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

Home , Barbara Rose Johns, Brooke Rollins, Jerry Nadler, Joe Crowley, Pete Peterson, Ryan Zinke

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

Vol. 164 WASHINGTON, WEDNESDAY, APRIL 25, 2018 No. 67 House of Representatives The House met at 9 a.m. and was lic for which it stands, one nation under God, ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker. indivisible, with liberty and justice for all. PRO TEMPORE f f The SPEAKER pro tempore (Mr. PRAYER WELCOMING RABBI SHLOMO ABRAHAM). After consultation among SEGAL Rabbi Shlomo Segal, Kehilat Moshe, the Speaker and the majority and mi- Brooklyn, New York, offered the fol- The SPEAKER. Without objection, nority leaders, and with their consent, lowing prayer: the gentleman from New York (Mr. the Chair announces that, when the Master of the universe, we humbly JEFFRIES) is recognized for 1 minute. two Houses meet in joint meeting to ask You to bless the endeavors of this There was no objection. hear an address by His Excellency Em- noble and dedicated body, the United Mr. JEFFRIES. Mr. Speaker, it is my manuel Macron, President of the States House of Representatives. Guide honor to welcome our guest chaplain, French Republic, only the doors imme- the Members of this House with Your Rabbi Shlomo Segal of Kehilat Moshe diately opposite the Speaker and those wisdom so that they may approach the synagogue from Sheepshead Bay, immediately to his left and right will complex challenges of our day with Brooklyn. Rabbi Segal and his wife, be open. forthrightness, integrity, and, above Adina, founded the synagogue 5 years No one will be allowed on the floor of all, compassion. ago, and they have since created a vi- the House who does not have the privi- Endow us with Your goodwill, O brant community not only for the di- lege of the floor of the House. Due to Lord, so that we may build bridges of verse group of Jews who attend their the large attendance that is antici- hope which make us strong and tear services, but for people of all faiths pated, the rule regarding the privilege down barriers of division which make throughout Brooklyn. of the floor must be strictly enforced. Rabbi Segal is a leader in our com- us weak. Grant us a listening and full Children of Members will not be per- munity who works hard to build heart so that we may each understand mitted on the floor. The cooperation of bridges of understanding and tolerance. one another and recognize the divine all Members is requested. He serves on the board of governors of image inherent in every human being. The practice of reserving seats prior the New York Board of Rabbis and is a We pray for this vision now. to the joint meeting by placard will In the words of the psalmist, ‘‘May rabbinical consultant to the Kings Bay not be allowed. Members may reserve the Lord give you grace and glory.’’ In Y, a Jewish community center in the their seats by physical presence only Eighth Congressional District that I that spirit, may we each find the following the security sweep of the proudly represent. strength and courage to bring God’s Chamber. Through his work, he celebrates the honor and glory to this great Nation. diversity of Brooklyn, bringing to- f Amen. gether different religious and ethnic RECESS f groups to emphasize what we all have The SPEAKER pro tempore. Pursu- THE JOURNAL in common—as New Yorkers and as ant to the order of the House of Tues- The SPEAKER. The Chair has exam- Americans and, most importantly, as day, April 17, 2018, the House stands in ined the Journal of the last day’s pro- human beings. recess subject to the call of the Chair. Rabbi Segal has brought together ceedings and announces to the House Accordingly (at 9 o’clock and 7 min- Jews, Christians, and Muslims to break his approval thereof. utes a.m.), the House stood in recess. Pursuant to clause 1, rule I, the Jour- fast for Ramadan and worked hard to f nal stands approved. bring together and strengthen ties between the Black and Jewish commu- f b 1037 nities of central Brooklyn. Rabbi PLEDGE OF ALLEGIANCE Segal’s efforts are geared toward mak- JOINT MEETING TO HEAR AN AD- DRESS BY HIS EXCELLENCY EM- The SPEAKER. Will the gentleman ing religion the greatest possible force MANUEL MACRON, PRESIDENT from Louisiana (Mr. ABRAHAM) come that it can be in our community and in OF THE FRENCH REPUBLIC forward and lead the House in the our Nation. Pledge of Allegiance. He is here today with his wonderful During the recess, the House was Mr. ABRAHAM led the Pledge of Al- wife, Adina, and two tremendous chil- called to order by the Speaker at 10 legiance as follows: dren, Shira and Rayna. It is my honor o’clock and 37 minutes a.m. I pledge allegiance to the Flag of the to welcome them to the people’s House The Assistant to the Sergeant at United States of America, and to the Repub- and to our Nation’s Capital. Arms, Ms. Kathleen Joyce, announced

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

H3509

VerDate Sep 11 2014 00:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.000 H25APPT1 H3510 CONGRESSIONAL RECORD — HOUSE April 25, 2018 the Vice President and Members of the The Senator from Vermont (Mr. And this morning, I stand under the U.S. Senate, who entered the Hall of LEAHY); protective gaze of Lafayette right be- the House of Representatives, the Vice The Senator from Minnesota (Ms. hind me. As a brave young man, he President taking the chair at the right KLOBUCHAR); fought alongside George Washington of the Speaker, and the Members of the The Senator from Wisconsin (Ms. and forged a tight relationship, fueled Senate the seats reserved for them. BALDWIN); by respect and affection. The SPEAKER. The joint meeting The Senator from New Jersey (Mr. Lafayette used to call himself ‘‘a son will come to order. MENENDEZ); and of the United States,’’ and in 1792, The Chair appoints as members of The Senator from Delaware (Mr. George Washington became a son of the committee on the part of the House COONS). America and France when our first Re- to escort His Excellency Emmanuel The Assistant to the Sergeant at public awarded citizenship to him. Macron into the Chamber: Arms announced the Acting Dean of Here we stand in your beautiful cap- The gentleman from California (Mr. the Diplomatic Corps, His Excellency ital city, whose plans were conceived MCCARTHY); Serge Mombouli, Ambassador of the by a French architect, Charles The gentleman from Louisiana (Mr. Republic of the Congo. L’Enfant. SCALISE); The Acting Dean of the Diplomatic The miracle of the relationship be- The gentlewoman from Washington Corps entered the Hall of the House of tween the United States and France is (Mrs. MCMORRIS RODGERS); Representatives and took the seat re- that we have never lost this special The gentleman from Ohio (Mr. STIV- served for him. bond deeply rooted not only in our his- ERS); The Assistant to the Sergeant at tory, but also in our flesh. This is why The gentleman from Georgia (Mr. Arms announced the Cabinet of the I invited President Donald Trump for COLLINS); President of the United States. the first Bastille Day parade of my The gentleman from Missouri (Mr. The members of the Cabinet of the Presidency on the 14th of July last SMITH); President of the United States entered year. Today, President Trump’s deci- The gentleman from North Carolina the Hall of the House of Representa- sion to offer France his first state visit (Mr. MCHENRY); tives and took the seats reserved for to Washington has a particular reso- The gentleman from California (Mr. them in front of the Speaker’s rostrum. nance because it represents the con- ROYCE); At 10 o’clock and 47 minutes a.m., tinuity of our shared history in a trou- The gentleman from South Carolina the Sergeant at Arms, the Honorable bled world. (Mr. WILSON); Paul D. Irving, announced His Excel- And let me thank your President and The gentleman from Ohio (Mr. lency Emmanuel Macron, President of the First Lady for this wonderful invi- LATTA); the French Republic. tation to my wife and me. I am so very The gentlewoman from California The President of the French Repub- grateful. And I would like, also, to (Ms. PELOSI); lic, escorted by the committee of Sen- thank you, ladies and gentlemen, for The gentleman from Maryland (Mr. ators and Representatives, entered the welcoming me on this occasion. And I HOYER); Hall of the House of Representatives would like to especially thank you, Mr. The gentleman from South Carolina and stood at the Clerk’s desk. Speaker, for your invitation. I want (Mr. CLYBURN); (Applause, the Members rising.) you to know how much I appreciate The gentleman from New York (Mr. The SPEAKER. Members of Con- this unique gesture. Thank you, sir. CROWLEY); gress, I have the high privilege and the The strength of our bonds is the The gentlewoman from California distinct honor of presenting to you His source of our shared ideals. This is (Ms. SA´ NCHEZ); Excellency Emmanuel Macron, Presi- what united us in the struggle against The gentleman from Georgia (Mr. dent of the French Republic. imperialism during the First World LEWIS); (Applause, the Members rising.) War, then in the fight against Nazism The gentleman from California (Mr. President MACRON. Mr. Speaker, during the Second World War. This is SCHIFF); Mr. Vice President, honorable Members what united us again during the era of The gentleman from Massachusetts of the United States Congress, ladies the Stalinist threats, and now we lean (Mr. KEATING); and gentlemen, it is an honor for on that strength to fight against ter- The gentleman from New York (Mr. France, for the French people, and for rorist groups. MEEKS); me to be received in this sanctuary of Let us, for a moment, transport our- The gentlewoman from Florida (Mrs. democracy, where so much of the his- selves to the past. Imagine this is July MURPHY); and tory of the United States has been 4, 1916. Back then, the United States The gentlewoman from Connecticut written. We are surrounded today with had not entered World War I; and yet a (Ms. ESTY). images, portraits, and symbols, which young American poet enlisted in the The VICE PRESIDENT. The Presi- reminds us that France has partici- ranks of our Foreign Legion because he dent of the Senate, at the direction of pated with heart in hand in the story of loved France and he loved the cause of that body, appoints the following Sen- this great Nation from the very begin- freedom. ators as members of the committee on ning. This young American would fight and the part of the Senate to escort His Ex- We have fought shoulder to shoulder die on Independence Day at Belloy-en- cellency Emmanuel Macron into the in many battles, starting with those Santerre, not far from Amiens, my House Chamber: that gave birth to the United States of hometown, after having written these The Senator from Kentucky (Mr. America. Since then, we have shared a words: ‘‘I have a rendezvous with MCCONNELL); common vision for humanity. death.’’ The name of this young Amer- The Senator from Texas (Mr. COR- Our two nations are rooted in the ican was Alan Seeger. A statue stands NYN); same soil, grounded in the same ideals in his honor in Paris. The Senator from Missouri (Mr. of the American and French revolu- Since 1776, we, the American and BLUNT); tions. We have worked together for the French people, have had a rendezvous The Senator from Colorado (Mr. universal ideals of liberty, tolerance, with freedom, and with it comes sac- GARDNER); and equal rights; and yet this is also rifices. That is why we are very hon- The Senator from Tennessee (Mr. about our human, gutsy, personal ored by the presence today of Robert CORKER); bonds throughout history. Jackson Ewald, a World War II vet- The Senator from Arkansas (Mr. In 1778, the French philosopher Vol- eran. Robert Jackson Ewald took part BOOZMAN); taire and Benjamin Franklin met in in the D-day landing. He fought for our The Senator from Arkansas (Mr. COT- Paris. John Adams tells the story that, freedom 74 years ago. TON); after they had shaken hands, they em- Sir, on behalf of France, thank you. I The Senator from Illinois (Mr. DUR- braced each other by hugging one an- bow to your courage and your devo- BIN); other in their arms and kissing each tion. The Senator from Washington (Mrs. other’s cheeks. It can remind you of In recent years, our nations have suf- MURRAY); something. fered wrenching losses simply because

VerDate Sep 11 2014 05:29 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD18\APRIL\H25AP8.REC H25AP8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3511 of our values and our taste for freedom, tween our cultures across the cen- Today, the international community because these values are the very ones turies: from Thomas Jefferson, who needs to step up our game and build those terrorists precisely hate. was Ambassador to France and built the 21st century world order based on Tragically, on September 11, 2001, his house in Monticello based on the the perennial principles we established many Americans had an unexpected building he loved in Paris; to Heming- together after World War II. The rule rendezvous with death. way’s novel, ‘‘Movable Feast,’’ cele- of law, the fundamental values on Over the last 5 years, my country and brating the capital city of France; from which we secured peace for 70 years, Europe also experienced terrible ter- our great 19th century French writer are now questioned by urgent issues rorist attacks, and we shall never for- Chateaubriand bringing to the French that require our joint action. get the innocent victims nor the in- people the dream of America’s open Together with our international al- credible resilience of our people in the spaces, forests, and mountains; to lies and partners we are facing inequal- aftermath. It is a horrific price to pay Faulkner’s novels, crafted in the Deep ities created by globalization, threats for freedom, for democracy. South, but first read in France, where to the planet, our common good, at- That is why we stand together in they quickly gained literary praise; tacks on democracy through the rise of Syria and in Sahel today, to fight to- from jazz coming from Louisiana and illiberalism, and the destabilization of gether against these terrorist groups the blues from Mississippi, finding in our international communities by new who seek to destroy everything for France an enthusiastic public; to the powers and criminal states. All these which we stand. We have encountered American fascination for impression- risks aggrieve our citizens. countless rendezvous with death be- ists and the French modern and con- Both in the United States and in Eu- cause we have this constant attach- temporary art. rope, we are living in a time of anger ment to freedom and democracy. These exchanges are vibrant, in so and fear because of these current glob- As emblazoned on the flags of the many fields, from cinema to fashion, al threats, but these feelings do not French Revolutionaries, ‘‘live free or from design to high cuisine, from build anything. You can play with die,’’ ‘‘vivre libre ou mourir.’’ sports to visual arts. fears and anger for a time, but they do Thankfully, freedom is also the Medicine and scientific research as not construct anything. Anger only source of all that is worth living for. well as business and innovation are freezes and weakens us. And as Frank- Freedom is a call to think and to love. also a significant part of our shared lin Delano Roosevelt said during his It is a call to our will. That is why in journey. The United States is France’s first inaugural speech: ‘‘The only thing times of peace, France and the United first scientific partner. Our economic we have to fear is fear itself.’’ States were able to forge unbreakable ties create hundreds of thousands of Therefore, let me say we have two bonds from the grist of painful memo- jobs on both sides of the Atlantic. possible ways ahead. We can choose ries. The story of France and the United isolationism, withdrawal, and nation- The most indestructible, the most States is a story of an endless dialogue alism; this is an option. It can be powerful, the most definitive knot be- made of common dreams, of a common tempting to us as a temporary remedy struggle for dignity and progress. It is tween us is the one that ties the true to our fears. But closing the door to the best achievement of our demo- purpose of our peoples to advance, as the world will not stop the evolution of cratic principles and values. This very Abraham Lincoln said, the ‘‘unfinished the world. It will not douse but inflame business’’ of democracy. special relationship, this is us. But we must remember the warning the fears of our citizens. Indeed, our two societies have stood We have to keep our eyes wide open of President Theodore Roosevelt: up to advance human rights for all. to the new risks right in front of us. I ‘‘Freedom is never more than one gen- They have engaged in a continual dia- am convinced that, if we decide to open eration away from extinction. We logue to unpack this ‘‘unfinished busi- didn’t pass it to our children in the our eyes wider, we will be stronger. We ness.’’ bloodstream. It must be fought for, will overcome the dangers. We will not In this Capitol rotunda, the bust of protected, handed on for them to do let the rampaging work of extreme na- Martin Luther King, assassinated 50 the same.’’ tionalism shake a world full of hopes years ago, reminds us of the inspira- This is an urgent reminder indeed, for greater prosperity. tion of African-American leaders, art- because now, going beyond our bilat- It is a critical moment. If we do not ists, writers, who have become part of eral ties, beyond our very special rela- act with urgency as a global commu- our common heritage. We celebrate, tionship, Europe and the United States nity, I am convinced that the inter- among them, James Baldwin and Rich- must face together the global chal- national institutions, including the ard Wright whom France hosted on our lenges of this century. United Nations and NATO, will no soil. We cannot take for granted our longer be able to exercise a mandate We have shared the history of civil transatlantic history and bonds. At the and stabilizing influence. We would rights. France’s Simone de Beauvoir core, our Western values themselves then inevitably and severely under- became a respected figure in the move- are at risk. mine the liberal order we built after ment for gender equality in America in We have to succeed facing these chal- World War II. the 1970s. Women’s rights have long lenges, and we cannot succeed in for- Other powers, with a stronger strat- been a fundamental driver for our soci- getting our principles and our history. egy and ambition, will then fill the eties on both sides of the Atlantic. This In fact, the 21st century has brought void we would leave empty. Other pow- explains why the Me Too movement a series of new threats and new chal- ers will not hesitate one second to ad- has recently had such a deep resonance lenges that our ancestors might not vocate their own model to shape the in France. ever have imagined. Our strongest be- 21st century world order. Democracy is made of day-to-day liefs are challenged by the rise of a yet Personally, if you ask me, I do not conversation and mutual under- unknown new world order. Our soci- share the fascination for new, strong standing between citizens. It is easier eties are concerned about the future of powers, the abandonment of freedom, and deeper when we have the ability to their children. and the illusion of nationalism. speak each other’s language. The heart All of us gathered here in this noble Therefore, distinguished Members of of Francophonie also beats here in the Chamber, we elected officials, all share the Congress, let us push them aside, United States, from New Orleans to Se- the responsibility to demonstrate that write our own history, and birth the fu- attle. I want this heart to beat even democracy remains the best answer to ture we want. We have to shape our harder in American schools all across the questions and doubts that arise common answers to the global threats the country. today. that we are facing. Democracy relies also on the faculty Even if the foundations of our The only option then is to strengthen of freely describing the present and the progress are disrupted, we must stand our cooperation. We can build the 21st capacity to invent the future. This is firmly and fight to make our principles century world order based on a new what culture brings. prevail, but we bear another responsi- breed of multilateralism, based on a Thousands of examples come to mind bility inherited from our collective his- more effective, accountable, and re- when we think of the exchanges be- tory. sults-oriented multilateralism, a

VerDate Sep 11 2014 06:19 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD18\APRIL\H25AP8.REC H25AP8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE H3512 CONGRESSIONAL RECORD — HOUSE April 25, 2018 strong multilateralism. This requires, We wrote these rules; we should fol- nial values handed to us and assure more than ever, the United States’ in- low them. that today’s unprecedented innova- volvement, as your role was decisive I believe we can address our citizens’ tions in science and technology remain for creating and safeguarding today’s concerns regarding privacy and per- in the service of liberty and in the free world. sonal data. preservation of our planet for the next The United States is the one who in- The recent Facebook hearings high- generations. vented this multilateralism. You are lighted the necessity to preserve our To protect our democracies, we have the one now who has to help preserve citizens’ digital rights all over the to fight against the ever-growing virus and reinvent it. This strong world and protect the confidence in to- of fake news, which exposes our people multilateralism will not outshine our day’s digital tools of life. to irrational fear and imaginary risks. national cultures and national identi- The European Union passed a new And let me attribute the fair copy- ties. It is exactly the other way regulation for data protection. I be- right for this expression ‘‘fake news,’’ around. A strong multilateralism will lieve the United States and the Euro- especially here. allow our cultures and identities to be pean Union should cooperate to find Without reason, without truth, there respected, to be protected, and to flour- the right balance between innovation is no real democracy because democ- ish freely together. Why? Because pre- and ethics and harness the best of to- racy is about true choices and rational cisely our own culture is based, on both day’s revolutions in digital data and decisions. sides of the Atlantic, on this unique artificial intelligence. The corruption of information is an taste for freedom, on this unique at- I believe facing inequalities should attempt to corrode the very spirit of tachment for liberty and peace. This push us to improve policy coordination our democracies. strong multilateralism is a unique op- within the G20 to reduce financial spec- We also have to fight against the ter- tion compatible with our nations, our ulation and create mechanisms to pro- rorist propaganda that spreads out its cultures, our identities. tect the middle class’ interest because fanaticism on the internet. With the U.S. President, with the our middle classes are the backbone of It has a gripping influence on some of support of every 535 Member of this our democracies. our citizens and children. I want this Joint Session, representing the whole I believe in building a better future fight to be part of our bilateral com- American Nation, we can actively con- for our children, which requires offer- mitment, and we discussed with your tribute together to building the 21st ing them a planet that is still habit- President the importance of such an century world order for our people. able in 25 years. agenda. The United States and Europe have a Some people think that securing cur- I want this fight to be part of the G7 historical role in this respect because rent industries and their jobs is more agenda because, here again, it deeply it is the only way to defend what we urgent than transforming our econo- harms our rights and shared values. believe in; to promote our universal mies to meet the global challenge of The terrorist threat is even more values; to express strongly that human climate change. I hear these concerns, dangerous when it is combined with rights, the rights of minorities, and but we must find a smooth transition the nuclear proliferation threat. We shared liberty are the true answer to to a low-carbon economy. must, therefore, be stricter than ever the disorders of the world. Because what is the meaning of our with countries seeking to acquire the I believe in these rights and values. I life, really, if we work and live destroy- nuclear bomb. believe that, against ignorance, we ing the planet while sacrificing the fu- That is why France supports fully have education. Against inequalities, ture of our children? the United States in its efforts to bring development. Against cynicism, trust What is the meaning of our life if our P’yongyang through sanctions and ne- and good faith. Against fanaticism, decision, our conscious decision, is to gotiations towards denuclearization of culture. Against disease and epidemics, reduce the opportunities for our chil- the Korean Peninsula. medicine. Against the threats on the dren and our grandchildren? As for Iran, our objective is clear. planet, science. I believe in concrete action. I believe By polluting the oceans, not miti- Iran shall never possess any nuclear the solutions are in our hands. I believe gating CO2 emissions, and destroying weapons. Not now, not in 5 years, not in the liberation of the individual and our biodiversity, we are killing our in 10 years. Never. in the freedom and responsibility of ev- planet. But this policy should never lead us eryone to build their own lives and pur- Let us face it: There is no planet B. to war in the Middle East. We must en- sue happiness. I believe in the power of On this issue, it may happen we have sure stability and respect sovereignty intelligently regulated market econo- disagreements between the United of the nations, including that one of mies. States and France. It may happen, like Iran, which represents a great civiliza- We are experiencing the positive im- in all families. But that is, for me, a tion. pact of our current economic short-term disagreement. Let us not replicate past mistakes in globalization with innovation, with job In the long run, we will have to face the region. Let us not be naive on one creation. We see, however, the abuses the same realities, and we are just citi- side. Let us not create new walls our- of globalized capitalism and digital dis- zens of the same planet. So we will selves on the other side. ruptions which jeopardize the stability have to face it. There is an existing framework of our economies and democracies. I So beyond some short-term disagree- called the JCPOA to control the nu- believe facing these challenges requires ments, we have to work together with clear activity of Iran. We signed it at the opposite of massive deregulation business leaders and local commu- the initiative of the United States. We and extreme nationalism. nities. Let us work together in order to signed it, both the United States and Commercial war is not the proper an- make our planet great again and create France. That is why we cannot say we swer to this evolution. We need a free new jobs and new opportunities while should get rid of it like that. and fair trade for sure. A commercial safeguarding our Earth. But it is true to say that this agree- war opposing allies is not consistent And I am sure one day the United ment may not address all concerns, and with our mission, with our history, States will come back and join the very important concerns. This is true. with our current commitments for Paris Agreement. And I am sure we can But we should not abandon it without global security. At the end of the day, work together to fulfill with you the having something substantial, and it will destroy jobs, increase prices, ambitions of the global compact on the more substantial, instead. That is my and the middle class will have to pay environment. position. for it. Ladies and gentlemen, I believe in That is why France will not leave the I believe we can build the right an- democracy. Many of our forebearers JCPOA, because we signed it. Your swers to legitimate concerns regarding were slain for the cause of freedom and President and your country will have trade imbalances, excesses, and over- human rights. With the great inherit- to take, in the current days and weeks, capacities by negotiating through the ance they gave us comes the responsi- its own responsibilities regarding this World Trade Organization and building bility to continue their mission in this issue. That is what I want to do. And cooperative solutions. new century and to preserve the peren- once we decide it together, with your

VerDate Sep 11 2014 06:37 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD18\APRIL\H25AP8.REC H25AP8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3513 President, we can work on a more com- Here, I would like to pay special trib- b 1230 prehensive deal addressing all of his ute to the American soldiers who fell AFTER RECESS concerns. this past fall in the region and to their That is why we have to work on this French comrades who lost their lives The recess having expired, the House more comprehensive deal based, as was earlier this year in Mali. Better than was called to order by the Speaker pro discussed with President Trump yester- anyone, I think our troops know what tempore (Mr. VALADAO) at 12 o’clock day, on four pillars: the substance of the alliance and friendship between our and 30 minutes p.m. the existing agreement, especially if countries mean. f you decide to leave it; the post-2025 pe- I believe facing all these challenges, riod, in order to be sure that we will all these fears, all this anger, our duty, PRINTING OF PROCEEDINGS HAD never have any nuclear activity for our destiny is to work together and to DURING RECESS Iran; the containment of the military build this new strong multilateralism. Mr. WOODALL. Mr. Speaker, I ask influence of the Iranian regime in the Distinguished Members of Congress, unanimous consent that the pro- region; and the monitoring of ballistic ladies and gentlemen, on April 25, 1960, ceedings had during the recess be print- activity. General de Gaulle affirmed in this ed in the RECORD. I think these four pillars, the ones I Chamber that nothing was as impor- The SPEAKER pro tempore. Is there addressed in front of the General As- tant to France as ‘‘the reason, the reso- objection to the request of the gen- sembly of the United Nations last Sep- lution, the friendship of the great peo- tleman from Georgia? tember, are the ones which cover the ple of the United States.’’ Fifty-eight There was no objection. legitimate fears of the United States years later, to this very day, I come and our allies in the region. f I think we have to start working now here to convey the warmest feelings of the French nation and to tell you that ELECTING A MEMBER TO A CER- on these four pillars to build this new, TAIN STANDING COMMITTEE OF comprehensive deal and to be sure our people cherish the friendship of the American people with as much inten- THE HOUSE OF REPRESENTA- that, whatever the decision of the TIVES United States will be, we will not leave sity as ever. the floor to the absence of rules. We The United States and the American Mr. WOODALL. Mr. Speaker, by di- will not leave the floor to these con- people are an essential part of our con- rection of the Republican Conference, I flicts of power in the Middle East. We fidence in the future, in democracy, in offer a privileged resolution and ask will not fuel ourselves in increasing what women and men can accomplish for its immediate consideration. tensions and potential war. in this world when we are driven by The Clerk read the resolution, as fol- That is my position, and I think we high ideals and an unbreakable trust in lows: can work together to build this com- humanity and progress. H. RES. 844 prehensive deal for the whole region for Today, the call we hear is the call of Resolved, That the following named Mem- our people, because I think it fairly ad- history. This is a time of determina- ber be, and is hereby, elected to the fol- dresses our concerns. That is my position and courage. What we cherish is at lowing standing committee of the House of tion. stake. What we love is in danger. We Representatives: And this containment I mentioned in have no choice but to prevail; and to- COMMITTEE ON ARMED SERVICES: Mr. Mitch- one of the pillars is necessary in gether, we shall prevail. ell. Yemen, in Lebanon, in Iraq, and also in ‘‘Long live the friendship between The resolution was agreed to. Syria. Building a sustainable peace in a France and the United States of Amer- A motion to reconsider was laid on united and inclusive Syria requires, in- ica,’’ ‘‘vive les Etats-Unis d’Amerique.’’ the table. deed, that all powers in the region re- ‘‘Long live the Republic,’’ ‘‘vive la f spect the sovereignty of its people and Re´publique.’’ ‘‘Long live France,’’ PROVIDING FOR CONSIDERATION the diversity of its communities. ‘‘vive la France.’’ ‘‘Long live our OF H.R. 4, FAA REAUTHORIZA- In Syria, we work very closely to- friendship,’’ ‘‘vive notre amitie´.’’ TION ACT OF 2018; PROVIDING gether. After prohibited weapons were ‘‘Thank you,’’ ‘‘merci.’’ used against the population by the re- FOR CONSIDERATION OF H.R. (Applause, the Members rising.) gime of Bashar al-Assad 2 weeks ago, 3144, PROVIDING FOR THE OPER- At 11 o’clock and 52 minutes a.m., the United States and France, together ATIONS OF THE FEDERAL CO- His Excellency Emmanuel Macron, with the United Kingdom, acted to de- LUMBIA RIVER POWER SYSTEM; stroy chemical facilities and to restore President of the French Republic, ac- AND PROVIDING FOR PRO- the credibility of the international companied by the committee of escort, CEEDINGS DURING THE PERIOD community. This action was one of the retired from the Hall of the House of FROM APRIL 30, 2018, THROUGH best evidences of this strong Representatives. MAY 4, 2018 The Assistant to the Sergeant at multilateralism. Mr. WOODALL. Mr. Speaker, by di- And I want to pay a special tribute to Arms escorted the invited guests from the Chamber in the following order: rection of the Committee on Rules, I our soldiers, because they did a very call up House Resolution 839 and ask great job in this region and on this oc- The members of the President’s Cabi- net; for its immediate consideration. casion. The Clerk read the resolution, as fol- Beyond this action, we will, together, The Acting Dean of the Diplomatic lows: work for humanitarian solutions in the Corps. short-term on the ground, and con- H. RES. 839 tribute actively to a lasting political f Resolved, That (a) at any time after adop- solution to put an end to this tragic tion of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the conflict. JOINT MEETING DISSOLVED House resolved into the Committee of the I think one of the very important de- The SPEAKER. The purpose of the Whole House on the state of the Union for cisions we took together with Presi- consideration of the bill (H.R. 4) to reauthor- dent Trump was precisely to include joint meeting having been completed, ize programs of the Federal Aviation Admin- Syria in this large framework for the the Chair declares the joint meeting of istration, and for other purposes. The first overall region and to decide to work to- the two Houses now dissolved. reading of the bill shall be dispensed with. gether on a political deal for Syria and Accordingly (at 11 o’clock and 53 All points of order against consideration of for the Syrian people, even after our minutes a.m.), the joint meeting of the the bill are waived. General debate shall be war against ISIS. two Houses was dissolved. confined to the bill and shall not exceed one In the Sahel, where terrorist net- The Members of the Senate retired to hour equally divided and controlled by the chair and ranking minority member of the works span a footprint as large as Eu- their Chamber. Committee on Transportation and Infra- rope, French and American soldiers are The SPEAKER. The House will con- structure. After general debate the bill shall confronting the same enemy and risk- tinue in recess subject to the call of be considered for amendment under the five- ing their lives together. the Chair. minute rule. The bill shall be considered as

VerDate Sep 11 2014 06:39 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD18\APRIL\H25AP8.REC H25AP8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE H3514 CONGRESSIONAL RECORD — HOUSE April 25, 2018 read. All points of order against provisions The SPEAKER pro tempore. The gen- that he has done. As you know, he has in the bill are waived. tleman from Georgia is recognized for 1 been a long champion of reforming the (b) No amendment to the bill shall be in hour. FAA, believing that we could get even order except those printed in part A of the Mr. WOODALL. Mr. Speaker, for the more value for the American taxpayer report of the Committee on Rules accom- purpose of debate only, I yield the cus- panying this resolution and amendments en dollars out of the FAA. While he did bloc described in subsection (e). tomary 30 minutes to the gentlewoman not achieve everything that he wanted (c) Each amendment printed in part A of from California (Mrs. TORRES), the to achieve in this bill either, Mr. the report of the Committee on Rules shall newest member of the Rules Com- Speaker, we have a dramatic step for- be considered only in the order printed in the mittee, pending which I yield myself ward in H.R. 4 today. report, may be offered only by a Member des- such time as I may consume. During These things never happen by acci- ignated in the report, shall be considered as consideration of this resolution, all dent, Mr. Speaker, as you well know, read, shall be debatable for the time speci- time yielded is for the purpose of de- and I want to thank all the folks who fied in the report equally divided and con- bate only. have been toiling behind the scenes in trolled by the proponent and an opponent, shall not be subject to amendment, and shall GENERAL LEAVE the Transportation and Infrastructure not be subject to a demand for division of the Mr. WOODALL. Mr. Speaker, I ask Committee day in and day out. I am question in the House or in the Committee of unanimous consent that all Members thinking of folks, Mr. Speaker, like the Whole. have 5 legislative days to revise and ex- Chris Vieson. I am thinking about (d) All points of order against amendments tend their remarks. folks like Naveen Rao. I am thinking printed in part A of the report of the Com- The SPEAKER pro tempore. Is there about Hunter Presti and Brittany mittee on Rules or amendments en bloc de- objection to the request of the gen- Smith. scribed in subsection (e) are waived. tleman from Georgia? Mr. Speaker, even though he has left (e) It shall be in order at any time for the us to go, now, serve in the article II chair of the Committee on Transportation There was no objection. and Infrastructure or his designee to offer Mr. WOODALL. Mr. Speaker, today’s Federal Railroad Administration, I amendments en bloc consisting of amend- rule provides for the consideration of want to thank Matt Sturges, who was ments printed in part A of the report of the two bills: H.R. 4, which is the FAA Re- the former staff director there at the Committee on Rules not earlier disposed of. authorization Act, and a closed rule for committee, for all he has done over 2 Amendments en bloc offered pursuant to this H.R. 3144, which would adjust oper- years to get us to this place. subsection shall be considered as read, shall ations at the Federal Columbia River Mr. Speaker, as you know, getting be debatable for 20 minutes equally divided Power System. this work done requires a collaborative and controlled by the chair and ranking mi- We are lucky today, Mr. Speaker, in working relationship, Members and nority member of the Committee on Trans- portation and Infrastructure or their des- that we will have Mr. NEWHOUSE, who staff across the aisle, from committee ignees, shall not be subject to amendment, is an expert from Washington State on office staff to personal office staff, and and shall not be subject to a demand for divi- H.R. 3144, come down to the floor and it has really been a rewarding process. sion of the question in the House or in the talk extensively about that measure I am very proud of the product that we Committee of the Whole. and why it is important for Wash- have on the floor today, but it wouldn’t (f) At the conclusion of consideration of ington State. But before we talk about have been possible without all of the the bill for amendment the Committee shall Washington State, I want to talk about staff working and the collaboration rise and report the bill to the House with the FAA reauthorization bill as well. that went on. I am grateful to folks for such amendments as may have been adopted. I would point out, Mr. Speaker, it is that. That is the authorizing com- The previous question shall be considered as ordered on the bill and amendments thereto not every rule in every case we are able mittee side, Mr. Speaker. to final passage without intervening motion to make every Rules Committee mem- On the Rules Committee side, we had except one motion to recommit with or with- ber’s amendment in order, but we are an equal amount of work going on. out instructions. fortunate today that, during Mrs. These past few days, moving this bill SEC. 2. Upon adoption of this resolution it TORRES’ very first rule on the House through the Rules Committee, the staff shall be in order to consider in the House the floor, we are making her amendment in has had to work tirelessly, in large bill (H.R. 3144) to provide for operations of order, which, again, Mr. Speaker, is part, because of all the amendments the Federal Columbia River Power System one of those prerogatives of Rules Com- that were offered to the bill. We now, pursuant to a certain operation plan for a specified period of time, and for other pur- mittee members. in this rule, today, Mr. Speaker, made poses. All points of order against consider- I know that in the first few moments in order 116 different revisions to this ation of the bill are waived. The amendment of the FAA bill, Mr. Speaker, we are bill. printed in part B of the report of the Com- going to want to talk about the good Let me say that again. We went mittee on Rules accompanying this resolu- work that went on in the Transpor- through a complete, full, and open tion shall be considered as adopted. The bill, tation and Infrastructure Committee. markup in the Transportation and In- as amended, shall be considered as read. All It has really been my pleasure as not frastructure Committee, as you know, points of order against provisions in the bill, just a Rules Committee member, but as Mr. Speaker; but then, in the Rules as amended, are waived. The previous ques- a Transportation and Infrastructure Committee, we made in order an addition shall be considered as ordered on the bill, as amended, and on any further amend- Committee member to be able to work tional 116 amendments through this ment thereto, to final passage without inter- on this bill now in two committees. rule today: 56 of those are amendments vening motion except: (1) one hour of debate You may recall, Mr. Speaker, that we sponsored by my Democratic col- equally divided and controlled by the chair went not only through our initial hear- leagues; 36 of those are amendments and ranking minority member of the Com- ings in the Transportation and Infra- sponsored by my Republican col- mittee on Natural Resources; and (2) one mo- structure Committee; we went through leagues; and 24 of those are amend- tion to recommit with or without instruc- a summer markup last year. We have ments that have bipartisan support tions. gone through five short-term exten- here in this Chamber. That is just over SEC. 3. On any legislative day during the period from April 30, 2018, through May 4, sions on FAA, and we are now here pre- 50 percent of all the ideas that were 2018 — pared to consider a full 5-year reau- brought to the Rules Committee last (a) the Journal of the proceedings of the thorization on the floor. night, Mr. Speaker. previous day shall be considered as approved; It has not been the easiest process. I hope that my colleagues are as and There have been a lot of folks who proud of that as I am. It reflects the (b) the Chair may at any time declare the haven’t gotten everything they have commitment that Speaker RYAN made House adjourned to meet at a date and time, wanted in this process, but it has been to having a more open and transparent within the limits of clause 4, section 5, arti- a collaborative process, Mr. Speaker, process. Here, again: 56 Democratic cle I of the Constitution, to be announced by and I am glad that we have it here amendments, 36 Republican amend- the Chair in declaring the adjournment. today. ments, and 24 bipartisan amendments. SEC. 4. The Speaker may appoint Members to perform the duties of the Chair for the du- I would be remiss if I didn’t thank Mr. Speaker, this FAA bill is a good ration of the period addressed by section 3 of our committee chairman on the au- step towards bringing more value to this resolution as though under clause 8(a) of thorizing committee, Mr. Speaker, the American taxpayer from the FAA, rule I. Chairman SHUSTER, for all the work and this rule is a good step to making

VerDate Sep 11 2014 00:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.002 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3515 that possible. With the passage of this yanking the pendulum back and forth voting days, and with this combined rule today, we will be able to move di- on Federal funding does not serve any rule, who knows how long we will be rectly to that debate. of our constituents’ cause. Funding here this week. Perhaps we could use Mr. Speaker, don’t believe the head- stability—knowing that they can count some of this extra time to take up a lines that say Congress has packed up on the Federal Government to be their number of issues which Americans its bags and gone home. I hear that day partner in providing innovation and have been asking for. in and day out that folks think this improving the overall experience of Instead of making this yet another 2018 is not going to be a particularly those men and women who travel short week, how about we give Ameri- productive legislative session. I reject through these airports—is of vital im- cans a vote on addressing gun violence that. I reject that with no reservations portance. by giving us a vote on background whatsoever. And finally, Mr. Speaker, this bill en- checks, bump stocks, assault weapons, I see the passion my friends on the sures that our American airlines—like gun trafficking reform; or ensuring Democratic side have for continuing to my hometown airline of Delta—can that we don’t find ourselves in a con- make improvements for the American compete and win against anyone on the stitutional crisis by protecting the spe- people. I see that same passion on our planet in terms of the service, reli- cial counsel, and making sure that we side. Now, I am not saying we are not ability, safety, and customer service address Russian interference in our going to have some challenges keeping that we have come to expect. Again, elections; or allowing the House to ac- people focused on the process at hand, aviation is a partnership in this coun- tually take a vote on so many out- but this FAA bill is a good example of try, Mr. Speaker, between private sec- standing immigration issues by pro- the fact that we are still hard at work, tor actors and public actors. We need tecting DACA and TPS recipients? and there is still much work that we to do all that we can, from our end of There are 244 cosponsors of Rep- can do together. Pennsylvania Avenue, to be the very resentative DENHAM’s ‘‘Queen of the This bill, Mr. Speaker, finally deliv- best partners that we can. Hill’’ resolution, including over 40 ers on the regulatory reform to the Of course, we can always do more, members of the majority party. FAA certification process. and I hope that we will continue to do Nearly 8 months since President Now, if you have any companies in more. I am expecting a very robust Trump terminated the DACA program, your district that are involved in FAA Transportation Committee cycle here Congress has continually failed to pro- regulations in any way, shape, or form, over the next 9 months. But this bill tect the thousands of American Dream- you know exactly what I am talking today is a significant downpayment on ers who lose their protections every about. This certification process is our commitment to the American peo- single day. Dreamers are the educators, going to allow companies all over the ple to make our aviation infrastructure doctors, and small-business owners who country, including many in my dis- continue to be the very finest on the make our communities better and help trict, Mr. Speaker, like Meggitt in planet. make our country stronger and safer. Suwanee, like Universal Avionics in Mr. Speaker, this rule that, again, There are very real consequences for Duluth, like Siemens in Cumming, will govern debate of both H.R. 4 and the lack of a permanent solution to Gulfstream in Savannah, and many H.R. 3144 is a fair rule. These are both this crisis. The American people want others, to get safer, more innovative commonsense measures that will ben- us to act. We can respect their will by aviation products to market faster. efit the American people. I hope my taking up the ‘‘Queen of the Hill’’ reso- Let me say that again, Mr. Speaker: colleagues will see that, I hope my col- lution on one of the many days where safer products, more innovative prod- leagues will come to the floor and sup- we find ourselves with nothing to do. ucts, more value to the American tax- port this rule, and I hope my col- We could work together to at least pro- payer to market faster. leagues will also support the two un- vide the House with a path forward This bill also provides a pathway to derlying measures. where the best idea wins. regulatory certainty for unmanned air- Mr. Speaker, I reserve the balance of Mr. Speaker, instead of doing what craft systems. That allows companies my time. we did last week by canceling voting like L3 Technologies and Colonial Mrs. TORRES. Mr. Speaker, I yield days, let’s take this time to act on be- Pipeline in Alpharetta, like UPS in myself such time as I may consume. I half of our constituents. Why don’t we Sandy Springs, like our electric utili- thank the gentleman for yielding me put a stop to the administration’s at- ties in Gwinnett and Forsyth Counties, the customary 30 minutes. tack on the Affordable Care Act and Mr. Speaker, and many other compa- I am proud to be the newest member work on bipartisan improvements to nies in my home State of Georgia to of the House Rules Committee. When I control the cost of healthcare, pre- get their technologies out faster, to expressed my desire to join the com- scription drugs, and increase access to make environments safer for their em- mittee to the minority leader, I shared services? ployees and for my constituents. my hope that I could do my part to en- Finally, why don’t we take some sure the committee would allow the time to do what I have been calling for b 1245 House to work its will in an open way. since my first day in Congress and pass We all know that the transformative Unfortunately, the rule that we are a large-scale infrastructure package? power of unmanned aviation is upon us. bringing to the floor does not meet There are roads and bridges crumbling We have got to regulate that in a safe that standard. For that reason, I rise in around our country, transit systems in and responsible way to make sure that opposition. need of significant repair, and a power the rules are in place for certainty, for The rule we consider this afternoon grid waiting to enter the 21st century. safety, and for opportunity for innova- is a combined rule for H.R. 3144, legis- We need robust investments in our tion. I believe we have that in this bill. lation to delay and derail management transportation and energy infrastruc- We have a choice, Mr. Speaker. We practices at the Federal Columbia ture. are either going to lead the world in River Power System in the Pacific In its 2017 report card, the American unmanned aviation or we are going to Northwest, and H.R. 4, the Federal Society of Civil Engineers gave us our cede leadership to countries like China. Aviation Administration Reauthoriza- infrastructure a nearly failing grade of I say we seize leadership, and we are tion Act. There is no reason for the a D-plus. But based on my experiences seizing it here in this bill. House to take up these items in a com- driving around my hometown, that The bill also commits that our air- bined rule. We have plenty of time to might be a bit too generous. ports—from the busiest airport in the give each bill a full, robust debate, and These are all the things that have bi- world, Mr. Speaker, my hometown air- plenty of time to allow the House an partisan agreement. It is up to us to port of Hartsfield-Jackson, the fourth opportunity to vote on some of the 138 address the real problems before us busiest airport in the State; and also in amendments filed to these bills that with leadership, security, and stability my district, Mr. Speaker, is Briscoe were not made in order under this rule. that the Nation demands. Field in Lawrenceville—that these air- Mr. Speaker, the House appears to be That said, as I mentioned before, we ports have access to long-term funding in a rush to leave here every single have two bills included in this rule. sustainability. We all know that week. Last week, we only had three The first is the FAA Authorization

VerDate Sep 11 2014 01:10 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.011 H25APPT1 H3516 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Act, the first long-term FAA reauthor- to the floor. This bill is intended to Now it leaves the Transportation and ization since 2012. This legislation was provide for operations of the Federal Infrastructure Committee, where the developed over 3 years of bipartisan Columbia River Power System and subject matter experts are, and we and stakeholder negotiations. It will delay multiple court decisions which have now made in order over 100 addi- provide long-term stability for our Na- are intended to protect the local envi- tional amendments brought from all tion’s aviation community, continue ronment. across this House, more Democratic investments in research and innova- This legislation would derail the on- amendments made in order than Re- tion, and make necessary reforms to going comprehensive efforts to improve publican amendments made in order, improve American competitiveness and dam management practices on the Co- but over 100 additional amendments safety in aviation. lumbia River basin, creating problem- made in order to try to perfect this I appreciate Chairman SHUSTER atic conservation and management bill. working with Ranking Member DEFA- policies. The impact on salmon and It may not be everything that folks ZIO to ensure that this bill is as bipar- steelhead trout, in particular, would would like to see, but I would share tisan as possible. I would have pre- harm not just the environment, but with the gentlewoman, Mr. Speaker, ferred that we did more to assist our also tribes and businesses of the Pacific that from my brief Rules Committee Nation’s airports, but this bill reflects Northwest. experience, we are getting close to a the committee’s will. I joined the Rules Committee from high-water mark here, and I am going Airline safety is on all of our minds, my previous role as ranking member to try to take credit and share enthu- especially after the tragedy of South- on the Indian, Insular, and Alaska Na- siasm when we have an opportunity to west Flight 1380. Moving this bill for- tive Affairs Subcommittee. I was proud do it. ward, without the poison bill language of the work I did to protect Tribal com- Mr. Speaker, I yield 3 minutes to the we had seen in previous versions, will munities, and while serving in that gentleman from Montana (Mr. go a long way in improving passenger role, I opposed this legislation due to GIANFORTE), for his insights on this safety, passenger comfort, and the en- the negative impact on local tribes. legislation. tire experience on our Nation’s air- The 2014 operation plan, which this Mr. GIANFORTE. Mr. Speaker, I rise lines. bill attempts to re-implement, was de- today in support of H.R. 3144, which Following my work to return the On- veloped by the Department of Com- will bring certainty to the manage- tario International Airport to local merce National Marine Fisheries Serv- ment of the Federal Columbia River control, we have seen my hometown ices. That plan was found to violate the Power System. airport go through a renaissance with Endangered Species Act and the Na- For generations, the system has pro- new flights being added constantly. It tional Environmental Policy Act, and vided thousands of Montanans with is my hope that this bill continues that failed to live up to the agreement we clean, low-cost energy. Compliance growth and allows for more improve- made with local tribes. with environmental mandates and liti- ments at the airport. Native peoples of the Pacific North- gation, however, threaten our way of While I am pleased this rule does west ceded most of their ancestral life. make in order an amendment I offered homeland to the U.S. in exchange for The Bonneville Power Administra- to assist Ontario International Airport the right to catch salmon and tion spent over $700 million to comply and airports like it, there are many steelhead at their accustomed places. with environmental red tape in 1 year amendments which were not made in This tradition carries great cultural alone. Thirty percent of those costs order. and religious significance, but the cur- were passed on to taxpayers. A recent One such amendment I want to men- rent operation plan would further harm court-ordered spill released nearly $40 tion is Representative CARTWRIGHT’s Tribal fisheries. million of potential hydropower. Ap- amendment No. 152 on single-pilot op- Mr. Speaker, I oppose this rule and proximately 130,000 Montana taxpayers erations. I am extremely concerned the underlying legislation because it will pay a portion of the costs for this with section 744 of the underlying leg- fails to include the appropriate input court-mandated spill. This increase is islation, which establishes an FAA re- from local tribes. I urge my colleagues on top of rate hikes of up to 50 percent search and development program in to reconsider bringing this bill forward, that western Montana electric co-ops support of single-pilot all-cargo oper- and go back to the drawing board have faced since 2011. ations utilizing remote piloting or where an agreement can be reached It is time to bring certainty to the computer piloting technology. that brings all affected parties on operations of the Columbia River Sys- Unfortunately, I believe moving in board. tem. this direction—single-piloted aircraft— Mr. Speaker, I urge my colleagues to Mr. Speaker, as a cosponsor of this will result in excessive workload for pi- oppose the rule we have before us, and bipartisan bill, I urge my colleagues to lots and safety risks for everyone. I reserve the balance of my time. bring some relief to Montana taxpayers I think it would have been fair for and pass H.R. 3144. the House to give the Cartwright b 1300 Mrs. TORRES. Mr. Speaker, I yield 3 amendment a floor debate and a simple Mr. WOODALL. Mr. Speaker, I yield minutes to the gentleman from Texas up-or-down vote. myself such time as I may consume. (Mr. DOGGETT), the distinguished rank- In addition, I am disappointed that Mr. Speaker, I say with no levity ing member of the Ways and Means Representative GRACE MENG’s amend- that we are absolutely thrilled to have Subcommittee on Tax Policy. ment No. 28 was not made in order. Mrs. TORRES on the Rules Committee, Mr. DOGGETT. Mr. Speaker, I thank This amendment would have standard- as she has already made a contribu- the gentlewoman for yielding. ized the treatment of animals aboard tion. She is going to continue to make Recently, our attention was rightly airlines. a wonderful contribution. focused on one passenger who was I know we were all horrified when we I would say, Mr. Speaker, to my killed after jet engine failure. read the reports last month of a pet friend from California, that sometimes Two years ago, July 30, 2016, 16 people who died after being forced into a lug- setting expectations is the right way to were killed near Lockhart, Texas, in gage compartment, or being flushed find success in the things that we pur- the deadliest commercial balloon crash down a toilet, or being forced to leave sue in our lives. in our Nation’s history and the worst the plane. This FAA bill, I recognize her con- aviation disaster of any type in the According to a U.S. Department of cerns that not every amendment was last decade. Transportation report issued in Feb- made in order. She is absolutely right. After that crash, this photo shows all ruary, 24 animals died in the care of However, this bill did go through the that was left. Rightly, the head of the U.S. carriers last year. I don’t think it Transportation and Infrastructure National Transportation Safety Board is too much to ask for a vote on the Committee, where all of our transpor- expressed his disappointment that the House floor to establish standards for tation subject matter experts are sup- Federal Aviation Administration ap- the safety of our constituents’ pets. posed to be, and absolutely every pears to be shirking its responsibility In addition to the FAA authorization amendment was considered in that for the many people who go out to bill, this rule will also bring H.R. 3144 transportation committee. enjoy a commercial balloon flight.

VerDate Sep 11 2014 01:10 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.014 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3517 Since 2016, I have repeatedly urged region’s ability to continue providing generation levels, however . . . there is far the FAA to adopt a safety measure, clean, renewable, and affordable power less generation available for use. . . . Under long recommended by the NTSB, to derived from hydroelectric dams. the right conditions, local blackouts may help avert tragedies like this. Now, unfortunately, a Federal judge occur if there is inadequate transfer capa- in Portland, Oregon, has decided to bility in the transmission system to move The NTSB found that the FAA’s re- the necessary electric power to loads. fusal to require commercial balloon op- throw out this comprehensive plan and erators to obtain a medical certificate negate years of serious concerted ef- I am already hearing from our local that they are suitable for flying con- forts by a diverse set of Federal, State, cooperatives and public utility distributed to this crash where so many and local stakeholders. He has anoint- tricts that this threat is not far off. were harmed. ed himself the sole expert of this river Our communities could be facing the My bipartisan amendment, that has system and has begun dictating sci- risk of rolling blackouts in the coming been approved by the Rules Committee, entific and engineering decisions. months due to this order. would end this exemption for commer- As my friend Jack Heffling says: Mr. Speaker, it is because of this cial balloon operations to ensure that ‘‘One judge in Portland does not know reckless antiscience order that con- there is not another family in America how to manage this river system better stituents and stakeholders from a that is at risk of injury or death from than the experts and professional great variety of backgrounds and view- an impaired pilot. workforce who keep the lights on for points have joined with me and my col- Continued inaction is inexcusable the entire Pacific Northwest.’’ leagues from the Pacific Northwest and risks condemning more to death. Jack is president of the United Power over these past several months to Uniting in Caldwell County around Trades Organization, a labor union rep- stand against this decision and support the courthouse in morning prayer to resenting more than 600 men and a rational, science-based resolution. remember the victims, a bell rang 16 women who maintain and operate the I have been overwhelmed and invig- times for each person who was lost; equipment at hydroelectric projects orated by these supporters, whether it families, coming together in their hurt, throughout the Pacific Northwest. is the barge captains on our rivers, who Mr. Speaker, I stand with Jack today lovingly embraced by that community. move commodities like wheat for ex- and all of the men and women of the You cannot un-ring a bell, and we port; or small-business owners, who de- cannot bring the precious lives back power trades. I believe the experts, scientists and biologists, engineers, and pend on our affordable electricity that were lost in this crash. But from professional workers at Federal agen- throughout the Pacific Northwest; it is their loss, we can pass an amendment cies and on the ground working at our the union workers at our hydropower that will help ensure that no other dams should be deciding how to best dams and the irrigators, who provide family needlessly suffers. manage this system, not a judge sit- the incredibly vital resource of water Mr. Speaker, I urge adoption of the ting behind a bench. for our region; it is the local coopera- amendment in the course of the debate. Unfortunately, this judge thinks oth- tive managers and public utility dis- Mr. WOODALL. Mr. Speaker, I yield erwise and now has mandated an ongo- trict leaders across Washington State 10 minutes to the gentleman from ing forced spill order over eight of our and throughout the Northwest who Washington State (Mr. NEWHOUSE), a dams in the region. This order could have rallied to bring this legislation to member of the Rules Committee and a have devastating impacts on transpor- the floor of the U.S. House of Rep- subject matter expert on the Columbia tation and barging systems, on our resentatives today, and I could not be River bill before us. flood control capabilities, and irriga- more proud to stand with all of them in Mr. NEWHOUSE. Mr. Speaker, I tion systems; it could impair our agri- support of H.R. 3144. thank the gentleman, Mr. WOODALL, cultural economy, both by limiting Mr. Speaker, unfortunately, not my good friend from the Rules Com- modes of transportation for our com- every aspect of this matter has been as mittee, for yielding me such time. modities and by hobbling our irrigation inspiring. I have been disappointed to Mr. Speaker, I also welcome Mrs. resources. see radical and ideological groups use TORRES to her first management of a While there are no cost estimates of hyperbolic language to insinuate that rule on the floor. It is a pleasure to the effects this decision will have on my colleagues and I are actively advo- have her as part of the Rules Com- transportation and barging, flood con- cating for the extinction of our native mittee. trol, or irrigation, Federal agencies salmon species. Mr. Speaker, I rise in support of the have estimated that the forced spill Let me tell you, Mr. Speaker, noth- rule, including the underlying legisla- will cost ratepayers, utility ratepayers, ing could be further from the truth, tion, H.R. 3144, of which I am a proud $40 million per year in increased elec- and, frankly, I have been appalled that original cosponsor. trical rates starting in the very near some of my colleagues in this very H.R. 3144, Mr. Speaker, is a vital future. body have decided to use these same piece of legislation for my constituents The judge’s order could also harm the scare tactics to fearmonger other as well as for the greater Pacific very fish he is claiming to protect. The Members of this House. Northwest region. Bonneville Power Administration, or They claim we advocate for an illegal The legislation keeps in place a the BPA, notes that the risks of expos- groundbreaking, comprehensive plan or an unlawful plan that does not do ing fish to the maximum total dis- enough to help fish, yet they fail to which governs the operations and salm- solved gas levels have not been evalu- on protection management plan for the mention that it was President Obama’s ated, nor has it been recommended by administration who formally approved Federal Columbia River Power System. the National Marine Fisheries Service This plan was the product of pains- of this plan after years of work with or the U.S. Army Corps of Engineers. scientists, with experts, with affected taking negotiations conducted by the They warn that the potential for ad- States, and, like I said, with sovereign Bush and the Obama administrations, verse effects from exposure to these Northwest Indian Tribes. scientists, engineering experts at Fed- gases in the river is a concern recog- eral agencies, affected States, sov- nized by experts in the region and also Mr. Speaker, I take offense to these ereign Northwest Tribes, and local creates risk of adverse consequences fringe voices and proudly stand with stakeholders. In fact, every Tribe in for other aquatic species. the reasoned, serious contributors who the region was consulted in the devel- The judge’s decision to recklessly have been a part of these collaborative opment of the 2014 biological opinion, dictate a water management plan and unprecedented negotiations. and all but one supported it. could, in fact, harm or even kill these I challenge these detractors, let this H.R. 3144 ensures that Tribal con- ESA-listed salmon. plan actually come to fruition, let us sultations provided for under the BiOp This order also threatens the reli- actually have a plan that has the in- continue unaffected. ability of the Federal power and trans- tent of continuing our salmon restora- These experts collaborated to develop mission system. BPA has also warned tion efforts, rather than constantly this comprehensive plan to both proof blackouts, stating: bogging down our Federal action agen- tect Endangered Species Act-listed When the Lower Columbia and Lower cies and experts running the system in salmon and to provide certainty for our Snake generators are operating at minimum decades of litigation after litigation.

VerDate Sep 11 2014 01:10 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.035 H25APPT1 H3518 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Honor the work of these diverse engaged in massive fraud, waste, and from using taxpayer funds for private stakeholders who, in a good faith ef- abuse, largely by using taxpayer funds air travel, ensuring that government fort, worked to build a plan to both on luxury private air travel. officials are not using your hard-earned save our salmon and save our dams. Democrats have been calling repeat- taxpayer dollars to fund their lavish Mr. Speaker, I urge my colleagues, edly for investigations into Trump’s lifestyles. support the rule and support H.R. 3144. ‘‘Cabinet of Corruption.’’ Unfortu- If my colleagues care about pro- Join me to save our salmon and save nately, the Republican-controlled tecting our tax dollars and preventing our dams. House has largely protected these offi- these obvious abuses, they will vote Mrs. TORRES. Mr. Speaker, I yield cials at every turn. So I am going to ‘‘no’’ on the previous question and call myself such time as I may consume. highlight to you some of the more up H.R. 3876, the SWAMP FLYERS Act, Mr. Speaker, President Trump cam- egregious examples, and we have added for a vote. paigned on the promise of draining the up the numbers. Mr. WOODALL. Mr. Speaker, with swamp, but has instead allowed corrup- Representative TORRES gave very great optimism that we will return to tion to run rampant in the executive specific examples, but we are going to the bill at hand, I reserve the balance office. Several Cabinet officials are give you the big numbers so you under- of my time. being investigated for ethics violations stand how much corruption there is. Mrs. TORRES. Mr. Speaker, I yield and the misuse of Federal funds. It all started with former Health and 11⁄2 minutes to the gentlewoman from Housing and Urban Development Sec- Human Services Secretary Tom Price, Nevada (Ms. TITUS), the distinguished retary Carson spent over $31,000 on a who spent half a million dollars of tax- ranking member of the Transportation new dining room set for his office. Inte- payer funds on private and military jet and Infrastructure Subcommittee on rior Secretary Zinke spent $139,000 of travel for no good reason. He could Economic Development, Public Build- taxpayer money to remodel three sets have taken commercial. He chose not ings and Emergency Management. of office doors. to. Ms. TITUS. Mr. Speaker, after testi- One of the most outrageous practices Treasury Secretary Steve Mnuchin fying before the Rules Committee last by President Trump’s Cabinet is the looked at that and must have said night on my amendment to this bill, hundreds of thousands of dollars spent ‘‘what a great idea,’’ because he dou- H.R. 4, a worthy amendment that, by on luxury air travel. Just a couple of bled that spending. He spent nearly $1 the way, was not made in order and examples: Environmental Protection million of taxpayer funds on at least will not be debated or voted on by this Agency Administrator Pruitt spent seven military jets, for no good reason, body, I felt compelled to speak about over $14,000 on a private jet traveling because he could have flown commer- the broken process that dominates this just 300 miles within Oklahoma. cial, just like his predecessors. Congress. And then we have Interior Secretary The Speaker promised us an open and b 1315 Ryan Zinke, who took multiple trips inclusive process but, in reality, it has Interior Secretary Zinke cost the that added up to thousands of dollars never been more closed. Members play taxpayers $12,000 chartering a plane be- on expensive private jets, as well as very little role in legislating today. In- longing to an oil and gas exploration about $139,000 to renovate his office stead, the agenda is dictated and the firm. doors. process is controlled by a failed leader- President Trump recently said: Then we have former Veterans Af- ship cabal. ‘‘Sometimes it may not look like it, fairs Secretary David Shulkin, who Let me remind my colleagues on the but believe me, we are draining the spent $122,000 of taxpayer funds on a other side of the aisle that majorities swamp.’’ trip to Europe with his wife, largely to can switch and, when they do, previous Well, with a Cabinet like this, I have do sightseeing. mistreatment, unfairness, and dis- to agree with President Trump in part. But EPA Administrator Scott Pruitt, regard for the democratic process will It does not look like he is draining the he takes this to a whole new level. He be hard to forget. swamp, but that is because he is not. is so creative in his corruption. You In the meantime, we can reverse this For this reason, if we defeat the pre- will be very impressed to hear how in- destructive trend and better serve the vious question, I will offer an amend- genious he is. American people by rejecting the rule ment to the rule to bring up Represent- First of all, he spent over $40,000 on a before us, so I urge a ‘‘no’’ vote on the ative LIEU’s H.R. 3876, the SWAMP private phone booth of your hard- rule. FLYERS Act. This legislation will en- earned taxpayer funds. For most Amer- Mr. WOODALL. Mr. Speaker, I would sure that senior political appointees icans, we know there is a very simple advise my friend from California I do are not using Federal funds for official way to make private phone calls from not have any speakers remaining, and travel on private aircraft. your office; it is called closing the of- so I am prepared to close when she is. Unlike the restrictive rules we are fice door. But no, he didn’t do that. He I reserve the balance of my time. considering today, this bill would be spent your hard-earned money to have Mrs. TORRES. Mr. Speaker, I urge brought to the floor under an open rule this private phone booth for him to my colleagues to oppose the previous so that all Members have the oppor- make his phone calls. question and the rule, and I yield back tunity to amend the bill on the floor. Then he managed to find a way to the balance of my time. Mr. Speaker, I ask unanimous con- live here in Washington, D.C., cheaply, Mr. WOODALL. Mr. Speaker, I yield sent to insert the text of my amend- by getting a below-market rate condo myself such time as I may consume. ment in the RECORD, along with extra- deal, $50 a night; and then he struc- Mr. Speaker, I had a wonderful clos- neous material, immediately prior to tured the lease so that the landlord had ing statement but, against that back- the vote on the previous question. to keep the condo open for the entire drop of collegiality, I will say only The SPEAKER pro tempore (Mr. time for 6 months, but he only had to this. I did mention earlier that subject FLEISCHMANN). Is there objection to the pay for the days that he stayed there. matter experts were assigned to the request of the gentlewoman from Cali- No ordinary citizens could have gotten Transportation and Infrastructure fornia? that lease. Committee. My friend, Ms. TITUS, is on There was no objection. Then he spent over $200,000 of your that committee; I am on that com- Mrs. TORRES. Mr. Speaker, I yield hard-earned taxpayers’ money, on, mittee. 41⁄2 minutes to the gentleman from again, first class travel and chartered As a subject matter expert, my mom California (Mr. TED LIEU) to discuss flights. and dad come to me regularly to help this proposal. The Trump administration’s ‘‘Cabi- them with their airline reservations, Mr. TED LIEU of California. Mr. net of Corruption’’ is sticking Ameri- Delta Airlines, of course, being an At- Speaker, whether you are a Republican cans with a raw deal. Democrats be- lantan. But just recently, they were or a Democrat or an Independent, you lieve that hardworking Americans de- heading out to California; demanded don’t want corruption in your govern- serve a better deal, and my bill, the that I make those reservations going ment. Unfortunately, multiple mem- SWAMP FLYERS Act is very simple. It into Ontario instead of LAX because, bers of Donald Trump’s Cabinet have will prevent administration officials why in the world would anyone want to

VerDate Sep 11 2014 01:10 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.017 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3519 battle LAX when they could be in the fered a rule resolution. The House defeated Babin Graves (LA) Paulsen Torres district there in Ontario? the previous question and a member of the Bacon Graves (MO) Pearce Banks (IN) Griffith Perry They were treated wonderfully and opposition rose to a parliamentary inquiry, asking who was entitled to recognition. Barletta Guthrie Pittenger had a wonderful visit, so I recognize Barr Handel Poe (TX) Speaker Joseph G. Cannon (R–Illinois) said: Barton Harper Poliquin the gentlewoman’s passion for her air- ‘‘The previous question having been refused, port. Bergman Harris Posey the gentleman from New York, Mr. Fitz- Biggs Hartzler Ratcliffe Mr. Speaker, if you have an airport gerald, who had asked the gentleman to Bilirakis Hensarling Reed in your district, if you have aviation yield to him for an amendment, is entitled to Bishop (MI) Herrera Beutler Reichert travelers in your district, you want the the first recognition.’’ Bishop (UT) Hice, Jody B. Renacci Blackburn Higgins (LA) FAA to be reauthorized. This bill, this The Republican majority may say ‘‘the Rice (SC) Blum Hill Roby rule makes that possible. This bill gets vote on the previous question is simply a Bost Holding vote on whether to proceed to an immediate Roe (TN) that job done in an open, collaborative, Brady (TX) Hollingsworth Rogers (AL) vote on adopting the resolution . . . [and] Brat Hudson and bipartisan way. I urge my col- Rogers (KY) Brooks (AL) Huizenga has no substantive legislative or policy im- Rohrabacher leagues to support this rule, support Brooks (IN) Hultgren plications whatsoever.’’ But that is not what Rokita Buchanan Hunter the underlying bills. they have always said. Listen to the Repub- Rooney, Francis Buck Hurd The material previously referred to Ros-Lehtinen lican Leadership Manual on the Legislative Bucshon Issa Roskam by Mrs. TORRES is as follows: Process in the United States House of Rep- Budd Jenkins (KS) AN AMENDMENT TO H. RES. 839 OFFERED BY resentatives, (6th edition, page 135). Here’s Burgess Johnson (LA) Ross Rothfus MS. TORRES how the Republicans describe the previous Byrne Johnson (OH) Rouzer At the end of the resolution, add the fol- question vote in their own manual: ‘‘Al- Calvert Johnson, Sam Carter (GA) Jordan Royce (CA) lowing new sections: though it is generally not possible to amend Russell the rule because the majority Member con- Carter (TX) Joyce (OH) SEC. 5. Immediately upon adoption of this Chabot Katko Rutherford resolution the Speaker shall, pursuant to trolling the time will not yield for the pur- Cheney Kelly (MS) Sanford clause 2(b) of rule XVIII, declare the House pose of offering an amendment, the same re- Coffman Kelly (PA) Schweikert resolved into the Committee of the Whole sult may be achieved by voting down the pre- Cole King (IA) Scott, Austin House on the state of the Union for consider- vious question on the rule.... When the Collins (GA) King (NY) Sensenbrenner ation of the bill (H.R. 3876) to prohibit the motion for the previous question is defeated, Collins (NY) Kinzinger Sessions Shimkus use of Federal funds for the official travel of control of the time passes to the Member Comer Knight who led the opposition to ordering the pre- Comstock Kustoff (TN) Shuster any senior political appointee on private air- Conaway LaHood Simpson craft, and for other purposes. The first read- vious question. That Member, because he Cook LaMalfa Smith (MO) ing of the bill shall be dispensed with. All then controls the time, may offer an amend- Costello (PA) Lamborn Smith (NE) points of order against consideration of the ment to the rule, or yield for the purpose of Cramer Lance Smith (NJ) bill are waived. General debate shall be con- amendment.’’ Culberson Latta Smith (TX) fined to the bill and shall not exceed one In Deschler’s Procedure in the U.S. House Curbelo (FL) Lewis (MN) Smucker hour equally divided and controlled by the of Representatives, the subchapter titled Curtis LoBiondo Stefanik ‘‘Amending Special Rules’’ states: ‘‘a refusal Davidson Long Stewart chair and ranking minority member of the Davis, Rodney Loudermilk to order the previous question on such a rule Stivers Committee on Oversight and Government Denham Love Taylor Reform. After general debate the bill shall [a special rule reported from the Committee Dent Lucas Tenney be considered for amendment under the five- on Rules] opens the resolution to amend- DeSantis Luetkemeyer Thompson (PA) minute rule. All points of order against pro- ment and further debate.’’ (Chapter 21, sec- DesJarlais MacArthur Thornberry visions in the bill are waived. At the conclu- tion 21.2) Section 21.3 continues: ‘‘Upon re- Diaz-Balart Marchant Tipton sion of consideration of the bill for amend- jection of the motion for the previous ques- Donovan Marino Trott Duffy Marshall ment the Committee shall rise and report tion on a resolution reported from the Com- Turner Duncan (SC) Massie Upton the bill to the House with such amendments mittee on Rules, control shifts to the Mem- Duncan (TN) Mast Valadao as may have been adopted. The previous ber leading the opposition to the previous Dunn McCarthy Wagner question, who may offer a proper amendment Emmer McCaul question shall be considered as ordered on Walberg Estes (KS) McClintock the bill and amendments thereto to final or motion and who controls the time for de- Walden Faso McHenry passage without intervening motion except bate thereon.’’ Walker one motion to recommit with or without in- Clearly, the vote on the previous question Ferguson McKinley Fitzpatrick McMorris Walorski structions. If the Committee of the Whole on a rule does have substantive policy impli- Fleischmann Rodgers Walters, Mimi rises and reports that it has come to no reso- cations. It is one of the only available tools Flores McSally Weber (TX) lution on the bill, then on the next legisla- for those who oppose the Republican major- Fortenberry Meadows Webster (FL) tive day the House shall, immediately after ity’s agenda and allows those with alter- Foxx Meehan Wenstrup the third daily order of business under clause native views the opportunity to offer an al- Frelinghuysen Messer Westerman ternative plan. Gaetz Mitchell Williams 1 of rule XIV, resolve into the Committee of Wilson (SC) the Whole for further consideration of the Gallagher Moolenaar Mr. WOODALL. Mr. Speaker, I yield Garrett Mooney (WV) Wittman bill. back the balance of my time, and I Gianforte Mullin Womack SEC. 6. Clause 1(c) of rule XIX shall not move the previous question on the res- Gibbs Newhouse Woodall apply to the consideration of H.R. 3876. Gohmert Norman Yoder olution. Goodlatte Nunes Yoho THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The Gosar Olson Young (AK) IT REALLY MEANS question is on ordering the previous Granger Palazzo Young (IA) Graves (GA) Palmer Zeldin This vote, the vote on whether to order the question. previous question on a special rule, is not The question was taken; and the NAYS—190 merely a procedural vote. A vote against or- Speaker pro tempore announced that Adams Castro (TX) DeLauro dering the previous question is a vote the ayes appeared to have it. against the Republican majority agenda and Aguilar Chu, Judy DelBene Mrs. TORRES. Mr. Speaker, on that I Barraga´ n Cicilline Demings a vote to allow the Democratic minority to Bass Clark (MA) DeSaulnier offer an alternative plan. It is a vote about demand the yeas and nays. Beatty Clarke (NY) Deutch what the House should be debating. The yeas and nays were ordered. Bera Clay Dingell Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Beyer Cleaver Doggett House of Representatives (VI, 308–311), de- Bishop (GA) Clyburn Doyle, Michael ant to clause 9 of rule XX, the Chair Blumenauer Cohen F. scribes the vote on the previous question on will reduce to 5 minutes the minimum the rule as ‘‘a motion to direct or control the Blunt Rochester Connolly Ellison Bonamici Cooper Engel consideration of the subject before the House time for any electronic vote on the question of the adoption of the resolu- Boyle, Brendan Correa Eshoo being made by the Member in charge.’’ To F. Costa Espaillat defeat the previous question is to give the tion. Brady (PA) Courtney Esty (CT) opposition a chance to decide the subject be- The vote was taken by electronic de- Brown (MD) Crist Evans fore the House. Cannon cites the Speaker’s vice, and there were—yeas 225, nays Brownley (CA) Crowley Foster ruling of January 13, 1920, to the effect that 190, not voting 13, as follows: Bustos Cuellar Frankel (FL) ‘‘the refusal of the House to sustain the de- Butterfield Cummings Fudge [Roll No. 150] Carbajal Davis (CA) Gabbard mand for the previous question passes the Ca´ rdenas Davis, Danny Gallego control of the resolution to the opposition’’ YEAS—225 Carson (IN) DeFazio Garamendi in order to offer an amendment. On March Abraham Allen Amodei Cartwright DeGette Gomez 15, 1909, a member of the majority party of- Aderholt Amash Arrington Castor (FL) Delaney Gonzalez (TX)

VerDate Sep 11 2014 01:10 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.019 H25APPT1 H3520 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Gottheimer Lujan Grisham, Ruiz Denham King (IA) Rogers (KY) Lynch Perlmutter Shea-Porter Green, Al M. Ruppersberger Dent King (NY) Rohrabacher Maloney, Peters Sherman Green, Gene Luja´ n, Ben Ray Rush DeSantis Kinzinger Rokita Carolyn B. Peterson Sires Grijalva Lynch Ryan (OH) DesJarlais Knight Rooney, Francis Maloney, Sean Pingree Smith (WA) Gutie´rrez Maloney, Sa´ nchez Diaz-Balart Kustoff (TN) Ros-Lehtinen Matsui Pocan Soto Hanabusa Carolyn B. Sarbanes Donovan LaHood Roskam McCollum Polis Suozzi Hastings Maloney, Sean Schakowsky Duffy LaMalfa Ross McEachin Price (NC) Swalwell (CA) Heck Matsui Schiff Duncan (SC) Lamb Rothfus McGovern Quigley Takano Higgins (NY) McCollum Schneider Duncan (TN) Lamborn Rouzer McNerney Raskin Thompson (CA) Himes McEachin Schrader Dunn Lance Royce (CA) Meeks Rice (NY) Thompson (MS) Hoyer McGovern Scott (VA) Meng Richmond Titus Emmer Latta Russell Huffman McNerney Scott, David Moore Rosen Tonko Estes (KS) Lewis (MN) Rutherford Jackson Lee Meeks Serrano Faso LoBiondo Moulton Roybal-Allard Torres Sanford Jayapal Meng Sewell (AL) Ferguson Long Murphy (FL) Ruiz Tsongas Schweikert Jeffries Moore Shea-Porter Fitzpatrick Loudermilk Nadler Ruppersberger Vargas Scott, Austin Johnson (GA) Moulton Sherman Fleischmann Love Napolitano Rush Veasey Johnson, E. B. Murphy (FL) Sinema Flores Lucas Sensenbrenner Neal Ryan (OH) Vela Jones Nadler Sires Fortenberry Luetkemeyer Sessions Nolan Sa´ nchez Vela´ zquez Kaptur Napolitano Smith (WA) Foxx MacArthur Shimkus Norcross Sarbanes Visclosky Keating Neal Soto Frelinghuysen Marchant Shuster O’Halleran Schakowsky Wasserman Kelly (IL) Nolan Speier Gaetz Marino Simpson O’Rourke Schiff Schultz Kennedy Norcross Suozzi Gallagher Marshall Sinema Pallone Schneider Waters, Maxine Khanna O’Halleran Swalwell (CA) Garrett Massie Smith (MO) Panetta Schrader Watson Coleman Kihuen O’Rourke Takano Gianforte Mast Smith (NE) Pascrell Scott (VA) Welch Kildee Pallone Thompson (CA) Gibbs McCarthy Smith (NJ) Payne Scott, David Wilson (FL) Kilmer Panetta Thompson (MS) Gohmert McCaul Smith (TX) Pelosi Serrano Yarmuth Kind Pascrell Titus Goodlatte McClintock Smucker NOT VOTING—16 Krishnamoorthi Payne Tonko Gosar McHenry Stefanik Lamb Pelosi Torres Granger McKinley Stewart Black Jenkins (WV) Rooney, Thomas Langevin Perlmutter Tsongas Graves (GA) McMorris Stivers Capuano Kuster (NH) J. Larsen (WA) Peters Vargas Graves (LA) Rodgers Taylor Crawford Labrador Scalise Larson (CT) Peterson Veasey Graves (MO) McSally Tenney Gowdy Lewis (GA) Sewell (AL) Lawrence Pingree Vela Griffith Meadows Thompson (PA) Grothman Noem Speier ´ Lawson (FL) Pocan Velazquez Guthrie Meehan Thornberry Issa Walz Lee Polis Visclosky Handel Messer Tipton b 1400 Levin Price (NC) Wasserman Harper Mitchell Trott Lieu, Ted Quigley Schultz Harris Moolenaar Turner So the resolution was agreed to. Lipinski Raskin Waters, Maxine Hartzler Mooney (WV) Upton Loebsack Rice (NY) Watson Coleman Hensarling Mullin The result of the vote was announced Valadao Lofgren Richmond Welch Herrera Beutler Newhouse as above recorded. Wagner Lowenthal Rosen Wilson (FL) Hice, Jody B. Norman Walberg A motion to reconsider was laid on Lowey Roybal-Allard Yarmuth Higgins (LA) Nunes Walden the table. Hill Olson Walker NOT VOTING—13 Holding Palazzo PERSONAL EXPLANATION Walorski Black Jenkins (WV) Rooney, Thomas Hollingsworth Palmer Walters, Mimi Mr. SCALISE. Mr. Speaker, I was unavoid- Capuano Kuster (NH) J. Hudson Paulsen Weber (TX) ably detained. Had I been present, I would Crawford Labrador Scalise Huizenga Pearce Webster (FL) Gowdy Lewis (GA) Walz Hultgren Perry have voted ‘‘yea’’ on rollcall No. 150 and Grothman Noem Hunter Pittenger Wenstrup ‘‘yea’’ on rollcall No. 151. Hurd Poe (TX) Westerman Jenkins (KS) Poliquin Williams f b 1353 Johnson (LA) Posey Wilson (SC) SMITHSONIAN NATIONAL ZOOLOG- Mr. LAMB and Ms. BASS changed Johnson (OH) Ratcliffe Wittman Johnson, Sam Reed Womack ICAL PARK CENTRAL PARKING their vote from ‘‘yea’’ to ‘‘nay.’’ Jones Reichert Woodall FACILITY AUTHORIZATION ACT Mr. THOMPSON of Pennsylvania Yoder Jordan Renacci Mr. HARPER. Mr. Speaker, I ask changed his vote from ‘‘nay’’ to ‘‘yea.’’ Joyce (OH) Rice (SC) Yoho unanimous consent that the Com- So the previous question was ordered. Katko Roby Young (AK) Kelly (MS) Roe (TN) Young (IA) mittee on House Administration and The result of the vote was announced Kelly (PA) Rogers (AL) Zeldin the Committee on Transportation and as above recorded. Infrastructure be discharged from fur- The SPEAKER pro tempore. The NOES—184 ther consideration of the bill (H.R. question is on the resolution. Adams Crowley Hastings 4009) to authorize the Board of Regents The question was taken; and the Aguilar Cuellar Heck ´ of the Smithsonian Institution to plan, Speaker pro tempore announced that Barragan Cummings Higgins (NY) Bass Davis (CA) Himes design, and construct a central parking the ayes appeared to have it. Beatty Davis, Danny Hoyer facility on National Zoological Park RECORDED VOTE Bera DeFazio Huffman Beyer DeGette Jackson Lee property in the District of Columbia, Mrs. TORRES. Mr. Speaker, I de- Bishop (GA) Delaney Jayapal and ask for its immediate consider- mand a recorded vote. Blumenauer DeLauro Jeffries ation in the House. A recorded vote was ordered. Blunt Rochester DelBene Johnson (GA) Bonamici Demings Johnson, E. B. The Clerk read the title of the bill. The SPEAKER pro tempore. This is a Boyle, Brendan DeSaulnier Kaptur The SPEAKER pro tempore (Mr. 5-minute vote. F. Deutch Keating HOLLINGSWORTH). Is there objection to The vote was taken by electronic de- Brady (PA) Dingell Kelly (IL) the request of the gentleman from Mis- vice, and there were—ayes 228, noes 184, Brown (MD) Doggett Kennedy Brownley (CA) Doyle, Michael Khanna sissippi? not voting 16, as follows: Bustos F. Kihuen There was no objection. [Roll No. 151] Butterfield Ellison Kildee The text of the bill is as follows: Carbajal Engel Kilmer H.R. 4009 AYES—228 Ca´ rdenas Eshoo Kind Abraham Blackburn Cheney Carson (IN) Espaillat Krishnamoorthi Be it enacted by the Senate and House of Rep- Aderholt Blum Coffman Cartwright Esty (CT) Langevin resentatives of the United States of America in Allen Bost Cole Castor (FL) Evans Larsen (WA) Congress assembled, Amash Brady (TX) Collins (GA) Castro (TX) Foster Larson (CT) SECTION 1. SHORT TITLE. Amodei Brat Collins (NY) Chu, Judy Frankel (FL) Lawrence Arrington Brooks (AL) Comer Cicilline Fudge Lawson (FL) This Act may be cited as the ‘‘Smithsonian Babin Brooks (IN) Comstock Clark (MA) Gabbard Lee National Zoological Park Central Parking Bacon Buchanan Conaway Clarke (NY) Gallego Levin Facility Authorization Act’’. Banks (IN) Buck Cook Clay Garamendi Lieu, Ted SEC. 2. FACILITY FOR IMPROVED VISITOR EXPE- Barletta Bucshon Costa Cleaver Gomez Lipinski RIENCE AND ACCESS AT THE NA- Barr Budd Costello (PA) Clyburn Gonzalez (TX) Loebsack TIONAL ZOOLOGICAL PARK. Barton Burgess Cramer Cohen Gottheimer Lofgren (a) IN GENERAL.—In order to improve vis- Bergman Byrne Culberson Connolly Green, Al Lowenthal Biggs Calvert Curbelo (FL) Cooper Green, Gene Lowey itor experience and multi-modal access to Bilirakis Carter (GA) Curtis Correa Grijalva Lujan Grisham, the Smithsonian National Zoological Park, Bishop (MI) Carter (TX) Davidson Courtney Gutie´rrez M. the Board of Regents of the Smithsonian In- Bishop (UT) Chabot Davis, Rodney Crist Hanabusa Luja´ n, Ben Ray stitution is authorized to plan, design, and

VerDate Sep 11 2014 04:58 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.004 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3521 construct a central parking facility on Na- 2017 and ordered the bill reported favorably to mittee on Transportation and Infrastructure tional Zoological Park property in the Dis- the House, by voice vote, with no amend- be discharged from consideration of H.R. 4009 trict of Columbia. ments. In its December 21, 2017 cost esti- to expedite the bill. It is the understanding (b) CENTRAL PARKING FACILITY.—The facil- of the Committee on House Administration ity authorized under this section may in- mate, the Congressional Budget Office states that forgoing action on H.R. 4009 will not clude parking, transportation improvements, that enacting H.R. 4009 would not affect the prejudice the Committee on Transportation visitor amenities including restrooms, a pe- federal budget and would not affect direct and Infrastructure with respect to any fu- destrian bridge to a midpoint entry of the spending or revenues. Additionally, the Com- ture jurisdictional claim over the subject National Zoological Park, and ancillary mittee on House Administration exchanged ju- matters contained in the bill that fall under works to accommodate alternative uses of risdiction letters with the Committee on Trans- your Committee’s Rule X jurisdiction. the facility. portation and Infrastructure. Sincerely, (c) FUNDING.—Construction of the facility I urge my colleagues to support H.R. 4009. GREGG HARPER, described in this section shall be conducted Chairman. with funds from nonappropriated sources. U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, HOUSE OF REPRESENTATIVES, COM- Mr. HARPER. Mr. Speaker, I rise today in Washington, DC, December 21, 2017. MITTEE ON TRANSPORTATION AND support of H.R. 4009, which authorizes the Hon. GREGG HARPER, INFRASTRUCTURE, Board of Regents of the Smithsonian Institu- Chairman, Committee on House Administration, Washington, DC, April 24, 2018. House of Representatives, Washington, DC. tion to plan, design, and construct a central Hon. GREGG HARPER, DEAR MR. CHAIRMAN: The Congressional parking facility on National Zoological Park Chairman, Committee on House Administration, Budget Office has prepared the enclosed cost property in the District of Columbia using non- Washington, DC. estimate for H.R. 4009, the Smithsonian Na- appropriated funds. DEAR CHAIRMAN HARPER: Thank you for tional Zoological Park Central Parking Fa- your letter concerning H.R. 4009, the Smith- Established by Congress in 1889, the Na- cility Authorization Act. sonian National Zoological Park Central tional Zoo was incorporated as a unit of the If you wish further details on this esti- Parking Facility Authorization Act. As Smithsonian Institution in 1890. Today, the mate, we will be pleased to provide them. noted, the Committee on Transportation and The CBO staff contact is Meredith Decker. National Zoo consists of two components: the Infrastructure received an additional refer- Sincerely, 3,200-acre Conservation Biology Institute in ral on this legislation. KEITH HALL, Front Royal, Virginia and the public National In order to expedite floor consideration of Director. Zoological Park (Zoo) located at the 163-acre H.R. 4009, the Committee on Transportation Enclosure. Rock Creek campus in Washington, D.C. Ad- and Infrastructure agrees to forgo action on mission is free of charge and with more than H.R. 4009—SMITHSONIAN NATIONAL ZOOLOG- this bill. However, as you noted, this is con- two million people visiting the Rock Creek fa- ICAL PARK CENTRAL PARKING FACILITY AU- ditional on our mutual understanding that THORIZATION ACT cility in 2017, the Zoo remains a favorite tour- forgoing consideration of the bill would not As ordered reported by the House Committee prejudice the Committee with respect to the ist and local destination in the nation’s Capital. on House Administration on December 13, appointment of conferees or to any future ju- While public transit is an option for some 2017 risdictional claim over the subject matters visitors, many others rely on private vehicles H.R. 4009 would authorize the Smithsonian contained in the bill or similar legislation to reach the Zoo. Currently, parking at the Zoo Institution to plan, design, and construct a that fall within the Committee’s Rule X ju- includes several paved surface lots spread central parking facility on the National Zoo- risdiction. Should a conference on the bill be across the campus, which often fill up early in logical Park’s property in the District of Co- necessary, I appreciate your agreement to the day during peak season. To better serve lumbia. Construction would be financed with support my request to have the Committee these visitors, the proposed new parking facil- nonappropriated funds. represented on the conference committee. ity consolidates public parking into a multi- CBO estimates that implementing H.R. Thank you for your cooperation on this matter and for agreeing to place a copy of level parking garage located at the midpoint of 4009 would not affect the federal budget. Be- cause enacting the legislation would not af- this letter and your response acknowledging the Zoo. fect direct spending or revenues, pay-as-you- our jurisdictional interest into the Congres- Included in the Zoo’s 2008 Comprehensive go procedures do not apply. sional Record during consideration of the Facilities Master Plan, the parking facility will CBO estimates that enacting H.R. 4009 measure on the House floor. provide a number of benefits that both further would not increase net direct spending or on- Sincerely, the Zoo’s mission and improve the visitor ex- budget deficits in any of the four consecutive BILL SHUSTER, perience. These benefits include expanding 10-year periods beginning in 2028. Chairman. animal habitat space through repurposing ex- H.R. 4009 contains no intergovernmental or The bill was ordered to be engrossed isting surface lots; improving visitor access private-sector mandates as defined in the and read a third time, was read the Unfunded Mandates Reform Act. third time, and passed, and a motion to with a centralized and accessible arrival point; The CBO staff contact for this estimate is increasing security through consolidation of Meredith Decker. The estimate was approved reconsider was laid on the table. access points; improved pedestrian safety; by H. Samuel Papenfuss, Deputy Assistant f and expanding the number of on-site visitor Director for Budget Analysis. parking spaces which reduces the number of GENERAL LEAVE days the Zoo must turn away visitors due to HOUSE OF REPRESENTATIVES, COMMITTEE ON HOUSE ADMINISTRATION, Mr. HARPER. Mr. Speaker, I ask lack of parking. The additional parking spaces unanimous consent that all Members will help accommodate a projected increase in Washington, DC, April 24, 2018. Hon. BILL SHUSTER, may have 5 legislative days in which to the number of visitors to the Zoo. Chairman, Committee on Transportation and revise and extend their remarks and in- No appropriated funds will be expended for Infrastructure, Washington, DC. sert extraneous material on H.R. 4009. the project. The Smithsonian intends to enter DEAR CHAIRMAN SHUSTER: I am writing in The SPEAKER pro tempore. Is there into a public-private-partnership for the con- regard to H.R. 4009, Smithsonian National objection to the request of the gen- struction and operation of the parking facility. Zoological Park Central Parking Facility tleman from Mississippi? Authorization Act. As you know, the bill was The developer would be responsible for de- There was no objection. sign, construction, maintenance, and oper- introduced on October 11, 2017, and referred ations for a fixed term of 35 years after which to the Committee on House Administration, f with an additional referral to the Committee ownership is retained by the Zoo. Financing is on Transportation and Infrastructure. The the sole responsibility of the developer, with ANNOUNCEMENT BY THE SPEAKER bill authorizes the Board of Regents of the PRO TEMPORE construction cost estimated at $70–75 million Smithsonian Institution to plan, design, and and annual operating costs at $1.5 million. As construct a central parking facility on Na- The SPEAKER pro tempore. Pursu- part of the agreement, the Zoo receives an ini- tional Zoological Park property in the Dis- ant to clause 8 of rule XX, the Chair tial annual payment of $7 million and a recur- trict of Columbia using non-appropriated will postpone further proceedings ring annual payment based on revenues with funds. On December 13, 2017 the Committee today on the motion to suspend the a guaranteed minimum of $1 million. Design, on House Administration reported H.R. 4009 rules on which a recorded vote or the favorably out of Committee by voice vote yeas and nays are ordered, or if the construction, operations and maintenance will without amendment. be conducted in accordance with the contract The Committee on House Administration vote is objected to under clause 6 of and plans approved by the Smithsonian. recognizes that the Committee on Transpor- rule XX. The Committee on House Administration tation and Infrastructure has an additional Any record vote on the postponed held a markup on this bill on December 13, referral of H.R. 4009. We ask that the Com- question will be taken at a later time.

VerDate Sep 11 2014 04:58 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.007 H25APPT1 H3522 CONGRESSIONAL RECORD — HOUSE April 25, 2018 MUSIC MODERNIZATION ACT of the copyright owner of the work, includ- ‘‘(3) RECORD COMPANY INDIVIDUAL DOWNLOAD ing by means of digital phonorecord deliv- LICENSES.—Notwithstanding paragraph Mr. GOODLATTE. Mr. Speaker, I ery; or (2)(B), a record company may, on or after the move to suspend the rules and pass the ‘‘(ii) in the case of a digital music provider license availability date, obtain an indi- bill (H.R. 5447) to modernize copyright seeking to make and distribute digital pho- vidual download license in accordance with law, and for other purposes, as amend- norecord deliveries of a sound recording em- the notice requirements described in para- ed. bodying a musical work under a compulsory graph (2)(A) (except for the requirement that The Clerk read the title of the bill. license for which clause (i) does not apply— notice occur prior to the license availability The text of the bill is as follows: ‘‘(I) the first fixation of such sound record- date). A record company that obtains an in- ing was made under the authority of the mu- dividual download license as permitted under H.R. 5447 sical work copyright owner, and sound re- this paragraph shall provide statements of Be it enacted by the Senate and House of Rep- cording copyright owner has the authority of account and pay royalties as provided in sub- resentatives of the United States of America in the musical work copyright owner to make section (c)(2)(I). Congress assembled, and distribute digital phonorecord deliveries ‘‘(4) FAILURE TO OBTAIN LICENSE.— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. embodying such work to the public in the ‘‘(A) PHONORECORDS OTHER THAN DIGITAL (a) SHORT TITLE.—This Act may be cited as United States; and PHONORECORD DELIVERIES.—In the case of the ‘‘Music Modernization Act’’. ‘‘(II) the sound recording copyright owner phonorecords made and distributed other (b) TABLE OF CONTENTS.—The table of con- or its authorized distributor has authorized than by means of digital phonorecord deliv- tents for this Act is as follows: the digital music provider to make and dis- ery, the failure to serve or file the notice of intention required by paragraph (1) fore- Sec. 1. Short title; table of contents. tribute digital phonorecord deliveries of the closes the possibility of a compulsory license Sec. 2. Rescission Of Unobligated Balances sound recording to the public in the United under paragraph (1). In the absence of a vol- In The Department Of Justice States. untary license, the failure to obtain a com- Assets Forfeiture Fund. ‘‘(B) DUPLICATION OF SOUND RECORDING.—A person may not obtain a compulsory license pulsory license renders the making and dis- TITLE I—MUSIC LICENSING for the use of the work in the making of tribution of phonorecords actionable as acts MODERNIZATION phonorecords duplicating a sound recording of infringement under section 501 and subject Sec. 101. Short title. fixed by another, including by means of dig- to the remedies provided by sections 502 Sec. 102. Blanket license for digital uses and ital phonorecord delivery, unless— through 506. mechanical licensing collective. ‘‘(i) such sound recording was fixed law- ‘‘(B) DIGITAL PHONORECORD DELIVERIES.— Sec. 103. Amendments to section 114. fully; and ‘‘(i) In the case of phonorecords made and Sec. 104. Random assignment of rate court ‘‘(ii) the making of the phonorecords was distributed by means of digital phonorecord proceedings. authorized by the owner of the copyright in delivery: TITLE II—COMPENSATING LEGACY ART- the sound recording or, if the sound record- ‘‘(I) The failure to serve the notice of in- ISTS FOR THEIR SONGS, SERVICE, AND ing was fixed before February 15, 1972, by any tention required by paragraph (2)(A) or para- IMPORTANT CONTRIBUTIONS TO SOCI- person who fixed the sound recording pursu- graph (3), as applicable, forecloses the possibility of a compulsory license under such ETY ant to an express license from the owner of paragraph. the copyright in the musical work or pursu- Sec. 201. Short title. ‘‘(II) The failure to comply with paragraph ant to a valid compulsory license for use of Sec. 202. Unauthorized digital performance (2)(B) forecloses the possibility of a blanket such work in a sound recording.’’; and of pre-1972 sound recordings. license for a period of 3 years after the last (C) in paragraph (2), by striking ‘‘A com- Sec. 203. Effective date. calendar day on which the notice of license pulsory license’’ and inserting ‘‘MUSICAL AR- TITLE III—ALLOCATION FOR MUSIC was required to be submitted to the mechan- RANGEMENT.—A compulsory license’’; PRODUCERS ical licensing collective under such para- (2) by striking subsection (b) and inserting graph. Sec. 301. Short title. the following: Sec. 302. Payment of statutory performance ‘‘(ii) In either case described in clause (i), royalties. ‘‘(b) PROCEDURES TO OBTAIN A COMPULSORY in the absence of a voluntary license, the Sec. 303. Effective date. LICENSE.— failure to obtain a compulsory license ren- ‘‘(1) PHONORECORDS OTHER THAN DIGITAL SEC. 2. RESCISSION OF UNOBLIGATED BALANCES ders the making and distribution of PHONORECORD DELIVERIES.—A person who IN THE DEPARTMENT OF JUSTICE phonorecords by means of digital phono- ASSETS FORFEITURE FUND. seeks to obtain a compulsory license under record delivery actionable as acts of in- Of the unobligated balances available subsection (a) to make and distribute fringement under section 501 and subject to under the Department of Justice Assets For- phonorecords of a musical work other than the remedies provided by sections 502 feiture Fund, $47,000,000 is hereby perma- by means of digital phonorecord delivery through 506.’’; nently rescinded. shall, before or within 30 calendar days after (3) by amending subsection (c) to read as making, and before distributing, any phono- follows: TITLE I—MUSIC LICENSING record of the work, serve notice of intention ‘‘(c) GENERAL CONDITIONS APPLICABLE TO MODERNIZATION to do so on the copyright owner. If the reg- COMPULSORY LICENSE.— SEC. 101. SHORT TITLE. istration or other public records of the Copy- ‘‘(1) ROYALTY PAYABLE UNDER COMPULSORY This title may be cited as the ‘‘Musical right Office do not identify the copyright LICENSE.— Works Modernization Act’’. owner and include an address at which notice ‘‘(A) IDENTIFICATION REQUIREMENT.—To be SEC. 102. BLANKET LICENSE FOR DIGITAL USES can be served, it shall be sufficient to file the entitled to receive royalties under a compul- AND MECHANICAL LICENSING COL- notice of intention with the Copyright Of- sory license obtained under subsection (b)(1) LECTIVE. fice. The notice shall comply, in form, con- the copyright owner must be identified in (a) AMENDMENT.—Section 115 of title 17, tent, and manner of service, with require- the registration or other public records of United States Code, is amended— ments that the Register of Copyrights shall the Copyright Office. The owner is entitled (1) in subsection (a)— prescribe by regulation. to royalties for phonorecords made and dis- (A) by inserting ‘‘IN GENERAL’’ after ‘‘(2) DIGITAL PHONORECORD DELIVERIES.—A tributed after being so identified, but is not ‘‘AVAILABILITY AND SCOPE OF COMPULSORY LI- person who seeks to obtain a compulsory li- entitled to recover for any phonorecords pre- CENSE’’; cense under subsection (a) to make and dis- viously made and distributed. (B) by striking paragraph (1) and inserting tribute phonorecords of a musical work by ‘‘(B) ROYALTY FOR PHONORECORDS OTHER the following new paragraph: means of digital phonorecord delivery— THAN DIGITAL PHONORECORD DELIVERIES.—Ex- ‘‘(1) ELIGIBILITY FOR COMPULSORY LI- ‘‘(A) prior to the license availability date, cept as provided by subparagraph (A), for CENSE.— shall, before or within 30 calendar days after every phonorecord made and distributed ‘‘(A) CONDITIONS FOR COMPULSORY LI- first making any such digital phonorecord under a compulsory license under subsection CENSE.—A person may by complying with the delivery, serve a notice of intention to do so (a) other than by means of digital phono- provisions of this section obtain a compul- on the copyright owner (but may not file the record delivery, with respect to each work sory license to make and distribute notice with the Copyright Office, even if the embodied in the phonorecord, the royalty phonorecords of a nondramatic musical public records of the Office do not identify shall be the royalty prescribed under sub- work, including by means of digital phono- the owner or the owner’s address), and such paragraphs (D) through (F) and paragraph record delivery. A person may obtain a com- notice shall comply, in form, content, and (2)(A) and chapter 8 of this title. For pur- pulsory license only if the primary purpose manner of service, with requirements that poses of this subparagraph, a phonorecord is in making phonorecords of the musical work the Register of Copyrights shall prescribe by considered ‘distributed’ if the person exer- is to distribute them to the public for pri- regulation; or cising the compulsory license has volun- vate use, including by means of digital pho- ‘‘(B) on or after the license availability tarily and permanently parted with its pos- norecord delivery, and— date, shall, before making any such digital session. ‘‘(i) phonorecords of such musical work phonorecord delivery, follow the procedure ‘‘(C) ROYALTY FOR DIGITAL PHONORECORD have previously been distributed to the pub- described in subsection (d)(2), except as pro- DELIVERIES.—For every digital phonorecord lic in the United States under the authority vided in paragraph (3). delivery of a musical work made under a

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.026 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3523 compulsory license under this section, the (E) and (F) of paragraph (1) shall be given ef- cording does not license the distribution of a royalty payable shall be the royalty pre- fect as to digital phonorecord deliveries in phonorecord of the nondramatic musical scribed under subparagraphs (D) through (F) lieu of any contrary royalty rates specified work. and paragraph (2)(A) and chapter 8 of this in a contract pursuant to which a recording ‘‘(E) RECORDING DEVICES AND MEDIA.—Noth- title. artist who is the author of a nondramatic ing in section 1008 shall be construed to pre- ‘‘(D) AUTHORITY TO NEGOTIATE.—Notwith- musical work grants a license under that vent the exercise of the rights and remedies standing any provision of the antitrust laws, person’s exclusive rights in the musical work allowed by this paragraph, subparagraph (J), any copyright owners of nondramatic musi- under paragraphs (1) and (3) of section 106 or and chapter 5 in the event of a digital phono- cal works and any persons entitled to obtain commits another person to grant a license in record delivery, except that no action alleg- a compulsory license under subsection (a) that musical work under paragraphs (1) and ing infringement of copyright may be may negotiate and agree upon the terms and (3) of section 106, to a person desiring to fix brought under this title against a manufac- rates of royalty payments under this section in a tangible medium of expression a sound turer, importer or distributor of a digital and the proportionate division of fees paid recording embodying the musical work. audio recording device, a digital audio re- among copyright owners, and may designate ‘‘(ii) The second sentence of clause (i) shall cording medium, an analog recording device, common agents on a nonexclusive basis to not apply to— or an analog recording medium, or against a negotiate, agree to, pay or receive such roy- ‘‘(I) a contract entered into on or before consumer, based on the actions described in alty payments. Such authority to negotiate June 22, 1995, and not modified thereafter for such section. the terms and rates of royalty payments in- the purpose of reducing the royalty rates de- ‘‘(F) PRESERVATION OF RIGHTS.—Nothing in cludes, but is not limited to, the authority termined pursuant to subparagraphs (E) and this section annuls or limits (i) the exclusive to negotiate the year during which the roy- (F) of paragraph (1) or of increasing the num- right to publicly perform a sound recording alty rates prescribed under this subpara- ber of musical works within the scope of the or the musical work embodied therein, in- graph and subparagraphs (E) and (F) and contract covered by the reduced rates, ex- cluding by means of a digital transmission, paragraph (2)(A) and chapter 8 of this title cept if a contract entered into on or before under sections 106(4) and 106(6), (ii) except for shall next be determined. June 22, 1995, is modified thereafter for the compulsory licensing under the conditions ‘‘(E) DETERMINATION OF REASONABLE RATES purpose of increasing the number of musical specified by this section, the exclusive rights AND TERMS.—Proceedings under chapter 8 works within the scope of the contract, any to reproduce and distribute the sound record- shall determine reasonable rates and terms contrary royalty rates specified in the con- ing and the musical work embodied therein of royalty payments for the activities speci- tract shall be given effect in lieu of royalty under sections 106(1) and 106(3), including by fied by this section during the period begin- rates determined pursuant to subparagraphs means of a digital phonorecord delivery, or ning with the effective date of such rates and (E) and (F) of paragraph (1) for the number of (iii) any other rights under any other provi- terms, but not earlier than January 1 of the musical works within the scope of the con- sion of section 106, or remedies available second year following the year in which the tract as of June 22, 1995; and under this title, as such rights or remedies petition requesting the proceeding is filed, ‘‘(II) a contract entered into after the date exist either before or after the date of enact- and ending on the effective date of successor that the sound recording is fixed in a tan- ment of the Digital Performance Right in rates and terms, or such other period as the gible medium of expression substantially in Sound Recordings Act of 1995. parties may agree. Any copyright owners of a form intended for commercial release, if at ‘‘(G) EXEMPT TRANSMISSIONS AND RETRANS- nondramatic musical works and any persons the time the contract is entered into, the re- MISSIONS.—The provisions of this section entitled to obtain a compulsory license cording artist retains the right to grant li- concerning digital phonorecord deliveries under subsection (a) may submit to the censes as to the musical work under para- shall not apply to any exempt transmissions Copyright Royalty Judges licenses covering graphs (1) and (3) of section 106. or retransmissions under section 114(d)(1). such activities. The parties to each pro- ‘‘(B) SOUND RECORDING INFORMATION.—Ex- The exemptions created in section 114(d)(1) ceeding shall bear their own costs. cept as provided in section 1002(e) of this do not expand or reduce the rights of copy- ‘‘(F) SCHEDULE OF REASONABLE RATES.—The title, a digital phonorecord delivery licensed right owners under section 106(1) through (5) schedule of reasonable rates and terms deter- under this paragraph shall be accompanied with respect to such transmissions and re- mined by the Copyright Royalty Judges by the information encoded in the sound retransmissions. shall, subject to paragraph (2)(A), be binding cording, if any, by or under the authority of ‘‘(H) DISTRIBUTION BY RENTAL, LEASE, OR on all copyright owners of nondramatic mu- the copyright owner of that sound recording, LENDING.—A compulsory license obtained sical works and persons entitled to obtain a that identifies the title of the sound record- under subsection (b)(1) to make and dis- compulsory license under subsection (a) during, the featured recording artist who per- tribute phonorecords includes the right of ing the period specified in subparagraph (E), forms on the sound recording, and related in- the maker of such a phonorecord to dis- such other period as may be determined pur- formation, including information concerning tribute or authorize distribution of such pho- suant to subparagraphs (D) and (E), or such the underlying musical work and its writer. norecord, other than by means of a digital other period as the parties may agree. The ‘‘(C) INFRINGEMENT REMEDIES.— phonorecord delivery, by rental, lease, or Copyright Royalty Judges shall establish ‘‘(i) A digital phonorecord delivery of a lending (or by acts or practices in the nature rates and terms that most clearly represent sound recording is actionable as an act of in- of rental, lease, or lending). With respect to the rates and terms that would have been ne- fringement under section 501, and is fully each nondramatic musical work embodied in gotiated in the marketplace between a will- subject to the remedies provided by sections the phonorecord, the royalty shall be a pro- ing buyer and a willing seller. In deter- 502 through 506, unless— portion of the revenue received by the com- mining such rates and terms for digital pho- ‘‘(I) the digital phonorecord delivery has pulsory licensee from every such act of dis- norecord deliveries, the Copyright Royalty been authorized by the sound recording copy- tribution of the phonorecord under this Judges shall base their decision on eco- right owner; and clause equal to the proportion of the revenue nomic, competitive, and programming infor- ‘‘(II) the entity making the digital phono- received by the compulsory licensee from mation presented by the parties, including— record delivery has obtained a compulsory li- distribution of the phonorecord under sub- ‘‘(i) whether use of the compulsory licens- cense under subsection (a) or has otherwise section (a)(1)(A)(ii)(II) that is payable by a ee’s service may substitute for or may pro- been authorized by the musical work copy- compulsory licensee under that clause and mote the sales of phonorecords or otherwise right owner, or by a record company pursu- under chapter 8. The Register of Copyrights may interfere with or may enhance the mu- ant to an individual download license, to shall issue regulations to carry out the pur- sical work copyright owner’s other streams make and distribute phonorecords of each pose of this clause. of revenue from its musical works; and musical work embodied in the sound record- ‘‘(I) PAYMENT OF ROYALTIES AND STATE- ‘‘(ii) the relative roles of the copyright ing by means of digital phonorecord deliv- MENTS OF ACCOUNT.—Except as provided in owner and the compulsory licensee in the ery. paragraphs (4)(A)(i) and (10)(B) of subsection copyrighted work and the service made ‘‘(ii) Any cause of action under this sub- (d), royalty payments shall be made on or be- available to the public with respect to the paragraph shall be in addition to those avail- fore the twentieth day of each month and relative creative contribution, technological able to the owner of the copyright in the shall include all royalties for the month next contribution, capital investment, cost, and nondramatic musical work under subpara- preceding. Each monthly payment shall be risk. graph (J) and section 106(4) and the owner of made under oath and shall comply with re- ‘‘(2) ADDITIONAL TERMS AND CONDITIONS.— the copyright in the sound recording under quirements that the Register of Copyrights ‘‘(A) VOLUNTARY LICENSES AND CONTRAC- section 106(6). shall prescribe by regulation. The Register TUAL ROYALTY RATES.— ‘‘(D) LIABILITY OF SOUND RECORDING OWN- shall also prescribe regulations under which ‘‘(i) License agreements voluntarily nego- ERS.—The liability of the copyright owner of detailed cumulative annual statements of tiated at any time between one or more a sound recording for infringement of the account, certified by a certified public ac- copyright owners of nondramatic musical copyright in a nondramatic musical work countant, shall be filed for every compulsory works and one or more persons entitled to embodied in the sound recording shall be de- license under subsection (a). The regulations obtain a compulsory license under sub- termined in accordance with applicable law, covering both the monthly and the annual section (a) shall be given effect in lieu of any except that the owner of a copyright in a statements of account shall prescribe the determination by the Copyright Royalty sound recording shall not be liable for a dig- form, content, and manner of certification Judges. Subject to clause (ii), the royalty ital phonorecord delivery by a third party if with respect to the number of records made rates determined pursuant to subparagraphs the owner of the copyright in the sound re- and the number of records distributed.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3524 CONGRESSIONAL RECORD — HOUSE April 25, 2018

‘‘(J) NOTICE OF DEFAULT AND TERMINATION not be subject to an action for infringement ministrative and technological capabilities OF COMPULSORY LICENSE.—In the case of a li- of the exclusive rights provided by para- to perform the required functions of the me- cense obtained under subsection (b)(1), graphs (1) and (3) of section 106 under this chanical licensing collective under this sub- (b)(2)(A), or (b)(3), if the copyright owner title arising from use of a musical work (or section; and does not receive the monthly payment and share thereof) to engage in covered activities ‘‘(iv) has been designated by the Register the monthly and annual statements of ac- authorized by such license, subject to para- of Copyrights in accordance with subpara- count when due, the owner may give written graph (4)(E). graph (B). notice to the licensee that, unless the de- ‘‘(E) OTHER REQUIREMENTS AND CONDITIONS ‘‘(B) DESIGNATION OF MECHANICAL LICENSING fault is remedied within thirty days from the APPLY.—Except as expressly provided in this COLLECTIVE.— date of the notice, the compulsory license subsection, each requirement, limitation, ‘‘(i) INITIAL DESIGNATION.—The Register of will be automatically terminated. Such ter- condition, privilege, right, and remedy oth- Copyrights shall initially designate the me- mination renders either the making or the erwise applicable to compulsory licenses chanical licensing collective within 9 months distribution, or both, of all phonorecords for under this section shall apply to compulsory which the royalty has not been paid, action- blanket licenses under this subsection. after the enactment date as follows: able as acts of infringement under section ‘‘(2) AVAILABILITY OF BLANKET LICENSE.— ‘‘(I) Within 90 calendar days after the en- 501 and fully subject to the remedies pro- ‘‘(A) PROCEDURE FOR OBTAINING LICENSE.—A actment date, the Register shall publish no- vided by sections 502 through 506. In the case digital music provider may obtain a blanket tice in the Federal Register soliciting infor- of a license obtained under subsection license by submitting a notice of license to mation to assist in identifying the appro- (b)(2)(B), license authority under the com- the mechanical licensing collective that priate entity to serve as the mechanical li- pulsory license may be terminated as pro- specifies the particular covered activities in censing collective, including the name and vided in subsection (d)(4)(E).’’; which the digital music provider seeks to en- affiliation of each member of the board of di- (4) by amending subsection (d) to read as gage, as follows: rectors described under subparagraph (D)(i) follows: ‘‘(i) The notice of license shall comply in and each committee established pursuant to ‘‘(d) BLANKET LICENSE FOR DIGITAL USES, form and substance with requirements that clauses (iii), (iv), and (v) of subparagraph (D). MECHANICAL LICENSING COLLECTIVE, AND DIG- the Register of Copyrights shall establish by ‘‘(II) After reviewing the information re- ITAL LICENSEE COORDINATOR.— regulation. quested under subclause (I) and making a ‘‘(1) BLANKET LICENSE FOR DIGITAL USES.— ‘‘(ii) Unless rejected in writing by the me- designation, the Register shall publish no- ‘‘(A) IN GENERAL.—A digital music provider chanical licensing collective within 30 cal- tice in the Federal Register setting forth the that qualifies for a compulsory license under endar days after receipt, the blanket license identity of and contact information for the subsection (a) may, by complying with the shall be effective as of the date the notice of mechanical licensing collective. terms and conditions of this subsection, ob- license was sent by the digital music pro- ‘‘(ii) PERIODIC REVIEW OF DESIGNATION.— tain a blanket license from copyright owners vider as shown by a physical or electronic Following the initial designation of the me- through the mechanical licensing collective record. chanical licensing collective, the Register to make and distribute digital phonorecord ‘‘(iii) A notice of license may only be re- shall, every 5 years, beginning with the fifth deliveries of musical works through one or jected by the mechanical licensing collective full calendar year to commence after the ini- more covered activities. if— tial designation, publish notice in the Fed- ‘‘(B) INCLUDED ACTIVITIES.—A blanket li- ‘‘(I) the digital music provider or notice of eral Register in the month of January solic- cense— license does not meet the requirements of iting information concerning whether the ex- ‘‘(i) covers all musical works (or shares of this section or applicable regulations, in isting designation should be continued, or a such works) available for compulsory licens- which case the requirements at issue shall be ing under this section for purposes of engag- specified with reasonable particularity in different entity meeting the criteria de- ing in covered activities, except as provided the notice of rejection; or scribed in clauses (i) through (iii) of subpara- in subparagraph (C); ‘‘(II) the digital music provider has had a graph (A) shall be designated. Following pub- ‘‘(ii) includes the making and distribution blanket license terminated by the mechan- lication of such notice: of server, intermediate, archival, and inci- ical licensing collective within the past 3 ‘‘(I) The Register shall, after reviewing the dental reproductions of musical works that years pursuant to paragraph (4)(E). information submitted and conducting addi- are reasonable and necessary for the digital ‘‘(iv) If a notice of license is rejected under tional proceedings as appropriate, publish music provider to engage in covered activi- clause (iii)(I), the digital music provider notice in the Federal Register of a con- ties licensed under this subsection, solely for shall have 30 calendar days after receipt of tinuing designation or new designation of the purpose of engaging in such covered ac- the notice of rejection to cure any deficiency the mechanical licensing collective, as the tivities; and and submit an amended notice of license to case may be, with any new designation to be ‘‘(iii) does not cover or include any rights the mechanical licensing collective. If the effective as of the first day of a month that or uses other than those described in clauses deficiency has been cured, the mechanical li- is no less than 6 months and no longer than (i) and (ii). censing collective shall so confirm in writ- 9 months after the date of publication of ‘‘(C) OTHER LICENSES.—A voluntary license ing, and the license shall be effective as of such notice, as specified by the Register. for covered activities entered into by or the date that the original notice of license ‘‘(II) If a new entity is designated as a me- under the authority of one or more copyright was provided by the digital music provider. chanical licensing collective, the Register owners and one or more digital music pro- ‘‘(v) A digital music provider that believes shall adopt regulations to govern the trans- viders, or authority to make and distribute a notice of license was improperly rejected fer of licenses, funds, records, data, and ad- permanent downloads of a musical work ob- by the mechanical licensing collective may ministrative responsibilities from the exist- tained by a digital music provider from a seek review of such rejection in Federal dis- ing mechanical licensing collective to the sound recording copyright owner pursuant to trict court. The district court shall deter- new entity. an individual download license, shall be mine the matter de novo based on the record ‘‘(iii) CLOSEST ALTERNATIVE DESIGNATION.— given effect in lieu of a blanket license under before the mechanical licensing collective If the Register is unable to identify an entity this subsection with respect to the musical and any additional evidence presented by the that fulfills each of the qualifications set works (or shares thereof) covered by such parties. forth in clauses (i) through (iii) of subpara- voluntary license or individual download au- ‘‘(B) BLANKET LICENSE EFFECTIVE DATE.— graph (A), the Register shall designate the thority and the following conditions apply: Blanket licenses shall be made available by entity that most nearly fulfills such quali- ‘‘(i) Where a voluntary license or indi- the mechanical licensing collective on and fications for purposes of carrying out the re- vidual download license applies, the license after the license availability date. No such authority provided under the blanket license license shall be effective prior to the license sponsibilities of the mechanical licensing shall exclude any musical works (or shares availability date. collective. ‘‘(C) AUTHORITIES AND FUNCTIONS.— thereof) subject to the voluntary license or ‘‘(3) MECHANICAL LICENSING COLLECTIVE.— individual download license. ‘‘(A) IN GENERAL.—The mechanical licens- ‘‘(i) IN GENERAL.—The mechanical licensing ‘‘(ii) An entity engaged in covered activi- ing collective shall be a single entity that— collective is authorized to perform the fol- ties under a voluntary license or authority ‘‘(i) is a nonprofit, not owned by any other lowing functions, subject to more particular obtained pursuant to an individual download entity, that is created by copyright owners requirements as described in this subsection: license that is a significant nonblanket li- to carry out responsibilities under this sub- ‘‘(I) Offer and administer blanket licenses, censee shall comply with paragraph (6)(A). section; including receipt of notices of license and re- ‘‘(iii) The rates and terms of any voluntary ‘‘(ii) is endorsed by and enjoys substantial ports of usage from digital music providers. license shall be subject to the second sen- support from musical work copyright owners ‘‘(II) Collect and distribute royalties from tence of clause (i) and clause (ii) of sub- that together represent the greatest percent- digital music providers for covered activi- section (c)(2)(A) and paragraph (9)(C), as ap- age of the licensor market for uses of such ties. plicable. works in covered activities, as measured ‘‘(III) Engage in efforts to identify musical ‘‘(D) PROTECTION AGAINST INFRINGEMENT over the preceding 3 full calendar years; works (and shares of such works) embodied ACTIONS.—A digital music provider that ob- ‘‘(iii) is able to demonstrate to the Reg- in particular sound recordings, and to iden- tains and complies with the terms of a valid ister of Copyrights that it has, or will have tify and locate the copyright owners of such blanket license under this subsection shall prior to the license availability date, the ad- musical works (and shares of such works).

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3525 ‘‘(IV) Maintain the musical works database ‘‘(III) One nonvoting member shall be a embodied in particular sound recordings, as and other information relevant to the ad- representative of the nonprofit trade associa- well as to identify and locate the copyright ministration of licensing activities under tion of music publishers that represents the owners of such works (and shares thereof), this section. greatest percentage of the licensor market and update such data as appropriate. ‘‘(V) Administer a process by which copy- for uses of musical works in covered activi- ‘‘(ii) MATCHED WORKS.—With respect to mu- right owners can claim ownership of musical ties, as measured over the preceding 3 full sical works (and shares thereof) that have works (and shares of such works), and a proc- calendar years. been matched to copyright owners, the musi- ess by which royalties for works for which ‘‘(IV) One nonvoting member shall be a cal works database shall include— the owner is not identified or located are eq- representative of the digital licensee coordi- ‘‘(I) the title of the musical work; uitably distributed to known copyright own- nator, provided that a digital licensee coor- ‘‘(II) the copyright owner of the work (or ers. dinator has been designated pursuant to share thereof), and such owner’s ownership ‘‘(VI) Administer collections of the admin- paragraph (5)(B). Otherwise, the nonvoting percentage; istrative assessment from digital music pro- member shall be the nonprofit trade associa- ‘‘(III) contact information for such copy- viders and significant nonblanket licensees, tion of digital licensees that represents the right owner; including receipt of notices of nonblanket greatest percentage of the licensee market ‘‘(IV) to the extent reasonably available to activity. for uses of musical works in covered activi- the mechanical licensing collective— ‘‘(VII) Invest in relevant resources, and ar- ties, as measured over the preceding 3 full ‘‘(aa) the international standard musical range for services of outside vendors and oth- calendar years. work code for the work; and ‘‘(V) One nonvoting member shall be a rep- ers, to support its activities. ‘‘(bb) identifying information for sound re- resentative of a nationally recognized non- ‘‘(VIII) Engage in legal and other efforts to cordings in which the musical work is em- profit trade association whose primary mis- enforce rights and obligations under this bodied, including the name of the sound re- sion is advocacy on behalf of songwriters in subsection, including by filing bankruptcy cording, featured artist, sound recording the United States. proofs of claims for amounts owed under li- copyright owner, producer, international ‘‘(ii) BOARD MEETINGS.—The board of direc- censes, and acting in coordination with the standard recording code, and other informa- tors shall meet no less than 2 times per year tion commonly used to assist in associating digital licensee coordinator.. and discuss matters pertinent to the oper- ‘‘(IX) Initiate and participate in pro- ations, including the mechanical licensing sound recordings with musical works; and ceedings before the Copyright Royalty collective budget. ‘‘(V) such other information as the Reg- Judges to establish the administrative as- ister of Copyrights may prescribe by regula- ‘‘(iii) OPERATIONS ADVISORY COMMITTEE.— sessment under this subsection. The board of directors of the mechanical li- tion. ‘‘(X) Initiate and participate in pro- censing collective shall establish an oper- ‘‘(iii) UNMATCHED WORKS.—With respect to ceedings before the Copyright Office with re- ations advisory committee consisting of no unmatched musical works (and shares of spect to activities under this subsection. fewer than 6 members to make recommenda- works) in the database, the musical works ‘‘(XI) Gather and provide documentation tions to the board of directors concerning database shall include— for use in proceedings before the Copyright the operations of the mechanical licensing ‘‘(I) to the extent reasonably available to Royalty Judges to set rates and terms under collective, including the efficient investment the mechanical licensing collective— this section. in and deployment of information tech- ‘‘(aa) the title of the musical work; ‘‘(XII) Maintain records of its activities nology and data resources. Such committee ‘‘(bb) the ownership percentage for which and engage in and respond to audits de- shall have an equal number of members of an owner has not been identified; scribed under this subsection. the committee who are— ‘‘(cc) if a copyright owner has been identi- ‘‘(XIII) Engage in such other activities as ‘‘(I) musical work copyright owners who fied but not located, the identity of such may be necessary or appropriate to fulfill its are appointed by the board of directors of the owner and such owner’s ownership percent- responsibilities under this subsection. mechanical licensing collective; and age; ‘‘(ii) ADDITIONAL ADMINISTRATIVE ACTIVI- ‘‘(II) representatives of digital music pro- ‘‘(dd) identifying information for sound re- TIES.—Subject to paragraph (11)(C) and viders who are appointed by the digital li- cordings in which the work is embodied, in- clause (iii), the mechanical licensing collec- censee coordinator. cluding sound recording name, featured art- tive may also administer, or assist in admin- ‘‘(iv) UNCLAIMED ROYALTIES OVERSIGHT COM- ist, sound recording copyright owner, pro- istering, voluntary licenses issued by or indi- MITTEE.—The board of directors of the me- ducer, international standard recording code, vidual download licenses obtained from chanical licensing collective shall establish and other information commonly used to as- copyright owners for uses of musical works, and appoint an unclaimed royalties over- sist in associating sound recordings with mu- for which the mechanical licensing collective sight committee consisting of 10 members, 5 sical works; and shall charge reasonable fees for such serv- of which shall be musical work copyright ‘‘(ee) any additional information reported ices. owners and 5 of which shall be professional to the mechanical licensing collective that ‘‘(iii) RESTRICTION CONCERNING PUBLIC PER- songwriters whose works are used in covered may assist in identifying the work; and FORMANCE RIGHTS.—The mechanical licensing activities. ‘‘(II) such other information relating to collective may, pursuant to clause (ii), pro- ‘‘(v) DISPUTE RESOLUTION COMMITTEE.—The the identity and ownership of musical works vide administration services with respect to board of directors of the mechanical licens- (and shares of such works) as the Register of voluntary licenses that include the right of ing collective shall establish and appoint a Copyrights may prescribe by regulation. public performance in musical works, but dispute resolution committee consisting of ‘‘(iv) SOUND RECORDING INFORMATION.—Each may not itself negotiate or grant licenses for no fewer than 6 members, which committee musical work copyright owner with any mu- the right of public performance in musical shall include an equal number of representa- sical work listed in the musical works data- works, and may not be the exclusive or non- tives of musical work copyright owners and base shall engage in commercially reason- exclusive assignee or grantee of the right of professional songwriters. able efforts to deliver to the mechanical li- public performance in musical works. ‘‘(vi) MECHANICAL LICENSING COLLECTIVE censing collective, including for use in the ‘‘(iv) RESTRICTION ON LOBBYING.—The me- ANNUAL REPORT.—Not later than June 30 of musical works database, to the extent such chanical licensing collective may not engage each year commencing after the license information is not then available in the in government lobbying activities, but may availability date, the mechanical licensing database, information regarding the names engage in the activities described in sub- collective shall post, and make available on- of the sound recordings in which that copy- clauses (IX), (X), and (XI) of clause (i). line for a period of at least 3 years, an an- right owner’s musical works (or shares ‘‘(D) GOVERNANCE.— nual report that sets forth how the collective thereof) are embodied, to the extent prac- ‘‘(i) BOARD OF DIRECTORS.—The mechanical operates, how royalties are collected and dis- ticable. licensing collective shall have a board of di- tributed, and the collective total costs for ‘‘(v) ACCESSIBILITY OF DATABASE.—The mu- rectors consisting of 14 voting members and the preceding calendar year. At the time of sical works database shall be made available 3 nonvoting members, as follows: posting, a copy of the report shall be pro- to members of the public in a searchable, on- ‘‘(I) Ten voting members shall be rep- vided to the Register of Copyrights. line format, free of charge. The mechanical resentatives of music publishers to which ‘‘(E) MUSICAL WORKS DATABASE.— licensing collective shall make such data- songwriters have assigned exclusive rights of ‘‘(i) ESTABLISHMENT AND MAINTENANCE OF base available in a bulk, machine-readable reproduction and distribution of musical DATABASE.—The mechanical licensing collec- format, through a widely available software works with respect to covered activities and tive shall establish and maintain a database application, to the following entities: no such music publisher member may be containing information relating to musical ‘‘(I) Digital music providers operating owned by, or under common control with, works (and shares of such works) and, to the under the authority of valid notices of li- any other board member. extent known, the identity and location of cense, free of charge. ‘‘(II) Four voting members shall be profes- the copyright owners of such works (and ‘‘(II) Significant nonblanket licensees in sional songwriters who have retained and ex- shares thereof) and the sound recordings in compliance with their obligations under ercise exclusive rights of reproduction and which the musical works are embodied. In paragraph (6), free of charge. distribution with respect to covered activi- furtherance of maintaining such database, ‘‘(III) Authorized vendors of the entities ties with respect to musical works they have the mechanical licensing collective shall en- described in subclauses (I) and (II), free of authored. gage in efforts to identify the musical works charge.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3526 CONGRESSIONAL RECORD — HOUSE April 25, 2018 ‘‘(IV) The Register of Copyrights, free of matched for a period of at least 3 years after tributions of unclaimed accrued royalties to charge (but the Register shall not treat such the date on which the funds were received by provide, or direct the provision of, informa- database or any information therein as a the mechanical licensing collective, or at tion concerning royalties received under vol- Government record). least 3 years after the date on which they untary licenses and individual download li- ‘‘(V) Any member of the public, for a fee were accrued by a digital music provider censes for covered activities, and not to exceed the marginal cost to the me- that subsequently transferred such funds to ‘‘(bb) the mechanical licensing collective chanical licensing collective of providing the the mechanical licensing collective pursuant shall take appropriate steps to safeguard the database to such person. to paragraph (10)(B), whichever period ex- confidentiality and security of financial and ‘‘(vi) ADDITIONAL REQUIREMENTS.—The Reg- pires sooner. other sensitive data used to compute market ister of Copyrights shall establish require- ‘‘(ii) INTEREST-BEARING ACCOUNT.—Accrued shares in accordance with the confidentiality ments by regulations to ensure the usability, royalties for unmatched works (and shares provisions prescribed by the Register of interoperability, and usage restrictions of thereof) shall be maintained by the mechan- Copyrights under paragraph (12)(C). the musical works database. ical licensing collective in an interest-bear- ‘‘(ii) ESTABLISHMENT OF DISTRIBUTION POLI- ‘‘(F) NOTICES OF LICENSE AND NONBLANKET ing account that earns monthly interest at CIES.—The unclaimed royalties oversight ACTIVITY.— the Federal, short-term rate, such interest committee established under paragraph ‘‘(i) NOTICES OF LICENSES.—The mechanical to accrue for the benefit of copyright owners (3)(D)(iv) shall establish policies and proce- licensing collective shall receive, review, and entitled to payment of such accrued royal- dures for the distribution of unclaimed ac- confirm or reject notices of license from dig- ties. crued royalties and accrued interest in ac- ital music providers, as provided in para- ‘‘(I) MUSICAL WORKS CLAIMING PROCESS.— cordance with this subparagraph, including graph (2)(A). The collective shall maintain a The mechanical licensing collective shall the provision of usage data to copyright current, publicly accessible list of blanket li- publicize the existence of accrued royalties owners to allocate payments and credits to censes that includes contact information for for unmatched musical works (and shares of songwriters pursuant to clause (iv), subject the licensees and the effective dates of such such works) within 6 months of receiving a to the approval of the board of directors of licenses. transfer of accrued royalties for such works the mechanical licensing collective. ‘‘(ii) NOTICES OF NONBLANKET ACTIVITY.— by publicly listing the works and the proce- ‘‘(iii) ADVANCE NOTICE OF DISTRIBUTIONS.— The mechanical licensing collective shall re- dures by which copyright owners may iden- ceive notices of nonblanket activity from tify themselves and provide ownership, con- The mechanical licensing collective shall significant nonblanket licensees, as provided tact, and other relevant information to the publicize a pending distribution of unclaimed in paragraph (6)(A). The collective shall mechanical licensing collective in order to accrued royalties and accrued interest at maintain a current, publicly accessible list receive payment of accrued royalties. When least 90 calendar days in advance of such dis- of notices of nonblanket activity that in- a copyright owner of an unmatched work (or tribution. cludes contact information for significant share of a work) has been identified and lo- ‘‘(iv) SONGWRITER PAYMENTS.—Copyright nonblanket licensees and the dates of receipt cated in accordance with the procedures of owners that receive a distribution of un- of such notices. the mechanical licensing collective, the col- claimed accrued royalties and accrued inter- ‘‘(G) COLLECTION AND DISTRIBUTION OF ROY- lective shall— est shall pay or credit a portion to song- ALTIES.— ‘‘(i) update the musical works database and writers (or the authorized agents of song- ‘‘(i) IN GENERAL.—Upon receiving reports of its other records accordingly; and writers) on whose behalf the copyright own- usage and payments of royalties from digital ‘‘(ii) provided that accrued royalties for ers license or administer musical works for music providers for covered activities, the the musical work (or share thereof) have not covered activities, in accordance with appli- mechanical licensing collective shall— yet been included in a distribution pursuant cable contractual terms, but notwith- ‘‘(I) engage in efforts to— to subparagraph (J)(i), pay such accrued roy- standing any agreement to the contrary— ‘‘(aa) identify the musical works embodied alties and a proportionate amount of accrued ‘‘(I) such payments and credits to song- in sound recordings reflected in such reports, interest associated with that work (or share writers shall be allocated in proportion to re- and the copyright owners of such musical thereof) to the copyright owner, accom- ported usage of individual musical works by works (and shares thereof); panied by a cumulative statement of account digital music providers during the reporting ‘‘(bb) confirm uses of musical works sub- reflecting usage of such work and accrued periods covered by the distribution from the ject to voluntary licenses and individual royalties based on information provided by mechanical licensing collective; and download licenses, and the corresponding pro digital music providers to the mechanical li- ‘‘(II) in no case shall the payment or credit rata amounts to be deducted from royalties censing collective. to an individual songwriter be less than 50 that would otherwise be due under the blan- ‘‘(J) DISTRIBUTION OF UNCLAIMED ACCRUED percent of the payment received by the copy- ket license; and ROYALTIES.— right owner attributable to usage of musical ‘‘(cc) confirm proper payment of royalties ‘‘(i) DISTRIBUTION PROCEDURES.—After the works (or shares of works) of that song- due; expiration of the prescribed holding period writer. ‘‘(II) distribute royalties to copyright own- for accrued royalties provided in paragraph ‘‘(K) DISPUTE RESOLUTION.—The dispute ers in accordance with the usage and other (H)(i), the mechanical licensing collective resolution committee established under information contained in such reports, as shall distribute such accrued royalties, along paragraph (3)(D)(v) shall address and resolve well as the ownership and other information with a proportionate share of accrued inter- in a timely and equitable manner disputes contained in the records of the collective; est, to copyright owners identified in the among copyright owners relating to owner- and records of the collective, subject to the fol- ship interests in musical works licensed ‘‘(III) deposit into an interest-bearing ac- lowing requirements, and in accordance with under this section and allocation and discount, as provided in subparagraph (H)(ii), the policies and procedures established under tribution of royalties by the mechanical li- royalties that cannot be distributed due to— clause (ii): censing collective, according to a process ap- ‘‘(aa) an inability to identify or locate a ‘‘(I) The first such distribution shall occur proved by the board of directors of the me- copyright owner of a musical work (or share on or after July 1 of the first full calendar chanical licensing collective. Such process— thereof); or year to commence after the license avail- ‘‘(i) shall include a mechanism to hold dis- ‘‘(bb) a pending dispute before the dispute ability date, with at least one such distribu- puted funds in accordance with the require- resolution committee of the mechanical li- tion to take place during each calendar year ments described in subparagraph (H)(ii) censing collective. thereafter. pending resolution of the dispute; and ‘‘(ii) OTHER COLLECTION EFFORTS.—Any roy- ‘‘(II) Copyright owners’ payment shares for ‘‘(ii) except as provided in paragraph alties recovered by the mechanical licensing unclaimed accrued royalties for particular (11)(D), shall not affect any legal or equi- collective as a result of efforts to enforce reporting periods shall be determined in a table rights or remedies available to any rights or obligations under a blanket license, transparent and equitable manner based on copyright owner or songwriter concerning including through a bankruptcy proceeding data indicating the relative market shares of ownership of, and entitlement to royalties or other legal action, shall be distributed to such copyright owners as reflected by roy- for, a musical work. copyright owners based on available usage alty payments made by digital music pro- ‘‘(L) VERIFICATION OF PAYMENTS BY ME- information and in accordance with the providers for covered activities for the periods CHANICAL LICENSING COLLECTIVE.— cedures described in subclauses (I) and (II) of in question, including, in addition to royalty ‘‘(i) VERIFICATION PROCESS.—A copyright clause (i), on a pro rata basis in proportion payments made to the mechanical licensing owner entitled to receive payments of royal- to the overall percentage recovery of the collective, royalty payments made to copy- ties for covered activities from the mechan- total royalties owed, with any pro rata share right owners under voluntary licenses and ical licensing collective may, individually or of royalties that cannot be distributed depos- individual download licenses for covered ac- with other copyright owners, conduct an ited in an interest-bearing account as pro- tivities, to the extent such information is audit of the mechanical licensing collective vided in subparagraph (H)(ii). available to the mechanical licensing collec- to verify the accuracy of royalty payments ‘‘(H) HOLDING OF ACCRUED ROYALTIES.— tive. In furtherance of the determination of by the mechanical licensing collective to ‘‘(i) HOLDING PERIOD.—The mechanical li- equitable market shares under this subpara- such copyright owner, as follows: censing collective shall hold accrued royal- graph— ‘‘(I) A copyright owner may audit the me- ties associated with particular musical ‘‘(aa) the mechanical licensing collective chanical licensing collective only once in a works (and shares of works) that remain un- may require copyright owners seeking dis- year for any or all of the prior 3 calendar

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3527 years, and may not audit records for any cal- owner’s musical works upon reasonable writ- ‘‘(II) regarding adjustments to reports of endar year more than once. ten request of such owner or the owner’s au- usage by digital music providers, including ‘‘(II) The audit shall be conducted by a thorized representative. mechanisms to account for overpayment and qualified auditor, who shall perform the ‘‘(4) TERMS AND CONDITIONS OF BLANKET LI- underpayment of royalties in prior periods. audit during the ordinary course of business CENSE.—A blanket license is subject to, and ‘‘(B) COLLECTION OF SOUND RECORDING IN- by examining the books, records, and data of conditioned upon, the following require- FORMATION.—A digital music provider shall the mechanical licensing collective, accord- ments: engage in good-faith, commercially reason- ing to generally accepted auditing standards ‘‘(A) ROYALTY REPORTING AND PAYMENTS.— able efforts to obtain from copyright owners and subject to applicable confidentiality re- ‘‘(i) MONTHLY REPORTS AND PAYMENT.—A of sound recordings made available through quirements prescribed by the Register of digital music provider shall report and pay the service of such digital music provider— Copyrights under paragraph (12)(C). royalties to the mechanical licensing collec- ‘‘(i) sound recording copyright owners, pro- ‘‘(III) The mechanical licensing collective tive under the blanket license on a monthly ducers, international standard recording shall make such books, records, and data basis in accordance with clause (ii) and sub- codes, and other information commonly used available to the qualified auditor and re- section (c)(2)(I), but the monthly reporting in the industry to identify sound recordings spond to reasonable requests for relevant in- shall be due 45 calendar days, rather than 20 and match them to the musical works the formation, and shall use commercially rea- calendar days, after the end of the monthly sound recordings embody; and sonable efforts to facilitate access to rel- reporting period. ‘‘(ii) information concerning the author- evant information maintained by third par- ship and ownership of musical works, includ- ‘‘(ii) DATA TO BE REPORTED.—In reporting ties. ing songwriters, publisher names, ownership usage of musical works to the mechanical li- ‘‘(IV) To commence the audit, any copy- shares, and international standard musical censing collective, a digital music provider right owner shall file with the Copyright Of- work codes. shall provide usage data for musical works fice a notice of intent to conduct an audit of ‘‘(C) PAYMENT OF ADMINISTRATIVE ASSESS- used under the blanket license and usage the mechanical licensing collective, identi- MENT.—A digital music provider and any sig- data for musical works used in covered ac- fying the period of time to be audited, and nificant nonblanket licensee shall pay the tivities under voluntary licenses and indi- shall simultaneously deliver a copy of such administrative assessment established under vidual download licenses. In the report of notice to the mechanical licensing collec- paragraph (7)(D) in accordance with this sub- tive. The Register of Copyrights shall cause usage, the digital music provider shall— section and applicable regulations. ‘‘(I) with respect to each sound recording the notice of audit to be published in the ‘‘(D) VERIFICATION OF PAYMENTS BY DIGITAL embodying a musical work— Federal Register within 45 calendar days MUSIC PROVIDERS.— ‘‘(aa) provide identifying information for after receipt. ‘‘(i) VERIFICATION PROCESS.—The mechan- ‘‘(V) The qualified auditor shall determine the sound recording, including sound record- ical licensing collective may conduct an the accuracy of royalty payments, including ing name, featured artist and, to the extent audit of a digital music provider operating whether an underpayment or overpayment of acquired by the digital music provider in under the blanket license to verify the accu- royalties was made by the mechanical li- connection with its use of sound recordings racy of royalty payments by the digital censing collective to each auditing copyright of musical works to engage in covered activi- music provider to the mechanical licensing owner, but before providing a final audit re- ties, including pursuant to subparagraph (B), collective as follows: port to any such copyright owner, the quali- producer, international standard recording ‘‘(I) The mechanical licensing collective fied auditor shall provide a tentative draft of code, and other information commonly used may commence an audit of a digital music the report to the mechanical licensing colin the industry to identify sound recordings provider no more than once in any 3-cal- lective and allow the mechanical licensing and match them to the musical works the endar-year period to cover a verification pe- collective a reasonable opportunity to re- sound recordings embody; riod of no more than the 3 full calendar years spond to the findings, including by clarifying ‘‘(bb) to the extent acquired by the digital preceding the date of commencement of the issues and correcting factual errors. music provider in the metadata in connec- audit, and such audit may not audit records ‘‘(VI) The auditing copyright owner or tion with its use of sound recordings of musi- for any such 3-year verification period more owners shall bear the cost of the audit. In cal works to engage in covered activities, in- than once. case of an underpayment to any copyright cluding pursuant to subparagraph (B), pro- ‘‘(II) The audit shall be conducted by a owner, the mechanical licensing collective vide information concerning authorship and qualified auditor, who shall perform the shall pay the amounts of any such under- ownership of the applicable rights in the mu- audit during the ordinary course of business payment to such auditing copyright owner, sical work embodied in the sound recording by examining the books, records, and data of as appropriate. In case of an overpayment by (including each songwriter, publisher name, the digital music provider, according to gen- the mechanical licensing collective, the me- and respective ownership share) and the erally accepted auditing standards and sub- chanical licensing collective may debit the international standard musical work code; ject to applicable confidentiality require- account of the auditing copyright owner or and ments prescribed by the Register of Copy- owners for such overpaid amounts, or such ‘‘(cc) provide the number of digital phono- rights under paragraph (12)(C). owner(s) shall refund overpaid amounts to record deliveries of the sound recording, in- ‘‘(III) The digital music provider shall the mechanical licensing collective, as ap- cluding limited downloads and interactive make such books, records, and data available propriate. streams; to the qualified auditor and respond to rea- ‘‘(ii) ALTERNATIVE VERIFICATION PROCE- ‘‘(II) identify and provide contact informa- sonable requests for relevant information, DURES.—Nothing in this subparagraph shall tion for all musical work copyright owners and shall use commercially reasonable ef- preclude a copyright owner and the mechan- for works embodied in sound recordings as to forts to provide access to relevant informa- ical licensing collective from agreeing to which a voluntary license, rather than the tion maintained with respect to a digital audit procedures different from those de- blanket license, is in effect with respect to music provider by third parties. scribed herein, but a notice of the audit shall the uses being reported; and ‘‘(IV) To commence the audit, the mechan- be provided to and published by the Copy- ‘‘(III) provide such other information as ical licensing collective shall file with the right Office as described in clause (i)(IV). the Register of Copyrights shall require by Copyright Office a notice of intent to con- ‘‘(M) RECORDS OF MECHANICAL LICENSING regulation. duct an audit of the digital music provider, COLLECTIVE.— ‘‘(iii) FORMAT AND MAINTENANCE OF RE- identifying the period of time to be audited, ‘‘(i) RECORDS MAINTENANCE.—The mechan- PORTS.—Reports of usage provided by digital and shall simultaneously deliver a copy of ical licensing collective shall ensure that all music providers to the mechanical licensing such notice to the digital music provider. material records of its operations, including collective shall be in a machine-readable for- The Register of Copyrights shall cause the those relating to notices of license, the ad- mat that is compatible with the information notice of audit to be published in the Federal ministration of its claims process, reports of technology systems of the mechanical li- Register within 45 calendar days after re- usage, royalty payments, receipt and main- censing collective and meets the require- ceipt. tenance of accrued royalties, royalty dis- ments of regulations adopted by the Register ‘‘(V) The qualified auditor shall determine tribution processes, and legal matters, are of Copyrights. The Register shall also adopt the accuracy of royalty payments, including preserved and maintained in a secure and re- regulations setting forth requirements under whether an underpayment or overpayment of liable manner, with appropriate commer- which records of use shall be maintained and royalties was made by the digital music pro- cially reasonable safeguards against unau- made available to the mechanical licensing vider to the mechanical licensing collective, thorized access, copying, and disclosure, and collective by digital music providers engaged but before providing a final audit report to subject to the confidentiality requirements in covered activities under a blanket license. the mechanical licensing collective, the prescribed by the Register of Copyrights ‘‘(iv) ADOPTION OF REGULATIONS.—The Reg- qualified auditor shall provide a tentative under paragraph (12)(C) for a period of no less ister shall adopt regulations— draft of the report to the digital music pro- than 7 years after the date of creation or re- ‘‘(I) setting forth requirements under vider and allow the digital music provider a ceipt, whichever occurs later. which records of use shall be maintained and reasonable opportunity to respond to the ‘‘(ii) RECORDS ACCESS.—The mechanical li- made available to the mechanical licensing findings, including by clarifying issues and censing collective shall provide prompt ac- collective by digital music providers engaged correcting factual errors. cess to electronic and other records per- in covered activities under a blanket license; ‘‘(VI) The mechanical licensing collective taining to the administration of a copyright and shall pay the cost of the audit, unless the

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3528 CONGRESSIONAL RECORD — HOUSE April 25, 2018

qualified auditor determines that there was ‘‘(iv) REVIEW BY FEDERAL DISTRICT COURT.— ‘‘(IV) Initiate and participate in pro- an underpayment by the digital music pro- A digital music provider that believes a ceedings before the Copyright Office with re- vider of 10 percent or more, in which case the blanket license was improperly terminated spect to activities under this subsection. digital music provider shall bear the reason- by the mechanical licensing collective may ‘‘(V) Gather and provide documentation for able costs of the audit, in addition to paying seek review of such termination in Federal use in proceedings before the Copyright Roy- the amount of any underpayment to the me- district court. The district court shall deter- alty Judges to set rates and terms under this chanical licensing collective. In case of an mine the matter de novo based on the record section. overpayment by the digital music provider, before the mechanical licensing collective ‘‘(VI) Maintain records of its activities. the mechanical licensing collective shall and any additional supporting evidence pre- ‘‘(VII) Engage in such other activities as provide a credit to the account of the digital sented by the parties. may be necessary or appropriate to fulfill its music provider. ‘‘(5) DIGITAL LICENSEE COORDINATOR.— responsibilities under this subsection. ‘‘(VII) A digital music provider may not as- ‘‘(A) IN GENERAL.—The digital licensee co- ‘‘(ii) RESTRICTION ON LOBBYING.—The dig- sert section 507 or any other Federal or State ordinator shall be a single entity that— ital licensee coordinator may not engage in statute of limitations, doctrine of laches or ‘‘(i) is a nonprofit, not owned by any other government lobbying activities, but may en- estoppel, or similar provision as a defense to entity, that is created to carry out respon- gage in the activities described in subclauses a legal action arising from an audit under sibilities under this subsection; (III), (IV), and (V) of clause (i). this subparagraph if such legal action is ‘‘(ii) is endorsed by and enjoys substantial ‘‘(6) REQUIREMENTS FOR SIGNIFICANT NON- commenced no more than 6 years after the support from digital music providers and sig- BLANKET LICENSEES.— commencement of the audit that is the basis ‘‘(A) IN GENERAL.— nificant nonblanket licensees that together for such action. ‘‘(i) NOTICE OF ACTIVITY.—Not later than 45 represent the greatest percentage of the li- ‘‘(ii) ALTERNATIVE VERIFICATION PROCE- calendar days after the license availability censee market for uses of musical works in DURES.—Nothing in this subparagraph shall date, or 45 calendar days after the end of the covered activities, as measured over the pre- preclude the mechanical licensing collective first full calendar month in which an entity ceding 3 calendar years; and a digital music provider from agreeing initially qualifies as a significant non- ‘‘(iii) is able to demonstrate that it has, or to audit procedures different from those de- blanket licensee, whichever occurs later, a will have prior to the license availability scribed herein, but a notice of the audit shall significant nonblanket licensee shall submit be provided to and published by the Copy- date, the administrative capabilities to per- a notice of nonblanket activity to the me- right Office as described in clause (i)(IV). form the required functions of the digital li- chanical licensing collective. The notice of censee coordinator under this subsection; ‘‘(E) DEFAULT UNDER BLANKET LICENSE.— nonblanket activity shall comply in form and ‘‘(i) CONDITIONS OF DEFAULT.—A digital and substance with requirements that the music provider shall be in default under a ‘‘(iv) has been designated by the Register Register of Copyrights shall establish by reg- blanket license if the digital music proof Copyrights in accordance with subpara- ulation, and a copy shall be made available vider— graph (B). to the digital licensee coordinator. ‘‘(I) fails to provide one or more monthly ‘‘(B) DESIGNATION OF DIGITAL LICENSEE CO- ‘‘(ii) REPORTING AND PAYMENT OBLIGA- reports of usage to the mechanical licensing ORDINATOR.— TIONS.—The notice of nonblanket activity collective when due; ‘‘(i) INITIAL DESIGNATION.—The Register of submitted to the mechanical licensing col- ‘‘(II) fails to make a monthly royalty or Copyrights shall initially designate the dig- lective shall be accompanied by a report of late fee payment to the mechanical licensing ital licensee coordinator within 9 months usage that contains the information de- collective when due, in all or material part; after the enactment date, in accordance with scribed in paragraph (4)(A)(ii), as well as any ‘‘(III) provides one or more monthly re- the same procedure described for designation payment of the administrative assessment ports of usage to the mechanical licensing of the mechanical licensing collective in required under this subsection and applica- collective that, on the whole, is or are mate- paragraph (3)(B)(i). ble regulations. Thereafter, subject to clause rially deficient as a result of inaccurate, ‘‘(ii) PERIODIC REVIEW OF DESIGNATION.— (iii), a significant nonblanket licensee shall missing, or unreadable data, where the cor- Following the initial designation of the dig- continue to provide monthly reports of rect data was available to the digital music ital licensee coordinator, the Register shall, usage, accompanied by any required pay- provider and required to be reported under every 5 years, beginning with the fifth full ment of the administrative assessment, to this section and applicable regulations; calendar year to commence after the initial the mechanical licensing collective. Such re- ‘‘(IV) fails to pay the administrative as- designation, determine whether the existing ports and payments shall be submitted not sessment as required under this subsection designation should be continued, or a dif- later than 45 calendar days after the end of and applicable regulations; or ferent entity meeting the criteria described the calendar month being reported. ‘‘(V) after being provided written notice by in clauses (i) through (iii) of subparagraph ‘‘(iii) DISCONTINUATION OF OBLIGATIONS.— the mechanical licensing collective, refuses (A) should be designated, in accordance with An entity that has submitted a notice of to comply with any other material term or the same procedure described for the me- nonblanket activity to the mechanical li- condition of the blanket license under this chanical licensing collective in paragraph censing collective that has ceased to qualify section for a period of 60 calendar days or (3)(B)(ii). as a significant nonblanket licensee may so longer. ‘‘(iii) INABILITY TO DESIGNATE.—If the Reg- notify the collective in writing. In such case, ‘‘(ii) NOTICE OF DEFAULT AND TERMI- ister is unable to identify an entity that ful- as of the calendar month in which such no- NATION.—In case of a default by a digital fills each of the qualifications described in tice is provided, such entity shall no longer music provider, the mechanical licensing clauses (i) through (iii) of subparagraph (A) be required to provide reports of usage or collective may proceed to terminate the to serve as the digital licensee coordinator, pay the administrative assessment, but if blanket license of the digital music provider the Register may decline to designate a dig- such entity later qualifies as a significant as follows: ital licensee coordinator. The Register’s de- nonblanket licensee, such entity shall again ‘‘(I) The mechanical licensing collective termination not to designate a digital li- be required to comply with clauses (i) and shall provide written notice to the digital censee coordinator shall not negate or other- (ii). music provider describing with reasonable wise affect any provision of this subsection ‘‘(B) REPORTING BY MECHANICAL LICENSING particularity the default and advising that except to the limited extent that a provision COLLECTIVE TO DIGITAL LICENSEE COORDI- unless such default is cured within 60 cal- references the digital licensee coordinator. NATOR.— endar days after the date of the notice, the In such case, the reference to the digital li- ‘‘(i) MONTHLY REPORTS OF NONCOMPLIANT LI- blanket license will automatically terminate censee coordinator shall be without effect CENSEES.—The mechanical licensing collec- at the end of that period. unless and until a new digital licensee coor- tive shall provide monthly reports to the ‘‘(II) If the digital music provider fails to dinator is designated. digital licensee coordinator setting forth any remedy the default within the 60-day period ‘‘(C) AUTHORITIES AND FUNCTIONS.— significant nonblanket licensees of which the referenced in subclause (I), the license shall ‘‘(i) IN GENERAL.—The digital licensee coor- collective is aware that have failed to com- terminate without any further action on the dinator is authorized to perform the fol- ply with subparagraph (A). part of the mechanical licensing collective. lowing functions, subject to more particular ‘‘(ii) TREATMENT OF CONFIDENTIAL INFORMA- Such termination renders the making of all requirements as described in this subsection: TION.—The mechanical licensing collective digital phonorecord deliveries of all musical ‘‘(I) Establish a governance structure, cri- and digital licensee coordinator shall take works (and shares thereof) covered by the teria for membership, and any dues to be appropriate steps to safeguard the confiden- blanket license for which the royalty or ad- paid by its members. tiality and security of financial and other ministrative assessment has not been paid ‘‘(II) Engage in efforts to enforce notice sensitive data shared under this subpara- actionable as acts of infringement under sec- and payment obligations with respect to the graph, in accordance with the confidentiality tion 501 and subject to the remedies provided administrative assessment, including by re- requirements prescribed by the Register of by sections 502 through 506. ceiving information from and coordinating Copyrights under paragraph (12)(C). ‘‘(iii) NOTICE TO COPYRIGHT OWNERS.—The with the mechanical licensing collective. ‘‘(C) LEGAL ENFORCEMENT EFFORTS.— mechanical licensing collective shall provide ‘‘(III) Initiate and participate in pro- ‘‘(i) FEDERAL COURT ACTION.—Should the written notice of any termination under this ceedings before the Copyright Royalty mechanical licensing collective or digital li- subparagraph to copyright owners of affected Judges to establish the administrative as- censee coordinator become aware that a sig- works. sessment under this subsection. nificant nonblanket licensee has failed to

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3529 comply with subparagraph (A), either may ties from future collections of the assess- tions from digital music providers and sig- commence an action in Federal district ment. nificant nonblanket licensees, and docu- court for damages and injunctive relief. If ‘‘(D) DETERMINATION OF ADMINISTRATIVE AS- mentation of voluntary contributions, as the significant nonblanket licensee is found SESSMENT.— well as a schedule for further proceedings, liable, the court shall, absent a finding of ex- ‘‘(i) ADMINISTRATIVE ASSESSMENT TO COVER which shall include a hearing, as they deem cusable neglect, award damages in an COLLECTIVE TOTAL COSTS.—The administra- appropriate. amount equal to three times the total tive assessment shall be used solely and ex- ‘‘(IV) The initial administrative assess- amount of the unpaid administrative assess- clusively to fund the collective total costs. ment shall be determined, and such deter- ment and, notwithstanding anything to the ‘‘(ii) SEPARATE PROCEEDING BEFORE COPY- mination shall be published in the Federal contrary in section 505, reasonable attor- RIGHT ROYALTY JUDGES.—The amount and Register by the Copyright Royalty Judges, ney’s fees and costs, as well as such other re- terms of the administrative assessment shall within 1 year after commencement of the lief as the court deems appropriate. In all be determined and established in a separate proceeding described in this clause. The de- other cases, the court shall award relief as and independent proceeding before the Copy- termination shall be supported by a written appropriate. Any recovery of damages shall right Royalty Judges, according to the pro- record. The initial administrative assess- be payable to the mechanical licensing col- cedures described in clauses (iii) and (iv). ment shall be effective as of the license lective as an offset to the collective total The administrative assessment determined availability date, and shall continue in effect costs. in such proceeding shall— unless and until an adjusted administrative ‘‘(ii) STATUTE OF LIMITATIONS FOR ENFORCE- ‘‘(I) be wholly independent of royalty rates assessment is established pursuant to an ad- MENT ACTION.—Any action described in this and terms applicable to digital music pro- justment proceeding under clause (iii). subparagraph shall be commenced within the viders, which shall not be taken into consid- ‘‘(iv) ADJUSTMENT OF ADMINISTRATIVE AS- time period described in section 507(b). eration in any manner in establishing the SESSMENT.—The administrative assessment ‘‘(iii) OTHER RIGHTS AND REMEDIES PRE- administrative assessment; may be adjusted by the Copyright Royalty SERVED.—The ability of the mechanical li- ‘‘(II) be established by the Copyright Roy- Judges periodically, in accordance with the censing collective or digital licensee coordi- alty Judges in an amount that is calculated following procedures: nator to bring an action under this subpara- to defray the reasonable collective total ‘‘(I) No earlier than one year after the graph shall in no way alter, limit or negate costs; any other right or remedy that may be avail- ‘‘(III) be assessed based on usage of musical most recent publication of a determination able to any party at law or in equity. works by digital music providers and signifi- of the administrative assessment by the Copyright Royalty Judges, the mechanical ‘‘(7) FUNDING OF MECHANICAL LICENSING COL- cant nonblanket licensees in covered activi- licensing collective, the digital licensee co- LECTIVE.— ties under both compulsory and nonblanket ordinator, or one or more interested copy- ‘‘(A) IN GENERAL.—The collective total licenses; costs shall be funded by— ‘‘(IV) may be in the form of a percentage of right owners, digital music providers, or sig- ‘‘(i) an administrative assessment, as such royalties payable under this section for nificant nonblanket licensees, may file a pe- assessment is established by the Copyright usage of musical works in covered activities tition with the Copyright Royalty Judges in Royalty Judges pursuant to subparagraph (regardless of whether a different rate ap- the month of October to commence a pro- (D) from time to time, to be paid by— plies under a voluntary license), or any other ceeding to adjust the administrative assess- ‘‘(I) digital music providers that are en- usage-based metric reasonably calculated to ment. gaged, in all or in part, in covered activities equitably allocate the collective total costs ‘‘(II) Notice of the commencement of such pursuant to a blanket license; and across digital music providers and signifi- proceeding shall be published in the Federal ‘‘(II) significant nonblanket licensees; and cant nonblanket licensees engaged in cov- Register in the month of November following ‘‘(ii) voluntary contributions from digital ered activities, but shall include as a compo- the filing of any petition, with a schedule of music providers and significant nonblanket nent a minimum fee for all digital music requested information and additional pro- licensees as may be agreed with copyright providers and significant nonblanket licens- ceedings, as described in clause (iii)(III). The owners. ees; and mechanical licensing collective and digital ‘‘(B) VOLUNTARY CONTRIBUTIONS.— ‘‘(V) take into consideration anticipated licensee coordinator shall participate in such ‘‘(i) AGREEMENTS CONCERNING CONTRIBU- future collective total costs and collections proceeding, along with any interested copy- TIONS.—Except as provided in clause (ii), vol- of the administrative assessment, but also, right owners, digital music providers, or sig- untary contributions by digital music pro- as applicable— nificant nonblanket licensees that have noti- viders and significant nonblanket licensees ‘‘(aa) any portion of past actual collective fied the Copyright Royalty Judges of their shall be determined by private negotiation total costs of the mechanical licensing col- desire to participate. and agreement, and the following conditions lective not funded by previous collections of ‘‘(III) The determination of the adjusted apply: the administrative assessment or voluntary administrative assessment, which shall be ‘‘(I) The date and amount of each vol- contributions because such collections or supported by a written record, shall be pub- untary contribution to the mechanical li- contributions together were insufficient to lished in the Federal Register during Novem- censing collective shall be documented in a fund such costs; ber of the calendar year following the com- writing signed by an authorized agent of the ‘‘(bb) any past collections of the adminis- mencement of the proceeding. The adjusted mechanical licensing collective and the con- trative assessment and voluntary contribu- administrative assessment shall take effect tributing party. tions that exceeded past actual collective January 1 of the year following such publica- ‘‘(II) Such agreement shall be made avail- total costs, resulting in a surplus; and tion. able as required in proceedings before the ‘‘(cc) the amount of any voluntary con- ‘‘(v) ADOPTION OF VOLUNTARY AGREE- Copyright Royalty Judges to establish or ad- tributions by digital music providers or sig- MENTS.—In lieu of reaching their own deter- just the administrative assessment in ac- nificant nonblanket licensees in relevant pe- mination based on evaluation of relevant cordance with applicable statutory and regu- riods, described in subparagraphs (A) and (B) data, the Copyright Royalty Judges shall ap- latory provisions and rulings of the Copy- of paragraph (7). prove and adopt a negotiated agreement to right Royalty Judges. ‘‘(iii) INITIAL ADMINISTRATIVE ASSESS- establish the amount and terms of the ad- ‘‘(ii) TREATMENT OF CONTRIBUTIONS.—Each MENT.—The procedure for establishing the ministrative assessment that has been such voluntary contribution shall be treated initial administrative assessment shall be as agreed to by the mechanical licensing collec- for purposes of an administrative assessment follows: tive and the digital licensee coordinator (or proceeding as an offset to the collective ‘‘(I) The Copyright Royalty Judges shall if none has been designated, interested dig- total costs that would otherwise be recov- commence a proceeding to establish the ini- ital music providers and significant non- ered through the administrative assessment. tial administrative assessment within 9 blanket licensees representing more than Any allocation or reallocation of voluntary months after the enactment date by pub- half of the market for uses of musical works contributions between or among individual lishing a notice in the Federal Register seek- in covered activities), but the Copyright digital music providers or significant non- ing petitions to participate. Royalty Judges shall have the discretion to blanket licensees shall be a matter of private ‘‘(II) The mechanical licensing collective reject any such agreement for good cause negotiation and agreement among such par- and digital licensee coordinator shall par- shown. An administrative assessment adopt- ties and outside the scope of the administra- ticipate in such proceeding, along with any ed under this clause shall apply to all digital tive assessment proceeding. interested copyright owners, digital music music providers and significant nonblanket ‘‘(C) INTERIM APPLICATION OF ACCRUED ROY- providers or significant nonblanket licensees licensees engaged in covered activities dur- ALTIES.—In the event that the administra- that have notified the Copyright Royalty ing the period it is in effect. tive assessment, together with any funding Judges of their desire to participate. ‘‘(vi) CONTINUING AUTHORITY TO AMEND.— from voluntary contributions as provided in ‘‘(III) The Copyright Royalty Judges shall The Copyright Royalty Judges shall retain subparagraphs (A) and (B), is inadequate to establish a schedule for submission by the continuing authority to amend a determina- cover current collective total costs, the col- parties of information that may be relevant tion of an administrative assessment to cor- lective, with approval of its board of direc- to establishing the administrative assess- rect technical or clerical errors, or modify tors, may apply unclaimed accrued royalties ment, including actual and anticipated col- the terms of implementation, for good cause, on an interim basis to defray such costs, sub- lective total costs of the mechanical licens- with any such amendment to be published in ject to future reimbursement of such royal- ing collective, actual and anticipated collec- the Federal Register.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3530 CONGRESSIONAL RECORD — HOUSE April 25, 2018

‘‘(vii) APPEAL OF ADMINISTRATIVE ASSESS- the mechanical licensing collective shall apply on the enactment date and through MENT.—The determination of an administra- credit the account of the digital music pro- the end of the period that expires 90 days tive assessment by the Copyright Royalty vider for the amount of any overpayment of after the license availability date to digital Judges shall be appealable, within 30 cal- royalties due. music providers seeking to avail themselves endar days after publication in the Federal ‘‘(9) TRANSITION TO BLANKET LICENSES.— of the limitation on liability described in Register, to the Court of Appeals for the Dis- ‘‘(A) SUBSTITUTION OF BLANKET LICENSE.— subparagraph (A): trict of Columbia Circuit by any party that On the license availability date, a blanket li- ‘‘(i) No later than 30 calendar days after fully participated in the proceeding. The ad- cense shall, without any interruption in li- first making a particular sound recording of ministrative assessment as established by cense authority enjoyed by such digital a musical work available through its service the Copyright Royalty Judges shall remain music provider, be automatically substituted via one or more covered activities, or 30 cal- in effect pending the final outcome of any for and supersede any existing compulsory li- endar days after the enactment date, which- such appeal, and the mechanical licensing cense previously obtained under this section ever occurs later, a digital music provider collective, digital licensee coordinator, dig- by the digital music provider from a copy- shall engage in good-faith, commercially ital music providers, and significant non- right owner to engage in one or more covered reasonable efforts to identify and locate each blanket licensees shall implement appro- activities with respect to a musical work, copyright owner of such musical work (or priate financial or other measures within 3 but the foregoing shall not apply to any au- share thereof). Such required matching ef- months after any modification of the assess- thority obtained from a record company pur- forts shall include the following: ment to reflect and account for such out- suant to a compulsory license to make and ‘‘(I) Good-faith, commercially reasonable come. distribute permanent downloads unless and efforts to obtain from the owner of the cor- ‘‘(viii) REGULATIONS.—The Copyright Roy- until such record company terminates such responding sound recording made available alty Judges may adopt regulations to govern authority in writing to take effect at the end through the digital music provider’s service the conduct of proceedings under this para- of a monthly reporting period, with a copy to the following information: graph. the mechanical licensing collective. ‘‘(aa) Sound recording name, featured art- ‘‘(8) ESTABLISHMENT OF RATES AND TERMS ‘‘(B) EXPIRATION OF EXISTING LICENSES.— ist, sound recording copyright owner, pro- UNDER BLANKET LICENSE.— Except to the extent provided in subpara- ducer, international standard recording code, ‘‘(A) RESTRICTIONS ON RATESETTING PAR- graph (A), on and after the license avail- and other information commonly used in the TICIPATION.—Neither the mechanical licens- ability date, licenses other than individual industry to identify sound recordings and ing collective nor the digital licensee coordi- download licenses obtained under this sec- match them to the musical works they em- nator shall be a party to a proceeding de- tion for covered activities prior to the li- body. scribed in subsection (c)(1)(E), but either cense availability date shall no longer con- ‘‘(bb) Any available musical work owner- may gather and provide financial and other tinue in effect. ship information, including each songwriter information for the use of a party to such a ‘‘(C) TREATMENT OF VOLUNTARY LICENSES.— and publisher name, percentage ownership proceeding and comply with requests for in- A voluntary license for a covered activity in share, and international standard musical formation as required under applicable stat- effect on the license availability date will re- work code. utory and regulatory provisions and rulings main in effect unless and until the voluntary ‘‘(II) Employment of one or more bulk of the Copyright Royalty Judges. license expires according to the terms of the electronic matching processes that are avail- ‘‘(B) APPLICATION OF LATE FEES.—In any voluntary license, or the parties agree to able to the digital music provider through a proceeding described in subparagraph (A) in amend or terminate the voluntary license. In third-party vendor on commercially reason- which the Copyright Royalty Judges estab- a case where a voluntary license for a cov- able terms, but a digital music provider may lish a late fee for late payment of royalties ered activity entered into before the license rely on its own bulk electronic matching for uses of musical works under this section, availability date incorporates the terms of process if it has capabilities comparable to such fee shall apply to covered activities this section by reference, the terms so incor- or better than those available from a third- under blanket licenses, as follows: porated (but not the rates) shall be those in party vendor on commercially reasonable ‘‘(i) Late fees for past due royalty pay- effect immediately prior to the license avail- terms. ments shall accrue from the due date for ability date, and those terms shall continue ‘‘(ii) The required matching efforts shall be payment until payment is received by the to apply unless and until such voluntary li- repeated by the digital music provider no mechanical licensing collective. cense is terminated or amended, or the par- less than once per month for so long as the ‘‘(ii) The availability of late fees shall in ties enter into a new voluntary license. copyright owner remains unidentified or has no way prevent a copyright owner or the me- ‘‘(D) FURTHER ACCEPTANCE OF NOTICES FOR not been located. chanical licensing collective from asserting COVERED ACTIVITIES BY COPYRIGHT OFFICE.— ‘‘(iii) If the required matching efforts are any other rights or remedies to which such On and after the enactment date— successful in identifying and locating a copy- copyright owner or the mechanical licensing ‘‘(i) the Copyright Office shall no longer right owner of a musical work (or share collective may be entitled under this title. accept notices of intention with respect to thereof) by the end of the calendar month in ‘‘(C) INTERIM RATE AGREEMENTS IN GEN- covered activities; and which the digital music provider first makes ERAL.—For any covered activity for which no ‘‘(ii) previously filed notices of intention use of the work, the digital music provider rate or terms have been established by the will no longer be effective or provide license shall provide statements of account and pay Copyright Royalty Judges, the mechanical authority with respect to covered activities, royalties to such copyright owner in accord- licensing collective and any digital music but before the license availability date there ance with this section and applicable regula- provider may agree to an interim rate and shall be no liability under section 501 for the tions. terms for such activity under the blanket li- reproduction or distribution of a musical ‘‘(iv) If the copyright owner is not identi- cense, and any such rate and terms— work (or share thereof) in covered activities fied or located by the end of the calendar ‘‘(i) shall be treated as nonprecedential and if a valid notice of intention was filed for month in which the digital music provider not cited or relied upon in any ratesetting such work (or share) before the enactment first makes use of the work, the digital proceeding before the Copyright Royalty date. music provider shall accrue and hold royal- Judges or any other tribunal; and ‘‘(10) PRIOR UNLICENSED USES.— ties calculated under the applicable statu- ‘‘(ii) shall automatically expire upon the ‘‘(A) LIMITATION ON LIABILITY IN GENERAL.— tory rate in accordance with usage of the establishment of a rate and terms for such A copyright owner that commences an ac- work, from initial use of the work until the covered activity by the Copyright Royalty tion under section 501 on or after January 1, accrued royalties can be paid to the copy- Judges, under subsection (c)(1)(E). 2018, against a digital music provider for the right owner or are required to be transferred ‘‘(D) ADJUSTMENTS FOR INTERIM RATES.— infringement of the exclusive rights provided to the mechanical licensing collective, as The rate and terms established by the Copy- by paragraph (1) or (3) of section 106 arising follows: right Royalty Judges for a covered activity from the unauthorized reproduction or dis- ‘‘(I) Accrued royalties shall be maintained to which an interim rate and terms have tribution of a musical work by such digital by the digital music provider in accordance been agreed under subparagraph (C) shall su- music provider in the course of engaging in with generally accepted accounting prin- persede the interim rate and terms and apply covered activities prior to the license avail- ciples. retroactively to the inception of the activity ability date, shall, as the copyright owner’s ‘‘(II) If a copyright owner of an unmatched under the blanket license. In such case, with- sole and exclusive remedy against the digital musical work (or share thereof) is identified in 3 months after the rate and terms estab- music provider, be eligible to recover the and located by or to the digital music pro- lished by the Copyright Royalty Judges be- royalty prescribed under subsection (c)(1)(C) vider before the license availability date, the come effective— and chapter 8 of this title, from the digital digital music provider shall— ‘‘(i) if the rate established by the Copy- music provider, provided that such digital ‘‘(aa) within 45 calendar days after the end right Royalty Judges exceeds the interim music provider can demonstrate compliance of the calendar month during which the rate, the digital music provider shall pay to with the requirements of subparagraph (B), copyright owner was identified and located, the mechanical licensing collective the as applicable. In all other cases the limita- pay the copyright owner all accrued royal- amount of any underpayment of royalties tion on liability under this subparagraph ties, such payment to be accompanied by a due; or shall not apply. cumulative statement of account that in- ‘‘(ii) if the interim rate exceeds the rate es- ‘‘(B) REQUIREMENTS FOR LIMITATION ON LI- cludes all of the information that would have tablished by the Copyright Royalty Judges, ABILITY.—The following requirements shall been provided to the copyright owner had

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3531

the digital music provider been providing ‘‘(A) EXEMPTION FOR COMPULSORY LICENSE ceedings and adopt such regulations as may monthly statements of account to the copy- ACTIVITIES.—The antitrust exemption de- be necessary or appropriate to effectuate the right owner from initial use of the work in scribed in subsection (c)(1)(D) shall apply to provisions of this subsection, except for reg- accordance with this section and applicable negotiations and agreements between and ulations concerning proceedings before the regulations, including the requisite certifi- among copyright owners and persons enti- Copyright Royalty Judges to establish the cation under subsection (c)(2)(I); tled to obtain a compulsory license for cov- administrative assessment, which shall be ‘‘(bb) beginning with the accounting period ered activities, and common agents acting adopted by the Copyright Royalty Judges. following the calendar month in which the on behalf of such copyright owners or per- ‘‘(B) JUDICIAL REVIEW OF REGULATIONS.— copyright owner was identified and located, sons, including with respect to the adminis- Except as provided in paragraph (7)(D)(vii), and for all other accounting periods prior to trative assessment established under this regulations adopted under this subsection the license availability date, provide month- subsection. shall be subject to judicial review pursuant ly statements of account and pay royalties ‘‘(B) LIMITATION ON COMMON AGENT EXEMP- to chapter 7 of title 5. to the copyright owner as required under TION.—Notwithstanding the antitrust exemp- ‘‘(C) PROTECTION OF CONFIDENTIAL INFORMA- this section and applicable regulations; and tion provided in subsection (c)(1)(D) and sub- TION.—The Register of Copyrights shall ‘‘(cc) beginning with the monthly royalty paragraph (A) (except for the administrative adopt regulations to provide for the appro- reporting period commencing on the license assessment referenced therein and except as priate procedures to ensure that confiden- availability date, report usage and pay roy- provided in paragraph (8)(C)), neither the tial, private, proprietary, or privileged infor- alties for such musical work (or share there- mechanical licensing collective nor the dig- mation contained in the records of the me- of) for such reporting period and reporting ital licensee coordinator shall serve as a chanical licensing collective and digital li- periods thereafter to the mechanical licens- common agent with respect to the establish- censee coordinator is not improperly dis- ing collective, as required under this sub- ment of royalty rates or terms under this closed or used, including through any disclo- section and applicable regulations. section. sure or use by the board of directors or per- ‘‘(III) If a copyright owner of an un- ‘‘(C) ANTITRUST EXEMPTION FOR ADMINIS- sonnel of either entity, and specifically in- matched musical work (or share thereof) is TRATIVE ACTIVITIES.—Notwithstanding any cluding the unclaimed royalties oversight not identified and located by the license provision of the antitrust laws, copyright committee and the dispute resolution com- availability date, the digital music provider owners and persons entitled to obtain a committee of the mechanical licensing collec- shall— pulsory license under this section may des- tive. ‘‘(aa) within 45 calendar days after the li- ignate the mechanical licensing collective to ‘‘(13) SAVINGS CLAUSES.— cense availability date, transfer all accrued administer voluntary licenses for the repro- ‘‘(A) LIMITATION ON ACTIVITIES AND RIGHTS royalties to the mechanical licensing collec- duction or distribution of musical works in COVERED.—This subsection applies solely to tive, such payment to be accompanied by a covered activities on behalf of such copy- uses of musical works subject to licensing cumulative statement of account that in- right owners and persons, but the following under this section. The blanket license shall cludes all of the information that would have conditions apply: not be construed to extend or apply to ac- been provided to the copyright owner had ‘‘(i) Each copyright owner shall establish tivities other than covered activities or to the digital music provider been serving the royalty rates and material terms of any rights other than the exclusive rights of re- monthly statements of account on the copy- such voluntary license individually and not production and distribution licensed under right owner from initial use of the work in in agreement, combination, or concert with this section, or serve or act as the basis to accordance with this section and applicable any other copyright owner. extend or expand the compulsory license regulations, including the requisite certifi- ‘‘(ii) Each person entitled to obtain a com- under this section to activities and rights cation under subsection (c)(2)(I), and accom- pulsory license under this section shall es- not covered by this section on the enactment panied by an additional certification by a tablish the royalty rates and material terms date. duly authorized officer of the digital music of any such voluntary license individually ‘‘(B) RIGHTS OF PUBLIC PERFORMANCE NOT provider that the digital music provider has and not in agreement, combination, or con- AFFECTED.—The rights, protections, and im- fulfilled the requirements of clauses (i) and cert with any other digital music provider. munities granted under this subsection, the (ii) of subparagraph (B) but has not been suc- ‘‘(iii) The mechanical licensing collective data concerning musical works collected and cessful in locating or identifying the copy- shall maintain the confidentiality of the vol- right owner; and untary licenses in accordance with the con- made available under this subsection, and ‘‘(bb) beginning with the monthly royalty fidentiality provisions prescribed by the the definitions described in subsection (e) reporting period commencing on the license Register of Copyrights under paragraph shall not extend to, limit, or otherwise affect availability date, report usage and pay roy- (12)(C). any right of public performance in a musical work.’’; and alties for such musical work (or share there- ‘‘(D) LIABILITY FOR GOOD-FAITH ACTIVI- of) for such period and reporting periods TIES.—The mechanical licensing collective (5) by adding at the end the following new thereafter to the mechanical licensing col- shall not be liable to any person or entity subsection: lective, as required under this subsection and based on a claim arising from its good-faith ‘‘(e) DEFINITIONS.—As used in this section: applicable regulations. administration of policies and procedures ‘‘(1) ACCRUED INTEREST.—The term ‘accrued ‘‘(v) SUSPENSION OF LATE FEES.—A digital adopted and implemented to carry out the interest’ means interest accrued on accrued music provider that complies with the re- responsibilities described in subparagraphs royalties, as described in subsection quirements of this paragraph with respect to (J) and (K) of paragraph (3), except to the ex- (d)(3)(H)(ii). unmatched musical works (or shares of tent of correcting an underpayment or over- ‘‘(2) ACCRUED ROYALTIES.—The term ‘ac- works) shall not be liable for or accrue late payment of royalties as provided in para- crued royalties’ means royalties accrued for fees for late payments of royalties for such graph (3)(L)(i)(VI), but the collective may the reproduction or distribution of a musical works until such time as the digital music participate in a legal proceeding as a stake- work (or share thereof) in a covered activity, provider is required to begin paying monthly holder party if the collective is holding funds calculated in accordance with the applicable royalties to the copyright owner or the me- that are the subject of a dispute between royalty rate under this section. chanical licensing collective, as applicable. copyright owners. For purposes of this sub- ‘‘(3) ADMINISTRATIVE ASSESSMENT.—The ‘‘(C) ADJUSTED STATUTE OF LIMITATIONS.— paragraph, ‘good-faith administration’ term ‘administrative assessment’ means the Notwithstanding anything to the contrary in means administration in a manner that is fee established pursuant to subsection section 507(b), with respect to any claim of not grossly negligent. (d)(7)(D). infringement of the exclusive rights provided ‘‘(E) PREEMPTION OF STATE PROPERTY ‘‘(4) AUDIT.—The term ‘audit’ means a roy- by paragraphs (1) and (3) of section 106 LAWS.—The holding and distribution of funds alty compliance examination to verify the against a digital music provider arising from by the mechanical licensing collective in ac- accuracy of royalty payments, or the con- the unauthorized reproduction or distribu- cordance with this subsection shall super- duct of such an examination, as applicable. tion of a musical work by such digital music sede and preempt any State law (including ‘‘(5) BLANKET LICENSE.—The term ‘blanket provider to engage in covered activities that common law) concerning escheatment or license’ means a compulsory license de- accrued no more than 3 years prior to the li- abandoned property, or any analogous provi- scribed in subsection (d)(1)(A) to engage in cense availability date, such action may be sion, that might otherwise apply. covered activities. commenced within 3 years of the date the ‘‘(F) RULE OF CONSTRUCTION.—Except as ex- ‘‘(6) COLLECTIVE TOTAL COSTS.—The term claim accrued, or up to 2 years after the li- pressly provided in this subsection, nothing ‘collective total costs’— cense availability date, whichever is later. in this subsection shall negate or limit the ‘‘(A) means the total costs of establishing, ‘‘(D) OTHER RIGHTS AND REMEDIES PRE- ability of any person to pursue an action in maintaining, and operating the mechanical SERVED.—Except as expressly provided in Federal court against the mechanical licens- licensing collective to fulfill its statutory this paragraph, nothing in this paragraph ing collective or any other person based upon functions, including— shall be construed to alter, limit, or negate a claim arising under this title or other ap- ‘‘(i) startup costs; any right or remedy of a copyright owner plicable law. ‘‘(ii) financing, legal, and insurance costs; with respect to unauthorized use of a musi- ‘‘(12) REGULATIONS.— ‘‘(iii) investments in information tech- cal work. ‘‘(A) ADOPTION BY REGISTER OF COPYRIGHTS nology, infrastructure, and other long-term ‘‘(11) LEGAL PROTECTIONS FOR LICENSING AC- AND COPYRIGHT ROYALTY JUDGES.—The Reg- resources; TIVITIES.— ister of Copyrights may conduct such pro- ‘‘(iv) outside vendor costs;

VerDate Sep 11 2014 04:58 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3532 CONGRESSIONAL RECORD — HOUSE April 25, 2018

‘‘(v) costs of licensing, royalty administra- ‘‘(14) INTERESTED.—The term ‘interested’, sound recordings of musical works are tion, and enforcement of rights; as applied to a party seeking to participate digitally transmitted to members of the pub- ‘‘(vi) costs of bad debt; and in a proceeding under subsection (d)(7)(D), is lic. ‘‘(vii) costs of automated and manual ef- a party as to which the Copyright Royalty ‘‘(30) SHARE.—The term ‘share’, as applied forts to identify and locate copyright owners Judges have not determined that the party to a musical work, means a fractional owner- of musical works (and shares of such musical lacks a significant interest in such pro- ship interest in such work. works) and match sound recordings to the ceeding. ‘‘(31) SIGNIFICANT NONBLANKET LICENSEE.— musical works the sound recordings embody; ‘‘(15) LICENSE AVAILABILITY DATE.—The The term ‘significant nonblanket licensee’— and term ‘license availability date’ means the ‘‘(A) means an entity, including a group of ‘‘(B) does not include any added costs in- next January 1 following the expiration of entities under common ownership or control curred by the mechanical licensing collec- the two-year period beginning on the enact- that, acting under the authority of one or tive to provide services under voluntary li- ment date. more voluntary licenses or individual censes. ‘‘(16) LIMITED DOWNLOAD.—The term ‘lim- download licenses, offers a service engaged ‘‘(7) COVERED ACTIVITY.—The term ‘covered ited download’ means a digital transmission in covered activities, and such entity or activity’ means the activity of making a dig- of a sound recording of a musical work in the group of entities— ital phonorecord delivery of a musical work, form of a download, where such sound re- ‘‘(i) is not currently operating under a including in the form of a permanent cording is accessible for listening only for a blanket license and is not obligated to pro- download, limited download, or interactive limited amount of time or specified number vide reports of usage reflecting covered ac- of times. tivities under subsection (d)(4)(A); stream, where such activity qualified for a ‘‘(17) MATCHED.—The term ‘matched’, as ‘‘(ii) has a direct contractual, subscription, compulsory license under this section. applied to a musical work (or share thereof), or other economic relationship with end ‘‘(8) DIGITAL MUSIC PROVIDER.—The term means that the copyright owner of such users of the service or, if no such relation- ‘digital music provider’ means a person (or work (or share thereof) has been identified ship with end users exists, exercises direct persons operating under the authority of and located. control over the provision of the service to that person) that, with respect to a service ‘‘(18) MECHANICAL LICENSING COLLECTIVE.— end users; and engaged in covered activities— The term ‘mechanical licensing collective’ ‘‘(iii) either— ‘‘(A) has a direct contractual, subscription, means the entity most recently designated ‘‘(I) on any day in a calendar month, or other economic relationship with end as such by the Register of Copyrights under makes more than 5,000 different sound re- users of the service, or, if no such relation- subsection (d)(3). cordings of musical works available through ship with end users exists, exercises direct ‘‘(19) MECHANICAL LICENSING COLLECTIVE such service; or control over the provision of the service to BUDGET.—The term ‘mechanical licensing ‘‘(II) derives revenue or other consider- end users; collective budget’ means a statement of the ation in connection with such covered activi- ‘‘(B) is able to fully report on any revenues financial position of the mechanical licens- ties greater than $50,000 in a calendar month, and consideration generated by the service; ing collective for a fiscal year or quarter or total revenue or other consideration and thereof based on estimates of expenditures greater than $500,000 during the preceding 12 ‘‘(C) is able to fully report on usage of during the period and proposals for financing calendar months; and sound recordings of musical works by the them, including a calculation of the collec- ‘‘(B) does not include— service (or procure such reporting). tive total costs. ‘‘(i) an entity whose covered activity con- ‘‘(9) DIGITAL LICENSEE COORDINATOR.—The ‘‘(20) MUSICAL WORKS DATABASE.—The term sists solely of free-to-the-user streams of term ‘digital licensee coordinator’ means the ‘musical works database’ means the database segments of sound recordings of musical entity most recently designated pursuant to described in subsection (d)(3)(E). works that do not exceed 90 seconds in subsection (d)(5). ‘‘(21) NONPROFIT.—The term ‘nonprofit’ length, are offered only to facilitate a li- ‘‘(10) DIGITAL PHONORECORD DELIVERY.—The means a nonprofit created or organized in a censed use of musical works that is not a term ‘digital phonorecord delivery’ means State. covered activity, and have no revenue di- each individual delivery of a phonorecord by ‘‘(22) NOTICE OF LICENSE.—The term ‘notice rectly attributable to such streams consti- digital transmission of a sound recording of license’ means a notice from a digital tuting the covered activity; or that results in a specifically identifiable re- music provider provided under subsection ‘‘(ii) a ‘public broadcasting entity’ as de- production by or for any transmission recipi- (d)(2)(A) for purposes of obtaining a blanket fined in section 118(f). ent of a phonorecord of that sound recording, license. ‘‘(32) SONGWRITER.—The term ‘songwriter’ regardless of whether the digital trans- ‘‘(23) NOTICE OF NONBLANKET ACTIVITY.— means the author of all or part of a musical mission is also a public performance of the The term ‘notice of nonblanket activity’ work, including a composer or lyricist. sound recording or any musical work em- means a notice from a significant non- ‘‘(33) STATE.—The term ‘State’ means each bodied therein, and includes a permanent blanket licensee provided under subsection State of the United States, the District of download, a limited download, or an inter- (d)(6)(A) for purposes of notifying the me- Columbia, and each territory or possession of active stream. A digital phonorecord deliv- chanical licensing collective that the li- the United States. ery does not result from a real-time, non- censee has been engaging in covered activi- ‘‘(34) UNCLAIMED ACCRUED ROYALTIES.—The interactive subscription transmission of a ties. term ‘unclaimed accrued royalties’ means sound recording where no reproduction of ‘‘(24) PERMANENT DOWNLOAD.—The term accrued royalties eligible for distribution the sound recording or the musical work em- ‘permanent download’ means a digital trans- under subsection (d)(3)(J). bodied therein is made from the inception of mission of a sound recording of a musical ‘‘(35) UNMATCHED.—The term ‘unmatched’, the transmission through to its receipt by work in the form of a download, where such as applied to a musical work (or share there- the transmission recipient in order to make sound recording is accessible for listening of), means that the copyright owner of such the sound recording audible. A digital phono- without restriction as to the amount of time work (or share thereof) has not been identi- record delivery does not include the digital or number of times it may be accessed. fied or located. transmission of sounds accompanying a mo- ‘‘(25) QUALIFIED AUDITOR.—The term ‘quali- ‘‘(36) VOLUNTARY LICENSE.—The term ‘vol- tion picture or other audiovisual work as de- fied auditor’ means an independent, certified untary license’ means a license for use of a fined in section 101 of this title. public accountant with experience per- musical work (or share thereof) other than a ‘‘(11) ENACTMENT DATE.—The term ‘enact- forming music royalty audits. compulsory license obtained under this sec- ment date’ means the date of the enactment ‘‘(26) RECORD COMPANY.—The term ‘record tion.’’. of the Musical Works Modernization Act. company’ means an entity that invests in, (b) TECHNICAL AND CONFORMING AMEND- ‘‘(12) INDIVIDUAL DOWNLOAD LICENSE.—The produces, and markets sound recordings of MENTS TO SECTION 801.—Section 801(b) of title term ‘individual download license’ means a musical works, and distributes such sound 17, United States Code, is amended— compulsory license obtained by a record recordings for remuneration through mul- (1) by redesignating paragraph (8) as para- company to make and distribute, or author- tiple sales channels, including a corporate graph (9); and ize the making and distribution of, perma- affiliate of such an entity engaged in dis- (2) by inserting after paragraph (7) the fol- nent downloads embodying a specific indi- tribution of sound recordings. lowing new paragraph: vidual musical work. ‘‘(27) REPORT OF USAGE.—The term ‘report ‘‘(8) To determine the administrative as- ‘‘(13) INTERACTIVE STREAM.—The term of usage’ means a report reflecting an enti- sessment to be paid by digital music pro- ‘interactive stream’ means a digital trans- ty’s usage of musical works in covered ac- viders under section 115(d). The provisions of mission of a sound recording of a musical tivities described in subsection (d)(4)(A). section 115(d) shall apply to the conduct of work in the form of a stream, where the per- ‘‘(28) REQUIRED MATCHING EFFORTS.—The proceedings by the Copyright Royalty formance of the sound recording by means of term ‘required matching efforts’ means ef- Judges under section 115(d) and not the pro- such transmission is not exempt under sec- forts to identify and locate copyright owners cedures described in this section, or section tion 114(d)(1) and does not in itself, or as a of musical works as described in subsection 803, 804, or 805.’’. result of a program in which it is included, (d)(10)(B)(i). (c) EFFECTIVE DATE OF AMENDED RATE SET- qualify for statutory licensing under section ‘‘(29) SERVICE.—The term ‘service’, as used TING STANDARD.—The amendments made by 114(d)(2). An interactive stream is a digital in relation to covered activities, means any subsections (a)(3)(D) and (b)(1) shall apply to phonorecord delivery. site, facility, or offering by or through which any proceeding before the Copyright Royalty

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3533 Judges that is pending on, or commenced on copyright owner or any transmitting entity section (a), is further amended in paragraph or after, the date of the enactment of this indicating that a new type of service on (4)(C), as so redesignated, by striking ‘‘under Act. which sound recordings are performed is or is paragraph (4)’’ and inserting ‘‘under para- (d) TECHNICAL AND CONFORMING AMEND- about to become operational, for the purpose graph (3)’’. MENTS TO TITLE 37, PART 385 OF THE CODE OF of determining reasonable terms and rates of (2) SECTION 801.—Section 801(b)(1) of title 17, FEDERAL REGULATIONS.—Within 9 months royalty payments with respect to such new United States Code, is amended by striking after the date of the enactment of this Act, type of service for the period beginning with ‘‘The rates applicable’’ and all that follows the Copyright Royalty Judges shall amend the inception of such new type of service and though ‘‘prevailing industry practices.’’. the regulations for section 115 in part 385 of ending on the date on which the royalty (3) SECTION 804.—Section 804(b)(3)(C) of title title 37, Code of Federal Regulations to con- rates and terms for eligible nonsubscription 17, United States Code, is amended— form the definitions used in such part to the services and new subscription services, or (A) in clause (i), by striking ‘‘and definitions of the same terms described in preexisting services, as the case may be, 114(f)(2)(C)’’; section 115(e) of title 17, United States Code, most recently determined under subpara- (B) in clause (iii)(II), by striking as amended by subsection (a). In so doing, graph (A) or (B) and chapter 8 expire, or such ‘‘114(f)(4)(B)(ii)’’ and inserting the Copyright Royalty Judges shall make other period as the parties may agree.’’; and ‘‘114(f)(3)(B)(ii)’’; and adjustments to the language of the regula- (2) by redesignating paragraphs (3), (4), and (C) in clause (iv), by striking ‘‘or tions as necessary to achieve the same pur- (5) as paragraphs (2), (3), and (4), respec- 114(f)(2)(C), as the case may be’’. pose and effect as the original regulations tively. with respect to the rates and terms pre- (b) REPEAL.—Subsection (i) of section 114 SEC. 104. RANDOM ASSIGNMENT OF RATE COURT PROCEEDINGS. viously adopted by the Copyright Royalty of title 17, United States Code, is repealed. (c) USE IN MUSICAL WORK PROCEEDINGS.— Judges. Section 137 of title 28, United States Code, (1) IN GENERAL.—License fees payable for SEC. 103. AMENDMENTS TO SECTION 114. is amended— the public performance of sound recordings (1) by striking ‘‘The business’’ and insert- (a) UNIFORM RATE STANDARD.—Section under section 106(6) of title 17, United States 114(f) of title 17, United States Code, is ing ‘‘(a) IN GENERAL.—The business’’; and Code, shall not be taken into account in any (2) by adding at the end the following new amended— administrative, judicial, or other govern- subsection: (1) by striking paragraphs (1) and (2) and mental proceeding to set or adjust the royal- inserting the following: ties payable to musical work copyright own- ‘‘(b) RANDOM ASSIGNMENT OF RATE COURT ‘‘(1)(A) Proceedings under chapter 8 shall ers for the public performance of their works PROCEEDINGS.— determine reasonable rates and terms of roy- except in such a proceeding to set or adjust ‘‘(1) IN GENERAL.— alty payments for transmissions subject to royalties for the public performance of musi- ‘‘(A) DETERMINATION OF LICENSE FEE.—Ex- statutory licensing under subsection (d)(2) cal works by means of a digital audio trans- cept as provided in subparagraph (B), in the during the 5-year period beginning on Janu- mission other than a transmission by a case of any performing rights society subject ary 1 of the second year following the year in broadcaster, and may be taken into account to a consent decree, any application for the which the proceedings are to be commenced only with respect to such digital audio trans- determination of a license fee for the public pursuant to subparagraph (A) or (B) of sec- mission. performance of music in accordance with the tion 804(b)(3), as the case may be, or such (2) DEFINITIONS.—In this subsection: applicable consent decree shall be made in other period as the parties may agree. The (A) TRANSMISSION BY A BROADCASTER.—A the district court with jurisdiction over that parties to each proceeding shall bear their ‘‘transmission by a broadcaster’’ means a consent decree and randomly assigned to a own costs. nonsubscription digital transmission made judge of that district court according to that ‘‘(B) The schedule of reasonable rates and by a terrestrial broadcast station on its own court’s rules for the division of business terms determined by the Copyright Royalty behalf, or on the behalf of a terrestrial among district judges currently in effect or Judges shall, subject to paragraph (2), be broadcast station under common ownership as may be amended from time to time, pro- binding on all copyright owners of sound re- or control, that is not part of an interactive vided that any such application shall not be cordings and entities performing sound re- service or a music-intensive service com- assigned to— cordings affected by this paragraph during prising the transmission of sound recordings ‘‘(i) a judge to whom continuing jurisdic- the 5-year period specified in subparagraph customized for or customizable by recipients tion over any performing rights society for (A), or such other period as the parties may or service users. any performing rights society consent decree agree. Such rates and terms shall distinguish (B) TERRESTRIAL BROADCAST STATION.—A is assigned or has previously been assigned; among the different types of services then in ‘‘terrestrial broadcast station’’ means a ter- or operation and shall include a minimum fee restrial, over-the-air radio or television ‘‘(ii) a judge to whom another proceeding for each such type of service, such dif- broadcast station, licensed as such by the concerning an application for the determina- ferences to be based on criteria including the Federal Communications Commission, in- tion of a reasonable license fee is assigned at quantity and nature of the use of sound re- cluding an FM Translator as defined in sec- the time of the filing of the application. cordings and the degree to which use of the tion 74.1231 of title 47, Code of Federal Regu- ‘‘(B) EXCEPTION.—Subparagraph (A) does service may substitute for or may promote lations, and whose primary business activi- not apply to an application to determine rea- the purchase of phonorecords by consumers. ties are comprised of, and revenues are gen- sonable license fees made by individual pro- The Copyright Royalty Judges shall estab- erated through, terrestrial, over-the-air prietors under section 513 of title 17. lish rates and terms that most clearly rep- broadcast transmissions, or the simulta- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in resent the rates and terms that would have neous or substantially-simultaneous digital paragraph (1) shall modify the rights of any been negotiated in the marketplace between retransmission by the terrestrial, over-the- party to a consent decree or to a proceeding a willing buyer and a willing seller. In deter- air broadcast station of its over-the-air to determine reasonable license fees, to mining such rates and terms, the Copyright broadcast transmissions. make an application for the construction of Royalty Judges— (d) RULE OF CONSTRUCTION.—Subsection any provision of the applicable consent de- ‘‘(i) shall base their decision on economic, (c)(2) shall not be given effect in interpreting cree. Such application shall be referred to competitive, and programming information provisions of title 17, United States Code. the judge to whom continuing jurisdiction (e) USE IN SOUND RECORDING PRO- presented by the parties, including— over the applicable consent decree is cur- CEEDINGS.—The repeal of section 114(i) of ‘‘(I) whether use of the service may sub- rently assigned. If any such application is title 17, United States Code, by subsection stitute for or may promote the sales of made in connection with a rate proceeding, phonorecords or otherwise may interfere (b) shall not be taken into account in any proceeding to set or adjust the rates and fees such rate proceeding shall be stayed until with or may enhance the sound recording payable for the use of sound recordings under the final determination of the construction copyright owner’s other streams of revenue section 112(e) or section 114(f) of such title application. Disputes in connection with a from the copyright owner’s sound recordings; that is pending on, or commenced on or rate proceeding about whether a licensee is and after, the date of the enactment of this Act. similarly situated to another licensee shall ‘‘(II) the relative roles of the copyright (f) DECISIONS AND PRECEDENTS NOT AF- not be subject to referral to the judge with owner and the transmitting entity in the FECTED.—The repeal of section 114(i) of title continuing jurisdiction over the applicable copyrighted work and the service made 17, United States Code, by subsection (b) consent decree.’’. available to the public with respect to rel- shall not have any effect upon the decisions, ative creative contribution, technological or the precedents established or relied upon, TITLE II—COMPENSATING LEGACY ART- contribution, capital investment, cost, and in any proceeding to set or adjust the rates ISTS FOR THEIR SONGS, SERVICE, AND risk; and and fees payable for the use of sound record- IMPORTANT CONTRIBUTIONS TO SOCI- ‘‘(ii) may consider the rates and terms for ings under section 112(e) or section 114(f) of ETY comparable types of audio transmission serv- such title before the date of the enactment SEC. 201. SHORT TITLE. ices and comparable circumstances under of this Act. voluntary license agreements. (g) TECHNICAL AND CONFORMING AMEND- This title may be cited as the ‘‘Compen- ‘‘(C) The procedures under subparagraphs MENTS.— sating Legacy Artists for their Songs, Serv- (A) and (B) shall also be initiated pursuant (1) SECTION 114.—Section 114(f) of title 17, ice, and Important Contributions to Society to a petition filed by any sound recording United States Code, as amended by sub- Act’’ or the ‘‘CLASSICS Act’’.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3534 CONGRESSIONAL RECORD — HOUSE April 25, 2018 SEC. 202. UNAUTHORIZED DIGITAL PERFORM- graphs (5) and (6) of section 114(g)), distribute sound recordings under the laws of any ANCE OF PRE-1972 SOUND RECORD- the royalties received under paragraph (2) State. INGS. under the license described in paragraph (2). ‘‘(e) LIMITATIONS ON REMEDIES.— (a) PROTECTION FOR UNAUTHORIZED DIGITAL Such payments shall be the only payments ‘‘(1) FAIR USE; USES BY LIBRARIES, ARCHIVES, PERFORMANCES.—Title 17, United States to which featured and nonfeatured artists AND EDUCATIONAL INSTITUTIONS.—The limita- Code, is amended by adding at the end the are entitled by virtue of the transmissions tions on the exclusive rights of a copyright following new chapter: described in paragraph (2) under the license. owner described in sections 107, 108, and ‘‘CHAPTER 14—UNAUTHORIZED DIGITAL ‘‘(4) RULE OF CONSTRUCTION.—This section 110(1) and (2) shall apply to a claim under PERFORMANCE OF PRE-1972 SOUND RE- does not prohibit any other license from di- subsection (a) for the unauthorized perform- CORDINGS recting the licensee to pay other royalties ance of a sound recording fixed on or after ‘‘Sec. due to featured and nonfeatured artists for January 1, 1923, and before February 15, 1972. ‘‘1401. Unauthorized digital performance of such transmissions to the collective des- ‘‘(2) ACTIONS.—The limitations on actions pre-1972 sound recordings. ignated to distribute receipts from the li- described in section 507 shall apply to a claim under subsection (a) for the unauthor- ‘‘§ 1401. Unauthorized digital performance of censing of transmissions in accordance with ized performance of a sound recording fixed pre-1972 sound recordings section 114(f). on or after January 1, 1923, and before Feb- ‘‘(d) RELATIONSHIP TO STATE LAW.— ‘‘(a) UNAUTHORIZED ACTS.—Anyone who, ruary 15, 1972. ‘‘(1) IN GENERAL.—Nothing in this section before February 15, 2067, and without the ‘‘(3) MATERIAL ONLINE.—Section 512 shall consent of the rights owner, performs pub- shall be construed to annul or limit any apply to a claim under subsection (a) for the licly, by means of a digital audio trans- rights or remedies under the common law or unauthorized performance of a sound record- mission, a sound recording fixed on or after statutes of any State for sound recordings ing fixed on or after January 1, 1923, and be- January 1, 1923, and before February 15, 1972, fixed before February 15, 1972, except, not- fore February 15, 1972. withstanding section 301(c), for the fol- shall be subject to the remedies provided in ‘‘(4) PRINCIPLES OF EQUITY.—Principles of sections 502 through 505 to the same extent lowing: equity apply to remedies for a violation of as an infringer of copyright. ‘‘(A) This section preempts any claim of this section to the same extent as such prin- ‘‘(b) CERTAIN AUTHORIZED TRANSMISSIONS.— common law copyright or equivalent right ciples apply to remedies for infringement of A digital audio transmission of a sound re- under the laws of any State arising from any copyright. cording fixed on or after January 1, 1923, and digital audio transmission that is made, on ‘‘(5) FILING REQUIREMENT FOR STATUTORY before February 15, 1972, shall, for purposes and after the date of the enactment of this DAMAGES AND ATTORNEYS’ FEES.— of subsection (a), be considered to be author- section, of a sound recording fixed on or ‘‘(A) FILING OF INFORMATION ON SOUND RE- ized and made with the consent of the rights after January 1, 1923, and before February 15, CORDINGS.— owner if— 1972. ‘‘(i) FILING REQUIREMENT.—Except in the ‘‘(1) the transmission is made by a trans- ‘‘(B) This section preempts any claim of case of a transmitting entity that has filed mitting entity that is publicly performing common law copyright or equivalent right contact information for that transmitting sound recordings fixed on or after February under the laws of any State arising from any entity under subparagraph (B), in any action 15, 1972, by means of digital audio trans- reproduction that is made, on and after the under this section, an award of statutory missions subject to section 114; date of the enactment of this section, of a damages or of attorneys’ fees under section ‘‘(2) the transmission would satisfy the re- sound recording fixed on or after January 1, 504 or 505 may be made with respect to an un- quirements for statutory licensing under sec- 1923, and before February 15, 1972, and that authorized transmission of a sound recording tion 114(d)(2), or would be exempt under sec- would satisfy the requirements for statutory under subsection (a) only if— tion 114(d)(1), if the sound recording were licensing under paragraphs (1) and (6) of sec- ‘‘(I) the rights owner has filed with the fixed on or after February 15, 1972; tion 112(e), if the sound recording were fixed Copyright Office a schedule that specifies ‘‘(3) in the case of a transmission that on or after February 15, 1972. the title, artist, and rights owner of the would not be exempt under section 114(d)(1) ‘‘(C) This section preempts any claim of sound recording and contains such other in- as described in paragraph (2), the transmit- common law copyright or equivalent right formation, as practicable, as the Register of ting entity pays statutory royalties and pro- under the laws of any State arising from any Copyrights prescribes by regulation; and vides notice of its use of the relevant sound digital audio transmission or reproduction ‘‘(II) the transmission is made after the recordings in the same manner as is required that is made, before the date of the enact- end of the 90-day period beginning on the by regulations adopted by the Copyright ment of this section, of a sound recording date on which the information filed under Royalty Judges for sound recordings fixed on fixed on or after January 1, 1923, and before subclause (I) is indexed into the public or after February 15, 1972; and February 15, 1972, if— records of the Copyright Office. ‘‘(4) in the case of a transmission that ‘‘(i) the digital audio transmission would ‘‘(ii) REGULATIONS.—The Register of Copy- would not be exempt under section 114(d)(1) have satisfied the requirements for statutory rights shall, before the end of the 180-day pe- as described in paragraph (2), the transmit- licensing under section 114(d)(2) or been ex- riod beginning on the date of the enactment ting entity otherwise satisfies the require- empt under section 114(d)(1), or the reproduc- of this section, issue regulations establishing ments for statutory licensing under section tion would have satisfied the requirements of the form, content, and procedures for the fil- 114(f)(4)(B). section 112(e)(1), as the case may be, if the ing of schedules under clause (i). Such regu- ‘‘(c) TRANSMISSIONS BY DIRECT LICENSING sound recording were fixed on or after Feb- lations shall provide that persons may re- OF STATUTORY SERVICES.— ruary 15, 1972; and quest that they receive timely notification ‘‘(1) IN GENERAL.—A transmission of a ‘‘(ii) except in the case of transmissions of such filings, and shall set forth the man- sound recording fixed on or after January 1, that would have been exempt under section ner in which such requests may be made. 1923, and before February 15, 1972, shall, for 114(d)(1), the transmitting entity, before the ‘‘(B) FILING OF CONTACT INFORMATION FOR purposes of subsection (a), be considered to end of the 270-day period beginning on the TRANSMITTING ENTITIES.— be authorized and made with the consent of date of the enactment of this section, pays ‘‘(i) FILING REQUIREMENT.—The Register of the rights owner if such transmission is in- statutory royalties and provides notice of Copyrights shall, before the end of the 30-day cluded in a license agreement voluntarily ne- the use of the relevant sound recordings in period beginning on the date of the enact- gotiated at any time between the rights the same manner as is required by regula- ment of this section, issue regulations estab- owner and the entity performing the sound tions adopted by the Copyright Royalty lishing the form, content, and procedures for recording. Judges for sound recordings that are pro- the filing, by any entity that, as of the date ‘‘(2) PAYMENT OF ROYALTIES TO NONPROFIT tected under this title for all the digital of the enactment of this section, performs COLLECTIVE.—To the extent that such a li- audio transmissions and reproductions satis- sound recordings fixed before February 15, cense agreement entered into on or after the fying the requirements for statutory licens- 1972, by means of digital audio trans- date of the enactment of this section extends ing under section 114(d)(2) and section missions, of contact information for such en- to digital audio transmissions of a sound re- 112(e)(1) during the 3 years prior to the date tity. cording fixed on or after January 1, 1923, and of the enactment of this section. ‘‘(ii) TIME LIMIT ON FILINGS.—The Register before February 15, 1972, that meet the con- ‘‘(2) RULE OF CONSTRUCTION FOR COMMON of Copyrights may accept filings under ditions of subsection (b), the licensee shall LAW COPYRIGHT.—For purposes of subpara- clause (i) only until the 180th day after the pay, to the collective designated to dis- graphs (A) through (C) of paragraph (1), a date of the enactment of this section. tribute receipts from the licensing of trans- claim of common law copyright or equiva- ‘‘(iii) LIMITATION ON STATUTORY DAMAGES missions in accordance with section 114(f), 50 lent right under the laws of any State in- AND ATTORNEYS’ FEES.— percent of the performance royalties for the cludes a claim that characterizes conduct ‘‘(I) LIMITATION.—An award of statutory transmissions due under the license, with subject to such subparagraphs as an unlawful damages or of attorneys’ fees under section such royalties fully credited as payments distribution, act of record piracy, or similar 504 or 505 may not be made, against an entity due under the license. violation. that has filed contact information for that ‘‘(3) DISTRIBUTION OF ROYALTIES BY COLLEC- ‘‘(3) RULE OF CONSTRUCTION FOR PUBLIC PER- entity under clause (i), with respect to an TIVE.—The collective described in paragraph FORMANCE RIGHTS.—Nothing in this section unauthorized transmission by that entity of (2) shall, in accordance with subparagraphs shall be construed to recognize or negate the a sound recording under subsection (a) if the (B) through (D) of section 114(g)(2), and para- existence of public performance rights in transmission is made before the end of the

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3535

90-day period beginning on the date on which of the sound recording. In this section, such ‘‘(B) ELIGIBILITY FOR PAYMENT.—A person the entity receives a notice that— instructions shall be referred to as a ‘letter shall be eligible for payment under subpara- ‘‘(aa) is sent by or on behalf of the rights of direction’. graph (A) if the person— owner of the sound recording; ‘‘(B) ACCEPTANCE OF LETTER.—To the ex- ‘‘(i) is a producer, mixer, or sound engineer ‘‘(bb) states that the entity is not legally tent that the collective accepts a letter of di- of the sound recording; authorized to transmit that sound recording rection under subparagraph (A), the person ‘‘(ii) has entered into a written contract under subsection (a); and entitled to payment pursuant to the letter of with a record company involved in the cre- ‘‘(cc) identifies the sound recording in a direction shall, during the period in which ation or lawful exploitation of the sound re- schedule conforming to the requirements the letter of direction is in effect and carried cording, or with the recording artist or art- prescribed by the regulations issued under out by the collective, be treated for all pur- ists featured on the sound recording (or the subparagraph (A)(ii). poses as the owner of the right to receive persons conveying rights in the artists’ per- ‘‘(II) UNDELIVERABLE NOTICES.—In any case such payment, and the artist payee pro- formance in the sound recording), under in which a notice under subclause (I) is sent viding the letter of direction to the collec- which the person seeking payment is enti- to an entity by mail or courier service and tive shall be treated as having no interest in tled to participate in royalty payments that the notice is returned to the sender because such payment. are based on the exploitation of the sound re- the entity either is no longer located at the ‘‘(C) AUTHORITY OF COLLECTIVE.—This para- cording and are payable from royalties oth- address provided in the contact information graph shall not be construed in such a man- erwise payable to the recording artist or art- filed under clause (i) or has refused to accept ner so that the collective is not authorized ists featured on the sound recording (or the delivery, or the notice is sent by electronic to accept or act upon payment instructions persons conveying rights in the artists’ per- mail and is undeliverable, the 90-day period in circumstances other than those to which formance in the sound recording); under subclause (I) shall begin on the date of this paragraph applies.’’. ‘‘(iii) made a creative contribution to the creation of the sound recording; and the attempted delivery. (b) ADDITIONAL PROVISIONS FOR RECORDINGS ‘‘(iv) submits a written certification to the ‘‘(C) SECTION 412.—Section 412 shall not FIXED BEFORE NOVEMBER 1, 1995.—Section collective stating, under penalty of perjury, limit an award of statutory damages under 114(g) of title 17, United States Code, as that the person meets the requirements in section 504(c) or attorneys’ fees under sec- amended by subsection (a), is further amend- tion 505 with respect to an unauthorized clauses (i) through (iii) and includes a true ed by adding at the end the following new copy of the contract described in clause (ii). transmission of a sound recording under subparagraph: section (a). ‘‘(C) MULTIPLE CERTIFICATIONS.—Subject to ‘‘(6) SOUND RECORDINGS FIXED BEFORE NO- subparagraph (D), in a case in which more ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— VEMBER 1, 1995.— ‘‘(A) IN GENERAL.—Subject to subparagraph than one person described in subparagraph ‘‘(A) PAYMENT ABSENT LETTER OF DIREC- (B) has met the requirements for a distribu- (B), no provision of this title shall apply to TION.—A nonprofit collective designated by or limit the remedies available under this tion under subparagraph (A) with respect to the Copyright Royalty Judges to distribute a sound recording as of the date that is 10 section except as otherwise provided in this receipts from the licensing of transmissions section. business days before the date on which a dis- in accordance with subsection (f) (in this tribution is made, the collective shall divide ‘‘(B) APPLICABILITY OF DEFINITIONS.—Any paragraph referred to as the ‘collective’) term used in this section that is defined in the 2 percent distribution equally among all shall adopt and reasonably implement a pol- such persons. section 101 shall have the meaning given icy that provides, in circumstances deter- ‘‘(D) OBJECTION TO PAYMENT.—Not later that term in section 101. mined by the collective to be appropriate, than 10 business days after the date on which ‘‘(f) APPLICATION OF SECTION 230 SAFE HAR- for the deduction of 2 percent of all the re- the collective receives from the artist payee BOR.—For purposes of section 230 of the Com- ceipts that are collected from the licensing a written objection to a distribution made munications Act of 1934 (47 U.S.C. 230), sub- of transmissions of a sound recording fixed pursuant to subparagraph (A), the collective section (a) shall be considered to be a ‘law before November 1, 1995, but which is with- shall cease making any further payment re- pertaining to intellectual property’ under drawn from the amount otherwise payable lating to such distribution. In any case in subsection (e)(2) of such section. under paragraph (2)(D) to the recording art- which the collective has made one or more ‘‘(g) RIGHTS OWNER DEFINED.—In this sec- ist or artists featured on the sound recording distributions pursuant to subparagraph (A) tion, the term ‘rights owner’ means the per- (or the persons conveying rights in the art- to a person described in subparagraph (B) be- son who has the exclusive right to reproduce ists’ performance in the sound recording), fore the date that is 10 business days after a sound recording under the laws of any and the distribution of such amount to one the date on which the collective receives State.’’. or more persons described in subparagraph from the artist payee an objection to such (b) CONFORMING AMENDMENT.—The table of (B), after deduction of costs described in distribution, the objection shall not affect chapters for title 17, United States Code, is paragraph (3) or (4), as applicable, if each of that person’s entitlement to any distribution amended by adding at the end the following the following requirements is met: made before the collective ceases such dis- new chapter: ‘‘(i) CERTIFICATION OF ATTEMPT TO OBTAIN A tribution under this subparagraph. ‘‘14. Unauthorized digital perform- LETTER OF DIRECTION.—The person described ‘‘(E) OWNERSHIP OF THE RIGHT TO RECEIVE ance of pre-1972 sound recordings 1401’’. in subparagraph (B) who is to receive the dis- PAYMENTS.—To the extent that the collective SEC. 203. EFFECTIVE DATE. tribution has certified to the collective, determines that a distribution will be made This title and the amendments made by under penalty of perjury, that— under subparagraph (A) to a person described this title shall take effect on the date of the ‘‘(I) for a period of at least 4 months, that in subparagraph (B), such person shall, dur- enactment of this Act. person made reasonable efforts to contact ing the period covered by such distribution, the artist payee for such sound recording to TITLE III—ALLOCATION FOR MUSIC be treated for all purposes as the owner of request and obtain a letter of direction in- PRODUCERS the right to receive such payments, and the structing the collective to pay to that person artist payee to whom such payments would SEC. 301. SHORT TITLE. a portion of the royalties payable to the fea- otherwise be payable shall be treated as hav- This title may be cited as the ‘‘Allocation tured recording artist or artists; and ing no interest in such payments. for Music Producers Act’’ or the ‘‘AMP Act’’. ‘‘(II) during the period beginning on the ‘‘(F) ARTIST PAYEE DEFINED.—In this para- SEC. 302. PAYMENT OF STATUTORY PERFORM- date that person began the reasonable efforts graph, the term ‘artist payee’ means a per- ANCE ROYALTIES. described in subclause (I) and ending on the son, other than a person described in sub- (a) LETTER OF DIRECTION.—Section 114(g) of date of that person’s certification to the col- paragraph (B), who owns the right to receive title 17, United States Code, is amended by lective, the artist payee did not affirm or all or part of the receipts payable under adding at the end the following new para- deny in writing the request for a letter of di- paragraph (2)(D) with respect to a sound re- graph: rection. cording. In a case in which there are mul- ‘‘(5) LETTER OF DIRECTION.— ‘‘(ii) COLLECTIVE ATTEMPT TO CONTACT ART- tiple artist payees with respect to a sound ‘‘(A) IN GENERAL.—A nonprofit collective IST.—After receipt of the certification de- recording, an objection by one such payee designated by the Copyright Royalty Judges scribed in clause (i) and for a period of at shall apply only to that payee’s share of the to distribute receipts from the licensing of least 4 months before the collective’s first receipts payable under paragraph (2)(D), and transmissions in accordance with subsection distribution to the person described in sub- does not preclude payment under subpara- (f) shall adopt and reasonably implement a paragraph (B), the collective attempted, in a graph (A) from the share of an artist payee policy that provides, in circumstances deter- reasonable manner as determined by the col- that does not so object.’’. mined by the collective to be appropriate, lective, to notify the artist payee of the cer- (c) TECHNICAL AND CONFORMING AMEND- for acceptance of instructions from an artist tification made by the person described in MENTS.—Section 114(g) of title 17, United payee identified under subparagraph (A) or subparagraph (B). States Code, as amended by subsections (a) (D) of paragraph (2) to distribute, to a pro- ‘‘(iii) NO OBJECTION RECEIVED.—The artist and (b), is further amended— ducer, mixer, or sound engineer who was part payee did not, as of the date that is 10 busi- (1) in paragraph (2), by striking ‘‘An agent of the creative process that created a sound ness days before the date on which the first designated’’ and inserting ‘‘Except as pro- recording, a portion of the payments to distribution is made, submit to the collec- vided for in paragraph (6), a nonprofit collec- which the artist payee would otherwise be tive in writing an objection to the distribu- tive designated by the Copyright Royalty entitled from the licensing of transmissions tion. Judges’’;

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 H3536 CONGRESSIONAL RECORD — HOUSE April 25, 2018 (2) in paragraph (3)— foundation upon which several bills to thermore, libraries and archives gain (A) by striking ‘‘nonprofit agent des- reform our copyright laws were con- educational and fair use access to pre- ignated’’ and inserting ‘‘nonprofit collective structed. 1972 works currently governed under designated by the Copyright Royalty During the course of this review, we State law. Judges’’; (B) by striking ‘‘another designated agent’’ learned that our music licensing laws This bill is the work product of many and inserting ‘‘another designated nonprofit were no longer working as intended for stakeholders and many Members. I collective’’; and songwriters, artists, and creators, or want to highlight the work of several (C) by striking ‘‘agent’’ and inserting ‘‘col- for the companies that deliver the of my colleagues, including the rank- lective’’ each subsequent place it appears; music in innovative ways for con- ing member, who were leaders in work- (3) in paragraph (4)— sumers. ing on the underlying components of (A) by striking ‘‘designated agent’’ and in- Specifically, we have heard about this bill. serting ‘‘nonprofit collective’’; and several key problems, including a dys- I want to especially thank Mr. COL- (B) by striking ‘‘agent’’ and inserting ‘‘col- functional mechanical licensing sys- LINS and Mr. JEFFRIES for their leader- lective’’ each subsequent place it appears; and tem that seems to generate more pa- ship on section 115 reform. I would like (4) by adding at the end the following new perwork and attorneys’ fees than roy- to thank Mr. ISSA and Mr. NADLER for paragraph: alties; a need to provide protection for their leadership on behalf of pre-1972 ‘‘(7) PREEMPTION OF STATE PROPERTY pre-1972 performances; a lack of rec- performers. I would also like to thank LAWS.—The holding and distribution of re- ognition in the law for the creative Mr. CROWLEY and Mr. ROONEY for their ceipts under section 112 and this section by a input of producers, sound engineers, efforts on behalf of producers, mixers, nonprofit collective designated by the Copy- and mixers; and a lack of a unified rate and sound engineers. right Royalty Judges in accordance with this standard for music royalties. And last but not least, I would like to subsection and regulations adopted by the Copyright Royalty Judges shall supersede The Judiciary Committee regularly thank Ranking Member NADLER for his and preempt any State law (including com- hears from a variety of groups inter- leadership on these issues and for his mon law) concerning escheatment or aban- ested in copyright law, and it will not willingness to partner with me in put- doned property, or any analogous provision, surprise anyone to know that, typi- ting these pieces together into a com- that might otherwise apply.’’. cally, not everyone agrees regarding prehensive and consensus music licens- SEC. 303. EFFECTIVE DATE. what changes to title 17 are necessary. ing reform package. (a) IN GENERAL.—Except as provided in One person’s problem may be another’s Sometimes big pieces of legislation subsection (b), this title and the amend- benefit, and some have preferred a bro- can come together only through the ef- ments made by this title shall take effect on ken system over an unknown change. forts of a large number of people who the date of the enactment of this Act. (b) DELAYED EFFECTIVE DATE.—The effec- However, in a reflection of how bad invest their time in making change tive date for paragraphs (5)(B) and (6)(E) of our music statutes are, the opposite is happen, as so many Members and so section 114(g) of title 17, United States Code, true with respect to the bill before us many stakeholders in the music and as added by section 302, shall be January 1, today. Every party that has spoken digital delivery communities have 2020. about music recognizes the problems done. It also has to happen at the right The SPEAKER pro tempore. Pursu- caused by our current licensing frame- time. ant to the rule, the gentleman from work and wants real solutions. The ex- I would note that only 1 week ago, Virginia (Mr. GOODLATTE) and the gen- isting music provisions of title 17 are GRAMMYs on the Hill brought hun- tleman from New York (Mr. NADLER) simply that bad. dreds of artists to D.C. to explain to each will control 20 minutes. I tasked the industry to come to- their own Members of Congress how The Chair recognizes the gentleman gether with a unified reform bill and, important an updated licensing system from Virginia. to their credit, they delivered, albeit is to them. This bill delivers that for GENERAL LEAVE with an occasional bump along the them just 1 day before World Intellec- Mr. GOODLATTE. Mr. Speaker, I ask way. Today, the major players in the tual Property Day, when we recognize unanimous consent that all Members music industry are unified in sup- the value of intellectual property and may have 5 legislative days within porting comprehensive music licensing those who create it. So I am on safe which to revise and extend their re- reform to bring the state of our Na- ground when I say that this bill fits marks and include extraneous mate- tion’s copyright laws into the digital right into the perfect sweet spot on rials on H.R. 5447, currently under con- age that the industry itself has already both timing and substance. sideration. transitioned to. Mr. Speaker, I urge my colleagues to The SPEAKER pro tempore. Is there While no bill is perfect, by all ac- support this important piece of legisla- objection to the request of the gen- counts, this is a bill with over- tion, and I reserve the balance of my tleman from Virginia? whelming consensus behind it. Groups time. There was no objection. that represent songwriters, musical Mr. NADLER. Mr. Speaker, I yield Mr. GOODLATTE. Mr. Speaker, I works copyright owners, digital music myself such time as I may consume. yield myself such time as I may con- providers, individual artists, sound re- Mr. Speaker, I rise in support of the sume. cording copyright owners, artist guilds, Music Modernization Act. I am proud Mr. Speaker, today, the House brings and performing rights organizations all to partner with Chairman GOODLATTE early 20th century music laws for the support the bill. on this comprehensive bill intended to analog era into the 21st century digital The reasons for such widespread sup- resolve some longstanding inequities era. These changes are a culmination port are clear: and inefficiencies in the music market- of years of effort by interested parties The Music Modernization Act boosts place. We have achieved consensus on as well as by many members of the Ju- payments for copyright owners and this bill, which passed out of the Judi- diciary Committee. artists by shifting the reasonable costs ciary Committee by a remarkable vote The problems and failures in our Na- of a new mechanical licensing collec- of 32–0. tion’s music laws have imposed real fi- tive onto digital music services that, The package includes the original nancial costs upon artists and creators. themselves, benefit from reduced liti- Music Modernization Act, H.R. 4706, in- Music is no longer written on piano gation costs as a result of other provi- troduced by Mr. COLLINS and Mr. rolls and our laws shouldn’t be based sions in the bill. JEFFRIES, which significantly reforms on that technology any longer either. Songwriters gain a seat at the table the process for licensing mechanical Several years ago, the Judiciary in seeing how their royalties are col- reproduction royalties under section Committee began a comprehensive re- lected and then allocated. 115 of the Copyright Act. It also in- view of our Nation’s copyright laws. Pre-1972 artists who currently go un- cludes a number of provisions to ensure We held dozens of hearings, heard from paid will finally see royalties for their that songwriters and other music cre- over 100 witnesses, and traveled to mul- creations, as will sound engineers, mix- ators receive fair market value for tiple cities across the country to hear ers, and producers. The public benefits, their work. directly from stakeholders who use too, by having immediate access to all The package includes the CLASSICS these laws. This review provided the music on their favorite services. Fur- Act, H.R. 3301, introduced by Chairman

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.010 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3537 ISSA and me, to resolve the dispute with overwhelming support and said take me to places far away from north- over payment to legacy artists for pre- this is where we need to be. east Georgia and let me travel the 1972 works played on digital radio plat- I can remember when the chairman world long before I could even drive a forms. first laid out a vision that would deal car. For too long, many of our Nation’s with copyright. Most thought it was a When we talk about copyright and we great cultural icons have been unfairly dream that would never happen. In talk about the creator’s spirit, it is denied compensation. That is why this fact, some thought we would never about the creator’s spirit, what comes measure is supported by the NAACP even get text that people could agree out of their heart, that comes out of and more than 300 major artists. on. They were wrong, because we did. their mind, that comes through their The bill includes the AMP Act, H.R. I want to thank the leadership of hands and out of their mouths and into 831, introduced by Mr. CROWLEY and Chairman GOODLATTE and Ranking the lives that touch everyone of whom Mr. ROONEY, to simplify the payment Member NADLER for their tireless com- we become a part. of royalties to producers, mixers, and mitment to getting something done on This is about something bigger than engineers, recognizing in Federal copy- copyright, which ultimately got us ourselves. And my friend HAKEEM and right their important contributions to here. I thank their staffs: Joe Keeley, all the rest who have worked on this the creation of music. Lisette Morton, and Jason Everett. show that this place, when put prop- Several of these measures were in- Also in this, Mr. Speaker, there is erly forward, can touch the very soul of cluded in the Fair Play Fair Pay Act, someone whom I also want to thank America. We have new ways of hearing H.R. 1836, a bipartisan bill I introduced who, not only in this bill but in many that music nowadays, long past a with Representative MARSHA BLACK- others, epitomizes to me what is good radio. And the digital companies need- BURN, Chairman ISSA, and Mr. DEUTCH, about this institution. The Music Mod- ed a place where they could give music to create a uniform system for sound ernization Act has put my friend to others, but songwriters needed to be recordings. They, along with Mr. COL- HAKEEM JEFFRIES and I in, again, a fairly compensated. When I think of my friends who write LINS and Mr. JEFFRIES, deserve a tre- leading role and is living proof that a mendous amount of credit for getting rural Member from northeast Georgia music—HAKEEM, we have talked to so many—it is about hopes, it is about us to this point. and a Democrat from Brooklyn can We are at a unique moment in time find common ground. With HAKEEM and dreams, it is about everything in this place. Any one of us in here would where virtually all the industry stake- I, we know that we can come together think of a song that could make us holders have come together in support with good product when we have the think of the first time we fell in love, of a common music policy agenda. The right intentions in mind. the first time we had our heart broken, bill is supported by a broad coalition Senators HATCH and ALEXANDER have the first time we laid someone to rest, that includes songwriters and artists, been champions in the Senate, where the first time we got that joyful noise publishers and labels, and internet and they have introduced companion legislation. Congressmen ISSA, ROONEY, and of a new job or a new hope. digital media companies such as Pan- Today, Mr. Speaker, we come car- CROWLEY have all been key players, dora, Spotify, Google, and Amazon. rying the dreams of those who have not I want to thank the members of my and many from different States have all taken part in this. As I have said even yet understood a song, of those staff who worked for years to resolve who have not yet understood a melody. some very complex and sensitive issues earlier, they come from many places: David Israelite with NMPA; Bart We carry those dreams into the future. to move this legislation forward: And I want to thank everybody who Herbison from Nashville Songwriters Lisette Morton, Jason Everett, and has been a part of this, because today Association International; Dina David Greengrass. This is an historic the song lives on, because it all begins LaPolt, Michelle Lewis, and Kay Han- opportunity to accomplish a great deal with that emotion, with that heart, that hasn’t been done in decades. ley from SONA; Beth Mathews from and with that melody. Mr. Speaker, I urge all of my col- ASCAP; Mike O’Neill from BMI; Chris Mr. NADLER. Mr. Speaker, I yield 2 leagues to support the Music Mod- Harrison from Digital Media; Michael minutes to the gentleman from New ernization Act, and I reserve the bal- Beckerman from Internet Association; York (Mr. JEFFRIES), the Democratic ance of my time. Mitch Glazier from Recording Industry lead sponsor of the original Music Mod- Association of America; Todd Dupler b 1415 ernization Act. and Darryl Friedman from Recording Mr. JEFFRIES. Mr. Speaker, I thank Mr. GOODLATTE. Mr. Speaker, I Academy; and others, such as Rick my good friend, the distinguished rank- yield 5 minutes to the gentleman from Carnes, Mike Huppe, Curtis LeGeyt, ing member, for yielding, for his lead- Georgia (Mr. COLLINS), a member of the and many others; also my friends, one ership, and, of course, to the chairman Judiciary Committee and a key legis- sitting behind me, MARSHA BLACKBURN of the committee and to so many other lator in making sure that this legisla- as well, who has been at the forefront Members: Representative ISSA, Rep- tion moves forward. He has worked of this. resentative ROONEY, and Representa- very, very hard on it. Mr. Speaker, before I finish up in just tive CROWLEY and many, many others Mr. COLLINS of Georgia. Mr. Speak- a little bit, I do need to thank two who have worked hard on this par- er, I rise today in support of H.R. 5447, more, and that is my staff, who have ticular piece of legislation. the Music Modernization Act. lived with me, who have worked with Of course, above all else, I want to It has already been said that this bill me for a long time: Brendan Belair, my thank my good friend and colleague, combines critical pieces of legislation chief of staff, who has kept us on tar- Congressman DOUG COLLINS, who has to update our laws, including legisla- get; and Sally Rose Larson. You been a phenomenal leader in bringing tion that I authored, the Music Mod- couldn’t meet a better steel magnolia, stakeholders together from across the ernization Act, but it also represents who has shown herself to be such an in- music ecosystem, bringing folks to- the CLASSICS Act, the AMP Act, and valuable asset during this process. gether from the digital industry, bring- rate standardization, things that have Mr. Speaker, I want to end not with ing the National Association of Broad- been negotiated for a long period of the bill. We will talk about it. But casters together to help us reach this time. what brought me to this point and moment where we have a consensus As we have looked at this and we what brought me to this area and why product that can ensure that the peo- have talked about it, this is a bill this is so important today as we move ple of America and the Nation can con- today that comes to the floor with forward for generations of others: I tinue to enjoy the music we have come overwhelming support, not just on this want to take you back in time almost to know and love. floor, not just in the committee where 40-plus years to a state trooper’s kid in Article 1, section 8, clause 8 of the it passed 32–0. It comes to this floor north Georgia whose friends were United States Constitution gives Con- with an industry that many times books, whose friends were music, a gress the power to promote and create couldn’t even decide that they wanted radio, and songs that came true. It was a robust intellectual property system to talk to each other about things in in there that those songs that would in order to, in the words of the Found- their industry, but who came together come out, the music and lyrics, would ing Fathers, promote the progress of

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.028 H25APPT1 H3538 CONGRESSIONAL RECORD — HOUSE April 25, 2018 science and useful arts. The Founding all their hard work to ensure that our we are known as Music City and that, Fathers of this great Nation under- copyright laws are all singing from the whether it is classical music or coun- stood that we should incentivize cre- same sheet of music. try or gospel, that you are going to ative brilliance and incentivize innova- Mr. NADLER. Mr. Speaker, I yield 2 hear music from every hill and every tion and, in that context, that the cre- minutes to the gentleman from Florida valley. And we treasure that creative ator should be able to benefit from the (Mr. DEUTCH), one of the Democratic community and protecting that prod- fruits of their labor and, in doing so, lead sponsors of this bill as well as of uct that they do create. will continue to share their creative the Fair Play Fair Pay Act and the Now, one of the things that has hap- brilliance with the world. CLASSICS Act. pened through time: With the change In the context of music, we know Mr. DEUTCH. Mr. Speaker, I thank of delivery systems, it has become that the manner in which we have con- the ranking member and the chairman more difficult for these artists and sumed music has changed over time: for their leadership. I thank Congress- these creators and the support network from vinyl to 8-track, from 8-track to man JEFFRIES and Congressman COL- around them, the engineers, those who cassette, from cassette to CD, from CD LINS for helping to shepherd the bill to work on producing this product, to be to downloads, from downloading to this point. appropriately compensated. This bill, streaming. The manner in which we It is a pleasure to vote on these as DOUG COLLINS mentioned, has been consume music has changed, but the much-needed consensus reforms. Con- in the works for years; and the underlying brilliance and beauty and sensus on copyright has been difficult. CLASSICS Act, to take care of those creativity of that music remains the It has been difficult to forge between who are now no longer able to tour and same. the various interests represented in the to make certain that they and their Consistent with what the Founding content and the tech communities but, heirs are able to be compensated for Fathers have suggested, we need a fortunately, we now have consensus. that music that they have created. modern-day music licensing system, Much of that has been borne out of One thing to bear in mind: Song- and that is what the MMA will accom- true necessity, the technological de- writers and musicians are truly small- plish. I am thankful that it has mands of licensing tens of millions of business people. They work for them- brought together not just stakeholders songs and streaming services, and selves. Their stock and trade is their and industry, but it has brought to- much of it has been borne out of basic idea. And they have the right to com- gether a JERRY NADLER and a Chair- fairness. Recording artists, song- mercialize that idea and to be com- man GOODLATTE, a DARRELL ISSA and a writers, producers, and engineers de- pensated. The Music Modernization Act JOE CROWLEY. It has brought together serve to be paid for their creativity and and the different bills that it brings to- a conservative Republican from Geor- genius; and digital services deserve gether to update this system, to pro- gia and a progressive Democrat from more certainty in their operations. The tect those copyrights, and to make cer- the people’s republic of Brooklyn. current system is broken. tain that the creators are com- Music is a unifying force. It has the As someone who cares deeply about pensated, has been a collaborative ef- power to bring us together. We should music and the incredible people who fort. have the power to modernize our sys- are a part of making it and who under- b 1430 tem on behalf of these brilliant cre- stands the importance of the intersec- ators. tion of technology and creative works Chairman GOODLATTE and Congress- Mr. GOODLATTE. Mr. Speaker, I that benefit all American music fans, I man COLLINS have been to Nashville yield 11⁄2 minutes to the gentleman really feel privileged to be part of this several times to meet with stake- from Florida (Mr. RUTHERFORD), a process of modernizing our copyright holders and to hear their stories first- member of the Judiciary Committee. laws. The Music Modernization Act hand. We are grateful for that, we are Mr. RUTHERFORD. Mr. Speaker, does not include everything that I have grateful for the bipartisanship, and we music has been an integral part of the supported to bring fairness and 21st- are very grateful for the passage of this fabric of our culture for hundreds of century sophistication to the copyright legislation. years because it can capture a moment laws, but it takes big steps forward to- Mr. NADLER. Mr. Speaker, I yield 2 in time and space like nothing else. ward those goals. minutes to the gentleman from Geor- You remember where you were the first I am hopeful that, with this bill, it gia (Mr. JOHNSON), the ranking member time you heard that special song, and will help to ensure that we all continue of the Committee on the Judiciary time after time, it takes you back to a to benefit from the amazing artists of Subcommittee on Courts, Intellectual moment and a place of significance in yesterday and today and the innova- Property, and the Internet. your life. tive technologies that bring them into Mr. JOHNSON of Georgia. Mr. Speak- For me, Mr. Speaker, one of the most our lives. er, I rise in support of the Music Mod- meaningful songs in my life is ‘‘More Mr. Speaker, I urge my colleagues to ernization Act, and I am also proud to Today Than Yesterday’’ by The Spiral support the Music Modernization Act. be a cosponsor. This comprehensive Starecase. It just so happens that that Mr. GOODLATTE. Mr. Speaker, at music bill will help create an efficient song signifies the bond between my this time I yield 21⁄2 minutes to the and fair music licensing system. wife, Pat, and I that we have shared gentlewoman from Tennessee (Mrs. Currently, streaming services have to now for over 45 years. And I can tell BLACKBURN), who is from music-loving obtain licenses on a song-by-song basis. you, it is a priceless reminder of our Tennessee and a great champion for The Music Modernization Act would re- lives and so many special moments to- the music industry and people who love form section 115 of the Copyright Act gether. And while we may not be able music around our country. by establishing a collective to offer to put a price on a song’s ability to Mrs. BLACKBURN. Mr. Speaker, blanket licenses to streaming services transport us to a memory, we can all what an honor it is to stand here today for mechanical rights. agree that the creators of the music we and to celebrate the bipartisan work Under current law, only sound re- hold so dear should be fairly com- that has been done on this legislation cordings made after 1972 receive pay- pensated for their craft. and to bring it to this point. ments from digital radio services under That is why I am so pleased to sup- Indeed, this is something on which Federal law. This bill would benefit port the Music Modernization Act, we can all agree: that the creative legacy artists and music creators who which offers a long-overdue update to community, these wonderful creators, recorded music before 1972 by estab- our copyright laws to account for the have that constitutional protection to lishing royalty payments whenever changing ways we consume music. what they create, the right to be com- their music is played on digital radio. Songwriters, musicians, producers, en- pensated for their creation. And I am That is why this section of the bill is gineers, and artists should all have the so appreciative that that has already supported by Dionne Warwick, Duke opportunity to receive their fair due. been mentioned in this debate. Fakir of the Four Tops, Tina Turner, And I thank Chairman GOODLATTE, Chairman GOODLATTE said I come and the estates of Miles Davis and Otis Ranking Member NADLER, and Rep- from music-loving Tennessee, and in- Redding, among many others. The bill resentatives COLLINS and JEFFRIES for deed I do. And we are so pleased that provides producers a right to collect

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.030 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3539 digital royalties and provides a process unprecedented coalition of music pub- Act seeks to fix this discrepancy and for studio professionals to receive roy- lishers, record labels, songwriters, properly recognize the hard work these alties for their contributions to the composers, artists, and performance songwriters put into their craft before creation of music. This bill would, for rights organizations. they simply stop writing music because the first time, add producers and engi- The result was a bill that is meant they can no longer earn enough money neers who play an important role in for the digital age and recognizes the to survive. the creation of sound recordings to the contributions that many people are in- As a musician myself, I understand U.S. copyright law. volved in during the creation of a song. what songwriters and performers go Music organizations representing For the first time, this bill will set up through when getting a song out for U.S. music publishers, record labels, a collective that can give out blanket the world to hear, and it is time we songwriters, composers, artists, and mechanical licenses to streaming serv- recognize the contributions the song- performance rights organizations sup- ices and ensure proper payments to writers make to the creative process. port this bill. The reforms made by this songwriters and publishers. This bill was supported by the entire bill are critical because the royalty Importantly, this bill also ensures music industry: songwriters, record la- system has not kept pace with the dig- compensation for pre-1972 artists who bels, music publishers, streaming serv- ital age. These changes will benefit have been left out of the Federal copy- ices, just to name a few. It isn’t often consumers, creators, and the entire right system for far too long. It also that we have a truly bipartisan and music marketplace. provides a clearer process for engi- widely supported piece of legislation to I urge my colleagues to vote for this neers, mixers, and producers to collect consider, but with this bill, we have bill. I commend the efforts of DOUG royalties. the opportunity and can change the COLLINS, HAKEEM JEFFRIES, and Chair- It has been a privilege to be a part of lives of some of our Nation’s most tal- man GOODLATTE, as well as Ranking this historic moment. I urge all of my ented people for the better. Member NADLER for shepherding this colleagues to support the Music Mod- I strongly support H.R. 5447 and en- legislation to this point. ernization Act, and I want to thank courage all of my colleagues to listen Mr. GOODLATTE. Mr. Speaker, may Mr. JEFFRIES, Mr. COLLINS, Mr. to their favorite song one more time I ask how much time I have left? DEUTCH, Chairman GOODLATTE, and before coming to the floor and think of The SPEAKER pro tempore. The gen- Ranking Member NADLER for their ex- the person who wrote it, think about tleman from Virginia has 51⁄2 minutes traordinary leadership in accom- what it means, then support this bill remaining. The gentleman from New plishing what is not only significant and truly make a difference in some- York has 12 minutes remaining. for our committee but significant for one’s life. Mr. GOODLATTE. Mr. Speaker, I re- our ability to hear and appreciate and Mr. NADLER. Mr. Speaker, I yield 2 serve the balance of my time. continue to nurture our souls with the minutes to the gentlewoman from Mr. NADLER. Mr. Speaker, I yield 2 beauty of music. Texas (Ms. JACKSON LEE), a senior minutes to the gentleman from Rhode Mr. GOODLATTE. Mr. Speaker, I member of the Judiciary Committee. Ms. JACKSON LEE. Mr. Speaker, I Island (Mr. CICILLINE). yield 21⁄2 minutes to the gentleman thank the gentleman very much for Mr. CICILLINE. Mr. Speaker, I rise from Tennessee (Mr. ROE), another yielding, and I make the very point today in support of the Music Mod- Member from music-loving Tennessee that there are three Members on this ernization Act. I am proud to be a co- and the chairman of the Veterans’ Af- floor today from the Judiciary Com- sponsor of this bill. fairs Committee. mittee who have an enormous amount I am proud to come from the great Mr. ROE of Tennessee. Mr. Speaker, I of seniority, who have seen the long State of Rhode Island, the State that rise today in support of H.R. 5447, the journey that our talented genius-based sent the great Senator Claiborne Pell Music Modernization Act, a bipartisan musical icons in our Nation have trav- to Washington. It was Senator Pell bill that will finally update our Na- eled to come to this point, and so I say who authored the bill that established tion’s copyright laws and correct a ter- congratulations. the National Endowment for the Arts rible injustice that threatens the fu- In the markup, I indicated that there and the National Endowment for the ture of quality music. was a harmonious sound coming from Humanities. Music has changed, perhaps, more the Judiciary Committee and that it Senator Pell knew that the greatness than any other industry over the past was evident that we could work to- of our Nation is not only defined by the 50 years. When the Copyright Act of gether in a bipartisan manner. strength of our military or the value of 1976 was signed into law, most people I thank the chairman, Mr. GOOD- our GDP, but by our ability to promote got their music on a vinyl record. I LATTE, and the ranking member, Mr. and protect our culture and history still like vinyl, I might add. Today, NADLER, who have been intimately in- through the arts and humanities. you can instantly stream music to volved; and I am reminded of all of In keeping with that tradition today, your phone from any number of serv- those who have come in and out of my Congress moves to make sure that art- ices at the touch of a button. That office through the years as I served on ists and their creations are protected Copyright Act might have been what the Courts, Intellectual Property, and under the Music Modernization Act. was needed at the time, but it never the Internet Committee some years Music has always been a part of our could have anticipated the radical shift back and that they were still traveling culture and history. The power of in how music was consumed over the even in this year, 2018. music has brought people together in past, even in the last 10 years. So I applaud Mr. COLLINS and Mr. moments of celebration and soothed For far too long, hardworking song- JEFFRIES for providing that musical people in difficult times. Music tran- writers have been penalized under the tone. This is a very important bill. It is scends political, ethnic, and religious old system and have been paid only an important bill because it was an in- boundaries. pennies on the dollar for their creative consistent patchwork that governed The Music Modernization Act is the works, even though their songs may the industry that was in dire need of culmination of years of debate and ne- have been streamed millions of times reframing, and the MMA 2018 addresses gotiation with various stakeholders. every second around the world. that patchwork. And specifically, We held dozens of hearings and heard Garth Brooks’ iconic song, ‘‘The under title II, it finally gives a just from artists, producers, and industry Dance,’’ has been streamed tens of mil- compensation to those artists who re- experts to develop a solution that re- lions of times; and the songwriter, corded works prior to 1972. flects the changing landscape of how Tony Arata, who wrote that beautiful First and foremost, the MMA is a people consume music and ensures cre- song, was paid a few hundred dollars. proposition that is supported by both ators are fairly compensated. That is ridiculous, and it is wrong. the majority of songwriters and pub- From the start, we were committed Under the current system, the cre- lishers and the digital service pro- to making sure this bill was bipartisan ative geniuses that write this music viders. and a compromise that everyone could won’t be able to make a living doing Secondly, it modernizes the process support. Within the music community, what they love doing, which is writing and brings music licensing into the 21st this legislation brought together an great songs. The Music Modernization century—long overdue.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.032 H25APPT1 H3540 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Third, it puts unclaimed royalties in pensation to those artists who recorded works these services and limits the liability a service the hands of the content community, prior to 1972. can incur if it adheres to the new process. rather than sitting with digital serv- With the MMA, Congress is fulfilling its duty Discusses music litigation that generates ices. It streamlines the streamline. to provide order and guidance to the faulty legal settlements in favor of simply ensuring Fourth, it finally creates a com- program currently in place. that artists and copyright owners are paid in prehensive database, and confidence The United States has the most innovative the first place without such litigation. grows in the market. and influential music culture in the world, but The MMA funds the creation of a com- And for all of those individuals who its legal framework for music licensing dates prehensive database with buy in from all the provided us the joy that was earlier back to the age of the Victrola. major publishers and digital service providers. mentioned, it creates a formalized There is a widespread perception from Ends the flawed U.S. Copyright Office bulk body run by publishers that administer across the industry that this complex frame- notice of intent system that allows royalties to the law, the mechanical licensing and work is under strain and needs updating. go unpaid. compositions streamed on services like The last general revision of the Copyright The bill also creates a new evidentiary Spotify and Apple Music, and others; it Act took place in 1976 following a lengthy and standard by which the performance rights or- changes the procedure by which mil- comprehensive review process carried out by ganizations American Society of Composers, lions of songs are made available; and Congress, the Copyright Office, and interested Authors, and Publishers (ASCAP) and Broad- it funds the creation of a comprehen- parties. cast Music Incorporated (BMI) can argue bet- sive database, but, more importantly, Congress significantly amended the Act in ter rates for the performance of musical works it helps those who prerecord it. 1995, with the Digital Performance Right in on DSPs. My tribute to Aretha Franklin, Sound Recordings Act (‘‘DPRSRA’’), and It implements uniform rate setting standards Dionne Warwick, the late Jackie Wil- 1998, with the Digital Millennium Copyright Act to be used by the Copyright Royalty Board for son, Duke Fakir, The Shirelles, French (‘‘DMCA’’), to address emerging issues of the all music services. Family in Houston, Bun B, Trae tha digital age. The bill shifts the costs of the new licensing Truth, and the late Crickets, the While the current Copyright Act reflects collective created by the bill to those who ben- Ebony singers in Houston, the Houston many sound and enduring principles, and has efit from the collective—the licensees. Grand Opera, Mrs. Barbara Tucker, enabled the internet to flourish, it could not The MMA updates how certain rate court End Jazz, Jason Moran, Kirk Whalum, have foreseen all of today’s technologies and cases are assigned in the Southern District of Howard Harris, Imani children’s band, the myriad ways consumers and others en- New York. Kashmere jazz band; and, of course, gage with music in the digital environment. Title II—Compensating Legacy Artists for gospel, Kirk Clark, Kathy Taylor, Mi- First and foremost, the MMA is a proposition their Songs, Service, and Important Contribu- chael McCain, and Georgia Adams. that is supported by both a majority of song- tions to Society (CLASSICS) Act provides a Houston is a hub, Mr. Speaker, and we writers and publishers and the (Digital Service public performance right for pre–1972 record- are celebrating because of this bill. I Providers)—two groups who rarely agree. ings. congratulate everyone. Secondly, it ‘‘modernizes’’ the process and Title III—The Allocation for Music Producers Mr. Speaker, I rise in support of the Music brings music licensing into the 21st century. (AMP) Act ensures that record producers, Modernization Act of 2018 (MMA) of which I Instead of bulk Notices of Intention—the en- sound engineers, and other creative profes- am an original cosponsor. vironmentally unfriendly process of sending sionals receive compensation for their work This bill has arrived at its current state actual physical letters of intent to each pub- I urge my colleagues to join me in support through the diligent work of various stake- lisher for each share of each song—the licens- of the MMA. holders involved, including the music industry, ing will be done electronically. Mr. GOODLATTE. Mr. Speaker, I re- congressional staff, and Members of Con- Third, it puts unclaimed royalties in the serve the balance of my time. gress. hands of the content community, rather than Mr. NADLER. Mr. Speaker, I yield 2 Hours of debate, negotiation, and delibera- sitting with the Digital Service Providers. minutes to the gentlewoman from Cali- tion have yielded a product of cooperation and Fourth, it finally creates a comprehensive fornia (Ms. BASS). compromise. database. Ms. BASS. Mr. Speaker, I rise today I commend the industry and the parties in- While various companies and services have in support of the Music Modernization volved in drafting this bipartisan solution—it is a version of a database, U.S. publishers have Act. I also come from one of those dis- rare that this committee reaches such agree- not agreed on one that is both comprehensive tricts that is a hub. ments when considering major legislation. and accurate. After meeting with songwriters and Houston, being a music hub with its As part of the MMA, the digital service pro- producers in my district and listening Grammy Award winning orchestra and viders will pay for the creation and mainte- to their testimony before the House Grammy nominated rappers including my dear nance of a database that will finally put all me- Judiciary Committee, it is clear we friend Bun B from Underground Kingz, will cer- chanical licensing information in one place that risk losing the next generation of song- tainly benefit from this legislation becoming is accessible to all. writers if we do not address the rate law. Finally, it provides streaming services with standards for digital streaming. The exemplary efforts exhibited by the confidence that, if they follow the process, Recently, I met with world-renown music industry in this instance, with the goal of they can accurately and comprehensively li- songwriter, Paul Williams, and I have solving problems and addressing a wide vari- cense all the musical works on their service had open discussions with hundreds of ety of stakeholder concerns, are a model that without fear of billion dollar lawsuits against songwriters from around the country. this committee and this Congress should use them. Songwriters from my district have as inspiration to best serve the American peo- And confidence grows markets and boosts voiced that it is nearly impossible to ple. economy. earn a fair income via digital stream- The need for this legislation is clear; much A number of interested music industry ing. They are usually not the famous of the current licensing system was estab- groups have come together to create a con- performers and cannot go on tour to lished in an analog era, with non-digital phys- sensus bill that makes several major changes earn a living. ical recordings done song-by-song, using com- including: Title I—Music Modernization Act. Over 50 percent of their income is de- pulsory licenses first established in 1909. The Music Modernization act creates a for- rived from licensing performance In addition, artists who recorded works prior malized body, run by publishers, that admin- rights to their music. One of my con- to 1972 do not receive any digital performance isters the ‘‘mechanical licensing’’ of composi- stituents, Michelle Lewis, shared that royalties under federal law, and current statute tions streamed on services like Spotify and she made just $3.78 for 1.3 million does not ensure that non-recording artists Apple Music (these companies are referred as streams of her work on one streaming such as producers, sound engineers, and mix- Digital Service Providers or DSPs). service. As the Grammy Award win- ers receive revenue from webcasts of their The bill reflects how modern digital music ning artist and songwriter Ne-Yo stat- work. services operate by creating a blanket licensed: ‘‘Even if you write a hit song that’s The inconsistent patchwork that governs the ing system to quickly license and pay for mu- streamed millions of times, you’re still industry is in dire need of reframing and the sical work copyrights. not going to earn enough to pay the MMA 2018 addresses that patchwork and spe- It changes the procedure by which millions rent from streaming. And that’s where cifically under Title II, finally gives just com- of songs are made available for streaming on the entire industry is moving,’’ which

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.033 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3541 is why I support the Songwriters Eq- services, and other stakeholders, the Democratic Caucus chair and the lead uity Act, AMP, the CLASSICS Act, and Music Modernization Act will propel sponsor of the AMP Act, which is in- MMA. the music industry into the 21st cen- cluded in this package. MMA also closes a loophole, which tury and beyond. I am proud to be an Mr. CROWLEY. Mr. Speaker, I thank has negatively impacted early music original cosponsor of the act. my friend and colleague from New icons of Motown, jazz, blues, and rock I want to thank Chairman GOOD- York (Mr. NADLER) for yielding. and roll. According to Grammy Award LATTE, Ranking Member NADLER, as Mr. Speaker, I thank Chairman winning artist Dionne Warwick: ‘‘How well as Representatives COLLINS, GOODLATTE, Ranking Member NADLER, could it be that 1979’s ‘I’ll Never Love JEFFRIES, and others for their hard Congressman DOUG COLLINS, Congress- This Way Again’ receive compensation, work on this bill. man HAKEEM JEFFRIES, and all of my but 1969’s ‘I’ll Never Fall in Love As the Representative for Califor- friends on the Judiciary Committee for Again’ . . . does not?’’ nia’s 33rd Congressional District, these working in such a bipartisan fashion to Recently, legacy songwriter and per- issues hit close to home. My district get this important bill to the floor. former Darlene Love visited my office sits at the heart of California’s music We all remember the iconic tune to express her support for closing the industry. It is home to thousands of from the 1970s, ‘‘I Write the Songs.’’ legacy loophole. Born in Los Angeles, brilliant songwriters, publishers, engi- First performed by Captain and she was inducted into the Rock and neers, record producers, recording art- Tennille and made popular by David Roll Hall of Fame in 2011. She sang ists, and musicians. Cassidy and, of course, Barry Manilow, backup for Elvis, Aretha Franklin, and I am proud to have worked with such the song encapsulates the universality Frank Sinatra. After decades of listen- a unique and engaged community. of music. While we rightly celebrate the artists ing to her hard work being streamed They make up different threads of the and singers behind these hits and these without being compensated, with the industry’s fabric, but share a common great songs, there often are a number passage of MMA, she and other song- goal of developing solutions to some of of individuals who work just as hard to writers will finally have access to the the most complex and longstanding make that song a hit. Because to make fair compensation they deserve. copyright issues facing our country. a great song, you need not just the If we are serious about supporting a Today, we honor that legacy by moving writers and the singers, but also engi- Federal music copyright forward. next generation of songwriters, then neers, technicians, and producers, peo- Mr. Speaker, I urge my colleagues to we must continue to address anti- ple like my friend Mike Clink, as well support this bill. quated, though well-intentioned, laws. as Darrell Brown. They may not be as Mr. GOODLATTE. Mr. Speaker, I re- Mr. GOODLATTE. Mr. Speaker, I famous as Guns N’ Roses or LeAnn serve the balance of my time. yield 2 minutes to the gentleman from Rimes, the folks they helped produce, Mr. NADLER. Mr. Speaker, how Ohio (Mr. CHABOT), a member of the but they are equally important when it much time do I have remaining, please? Judiciary Committee and chairman of comes to the process of making that The SPEAKER pro tempore. The gen- the Small Business Committee. music. But they are not often given the tleman from New York has 5 minutes Mr. CHABOT. Mr. Speaker, I rise credit or compensation they so rightly remaining. The gentleman from Vir- today to express my continued support deserve. for this legislation. A lot of hard work ginia has 2 minutes remaining. With this bill, that will finally Mr. NADLER. Mr. Speaker, I yield 1 has gone into this legislation over the change. We are making important up- years, and the result is an unprece- minute to the gentlewoman from Cali- dates to music copyright law to make dented level of consensus from a broad fornia (Ms. JUDY CHU). sure that everyone with a role in mak- Ms. JUDY CHU of California. Mr. coalition of stakeholders in the music ing hits that get stuck in our heads Speaker, I rise in strong support of the industry who don’t always agree. gets paid for their fair share. Music Modernization Act. As co-chair b 1445 I am especially glad that my bill, the of the Congressional Creative Rights Allocation for Music Producers, or This legislation, I think, will prove Caucus, I am proud to stand with my AMP Act, is included in this package. I to be a great benefit to music con- colleagues to support this consensus thank my colleague across the aisle, sumers, creators, and producers alike. bill that aims to modernize our copy- TOM ROONEY, for working with me to The way we listen to and experience right law. help the many people who work so hard music is much different today than it Music is at the heart of how we expe- to make perfect the iconic recordings was when the Copyright Act was en- rience life. We count on the right song we hear every day. acted back in 1976. As a result, our to help us express a moment better This bill will, for the first time, copyright laws have become outdated than we could ourselves. make mention of engineers and pro- and are, in many ways, insufficient for For music creators, their works help ducers in copyright law and provide a the music industry in the 21st century. them support their families, keep a system for them to be directly paid for This legislation provides much-needed roof over their head, and food on the the hard work that they do. updates to bring music licensing into table. But, for far too long, I have As a musician and songwriter myself, the digital age, particularly improving heard from songwriters whose com- I am so glad to see bipartisan agree- market efficiencies and transparency pensation was less than pennies in dig- ment around these important issues. I to reflect the modern music market- ital play for number one hits, and I am proud to see all of the various folks place. have heard from music legends who are in the recording industry coalesce So again, I thank the chairman, touring well into their seventies be- around these critical fixes, and I am ranking member, and various sponsors cause their works created before 1972 proud to vote today in support of fair of the underlying pieces of legislation are not eligible for royalties on digital compensation for creators in the music included in this bill. broadcasts. industry. Mr. Speaker, I urge my colleagues to This bill will help bring our copy- Mr. GOODLATTE. Mr. Speaker, I support this bill. right law into the digital era and ad- continue to reserve the balance of my Mr. NADLER. Mr. Speaker, I yield 1 dress the gaps that prevent creators time. minute to the gentleman from Cali- from receiving fair compensation for Mr. NADLER. Mr. Speaker, I yield 1 fornia (Mr. TED LIEU). their work. Mr. Speaker, I urge my col- minute to the gentleman from Ten- Mr. TED LIEU of California. Mr. leagues to vote for this bill. The lives nessee (Mr. COHEN). Speaker, as has been said, music is the of our most treasured creators depend Mr. COHEN. Mr. Speaker, I thank lifeblood of culture that can transform on it. Mr. NADLER for yielding. I appreciate world views, transport listeners, and Mr. GOODLATTE. Mr. Speaker, I the work of Mr. GOODLATTE and the inspire social movements. continue to reserve the balance of my other sponsors, Mr. NADLER and every- Ensuring that the law keeps up with time. body else. music and its changing forms is cru- Mr. NADLER. Mr. Speaker, I yield 2 This was really an issue where we cial. With the support of music pub- minutes to the gentleman from New showed that Congress can be produc- lishers, artists, songwriters, streaming York (Mr. CROWLEY), the distinguished tive, can get something done, working

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.034 H25APPT1 H3542 CONGRESSIONAL RECORD — HOUSE April 25, 2018 with all of the different groups and Mr. Speaker, this is landmark legis- more transparent relationship between cre- bringing them together. It is a success- lation that has been decades in coming. ators and music platforms. Information regard- ful effort. We have not had a significant review of ing music owed royalties would be easily ac- Music is very important to my home- our music licensing and copyright laws cessible through the database created by the town of Memphis, which, of course, is in many, many, many years. Music Modernization Act. This transparency the hometown of Elvis Presley, where There are many people to be will surely improve the working relationship be- Sam Phillips put Elvis in the studio at thanked, including the staff of the Ju- tween creators and music platforms and aid Sun Records and produced the rock and diciary Committee on both sides of the the music industry’s innovation process. roll that Chuck Berry and Little Rich- aisle. I particularly want to recognize Most importantly, this bill would establish a ard had been playing but had not really Joe Keeley, who is the chief counsel of uniformed rate that would allow song writers reached a lot of people’s ears. It did, the Courts, Intellectual Property, and and artists to receive fair market pay for their and it set the world on fire. It brought the Internet Subcommittee. ideas and creations. a change in music and an appreciation I also want to thank the leadership of As a society, we value the work and prod- for it. the committee who have worked for ucts of artists, creators, and the music indus- In Memphis, we have had Isaac many, many years on intellectual prop- try. For years now, creators, and music pro- Hayes, who did so much; Sam and erty issues: Shelley Husband, the chief viders have spoken out about the outdated Dave; David Porter; and many, many of staff and general counsel; and music licensing process and the issues they Memphians who participated. Branden Ritchie, the chief counsel of repeatedly face because of its flawed system. But I have personal friends in Warren the committee. It is only fair that we address these inefficien- Zevon, Jackson Browne, and J.D. Time doesn’t allow me to recognize cies and bring the music industries’ processes Souther, who were great songwriters everyone, but I especially want to rec- in accordance with the digital age. and performers and have not received, ognize the Courts, Intellectual Prop- The SPEAKER pro tempore. The necessarily, their financial due as they erty, and the Internet Subcommittee question is on the motion offered by should, and fairness, and this will get vice chairman, DOUG COLLINS. He and the gentleman from Virginia (Mr. them done. his staff have put literally hundreds GOODLATTE) that the House suspend As Mr. CROWLEY mentioned, it will and hundreds of hours into aspects of the rules and pass the bill, H.R. 5447, as get engineers and producers payment this legislation, and I want to person- amended. for their work to help create these mu- ally thank him for that work as well. The question was taken. sical creations that people love. This legislation has very strong, bi- The SPEAKER pro tempore. In the Mr. Speaker, I thank all of the spon- partisan support. It is supported by opinion of the Chair, two-thirds being sors and appreciate the fact that I was groups that look at intellectual prop- in the affirmative, the ayes have it. able to participate and support it and erty issues across the ideological spec- Mr. GOODLATTE. Mr. Speaker, on be a cosponsor. trum, and it is nearly universally sup- that I demand the yeas and nays. Mr. GOODLATTE. Mr. Speaker, I ported by the music industry, the tech- The yeas and nays were ordered. continue to reserve the balance of my nology companies, and others that pro- The SPEAKER pro tempore. Pursu- time. ant to clause 8 of rule XX, further pro- Mr. NADLER. Mr. Speaker, I yield 1 vide the platforms on which that music ceedings on this motion will be post- minute to the gentleman from Texas is performed. It is going to more fairly treat so poned. (Mr. DOGGETT). Mr. DOGGETT. Mr. Speaker, my many sectors of the music industry f that it would be a shame not to see this hometown of Austin, Texas, is mod- b 1500 estly known as the ‘‘Live Music Capital legislation pass the House with a very PROVIDING FOR THE OPERATIONS of the World.’’ The title is well justi- strong, bipartisan vote, go to the Sen- OF THE FEDERAL COLUMBIA fied, from the South by Southwest ate, pass there, and then on to the RIVER POWER SYSTEM music festival in the spring, to Austin President’s desk, where I have every City Limits on a couple of weekends in confidence it will be signed into law. Mr. BISHOP of Utah. Mr. Speaker, October. It is a wonderful place for live During the course of many years of pursuant to House Resolution 839, I music. review of our copyright laws, we call up the bill (H.R. 3144) to provide It is the musicians and those who learned that our music licensing laws for operations of the Federal Columbia support them in technical ways—week- were no longer working as intended for River Power System pursuant to a cer- day, weekend, and in between—that songwriters, artists, and creators, peo- tain operation plan for a specified pe- make this industry so vital and who ple behind the scenes for the companies riod of time, and for other purposes, contribute so much to our local econ- that deliver the music in innovative and ask for its immediate consider- omy. ways to our consumers. ation in the House. This piece of legislation is a step in The Music Modernization Act, a The Clerk read the title of the bill. the right direction. There is much product of the Judiciary Committee’s The SPEAKER pro tempore (Mr. more that needs to be done to ensure comprehensive copyright review, is a BYRNE). Pursuant to House Resolution that our musicians and all who are in- bipartisan bill. I urge my colleagues to 839, the amendment printed in part B volved in the creative economy get join together and pass it and send it to of House Report 115–650 is adopted, and their fair compensation. the Senate. the bill, as amended, is considered I am pleased this step is taken be- Mr. Speaker, I yield back the balance read. cause these are really not only tal- of my time. The text of the bill, as amended, is as ented and creative people, but small- Mrs. TORRES. Mr. Speaker, I rise in sup- follows: business people, and they deserve to port of H.R. 5447, The Music Modernization H.R. 3144 have the property that they generate— Act. Mr. Speaker, there is broad, bipartisan Be it enacted by the Senate and House of Rep- their talent, their music, that adds so agreement that current music licensing laws resentatives of the United States of America in much joy to our lives—fairly com- no longer meet the needs of creators and Congress assembled, pensated. This is a good step forward, music providers in the digital age. Southern SECTION 1. DEFINITIONS. and I certainly support the legislation. California has established itself as a leader in For the purposes of this Act: Mr. NADLER. Mr. Speaker, I yield the entertainment industry, and supporting our (1) FCRPS.—The term ‘‘FCRPS’’ means back the balance of my time. artists and music industry is a job creator for those portions of the Federal Columbia River Mr. GOODLATTE. Mr. Speaker, may my constituents. Power System that are the subject of the I inquire how much time is remaining. This bill would address the inefficiencies in Supplemental Opinion. The SPEAKER pro tempore (Mr. the music industry’s licensing system by es- (2) SECRETARIES.—The term ‘‘Secretaries’’ means— LAMBORN). The gentleman from Vir- tablishing uniformity in the licensing process. (A) the Secretary of the Interior, acting ginia has 2 minutes remaining. Licenses will now be managed by one entity through the Bureau of Reclamation; Mr. GOODLATTE. Mr. Speaker, I which in turn would be paid for by the licens- (B) the Secretary of Energy, acting yield myself the balance of my time to ees. In addition to an increase in efficiency, through the Bonneville Power Administra- close. the Music Modernization Act would foster a tion; and

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.037 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3543 (C) Secretaries of the Army, acting The SPEAKER pro tempore. Is there And while recent ocean impacts, through the Army Corps of Engineers. objection to the request of the gen- which scientists call a ‘‘blob,’’ have (3) SUPPLEMENTAL OPINION.—The term tleman from Utah? slowed salmon just the last couple of ‘‘Supplemental Opinion’’ means the docu- There was no objection. years, more total salmon have returned ment titled ‘‘Endangered Species Act Sec- Mr. BISHOP of Utah. Mr. Speaker, I this year than before the dams were action 7(a)(2) Supplemental Biological Opin- yield 8 minutes to the gentlewoman ion’’, NOAA Fisheries Log Number NWR– tually put in place. 2013–9562, and dated January 17, 2014, which from Washington (Mrs. MCMORRIS ROD- More than 600,000 fall Chinook are supplements, without replacing, the 2008 and GERS), the sponsor, to introduce this forecasted this year, many times high- 2010 FCRPS Biological Opinions and the Rea- piece of legislation. er than when they were first listed sonable and Prudent Alternative contained Mrs. MCMORRIS RODGERS. Mr. under the Endangered Species Act. therein. Speaker, I thank Chairman BISHOP for These record-setting fish passage SEC. 2. OPERATION OF FCRPS. yielding. rates are a result of significant Federal The Secretaries shall operate the FCRPS Mr. Speaker, Congress created the investments in new technologies, like in a manner consistent with the reasonable Bonneville Power Administration, or fish-friendly turbines, habitat restora- and prudent alternative set forth in the Sup- BPA, in 1937 on the heels of the Great tion, and local collaboration. plemental Opinion until the later of the fol- Depression to distribute power gen- lowing dates: I mention the local collaboration be- (1) September 30, 2022. erated from the development of two cause I want to quote the Columbia (2) The date upon which a subsequent final federally authorized dams: Bonneville River system Adaptive Management biological opinion for the FCRPS operations and Grand Coulee Dam. Implementation Plan that was pro- is— Our dams transformed Washington duced by the Department of Interior, (A) issued after completion of the final en- State from what was a barren, dry land BPA, the U.S. Army Corps, and NOAA: vironmental impact statement on a record of into one of the most productive agri- ‘‘The Obama administration undertook decision for a new operations plan for the culture regions in the world. an extensive effort to review the 2008 FCRPS; and These marvels of engineering also Biological Opinion’’ and found ‘‘the (B) in effect, with no pending further judi- provided the Pacific Northwest with cial review. 2008 BiOp is biologically and legally the Nation’s cheapest and most reliable SEC. 3. AMENDMENTS TO SUPPLEMENTAL OPIN- sound, based on the best available sci- ION. energy supply. entific information, and satisfies the (a) IN GENERAL.—Notwithstanding section During World War II, it was the Fed- ESA jeopardy standard.’’ 2, the Secretaries may amend portions of the eral power supplied by BPA that was Our river system also functions as a Supplemental Opinion and operate the instrumental in the ramp-up of the alu- superhighway for agriculture goods. FCRPS in accordance with such amend- minum industry that went into My home State of Washington is the ments, before the date established under sec- Boeing’s B–17s and B–29s, and powered most trade-dependent State in the tion 2 if all of the Secretaries determine, in the sole discretion of each Secretary, that— the production of nearly 750 large ships country, and because of the river sys- (1) the amendment is necessary for public before the end of the war. tem, last year alone, it saved having safety or transmission and grid reliability; In the words of President Harry Tru- 160,000 trucks on the roads. or man: ‘‘Without Grand Coulee and Bon- This BiOp is supported by the States, (2) the actions, operations, or other re- neville, it would have been almost im- by Tribes, by utilities, ports, irrigation quirements that the amendment would re- possible to win this war.’’ districts, and other Pacific Northwest move are no longer warranted. In 1945, Congress authorized the con- water users. (b) RESTRICTION ON AMENDMENTS.—The struction of four large dams along the The need for this legislation became process described in subsection (a) shall be Snake River, Ice Harbor, Lower Monu- clear when an unelected judge rejected the only method by which the Secretaries may operate the FCRPS during the time pe- mental, Little Goose, and Lower Gran- the collaborative work, claiming that riod established under section 2 in any way ite, to grow what we call today the he knows better how to manage the Co- that is not consistent with the reasonable Federal Columbia River Power System. lumbia River than all of the scientists, and prudent alternatives set forth in the These four dams can power up to Tribes, elected officials, and others Supplemental Opinion. nearly 2 million homes, or a city the that are using the river every day. SEC. 4. LIMITATION ON RESTRICTING FCRPS size of Seattle, and are crucial to meet This Oregon Federal district judge ELECTRICAL GENERATION OR NAVI- BPA’s peak loads during those hottest invalidated the BiOp and set a course GATION ON THE SNAKE RIVER. No structural modification, action, study, days in the summer when the wind that will likely put BPA’s future and or engineering plan that restricts electrical doesn’t blow or the coldest days in the the yearly investments of hundreds of generation at any FCRPS hydroelectric dam, winter when we do not have sunlight. millions of dollars in jeopardy. or that limits navigation on the Snake River This year, eastern Washington had a He wants us to start at the beginning in the State of Washington, Oregon, or harsh winter with many days below and put breaching the dams back on Idaho, shall proceed unless such proposal is freezing. During the coldest days, BPA the table. specifically and expressly authorized by an relied on the ability of these four dams Electricity rates have gone up nearly Act of Congress enacted after the date of en- 30 percent the last few years, with an actment of this Act. Nothing in this section to ramp up production and meet the affects or interferes with the authority of demand. average increase of 5.4 percent for 2018 the Secretaries to conduct operation and Without a reliable base load source, I and 2019. Adding unnecessary litigation maintenance activities or make capital im- feared, and BPA confirmed, many in and additional spill requirements only provements necessary to meet authorized eastern Washington would have lost add to these costs. project purposes of FCRPS facilities. power. For example, Judge Simon granted a The SPEAKER pro tempore. The bill, It is important to look back at his- spill order on April 3 that will cost an as amended, shall be debatable for 1 tory when we think about BPA, the Co- estimated $40 million to ratepayers in hour equally divided and controlled by lumbia River system, and the future of the Pacific Northwest. Mandating spill the chair and ranking minority mem- energy in our region. means that huge amounts of water will ber of the Committee on Natural Re- Last week, BPA made its 34th congo over the dam 24 hours a day 7 days sources. secutive payment of $1.3 billion to the a week, instead of actually producing The gentleman from Utah (Mr. U.S. Treasury. They were able to do electricity. This spill order is experi- BISHOP) and the gentleman from Ari- this because of the value of our re- mental science that will likely in- zona (Mr. GRIJALVA) each will control gion’s low-cost, carbon-free energy, as crease power costs, decrease the grid’s 30 minutes. a result of selling the hydropower pro- reliability, hurt habitat, and actually The Chair recognizes the gentleman duction along the Columbia River. In kill fish. from Utah. fact, in Washington State, nearly 70 In 2028, utilities will be renegotiating GENERAL LEAVE percent of our energy comes from hy- their contracts, and they are making Mr. BISHOP of Utah. Mr. Speaker, I dropower. decisions now. This uncertainty is ask unanimous consent that all Mem- Some argue that these dams in par- plaguing the Pacific Northwest and the bers have 5 legislative days in which to ticular have negatively impacted mi- Columbia River system. revise and extend their remarks and in- gratory fish, yet these dams average As a result, I am proud of the work clude extraneous material on H.R. 3144. fish survival rates of nearly 97 percent. that we have done, coming together in

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.012 H25APPT1 H3544 CONGRESSIONAL RECORD — HOUSE April 25, 2018 a bipartisan way to support this legis- California’s native fisheries on the his committee has been doing to sup- lation to provide certainty. This bill path to extinction, meaning thousands port vibrant salmon runs, as well as will codify the current BiOp until 2022, of job losses across California, Oregon, protect low-cost, renewable, clean en- and prevent unnecessary costs to peo- and Washington State. ergy. ple and ratepayers all around the Pa- House Republicans pushed the bill Leading scientists and Federal agen- cific Northwest. It also reasserts Con- through even though estimates show cies, Northwest States, sovereign gress’ authority over the dams. that 78 percent of California’s native Tribes, and notably, the Obama admin- A hearing was held in the Natural salmon will be extinct this century istration, crafted what is known as the Resources Committee last fall, and the under current trends. 2014 Biological Opinion on how the Co- bill recently passed out of committee Instead of trying to counter these lumbia River Federal hydropower sys- with bipartisan support. Technical trends, House Republicans decided it tem should operate. changes were made to ensure necessary was more important to help some of The BiOp, as it is called, was devel- maintenance, and improvements to the their big business buddies who would oped with the utmost standards of in- Army Corps dams would continue with- rather drain our public rivers even fur- tegrity and transparency, and impor- out interruption. ther for private profit. tantly, collaboration. Conservative Re- We hear the other side talk about Now we are here today with another publicans and the Obama administra- being against the status quo, calling it bill that harms our wild salmon and tion got together and used the best illegal and an unprecedented assault on the businesses that depend on their ex- available science. the Endangered Species Act. istence. Under this plan’s implementation, we Unfortunately, this narrative is mis- It is no surprise that our committee have seen several years of record or leading and it doesn’t take into ac- received numerous letters from busi- near record returns of adult salmon. count the whole picture nor the success nesses and fishing industry groups op- The plan is working, so why are we of the dams. posed to H.R. 3144. here today? For example, the Port of Clarkston The committee also received several Unfortunately, in 2016, a U.S. district has seen new business from the Amer- letters from guiding and outdoor retail judge rejected the 2014 BiOp and or- ican Queen Steamboat Company, tour- businesses, the food industry, and from dered the Federal agencies start the ism that is coming to our communities many other businesses that depend on process over, with a requirement that that is bringing jobs and bringing peo- functioning ecosystems and the Colum- they look at breaching the four Snake ple. bia Basin salmon. River dams. This bill is a fiscally responsible al- Aside from being bad for many busi- Here is the reality. I can’t express ternative to the current judicial over- nesses, this bill also represents a trou- how important this hydro system is for reach that doesn’t take into account bling attack on our Nation’s bedrock the entire Northwest. I have heard you all of the river users. If enacted, the environmental laws and the legal proc- couldn’t match the energy produced by certainty provided will reduce costs on ess. these dams with six or more coal-fired the people of eastern Washington by Since the early 1990s, Federal courts power plants. None of us want to re- stopping this $40 million spill experi- have found the Federal dam operations turn to that. ment, encourage clean energy, lower More recently, that same judge who at the Federal Columbia River Power carbon emissions, and save taxpayers issued the order issued a mandated System endanger the existence of the $16 million, while saving fish. spill over the Columbia and Snake Pacific Northwest salmon runs and vio- Bottom line, dams and fish can coex- River dams. ist. After more than two decades in the late our Nation’s laws, including the Now, spill occurs when water and courtroom, let’s let the scientists, not Endangered Species Act. young migrating salmon are shot over As a result, Federal agents have been one judge, manage our river system, the dams. ordered several times to develop a new and get to work to further improve fish dam operation plan to recover the re- b 1515 recovery efforts. Mr. GRIJALVA. Mr. Speaker, I yield gion’s dwindling salmon populations. Spill is like medicine. The right dos- myself as much time as I may con- Instead of requiring Federal dam op- age can help you, but too much can sume. erations to finally come into compli- harm or even kill you. The same is true Mr. Speaker, the bill we are debating ance with the law and develop a salmon for salmon. today, I am sorry to say, is yet another recovery plan that works, H.R. 3144 The judge’s ruling lacked scientific attempt by my Republican colleagues locks in an outdated, illegal plan until backing, as Federal fisheries scientists to accelerate the extinction of our Na- at least 2022 that will cause great harm believe these spill mandates will pro- tion’s fisheries. to wild salmon and struggling fishing vide little or no benefits to juvenile H.R. 3144 weakens protections for communities. salmon or returning adult salmon. And several runs of wild salmon and Furthermore, this bill blocks recent as we have seen, these actions are not steelhead in the Pacific Northwest, court orders requiring additional salm- only in blatant contradiction to the which are extremely important to com- on protection measures at Federal best available science, they are also a mercial, recreational, and tribal fish- dams. It also bans Federal agencies direct attack on ratepayers, the fami- ing interests. from even studying the possible lies and small businesses, and the local This is the worst possible time for changes to dam operations that can economies who depend on affordable, such an extreme approach. Last year, improve salmon survival, such as in- clean, reliable energy. for the first time, Federal scientists creased spill. Ratepayers in our region spend al- surveying the Pacific Northwest salm- In short, this bill causes great harm most up to $1 billion a year, when all is on population came up with empty to wild salmon and many businesses, said and done, on protecting these wild nets, and yet here we are moving a bill Tribes, and communities that depend runs through science-backed spill that that will only worsen the salmon cri- on it. already takes place in other mitigation sis. Mr. Speaker, for these reasons, I urge efforts. But abusive litigation robs While disappointing, I can’t say to- my colleagues to vote ‘‘no,’’ and I re- hundreds of millions of dollars per year day’s bill is entirely surprising. In fact, serve the balance of my time. of hard-earned tax money from the this bill is just the latest attack by my Mr. BISHOP of Utah. Mr. Speaker, I pockets of my constituents. The price Republican colleagues in their broader yield 3 minutes to the gentlewoman tag on the judge’s spill mandates are war on salmon and the salmon fishing from Washington State (Ms. HERRERA estimated to be an additional $40 mil- industry. BEUTLER), who lives in this area and lion taken from ratepayers this year. We saw these same attacks on salm- knows firsthand what is taking place So now we find ourselves here today on when House Republicans jammed there. needing to pass H.R. 3144 for the sake H.R. 23, also known as the GROW Act, Ms. HERRERA BEUTLER. Mr. of salmon runs, for the sake of our through the House recently. Speaker, I thank Chairman BISHOP for ratepayers, and for the sake of the en- This bill sought to eliminate protec- yielding time for me to speak on this vironment. Again, this is not a par- tion for California salmon and put important legislation, and for the work tisan bill; in fact, it is bipartisan, and

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.041 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3545 it represents restoring the Obama ad- Instead of allowing science-based Northwest and our cooperatives an environ- ministration-led collaborative plan to management practices that protect mental edge unmatched elsewhere in the responsibly manage our salmon popu- both endangered species and the many country—as a non-CO2 emitting resource. But due to the long-standing litigation sur- lations and hydroelectric infrastruc- users of these rivers, including hydro- rounding the FCRPS for Endangered Species ture. power generators, this legislation locks Act-listed salmon and steelhead, there con- The SPEAKER pro tempore. The in a failing operation plan that has al- tinues to be uncertainty over BPA’s future time of the gentlewoman has expired. ready been found in violation of the hydropower operations. Specifically, BPA’s Mr. BISHOP of Utah. Mr. Speaker, I Endangered Species Act. Knowingly en- fish and wildlife mitigation program con- yield the gentlewoman from Wash- dangering the existence of salmon is in tinues to be a significant cost driver which ington an additional 30 seconds. direct violation of the law and betrays adversely affects our cooperatives’ abilities Ms. HERRERA BEUTLER. The exact to provide affordable electricity. the long bipartisan tradition of the En- Since 1978, BPA has committed nearly $15.9 same opponents of this bill who claim dangered Species Act. billion to support Northwest fish and wildlife it would ‘‘gut’’ protections—I repeat, Instead of rolling back critical safe- recovery. BPA’s fish and wildlife mitigation the exact same groups—asked the guards and recovery efforts, we should program is the largest in the nation, and court to keep the 2014 BiOp in place. reject this legislation and support a quite possibly the world. Each year, coopera- So, basically, before they opposed it, transparent stakeholder-driven process tives and ratepayers fund BPA’s habitat res- the bill’s opponents asked to do exactly that protects endangered species and toration efforts to open valuable habitat in what our bill does. the many fishermen, businesses, com- the Columbia River estuary and tributaries, So scientists, Federal agencies of ju- add water to streams, and support cool water munities, and Tribes who depend on a temperatures. In 2012, BPA directly invested risdiction, and, yes, at one time, even sustainable Columbia River. more than $450 million to address the im- the bill’s opponents have said that the I urge my colleagues to vote ‘‘no’’ on pacts of federal dams. These activities in- agencies should operate under the 2014 H.R. 3144. cluded protecting land and water habitat, BiOp while a new plan is developed. Mr. BISHOP of Utah. Mr. Speaker, I implementing projects across the Columbia This is a vote for listed salmon be- yield 3 minutes to the gentleman from River Basin, and supporting better fish pas- cause it keeps current measures in Oregon (Mr. SCHRADER), another person sage. Specifically, BPA has made huge long- place, and we know that they are work- who lives in this area and realizes that term investments in large-scale structural ing. This is a vote for the region’s this judicial decision is not necessarily and operational changes to further improve existing fish passage routes as well as to pro- economy, and it avoids wasting mil- based on science and can actually do vide new, safe passage structures to these lions of dollars. And this is a vote for harm to the endangered species. dams. the environment because we cannot Mr. SCHRADER. Mr. Speaker, I in- Therefore, by upholding the 2014 Supple- match the clean, renewable energy pro- clude in the RECORD the following let- mental Biological Opinion, H.R. 3144 appro- duced by our hydro system. ters from the National Rural Electric priately balances environmental and eco- I urge a ‘‘yes’’ vote. Cooperative Association, United Power nomic demands while also protecting exist- Mr. GRIJALVA. Mr. Speaker, I yield Trades Organization, and the National ing hydropower resources in the Pacific 3 minutes to the gentlewoman from Northwest. For these and other reasons, Electrical Contractors Association. NRECA urges support for H.R. 3144 in com- Massachusetts (Ms. TSONGAS), a mem- NRECA, mittee and swift advancement to the House ber of the Natural Resources Com- Arlington, VA, March 14, 2018. floor. mittee. Hon. ROB BISHOP, Sincerely, Ms. TSONGAS. Mr. Speaker, I join Chairman, Committee on Natural Resources, JIM MATHESON, Ranking Member GRIJALVA in opposing House of Representatives, Washington, DC. National Rural Electric this legislation and urge my colleagues Hon. RAU´ L GRIJALVA, Cooperative Association. to vote ‘‘no.’’ Ranking Member, Committee on Natural Re- sources, House of Representatives, Wash- For 45 years, the Endangered Species UNITED POWER ington, DC. TRADES ORGANIZATION, Act has served as one of our Nation’s DEAR CHAIRMAN BISHOP AND RANKING MEM- West Richland, WA, March 22, 2018. bedrock environmental statutes. The BER GRIJALVA: On behalf of America’s elec- Hon. ROB BISHOP, bald eagle, the American alligator, and tric cooperatives, I write to express strong Chairman, Committee on Natural Resources, the gray whale are just a few examples support for H.R. 3144 to require federal agen- House of Representatives, Washington, DC. of iconic species that have recovered cies responsible for the management of the Hon. RAU´ L GRIJALVA, from the brink of extinction thanks to Federal Columbia River Power System Ranking Member, Committee on Natural Re- the Endangered Species Act. (FCRPS) to operate the hydropower system sources, House of Representatives, Wash- in a manner consistent with the current op- Despite its widely recognized success ington, DC. erations plan. DEAR CHAIRMAN BISHOP AND RANKING MEM- and broad support across State and Fifty-four rural electric cooperatives in BER GRIJALVA, I am writing on behalf of the party lines, today, the House is seeking seven Western states receive reliable federal United Power Trades Organization (UPTO) to pass yet another bill that under- hydropower from the FCRPS. For this rea- to express our support for H.R. 3144 which re- mines this bedrock environmental law son, NRECA opposes actions that bring con- quires federal agencies to manage the Fed- and causes irreparable harm to salmon tinued uncertainty to the FCRPS and the eral Columbia River Power System (FCRPS) and steelhead species, species that are Bonneville Power Administration’s (BPA) fu- in accordance with the 2014 Supplemental Bi- already at great risk of extinction, spe- ture hydropower operations. For decades, ological Opinion (Bi-Op). UPTO represents there has been uncertainty over the oper- cies that play an irreplaceable role in over 600 blue collar employees that work at ations of existing hydropower in the Pacific the U.S. Army Corps of Engineers dams on the Pacific Northwest’s ecosystem. Northwest due to federal regulations, court the Columbia-Snake River system. Their presence benefits more than 130 orders and other administrative decisions. Our organization is made up of not only other species, including the critically This continued uncertainty to the FCRPS maintenance personnel, but power plant op- endangered Southern Resident killer continues to affect BPA’s future power generators who are responsible for operating the whales, whose existence depends upon eration, rates and reliability in the region, lock and dam facilities in accordance with healthy salmon runs. and in turn the cooperative systems that de- the Bi-Op. I have been one of those operators This is not just about the Pacific pend upon it for reliable and affordable elec- for over 30 years and have personally seen tric service to their communities. the improvements made at our facilities that Northwest. Any effort to undermine The FCRPS is paramount to power genera- have greatly improved fish survival. It is the Endangered Species Act and, there- tion in the Pacific Northwest, and to Cali- very frustrating when outside interests per- by, its protections for the species and fornia, Nevada, Wyoming and Montana. The suade judicial orders that change the way we landscapes that make our country FCRPS is the largest source of clean, renew- operate to the detriment of fish survival. uniquely American impacts us all. able electricity in the Pacific Northwest. It Contrary to misinformation that has been Several Federal agencies and courts encompasses 31 multi-purpose federally- widely reported, spilling water over the dams have determined that dam operations owned dams along the Columbia and Snake has not been the primary reason for in- in the Columbia and Snake Rivers Rivers and accounts for nearly 40 percent of creases in fish survival through the Colum- total U.S. hydroelectric generation. Its hy- bia-Snake River system. There have been cause significant harm to 13 species or dropower not only provides energy for base- many reasons that fish survival has im- populations of salmon and steelhead load needs and peak times, but also serves as proved including habitat restoration, better listed under the Endangered Species a backup generation source for intermittent oceanic conditions and summer flow aug- Act. wind and solar power. This gives the Pacific mentation. But a major reason for improved

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.043 H25APPT1 H3546 CONGRESSIONAL RECORD — HOUSE April 25, 2018 fish survival is the transportation program. hard work that Representative McMorris power generation and revenue without Fish entering the generating turbine intakes Rodgers put into writing this important leg- having to curtail the very fish mitiga- are directed by rotating screens into bypass islation. This will be included in the NECA tion recovery programs the litigants channels to fish collection facilities where Legislative Report Card for the 115th Con- want that have been helping to recover they are loaded on to barges and given a free gress. We urge all members to vote yes. ride to below Bonneville dam where they are Thank you for your consideration of our our endangered salmon. BPA is becom- released back in to the river. Fish trans- views. ing quickly uncompetitive due to these ported by barge are five times more likely to Sincerely, escalating costs. survive than those that traverse the river. MARCO A. GIAMBERARDINO, MPA, If they go away, what happens? It Spilling water over the dams not only Executive Director, means more natural gas, more fossil costs the taxpayers millions in lost power Government Affairs. fuels. It makes no sense, if your goal is generation, but is actually detrimental to Mr. SCHRADER. Mr. Speaker, it is balancing smart, scientific-based fish fish survival. Fish that pass through the time to put science back in the deci- recovery with clean renewable energy, spillgates are not collected for transport by sionmaking process for Oregon and Pa- barge, thus less likely to survive than those to put BPA out of business and elimi- that are collected. In addition, the more cific Northwest salmon recovery strat- nate local control that the Pacific water that is spilled over the dams, the more egy. Rather than having the courts dic- Northwest has had on determining its supersaturation of nitrogen in the water oc- tate the best way to balance Northwest own future. curs resulting in gas bubble trauma to juve- fish recovery and the region’s power The entire Northwest delegation, Re- nile fish. More spill just doesn’t make sense needs, we should let the experts in U.S. publican and Democrat, worked to- in that it is costly economically, doesn’t Fish and Wildlife, Bonneville Power, gether on this. We would like to con- help the fish, and can even be detrimental to NOAA, and NMFS lead the way. H.R. tinue to do so. We need to stop this fish survival. 3144 allows that to occur. constant litigation. Let the scientific H.R. 3144 is important in that it continues programs and operating procedures that Rather than having fish policy de- experts steeped in fish recovery do have been proven extremely successful in mi- cided by lawsuit, it simply lets the ex- their job. grating fish survival. The Bi-Op is working perts do their job. Quite simply, it will I urge my colleagues to vote ‘‘yes’’ and making changes make absolutely no allow the Federal Columbia River on H.R. 3144. sense. Fish returns are higher than what Power System to be managed accord- Mr. GRIJALVA. Mr. Speaker, I in- they were prior to the first dam built on the ing to the 2014 Obama administration- clude in the RECORD a letter of opposi- Columbia-Snake river system and, although approved biological opinion until a new tion from Governor Kate Brown of Or- hatchery fish are returning in large num- BiOp can be completed in 2020. egon, a letter of opposition to the legis- bers, natural fish returns are up as well too. U.S. Fish and Wildlife, BPA, NOAA, lation from Governor Inslee of Wash- Fish survival through the Columbia-Snake and NMFS have spent years developing ington, 140 undersigned businesses from River dams are at levels that meet or exceed those on rivers that don’t have dams. The recovery plans to restore habitat, en- the region in opposition, the Nez Perce current Bi-Op is the most science-based, courage fish passage, and manage this Tribal Executive Committee in opposi- comprehensive and expensive effort to re- fishery. Their hard work was sum- tion to the legislation, and over 22 en- store an endangered species in the nation. marily thrown out by the court in vironmental and outdoor organizations $1.6 billion have been invested in new tech- favor of continued litigation. In fact, a in opposition to the legislation. nologies and, when operated according to the third—yes, a third—of our power bills JANUARY 22, 2018. Bi-Op, have proven that the dams and fish in the Northwest is dedicated to fish As Governor of the State of Oregon, I write can co-exist. recovery. expressing deep concerns with H.R. 3144. I am Continuing to operate the dams according We have been diligent. Bonneville concerned this legislation would thwart fed- to the Bi-Op is imperative for continued high eral court direction to provide additional rate of survival for migrating fish. H.R. 3144 ratepayers have stepped up time and again. We have made strides, despite spill at dams on the lower Columbia and requires that continuity and is therefore im- Snake rivers and the collaborative state, perative to the continued high survival rate battling the effects of climate change, tribal and federal process that has worked ef- of migrating fish. UPTO urges support for ocean acidification, and overfishing by fectively to develop spill provisions for 2018. H.R. 3144 in committee and swift advance- foreign nations. Some things we can These court-ordered collaborative efforts re- ment to the House floor. control, some things we cannot—like sulted in consensus recommendations from Sincerely, sea lion depredation, we can. all sovereigns, representing a positive, and JACK W. HEFFLING, Despite the scientific evidence and unprecedented, step forward in building President, warnings from Washington and Oregon stronger consensus for recovery actions. H.R. United Power Trades Organization. Fish and Wildlife biologists that say 3144 would negate this progress and our ability to implement and learn from these con- NATIONAL ELECTRICAL sea lions likely account for at least 20 sensus recommendations. CONTRACTORS ASSOCIATION, percent or more of adult salmon loss in H.R. 3144 would also derail ongoing col- Bethesda, MD, April 21, 2018. the Columbia River system, we are not laborative efforts to examine a range of po- House of Representatives, doing anything about it. Even our Gov- tential future dam operations and salmon Washington, DC. ernors agree we need to address this, management options required by the Na- DEAR SPEAKER RYAN: On behalf of the Na- and these are Democratic Governors. tional Environmental Policy Act (NEPA). tional Electrical Contractors Association Let’s deal with that instead of one in- The State of Oregon has engaged in good (NECA), I am writing in strong support of faith as cooperating agencies with federal pending energy legislation being considering junction after another demanding more agency leads for this Columbia Snake River by the House. NECA urges Members to vote spill over the tops of the dams, which, Operations study. This process is vital to se- yes on H.R. 3144—To provide for operations as we have heard, is not based in good cure a sustainable path forward optimizing of the Federal Columbia River Power System science. power, commerce, agriculture and fish recov- pursuant to a certain operation plan for a This latest order will cost $40 million ery within a changing social and environ- specified period of time, and for other pur- to $50 million, with the jury out on its mental landscape. poses, introduced by Representative Cathy effectiveness as to juvenile survival Through NEPA and the Endangered Spe- McMorris Rodgers. and subsequent adult return. Let’s at cies Act, Congress established processes for NECA is the nationally recognized voice of least get some scientific data to see if federal decision-making that are grounded in the $160 billion electrical construction indus- a robust analysis of alternatives in a system- try that brings power, light, and communica- this is a good idea. H.R. 3144 would atic and science-based manner. H.R. 3144 con- tion technology to buildings and commu- allow that to happen. travenes these important principles and nities across the U.S. NECA’s national office BPA is at a crossroads. Natural gas is would disrupt the regional efforts to engage and its 119 local chapters are dedicated to en- abundant, very inexpensive, the pri- in a full, accurate and transparent analysis hancing the industry through continuing mary reason a lot of our coal plants are of salmon and dam management. education, labor relations, safety codes, being phased out. But its low cost, cou- Washington Governor Inslee has expressed standards development, and government re- pled with more and more demands for similar opposition to H.R. 3144. Oregonians lations. NECA is committed to advocating fish mitigation, now threaten to elimi- and Washingtonians share decades of investment in recovering Columbia River salmon, for a comprehensive energy policy that ad- nate our clean, renewable hydropower dresses all available opportunities for energy and I join my colleague in asking you to op- exploration and independence. system that accounts for 50 percent of pose H.R. 3144. The benefits of this legislation are clear: the electricity in the Northwest. Sincerely, job creation, energy independence, and eco- BPA simply cannot absorb more spill KATE BROWN, nomic growth. NECA greatly appreciates the requirements with subsequent loss of Governor.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.014 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3547

STATE OF WASHINGTON, APRIL 20, 2018. Sportfishing Association, Washington, D.C.; OFFICE OF THE GOVERNOR, MEMBERS OF CONGRESS, Grant Putnam, President, Northwest Guides Olympia, WA, December 5, 2017. House of Representatives, and Anglers Association, Tillamook, OR; Hon. ROB BISHOP, Washington, DC. Mike Hubbell, President, Santa Cruz Com- Chairman, Committee on Natural Resources, DEAR MEMBERS OF CONGRESS: The 140 un- mercial Fishermen’s Association, Santa House of Representatives, Washington, DC. dersigned businesses and business associa- Cruz, CA; Linda Behnken, Alaska Longline Hon. DOUG LAMBORN, tions represent commercial and recreational Fishermen’s Association, Sitka, AK; Dustin Chairman, Subcommittee on Water, salmon fishermen and related businesses, Aherin, President, Idaho River Adventures, Power and Oceans, guiding and outdoor retail businesses and Inc., Lewiston and Salmon City, ID; Peter Committee on Natural Resources, restaurants and food industries based in the Grubb, Founder, ROW, Inc & Adventure Un- House of Representatives, Washington, DC. Pacific Northwest. Our businesses and the bound, Inc., Spokane, WA; Mikki Waddell, Hon. RAU´ L GRIJALVA, thousands of jobs that they support region- Operations Manager, Main Market Co-op, Ranking Member, Committee on Natural Re- ally are highly dependent on Columbia Basin Spokane, WA; Max Newland, Education and sources, salmon and steelhead. For this reason we are Event Coordinator, Moscow Food Co-op, House of Representatives, Washington, DC. very concerned about salmon conservation Moscow, ID; Jeff Jerrett, Owner, Jarrett’s Guide Service, Orofino, ID. Hon. JARED HUFFMAN, and recovery efforts in the Columbia Basin. Tyler Nash, Owner, White Pine Gear Ex- Ranking Member, Subcommittee on Water, We are writing to inform you of our strong change & Guide Service, Moscow, ID; Kurt Power and Oceans, opposition to HR 3144. This bill intentionally Hochberg, Owner, F/V Rogue, Crescent City, Committee on Natural Resources, circumvents the public processes guiding operations of the Federal Columbia River CA; Kurt Hochberg, Owner, Crescent Seafood House of Representatives, Washington, DC. Market and Deli, Crescent City, CA; David DEAR CHAIRMEN BISHOP AND LAMBORN AND Power System, application of the Endan- Blaine, Owner, Central Food, Spokane, WA; RANKING MEMBERS GRIJALVA AND HUFFMAN: gered Species Act and recovery of salmon Jeremy and Kate Hansen, Owners, Island Pa- As Governor of the State of Washington, I and steelhead resources. HR 3144 would also cific Kitchen, Sante, Common Crumb, Bis- write to express my deep concerns with H.R. block recent court orders from the U.S. Dis- cuit Wizard, Spokane, WA; Ron Richards, 3144, legislation which would freeze in place trict Court in Portland (OR) that require ad- Owner, F/V Ocean Dancer, Port Angeles, WA; a 2014 biological opinion (BiOp), or salmon ditional salmon protection measures at fed- Bryan Huskey, Owner/Founder, Keep Em Wet management plan, for the dams composing eral dams and reservoirs on the Columbia Fishing, Boise, ID; Zachary Collier, Owner/ the Federal Columbia River Power System. and Snake rivers. While the State of Washington believes the HR 3144 requires Congressional authoriza- Outfitter, Northwest Rafting Co., Hood 2014 BiOp represented a step forward for ef- tion before any additional changes or further River, OR; Mary Wright, Co-owner, Silver forts to protect and recover 13 stocks of study of changing dam operations could be Cloud Expeditions, Salmon, ID; Steve Bly, threatened or endangered Columbia and taken to reduce impacts on migrating salm- Owner, Steve Bly Photography, Boise, ID; Snake river salmon and steelhead, H.R. 3144 on. This removes the best scientific judg- Pam Bly, Idaho Master Naturalist, Boise, ID; Jeri Sahlin, Owner, Choice Therapies, Coeur would thwart constructive ongoing efforts to ment of regional biologists and engineers d’Alene, ID; Craig Wolfrom, Owner, Craig improve future salmon and dam manage- and replaces it with a political process tak- Wolfrom Photography, Bellevue, ID; Bonnie ment. This would not only hurt salmon but ing place in Washington D.C. also the recreational and commercial fish- If passed into law, HR 3144 would prevent Schonefeld, Owner, Lochsa Connection, eries, tribes, and other species (such as federal managers from operating the dams Kooskia, ID; Evelyn Kaide, Owner, The Puget Sound’s southern resident killer with additional fish-saving spill. Eliminating Guide Shop & Clearwater Drifters, Orofino, whales) that benefit from healthy salmon the additional spill would have negative im- ID. David Denning, Owner, The River Com- runs. pacts on all Columbia Basin salmon, but pany, Stanley, ID; Dick Pool, Owner, Pro- I am committed to preserving the benefits would put wild Snake River Brun steelhead Troll Fishing Products, Concord, CA; George of our hydropower dams in a manner that is at immediate risk of extinction; only 362 B- in balance with protecting and restoring Cook, President, Angler’s Rendezvous, run fish have passed the highest dam so far Lacey, WA; Matt Leidecker, Owner, Idaho salmon. While our dams and dam operations this year. The additional spill recently or- have been modified to reduce their impact to River Publications, Ketchum, ID; Marla dered by the court is strongly supported by Lacer, Manager, AVEDA Institute, Boise salmon and steelhead over the last 20 years, regional salmon biologists. It has been there is evidence that salmon may further Boise, ID; Link Jackson, Owner Streamtech shown to be highly effective in increasing ju- Boats, Boise, ID; Debbi Woods, Human Re- benefit from additional modifications to dam venile survival to the Pacific Ocean and the operations that would help restore salmon sources, Manager Boise Co-op, Boise, ID; number of adults returning. One can look at populations. The State of Washington is par- Doug Rees, President, The Guide’s Forecast, the excellent returning runs of fall chinook ticipating in productive regional discussions LLP, Portland, OR; Bob Rees, Owner, Bob in 2014 and 2015 and the resulting economic about the best way to test the potential ben- Rees’ Fishing Guide Service, Portland, OR; benefits to see why increased spill is critical efits of additional ‘‘spill,’’ in 2018 and poten- Paul Fish, President, Mountain Gear, Inc, tially beyond. This discussion and learning in the Columbia Basin. We support the use of Spokane Valley, WA; Steve Schmrsik, Chef, opportunity would be blocked by H.R. 3144’s spill to increase salmon runs. HR 3144 caps Pink Door, Seattle, WA; Jim White, Execu- prohibition on any studies or actions that re- spill at levels already determined to be inad- tive Chef/Food & Beverage Director, strict electricity generation at any dams in equate and detrimental to the recovery Islandwood, Bainbridge Island, WA; Frank the Federal Columbia River Power System, salmon in the Columbia Basin. Ralph, Owner, Ocean Seafood, LLC, Fox Is- even by a small amount. We close by urging you to oppose HR 3144. land, WA; Joel Kawahara, Owner/Fisherman, Similarly, several Washington State agen- Columbia Basin salmon are critical to the F/V Karolee, Quilcene, WA; John Delp, Chef/ cies are engaged as cooperating agencies in health of the coastal and inland economies Co-Owner, Mossback Restaurant, Kingston, the Columbia Snake River Operations study and communities of the Pacific Northwest— WA. process currently being conducted, pursuant including California and Alaska. Our busi- Nichole Curry, Owner/Fisherman, F/V to the National Environmental Policy Act nesses are committed to participating in Karen L, Bellingham, WA; Diana Clausen, (NEPA). This process promises to provide processes that affect salmon and eager to Owner/Fishermen, Clausen Fisheries, Inc, valuable information on a range of potential work with Northwest sovereigns and stake- Port Townsend, WA; Wayne Johnson, Execu- future dam operations and salmon manage- holders to craft lawful, science-based salmon tive Corporate Chef, FareStart, Seattle, WA; ment strategies. As with the discussion re- strategies that meet the needs of imperiled Joel Brady-Power, Owner/Fisherman, F/V garding increased spill over the dams, H.R. salmon populations and the communities of Nerka, Bellingham, WA; Duke Moscrip, CEO, 3144 would halt this learning process in its our great region. Duke’s Seafood & Chowder, Seattle, WA; tracks, preventing a constructive dialog Thank you for your consideration of our Buzz Hofford, District Manager, Bon Appe´tit among federal and state agencies, tribes, and perspective and the effect of your policies on Management Company, Seattle, WA; Renee the public about how best to manage Colum- the culture and economy of the Northwest. Erickson, Chef, Sea Creatures Restaurants, bia and Snake river dams in a region that Sincerely, Seattle, WA; Amy Grondin, Owner/Fisher- must continually adapt to ongoing changes Glen Spain, Northwest Regional Director, man, Duna Fisheries, LLC, Port Townsend, to its climate, salmon habitat, and energy Pacific Coast Federation of Fishermen’s As- WA; Rebecca Argo, Owner/Operator, McClure system. sociation, Eugene, OR; Liz Hamilton, Execu- Bay, LLC, Port Townsend, WA; Jeremy For these reasons, I encourage the Sub- tive Director, Northwest Sportfishing Indus- Brown, Owner/Fisherman, F/V Barcole, Bel- committee on Water, Power and Oceans, the try Association, Oregon City, OR; Jeremy lingham, WA; Marja Murray, Chef, Kiddie full Natural Resources Committee, and the Brown, President, Coastal Trollers Associa- Academy, Seattle, WA; Michael Clausen, full House of Representatives to oppose H.R. tion, Auburn, WA; Jeff Friedman, Co-Presi- Owner/Fishermen, F/V Carol M, Port Town- 3144. dent, Pacific Northwest Whale Watching As- send, WA; Paige Bloskey, Head Chef, Thank you for your consideration of my sociation, Friday Harbor, WA; Greg Mueller, Farestart, Seattle, WA; Dustin Ronspies, input regarding federal legislation that President/Executive Director, Washington Owner/Chef, Art Of The Table, Seattle, WA; could have significant impacts on my state. Trollers Association, Westport, WA; Mary Kirsten Graham, Founder, KGPR, Seattle, Very truly yours, Wright, President, Salmon River Outfitters WA. JAY INSLEE, Association, Salmon, ID; Scott Gudes, Vice Diane LaVonne, Chef/Owner, Diane’s Mar- Governor. President of Government Affairs, American ket Kitchen, Seattle, WA; Greg Friedrichs,

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.020 H25APPT1 H3548 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Owner/Fisherman, F/V Arminta, Port Town- OR; Levi Strayer, General Manager, Smoke- vocacy organizations and business associa- send, WA; Ozzie Anderson, Owner/Operator, house Products, LLC, Hood River, OR; Zack tions extend our deep gratitude for your de- McClure Bay, LLC, Port Townsend, WA; Schoonover, Sales Manager, Maxima USA, cision not to co-sponsor H.R. 3144—recently Karen Jurgensen, Chef Instructor, Seattle Hillsboro, OR; Dany Myers, Owner, North- introduced by several Northwest representa- Culinary Academy/Quillisascut Farm School, west Solutions, Sammamish, WA; Skylen tives. In contrast to sponsor claims, this bill, Seattle, WA; Blaise Holly, President, Freet, Owner, Skylen Freet Guided if passed, would thwart efforts to deliver Stormbird, LTD. (F/V Alaska), Port Town- Sportfishing LLC, Sandy, OR. critical near-term protections for endan- send, WA; Tele Aadsen, Owner/Fisherman, Jack Glass, Owner, Hook Up Guide Service, gered wild salmon, derail the court-ordered Nerka Sea Frozen Salmon, Bellingham, WA; Sandy, OR; Gerald Wooley, President and NEPA environmental review and increase Brad Warren, Executive Director, National COO, Renaissance Marine Group, Inc., uncertainty for Northwest citizens and busi- Fisheries Conservation Center, Seattle, WA; Clarkston, WA; Dave Strahan, Territory nesses. We ask you to actively oppose this Andrew Stout, Co-Founder, Full Circle, Se- Sales Manager, Big Rock Sports, Clackamas, harmful legislation to ensure that it does attle, WA; Darren Gertler, Environmental OR; Don M. New, Owner, New Landing De- not become law. Educator, City of Watsonville, Soquel, CA; sign, LLC, West Linn, OR; Matthew Wild salmon and steelhead are a Northwest Jessica Schuenemann, Co-Owner/President, Schlecht, Owner, Bob’s Sporting Goods, birthright. They are essential to the culture Alder Wood Bistro, Sequim, WA; Jonathan Longview, WA; Bill Monroe Jr., Owner, Bill and economy of our region’s Native Amer- Moore, Owner/Fisherman, F/V Ocean Belle, Monroe Outdoors, LLC, Corbett, OR; ican Tribes and support tens of thousands of Port Townsend, WA; Austin Becker, Co- Madelynn Sheehan, Author, Fishing in Or- non-tribal fishing jobs in urban and rural Chair, Slow Food Seattle, Seattle, WA; Riley egon, Flying Pencil Publications, Scappoose, communities on the West Coast and in Idaho. Starks, Partner/Fisherman, Lummi Island OR; John Daly, Owner, Fight Club Guided Salmon also play an irreplaceable ecological Wild Co-op, Bellingham, WA; Pam Lanua Fishing, Saint Helens, OR; Gabe Miller, role as an indicator species reflecting the Petranek, Commercial Fisherman, Cape Buyer, Far West Sports, Fife, WA; Dan health of our rivers and watersheds. Their Cleare, Port Townsend, WA; Rick Oltman, Pickthorn, President, D & G Bait, Inc., presence benefits more than 130 other spe- Owner/Fisherman, Cape Cleare Fishery, Port Clackamas, OR; Cody Clark, Fishing Buyer, cies, including critically-endangered, prey- Townsend, WA; Gabriel Schuenemann, Chef/ Bob’s Sporting Goods, Longview, WA; Rob deficient Southern Resident Orcas. Co-Owner, Alder Wood Bistro, Sequim, WA; Bignall, Fishing Guide, Its All Good Guide H.R. 3144 is based on misinformation, fails Charlie Hawkes, Owner/Fisherman, F/V Service, Sherwood, OR; Cody Herman, to recognize the important role wild salmon Shake, Port Townsend, WA; Nelly Hand, Owner, Day One Outdoors, LLC, Hillsboro, and steelhead play for Northwest commu- Owner/Fisherman, Drifters Fish, Cordova, OR; Brent Hutchings, CEO, North River nities and ecosystems, and would severely AK; Don Snow, President/CEO, Ocean Run Boats, Roseburg, OR; Kelsey Marshall, Presi- undermine ongoing and much-needed protec- Seafoods, Inc., Newport, OR; Michael dent, Grounds for Change, Poulsbo, WA; tion efforts. If passed into law, H.R. 3144 McCorkle, Commercial Fisherman, SCTA, Christian Zajac, Owner, F/V Serena May, would reverse the May 2016 U.S. District Santa Barbara, CA; Carolyn Faulk, CFO, F/V Santa Cruz, WA. court decision that found the federal agen- Aqua Leo, Santa Cruz, CA; Joe Barrett, cies’ most recent plan for managing federal Owner/Fisherman, F/V Westerner, Sequim, NEZ PERCE TRIBAL dams on the Columbia and Snake Rivers vio- WA; Emily White, Co-Chair, Slow Food Se- EXECUTIVE COMMITTEE, lated the Endangered Species Act and the attle, Seattle, WA; Greg Atkinson, Chef Pro- Lapwai, ID, October 11, 2017. National Environmental Policy Act and prietor, Restaurant Marche´, Bainbridge Is- Nez Perce Tribe’s Statement in Opposition would not protect wild salmon and steelhead land, WA; Rob Seitz, Owner/Operator, F/V to H.R. 3144. from extinction. Three different federal South Bay/South Bay Wild, Inc, Astoria, OR; (‘‘A Bill to Provide for operations of the Fed- judges have now rejected five consecutive Joshua Abel, Owner, Catch Fly Fishing, eral Columbia River Power System pursu- Columbia Basin salmon plans over the past Imaginary Trout, Spokane WA; Dan Grogan, ant to a certain operation plan for a speci- two decades. This failure has cost regional Owner, Fisherman’s Marine & Outdoor, Port- fied period of time, and for other pur- energy consumers and federal taxpayers land, OR; Ron Hiller, President, Active Out- poses.’’) more than $10 billion without recovering a doors, Tigard, OR; Randy Woolsey, VP, Tom The Nez Perce Tribe is committed to re- single endangered salmon population. Posey Co., Tigard, OR; Dan Parnel, Presi- storing salmon and steelhead in the H.R. 3144 would lock in the inadequate and dent, Leisure Sales, Auburn, WA. mainstem Columbia and lower Snake rivers illegal 2014 Columbia Basin Biological Opin- Scott Weedman, Owner, 3 Rivers Marine, to healthy, harvestable populations for all ion, fatally stifle the court order to complete Woodinville, WA; Jennie Logsdon Martin, citizens of the Northwest and to fairly shar- a full, fair NEPA environmental review, and Founder, Ifish, Tillamook, OR; Kevin Newell, ing the conservation burden, consistent with prevent an increase in spring ‘‘spill’’ (water Total Fisherman Guide Service, Woodland, the United States’ 1855 Treaty with the Nez releases over the tops of dams to improve WA; Lacey DeWeert, Total Fisherman Guide Perce. survival of out-migrating juvenile salmon) Service, Woodland, WA; Brad Staples, Owner, The Nez Perce Tribe opposes H.R. 3144 be- beginning in 2018. Ordered by the court ear- Western Fishing Adventures Ltd., West Linn, cause it attempts to short-circuit the federal lier this year and being collaboratively OR; Jarod Higginbotham, Yakima Bait Com- judiciary and federal appellate process with planned by the parties to the litigation this pany, Granger, WA; Steffen Gambill, Prin- respect to providing additional spill to pro- summer, spill is widely recognized by experts ciple, Active Outdoors, Tigard, OR; Jim tect fish. The Tribe also opposes H.R. 3144 be- as our most effective immediate tool to help Stewart, Owner, Ironwood Pacific Outdoors, cause it attempts to short-circuit the full endangered salmon while our region develops Inc., Tigard, OR; Craig Mostul, Sales, Ste- consideration of all alternatives to redress a new, legally valid, scientifically-credible vens Marine, Milwaukie, OR; Herman the impacts of the Federal Columbia River plan. Fleishman, Owner, Northwest Fishing Ad- Power System (FCRPS) dams on salmon and Salmon and fishing advocates share the ventures LLC, Tigard, OR; Harry Bresnahan, steelhead—including breaching the four frustration of many stakeholders with this Owner, Harry Bresnahan’s Guide Service, lower Snake River dams. history of costly and ineffective plans to re- Woodland, WA; Rich & Susan Basch, Owners, Congress, in the National Environmental vive culturally and economically important Ollie Damon’s, Portland, OR; Jim Elliott, Policy Act (NEPA) and in the Endangered salmon populations in the Columbia-Snake Retired, L.H French Co., Woodland, WA; Mi- Species Act (ESA), established federal deci- Basin. We are ready to work with others in chael O’Leary, Owner, Public Purposes LLC, sion-making that is grounded in a full and the region to develop a plan that protects Portland, OR; Mike Borger, President, complete analysis of all alternatives in an and recovers endangered salmon and Catcher Co./Smelly Jelly, Hillsboro, OR. orderly, methodical and science-based proc- steelhead while also meeting the needs of af- Steve Grutbo, Sales & Marketing Manager, ess. Both NEPA and the ESA ensure that all fected interests. H.R. 3144, however, will not Smokehouse Products, LLC., Hood River, the citizens of this Nation will have a full, move our region in that direction; rather it OR; Trey Carskadon, Director of Marketing, accurate, and transparent analysis of the im- will move us away from a real opportunity O’Loughlin Trade Shows, Beaverton, OR; portance of salmon and steelhead to the Pa- to craft a durable, responsible solution. Earl Huff, Retired, Eagle Cap Fishing cific Northwest and the Nation, the impact Thank you again for your decision not to Guides, Joseph, OR; John Kirby, Ancient the FCRPS dams have on these iconic spe- sponsor H.R. 3144. We hope that you will ac- Mariner Guide Service, Bay City, OR; Mi- cies, and the legacy we want to leave our fu- tively oppose it and do everything you can to chael Glass, Owner, Oregon, Rod, Reel & ture generations. And, both NEPA and the prevent this bill from becoming law. Tackle, Eugene, OR; Alex Brauer, Brand Di- ESA contain mechanisms so that tradeoffs Sincerely, rector, Fish Marketing, Portland, OR; Greg can be considered, investments in local com- Tom France, Pacific Regional Executive Hublou, Owner, Bayside Guided Adventures, munities impacted by decisions can be Director, National Wildlife Federation. Mis- Tillamook, OR; William Jordan Keesler, planned, and truly informed decisions can be soula, Montana; Giulia Good Stefani, Staff Admin, Poulsen Cascade Tackle, Clackamas, made. H.R. 3144 runs counter to these Attorney for the Marine Mammal Protection OR; Andy Walgamott, Northwest Sportsman foundational principles of sound, consistent Project, National Resources Defense Council, Magazine, Tukwila, WA; Tom Posey, Past and sustainable governance. Mosier, Oregon; Robb Krehbiel, Washington President NSIA, Retired, Fishing Tackle State Representative, Defenders of Wildlife, Manufacturers’ Rep for NW and Alaska, AUGUST 23, 2017. Seattle, Washington; Wendy Gerlitz, Policy Portland, OR; Chris Vertopoulos, Owner, DEAR POLICYMAKER: The undersigned con- Director, NW Energy Coalition, Portland, Northwest Angling Experience, Portland, servation, salmon, orca, and clean energy ad- Oregon; Ben Enticknap, Pacific Campaign

VerDate Sep 11 2014 04:58 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.017 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3549 Manager & Senior Scientist, Oceana, Port- started. There was a rich fisheries ex- The SPEAKER pro tempore. The land, Oregon; Bill Arthur, Columbia-Snake istence. Rumor had it that you could time of the gentleman has expired. River Salmon Caucus Chair, Sierra Club, Se- actually—people claimed you could Mr. GRIJALVA. I yield the gen- attle, Washington; Julian Matthews, En- walk across the backs of the salmon tleman from Oregon an additional 1 rolled Nez Perce Tribal member and Treas- when they were spawning. minute. urer, Nimipuu Protecting the Environment, Mr. BLUMENAUER. Mr. Speaker, Pullman, Washington; Liz Hamilton, Execu- The dams implemented, good for pro- tive Director, Northwest Sportfishing Indus- ducing energy, not good for the fishery when I look at what this Congress— try Association, Oregon City, Oregon; Jer- system, both in terms of the river and particularly, under Republican rule— emy Brown, President Coastal Trollers Asso- the marine ecosystem that depends on has done trying to intervene to super- ciation, Bellingham, Washington; Thomas it. sede science, to have political decisions O’Keefe, Ph.D, Pacific Northwest Steward- And it is not just the commitment to on things that really deserve balance ship Director, American Whitewater, Se- the Endangered Species Act and the en- with the environment, with treaty attle, Washington; Wendy McDermott, Riv- vironment. We are dealing here with rights, dealing with the long-term per- ers of Puget Sound-Columbia Basin Director, commitments to Native Americans spective, it is not a very encouraging American Rivers, Bellingham, Washington; who have been ill-served with their record. Noah Oppenheim, Executive Director, Pa- cific Coast Federation of Fishermen’s Asso- treaty rights. That is one of the rea- I strongly urge that we side with en- ciations, San Francisco, California. sons why we have litigated this for vironmentalist groups, with our two Howard Garrett and Susan Berta, Direc- years, because they had valid treaty Governors, with a number of us in the tors, Orca Network, Whidbey Island, Wash- rights as a sovereign people, and the delegation to allow this process to ington State; Aaron Tam, Pacific Northwest United States violated them; and only work and not undercut it and put us Organizer, Endangered Species Coalition, recently, under the pressure of litiga- back in court. If so, I will guarantee Washington, D.C; Joseph Bogaard, executive tion, were we responsive to their needs that we will be back here next year and director, Save Our wild Salmon Coalition, and some changes were made. the year after that with things worse Seattle, Washington; Kevin Lewis, Executive Now, it is not just the current Fed- rather than better. Director, Idaho Rivers United, Boise, Idaho; Justin Hayes, Program Director, Idaho Con- eral judge. We have had objections b 1530 servation League, Boise, Idaho; Rich Simms, through the Judiciary looking at some of the compromises that people have Mr. BISHOP of Utah. Mr. Speaker, as President, Wild Steelhead Coalition, Seattle, one of the eight Tribes that endorse Washington; Greg Haller, Conservation Di- made. I understand the political pres- rector, Pacific Rivers, Portland, Oregon; sures. I watch it in terms of the econ- this bill said: The BiOp exceeds re- Mike Petersen, Executive Director, The omy, in terms of transportation, in quirements established by the courts Lands Council, Spokane, Washington; Tom terms of Native Americans, in terms of and by the ESA, and yet plaintiffs VanderPlaat, President, Association of fish and wildlife, in terms of agricul- want more. The court should uphold Northwest Steelheaders, Milwaukie, Oregon, tural interests. the 2008 BiOp. John DeVoe, Executive Director, These are difficult and troublesome Mr. Speaker, I yield 2 minutes to the WaterWatch of Oregon, Portland Oregon; Ed gentleman from Washington (Mr. Chaney, Director, Northwest Resource Infor- efforts, and there is no good response because we have made more commit- NEWHOUSE), speaking on behalf of the mation Center, Eagle, Idaho; Brian Brooks, eight Tribes that endorse this in his Executive Director, Idaho Wildlife Federa- ments than the mighty Columbia River tion, Boise, Idaho. can deliver on. We treat it like a ma- area. Colleen Weiler, Rekos Fellow for Orca Con- chine, and we have difficulty recon- Mr. NEWHOUSE. Mr. Speaker, I servation, Whale and Dolphin Conservation, ciling it. thank the chairman of the Natural Re- Corvallis, Oregon; Trish Rolfe, Executive Di- The judge in the case has found that sources Committee for yielding time to rector, Center for Environmental Law & Pol- the plan was wanting and has put in me. icy, Seattle, Washington; Brett place a system for the new BiOp. This Mr. Speaker, earlier this afternoon, I VandenHeuvel, Executive Director, Colum- legislation is not going to stop litiga- had the opportunity during debate on bia Riverkeeper, Hood River, Oregon; Grant the rule to rise and speak about this Putnam, President, Northwest Guides and tion. If it passes, I will guarantee you, we will be back in court, and I think bill, as well as the great coalition of Anglers Association, Clackamas, Oregon; An- constituents and stakeholders who drea Matzke, Executive Director, Wild Wash- there is a very strong likelihood that, have collaborated to support H.R. 3144. ington Rivers, Index, Washington; Miyoko rather than moving it forward, it will Some of the strongest voices are that Sakashita, Oceans Director, Senior Counsel, delay it. Center for Biological Diversity, Oakland, Look at the record in terms of the of our local public utility districts and California; Bert Bowler, Director, Snake opponents to approaches like this on rural electric cooperatives across the River Salmon Solutions, Boise, Idaho; Gary how they have fared in court. It is not Pacific Northwest, who have been im- MacFarlane, Ecosystem Defense Director, a good record. mensely helpful in their advocacy and Friends of the Clearwater, Moscow, Idaho; Now, I would suggest strongly that engagement of this legislation. Bob Sallinger, Conservation Director, Audu- we are better served by allowing this Mr. Speaker, I include in the RECORD bon Society of Portland, Portland, Oregon; a stack of letters and resolutions of Michael Wells, President, Clearwater-Snake process to go forward. Respect NEPA; respect the Endangered Species Act; re- support from these groups in Oregon, Rivers Trout Unlimited, Moscow, Idaho; Idaho, and also my home State of Darilyn Parry Brown, Greater Hells Canyon spect the process that is put in place; Council, La Grande, Oregon; Chris Wilke, Ex- and look at all the options. Washington. I would like to express my ecutive Director, Puget Soundkeeper Now, I am not saying tomorrow we sincere gratitude for their support as Alliiance, Seattle, WA; Whitney Neugebauer, are going to tear down Snake River well. Director, Whale Scout, Bothell, Washington. dams, but there are lots of options BLACHLY-LANE ELECTRIC CO-OP, Mr. GRIJALVA. Mr. Speaker, I yield short of dam removal. When we start Eugene, OR, March 1, 2018. 4 minutes to the gentleman from Or- taking things off the table, we limit Re Support H.R. 3144 to Protect the North- west’s Economy, Environment, and ESA- egon (Mr. BLUMENAUER). our ability to meet our responsibilities Listed Salmon. Mr. BLUMENAUER. Mr. Speaker, I under the law and under our treaty ob- DEAR MEMBERS OF THE NORTHWEST CON- appreciate the gentleman’s courtesy in ligations and, candidly, in what is GRESSIONAL DELEGATION: Blachly-Lane Elec- permitting me to speak on this and the going to be in the best interest of solv- tric Cooperative joins Northwest elements that he just put into the ing a very complex issue. RiverPartners and our fellow northwest elec- RECORD. These are tough issues. I would hope that we would reject tric cooperatives in thanking you for your The Bonneville Dam, one of the ele- this legislation not only because I bipartisan opposition to misguided compo- ments here, is in my district. I have think it is ill-advised—I think it under- nents of the President’s FY19 budget pro- been involved with these issues, lit- cuts the environment, our obligations posal related to the Bonneville Power Ad- erally, for decades. I have watched the to the Native Americans, that it will ministration’s transmission assets and rates. give-and-take. delay it rather than accelerate it—but We value that the delegation recognizes BPA’s transmission and power generation as- Part of what we are facing today is I think it provides a precedent that we sets as a pillar of the Northwest economy the legacy of our moving in to create don’t want to have. I don’t think we and critical to our region’s carbon-free elec- the Bonneville system without really want to have Congress intervening in tric energy production, and your united con- knowing what we were doing when we the midst of these processes. cern for constituents in the region.

VerDate Sep 11 2014 03:04 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.024 H25APPT1 H3550 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Your bipartisan commitment to protecting further harm to the fisheries. Modest, prac- mitted by Salmon River Electric Coopera- BPA’s statutory mission and the longevity tical action now will help BPA avoid the eco- tive, Inc. We are a small rural electric coop- of the Federal Columbia River Power System nomic cliff it faces. To wait and later bail erative located in central Idaho. We dis- allows us to ask you for support of H.R. 3144. out the agency could impose enormous costs tribute electricity to 2700 electric accounts The bill will protect the region’s access to on regional ratepayers and taxpayers. over eight hundred miles of distribution renewable, carbon free, and reliable federal Thank you for your time and thoughtful lines. Our economy is made up of ranching hydropower while mitigating hydropower consideration of one of the most crucial and agriculture, mining, recreation and tour- impacts and protecting Endangered Species issues facing the Northwest in years. ism, and public land management. Ninety- Act listed salmon. Sincerely, eight percent of the lands around us are pub- H.R. 3144 would allow the NEPA process to JOE JARVIS, lic lands. This leaves very little tax base to continue as the Court has ordered, with a General Manager. operate our local economies. Low cost, clean, comprehensive and transparent review of environmentally safe and carbon free, and federal hydrosystem operations, while post- NORTHERN LIGHTS, INC., reliable electricity has been and will remain poning costly and potentially harmful exper- Sagle, ID, March 9, 2018. critical to the lives of our member owners. imental spill and hydro operations in the in- DEAR SENATOR RISCH: Northern Lights, We were pleased to see the congressional del- terim. Inc. strongly supports H.R. 3144, bipartisan egation recently join together in a bipar- BPA faces uncertainty as escalating fish legislation that protects the Northwest’s ac- tisan manner to oppose ill-advised compo- and wildlife costs and related litigation neg- cess to renewable, clean and reliable federal nents of the President’s FY19 budget pro- atively impact its power rates. Keeping BPA hydropower while mitigating hydropower posal related to the Bonneville Power Ad- sound and competitive serves to shield the impacts and protecting ESA listed salmon. ministration’s (‘‘BPA’’) transmission assets agency from political attacks coming from We urge you to advance H.R. 3144 as part of and rates. At a time defined by partisan ran- outside the region. H.R. 3144 provides vital the Fiscal Year 2018 appropriations bill or cor, it is refreshing that our elected officials near-term certainty by temporarily retain- any other legislation considered this Con- are able to unite to protect constituents in ing the federal hydrosystem operations plan gress. the region and recognize that BPA’s trans- supported by both the Bush and Obama Ad- BPA is in a precarious financial situation mission and power generation assets are the ministrations that was extensively vetted by with a rate trajectory that is unsustainable. backbone of the Northwest economy and the independent scientists, only until an ongoing If this unsettling trend continues, BPA will mainstay of our region’s carbon-free electric NEPA review process concludes in 2021. not be competitive with alternative power energy production. BPA estimates the Court-ordered spill ex- supply choices in the region when it seeks This ongoing bipartisan commitment to periment could cost its power customers an customer contract renewal in 2028. While we protecting BPA’s statutory mission and the estimated $40 million this year. NOAA Fish- greatly value the carbon free, flexible hydro- longevity of the Federal Columbia River eries’ Science Center modeling shows this power resources that BPA provides, as an Power System (‘‘FCRPS’’) is why we are ask- additional spill would provide little or no electric cooperative, we have a responsibility ing you to support legislation introduced in added benefits to protected juvenile salmon to deliver power to our members at an af- the House (H.R. 3144) that would protect the or returning adults. The costs of this experi- fordable rate whether that comes from BPA region’s access to renewable, carbon free, ment to our electric cooperative members or elsewhere. and reliable federal hydropower while miti- are far too great, and the outcome to fish far Although BPA’s power rates are influenced gating hydropower impacts and protecting too negative. by a variety of cost-drivers, one of the larg- Endangered Species Act (‘‘ESA’’) listed If that isn’t enough, the spill operations est variables is fish and wildlife program salmon. This commonsense legislation tem- will add 840,000 metric tons of carbon emis- costs. Along these lines, we are particularly porarily keeps in place a federal sions by removing 815 megawatts of carbon- concerned about ESA-driven litigation over hydrosystem operations plan supported by free federal hydrosystem generation and re- federal hydro system operations that has both the Bush and Obama Administrations. placing it with fossil fuels. This large loss of plagued our region for almost 20 years. Most and was extensively vetted by independent hydroelectric generation simply can’t be re- recently, as a result of legal proceedings in scientists, only until an ongoing NEPA replaced by increasing efficiency, intermittent the U.S. District Court for the District of Or- view process is concluded in 2021. H.R. 3144 wind or solar resources. The Court-ordered egon, a federal judge has ordered a spill ex- would allow the NEPA process to continue as spill undermines Oregon and Washington’s periment that could cost BPA power cus- the Court has ordered, with a comprehensive progress toward our carbon-reduction goals. tomers an estimated $40 million just this and transparent review of federal Your support of H.R. 3144 will keep sci- year. Yet federal modeling shows that this hydrosystem operations, while postponing entifically recognized ESA-listed salmon additional spill would provide little or no costly and potentially harmful experimental protection measures in place while allowing added benefit to protected juvenile salmon spill and hydro operations in the interim. a rational, deliberative NEPA process to gen- or returning adults. This is particularly Sincerely, erate credible data for future potential dam troubling to a consumer-owned power com- KEN DIZES. operations and salmon-management strate- munity that remains committed to funding gies. H.R. 3144, contrary to critics’ state- the largest mitigation for threatened species BENTON PUD, ments, will simply allow for a much-needed in the nation. March 13, 2018. ‘‘time out’’ from over 20 years of litigation As stewards of the Columbia River, it is Re Support H.R. 3144. and allow the federal agencies to focus their our collective responsibility to get off the DEAR MEMBERS OF THE WASHINGTON STATE limited resources on conducting the best sidelines and identify practical solutions to CONGRESSIONAL DELEGATION: On behalf of NEPA process possible to comply with the tough problems. H.R. 3144 is just that, it Benton PUD customers, we urge you to sup- court’s order. would provide much needed relief from the port H.R. 3144 that protects the hydro sys- Also know that the region is not in agree- endless litigation by temporarily keeping in tem and the benefits it brings to the region ment on the Court-ordered 2018 spill oper- place a 2014 biological opinion built on the through clean, renewable and affordable ations. The federal Action Agencies (BPA, best available science from two consecutive power. Army Corps, and Bureau of Reclamation), Administrations (Bush and Obama). We are H.R. 3144 provides relief in the endless liti- RiverPartners, Idaho, Montana, Confed- pleased that this biological opinion has regation of federal hydro system operations by erated Tribes of the Colville, the Kootenai sulted in improved salmon survival at dams directing the federal agencies to implement Tribe of Idaho, and the Salish-Kootenai due to changes in operations and the instal- the current Biological Opinion that has been tribe, have appealed the ruling to the Ninth lation of new fish passage technologies. Re- vetted and supported by previous presi- Circuit. The Court-ordered spill would aban- taining the 2014 biological opinion also al- dential administration’s top scientists and don federal agencies’ best science and exper- lows the federal agencies to focus on the resulted in wild salmon numbers trending tise in favor of dictating from the bench an court-ordered NEPA environmental review significantly upward due to changes in oper- operational ‘‘experiment’’ for the complex process without being distracted by litiga- ations and the installation of new passage and crucial federal hydrosystem. That is not tion. technologies. a proper role for any Court. Let’s take a time out from the courtroom Over the years of the operation of the Fed- We urge members of the delegation to sup- and rally around a practical solution. On be- eral Columbia River Power System (FCRPS), port this commonsense bill with a continued half of Northern Lights, Inc. we urge you to Northwest electric ratepayers have invested bipartisin spirit. Your leadership is impera- support H.R. 3144. over $16 billion on infrastructure and fish en- tive to keep BPA’s hydropower generation Sincerely, hancement efforts. We are appreciative of assets affordable and to improve the agen- ANNIE TERRACCIANO, the countless efforts that have already been cy’s competitiveness as quickly as possible. General Manager, made within the FCRPS operations to im- Without a competitive product to transmit Northern Lights, Inc. prove juvenile fish passage survival. over the wires, BPA will be challenged to H.R. 3144 allows the court ordered NEPA meet its important statutory obligations of SALMON RIVER process to continue with a comprehensive providing power and protecting fish and ELECTRIC COOPERATIVE, INC., and transparent review of federal wildlife. Challis, ID, August 25, 2015. hydrosystem operations, while postponing Passage of H.R. 3144 is critical to help DEAR MEMBERS OF THE NORTHWEST CON- costly and potentially harmful experimental avoid BPA’s current perilous trajectory and GRESSIONAL DELEGATION: This letter is sub- spill operations in the interim.

VerDate Sep 11 2014 05:27 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.027 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3551 As Commissioners of public utilities lo- electric power generation or navigation on ports the proposed legislation and encour- cated in the heart of the Northwest, we the Columbia River. ages you to join the bipartisan effort. H.R. strongly believe that we can achieve our goal Now, therefore be it hereby resolved That 3144 is very important legislation to the Pa- to balance the needs of healthy salmon and the Commission of Public Utility District cific Northwest’s public power, agriculture, steelhead populations with the imperative to No. 1 of Benton County, Washington, (‘‘Dis- inland port and business communities. preserve a valuable hydropower system that trict’’) supports federal legislation H.R. 3144 Thank you, is integral to our region’s quality of life. To introduced to ‘‘provide for operations of the JO ELG, do so, we must provide stability and cer- Federal Columbia River Power System pur- General Manager. tainty to management of the FCRPS and suant to a certain operation plan for a speci- fish recovery efforts. fied period of time’’; RESOLUTION The legislation is needed to protect the Be it further resolved that the District (October 23, 2017) Snake River dams and the renewable, car- supports this legislation as it: SUPPORTING H.R. 3144 FEDERAL LEGISLATION AD- bon-free, affordable and reliable hydropower 1. Offers a creative solution that is good DRESSING FEDERAL COLUMBIA RIVER POWER provided to our customers and the customers for both listed salmon and the economy of SYSTEM BIOLOGICAL OPINION across the region. the Northwest and Benton County. Whereas, Members of United Electric Co- Sincerely, 2. Provides relief in the endless litigation op, Inc., Idaho, receive 94% percent of their COMMISSIONER BARRY of federal hydro system operations by direct- electricity from the Federal Columbia River BUSH. ing the federal agencies to implement the Power System (FCRPS); and COMMISSIONER LORI current federal salmon plan, known as the Whereas, Hydropower provides 60 percent SANDERS. 2014 Supplemental BiOp. This BiOp was vet- of the Pacific Northwest’s renewable, afford- COMMISSIONER JEFF HALL. ted and supported by the previous presi- able and reliable electricity which the ma- dential administrations’ top scientists and jority of it is produced by the FCRPS; and RESOLUTION NO. 2413 has resulted in wild salmon numbers Whereas, hydroelectric dams also provide (July 25, 2017) trending significantly upward due to changes many benefits to the region, including irri- SUPPORTING H.R. 3144 FEDERAL LEGISLATION AD- in operations and the installation of new gation, flood control, navigation, and recre- DRESSING THE FEDERAL COLUMBIA RIVER passage technologies. ation: and Whereas, federal legislation requires the POWER SYSTEM BIOLOGICAL OPINION 3. Provides time for the federal agencies to complete the court-ordered NEPA environ- federal agencies responsible for the manage- Whereas, Customers of Public Utility Dis- mental review process analyzing federal ment of the FCRPS (Bonneville Power Ad- trict No. 1 of Benton County, Washington, hydro system operations and focuses the ministration (BPA), Army Corps of Engi- hereinafter referred to as ‘‘the District’’, re- general agencies limited resources on get- neers, Bureau of Reclamation) to operate the ceive 77 percent of their electricity from the ting that process right. Without the legisla- hydro system in compliance with the FCRPS Federal Columbia River Power System tion, the agencies would be compelled to au- Biological Opinion (BiOp) approved by NOAA (FCRPS); and Fisheries in 2008/2010 and supplemented in Whereas, Hydropower provides 70 percent thor a new 2018 BiOp without the benefit of the new science and public input provided by 2014, and of Washington State’s renewable, affordable Whereas, The FCRPS BiOp has successfully and reliable electricity and 60 percent of the the comprehensive NEPA review. 4. Avoids experiments or spill tests at the improved fish runs including 97% of young Pacific Northwest’s electricity with the ma- salmon successfully making it past the dams eight Columbia and Snake River dams, and jority of the power produced by the FCRPS; proving that both dams and fish can coexist; studies and modifications at the dams which and and Whereas, Hydroelectric dams also provide would restrict electrical generation, which Whereas, BPA has spent $15.28 billion in many benefits to the region, including flood would create uncertainties in BPA’s power total spending on infrastructure and fish control, navigation, irrigation, and recre- costs and supply and raise Northwest elec- mitigation projects since 1978; and ation; and tric customers’ rates. Whereas, Despite the success of the current Whereas, Federal legislation requires the Adopted at an open meeting as required by FCRPS BiOp, in March 2017, the United federal agencies responsible for the manage- law this 25th day of July, 2017. States District Court for the District of Or- ment of the FCRPS (Bonneville Power Ad- egon (Court) directed the federal agencies to ministration (BPA), Army Corps of Engi- UNITED ELECTRIC CO-OP INC., undertake a comprehensive review of hydro neers, Bureau of Reclamation) to operate the Washington, DC, February 27, 2018. operations under the National Environ- hydro system in compliance with the Bio- Re H.R. 3144 To provide for operations of the mental Policy Act (NEPA) and strongly logical Opinion (BiOp) approved by NOAA Federal Columbia Power System pursu- urged the federal agencies to include anal- Fisheries in 2008/2010 and supplemented in ant to a certain operation plan for a ysis of the removal, bypass or breaching one 2014; and specified period of time, and for other or more of the four lower Snake River dams; Whereas, The FCRPS BiOp has successfully purposes. and improved fish runs including 97 percent of DEAR SENATOR RISCH: On behalf of the Whereas, H.R. 3144, ‘‘To provide for oper- young salmon successfully making it past membership of United Electric Co-op, Inc. ations of the Federal Columbia River Power the dams proving that both dams and fish (United Electric), I am once again writing to System pursuant to a certain operation plan can coexist; and seek your support to help pro-actively pre- for a specified period of time’’, was intro- Whereas, BPA has spent $15.28 billion in serve the economic value of the Federal Co- duced in the United States House of Rep- total spending on infrastructure and fish lumbia River Power System and its multiple resentatives to ensure the FCRPS BiOp re- mitigation projects since 1978; and uses: flood control, power generation, irriga- mains in effect until 2022, and Whereas, Despite the success of the current tion, navigation and commerce and recre- Whereas, The federal legislation would FCRPS BiOp, in March 2017, the United ation. United Electric serves 6,400 meters in continue federal hydro operations through September 30, 2022 or until the court-ordered, States District Court for the District of Or- portions of Minidoka and Cassia counties in comprehensive environmental NEPA process egon (Court) directed the federal agencies to Southern Idaho and purchases its wholesale concludes, a new Biological Opinion is in undertake a comprehensive review of hydro power supply from the Bonneville Power Ad- place and judicial review is complete, and ministration. operations under the National Environ- Whereas, The federal legislation would pro- As you know, the Bonneville Power Ad- mental Policy Act (NEPA) and strongly hibit studies, plans or structural modifica- urged the federal agencies to include anal- ministration has been plagued by litigation tions at the dams which would impair hydro- ysis of the removal, bypass or breaching one over the biological opinion which has been electric power generation or navigation on or more of the four lower Snake River dams; vetted through three administrations and the Columbia and Snake Rivers; and and was updated in 2014 by the Obama Adminis- Now, therefore be it hereby resolved by the Whereas, H.R. 3144, ‘‘To provide for oper- tration, referred to as the 2014 Supplemental Board of Directors of United Electric Co-op, ations of the Federal Columbia River Power Biological Opinion. Judges in Oregon have Inc., Idaho, supports the federal legislation System pursuant to a certain operation plan ignored science, the experts in the industry, identified as H.R. 3144 which was introduced for a specified period of time’’, was intro- and NOAA’s top scientists in what appears to to provide for operations of the Federal Co- duced in the United States House of Rep- be agenda driven rulings. lumbia River Power System pursuant to a resentatives to ensure the FCRPS BiOp re- This common sense legislation temporarily certain operation plan for a specified period mains in effect until 2022; keeps in place the 2014 Biological Opinion’s of time; Whereas, The federal legislation would hydro system operations and allows the Be it further resolved that United Electric continue federal hydro operations through court ordered NEPA process to continue supports this legislation as it: September 30, 2022, or until the court-or- with a comprehensive and transparent re- 1. Offers a creative solution that is good dered, comprehensive environmental NEPA view, while postponing costly and poten- for both listed, salmon and the economy of process concludes, a new BiOp is in place, tially harmful experimental spill operations the Northwest and Cassia and Minidoka and judicial review is complete; and in the interim. Counties. Whereas, The federal legislation would pro- Please see the attached Resolution adopted 2. Provides relief in the endless litigation hibit studies, plans or structural modifica- by the Board of Directors of United Electric of federal hydro system operations by direct- tions at the dams which would impair hydro- in support of H.R. 3144. United Electric sup- ing the federal agencies to implement the

VerDate Sep 11 2014 05:27 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.029 H25APPT1 H3552 CONGRESSIONAL RECORD — HOUSE April 25, 2018 current federal salmon plan, known as the nomic benefits to the Pacific North- sound by the Obama administration, 2014 Supplemental BiOp. This BiOp was vet- west. Whale watching is a major tour- and has resounding support among ted and supported by the Obama Administra- ist attraction in Washington and has stakeholders in the region. tion’s top scientists and has resulted in wild We need to ensure that science is salmon numbers trending significantly up- contributed an additional $65 million ward due to changes in operations and the to the State’s economy each year. guiding the operations of the power installation of new passage technologies. Losing these killer whales would not system and not judicial orders and spe- 3. Provides time for the federal agencies to only have an irreversible effect on the cial interest ideologies. We need a con- complete the court-ordered NEPA environ- marine ecosystem, it would be a huge sensus approach by local stakeholders, mental review process analyzing federal blow to the tourism industry and to not a mandate imposed by judicial fiat. hydro system operations and focuses the the local businesses that rely on their This bipartisan bill is supported by general agencies limited resources on get- survival. trade unions, the Farm Bureau, re- ting that process right. Without the legisla- gional stakeholders, and a number of tion, the agencies would be compelled to au- H.R. 3144 may be known as the Salm- thor a new 2018 BiOp without the benefit of on Extinction Act, but, frankly, we public utility districts. the new science and public input provided by should tack on Southern Resident kill- Mr. Speaker, I urge my colleagues to the comprehensive NEPA review. er whales to that name. Without access support this good piece of legislation. 4. Avoids experiments or spill tests at the to waters beyond the Snake River Mr. GRIJALVA. Mr. Speaker, I yield eight Columbia and Snake dams, and studies dams, salmon populations will con- such time as he may consume to the and modifications at the dams which would gentleman from California (Mr. restrict electrical generation, which would tinue to plummet, and without salmon, the Southern Resident killer whales HUFFMAN), vice ranking member of the create uncertainties in BPA’s power costs Natural Resources Committee. and supply and raise Pacific Northwest elec- will die. tric customers’ rates. The fate of both these species rests in Mr. HUFFMAN. Mr. Speaker, I thank Adopted as a non-binding Resolution for our hands. I urge my colleagues to the gentleman from Arizona for yield- the purposes recited herein at a regularly stand with me and stand with the ing me time. scheduled meeting of the Board of Directors whales and vote against H.R. 3144. Mr. Speaker, today we are being this 23rd day of October, 2017. Mr. BISHOP of Utah. Mr. Speaker, asked to pass yet another bill that un- Mr. NEWHOUSE. Mr. Speaker, many unfortunately, NOAA did a study which dermines the Endangered Species Act advocates for the environmental lobby simply said that the hatchery produc- and accelerates the extinction of our claim to be pro-science, but it is clear tion of salmon in this area more than Nation’s fish and wildlife. Specifically, H.R. 3144, the Salmon that far too often they only rely on offsets any loss that comes from the Extinction Act, undermines protec- that science when it is convenient. dams. So even though we have this The spill order mandated by this tions for several runs of wild salmon issue of an endangered species trying judge could have harmful effects on the and steelhead in the Pacific Northwest. to eat another endangered species, very fish species the BiOp was created The Northwest’s iconic salmon runs which one are we going to support. to protect, and yet my colleagues in are extremely important to commer- I yield 2 minutes to the gentleman opposition to this bill say that we are cial, recreational, and Tribal fishing from Colorado (Mr. LAMBORN), who is a the ones trying to hurt the fish. interests across the country. Federal agencies and scientific ex- member of our committee who under- My Republican colleagues are push- perts warn of the risks these spill man- stands this particular issue. ing this bill even though the region’s Mr. LAMBORN. Mr. Speaker, I thank dates can place on the fish. We should salmon runs are currently at crisis lev- the gentleman from Utah for his lead- listen to these experts. We should sup- els. port science. Now is not the time to be ership. Recently, we have even seen report- Mr. Speaker, H.R. 3144, introduced by pushing ideology. Now is the time to be ing that, for the first time, Federal sci- Mrs. MCMORRIS RODGERS of Wash- pushing pro-science pragmatism to entists who were surveying Northwest both save our salmon and save our ington, was considered by the sub- salmon populations came up with dams. committee I chair, Water, Power, and empty nets. Mr. GRIJALVA. Mr. Speaker, I yield Oceans. It looks to provide certainty And yet, here we are today, advanc- 3 minutes to the gentleman from Cali- and reliability to the Federal Columbia ing a bill that will do nothing but ac- fornia (Mr. LOWENTHAL), the ranking River Power System in the Pacific celerate our Nation’s existing salmon member of the Natural Resources Com- Northwest. This system includes four declines. mittee. large dams in the lower Snake River in The bill also represents a troubling Mr. LOWENTHAL. Mr. Speaker, en- Washington State that provide the re- attack on the legal process. If enacted, dangered salmon are not the only spe- gion with a number of benefits, includ- it would overturn legally sound court cies that H.R. 3144 puts at risk. By re- ing renewable emission-free hydro- decisions simply because the bill’s moving critical protections for salmon power. sponsors don’t like them. runs, this bill would also push one of Despite all of these benefits, the Instead of following the law, this bill our most treasured whale species closer power system has been mired in third- forcibly mandates the use of an out- to extinction. party litigation for decades. Some liti- dated illegal salmon recovery plan for As pointed out by Congresswoman gious groups have focused their efforts the Federal Columbia River Power Sys- TSONGAS, the Southern Resident killer on removing the four dams in the tem. whales are critically endangered. In Lower Snake under the false assump- The recovery plan in question has fact, there are only 76 of them that are tion that it will improve endangered clearly been found by the courts to vio- left. These whales depend upon healthy species. In reality, however, these dams late the law and the Endangered Spe- and abundant salmon populations for already have survival rates for salmon cies Act. It is illegal, and Congress, survival. More than 50 percent of their in the upper 90th percentile. through this bill, would be saying: Do diet comes from Chinook salmon in the Most recently, a Federal court or- it anyway. Columbia River basin. Without access dered round-the-clock spillover of the I should note that this bill also un- to these wild salmon populations, Columbia and Snake River dams that dermines one of our Nation’s other bed- Southern Resident killer whales are went into effect last week. These addi- rock environmental laws, the National literally starving to death. tional spills will do little to help the Environmental Policy Act, or NEPA, In order to save both of these iconic fish species, and in reality, do nothing by barring a host of actions that could species, we cannot undermine impor- more than leave the region’s rate- potentially recover this region’s salm- tant habitat restoration efforts or im- payers to foot a spill surcharge esti- on runs, which are currently, again, on provements in dam operations, both of mated to cost up to $40 million per the brink of extinction. which are essential to promoting sur- year. The sponsor of this bill and I do agree vival in the river systems where these This bill ensures that the power sys- on one thing, however. When talking salmon spawn. Unfortunately, H.R. 3144 tem is operated in accordance with the about this bill, Representative MCMOR- would do just the opposite. current operations plans until certain RIS RODGERS recently said that dams In addition, the Southern Resident reasonable targets are met. It was and fish can coexist, and I too think killer whales provide immense eco- found to be legally and scientifically that is possible.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.031 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3553 The debate here is not about dams science-based policy crafting when As stated by the Public Power Coun- versus no dams. The debate is about changes to hydroelectric policy are in cil, H.R. 3144 allows a court-ordered striking the appropriate balance be- question if we are to guarantee a reli- NEPA process to continue without tween responsible hydropower develop- able energy future for our country. avoiding a costly and potentially ment and sound fisheries protection. But if overzealous special interest harmful spill experiment. The fear is For too long, there has been an im- groups have their way, we would imme- that without this legislation, a spill re- balance when we consider these issues. diately begin deconstructing and de- gime will be put in place that increases Our country built thousands of dams in stroying all our dams across the coun- regional power costs while providing no the 20th century before we even real- try. To their mindset, dams are not apparent benefit to the fish it purports ized the harm that can be caused to our natural parts of the landscape and, to help. Nation’s fisheries. therefore, represent a most serious What is perhaps most crucial to keep So today, we are left with many leg- threat to the planet. To them, changes in mind during this whole debate is the acy, low-value dams that don’t justify to the natural landscape are anathema, broader significance of this bill to any their cost and their impacts to our Na- despite the fact that the only real con- Member who has a major public works tion’s fishery and natural resources. stant on our planet and in the environ- infrastructure operating in their dis- So as we consider what to do about ment is change itself. trict. Without this bill, it is possible these older, low-value dams, our deci- The judges’s order in this case in that this judge’s terrible precedent sion making must be guided by the question is, unfortunately, in keeping could stand. At that point, nothing best available science and a consider- with this very same mindset. This is stands in the way of an activist judge ation of all available options, not what not a stretch to say because he, in fact, across the country waking up one day politicians in Congress want. fails to rely on the only available and Unfortunately, this bill takes us in and deciding to put a halt to a whole complete science that informed past the wrong direction by blocking re- slew of public works infrastructures decisions concerning the Federal Co- sponsive science-based fisheries man- which makes this country tick. lumbia River Power System. agement. It would actually lock in a H.R. 3144 is absolutely necessary to These past decisions, keep in mind, disastrous status quo until at least the establish congressional intent. Sound included the Obama administration’s year 2022; a status quo that is expen- process must win the day over the ca- green-lighting of the current operation sive, illegal, and inadequate; an ap- priciousness of any given activist judge plan in 2014 that the judge seeks to proach that causes great harm to wild or his political leanings. overturn with his spill order. salmon, struggling fishing commu- Mr. Speaker, I include in the RECORD What the judge did in this case was nities, Tribes, and energy consumers. letters of support from the local public to take it upon himself to depart from The status quo is not working. utility districts on behalf of H.R. 3144. agency consensus based on sound This bill says: Keep doing it anyway. PEND OREILLE COUNTY It is time for Federal agencies to pur- science and ordered changes to the op- PUBLIC UTILITY DISTRICT, sue new, innovative solutions that are eration plan of the power system just Newport, WA, April 24, 2018. better for both fisheries and hydro- because he wanted to. Hon. CATHY MCMORRIS-RODGERS, He ordered this major policy change Hon. DAN NEWHOUSE, power generation. This bill pushes a House of Representatives, Washington, DC. one-sided divisive approach that will first, which will cost electricity customers in the region $40 million annu- DEAR REPRESENTATIVES MCMORRIS-ROD- only cause further harm. GERS AND NEWHOUSE: On behalf of the Public That is why it is opposed by the Gov- ally, by the way, and pegged future Utility District No. 1 of Pend Oreille County ernors of both Washington and Oregon, changes to the outcome of a NEPA re- we greatly appreciate the support you have by Tribal interests, by hundreds of view which is just getting underway. shown for hydropower and, more specifically, businesses that depend on healthy But the only grounds for so radical a the Federal Columbia River Power System salmon runs, and also by numerous policy change would be if the NEPA re- (FCRPS) with the recent introduction of conservation organizations. view in question called for those H.R. 3144. This bill supports the hydro sys- Mr. Speaker, I urge my colleagues to changes when it is finally finished. The tem and the many benefits it brings to the region through renewable, reliable and af- vote ‘‘no.’’ judge doesn’t know what the outcome of the NEPA review will be, obviously, fordable power. Mr. BISHOP of Utah. Mr. Speaker, I Despite the success of the current FCRPS yield 5 minutes to the gentleman from because it is still being conducted. Biological Opinion (BiOp), the plan has been Arizona (Mr. GOSAR). b 1545 rejected with a ruling that all options need Mr. GOSAR. Mr. Speaker, I rise in to be reviewed including breaching or remov- support of the bill offered by Congress- He made his decision without basis, ing one or more of the four Snake River woman MCMORRIS RODGERS. and now the country is supposed to pay dams. This is a great piece of legislation for it. Some of my colleagues on the Your bill provides relief to the endless liti- that supports smart hydroelectric op- other side of the aisle constantly rail gation of federal hydro system operations by eration, a stable and integrated energy about how they oppose bills and pro- directing the federal agencies to implement the current BiOp as adopted in 2014. The cur- grid, and above all, reinforces that the posals and prevent the National Envi- ronmental Policy Act review process rent BiOp is based on the best available United States Congress has a vested in- science, has been vetted by stakeholders and terest in ensuring it, Congress, rather from being carried out. was formally approved by the Obama admin- than the judiciary, promulgates Fed- H.R. 3144 also allows continuation of istration. Implementation of the BiOp has eral policy. a court-ordered national NEPA review successfully increased salmon runs due to H.R. 3144 keeps in place the oper- process. If my colleagues practice what operational requirements within, and the in- ational plan, developed by consensus they preach, then they would support stallation of new fish passage technologies. through multiple agency processes and this bill as it allows the NEPA review The Bonneville Power Administration has based in the best available science, for process to be carried out. Congress has spent over $15 billion on infrastructure and fish mitigation projects since 1978. These im- four dams in Washington State which an obligation to remind everyone involved that we are the constitutionally provements and mitigation measures are have wrongfully come under siege repaid for by our customers through their elec- cently due to an arbitrary court order authorized policymakers and that we tric bills. Their bills are already higher by at by a judge in Oregon. choose to make policy and require least 15 percent for fish mitigation programs. In general, continuing to lean on hy- agency decisionmaking on the basis of The ‘‘spill test’’ ordered by the judge will be dropower as a long-term component of sound science. an additional cost that will result in higher our Nation’s electrical grid is an abso- This bill will keep the current oper- electric bills for Northwest families and lute no-brainer. Hydropower is a clean ation plan in place until 2022, unless businesses and likely to be more detrimental source of energy, and its reliability and the NEPA process review finishes first, to the fish runs than helpful. Your legisla- at which point the NEPA-supported tion will bring an end to the wasteful activi- cost effectiveness are just a few of the ties. reasons it enjoys the stature it has plan would commence. This bill abides This is particularly important for Pend today. by the proper statutory NEPA process, Oreille PUD as our largest industrial cus- It needs to maintain that stature, in- even though the judge’s order fails to tomer Ponderay Newsprint is a large con- cluding the requirement of careful do that. sumer of BPA power for its operations. The

VerDate Sep 11 2014 05:27 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.048 H25APPT1 H3554 CONGRESSIONAL RECORD — HOUSE April 25, 2018 unnecessary spending and additional mitiga- rent BiOp is based on the best available Bureau of Reclamation are responsible for tion costs continue to put jobs at stake in science, has been vetted by stakeholders and the management of the Federal Columbia our rural communities. was formally approved by the Obama admin- River Power System (FCRPS) in compliance We appreciate your leadership on this issue istration. Implementation of the BiOp has with the Biological Opinion (BiOp) approved with the introduction of H.R. 3144 and urge successfully increased salmon runs due to by NOAA Fisheries in 2008/2010 and supple- other legislators to follow your lead. operational requirements within, and the in- mented in 2014; Sincerely, stallation of new fish passage technologies. 4. The FCRPS BiOp has helped to improve F. COLIN WILLENBROCK, The Bonneville Power Administration has fish runs, including 97% of young salmon General Manager. spent over $15 billion on infrastructure and successfully making it past the federal dams, fish mitigation projects since 1978. These im- demonstrating that both renewable hydro- WAHKIAKUM PUD, provements and mitigation measures are power and fish can coexist; Cathlamet, WA, April 23, 2018. paid for by our customers through their elec- 5. Despite the success of the current Hon. DAN NEWHOUSE, tric bills. Their bills are already higher by at FCRPS BiOp, in March 2017, the United House of Representatives, least 15 percent for fish mitigation programs. States Court for the District of Oregon di- Washington, DC. The ‘‘spill test’’ ordered by the judge will be rected the federal agencies to undertake a DEAR REPRESENTATIVE NEWHOUSE: On be- an additional cost that will result in higher comprehensive review of hydro operations half of the Public Utility District No. 1 of electric bills for Northwest families and under the National Environmental Policy Wahkiakum County we greatly appreciate businesses and likely to be more detrimental Act (NEPA) and strongly urged the federal the support you have shown for hydropower to the fish runs than helpful. Your legisla- agencies to include analysis of the removal, and, more specifically, the Federal Columbia tion will bring an end to the wasteful activi- bypass or breaching one of more of the four lower Snake River hydropower dams; River Power System (FCRPS) with the re- ties. 6. Bipartisan legislation, H.R. 3144, pro- cent introduction of H.R. 3144. This bill sup- We appreciate your leadership on this issue with the introduction of H.R. 3144 and urge vides a creative solution to the endless liti- ports the hydro system and the many bene- gation over federal hydro system operations fits it brings to the region through renew- other legislators to follow your lead. Sincerely, by directing the federal agencies to imple- able, reliable and affordable power. ment the current federal salmon plan, known GARY R. IVORY, Despite the success of the current FCRPS as the 2014 Supplemental BiOp. That plan: Biological Opinion (BiOp), Judge Simon, U.S. General Manager. a. Was vetted and supported by the Obama Western District, Court of Oregon, rejected Administration’s top scientists; REPRESENTATIVE NEWHOUSE: I wanted to the plan and ruled all options need to be re- b. Has resulted in improved young salmon viewed including breaching or removing one reiterate to you one more time how impor- survival at the federal dams due to changes or more of the four Snake River dams. tant the bill you co-sponsored, H.R. 3144, is in operations and the installation of new fish Your bill provides relief to the endless liti- to Franklin PUD and our customers. We passage technologies; gation of federal hydro system operations by hope the bill gains positive traction this c. Restored thousands of acres of habitat in directing the federal agencies to implement week and advances to the House Floor. rivers, the estuary and floodplains for salm- the current BiOp as adopted in 2014. The cur- Your bill provides relief to the endless liti- on spawning and rearing; and rent BiOp is based on the best available gation of federal hydro system operations by d. Would allow federal hydropower oper- science, has been vetted by stakeholders and directing the federal agencies to implement ations to continue through September 30, was formally approved by the Obama admin- the current BiOp as adopted in 2014. The cur- 2022 or until the court-ordered, comprehen- istration. Implementation of the BiOp has rent BiOp is based on the best available sive environmental NEPA process concludes, successfully increased salmon runs due to science, has been vetted by stakeholders and a new BiOp is in place and judicial review is operational requirements within, and the in- was formally approved by the Obama admin- complete. stallation of new fish passage technologies. istration. Implementation of the BiOp has 7. Without the legislation, the federal The Bonneville Power Administration has successfully increased salmon runs due to agencies would be compelled to author a new spent over $15 billion on infrastructure and operational requirements within, and the in- 2018 BiOp without the benefit of the new fish mitigation projects since 1978. These im- stallation of new fish passage technologies. science and public input provided by the provements and mitigation measures are The Bonneville Power Administration has comprehensive NEPA review; and paid for by our customers through their elec- spent over $15 billion on infrastructure and 8. H.R. 3144 was introduced by Rep. Cathy tric bills. Their bills are already higher by at fish mitigation projects since 1978. These im- McMorris Rodgers (R–WA) and co-sponsored by Rep. Dan Newhouse (R–WA), Rep. Jaime least 15 percent for fish mitigation programs. provements and mitigation measures are Herrera Beutler (R–WA), Rep. Kurt Schrader The ‘‘spill test’’ ordered by the judge will be paid for by our customers through their electric bills. For Franklin PUD customers, (D–OR) and Rep. Greg Walden (R–OR). an additional cost that will result in higher Now therefore, be it resolved by the Com- electric bills for Northwest families and their bills are already higher by at least 15– 18 percent for fish mitigation programs. The mission of Public Utility District No. 2 of businesses and likely to be more detrimental Grant County, Washington, that Grant PUP to the fish runs than helpful. Your legisla- ‘‘spill test’’ ordered by the judge will be an additional cost that will result in higher supports H.R. 3144, and applauds the co-spon- tion will bring an end to the wasteful activi- sors of this bipartisan legislation as it: ties. electric bills for Northwest families, businesses, and Franklin PUD customers, and is Offers a creative solution that is good for We appreciate your leadership on this issue both salmon, renewable hydropower and the with the introduction of H.R. 3144 and urge likely to be more detrimental to the fish runs than helpful. Your legislation will bring economy of the Northwest. other legislators to follow your lead. Provides relief in the endless litigation of Sincerely, an end to the wasteful activities. We appreciate your leadership on this issue the federal hydro system. DAVID R. TRAMBLIE, Provides time for the federal agencies to with the introduction of H.R. 3144 and urge General Manager. complete the court-ordered NEPA environ- other legislators to follow your lead. Thanks mental review process. DOUGLAS COUNTY PUBLIC again for coming to the Tri-Cities this Avoids experiments, modifications or spill UTILITY DISTRICT, month to hear our customers issues regard- tests at the eight federal Columbia and East Wenatchee, WA, April 24, 2018. ing ag, irrigation and fish, that are all im- Snake River dams, which could have the po- Hon. DAN NEWHOUSE, pacted by the continuance of this spill that tential to unnecessarily restrict renewable House of Representatives, is not required. electric generation, create uncertainties in Washington, DC. DEBBIE BONE-HARRIS, BPAss power costs and supply, and raise DEAR REPRESENTATIVE NEWHOUSE: On be- Sr. Manager, Public Affairs, Northwest customers’ electric rates. half of Douglas County PUD we greatly ap- Franklin PUD. Passed and approved by the Commission of preciate the support you have shown for hy- Public Utility District No. 2 of Grant Coun- dropower and, more specifically, the Federal RESOLUTION NO. 8860 ty, Washington this 24 day of October 2017. Columbia River Power System (FCRPS) with A RESOLUTION SUPPORTING H.R. 3144 FEDERAL the recent introduction of H.R. 3144. This bill LEGISLATION ADDRESSING COLUMBIA RIVER RESOLUTION OF THE BENTON REA BOARD OF supports the hydro system and the many POWER SYSTEM BIOLOGICAL OPINION TRUSTEES benefits it brings to the region through re- Recitals SUPPORTING H.R. 3144 FEDERAL LEGISLATION AD- newable, reliable and affordable power. 1. The state of Washington is the leading DRESSING THE FEDERAL COLUMBIA RIVER Despite the success of the current FCRPS U.S. producer of hydropower, routinely con- POWER SYSTEM BIOLOGICAL OPINION Biological Opinion (BiOp), Judge Simon, U.S. tributing more than one-fourth of the na- Whereas, Members of Benton Rural Elec- Western District, Court of Oregon, rejected tion’s total net hydroelectric generation; tric Association receive 86 percent of their the plan and ruled all options need to be re- 2. Hydropower accounts for between two- electricity from the Federal Columbia River viewed including breaching or removing one thirds and four-fifths of Washington’s elec- Power System (FCRPS); and or more of the four Snake River dams. tricity generation, providing renewable and Whereas, Hydropower provides 70 percent Your bill provides relief to the endless liti- inexpensive electricity to the region’s farms, of Washington state’s clean affordable and gation of federal hydro system operations by homes, businesses, schools and industries; reliable electricity and 60 percent of the Pa- directing the federal agencies to implement 3. The Bonneville Power Administration cific Northwest’s electricity with the major- the current BiOp as adopted in 2014. The cur- (BPA), U.S. Army Corps of Engineers and the ity of the power produced by the FCRPS; and

VerDate Sep 11 2014 05:27 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.038 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3555 Whereas, Hydroelectric dams also provide WASHINGTON PUBLIC UTILITY tion. It harms businesses. It hurts the many benefits to the region, including flood DISTRICTS ASSOCIATION, Tribes in the Northwest. It is an attack control, navigation, irrigation, and recre- Olympia, WA. on the legal process, and, in the long ation: and Hon. DAN NEWHOUSE, term, it will hurt ratepayers. Whereas, Federal legislation requires the House of Representatives, Washington, DC. Mr. Speaker, I urge a ‘‘no’’ vote on federal agencies responsible for the manage- H.R. 3144, and I yield back the balance ment of the FCRPS to operate the hydro sys- DEAR REPRESENTATIVE NEWHOUSE: On be- tem in compliance with the Biological Opin- half of the Washington PUD Association we of my time. ion (BiOp) approved by National Oceanic and greatly appreciate the support you have Mr. BISHOP of Utah. Mr. Speaker, I Atmospheric Administration (NOAA) Fish- shown for hydropower and, more specifically, yield myself such time as I may con- eries in 2008/2010 and supplemented in 2014, the Federal Columbia River Power System sume. and (FCRPS) with the recent introduction of— Mr. Speaker, I am very happy to be H.R. 3144. This bill supports the hydro sys- here to present this particular bill, or Whereas, This BiOp was vetted and sup- tem and the many benefits it brings to the ported by the previous presidential adminis- region through renewable, reliable and af- at least sum up on this, especially as trations’ top scientists and has resulted in fordable power. our good friend Mr. Todd Ungerecht wild salmon numbers trending significantly Despite the success of the current FCRPS has done so much for this particular upward due to changes in operations and the Biological Opinion (BiOp), Judge Simon, U.S. bill and it is going to be his last time installation of new passage technologies, and Western District, Court of Oregon, rejected on the floor with us. So I appreciate all Whereas, The FCRPS BiOp has successfully the plan and ruled all options need to be re- of his help on this. He is returning improved fish runs including 97% of young viewed including breaching or removing one back to his native State of Washington salmon successfully making it past the dams or more of the four Snake River dams. proving that both dams and fish can coexist; Your bill provides relief to the endless liti- where he clearly realizes how impor- and gation of federal hydro system operations by tant this bill is. Whereas, Bonneville Power Administration directing the federal agencies to implement Mr. Speaker, this bill has support via (BPA) has spent $15.28 billion in total spend- the current BiOp as adopted in 2014. The cur- policy from Washington, total support ing on infrastructure and fish mitigation rent BiOp is based on the best available for the bill from Idaho and Montana, as projects since 1978; and science, has been vetted by stakeholders and well as eight other Tribes that live in was formally approved by the Obama admin- this area, as well as the National Asso- Whereas, Despite the success of the current istration. Implementation of the BiOp has FCRPS BiOp, in March 2017, the United successfully increased salmon runs due to ciation of Counties, the American States District Court for the District of Or- operational requirements within, and the in- Farm Bureau Federation, United egon directed the federal agencies to under- stallation of new fish passage technologies. Power Trades Organization, National take a comprehensive review of hydro oper- The Bonneville Power Administration has Rural Electric Cooperative Associa- ations under the National Environmental spent over $15 billion on infrastructure and tion, National Electrical Contractors Policy Act (NEPA) and strongly urged the fish mitigation projects since 1978. These im- Association, Public Power Council, federal agencies to include analysis of the re- provements and mitigation measures are moval, bypass or breaching one or more of Washington Association of Wheat paid for by our customers through their elec- Growers, and scores of other individ- the four lower Snake River dams; and tric bills. Their bills are already higher by at Whereas, H.R. 3144, ‘‘To provide for oper- least 15 percent for fish mitigation programs. uals. ations of the Federal Columbia River Power The ‘‘spill test’’ ordered by the judge will be I include in the RECORD a complete System pursuant to a certain operation plan an additional cost that will result in higher list of organizations that support this for a specified period of time’’, was intro- electric bills for Northwest families and bill as well as letters that support this duced in the United States House of Rep- businesses and likely to be more detrimental legislation. resentatives, and to the fish runs than helpful. Your legisla- SUPPORT FOR H.R. 3144 tion will bring an end to the wasteful activi- Whereas, The federal legislation would National Water Resources Association, Na- continue federal hydro operations through ties. We appreciate your leadership on this issue tional Associations of Counties, United September 30, 2022 or until the court-ordered, Power Trades Organization, National Asso- comprehensive environmental NEPA process with the introduction of H.R. 3144 and urge other legislators to follow your lead. ciation of Wheat Growers, American Farm concludes, a new BiOp is in place, and judi- Bureau Federation, American Public Power cial review is complete, and Sincerely, GEORGE CAAN, Association, National Electrical Contractors Whereas, The federal legislation would pro- Executive Director. Association, National Rural Electric Cooper- hibit studies, plans or structural modifica- ative Association, Grand Canyon State Elec- tions at the dams which would impair hydro- Mr. GRIJALVA. Mr. Speaker, I yield tric Cooperative Association, Americans for electric power generation or navigation on myself the balance of my time. Limited Government, Arizona Farm Bureau, the Columbia River; and Mr. Speaker, I want to speak to an- Arizona Liberty, Arizona Pork Council, Whereas, The federal legislation offers a other problem and issue with this bill Asotin County Public Utility District, Asso- creative solution that is good for both listed that one of my colleagues brought up ciation of Washington Business, Benton Pub- salmon and the economy of the communities in his statement, and that is the great lic Utility District, Blachly-Lane Electric served by Benton Rural Electric Association, harm it will cause to the Tribal inter- Co-op, Clatskanie People’s Utility District. and provides relief in the endless litigation ests in the Pacific Northwest. Clearwater Power, Concerned Citizens for of federal hydro system operations by direct- Native people of the Pacific North- America (Sedona), Cowlitz Public Utility ing the federal agencies to implement the west ceded most of their ancestral District, Douglas County Public Utility Dis- trict, Franklin Public Utility District, Grant current federal salmon plan, known as the homeland to the United States in ex- 2014 Supplemental BiOp; and County Public Utility District, Idaho Water change for the right to catch salmon Users Association, Inland Ports and Naviga- Whereas, The federal legislation provides and steelhead at accustomed places. tion Group, Kittitas County Public Utility time for the federal agencies to complete the The Federal Government has a long District, Lewis County Public Utility Dis- court-ordered NEPA environmental review trict, Mason County Public Utility District, process analyzing federal hydro system oper- history of failing to protect these fish- New Mexico Cattle Growers’ Association, ations and focuses the general agencies lim- ing rights. If enacted, H.R. 3144 would New Mexico Wool Growers Inc., Northern ited resources on getting that process right. further harm Tribal fisheries which are a critically important source of food. Lights, Northwest River Partners, Pend Whereas, without the legislation, the agen- Oreille Public Utility District, Port cies would be compelled to author a new 2018 They are of great cultural and religious Clarkston, Port of Morrow. BiOp without the benefit of the new science significance to the Tribes. Just this Port of Pasco, Port of Whitman County, and public input provided by the comprehen- week, the Nez Perce Tribe contacted Public Power Council, Salmon River Electric sive NEPA review, and avoids experiments or our committee to urge us to reject H.R. CoOp, Stevens County Commissioners, Sul- spill tests at the eight Columbia and Snake 3144. I think Congress should heed this phur Springs Valley Electric Cooperative, dams, and studies and modifications at the call and reject this piece of legislation. Tidewater Transportation & Terminals, Tri- dams which would restrict electrical genera- Mr. Speaker, the concerns have been City Development Council, United Electric, tion, which would create uncertainties in Wahkiakum County Public Utility District, BPA’s power costs and supply and raise laid out by the people who have spoken against this legislation. Essentially, Washington Association of Wheat Growers, Northwest electric customers’ rates. Washington Farm Bureau, Washington Pub- Now, therefore be it resolved that the this legislation, H.R. 3144, violates bed- lic Utility Districts Association, Washington Board of Trustees of Benton Rural Electric rock environmental laws. Those con- State Potato Commission, Yuvapai County Association supports the passage of H.R. 3144 cerns have been stated by Members Supervisor Thomas Thurman, Your Touch- this July 26, 2017. who have spoken against the legisla- stone Energy Cooperative.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.041 H25APPT1 H3556 CONGRESSIONAL RECORD — HOUSE April 25, 2018

PUBLIC POWER COUNCIL MASON COUNTY the current BiOp as adopted in 2014. The cur- March 16, 2018 PUBLIC UTILITY DISTRICT 3, rent BiOp is based on the best available Re Support for H.R. 3144—To provide for op- Shelton, WA, April 23, 2018. science and has been vetted by stakeholders. erations of the Federal Columbia River Hon. DAN NEWHOUSE, Implementation of the BiOp has successfully Power System pursuant to a certain op- House of Representatives, increased salmon runs due to operational re- eration plan for a specified time. Washington, DC. quirements within, and the installation of DEAR CONGRESSMAN NEWHOUSE: Thank you new fish passage technologies. DEAR MEMBERS OF THE NORTHWEST CON- for your support of federal, state and local GRESSIONAL DELEGATION: The Public Power agencies that provide cost-based, carbon free Despite the success of the current FCRPS Council (PPC) is a not for profit association energy to customers throughout the Pacific BiOp, the judge’s ruling rejecting the plan that represents about 100 consumer-owned Northwest. Specifically, we thank you for will add costs to the over $15 billion the Bon- electric utilities in the Pacific Northwest on your strong defense of the Bonneville Power neville Power Administration has spent on issues regarding the Federal Columbia River Administration and its partners in the Fed- infrastructure and fish mitigation projects Power System (FCRPS). As purchasers of eral Base System. since 1978. These improvements and mitiga- power from the Bonneville Power Adminis- We at Mason PUD 3 applaud your efforts, tion measures are paid for by our customers tration (BPA), PPC members and their cus- and those of others, who introduced HR 3144 through their electric bills and the ‘‘spill tomers pay for a large share of the region’s to protect the viability and value of the Co- test’’ ordered by the judge will be an addi- fish and wildlife mitigation costs. I write lumbia River hydropower system. tional cost that will result in higher electric today in support of H.R. 3144, a bill that We’re pleased that HR 3144 affirms the ju- bills for everyone. would stabilize a portion of these costs while risdiction of the 2014 Federal Biological the administrative process proceeds in the Opinion for a balanced approach to managing Your legislation will bring an end to the region. the Columbia for fish and hydropower. We wasteful activities and we appreciate your leadership on this issue with the introduc- BPA is on the precipice of a serious finan- are concerned, as are others who depend on tion of H.R. 3144. cial struggle created by consistent increases the river for their livelihoods, about the in- in its power rates over the past decade com- creased role of the courts in controlling this Sincerely, Asotin County PUD Board of bined with a simultaneous drop in the mar- mighty resource. Management of the river Commissioners: ket price of other power options in the West. by appointed judges is precedent-setting. It DON NUXOLL, As utilities begin to choose lesser-cost op- bypasses science, the experts who collabo- President. tions elsewhere, BPA will not have the req- ratively wrote the Biological Opinion, and is JUDY RIDGE, uisite customer base to fund all its statutory not in the best interests of our customers. Vice-President. obligations, including regional fish and wild- PUD 3 is disappointed in a federal court GREG MCCALL, life efforts. Without serious action to sta- ruling earlier this month that will result in Secretary. bilize rates, BPA will struggle in the near fu- an experimental water spill program at Co- ture to recover its costs, putting all of its lumbia and Snake River dams. This costly COWLITZ PUD, programs at risk. experiment is aimed at determining if sending more water through dam spillways, in- Longview, WA, April 23, 2018. An important part of the challenge facing stead of using it for power generation, will Re: H.R. 3144. BPA is the volatility of the costs of meeting help the passage of salmon in the Columbia Hon. DAN NEWHOUSE, its fish and wildlife-related obligations. H.R. River Basin. House of Representatives, 3144 would offer important assistance in this The Northwest Power & Conservation Washington, DC. respect by temporarily keeping in place a Council notes in its ‘‘2016 Columbia River DEAR REPRESENTATIVE NEWHOUSE: This let- federal hydro operations plan (approved by Basin Fish and Wildlife Program Costs Re- multiple Administrations) through the 2021 ter is submitted by Cowlitz PUD, serving port’’ that public power customers in the Pa- roughly 50,000 electric customers located on completion of an ongoing review under the cific Northwest paid $621.5 million for recov- National Environmental Policy Act (NEPA). or near the mighty Columbia River. The Dis- ery and restoration efforts. Just over $7 mil- trict purchases approximately 90% of its Upon completion of the NEPA process, it is lion of that came from customers of Mason power supply from BPA, which is sourced expected that the legislation would effec- PUD 3 (based on our proportionate share of primarily from the Federal Columbia River tively expire and the NEPA-supported plan the Federal Base System). for the federal hydro system would com- To further burden our customers, and Power System (FCRPS). mence. other public power customers in the region, We believe the 2014 BiOp is the best solu- H.R. 3144 allows the court-ordered NEPA with the cost of an experimental spill which tion and we believe H.R. 3144 puts that solu- process to continue while avoiding a costly has uncertain results, is an unjust judicial tion in place. and potentially harmful spill experiment. In abuse of those who we strive to protect. We appreciate your leadership on H.R. 3144 Your bill, HR 3144, will give much needed addition to its estimated $40 million annual and urge other legislators to follow your relief to public power customers in a region cost to regional electricity customers, NOAA lead. that, through its wholesale power rates, Fisheries’ Science Center modeling does not Sincerely, show appreciable benefits to salmon and fully pays its way for the operation of the STEVEN D. KERN, Federal Base System. Further, through the steelhead from this operation. Higher levels General Manager, directed use of the 2014 Federal Biological of spill can harm fish from increased gas Cowlitz PUD. saturation in the water. The fear is that, Opinion, it places management of the river without this legislation, a spill regime will in the realm of science, not speculation. be put in place that increases regional power We thank you for your support and protec- COWLITZ PUD, costs while providing no apparent benefit to tion of the natural resources of the Pacific Longview, WA, April 23, 2018. the fish it purports to help. Northwest. If you wish to communicate with Re: H.R. 3144. us on this matter, please contact us at any Another threatening aspect to the pro- Hon. DAN NEWHOUSE, time. posed spill experiment is that it would fur- House of Representatives, Sincerely, ther limit the operational flexibility of the Washington, DC. ANNETTE CREEKPAUM, hydropower system that is essential to reli- Manager, Mason PUD 3. DEAR REPRESENTATIVE NEWHOUSE: I write ably meet electricity demand in the region you this letter individually supporting H.R. and integrate other renewable power re- ASOTIN COUNTY 3144. sources. Further, it is expected that much of PUBLIC UTILITY DISTRICT, the carbon-free generation eliminated by The 50,000 customers I represent continue Clarkston, WA. this experiment will be replaced by fossil to be impacted by interests other than their Hon. DAN NEWHOUSE, fuels, greatly increasing regional carbon own. The Federal Columbia River Power Sys- House of Representatives, emissions, running counter to carbon-reduc- tem (FCRPS) has been bought and paid for Washington, DC. tion goals. by electric customers but is now being run DEAR REPRESENTATIVE NEWHOUSE: We are from the bench of our 9th District court Your support for this bill can help keep the writing to thank you for your support of hy- rather than the labs and control rooms of region’s hydropower affordable and can as- dropower and the Federal Columbia River scientists and system operators. Experi- sist in stabilizing BPA during precarious Power System (FCRPS) with the recent in- mental spill operations and targeted polit- times. Urgent action on H.R. 3144 will reso- troduction of—H.R. 3144. As an electric util- ical outcomes have no place in the river sys- nate for years in maintaining a renewable, ity whose customers are dependent upon reli- tem that powers our homes, underpins our flexible, and carbon-free energy resource able and affordable power, this bill supports economy, and funds our fish recovery. that serves as the region’s economic back- the hydro system and the many benefits it bone. Thank you for your consideration. brings to the region as a renewable resource. I appreciate your leadership. Sincerely, Your bill provides relief to the endless liti- Sincerely, SCOTT CORWIN, gation of federal hydro system operations by DENA DIAMOND-OTT, Executive Director. directing the federal agencies to implement Cowlitz PUD Commissioner—District #1.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.039 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3557 KITTITAS COUNTY, higher by at least 15 percent for fish mitiga- make up the difference—see which one PUBLIC UTILITY DISTRICT NO. 1, tion programs. The ‘‘spill test’’ ordered by actually is healthier for the environ- Ellensburg, WA, April 23, 2018. the judge will be an additional cost that will ment. Hon. DAN NEWHOUSE, result in higher electric bills for Northwest Mr. Speaker, I commend my col- House of Representatives, families and businesses and likely to be more leagues for doing this, and I urge all in Washington, DC. detrimental to the fish runs than helpful. DEAR REPRESENTATIVE NEWHOUSE: On be- Your bill provides relief to the endless liti- the House to support this legislation half of Kittitas PUD No. 1 we greatly appre- gation of federal hydro system operations by which is a bipartisan bill that has bi- ciate the support you have shown for hydro- directing the federal agencies to implement partisan support. power and, more specifically, the Federal Co- the current BiOp as adopted in 2014 and your Mr. Speaker, I thank Chairman SHU- lumbia River Power System (FCRPS) with legislation will bring an end to wasteful ac- STER for agreeing to help expedite con- the recent introduction of H.R. 3144. This bill tivities. sideration of this bill today. supports the hydro system and the many We appreciate your leadership on this issue HOUSE OF REPRESENTATIVES, benefits it brings to the region through re- with the introduction of H.R. 3144 and urge COMMITTEE ON NATURAL RESOURCES, newable, reliable and affordable power. other legislators to follow your lead. Washington, DC, April 12, 2018. Despite the success of the current FCRPS Sincerely, Hon. BILL SHUSTER, Biological Opinion (BiOp), Judge Simon, U.S. COMMISSIONER DEAN Chairman, Committee on Transportation and Western District, Court of Oregon, rejected DAHLIN. Infrastructure, Washington, DC the plan and ruled all options need to be re- COMMISSIONER BEN DEAR MR. CHAIRMAN: I write regarding H.R. viewed including breaching or removing one KOSTICK. 3144, to provide for operations of the Federal or more of the four Snake River dams. COMMISSIONER TIM Columbia River Power System pursuant to a Your bill provides relief to the endless liti- COURNYER. certain operation plan for a specified period gation of federal hydro system operations by of time, and for other purposes. The bill was directing the federal agencies to implement Mr. BISHOP of Utah. Mr. Speaker, here is the bottom line for this par- referred primarily to the Committee on Nat- the current BiOp as adopted in 2014. The cur- ural Resources, with an additional referral rent BiOp is based on the best available ticular piece of legislation: to the Committee on Transportation and In- science, has been vetted by stakeholders and States agree to it. There are nine frastructure. was formally approved by the Obama admin- Tribes in this area. Eight of them to- I ask that you allow the Committee on istration. Implementation of the BiOp has tally support this particular bill. The Transportation and Infrastructure to be dis- successfully increased salmon runs due to Obama administration created a bio- charged from further consideration of the operational requirements within, and the in- logical opinion which endorsed the bill so that it may be scheduled by the Ma- stallation of new fish passage technologies. ESA and was legal with the ESA. A jority Leader. This discharge in no way af- The Bonneville Power Administration has fects your jurisdiction over the subject mat- spent over $15 billion on infrastructure and judge decided to change all of that and ter of the bill, and it will not serve as prece- fish mitigation projects since 1978. These im- ordered a spill with no apparent ration- dent for future referrals. In addition, should provements and mitigation measures are ale to it. a conference on the bill be necessary, I would paid for by our customers through their elec- Mr. Speaker, there is no one over support your request to have the Committee tric bills. Their bills are already higher by at here who hates salmon. We are not try- on Transportation and Infrastructure rep- least 15 percent for fish mitigation programs. ing to kill them all. Heaven knows, the resented on the conference committee. Fi- The ‘‘spill test’’ ordered by the judge will be only way I would like to kill salmon is nally, I would be pleased to include this let- an additional cost that will result in higher ter and any response in the bill report filed electric bills for Northwest families and if I am consuming them myself. How- by the Committee on Natural Resources to businesses and likely to be more detrimental ever, in 2011, another spill took place memorialize our understanding. to the fish runs than helpful. Your legisla- on this particular river which had the Thank you for your consideration of my tion will bring an end to the wasteful activi- process of actually killing this endan- request and for the extraordinary coopera- ties. gered species that was there. tion shown by you and your staff over mat- We appreciate your leadership on this issue This judge’s order, without any kind ters of shared jurisdiction. I look forward to with the introduction of H.R. 3144 and urge of rationale to it, could indeed be one further opportunities to work with you this Congress. other legislators to follow your lead. of the situations that actually steri- Sincerely, Sincerely, MATTHEW BOAST, lizes this river and the species rather ROB BISHOP, General Manager. than protecting the river and the spe- Chairman. cies. LEWIS COUNTY, Let’s allow river operators to operate COMMITTEE ON TRANSPORTATION AND PUBLIC UTILITY DISTRICT, the river. Let’s allow scientists to con- INFRASTRUCTURE, HOUSE OF REP- Chehalis, WA, April 24, 2018. duct the science and let judges go back RESENTATIVES, Hon. DAN NEWHOUSE, to granting divorces. Allowing a judge Washington, DC, April 16, 2018. Hon. ROB BISHOP, House of Representatives, with no background in these issues to Washington, DC. Chairman, Committee on Natural Resources, DEAR REPRESENTATIVE NEWHOUSE: On be- dictate river operations and subvert Washington, DC. half of Public Utility District No. 1 of Lewis the science is totally irresponsible on DEAR CHAIRMAN BISHOP: Thank you for County, we appreciate your support for hy- our part. your letter concerning H.R. 3144, to provide dropower and the Federal Columbia River This is a piece of legislation that for operations of the Federal Columbia River Power System (FCRPS). The recent intro- clearly is a win for the ratepayers to a Power System pursuant to a certain oper- duction of H.R. 3144 supports the hydro sys- tune of $40 million that they would ation plan for a specified period of time, and for other purposes. As noted, the Committee tems many benefits to the region by pro- have to do if this decision by the judge viding renewable, reliable and affordable on Transportation and Infrastructure re- power. stands. It is also a win for taxpayers to ceived an additional referral on this legisla- The current FCRPS Biological Opinion the tune of about $16 million. It is a tion. (BiOp) is based on the best available science win for the fish by preventing a poten- In order to expedite floor consideration of and has been vetted by stakeholders and was tially deadly environmental decision H.R. 3144, the Committee on Transportation formally approved by the Obama administra- that has no basis in actual science. and Infrastructure agrees to forgo action on tion. Implementation of the BiOp has suc- And, once again, it was the last admin- this bill. However, as you noted, this is con- cessfully increased salmon runs due to oper- istration that created the pattern in ditional on our mutual understanding that ational requirements within, and the instal- forgoing consideration of the bill would not lation of new fish passage technologies. De- which we are going. prejudice the Committee with respect to the spite the success of the current BiOp, Judge Let’s go back to that and do it. Now, appointment of conferees or to any future ju- Simon, U.S. Western District, Court of Or- if another science or biological opinion risdictional claim over the subject matters egon, rejected the plan and ruled all options needs to be done, let it happen, but contained in the bill or similar legislation need to be reviewed including breaching or don’t allow the judge to change what that fall within the Committee’s Rule X ju- removing one or more of the four Snake the river operators are saying is the risdiction. Further, it is our understanding River dams. wisest policy until you do that. That is that mutually agreed upon changes to the The Bonneville Power Administration has the basis of this particular bill. It helps legislation will be incorporated into the bill already spent over $15 billion on infrastruc- via an amendment. Should a conference on ture and fish mitigation projects since 1978. the power. It helps the fish. It helps all the bill be necessary, I appreciate your These improvements and mitigation meas- of us. And let’s face it, if you are not agreement to support my request to have the ures are paid for by our customers through using that hydropower, you are going Committee represented on the conference their electric bills. Their bills are already to have to pick up fossil fuel power to committee.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.043 H25APPT1 H3558 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Thank you for your cooperation on this policies that will harm our ecosystem. I urge premise that rates can be lowered by matter and for agreeing to place a copy of my colleagues to work together to develop a shirking our responsibilities to protect this letter and your response acknowledging more appropriate solution that will protect our environment, restore our salmon our jurisdictional interest into the bill report and the Congressional Record during salmon and steelhead and provide affordable populations, and follow the law. After consideration of the measure on the House and reliable electricity to consumers in the Pa- all, restoring our region’s salmon popu- floor. cific Northwest. lations will reduce our costs in the Sincerely, I note for the record that my husband, long run. BILL SHUSTER, Judge Michael H. Simon, wrote the judicial This underlying bill takes us in the Chairman. opinion that was discussed in the debate wrong direction, and it is important to Mr. BISHOP of Utah. Mr. Speaker, I about this bill. Before voting, I checked with include some context on this com- yield back the balance of my time. the House Ethics office and was assured that plicated issue. Ms. BONAMICI. Mr. Speaker, I rise today in there is no conflict of interest under the House Starting in the 1930s, the Federal opposition to H.R. 3144, a bill that would re- Rules because the bill does not benefit my Government began the construction of quire the implementation of a specific Federal spouse’s or my personal interest or finances. 31 hydroelectric dams on the Columbia Columbia River Power System operation plan. The SPEAKER pro tempore. All time River. These dams which make up the I am committed to increasing consumer ac- for debate has expired. Federal Columbia River Power System, cess to affordable and reliable electricity, but Pursuant to House Resolution 839, or the FCRPS, provide public power this must be done without jeopardizing our re- the previous question is ordered on the throughout the Pacific Northwest. gion’s ecosystem. I cannot support this bill be- bill, as amended. However, it has become clear that cause it would undermine longstanding envi- The question is on the engrossment they have operated in ways that pose ronmental protections, including the Endan- and third reading of the bill. serious threats to our region’s salmon gered Species Act, harm salmon and The bill was ordered to be engrossed runs and violate our environmental steelhead populations, and threaten the rec- and read a third time, and was read the laws. Several courts, including the reational and commercial fisheries, tribes, and third time. Ninth Circuit Court of Appeals and the species that benefit from healthy salmon runs. MOTION TO RECOMMIT Oregon U.S. District Court, have ruled The Endangered Species Act and National Ms. JAYAPAL. Mr. Speaker, I have a as such. The courts ordered a new bio- Environmental Policy Act require the federal motion to recommit at the desk. logical opinion, as well as a NEPA re- operators of the Federal Columbia River The SPEAKER pro tempore. Is the view, in order to bring the plans in Power System to consult with the National gentlewoman opposed to the bill? alignment with Federal law. Ms. JAYAPAL. Mr. Speaker, I am op- Marine Fisheries Service on how the System’s Rather than letting this critical posed. hydroelectric dams could affect several salm- process continue, H.R. 3144 aims to cir- The SPEAKER pro tempore. The on and steelhead stocks that are listed as cumvent our court system and the law Clerk will report the motion to recom- threatened or endangered. Unfortunately, in- by blocking legally ordered salmon stead of responding in a systematic manner mit. The Clerk read as follows: protection measures. Congress should using the best available science, this bill would not be in the business of closing the disrupt regional salmon and dam management Ms. Jayapal moves to recommit the bill H.R. 3144 to the Committee on Natural Re- door on legal and regulatory review efforts, jeopardize the existence of salmon and processes simply because some Mem- steelhead, and damage this vulnerable eco- sources with instructions to report the same back to the House forthwith with the fol- bers don’t like them. system. lowing amendment: Some claim that the court process In addition to the troubling effects on the re- At end of the bill, add the following: will make it more expensive for rate- gion’s ecosystem, implementation of this bill SEC. 5. LOWER COSTS FOR ELECTRICITY CON- payers due to decisions like the one to could also harm tribal fisheries. Native Ameri- SUMERS. increase spill over the dams, which this cans have lived and fished along the banks of Nothing in this Act shall prohibit the sale bill would illegally block. This process, the Columbia River for centuries. Despite sign- of electric power generated by the Federal which is meant to release additional ing treaties with the tribes to preserve their Columbia River Power System at the lowest water over the tops of the dams to en- rights to fish, hunt, and gather at their accus- possible rate consistent with sound business sure that juvenile salmon can migrate tomed places, the federal government has a practices and other factors as required by out, is a critical step in increasing long history of failing to protect these tribal current law. fishing rights. Tribes have a right and a deep The SPEAKER pro tempore. Pursu- salmon recovery rates. It is currently cultural and historical connection to the fish ant to the rule, the gentlewoman from up for debate whether or not rate- populations threatened by this bill. Washington is recognized for 5 minutes payers will see an increase of any sort Oregon’s economic vitality is dependent on in support of her motion. in the costs in the short term, but the the health of the Pacific Ocean and the Co- Ms. JAYAPAL. Mr. Speaker, this is long-term benefits of changes like this lumbia River. We rely on the natural resources the final amendment to the bill which one are indisputable. in our region to support a significant portion of will not kill the bill or send it back to The 13 species of steelhead and salm- our economy, and we are very vulnerable to committee. If adopted, the bill will im- on that are threatened by these dams changes to our ecosystem. This bill could mediately proceed to final passage, as are crucial to our region, and our fish- harm the businesses that are dependent on amended. ing industry relies on them for its sur- healthy salmon and steelhead runs, including Mr. Speaker, I make this motion vival. the commercial and recreational fishing indus- today in order to ensure that the mil- In 2011, Mr. Speaker, 34,500 jobs were try, guiding and outdoor retail businesses, res- lions of Americans who rely on public provided by a healthy sport fishing in- taurants, and coastal communities that benefit power can continue receiving afford- dustry which contributed more than from tourism. able power. President Trump, in his $3.8 billion to the economy in Wash- The Pacific Northwest’s social and environ- latest budget, has proposed charging ington, Oregon, and Idaho. And accord- mental landscape is changing. We need to millions of Americans more for their ing to a recent poll in Washington find a sustainable path forward that supports electricity. State, a strong majority of voters are renewable power, commerce, and habitat con- The President wants to charge Amer- actually willing to pay up to $7 a servation for salmon and steelhead popu- icans what he calls market-based rates, month in additional costs in order to lations. In addition to supporting the respon- which means that millions of Ameri- save our wild salmon and improve sible use of hydropower that does not put cans who rely on public power will pay water quality because they know how salmon populations at risk, I also support in- more than what they pay now. This incredibly important it is to all of our vestments in additional renewable energy proposal has rightly provoked bipar- economies and our communities. sources like solar, wind, and wave energy. tisan opposition, and I hope my Repub- Whether or not the increase spill will Through diversifying our investments in renew- lican colleagues will join me in reject- raise costs, that is not clear, but what able resources, we can protect our environ- ing this ill-advised proposal which will is clear is that conserving these crit- ment and support new industries, jobs, and in- result in higher bills for millions of our ical populations is a priority for the novative businesses. constituents. people in the Pacific Northwest. In short, we can—and should—address the Mr. Speaker, I should also add that The irony, Mr. Speaker, is that H.R. energy needs of our region without furthering the underlying bill is based on a false 3144 will ultimately cost our ratepayers

VerDate Sep 11 2014 04:58 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.052 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3559 even more money in the long term. realize and recognize something that Panetta Rush Thompson (CA) Protecting our salmon populations is happened 107 years ago this Friday, in Pascrell Ryan (OH) Thompson (MS) Payne Sa´ nchez Titus 100 percent necessary. It is our obliga- which the socialist Member from Mil- Pelosi Sarbanes Tonko tion under the Endangered Species Act. waukee, Wisconsin, 107 years ago, Fri- Perlmutter Schakowsky Torres So simply closing our eyes and hoping day, introduced a resolution to dissolve Peters Schiff Tsongas this all goes away is not an option. the Senate. Peterson Schneider Vargas Additionally, the Native peoples of Pingree Scott (VA) Veasey Now, if that were a motion to recom- Pocan Scott, David Vela the Pacific Northwest have the undeni- mit, that I would firmly endorse. That Polis Serrano Vela´ zquez able treaty rights to catch these salm- would actually help us move forward. Price (NC) Shea-Porter Visclosky on and steelhead at accustomed places, Unfortunately, that is not the motion Quigley Sherman Walz meaning that these populations have to recommit in front of us. The motion Raskin Sinema Wasserman Rice (NY) Smith (WA) Schultz to be maintained. We can’t continue to to recommit does not help us move for- Richmond Soto Waters, Maxine fail to uphold our end of this deal, and ward. Rosen Speier Watson Coleman this bill will move us further away Mr. Speaker, I ask for a ‘‘no’’ vote on Roybal-Allard Suozzi Welch from where we need to be. the motion to recommit, and I yield Ruiz Swalwell (CA) Wilson (FL) This issue has been addressed, and back the balance of my time. Ruppersberger Takano Yarmuth the review process mandated by the The SPEAKER pro tempore. Without NAYS—226 courts is doing just that. By denying objection, the previous question is or- Abraham Goodlatte Palmer the opportunity to implement the nec- dered on the motion to recommit. Aderholt Gosar Paulsen essary science-based changes required There was no objection. Allen Granger Pearce to bring the FCRPS in line with Fed- The SPEAKER pro tempore. The Amash Graves (GA) Perry eral law, H.R. 3144 will cost ratepayers Amodei Graves (LA) Pittenger question is on the motion to recommit. Arrington Graves (MO) Poe (TX) more down the line. Restoring the The question was taken; and the Babin Griffith Poliquin salmon population will be incredibly Speaker pro tempore announced that Bacon Guthrie Posey expensive, and gutting fisheries protec- the noes appeared to have it. Banks (IN) Handel Ratcliffe Barletta Harper Reed tions and kicking the can down the Ms. JAYAPAL. Mr. Speaker, on that Barr Harris Reichert road does not serve our ratepayers I demand the yeas and nays. Barton Hartzler Rice (SC) well. The yeas and nays were ordered. Bergman Hensarling Roby We must move forward with the on- Biggs Herrera Beutler Roe (TN) The SPEAKER pro tempore. Pursu- Bilirakis Hice, Jody B. Rogers (AL) going biological opinion review and the ant to clause 8 and clause 9 of rule XX, Bishop (MI) Higgins (LA) Rogers (KY) NEPA process, but we also have to en- this 15-minute vote on the motion to Bishop (UT) Hill Rohrabacher sure that we are continuing to be recommit will be followed by 5-minute Blackburn Holding Rokita mindful of our ratepayers in the re- Blum Hollingsworth Rooney, Francis votes on: Bost Hudson Rooney, Thomas gion. This bill will ultimately cost Passage of H.R. 3144, if ordered; and Brady (TX) Huizenga J. ratepayers more, not less. Suspending the rules and passing Brat Hultgren Ros-Lehtinen Mr. Speaker, it is possible to find a H.R. 5447. Brooks (AL) Hunter Roskam solution that works. Brooks (IN) Hurd Ross The vote was taken by electronic de- Buchanan Jenkins (KS) Rothfus I yield back the balance of my time. vice, and there were—yeas 190, nays Buck Johnson (LA) Rouzer b 1600 226, not voting 12, as follows: Bucshon Johnson (OH) Royce (CA) Budd Johnson, Sam Russell Mr. BISHOP of Utah. Mr. Speaker, I [Roll No. 152] Burgess Jordan Rutherford claim the time in opposition to the mo- YEAS—190 Byrne Joyce (OH) Sanford Calvert Katko Scalise tion. Adams DeLauro Khanna Carter (GA) Kelly (MS) Schrader The SPEAKER pro tempore. The gen- Aguilar DelBene Kihuen Carter (TX) Kelly (PA) Schweikert Barraga´ n Demings Kildee Chabot King (IA) Scott, Austin tleman is recognized for 5 minutes. Bass DeSaulnier Kilmer Cheney King (NY) Sensenbrenner Mr. BISHOP of Utah. Mr. Speaker, I Beatty Deutch Kind Coffman Kinzinger Sessions Bera Dingell Krishnamoorthi do appreciate the commitment of the Cole Knight Shimkus Beyer Doggett Lamb gentlewoman from Washington, the ef- Collins (GA) Kustoff (TN) Shuster Bishop (GA) Doyle, Michael Langevin Collins (NY) LaHood Simpson fort to solve some problems, and many Blumenauer F. Larsen (WA) Comer LaMalfa Smith (MO) of the issues that were brought up. Un- Blunt Rochester Ellison Larson (CT) Comstock Lamborn Smith (NE) Bonamici Engel Lawrence fortunately, many of the issues that Conaway Lance Smith (NJ) Boyle, Brendan Eshoo Lawson (FL) Cook Latta Smith (TX) were addressed simply are not covered F. Espaillat Lee Smucker in the motion to recommit at the same Brady (PA) Esty (CT) Levin Costello (PA) Lewis (MN) Brown (MD) Evans Lewis (GA) Cramer LoBiondo Stefanik time—great speeches, but not nec- Crawford Long Stewart essarily really relating directly to the Brownley (CA) Foster Lieu, Ted Bustos Frankel (FL) Lipinski Culberson Loudermilk Stivers motion. Butterfield Fudge Loebsack Curbelo (FL) Love Taylor If you actually look at what the mo- Capuano Gabbard Lofgren Curtis Lucas Tenney tion will do, ultimately, it is very clear Carbajal Gallego Lowenthal Davidson Luetkemeyer Thompson (PA) Carson (IN) Garamendi Lowey Davis, Rodney MacArthur Thornberry that it will ensure that rates actually Cartwright Gohmert Lujan Grisham, Denham Marchant Tipton do go up; carbon emissions will go up; Castor (FL) Gomez M. Dent Marino Trott and farmers, families, union members, Castro (TX) Gonzalez (TX) Luja´ n, Ben Ray DeSantis Marshall Turner DesJarlais Massie Upton and small businesses will all have to Chu, Judy Gottheimer Lynch Cicilline Green, Al Maloney, Diaz-Balart Mast Valadao eventually pay for it. Clark (MA) Green, Gene Carolyn B. Donovan McCarthy Wagner The underlying bipartisan legisla- Clarke (NY) Grijalva Maloney, Sean Duffy McCaul Walberg tion, though, and not some poorly Clay Gutie´rrez Matsui Duncan (SC) McClintock Walden Cleaver Hanabusa McCollum Duncan (TN) McHenry Walker worded gimmick that cedes more au- Clyburn Hastings McEachin Dunn McKinley Walorski thority to courts and lawyers will pro- Cohen Heck McGovern Emmer McMorris Walters, Mimi tect ratepayers and endangered salmon Connolly Higgins (NY) McNerney Estes (KS) Rodgers Weber (TX) and the whales and the taxpayers at Cooper Himes Meeks Faso McSally Webster (FL) Correa Hoyer Meng Ferguson Meadows Wenstrup the same time. Costa Huffman Moore Fitzpatrick Meehan Westerman In all due respect, I actually feel Courtney Jackson Lee Moulton Fleischmann Messer Williams happy that I was here when we saw a Crist Jayapal Murphy (FL) Flores Mitchell Wilson (SC) Crowley Jeffries Nadler Fortenberry Moolenaar Wittman display of the Senate actually passing Cuellar Johnson (GA) Napolitano Foxx Mooney (WV) Womack something. So I would suggest, in all Cummings Johnson, E. B. Neal Frelinghuysen Mullin Woodall humility to the other side, if they ac- Davis (CA) Jones Nolan Gaetz Newhouse Yoder tually want to do something which Davis, Danny Kaptur Norcross Gallagher Norman Yoho DeFazio Keating O’Halleran Garrett Nunes Young (AK) would encourage my commitment and DeGette Kelly (IL) O’Rourke Gianforte Olson Young (IA) my approval of an MTR, it would be to Delaney Kennedy Pallone Gibbs Palazzo Zeldin

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.054 H25APPT1 H3560 CONGRESSIONAL RECORD — HOUSE April 25, 2018 NOT VOTING—12 Mitchell Rooney, Francis Thompson (PA) Jenkins (WV) Loudermilk Sewell (AL) Moolenaar Rooney, Thomas Thornberry Kuster (NH) Noem Sires Black Issa Noem Mooney (WV) J. Tipton Labrador Renacci Ca´ rdenas Jenkins (WV) Renacci Mullin Roskam Trott Gowdy Kuster (NH) Sewell (AL) Newhouse Ross ANNOUNCEMENT BY THE ACTING CHAIR Grothman Labrador Sires Turner Norman Rothfus Upton The SPEAKER pro tempore (during Nunes Rouzer Valadao the vote). There are 2 minutes remain- b 1628 Olson Royce (CA) Wagner Palazzo Russell ing. Messrs. ABRAHAM, AMASH, Walberg Palmer Rutherford Walden Paulsen Scalise b 1635 NUNES, WEBSTER of Florida, JOHN- Walker Pearce Schrader SON of Ohio, Mrs. LOVE, Messrs. Walorski Perry Schweikert So the bill was passed. Walters, Mimi WITTMAN, MESSER, LUETKE- Peterson Scott, Austin The result of the vote was announced Weber (TX) MEYER, MCCARTHY, and Mrs. Pittenger Sensenbrenner Webster (FL) as above recorded. MCMORRIS RODGERS changed their Poe (TX) Sessions A motion to reconsider was laid on Poliquin Shimkus Wenstrup vote from ‘‘yea’’ to ‘‘nay.’’ Posey Shuster Westerman the table. Mr. RUPPERSBERGER, Mses. Ratcliffe Simpson Williams Stated against: Wilson (SC) TITUS, MAXINE WATERS of Cali- Reed Smith (MO) Ms. DEGETTE. Mr. Speaker, during rollcall fornia, Mr. ESPAILLAT, Ms. ESTY of Reichert Smith (NE) Wittman Rice (SC) Smith (TX) Womack vote No. 153 on H.R. 3144, I mistakenly re- Connecticut, Messrs. CROWLEY, Roby Smucker Woodall corded my vote as ‘‘yea’’ when I should have WELCH, Ms. GABBARD, and Mr. GON- Roe (TN) Stefanik Yoder voted ‘‘nay.’’ ZALEZ of Texas changed their vote Rogers (AL) Stewart Yoho Rogers (KY) Stivers Young (AK) f from ‘‘nay’’ to ‘‘yea.’’ Rohrabacher Taylor Young (IA) So the motion to recommit was re- Rokita Tenney Zeldin MUSIC MODERNIZATION ACT jected. The SPEAKER pro tempore. The un- The result of the vote was announced NAYS—189 finished business is the vote on the mo- as above recorded. Adams Gomez Nolan Aguilar Gonzalez (TX) Norcross tion to suspend the rules and pass the The SPEAKER pro tempore. The Amash Gottheimer O’Halleran bill (H.R. 5447) to modernize copyright question is on the passage of the bill. ´ Barragan Green, Al O’Rourke law, and for other purposes, as amend- The question was taken; and the Bass Grijalva Pallone ´ ed, on which the yeas and nays were or- Speaker pro tempore announced that Beatty Gutierrez Panetta Bera Hanabusa Pascrell dered. the ayes appeared to have it. Beyer Hastings Payne The Clerk read the title of the bill. Mr. GRIJALVA. Mr. Speaker, on that Blumenauer Heck Pelosi The SPEAKER pro tempore. The I demand the yeas and nays. Blunt Rochester Higgins (NY) Perlmutter Bonamici Himes question is on the motion offered by The yeas and nays were ordered. Peters Boyle, Brendan Hoyer Pingree the gentleman from Virginia (Mr. The SPEAKER pro tempore. This is a F. Huffman Pocan GOODLATTE) that the House suspend 5-minute vote. Brady (PA) Jackson Lee Polis the rules and pass the bill, as amended. The vote was taken by electronic de- Brown (MD) Jayapal Price (NC) Brownley (CA) Jeffries This is a 5-minute vote. vice, and there were—yeas 225, nays Quigley Bustos Johnson (GA) Raskin The vote was taken by electronic de- 189, not voting 14, as follows: Butterfield Johnson, E. B. Rice (NY) vice, and there were—yeas 415, nays 0, [Roll No. 153] Capuano Kaptur Richmond Carbajal Keating not voting 13, as follows: YEAS—225 Ros-Lehtinen Carson (IN) Kelly (IL) Rosen [Roll No. 154] Abraham Cuellar Holding Cartwright Kennedy Roybal-Allard Castor (FL) Khanna YEAS—415 Aderholt Culberson Hollingsworth Ruiz Castro (TX) Kihuen Allen Curtis Hudson Ruppersberger Abraham Butterfield Davis, Danny Chu, Judy Kildee Amodei Davidson Huizenga Rush Adams Byrne Davis, Rodney Cicilline Kilmer Arrington Davis, Rodney Hultgren Ryan (OH) Aderholt Calvert DeFazio Clark (MA) Kind Babin DeGette Hunter Sa´ nchez Aguilar Capuano DeGette Clarke (NY) Krishnamoorthi Bacon Denham Hurd Sanford Allen Carbajal Delaney Clay Lamb Banks (IN) Dent Jenkins (KS) Sarbanes Amash Carson (IN) DeLauro Cleaver Lance Barletta DeSantis Johnson (LA) Schakowsky Amodei Carter (GA) DelBene Clyburn Langevin Barr DesJarlais Johnson (OH) Schiff Arrington Carter (TX) Demings Cohen Larsen (WA) Barton Diaz-Balart Johnson, Sam Schneider Babin Cartwright Denham Bergman Donovan Jones Connolly Larson (CT) Bacon Castor (FL) Dent Cooper Lawrence Scott (VA) Biggs Duffy Jordan Scott, David Banks (IN) Castro (TX) DeSantis Bilirakis Duncan (SC) Joyce (OH) Courtney Lawson (FL) Barletta Chabot DeSaulnier Crist Lee Serrano Bishop (GA) Duncan (TN) Katko Shea-Porter Barr Cheney DesJarlais Bishop (MI) Dunn Kelly (MS) Crowley Levin Barraga´ n Chu, Judy Deutch Cummings Lewis (GA) Sherman Bishop (UT) Emmer Kelly (PA) Sinema Barton Cicilline Diaz-Balart Blackburn Estes (KS) King (IA) Curbelo (FL) Lieu, Ted Bass Clark (MA) Dingell Davis (CA) Lipinski Smith (NJ) Blum Faso King (NY) Smith (WA) Beatty Clarke (NY) Doggett Bost Ferguson Kinzinger Davis, Danny LoBiondo Bera Clay Donovan DeFazio Loebsack Soto Brady (TX) Fleischmann Knight Speier Bergman Cleaver Doyle, Michael Brat Flores Kustoff (TN) Delaney Lofgren Beyer Clyburn F. DeLauro Lowenthal Suozzi Brooks (AL) Fortenberry LaHood Swalwell (CA) Biggs Coffman Duffy Brooks (IN) Foxx LaMalfa DelBene Lowey Bilirakis Cohen Duncan (SC) Demings Lujan Grisham, Takano Buchanan Gaetz Lamborn Thompson (CA) Bishop (GA) Cole Duncan (TN) Buck Gallagher Latta DeSaulnier M. Bishop (MI) Collins (GA) Dunn ´ Thompson (MS) Bucshon Garrett Deutch Lujan, Ben Ray Bishop (UT) Collins (NY) Lewis (MN) Titus Ellison Budd Gianforte Long Dingell Lynch Blackburn Comer Emmer Tonko Burgess Gibbs Love Doggett Maloney, Blum Comstock Engel Torres Byrne Gohmert Lucas Doyle, Michael Carolyn B. Blumenauer Conaway Eshoo Tsongas Calvert Goodlatte Luetkemeyer F. Maloney, Sean Blunt Rochester Connolly Espaillat Vargas Carter (GA) Gosar MacArthur Ellison Matsui Bonamici Cook Esty (CT) Veasey Carter (TX) Granger Marchant Engel McCollum Bost Cooper Evans Vela Chabot Graves (GA) Marino Eshoo McEachin Boyle, Brendan Correa Faso Vela´ zquez Cheney Graves (LA) Marshall Espaillat McGovern F. Costa Ferguson Visclosky Coffman Graves (MO) Massie Esty (CT) McNerney Brady (PA) Costello (PA) Fitzpatrick Walz Cole Green, Gene Mast Evans Meeks Brady (TX) Courtney Fleischmann Wasserman Collins (GA) Griffith McCarthy Fitzpatrick Meng Brat Cramer Flores Schultz Collins (NY) Guthrie McCaul Foster Moore Brooks (AL) Crawford Fortenberry Comer Handel McClintock Frankel (FL) Moulton Waters, Maxine Brooks (IN) Crist Foster Comstock Harper McHenry Fudge Murphy (FL) Watson Coleman Brown (MD) Crowley Foxx Conaway Harris McKinley Gabbard Nadler Welch Brownley (CA) Cuellar Frankel (FL) Cook Hartzler McMorris Gallego Napolitano Wilson (FL) Buchanan Culberson Frelinghuysen Correa Hensarling Rodgers Garamendi Neal Yarmuth Buck Cummings Fudge Costa Herrera Beutler McSally Bucshon Curbelo (FL) Gabbard Costello (PA) Hice, Jody B. Meadows NOT VOTING—14 Budd Curtis Gaetz Cramer Higgins (LA) Meehan Black Frelinghuysen Grothman Burgess Davidson Gallagher Crawford Hill Messer Ca´ rdenas Gowdy Issa Bustos Davis (CA) Gallego

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.047 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3561 Garamendi Love Ross Jenkins (WV) Noem Sires Please join me and the Florida dele- Garrett Lowenthal Rothfus Kuster (NH) Renacci Gianforte Lowey Rouzer Labrador Sewell (AL) gation in honoring Gilchrist County Gibbs Lucas Roybal-Allard Sergeant Noel Ramirez and Deputy Gohmert Luetkemeyer Royce (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Taylor Lindsey and all of our fallen he- Gomez Lujan Grisham, Ruiz The SPEAKER pro tempore (during roes who have made the ultimate sac- Gonzalez (TX) M. Ruppersberger the vote). There are 2 minutes remain- Goodlatte Luja´ n, Ben Ray Rush rifice to ensure our safety. Gosar Lynch Russell ing. At this time, Mr. Speaker, I ask that Gottheimer MacArthur Rutherford b 1642 the House hold a moment of silence. Granger Maloney, Ryan (OH) Graves (GA) Carolyn B. ´ Sanchez So (two-thirds being in the affirma- f Graves (LA) Maloney, Sean Sanford tive) the rules were suspended and the Graves (MO) Marchant Sarbanes Green, Al Marino Scalise bill, as amended, was passed. b 1645 Green, Gene Marshall Schakowsky The result of the vote was announced Griffith Massie Schiff as above recorded. Grijalva AUTISM AWARENESS MONTH Mast Schneider A motion to reconsider was laid on Guthrie Matsui Schrader (Mr. LANGEVIN asked and was given Hanabusa McCarthy Schweikert the table. Handel McCaul Scott (VA) Stated for: permission to address the House for 1 Harper McClintock Scott, Austin Mr. ESTES of Kansas. Mr. Speaker, I was minute and to revise and extend his re- Harris McCollum Scott, David marks.) Hartzler McEachin unavoidably detained. Had I been present, I Sensenbrenner Mr. LANGEVIN. Mr. Speaker, I rise Hastings McGovern Serrano would have voted ‘‘yea’’ on rollcall No. 154. Heck McHenry today in recognition of Autism Aware- Sessions f Hensarling McKinley Shea-Porter ness Month. Herrera Beutler McMorris Sherman MESSAGE FROM THE SENATE Right now, the CDC estimates that 1 Hice, Jody B. Rodgers Shimkus Higgins (LA) McNerney Shuster A message from the Senate by Ms. in 68 children has been identified with Higgins (NY) McSally Simpson Lasky, one of its clerks, announced autism spectrum disorder, but a recent Hill Meadows Sinema parent survey indicated that as many Himes Meehan that the Senate has passed with an Smith (MO) as 1 in 45 children may be affected. Holding Meeks Smith (NE) amendment in which the concurrence Hollingsworth Meng Smith (NJ) of the House is requested, a bill of the As a proud uncle of a young man with Hoyer Messer Smith (TX) autism, I understand the challenges Hudson Mitchell House of the following title: Smith (WA) Huffman Moolenaar that families across the country are Smucker H.R. 2061. An act to reauthorize the North Huizenga Mooney (WV) facing and the need for more resources Soto Korean Human Rights Act of 2004, and for Hultgren Moore Speier other purposes. to support this in this area. But I am Hunter Moulton Stefanik also aware of the positive opportunities Hurd Mullin f Stewart Issa Murphy (FL) that we can create by working together Stivers Jackson Lee Nadler PERMISSION FOR MEMBER TO BE to build a better future for our loved Suozzi Jayapal Napolitano Swalwell (CA) CONSIDERED AS FIRST SPONSOR ones with autism and the families that Jeffries Neal OF H.R. 256 Jenkins (KS) Newhouse Takano care for them. Johnson (GA) Nolan Taylor Mr. HUNTER. Mr. Speaker, I ask Mr. Speaker, I have been a proud par- Johnson (LA) Norcross Tenney Thompson (CA) unanimous consent that I may here- ticipant in the Rhode Island Autism Johnson (OH) Norman Project’s annual Imagine Walk, which Johnson, E. B. Nunes Thompson (MS) after be considered to be the first spon- Johnson, Sam O’Halleran Thompson (PA) sor of H.R. 256, a bill originally intro- highlights the importance of research, Jones O’Rourke Thornberry duced by Representative Farenthold of screening, interventions, and education Jordan Olson Tipton for the entire Ocean State community Joyce (OH) Palazzo Titus Texas, for the purposes of adding co- Kaptur Pallone Tonko sponsors and requesting reprintings and also helps to raise resources. Katko Palmer Torres pursuant to clause 7 of rule XII. I look forward to continuing my Keating Panetta Trott work in Congress to support the Au- Tsongas The SPEAKER pro tempore. Is there Kelly (IL) Pascrell tism Project and other great organiza- Kelly (MS) Paulsen Turner objection to the request of the gen- Kelly (PA) Payne Upton tleman from California? tions that help foster a more tolerant, Kennedy Pearce Valadao There was no objection. inclusive society. Khanna Pelosi Vargas Veasey f Kihuen Perlmutter f Kildee Perry Vela Kilmer Peters Vela´ zquez MOMENT OF SILENCE FOR FALLEN Kind Peterson Visclosky GILCHRIST LAW ENFORCEMENT OFFSHORE DRILLING King (IA) Pingree Wagner OFFICERS King (NY) Pittenger Walberg (Mr. FRANCIS ROONEY of Florida Kinzinger Pocan Walden (Mr. DUNN asked and was given per- asked and was given permission to ad- Knight Poe (TX) Walker mission to address the House for 1 dress the House for 1 minute.) Krishnamoorthi Poliquin Walorski Kustoff (TN) Polis Walters, Mimi minute.) Mr. FRANCIS ROONEY of Florida. LaHood Posey Walz Mr. DUNN. Mr. Speaker, I rise today Mr. Speaker, I rise today to continue LaMalfa Price (NC) Wasserman to honor the memory of two fallen he- to talk about how dangerous the off- Lamb Quigley Schultz roes back home in Florida: Gilchrist shore drilling business is for the east- Lamborn Raskin Waters, Maxine Lance Ratcliffe Watson Coleman County Sergeant Noel Ramirez and ern gulf and our environment in Flor- Langevin Reed Weber (TX) Deputy Taylor Lindsey. These two offi- ida. Larsen (WA) Reichert Webster (FL) cers were tragically murdered in the Blowouts reached an all-time high Larson (CT) Rice (NY) Welch Latta Rice (SC) Wenstrup line of duty during an ambush shooting offshore in 2016. For every 1,000 new Lawrence Richmond Westerman on April 19. wells offshore, 20 blowouts occur. Lawson (FL) Roby Williams Mr. Speaker, these two young men For 14 years, Taylor Energy has had Lee Roe (TN) Wilson (FL) were selfless heroes, patriots, and ev- a well off of south Louisiana that has Levin Rogers (AL) Wilson (SC) Lewis (GA) Rogers (KY) Wittman erything we aspire to be as people, as a leaked. It has leaked hundreds of thou- Lewis (MN) Rohrabacher Womack Nation, and as Americans. sands of gallons of oil every year. Lieu, Ted Rokita Woodall Sergeant Ramirez had been in law en- Leaks from LL&G’s pipeline leaked Lipinski Rooney, Francis Yarmuth LoBiondo Rooney, Thomas Yoder forcement for 7 years and leaves behind 392,700 barrels of oil in 2017, and in 2016 Loebsack J. Yoho two young children and a wife. He had, Shell Oil had a similar leak in one of Lofgren Ros-Lehtinen Young (AK) as Sheriff Bobby Schultz described it, their pipelines. That is really bad be- Long Rosen Young (IA) an infectious smile. Deputy Lindsey cause Shell Oil is one of the best com- Loudermilk Roskam Zeldin joined the Gilchrist County Sheriff’s panies in the industry. It shows you NOT VOTING—13 Office in 2013, and dedicated his time that human error cannot be eliminated Black Estes (KS) Grothman and efforts towards getting illegal from offshore drilling, and we should Ca´ rdenas Gowdy Gutie´rrez drugs off our streets. ban it in the eastern Gulf of Mexico.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.050 H25APPT1 H3562 CONGRESSIONAL RECORD — HOUSE April 25, 2018 FREE THE PANCHEN LAMA OF VALERIY ‘‘LARRY’’ SAVINKIN ceptional care and services with com- TIBET STREET CO-NAMING CEREMONY passion and pride guided by the Ma- (Mr. MCGOVERN asked and was IN BROOKLYN, NEW YORK sonic principles of brotherly love, re- given permission to address the House (Mr. JEFFRIES asked and was given lief, truth, and integrity. Currently, for 1 minute and to revise and extend permission to address the House for 1 more than 500 seniors call the Masonic his remarks.) minute.) Care Community of New York and Mr. MCGOVERN. Mr. Speaker, today, Mr. JEFFRIES. Mr. Speaker, it is my their independent living center home. we celebrate the 29th birthday of honor that, on Tuesday, May 1, the I want to extend my congratulations Gedhun Choekyi Nyima, the 11th Pan- communities of south Brooklyn, on the to the staff at the Masonic Care Com- chen Lama of Tibetan Buddhism. corner of Brighton Beach and Coney Is- munity of New York for their hard He was chosen for his position on land Avenues, will be co-named for work in continuing to make the Ma- May 15, 1995, by His Holiness the Dalai Valeriy ‘‘Larry’’ Savinkin, a dedicated sonic Care Community of New York a Lama. Two days later, when he was and well-respected community leader, first-class facility. I wish them 125 only 6 years old, the Chinese Govern- who passed away last year. more years of exceptional service. ment detained him and his family. The Larry was my congressional field rep- f Panchen Lama has not been heard from resentative who served the residents of REMEMBERING THE LIFE OF since. Twenty-three years later, he is the Eighth Congressional District with AUSTIN MEYER one of the world’s longest held pris- great distinction. (Mr. KIHUEN asked and was given oners of conscience. His success and impact on the neigh- permission to address the House for 1 People from all over the world—rep- borhoods of southern Brooklyn and minute and to revise and extend his re- resentatives of governments, the Queens were not limited to his work in marks.) United Nations, and civil society orga- the Eighth Congressional District of- Mr. KIHUEN. Mr. Speaker, today I nizations—have repeatedly asked to see fice. For over 20 years, he was involved rise to remember the life of Austin him, without success. in several prominent organizations, in- Meyer. What kind of government steals away cluding the September 11 Family Austin moved to Reno, Nevada, to a child? Group, the Holocaust Memorial Com- study transportation technology at The Panchen Lama’s disappearance mittee, and the Odessa Community of Truckee Meadows Community College. symbolizes the violations of religious New York. He had a passion for cars and sports. He freedom that take place in Tibetan Larry had a magnetic personality loved to watch basketball, especially areas of China on a daily basis. and cared about his community im- Mr. Speaker, in honor of his birth- the Boston Celtics. mensely. Austin was excited to watch his fa- day, please join me in calling on the I had the privilege of knowing and Chinese Government to free the true vorite band perform at the Route 91 working with him for several years. I festival on October 1 in Las Vegas. Panchen Lama. look forward to standing on Valeriy f Austin went to the festival with his ‘‘Larry’’ Savinkin Street with New fiancee, Dana Getreu, to celebrate his DEFERMENT FOR ACTIVE CANCER York City Council Members Mark birthday and their anniversary. TREATMENT Treyger and Chaim Deutsch next Tues- Austin dreamed of opening up his (Ms. ROS-LEHTINEN asked and was day to commemorate and acknowledge own auto repair shop after graduation given permission to address the House this outstanding individual. and was excited to get married to Dana for 1 minute and to revise and extend f and start a family. He always had a her remarks.) smile on his face and made people RECOGNIZING 125TH ANNIVERSARY Ms. ROS-LEHTINEN. Mr. Speaker, I laugh. OF MASONIC CARE COMMUNITY rise today to speak on the Deferment Austin’s friends and family remem- OF NEW YORK for Active Cancer Treatment Act. I in- ber him for being ambitious, smart, troduced this bill with my friend, Con- (Ms. TENNEY asked and was given and hardworking. gressman ED PERLMUTTER, with the permission to address the House for 1 I would like to extend my condo- support of Critical Mass: The Young minute and to revise and extend her re- lences to Austin Meyer’s family and Adult Cancer Alliance. marks.) friends. Please know that the city of This commonsense and bipartisan Ms. TENNEY. Mr. Speaker, I rise Las Vegas, the State of Nevada, and measure will enable cancer patients to today to recognize the 125th anniver- the whole country grieve with you. defer payments on public student loans sary of the incredible Masonic Care f while actively receiving treatment, Community of New York, located in without interest accruing during the the city of Utica. CELEBRATING 100TH BIRTHDAY OF deferment period. The Masonic Care Community of New DORA DUNCAN GILLENWATER Sadly, in 2018 alone, Mr. Speaker, York opened its doors on May 1, 1893, BARTLEY more than 1.7 million Americans will as the Masonic Home, started by the (Mr. COMER asked and was given be newly diagnosed with cancer. Be- Free and Accepted Masons of the State permission to address the House for 1 yond the terrible news of this cancer of New York. Their goal was to provide minute and to revise and extend his re- diagnosis, these individuals have to en- high-quality care to elderly masons marks.) dure exhaustive treatment and stag- and families living in the Mohawk Val- Mr. COMER. Mr. Speaker, I rise in gering medical expenses, often leading ley region. celebration of a lifelong friend and to under- or unemployment. This re- Within 30 years, the location ex- neighbor, Mrs. Dora Duncan ality makes it incredibly difficult for panded to include a building for 360 Gillenwater Bartley of my hometown many cancer patients to make pay- adults, a hospital, several dormitories of Tompkinsville, in the First District ments on their student loans on time. for children, and a 200-acre working of Kentucky, who is celebrating her By passing the Deferment for Active farm that supplied food for those living 100th birthday today. Cancer Treatment Act, we will help so on the campus. Dora Bartley’s dedication to serving many cancer patients and stimulate Today, the Masonic Care Community others rivals only her love for her hus- the economy. These patients will be of New York offers top-of-the-line band, James Dale Bartley, and their prevented from defaulting on their stu- healthcare options to all. It also offers seven children. dent loans, which they so desperately high-quality senior care, rehabilitation Known throughout Monroe County need. services, and child care, while also for her abundant compassion and un- Mr. Speaker, Ed and I encourage our making house calls for those patients wavering work ethic, she has not only colleagues to stand with cancer pa- who are unable to leave their home. cared for her family, but also welcomed tients across our Nation and support Masonic Care Community of New abused and orphaned women and chil- and cosponsor the Deferment for Ac- York has supported, nurtured, and edu- dren into her home and treated them tive Cancer Treatment Act. cated the community by providing ex- as her own.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.063 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3563 Throughout her life, she has been and economic challenges, now under It is important to note that only guided by her steadfast commitment to the leadership of his son Michael. about 100 organizations have charters her faith and has worked tirelessly for The loss of Pete will be deeply felt in with Federal agencies, only six organi- the benefit of others, not only during Washington, in the Nation, and around zations require the respective govern- her service as deputy jailer, but even the world. May it bring some measure ment agency to select one member for after her retirement through her in- of comfort to his wife, Joan Ganz the board of directors, and FFA is the volvement in distributing commodities Cooney; his children, John, Jim, David, only organization that requires a ma- and serving her fellow senior citizens. Holly, and Michael; and all his loved jority of its board of directors be cho- I am deeply thankful for her friend- ones that so many grieve with them sen by its partner government agency. ship and guidance throughout my life, during this difficult time. Mr. Speaker, H.R. 5595, the National and I am honored to join with her I knew and loved Pete Peterson, and FFA Organization’s Charter Amend- friends and family, as well as all who I know he loved his family above all. ments Act, makes updates to allow the have benefited from her generous spir- He was a great American, who loved National FFA to be a self-governing or- it, in celebrating this milestone our country as well. ganization while maintaining its long- achievement. I wish Dora Bartley a f held relationship with the U.S. Depart- happy 100th birthday and many more THE REPUBLIC OF TEXAS—THE ment of Education. joyful years filled with blessings. REPUBLIC OF FRANCE This amendment brings FFA, a great f cornerstone of rural America, into the (Mr. POE of Texas asked and was 21st century, and I encourage my col- b 1700 given permission to address the House leagues to cosponsor this legislation. for 1 minute and to revise and extend f CELEBRATING THE LIFE OF his remarks.) PETER G. PETERSON Mr. POE of Texas. Mr. Speaker, just NATIONAL SCIENCE BOWL (Ms. PELOSI asked and was given a stone’s throw away from the Champs- (Mr. FLEISCHMANN asked and was permission to address the House for 1 Elysees and the Louvre in Paris stands given permission to address the House minute.) the Hotel de Vendome, the former for 1 minute and to revise and extend Ms. PELOSI. Mr. Speaker, I rise home of the official embassy of the Re- his remarks.) today to remember a great American public of Texas. Mr. FLEISCHMANN. Mr. Speaker, I patriot, Pete Peterson, who passed In fact, France was the first nation rise this evening on behalf of some of away at the age of 91 last month. to recognize Texas as an independent my greatest constituents, Oak Ridge Born to Greek immigrant parents in nation in 1836, when a treaty was High School, in the Third District of America’s heartland of Nebraska, Pete signed between the two countries. Tennessee. rose from humble beginnings to con- Today, a marker denotes the building The Department of Energy created tribute to our Nation as a public serv- where the Texas embassy was in the National Science Bowl in 1991. This ant, statesman, business leader, and es- France. is one of the most prestigious competi- pecially through his philanthropic and In turn, France had an embassy in tions in math and science for our high policy work. Austin, Texas, not far from our current school and middle school students. Pete was a clarion voice for fiscal re- Texas Capitol Building. Oak Ridge High School is the only sponsibility and a strong moral con- Notably, Texas also once belonged to high school in the great State of Ten- science in Washington, working tire- France before Spain reclaimed Texas. nessee to participate in the finals this Explorer La Salle planted the French lessly and always reaching across party year that will take place this weekend. flag in Texas in 1685 and established a lines. I would like to announce that Joseph settlement in Matagorda. For Pete, building a bright economic Andress, Henry Shen, Steven Qu, Mel- future for the next generation was his Texas later became a sovereign republic and 9 years later joined the ody Guo, and Batu Odbadrakh are our patriotic duty. He understood that he outstanding students for Oak Ridge was so fortunate to have lived the United States. So on this day when French Presi- High School. American Dream, and he wanted that dent Macron addressed Congress, Texas Go Oak Ridge. Go National Science same opportunity available for every remembers and appreciates that Texas Bowl. Go America. man, woman, and child in our Nation. was not only an independent country f Economic policy leadership was a de- France first recognized, but was once a fining thread running through his life, RECOGNITION OF BARBARA JOHNS part of France. including in his roles as Secretary of DAY And that is just the way it is. Commerce, the head of major Amer- The SPEAKER pro tempore (Mr. f ican corporations, and the founder of FITZPATRICK). Under the Speaker’s an- respected policy organizations, includ- BRINGING FUTURE FARMERS OF nounced policy of January 3, 2017, the ing the Peterson Institute for Inter- AMERICA INTO THE 21ST CENTURY gentleman from Virginia (Mr. GAR- national Economics and the Peterson (Mr. THOMPSON of Pennsylvania RETT) is recognized for 60 minutes as Foundation. asked and was given permission to ad- the designee of the majority leader. Pete’s prophetic voice on the impor- dress the House for 1 minute and to re- Mr. GARRETT. Mr. Speaker, it is an tance of fiscal sustainability brought vise and extend his remarks.) honor, the likes of which I can’t think together generations of policymakers, Mr. THOMPSON of Pennsylvania. of a comparison, to stand here, in this no matter their political background, Mr. Speaker, yesterday I introduced a week of April 2018, and commemorate a to find common ground and effective bill with my colleagues, Congressman battle undertaken by a student that I solutions. His strong moral leadership JIM LANGEVIN and Congressman DAVID would argue was a continuation of the to ensure our children and our grand- YOUNG of Iowa, to modernize the char- American Revolution. children inherit a healthy fiscal future ter of the National FFA Organization. The American Revolution began leaves a remarkable legacy. FFA, formerly called the Future when a group of White male land- Mr. Speaker, anyone who knew Pete Farmers of America, was founded in owners cast off the tyrannical throne will attest to his wit, generous spirit, 1928. which lorded over them from across an and personal warmth that made him a Congress recognized the importance ocean, but it moved forward 80 years pleasure to be around. of FFA as an integral part of agri- later when a million Americans, Pete signed The Giving Pledge and culture and, in 1950, granted it a Fed- through disease and starvation and committed the bulk of his personal for- eral charter. battlefield death, gave their lives to rid tune to philanthropic causes. His leg- The charter provides Federal author- this Nation of the horrific institution acy will endure in many ways, but es- ity to create an interagency working of slavery. Then 55 years later, I would pecially through the work of the Peter- agreement that is focused on strength- argue that it continued when the fran- son Foundation, which continues to ening FFA and school-based agri- chise was extended through women’s focus on solutions to America’s fiscal culture education. suffrage to women.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.065 H25APPT1 H3564 CONGRESSIONAL RECORD — HOUSE April 25, 2018 Then 30-plus years after that, by a 16- Barbara took her concerns about the We should speak out when we see in- year-old high school student at the school to a teacher, who responded by justice, we should act when we see in- R.R. Moton High School in Farmville, asking her to do something about it. equity. The best way to honor her leg- Virginia, who had heard about the After months of contemplation and acy is to act in the same spirit that she foundational ideas espoused by a slave imagination, she began to formulate a did. owner named Jefferson who wrote that plan. Seizing on the moment, on April Mr. Speaker, I thank my colleague all people are created equal, but 23, 1951, Barbara Johns, a 16-year-old from Virginia (Mr. GARRETT), for pro- couldn’t reconcile that with her life ex- high school student, led her classmates viding an opportunity to remind us of perience, because in the county where on a strike to protest the substandard our obligation to do the right thing. she lived, a brand-new high school had conditions at Robert Russa Moton High Mr. GARRETT. Mr. Speaker, I thank been built, but only some kids could School. Congressman SCOTT for his comments. attend it. Her leadership and advocacy ulti- I refer to myself as a nerd—which is So in extending this American Revo- mately garnered the support of NAACP okay, because the nerds usually win in lution that continues to this day, this lawyers Spottswood Robinson and Oli- the end—who loves history. My ac- 16-year-old young woman, Barbara ver Hill to take up her cause and the quaintance with the story of Barbara Rose Johns, led a school walkout that cause of more equitable conditions at Johns did not begin as a school student was the only student-initiated case Moton High School. taking Virginia history in Virginia, it amalgamated into the decision in After meeting with the students and did not begin as a student at a top tier Brown v. Board of Education, which rid the community, they filed suit in Fed- university studying history. America of the ridiculous lie that was eral court in Richmond, Virginia. It began when I became a candidate ‘‘separate but equal.’’ The Virginia case was called Davis v. for the State Senate of Virginia. The So her walkout was not to take County School Board of Prince Edward district that I wished to represent and rights from others, but to extend rights County, and, in 1954, Davis became one had the honor of representing included to all, and the idea of an American Na- of the four cases decided in the Su- Farmville. So when I went to tion founded on the idea that all people preme Court in Brown v. Board of Edu- Farmville, I had the opportunity to at- had fundamental rights, and that it cation. tend a function at the Moton Museum, was the role of government to protect There is a saying that ‘‘courage is which stands where R.R. Moton High those. not the absence of fear, but the assess- School stood and, in fact, encompasses Mr. Speaker, I yield to the gentleman ment that something else is more im- the bulk of that facility. from Virginia (Mr. SCOTT), my col- portant.’’ Her courage led to the power- I heard about Barbara Johns, and I league. ful language in the Brown decision that thought: Who is Barbara Johns? And Mr. SCOTT of Virginia. Mr. Speaker, still rings true today. the more I learned about Barbara I thank the gentleman for yielding. In the case, the Court said: Johns, the more I was amazed that I Mr. Speaker, I rise today to join my ‘‘Today, education is perhaps the didn’t know the answer to that ques- colleague from Virginia, Congressman most important function of State and tion. GARRETT. I want to thank him for or- local governments. Compulsory school When we put in a bill to commemo- ganizing this evening’s Special Order, attendance laws and the great expendi- rate April 23, the day that this coura- but first I want to commend him for tures for education both demonstrate geous, and I would stress without ceas- his work as a Virginia State senator our recognition of the importance of ing, 16-year-old student—when I was 16 for making April 23 Barbara Johns Day education to our democratic society. It years old, I think I was more concerned in the Commonwealth of Virginia. is required in the performance of our with the zit on my nose and whether I This April 23, Monday, marked the most basic public responsibilities, even could get a homecoming date than first official recognition of this impor- service in the Armed Forces. It is the whether I was going to change the tant day in the Commonwealth. very foundation of good citizenship. world. Almost 64 years ago, the Supreme Today, it is a principal instrument in But when I learned more about her Court struck down lawful school seg- awakening the child to cultural values, and we put in a bill to commemorate regation in the case of Brown v. Board in preparing him for later professional April 23 as a holiday in the Common- of Education. What few people know is training, and in helping him to adjust wealth of Virginia, it was my hope that that Virginia was one of the four cases normally to his environment. In these one day someone would look at a cal- decided that day. There were three days, it is doubtful that any child may endar and see Barbara Johns Day and other States, and Washington, D.C., reasonably be expected to succeed in say: Who was Barbara Johns? had another case that was decided the life if he is denied the opportunity of Someone had the temerity to say to same day. an education. Such an opportunity, me: Well, Tom, this is Black history. Virginia’s involvement in Brown v. where the State has undertaken to pro- I reject that on its face. This is not Board of Education stood out because vide it, is a right which must be made Black history or Brown history or that effort was led by a student, name- available to all on equal terms. White history. It is American history, ly Barbara Johns. She was only 16 ‘‘We come, then, to the question pre- and it is red, white, and blue. years of age. This stalwart figure in sented: Does segregation of children in the struggle for equal education stood public schools solely on the basis of b 1715 up to challenge the notion that African race, even though the physical facili- That this country is the worst nation Americans should receive separate and ties and other ‘tangible’ factors may be in the world, except for all the others, unequal education under the law. equal, deprive the children of the mi- to paraphrase Winston Churchill, is Barbara Johns grew up in Farmville, nority group of equal educational op- something that I am proud of. Virginia, and attended Robert Russa portunities? We believe that it does.’’ That we were founded by geniuses Moton High School, an all-Black And the Court concluded: ‘‘We con- like Jefferson, who was a flawed and school serving more than 450 students clude that, in the field of public edu- fallen man by virtue of his participa- despite the fact that the facility was cation, the doctrine of ‘separate but tion in an evil, evil enterprise that was designed for only 180. equal’ has no place. Separate edu- the slave trade, does not diminish the She described the inadequacies of the cational facilities are inherently un- brilliance of the idea expanded upon by school as having shabby equipment, no equal.’’ Locke and Rousseau and Hume, of nat- science laboratories, no separate gym- Those powerful words were provoked ural law that all people have certain nasium. Conditions were so bad at the by the courage of Barbara Johns and fundamental rights. That is who we are high school that, in 1947, even in Jim others like her who led the charge to as a country. Crow Virginia, the State offered money bring the cases to the Supreme Court. The reason I postulated earlier that to improve the school, yet the all- The example of Barbara Johns should the American Revolution should never White Prince Edward County School serve as an example for all of us. She end is because in the preamble to the Board refused to accept the State’s did not sit on the sidelines, and neither Constitution, our Founders gave us not funding. should we. a perfect union, but sought to establish

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.067 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3565 a more perfect union. And the word So the threat to Barbara Johns was have 5 legislative days in which to re- more’s inclusion is important because existential and real but, in the face of vise and extend their remarks and in- it implies the perpetual need to act be- that threat, she stood, and she led. And clude extraneous material on the topic cause, in any institution governed by it wasn’t about self-aggrandizement. of my Special Order. flawed and fallen human beings, there There was no future political career. The SPEAKER pro tempore. Is there will always inherently be imperfection, Barbara John’s aspiration in life was to objection to the request of the gentle- but that does not absolve us of our be a librarian. She became one. woman from North Carolina? duty to do the best we can. But when her moment came, she led. There was no objection. You can judge a nation and its char- And she led, not to take from anyone, Ms. FOXX. Mr. Speaker, I yield such acter by the people whose virtues it ex- but to give to everyone what is inher- time as he may consume to the gen- tols. And to suggest that Barbara ently their right and should be cher- tleman from Pennsylvania (Mr. THOMP- Johns is an American hero is to under- ished and protected by government. SON). state it. And so we have, with incredible hu- Mr. THOMPSON of Pennsylvania. Again, a revolution to cast off a ty- mility, had the opportunity to serve in Mr. Speaker, I thank the gentlewoman rannical crown, followed decades and this hallowed institution, and this and my chairman from the House Edu- decades later by a civil war to abolish week, have filed for Barbara Johns to cation and the Workforce Committee a horrific, horrific activity, followed by receive the Congressional Gold Medal. for hosting this Special Order tonight a fight for generations to ensure suf- It is the highest award that can be be- on an issue that is impacting every ZIP frage to an entire sex, followed 30-some stowed by this Chamber. Code in America. years later by a young girl with the Tragically, Ms. Johns passed from The gentlewoman’s poster says it all. courage to stand up and assert that this life in 1991, but I would submit This is close to home: Life beyond justice should be equal for all, and that that she is well-worthy of this honor. opioids, and stability, health, and heal- transcends even educational oppor- And then if bestowing this honor upon ing. tunity, inarguably. her posthumously will lead more Amer- The opioid epidemic is considered by So I hold in high regard foundational ican young people to read and learn many to be the worst public health cri- heroes like Patrick Henry, and I have about the leadership and courage dem- sis of our generation and, according to spoken from this spot on this floor be- onstrated by this school student from the National Institutes of Health, more fore and talked about his speech: ‘‘I Prince Edward County, Virginia, then than 115 people in the United States die know not what course others may take, it is well worth doing. every day from an opioid overdose. but as for me, give me liberty or give I in no way, shape, or form mean to This epidemic is not an urban prob- me death.’’ make light, but if Bob Hope and Ro- lem and it is not a rural problem. It is But my favorite ‘‘Patrick Henryism’’ berto Clemente and John Wayne and a national problem. No ZIP Code, as I was when, on speaking on separating Arnold Palmer and Dr. Muhammad said, in the country is immune from from the crown, someone from the Yunus and Louis L’Amour can receive this crisis. This is an epidemic that back of the room shouted ‘‘Treason,’’ the Congressional Gold Medal, then, by transcends all socioeconomic classes, and Henry said: ‘‘If this be treason, gosh, Barbara Rose Johns Powell de- and all of America’s people, all of make the most of it,’’ a willingness to serves it. America’s diversity of families is at stand and fight and die because some- This is a story that should be told. risk. And it is not a political story, it is an thing was the right thing to do. Heroin and pain pill addiction doesn’t Now, let’s skip forward to a 16-year- American story. It is not a black or discriminate on age, race, gender, or old girl in the segregated South. She white story, it is an American story. It socioeconomic status. Your neighbor undoubtedly had the fortune of a is not a story about a powerful woman, could be using heroin and so could strong family. I have had the honor of it is a story about a powerful human their high honors high school student. speaking on multiple occasions with being. Unfortunately, the people of Pennsyl- her sister and an amazing uncle in We, collectively, are great because vania have seen some of the worst. Vernon Johns, a pastor first educated individuals have been allowed and en- at Virginia Theological Seminary and couraged and supported and uplifted Last year, the crisis surged when Penn- then at Oberlin and, I believe, at the and extolled for doing great things. sylvania experienced a 44 percent in- University of Chicago. And it is ridiculous that I should have crease in opioid overdoses. It is just But Vernon Johns studied what? The studied Virginia history, American his- tragic what this does to families and classics and natural law, the Jeffer- tory, and then majored in history in how it steals lives and futures. sonian ideas that liberty was inher- college, grown up less than 100 miles Addressing this unprecedented rate ently a gift to humans, not from a gov- away from where this young woman of opioid-related death means that we ernment, but to be protected thereby. did this amazing thing, and have never must focus on nearly 2.2 million Ameri- And so I like to imagine, and presume heard her name. cans who currently struggle with it is true because I asked Joan Johns, So today, I genuinely and sincerely opioid addiction. No one person can with whom I spoke last, if they ever thank my colleague, and I hope that beat addiction alone, and overcoming discussed these sorts of things with somebody at home somewhere is this epidemic will not only take a com- their Uncle Vernon, and she said, of Google searching Barbara Rose Johns, munitywide effort, but a nationwide ef- course; that someone had to stand up because hers is an amazing story, and fort. and assert these God-given rights in a we stand on the shoulder of such gi- The breadth of this epidemic requires land where they weren’t protected by ants. It is overdue that she be recog- us to respond with a multifaceted ap- the government in accordance to its re- nized for her contribution to our Amer- proach. Congress has engaged many sponsibility. ican family. agencies, including the Department of Who did that? A 16-year-old young Mr. Speaker, I yield back the balance Justice, the Drug Enforcement Admin- woman. of my time. istration, National Institutes of Okay. What was the cost? Well, no f Health, the Centers for Disease Con- different than Patrick Henry, who said: trol, and Customs and Border Protec- ‘‘If this be treason, then make the OPIOID ABUSE ACROSS THE tion, just to name a few, to help com- most of it,’’ quite literally, Barbara NATION bat opioid abuse. Johns had to move away for fear for The SPEAKER pro tempore. Under This crisis has torn apart families. It her life. the Speaker’s announced policy of Jan- has weakened our workforce and over- People think about the civil rights uary 3, 2017, the gentlewoman from extended our healthcare system. As a movement as many things. Many don’t North Carolina (Ms. FOXX) is recog- nation, we must act with a unified ur- realize that well over 1,000 people died, nized for the remainder of the hour as gency to help those who have fallen a lot in civil unrest, but also in things the designee of the majority leader. victim to addiction in every corner of like horrific bombings of churches GENERAL LEAVE the country, and we must not forget based on the color of the skin of the Ms. FOXX. Mr. Speaker, I ask unani- their families who have seen firsthand people who attended them. mous consent that all Members may the crippling effects of this disease day

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.069 H25APPT1 H3566 CONGRESSIONAL RECORD — HOUSE April 25, 2018 in and day out. I know we are not only something closer to home. And so I do on their communities, but they have prepared to do so, but we are prepared very, very much appreciate Chair- been having productive and helpful to win this fight. woman FOXX’s leadership on education conversations with each other about I have had the opportunity to con- and workforce issues, and really appre- possible solutions. vene opioid crisis community ciate her putting this Special Order to- There is no single answer to solving roundtables throughout my congres- gether this evening and leading us as the opioid problem, but if we are to sional districts to hear firsthand from we address what truly is the public bring this deadly chapter to an early families, from healthcare providers, health crisis of our generation. close, we will need collaboration across from law enforcement, from emergency Ms. FOXX. Mr. Speaker, I thank the the aisle, ingenuity, and a uniting com- medical services, from those who are gentleman from Pennsylvania. We all mitment to bringing peace and healing involved in the treatment community, know and appreciate his background to our communities. and the impact is just so significant. and his experience in healthcare and I will once again yield to my col- After coming away from these, I have the wonderful wisdom that he brings to league Mr. THOMPSON for any closing also come to the conclusion, what is us on the Education and the Workforce comments he would like to make. important to focus on really is the sub- Committee, not only on this issue, but Mr. THOMPSON of Pennsylvania. stance abuse behaviors. In one commu- on so many issues facing Americans Mr. Speaker, I appreciate the gentle- nity in Clarion County, the issue at today. woman’s leadership on this. The fact that we had two great hear- one time was opioids, and then it went As the gentleman pointed out, the ings, which were on top of a lot of the to heroin. But when the heroin started health and stability of our commu- work that we have been doing as a Con- to be mixed with other really deadly nities are in serious trouble because of gress, this really is an all-hands-on- drugs and components, and so many opioid abuse across the Nation. deck public health crisis, and we know people died within the user commu- Since 1999, the opioid death toll has that because of the work that we are nity, they moved on to the new—they quadrupled. There are many estimates went actually back to—they want to doing in Education and the Workforce. of how many Americans die in a single This transcends education. It im- Suboxone, which is what we use to day because of opioids, and we are so treat opioid and heroin abuse. And pacts the workforce in a significant sorry to hear of any deaths from way at a time when we have an esti- when the Suboxone—those who were opioids. dispensing that as treatment tightened mated somewhere between 5 and 6 mil- that, the community found that they b 1730 lion jobs available in this country; and now had a crisis, they went to meth. It is heartbreaking that all of those we have increasing job growth, and we So it is so important, as we work on estimates are in the hundreds. These have an aging workforce which is retir- this, we keep a broader perspective of people were fathers and sons, mothers ing, a significant number each and dealing with the substance abuse be- and daughters, neighbors, coworkers, every year. This is an issue that impacts our na- haviors, because the drug of choice will and friends. They were real people in tional security because it takes indi- change, based on economics, based on our communities. viduals out of the workforce not able availability; but this, our goal should I have had families from the Fifth to pass that drug test, not able to be be to increase awareness. Our goal District come to see me to share their should be, acknowledge there is a prob- able to qualify. heartbreaking stories of family mem- This is obviously an all-hands-on- lem, and I think we have done that. bers, often adult children, who have In my work in healthcare and, spe- deck because we see so many different died from opioids. My own heart breaks committees and their members across cifically, I worked in acute psychiatric for them and the pain they are feeling services for a period of time, I know both sides of the aisle who have been for their tragic loss. working on this, the amount of legisla- that until you acknowledge you have a There are newspaper stories and obit- problem, you can’t really deal with it. tion going back. uaries in newspapers reporting on One of the more memorable ones is I think, across the board, in your com- opioid abuse and deaths and its dev- munities, our States, at a local, a the CARA Act, the Comprehensive Ad- astating impact every day. diction and Recovery Act, that was State, and national level, we acknowl- As opioids continue to claim the lives edge we have a problem, and that is an like 16 individual bills—16 or 18, I don’t of Americans in cities and towns across remember exactly how many—that we important first step. the Nation, it is our responsibility to I am proud of what we have done here debated on this floor and we passed on work together to find solutions that in Washington, legislatively and pro- this floor. We rolled it into one pack- will bring relief to American commu- viding funding, but this is an all-hands- age, and it was actually passed by the nities. on-deck problem. It requires preven- Senate, and the President signed it. The Committee on Education and the tion. That is where education is so im- It dealt with things from little un- Workforce has recently held two hear- portant. Prevention, education, treat- born babies who were born addicted, a ings on opioids, and we have learned ment. terrible situation with the suffering of We have to equip our youngest gen- from employers, educators, local lead- those new babies because they were eration with decisionmaking skills, ers, and addiction experts about how born to moms who were active addicts, with discernment, so they have the fil- chronic and rising rates of opioid mis- to veterans that VA physicians—and ters to make better decisions when use and abuse are impacting families, there are some really great VA physi- they are exposed to access, when they schools, workplaces, and communities cians. I don’t want to paint them with are approached by others, when they as a whole. We have heard about how a broad brush. But there were some are preyed upon in terms of those who the epidemic’s societal burden on that were referred to as the candy man push drugs. households and the private sector ex- because they dispensed the pills like We certainly need to equip our med- ceeded $46 billion in 2016. Skittles is what it looked like, and ical professionals to improve how they In schools, many principals attribute their solution to everything was to prescribe, how they dispense medica- a recent decline in attendance to par- medicate, and everything in between. tions, and increase their utilization of ents not getting up and having their Also, providing resources to our local alternative pain management. students attend school because the par- communities so our local communities As a former rehabilitation profes- ents are using drugs and they are not could engage in this, great programs sional, there are some great tools out able to either take the children to that have been around for very long there to help deal with managing pain. school or have them ready to ride a time like the Drug-Free Communities One of the things that, culturally, we bus. moneys that are used by parents and have come to the point where we try to I am pleased to share the floor to- kids and teachers and community lead- eliminate pain, and I think that is night with my colleagues from the ers who come together to deal with and what has pushed us with the opioids Education and the Workforce Com- confront this epidemic in their commu- into the situation that we are in today. mittee, who have not only had hard nities. And we need to equip our commu- conversations with their constituents I have a community up in Erie Coun- nities with evidence-based treatment, about the toll opioid abuse has taken ty, Iroquois School District, and it is a

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.070 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3567 school district that has been dev- have, right now, 6 million unfilled jobs Why has the President not released astated with overdoses. Most of the in this country, and the reasons are his tax returns? children in that school, a middle very many; but some of the reason is Why is he so concerned about the school—and it was heartbreaking—ei- because we have so many people ad- Mueller investigation into the inter- ther had a family member or knew dicted to opioids and other drugs, and ference by the Russians in our elec- someone who had died of an overdose. they are simply unable to pass drug tions? What is it that is being hidden? Some of the stories you hear, and one tests. What are people afraid of? And why that really stands out with me because We hoped, by this graphic here, to il- continue to threaten the FBI, threaten I have talked with this mom who was lustrate that the problem with opioids Mr. Mueller, threaten Mr. Rosenstein, in my congressional district, her son, is very close to all of us at home, very threaten the Department of Justice, unfortunately, had a disease, Crohn’s close to us; and what we are hoping for and, really, the police that are trying disease, and had to go through some is to find ways at the Federal level to to get to the bottom of the interference surgery as a small child and endured get beyond opioids, to help people who by Russia in our elections. that rather well. It worked out well. are addicted have some stability, re- b 1745 But when this young man turned about gain their health, be healed of their ad- 16, 17, 18 years old, he had to go back diction. And so I think we have got to take a and do surgery as a result, and this But this cannot all be done at the look at exactly what has happened so time, the painkillers they gave him he Federal level, and we know that. In far in that investigation. And that in- used basically one time and his life spi- fact, too many people look first to the vestigation with Special Counsel raled out of control. Federal Government for an answer. Mueller has resulted now in the guilty This was an athlete. This was a kid The Federal Government usually is the pleas of Michael Flynn, National Secu- who did so well in school, but his life worst place to come for an answer. It rity Advisor; Rick Gates, former just went into almost a death spiral, usually has to be done at the local Trump campaign adviser; George and he wound up being incarcerated— level, then at the State level, and, last, Papadopoulos, former foreign affairs and all because he wasn’t wired to be the Federal level. adviser to the Trump campaign; Rich- able to handle these painkillers. But I know, as Representative ard Pinedo, a gentleman who com- That is a part of this battle. We need THOMPSON has pointed out, many Mem- mitted identity fraud in the Russian better science. We need better medi- bers—in fact, I believe all Members of probe; and an attorney named Alex van cine so we can determine who can tol- Congress now—are concerned about der Zwaan. erate certain medications and who can- this problem we are facing with Currently under indictment are Paul not, whose life would be transformed in opioids, and we will answer the call to Manafort, former Trump campaign such a negative way by using a pain- do something. My only hope is that we chairman, 13 Russian nationals, and killer one time. But that certainly is put everything into perspective. three Russian entities. all a part of this battle. As we have learned from our hearings Now, why is this important? Con- Mr. Speaker, once again, I thank the and talking to other people, much of gresswoman FOXX was talking about gentlewoman for her leadership on this this work needs to be done in the fam- opioids. That clearly is important. and thank her for hosting this Special ily to start with, in the medical com- Jobs and economic security of this Na- Order tonight. munities, and once people become ad- tion is something that I like to be talk- Ms. FOXX. Mr. Speaker, I thank Con- dicted, then in the local communities ing about, or doing away with the gressman THOMPSON, and I know the as people collaborate, work together to opioid epidemic. But what is important people of his district are well served by help people not become addicted to about this comes down to the very pil- him. I thank him for his service on our opioids, and once they do get off of the lars of America, the pillars of freedom, committee, on the Agriculture Com- addiction, to get back to a normal life. liberty, and independence. mittee, and all that he does to help us I know that all of us pray for those Because if another nation is directing write good legislation and pass good who are addicted and pray that they the outcomes of our election, those key legislation. will find a suitable program to help pieces of who we are are threatened. As Congressman THOMPSON said, un- them become free from opioid addic- We broke away from England to be- fortunately, this problem with opioids tion, and for those who have never become a sovereign nation and not to be affects people at all ages and in all come addicted, to be in a great envi- affected and ruled by some other coun- walks of life, at every income level, ronment so they never seek out drugs try. So at the heart of this, it is about every category of people—male, fe- as an answer, because they are not an who we are as Americans, who we are male, old, young—but we particularly answer. as a country, to get to the bottom of grieve over the young people. Mr. Speaker, I thank my colleague Russian interference in our elections. We have heard about babies becoming for being here tonight, I thank the What they did was unprecedented and addicted because their mothers were staff, and I yield back the balance of is something that is bigger than the addicted and of the work that is done my time. election of 2016, maybe the election of to help those babies become free from f 2018. It is about our ability to govern opioid addiction. ourselves without interference of some- We have heard about the veterans RUSSIAN INTERFERENCE body else, some other nation. who become addicted because of the INVESTIGATION In Congress, we passed an act that treatment that they have received. We The SPEAKER pro tempore. Under provided for additional sanctions know nobody is attempting to get any- the Speaker’s announced policy of Jan- against Russia because it is becoming one addicted to opioids or anything uary 3, 2017, the gentleman from Colo- more and more apparent of their inter- else, for that matter, but we realize rado (Mr. PERLMUTTER) is recognized ference with our elections. But the ad- that over the years, we have had for 60 minutes as the designee of the ministration was reluctant to impose stronger use of these drugs than we minority leader. those sanctions. The question is, why? probably should have had used. Mr. PERLMUTTER. Mr. Speaker, I The Ambassador to the U.N., Nikki There are many ways to approach want to thank my friend Representa- Haley, just recently with respect to pain relief and pain management, and, tive FOXX for bringing up a subject on sanctions said: We are going to in- unfortunately, in the past, too often it opioids that is obviously plaguing so crease sanctions because Russia may has been the path of least resistance. many places in America. It is a very have had some role in Syria with the We do hear over and over the stories topical and important discussion to different chemical weapons that were about young people who suddenly get have. used. addicted because of surgery or an in- I want to change the subject, Mr. And she went out so far as to say, we jury, and it happens sometimes very, Speaker, and talk about a number of are going to impose some additional very quickly. things that really concern me and sanctions, but then had the rug pulled As Representative THOMPSON has many Americans across the country. out from underneath her by the White said, it has a huge impact on jobs. We That concern is: House saying: Oh, wait a second. Even

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.072 H25APPT1 H3568 CONGRESSIONAL RECORD — HOUSE April 25, 2018 though you are somebody I appointed just as they have in other country’s Let me preface my comments, Mr. and you are our U.N. Ambassador, we elections, such as Germany, France, Speaker, by saying that when Presi- think you are way ahead of yourselves and of course repeatedly on the dent Trump was elected, against the on the sanctions against Russia. Ukraine—one would think that the advice and concern of my family, my My question is: Why? What is it that President of the United States would many campaign workers, and sup- is holding the White House back? I say, yes, we must get to the bottom of porters, I attended the swearing in be- think it comes back to something I this. cause I believed—and still believe and said at the very beginning, and some- Instead, this President has not once will always believe—that my responsi- thing we asked for a year ago, which asked his staff—as far as we know, and bility as a Member of Congress was to were the President’s tax returns, which as has been verified by folks like the be at the inauguration as a Member of we have yet to see. Director of the DNI and the Director of Congress. I mean, what is it that is in there the CIA—has not once made it the mis- Then at the first joint session—not that is so worrisome? Every other can- sion of the U.S. to combat this inter- the State of the Union, but the joint didate for President, every other Presi- ference. That is worrying. session—many of my friends and fam- dent turned over their tax returns. We also know now that on two sepa- ily said: You know, do not go. The There is so much smoke here with rate occasions, the President has seri- President is alien to our concept of de- these convictions, with these indict- ously considered firing the special cency and democracy. I came anyway. ments, with what we know in terms of counsel. That is exactly what Presi- I sat not too far from where I am the interference in many States across dent Nixon did in October of 1973, what standing now. has been called the Saturday Night the Nation, that we have got to get to I also then went to the State of the Massacre, that prompted a constitu- the bottom of this. Union. Some of our colleagues chose tional crisis then. It would prompt a The continued threats that have not to come. When there were Articles come from the White House to stall or constitutional crisis today. Now, the President keeps calling the of Impeachment placed on the table for limit the investigation, the ability of a vote, I voted to table it against a per- the law enforcement officers of this Na- Mueller investigation a witch hunt, which is interesting because that is the son I have known in Congress longer tion, the FBI, for goodness’ sake, to do than I have known anybody else be- their job, is something none of us could exact term that President Nixon used. And if you look at headlines from that cause I know he is a decent and have ever expected. thoughtful person, Congressman AL And so even though most of us would day, it was exactly the same term Nixon used. But the President calls it a GREEN. He had brought it to the floor. much rather talk about jobs, we would I voted to table it, along with just rather talk about the environment. We witch hunt and says it hasn’t produced anything. about every Republican and a sizeable would rather be dealing with subjects number of Democrats, and the reason that affect day-to-day Americans, ev- So far, the investigation of the special counsel has produced 17 indict- was, I believed that it was important eryday Americans. The problem is the for Mr. Mueller to complete his inves- values of this Nation are under attack, ments, including 5 guilty pleas—some witch hunt. I don’t think those 17 indi- tigation. the freedom, liberty, and independence viduals under indictment consider that I resent any discussion about trying that we enjoy that is so key to every- a witch hunt and, certainly, the 5 indi- to impeach the President. I am not in thing we believe in that we are not viduals who have already pled guilty, that group. going to let this go. We are going to including one who worked in this I must say, however, how troubled I stand up for the rule of law and for White House. am by many of the things that I have honesty, and for allowing law enforce- So I will pause there, because I know seen. And when I grew up down in ment to finish its job without being there are a number of our colleagues Texas in the 1950s and 1960s, in elemen- constantly threatened. who want to speak on this important tary school at the Booker T. Wash- Mr. Speaker, I am joined by a num- issue. This is something that should ington Elementary School, we had ber of my friends who also have similar unite us all. I am appreciative to those these tests. Back then, there was a concerns to the ones I have raised. I Republican colleagues, especially in great threat from Russia. And eco- would like to yield to my friend Mr. the Senate, who have spoken out pub- nomically, Wichita Falls, where I at- BOYLE from Philadelphia, Pennsyl- licly and say that they support the tended high school, was completely de- vania, the Congressman for that city, Mueller investigation and support the and allow him some time to bring us pendent on Sheppard Air Force Base independence and integrity of it, but it for its survival. his thoughts and raise his concerns. is time that we don’t just say that we Mr. BRENDAN F. BOYLE of Pennsyl- My first job was at the SAC base, the support it. Strategic Air Command. I cleaned up. I vania. Mr. Speaker, I want to thank I do think it is time that we have leg- my colleague from Colorado who has thought it was the biggest job any islation that protects it so that we can human being could get. I was 15 years done such a wonderful job of organizing ensure that this investigation will us, month in and month out, to stand old and, man, I was big time. I cleaned reach its natural conclusion. up the barracks for the SAC Command. here on the House floor, really, more Mr. PERLMUTTER. Mr. Speaker, than anything, in a sincere and gen- and I say to my friend from Pennsyl- And then at school, we had to get uine effort to attempt to prevent a con- vania—we were talking about the in- under our desks for a drill for an at- stitutional crisis from happening. dictments and the guilty pleas—the tack from Russia. And we would hear It is vital—not as Democrats or as last time we really had a special coun- the horn. All over town, schoolkids Republicans, but as Americans—it is sel appointed was in 2003, and it took 2 were getting under their desks. The vital that we allow this special counsel years for one indictment. We are a year truth is, we all would have been burned investigation to continue and to reach into this investigation, and we have up. I am not sure that a wooden desk its natural conclusions, whatever the got 5 guilty pleas and 17 additional in- was going to protect us. But I was a kid facts may show. dictments. So we ought to be all taking and I didn’t know any better, so all of I certainly hope, and I believe, that real stock of what is actually hap- us got under our desks. all of us should hope that it won’t show pening here. But it allowed me to understand one collusion; that it won’t show anything I now yield to my friend from Mis- thing, and I have never forgotten it: At more than what has been reported souri, EMANUEL CLEAVER, one of my that time, Russia, the Soviet Union, about interference in our 2016 elec- best buddies here in the House, former was not our friend. And over that pe- tions. But it is vital to the integrity of mayor of Kansas City, Missouri, for his riod, a lot of things have changed. That our democracy and our national secu- thoughts on this subject. has not changed. rity that we know that for sure. Mr. CLEAVER. Mr. Speaker, I am And so let’s fast forward to our last Now, one would think—given the thankful that we have this moment Presidential election. It is indis- record interference, really attack, from that we are using to make some expres- putable. Every single intelligence the Russian Federation upon the sions of concern, and I thank Mr. PERL- agency in the United States, as well as United States during the 2016 election, MUTTER for organizing it. intelligence agencies with our allies in

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.075 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3569 Europe, say that the Russians inter- mighty has ever blessed to exist, the that. But the Trump administration fered with our election—not attempted greatest Republic in the history of this has taken this notion of executive to do so, but interfered. planet, is going to be in jeopardy. privilege to extreme and absurd b 1800 Mr. PERLMUTTER. Mr. Speaker, I lengths. I think we need to talk about thank my friend from Missouri, and his that. Did they change the outcome of the words, as always, are powerful and Just a little quick historical aside, election? right on the mark. We think this is se- though, on executive privilege. The There is no evidence to support that. rious business and it is nothing that we concept and the limit of executive However, there is plenty of evidence to take lightly. privilege has really only been tested at support that Russia remains the enemy My friend, Mr. HUFFMAN from Cali- the Supreme Court in a pair of Water- of the United States of America. I nec- fornia, is somebody who has given this gate-related lawsuits in the 1970s. This essarily am going to become increas- a lot of thought, and he wonders why came about when the special pros- ingly concerned when the President of the President doesn’t speak out against ecutor sought access to President Nix- the United States refuses to say even Vladimir Putin, he wonders why the on’s secret Oval Office tapes. one bad thing about Vladimir Putin, President hasn’t turned over his tax re- In that case, the court rejected Presi- who is—and I don’t like to call people turns, he wonders why the President dent Nixon’s attempts to quash a judi- names—I don’t call my colleagues bad has attacked the FBI, he wonders why cial subpoena. The unanimous decision names; that is not who I am—this man the President has attacked the Depart- of that court was that the President is a bully and a danger to the entire ment of Justice, just as I do. had to hand over these tape-recorded world. The most troubling moments I have Mr. Speaker, I yield to the gentleman conversations with his closest advisers are when I hear people say, as I did on from California (Mr. HUFFMAN), my about the Watergate break-in. Of TV the other night, they were inter- friend. course, we know that was the begin- Mr. HUFFMAN. Mr. Speaker, I thank viewing a woman and she said: ‘‘I don’t ning of the end of the Nixon Presi- my friend from Colorado for his leader- care anything about Russian meddling. dency. ship and convening these conversa- All I want them to do is just let Mr. So back to the modern era. tions. It was really helpful to hear Over the past year, we have seen nu- Trump have his agenda approved.’’ And from our friend from Missouri, who re- merous Trump officials, and even some I am thinking: What is happening to minds us that this is really a big deal, who never worked in the White House, this Republic? I have five grandchildren, the young- this Russian meddling, and that we refuse to answer questions from Con- est of which just turned three last have to keep pushing to get answers as gress, asserting some variation of this month. My work in Congress, my min- to why our President behaves so executive privilege. In the now-defunct istry in the United Methodist Church strangely when it comes to Russia, and House Intelligence Committee inves- for 37 years, my time on the city coun- we have to hold anyone who may have tigation we have seen it. We have seen cil, my time as mayor, all was dedi- been part of that Russian interference it in the Senate Intelligence Com- cated to what I wanted for my grand- fully accountable. mittee investigation. I will tell Congressman PERLMUTTER children. I want them to enjoy the I think we need to take a look at how that constituents in my district, and I same kind of freedoms that we enjoyed. this is being used or misused. We have Mr. Speaker, anybody who is watch- think a growing number of people seen witnesses, literally on a break ing this and who has even a semblance around this country, are extremely from their testimony, take phone calls of objectivity would have to say some- concerned and growing more and more from the White House, where they get thing is dramatically wrong when the concerned about this dark cloud of cor- instructions about what questions they President will, by Twitter, attack any- ruption over the Trump administra- can answer and which ones they can’t. body and everybody—horses, children, tion; about the possibility of collusion Essentially, President Trump has little animals—anybody he will criti- between the Trump team and a foreign treated the executive privilege as if it cize and call them names, except Vladi- government to affect the 2016 election; is a gag order he can invoke on those mir Putin. Vladimir Putin is the only about the obstruction of justice, the around him. It is sort of like the hush person he will not criticize. This man pattern of lying about even the most money nondisclosure agreements that orchestrated an attempt to damage our basic facts; and just based on what has he has entered into with porn stars and democracy. already come out through the special playmates and all sorts of others to What Putin did—and it was bril- counsel investigation and through the keep embarrassing or damaging infor- liant—I have to say he is a devilish media and, to some extent, through mation out of the public eye. man, but he created a beautiful way of congressional investigations, their A few specific examples of this and doing it. He knew the weaknesses of level of concern is really growing. why it doesn’t hold up. the United States and so he tried to ex- This week, I want to focus on one as- In June 2017, Attorney General Jeff ploit it. And it is still going on. pect of these investigations that we Sessions was testifying before the Sen- For example, just a few weeks ago, have tried to push here in the House ate committee about the firing of one of those Russian bots had a deal on and in the Senate: the issue of privi- James Comey. He refused to answer the internet advising White Americans lege. I am not talking about the kind certain questions, but he did choose to not to go and see the movie Black Pan- of privilege where a billionaire’s son- answer others that he thought were ther. Inside this message online is that in-law gets a job inside the White helpful. He claimed that he was pro- African Americans are attacking white House, even though he has no foreign tecting the right of President Trump to movie-goers. policy experience and can’t get a secu- assert the executive privilege. Now, of course, that didn’t happen, it rity clearance. That is a different kind Well, first of all, Sessions can’t selec- is not even remotely the truth, but of privilege. tively choose when to invoke the privi- Russia understands how to get to us. I want to talk about the issue of ex- lege and when not to. There is this They look at our weaknesses and they ecutive privilege. This is an idea that thing called waiver, and you don’t get attack. We cannot help in that process. Presidential communications need to to cherry-pick the stuff that you think Mr. Mueller needs to complete his in- be kept out of the public eye, even helps you and then invoke the privilege vestigation. I will never support doing when Congress or the courts issue sub- for the stuff that doesn’t. anything legally in this body until Mr. poenas and request that information. But the second point is that the At- Mueller completes his investigation. Presidents have always kind of tried torney General even admitted that he I thank Mr. PERLMUTTER for getting to claim that this type of privilege is does not have the power to claim exec- us together. I think that we have got implied in the Constitution’s separa- utive privilege. He said: ‘‘I am pro- to make the American public conscious tion of powers. It is an argument that tecting the President’s constitutional of what is going on and maybe, more a President might not get as candid right by not giving it away before he importantly, what is not going on. and fulsome advice from his Cabinet has had a chance to weigh in.’’ If we are able to do that, this Repub- and others if all of it was going to be The President hasn’t done that. In lic, the greatest Republic that God Al- publicly disclosed. So I can appreciate fact, the President has yet to assert

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.076 H25APPT1 H3570 CONGRESSIONAL RECORD — HOUSE April 25, 2018 the executive privilege, but he has had forward. The committee declined to to issue more sanctions concerning all of these other folks on a short issue a subpoena, despite the request to Russia’s role in Syria? leash, counting on them to assert the do so from our ranking member, ADAM Why the continued attacks by the ad- privilege. SCHIFF. ministration against our FBI, our chief So then we go to January of 2018. So you may ask in these various situ- and best law enforcement agency? Steve Bannon was testifying in the ations: Why wouldn’t President Trump Why continue to undermine the in- House Intelligence Committee. He only himself simply assert the executive vestigations? agreed to answer 25 specific yes or no privilege? These are serious questions, and they questions that had been drafted by the I think one reason for that is we can can’t be swept under the rug. This is White House. safely say that it makes him look even serious business. It goes to the heart of So, on a bipartisan basis, the com- more guilty. That is hard to do, based the values of this Nation, of freedom mittee issued a subpoena to force on the way he has conducted himself so and independence. We have got a lot of Bannon to answer these questions, but defensively with such a seemingly work to do. I hope there is a bright light shone on all of this and that these he continued to stonewall and the com- guilty state of mind in his tweets and investigations run their full course to mittee never followed through. Again, other public statements, but the asser- why Bannon’s assertions of the privi- see exactly what has happened. tion of the privilege would be a very Mr. Speaker, if my friend from Cali- lege don’t pencil out. clear signal that he is trying to impede fornia would like to close, I would offer In the United States v. Nixon, the legitimate investigations. him that opportunity. Supreme Court made very clear that So he would rather have Bannon and Mr. HUFFMAN. Mr. Speaker, I will public extrajudicial disclosure of a Hicks and Lewandowski and Sessions close on my end but with a bit of a privilege like the executive privilege is stonewall for him, and then count on a question for my colleague: a waiver. So right off the bat you have compliant hyper-partisan Congress not We have talked about how big this is. the problem that Steve Bannon spilled to follow through. That is why we have I think ‘‘sabotage’’ is not too strong a his guts in ‘‘Fire and Fury’’ for the so many unanswered questions and why word for what the Russians did in the whole world to see. He has made public it is so important that you continue to 2016 election. I think anyone who was extrajudicial disclosures of all manner bring us together to talk about this to involved in a criminal conspiracy with of communications involving the Presi- make sure the American people know them to pull that off, certainly there dency on all of these subjects. But he that we are going to keep talking are criminal penalties, violations, pos- has also played this pick-and-choose about it and we are going to keep ask- sibly up to and including treason, that game, much like Attorney General Ses- ing what they are hiding and what they may apply. So we have to get to the sions. Even if he had the privilege to are afraid of. bottom of this. We have to get to the assert for himself, which he doesn’t, it Mr. PERLMUTTER. Mr. Speaker, I truth. just doesn’t hold water. will wrap up here, but I think there is And if Congress won’t do its job be- Now, some of the oversight that one word we ought to change, because cause of partisan reasons and won’t fol- Bannon has been ducking has to do the word doesn’t justify or doesn’t real- low through and hold folks in contempt with the transition period before Don- ly describe what occurred with these when they ignore subpoenas and when ald Trump was even President. Obvi- elections. they refuse to answer questions, we can ously, there is no executive privilege if What occurred with the elections by at least protect the special counsel in- you are not yet the executive. So that the Russians was not meddling. It was vestigation so that that lifelong Re- is another problem. sabotage. That is really what we are publican leading this investigation can When he was asked whether he was talking about. It wasn’t just somebody get the truth out for the American peo- being instructed by the President to in- saying to your mother-in-law: ‘‘Please ple. voke executive privilege, guess what? don’t meddle in my business.’’ This is Mr. Speaker, I guess my question for He refused to answer. Our friends in sabotage. This was an attack. This was Congressman PERLMUTTER is: Given how big this is—and we have never seen the House Intelligence Committee were interference and a violation of our sov- anything like this. We have never seen in such a hurry to shut down their in- ereignty, of our independence, of our all of this evidence that a candidate for vestigation that they did not move to freedom. President—folks at the top of his cam- hold him in contempt of Congress, and So we start with that, and then we paign were involved in these illicit ac- they never followed through on their ask these questions of my friends on subpoena. tivities with a foreign power, this ex- the Republican side: Had the tables tensive sabotaging of our election, and Another example. been turned and this was a Democratic January 2018, Mr. Trump’s former all of the coverup and the obstruction administration, can you imagine what and other problems that are coming to campaign manager, Corey kinds of investigations would be under- Lewandowski, appeared before the light. Given all of that, how will his- way today, what kinds of subpoenas tory judge those who refuse to let the House Intel Committee and surprise, would be issued, and not to allow the surprise, he refused to answer all sorts special counsel get to the bottom of it Intelligence Committee to shut down all so we can all know the truth? of important questions. Since Mr. that investigation when none of the Mr. PERLMUTTER. Mr. Speaker, I Lewandowski never served in the Fed- questions were answered because of hold out hope for all of the Members of eral Government, it would be pretty this innovation of executive privilege this body to want to have the truth and preposterous to assert executive privi- that they don’t hold, because this is allow this investigation to run its lege as a way to evade Congress’ ques- much bigger than all of us. course. And I hope and expect that the tions. But it is up to the majority in b 1815 Members—Democrats and Repub- Congress to actually force him to an- licans—will support and protect the swer these questions. Representative CLEAVER talked special counsel, the Department of Jus- Again, Mr. Trump is onto, appar- about the fact that Russia is inter- tice, and the FBI so that the lawyers ently, a winning strategy in this Con- fering, all around the world. They are and the cops on the beat can finish this gress. He instructs others not to an- not our friends. I would love to see investigation. And that is what is key. swer questions, suggests they should something develop where there really So I hope that it turns out that there assert the privilege, or some variation is some kind of an alliance, but we defi- isn’t anything else, that it is 5 guilty of it, and then counts on a compliant nitely don’t have that now. pleas, it is 17 indictments, and that is majority in this House and in the Sen- There are a lot of questions: it; we are done. But I don’t expect that ate to simply not follow through. Where are the tax returns? to be the case either. Something similar happened in Feb- Why haven’t they been presented to Mr. Speaker, I yield back the balance ruary 2018. Hope Hicks, the White the Congress? of my time. House communications director, was Why are we not fulfilling the law The SPEAKER pro tempore (Mr. testifying before the House Intel- that we passed on sanctions? TAYLOR). Members are reminded to re- ligence Committee and would not dis- Why are we holding back even frain from engaging in personalities to- cuss anything from the inauguration though Nikki Haley said we are going ward the President.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.078 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3571 GENOCIDE AWARENESS AND flicts. Last April, I introduced the Elie cause no one knows what is happening. PREVENTION MONTH Wiesel Genocide and Atrocities Preven- Many, many people warned us for years The SPEAKER pro tempore. Under tion Act to improve U.S. efforts to pre- about the potential for genocide the Speaker’s announced policy of Jan- vent mass-atrocity crimes, named after against the Rohingya in Burma. The problem is that we have not been uary 3, 2017, the Chair recognizes the the courageous Auschwitz survivor. very good at turning knowledge and gentlewoman from Missouri (Mrs. WAG- The legislation honors the legacy of moral indignation into action to pre- NER) for 30 minutes. Nobel laureate Elie Wiesel and his life work to fight evil around the world. vent a bad situation from worsening. GENERAL LEAVE Mr. Wiesel was just 15 years old when We must do better. We must do more. Mrs. WAGNER. Mr. Speaker, I ask the Nazis deported him and his family This year, in the Tom Lantos Human unanimous consent that all Members to Auschwitz. He was the only member Rights Commission, which I co-chair may have 5 legislative days in which to of his family to survive. Having wit- along with my colleague Congressman revise and extend their remarks and to nessed the near total destruction of his RANDY HULTGREN, we are looking at include extraneous material on the people, he spent his life defending the the tools we have as U.S. policymakers subject of my Special Order. persecuted. In his honor, we fight to to prevent mass atrocities and asking The SPEAKER pro tempore. Is there rectify injustice and protect the most how we can strengthen them. objection to the request of the gentle- vulnerable in our society and across We are asking what it would mean to woman from Missouri? the globe. institutionalize an atrocity preven- There was no objection. As Mr. Wiesel understood so well, the tion’s lens so we don’t wait until it is Mrs. WAGNER. Mr. Speaker, I rise in true horror of genocide is that it is pre- so late and the problem is so big that honor of Genocide Awareness and Pre- ventable, and the U.S. Government has all we can do is lament the immorality vention Month. Today we remember the tools to effect real change. The Elie and the inhumanity and then provide the millions of victims of genocide Wiesel Act would affirm the mission of humanitarian aid to the victims and throughout history, and we recommit the United States Atrocities Preven- survivors. As we undertake this effort, to working toward the day when geno- tion Board and its work to coordinate we know that there is a lot of good cide and mass-atrocity crimes are not prevention and response efforts. It work already underway in both Cham- only inconceivable, Mr. Speaker, but would also authorize the Complex Cri- bers of Congress and on both sides of they are nonexistent. sis Fund to support agile, efficient re- the aisle to find new ways forward. One example is H.R. 3030, the Elie April marks the commemorations of sponses to unforeseen crises overseas. some of the worst genocides in history, This time, when America says ‘‘never Wiesel Genocide and Atrocities Preven- including the Holocaust and Rwandan, again,’’ our actions will reinforce our tion Act of 2017, led by Representative ANN WAGNER and cosponsored by both Cambodian, and Armenian genocides. platitudes and our words. I thank the myself and Representative HULTGREN. Time and again, senseless bloodshed Chair, Mr. Speaker, and I thank all of We also recognize that government of- has ended innocent lives and fractured my colleagues who share in this fight. families and livelihoods. Mr. Speaker, I yield to the gentleman ficials cannot do this work alone. We need civil society, in all its diversity, My hometown, St. Louis, is home to from Massachusetts (Mr. MCGOVERN). to help us. We need community asso- the largest Bosnian community outside Mr. MCGOVERN. Mr. Speaker, I want of Bosnia and Herzegovina. This com- to thank my colleague, the gentle- ciations, churches, synagogues, munity has shaped what the city looks woman from Missouri, for her leader- mosques, schools, and businesses to and feels like. It has added great cul- ship. I am honored to join her and take a stand against hate speech, to tural diversity to the city, immense in- other distinguished colleagues this teach and live tolerance, to document and denounce human rights violations, tellectual capital, thriving small busi- evening in recognition of Genocide to open their hearts to reconciliation nesses, and a strong religious presence. Awareness and Prevention Month. Two decades ago, members of our Preventing genocide and mass atroc- based on justice. We need to get to the Bosnian community were refugees. In ities is a moral imperative that de- point where our societies recognize and 1995, Orthodox Serbs, under the com- serves to be at the very top of our pri- honor every person’s innate human dignity. mand of General Ratko Mladic, initi- ority list. Mass atrocities are large- And I want to take this opportunity ated a horrific ethnic cleansing cam- scale, deliberate attacks against civil- paign against majority Muslim to salute one of the many organiza- ian populations. They include genocide tions that are doing just this kind of Bosniaks. The escalating bloodshed but also crimes against humanity, war work. STAND is a student-led move- forced 130,000 Bosnian refugees to seek crimes, and ethnic cleansing. ment to end mass atrocities and geno- new lives in the United States. Thou- After the Holocaust—the systematic, cide by organizing and educating their sands were murdered in Srebrenica. bureaucratic, state-sponsored persecu- peers and communities. I first met stu- Today I wish to honor these brave men tion and murder of 6 million Jews and dent leaders of STAND in 2005 and 2006, and women. members of other persecuted groups by when they were part of the national The resilience of our Bosnian neigh- the Nazi regime and its collaborators movement that brought the genocide bors has enriched our city, and their between 1941 and 1945—people all happening in Darfur, Sudan, to public courage inspires me. It has inspired me around the world vowed to never again awareness. They were my teachers dur- to seek change. Tomorrow I am offer- stand by in the face of genocide; but ing that time. ing an amendment to the State Depart- since then, mass atrocities, including Tonight, representatives of STAND ment Authorization Act of 2018 asking genocide, have been committed in In- are here listening to this debate. They the administration to study countries donesia, Cambodia, Guatemala, East push us to do better, and I thank them at risk of genocide and mass-atrocity Timor, the former Yugoslavia, Rwanda, for their commitment and their vision. crimes and craft training regimens for Sudan, and South Sudan, among other Mr. Speaker, mass atrocities are U.S. Foreign Service officers. places. Hundreds of thousands of people human rights violations on a grand Should this bill become law, Amer- have been murdered, tortured, dis- scale. We must find new strategies to ica’s diplomats will have the know-how appeared, or suffered sexual violence; prevent them from happening and more to respond to those conflicts on the and millions more have been forced to effective strategies to interrupt and ground and act before violence spirals flee with profound humanitarian, polit- stop them at the very earliest stages, out of control. Most importantly, this ical, and national security con- should they begin to unfold. amendment establishes that the offi- sequences. Mr. Speaker, all of us in this Cham- cial policy of the United States of I don’t believe the world’s failure to ber, all of us in this country, need to do America is to regard the prevention of prevent atrocities is because no one more, because I believe, if the United genocide and atrocity crimes as a core cares. In this era of instant commu- States of America stands for anything, national security interest. nication powered by social media, most we stand for human rights. We need to However, this is just one step in the people I meet have seen and passion- be better. We need to be more effective right direction. The U.S. Government ately condemn the ongoing atrocities in preventing these mass atrocities and must improve how it responds to con- in Syria and elsewhere. Nor is it be- these genocides.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.080 H25APPT1 H3572 CONGRESSIONAL RECORD — HOUSE April 25, 2018 So I am very proud to stand with my other parts of human history. They region, and we are grateful to them. colleagues in these efforts. I want to were also victims during the Nazi inva- And we are also grateful to the Bosnian thank the gentlewoman from Missouri sion, as well, during World War II. community for the decision to have so for her incredible leadership, and I am I had the lucky opportunity to grad- many wonderful Bosnian families visit honored to participate in this Special uate from college and work as a foreign our city and now remain as citizens. Order with her. correspondent in the Press and Cul- They provided the same ingenuity and Mrs. WAGNER. Mr. Speaker, I thank tural Office of the former Yugoslav the entrepreneurship and the vibrancy the gentleman from Massachusetts Consulate in New York. I also worked, and the creativity that I remembered (Mr. MCGOVERN) for his outstanding at that time, alongside with ABC during my days of studying this very words and his support, his support and Sports during the Winter Olympics special part of the world. that of Representative RANDY held in Sarajevo in 1984. I am especially grateful to them for HULTGREN on sponsoring and cospon- The war in Yugoslavia was a tragic enabling me to sustain the bond that soring with me my piece of legislation, saga in the history of human experi- developed between me, my family, who the Elie Wiesel Genocide and Atroc- ence, especially for me, with my long have all traveled to that part of the ities Prevention Act. history and love of the country and the world, and this amazing group of peo- This truly is an issue that is not just people who inhabited this part of ple for the past 37 years of my life. It about human rights and giving voice to world. has become almost a vocation for me, the voiceless and speaking for the most I worked with people from the con- just my study of Serbo-Croatian and vulnerable in our society; it is about sulate, from all the republics and au- my study of this region. human dignity across our globe. tonomous provinces from the former As we mark these tragedies of the Yugoslavia. It just seemed unthinkable b 1830 past, we must not overlook what is to me that this human genocide could taking place in the present. I just want It is about the U.S. responding to occur in a region of the world which to mention a little bit about my city, these conflicts in the way that only we had experienced many occupying forces Utica, New York. can and should do and provide the kind due to its very unique, very important It has been recognized as one of the of moral authority and support to do so geopolitical, strategic location in the friendly cities to refugees. The Utica through both our Congress and through world. City School District now has over 42 our foreign service officers and others Yugoslavia was always known as the languages spoken, and so we have a who are working across the globe. So I gateway between East and West, the number of people coming from war- thank the gentleman for his fine words. place where you could get from Europe torn areas where, very graciously and I now yield to the gentlewoman from through Yugoslavia to, eventually, the also very generously, our communities New York (Ms. TENNEY). Middle East along the Mediterranean. have accepted them and provided them Ms. TENNEY. Mr. Speaker, I thank This region had diverse culture, reli- a home. Congresswoman ANN WAGNER for yield- gion, and people from all parts of Eu- I want to just highlight one of the ing. She is a wonderful inspiration to rope and the Middle East, and the communities that is in our region as me as a new Member. world all united together for centuries, well, and those are the people from I also want to thank Congressman actually, living alongside each other Myanmar, where over 700,000 Rohingya MCGOVERN for his comments. with different values. Certainly, they people have fled the Rakhine State in This is really important that she is had their differences. the face of expulsions and violent per- hosting tonight’s Special Order on But sadly, unfortunately, after all secution at the hands of government genocide awareness and prevention. this history of unrest, the war in Yugo- forces. During the month of April, we joined slavia eventually elicited the worst in In Syria, Bashar al-Assad’s military together to honor victims and sur- humankind and was witness to one of butchers its own citizens and uses vivors to educate the public about the most horrific genocides in our gen- chemical weapons without regard for genocide—it is hard to believe it is hap- eration against Bosnian citizens. international law. pening in our time—and to advocate To the Bosnian community, April, Under this dark cloud of atrocities for the prevention of future atrocities. again, marks 26 years since the begin- and massive human rights violations, In the past 150 years, tens of millions ning of the siege in Sarajevo, Bosnia. both present and past, I just want to of men, women, and children have lost The horrific period of violence lasted join with my colleagues today in re- their lives during brutal genocides and for over 31⁄2 years and was the longest membering these and remembering to mass atrocities. Millions have been siege in modern warfare. All told, over ensure that these lessons are never for- tortured, raped, and forced from their 10,000 people, including 1,500 children, gotten, but more important, if we homes. Some of the darkest moments were killed in Sarajevo during the could only make sure they are never in world history have occurred, oddly siege. repeated. enough, in the month of April. In 1995, the worst massacre within I sincerely thank my colleague, Con- In April 1933, the Nazi Party began Europe since World War II took place. gresswoman ANN WAGNER, for her great its boycott of Jewish-owned businesses. The Srebrenica massacre killed more leadership on this issue, her tenacity This marked the beginning of a cam- than 8,000 Bosnian boys and men during and her courage and her continued paign of hatred that led to the murder the Bosnian War. fight to try to help these people who of 6 million Jews. In addition to these horrific killings, are the most needy, who have just been My district is home to thousands of more than 20,000 civilians were expelled victimized in our society and across refugees from the former Yugoslavia. I from the area. Many of these Bosnian our country and our world. I thank her have a long history with Yugoslavia. I refugees immigrated to my region. We for including me tonight. began my study of the country of are thrilled to have them. It is very special for me to especially Yugoslavia in 1981 when I first partici- It is just worth noting that my son recognize the Bosnians. It has been pated as a student, a college student was actually a student in the after- such a long part of my history, and my from Colgate University, in a semester school program at the Jewish Commu- heart and my sympathy go to these abroad, and we traveled throughout the nity Center in my area. The Jewish wonderful people who suffered unfairly. entire Yugoslavia and all the different Community Center was actually in- I just want to say thank you again to principalities and republics. It was a strumental in helping to find safe ref- Mrs. WAGNER for her great leadership spectacular and beautiful country, and uge in our community for these Bos- on this issue. it sparked a lifelong interest for me in nian Muslims who were suffering from Mrs. WAGNER. Mr. Speaker, I thank this region. this unconscionable genocide and the gentlewoman for her kind words. I completely fell in love with the atrocities against them. The gentlewoman from New York country and was fascinated by the peo- I think it was the solidarity and the (Ms. TENNEY) is also a leader in this ple who were there who survived con- sympathy and the understanding, the cause and this effort that is really quests, whether it was from the Otto- true understanding of genocide that about, as we said, human dignity and man Empire to being part of so many our Jewish citizens recognized in our human rights across this world.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.082 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3573 We want a day when no longer are and injuries. These atrocities have partisan level, Mr. Speaker, continue these refugees suffering, whether it is been confirmed by many people who to hope and, more importantly, to in Syria. On the day that President had no ax to grind here or anything, So work towards a time when America Macron addressed a joint session here this is something that the world must says, ‘‘Never again,’’ and our actions in this very Chamber, the President of see and must believe. reinforce our words. the People’s Republic of France, that In addition, hundreds of villages have Mr. Speaker, I thank my colleagues stood with the United States, along been burned and others have been sim- for coming out. I thank those advo- with the United Kingdom, in the bomb- ply bulldozed in a clear attempt to pre- cates on the Friends Committee on Na- ings against Syria that were targeted vent the Rohingya from ever returning. tional Legislation’s stand. Together we against those who had been barrel- Together, these heinous acts are a de- remember the Carl Wilkens Fellowship bombed and victimized and murdered liberate attempt to irreparably harm and so many others that stand with the by the Assad regime in Syria. the Rohingya. This is absolutely geno- victims of genocide and mass atroc- We share a common bond with the cide. ities. It is an honor to be with my col- Bosnian community. We both have Together with Mr. ENGEL and Mr. leagues here tonight and with the ad- very large Bosnian communities, many CROWLEY, our colleagues here in the vocacy groups that stand for the mil- of whom started out as refugees some House, I have helped to lead the lions that say, ‘‘Never again.’’ 20 years ago. Now, as I said, the cul- House’s efforts to address this crisis. Mr. Speaker, I yield back the balance tural diversity, the business, the reli- With our passage of H. Con. Res 90, the of my time. House unequivocally condemned the gious presence has been just wonderful f to see flourish in a district like Mis- Burmese military’s atrocious actions, souri’s Second Congressional District, but more serious action is still needed. ENROLLED BILL SIGNED so I recognize the common bond that Burma’s constitution allows the Bur- Karen L. Haas, Clerk of the House, we have there. mese military to control much of the reported and found truly enrolled a bill I thank Ms. TENNEY for participating government, and civilian leadership of the House of the following title, in this Special Order that goes to the has taken virtually no real steps to ad- which was thereupon signed by the heart of genocide and mass atrocities dress this violence. That is why I Speaker: joined again with Mr. ENGEL and Mr. across our globe. I know that the peo- H.R. 4300. To authorize Pacific Historic ple of Ms. TENNEY’s district in New CROWLEY to introduce the BURMA Act, Parks to establish a commemorative display York are also appreciative of all she which applies tough, targeted sanc- to honor members of the United States does there to represent them and those tions on the individuals involved in Armed Forces who served in the Pacific The- who are the most vulnerable in our so- leading this genocide. I urge my col- ater of World War II, and for other purposes. ciety, so I thank the gentlewoman leagues to cosponsor this legislation f from New York. and then, ultimately, of course, to vote I now yield to the gentleman from for it when the time comes. BILL PRESENTED TO THE Ohio (Mr. CHABOT). As we remember the victims of all PRESIDENT Mr. CHABOT. Mr. Speaker, I thank genocides this month, we must work to Karen L. Haas, Clerk of the House, the gentlewoman from Missouri for adequately address one which is unfold- reported that on April 25, 2018, she pre- yielding. ing right before our eyes, right before sented to the President of the United It is Genocide Awareness and Preven- the world’s eyes right now. So, again, I States, for his approval, the following tion Month, and the gentlewoman from want to thank the gentlewoman from bill: Missouri (Mrs. WAGNER) has been a Missouri for calling this particular ac- H.R. 4300. To authorize Pacific Historic leader in speaking out on this critical tion to the attention of our colleagues Parks to establish a commemorative display issue for many years now, and we ap- and the attention of the world, but also to honor members of the United States preciate her leadership on that. other genocides and other atrocities Armed Forces who served in the Pacific The- As a senior member of the House For- that have occurred across the globe. ater of World War II, and for other purposes. eign Affairs Committee, I have had the She is truly a leader, and we are lucky f opportunity to advocate for global to have her doing that in Congress on human rights issues for many years. an everyday basis, but also, in par- ADJOURNMENT Tonight, I want to condemn a genocide ticular, this evening. Mrs. WAGNER. Mr. Speaker, I move that has been happening before our Mrs. WAGNER. Mr. Speaker, I thank that the House do now adjourn. eyes: the genocide against the the gentleman from Ohio (Mr. CHABOT) The motion was agreed to; accord- Rohingya in Rakhine State, Burma. for his kind words. He is a leader and a ingly (at 6 o’clock and 45 minutes Last September, the Burmese mili- senior member of our House Foreign p.m.), under its previous order, the tary began a so-called clearing oper- Affairs Committee, and I also have the House adjourned until tomorrow, ation, allegedly in response to some in- privilege of serving on it. Thursday, April 26, 2018, at 10 a.m. for surgent attacks. In reality, this was It is an honor to have Congressman morning-hour debate. just an excuse for a massive and bar- CHABOT here at this Special Order dur- baric campaign to forcibly remove the ing Genocide Awareness and Preven- f Rohingya from Burma altogether and tion Month to give voice to those mil- EXECUTIVE COMMUNICATIONS, erase their memory from the Rakhine lions of victims and to say we live for ETC. State once and for all, resulting in over a time when this is nonexistent in soci- Under clause 2 of rule XIV, executive 700,000 Rohingya, many of whom are ety. communications were taken from the children, fleeing Burma for Ban- I look forward, Mr. Speaker, tomor- Speaker’s table and referred as follows: gladesh. This has needlessly left Ban- row, to offering my amendment to the gladesh and the world with one of the State Department Authorization Act of 4680. A letter from the General Counsel, Government Accountability Office, trans- worst humanitarian crises that the 2018, asking the administration to mitting a letter reporting violations of the world faces today. study countries at risk of genocide and Antideficiency Act by the Department of While these numbers are truly shock- mass atrocity crimes and crafting the Justice’s Bureau of Alcohol, Tobacco, Fire- ing, as we learn more about the crimes kind of training regimens for U.S. for- arms and Explosives, pursuant to 31 U.S.C. committed by the Burmese military, eign service officers that are so very 1351; Public Law 97-258; (96 Stat. 926) and 31 there can be no doubt that this is, in important. U.S.C. 1517(b); Public Law 110-161, Sec. fact, genocide. I look forward to the time when my 1517(b); (121 Stat. 2285); to the Committee on When the Rohingya arrived in Ban- piece of legislation, the Elie Wiesel Appropriations. gladesh, they told story after story of Genocide and Atrocities Prevention 4681. A letter from the Director, Office of Legislative Affairs, Legal, Federal Deposit the crimes that they had witnessed and Act, will, Mr. Speaker, be signed into Insurance Corporation, transmitting the that they had personally suffered: law. It will improve the U.S. efforts to Corporation’s final rule — Removal of Trans- widespread killings, mass graves, prevent mass atrocity crimes, and I ferred OTS Regulations Regarding Consumer rapes, and other unspeakable horrors think we all, in this Chamber, on a bi- Protection in Sales of Insurance (RIN: 3064-

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.084 H25APPT1 H3574 CONGRESSIONAL RECORD — HOUSE April 25, 2018 AE49) received April 24, 2018, pursuant to 5 Federal Reserve Act to ensure transparency expenditures supporting foreign military and U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. in the conduct of monetary policy, and for terrorist activities, and for other purposes; 251; (110 Stat. 868); to the Committee on Fi- other purposes (Rept. 115–652). Referred to to the Committee on Foreign Affairs. nancial Services. the Committee of the Whole House on the By Mr. YODER (for himself and Mr. 4682. A letter from the Program Specialist, state of the Union. CLEAVER): LRAD, Office of the Comptroller of the Cur- Mr. CHABOT: Committee on Small Busi- H.R. 5613. A bill to designate the Quindaro rency, Department of the Treasury, trans- ness. H.R. 3170. A bill to amend the Small Townsite in Kansas City, Kansas, as a Na- mitting the Department’s final rule — Real Business Act to require cyber certification tional Historic Landmark, and for other pur- Estate Appraisals [Docket No.: OCC-2017- for small business development center coun- poses; to the Committee on Natural Re- 0011] (RIN: 1557-AE18) received April 24, 2018, selors, and for other purposes (Rept. 115–653). sources. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Referred to the Committee of the Whole By Mr. BUDD: 104-121, Sec. 251; (110 Stat. 868); to the Com- House on the state of the Union. H.R. 5614. A bill to increase transparency mittee on Financial Services. Mr. CHABOT: Committee on Small Busi- of the Public Company Accounting Oversight 4683. A letter from the Director, Regula- ness. H.R. 4668. A bill to amend the Small Board and the Municipal Securities Rule- tions Policy and Management Staff, FDA, Business Act to provide for the establish- making Board; to the Committee on Finan- Department of Health and Human Services, cial Services. ment of an enhanced cybersecurity assist- ´ transmitting the Department’s final rule — ance and protections for small businesses, By Mr. CARDENAS (for himself and Good Guidance Practices; Technical Amend- and for other purposes; with an amendment Mr. LOWENTHAL): H.R. 5615. A bill to provide for the study ment [Docket No.: FDA-2018-N-1097] received (Rept. 115–654). Referred to the Committee of and evaluation of net metering, and for other April 24, 2018, pursuant to 5 U.S.C. the Whole House on the state of the Union. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 purposes; to the Committee on Energy and Stat. 868); to the Committee on Energy and f Commerce. By Ms. CLARKE of New York (for her- Commerce. PUBLIC BILLS AND RESOLUTIONS 4684. A letter from the Director, Regula- self, Mr. RUSH, Mr. BUTTERFIELD, and tions Policy and Management Staff, FDA, Under clause 2 of rule XII, public Ms. KELLY of Illinois): Department of Health and Human Services, bills and resolutions of the following H.R. 5616. A bill to require the National In- transmitting the Department’s final rule — titles were introduced and severally re- stitute of Minority Health and Health Dis- parities to submit to Congress a report on Revision of Organization; Technical Amend- ferred, as follows: ment [Docket No.: FDA-2018-N-0011] received the impact of the opioid epidemic on minor- By Mr. ELLISON (for himself, Mr. April 24, 2018, pursuant to 5 U.S.C. ity communities; to the Committee on En- KHANNA, Mr. CARTWRIGHT, Mr. CAPU- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ergy and Commerce, and in addition to the ANO, Mr. HUFFMAN, Ms. WASSERMAN Committee on Ways and Means, for a period Stat. 868); to the Committee on Energy and SCHULTZ, Ms. NORTON, Ms. MOORE, to be subsequently determined by the Speak- Commerce. 4685. A letter from the Assistant Secretary, Mr. POCAN, Mr. BROWN of Maryland, er, in each case for consideration of such pro- ´ Legislative Affairs, Department of State, Mrs. BUSTOS, Ms. VELAZQUEZ, Mrs. visions as fall within the jurisdiction of the ´ transmitting the Department’s report on LAWRENCE, Ms. BARRAGAN, Mr. committee concerned. progress toward a negotiated solution of the MCGOVERN, Ms. MENG, Ms. GABBARD, By Mr. DONOVAN (for himself, Mr. Cyprus question, covering the period June 1, Mr. JOHNSON of Georgia, Ms. SCHA- BIGGS, Mr. BUCK, Mr. LAMALFA, Mr. 2017 through July 31, 2017, pursuant to 22 KOWSKY, Mr. KILDEE, Mr. WELCH, Mr. PERRY, and Mr. BARLETTA): H.R. 5617. A bill to prohibit sanctuary ju- U.S.C. 2373(d); Public Law 87-195, Sec. CARBAJAL, Ms. LOFGREN, Ms. MCCOL- risdictions from receiving Federal funds 620C(d); (92 Stat. 739); to the Committee on LUM, Mrs. WATSON COLEMAN, Ms. under the State Criminal Alien Assistance Foreign Affairs. JAYAPAL, Mr. ESPAILLAT, Mr. YAR- Program, and for other purposes; to the 4686. A letter from the Assistant Legal Ad- MUTH, Mrs. CAROLYN B. MALONEY of Committee on the Judiciary. viser, Office of Treaty Affairs, Department of New York, Mr. NADLER, Ms. SHEA- By Mr. FASO (for himself and Mr. GON- State, transmitting reports concerning PORTER, Mr. RASKIN, Mr. ZALEZ of Texas): international agreements other than treaties DESAULNIER, Mr. GRIJALVA, Mr. QUIGLEY, Mr. BEN RAY LUJA´ N of New H.R. 5618. A bill to exempt properties lo- entered into by the United States to be cated in flood hazard areas that are partici- transmitted to the Congress within the Mexico, and Mr. CARSON of Indiana): H.R. 5609. A bill to establish a trust fund to pating in an approved buy-out program from sixty-day period specified in the Case-Za- the mandatory purchase requirement under blocki Act, pursuant to 1 U.S.C. 112b(a); Pub- provide for adequate funding for water and sewer infrastructure, and for other purposes; the National Flood Insurance Program, and lic Law 92-403, Sec. 1(a) (as amended by Pub- for other purposes; to the Committee on Fi- lic Law 108-458, Sec. 7121(b)); (118 Stat. 3807); to the Committee on Transportation and In- frastructure, and in addition to the Commit- nancial Services. to the Committee on Foreign Affairs. By Mr. O’ROURKE (for himself and Ms. 4687. A letter from the Director, Office of tees on Energy and Commerce, Ways and STEFANIK): Personnel Management, transmitting the Of- Means, and Agriculture, for a period to be subsequently determined by the Speaker, in H.R. 5619. A bill to provide emergency fice’s FY 2017 No FEAR Act report, pursuant funding for port of entry personnel and infra- each case for consideration of such provi- to 5 U.S.C. 2301 note; Public Law 107-174, structure, and for other purposes; to the sions as fall within the jurisdiction of the 203(a) (as amended by Public Law 109-435, Committee on Homeland Security, and in ad- committee concerned. Sec. 604(f)); (120 Stat. 3242); to the Committee dition to the Committees on Ways and By Mr. KNIGHT (for himself, Mr. FOS- on Oversight and Government Reform. Means, and Appropriations, for a period to be TER, Mr. TAKANO, Mr. WELCH, Mr. 4688. A letter from the Federal Register Li- subsequently determined by the Speaker, in CURBELO of Florida, Mr. COSTELLO of aison/Regulatory Specialist, Office of Nat- each case for consideration of such provi- Pennsylvania, Mr. PAYNE, Mr. CAL- ural Resources Revenue, Department of the sions as fall within the jurisdiction of the VERT, Ms. KAPTUR, Mrs. MIMI WAL- Interior, transmitting the Department’s committee concerned. TERS of California, Mr. MICHAEL F. final rule — Inflation Adjustments to Civil By Mr. PANETTA (for himself and Mr. DOYLE of Pennsylvania, Mr. MCNER- Monetary Penalty Rates for Calendar Year THOMPSON of California): 2018 [Docket No.: ONRR-2017-0003; DS63644000 NEY, and Ms. HERRERA BEUTLER): H.R. 5620. A bill to direct the Attorney DR2PS0000.CH7000 189D0102R2] (RIN: 1012- H.R. 5610. A bill to amend the United General to make grants to States to develop AA23) received April 24, 2018, pursuant to 5 States Energy Storage Competitiveness Act systems to retrieve firearms from armed pro- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. of 2007 to direct the Secretary of Energy to hibited persons; to the Committee on the Ju- 251; (110 Stat. 868); to the Committee on the establish new goals for the Department of diciary. Judiciary. Energy relating to energy storage and to By Mr. SMITH of New Jersey (for him- carry out certain demonstration projects re- f self, Mrs. COMSTOCK, Mr. SHERMAN, lating to energy storage; to the Committee Ms. ROS-LEHTINEN, Ms. LOFGREN, and REPORTS OF COMMITTEES ON on Science, Space, and Technology. Mr. LOWENTHAL): PUBLIC BILLS AND RESOLUTIONS By Mr. DEFAZIO: H.R. 5621. A bill to advance United States Under clause 2 of rule XIII, reports of H.R. 5611. A bill to prohibit the importa- national interests by prioritizing the protection into the United States of paper products committees were delivered to the Clerk tion of internationally-recognized human that are not manufactured in accordance rights and development of the rule of law in for printing and reference to the proper with requirements that are at least as strin- relations between the United States and calendar, as follows: gent as the requirements under the Clean Air Vietnam, and for other purposes; to the Com- Mr. GOODLATTE: Committee on the Judi- Act and the Federal Water Pollution Control mittee on Foreign Affairs. ciary. H.R. 5447. A bill to modernize copy- Act; to the Committee on Ways and Means. By Mr. TURNER (for himself and Ms. right law, and for other purposes (Rept. 115– By Mr. LIPINSKI (for himself and Mr. TSONGAS): 651). Referred to the Committee of the Whole ROSKAM): H.R. 5622. A bill to improve the ability of House on the state of the Union. H.R. 5612. A bill to require the Secretary of the Department of Defense to address sexual Mr. HENSARLING: Committee on Finan- State, in coordination with the Director of offenses, and for other purposes; to the Com- cial Services. H.R. 4270. A bill to amend the National Intelligence, to report on Iranian mittee on Armed Services.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\L25AP7.000 H25APPT1 April 25, 2018 CONGRESSIONAL RECORD — HOUSE H3575 By Mr. HARPER (for himself and Mr. Constitution in the Government of the Article I, Section 8, Clause 18 BRADY of Pennsylvania): United States, or in any Department or Offi- By Mr. TURNER: H. Con. Res. 118. Concurrent resolution au- cer thereof. H.R. 5622. thorizing the printing of ‘‘United States Cap- By Mr. KNIGHT: Congress has the power to enact this legis- itol Grounds: Landscape Architect Frederick H.R. 5610. lation pursuant to the following: Law Olmstead’s Design for Democracy’’ as a Congress has the power to enact this legis- Military Regulation: Article I, Section 8, House document; to the Committee on House lation pursuant to the following: Clauses 14 and 18 Administration. Article I, Section 8, Clause 18 To make Rules for the Government and By Mr. WOODALL: By Mr. DEFAZIO: Regulation of the land and naval Forces; and H. Res. 844. A resolution electing a Member H.R. 5611. To make all Laws which shall be necessary to a certain standing committee of the Congress has the power to enact this legis- and proper for carrying into Execution the House of Representatives; considered and lation pursuant to the following: foregoing Powers, and all other Powers vest- agreed to. Article I, Section 8, Clause 18 (relating to ed by this Constitution in the Government of By Mr. CASTRO of Texas (for himself, the power to make all laws necessary and the United States or in any Department or Ms. MICHELLE LUJAN GRISHAM of New proper for carrying out the powers vested in Officer thereof. Mexico, Mrs. NAPOLITANO, Mr. Congress) By Mr. BRADY of Pennsylvania: CORREA, Mr. GRIJALVA, Mr. By Mr. LIPINSKI: H.R. 5623. ESPAILLAT, Mr. SOTO, Ms. SA´ NCHEZ, H.R. 5612. Congress has the power to enact this legis- and Ms. BARRAGA´ N): Congress has the power to enact this legislation pursuant to the following: H. Res. 845. A resolution recognizing April lation pursuant to the following: Article I, section 8, clause 4 of the Con- 30, 2018, as ‘‘El Dı´a de Los Nin˜ os-Celebrating Article I, Section 8 of the U.S. Constitu- stitution provides that Congress shall have Young Americans’’; to the Committee on tion power to ‘‘establish an uniform Rule of Natu- Oversight and Government Reform. By Mr. YODER: ralization’’. The Supreme Court has long By Mr. CONAWAY: H.R. 5613. found that this provision of the Constitution H. Res. 846. A resolution expressing the Congress has the power to enact this legis- grants Congress plenary power over immi- sense of the House of Representatives on sup- lation pursuant to the following: gration policy. As the Court found in Galvan port for Estonia, Latvia, and Lithuania; to Article 1, Section 8, Clause 18 of the Con- v. Press, 347 U.S. 522, 531 (1954), ‘‘that the for- the Committee on Foreign Affairs. stitution mulation of policies [pertaining to the entry By Mr. CONAWAY: By Mr. BUDD: of aliens and their right to remain here] is H. Res. 847. A resolution expressing the H.R. 5614. entrusted exclusively to Congress has be- sense of the House of Representatives on sup- Congress has the power to enact this legis- come about as firmly imbedded in the legis- port for Georgia; to the Committee on For- lation pursuant to the following: lative and judicial tissues of our body politic eign Affairs. Under Article I, Section 8, Clause 3 of the as any aspect of our government.’’ And, as By Mr. LOWENTHAL (for himself, Ms. United States Consitution the Court found in Kleindienst v. Mandel, 408 By Mr. CA´ RDENAS: LOFGREN, Mr. CORREA, Mr. PETERS, U.S. 753, 766 (1972) (quoting Boutilier v. INS, H.R. 5615. Mr. CONNOLLY, Ms. JACKSON LEE, Mr. 387 U.S. 118, 123 (1967)), ‘‘[t]he Court without Congress has the power to enact this legis- KILMER, Ms. JUDY CHU of California, exception has sustained Congress’ ‘plenary lation pursuant to the following: Mr. KHANNA, Ms. BROWNLEY of Cali- power to make rules for the admission of Article 1, Section 1. fornia, Mr. TAKANO, Mr. AL GREEN of aliens and to exclude those who possess All legislative powers herein granted shall Texas, Mr. CA´ RDENAS, Mrs. NAPOLI- those characteristics which Congress has for- be vested in a Congress of the United States, TANO, Mrs. DAVIS of California, Mr. bidden.’ ’’ which shall consist of a Senate and House of BEYER, Mr. COFFMAN, Ms. BORDALLO, Representatives. f and Mr. BUDD): By Ms. CLARKE of New York: H. Res. 848. A resolution recognizing the ADDITIONAL SPONSORS H.R. 5616. 43rd anniversary of the Fall of Saigon on Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors April 30, 1975; to the Committee on Foreign lation pursuant to the following: were added to public bills and resolu- Affairs, and in addition to the Committee on the power granted to Congress under Arti- tions, as follows: Armed Services, for a period to be subse- cle I of the United States Constitution and it quently determined by the Speaker, in each H.R. 60: Mr. NORCROSS. subsequent amendments, and further clari- case for consideration of such provisions as H.R. 421: Mr. ISSA. fied and interpreted by the Supreme Court of fall within the jurisdiction of the committee H.R. 820: Mr. FLEISCHMANN, Mr. HOLDING, the United States. concerned. and Mr. BYRNE. By Mr. DONOVAN: H.R. 846: Mr. KILDEE, Ms. DEGETTE, Mrs. f H.R. 5617. BROOKS of Indiana, and Mr. FITZPATRICK. PRIVATE BILLS AND Congress has the power to enact this legis- H.R. 949: Mr. LOBIONDO. lation pursuant to the following: RESOLUTIONS H.R. 959: Mr. SABLAN and Mr. COHEN. United States Constitution, Article I, Sec- H.R. 1036: Mr. SOTO. Under clause 3 of rule XII, tion 8 H.R. 1098: Mr. GUTIE´ RREZ. Mr. BRADY of Pennsylvania introduced A By Mr. FASO: H.R. 1171: Mr. KENNEDY and Ms. ESTY of bill (H.R. 5623) for the relief of Carmela H.R. 5618. Connecticut. Apolonio Hernandez, Edwin Artillero Congress has the power to enact this legis- H.R. 1300: Mr. PERLMUTTER. Apolonio, Yoselin Artillero Apolonio, Keyri lation pursuant to the following: H.R. 1311: Mrs. WAGNER. Artillero Apolonio, and Fidel Artillero According to Article I, Section 8 of the H.R. 1318: Mr. COHEN and Mr. QUIGLEY. Apolonio; which was referred to the Com- United States Constitution H.R. 1424: Mr. MCGOVERN. mittee on the Judiciary. By Mr. O’ROURKE: H.R. 1542: Mr. HOLLINGSWORTH. H.R. 5619. H.R. 1550: Mr. HOLDING. f Congress has the power to enact this legis- H.R. 1606: Mr. ROGERS of Kentucky. CONSTITUTIONAL AUTHORITY lation pursuant to the following: H.R. 1661: Mr. GUTIE´ RREZ, Mr. UPTON, and STATEMENT Clause 18 of Section 8 of Article I of the Mr. HUFFMAN. Constitution H.R. 1683: Ms. ROYBAL-ALLARD. Pursuant to clause 7 of rule XII of To make all Laws which shall be necessary H.R. 1861: Mr. BIGGS. the Rules of the House of Representa- and proper for carrying into Execution the H.R. 1911: Ms. ROS-LEHTINEN. tives, the following statements are sub- foregoing Powers, and all other Powers vest- H.R. 1928: Ms. FUDGE. mitted regarding the specific powers ed by the Constitution in the Government of H.R. 1939: Mr. GOODLATTE. granted to Congress in the Constitu- the United States, or in any Department or H.R. 2077: Mr. MCGOVERN, Mr. POCAN, Mr. tion to enact the accompanying bill or Office thereof. DOGGETT, Mr. JOYCE of Ohio, and Mr. COHEN. By Mr. PANETTA: H.R. 2267: Ms. TENNEY, Mr. TONKO, Mrs. joint resolution. H.R. 5620. LOWEY, and Mr. NOLAN. By Mr. ELLISON: Congress has the power to enact this legis- H.R. 2293: Mr. RUTHERFORD. H.R. 5609. lation pursuant to the following: H.R. 2309: Mrs. NAPOLITANO. Congress has the power to enact this legis- clause 1 of section 8 of article I of the Con- H.R. 2319: Mr. WALBERG. lation pursuant to the following: stitution H.R. 2327: Mr. LIPINSKI. Article I, Section 8, Clause 18 of the Con- By Mr. SMITH of New Jersey: H.R. 2332: Mr. COOPER. stitution of the United States, which states: H.R. 5621. H.R. 2701: Mr. SCHNEIDER and Mr. KENNEDY. The Congress shall have the power to make Congress has the power to enact this legis- H.R. 2723: Mr. CURTIS. all laws which shall be necessary and proper lation pursuant to the following: H.R. 2735: Mr. POLIS. for carrying into execution the foregoing Article I, Section 8, Clause 3 H.R. 2748: Mr. FITZPATRICK and Ms. powers, and all other powers vested by this Article I, Section 8, Clause 4 GABBARD.

VerDate Sep 11 2014 04:58 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\L25AP7.100 H25APPT1 H3576 CONGRESSIONAL RECORD — HOUSE April 25, 2018

H.R. 2797: Ms. SINEMA. H.R. 4573: Ms. JAYAPAL. H.R. 5422: Mr. WOMACK. H.R. 2840: Mr. GOMEZ. H.R. 4691: Mr. SMITH of New Jersey. H.R. 5447: Mr. SCALISE, Mr. LAMALFA, and H.R. 2899: Ms. DELBENE. H.R. 4693: Mr. SMITH of New Jersey. Mr. DESAULNIER. H.R. 4732: Mr. MCNERNEY, Ms. ROYBAL- H.R. 3032: Mr. FITZPATRICK. H.R. 5472: Mr. JONES. H.R. 3192: Ms. SHEA-PORTER. ALLARD, and Mr. MITCHELL. H.R. 5508: Mr. SHERMAN. H.R. 3207: Mr. GOMEZ, Mr. SCHIFF, Ms. H.R. 4779: Mr. CARBAJAL. H.R. 5510: Mr. CUMMINGS, Mr. MCGOVERN, VELA´ ZQUEZ, Ms. TSONGAS, Mr. PERLMUTTER, H.R. 4782: Mr. LEWIS of Georgia. and Ms. MOORE. Mr. SUOZZI, Ms. DELAURO, Mr. CARSON of In- H.R. 4844: Mr. JORDAN. diana, and Mr. CICILLINE. H.R. 4912: Ms. DELAURO. H.R. 5517: Ms. STEFANIK. H.R. 3349: Mr. NOLAN. H.R. 4953: Mr. JOHNSON of Georgia, Mr. H.R. 5526: Mr. JODY B. HICE of Georgia, Mr. H.R. 3378: Mrs. BLACK. TROTT, Mr. PAYNE, and Mr. VEASEY. GAETZ, and Mr. MCKINLEY. H.R. 3478: Mr. LOWENTHAL. H.R. 4962: Mr. KELLY of Mississippi and Ms. H.R. 5547: Mr. MACARTHUR. SHEA-PORTER. H.R. 3528: Mr. RENACCI. H.R. 5551: Mr. MCGOVERN. H.R. 4985: Mr. GENE GREEN of Texas. H.R. 3605: Mr. BEYER. H.R. 5559: Mr. SMITH of Missouri. H.R. 3641: Mr. MITCHELL. H.R. 5001: Mr. GRIJALVA and Ms. LOFGREN. H.R. 5013: Mr. BILIRAKIS. H.R. 5564: Mr. POCAN. H.R. 3767: Mr. WALZ and Mr. SUOZZI. H.R. 5041: Mr. CURTIS. H. Con. Res. 8: Mr. THOMPSON of Pennsyl- H.R. 3780: Mr. RUTHERFORD. H.R. 5100: Ms. BLUNT ROCHESTER. vania. H.R. 3798: Mr. ROUZER and Mr. SMITH of Ne- H.R. 5102: Mr. CURTIS and Mr. FITZPATRICK. braska. H. Con. Res. 10: Mr. ROTHFUS, Mr. H.R. 5129: Mr. DESAULNIER, Ms. SCHA- H.R. 3832: Mr. MARSHALL, Mr. HECK, and MOOLENAAR, Mr. DUNCAN of Tennessee, Mr. KOWSKY, Mrs. DEMINGS, and Mr. BOST. Mr. SOTO. YOUNG of Iowa, and Mr. DESJARLAIS. H.R. 5161: Mr. O’ROURKE. H.R. 3834: Mr. KING of New York. H. Res. 343: Mr. SOTO. H.R. 5163: Mr. QUIGLEY. H.R. 3923: Mr. YARMUTH, Ms. BASS, and Ms. H. Res. 781: Miss GONZA´ LEZ-COLO´ N of Puer- H.R. 5164: Ms. ROYBAL-ALLARD. ´ ´ SANCHEZ. H.R. 5171: Mr. NOLAN. to Rico and Ms. VELAZQUEZ. H.R. 3956: Mr. HOLDING. H.R. 5187: Mr. MARINO and Mrs. DINGELL. H. Res. 786: Mr. MAST. H.R. 4107: Mr. FLEISCHMANN, Ms. JACKSON H.R. 5220: Ms. ESHOO and Mrs. WATSON H. Res. 817: Mr. HIGGINS of New York. LEE, Mr. HOLLINGSWORTH, Mr. BANKS of Indi- COLEMAN. H. Res. 823: Ms. LOFGREN. ana, Mr. JOHNSON of Georgia, Mrs. BROOKS of H.R. 5226: Mr. BROWN of Maryland. H. Res. 826: Ms. NORTON, Mr. COHEN, Mrs. Indiana, Ms. FUDGE, Ms. ROYBAL-ALLARD, H.R. 5259: Mr. DAVID SCOTT of Georgia and DINGELL, and Mr. KIND. Mr. GARAMENDI, Mrs. WALORSKI, and Mr. Mr. CRAMER. H. Res. 834: Mr. SEAN PATRICK MALONEY of TAYLOR. H.R. 5266: Mr. LUETKEMEYER. New York and Mr. COURTNEY. H.R. 4143: Mr. DOGGETT. H.R. 5270: Mr. ROGERS of Kentucky. H. Res. 835: Mr. SCHNEIDER, Mrs. LOVE, Mr. H.R. 4178: Mr. GONZALEZ of Texas. H.R. 5343: Mr. ALLEN. H.R. 4238: Mr. SUOZZI and Mr. BARR. H.R. 5383: Mr. CICILLINE and Mr. MCGOV- COLE, Miss RICE of New York, Ms. SINEMA, H.R. 4265: Mr. TURNER. ERN. Mr. COOK, Mr. SESSIONS, Mr. WEBER of Texas, H.R. 4272: Mr. MCNERNEY. H.R. 5395: Mr. TONKO and Mr. ENGEL. Mr. BARLETTA, and Mr. NORMAN. H.R. 4305: Mr. NORMAN. H.R. 5413: Mr. BILIRAKIS, Mr. MARSHALL, H. Res. 837: Mr. CULBERSON and Mr. H.R. 4444: Mr. SUOZZI and Mr. LAMB. Mr. BERGMAN, and Ms. TENNEY. LOUDERMILK. H.R. 4548: Mrs. MURPHY of Florida and Mr. H.R. 5417: Mr. HIGGINS of Louisiana and Mr. H. Res. 842: Mr. KING of New York, Mr. MCEACHIN. THOMPSON of Pennsylvania. HUNTER, and Mr. TROTT.

VerDate Sep 11 2014 03:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.057 H25APPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, WEDNESDAY, APRIL 25, 2018 No. 67 Senate The Senate met at 12 noon and was State. I must say, I watched with in- I will simply note to my doubting called to order by the President pro terest the proceedings the day before friends, who are standing on their tempore (Mr. HATCH). yesterday in the Foreign Relations rights on the other side of the aisle, f Committee. The debate was interesting that the overwhelming weight of public on both sides. I appreciate the fact that opinion from the news media has come PRAYER accommodations were made so Mike down on the side of Mr. Pompeo. The The Chaplain, Dr. Barry C. Black, of- Pompeo’s nomination could be pre- Wall Street Journal headline says we fered the following prayer: sented to the full Senate with a posi- need a Secretary of State and that Let us pray. tive vote. Mike Pompeo should be confirmed. The Eternal Father, strong to save, whose I am disappointed that so many of Chicago Tribune, in an editorial, states arm has bound the restless wave, we my Democratic colleagues have stated why the Senate should confirm Mike honor Your Name. Forgive us our sins they will oppose this nomination. I Pompeo. The Washington Post headline and deliver us from evil. We thank You heed the admonition of one of the on the editorial page proclaims: ‘‘Con- for food, drink, clothing, friends, and Members of the Democratic Party at firm Mike Pompeo.’’ The New York family. the confirmation vote before the com- Daily News says: ‘‘Confirm Mike Today, give our lawmakers faith to mittee when this Member asked that Pompeo: President Trump Needs a Sec- Senators not question the motives of meet every challenge, courage to live retary of State.’’ anyone who takes a position one way by Your precepts, and humility to I will add, this country needs a Sec- or the other with regard to the nomi- serve others in these grand and critical retary of State. The cause of inter- nation of Mr. Pompeo. I will heed that times. May a high sense of patriotism national diplomacy needs a Secretary admonition and not question the moti- of State. The cause of human rights reinforce the commitment of our Sen- vation of any Senator who votes either around the world needs a Secretary of ators to integrity, as they remember yes or no on this nomination. their accountability to You. I will simply observe this: Mike State. And, Lord, we thank You for the life Pompeo is a highly qualified nominee, USA Today: ‘‘Confirm Mike Pompeo and contributions of Matthew Pollard, a distinguished former Member of the to Fill the Void at State.’’ who worked on the Intelligence Com- House of Representatives. He served I will not question the motives of any mittee. with accomplishment and great dignity of my colleagues, my friends whom I We pray in Your merciful Name. and ability as Director of the CIA. He respect. I will only say, things are Amen. graduated first in his class from the surely different around the U.S. Senate f U.S. Military Academy at West Point nowadays than they were previously, when we rose up almost unanimously PLEDGE OF ALLEGIANCE and went on to graduate with distinction at the Harvard Law School and and confirmed John Kerry and Hillary The President pro tempore led the served as editor-in-chief of the Harvard Clinton and stood for the proposition Pledge of Allegiance, as follows: Law Review. that a President of the United States is I pledge allegiance to the Flag of the This is a man of great intellect, a entitled to his or her team and that United States of America, and to the Repub- man of great ability and great accom- person needed strong support. lic for which it stands, one nation under God, plishment. Without impugning the mo- I only say that at a moment when indivisible, with liberty and justice for all. tives of anyone who would vote no, I our country needs to send a strong f simply observe they will be voting message of resolve to our allies and to the entire international community, RESERVATION OF LEADER TIME against a highly accomplished and qualified nominee. we need to send a strong signal of The PRESIDING OFFICER (Mrs. When the shoe was on the other foot unity; that the vote we may take later ERNST). Under the previous order, the during the Obama administration, I— this week in confirming Mike Pompeo leadership time is reserved. along with almost a unanimous major- might send a signal of excessive par- The Senator from Mississippi. ity of Members of my caucus—voted tisanship and division, I regret that. f yes, in favor of the confirmation of Hil- We are going to have a great Sec- lary Clinton to be Secretary of State. I retary of State at the end of this proc- NOMINATION OF MIKE POMPEO voted yes—again, a virtually unani- ess. I think this, unfortunately, narrow Mr. WICKER. Madam President, I mous vote on both sides of the aisle— vote will come and go and perhaps not rise in strong support of the nomina- for the nomination of our colleague be the standard we operate under in fu- tion of Mike Pompeo, our current CIA John Kerry to be the successor to Hil- ture times. I will only say that for Director, to be the next Secretary of lary Clinton as Secretary of State. those colleagues who are still looking

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

S2399

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.000 S25APPT1 S2400 CONGRESSIONAL RECORD — SENATE April 25, 2018 for an answer and still wrestling with with me. He is obviously very smart. whether there was collusion between how they should vote, I commend to He is obviously well informed about his administration, his campaign, and them the example of previous days and foreign policy—far more well informed Russia. An investigation to look into the example of sending a strong signal than Secretary Tillerson was when he this—to look into Russian interference around the globe that this President is came to visit me before his nomination in our elections and whether there was supported in his efforts in inter- hearing. In particular, what gave me participation of the President or mem- national diplomacy and that he is enti- some good feeling was that Mr. Pompeo bers of his campaign or administra- tled to the team he has chosen. was particularly strong on Russia sanc- tion—is vital to the bedrock of Amer- I urge my colleagues to vote yes. I tions, even showing some separation ica. Even worse is if a President says: appreciate the distinguished minority from the President as we met. I began I can undo this investigation one way leader for indulging me and allowing to think Mr. Pompeo was better than or another; I can thwart it. me to go forward. my first impression, which has been He is already trying to intimidate it, I yield the floor. guided particularly by his very poor but fortunately Mr. Mueller is not the type who is intimidated, and Mr. f performance in the Benghazi hearings. Then, he was nominated for Secretary Rosenstein does not seem to be either. CONCLUSION OF MORNING of State. That is a whole different ball These questions were crucial. A key po- BUSINESS game. Anyone nominated for such a sition like Secretary of State should be critical security position deserves the able to speak out on this kind of issue The PRESIDING OFFICER. Morning because America is recognized business is closed. most careful and thoughtful scrutiny. With that in mind, I met with Mr. throughout the world as the country f Pompeo privately, where I interviewed that most prizes rule of law. If our Sec- EXECUTIVE SESSION him on foreign policy. Frankly, on retary doesn’t speak out strongly many issues, our views were not the against this, it is not only bad for our same. He was far more hawkish than I country but not good for his ability to EXECUTIVE CALENDAR prefer our diplomat to be. Frankly, my do his job around the world. Unfortu- views were probably, on this issue, a nately, I was deeply disappointed. The PRESIDING OFFICER. Under Mr. Pompeo responded, when put to the previous order, the Senate will pro- little closer to the President’s, who remembered, as I do, that in Iraq, we this question as to whether he would ceed to executive session and resume stand up to the President, whether he spent over $1 trillion and lost close to consideration of the following nomina- would resign or otherwise protest the 5,000 of our bravest young men and tion, which the clerk will report. President’s actions that would under- women, and Iraq doesn’t seem much The senior assistant legislative clerk mine the rule of law—his answers were better off today than it was then. read the nomination of Mike Pompeo, weak. He did not say he would resign if of Kansas, to be Secretary of State. My view was that he was too quick to recommend strong military action the President fired Mueller or Rosen- RECOGNITION OF THE MINORITY LEADER stein. To me, a Cabinet officer should when diplomacy might do. At the same do that. He did not even unequivocally The PRESIDING OFFICER. The time, I believe the President should get state that he would publicly urge the Democratic leader is recognized. to pick his team. President Trump President not to fire Mr. Mueller. That WELCOMING THE PRESIDENT OF FRANCE wanted a more hawkish Secretary of was not good enough, but I thought I Mr. SCHUMER. Madam President, State—it would be concerning to me, again owed Mr. Pompeo a direct discus- before I begin, I want to welcome the but it is his decision—and Mr. Pompeo sion because he is a talented man, and President of France, Emmanuel Ma- answered my questions with the same the President does deserve the benefit cron, who just finished his address be- candor and forthrightness as in our fore a joint meeting of Congress. His of the doubt. previous meetings. So I called him into my office for one words were timely, particularly his ad- I thought I would wait for his hear- private meeting, one final meeting. I monition to reject false idols of our ing—because speaking in public is dif- asked him pointedly whether he would time: isolationism, cynicism. He ar- ferent than speaking privately to a be able to simply say publicly, before gued that if we were to advance prin- Member of the Senate—before making we voted on him, that the President ciples upon which both our Nations the decision. At Mr. Pompeo’s hearing, shouldn’t fire Special Counsel Mueller. were founded—as he would say, I became very disappointed. First, the I asked him what he would do if the ‘‘liberte, egalite, and fraternite’’—he President has shown in word and deed President fired the special counsel or would say it better than I, of course— that he often directs foreign policy by Mr. Rosenstein. His answers were ex- and secure the prosperity and security impulse—erratically, inconsistently. tremely insufficient. I also asked him of our peoples in the future, we must The fact that we are contending with if he would be willing to recant or undo seek further cooperation with our al- several hotspots in the world—North some of what he had said about Mus- lies and engagement with the world. I Korea, Iran, Syria, Yemen, Venezuela, lims, Indian Americans, LGBTQ Ameri- hope everyone at both ends of Pennsyl- and Russia—means we need someone in cans, and women’s rights now that he vania Avenue takes President Macron’s the State Department who not only was in line to be our Secretary of State words to heart. prizes the value of diplomacy but is and had to deal with countries that Madam President, the Senate is con- willing to check the President’s worst might be affected by his remarks. sidering the nomination of Mike instincts. Unfortunately, Mr. Pompeo’s Again, he demurred. When he left that Pompeo to be the next Secretary of testimony—and, of course, public testi- meeting, I emerged with a clear con- State. I must admit that even after his mony is the real test—did little to conscience in that a vote against Mr. confirmation to the directorship of the vince me that he would be a strong Pompeo’s nomination was the right CIA, I remained concerned about Mr. tempering influence on an often erratic thing to do. Pompeo when he was in the Congress. I President. He didn’t convince me that I still believe a President deserves talked to him directly. I told him how he would be the kind of Secretary who his team and that disagreements on deeply disappointed I was in how he most of us believe Secretary Mattis is, policy alone are not sufficient reasons handled the Benghazi hearings, how who is able, successfully, to check the to reject a nomination, but I gave Mr. partisan they were. I told him some of President when the President may go Pompeo the benefit of the doubt and his comments about minority groups— off base. Even more disappointing was three chances to answer the questions I Muslims in particular—were way over Mr. Pompeo’s tepid responses to ques- thought were extremely important to the top. Over the course of his tenure tions about his commitment to bed- assuage my broader concerns about his at Langley, I met with him several rock principles such as rule of law. nomination. He did not answer those times after that first meeting where I As important and difficult as our for- questions in any way that was satis- had given him my views on some of the eign policy decisions are, the Nation is fying. So, with a clear conscience, I things I disagreed with in what he did. facing a great test. The President will be voting against his nomination. I have to say, those meetings were seems to tempt rule of law in America Let me be clear. This is not about good meetings. He was very candid when it comes to the investigation of politics. This is not about denying the

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.002 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2401 President his team just for the sake of nomic ties, closer cultural ties. I saw fourth judge. In Turkey, you are, more it. It is about the role of Congress and, real opportunities to strengthen the re- or less, considered guilty until proven frankly, the Cabinet to provide a check lationship with a very important innocent. It truly was, in my opinion— on a President who might go off the NATO ally. Yet now I am beginning to look it up if you do not know what a rails and undo the respect for the rule doubt whether what I saw in Turkey— kangaroo court is—a kangaroo court. of law, the tradition of the rule of law, at least the Turkey I visited 6 years They have already decided they want that we have had in this country for so ago—is the Turkey we are confronted to prosecute him, and they are trying long. with today. to get some of the most specious, cir- It is my view that the next Secretary Pastor Brunson, a gentleman from cumstantial arguments to convict him of State, in this unique moment of his- Black Mountain, NC, was part of a to 35 years. He is 50 years old. By the tory, with a President who seems to be- church up there at Montreat, which way, he has lost 50 pounds since he has have erratically and with little regard, was the same church, a Presbyterian been in prison. A sentence of 35 years is oftentimes, for our Nation’s history, a church, that Rev. Billy Graham was a effectively a death sentence for the President who tests our constitutional part of. The injustice I see displayed to kinds of charges I will tell you a little order, must be willing to put country him makes me wonder if the people bit about. first and stand up for our most sacred from the State of Iowa or from the No. 1, it is very clear to me, after and fundamental, foundational val- State of North Carolina should go to spending 12 hours in a courtroom, that ues—for the rule of law, for the idea that country until we understand the Turkish authorities believe that that no person, not even the President, whether American citizens can be any religious organization is actually a is above the rule of law. treated justly there. part of a broader plot to undermine the Unfortunately, Mr. Pompeo, in these He has spent 565 days in a Turkish Turkish Government and to promote very difficult and troubled times, prison. For about 15 months, he was in terrorist activities. They actually view didn’t meet that test as much as I wish a cell that was designed for eight peo- the Christian faiths, the Christian reli- he had. I don’t doubt that the Presi- ple. It had 21 people in it. The others gions in the United States—the mis- dent could nominate someone with the had been charged with terrorism and sionaries—as some sort of coordinated right experience, the right values, and conspiracy to plot a coup. Pastor plot to undermine the country of Tur- the right commitment to our core, na- Brunson has been in Turkey for 20 key. They view a missionary who risks tional principles to earn my vote to be years. All he is guilty of is of being a life and limb to go into the Syrian Secretary of State, but I do not believe Christian and trying to bring a Chris- countryside to help people who are try- Mr. Pompeo has those qualities so I tian message to those who want to ing to flee the carnage that is occur- will be voting no on his nomination. hear it. He has a church in Izmir. It is ring in Syria—to give them food, I yield the floor. a very small church. You can only seat water, and comfort—as being, in some The PRESIDING OFFICER. The Sen- about 120 people in it. They open it up, way, someone who is perpetrating and ator from North Carolina. and they let anybody walk in off the being a coconspirator in a plot by the CALLING FOR THE RELEASE OF PASTOR ANDREW street to hear what they are saying. PKK, which is a terrorist organization BRUNSON They work with the police department that is focused on opposing Turkey. Mr. TILLIS. Madam President, I have to make sure they are secure and that That is what missionaries are sub- come here for the first time in what they understand what they are saying. jected to. will be a weekly speech that I will give There was no nefarious purpose here As a matter of fact, there was a part as long as we have somebody, in my except to have done his job for 20 years of the court proceedings during which opinion, who is improperly and un- as a missionary in Turkey. they suggested the mere fact that Pas- justly being held in a Turkish prison. I am going to come back to this slide tor Brunson, who is a Presbyterian, As a matter of fact, this man, Pastor in a minute. had Mormons enter his church—actu- Andrew Brunson, has been in a Turkish It is also important to understand ally, it is just part of the services, and prison for 565 days. He was arrested in timing. The coup occurred in 2016. Pas- they are services that are wide open to October of 2016. He didn’t even receive tor Brunson and his wife Norine had anyone. Yet, because of the mere con- charges until about 2 months ago—so actually traveled back to the United nection with the Mormons, who also do arrested, without charges—conspiracy States. They were having a visit with missionary work in Turkey and Syria, to plot a coup attempt against Presi- family in North Carolina. President they were able to glue together, on a dent Erdogan and his regime in Tur- Erdogan and the Erdogan regime were circumstantial basis, the idea that be- key. rounding up tens of thousands of people cause they have actually talked to About a month ago—it was, maybe, and putting them in prison, even some- each other and the Mormons have also about 2 months back, 3 months back— body loosely associated with the coup, provided missions to the Kurdish re- I heard from some people that Pastor and many who were not were being ar- gion, they are a part of the PKK. Brunson was afraid that with his time rested. Pastor Brunson was in North That is what we are talking about. in prison and the charges being levied Carolina at the time, but he and Norine That is why I am giving everyone a against him, the American people were went back to Turkey at a time when stern warning. If you are traveling to going to read the charges and forget people were being rounded up. When he this country, I can’t guarantee your about him and turn their backs. That got back, they rounded him up. safety based on the facts as they exist is why I decided to travel to Turkey Why on Earth would any reasonable today. I am trying to get somebody out and meet with him in prison about a person go back if he had been involved who is only guilty for actually being a month ago. It was to let him know I with it and had seen what had been Christian missionary in Turkey for 20 had no intention of forgetting him and happening in Turkey? That is just one years. that I had every intention of making data point. Now let’s cover a few more. I am not going to go into the details sure everybody understood what was First off, I have to bring this up. I of this, but when you invest 12 hours in going on with this case and why it have to say, after I went and visited a courtroom, it is a really accelerated should be a lesson to anybody who is Turkey for about 48 hours about a learning process. Let me give you an thinking about traveling to Turkey month ago, I went back last week. I, idea of some of the things they said be- today from the United States. actually, spent 12 hours in a Turkish cause they observed this. We are not Before I start this, I have to talk a courthouse and listened to the charges talking about any specific charge for little bit about Turkey. It is a NATO against Pastor Brunson. It was re- something violent that occurred or ally. It is a country I led a delegation markable. It was a three-judge panel. something damaging that occurred. to when I was Speaker of the House in Imagine that they are sitting up at the This is the level of evidence that was North Carolina. I spent almost 2 weeks dais, and next to them—unlike in our presented against Pastor Brunson. there back about 6 years ago because I courts, where you have the defense and There is a dish that is cooked over saw great opportunities for our State the prosecutor sitting on equal terms— there. I don’t know. I love Turkish of North Carolina and the country of their prosecutor is sitting up at the food. I eat anything. Usually, when I go Turkey to build closer ties—closer eco- dais and is actually looking like a over there, I gain weight. It is good

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.004 S25APPT1 S2402 CONGRESSIONAL RECORD — SENATE April 25, 2018 food. Well, there was this communica- we are willing to trade with someone ator coming over there to take you tion between the daughter and the fa- here in this country who he believes out. That is what is going on in Turkey ther about a good meal they had had. was involved in the plot, then he will right now. They suggested that communication— give Pastor Brunson back to us. Pastor Brunson represents just one of because it was of food that is, appar- We have an extradition treaty with several people in Turkey for whom we ently, enjoyed by the Kurds—was a rea- Turkey. If Turkey goes through the have to fight. A NASA scientist has son to suspect that somehow they were proper processes that can prove the been convicted and sentenced to 71⁄2 conspirators in the PKK plot. So I tell person he wants in this country should years; he has served 11⁄2 years. He was somebody who is traveling to Turkey, be extradited because he is guilty of guilty of doing nothing more than be careful what you eat and be careful laws broken in Turkey, great. But I going to visit his family in Turkey at what you like and don’t put it on find it objectionable to compare that roughly the time they started the coup Facebook because you, too, could find pastor who is here or that religious attempt. Now he is in prison—an Amer- yourself in a Turkish prison. leader who is here with a pastor who ican citizen, a dual citizen, a Turkish- That is the level of argument they spent 20 years in Turkey doing nothing American, a NASA scientist impris- are using against this man who has but missionary work. oned, implicated as being a part of our been in prison for 565 days. I am not When I was in Turkey, someone intelligence agency. I am not making making this up. You could not create a asked me: What do you think about the this up. movie plot that would be more egre- prisoner exchange? I think what has I have invested the time in Turkey to gious in terms of the way they have been offered is absurd. But I promise follow the facts. I wouldn’t pursue this treated this man for 565 days. you this: If you know of a Turkish per- if all I had were briefings from the After I went to the Turkish prison, son—a Turkish national in a U.S. pris- State Department or the staff. I in- Pastor Brunson and I spent about an on who was held for 17 months without vested the time to go there, look at the hour and a half together. To the Turk- charges and then was convicted on cir- pastor eye to eye, look at the judges ish prison officials’ credit, they gave cumstantial evidence for 5 years, 10 eye to eye, and look at the prison me more time than they normally years, or 35 years, count me in on get- guards eye to eye, and I am convinced would. At about 59 minutes, they get ting them released without even a con- this is a risk to every single American. you out of there, but they told me I cept of trade because that would be a Every single one of you should put could spend the time I wanted to. The terrible miscarriage of justice. yourself in Pastor Brunson’s place and discussion with Pastor Brunson was Let me tell you, there is not some- go from here and make sure people really heart-wrenching. The reason it body in a U.S. prison because there is know what is going on there. was heart-wrenching is he said: I just no way that anybody in the United Pastor Brunson needs to know he has firmly believe that people are going to States would have been held overnight the backing of the U.S. Senate. He will forget about me. I think Congress in jail for the charges I saw dem- have the backing of the House. My col- could read this 62-page bogus indict- onstrated in that courthouse just a league MARK WALKER and the deputy ment and believe it is true. week ago. So President Erdogan pos- I told Pastor Brunson that the only whip PATRICK MCHENRY are working on sibly doesn’t know what I now know, reason I was there was to look at him a similar letter in the House, and we having sat through 12 hours of court. I eye to eye and tell him Congress has will continue to show that we are in have to believe he is a fair person, and his back. This is not going to go away shape, and we are ready to run this until the Turkish people release Pastor I have to believe that he is hearing marathon. Hopefully, they are going to Brunson. We did something here over from people in his administration who sprint to a just decision on May 7. That the course of 2 weeks. I also told him, are not telling him what they are try- is his next court date. But if he in that meeting, I was going to get ing to do to this man in their Turkish doesn’t, you can expect me to be here, Members of the Senate to sign on to a judicial system. I am here, and I will be and each and every time I am going to letter and was going to prove to him here every week to ask President add some other cases for why we really that the people in the Senate, on a bi- Erdogan to invest the time that I have have to rethink our relationship with partisan basis, agreed with my position invested to know it is a miscarriage of Turkey until justice is done. that Pastor Brunson should be set free. justice that is going to hurt our rela- Thank you. I know the Presiding Officer knows tionship with Turkey on every level, The PRESIDING OFFICER. The Sen- better than anybody that getting 66 and I will go from someone who is a ator from New Jersey. Senators to sign on to a letter, if you strong advocate of our Turkish alliance Mr. MENENDEZ. Madam President, I spend 3 or 4 months doing it, is uncom- to someone who maybe has to think rise today to express my opposition to mon, but to get 66 Senators to come to- twice about where this relationship Mike Pompeo serving as the Nation’s gether and sign this letter in a couple goes from here. top diplomat. of weeks is extraordinary. When they This is the beginning of what I hope As I stated earlier this week in com- heard the argument, they knew they is a very short time of my coming to mittee, I am generally disappointed to needed to be a part of the voice of the this floor and layering in additional be casting a vote against a Secretary of Senate. It is no coincidence that I facts every week until Pastor Brunson State nominee. I believe the United wanted to get 60-plus votes. I wanted to is released. States needs an effective leader on the send a very clear message that we are Again, I warn anyone who is going to global stage. But at the end of the day, educating Members of the Senate, and Turkey to pay attention to what I have as I considered Director Pompeo’s nom- we have the votes necessary to move just said. Pay attention to the fact ination, including his hearing, his past forward with things I prefer not to do. that I may not, as a U.S. Senator and statements, and recent revelations, I I prefer to be moving forward with the Presiding Officer, as a U.S. Senator have lingering concerns along three legislation that strengthens the rela- from Iowa—we may not be able to broad themes. Mr. Pompeo failed to ex- tionship with Turkey—our military al- guarantee your safety under the cur- press any tangible diplomatic strate- liances, our economic alliances—our rent emergency orders in Turkey. You gies for which he would advocate to ad- broader relationship. Yet we also need may actually just find a group of vance American interests; he failed to to send a clear message that we will friendly people with whom you take a be forthright with the committee; and, take other steps, if that is what is nec- picture and you proudly put it on finally, I don’t have a satisfactory an- essary, to get the attention of the Facebook because you are reaching out swer to the question: Which Mike Turkish administration and President to people, you are traveling to coun- Pompeo am I asked to cast a vote on? Erdogan to do the right thing. I thank tries, and you are trying to build Unfortunately, during his nomina- all my colleagues who signed the let- friendships and relationships. But tion process, in which he had an oppor- ter. Since we published it with 66, we there may be some Turkish bureaucrat tunity to address all of these concerns, have had others express interest, and I who sees that picture and sees a few Director Pompeo offered contradictory think that is very important. Kurds in it, and suddenly you become a statements and was less than forth- Now what does President Erdogan conspirator. You spend 565 days in a coming when pressed on a number of say to that? He basically says that if Turkish prison, and you have your Sen- issues.

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.006 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2403 Given the opportunity to outline the Act to deny support to victims of gen- security, with citizens who have suf- strategies he would advocate with the der-based violence and who sponsored fered the most from brutal terrorism. administration to deal with the chal- legislation to roll back marriage equal- Similarly, part of the exceptionalism lenges of Russia, Iran, North Korea, ity, or Congressman Pompeo, who, as of the United States comes from the China or Venezuela, to mention a few, recently as 2016, sponsored legislation power of our diaspora communities, he failed to exhibit the depth of knowl- to immediately halt refugee resettle- which serve as critical cultural and edge or thoughtfulness about what ment in the United States until ill-ad- public diplomats to the rest of the those strategies would be. Granted, he vised reforms were made? These con- world. How can someone who has made is under the constraints of this admin- cerns are beyond policy disagreements, such derogatory and uninformed re- istration, which has failed to offer a which alone are not the basis for remarks conduct effective diplomacy? strategic vision for American diplo- jecting a nominee. Rather, this legisla- As I have said before, I believe it is macy, a White House that has failed to tive history paints a troubling picture imperative for the Secretary of State effectively outline policies or strate- of how the United States and our diplo- to be forthright, to be someone with gies to achieve a series of ever-chang- matic efforts will be conducted and re- whom the American people and our al- ing goals and objectives. But I expect ceived by our allies and adversaries lies can invest faith and trust, someone our chief diplomat to have a vision for alike. who will unequivocally champion our diplomacy. Will the Department seek to roll values to assert our global leadership. A meeting is not a strategy. Air- back programs advancing women’s ac- Our global leadership comes from our strikes are not a strategy. Unilaterally cess to healthcare and justice sys- investment in diplomacy and develop- walking away from an international tems—programs that have signifi- ment as our primary policy drivers agreement is not a strategy. cantly improved the lives not only of abroad. Unfortunately, I don’t believe Beyond his lack of strategies, I fear women all over the world but, by ex- that Director Pompeo is someone who Mr. Pompeo was less than transparent tension, improved stability, prosperity, will always prioritize diplomacy over through his confirmation process. and governance reforms? When we talk conflict, particularly in the context of Truthfulness and willingness to be about promoting universal human the aggressive foreign policy voices forthcoming to the Foreign Relations rights in countries that seek to oppress growing around him. I am particularly Committee are essential in a Secretary people based on their sexual orienta- concerned by his past comments on re- of State nominee. But in his refusal to tion, what will our Nation’s top dip- gime change in North Korea and Iran. answer questions about the Russia in- lomat credibly say? Look, I abhor both regimes, but our na- vestigation, in which he was inter- As we work with our allies who are tional security is a little different. viewed—a critical issue before the com- absorbing literally millions of refugees While he said during his confirmation mittee—and in his failure to disclose from profoundly devastating crises all hearing that war is ‘‘the last resort,’’ any information about his trip to over the world and as families in my Mr. Pompeo’s past statements calling North Korea, which he could have dis- own State of New Jersey and through- for military action and regime change closed even in a classified setting, al- out the country open their hearts and in Iran, for example, will surely follow though we got to learn about it their homes, what will he credibly say him as we work with our allies to build through the press—both critical issues as this administration slashes our own on multinational agreements to pre- before the committee—he exhibited refugee program, once a crown jewel of vent Iran from getting a nuclear weap- that he was more suited to the clandes- our foreign policy, both in establishing on. His offhand remarks about regime tine nature of the CIA Director than our moral leadership and in supporting change in North Korea will be ever- the transparency of a Secretary of our partners globally? present as we pursue negotiations to State. On our own border, we simply cannot I don’t expect a Cabinet Secretary to address the threat of drug traffickers roll back North Korea’s nuclear weap- publicly disagree with the President; or opioids without productive collabo- ons program and seek dismantling. indeed, it is his or her duty to carry ration with Mexico. When the Presi- With all of these concerns of mine, out the President’s agenda. But as poli- dent wants to call Mexicans drug traf- ultimately, I simply do not believe cies are being formulated, I remain fickers and rapists, as our Nation’s top that Director Pompeo is someone who skeptical of whether he will be forth- diplomat who, during his confirmation can genuinely represent all Americans coming with Members of Congress, how hearing, insisted his ‘‘record is exquis- and best promote American foreign he will approach complex issues, and ite with respect to treating people of policy interests. It is for these reasons, what that means for our foreign policy. every faith with the dignity they de- among others, that I will be voting This lack of forthrightness ulti- serve,’’ would Mr. Pompeo advise the against Director Pompeo. Let me be mately leaves me wondering whether President not to call Mexicans drug very clear. Despite what some of my he would be willing to push back traffickers and rapists or would the other colleagues may believe or tell against the President’s worst instincts, Pompeo who once called an Indian- the press, this is not a vote in the whether he would be willing to say no American political opponent a ‘‘turban name of political resistance to the to advance a different course or wheth- topper’’ prevail? President. I have voted for members of er he would simply be a yes-man. How would he explain this kind of this President’s Cabinet, from the Sec- When the President blames Russia’s rhetoric to people of myriad different retary of Defense, to the former Sec- aggressive behavior on Democrats— faiths who wear turbans, whether they retary of Homeland Security and now pretty amazing, on Democrats—will are millions of Sikhs, Punjabis, or the President’s Chief of Staff, to our Director Pompeo remind him that Rus- Muslims in India—a critically impor- Ambassador to the United Nations, to sia’s aggressive behavior is caused by tant ally—or Orthodox Christians in mention some. Russia and no one else? As our Nation’s the Horn of Africa or tribal leaders in I will never hesitate to agree with a top diplomat, would Director Pompeo, Afghanistan with whom we are trying sound policy or criticize a misguided as he said in his confirmation hearing, to build constructive relationships one, regardless of which party is in the value diversity and demand every em- based on values of democracy and White House. I think history will cer- ployee be ‘‘treated equally with dignity human rights? tainly prove that and judge it to be and respect’’? Does he believe, as he What impact would his accusations true. I will always put patriotism and said in his hearing, in ‘‘promoting that Muslim leaders in the United our national security interest over par- America’s ideals, values, and prior- States are somehow ‘‘complicit’’ in tisanship—always. ities,’’ including our collective identity devastating terrorist attacks have as I also reject the notion that we as a nation of immigrants and refugees he engages with Muslim leaders and should confirm a Secretary of State fleeing oppression who have made the citizens around the world? Nearly 2 bil- based on world events outside of our United States a bastion of hope in the lion people in the world adhere to the control, whether that be a NATO sum- world? Or will we be represented by Muslim faith, many in countries with mit or a meeting with North Korea. Congressman Pompeo, who voted which we have relationships critical to Nobody forced the President to fire his against the Violence Against Women’s protecting and promoting our national former Secretary of State at the time

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.008 S25APPT1 S2404 CONGRESSIONAL RECORD — SENATE April 25, 2018 he did. And unless Kim Jong Un is uni- Mike’s re´sume´ would put him at the tection Bureau. Think about that for a laterally dictating the terms of our re- top of any pile. Speaking as someone second. lations, we should wait until we have who has hired a lot of folks over 28 This morning, the New York Times the appropriate people and dutiful years in the private sector and now reported that Mick Mulvaney, the head preparation to achieve the success that spending time in public service, his of that Bureau—the organization that we and the world need. re´sume´ shines, but let’s talk about his looks out for or at least used to look In closing, as we consider this nomi- record of results. out for American bank customers— nee and the nominee for Germany who I just returned from a trip to China. made a speech to 1,300 bankers yester- is also subject to cloture, let me be I was with four other U.S. Senators. We day, and he told the banking industry clear. Despite what the White House visited China, South Korea. In fact, to step up their lobbying efforts. wants to claim, Democrats are not ob- while in South Korea, we went to the So you have a government official structing nominees through this body. DMZ. I met the Premier of China while who took an oath to represent the The facts are simply not on their side. I was in Beijing. In fact, the same week American public to the best of his abil- Of 172 positions at the State Depart- that I met the Premier of China, Kim ity and to carry out his job to the best ment and USAID critical to advancing Jong Un met with President Xi in Bei- of his ability at the Consumer Finan- U.S. interests, the administration has jing. We spent time with the Prime cial Protection Bureau, and he is going failed to even nominate 77 of those po- Minister of South Korea, as well as in front of bankers and telling them to sitions, including 45 ambassadorial po- time with many other leaders. Their step up their lobbying efforts to weak- sitions in critical countries, including feedback was very clear. Perhaps this en the Consumer Financial Protection South Korea, Saudi Arabia, and Jor- is the untold story we are not hearing Bureau. dan, to mention a few. I could go on in the United States, in the media, and The Times reported this, and there is and on. it is this: The administration’s resolve a recording of this, so this isn’t—as Lest we all forget, Republicans con- and their diplomacy is what has probably Mr. Mulvaney might suggest trol the votes on the Senate floor. Re- brought Kim Jong Un to the negoti- or the President will suggest—this publican leadership can bring up any ating table. isn’t fake news. There is a real record- nominee, once they have passed the The administration is moving for- ing. He told banking industry execu- committee, at any time. That is their ward toward a denuclearized North tives on Tuesday that they should prerogative. Korea, and Mike Pompeo has played a press lawmakers hard to pursue their The Founders recognized that an ef- critical role in those efforts. As Sec- agenda, and he revealed that, as a Con- fective democracy needs coequal retary of State, Mike would continue gressman, he would meet with lobby- branches of government to operate in a to defend and represent American in- ists only if they had contributed to his system of checks and balances. The terests abroad, protecting our national campaign. Here is what the Director of the Con- President has the right to nominate security and making the world a safer sumer Financial Protection Bureau whomever he wants, but the Congress place. has a responsibility to ensure that per- Mike has not just excelled, he has said. He was a Member of Congress—a son is best suited for the job at hand— been the best at everything he has put far-right, tea party, Republican Mem- ber of Congress who took a lot of bank we have already seen challenges to his mind to over the course of his life. contributions, I would add, but I will some of these nominees in that proc- He was first in his class at West Point, put that aside for a minute—until he ess—and in the case of our Secretary of a graduate of Harvard Law School, edi- became the head of the Office of Man- State, one who will prioritize diplo- tor of the Harvard Law Review. He agement and Budget and then of the macy instead of war and promote fun- served our country in the military. He Bureau. He said: ‘‘We had a hierarchy damental values. ran businesses before serving in the If and when he is confirmed, as some- in my office in Congress.’’ That is when U.S. Congress, which is where my path one who has served on both the House he served down the hall here at the crossed Mike Pompeo’s, as we served as and the Senate committees tasked other end of the Capitol in the U.S. colleagues in the U.S. Congress. Mike with overseeing foreign policy adminis- Congress. ‘‘We had a hierarchy in my ´ ´ tration, I am more than willing to has the resume, the character, and the office in Congress,’’ he told 1,300 bank- work alongside the nominee to provide record of results to make him an excep- ers and lending industry officials at the advice and input as he and the Presi- tionally qualified leader for this job. American bankers conference in Wash- As we wait here in limbo without a dent seek to advance American inter- ington. He said: Secretary of State, lives are on the ests and values on the global stage. I line, our national security is on the We had a hierarchy in my office in Con- will, of course, in my capacity as rank- gress. If you’re a lobbyist who never gave us line, and our freedom is on the line. I ing member, work alongside him in money, I didn’t talk to you. If you’re a lob- urge my colleagues across the aisle, pursuit of comprehensive and coherent byist who gave us money, I might talk to strategies that promote American in- please stop putting politics before you. terests. Despite my misgivings, I will America’s national interests. For heav- I guess you can’t call that bribery. I always have an open door and seek open’s sake, this body passed Hillary am not suggesting exactly that it is portunities to advance our shared ob- Clinton through as Secretary of State bribery. But you are saying: If you jectives. We stand ready and willing to with 94 votes. I urge them to make the didn’t give me money, I wouldn’t talk take any and all actions in the interest best decision for our country and their to you, and if you gave me money, of peace, security, and all Americans. constituents back home and join me in maybe I would talk to you. That has always been my North Star, confirming Mike Pompeo as our next Again, I am not a lawyer, and I don’t and it will always be. Secretary of State. think that is under the classification of Madam President, I yield the floor. The PRESIDING OFFICER. The Sen- bribery, but I think it is pretty awful. The PRESIDING OFFICER. The Sen- ator from Ohio. It is pretty awful when the guy who ap- ator from Montana. Mr. BROWN. Madam President, I pointed you said he was going to clear Mr. DAINES. Madam President, I ask thank the Senator from Montana for the swamp. It is pretty awful when you unanimous consent that following my the unanimous consent request. have been elected by the people—in his remarks, the Senator from Ohio, Mr. CFPB ACTING DIRECTOR MULVANEY case, of South Carolina—and you say: BROWN, be allowed to make remarks This morning, the New York Times If you didn’t give me money, I wouldn’t for about 3 to 5 minutes. reported that Mick Mulvaney, the head talk to you, and if you gave me money, The PRESIDING OFFICER. Without of the Consumer Financial Protection maybe I would talk to you. Can you be- objection, it is so ordered. Bureau—that is the Bureau that saved lieve that? This is a high-ranked, U.S. Mr. DAINES. Madam President, I $12 billion for 29 million American con- Government official who was con- stand here today to urge the very swift sumers who have been wronged, cheat- firmed by the U.S. Senate—at least for confirmation of my good friend, my ed, misled, deceived by banks and other the first job at the Office of Manage- former colleague, the current Director financial service actors. Again, that is ment and Budget. Deciding who you of the CIA, Mike Pompeo, to serve as $12 billion and 29 million consumers will meet with based on campaign con- America’s next Secretary of State. helped by the Consumer Financial Pro- tributions is the kind of pay-to-play

VerDate Sep 11 2014 02:31 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.009 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2405 that makes Americans furious with oners and nearly 50 percent for Federal nality, this is what they do full time. Washington, DC. prisoners. So there is a 75-percent They commit numerous crimes against President Trump got elected because chance that somebody who goes to property and against people. If we can he was going to drain the swamp. State prison will end up going back and reduce the crime rate, we can help President Trump got elected because a 50-percent chance that a Federal pris- them get back on their feet and become he said the system was rigged. Presi- oner will end up going back unless we productive members of society, and we dent Trump got elected because he do something about it. can save money at the same time. It doesn’t want this pay-to-play. Presi- In law school, students are taught strikes me that this is a pretty good dent Trump got elected because this that the bedrock principles of our deal. place needs to be cleaned out. Then he criminal justice system are deterrence, For years I have tried to bring the appoints somebody to be the head of retribution, incapacitation, and reha- successful State-based experiments and the Consumer Financial Protection Bu- bilitation. The reality is that some- models to Washington, DC. That is why reau who only really wants to talk to where along the way, we forgot about I felt it was important to reintroduce you if you gave him campaign money, rehabilitation, and our prisons have the bipartisan CORRECTIONS Act which is fundamentally what he said. literally become a warehouse for peo- with the junior Senator from Rhode Is- If the policy at his congressional of- ple who have been convicted of crimi- land. Senator WHITEHOUSE of Rhode Is- fice has been his policy at OMB and his nal offenses. That reality is part of the land, my cosponsor of this legislation, policy at the Consumer Financial Pro- reason that my State of Texas and sev- and I have very different perspectives tection Bureau, it has corrupted all of eral other States have led the way not on the world. He is a Democrat. I am a his work. It is hard to believe other- just to be tough on crime but to be Republican. I am a conservative, and I wise. Mr. Mulvaney should resign. He smart on crime too. would say he is at least a liberal. I should resign. Texas focused on the important role don’t know if maybe he would call him- Mr. Mulvaney should release his rehabilitation can play by imple- self a progressive. The fact is that we schedule since he has been head of the menting statewide prison reforms to tried this and it works. Rather than Bureau. One of the functions of the help offenders learn to overcome the having the Federal Government and U.S. Senate, of either party, regardless reasons they went to prison in the first the entire country be a laboratory for of the President, is to oversee what ex- place—whether it is a drug or alcohol experimentation when it comes to actly is happening in the executive habit or an addiction, whether it is things like this, isn’t it better to let branch of government, and I think it is simply being unprepared to enter the the States do what they always were important that we see Mr. Mulvaney’s workforce because they dropped out of conceived of being capable of doing, schedule. Who is he meeting with? school or, perhaps, they have some sort which is to be the laboratories of de- What kind of contributions did they of learning disability. mocracy? See what works and then make to him when he was a Congress- By using recidivism reduction pro- take those successful experiments and man? Is he directing money to the Sen- grams like job training or alcohol and scale them up so the whole Nation can ate majority or to the House majority drug rehabilitation and letting pris- benefit—that is what this legislation Members to help Speaker RYAN? Is he oners go to school while they are in does. sending money to political candidates prison to earn a GED or to learn a mar- This bill requires the Department of who have been his allies in trying to ketable skill, Texas has reduced its in- Justice to develop assessment tools emasculate the Consumer Financial carceration rate and crime rate by dou- that will assess the recidivism risk on Protection Bureau? ble digits at the same time. Let me say all eligible offenders. In other words, Mr. Mulvaney should resign. He that again. We have reduced our incar- we are not going to give hardcore mul- should release his schedule. The White ceration rate and our crime rate by tiple offenders—violent criminals—the House should quickly nominate a per- double digits at the same time. benefit of these programs. What we will manent CFPB Director with bipartisan The end all and be all, in my view, of do is to start with the low-risk and support and, may I suggest, a moral our criminal justice system must be to moderate-risk offenders. We have sci- compass. I will say that again. The reduce the crime rate. In other words, entific tools, tests, and the like that White House should quickly nominate whatever else we do, if the crime rate can help us make better decisions on a permanent Director of the Bureau doesn’t go down, we are not getting it who ought to be eligible and who with bipartisan support and a moral right. As a result of the State-based re- should not. compass. Banks and payday lenders al- forms that I am talking about, we have We also shift the Federal Bureau of ready have armies of lobbyists on their actually been able to reduce incarcer- Prisons resources toward those most side; they don’t need one more. ation rates and crime rates too. likely to commit future crimes. In I yield the floor. I must say that when we talk about other words, if we take low-level and The PRESIDING OFFICER (Mr. rehabilitation of prisoners, we are not mid-level offenders and we give them a TILLIS). The Senator from Texas. talking about something we do to way out to turn their lives around and CORRECTIONS ACT them. They have to want it. They have become productive and we reduce the Mr. CORNYN. Mr. President, this to want to turn their lives around, and crime rate, that gives us more oppor- afternoon, the House Judiciary Com- they have to take advantage of the op- tunity to focus on the hardcore violent mittee will begin to consider their portunities we provide them to do so, criminals that are the greatest threat version of a bill I have introduced here because that sort of personal trans- to our communities across the board. in the Senate with the junior Senator formation requires extraordinary com- Focusing on less restrictive conditions from Rhode Island, Mr. WHITEHOUSE, mitment. Again, it is not something for lower risk inmates and focusing on called the CORRECTIONS Act. This the government can do to somebody. the hardcore violent criminals gives us legislation addresses prison reform—an They need to do it for themselves with a chance to concentrate our efforts on issue at the forefront of how justice is the help we provide. the people most likely to commit fu- administered in this country—by focus- By doing so, we found that we can ture crimes and to reoffend. ing on reducing rates of recidivism, or save billions of dollars for taxpayers, Our bill requires the Bureau of Pris- repeat offenders, and ensuring that and we spared countless victims from ons to partner with private organiza- those reentering society can become further criminal activity. You have to tions, including ones that are not-for- productive members of our commu- wonder, from the time somebody comes profit or faith-based, to promote recidi- nities without threatening the crime out of prison to the time they reoffend vism reduction. We have had some very rate. and go back, how many crimes have successful programs in Texas where re- Our efforts here are important, as re- they committed? How many people’s ligious organizations will go into the offense rates in our country remain at lives have changed forever? prisons and offer people a chance, not high levels. In other words, our crimi- Finally, when they get apprehended only to learn the skills they need in nal justice system has become a re- for committing a crime, we tend to order to succeed on the outside but to volving door, with reoffense rates of look at that in isolation, but the truth turn their lives around by recognizing more than 75 percent for State pris- is, for people who live lives of crimi- a higher power in their life. This is the

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.010 S25APPT1 S2406 CONGRESSIONAL RECORD — SENATE April 25, 2018 sort of experience that causes many Are we going to be able to save ev- I applaud the administration and the people’ lives to be transformed forever. erybody? I am not naive enough to Attorney General’s efforts to refocus Again, it is not because of something think that we are going to be able to our criminal justice reforms on the government does to them but because save everybody. Some people are sim- prison reform issue and for their work of what they embraced and have done ply going to have to be incarcerated so far. I am encouraged by Speaker for themselves. and kept off the streets so our commu- RYAN’s meeting with members of the I am more encouraged than ever that nities can be safe, but that is not true President’s staff last week and by the we will see some positive momentum for everybody. Looking at low-level House Judiciary’s action starting on prison reform as the President and and mid-level offenders, doing the sort today. I know it will not end today, but some of his closest advisers see prison of risk assessments I am talking about, they are taking up a version that close- reform as a top priority. Jared giving them access to these programs ly mirrors the CORRECTIONS Act, Kushner, the President’s son-in-law, where they themselves can turn their which I have addressed in these re- had a piece today—I believe it was in lives around while making our commu- marks. the Wall Street Journal—talking about nities safe, and giving them an oppor- I also greatly appreciate the leader- this initiative. He has been a great tunity for a second chance and to save ship of my cosponsor, Senator WHITE- partner, working with House col- money—that strikes me as something HOUSE. I know that other people have leagues and Senate colleagues to try to we need to do. other ideas—perhaps about sentencing make this a priority, as well as urging Every day we fail to act on this issue reform and the like—but in this polit- the President and the Attorney Gen- we allow our prisons in the United ical environment, I am for doing what eral to do so as well. States to become more bloated, more we can do rather than spinning our Earlier this year, the President held inefficient, and more wasteful. State wheels being frustrated about things an important meeting on this subject and local governments spend more we can’t do because there is simply not after 6 months of exploring the issue than $200 billion a year on criminal jus- the political support in the House, the with his team. Attorney General Ses- tice, and a large fraction of that is Senate, and at the White House to get sions attended, as did my friend and spent on locking people up. I know it done. fellow Texan Brooke Rollins, the head there are some people who think we The prison reform bill, I believe—the of the Texas Public Policy Foundation, ought to lock them up and throw away CORRECTIONS Act—is the way to go. whose Right on Crime Program has the key, but that doesn’t happen. Peo- I am looking forward to working with been on the leading edge of those pris- ple get out after a few years. The ques- all of my colleagues in the House and on reforms in Texas and, then, taking tion is, Are they going to be prepared the Senate, as well as the President, to that message nationwide. That meet- to reenter lawful society or will they get this done. ing with the President was very pro- simply go back to the same old life- I yield the floor. ductive. style, reoffend, and end up back in pris- I suggest the absence of a quorum. In my discussions with colleagues on? The PRESIDING OFFICER. The and at the White House since that There are even more consequential clerk will call the roll. time, what we have repeatedly come and less tangible costs on our commu- The legislative clerk proceeded to back to is the idea of taking those suc- nities when people continue to recall the roll. cess stories at the State level and scal- offend, because they don’t find a way Mrs. CAPITO. Mr. President, I ask ing them up into a Federal reform out of their life of crime. There is the unanimous consent that the order for package. cost on strained and broken families, the quorum call be rescinded. Our State began this effort back in on lost incomes and savings, on chil- The PRESIDING OFFICER. Without 2007. A number of States have done the dren who have to grow up without one objection, it is so ordered. same thing. Over the last decade, we or both parents. Those are some of the Mrs. CAPITO. Mr. President, I am closed or consolidated multiple pris- collateral damages of our criminal jus- glad to be here today to be on the Sen- ons, saving significant taxpayer dol- tice system when we don’t take advan- ate floor to rise to urge my colleagues lars. The crime rate has fallen State- tage of commonsense, proven reforms to confirm Mike Pompeo as our next wide, even while our State’s population like I am talking about. Secretary of State. has exploded during that same period When people go to jail, the ripple im- The Senate is an institution built on of time. Something is clearly working pact affects all of us. It affects all of history and tradition. We hear that back home in the Lone Star State. It our families, all of our friends, and all quite a bit as we walk the halls, par- has worked in places like North Caro- of our neighborhoods. Some people ticularly where it comes to confirma- lina, where the Presiding Officer need to go to jail. They need to stay tions. played an important role in the re- there to pay for their crime and to be Confirming the President’s Cabinet, forms in his State, as speaker of the separated or segregated from law-abid- confirming judges, confirming a Su- house. It has worked in places like ing society to keep our communities preme Court Justice, I think, is one of Rhode Island and Georgia, just to name safe. the greatest honors that we enjoy as a few. Again, if we can help address the Senators. That is part of the reason why prison problems by expanding programming Recent Secretaries of State have en- reform has enjoyed such broad bipar- like substance abuse treatment and vo- joyed strong bipartisan support from tisan support. It is an issue that unites cational training, which have been this Chamber during their own con- liberals and conservatives around proven to reduce recidivism, these pro- firmation process. Hillary Clinton was shared principles of saving money, re- grams can help break the vicious cycle confirmed by a vote of 94 to 2. John ducing crime, and successfully reinte- of imprisonment. For people who want Kerry was confirmed by a vote of 94 to grating our citizens into society upon a better life but simply have not found 3. These are overwhelming, bipartisan release. a way out of it, by investing in pro- votes, and it is not because everybody I believe in the essential dignity of grams that focus on job training, edu- in this Chamber agrees with everything every human life. If there is a human cation, drug rehabilitation, and mental Secretary Clinton or Secretary Kerry life we can help salvage by giving peo- health treatment, we can save tax- would have done on most of the foreign ple access to some of these programs payer dollars and lower crime and in- policy questions. The result is the Sen- and by changing the way we look at incarceration rates and decrease recidi- ate’s strong tradition of confirming carceration as—not just a warehouse vism. qualified nominees to represent the where we put people, but also by pro- More importantly, in the end, I think United States on the world stage. This viding people who are willing to take we can help people to change their very crucial position, Secretary of advantage of these programs the oppor- lives for the better. We can give them State, gives the President his or her tunity to turn their life around—it hope and give them some opportunity voice around the world in the diplo- strikes me that we are giving people a and let them accept the power of trans- matic realm. But when it comes to the second chance. It seems to me like the forming their lives and the promise confirmation of this nominee, Mike right and just thing to do. that provides to them and to all of us. Pompeo, many of my colleagues have

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.011 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2407 seemed way too ready to brush aside as a world leader. Now, more than ever, positions that relate to our national this long-held tradition. What is the we need a strong and qualified Sec- security. reason for this? I think you would retary of State. We need a leader to ne- John Kerry was confirmed as Sec- agree with me—the reason is pretty ob- gotiate with North Korea. These nego- retary of State by a vote of 94 to 3. Hil- vious—that it is just flat-out partisan- tiations are coming up rapidly, and we lary Clinton was confirmed by a vote of ship. Partisanship is the only expla- know that Mike Pompeo has already 94 to 2, Condoleeza Rice received 85 nation because it certainly could not developed a relationship. votes when she was confirmed, and be, is not, and will not be the nomi- We need him to counter the Russian Colin Powell was confirmed unani- nee’s qualifications. aggression we see cropping up in other mously. That is the tradition the coun- We have all heard Mike Pompeo’s areas all around this globe. We need a try has always set for this job. re´sume´ by now. His list of experience strong leader to address the chemical My colleague from New York Senator and accomplishments make him more weapons situation in Syria, as tragic as SCHUMER said in 2013—and this is an than qualified to serve as this Nation’s it is. The list could go on and on. exact quote: ‘‘Who in America doesn’t top diplomat. I think some of his quali- And do you know what? Mike think a President, Democrat or Repub- fications are worth repeating. Pompeo is up to this job, and we should lican, deserves his or her picks for who He was first in his class at West give it to him. We should give it to him should run these agencies? Nobody.’’ Point. He was a cavalry officer in the in this Chamber by confirmation. That is end of that quote. That is the U.S. Army and served honorably. He is The American people want Wash- answer to his own question. Appar- a graduate of Harvard Law School. He ington to work. They want us to work ently, that is no longer the answer to was an editor of the Harvard Law Re- together. They want us to work as a that question on the part of Senator view and the Harvard Journal of Law & team. That is how we are set up. So SCHUMER and others. Public Policy. how can that happen if the President Senator Kerry, and later Secretary of After law school, Mike worked at one can’t even get the opportunity to put State Kerry, said in 2009: of the country’s very prestigious and his own team in place? It is essential that we provide the Presi- top law firms before he cofounded a I am going to vote for Mike Pompeo dent with the tools and resources he needs to company where he served as CEO. He to be our next Secretary of State be- effect change. That starts by making sure he then joined another company where, cause I want the President to have his has the national security team he has chosen again, he served as the CEO. team. I want the Nation to have a in place as soon as possible. That was all before Mike was elected strong leader. I want our State Depart- Secretary Kerry and Secretary Clin- to serve four terms in the U.S. House of ment to be functioning as fully, as vi- ton were not confirmed because Repub- Representatives, where I was very for- brantly, and as aggressively as we can licans agreed with every single one of tunate, in my years as a U.S. Congress- around the world in these dangerous their policy positions. They weren’t woman, to serve and work alongside times. confirmed because their colleagues in him and to call him my colleague. With that, I urge my colleagues to the Senate agreed with every one of During his time in Congress, he put partisanship aside and confirm their votes. They were confirmed be- served on the Permanent Select Com- Mike Pompeo as our next Secretary of cause they were qualified to do the job, mittee on Intelligence. Just on the State. and the President, who had nominated title alone, ‘‘Permanent Select’’—it is I yield back. them, deserved to have his team in a committee selected by the Speaker I suggest the absence of a quorum. place to carry out the policies he had and the minority leader—you know The PRESIDING OFFICER. The been elected to carry out. that it is extremely important because clerk will call the roll. Now the same standard should be ex- it deals with all of the Nation’s intel- The legislative clerk proceeded to tended to Director Pompeo, who is emi- ligence. call the roll. nently qualified for the job. Director We know that after he left that posi- Mr. BLUNT. Mr. President, I ask Pompeo graduated first in his class at tion as a Congressman, he became unanimous consent that the order for the U.S. Military Academy at West President Trump’s Director of the CIA. the quorum call be rescinded. Point in 1986, and he served as a cav- By all accounts and by all reports, he The PRESIDING OFFICER. Without alry officer patrolling the Iron Curtain has done an absolutely exceptional job. objection, it is so ordered. before the fall of the Berlin Wall. He revitalized the morale within the Mr. BLUNT. Mr. President, I rise to After leaving Active Duty, Director CIA and put us on even footing on one join the Presiding Officer and others Pompeo graduated from Harvard Law of our core missions. who have been on the floor hoping that School where he edited the Harvard I think it is an impressive list of we will move this week to support the Law Review. This is a man of great ac- qualifications that he has, especially confirmation of Mike Pompeo, who has complishment before he entered poli- when you compare some of our pre- been nominated to be the Secretary of tics. vious Secretaries of State. State. In addition to those things, he also I would ask the question: What does It is a critically important time for ran two successful businesses before he it take for a military officer, a lawyer, the country. I think we heard this was elected to the House of Represent- a CEO, a Congressman, and now a CIA morning in a joint meeting from the atives in 2010. He served in the House Director to get one Democratic vote President of France the importance of from 2010 to 2017. He was a member of out of committee? Why is there such our country and those who agree with the Intelligence Committee. In that pushback on such a qualified nominee? our defense of freedom and security to role, he was at the forefront of infor- I believe it is because of a partisan stand up for that. There are threats all mation that is important to national campaign to obstruct. We have seen it over the globe, and certainly everybody security, ranging from the Iran nuclear on other nominations and certainly on realizes that Mike Pompeo, the current accord to the PATRIOT Act. He under- this one. Director of the CIA, would have the stands these issues. He is a person of This sort of obstruction does not help knowledge he needs to do the job. He significant capacity. Again, maybe our government function. It doesn’t clearly has the experience he needs to most important of all the qualifica- help the career folks over at the State do the job, and he has the support of tions, he was picked by the President Department do their job—and they are the President, whom he would be rep- of the United States who, after this ready. It doesn’t help our country lead resenting. time of working together with Director on the global stage, and it certainly Historically, this body, until recent Pompeo as the Director of the CIA, the doesn’t help the people we serve. years, always dealt with foreign policy President should know exactly what he This is an important time in our Na- as if we were sure that bipartisanship is getting, and, frankly, we should too. tion’s history, particularly around the starts at the water’s edge and partisan- President Trump decided to not only world. You and I just heard the French ship ends at the water’s edge. That nominate Director Pompeo to be the President—the Chief Executive—talk long tradition was always evident, par- Director of National Security, but about the needs of Europe and his ticularly in the Secretary of State’s when he was sworn in—when he was views on terrorism and America’s place job and confirming people to important confirmed, before he was sworn in, 66

VerDate Sep 11 2014 23:34 Apr 25, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.013 S25APPT1 S2408 CONGRESSIONAL RECORD — SENATE April 25, 2018 to 32 was the vote. Fourteen Senate he were elected to two terms. It is un- hopefully, we will begin to look at Democrats, most of them still here—if acceptable. It is ridiculous. It denies these rules and our work more seri- not, they may all still be here—voted the President that counsel he needs of ously. for Mike Pompeo to be the Director of senior leaders, but it also denies the REMEMBERING TED VAN DER MEID the CIA. I would say he is more quali- Senate the floor time it needs to deal Mr. President, I want to pay tribute fied today to be Secretary of State with the issues. to Ted Van Der Meid, a longtime House than he was then to be the Director of If people have watched the Senate in of Representatives leadership staff the CIA because not only has he done the last several years, and particularly member, who died of pancreatic cancer everything he has done up until then, if you have watched it over the last on March 19. but he has understood, from the unique several months, the quorum call that For the 10 years before Ted left the perspective of the CIA, the foreign pol- we so often have—the one I suggested Congress, I worked with him every day icy and the intelligence challenges we we remove ourselves from—is what you the Congress was in session. He was a face every day. see when you turn on the Senate be- great public servant. Ted was emblem- He has taken the responsibilities se- cause we are waiting for a vote to hap- atic of the professional staff that we riously. He has briefed the President pen, the debate of which does not count on here in the Senate and across over and over again. The President occur. the Rotunda in the House of Represent- knows exactly what he is getting and So, later today, the Rules Committee atives. His dedication to the Constitu- Director Pompeo should know exactly I chair will be considering Senator tion, the Congress, and democracy whom he is working for. LANKFORD’s legislation to address these guided his work. SENATE RULES ON NOMINATIONS delays in the confirmation process. All Ted didn’t seek personal glory or Given the numerous challenges we Senator LANKFORD’s resolution does is seek to accumulate vast wealth. In- face here and around the globe, it is to make permanent the same rules stead, he woke up every day working to important that we swiftly confirm not Senate Democrats agreed to in 2013, make the Congress a better and safer just Mike Pompeo but the President’s when they were in the majority. While place for the American people. other nominees. Many of these posi- they were in the majority, a majority He served as a staff member for sev- tions still remain vacant because our of Republicans and Democrats all eral Members, including Jan Meyers colleagues across the aisle have, frank- agreed we would confirm President and Lynn Martin, before serving as the ly, wasted hours and days obstructing Obama’s nominees with debate that general counsel to House Republican the confirmation process. It is way be- more nearly met the likely debate for Leader Bob Michel where he worked on yond any normal way that this has that office. Congressional reform initiatives. been approached. Senator LANKFORD’s resolution would After leaving Leader Michel’s office, Right now, we are in the middle of a simply reduce debate for most execu- he served as the chief counsel for the 30-hour debate. I don’t see that many tive branch offices from 30 hours down Ethics Committee. people debating. We had a big debate to 8 hours and for district judges from When Denny Hastert became Speaker yesterday—at least time was re- 30 hours to 2 hours. By the way, we of the House, Ted became his chief of floor operations and chief legal coun- served—at the insistence of the minor- don’t have to use those 2 hours or those sel. In a wide portfolio, Van Der Meid ity. I think the debate was about 28 8 hours either. If there is no debate, we coordinated with the House majority minutes out of the 20 hours between should always move to the vote, but at leader on all floor activities. He also the time the nominee could have been least the debate time still gives the mi- was in charge of the institutional oper- voted on, and he would have gotten the nority the protection that tradition- same number of votes he got almost 20 ations for the Speaker. ally they have had. When you abuse That institutional responsibility be- hours later, after 28 minutes of debate. the minority protections in the Senate, President Trump’s nominees have came especially important in the con- that is when those protections tend to text of the 9/11 attacks. faced 88 cloture votes. That is the time go away. It was Ted who drove the completion we are in now, where we have a cloture The resolution still would have 30 of the Visitor’s Center that not only vote and then we have this long period hours of debate for the Supreme Court, made the Congress more accessible to of time for theoretical debate that for circuit courts, the courts of appeal the American people, but also made the doesn’t occur. Those nominees have for all the district courts, and for Cabi- Capitol a safer and more secure place faced 28 cloture votes compared to 24 net-level nominees. for the visitors and for those who come total cloture votes in the first entire 2 We are not opposed to debating nomi- to work here every day. Ted was also years of the 6 previous Presidents com- nees and really debating them. I think involved in the potentially critical bined. So there was an average of four the opposition here is we are opposed continuity of government discussions cloture votes for those Presidents in to not debating and using up time sim- that overshadowed other concerns in their first 2 years. President Trump ply as a delay tactic, where the result 2002. has had 88 cloture votes in less than a would be the same, whether you voted When Ted retired from the Congress, year and a half. in 30 minutes or 30 hours. he eventually went to work for the Pew Something is happening differently Now, remember, this is the same Charitable Trust, where once again he than has ever happened before. It takes framework the Senate passed by a vote devoted his time in seeking to make an average of 85 days for the Presi- of 78 to 16 in 2013. Fifty-two Democrats this institution work better for the dent’s nominees to be confirmed once voted in favor of this exact same reso- American people. In particular, he they get to the Senate, 20 days longer lution in 2013, including the current helped to establish forums where staff than President Obama’s nominees. The minority leader. Senator LANKFORD’s from a diverse set of Members got to other difference with President proposal would make that framework know each other in more causal set- Obama’s nominees is, we didn’t stop all permanent. It would allow the Senate tings. It was Ted’s view that the better the work in the Senate during the 60 to expedite the confirmation process staff and Members knew one another, days that we were having hearings, for the President’s well-qualified nomi- the better they could find common getting the nomination ready for the nees. It would also allow the Senate to ground and make progress on behalf of floor. We didn’t do exactly what we are get to the other work that the Amer- the voters. doing right now, which is fully taking ican people expect the Senate to do and Ted was taken away from us much advantage of every right the minority have every reason to expect the Senate too early. He fought the good fight and has to insist on debate. The only thing to do. always thought about how he could missing in that debate is the debate. At So, today and tomorrow, we will con- make this Congress and this country a the rate we are going, it would take tinue this process of waiting for the better place for all Americans. more than 9 years to confirm all of the vote on the nominee to be Secretary of I yield the floor. President’s nominees. This would be 9 State; again, a vote that, prior to re- The PRESIDING OFFICER (Mr. COT- years of his 4-year term. If he didn’t cent times, would have occurred right TON). The Senator from Idaho. nominate anybody else, this would be after the report was out and Members Mr. RISCH. Mr. President, I rise to longer than the President would have if knew what they were going to do. So, speak about the nomination of Mike

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.014 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2409 Pompeo to be our next Secretary of Director Pompeo is more than quali- South Korea, and we don’t have a dip- State. fied to serve as Secretary of State. In lomat on the scene to try to make sure By now, we have all heard about Di- fact, at this point, because of his serv- that the United States is well rep- rector Pompeo’s accomplishments: ice at the CIA, Director Pompeo is resented. first in his class at West Point, U.S. uniquely positioned to be a very suc- The Department is also hem- Army officer, graduate of Harvard Law cessful Secretary of State. No other orrhaging top staff. Under Secretary School, editor of the Harvard Law Re- place in our government provides more Tom Shannon—one of the most review, successful businessman, and insight into the inner workings of spected—is scheduled to leave soon. It Member of Congress. It is rare that a other countries than the work of our is no surprise this is happening. Presi- nominee to this position has had so intelligence agencies. The CIA is cer- dent Trump has repeatedly proposed many diverse accomplishments. tainly one of the top intelligence agen- dramatic, irresponsible cuts in the Some of my colleagues who are op- cies, and Director Pompeo, in his serv- budget of the Department of State. His posed to Director Pompeo argue that ice, has had access to and indeed di- administration has kept top diplomats he will not deliver tough messages to rected the work of the CIA and has a out of key discussions and delibera- the President or outline all of the pol- very deep and profound understanding tions. How, at a time of such inter- icy options. They argue that Director of the other nations in the world, and national unrest in this dangerous world Pompeo is a hawk who would prefer that applies particularly to the trou- we live in, can we be diminishing and armed conflict to diplomacy. I find bled spots in the world. He is uniquely demoralizing our topline diplomats? these comments disappointing. That qualified because of this experience to How can that be a smart way to keep has not been my personal experience serve as Secretary of State. America safe? with Director Pompeo. In addition, We have often used the phrase ‘‘poli- I have been hoping someone would military officers are frequently the come along to right the ship at the tics ends at the water’s edge’’ to signal last ones to seek a military solution to State Department—someone to draw that our domestic political differences a foreign policy challenge because they on this amazing reservoir of American do not erode our diplomats’ strength know firsthand the cost of war. On the talent in the areas of diplomacy and overseas. I hope that this vote does not other hand, they also know that with- foreign policy, someone to make sure change what has been a longstanding out strength, no amount of diplomacy our best diplomatic efforts are pro- goal for our diplomatic efforts. will be able to stop an authoritarian jected to prevent conflict and to fur- I urge my colleagues to thoughtfully dictator. ther American interests, someone who consider support for Director Pompeo. I believe Director Pompeo’s recent could be a proud face of America I yield the floor. trip to North Korea highlights how ef- The PRESIDING OFFICER. The as- around the world. fective and committed he is to pur- It was in this context and with this sistant Democratic leader. suing diplomatic opportunities. He not challenge that I met with Mike Mr. DURBIN. Mr. President, I ask only defended core U.S. interests, but Pompeo. He and I have met and had se- unanimous consent to be recognized as he also moved the United States and rious and challenging discussions be- in morning business. North Korea closer to negotiations. fore, notably when he was nominated The PRESIDING OFFICER. Without Maximum pressure, combined with a to be Director of the Central Intel- objection, it is so ordered. willingness to talk, is working right ligence Agency. We met again a few Mr. DURBIN. Mr. President, what now. weeks ago. It was a good, candid con- has happened to the State Department I also want to address the issue of versation. He seemed to understand the under this administration is almost communication with Congress. I have desperate situation at the State De- impossible to imagine. What we are heard claims about information not partment and that the State Depart- seeing there is a devastation and a dec- being shared with the Hill. As a mem- ment’s top experts should be included imation of the resources of a great part ber of the Intelligence Committee, I in key administration discussions. have worked with Director Pompeo of our government, one of the most im- This conversation left me in the regularly and can personally vouch for portant parts. It is a small percentage same place, I believe, that Senator of our budget, but the work done by the his accessibility and candor. Having MENENDEZ pondered at the end of worked with a number of CIA Directors State Department is critically impor- Pompeo’s Foreign Relations Com- over the years on the Intelligence Com- tant in maintaining the position of the mittee hearing: Who is the real Mike mittee, I can personally attest that Di- United States around the world, pro- Pompeo? rector Pompeo is at the top of the class jecting our image—our values—where You see, I find it hard to square the for being open and straightforward. we can, helping the helpless in parts of reasonable man I met with the other I would also like to address the issue the world where many countries come day with some of his actions and com- of bipartisanship. Since coming to the to their aid. ments. For example, has Michael Senate a decade ago, I have had the Under this administration in the last Pompeo completely renounced the use chance to vote for three Secretaries of year, we have seen things happen that of torture? He said he would not obey State. Mr. Pompeo will be my fourth. are unimaginable. When it gets down an order from the President to use tor- In each case, I have supported the to the basics, key posts are unfilled at ture. Let me add it is tragic that we President’s nominee to serve as Sec- the State Department. There are more have a President who brags about using retary of State. President Obama’s than 30 vacancies in ambassadorial po- such illegal, abhorrent, and un-Amer- choices for Secretary of State would sitions. Don’t blame Congress for it. In ican approaches, but we still have to certainly not have been my choices. In many cases, they have not even sent us worry about this. Contrast that with the case of Secretaries Clinton and the names of the nominees. Mr. Pompeo’s previous defense of Kerry, there were numerous issues Can anyone here believe that we still waterboarding or his jarring comments where we had substantial disagree- do not have an ambassador from the about the 2014 Senate Intelligence ments. I believed that as to the Sec- Trump administration to South Korea? Committee’s torture report when he retary of State, however, the President South Korea? We spend time talking said ‘‘Senator Feinstein [today] has was entitled to deference as to his about the Korean Peninsula and the fu- put American lives at risk’’ and that choice, and that choice deserved bipar- ture of the Korean Peninsula, and this the intelligence operatives whose acts tisan support because their credibility President cannot find an ambassador were scrutinized were ‘‘heroes, not as the top diplomat is strengthened by to represent the United States in pawns in some liberal game being bipartisan support. South Korea. What is the possible ex- played by the ACLU and Senator Fein- Another important factor is that, planation for this? He can’t blame any- stein.’’ with Secretary Pompeo, world leaders one but himself. He has not sent us a Or what about Mr. Pompeo’s associa- will know that he speaks directly on nominee to even consider. tion with prominent anti-Muslim fig- behalf of the President—something We are faced with a nuclear-armed ures in the United States, like Frank that has been an issue in the past. This North Korean dictator. We have 28,000 Gaffney? The Southern Poverty Law quality is very, very important for a American U.S. military personnel who Center calls Mr. Gaffney one of Amer- Secretary of State. are literally risking their lives in ica’s most notorious Islamophobes. For

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.017 S25APPT1 S2410 CONGRESSIONAL RECORD — SENATE April 25, 2018 example, Gaffney favors congressional DACA. As a result, hundreds of thou- their renewal applications are being hearings to unmask subversive Muslim sands of immigrants who came to the considered. It means tens of thousands conspiracies and was even banned from United States as children, toddlers, and of DACA-eligible individuals could be the far-right Conservative Political Ac- infants—known as Dreamers—face los- forced to leave the jobs they have— tion Conference events after accusing ing their right to stay here without such as teachers in our schools or even two of its organizers of being agents of being subject to deportation and the in our military—because of the chaos the Muslim Brotherhood. Yet Mr. right to legally work in America. that has been created by President Pompeo appeared on Mr. Gaffney’s DACA provides temporary legal sta- Trump’s decision. radio show at least 24 times between tus for Dreamers if they register with Consider the fate of Dreamers who 2013 and 2016. the government, pay a substantial fee, are eligible for DACA but have never What about when Mr. Pompeo used go through a criminal background quite reached that status. Until this his position on the House Intelligence check, and return every 2 years for re- decision is made in the court hearing Committee to accuse then-Secretary of newal. It has been a great success. in the District of Columbia, they can State Clinton of orchestrating a wide- More than 800,000 Dreamers have come no longer apply for DACA protection ranging coverup of the Benghazi at- forward and received DACA protection. because of President Trump’s decision tacks that ended in the tragic loss of When President Trump repealed to prohibit new applications after Sep- American lives in Libya? Is there any- DACA 7 months ago, he set an arbi- tember 5 of last year. one here who believes for a minute that trary March 5 deadline of this year for The nonpartisan Migration Policy In- was not a political witch hunt, which Congress to act and replace it. We stitute estimates that—in addition to in part led to the further discrediting tried. We offered to this President six 800,000 DACA recipients—there are an of the critical congressional committee different bipartisan alternatives to additional 1 million Dreamers who are involved—a committee that, inciden- continue the DACA Program. He re- eligible for DACA. President Trump’s tally, has lost all legitimacy in the jected every single one of them. He cruel decision to end DACA means that current investigation over Russia’s in- sent to Congress his own plan for deal- some 1 million DACA-eligible people volvement in our election? ing with immigration. It received 39 cannot even apply. On September 5, President Trump I face this decision on Mr. Pompeo votes in the U.S. Senate—39. Remem- called on Congress to legalize DACA. with real concern. There are many pol- ber, there is a Republican majority of As I mentioned, he has refused to ac- icy issues on which Mr. Pompeo and I 51. The President struggled to get his cept six different bipartisan approaches might disagree, notably on the Iran nu- own party to support his ideas on im- that would. He even rejected one ap- clear agreement. I asked him point- migration. proach that offered $25 billion for his blank: What do you think is going to Luckily, a Federal court stepped in infamous wall on the Mexican border. happen to this nuclear agreement to and issued an order blocking President Instead, the President has tried to put stop the Iranians from developing a nu- Trump’s repeal of DACA. This means the entire hard-line immigration agen- clear weapon? those Dreamers who have DACA can da on the backs of DACA recipients. His conjecture was that this Presi- continue to apply for renewed status. I It is not working, for 85 percent of dent would walk away from it and hope certainly urge every DACA recipient to that our European allies, who also the American people are on the side of file for renewal as quickly as possible. these young people who were brought signed on to this agreement, would en- There was a ruling yesterday, as well, to the United States as kids, children, force it. Does that sound like a cogent in one of the DC district courts which infants who grew up in this country, foreign policy for a leader in the world also said that perhaps the President’s pledging allegiance to that flag, and like the United States? actions on DACA can be questioned, wanting to be part of our future. There Our Nation desperately needs some- and he gave the government 90 days to one to bring leadership to the State are 85 percent of Americans, including produce evidence of what authority the many Trump voters, who believe that Department, but torture, President used to reach that conclu- Islamophobia, and wild political con- is the right and fair thing to do, but a sion. handful of hard-liners in this adminis- spiracy theories don’t seem to mesh The Trump administration is doing tration are determined to exact a pun- with being our Nation’s top diplomat everything in its power to fight this in- ishment on these young people and from where I am standing. junction, and it could be lifted any day. their parents. That is why we find our- I will vote against Mr. Pompeo’s We don’t know when the courts will nomination. I sincerely hope I am selves in this situation today. turn and make a decision. This means I have come to the floor more than wrong about this nominee. I believe he there is still an urgent need for Con- 100 times to tell the individual stories will be approved by a very small mar- gress to act to overcome the decision of of these Dreamers. I do that today as gin. I hope he will, in the end, uphold the President of the United States of well. our Nation’s laws and values when it last September 5. This is Karina Macias. She is the comes to torture, tolerance, and inter- Last week, the Department of Home- 114th Dreamer whose story I have told national cooperation. I hope he will land Security released updated statis- on the floor. make sure diplomacy is exhausted be- tics on DACA. It shows, as of March 31, At the age of 3, her family brought fore we turn to yet another war and, in more than 32,000 DACA renewal appli- her to the United States from Mexico. particular, that he will resist John cations are pending. Of these pending She grew up in East Palo Alto in Bolton and others who are notorious renewal applications, more than 9,000 Northern California. She loved to read for wanting to rush into military con- were from recipients whose DACA pro- and spend her afterschool time and flict. I hope he will listen carefully to tection had already expired, and tens of summers at the local Boys & Girls Secretary Mattis at the Defense De- thousands more Dreamers have DACA Club. Karina was an excellent student, partment—someone I supported and protection due to expire very soon. and she received numerous awards in someone I trust. I hope he will be clear The President has created chaos, not high school, including the Mount Hol- to this President, as the man who is just in the White House but clearly at yoke Book Award, the AP Scholar the Secretary of State in his adminis- the Department of Homeland Security Award, and a Rotary Club Academic tration, that climate change and Rus- as they try to respond to his decisions. Achievement Award. She was the co- sia are truly threats to our Nation and Secretary Nielsen of DHS has promised editor of her yearbook and copresident well-being. Doing this will help me and has said publicly that she will of the Community Service Club. She strengthen America’s leadership not be party to deporting any DACA re- volunteered as a tutor and worked as a abroad and help build greater trust and cipient with a pending DACA applica- volunteer in food distribution centers. cooperation in Congress. tion, even if their DACA status has ex- She attended Saint Mary’s College of DACA pired. We will hold her to that commit- California, where she continued to Mr. President, on September 5, the ment. excel academically and to receive Trump administration announced its However, for DACA recipients whose many awards. In May 2016, she was repeal of the Deferred Action for Child- status has expired, they are not going awarded a bachelor’s degree in commu- hood Arrivals Program, known as to be given any work permits while nications.

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.018 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2411 She works today as a project man- Our alliance has spanned centuries be- way anymore.’’ The only interest ager at a biotechnology firm. She vol- cause of diplomats who have cultivated seems to be obstruction—obstructing, unteers with the Peninsula College the close relationship that the coun- delaying, resisting anything the Re- Fund, where she organizes career devel- tries continue with today, and it is a publicans, under President Trump, are opment and college success workshops. shame we didn’t have a Secretary of trying to do, anything he is trying to She tutors elementary students and State of the United States who could do in terms of getting his team in mentors middle school youth who com- have helped us welcome the French place—a team he needs. pete in local science competitions. President during his visit here. We How does someone justify a vote for What is her dream for the future? have a nominee who is eminently these two people to be Secretary of She wants to pursue an advanced de- qualified—Mike Pompeo—and Repub- State—the Democrats and Republicans gree so she can become a biotechnology licans are ready to confirm him right who voted for these two—and then turn researcher. now. We were ready to confirm him around and not vote for Mike Pompeo? Here is what she wrote in a letter to last week. We are ready for him to get How can you justify that? I certainly me: to work in maintaining and strength- cannot. DACA is my hope for a future in which, ening relationships around the world. When Mike Pompeo was nominated with hard work and perseverance, I can Under previous administrations, we to be the Director of the Central Intel- achieve any dream imaginable. It’s my pro- could have brought the nomination to ligence Agency, 15 Senators from the tection from being ripped away from the only place I’ve known as home. It’s the the floor of the Senate without needing other side of the aisle were willing to promise to my baby brothers—both U.S. Citi- to waste all of the time and the delays, set aside partisanship. They knew he zens—that I’ll be around to watch them ma- by the Democrats, on a cloture vote. was qualified for the job—first in his ture into exceptional young men. It’s the That is how we used to treat important class at West Point, the Harvard Law ticket that allows me to be a contributing national security positions like the Review, his activities as a Member of member of society. I credit my success to the Secretary of State but no more, appar- Congress. Everything he has done as endless support I have received from so many ently. That is what happened even the CIA Director has shown that those sources. I want to give back so my fellow 15 Senators made the right call to sup- Americans have the opportunities to achieve when Senators disagreed with the ad- their dreams. ministration’s foreign policies. port him over a year ago. They made What a tragedy it would be to deport Consider Secretary of State Hillary the right call to join the Republicans this young woman. Why would America Clinton and Secretary of State John and to respect the traditions of the do that? What sin has she committed? Kerry. The Republicans and Democrats Senate—to put qualified people on the What crime is she guilty of? Who will agreed that the President deserved to job even if they may not have agreed feel so good to see her leave America? have the team he wanted—the people completely with their philosophies on It will certainly not be the many peo- he wanted—on the ground helping him. political issues. ple whom she currently works with and We all agreed some of these positions There is no reason other than pure serves in her community. were very important to national secu- partisan politics that any of these That is what we face because of rity—so important that, in a bipartisan Democrats would vote against Mike President Trump’s decision to end way, we felt that playing political Pompeo now. He is eminently quali- DACA. That is what hundreds of thou- games with them was just wrong. Ap- fied. He showed during his confirma- sands of young people face every single parently, that has changed in the eyes tion hearing—he went through 5 hours day, who are just like Karina, because of the Democrats now that Donald of questioning—that he has the intel- of this President’s personal, unilateral Trump has been elected President of ligence, he has the integrity, and he decision. President Trump created the the United States. has the experience to serve as our Na- DACA crisis we face today. When Barack Obama became Presi- tion’s Secretary of State. Instead of working toward a solution, dent in 2009, the Republicans didn’t ob- Turn to the newspapers. You have a few hard-liners around him have sab- struct his nomination of Hillary Clin- the Washington Post coming out, writ- otaged every effort to help the Dream- ton to be Secretary of State. No. She ing: ‘‘Confirm Mike Pompeo.’’ You ers. In fact, the President quickly adds: was confirmed by a vote of 94 to 2. have USA TODAY coming out today Don’t use the word ‘‘Dreamer.’’ He Then, when President Obama nomi- and writing: ‘‘Confirm Mike Pompeo.’’ doesn’t like that word. It is why I have nated John Kerry for the job in 2013, We even have the New York Daily used it so often today. I introduced the Republicans didn’t slow down or News—the hometown newspaper of the that DREAM Act 17 years ago, and I block that choice either. He was con- leader of the Democratic Senate—com- am glad it has become common par- firmed by a vote of 94 to 3. The Repub- ing out and writing: ‘‘Confirm Mike lance in America when referring to the licans had serious concerns about Pompeo.’’ plight of these young people. President Obama’s foreign policy ideas, The Democrats in the Senate don’t Congress needs to do its job; most his strategies, his approach, but we seem to care. It doesn’t seem like they importantly, the President needs to do confirmed the people whom he wanted are interested in doing the right thing. his. If he truly wants to lead this Na- as his Secretary of State. We did not They are interested in obstructing and tion and bring us together, if he wants obstruct these nominations, and we continuing the history of the delib- to stand for fairness and justice and didn’t try to tarnish the reputations of erate delays we have seen with them the opportunity for young people to the people whom he picked for these through this administration. They make America better, then this Presi- important jobs, not at all. have been doing it since the very first dent has to step up and admit that the I think the Senate does have an obli- day of the Trump administration. At problem he created on September 5 of gation to carefully evaluate a Presi- this rate, it would take more than 9 last year can only be solved if he dent’s nominees. When those nominees years to confirm all of President stands up and shows the courage and are qualified and capable, then the Trump’s nominees for important jobs. determination to find a solution. President has every right to have his Why? The Democrats can’t offer a sin- I yield the floor. team and have his team in place quick- gle good reason. The Senate has been The PRESIDING OFFICER. The Sen- ly. That was the standard the Repub- forced to waste huge amounts of time ator from Wyoming. licans applied to these Democratic in confirming nominees who aren’t Mr. BARRASSO. Mr. President, ear- nominees for Secretary of State under even controversial at all. lier today, we heard the French Presi- a Democratic President. When Senate Democrats try to block dent address a joint meeting of Con- What has happened since then? Why the President from filling important gress. He reminded us that the French has all of this changed since then? national security jobs, they are putting and American people have always We now have a Republican President, America’s security in danger. We all fought side by side to defend our com- and we have a Republican nominee to know the world is a dangerous place mon values. France was our original be Secretary of State. It seems the and is getting more dangerous every ally during the American Revolution. Senate Democrats have tossed out the day. Our adversaries are opportunistic. Americans fought and died in France way things have always been done be- Our adversaries are aggressive. Our al- during World War I and World War II. fore. ‘‘No, we do not want to do it that lies are eager to work with the United

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.020 S25APPT1 S2412 CONGRESSIONAL RECORD — SENATE April 25, 2018 States. That is what the President of ure those programs, how are those pro- We bring it to the floor today to ask France told us today. grams measured—if we want to find unanimous consent to move this across Have the Democrats already forgot- out those very basic things, we have to the floor of the Senate today, to be ten the atrocities we saw in Syria a few go to the GAO office to make a request, able to get in place what President weeks ago? It was France and Great and 18 months later, we will get an an- Obama asked for, what President Britain that joined the President of the swer back on that specific thing. Trump has asked for, what the Govern- United States in launching airstrikes This is something that every agency ment Accountability Office has asked against Bashar Al-Assad’s chemical either already has or should have but for, what all Members of the House of weapons facilities. that the American people can’t see, the Representatives have asked for, and We need to be able to maintain the Congress can’t see, and, quite frankly, what Senator MCCASKILL and I are ask- relationships that allow this kind of the individuals within the agencies ing for. action to occur. We need people on the also cannot see. With that, I yield to Senator MCCAS- job who can both encourage our allies This is a straightforward concept. We KILL. and deter our enemies. The Senate call it the Taxpayers Right-to-Know The PRESIDING OFFICER. The Sen- Democrats have to decide what is more Act, and it is something Senator ator from Missouri. important to them—protecting Amer- MCCASKILL and I have worked very Mrs. MCCASKILL. Mr. President, I ica’s national security or appeasing the hard on. It is something that passed come today to join my colleague from extreme liberal, far leftwing of their out of the Homeland Security Com- Oklahoma to ask unanimous consent party. mittee unanimously. This is a bipar- that we take up and pass S. 317, the I understand if there are Senators tisan bill. In fact, to show you how bi- Taxpayers Right-to-Know Act. who have principled reasons for object- partisan it is, this passed in the House I want to thank Senator LANKFORD ing to this nominee or any nominee. of Representatives last session 413 to 0. for his continued hard work on this They can vote no but not continue to Not a single House Member voted bill. Senator LANKFORD has been work- hold up or slow down the process as against this proposal, but it wasn’t ing on this bill since his days in the they have done for a year and a half. I able to pass in the Senate. So Senator House, and I worked hard to move this think, if a Senator is against a nomi- MCCASKILL and I brought it up again bill with his predecessor, Senator Tom nee, then come to the floor; state the this year. It came unanimously out of Coburn, to try to get this through the objection; cite the evidence; vote no. committee; it also has been through Senate before he left the Senate. Hope- Yet that is not what many Democrats the House of Representatives. In Janu- fully, we can get it across the finish here are doing with their obstruction ary of 2017, it passed unanimously in line, if not today, in the near future. of one nominee after another, and it is the House of Representatives again. American taxpayers deserve a gov- not what they have done with their ob- This is not a controversial piece of leg- ernment that can tell them how their structions of hundreds of nominees. islation. money is being spent. This is all this For them, it doesn’t seem, at least to What is interesting is that Senator bill is trying to do. It is not com- me, to be a principled stand. It seems MCCASKILL and I did a lot of work with plicated. It is trying to get important to be a reckless political stunt. President Obama’s Office of Manage- information to the people who are pay- I listened to my colleagues on the ment and Budget to make sure there ing the bills. Don’t they have a right to Foreign Relations Committee the other were no concerns. They had some con- know where all the money is going? evening when we voted on this nomina- cerns, so we made some changes, and It improves a publicly accessible on- tion. I listened to the Democrats speak President Obama’s Office of Manage- line database with information about on the floor and speak to the press. ment and Budget signed off on this and Federal programs, including the fund- Frankly, I have not heard a single good said it would be a helpful document. ing information for the program and reason to delay the Senate’s consider- We have now worked with President the activities it comprises; the author- ation of Mike Pompeo to be Secretary Trump’s Office of Management and izing statutes and relevant rules and of State. The Democrats need to stop Budget, which also signed off on this regs; the individuals a program serves; the games, stop the delays, allow us to proposal and said that this would work. the employees who work to administer move immediately to vote on his nomi- We went to the Government Account- it; and copies of recent evaluations or nation, and get President Trump’s Sec- ability Office, the entity we asked to assessments provided by the agency, retary of State, Mike Pompeo, on the help us find duplication, waste, and in- inspectors general, or the Government job. efficiency in government, and in a Accountability Office. Thank you. hearing we asked Gene Dodaro, the The truth is, much of this informa- I yield the floor. head of GAO, a simple question: Would tion, including the program inventory The PRESIDING OFFICER. The Sen- it be a help to have the Taxpayers itself, is already required by the Gov- ator from Oklahoma. Right-to-Know Act? You have the abil- ernment Performance and Results Act, UNANIMOUS CONSENT REQUEST—S. 317 ity to see all agencies. Would this be a or GPRA. It passed this body by unani- Mr. LANKFORD. Mr. President, Sen- help to you? His exact response: mous consent in 2010. But the current ator MCCASKILL and I rise to have an I would urge the Congress to complete pas- program inventory under GPRA is a opportunity to pass a bill and for the sage of that bill— mess. It is virtually useless to help Senate to do some work on a bill that meaning the Taxpayers Right-to-Know lawmakers understand whether these has been around for several years and Act— programs are actually working as intended or whether they are a payroll just hasn’t been able to go over the fin- and send it to the president for signature. I ish line. We would like to see that fin- think that it would make a huge difference without a purpose. ish today. in identifying overlap, duplication, frag- This bill adds a few additional infor- It is a bipartisan bill with a very mentation in the federal government and mation requirements to the program straightforward concept. Right now, if provide a better accountability tool to the inventory and makes it much easier to any agency head or any sub-Cabinet in- Congress and the agencies. It’s severely lack- compare apples to apples, which is dividual or any individual within the ing. what we need to do when we are mak- government wants to see what another That is from the head of the Govern- ing funding decisions. agency is doing, they have to go to the ment Accountability Office, the one we Senator LANKFORD and I have agreed Office of Management and Budget. have asked to help us find these things. to a number of changes to this bill, They would do a study—and get it back He is saying that he needs this tool. We raised not only by President Obama’s to them—to find out if the program need this tool. The agencies need this administration but also President they are doing exists somewhere else. tool. Trump’s administration and by leaders If any Member of this body or of the President Obama’s team signed off on in this body. There were some concerns House wants to find out about an agen- this. President Trump’s team has expressed to us that OMB could use the cy and such straightforward things as signed off on this. It has passed unani- information to punish agencies by how many employees they have, what mously out of the House of Representa- holding up rules and holding up budget programs they are doing, if they meas- tives. requests. I have news for everybody.

VerDate Sep 11 2014 02:14 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.021 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2413 They can already do that; they have lacking the provisions in the bill pro- bureaucracy, not less, and can well be the ability. But just because they can posed by my colleagues but because it used by someone who believes in slash- do it now, we have agreed to include a is virtually impossible to do in the way ing programs of all kinds to delay clause which says that nothing in this that you would do it in other far more them, fail to implement them, and not bill gives OMB any additional author- different and simple things—in a fac- deliver the services that so many ity whatsoever, other than what is tory that makes widgets. Americans need. I strongly object. needed to comply with the require- This bill would go further and make The PRESIDING OFFICER. Objec- ments of this bill. I can’t imagine any- it even more difficult to publish the in- tion is heard. thing clearer than that. ventory they already haven’t been able The Senator from Missouri. We have added caveats to make it to publish. Neither the Director of Mrs. MCCASKILL. Mr. President, easier for programs and agencies to OMB under President Obama nor the Senator SCHUMER is just flat wrong. He comply with the requirements of this Director under President Trump has is just wrong about this bill. There is bill. complied with the existing law. nothing in this bill that gives the OMB I have to tell you, this is what drives I further have serious objections with Director any additional power. There is the American people crazy. Different the reporting requirements. How can nothing in this bill that gives him any from private business, somebody an agency, for instance—and this additional tools to delay or cut pro- around here could have a good idea and would happen on a thousand occasions grams. In fact, we specifically put that we can legislate a new program, but under this law—quantify the number of language in at the request of the mi- going back and determining whether individuals who benefit from the Com- nority floor leader, that this would that program is actually delivering on munity Development Block Grant Pro- give the OMB Director no additional the goals that were stated and believed gram? If one neighborhood is revital- tools. in at the time the legislation was ized, maybe it benefits the neighboring Frankly, I remember when we were having the discussions under the passed—we are really not very good at neighborhoods. What if they put that Obama administration. Many of my that. That is what this bill is about. number in, and the OMB Director says: It will give us the tools to require Oh, no. That is all wrong. There is no Republican colleagues were worried that these programs and agencies at way to do that. that this would be a way for the Obama least have information as to whether How about this: Is there a threshold administration to somehow have more power than we want them to have. they are working—how much money to the number of people that is too The bottom line is, we have the they are spending, what they are try- many to administer a program that power in the legislative body to decide helps disabled Americans get appro- ing to do. Why are we hiding behind a which programs get funded. We are the priate schooling or access to maddening bureaucracy when we can people who appropriate government healthcare? These types of questions simplify things with the technology funds. Shouldn’t the taxpayers and could fill volumes and volumes. There that is available today? Frankly, if we Members of Congress have an easily ac- is no good answer to them, there is no can’t defend these programs and justify cessible way to get good information clear answer to them, and this law will how we are spending taxpayer money, about a program? we should be shutting them down. not make it any easier to discern By the way, no one is saying that I urge my colleagues to commit to which programs are working and which anybody has to draw certain conclu- and support this good government programs are not. sions from the facts that would be on transparency bill. I am worried that I have a great deal of worry, particu- this website. We are only asking that there is an objection. I am disappointed larly, to be honest, with Director the facts be put on the website. It is there will be an objection from the Mulvaney. If you saw the budgets that not nefarious. There is no plot here. I leader of my own party. That is dis- Director Mulvaney has submitted to don’t want to hurt CDBG, and neither appointing to me, but it doesn’t change this Congress—he has eliminated just do all of the House Members who voted my commitment that this is the right about every potential program. He is a for this. Not one Democratic House thing to do. scourge. He was one of the 10 most con- Member objected to this bill. Mr. President, I ask unanimous conservative Members of the House when So I have to respectfully say that sent that the Senate proceed to the im- he was there. He eliminated programs Senator SCHUMER is wrong about this mediate consideration of Calendar No. necessary in my State to keep the De- legislation. He is wrong about what it 43, S. 317; that the committee-reported partment of Defense going, to help our would do. It is the right thing for good amendment be withdrawn; that the nuclear weapons stay strong. He zeroed government. It is the right thing for Lankford substitute amendment at the them out; he didn’t just cut them. Can transparency. I am going to keep work- desk be considered and agreed to; that you imagine if he got his hands on ing at it until hopefully we can either the bill, as amended, be considered this? He would use this bill not for the convince every Member to let this go read a third time and passed; and that purposes my colleagues intend but to by unanimous consent or until we get the motion to reconsider be considered basically hold back money, punish, and an opportunity to get a vote on it on made and laid upon the table. in other ways delay very necessary pro- the floor, where I am confident it The PRESIDING OFFICER. Is there grams that 90 to 95 percent of this Con- would win by an overwhelming num- objection? gress agrees to. I am concerned that ber. The Democratic leader. this legislation, left to the implemen- The PRESIDING OFFICER (Mr. Mr. SCHUMER. Mr. President, re- tation and oversight of a man so hos- TOOMEY). The Senator from Oklahoma. serving the right to object, I certainly tile to government services up and Mr. LANKFORD. Mr. President, I have a great deal of respect for my down the line, whose budgets have been could not more wholeheartedly agree friends from Missouri and Oklahoma dramatically and repeatedly rejected with my colleague from Missouri. and their desire to increase trans- by Democrats and Republicans alike in What is surprising to me is that Sen- parency in government. I share that the House and the Senate, would be ator SCHUMER’s objection to the tax- goal. But, respectfully, the legislation used for ill, not good. The potential payers right-to-know bill was that the they are proposing, I believe, would un- downside to this legislation far exceeds taxpayers would actually find out in- dermine and potentially threaten im- the potential upside, dramatically. formation that he doesn’t want them portant programs administered by the I cannot in good conscience support a to find out. That is the surprising part. Federal Government. bill that would give Mr. Mulvaney I am grateful to be able to get his an- The idea of requiring the government more tools to slash Federal programs swer because over the last 6 months, to publish an inventory of Federal pro- that almost every American would our staff—Senator MCCASKILL’s and my grams is not something I object to. As agree serve the public good. staff—has worked with his staff every my friend from Missouri has stated, it In conclusion, I support the goal of month. We have made 27 changes and 6 is already required under the law, but this bill, which is to provide more revisions over the last 6 months. In the it is such a cumbersome thing to do transparency to taxpayers, but I be- last month, we have gotten radio si- that for 7 years they have not pub- lieve it will not. It will confuse things, lence—nothing from Senator SCHU- lished an inventory, not because it is delay things, provide more layers of MER’s staff. So we finally brought it to

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.023 S25APPT1 S2414 CONGRESSIONAL RECORD — SENATE April 25, 2018 the floor and said ‘‘What is the prob- Senate needs more comity. I would To give a sense of just how deadly lem?’’ because we can’t seem to figure agree. poppy seed tea can be, a lethal dose of out what the problem is. We learn The House approved this unani- morphine is about 200 milligrams, but today that the problem is that he mously. Our committee approved this researchers at Sam Houston State Uni- doesn’t want the program inventory to unanimously. It has come to the floor versity, commissioned by the Hacalas, be public because if the American peo- and has but one person who believes concluded that there were about 6,000 ple and the Congress and the Office of that the American people should not milligrams of morphine in that 5-pound Management and Budget see the pro- have access to the information on the bag of seeds that Stephen bought. That grams, they might actually do things programs they pay for. is over 30 times the lethal dose. Ste- with efficiency. That seems surprising I would love to see more comity in phen had no way of knowing just how to me, but if you read the transcript, this body and for us to work this out. toxic these seeds were. that is what he just said. The fear is I yield the floor. While there are plenty of legitimate The PRESIDING OFFICER. The Sen- that they will actually find out what uses for washed poppy seeds, there are ator from Arkansas. the Federal Government does in the no legitimate uses for unwashed seeds. programs. OPIOID EPIDEMIC Yet drug dealers and unscrupulous Surely that is not his objection. Mr. COTTON. Mr. President, an merchants are abusing the legal status Surely no one in this body would say: I opioid epidemic is sweeping the coun- of washed seeds to profit and to push hope the American people and the Of- try. More than 60,000 Americans are unwashed seeds, which are widely fice of Management and Budget never dying from opioid overdoses every available through online retailers. And find out what the Federal Government year—more than the number of Ameri- when you read the user comments, you does. cans who died in all 20 years of the can easily find instructions for how to Here is what this bill does. The rea- Vietnam war. What a staggering fact brew poppy seed tea and a description son we could not have a good listing— that is, but behind each number is a of its narcotic effects. tragedy for a family who loses their So there is no question of these un- Senator SCHUMER mentioned that there washed seeds being used for grandma’s is no way to do a list right now—is beloved one. Today, I want to tell the story of the poppy seed cake; it is plain they are cause there is no definition for a pro- Hacala family from Rogers, AR. It is a being used to smuggle the banned drug gram. The Federal Government has story of love, persistence, courage, and, into our homes, and the manufacturers struggled with that simple definition, I hope, a story that will save other and distributors should know that. And so this bill fixes that. The reason that families from the tragedy they felt. Betty and Steve made sure they did. It inventory doesn’t exist gets solved Betty and Steve Hacala are joining is hard to imagine the grief they feel. with this. So literally Senator SCHU- us in the Gallery today. I met Betty It would have been easy to despair, but MER’s objection as to why we shouldn’t and Steve 3 weeks ago at a roundtable they did not. They want to save other do this is nonsensical. on the opioid epidemic in Little Rock families from their fate, to be sure Ste- The second issue with this is the fear with Attorney General Leslie Rutledge, phen’s death would have meaning. of OMB and Mick Mulvaney actually State and local law enforcement, and They researched the issue, commis- trying to slash programs. OMB and the families of opioid victims. The sioning that report from Sam Houston Mick Mulvaney have no authority to news is full of tragic deaths from her- State and studying the market for un- take down a program. Congress does oin, fentanyl, and prescription drugs. I washed poppy seeds. They also became that, and Senator SCHUMER knows that met families that day whose children advocates, meeting with community better than anyone in this body. While died from those well-known drugs, but leaders and elected officials. As I said, OMB can make recommendations, Con- I learned from the Hacalas about an- I only learned about the danger of un- gress has to actually vote to act on other killer: unwashed poppy seeds. washed poppy seeds by meeting the those recommendations. He can’t just Their son, Stephen Junior, died in his Hacalas. slash programs. He can recommend it. sleep from an overdose 2 years ago. After that meeting, I put in a call to He can say: Here is an issue of ineffi- Stephen was only 24 years old and was the leadership of Walmart and Amazon, ciency. It is the exact same as the a recent graduate of the University of which at the time both allowed un- Obama administration could have Arkansas. He loved to play guitar, and washed poppy seeds to be sold on their done, the exact same as any future ad- he was very accomplished at it. He was websites. They listened to our case and ministration could do, but Congress the joy of his parents’ life, and he was quickly agreed to stop selling poppy must act on that. the joy of his sisters Christina and seeds that are labeled as unwashed. It seems exceptionally shortsighted Lauren’s lives. His sudden death came This is important. The two behemoths to say: I don’t want the American peo- as a shock to them, but they got an- of online commerce agreeing to take ple to know what the government is other shock when an autopsy deter- down those seeds was a victory and a doing, because of the current adminis- mined that Stephen died of morphine testament to what normal citizens like tration and someone I don’t like. intoxication. There were no drugs in Steve and Betty can accomplish. In a few years, there will be a dif- his apartment—no pill bottles, no nee- This is more than a labeling problem. ferent administration. That may be in dles, nothing. What had been found was In fact, some of the most potent and 7 years, or that may be in 4 years, but a 5-pound bag of unwashed poppy seeds. deadly seeds, which we know about in a few years, there will be a different Stephen had ordered the seeds on Ama- thanks to the work of Steve and Betty, administration, but this problem will zon. The Arkansas crime lab soon de- are not labeled as unwashed and are still remain. Agencies can’t see what termined that the poppy seeds were the still available for purchase. Therefore, other agencies are doing, this Congress source of the morphine that killed Ste- I will work in the Senate and with the can’t see what the agencies are doing, phen. Drug Enforcement Agency to ban un- and the American people cannot see Stephen’s death resulted in part be- washed seeds entirely. But today I do what the agencies are doing. cause of a dangerous gap in our Na- want to take a moment to thank Ama- I would say that for the benefit of the tion’s drug laws. It has been well zon and Walmart for taking an impor- taxpayers—not the benefit of Wash- known for ages that poppies are dan- tant first step for our country, for our ington bureaucracies but for the ben- gerous, both addictive and toxic. That State, and for the Hacalas and families efit of the taxpayers—we should allow is why it is illegal to grow or own al- like theirs. this information to go public. I hope we most any part of the poppy—the straw, It is always hard to lose a loved one, can continue to work with Senator the pod, the latex. There is an excep- and a child is the hardest loss of all. I SCHUMER’s office, after making 27 tion, of course, for poppy seeds, which suspect nothing can assuage that kind changes that his staff recommended, to many people enjoy on bagels, muffins, of grief. But because of the Hacalas’s finish this document. cakes, and other pastries. The seed courage and determination, we can Yesterday, Senator SCHUMER was itself isn’t addictive, but unwashed hope that a few more families will be caught in the hallway and was asked seeds tend to still have bits of the spared it. That is an act of true love for what the problem is in the Senate, and plant on them, which can be washed off Stephen and for their fellow Ameri- his response to a reporter was that the and used to create a powerful narcotic. cans.

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.024 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2415 Mr. President, the office of Secretary In 2015 we traveled to Vienna, where hardly seems fair to hold Mike Pompeo of State has always held a place of spe- we discovered and revealed Iran’s se- to a different standard. cial prominence in the President’s Cab- cret side deals with the International Still, others oppose Mike’s nomina- inet. The conduct of foreign policy is Atomic Energy Agency. In 2016, after a tion because he refused to say that he the highest craft of statesmanship. In trip to Norway and Sweden, we wrote would resign if President Trump fired the Secretary’s hands rest matters of an op-ed in the Wall Street Journal Special Counsel Robert Mueller. I have the most sensitive, delicate, and con- drawing attention to Europe’s growing to say, that is quite a stretch for a Sec- sequential nature, affairs of war and— challenges with mass migration and retary of State nomination. This isn’t we always hope—peace. President Ken- what it means for our own country. the Department of Justice. On the mer- nedy put it simply when he said: ‘‘Do- Mike has gone from one success to its, I would ask: Do they think it would mestic policy can only defeat us; for- another because he is a consummate have been a good idea for Henry Kis- eign policy can kill us.’’ That is why professional—a man who treats every- singer and Jim Schlesinger to resign in Presidents across the ages have filled one with respect but who doesn’t pull a 1973 or 1974? Would it help or hurt the office of Secretary of State with punch or shade a view to please his au- America to have our top diplomat sud- some of the most distinguished states- dience. denly leave the world stage at a time of men in our history, names such as Jef- Democrats don’t deny his profes- domestic turmoil? And if that is to be ferson, Madison, Monroe, Adams, Clay, sionalism. The senior Senator from the standard, have those Democrats Webster, Marshall, Kissinger. Montana has said that he has led an asked Secretary of Defense Jim Mattis Now we will add the name of Mike ‘‘exemplary career in public service.’’ that question? I bet they haven’t. Pompeo. Very soon, the Senate will The junior Senator from Delaware said Finally, there are those who worry confirm Mike to be our 70th Secretary he would be a ‘‘good advocate for the that he will not be a check on the of State. I strongly support his nomi- career professionals at the State De- President. But since when is a Cabinet nation, as I have made widely known in partment and USAID.’’ Even former member supposed to do that? Regular recent days. Before we vote, I want to Secretaries of State Hillary Clinton elections, the separation of powers, and emphasize what a truly impressive and Madeleine Albright have expressed all that entails are the checks on the nominee he is—a man of noble char- their hope that he would reinvigorate executive branch under our Constitu- acter whose name future generations, I the State Department, and nonpartisan tion. The President’s Cabinet owes him suspect, will include on the roster of experts agree that Mike Pompeo’s in- candid advice, especially when he those great statesmen. tegrity and record of accomplishments doesn’t want to hear it, but they aren’t Mike has succeeded at every stage of cannot be denied. As ADM James supposed to undermine him. The State life. He graduated first in his class at Stavridis has said, Mike is ‘‘a solid, Department, in particular, is the last West Point and then joined the 2nd thoughtful and accomplished leader.’’ place for open conflict between the Cavalry on the frontline of freedom in It is why 30 national security profes- President and a Cabinet member. If the West Germany. After his military serv- sionals—including former NSA Direc- world doesn’t believe that the Sec- ice, he excelled at Harvard Law School. tor Keith Alexander, former CIA Direc- retary has the President’s confidence He later started one business and tor Michael Hayden, and former Attor- and conducts foreign policy on his be- served as president of another. He be- ney General Mike Mukasey—submitted half, he is of little use to the President came a respected community leader in a letter endorsing Mike’s nomination. or the country. his adopted home of Wichita, where his Unfortunately, many Democratic In fact, I would say it is the Presi- fellow Kansans elected him in repeated Senators are opposing Mike’s nomina- dent’s confidence in Mike that cinches landslides to serve them in the House tion, and they have given their rea- his readiness for the job. When Mike of Representatives. Wichita is also sons. But I have to say that these rea- Pompeo speaks, the world will know where he had his biggest victory of sons don’t hold up very well under that the Secretary of State speaks for all—winning the hand of his bride, scrutiny. Some say Mike is adverse to the President. He is well respected by Susan. Of course, he has served as Di- diplomacy. In fact, he simply knows the President’s national security team, rector of the Central Intelligence that diplomacy is most effective when and he is well respected by the world. I know Mike Pompeo will excel as Agency for the past 15 months after it is backed with a credible military our Secretary of State, and I regret being confirmed by the Senate on a bi- threat. As Frederick the Great said, some Senators will oppose him for partisan vote of 66 to 32. Since then, I ‘‘Diplomacy without arms is like music shortsighted, political reasons, but have watched Mike lead the CIA, boost without instruments.’’ since they all profess grave concerns its morale, and put the right people in He also knows that some situations about the lack of personnel at the the right places, driving them to suc- may not be susceptible to diplomatic State Department, I look forward to ceed and holding them accountable. solutions no matter how much one None of this surprises me because I might wish it so. That is a fact of life. them all confirming Secretary have known Mike for as long as I have It is not a reason to oppose Mike’s Pompeo’s sub-Cabinet nominees been in public life. When I was an un- nomination. promptly once he submits them. But even better is to put politics known candidate for the House, he I would add that he recently dem- aside and to do the right thing for our called me out of the blue to encourage onstrated his commitment to diplo- country. Mike Pompeo has served his me and offer support. He was one of my macy by meeting with Kim Jong Un to country with distinction. He is emi- best friends in the House and one of my lay the groundwork for the President’s nently qualified to be Secretary of strongest supporters and smartest ad- upcoming summit. It is hard to think State, and we need him on the job now. visers in my Senate campaign. As of a worse regime than North Korea, I call on every Senator to vote for con- Members of the House and Senate In- but Mike was willing to sit down with firmation and to send to the State De- telligence Committees, we traveled the Kim to try to find a peaceful solution partment a strong leader, a wise coun- world together to learn, to conduct to the nuclear crisis on the Korean Pe- selor, and a good man—Mike Pompeo. ninsula. That should show us all, de- oversight, and to engage with foreign I yield the floor. leaders. finitively, that he is committed to di- I suggest the absence of a quorum. Mike and I have collaborated on sev- plomacy. The PRESIDING OFFICER. The eral occasions to highlight gathering Others say they are opposing Mike clerk will call the roll. threats to our Nation. In 2013 we wrote because they disagree with him on so- The legislative clerk proceeded to an op-ed in the Washington Post call- cial issues. Here I would simply note call the roll. ing on our party to support a strike that most Republicans surely disagree Mrs. MURRAY. Mr. President, I ask against Bashar al-Assad for using with Hillary Clinton’s and John unanimous consent that the order for chemical weapons. It was a lonely Kerry’s views on these issues. Yet they the quorum call be rescinded. place for Republicans to be, but we still voted to confirm them. For that The PRESIDING OFFICER. Without were right then, and we are right now. matter, Hillary Clinton opposed same- objection, it is so ordered. I only wish more Republicans and sex marriage when the Democrats Mrs. MURRAY. Mr. President, I come President Obama had heeded our call. voted to confirm her back in 2009. So it to the floor today to voice my strong

VerDate Sep 11 2014 01:38 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.025 S25APPT1 S2416 CONGRESSIONAL RECORD — SENATE April 25, 2018 opposition to Director Pompeo’s nomi- that he is that person. So I will be vot- Because what is the meaning of our life, real- nation to be our next Secretary of ing no on his nomination to be Sec- ly, if we work and live destroying our planet State. retary of State. I urge my colleagues to while sacrificing the future of our children? This position is too important. The do the same. President Macron then said: stakes are too high to let this nominee Thank you, Mr. President. What is the meaning of our life if our con- slide by without full consideration of I yield the floor. scious decision is to reduce the opportunities what it would mean for Director I suggest the absence of a quorum. for our children or for our grandchildren? By Pompeo to be our Nation’s top dip- The PRESIDING OFFICER. The polluting the oceans, not mitigating carbon lomat—the person whose every word clerk will call the roll. dioxide emissions, and destroying our biodiversity, we’re killing our planet. and action broadcasts America’s values The legislative clerk proceeded to to the rest of the world. call the roll. He went on to say: Some of my opposition concerns Di- Mr. CARPER. Mr. President, I ask Let us face it. There is no planet B. rector Pompeo’s harsh views on mat- unanimous consent that the order for I turned to my colleague sitting next ters of war and peace, and his blatantly the quorum call be rescinded. to me and I said, I am going to steal false accusations regarding members of The PRESIDING OFFICER. Without that line: There is no planet B. the Muslim community. Some of my objection, it is so ordered. He is right. opposition surrounds my deep concern ADDRESS BY THE PRESIDENT OF FRANCE I like to say this is the only planet about Director Pompeo’s ability to Mr. CARPER. Mr. President, I don’t we have, and it is going to be the only stand strong against President know if the Presiding Officer was able one we ever have in our lifetime, and Trump’s erratic and uninformed for- to be present in the House of Rep- probably the lifetime of anybody eign policy positions. resentatives earlier today when the around this planet. But what I wanted to take a few min- President of France, Emmanuel Ma- Then President Macron went on to utes this afternoon to do is to express cron, spoke to us about a variety of say: my serious concern about what Direc- things, including the Paris accords, the On this issue, it may happen that we have tor Pompeo’s ideological, extreme posi- Iran deal, the long history we have be- disagreements between the United States tions on women’s rights and reproduc- tween their country and our country; and France. It may happen. Like in all fami- tive freedom would mean for women the fact that the American Revolution lies. But that’s, for me, a short-term dis- across the world. and the French Revolution were really agreement. In the long run, we will have to Our Nation has an important role to contemporaneous. We share the birth face the same realities, and we’re citizens of uphold as a global champion of wom- this same planet, so we will have to face it. of democracy in our country and, to an We have to work together with business en’s rights. We need a Secretary of extent, in their country at roughly the leaders and local communities. Let us work State who will be a strong advocate same time. together in order to make our planet great and continue our legacy of leadership Those who have studied American again— in fighting for women’s health and re- history know that one of the ways we Isn’t that terrific? ‘‘Let’s work to- productive freedom and the rights of won our freedom and independence gether to make our planet great women and girls around the world. In- from the tyranny of that British again’’—not just to make America stead, I am afraid Director Pompeo throne was with the support of the great again; not just to make France would undo much of that legacy and French. We have not always agreed great again but to make our planet undermine much of the global progress with one another in the years since great again— we have made. then, but mostly we have. The bond be- An advocate for women doesn’t re- and create new jobs and new opportunities. tween their Nation and our Nation con- While safeguarding our earth. peatedly support the global gag rule, tinues to be strong, not just between which keeps funding from clinics and He concluded this part of his speech our leaders but also between our peo- by saying: programs that provide women impor- ple. tant medical care. Director Pompeo We are fortunate to have a number of And I’m sure, one day, the United States did. will come back and join the Paris Agree- French tourists who come to our coun- ment. And I’m sure we can work together to An advocate for women doesn’t vote try. From time to time, some of us are to defund the United Nations Popu- fulfill, with you, the ambitions of the global fortunate to go to that part of the compact on the environment. lation Fund, which provides family world and to visit them, to know them planning services for women around I had the opportunity last week to as human beings. The bond between speak at the University of Delaware to the world who live in poverty. Director our countries is a benefit for both them Pompeo did. a couple hundred graduate students. It and for us, and, I think, for the world. is an annual gathering that they have When it comes to fighting for the I have never come to the floor to survivors of rape and against those who and they were nice enough to invite me start reading someone else’s speech, to come and talk to them about leader- would use rape as a tool of war, it is but I am really tempted to read some clear we should stand by survivors, ship. One of the things I mentioned is parts of what President Emmanuel Ma- that leaders are aspirational. We ap- fight for them, and work to make sure cron said today. I speak a little bit of they have access to the medical care peal to people’s better angels. Leaders French. I spoke to him briefly in they need. However, Director Pompeo unite, not divide. Leaders build French before he gave his remarks. His has said he would prevent women who bridges, not walls. English is a lot better than my French. have been raped from access to abor- I thought we were privileged today to I want to mention a couple of things tions. That is an unacceptably cruel re- hear that kind of leader. When I spoke that he said and add some comments of sponse to women and war survivors, to him in French, I wished him well. I my own. wished him good luck, and I thanked and it is one of the many clear indica- He talked a bit about the Paris tors that Director Pompeo is an unac- him for joining us in the kind of mes- Agreement, and he talked about cli- ceptable choice to serve as Secretary of sage he brought to us. mate change. These were his words, State. I don’t suspect he would have any and I think they are worth repeating The Secretary of State is always a reason to know this, but when people and reflecting on. critically important position, but it got up today and went to work in this He said: takes on even more important meaning country, 3 million people went to work I believe in building a better future for our in jobs that probably didn’t exist 20, 30 in 2018. The President not only needs children which requires offering them a plan- good counsel in navigating our complex et that is still habitable in 25 years. Some years ago—3 million people. The jobs global relationships, but he also des- people think that securing current industries they went to work on are jobs where perately needs someone who can tell and their jobs is more urgent than trans- they are creating renewable energy, him when he is wrong and who can forming our economies to meet the global sustainable energy, clean energy, car- stand up to him and be a check on this challenge of climate change. bon-free energy, or they are going to President’s worse impulses. He went on to say: work in jobs which conserve energy so Throughout his nomination process, I hear these concerns, but we must find a we just use a whole lot less altogether. Director Pompeo failed to convince me smooth transition to a low-carbon economy. Think about that. Three million people

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.027 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2417 in this country went to work in those world. So that is really one of the op- That will encourage the Saudis to do kinds of jobs. We are adding 75,000, portunities the President of France the same and maybe lay a precursor or 100,000 of those jobs every year. was talking about—looking at adver- put us in motion to have a nuclear I have always had a close relation- sity and finding opportunities, includ- arms race in that part of the world. ship with the auto industry until about ing climate change and other kinds of Sunni versus Shia, Saudis versus Iran— 6 or 7 years ago. We had a GM plant pollution; pollution of our water, you that is not a competition that will end and a Chrysler plant in Delaware, with name it. well. about 4,000 employees in each of them Anyway, it was just a joy to hear him I am not going to read everything at one time. We lost them both at the speak today. I was really impressed. President Macron said today about the bottom of the great recession. I have We have a bunch of pages sitting in Iran deal, but a fair amount is worth always, and even now, tried to work here today. I don’t know if they were repeating. I will do that, and then add closely with the auto industry, even able to hear the speech, but if you got some comments of my own: though they don’t have the kind of to hear the speech today, raise your As for Iran, our objective is clear: Iran presence today in Delaware they once hands. I think it had to be uplifting for should never possess any nuclear weapons. did, but they have provided a lot of young people because he was focused Not now, not in 5 years, not in 10 years. jobs. Part of the supply chain is in very much on the future. He was not Never. Delaware, Pennsylvania, and other just looking back but focusing very ‘‘Never’’ is a long time. places. much on young people. I liked that a But this policy should never lead us to war Sometimes people say we cannot lot. in the Middle East. We must ensure sta- have clean air, clean water, and a One of the other things he spoke bility, and respect sovereignty of the na- strong economy. I think that is a false about was the Iran deal. For years and tions, including that one of Iran, which rep- years, as some of my colleagues may resents a great civilization. choice. The President of France as Let us not replicate past mistakes in the much as said that today. recall, we suspected that Iran was se- region. Let us not be naive on one side. Let It was not a Frenchmen, but it was cretly developing nuclear weapons. We us not create new walls ourselves on the Einstein who said that ‘‘in adversity didn’t know for sure. We suspected the other side. lies opportunity.’’ I think if we are worst. In the last administration in There is an existing framework—called the smart about it and we look at climate this country, we went to work with a JCPOA—to control the nuclear activity of change, global warming, sea level rise, new leader in Iran to see if we might be Iran. We signed it at the initiative of the and pollution of one kind or the other, able to better ensure that they are not United States. We signed it, both the United States and France. That is why we cannot there is actually great opportunity going to develop nuclear weapons, and say we should just get rid of it like that. But that each of those present to us. They we provided safeguards and early detec- it is true to say that this agreement may not present difficulties and challenges but tion systems so that if they do, we will address all concerns, very important con- also great opportunity. know about it. In the meantime, we cerns. This is true. But we should not aban- I will never forget a couple of years placed a lot of economic sanctions on don it without having something substan- ago what happened in a hearing in the Iran, trying to get them to give up tial, more substantial, instead. That is my Environment and Public Works Com- what we thought was the development position. That is why France will not leave mittee on the issue of mercury emis- of nuclear weapons. They always said, the JCPOA, because we signed it. Your President and your country will have sions from powerplants. We had, I ‘‘No, we are not doing that,’’ but we to take, in the current days and weeks, [its think, four or five, maybe six wit- didn’t believe them. own] responsibilities regarding this issue. nesses. The first four or five witnesses At the end of the day, we looked at What I want to do, and what we decided to- said: We cannot reduce mercury emis- entering into this agreement between gether with your President, is that we can sions by 80 percent over the next dec- the United States and Iran and five work on a more comprehensive deal address- ade. I think that is what they said. other nations. Iran had to open them- ing all these concerns. That is why we have They said we cannot; it is just not pos- selves up to intrusive inspections. They to work on this more comprehensive deal sible for us to reduce mercury emis- had to be willing to give up some of the based—as discussed with President Trump yesterday—on four pillars. sions. more modern centrifuges they had for Why do we want to reduce mercury? developing highly enriched uranium. And then President Macron went on Because it is up in the air; it is carried To the extent that they are willing to to talk about those four pillars. by the winds, the rains; it ends up in do that and continue to put up with in- [No. 1] the substance of the existing agree- the water; it ends up in fish; we eat trusive inspections by the atomic en- ment, especially if you decide to leave it, [No. 2] the post-2025 period, in order to be fish. It is harmful especially for preg- ergy agency, then we would gradually sure we will never have any nuclear activity nant women. They give birth, in many reduce and relax the economic sanc- for Iran, [No. 3] the containment of military cases, to children with brain damage. tions. influence of the Iranian regime in the region, So we had this hearing, and the first The intrusive inspections have con- and [No. 4] the monitoring of ballistic activ- four or five witnesses, all from coal- tinued now for several years, and the ity. fired utilities, said: We can’t do it. agencies responsible for this say, so The Iranians have a penchant for fir- Eighty percent is not a reasonable tar- far, they are keeping their word. Does ing and testing ballistic missiles. They get for mercury reduction. that mean they are always going to say that it is not offensive; it is defen- The last witness was from a trade as- keep their word? Not necessarily. Does sive. But one would wonder about that. sociation whose members actually that mean we should be less resolute in Questioning minds way wonder. focus on developing technology to re- watching what they are doing? No. We I think these four pillars, the ones I ad- duce harmful emissions of all kinds, in- should be resolute and hold their feet dressed before the General Assembly of the cluding mercury emissions from power- to the fire. But to the extent that they United Nations last September, are the ones plants. Our last witness said: I think are keeping their word, I think the idea which cover the legitimate fears of the we can not only meet that target of 80 of lifting our sanctions—along with United States and our allies in the region. percent reduction in 10 years, I think other countries as part of these accords I think we have to start working now on these four pillars to build this new, com- we can do better than that, and I think and joint agreement—is good, not only prehensive [deal] and to be sure that, what- we can do it in less than 10 years. Do for Iran but also for us. ever the decision of the United States will you know what? He was right. It We have this agreement because we be, we will not leave the floor to the absence turned out he was right. We ended up felt it was important for inspectors to of rules. with a 90-percent reduction in mercury have a window into that country to see We will not leave the floor to these con- emissions, and that technology has what they are doing. We have that. So flicts of power in the Middle East, we will been used in this country. far, it seems to be working. not . . . [increase] tensions and potential The nice thing about it is that tech- Our President now says that in a cou- war. That is my position, and I think we can nology—there are plenty of coal-fired ple weeks he would like to close out of work together to build this comprehensive plants around the world where they the Iran deal. If we do that, my fear is deal for the whole region, for our people, be- need to reduce mercury, and we are they will simply go back to a secret cause I think it fairly addresses our con- selling that technology all over the program to develop nuclear weapons. cerns. That is my position.

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.029 S25APPT1 S2418 CONGRESSIONAL RECORD — SENATE April 25, 2018 I have heard several Presidents speak ing is to come up with something that the Tax Code an automatic 20 percent to joint sessions of Congress over the could be even more effective than the discount on the amount of their in- years; I have heard any number of lead- JCPOA. If we are smart, the door has come that is taxed. So 20 percent of ers from other nations speak before been opened and we will walk through their income from this business is not joint meetings of Congress in the years it instead of walking backward. taxed at all. That is true for all small I have been privileged to serve here. I While we prepare to vote, maybe to- businesses in America. The 80 percent don’t know that I have seen a warmer morrow, on the nominee to be our next that is taxed is taxed at lower rates. and more enthusiastic welcome than Secretary of State, one of my dis- The total tax burden for these small the one we witnessed today for the appointments is not having had a businesses is much lower than it used President of our close ally, our friends, chance to—not negotiate with him but to be. Why is that important? It is im- the French. I hope the standing ova- to share with him what President Ma- portant for a lot of reasons. David tions he repeatedly received reflect not cron had to say, to try to get his take Cranston told us that this is how they just the emotion of the moment but re- on that and, if he were Secretary of are able to accumulate capital. This is flect the belief that he may be on to State, how he might pursue this open- how his business is better able to accu- something here. ing. Unfortunately, that is not going to mulate the capital that he describes as One of my colleagues whom I was sit- happen. the lifeblood of his small business. It ting next to during President Macron’s I notice my neighbor from across the is, in fact, capital that allows these remarks said that the President of border in Pennsylvania has risen to ad- small businesses like Cranston to take France was delivering an elegant redress the Senate. advantage of new growth opportuni- buke to our President, and he was so I yield the floor. ties. Specifically, he shared with us an skillful in doing it, it was hard to tell The PRESIDING OFFICER (Mr. example. The tax savings that he is al- that was what he was doing. Maybe GARDNER). The Senator from Pennsyl- ready enjoying have helped him expand that is true. But I think he might be on vania. into a new product line this year—a to something. He didn’t just come up TAX REFORM product line that he did not carry be- with it today. This is something that Mr. TOOMEY. Mr. President, it is a fore, couldn’t afford to, but now he can. President Macron has been talking pleasure to follow my friend and neigh- In order to launch this product line, he about for days, weeks, months—at bor to the south and east from the needed to purchase new equipment, in- least since last fall. great State of Delaware. vest in employee training, and build a I hope our President, with whom he Yesterday, the Senate Finance Com- new website—all of which are well un- had a chance to spend some time, mittee had a hearing on tax reform. I derway. might say: Let’s drill down on that. I had a chance to introduce one of the He also touched on something else, think you might be on to something. witnesses, a fellow named David Cran- another way in which our tax reform is Meanwhile, I don’t know what others ston from Robinson Township in West- helping his business; that is, the busi- have been saying about former Sec- ern Pennsylvania. ness optimism that he is seeing, which retary of State Tillerson, but I thought David is the president of Cranston is encouraging his customers—pri- he was an unlikely person to be Sec- Material Handling Equipment Corp. It marily larger companies—to increase retary of State. He had been the leader is a third-generation small business their own capital spending. That in- of Exxon, knew the world, and knew founded in 1957 by David’s grandfather. cludes, in some cases, the purchasing of the world’s leaders. It was unusual to Today, David leads that company—a his products. As Mr. Cranston put it, have someone with that pedigree to be company he has worked at since 1983. the tax reform is ‘‘spurring business in- our Secretary of State. He exceeded ex- So for 35 years he has been there. vestment and therefore has set the pectations, at least for me. I think he Today he leads a team of seven full- stage for economic growth for years to was fired by the President a couple of time employees and two part-time em- come.’’ months ago through Twitter, and that ployees, truly a small family-owned This increased investment activity was it—no ceremony, no handshake, no business. that is helping workers and businesses thank-you for taking on a tough job Cranston Material sells and installs and small businesses and our economy and doing his best. I would say to Rex Tillerson: Thank material handling and storage equip- is exactly what we envisioned, exactly you for your willingness to give it a ment to manufacturing companies, in- what we had hoped for, and exactly shot, for taking on a tough job in a cluding very large manufacturing com- what we designed our tax reform to ac- tough administration. We may not panies, and their products and services complish. I have to say, the story that David agree with everything he said or help these manufacturers to store and Cranston told us at the Senate Finance thought, but he took on a tough job, lift products in the storage process— Committee yesterday is not an isolated and we are grateful for that. items like cabinets, containers, con- The question is, Who is going to suc- veyors, cranes, and dock equipment. story. It is completely consistent with ceed him. I have asked to meet with As I know the Presiding Officer un- stories I have heard all across the Com- the President’s nominee. They have derstands very well, it is small busi- monwealth of Pennsylvania from small not been able to find time to do that, nesses like this that really make up businesses; that is, tax reform is work- which I think is unfortunate. the backbone of our economy and the ing. It is working for them. If we had had the time to meet, I backbone of our communities. Businesses are, in fact, increasing would have wanted to talk with him What is it that David Cranston had their investments, exactly as we pre- about a number of issues. One of those to share with us as a witness before our dicted they would if we lowered the would be the Iran nuclear deal and how committee? He shared the story of how after-tax cost of making those invest- he feels about it. I would like to hear our tax reform from late last year is al- ments. For example, just last month, his thoughts on what President Macron ready working and helping his small the March 2018 research report by Mor- suggested today as a possible alter- business. gan Stanley—they surveyed their cli- native follow-on to the JCPOA. But I How is that happening? Well, in a va- ents—concluded that its capital exam not going to have the opportunity riety of ways. The two most direct penditure plans index—it is an index to do that. ways are, No. 1, Cranston Material is they keep track of that monitors the I was reminded recently of something organized as a subchapter S corpora- amount of capital being put to work in John Kennedy once said. I hope I have tion. That is a long way of saying they America, being spent on new equip- this right: America should never nego- are not taxed at the level of the cor- ment—according to them, in March, tiate out of fear, but we should never poration itself but, rather, the income just last month, it reached an alltime fear negotiating. Think about that. that is earned by the business flows high. Their characterization: Our country should never negotiate out through to the owners of the business ‘‘Strength in our index indicates con- of fear, but we shouldn’t be afraid to and is then taxed on the individual re- tinued momentum in equipment in- negotiate. turns of the owners. vestment through the second quarter I think President Macron may have How has our tax reform helped the of 2018.’’ It is already happening, and given us an opening here, and the open- owners of this business? We built into they believe it is likely to continue.

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.030 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2419 Some of our friends on the other side ment that is getting put to use. Then nees who have come before the Senate who are very critical of our tax reform after it is built and it is purchased by than have many of my colleagues. I do were very critical of the idea that busi- the business that can afford it now be- believe in giving a substantial amount ness should benefit from this. They cause of tax reform, somebody has to of deference to the President in the didn’t want business to benefit from operate it. There is still more demand choices that he makes of those who are this at all. I have to point out the mul- for workers. to serve him in his administration. tiple ways they are wrong in their So what happens in an economy when There have been a number of appli- analysis. you are close to full employment—the cants for Cabinet posts whom I have First of all, when businesses—espe- unemployment rate is around 4 per- supported even though I have had cially small businesses but all kinds of cent, which is unusually low for the grave misgivings about the policies businesses—benefit from a lower tax American economy—and you introduce that they were going to be articulating regime, much of that benefit flows a significant new demand for workers— and that they were going to be car- right to workers. We have seen that in well, I would say there are two things rying out. a very direct fashion. In fact, over 500 that happen. You create opportunities I also believe Director Pompeo when known, large companies—big enough for people who left the workforce to re- he talks about the morale crisis at the that their press releases get picked up turn, and you put upward pressure on Department of State and his sincere and noticed—have given employees bo- wages because all the businesses have desire to try to remedy that and ad- nuses, pay raises, increased contribu- to compete for whatever workers are dress it. There was a morale crisis at tions to their pension plans, or some available. the Department of State after Sec- combination. There are now millions of So we have the direct benefit that retary Tillerson waged an assault on American workers who work for these people have seen in the form of lower diplomats in his trying to push out as 500-plus companies who have directly withholdings and more take-home pay. many as he could for over a year, benefited personally, in their pockets, We have the direct benefit that work- changing work requirements to make because of the tax reform. I think this ers have seen when the companies they it harder for people to live in very dif- is fantastic, and it has been immediate. work for have decided to give them a ficult places around the world and con- It is already happening. raise or a bonus because they can bet- tinuing a hiring freeze well past the Over the long term, I think there is ter afford it. And we have this indirect point at which it was justified. There an even bigger benefit that will be ac- benefit that might very well be the big- are a lot of people who serve in this cruing to American workers as a result gest of them all, as workers become country here in Washington and abroad of our tax reform, and that is the me- more productive because they get to who need to be told that their work is dium-, long-term upward pressure on use the equipment that is put to work valuable again, and I believe Mike wages for the people who work for a when their companies invest the cap- Pompeo when he talks about the need living to earn those wages. Why do I ital that we have made more available to try to engage in that morale-building project. say that? The fact is, the more capital to them. I think there are check marks on the that gets spent, the more productive I am very bullish, as apparently the side of the ledger that would argue for workers are able to become, and the respondents to the Morgan Stanley Mike Pompeo’s confirmation, but I am more they are able to earn. survey were, and I am grateful to going to vote no because, unfortu- Let me give an example that I like. If David Cranston for telling his story nately, I think there are far more you go to any construction site when about how much his small business is check marks on the other side of the they are at the stage of doing the site already benefiting from our tax reform. development—when they are moving ledger. Mr. President, I would like to make a I want to talk today about the issue the dirt and maybe they are digging a completely unrelated point, and that of qualifications. I don’t argue with the hole for the foundation—at that stage is, I would like to mention that I had fact that our choices, as those in the of the process, you very typically will an opportunity to have a long con- Senate, when it comes to those who are see somebody operating a backhoe. versation today with CIA Director picked for the Cabinet, shouldn’t really There is a guy operating a backhoe. He Mike Pompeo, to discuss his vision for be about policy differences. Sometimes is digging the hole for the foundation. his role as Secretary of State, should the policy differences will be so serious You will very often see somebody with he be confirmed, and his vision for that Members of the President’s oppos- a shovel. He is doing the tidy-up work America’s role in the world, the leader- ing party may have to cast a ‘‘no’’ around the edges. The guy with the ship role we have historically played vote. By and large, I do think that we shovel is working very hard. He is and how he sees that going forward. I should be evaluating candidates based probably working up more of a sweat. will tell you, I was extremely im- on their qualifications and based on He probably goes home with his mus- pressed. He is a very thoughtful, very whether their views are at least be- cles and his back aching more than the knowledgeable, wise individual. I think tween the 20-yard lines, within the guy operating the backhoe. But who do he will give great counsel to our Presi- mainstream conversation about the you think gets paid more? It is not a dent. I think he will be an outstanding portfolio of issues that they are going close call; the guy operating the back- diplomat. I think the fact that he to undertake to oversee. hoe is always paid more. There is one comes from the intelligence commu- So I want to talk today about my be- reason for that. The reason is that he nity will inform his judgment in a very lief that Director Pompeo is not quali- has a more advanced set of skills. Be- constructive way. I think we are all fied to be our next Secretary of State. cause he has those skills and because very, very fortunate that Mike Pompeo I think that is the appropriate con- he has a major piece of equipment to is willing to serve in this capacity. I versation for us to be having, and I operate, he is much more productive am looking forward to his confirmation want to talk about it through the than any human being can ever be with later this week. prism of three qualifications that I a shovel. The more productive worker With that, I yield the floor. would argue any Secretary of State has is able to earn more. The PRESIDING OFFICER. The Sen- to meet. That is why I am so excited about a ator from Connecticut. One is that a Secretary of State who reform that encourages businesses to Mr. MURPHY. Mr. President, I come is going to be advising the President on invest in capital. It is already making to the floor to speak on the pending matters of war and peace and on ques- workers more productive, and that nomination of Mike Pompeo to be the tions of military operations overseas means they are going to earn more in- Secretary of State. As a member of the has to believe in his heart or in her come. But it doesn’t stop there. All of Foreign Relations Committee, I op- heart in the Constitution—in the sepa- that capital expenditure, whether it is posed the nomination in committee, ration of powers between the executive with David Cranston’s company or and I will oppose it on the floor. and the legislative branches—when it whether it is a backhoe—when compa- I have said publicly that this was not comes to war-making. nies want to buy that, someone has to an open-and-shut case for me. Frankly, The second is that a Secretary of build it. There is more demand for I would submit that I have probably State has to believe in the value of di- workers to build more of this equip- voted for more of the President’s nomi- plomacy. The Secretary of State is in

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.032 S25APPT1 S2420 CONGRESSIONAL RECORD — SENATE April 25, 2018 the national security cabinet in order I asked: Would you identify for me Lastly, I think you need to be free of to represent diplomatic pathways out one limiting factor on this broad claim prejudice or free of substantial associa- of very complicated, vexing, and dan- of article II authority. He could not. He tion with prejudice, and the reason for gerous problems around the globe. You could not articulate one definable, ar- this qualification is self-evident. This need a Secretary of State who truly be- ticulated restraint on article II mili- is the member of the administration lieves that diplomacy can be a viable tary authority before the Foreign Rela- who is going to be most often overseas path out of very complicated problems. tions Committee. meeting with leaders that come from Third, you need a Secretary of State It speaks to what, I think, is a belief very different backgrounds, who be- who is free of prejudice or who is free inside this administration, which is lieve different things than Americans of a substantial association with preju- now being buoyed by people like Direc- do, who practice different religions dice. This is our Nation’s chief dip- tor Pompeo and John Bolton, that the than the majority of Americans do, lomat, who is going to be representing President has virtually unlimited au- who have different traditions than the the United States all over the world, thority to begin military operations majority of Americans do. So one has who is going to try to build bridges be- overseas. If you can attack the Syrian to have a respect, right? One has to tween our country and those countries regime without having any authoriza- have a love of other people who come with different cultures, different faiths, tion from Congress, then why couldn’t from different faiths and different tra- different backgrounds, and different the President launch a military attack ditions if you are going to take this ways of viewing the world. against North Korea without going to job. On these three tests, I don’t believe Congress in the way that John Bolton This may be the blackest mark on that Director Pompeo measures up. Let had recommended in some of his Director Pompeo’s record because me talk about each one of them very writings before joining the administra- there is a vast network all across this briefly. tion? country that engages in a kind of The first is this belief in the separa- If a Secretary of State is not pre- Islamophobia, a hatred and bigotry to- tion of powers. If we aren’t standing up pared to argue that the Constitution ward the Muslim faith that is com- for article I powers, no one else will. requires that authority and cannot pletely un-American but is also deeply even articulate a single restraint on a antithetical to American national se- The Founding Fathers were very clear seemingly limitless power under arti- curity interests because if we really that when it came to military engage- cle II to launch attacks overseas with- want to make this country safe, then ment outside of the United States, it out going to Congress, then who is we have to be building constant active was the Congress and only the Con- making that argument? bridges to Muslim communities in the gress that had the ability to declare I think a Secretary of State has to United States and to our Muslim part- war. Now, admittedly, war is a much have an understanding of the limits of ners around the world. When you trade fuzzier concept today than it was when executive power overseas. I don’t think in Islamophobia, a fear of Muslims, you armies were marching against each Director Pompeo has that belief. Oth- are adding bulletin board material to other in open fields and when neat, erwise, he would have answered very recruiters who want to write a story tidy peace treaties were wrapping up differently the questions that he was about how America is at war with the those hostilities. So I will grant my given in his confirmation hearing. East, how America is at war with the colleagues that declarations of war are Secondly, I believe that a baseline Islamic faith. a little bit harder today when the en- qualification to be the Secretary of For much of his congressional career, emies never seem to go away and the State, to be the Nation’s chief dip- Mike Pompeo was deeply intertwined definition of ‘‘hostilities’’ is a little lomat, is to believe in the fundamental with this network of anti-Muslim orga- different than it used to be. power of diplomacy. Over and over, pri- nizations. There is a really interesting Yet, at the hearing, I asked a series marily when he was a Congressman, study that I hope some of you will take of questions of Director Pompeo, whose Director Pompeo showed us that he a look at that details this network of answers did not leave me with any con- didn’t think much of American diplo- organizations. They have fairly innoc- fidence that he understood that there matic power. He opposed the JCPOA, uous-sounding names, like the Amer- still must be some places in which only which is, of course, a mainstream opin- ican Islamic Forum for Democracy, the the Congress can declare hostilities. ion within the Republican Party, but Middle East Forum, the Investigative Now, I don’t believe the President has he did so because he thought that mili- Project on Terrorism, Jihad Watch, the ability to take military action tary action would involve just a few ACT for America, the Center for Secu- against the Syrian regime without hav- thousand sorties—American planes fly- rity Policy, the Society of Americans ing the authorization of Congress. Ap- ing over Iran, bombing the country for National Existence. Those sound parently, there are members of the into submission. I think that is a pret- like things I might be for, but if you President’s Cabinet who believe the ty naive, uneducated view of how a war really take a look at what they do, same thing. Media reports suggest that with Iran would go down, but it dem- they preach intolerance. They try to Secretary Mattis counseled the Presi- onstrates an enthusiasm for military tell Americans that all Muslims are dent to go to Congress first before at- options ahead of diplomatic options, out to get them and that we are better tacking the Syrian regime. the kind that may be better suited for off if we just shelter ourselves from So I queried Director Pompeo about the Department of Defense than for the people of the Muslim faith. That makes this topic. I asked him whether there Department of State. us less safe, and it morally weakens us was any attack that had been launched He has further cheered on this Presi- as a nation. It is not coincidental that against the United States from the dent as he has pulled out of the Paris all of these groups sprang up or began Syrian regime. His answer was no. climate accords, as he has attacked to receive substantial funding after I asked him whether there was any multilateral alliances that the United Barack Obama became President of the threat of imminent attack from the States has long been a part of. This is United States. It wasn’t coincidental Syrian regime against the United a candidate for Secretary of State who that as Donald Trump was going on States. His answer was no. has a long history of critiquing and cable news casting doubt on whether I then asked him what the authoriza- criticizing diplomatic paths to solving the President of the United States was tion was that allowed the President to complicated problems around the really an American citizen or whether take this action. His answer was ‘‘arti- world. he was a secret Kenyan citizen planted cle II authority,’’ which is kind of a I want a cheerleader for diplomacy at in the United States that all of these blanket answer for anybody in an ad- the Department of State. We have been organizations started to take root. ministration who doesn’t have an an- missing that for the last 11⁄2 years with They gained legitimacy because Amer- swer. Secretary Tillerson. It doesn’t seem we ican political leaders associated them- I submit that the Obama administra- are going to remedy that. I think a selves with their cause because they tion occasionally relied on article II qualification for Secretary of State is were able to lure Members of Congress authority as well, but I tried to give to be a cheerleader for diplomacy. That like Mike Pompeo into their web. Director Pompeo a way out of that has not been the reputation or the Mike Pompeo went on these radio overly broad answer. record of Mike Pompeo. shows that traded in these conspiracy

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.033 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2421 theories about Muslims. He allowed for are unfounded. I will hope that he, if he Mr. Pompeo has suggested homosex- his name and his office to be associated gets confirmation from this body— uality is ‘‘perversion,’’ an insinuation with their causes. At one point, he ac- which it looks like he will—is an advo- Mr. Pompeo ever so cleverly did not ad- tually accepted an award from a group cate for diplomacy, that he under- dress when questioned by my colleague called ACT for America, which is argu- stands the proper role of Congress, and Senator BOOKER. At the CIA, he also ably the largest anti-Muslim group in that he represents all Americans when canceled a Pride Month event which America. They gave him an award say- he serves us overseas. I certainly hope featured a discussion on the impor- ing that ‘‘Representative Mike Pompeo that to be the case. I hope I am wrong tance of diversity and an appearance has been a steadfast ally of ours since about my reservations, but I will still by the parents of Matthew Shepard, a the day he was elected to Congress.’’ cast a ‘‘no’’ vote when his nomination young man beaten, tortured, and left This is an organization that the Anti- comes before the Congress. to die in Wyoming on account of his Defamation League and the Southern I yield the floor. sexual orientation. How can the United Poverty Law Center classify as a hate The PRESIDING OFFICER. The Sen- States stand with the LGBTQ people of group. Their founder said practicing ator from Massachusetts. Chechnya who have been the victims of Muslims ‘‘cannot be loyal citizens of Mr. MARKEY. Mr. President, as with violence simply because of whom they the United States.’’ many of my colleagues here today, I love if our Nation’s top diplomat has Let me say that again. The founder stand before you to voice my deep con- disparaged who they are? of the group that gave Mike Pompeo an cern over the nomination of Mike The offenses continue. Following the award for being a steadfast ally of their Pompeo to be our next Secretary of horrific Patriots Day marathon in Bos- cause said that practicing Muslims State. ton, Mr. Pompeo falsely alleged that cannot be loyal citizens of the United President Trump has tweeted about American Muslim leaders were ‘‘poten- States. These anti-Muslim groups be- Senate Democrats that it is ‘‘hard to tially complicit’’ in violent acts for came stronger, became more deeply believe obstructionists may vote failing to speak out. Under my ques- intertwined into the mainstream be- against Mike Pompeo for Secretary of tioning at the confirmation hearings, cause they have allies like Mike State.’’ Others have accused Democrats he refused to apologize for these com- Pompeo. It wasn’t a coincidence when of playing politics, pointing to past ments. Why was I concerned? It hap- a Presidential candidate stood up and Secretary of State confirmation votes pened in Boston. Why was I concerned? said: If you elect me, I will ban all that have faced less opposition in the Because the Muslim leaders in Boston Muslims from the United States, that Foreign Relations Committee and on had spoken out against that attack on he wasn’t laughed off the debate stage. the Senate floor, but this inference our Nation on Patriots Day, on mara- He wasn’t laughed off the debate stage that we simply should rubberstamp thon day in Boston. Mr. Pompeo has said he disagrees because this conspiracy of Secretary of State nominees is mis- with the characterization of his com- Islamophobia had penetrated the main- placed. Like all of my colleagues, I take my ment, but there is nothing to charac- stream because of its access to people article II advice and consent responsi- terize on the floor of the House of Rep- like the nominee to be Secretary of bility very seriously, so I would like to resentatives. His comments dispar- State. That is disqualifying to me. state why I oppose Mr. Pompeo’s nomi- aging Muslim leaders are part of the That is not about Mike Pompeo’s nation to be Secretary of State. public record. views. It is not about my differences My opposition is not about politics. How can Mr. Pompeo effectively rep- with the policies he is going to espouse It really isn’t about policy either. resent America to Muslim leaders as a Secretary of State. That speaks to While I disagree vehemently with around the world who are just as inter- his qualifications. many of Mr. Pompeo’s positions on ested as we are in preventing reli- This is one of the most important de- issues such as human rights, climate giously motivated violence? bates we are going to have. These are change, and the Iran nuclear deal, Mr. Pompeo now claims these state- exceptional times for both Republicans these differences alone are not enough ments were meant to demonstrate that and Democrats, dealing with an admin- to disqualify him or any nominee, for tackling extremism requires those who istration that conducts itself very dif- that matter. Fundamentally, my oppo- are the most credible voices to take an ferently from others. When it comes sition to Mr. Pompeo’s nomination is unambiguous stand against violence. down to it, I don’t think that by cast- about whether he can credibly fulfill Well, as the Secretary of State, Mr. ing a ‘‘no’’ vote I am violating the tra- his duties as our Nation’s chief dip- Pompeo would be considered our most ditions of this body, which have admit- lomat. Can he effectively and faithfully credible diplomatic voice around the tedly given deference to the President advocate for American diplomacy at world. How could Muslim nations ever in some of these choices for Cabinet po- home and abroad? feel respected when our top diplomat sitions. In this regard, as one of my esteemed has voiced such unambiguous hate? I don’t think Mike Pompeo really un- colleagues said while introducing Mr. Mr. Pompeo cowrote an article on derstands the importance of the sepa- Pompeo before the Foreign Relations migrants that blamed Sweden’s ‘‘rad- ration of powers between the Congress Committee, ‘‘Your background does ical’’ immigration policy on ‘‘political and the Executive when it comes to matter.’’ correctness.’’ America must be a leader war-making. I don’t think this is a Sec- So this is what concerns me about in finding pathways to protect Syrians, retary of State who is going to walk Mr. Pompeo’s past. Mr. Pompeo was Afghanis, and Iraqis fleeing the death into the room when big decisions are OK characterizing an Indian-American and destruction of war, in sheltering being made on foreign policy and argue political opponent as ‘‘just another the Rohingya seeking shelter from op- the diplomacy portfolio. By virtue of ‘turban topper’ we don’t need in Con- pression in Burma, and in addressing his longstanding association with gress or any political office that deals the countless other refugee crises groups that argued values antithetical with the U.S. Constitution, Christi- roiling the globe and threatening our to a diverse America, arguing that anity and the United States of Amer- collective security. That is not polit- Muslims have no place in this country, ica.’’ With a viewpoint like that, how ical correctness; that is our moral re- I don’t think he passes the test when it can he credibly represent the millions sponsibility. comes to a Secretary of State who of Indian Americans in the United America is a nation built by immi- doesn’t have an association with preju- States? Equally important, how can grants and refugees. Some 40 percent of dice. That would disqualify him from the United States be viewed credibly Fortune 500 companies were founded by being an effective advocate for us in by India’s 1.3 billion people, the world’s immigrants or the children of immi- parts of the world that practice faiths largest democracy and a critical Amer- grants. Google, Tesla, Yahoo, Intel, different than ours. So, for those rea- ican partner in promoting American and eBay are all companies that were sons, I am going to be voting no on values and ideals in Asia in the face of founded by immigrants. Given these Mike Pompeo’s nomination. At the a rising and ever more aggressive past statements, could Mr. Pompeo same time, as I said at the outset, I ac- China? Sadly, that display of intoler- truly represent the interests of a na- knowledge there are arguments for his ance wasn’t Mr. Pompeo’s only past of- tion made up of and built by immi- nomination, and I will hope my fears fense. grants? I do not believe that he can.

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.034 S25APPT1 S2422 CONGRESSIONAL RECORD — SENATE April 25, 2018 In the fight against violent extre- to our problems around the world, or licans hold? Should Republicans just mism, there is no more divisive issue reject solutions to the climate change willy-nilly vote against any future that erodes our ability to effectively that is threatening our planet. nominee who does not share our polit- cooperate with other governments than The President can choose his own ical or religious views? the use of torture. Mr. Pompeo has said Cabinet, yes, but the Senate must ad- That said, I would like to focus on that he won’t rule out bringing back vise and consent. No one wants to see other attributes of Director Pompeo’s the abhorrent practice of the United States without a top dip- which some have criticized but which I waterboarding. A man who has said lomat, especially at such an important see as assets. that those who carried out such actions time in world affairs, but having a Sec- By all accounts, this nominee’s ten- were ‘‘not torturers, they are patriots’’ retary of State who has so thoroughly ure at the CIA has been a success. How- will not be able to credibly convey to disqualified himself from credibly ever, some Senators who supported him governments with histories of human doing the job is no better. then are now arguing that he should rights abuses that these actions are Yes, I see and respect the former sol- not be Secretary of State because he is reprehensible with any semblance of dier and Member of Congress, the not diplomatic enough. moral authority. strong intellect who graduated first in First, let’s dismiss the more radical Today, French President Emmanuel his West Point class and edited the talking points about his being a war- Macron addressed Congress and urged Harvard Law Review, but I also see and monger. The theory is that President us to rejoin the international commu- hear Mr. Pompeo’s past comments and Trump is liable to start a war at any nity in the commitment to combating his more recent comments and posi- moment, so we need to force him, as climate change. He rightfully said that tions that many who support him are President, to have Cabinet officials there is no planet B. But Mr. Pompeo conveniently choosing to disregard. surrounding him who will counteract characterized the Paris negotiations as But we cannot do that. his impulses. We could have a hypo- an ‘‘elitist effort to reduce the power of So I advise President Trump to thetical debate about whether, if the the United States economy,’’ when, in choose a Secretary of State who em- American people elect a warmonger as fact, it was a historic effort by almost bodies the best of America’s values and President, he should be allowed to ap- every country in the world to tackle a diplomatic traditions and commu- point a warmonger Cabinet, but suffice global challenge that will be an exis- nicates them to the rest of the world, it to say that I don’t think that label tential threat to every single person on and I do not consent to the nomination applies to Mike Pompeo or Donald the planet. of Mr. Pompeo, who is not the person Trump, and I view such accusations as I believe in American ingenuity, for this important task. simply cheap partisan talking points. American enterprise, and American Thank you, Mr. President. On the other hand, it is fair to say leadership. I believe America must lead The PRESIDING OFFICER. The Sen- that Mike Pompeo doesn’t always the world in solutions to this genera- ator from Iowa. couch his words in diplomatic niceties. tional challenge. But how can we ex- Mr. GRASSLEY. Mr. President, at a He doesn’t mince words about the pect Mr. Pompeo to lead the Depart- time when we are facing serious inter- threats that we face. And his time at ment of State in bringing greater national challenges, from Russian med- the CIA has surely enhanced his stra- peace, security, and prosperity to the dling, to North Korean sabre-rattling, tegic thinking. That is good, and that American people through international to an increasingly assertive China, it is is exactly what we need at the State engagement if he does not believe in very essential that the President have Department. We need less diplomatic U.S. leadership, if he does not believe a qualified Secretary of State whom he double-talk and more clear-eyed, stra- that the United States is necessary for trusts to be on the job. tegic thinking about international solving global problems, especially Mike Pompeo unquestionably under- threats. global warming? stands the international challenges we Real diplomacy isn’t always about Mr. Pompeo has too much to apolo- face and is more than capable of being sweet talk. Sometimes it requires tak- gize for, too many statements to re- a very effective Secretary of State. ing a firm stand, and to be effective, it tract or explain, and too many con- When I talk to our allies, they are anx- should be part of a strategic vision troversial positions to defend. ious to see him on the job. that incorporates all the elements of Of most concern are Mr. Pompeo’s Unfortunately, some on the other statecraft. For instance, I hope we past statements suggesting that he val- side of the aisle are now claiming that have finally discarded once and for all ues military force over diplomacy even he is not suited for the post of Sec- the diplomatic impulse to make unilat- when diplomacy is a real option. retary of State because of positions he eral concessions to President Putin in While negotiations with Iran over its took as a Member of Congress or his hopes they will be reciprocated, as ex- nuclear program were underway, he ar- holding to traditional Christian teach- emplified by the Obama-Clinton reset. gued that military strikes on Iran were ings, as if a person’s religion ought to We all know it didn’t really reset. If preferable to diplomacy and that ‘‘it is have something to say about their you understand Russian history and under 2,000 sorties to destroy the Ira- being in public office or public service. Russian political culture, you know nian nuclear capacity. This is not an Others have spoken about that, and I that Russians, especially from a KGB insurmountable task for the coalition don’t have a whole lot more to add on pedigree, are likely to see this as a sign forces.’’ that point. I would note the irony, of weakness to be exploited. Diplo- Just a few weeks ago, under my ques- though, that many of the Senators who matic overtures to the Russians with- tioning during his confirmation hear- are most likely to vote against Cabinet out a corresponding demonstration of ing, he did not rule out a military solu- nominees are also rumored to have strength are simply an invitation to tion in North Korea, which would be Presidential ambitions. They should further aggression and misbehavior. disastrous for the 230,000 Americans ask themselves if they truly want to I think we are finally arriving at a who live on the Korean Peninsula. live with the precedent they are set- bipartisan consensus that Russia is a There is no military solution to the ting. major geopolitical foe. Mike Pompeo North Korean nuclear threat. Only You don’t have to like the President has made clear that he has no doubts through sustained diplomacy and eco- personally or support the President’s about the threat from Russia. He un- nomic pressure, in close coordination policies, but as an American, it is in all derstands the need to push back and with our allies, will we be able to nego- of our interests to have a fully func- push back hard against Russia’s at- tiate peaceful denuclearization of tioning executive branch, especially tempt to dominate its neighbors and North Korea. when it comes to foreign policy. sow discord in the West. The threat America’s top diplomat should em- If a mainstream Republican former from Russia will need a strategic plan body the best of America’s values and Member of Congress is deemed unac- that integrates all the elements of diplomatic traditions, not attack peo- ceptable because of his beliefs, how statecraft, including government-to- ple’s race, defend torture, promote di- should mainstream Republicans vote government diplomacy alongside mili- vision, ignore human rights, propose when faced with future nominees who tary deterrence, intelligence and coun- military force as the primary solution do not share the beliefs that Repub- terintelligence, cyber security, and

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.036 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2423 public diplomacy, just to name a few, erences extended to developing coun- to be Secretary of State, we have to and there are a lot of others. tries. China erects nontariff barriers in ask ourselves many questions. Among Another area where some clear-eyed ways that just very barely skirt trig- them are these: Will Mr. Pompeo offer strategic thinking is even more crucial gering WTO compliance in violation of the kind of independent judgment that is our approach to the People’s Repub- the spirit of the level playing field the is necessary to help restrain President lic of China. So I just stated: Consider WTO seeks to create. Trump’s worst impulses, or will he be China a bigger threat than Russia. I The Chinese military is 60 percent somebody who becomes a ‘‘yes’’ man to just returned from a trip to China with larger than the U.S. military, and its the President of the United States? several colleagues at the beginning of efforts to claim exclusive control over Will Mr. Pompeo continue in his past this month. It was an eye-opener. We the South China Sea, in violation of attitude, which reflects a ‘‘shoot first, hear a lot about how China is embrac- international law by creating artificial ask questions later’’ approach to for- ing capitalism and becoming more and islands, reveals an expansionist im- eign policy? And can somebody like more like us. Just don’t believe it. The pulse. You can’t hide those islands. Mr. Pompeo, who has made very divi- Chinese Communist Party has modified You know it implies dominance. sive, polarizing, and, in fact, hateful re- its economic policy to allow for eco- However, the threat from China is marks here in the United States be nomic growth, but it still serves the in- not mainly military. The influential able to reflect American values terests of the state, not the interests of ancient Chinese military strategist abroad? the people. It is not a free market, Sun Tzu focused on the role of decep- I regret to conclude that I do not clearly, because they admit that their tion over combat. He famously said: think Mr. Pompeo can pass these tests, economic system is what they would ‘‘To subdue the enemy without fighting and I will oppose his nomination for call authoritative capitalism, aka mer- is the acme of skill.’’ Secretary of State. cantilism. Now, get this. The problem we face We all know that our country is fac- I visited with government officials at is, we are being treated like an enemy ing formidable challenges. Armed con- the national and local level, Chinese to be subdued without realizing it. I flicts are raging in the Middle East, Af- and American businesses, and Amer- say all of this not to be an alarmist but rica, and Asia, creating refugee crises ican diplomats. The Chinese officials to point out that China sees itself in a across borders. Russia’s campaign to and the Chinese businesses had their long-term strategic struggle with the undermine Western democracies con- talking points down almost too well. United States. We don’t need to over- tinues at pace and has sharpened divi- However, the impression that I took react to this fact, but we do need to be sions in our society. It has bolstered away from the visit is that the Chinese aware and to apply some clear-eyed populous movements at home and Government will do anything—legal or strategic thinking of our own. In that abroad, and we have seen terrorist net- illegal, moral or immoral, ethical or respect, Mike Pompeo’s unique back- works continue to expand their reach unethical—to get ahead of the United ground seems perfectly aligned with into information space. Changes in our States, and when they get ahead, to the task ahead to develop a strategic climate have resulted in drought, nat- stay ahead. foreign policy toward China incor- ural disaster, and famine, and as the China coined the term ‘‘peaceful porating all the elements of statecraft. President of France reminded a joint rise’’ to describe its drive to become a Because I have mentioned aspects of session of Congress today, there is no great power, which is designed to sound Chinese culture to illuminate the stra- planet B. very benign. In fact, China later tegic thinking on the part of the Peo- Of the many crises we are con- changed this slogan ‘‘peaceful rise’’ to ple’s Republic of China, I don’t want to fronting, at least one of them is en- ‘‘peaceful development’’ out of concern give the impression that this is a clash tirely of President Trump’s own mak- that the word ‘‘rise’’ sounds threat- of civilizations. On the contrary, it is ing, and that is the potential unravel- ening. Just to be clear, I am not not traditional Chinese culture that is ing of the Iran nuclear agreement. Let threatened by Chinese economic the problem; it is the unreconstructed me say that I agree with all of those growth. Leninist nature of the state system who believe that we should never allow The development of a truly peaceful, that is the problem. Iran to have a nuclear weapon. That is free market democracy, no matter how It is sometimes claimed that Chinese exactly why it is so important to keep large, would not be threatening be- culture is not compatible with democ- that agreement in place. cause democracies generally do not racy, but that is hogwash. The proof to In just a few weeks, President Trump threaten each other, and free enter- the contrary is the Republic of China will make a decision. He will decide prise is mutually beneficial. The fact on Taiwan. Taiwan is a fully func- whether to waive the nuclear-related that so many Chinese people have been tioning, prosperous democracy with sanctions on Iran in order to keep the lifted out of poverty and into the mid- the same Chinese culture and tradi- Iran agreement intact or whether to dle class is a good news story for hu- tions. blow up that agreement. manity. It is also good for the United This same democracy is what main- As the President of France reminded States. The more Chinese people who land China could have also if it is able us today, that agreement was forged can afford to buy our pork and soy- to shed its one-party dictatorship, and with our European allies, Russia and beans, our John Deere tractors, and our I hope it will shed that someday. China, and yet it has cut off Iran’s advanced manufacturing, the better for In the meantime, we need leaders in pathways to nuclear bombs, it has im- Iowa and our national economy. our government who see China clearly posed very tough constraints on their Free trade on a level playing field en- and have the ability to think strategi- nuclear program, and it has subjected riches both participants. Unfortu- cally. Mike Pompeo seems to me to be Iran to the most comprehensive inspec- nately, China is not interested in a just that kind of a person, so I am tion and monitoring regime ever nego- level playing field. It seeks dominance happy to support his confirmation as tiated—an inspection regime that economically, militarily, and politi- Secretary of State. would disappear if we backed out of I yield the floor. cally. Confucius said: ‘‘Heaven does not that agreement, leaving us blind to ex- I suggest the absence of a quorum. have two suns and the people do not actly what the Iranians were doing The PRESIDING OFFICER (Mr. LEE). have two kings.’’ By the same token, The clerk will call the roll. with respect to their nuclear program. the Chinese leadership does not think The legislative clerk proceeded to Our State Department, our Defense there is room for two great powers in call the roll. Department, and our intelligence com- the world. Mr. VAN HOLLEN. Mr. President, I munity have all assessed time and China seeks the advantage of trade ask unanimous consent that the order again that Iran is in compliance with with the United States but not mutu- for the quorum call be rescinded. the nuclear agreement. Secretary of ally beneficial free trade in the spirit The PRESIDING OFFICER. Without Defense Mattis testified before the of the WTO. Despite having a middle objection, it is so ordered. Senate Armed Services Committee just class that is bigger than ours in the Mr. VAN HOLLEN. Thank you. last fall that the Iran deal was in the United States in absolute numbers, Mr. President, as the Senate con- national security interest of the United China still claims to need special pref- siders the nomination of Mike Pompeo States. Despite that consensus even

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.037 S25APPT1 S2424 CONGRESSIONAL RECORD — SENATE April 25, 2018 among the President’s current team, So while Mr. Pompeo has said that ings did not build anything. You can play the President is talking about reck- Russia will meddle again in our mid- with fear and anger for a time, but they do lessly shredding the agreement. term elections, he has been much not construct anything. As President Macron of France quieter and softer since his nomination What we have heard from President warned us today, such a move would be was presented by the President with re- Trump is exactly the stirring of anger very reckless and it would be reckless spect to President Trump’s soft ap- and division that the President of to replace what we have today without proach to Russia and Putin. France warned about in his talk today having something to substitute for it. It is also a fact that our next Sec- to the Congress. It is those fears that Mr. Pompeo has weighed in on this retary of State will be responsible for President Trump has sought to exploit issue over the years. It is not only that managing tens of thousands of Foreign rather than to rise above and to lead. he has been a fierce opponent of the Service officers, civil servants, and lo- As I look at the record of Mr. Iran deal, but he has proposed military cally employed staff of the State De- Pompeo and as I listen to the state- strikes against Iran. In 2014, he said partment at our embassies and con- ments he has made, including many re- that it would take ‘‘under 2,000 sorties sulates overseas. pulsive statements about different to destroy the Iranian nuclear capac- We all know that at the State De- groups within the United States, I have ity. This is not an insurmountable task partment today, we are witnessing his- to conclude that he does not reflect the for the coalition forces.’’ torically low morale. In his budget, great tradition in American foreign That is a dangerous illusion—the no- President Trump has tried to gut the policy of standing up for those uni- tion that there would be absolutely no State Department of its personnel and versal values that the President of response to an American attack on resources, issuing two budgets in a row France talked about today. It is a sad Iran’s nuclear facilities. that cut the State Department’s budg- moment in our history when it requires Iran, of course, is right next door to et by over 30 percent. You cannot con- a President from France to remind us Iraq, where the United States spent an duct the diplomacy of the greatest of those universal values. ill-fated number of years, at a great country on Earth with two hands tied France has been a leader in the loss of lives both to Americans and behind your back. Yet I heard nothing world, but the United States has been from Mr. Pompeo about challenging Iraqis and at great cost to the public. the chief organizer of the post-World the President with respect to the deep To just talk offhand about bombing War II era. And our friends in France, cuts to the State Department and the Iran as the solution is not the kind of in England, in Germany, and other al- resources that he will have available to sentiment or mindset that we want in lies not just in Europe but around the him to conduct American diplomacy. the Secretary of State for the United There is also the very long history of world have stood with us. Yet, in this States of America. really awful remarks that Mike administration, we see a full retreat The idea that he somehow had a con- Pompeo has made toward various mi- from that kind of American leadership version to diplomacy is difficult to be- nority groups here in the United around the world. lieve, given the testimony that he has States, including Muslims and the I regret to conclude that, looking at provided and the statements that he LGBT community. You have to wonder Mr. Pompeo’s record and statements, has made. how somebody who has made these he is part of the retreat and not part of We also know that we are at an in- comments is going to be able to over- the leadership that we need in the 21st flection point when it comes to the sit- see a State Department that has patri- century. So I ask my colleagues to op- uation in North Korea. In a span of just otic Americans who are Muslim Ameri- pose this nomination. We can do bet- a few months, President Trump has cans, who are LGBT, and who come ter. We need to remind every Member veered from taunting Kim Jong Un from other minority groups. How do of this body that the United States has over Twitter to recently calling him you lead an agency when you have always stood up for those values that ‘‘very honorable.’’ We are all rooting made those kinds of comments about are in our Declaration of Independence for diplomacy to succeed in North people in your workforce? And how do and in our Constitution, and we need to Korea, but we all know that the open- you represent American values over- uphold those values in the conduct of ing rounds are, in fact, the easiest legs, seas when you have disregarded those our foreign policy. and that reaching a credible and last- important values here at home? Thank you, Mr. President. ing accord with North Korea will take Mr. Pompeo has said that Muslims The PRESIDING OFFICER. The Sen- significant time, hard bargaining, and ‘‘abhor Christians.’’ He has said that ator from Rhode Island. the support of our partners and allies all Muslim leaders were ‘‘potentially DARK MONEY in the region. complicit’’ in acts of terrorism. He has Mr. REED. Mr. President, I rise When it comes to Russia, President made other statements and has not today to join my colleagues and to as- Trump’s affection for President Putin condemned statements made by groups sociate myself with their remarks on continues unabated. Two weeks ago, he that were supporting him. the critically important issue of unlim- rejected the sanctions on Russian com- We have heard today from the Presi- ited and unaccountable money in our panies found to be assisting Syria’s dent of France, Mr. Macron, a speech political system. I would like to thank chemical weapons program, contra- that uplifted the best of American val- my colleague from Rhode Island, Sen- dicting his own U.S. Ambassador to the ues and French values. It was a speech ator SHELDON WHITEHOUSE, for orga- United Nations. Then, he earlier con- that could have been given by earlier nizing this speaking series and for gratulated Putin on winning the elec- American Presidents, Republican or being a national leader on the issue of tion—an election that we all know was Democrat. He called upon America, campaign finance reform. a sham election and that the outcome France, the NATO allies, and other While my colleagues make important was never in doubt. It was marred by freedom-loving democracies and coun- points about how our rigged campaign ballot stuffing and forced voting, and it tries that respect the rule of law to finance system can and does serve as a was hardly what you would call a fair seize the mantle of leadership. channel for anonymous billionaires and and free election. He said: special interests to exert undue influ- When it comes to Russia, despite ap- We can actively contribute together to ence across our political system, I peals from Republicans and Democrats building the 21st-century world order for our would like to focus my remarks on a in this body and in other parts of the people, for all people. The United States and related issue: how our broken cam- country, the President has decided not Europe have a historical role in this respect, paign finance system also threatens because it is the only way to defend what we to take action to address the threat of believe in, to promote our universal values, our national security. Russian cyber attacks in our upcoming to express strongly that human rights, the There is no serious dispute that ma- elections. In fact, Admiral Rogers, the rights of minorities, and shared liberty are lign foreign actors like Russia are former head of the U.S. Cyber Com- the true answer to the disorders of the world. working to subvert our democratic mand, testified just in February that He warned against using anger and processes and sow chaos in our polit- President Trump had not directed him fear to divide us. He said: ical system. As we have seen, their to confront Russian cyber operations We are living in a time of anger and fear strategies depend not on direct conven- at their source. because of the global threats, but these feel- tional attacks upon our Nation, but an

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.039 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2425 asymmetric approach that exploits the campaign associates detail how If sophisticated special interest existing divisions and vulnerabilities of Torshin allegedly cultivated people as- groups in our country rely on dark our open society, our democratic insti- sociated with the NRA to influence the money to pursue their political agen- tutions, and our free markets. 2016 election. His ultimate goal alleg- das, and the Kremlin and Kremlin- Even though we are now aware of edly was to arrange a meeting during linked actors can exploit this vulnera- this, we have not taken the necessary the campaign between then-Candidate bility, then it stands to reason that steps to repair the situation. Indeed, Trump and Putin. Press reports indi- other foreign actors can also manipu- our Nation retains a campaign finance cate that the FBI is currently inves- late our system. As long as we main- system that empowers anonymous do- tigating whether Torshin illegally fun- tain a system wherein a political nors to funnel unlimited amounts of neled money to the NRA to assist the spender can be a corporation that re- money to influence public policy at Trump campaign in particular. ceived money from another corpora- every level of government, and to hide Indeed, if Russia did use the NRA to tion, which, in turn, received money their actions behind corporations. circumvent public scrutiny of its elec- from yet another corporation, there This misguided system, which fell toral meddling, it would have been fol- will be no accountability in our cam- into place in the wake of the Supreme lowing the same pattern as the Koch paign finance system. Court’s Citizens United decision in network. Robert McGuire from the Even if it cannot be proved that ille- 2010, allegedly has been exploited by Center for Responsive Politics stated: gal campaign spending is changing foreign adversaries to advance their ‘‘We’ve seen some of the groups in the electoral outcomes, I believe it is unac- agendas on our soil. Koch network give large, six and seven ceptable for our Nation to knowingly How does this threat work? Prior to figure grants to the NRA—knowing permit an open conduit for foreign Citizens United, an incorporated entity that the NRA is going to spend the meddling in our elections, which has an did not have the same right as a flesh- money on ads in an election. . . . The effect on our national security. Our and-blood human being to make con- Russians could easily have funneled system of government depends on pub- tributions and expenditures in elec- money into the NRA coffers using a lic faith that election results reflect tions. This distinction makes sense. similar pathway. . . . A legal, osten- the will of the American people. Corporations typically are permanent sibly apolitical donation to the NRA by Going forward, I intend to speak fur- legal entities. They can amass outsized Russia could have freed up other re- ther on this topic and work on ways to sums of wealth and, critically, they stricted funds to spend on politics.’’ give authorities much stronger tools to can shield the human beings behind While money is fungible, it is quite prosecute the laundering of foreign them from scrutiny and liability. It is striking that the NRA spent over $30 money in our campaign finance sys- easier for those who wish to cir- million to assist the Trump cam- tem. In my view, this is not just an ad- cumvent the laws protecting our demo- paign—two-and-a-half times more than ministrative or an election issue; this cratic system to do so from behind a what it spent in 2012 to assist Mitt is a national security and international corporate mask. Thus, when the Su- Romney. criminal issue, and as such, there preme Court gave corporations the These allegations regarding links be- should be investigations and prosecu- right to make unlimited independent tween Russia and the NRA are among tions on that scale. I invite my col- expenditures in elections, it also the most widely reported, but there is leagues to work with me on this impor- opened the door for those who wish to evidence of other instances where tant issue, and I thank my colleagues hide their election spending to cover Kremlin-linked oligarchs and their al- again for highlighting the need to take their tracks with shell companies and lies allegedly directed money into unaccountable money out of our poli- other entities that only exist on paper. American elections. For example, tics. Our Nation historically has sought to Viktor Vekselberg, another close Putin With that, I yield the floor. I suggest the absence of a quorum. ally and oligarch who made billions safeguard our system of government The PRESIDING OFFICER. The from a government-sanctioned oil deal, from foreign influence. The Constitu- clerk will call the roll. tion requires the President to be a nat- allegedly funneled over $250,000 The legislative clerk proceeded to ural-born citizen. Early lobbying dis- through a U.S. corporation run by his call the roll. closure reforms were crafted with the cousin to spend on the 2016 election. Mr. TILLIS. Mr. President, I ask threat of foreign propaganda in mind. The cousin had no prior history as a unanimous consent that the order for And it remains a Federal crime for a major political donor before the last the quorum call be rescinded. foreign national, directly or indirectly, election cycle. Vekselberg was also re- The PRESIDING OFFICER. Without to spend money to influence our elec- cently sanctioned by the Trump admin- objection, it is so ordered. tions. But how can we know that au- istration for his close ties to Putin and ORDER OF PROCEDURE thorities have the tools they need to alleged role in advancing Russia’s ma- Mr. TILLIS. Mr. President, I ask enforce the law consistently when the lign influence activities. Special Coun- unanimous consent that notwith- law permits donors to funnel unlimited sel Mueller is also reportedly inves- standing the provisions of rule XXII, at sums into elections and cover their tigating whether Vekselberg funneled 12 noon on Thursday, April 26, there be tracks with shell corporations? money into the 2016 election. 4 minutes of debate, equally divided; There are serious allegations that These are two illustrations of how that following the use or yielding back foreign actors have taken advantage of those from Putin’s inner circle may of that time, the Senate vote on the this vulnerability in our system. CNN have sought to influence our elections. motion to invoke cloture on the reported in early April that Special Some of these methods may appear Pompeo nomination; that if cloture is Counsel Mueller is investigating legal because the source of the money invoked, all time be considered expired whether Russian oligarchs used dona- on paper was a person who is legally al- and the Senate vote on confirmation tions to think tanks, political action lowed to make expenditures on Amer- without intervening action or debate. I committees, and straw donors to cover ican elections. But experts, like Louise further ask that following disposition their illegal campaign spending in the Shelley, director of the Terrorism, of the Pompeo nomination, the Senate 2016 cycle. Transnational Crime and Corruption resume consideration of the Grenell One figure who is suspected of this Center at George Mason University, nomination, with the time until 1:45 type of malign influence-peddling is doubt that these sums could have en- p.m. equally divided in the usual form; Alexander Torshin. Torshin is the dep- tered our political process without ap- and that at 1:45 p.m., the Senate vote uty governor of the Central Bank of proval from the Kremlin. As she puts on the motion to invoke cloture on the Russia, a close Putin ally, and was re- it: ‘‘If you have investments in Russia, nomination. I further ask that if clo- cently sanctioned by the Trump admin- then you cannot be sure that they are ture is invoked, all time be considered istration, along with other oligarchs secure if you go against the Kremlin’s expired and the Senate vote on con- and high-ranking Russian Government will. You can’t be an enormously rich firmation without intervening action officials. Multiple press reports stem- person in Russia, or even hold large or debate; and that with respect to ming from documents turned over to holdings in Russia, without being in both nominations, the motions to re- congressional investigations by Trump Putin’s clutches.’’ consider be considered made and laid

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.040 S25APPT1 S2426 CONGRESSIONAL RECORD — SENATE April 25, 2018 upon the table and the President be im- porations who fund it, and their country—State and Federal. It is actu- mediately notified of the Senate’s ac- funders are very, very hard to track be- ally a pretty good-looking product. tion. cause Heartland keeps its donations se- This is a copy of it. It is actually really The PRESIDING OFFICER. Is there cret. But we know that donors like the well done and well laid out in color, so objection? Koch brothers, ExxonMobil, and the it is not immediately obvious that this Without objection, it is so ordered. Mercers are some of Heartland’s big- isn’t even analysis. It looks like a pub- The Senator from Hawaii. gest funders, and these donors just so lication from a scientific institution. DARK MONEY happen to benefit from American inac- The people they quote or rely on for Mr. SCHATZ. Mr. President, in his tion on climate. data are almost always from industry- confirmation hearing last January, If the government does what Heart- supported think tanks funded by the EPA Administrator Scott Pruitt said land wants and stops protecting the en- same people. This month, they high- there was evidence that climate change vironment, these people will profit. It lighted one of their own policy ana- had actually leveled off over the past is almost as if the Heartland Institute lysts who said that Oklahoma should two decades. exists to promote the interests of its not subsidize wind power because the In response to Mr. Pruitt’s com- donors. industry can’t survive without sub- ments, an atmospheric scientist in Last year, they mailed a package to sidies. They claim that wind energy is California named Benjamin Santer hundreds of thousands of science teach- far less reliable and far more expensive pulled together some colleagues to ers. It had pamphlets, a DVD, and a than the power derived from fossil fuel. study satellite data from around the book called ‘‘Why Scientists Disagree Who benefits from that analysis? world. They found that Mr. Pruitt was about Global Warming.’’ The mass The fact is that wind energy is now in fact wrong, and they prepared to mailing was an effort to disseminate the largest source of reliable elec- publish their findings in Nature Sci- fossil fuel industry talking points as tricity-generating capacity in the entific Reports. curriculum for science teachers. They United States. In Oklahoma alone at Then something pretty weird hap- tried to send it to every middle school, least 30 percent of all power consump- pened. A few of the scientists came for- high school, and college teacher in the tion comes from wind farms, and sub- ward and said that they didn’t want country. sidies for fossil fuels are 40 times those their names listed on the research. The institute has also done every- for clean energy. They were worried about their ability thing it can to defend Mr. Pruitt, who Also in their April newsletter, Heart- to get a green card in the United is being investigated for a historic land claims that natural gas has little States. Mr. Santer told the New Yorker number of ethical lapses. Heartland effect on global temperatures. But re- that this was the first time in his life wrote a letter to the White House just cent evidence shows that methane that he had seen his colleagues fear recently that called on the President emissions from oil and gas are vastly putting their names on research be- to continue supporting Mr. Pruitt. The undercounted. cause they were worried about the neg- letter said the 10 ethical investigations The temperature data on the back ative consequences for themselves and into Mr. Pruitt amount to ‘‘an orches- cover of this newsletter is from a cli- their families. trated political campaign by [the mate denier at the University of Ala- In this country, scientists should not President’s] enemies.’’ bama whose data is considered unreli- work in fear. They should not worry Heartland also supports a new pro- able and biased by the vast majority of about their work being politicized. But posed EPA rule, and—get this one—it the scientific community. This is not this is where we are, and it is a mo- is a new EPA rule that will restrict the normal intellectual dissent within the ment that has been carefully planned use of scientific studies in EPA deci- scientific community. This is not nor- by a small group of people who do not sion making. It will restrict the use of mal political dissent about what our want the United States to act on cli- science in EPA decision making. energy future should be. These people mate. Because of these groups, the The American Association for the are propagating propaganda. This is United States is home to the only Advancement of Science, the American not the work of a legitimate think major political party that opposes cli- Chemical Society, the American Lung tank. A legitimate think tank does not mate action. Because of these groups, Association, and the National Council ignore facts and evidence. It does not Scott Pruitt—a man who denies that for Science and the Environment are publish data from a climate denier who climate change is real and that it is some of the 50 science organizations is known in the science community for caused by humans—is running the Fed- and higher education institutions that publishing work loaded with errors. eral Agency charged with dealing with have opposed the new rule. But the They are pushing us away from climate change. Heartland Institute is for this rule. science and from doing the hard work For too long, these groups have gone I want to be really clear about this. of protecting and preserving our coun- unchallenged, their web of deceit un- This isn’t about someone having a con- try’s clean air and water so that a few touched. So I am joining with my col- servative ideology or different view of their donors can continue to make leagues to shine a light on these groups from mine about what our energy fu- as much money as possible. and how they have warped our ability ture ought to be. There is no leftwing I was pleased with President to make good choices. equivalent of the institute that acts Macron’s speech today. There was so The Heartland Institute was started like this. Brookings, the Center for much he reminded us that we had in in 1984, ostensibly by a group of Lib- American Progress, and other left-lean- common, not just between America and ertarians. Each of their positions boils ing think tanks all have dissent within France but between Democrats and Re- down to the idea that the government their ranks, and even on the right, AEI publicans. As he reminded us of our has no role—not to work on ending to- and many others have legitimate aca- great history together, as he reminded bacco use or to define what health in- demic discussions within the context of us of our cultural exchange, as he re- surance should look like. But they are their political philosophy. That is not minded us of our military cooperation, especially focused on keeping the gov- what this is. These other think tanks he also reminded us that our great de- ernment from doing anything about do not ignore scientific facts because mocracies believe in science. We have climate change. they are real think tanks. But Heart- to believe in science. We have to be- The Heartland Institute denies that land is not a think tank in any true lieve in expertise. It is absolutely ap- climate change is happening, and I dis- sense of the word. Their work is fo- propriate. agree with them. Ninety-seven percent cused not on promoting analysis based The Presiding Officer and I do not of all climate scientists disagree with on science but on trashing analysis share the same political philosophy, them. But they are not playing by the based on science. If you don’t know but we have to share the same set of average think tank rules because they that, then you can easily think they facts. That is what is so damaging are not your normal think tank. Over are legitimate. about a so-called think tank like the years, the Heartland Institute has For example, the Heartland Institute Heartland. They are not like AEI; they gained a reputation for, as one website sends a monthly newsletter about cli- are not like CAP; they are not like put it, being a mouthpiece for the cor- mate issues to every legislator in the Brookings. They are not like any other

VerDate Sep 11 2014 02:42 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.049 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2427 think tank in Washington, DC, that on uled in rural communities. They are al- and so-called independent expendi- the level, from the standpoint of their ways amazed that we are having those tures. Even simple questions asked of own political philosophy and their own kinds of discussions—my colleague these powerful groups influencing cam- objectives, tries to get the right an- Senator MERKLEY does them as well— paigns—questions like, ‘‘Do you get swer. That is an absolutely appropriate because it seems that in most of the money from overseas,’’ the Congress function for an institution to serve in country, everything that resembles the and the American people cannot get a this city, but what these guys do is not government we know so well, direct straight answer. that. contact, open to all town meetings, is There are Members who want to see I think it is very important that we getting drowned out by a deluge of dol- real changes made to bring some sun- draw a distinction between those who lars that creates all of this noise—fake light into this system. They see how are relying upon facts and science, and noise, to use the language of the important this is, giving the onslaught those who are not. That is why I want- times—that drives out real discussion of attacks on the campaign finance ed to point out what Heartland is all about substantive issues. laws that are coming from the Su- about. I am going to talk about an example, preme Court. These attacks are one I yield the floor. one that has certainly generated some major reason why I have cosponsored I suggest the absence of a quorum. real concern over the last few months. legislation to create a constitutional The PRESIDING OFFICER (Mr. If you want to see what is wrong with amendment allowing Congress and the TILLIS). The clerk will call the roll. the election system, in my view, you States to regulate and restore faith in The bill clerk proceeded to call the don’t have to look much further than our campaign finance system. roll. With respect to this approach, I Mr. WYDEN. Mr. President, I ask some of the letters I have exchanged didn’t arrive at this judgment casually. unanimous consent that the order for recently with the National Rifle Asso- Constitutional amendments, in my the quorum call be rescinded. ciation. A few months ago, there were The PRESIDING OFFICER. Without news reports of a potential financial review, ought to be reserved for those sit- objection, it is so ordered. lationship between a Russian oligarch uations when the delicate balance set Mr. WYDEN. Mr. President, it is hard close to Vladimir Putin and the NRA. up by the Founding Fathers has been to find the words that will truly reflect The big question was whether the Rus- upset or, in this case, jurisprudence what an abomination the campaign fi- sian money had been funneled into the that governs the system has also nance system in America has become. NRA to assist the Trump campaign and changed. That is the situation and the The fact is, the only people who seem influence the outcome of the election. challenge our country faces today. happy with the current state of cam- In my view, I would say that is a ques- I know several Members of this body paign finance are billionaires who have tion that most right-minded Americans have put policy ideas forward. Many of phones full of contact information of would like to have answered. them, in my view, have real merit. Vir- the most powerful people in the land. I am the ranking member of the Sen- tually all of them, in my view, would Otherwise, if you are a typical Amer- ate Finance Committee, where we have be an improvement on this rotten ican—putting in a hard day’s work, jurisdiction over the Federal Tax Code. abomination of a campaign finance supporting your family—you probably That includes the rules that pertain to system that exists today. Virtually have the sense the campaign finance political groups and tax-exempt every day folks back home get inun- laws are rigged for the big and the pow- 501(c)(4) organizations like the ones dated with the smarmy political ads erful. that are maintained by the NRA. I sponsored by groups that have these There was an era when running for began in a series of letters that were names that are just nonsense—names office was as simple as putting your sent to the organization, sent to the like the ‘‘American Association for name out for the public, getting a few NRA, to ask questions about their for- American Values in America.’’ There is local civic groups in your corner, and eign funding. The series of shifting an- one after another. I will hear about bringing in a few modest donations to swers I got in return from the NRA was what citizens think about this during get your campaign off the ground. Cer- enough to give you whiplash. First, those nine townhall meetings that I am tainly, it is not that way anymore. It when we inquired—because we had seen going to be having over the next few has now been well chronicled how a all of these news reports—they said: days at home. Citizens often say it is wave of money—particularly from a ‘‘Nothing to see here.’’ really good to have our elected officials few secretive powerful individuals like Then, as we followed up and found do this. Sometimes they would kid me the Koch brothers—has flooded Amer- that a little hard to square with these that we have more cows than we have ican politics in the last few decades. public news reports, they said: ‘‘Well voters. That has grown exponentially in the . . . we get foreign funding, but just Still, we are here to have this con- years since the Citizens United deci- from that ONE Russian, and that’s it.’’ versation because that is what I think sion. The fact is, there has been a tidal Then, we heard another version of the American political system ought to wave of dark money buying influence what was going on at the NRA. They be about—direct communication, an across America’s political system. said it was a couple of dozen Russians ongoing discussion with voters, our ac- This isn’t just about too many polit- giving money to the NRA. We contin- tually being there, having the people ical ads on television and radio. Voters ued to follow up, and they told the we have the honor to represent be able know that unless they unplug entirely press and they told me: Hey, we are to look us in the eye, to ask questions, and settle for a life out in the woods, done with the Congress. We are not in- and say: We want to hear your they are going to see a lot of ads. Even terested in answering any more ques- thoughts because we believe that is beyond ads in the election season, tions. We are busy. We have other how we can hold you accountable. The there is this deluge of money buying things to do. flip side of that judgment is that they the support of beltway think tanks, That pretty much sums up the prob- don’t think they can do it with the currying favor among lobbyists, fund- lem we have heard described on the campaign finance system I have de- ing so-called social welfare organiza- floor this week with the campaign fi- scribed today. tions that, frankly, aren’t doing a nance system. The information Ameri- All of this is fed by these reports whole lot of social welfare. cans have access to in campaign fi- about lawmakers who march up to The bottom line is, for those like the nance reports is just the tip of the ice- Koch Industries in order to plead for Koch brothers, having deep pockets berg, just the beginning of unpacking support for one proposal or another. means you can buy the right to grab this whole question of where the When people read these articles, they hold of the levers of power of the Amer- money comes from in our political sys- say that it sure feels like that is what ican Government. You can create a tem. Everything under the waterline is the political system has become all whole lot of noise that virtually where it gets seedy, but powerful inter- about. It is why I have done even more drowns out the constituents back ests have managed to figure out how to open-to-all town meetings. It is one home. keep their handiwork hidden. The pow- way that I can show, at least on our I am heading home tomorrow. I have erful use shell companies to mask the watch, that that is what we are doing about nine townhall meetings sched- identities of who is funding campaigns to counter the fact that a handful of

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.050 S25APPT1 S2428 CONGRESSIONAL RECORD — SENATE April 25, 2018 the most powerful, like the Koch fam- military action over diplomacy in a po- Then there is Mr. Pompeo’s attacks ily, can generate a disproportionally sition that is supposed to bring the art on the Muslim community—falsely loud voice in our system of govern- of diplomacy to its full execution. I am claiming that Islamic leaders in Amer- ment. concerned about his statements of dis- ica were silent in the face of terrorist The fact is the campaign finance sys- respect and dishonor to the funda- attacks like the Boston Marathon tem is broken, and it is long past the mental nature of our Constitution bombing. It was not true, but he chose time to have fixed it. I have appre- under the first article that calls for to attack Muslim Americans—single ciated my colleagues’ coming to the Congress to be able to open the door to them out for assault. He said they were floor this week to speak out on it. the exercise of military power, not the ‘‘complicit’’ and failed in the ‘‘commit- I believe, as has been written, that President. I am concerned about his ment to peace,’’ not even bothering to this series of letters that I have ex- deep-rooted conflicts of interest that get the facts in advance. changed with the NRA, just over the may prevent him from tackling one of Then there is his longstanding oppo- last few months, is a textbook case of the gravest threats to humans on this sition to equal rights for LGBTQ Amer- how broken the campaign finance sys- planet; namely, climate change. So I icans. Much of what we try to do tem is—what happens when powerful will be voting against his nomination around the world is to lay out a vision organizations and individuals like the and felt it only appropriate to share of opportunity for all, and we should Koch family can have a more of my concerns. quit slamming doors in the faces of in- disproportionally large voice in the po- Let’s start with the issue of diplo- dividuals around the globe who are pur- litical system. macy. The United States led the world suing personal happiness, opportunity, I think the Senate ought to get about in working to stop the Iranian nuclear and success just as we try to end the the business of fixing this system and program, working with the P5+1 group door-slamming here at home—the dis- ending the current way in which polit- of states and with Iran to say that such crimination, the prejudice, the hatred, ical campaigns are financed, which, as a program of developing the basic ele- the bigotry, but Mr. Pompeo engaged I said when I began my remarks, is ments necessary for nuclear weapons in calling the end of discrimination a such an abomination that it doesn’t was absolutely unacceptable and bring- ‘‘shocking abuse of power’’ when the pass the smell test. ing to bear such international pressure Supreme Court ruled in Obergefell. Not I yield the floor. that Iran said: We will agree to that. only that, but when he went to the CIA I suggest the absence of a quorum. We will agree to that. We will dis- and the mother of Matthew Shepard The PRESIDING OFFICER. The mantle our nuclear powerplant—our was scheduled to give a speech on hate clerk will call the roll. plutonium plant. We will fill it with crimes, he canceled, at the last second, The bill clerk proceeded to call the concrete. We will proceed to eliminate her speech. He did not want the mother roll. the stockpile of uranium enriched up of a victim of hate crimes to talk about Mr. MERKLEY. Mr. President, I ask to 20 percent. They agreed to cut the the crime against an LGBT American unanimous consent that the order for stockpile of low-enriched uranium by strapped to a wire fence and left to die. the quorum call be rescinded. 98 percent, to profoundly reduce its gas Shouldn’t that be exactly the sort of The PRESIDING OFFICER. Without centrifuges, shutting down two-thirds speech that should be given about our objection, it is so ordered. of them. On top of that, Iran agreed to respect for all Americans and about Mr. MERKLEY. Mr. President, we the most aggressive and furthest reach- how much we stand against hate are at a critical moment in world his- ing inspections that the International crimes? tory, filled with innumerable dangers Atomic Energy Agency has ever had in So that is very disturbing, when you and challenges. Russia is causing enor- any agreement, giving us profound in- go into a world where respect for peo- mous trouble attacking the foundation sights into the operation of their nu- ple of every religion, from every part of of democracies around the world, inter- clear program or, to put it differently, the world, is part of the negotiating fering in our elections, developing new profound insights into the operation of power and strength of America. If you tools to move public opinion in coun- their program and the dismantlement disrespect people, they do not join us tries other than its own while hiding of their program. in partnership to solve problems. So behind robotic social commentaries. Yet Director Pompeo has condemned those are my concerns on the diplo- We have a nuclear-armed North Korea this effort in diplomacy to stop the macy side. seeking legitimacy and recognition and uranium program. He has told me it I am also concerned that he ex- critical talks about to occur over the was unneeded because Iran wasn’t pur- pressed a complete lack of interest in effort to denuclearize the Korean Pe- suing a nuclear weapon. Well, quite in- the constitutional power invested in ninsula. Syria is not just in the grip of teresting, but Iran was pursuing, clear- article I, which is the article for Con- a civil war, it is in the grip of a frac- ly developing, all the elements nec- gress to declare war. He indicated that tured chaotic state as a result of the essary to have a nuclear weapon, and the President had unlimited power in destruction of cities and towns that represented a significant threat to article II, which is the ability to con- throughout the nation, leaving them as the United States of America, and this duct a war after Congress has author- destroyed shells of buildings with in- agreement stops that threat in its ized it, but he seemed to completely frastructure completely decimated. We tracks. So he condemned it, not just overlook that first step of congres- have a humanitarian crisis in Burma saying it wasn’t necessary but that it sional authorization. and Bangladesh with massive ethnic showed negotiations occurred ‘‘where We have tried to encapsulate that cleansing. We have four famines un- we should have shown strength,’’ and congressional authorization in the War folding in Africa, with 20 million peo- he said the United States ‘‘bowed when Powers Act, making it clear that the ple at risk of starvation. In every place we should have stood tall.’’ President cannot take us to war with- you look, there are more of these chal- What did he mean by that? He meant out a declaration of war or, second, lenges related to corruption of foreign we didn’t need an agreement in order without explicit authorization through governments, to climate chaos, to civil to stop the Iranian nuclear program be- something like an authorization for conflict. cause we had something else. We had the use of military force or without a We need a Secretary of State who can the sword that we could stop their nu- direct emergency involving an immi- help navigate our country in these dif- clear program with, as he put it, ‘‘2,000 nent attack on the United States, our ficult times. We need to be able to sorties’’—‘‘2,000 sorties,’’ he said, ‘‘to assets, or our forces. It is the War Pow- work with neighbors around the world, destroy the Iranian nuclear capacity ers Act that embodies the heart of the with allies around the world, exercising . . . is not an insurmountable task for Constitution about the conduct, the diplomacy in partnership with the [United States] coalition forces.’’ ability, and the limitations on the strength of the United States. Simply carrying the sword and say- President to start a war. It is given to I come to the floor to share that I ing we could stop other nations from Congress to decide whether or not we have grave doubts that Mike Pompeo doing things by bombing them is not can go to war, and Mr. Pompeo does does not bring the right skills to this the expertise we need in a Secretary of not agree with that important, impor- job. I am concerned about his choice of State. tant congressional factor. I don’t

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.052 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2429 know, quite frankly, how one can take LEGISLATIVE SESSION Scientists warn that without signifi- the oath of office and not respect the cant reductions in carbon emissions, Constitution as it delivers that power climate chaos will become more fre- to this body, not to the President. MORNING BUSINESS quent, more deadly and more expen- Mr. TILLIS. Mr. President, I ask sive. My third concern goes to the conflict unanimous consent that the Senate re- What is FEMA’s response? Strategic of interest that he brought into consid- sume legislative session for a period of plans drawn up by FEMA during both eration for this position. Specifically, morning business, with Senators per- the Obama and George W. Bush admin- it is the conflict of interest that he mitted to speak therein for up to 10 istrations acknowledged climate carries into his career through his minutes each. change as a serious threat, right up very, very close association with the The PRESIDING OFFICER. Without there with terrorist attacks. Under Koch brothers. He has been given the objection, it is so ordered. this President, FEMA has dropped any nickname ‘‘the Congressman from f mention of climate change from its Koch.’’ The headquarters of Koch In- strategic plan. The reality we dare not dustries is located in his district. The EARTH DAY 2018 deny has become the crisis whose name Koch brothers gave him the money to Mr. DURBIN. Mr. President, last the Agency dare not utter. start his business. The Koch brothers Sunday, April 22, marked the 49th Last year and again this year, Presi- were the biggest donors to his cam- Earth Day. Given the Trump adminis- dent Trump has sent Congress budget paign. His entire career is carefully tration’s reckless assault on the envi- plans that would gut the Department intertwined with the Koch brothers ronment, it is frightening to think of Interior and the Environmental Pro- and advocating for whatever they where we might be on the 50th Earth tection Agency. Scott Pruitt, the President’s choice wanted him to advocate for. Day. President Trump hasn’t built that to run EPA, is an ethical nightmare, What we see is that the Koch broth- ‘‘big, beautiful’’ wall he promised. but he is a polluter’s dream. He has ers are advocating against our working More than a year into his term, he still vowed to withdraw the Clean Power with other nations to take on the chal- hasn’t filled dozens of critical posts, Plan, a plan to cut emissions from the lenge of climate chaos. Now, Mother from Cabinet Secretaries to ambas- U.S. power sector by 32 percent from Nature sent us a big, rude awakening sadors. 2005 by 2030. Administrator Pruitt has this last year with three powerful hur- Looking at what hasn’t been done, a signaled that he wants to roll back ricanes tearing apart parts of our coun- reasonable person might assume that modest new fuel efficiency standards try and with forest fires stretching this President still hasn’t learned how for cars and light-duty trucks—stand- from Montana across to the Pacific to make government work. That might ards that would reduce U.S. greenhouse Ocean and down the Pacific coast, deep be true in many areas, but when it gas emissions significantly. The EPA into California, because of the carbon comes to the environment, it is dead under Donald Trump and Scott Pruitt pollution that is warming the seas and wrong. has suspended the ‘‘waters of the changing the weather patterns and dry- From day one of his administration, United States’’ rule, designed to reduce ing out our forests. President Trump has used budget cuts, pollution in 60 percent of the Nation’s executive orders, and other administra- lakes, rivers, and streams. We suffer that, but we see so much EPA is not the only member of the more. We see the moose dying. We see tive and regulatory tools to push a concerted rollback of environmental pro- Trump Environmental Wrecking Crew. the lobsters migrating. We see the oys- Today, 94 percent of the outer conti- tections. President Trump has repealed ters unable to have babies. A billion of nental shelf in the Pacific, Atlantic, or frozen some 850 rules and regula- them died back about the time I took and Arctic Oceans is off limits from oil tions, many of which have a direct im- office here in the Senate because of the and gas exploration. The Department pact on the environment. of the Interior is proposing to open 90 acidification of the ocean, coming from He has signaled his intention to with- percent of the outer continental shelf carbon pollution. draw the U.S. from the Paris climate for future oil and gas drilling. On top of The whole world is coming together accord. America is the largest emitter this, this administration has weakened to try to take on this problem, but Mr. of carbon gases, and we are the only safety requirements that prevent oil Pompeo is uninterested in this major nation on Earth that is not part of the spills. threat facing humanity. He supports global effort to save the planet from Interior’s Bureau of Land Manage- our disengaging from the international climate chaos and catastrophe. ment is also selling off thousands of community and taking this on. He is Under this President, we have ceded federally owned parcels of land for oil fine letting China take the lead and global leadership on the climate to and gas development. Among the na- producing the economic results of tak- other nations, especially to China. Not tional treasures up for sale are two na- ing the lead instead of the United only is that shameful, it is bad busi- tional monuments in Utah: the Grand States taking the lead and being en- ness. Some of the best-paying jobs of Staircase-Escalante and Bears Ears, gaged in these partnerships. So, col- the 21st century will be in renewable home to some of the richest and most leagues, those are my concerns. energy industries. How are we going to important archeological finds in our create those jobs and industries in Nation. We need an individual dedicated to America with a President and adminis- the power of diplomacy, not someone Interior Secretary Zinke had a spe- tration that refuse to admit even the cial flag designed for himself and or- who reaches first for the sword. We existence of climate change? dered that it be flown whenever he was need an individual who respects dif- Since Earth Day last year, the U.S. in the Department headquarters. It ferent religions and respects the oppor- has suffered some of the deadliest and would be more fitting if he flew the tunity in the United States that we costliest disasters in our history. Last white flag of surrender because that is carry to the world as a beacon of free- August, Hurricane Irma battered the what this administration is doing. dom, not one who disrespects it. Third, southern U.S., especially south Flor- They are surrendering America’s we need an individual whose career is ida. It was followed quickly by Hurri- global leadership in the efforts to save not tied to a single industry and whose cane Harvey, which caused an esti- this planet from climate catastrophe, outlook is to continue to protect that mated $200 billion in damage and pum- and they are surrendering decades of industry, even in taking this job. meled Houston. In September, Hurri- important and lifesaving progress we So for those reasons, this nomination cane Maria caused the worst natural have made since the first Earth Day in should be turned down. disaster on record in Puerto Rico. safeguarding our environment, pre- Nearly 8 months later, most of the is- serving our natural treasures, and pro- Thank you, Mr. President. land is still without electricity. After tecting the health and safety of the The PRESIDING OFFICER (Mr. the hurricanes came the wildfires, in- American people. PERDUE). The Senator from North cluding some of the worst wildfires in They are undoing decades of bipar- Carolina. California’s history. tisan agreements that balanced science

VerDate Sep 11 2014 04:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.054 S25APPT1 S2430 CONGRESSIONAL RECORD — SENATE April 25, 2018 and the public good with the interests Protection Agency was created and key leg- THE LOVE CANAL DISASTER of States, localities, landowners, busi- islation—the Clean Air Act, the Clean Water In the late 1970s, residents of Love Canal in ness, and conservationists. Act and the Endangered Species Act—came Niagara Falls, N.Y., began complaining of This past weekend, on the eve of into force. odd smells, rashes and liquid leaching into Now, the Trump administration has made the basements of their homes. Decades ear- Earth Day, the New York Times pub- eliminating federal regulations a priority, lished an oped entitled, ‘‘America Be- lier, the Hooker Chemical Company had and an increasing number of environmental dumped toxic waste in the canal and buried fore Earth Day: Smog and Disasters rules are under threat. it. Outraged, the residents of Love Canal or- Here’s a look at five environmental disas- Spurred the Laws Trump Wants to ganized and were eventually relocated from ters that shifted the public conversation and Undo.’’ The article recounts five dev- their town. prompted, directly or indirectly, lawmakers astating ecological disasters that While the residents of Love Canal were not to act. shook Americans deeply in late 1960s the first or only community to confront the THE SANTA BARBARA OIL SPILL and the 1970s and led to the creation of toxic legacy of industry, their plight caught major environmental laws that have On January 28, 1969, an oil rig exploded off the attention of national media, and ulti- the coast of Santa Barbara, Calif., spewing saved millions of lives and reversed mately, helped prompt the creation of the three million gallons of crude oil into the Comprehensive Environmental Response, horrendous environmental damage. ocean in one of the worst environmental dis- Compensation, and Liability Act, commonly The accidents include the Cuyahoga asters in the history of the United States. known as the Superfund. River burning in 1969, which helped At the time, there were no federal meas- Passed by Congress in 1980, the law meant spur passage of the Clean Air Act, and ures in place to regulate offshore drilling. that chemical and petroleum companies the toxic poisoning of Love Canal in After the spill local officials pleaded with would be taxed to create a cleanup trust the federal government to end oil explo- Niagara Falls, NY—a catalyst for the fund. ration off the California coast. But it was Over time, however, the trust fund has creation in 1980 of a superfund that not until 1978 that the first federal regula- would make oil and chemical compa- dwindled, with taxpayers increasingly foot- tions were passed. ing cleanup bills. In the E.P.A.’s 2019 budget, Just over 40 years after the Santa Barbara nies pay for the pollution they cause staff cuts have been made, while some people rig blowout, on April 20, 2010, an even worse and not walk away from the devasta- nominated for key positions have direct spill, known as the Deepwater Horizon dis- tion and stick taxpayers with the tab. links to polluting industries. In December, aster, resulted in the tightening of federal The Trump administration is work- the administration also rejected a proposed rules. ing to dismantle not just to these But this past January, the Trump adminis- rule that mining companies prove they have major environmental laws and abdicate tration said it would reopen vast areas of the money to clean up pollution left behind America’s role as a global leader on en- United States coastal waters to new offshore at their sites. vironmental protection, it is reneging oil and gas drilling projects. Shortly there- THE SMOG-FILLED SKIES on a bipartisan tradition on conserva- after, the administration began the process Pittsburghers used to say that if you wore tion and preservation of America’s pub- of rolling back safety regulations on existing a white shirt to work in the morning, that lic lands that goes back more than a rigs. the shirt would be as gray as the air by Ryan Zinke, the interior secretary, has lunchtime. In cities and towns throughout century, to a proud Republican Presi- also proposed revising a five-year plan for dent by the name of Teddy Roosevelt. the country, Americans didn’t just breathe offshore oil and gas leasing, which conserva- the air, they could all but touch it. In the I ask unanimous consent that that tionists say would harm marine life and nation’s National Parks, air pollution full New York Times op-ed be printed could also pose a danger to humans. clouded the views. in the RECORD at the conclusion of my THE CUYAHOGA RIVER FIRE This was the United States before the 1970s remarks. The Cuyahoga River in Cleveland in 1952. Clean Air Act. Fortunately, American businesses The river burned at least 13 times before the There was no single smog event that led to and scientists, State and local govern- 1969 fire that was covered by Time magazine. the act. In the years leading up to its pas- ments, and the American people them- On June 22, 1969, the Cuyahoga River near sage, though, ‘‘You had growing awareness in selves refuse to wave the white flag. Cleveland caught fire—both literally and in the scientific community about problems like smog,’’ said Eric Schaeffer, the execu- They refuse to sell America’s clean air the public imagination. A few months later the conflagration became a big story in Time tive director of the Environmental Integrity and clean water and the health of the magazine, which described the Cuyahoga as a Project. ‘‘You had the beginnings of an un- American people to the highest bidder. river that ‘‘oozes rather than flows.’’ derstanding that it was bigger than any They are working in boardrooms and The story prompted outrage throughout state agency could manage.’’ classrooms, in laboratories, in city the country, where many rivers, after dec- The act was an overhaul and extension of halls, State houses, and courthouses to ades of industrial pollution, were too dan- the 1963 Clean Air Act. It enabled the newly solve the urgent environmental chal- gerous for swimming, fishing or drinking. created E.P.A. to set standards related to six lenges of our time and preserve the bi- (The main photo in Time was actually of the key pollutants that were known to harm Cuyahoga when it caught fire 17 years ear- human health. partisan environmental progress we lier, in 1952. The river had burned at least 13 In recent months the Trump administra- have made. times.) tion has signaled its desire to undo some of The Trump administration needs to The fire, fueled by an oil slick on river’s parts of the act. Mr. Pruitt, the E.P.A. ad- listen and stop waving the white flag of surface, and resulting media coverage galva- ministrator, has said that Obama-era car surrender. Our world and the health of nized the outrage into broader public action. emissions standards designed to reduce our children and grandchildren is It culminated in the passage of the 1972 greenhouse gasses and other pollutants worth fighting for. Clean Water Act. That measure, like the linked to respiratory diseases and heart dis- Clean Air Act, was an extension of earlier ease are set ‘‘too high.’’ There being no objection, the mate- laws. But the piecemeal nature of the earlier THE NEAR-EXTINCTION OF THE GRAY WOLF rial was ordered to be printed in the rules had resulted in a lack of oversight and RECORD, as follows: regulatory control. The 1972 act coordinated In the early 1970s, the gray wolf was tee- [From The New York Times, April 21, 2018] the rules and gave regulatory authority to tering on the edge of extinction in the lower 48 states. Throughout the earlier part of the AMERICA BEFORE EARTH DAY: SMOG AND DIS- the nascent E.P.A. Since the law’s creation, waterways across century, the wolf was largely considered a ASTERS SPURRED THE LAWS TRUMP WANTS the United States are markedly cleaner, trophy and was hunted and skinned for its TO UNDO though half still fall short of national goals. fur to within an inch of the species’ life. (By Livia Albeck-Ripka and Kendra Pierre- Recent decisions, though, could lead to back- In its company were dozens of other spe- Louis) sliding. cies at risk of dying out, with few laws to A huge oil spill. A river catching fire. The E.P.A. has suspended the Obama-era protect them. Lakes so polluted they were too dangerous Waters of the United States rules, which In 1973, shortly after the first Earth Day, for fishing or swimming. Air so thick with sought to clarify which waterways are con- with the American public increasingly aware smog it was impossible to see the horizon. sidered part of the national water system. of the importance of biodiversity, the Endan- That was the environmental state of the Smaller bodies of water, like intermittent gered Species Act was signed into law by nation 50 years ago. But pollution and disas- streams and wetlands, have been in a legal President Richard M. Nixon. The act was de- ters prompted action. On April 22, 1970, mil- gray area since the 1972 act despite having signed to prohibit the killing or harassing of lions of people throughout the country dem- significant impact on water quality. protected species or damaging the habitats onstrated on the inaugural Earth Day, call- Scott Pruitt, the E.P.A. administrator, necessary for their survival. ing for air, water and land in the country to also removed Clean Water Act decision-mak- Shortly thereafter, the gray wolf was list- be cleaned up and protected. And that year, ing authority from regional offices, leaving ed as ‘‘endangered’’ under the act and— in a bipartisan effort, the Environmental him the sole arbiter. alongside the bald eagle, American alligator

VerDate Sep 11 2014 04:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.040 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2431 and dozens of other species—began to slowly after his official retirement, Doc con- Oh, yes, I’ll savor snapshots, recover in some areas. Scientists estimate tinued teaching creative writing to To be sure, that the act has directly prevented the ex- seniors and others. But what I’ll treasure most tinction of more than 200 species. Throughout the years, Doc has Are all the memories I made with you. The act has long been a point of contention stayed in touch with many of his stu- Doc’s right. I would like to tell him between industry and conservationists, and that what will be treasured most by has come under criticism from previous ad- dents. They will send him notes using ministrations. But under the Trump admin- words like icon, terrific, great, awe- those who know Doc, ‘‘Are all the istration, at least 63 separate legislative ef- some, amazing, special—to describe memories [we] made with you.’’ forts to weaken the act have been under- him as a teacher or writer, but mostly f taken since January 2017, according to the as a man. When hearing these com- Centre for Biological Diversity. pliments, he responds in his humble CENTRAL AFRICAN REPUBLIC Among them were the delisting of various simple way: ‘‘That’s always fun.’’ They species that conservationists argue are not Mr. MENENDEZ. Mr. President, I fully recovered, like grizzly bears in Yellow- just don’t make them like Doc Preston anymore. wish to call attention to what has been stone National Park. The attempts to water called the world’s most neglected hu- down the act are ‘‘among the worst’’ by any Doc and his wife, Regina, spent 44 administration, said Bruce Stein, the chief years, or as Doc put it, ‘‘over 16,000 manitarian crisis and call upon the ad- scientist of the National Wildlife Federation. days’’ together before Regina passed ministration to play an active leadership role in helping bring a sustainable f away in 2006, just 4 weeks following peace to the Central African Republic, TRIBUTE TO DWAIN ‘‘DOC’’ Doc’s retirement. In his beautiful poem titled, To Regina, he writes: CAR. Diplomatic attention, especially PRESTON from the United States, has waned over For over 16,000 days Mr. DURBIN. Mr. President, in honor You were part of me. the past 2 years. If we fail to commit of April being National Poetry Month, Now only memories are left diplomatic attention to CAR, we risk I want to take a few moments to recog- Of days that used to be. increasing threats to regional sta- nize an extraordinary teacher, poet, But Ah! What memories they are! bility, U.S. investments, and, most and Quincy, IL, legend, Dwain ‘‘Doc’’ The Buoy of my very life, tragically, the lives and livelihoods of Preston. Which would have been of little worth millions of Central Africans. In the winter of 1936, Doc was born on Had you not been my wife. CAR has long been beset by political a farm near Barry, IL. The son of a His words are haunting as he takes us and social upheaval. Since independ- World War II tank crewman and a on an emotional ride that both breaks ence in 1960, the country has endured tough as nails mother who grew up in the heart and allows us to celebrate coups, military mutinies, rebellions, Oklahoma surviving the Dust Bowl, the blessings that are memories. and incursions by the infamous Lord’s Doc attended four different one-room Doc Preston didn’t write to publish Resistance Army. The most recent schoolhouses, including Berrian Ele- or make money. He wrote because he civil war accelerated in 2013 after mentary School in Quincy. After grad- loved it and his audience, consisting rebels opposed to the government of uating from Liberty High School, he largely of his family, loved it. When Francois Bozize took over the capitol. enrolled at Western Illinois University. each of his four daughters were mar- Their campaign to seize the capitol and That was the decision that he said ried, Doc wrote them a sonnet. When the response by resulting self-defense ‘‘took me out of the cornfield.’’ each of his 11 grandchildren turned 13, militias were characterized by wide- Doc joined the Air Force, attending he wrote what could be called a ‘‘good- spread violence against civilians. Chinese language school, spending 6 bye to their youth’’ poem. When they France, the European Union, and the hours a day for 8 months, studying at were younger, Doc wrote each of them African Union all deployed troops to Yale University. To this day, much of a book. All told, Doc estimates he has prevent further bloodshed, and in 2014, his work in the Air Force remains clas- written about 150 books. On his 80th the U.N. deployed a peacekeeping mis- sified. After his service, Doc returned birthday, Doc’s children compiled and sion mandated to protect civilians and to Quincy and was introduced to Re- presented him with a book of his prevent further intercommunal fight- gina Higgins by a friend Jay Lenne at poem’s that he dedicated to Regina. ing. The State Department’s Atrocities Park Bowl, a bowling alley at the cor- Despite being a brilliant writer and Prevention Board identified CAR as a ner of 12th and Harrison. They fell in teacher, Doc’s proudest accomplish- country at risk, and the United States love, got married, and started their ment is his family. In an interview last took action accordingly, working on family. They had the first of four year, he said, ‘‘One of the things that is the ground to support interventions to daughters in 1963, the second in 1964, joyful about being a parent is watching prevent mass atrocities. the third in 1965, and lastly, the fourth, them grow up and succeed.’’ His chil- These vigorous diplomatic actions in—you guessed it—1966. dren certainly did. Two even went into ushered in a period of relative calm. In Doc followed in his uncle’s foot- the family business and became teach- the wake of Pope Benedict’s visit in steps—a teacher of 55 years—and ac- ers. Doc loved parenting, but he once 2015 and peaceful elections in 2015–2016, cepted a position at Quincy Junior said, ‘‘Grandparenting is better.’’ I the situation on the ground appeared High School after two of his former couldn’t agree more. to stabilize. President Faustin- teachers vouched for him. Six years When looking for heaven, many look Archange Touadera was elected in later, Doc used his G.I. bill to work to- toward the sky—not Doc Preston. Doc what was arguably the most competi- ward his doctorate at the University of and Regina, looked along the river tive contest of any leader in the cen- Illinois in Champaign. While working bluffs of the Mississippi River and built tral Africa region. Donors pledged $2.2 on his dissertation, he taught at West- heaven in Quincy, IL. Whether it was billion to support stabilization and ern Illinois University and officially with Doc’s wife, Regina, four daugh- postconflict reconstruction in late 2016. became ‘‘Doc’’ Preston. He then did the ters—Carolyn, Cheri, Debbie, Teresa— However, in 2017, security in the unexpected and tried his hand at sell- 11 grandchildren, or countless student, country began to precipitously decline. ing insurance, but Doc had teaching in his life, love, and poetry have touched Militia and criminal gangs in the north his blood and returned to the class- so many lives, including my own. and eastern parts of the country began room after just 1 year. For the next 26 I want to thank Doc Preston for his fighting each other in a quest for con- years, Doc Preston could be found in dedication to teaching and his gen- trol over territory and resources, the classroom, teaching writing, erosity to the wonderful people of threatening the fragile peace. Entire speech, and English at Quincy Notre Quincy. They call Quincy ‘‘Gem City.’’ villages have been destroyed, civilians Dame, where each of his daughters Well, there is no gem shining brighter targeted and killed. While the govern- would attend high school. He also su- than Dwain ‘‘Doc’’ Preston. ment and 13 armed groups signed a no- pervised the QND student council, Thank you, Doc, for sharing your gift tional peace deal in June 2017—the fifth teaching leadership skills and impor- with us all. disarmament agreement signed by tant life lessons that aren’t normally I would like to share the final lines of armed groups in 4 years—renewed found in high school textbooks. Even Doc’s poem, Southern Memories. fighting quickly followed.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.041 S25APPT1 S2432 CONGRESSIONAL RECORD — SENATE April 25, 2018 Some armed groups have targeted countries. Over 87,000 children are at sions in Washington and galvanize ac- United Nations peacekeepers, a poten- risk of acute malnutrition. Yet the tion in capitols of other countries. tial war crime under international law. U.N. has received only 5 percent of the Quickly filling vacancies is an easily On April 3, members of ‘‘anti-Balaka’’ $515.6 million it has requested for its accomplished task that would have a militias attacked a United Nations 2018 humanitarian response plan. The significant impact; formulate an up- Multidimensional Integrated Stabiliza- World Food Program was forced to cut dated strategy for CAR. Fully staffed tion Mission in the Central African Re- rations in half for the most vulnerable or not, given the situation on the public, MINUSCA, base, killing 1 families nearly a year ago, due to lack ground, the administration must act. peacekeeper and injuring 11 others. On of funding. Earlier this year, U.N. As- Three years ago, the Obama adminis- April 8, MINUSCA troops came under sistant Secretary-General for Humani- tration put forward such a strategy in fire as they were conducting a joint op- tarian Affairs and Deputy Emergency response to legislation. This adminis- eration with CAR state security forces Relief Coordinator Ursula Mueller stat- tration should follow up and respond to aimed at disarming and detaining the ed unequivocally: ‘‘If we do not receive changing conditions on the ground by leaders of what they referred to as funding, people will die.’’ putting in place a multiyear, com- criminal groups in Bangui’s last re- Second, lack of stability in CAR has prehensive strategy to support greater maining Muslim enclave, the PK5 implications for broader regional insta- peace and stability in CAR as a founda- neighborhood. Two days later, armed bility. CAR is located in a volatile and tion for future development and pros- groups levied a sustained attack impoverished region with a long his- perity. Such a plan should include hu- against a MINUSCA base in downtown tory of development, governance, and manitarian and development goals in Bangui, resulting in the death of one human rights problems. Violence in addition to plans for diplomatic ac- peacekeeper. CAR only adds to the enormous human tions and engagement; work with other The resurgence of militia violence suffering in neighboring countries such donors and the United Nations to has made CAR one of the most dan- as Democratic Republic of Congo and incentivize greater progress on disar- gerous countries in the world for hu- South Sudan. Other countries bor- mament, demobilization and reintegra- manitarian workers, leading aid agen- dering CAR continue to struggle tion, and security sector reform. The cies to reconsider their operations against the Boko Haram insurgency. 2015 ‘‘Bangui Forum’’ called for all there. Six aid workers were killed in We know that instability throughout combatants to give up their weapons February this year alone, and attacks the world can directly impact U.S. in- prior to national elections in 2016. This and threats continue. In November terests. It is in our interests to pro- process was never undertaken. A re- 2017, Doctors Without Borders shut mote stability and peace throughout newed effort a year ago has yet to yield down a major operation after a string the region. significant results. We must continue of attacks and threats. Third, the U.S. has invested $1 billion support for rule of law and account- Some may ask why the United States in CAR in the past 2 years; promoting ability. Financial and diplomatic sup- should care about what happens in a lasting stability and governance is the port for CAR’s nascent special criminal small landlocked country in Africa surest way for our investments to yield court is also critical to fulfilling this with a population of just under 5 mil- positive results. Our Permanent Rep- process. lion. I give you three reasons. resentative to the U.N., Ambassador Finally, we must signal our intention First, as members of the community Nikki Haley, has spent considerable to follow through with commitments of nations, we have a moral obligation time focusing on cutting peacekeeping to the people of CAR and to our inter- to take action when we see mass vio- costs, and the administration has sig- national partners by sending a high- lence and human suffering. United Na- naled its desire to limit funding for level delegation from Washington to tions Under-Secretary-General for Hu- U.N. peacekeeping missions. However, CAR and inviting President Touadera manitarian Affairs Stephen O’Brien it has spent precious little time invest- to the United States for an official warned in August 2017 that the renewed ing in diplomatic strategies and initia- visit. clashes were early warning signs of a tives to end the conflicts that have ne- None of the policy recommendations possible move towards genocide. While cessitated these missions and would I am suggesting are particularly dif- thankfully that scenario has not un- support their success. Doing so would ficult. All it takes is time, attention, folded, violence continues to play out be more cost effective, as well as hav- and, to be frank, an interest in being along ethnic and sectarian lines, causing a positive impact on those im- involved to devise a strategy and deter- ing social profound cleavages. Armed pacted by conflict. mine how to adequately fund it. I urge groups of various stripes carry out The situation is dire. In the absence the administration not to let a tragedy atrocities, including widespread sexual of action by the administration, along occur due to indifference. with our partners in the international violence, against innocent civilians. In f 2014, largely Christian anti-Balaka mi- community, the risk of the CAR fully litia groups, waged a systematic cam- collapsing is high, but while it might RECOGNIZING CLEAR SPRINGS paign in 2014 forcing most of CAR’s be difficult to turn back the increasing FOODS, INC. Muslim citizens to flee their homes. tide of violence facing the country, it Mr. RISCH. Mr. President, today, Many of those Muslim communities re- is not impossible. I urge the adminis- along with my colleague Senator MIKE main largely confined to the rebel tration to take the following steps: CRAPO, I wish to recognize fellow Ida- stronghold of the northeast and small fully staff senior leadership positions hoan Larry Cope who retired from enclaves in the capitol and other popu- at the Department of State and Clear Springs Foods, Inc., in Buhl, ID, lation centers. We must do our part to USAID. It is well past time for this ad- in March of this year. Larry, who is bring this kind of horrific violence to ministration to put our foreign policy president and CEO of the company, has an end. History offers brutal reminders house in order to best advance Amer- had an exemplary career as a visionary of what happens when the inter- ican interests. The administration has and selfless leader at Clear Springs for national community fails to intervene not nominated an ambassador to CAR, the past 45 years. He deserves to retire. on behalf of persecuted minorities. leaving the post vacant for over 6 Idaho is very proud to be home to the We must continue to help those in months. It also has not nominated an headquarters of Clear Springs Foods, need. The number of internally dis- Assistant Secretary of State for Africa the world’s largest producer of placed persons in CAR has increased by to coordinate policy and engage with aquacultured rainbow trout, supplying more than 70 percent over the past counterparts in the region and among restaurants and major supermarkets year. Of an estimated total population our partners in Europe and elsewhere. throughout the United States and proof 4 million, approximately 681,000 Cen- There is no Assistant Administrator pelling fish farming well beyond our tral Africans are internally displaced— for Africa at USAID at a time of un- borders. Larry would tell us it has the highest number reported since the precedented humanitarian needs on the taken a great team to lead this origi- height of the conflict in early 2014— continent. We need high-ranking dip- nally privately owned small business while an estimated 568,000 more are lomats and aid officials to bring fresh into the immensely successful 100-per- sheltering as refugees in neighboring ideas and energy into policy discus- cent employee-owned operation it is

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.043 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2433 today, but we know it was with Larry’s foundations issue in northeastern Con- Education, a testament to Mr. Haver’s cutting-edge leadership and distin- necticut. Her work, ‘‘Crumbling Foun- leadership. guished commitment to the business dations,’’ gave a thorough look at this In 2013, Mr. Haver was named Admin- that it has grown into such a global in- tragic situation where hundreds, poten- istrator of the Year by the National dustry. tially tens of thousands, of homes have Association of Education Office Profes- In 1973, with just $10,000—money crit- foundations that need to be replaced sionals. At the time, he was only the ical to the company at the time—and a because the concrete contains an iron second Arkansas educator to have re- true spirit of recognizing the value of sulfide that ultimately weakens the ceived the award. good workers, Larry created an em- structure. Through her months of re- Upon his retirement, Principal Haver ployee retirement plan and stayed search, Ms. Lumsden spoke with home- will be leaving an incredible legacy of committed to the plan. Today the re- owners, engineers, geologists, data ana- education and service to his commu- tirement fund is more than $60 million. lysts, bankers, and lawyers to under- nity. He is only the second principal Larry believes in taking care of his stand the complete scope of this prob- Southside High School has ever had in workers, many of whom go in every lem. its 55-year history. He has spent his ca- day to do difficult, routine work. Larry ‘‘Crumbling Foundations’’ initiated reer devoted to education, seldom exhibits the type of leader every indus- much-needed, positive progress for the missing a day of work. He is admired try needs: focused while looking ahead, people of Connecticut, thanks in part by his staff, who say he is an incredible kind, fair, and employee friendly. No to the data and personal testimonies man to work for and will be greatly one has to tell him to serve in this Ms. Lumsden gathered. In the months missed. manner; it is who he is, and he does it following the series’ publishing, the In- His musical ability has been cher- with a spring in his step. ternal Revenue Service approved tax ished by students and faculty alike and MIKE and I have known Larry since breaks for homeowners, and the State will be remembered fondly after he re- the days Clear Springs had an annual of Connecticut approved $100 million in tires. He learned to play the school’s production of 450,000 pounds of trout. bonding over 5 years to help the home- fight song on his harmonica, and his Now, the company produces 24 million owners suffering from crumbling foun- performances became a fixture at pep pounds every year, making it an exem- dations. I am working, along with my rallies and other school events. plary industry leader. congressional delegation colleagues, on I congratulate Wayne Haver on a re- Larry has been immensely valuable additional Federal relief to home- markable career and admire his dedica- to the aquaculture industry worldwide. owners and funding for research into tion to the students and families of He has been in many leadership roles in pyrrhotite. Fort Smith and Southside High School. business associations and boards, and Ms. Lumsden’s dedication to using As a native of Fort Smith, I am incred- he has won many awards. To name a her position as a journalist to assist ibly proud of everything he has accom- few of his roles in the food industry the people of Connecticut is deeply ad- plished. His dedication and profes- and beyond, Larry has served as a mirable. For over 200 years, the Amer- sionalism have certainly helped to board member and chairman of the Na- ican press has uncovered and reported make the community a better place to tional Fisheries Institute, the Amer- vital information to the public about live. I wish him all the best in retire- ican Frozen Food Institute, the Idaho our communities. Thanks to ‘‘Crum- ment and thank him for his countless Association of Commerce & Industry, bling Foundations,’’ our State is now contributions to Southside High as well as St. Luke’s Health System. In acutely aware of this significant trag- School.∑ addition, he has served as a trustee at edy and is working actively to find a f solution. the College of Idaho, his alma mater. RECOGNIZING ANFINSON FARM I applaud her tireless efforts to un- Another important character quality STORE Larry exhibits is believing in serving cover the truth of this problem and his community. He is a pillar of sup- hope my colleagues will join me in con- ∑ Mrs. ERNST. Mr. President, I wish to port and encouragement to the region, gratulating Ms. Lumsden on her well- recognize Anfinson Farm Store, a having helped bring St. Luke’s Hos- earned honor.∑ small business in Cushing, IA, that has pital into the Magic Valley, as well as f been a staple of the community for 100 supporting the growth of the region’s years. TRIBUTE TO WAYNE HAVER food production industry. As food pro- Like many businesses, Anfinson duction grows, so does the number of ∑ Mr. BOOZMAN. Mr. President, today Farm Store will be receiving signifi- jobs and residual businesses. This is I wish to recognize and congratulate cant tax relief from the Tax Cuts and good growth for Idaho. Mr. Wayne Haver, principal of South- Jobs Act, and they are using this as an MIKE and I are proud to recognize side High School in Fort Smith, AR. opportunity to invest in their most im- Larry Cope, our good friend and a Mr. Haver will retire at the end of this portant resource: their employees. strong, courageous, and dedicated lead- school year after 48 years of service to After the legislation was signed into er in Idaho. As I said a minute ago, Fort Smith Public Schools. law, owner John Anfinson, who has Larry has done so much in business and Having started as a teacher at South- owned the business for 46 years, an- community service for more than 45 side in 1970, Mr. Haver has had a long, nounced that all seven of their full- years that he has earned his retire- distinguished career as an educator and time employees would receive $1,000 bo- ment. administrator. He became an assistant nuses and 5-percent pay increases. He Larry, kick up your feet and go fish- principal at the school in 1974 and, in was also able to purchase nearly ing. 1982 was named principal and has $400,000 in new equipment with 1-year Thank you. served in that role ever since. expensing. Enrollment at Southside now stands Small businesses make up 97 percent f at over 1,500 students, and the commu- of employers in Iowa, and prior to the ADDITIONAL STATEMENTS nity has witnessed how much the passage of tax reform, they were taxed school has changed and grown under at marginal rates that often reached as Mr. Haver’s guidance. Thousands of high as 45 percent. The Tax Cuts and TRIBUTE TO CAROLYN LUMSDEN students have graduated from the Jobs Act is a monumental achievement ∑ Mr. BLUMENTHAL. Mr. President, school during his tenure. for small businesses, reducing their tax today I wish to recognize Carolyn As principal for more than 35 years, burden so that they can grow and in- Lumsden, who received the Sigma some of those graduates have returned vest in their employees. Delta Chi Award from the Society of as teachers and now work alongside an As we celebrate National Small Busi- Professional Journalists. educator who served as a mentor both ness Week, I would like to recognize Ms. Lumsden, an opinion editor for while they were students and now as Anfinson Farm Store and all of Iowa’s the Hartford Courant, wrote an edi- instructors. Southside has also been small businesses, who are the backbone torial series last year which revealed recognized three times as a School of of our economy. I would also like to ex- the breadth of the crumbling concrete Excellence by the U.S. Department of press my gratitude to the President

VerDate Sep 11 2014 04:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.038 S25APPT1 S2434 CONGRESSIONAL RECORD — SENATE April 25, 2018 and my colleagues in Congress for help- also commended for giving back to the However, in 1971, Leo and Cleo Werner ing to reduce the tax burden on our local community. As a part of their left their jobs to buy the franchise li- small businesses.∑ Community Strong campaign, Canal cense, thus changing the structure of f Coffee donates a portion of their high the restaurant. Right away, the Wer- school football game concession sales ners knew that, in order to build a suc- RECOGNIZING WEBCO INDUSTRIES to schools in Allen Parish. They also cessful restaurant and leave a positive ∑ Mr. INHOFE. Mr. President, small extend the shop’s closing time to mid- legacy, they would need to build cus- businesses play an integral role in night so that the kids have a safe place tomer loyalty by emphasizing cus- Oklahoma’s economy. They consist of to socialize after games. tomer service and creating an environ- over 52 percent of all employees in I would like to extend my sincerest ment that makes their customers feel Oklahoma. Additionally, within Okla- congratulations to Canal Coffee on at home. When the Smitty’s chain re- homa, over 84 percent of all exports being recognized during the 2018 Na- branded, Mr. and Mrs. Werner decided come from small businesses. Today I tional Small Business Week. You make to strike out on their own as inde- have the distinct honor of recognizing Louisiana proud, and I look forward to pendent owners. The Werners decided one of the many successful small busi- watching your continued growth and that they should continue focusing on nesses in my home State of Oklahoma success.∑ the values at the center of their busi- for National Small Business Week. f ness, rather than sacrifice their res- While there are many businesses wor- taurant’s charm for the relative sta- thy of recognition, I am particularly RECOGNIZING AMERICA’S FINEST bility of being part of a chain. These proud of Webco Industries. FILTERS values live on in the restaurant today, Webco Industries, based in Sand ∑ Mr. PAUL. Mr. President, I first vis- as the business is led by Mr. and Mrs. Springs, OK, has proven themselves as ited America’s Finest Filters in 2015, Werner’s granddaughters, Katrina Lott a leader in the metal tubing industry. after hearing about the incredible work and Amanda Rosenberg. They have Their philosophy of ‘‘continuously this small business was doing in serv- kept the restaurant in the family, tak- building’’ is a testament to how they ing the members of Louisville’s coming over when their mother, the Wer- have grown since 1969 into the 1,000-em- munity. Founded by Michael White and ner’s daughter Darlene, retired. ployee company they are today. With now run by his daughter TaHondra The Werners were eager to lead their seven manufacturing plants and two Johnson, America’s Finest Filters be- team of employees by example, taking distribution facilities, they provide the lieves in the power of second chances up any task that needed to get done widest variety of tubing in North and makes a conscious effort to employ around the restaurant, no matter how America. With engineering, metallur- ex-offenders, who currently make up big or small. Their attention to cus- gical, production, and QA staff aver- over half of their employees. tomer service created strong loyalty aging 20 years of experience, Webco de- What America’s Finest Filters under- among their customers, which is one of livers exceptional tubing products and stands is that breaking the cycle of the many reasons people return. The service to their customers. poverty, incarceration, and addiction Werners know that their customers are I want to congratulate and thank can be done through providing opportu- Webco founder, Bill Weber, and CEO coming back in part for the family at- nities for meaningful work and taking Dana Weber of Webco for their out- mosphere cultivated by their friendly responsibility. When I visited with standing and devoted work in creating staff. Smitty’s is known for serving a their employees, I listened to many a shining business model. The Weber’s high volume of people at all times of stories of those who turned their lives dedication to making these products in the day, with some people lining up be- America should not only make Oklaho- around because America’s Finest Fil- fore 6 in the morning in order to get a mans proud, but all Americans. ters gave them the tools to succeed. taste of their hand-cut steaks and but- April is also Second Chance Month, Webco’s success should be an example termilk pancakes. They have truly for all businesses, and I am proud to which is why I am proud to recognize lived up to their motto of ‘‘everybody’s recognize their hard work and dedica- this business for giving second chances favorite.’’ tion.∑ to those who so truly deserve them. I The restaurant enjoys strong cus- am also recognizing this business in tomer loyalty not only because of the f honor of late founder Michael White, superb service, but also because of the RECOGNIZING CANAL COFFEE who sadly lost his battle with cancer in tasty breakfast and dinner offerings, ∑ Mr. KENNEDY. Mr. President, it is 2016. He set a true example of what it which remain largely unchanged from my honor to recognize Canal Coffee means to be a role model and leader, when Leo and Cleo Werner took control from Kinder, LA, as the Small Business and his philanthropic achievements of the restaurant over 46 years ago. of the Day for the 2018 National Small and impact on the community will Whether you are looking for a tradi- Business Week. Small businesses like never be forgotten.∑ tional American breakfast or a minority and veteran-owned Canal Cof- f homestyle steak-and-potatoes dinner, visitors and native Idahoans alike fee exemplify the pursuit of the Amer- RECOGNIZING SMITTY’S PANCAKE know they can find it at Smitty’s. ican dream. AND STEAK HOUSE Canal Coffee is owned and operated Smitty’s Pancake and Steak House by Priscilla Mayfield and Rodrick ∑ Mr. RISCH. Mr. President, as you has become a landmark in the Idaho James. James, affectionately known may know, small businesses make up a Falls community by having the friend- back home as Coffee Man, was born in significant portion of the retail and liest service in town and maintaining a Bossier City, LA. After serving in the food services economy, both in my menu of favorite items that keep cus- U.S. Army for 8 years, James attended home State of Idaho and around the tomers coming back for more. Mr. and the Culinary School of America and country. In Idaho, small businesses em- Mrs. Werner knew what it would take worked as the executive chef at ploy 67 percent of workers in the food to build a small business in the food Coushatta Casino Resort. In the fall of services sector. As chairman of the service industry and ensured that their 2016, the duo opened the original Canal Committee on Small Business and En- values have been passed down to their Coffee on the corner of 4th Avenue and trepreneurship, I am proud to recognize children and grandchildren, who main- 9th Street in Kinder, LA. Since then, Smitty’s Pancake and Steak House as tain these values today. Smitty’s em- they have opened two more locations the Small Business of the Month for braces the values of loyalty, service, in Oberlin and Shreveport, with a third April 2018. Located in Idaho Falls, and hard work and serves as an exam- location coming soon. The goal is to Smitty’s Pancake and Steak House has ple for all entrepreneurs. open a total of 25 Canal Coffee shops in provided exceptional service and qual- With great pleasure, I extend my con- the next 5 years. James says his recipe ity food in a welcoming environment gratulations to the Werner family and for success is to ‘‘stay in front of God for decades. all of the employees of Smitty’s Pan- and work hard.’’ Like many small restaurants, cake and Steak House. I wish you well Canal Coffee should not only be ad- Smitty’s began as just one location as you continue serving the people of mired for their business success, but within a larger franchise network. Idaho Falls, and I look forward to

VerDate Sep 11 2014 04:51 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.042 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2435 watching your continued growth and MESSAGE FROM THE HOUSE PETITIONS AND MEMORIALS ∑ success. At 12:44 p.m., a message from the The following petitions and memo- f House of Representatives, delivered by rials were laid before the Senate and RECOGNIZING DAIRY QUEEN OF Mrs. Cole, one of its reading clerks, an- were referred or ordered to lie on the MADISON, SOUTH DAKOTA nounced that the House has passed the table as indicated: following bill, without amendment: POM–205. A concurrent memorial adopted ∑ Mr. ROUNDS. Mr. President, each S. 447. An act to require reporting on acts by the Legislature of the State of Arizona year, a proclamation is issued desig- of certain foreign countries on Holocaust era petitioning the United States Congress to nating National Small Business Week, assets and related issues. award a Congressional Gold Medal to the a time to recognize the important con- members of the 23rd Headquarters Special The message further announced that tributions America’s small business Troops and the 3133rd Signal Service Com- the House has passed the following owners make to our economy and our pany to honor their unique and distinguished bills, in which it requests the concur- local communities. South Dakota is service with the Ghost Army during World rence of the Senate: War II; to the Committee on Banking, Hous- home to many small businesses with a ing, and Urban Affairs. strong commitment to producing qual- H.R. 2809. An act to amend title 51, United States Code, to provide for the authorization HOUSE CONCURRENT MEMORIAL 2008 ity products while serving their com- and supervision of nongovernmental space Whereas, during World War II in the Euro- munity. Today it is my honor to recog- activities, and for other purposes. pean Theater of Operations, the American nize the Dairy Queen of Madison, SD, H.R. 4681. An act to limit assistance for GIs of the 23rd Headquarters Special Troops which serves as a testament as to what areas of Syria controlled by the Government and the 3133rd Signal Service Company makes South Dakota’s small business of Syria or associated forces, and for other wielded creativity and illusion to fool the owners exemplary. purposes. German Army on the battlefield; and In 1964, the Mork family acquired the H.R. 5086. An act to require the Director of Whereas, using inflatable tanks and artil- lery, sound equipment and impersonation, franchise license for the Madison Dairy the National Science Foundation to develop an I-Corps course to support commercializa- Ghost Army soldiers contrived to confuse Queen and continues to operate it suc- tion-ready innovation companies, and for the enemy about where the real Allied fight- cessfully. Today DeLon Mork con- other purposes. ing units were located; and tinues his family’s business as the cur- Whereas, in so doing, these unsung heroes The message also announced that the rent owner of the restaurant. DeLon risked their own lives to draw fire away from House has agreed to the following con- and his family are passionate about American troops on the battlefields of Eu- current resolution, in which it requests providing excellent service to their rope; and the concurrence of the Senate: Whereas, these soldiers carried out more customers while giving back to the than 20 deception missions on or near the community that supports them. Each H. Con. Res. 111. Concurrent resolution recognizing and supporting the efforts of the front lines in France, Luxembourg, Belgium, year, many Dairy Queens participate in United Bid Committee to bring the 2026 Fed- Germany and Italy, which cost them dozens Miracle Treat Day, to raise money for eration Internationale de Football Associa- of casualties, including the loss of three the Children’s Miracle Network. For tion (FIFA) World Cup competition to Can- lives; and the past 11 years, DeLon and his team ada, Mexico, and the United States. Whereas, the men of these United States at the Madison Dairy Queen have Army units are credited with saving thou- ENROLLED BILL SIGNED sands of American GIs and helping win World worked to sell the most Blizzards of The President pro tempore (Mr. War II; and any Dairy Queen in North America on HATCH) announced that on today, April Whereas, their daring battlefield decep- Miracle Treat Day. Their hard work on 25, 2018, he had signed the following en- tions were kept secret for more than fifty behalf of the Children’s Miracle Net- rolled bill, which was previously signed years after the war, and, because of that se- work exemplifies the commitment to by the Speaker of the House: crecy, they never received public recognition for their valor; and community service shared by the Mork H.R. 4300. An act to authorize Pacific His- family and the entire team at the Whereas, the veterans of the 23rd Head- toric Parks to establish a commemorative quarters Special Troops and the 3133rd Sig- Madison Dairy Queen. I commend the display to honor members of the United nal Service Company made significant con- entire organization for their contribu- States Armed Forces who served in the Pa- tributions to our nation but never sought tions to this great cause. cific Theater of World War II, and for other praise or honors for themselves for their Small businesses like DeLon’s play purposes. wartime exploits; and an important role in South Dakota’s f Whereas, these men literally serve as an inspiration to the latest generation of sol- economy, and with this recognition, I MEASURES REFERRED hope to shine a light on his great work. diers serving in intelligence roles as the United States Army uses the story of the His dedication to producing a quality The following bills were read the first and the second times by unanimous Ghost Army in the Intelligence School at product and serving his community Fort Huachuca; and makes all of South Dakota proud. I consent, and referred as indicated: Whereas, several soldiers who called Ari- want to congratulate and thank DeLon H.R. 2809. An act to amend title 51, United zona home before or after the war served in and the entire Mork family for their States Code, to provide for the authorization these deception units, including Glenn Uhles, outstanding devotion to our commu- and supervision of nongovernmental space who is buried in the National Memorial Cen- activities, and for other purposes; to the nity. I send them best wishes as they ter of Arizona, and painter Hal Laynor; and Committee on Commerce, Science, and Whereas, this state is deeply grateful for continue to serve the community of Transportation. the extraordinary courage and remarkable Madison, SD.∑ H.R. 4681. An act to limit assistance for ingenuity of the Ghost Soldiers in facing the f areas of Syria controlled by the Government enemy, and the people of Arizona laud these of Syria or associated forces, and for other veterans for their proficient use of innova- MESSAGE FROM THE HOUSE purposes; to the Committee on Foreign Rela- tive tactics during World War II, which saved RECEIVED DURING ADJOURNMENT tions. lives and made significant contributions to H.R. 5086. An act to require the Director of ENROLLED BILL SIGNED the defeat of the Axis powers; and the National Science Foundation to develop Whereas, the extraordinary accomplish- Under the authority of the order of an I–Corps course to support commercializa- ments of the 23rd Headquarters Special the Senate of January 3, 2017, the Sec- tion-ready innovation companies, and for Troops and the 3133rd Signal Service Com- retary of the Senate, on April 25, 2018, other purposes; to the Committee on Health, pany deserve belated official recognition during the adjournment of the Senate, Education, Labor, and Pensions. now, while some of the soldiers are still liv- received a message from the House of The following concurrent resolution ing. Wherefore your memorialist, the House of Representatives of the State of Arizona, Representatives announcing that the was read, and referred as indicated: Speaker had signed the following en- the Senate concurring, prays: H. Con. Res. 111. Concurrent resolution rec- 1. That the United States Congress award a rolled bill: ognizing and supporting the efforts of the Congressional Gold Medal to the members of H.R. 4300. An act to authorize Pacific His- United Bid Committee to bring the 2026 Fed- the 23rd Headquarters Special Troops and toric Parks to establish a commemorative eration Internationale de Football Associa- the 3133rd Signal Service Company to honor display to honor members of the United tion (FIFA) World Cup competition to Can- their unique and distinguished service with States Armed Forces who served in the Pa- ada, Mexico, and the United States; to the the Ghost Army during World War II. cific Theater of World War II, and for other Committee on Commerce, Science, and 2. That the Members of the United States purposes. Transportation. Congress enact H.R. 2701 and S. 1256 to honor

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.048 S25APPT1 S2436 CONGRESSIONAL RECORD — SENATE April 25, 2018 the achievements of the Ghost Army in con- to allow second-in-command commercial air- relied on a share of receipts from timber har- ducting deception operations in Europe dur- line pilots the flexibility to serve EAS com- vests to support education services and ing World War II. munities. roads; and 3. That the Secretary of State of the State 2. That the Secretary of State of the State Whereas, in the 1980s, federal restrictions of Arizona transmit copies of this Memorial of Arizona transmit copies of this Memorial substantially diminished the revenue-gener- to the President of the United States Senate, to the President of the United States Senate, ating timber harvests permitted in these for- the Speaker of the United States House of the Speaker of the United States House of ests; and Representatives and each Member of Con- Representatives and each Member of Con- Whereas, the Secure Rural Schools and gress from the State of Arizona. gress from the State of Arizona. Community Self-Determination Act (SRS) was passed in 2000 to stabilize and transition POM–206. A concurrent memorial adopted POM–207. A joint memorial adopted by the payments to counties and schools away from by the Legislature of the State of Arizona Legislature of the State of Idaho urging the the declining and unreliable share of timber Secretary of Transportation to revise regula- urging the United States Congress to allow sales; and tions to provide that the weight of a trailer the Department of Transportation to provide Whereas, the failure of Congress to honor being pulled by a commercial motor vehicle additional Essential Air Service (EAS)-spe- the more than 100-year-old contract between may not be included in the trigger weight of cific waivers for the 1,500 flight-hour train- the federal government and heavily forested 26,001 pounds, requiring the truck’s operator communities by not reauthorizing SRS funding requirement to airlines to allow second- to have a commercial driver’s license; to the in-command commercial airline pilots the ing for fiscal years 2014 and 2015 and other Committee on Commerce, Science, and years created budgetary shortfalls for rural flexibility to serve EAS communities; to the Transportation. Committee on Commerce, Science, and counties and school districts. HOUSE JOINT MEMORIAL NO. 12 Transportation. Wherefore your memorialist, the Senate of Whereas, Congress has delegated authority the State of Arizona, the House of Rep- HOUSE CONCURRENT MEMORIAL 2005 to the United States Secretary of Transpor- resentatives concurring, prays: Whereas, the City of Prescott is an Essen- tation to prescribe regulations on minimum 1. That the United States Congress imme- tial Air Service (‘‘EAS’’) community; and standards for written and driving tests of an diately reauthorize SRS funding for fiscal Whereas, the United States Congress insti- individual operating a motor vehicle; and years 2019 and 2020 and work toward a long- tuted a requirement following the February Whereas, Congress granted authority to term solution. 2009 airline accident involving Colgan Air the United States Secretary of Transpor- 2. That the Secretary of State of the State Flight 3407; and tation to prescribe different minimum test- of Arizona transmit a copy of this Memorial Whereas, the National Transportation ing standards for different classes of com- to the President of the United States, the Safety Board concluded that the cause of the mercial motor vehicles; and President of the United States Senate, the crash was pilot error and inability to prop- Whereas, Congress provided by law in 49 Speaker of the United States House of Rep- erly handle the aircraft; and U.S.C. 31301 that one factor in establishing resentatives and each Member of Congress Whereas, following the crash, Congress im- whether a vehicle is a commercial motor ve- from the State of Arizona. plemented a requirement that all second-in- hicle is whether the vehicle has a gross vehi- command commercial pilots obtain roughly cle weight rating or gross vehicle weight of POM–209. A joint memorial adopted by the 1,500 hours of flight time; and no more than 26,001 pounds, but made no Legislature of the State of Idaho memori- Whereas, the first pilot in command of mention of combination vehicles pulling alizing its opposition to any new federal na- Colgan Air Flight 3407 had logged 3,379 total trailers; and tional monument designations or further hours of flight time and the second pilot in Whereas, the United States Secretary of designations of wilderness in the State of command had logged 2,244 hours of flight Transportation has prescribed regulations Idaho without the approval of the United time; and that apply the trigger weight to a combina- States Congress and the Idaho Legislature; Whereas, the pilots involved in the Flight tion of vehicles if a vehicle being towed ex- to the Committee on Energy and Natural Re- 3407 crash met all the requirements under ceeds 10,000 pounds. For example, the oper- sources. the new rule but were unfamiliar with the ator of a commercial truck weighing 15,500 pounds that tows a trailer weighing 11,000 HOUSE JOINT MEMORIAL NO. 14 aircraft that crashed; and pounds would be required to obtain a Class A Whereas, the Antiquities Act was passed Whereas, the current flight-hour require- commercial driver’s license; and by the United States Congress and signed ment is the same regardless of the aircraft in Whereas, many small businesses use trail- into law by President Theodore Roosevelt on use; and ers in their work, such as landscape work June 8, 1906. The law gives the President of Whereas, the current flight-hour require- and construction or repair work; and the United States the authority to, by presi- ment emphasizes quantity of flight hours Whereas, requiring small business owners dential proclamation, create national monu- over quality of flight hours; and to obtain commercial driver’s licenses in ments from federal lands to protect signifi- Whereas, EAS communities are often small order to pull trailers behind their trucks cant natural, cultural or scientific features. or rural in nature and rely on smaller re- poses an unnecessary obstacle to the ability The law has been used more than one hun- gional airlines using smaller aircraft, includ- of small business owners to earn their living. dred times since its passage; and ing smaller turboprop or jets, to support Now, therefore, be it Whereas, the Wilderness Act was passed in their communities; and Resolved, By the members of the Second 1964 and, since that time, the United States Whereas, without these smaller airlines Regular Session of the Sixty-fourth Idaho Congress has designated nearly 110 million and the pilots to fly the aircraft, rural com- Legislature, the House of Representatives acres of federal wildlands as official wilder- munities would lose their connectivity to and the Senate concurring therein, that the ness, which has the highest form of protec- the rest of the nation; and United States Secretary of Transportation is tion of any federal wildland; and Whereas, many pilots cannot justify the urged to revise regulations to provide that Whereas, almost sixty-two percent of land high cost of education with several years of the weight of a trailer being pulled by a com- in Idaho is federal land; and low salaries and unpredictable schedules to mercial motor vehicle may not be included Whereas, residents of the State of Idaho obtain the required 1,500 hours of flight time in the trigger weight of 26,001 pounds, requir- support multiple use of public land. Current before being able to advance to a regional or ing the truck’s operator to have a commer- multiple use and private land protection major airline; and cial driver’s license. Be it further policies governing the management of public Whereas, the 1,500 flight-hour rule Resolved, That the Chief Clerk of the House land in Idaho have generally served and sus- incentivizes many pilots, on achieving the of Representatives be, and she is hereby au- tained the interests of Idaho residents; and minimum requirement, to work for large thorized and directed to forward a copy of Whereas, ranching and agriculture play a commercial airlines in an effort to pay off this Memorial to the United States Sec- substantial role in the state’s heritage and their student loan expenses instead of re- retary of Transportation, the President of identity and should be preserved; and maining in EAS communities; and the Senate and the Speaker of the House of Whereas, ranching, agriculture, mining, Whereas, before the rule’s implementation, Representatives of Congress, and to the con- the forestry industry and recreation are pri- second-in-command commercial pilots need- gressional delegation representing the State mary economic drivers in the state, with ag- ed only approximately 250 hours of flight of Idaho in the Congress of the United ribusiness and recreation each contributing time; and States. an estimated $7.6 billion, the mining indus- Whereas, the current 1,500 flight-hour rule try contributing $1.3 billion and the forestry has reduced the number of pilots working in POM–208. A concurrent memorial adopted industry contributing $2 billion to the econ- EAS communities. by the Legislature of the State of Arizona omy annually in recent years, all of which Wherefore your memorialist, the House of urging the United States Congress to reau- would be substantially impacted by any land Representatives of the State of Arizona, the thorize Secure Rural Schools and Commu- management changes; and Senate concurring, prays: nity Self-Determination Act funding; to the Whereas, Idaho residents, families and visi- 1. That the United States Congress act ex- Committee on Energy and Natural Re- tors currently enjoy multiple use on federal peditiously to allow the United States De- sources. lands and have generations of family tradi- partment of Transportation to provide addi- SENATE CONCURRENT MEMORIAL 1007 tions. Changing federal land designations tional EAS-specific waivers for the 1,500 Whereas, rural communities and schools in would impact local wildlife management as flight-hour training requirement to airlines and around national forests have historically well as opportunities to hunt and fish; and

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.005 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2437 Whereas, changes in federal land designa- tigation into organ transplant and procure- the right to life and constitutes a serious tions or classifications would affect land use ment practices in the People’s Republic of threat to public health’’; and by imposing restrictions on development, re- China; to the Committee on Foreign Rela- Whereas, in May 2016, the Minnesota Legis- source extraction, recreation and land ex- tions. lature passed Resolution S.F. No. 2090, ‘‘exchanges that would result in diminished eco- HOUSE CONCURRENT MEMORIAL 2004 pressing concern over persistent and credible nomic opportunities and restrictions on ac- reports of systematic, state-sanctioned, Whereas, since July 1999, the People’s Re- cess and multiple use; and forced organ harvesting from nonconsenting public of China has persecuted practitioners Whereas, the people of the State of Idaho prisoners of conscience, primarily from of Falun Gong—a spiritual practice with key value abundant water resources and water Falun Gong practitioners imprisoned for values of truthfulness, compassion and for- rights and have concern that new national their spiritual beliefs, and members of other bearance for achieving physical and spiritual monument designations or further designa- religious and ethnic minority groups in the well-being through exercise and medita- tion of wilderness by Congress could affect People’s Republic of China’’; and tion—as documented by the United States those resources and rights; and Whereas, in June 2016, the United States Department of State, the United States Whereas, the Idaho Roadless Rule is Ida- House of Representatives passed House Reso- Commission on International Religious Free- ho’s 2006 plan that provides a framework for lution 343 expressing concern over China’s dom, Amnesty International, Human Rights use and protection of more than nine million organ procurement from nonconsenting pris- Watch, Freedom House and many other gov- acres of federal public backcountry. The rule oners of conscience, including ‘‘large num- ernmental and third-party organizations; is viewed as a nationwide model of collabora- bers of Falun Gong practitioners and mem- and tion among groups and individuals with di- bers of other religious and ethnic minority Whereas, the persecution of Falun Gong verse interests and concerns; and groups’’; and practitioners involves the widespread use of Whereas, the Roadless Rule specifically Whereas, in September 2016, the European torture, forced labor work, illegal detention prescribes protective management under the Parliament passed Written Declaration 0048, centers and prisons, and these illegally de- wildland recreation theme, and it is feared which states that ‘‘the international commu- tained prisoners of conscience experience that utilization of the Antiquities Act for nity has strongly condemned organ har- forced medical examinations, including new national monument designations or fur- vesting in China and actions should be taken blood and urine testing, x-rays, ultrasounds ther designation of wilderness by Congress to end it’’; and and CT scans; and would overturn the agreement reached in the Whereas, the charitable medical ethics ad- Whereas, the official reported transplant formulation of the Idaho Roadless Rule, with vocacy association Doctors Against Forced numbers in China increased threefold nation- no effort to reach consensus through coordi- Organ Harvesting, which has monitored and wide between 1999 and 2004, parallel to the nation as required by federal law; and objectively reported on the transplant situa- onset of the persecution of Falun Gong; and Whereas, several years ago, advisory votes tion in China for the last decade, was nomi- Whereas, the organ transplant system in relating to a suggested new national monu- nated for the 2016 Nobel Peace Prize; and China does not comply with the World ment designation and a wilderness designa- Whereas, the killing of prisoners, including Health Organization’s requirement for trans- tion in Idaho were held in a number of poten- religious or political prisoners, to sell their parent and traceable accessibility of organ tially affected counties in central and east- organs for transplant is an egregious and in- procurement practices, and the People’s Re- ern Idaho, both showing over ninety percent tolerable violation of the fundamental right public of China has prevented any inde- opposition to such designations. Now, there- to life. pendent or impartial inspection and fore, be it Wherefore your memorialist, the House of verification of its transplant system; and Resolved, By the members of the Second Representatives of the State of Arizona, the Whereas, the current chairman of China’s Regular Session of the Sixty-fourth Idaho Senate concurring, prays: Human Organ and Transplant Committee, Legislature, the House of Representatives 1. That the United States Congress imme- Dr. Huang Jiefu, claimed that China would and the Senate concurring therein, that we diately conduct a full and transparent inves- stop sourcing organs from executed prisoners oppose any new federal national monument tigation into organ transplant and procure- on January 1, 2015, yet no official agency of designations or further designations of wil- ment practices in the People’s Republic of the People’s Republic of China has made derness in the State of Idaho without the ap- China. such a declaration nor has this claim been proval of the United States Congress and the 2. That the United States Congress pro- verified by any independent researcher. In Idaho Legislature. Be it further hibit the entry into the United States of doc- May 2016, Dr. Jiefu announced via state-run Resolved, That the Idaho congressional del- tors involved in unethical organ procure- media that China would increase the number egation is urged to introduce and support ment or transplant surgery using organs har- of transplant centers from 169 to 300 over the legislation to oppose any new federal na- vested from prisoners in China. next five years; and tional monument designations or further 3. That the United States Congress enact Whereas, the People’s Republic of China designations of wilderness in the State of legislation to prohibit United States citizens has not officially repealed provisions imple- Idaho without the approval of the United from receiving organ transplants abroad if mented in 1984 that allow the harvesting of States Congress and the Idaho Legislature. the organ sourcing is neither transparent organs from executed prisoners, and the use Be it further nor traceable according to international eth- of organs from executed prisoners therefore Resolved, That any efforts to reach deci- ical guidelines. remains legal; and sions regarding lands and resources of the 4. That Arizona’s medical community cau- Whereas, large discrepancies exist between State of Idaho administered by federal agen- tion patients against traveling to China for the People’s Republic of China’s officially re- cies or their designees be made through the organs and strive to raise awareness among ported transplant numbers and those esti- lawful coordination process as required by health care providers, students, patients and mated by independent researchers; and the National Environmental Policy Act, the the public of the unethical organ transplant Whereas, updated evidence estimates that Federal Land Policy and Management Act, practices in the People’s Republic of China. between 30,000 and 100,000 transplants occur the National Forest Management Act, the 5. That the Secretary of State of the State annually in China without identified organ 2012 Forest Service Planning Rule and other of Arizona transmit copies of this Memorial sources; and federal acts requiring coordination, rather to the President of the United States Senate, Whereas, updated evidence suggests that a than by unilateral administrative processes the Speaker of the United States House of significant number of Falun Gong practi- that exclude the residents of the State of Representatives, the Executive Director of tioners may have been killed for their organs Idaho. Be it further the Arizona Medical Board and the Dean of since 1999; and Resolved, That, nothing in this Joint Me- the University of Arizona College of Medi- Whereas, recipients for these transplants morial is intended to conflict with the maxi- cine. mization of the collaborative process and the are Chinese citizens and individuals from abroad, including the United States; and Good Neighbor Authority, together with the POM–211. A joint memorial adopted by the Whereas, in 2015, the United States Com- tools available to address stakeholder inter- Legislature of the State of Idaho urging the mission on International Religious Free- ests in the management of federal lands. Be Department of State to support several posi- dom’s annual report again listed China as a it further tions in negotiations with Canada regarding Resolved, That the Chief Clerk of the House ‘‘country of particular concern’’ due to se- any modification or future implementation of Representatives be, and she is hereby au- vere human rights violations and illegal of the Columbia River Treaty; to the Com- thorized and directed to forward a copy of organ harvesting practices, stating that ‘‘im- mittee on Foreign Relations. this Memorial to the President of the Senate prisoned Falun Gong practitioners are par- and the Speaker of the House of Representa- ticularly targeted’’; and HOUSE JOINT MEMORIAL NO. 11 tives of Congress, and to the congressional Whereas, in 2015 and 2016, the Congres- Whereas, since it was implemented in 1964, delegation representing the State of Idaho in sional-Executive Commission on China con- the Columbia River Treaty has provided for the Congress of the United States. demned ongoing, unethical forced organ har- a coordinated management of the Columbia vesting practices in China; and River to reduce flooding impacts and in- POM–210. A concurrent memorial adopted Whereas, in March 2015, the Council of Eu- crease power generation throughout the Co- by the Legislature of the State of Arizona rope passed a Convention against Trafficking lumbia River Basin; and urging the United States Congress to imme- in Human Organs that stated ‘‘trafficking in Whereas, the treaty provides that either diately conduct a full and transparent inves- human organs violates human dignity and the United States or Canada may terminate

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.011 S25APPT1 S2438 CONGRESSIONAL RECORD — SENATE April 25, 2018 the treaty by providing written notice at other federal laws and refrain from advo- cally viable agricultural commodity that least 10 years in advance of termination; and cating for additional ecosystem contribu- can be used to make a wide variety of useful Whereas, the U.S. and Canadian entities tions from U.S. projects; products, including products for human con- previously reviewed the treaty and deter- (5) Recognize that ecosystem restoration, sumption; and mined that the treaty should be modified; as that term has been used by some pro- Whereas, removing hemp from the federal and ponents of modernization, is intentionally definition of marijuana would allow Ken- Whereas, on December 7, 2017, the U.S. vague and if incorporated into an inter- tucky’s community of hemp farmers and State Department issued a press release stat- national treaty could be used as a vehicle to processors to take full advantage of this ing that the United States and Canada will override and infringe upon existing federal promising agricultural crop; Now, Therefore, begin negotiations to modernize the treaty environmental laws and usurp state sov- Resolved by the House of Representatives of in early 2018; and ereignty over water and, therefore, require the General Assembly of the Commonwealth of Whereas, the U.S. Entity Regional Rec- any treaty modification to preserve federal Kentucky, the Senate concurring therein: ommendation of 2013 concluded that the pur- environmental protection laws and state Section 1. The General Assembly of the poses of a ‘‘modernized’’ treaty should be ex- water laws and reject any additional mitiga- Commonwealth of Kentucky urges the panded to include consideration of ‘‘eco- tion requirements; United States Congress to take action by en- system-based function’’ in addition to the (6) Require any treaty modification to rec- acting legislation that: original flood control and hydropower pur- ognize the primary authority and state sov- (1) Encourages large-scale commercial cul- poses of the treaty; and ereignty of Idaho and its sister states over tivation of hemp by removing it from the list Whereas, unless otherwise agreed to, the their respective water resources; of controlled substances under the federal treaty provides that, in 2024, flood control (7) Reject any attempts through the treaty Controlled Substances Act; operations will automatically shift from pro- modification process to incorporate the re- (2) Prevents the federal Drug Enforcement viding guaranteed flood control space in Ca- introduction of anadromous species above Administration (DEA) from sending DEA nadian reservoirs to ‘‘called upon’’ flood con- Hells Canyon or Dworshak, as such efforts agents onto farms and other sites where trol operations; and are outside the scope of the treaty purposes; hemp is being grown, stored, and processed; Whereas, the U.S. and Canadian entities and (3) Creates legal protections for depository have provided differing interpretations of (8) Protect navigation so that adverse institutions that provide financial services the ‘‘called upon’’ flood control provisions, flows do not impact the transportation chan- to legitimate hemp businesses; and with the U.S. Entity asserting that ‘‘called nel or block system operations; and be it fur- (4) Instructs the federal Food and Drug Ad- upon’’ operations apply only to dams in the ther ministration to accelerate clinical trials and Columbia River Basin specifically authorized Resolved that the Chief Clerk of the House other research on the health effects of for ‘‘system-wide flood control,’’ and the Ca- of Representatives be, and she is hereby au- cannabidiol (CBD) and other cannabinoids nadian Entity taking the position that all thorized and directed to forward a copy of found in hemp. U.S. storage projects in the Columbia River this Memorial to the President of the Senate Section 2. The Clerk of the House of Rep- Basin must be utilized for system-wide flood and the Speaker of the House of Representa- resentatives shall send a copy of this Resolu- control before Canadian reservoirs are called tives of Congress, and to the congressional tion and notification of its adoption to the upon to provide any flood control space; and delegation representing the State of Idaho in President and Vice President of the United Whereas, altered flood control operations the Congress of the United States, the U.S. States, the Speaker of the United States could have devastating impacts on reservoir Department of State, the Columbia River House of Representatives, the Minority storage and operation levels, irrigation, Treaty Negotiator, the U.S. Entity Coordi- Leader of the United States House of Rep- recreation, hydropower, local flood control nator, Bonneville Power Administration and resentatives, the Majority Leader of the and other authorized purposes in Idaho; and the U.S. Army Corps of Engineers. United States Senate, the Minority Leader Whereas, the Canadian Entitlement, of the United States Senate, and each mem- whereby the U.S. and Canadian entities POM–212. A concurrent resolution adopted ber of Kentucky’s delegation to the United share the increased power production created by General Assembly of the Commonwealth States Congress. by coordinated river operations, has proven of Kentucky urging the United States Con- to be imbalanced in favor of Canada; and gress to amend the federal Controlled Sub- POM–213. A joint resolution adopted by the Whereas, including ecosystem-based func- stances Act to remove hemp from the defini- Legislature of the State of Wyoming urging tion in a modernized treaty could have ad- tion of marijuana; to the Committee on the the United States Congress to enact legisla- verse impacts on existing beneficial uses of Judiciary. tion permitting western states to enter into the river and create greater uncertainty in a HOUSE CONCURRENT RESOLUTION NO. 35 a voluntary compact to establish a grad- river system that is already heavily regu- Whereas, for several years, hemp, a non- uated commercial driver licensing program lated; and narcotic low-concentration THC variety of that would allow commercial drivers be- Whereas, the Regional Recommendation the cannabis plant, has been listed along tween eighteen (18) and twenty-one (21) years fails to recognize the substantial investment with marijuana under the federal Controlled of age to operate a commercial motor vehi- in ecosystem-based function made by North- Substances Act; and cle in a consenting, contiguous states; to the west region hydropower producers and their Whereas, in 2014, Congress enacted a provi- Committee on the Judiciary. customers, including billions of dollars in- sion of law, now codified as 7 U.S.C. sec. 5940, ENROLLED JOINT RESOLUTION NO. 1 vested in fish passage and habitat efforts and authorizing state departments of agriculture the development and implementation of ro- and institutions of higher education to grow Whereas, federal law requires drivers to be bust environmental mitigation plans; and or cultivate industrial hemp in jurisdictions at least twenty-one (21) years of age to oper- Whereas, navigation should be protected, where it is allowed by state law for purposes ate a commercial motor vehicle between and adverse flows should not impact the of research conducted under an agricultural states; and transportation channel or lock system oper- pilot program or other agricultural or aca- Whereas, drivers who are between eighteen ations: Now, therefore, be it demic research; and (18) and twenty-one (21) years of age may op- Resolved by the members of the Second Whereas, since 2014, the Kentucky Depart- erate a commercial motor vehicle intrastate Regular Session of the Sixty-fourth Idaho ment of Agriculture has conducted a hemp within the states of Arizona, Colorado, Legislature, the House of Representatives research pilot program that is widely re- Idaho, Montana, Nebraska, Nevada, New and the Senate concurring therein, that we garded as a model for other states to emu- Mexico, North Dakota, Oregon, South Da- urge the U.S. Department of State to sup- late; and kota, Utah and Wyoming; and port the following positions in negotiations Whereas, Kentucky’s farmers planted 33 Whereas, the trucking industry delivers with Canada regarding any modification or acres of hemp in 2014, a total of 922 acres in goods across state lines and faces a severe future implementation of the Columbia 2015, some 2,300 acres in 2016, and 3,200 acres shortage of drivers because of increased ship- River Treaty: in 2017; and ping demand and a high number of retiring (1) Recognize and protect the authorized Whereas, from 2014 to 2017, the number of drivers; and purposes and water rights for storage farmers in Kentucky growing hemp in- Whereas, it is difficult to recruit drivers projects in Idaho, including irrigation, recre- creased from 20 to 204, with even more inter- who are twenty-one (21) years of age or older ation, hydropower and local flood control; est in hemp production anticipated in 2018; into the trucking industry because they have (2) Advocate that only storage projects and already entered another career path; and specifically authorized by Congress for sys- Whereas, from 2014 to 2017, the number of Whereas, the unemployment rate for per- tem-wide flood control may be required to hemp processors increased from nine to 49; sons between eighteen (18) and twenty-one provide such benefits under the treaty, with and (21) years of age is higher than that of other no increased flood control burden placed on Whereas, in 2017, the General Assembly age groups; and projects in Idaho; amended Kentucky’s Controlled Substances Whereas, the safety performance statistics (3) Recognize a need to review and rebal- Act to exclude many hemp materials and for noncommercial drivers who are between ance the Canadian Entitlement; products from the Commonwealth’s defini- eighteen (18) and twenty-one (21) years of age (4) Recognize the ecosystem benefits that tion of illegal marijuana; and do not necessarily reflect the safety perform- have already been provided by storage Whereas, processors in Kentucky and other ance of the same group who hold a commer- projects in the United States pursuant to the states have proven that hemp is an economi- cial driver’s license; and

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.013 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2439 Whereas, the safety benefits of graduated Representatives and each Member of Con- *Michelle A. Schultz, of Pennsylvania, to licensing for noncommercial vehicle drivers gress from the State of Arizona. be a Member of the Surface Transportation are well documented and similar safety bene- Board for the term of five years. fits may be possible with a graduated com- POM–215. A proclamation adopted by the *Rebecca Kelly Slaughter, of Maryland, to mercial licensing program that expands com- Mayor and City Council of Hawaiian Gar- be a Federal Trade Commissioner for the mercial driving privileges; and dens, California, memorializing its support term of seven years from September 26, 2015. Whereas, legislation allowing a voluntary of Falun Gong practitioners in China and *Rubydee Calvert, of Wyoming, to be a compact between Arizona, Colorado, Idaho, condemning practices of forced and non-con- Member of the Board of Directors of the Cor- Montana, Nebraska, Nevada, New Mexico, senting organ harvesting; to the Committee poration for Public Broadcasting for a term North Dakota, Oregon, South Dakota, Utah on Foreign Relations. expiring January 31, 2022. and Wyoming could include a conditional POM–216. A resolution adopted by the City *Laura Gore Ross, of New York, to be a lowering of the twenty-one (21) year old com- Commission of the City of Miami, Florida, Member of the Board of Directors of the Cor- mercial driver age requirement and would urging the President of the United States poration for Public Broadcasting for a term allow these contiguous states to establish a and the United States Congress to reinstate expiring January 31, 2022. graduated commercial driver licensing pro- Temporary Protected Status (TPS) to Hai- *Coast Guard nomination of Vice Adm. gram to allow drivers between eighteen (18) tians and affected Central American immi- Karl L. Schultz, to be Admiral . and twenty-one (21) years of age to operate a grants from El Salvador, Honduras, and *Coast Guard nomination of Vice Adm. commercial motor vehicle in a consenting, Nicaragua residing in the United States, to Charles W. Ray, to be Admiral. contiguous state. Now, therefore, be it extend TPS to Venezuelans fleeing the cir- *Nomination was reported with rec- Resolved by the Members of the Legislature cumstances of their country, to either rein- ommendation that it be confirmed sub- of the State of Wyoming: state or extend the Deferred Action for ject to the nominee’s commitment to Section 1. That Congress enact legislation Childhood Arrivals (DACA) Program, and to respond to requests to appear and tes- permitting Arizona, Colorado, Idaho, Mon- adopt legislation necessary to permanently tify before any duly constituted com- tana, Nebraska, Nevada, New Mexico, North protect Dreamers; to the Committee on the Dakota, Oregon, South Dakota, Utah and Judiciary. mittee of the Senate. Wyoming to enter into a voluntary compact f to establish a graduated commercial driver f INTRODUCTION OF BILLS AND licensing program to allow drivers who are REPORTS OF COMMITTEES between eighteen (18) and twenty-one (21) JOINT RESOLUTIONS years of age and who hold a commercial driv- The following reports of committees The following bills and joint resolu- er’s license issued by a compact state to op- were submitted: tions were introduced, read the first erate a commercial motor vehicle in a con- By Ms. MURKOWSKI, from the Committee and second times by unanimous consenting, contiguous compact state. on Energy and Natural Resources, without sent, and referred as indicated: Section 2. That the Secretary of State of amendment: Wyoming transmit copies of this resolution S. 1335. A bill to establish the Ste. Gene- By Mr. MURPHY (for himself and Mr. to the President and the Majority Leader of vieve National Historic Site in the State of BLUMENTHAL): S. 2744. A bill to establish a grant program the Senate and the Speaker of the House of Missouri, and for other purposes (Rept. No. to provide assistance to States to prevent Representatives of the United States Con- 115–233). and repair damage to structures due to gress, the Wyoming Congressional Delega- S. 1446. A bill to reauthorize the Histori- pyrrhotite; to the Committee on Banking, tion and to the congressional delegations cally Black Colleges and Universities His- Housing, and Urban Affairs. and the legislative bodies of Arizona, Colo- toric Preservation program (Rept. No. 115– By Mr. BLUMENTHAL (for himself and rado, Idaho, Montana, Nebraska, Nevada, 234). Mr. MURPHY): New Mexico, North Dakota, Oregon, South H.R. 648. A bill to authorize the Secretary S. 2745. A bill to establish a grant program Dakota and Utah. of the Interior to amend the Definite Plan to provide assistance to prevent and repair Report for the Seedskadee Project to enable damage to structures due to pyrrhotite; to POM–214. A concurrent memorial adopted the use of the active capacity of the the Committee on Banking, Housing, and by the Legislature of the State of Arizona Fontenelle Reservoir (Rept. No. 115–235). Urban Affairs. petitioning the United States Congress to H.R. 1135. A bill to reauthorize the Histori- By Mr. BOOKER (for himself, Mrs. enact into law the proposed Blue Water Navy cally Black Colleges and Universities His- GILLIBRAND, Mr. MERKLEY, Ms. HAR- Vietnam Veterans Act; to the Committee on toric Preservation program (Rept. No. 115– Veterans’ Affairs. RIS, and Ms. WARREN): 236). S. 2746. A bill to require the Secretary of HOUSE CONCURRENT MEMORIAL 2007 H.R. 2888. A bill to establish the Ste. Gene- Labor to establish a pilot program to provide Whereas, United States service members vieve National Historic Site in the State of grants for job guarantee programs; to the who served in the territorial seas of Vietnam Missouri, and for other purposes (Rept. No. Committee on Finance. 115–237). during the Vietnam War were exposed to By Ms. HASSAN (for herself, Mr. MAR- By Mr. ALEXANDER, from the Committee more than 20 million gallons of the herbicide KEY, Mrs. SHAHEEN, and Mr. SAND- on Health, Education, Labor, and Pensions, Agent Orange, a toxic chemical linked to a ERS): variety of detrimental health effects; and with an amendment in the nature of a sub- S. 2747. A bill to provide for the study and Whereas, the Agent Orange Act of 1991 al- stitute: evaluation of net metering, and for other lowed the United States Secretary of Vet- S. 382. A bill to require the Secretary of purposes; to the Committee on Energy and erans Affairs to expeditiously deliver vet- Health and Human Services to develop a vol- Natural Resources. erans’ benefits to veterans who suffer from untary registry to collect data on cancer in- By Mr. BROWN (for himself, Mr. any of the diseases the federal government cidence among firefighters. ROUNDS, and Mr. COONS): linked to Agent Orange, but this act was By Mr. ALEXANDER, from the Committee S. 2748. A bill to amend title 10, United limited in 2002 to only those veterans who on Health, Education, Labor, and Pensions, States Code, to require members of the could provide proof of ‘‘boots on the ground’’ without amendment: Armed Forces to receive additional training in Vietnam; and S. 2597. A bill to amend the Public Health under the Transition Assistance Program, Whereas, the Blue Water Navy Vietnam Service Act to reauthorize the program of and for other purposes; to the Committee on Veterans Act would restore the presumptive payments to children’s hospitals that oper- Veterans’ Affairs. coverage for blue water veterans and lift ate graduate medical education programs, By Mr. BROWN (for himself and Mr. from these individuals the burden of having and for other purposes. THUNE): to prove their exposure to Agent Orange; and f S. 2749. A bill to provide for the reform and Whereas, the Blue Water Navy Vietnam continuation of agricultural commodity pro- Veterans Act would lessen the suffering of EXECUTIVE REPORTS OF grams of the Department of Agriculture veterans who are currently enduring diseases COMMITTEE through fiscal year 2023, and for other pur- they received as a result of their honorable poses; to the Committee on Agriculture, Nu- service to this nation. The following executive reports of trition, and Forestry. Wherefore your memorialist, the House of nominations were submitted: By Mr. NELSON (for himself and Mr. Representatives of the State of Arizona, the By Mr. THUNE for the Committee on Com- RUBIO): Senate concurring, prays: merce, Science, and Transportation. S. 2750. A bill to require the Secretary of 1. That the United States Congress enact *Alan E. Cobb, of Kansas, to be a Member Veterans Affairs to ensure that the sup- into law the proposed Blue Water Navy Viet- of the Board of Directors of the Metropolitan ported housing program of the Department nam Veterans Act. Washington Airports Authority for a term of Veterans Affairs has not fewer than one 2. That the Secretary of State of the State expiring November 22, 2023. program manager for every 35 rental assist- of Arizona transmit copies of this Memorial *Patrick Fuchs, of Wisconsin, to be a Mem- ance cases under such program, and for other to the President of the United States Senate, ber of the Surface Transportation Board for purposes; to the Committee on Banking, the Speaker of the United States House of the term of five years. Housing, and Urban Affairs.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.025 S25APPT1 S2440 CONGRESSIONAL RECORD — SENATE April 25, 2018 By Mrs. GILLIBRAND (for herself and By Mr. ISAKSON (for himself and Ms. Secretary of the Treasury to mint Mr. SCHUMER): STABENOW): coins in recognition of the 60th anni- S. 2751. A bill to designate the facility of S. Res. 484. A resolution supporting the versary of the Naismith Memorial Bas- the United States Postal Service located at 6 designation of April 2018 as ‘‘Parkinson’s ketball Hall of Fame. Doyers Street in New York, New York, as Awareness Month’’; considered and agreed the ‘‘Mabel Lee Memorial Post Office’’; to to. S. 1589 the Committee on Homeland Security and By Mr. CORNYN (for himself, Mr. At the request of Mr. ROBERTS, the Governmental Affairs. CRUZ, Mr. MCCONNELL, Mr. SCHUMER, name of the Senator from Louisiana By Mr. VAN HOLLEN (for himself and Mr. ALEXANDER, Ms. BALDWIN, Mr. (Mr. KENNEDY) was added as a cospon- Ms. MURKOWSKI): BARRASSO, Mr. BENNET, Mr. sor of S. 1589, a bill to amend the Inter- S. 2752. A bill to provide a Federal charter BLUMENTHAL, Mr. BLUNT, Mr. BOOK- nal Revenue Code of 1986 and the Small to the Fab Foundation for the National Fab ER, Mr. BOOZMAN, Mr. BROWN, Mr. Business Act to expand the availability Lab Network, a national network of local BURR, Ms. CANTWELL, Mrs. CAPITO, of employee stock ownership plans in S digital fabrication facilities providing uni- Mr. CARDIN, Mr. CARPER, Mr. CASEY, versal access to advanced manufacturing Mr. CASSIDY, Ms. COLLINS, Mr. COONS, corporations, and for other purposes. tools for learning skills, developing inven- Mr. CORKER, Ms. CORTEZ MASTO, Mr. S. 1803 tions, creating businesses, and producing COTTON, Mr. CRAPO, Mr. DAINES, Mr. At the request of Mr. HATCH, the personalized products, and for other pur- DONNELLY, Ms. DUCKWORTH, Mr. DUR- name of the Senator from Minnesota poses; to the Committee on Health, Edu- BIN, Mr. ENZI, Mrs. ERNST, Mrs. FEIN- (Ms. KLOBUCHAR) was added as a co- cation, Labor, and Pensions. STEIN, Mrs. FISCHER, Mr. FLAKE, Mr. sponsor of S. 1803, a bill to improve By Mr. YOUNG (for himself and Mr. GARDNER, Mrs. GILLIBRAND, Mr. GRA- medical research on marijuana. BOOKER): HAM, Mr. GRASSLEY, Ms. HARRIS, Ms. S 1879 S. 2753. A bill to establish a commission for HASSAN, Mr. HATCH, Mr. HEINRICH, . the purpose of studying the issue of retire- Ms. HEITKAMP, Mr. HELLER, Ms. At the request of Mr. BARRASSO, the ment security; to the Committee on Health, HIRONO, Mr. HOEVEN, Mrs. HYDE- name of the Senator from Massachu- Education, Labor, and Pensions. SMITH, Mr. INHOFE, Mr. ISAKSON, Mr. setts (Mr. MARKEY) was added as a co- By Mr. MANCHIN (for himself, Mr. JOHNSON, Mr. JONES, Mr. KAINE, Mr. sponsor of S. 1879, a bill to amend title KAINE, and Mrs. CAPITO): KENNEDY, Mr. KING, Ms. KLOBUCHAR, S. 2754. A bill to establish a grant program XVIII of the Social Security Act to Mr. LANKFORD, Mr. LEAHY, Mr. LEE, provide for the coverage of marriage to address the impact of substance use-re- Mr. MANCHIN, Mr. MARKEY, Mr. and family therapist services and men- lated trauma on children and youth in public MCCAIN, Mrs. MCCASKILL, Mr. schools; to the Committee on Health, Edu- MENENDEZ, Mr. MERKLEY, Mr. MORAN, tal health counselor services under cation, Labor, and Pensions. Ms. MURKOWSKI, Mr. MURPHY, Mrs. part B of the Medicare program, and By Mrs. GILLIBRAND: MURRAY, Mr. NELSON, Mr. PAUL, Mr. for other purposes. S. 2755. A bill to amend title 39, United PERDUE, Mr. PETERS, Mr. PORTMAN, S. 1895 States Code, to provide that the United Mr. REED, Mr. RISCH, Mr. ROBERTS, States Postal Service may provide certain At the request of Mr. UDALL, the Mr. ROUNDS, Mr. RUBIO, Mr. SANDERS, name of the Senator from California basic financial services, and for other pur- Mr. SASSE, Mr. SCHATZ, Mr. SCOTT, (Mrs. FEINSTEIN) was added as a co- poses; to the Committee on Homeland Secu- Mrs. SHAHEEN, Mr. SHELBY, Ms. rity and Governmental Affairs. SMITH, Ms. STABENOW, Mr. SULLIVAN, sponsor of S. 1895, a bill to reauthorize By Mr. TILLIS (for himself and Ms. Mr. TESTER, Mr. THUNE, Mr. TILLIS, the Native American Housing Assist- CORTEZ MASTO): Mr. TOOMEY, Mr. UDALL, Mr. VAN ance and Self-Determination Act of S. 2756. A bill to amend the Securities Act HOLLEN, Mr. WARNER, Ms. WARREN, 1996, and for other purposes. of 1933 to direct the Securities and Exchange Mr. WHITEHOUSE, Mr. WICKER, Mr. Commission to revise the regulations of the S. 2076 WYDEN, and Mr. YOUNG): Commission regarding the qualifications of At the request of Ms. CORTEZ MASTO, S. Res. 485. A resolution honoring the life the name of the Senator from North natural persons as accredited investors; to of First Lady Barbara Bush; considered and the Committee on Banking, Housing, and agreed to. Dakota (Ms. HEITKAMP) was added as a Urban Affairs. cosponsor of S. 2076, a bill to amend the By Mr. YOUNG (for himself, Mr. f Public Health Service Act to authorize MERKLEY, Mr. RUBIO, and Mr. COONS): the expansion of activities related to S. 2757. A bill to require a national eco- ADDITIONAL COSPONSORS Alzheimer’s disease, cognitive decline, nomic security strategy, and for other pur- S. 451 poses; to the Committee on Banking, Hous- and brain health under the Alzheimer’s At the request of Mr. CARDIN, the Disease and Healthy Aging Program, ing, and Urban Affairs. name of the Senator from New Mexico By Mrs. MCCASKILL (for herself and and for other purposes. (Mr. UDALL) was added as a cosponsor Mr. BLUNT): S. 2101 of S. 451, a bill to amend the Water Re- S. 2758. A bill to amend title 36, United At the request of Mr. DONNELLY, the sources Research Act of 1984 to reau- States Code, to provide for the display of the name of the Senator from Massachu- National League of Families POW/MIA flag thorize grants for and require applied setts (Ms. WARREN) was added as a co- at the World War I Memorials; considered water supply research regarding the sponsor of S. 2101, a bill to award a and passed. water resources research and tech- Congressional Gold Medal, collectively, By Mr. GRASSLEY (for himself, Mr. nology institutes established under to the crew of the USS Indianapolis, in RUBIO, Mr. NELSON, and Mr. HATCH): that Act. S. 2759. A bill to amend title 18, United recognition of their perseverance, brav- States Code, to reauthorize and expand the S. 452 ery, and service to the United States. National Threat Assessment Center of the At the request of Mr. FLAKE, the S. 2205 Department of Homeland Security; to the name of the Senator from Wyoming Committee on the Judiciary. At the request of Mr. HEINRICH, the (Mr. ENZI) was added as a cosponsor of name of the Senator from Alaska (Ms. f S. 452, a bill to amend the Clean Air MURKOWSKI) was added as a cosponsor SUBMISSION OF CONCURRENT AND Act to delay the enforcement and im- of S. 2205, a bill to improve access by SENATE RESOLUTIONS plementation of the 2015 national ambi- Indian tribes to support from the ent air quality standards for ozone. The following concurrent resolutions Schools and Libraries Universal Serv- and Senate resolutions were read, and S. 896 ice Support program (E-rate) of the referred (or acted upon), as indicated: At the request of Mr. BURR, the name Federal Communications Commission, By Mr. WHITEHOUSE (for himself, Mr. of the Senator from West Virginia and for other purposes. CASSIDY, Ms. DUCKWORTH, Ms. BALD- (Mrs. CAPITO) was added as a cosponsor S. 2221 WIN, Mrs. SHAHEEN, Ms. HIRONO, Mr. of S. 896, a bill to permanently reau- At the request of Mr. JOHNSON, the DURBIN, Ms. HASSAN, Ms. WARREN, thorize the Land and Water Conserva- name of the Senator from Tennessee Mrs. FEINSTEIN, Mr. MARKEY, Mr. tion Fund. (Mr. ALEXANDER) was added as a co- COONS, and Ms. SMITH): S. 1503 sponsor of S. 2221, a bill to repeal the S. Res. 483. A resolution recognizing the contributions of senior volunteers and desig- At the request of Ms. WARREN, the multi-State plan program. nating the week of April 29 through May 5, name of the Senator from Kentucky S. 2471 2018, as ‘‘National Senior Corps Week’’; con- (Mr. MCCONNELL) was added as a co- At the request of Mr. SCHATZ, the sidered and agreed to. sponsor of S. 1503, a bill to require the name of the Senator from Illinois (Mr.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.029 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2441 DURBIN) was added as a cosponsor of S. SUBMITTED RESOLUTIONS SENATE RESOLUTION 484—SUP- 2471, a bill to amend title 18, United PORTING THE DESIGNATION OF States Code, to improve the compas- APRIL 2018 AS ‘‘PARKINSON’S sionate release process of the Bureau of AWARENESS MONTH’’ Prisons, and for other purposes. SENATE RESOLUTION 483—RECOG- Mr. ISAKSON (for himself and Ms. NIZING THE CONTRIBUTIONS OF S. 2497 STABENOW) submitted the following SENIOR VOLUNTEERS AND DES- resolution; which was considered and At the request of Mr. RUBIO, the IGNATING THE WEEK OF APRIL agreed to: 29 THROUGH MAY 5, 2018, AS ‘‘NA- name of the Senator from Maine (Ms. S. RES. 484 COLLINS) was added as a cosponsor of S. TIONAL SENIOR CORPS WEEK’’ Whereas Parkinson’s disease is a chronic, 2497, a bill to amend the Foreign As- Mr. WHITEHOUSE (for himself, Mr. progressive neurological disease and is the sistance Act of 1961 and the Arms Ex- CASSIDY, Ms. DUCKWORTH, Ms. BALDWIN, second most common neurodegenerative dis- port Control Act to make improve- Mrs. SHAHEEN, Ms. HIRONO, Mr. DURBIN, ease in the United States; ments to certain defense and security Whereas there is inadequate data on the Ms. HASSAN, Ms. WARREN, Mrs. FEIN- assistance provisions and to authorize incidence and prevalence of Parkinson’s dis- STEIN, Mr. MARKEY, Mr. COONS, and Ms. the appropriations of funds to Israel, ease, but it is estimated to affect nearly SMITH) submitted the following resolu- and for other purposes. 1,000,000 individuals in the United States, tion; which was considered and agreed with that number expected to more than S. 2625 to: double by 2040; Whereas Parkinson’s disease is the 14th S. RES. 483 At the request of Mrs. FEINSTEIN, the leading cause of death in the United States names of the Senator from Alabama Whereas volunteers in the United States according to the Centers for Disease Control (Mr. JONES) and the Senator from who are 55 years of age and older (referred to and Prevention; Georgia (Mr. PERDUE) were added as co- in this preamble as ‘‘senior volunteers’’) pro- Whereas millions of individuals in the sponsors of S. 2625, a bill to amend title vide much-needed services to their commu- United States are caregivers, family mem- nities, neighbors, and friends; bers, and friends who are greatly impacted 17, United States Code, to provide for Whereas Senior Corps, through the RSVP, the payment of performance royalties by Parkinson’s disease; Foster Grandparent, and Senior Companion Whereas research suggests the cause of to certain producers, mixers, and sound programs administered by the Corporation Parkinson’s disease is a combination of ge- engineers of sound recordings, and for for National and Community Service, pro- netic and environmental factors, but the other purposes. vides meaningful opportunities to 220,000 exact cause in most individuals is still un- senior volunteers and recruits thousands of known; S. RES. 401 additional community volunteers; Whereas there is currently no objective At the request of Mr. DAINES, the Whereas, for more than 5 decades, RSVP test or biomarker to diagnose Parkinson’s names of the Senator from Oregon (Mr. volunteers, Foster Grandparents, and Senior disease; Companions have played an important role WYDEN) and the Senator from Wash- Whereas there is no known cure or drug to in strengthening communities by contrib- slow or halt the progression of Parkinson’s ington (Mrs. MURRAY) were added as uting their experience, knowledge, and ac- cosponsors of S. Res. 401, a resolution disease, and available treatments are limited complishments in order to— in their ability to address the medical needs designating May 5, 2018 as the ‘‘Na- (1) help their neighbors recover from nat- of patients and remain effective over time; tional Day of Awareness for Missing ural and manmade disasters; Whereas the symptoms of Parkinson’s dis- and Murdered Native Women and (2) provide nutrition services; ease vary from person to person and can in- Girls’’. (3) mentor and tutor schoolchildren; clude— (4) support veterans and military families; (1) tremors; S. RES. 440 and (2) slowness of movement and rigidity; (3) gait and balance difficulty; At the request of Mr. PORTMAN, the (5) provide respite care to caregivers; (4) speech and swallowing disturbances; names of the Senator from Texas (Mr. Whereas, in 2017, Senior Corps volunteers (5) cognitive impairment and dementia; CORNYN) and the Senator from Michi- provided 54,000,000 hours of direct service (6) mood disorders; and gan (Mr. PETERS) were added as cospon- through more than 25,000 nonprofit, edu- (7) a variety of other non-motor symptoms; sors of S. Res. 440, a resolution desig- cational, and faith-based community groups Whereas volunteers, researchers, care- nationwide; givers, and medical professionals are work- nating April 2018 as ‘‘Second Chance Whereas structured volunteering by senior ing to improve the quality of life of individ- Month’’. volunteers— uals living with Parkinson’s disease and (1) keeps those senior volunteers active, their families; and f healthy, and engaged; Whereas increased research, education, and (2) helps the United States by saving tax- community support services are needed to STATEMENTS ON INTRODUCED payer dollars and reducing health care costs; find more effective treatments and to provide access to quality care to those living BILLS AND JOINT RESOLUTIONS and (3) supports the ability of seniors to live with Parkinson’s disease today: Now, there- By Mrs. MCCASKILL (for herself independent and productive lives; fore, be it Resolved, That the Senate— and Mr. BLUNT): Whereas the RSVP, Foster Grandparent, (1) designates April 2018 as ‘‘Parkinson’s and Senior Companion programs have proven S. 2758. A bill to amend title 36, Awareness Month’’; to be cost-effective ways to engage senior United States Code, to provide for the (2) supports the goals and ideals of Parkin- volunteers in service that meets pressing son’s Awareness Month; display of the National League of Fam- community needs; (3) continues to support research to find ilies POW/MIA flag at the World War I Whereas the United States should expand better treatments and a cure for Parkinson’s Memorials; considered and passed. senior volunteer service opportunities to disease; take advantage of the talents and experi- S. 2758 (4) recognizes the individuals living with ences of the 10,000 baby boomers who will re- Parkinson’s disease who participate in vital Be it enacted by the Senate and House of Rep- tire each day for the next 20 years; and clinical trials to advance the knowledge of resentatives of the United States of America in Whereas, at a time of mounting social need the disease; and Congress assembled, and growing interest in service by older indi- (5) commends the dedication of organiza- viduals in the United States, the United tions, volunteers, researchers, and millions SECTION 1. DISPLAY OF NATIONAL LEAGUE OF States has an unprecedented opportunity to FAMILIES POW/MIA FLAG AT THE of individuals across the country working to harness the talents of senior volunteers to WORLD WAR I MEMORIALS. improve the quality of life of individuals liv- address community challenges: Now, there- ing with Parkinson’s disease and their fami- (a) IN GENERAL.—Subsection (d)(3) of sec- fore, be it lies. tion 902 of title 36, United States Code, is Resolved, That the Senate— amended by striking ‘‘The World War II Me- (1) designates the week of April 29 through f morial,’’ and inserting ‘‘The World War I Me- May 5, 2018, as ‘‘National Senior Corps morials, the World War II Memorial,’’. SENATE RESOLUTION 485—HON- Week’’; and ORING THE LIFE OF FIRST LADY (b) DAYS FOR DISPLAY.—Subsection (2) encourages the people of the United BARBARA BUSH (c)(2)(A) of such section is amended by in- States to recognize the contributions of sen- serting ‘‘the World War I Memorials,’’ before ior volunteers and join in the celebration of Mr. CORNYN (for himself, Mr. CRUZ, ‘‘the World War II Memorial,’’. National Senior Corps Week. Mr. MCCONNELL, Mr. SCHUMER, Mr.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.032 S25APPT1 S2442 CONGRESSIONAL RECORD — SENATE April 25, 2018 ALEXANDER, Ms. BALDWIN, Mr. BAR- Foundation, the Leukemia Society of Amer- the session of the Senate on Wednes- RASSO, Mr. BENNET, Mr. BLUMENTHAL, ica, the Ronald McDonald House, and the day, April 25, 2018, at 2:30 p.m. to con- Mr. BLUNT, Mr. BOOKER, Mr. BOOZMAN, Boys & Girls Club of America; duct a hearing. Whereas three primary schools and two Mr. BROWN, Mr. BURR, Ms. CANTWELL, middle schools in Texas have been named for COMMITTEE ON SMALL BUSINESS Mrs. CAPITO, Mr. CARDIN, Mr. CARPER, Barbara Bush, along with an elementary ENTREPRENEURSHIP Mr. CASEY, Mr. CASSIDY, Ms. COLLINS, school in Mesa, Arizona, the Barbara Bush The Committee on Small Business Mr. COONS, Mr. CORKER, Ms. CORTEZ Library in Harris County, Texas, and the and Entrepreneurship is authorized to MASTO, Mr. COTTON, Mr. CRAPO, Mr. Barbara Bush Children’s Hospital at Maine meet during the session of the Senate DAINES, Mr. DONNELLY, Ms. Medical Center in Portland, Maine; on Wednesday, April 25, 2018, at 3:30 DUCKWORTH, Mr. DURBIN, Mr. ENZI, Whereas Barbara Bush shares the rare dis- p.m. to conduct a hearing. Mrs. ERNST, Mrs. FEINSTEIN, Mrs. tinction with Abigail Adams of being both a SUBCOMMITTEE ON OCEANS, ATMOSPHERE, ISCHER LAKE ARDNER wife to, and mother of, a President of the F , Mr. F , Mr. G , FISHERIES, AND COAST GUARD Mrs. GILLIBRAND, Mr. GRAHAM, Mr. United States, and is also the mother of a Governor of Florida and a Governor of Texas; The Subcommittee on Oceans, At- GRASSLEY, Ms. HARRIS, Ms. HASSAN, and mosphere, Fisheries, and Coast Guard Mr. HATCH, Mr. HEINRICH, Ms. Whereas Barbara Bush was a truly great of the Committee on Commerce, HEITKAMP, Mr. HELLER, Ms. HIRONO, American, First and Second Lady of the Science, and Transportation is author- Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. United States, literacy advocate, author, ized to meet during the session of the INHOFE, Mr. ISAKSON, Mr. JOHNSON, Mr. mother, and ‘‘Ganny’’: Now, therefore, be it Senate on Wednesday, April 25, 2018, at JONES, Mr. KAINE, Mr. KENNEDY, Mr. Resolved, That the Senate— 2:30 p.m. to conduct a hearing entitled, KING, Ms. KLOBUCHAR, Mr. LANKFORD, (1) extends its sympathies to the family of ‘‘Enhancing the Marine Mammal Pro- Mr. LEAHY, Mr. LEE, Mr. MANCHIN, Mr. Barbara Bush; and MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, (2) honors the life of First Lady Barbara tection Act.’’ Bush and her contribution to the United Mr. MENENDEZ, Mr. MERKLEY, Mr. f States of America. MORAN, Ms. MURKOWSKI, Mr. MURPHY, COMMEMORATING THE 59TH ANNI- f Mrs. MURRAY, Mr. NELSON, Mr. PAUL, VERSARY OF TIBET’S 1959 UPRIS- Mr. PERDUE, Mr. PETERS, Mr. PORTMAN, AUTHORITY FOR COMMITTEES TO ING AS ‘‘TIBETAN RIGHTS DAY’’ Mr. REED, Mr. RISCH, Mr. ROBERTS, Mr. MEET Mr. TILLIS. Mr. President, I ask ROUNDS, Mr. RUBIO, Mr. SANDERS, Mr. Mr. BLUNT. Mr. President, I have 7 unanimous consent that the Senate SASSE, Mr. SCHATZ, Mr. SCOTT, Mrs. requests for committees to meet during SHAHEEN, Mr. SHELBY, Ms. SMITH, Ms. proceed to the immediate consider- today’s session of the Senate. They ation of Calendar No. 363, S. Res. 429. STABENOW, Mr. SULLIVAN, Mr. TESTER, have the approval of the Majority and Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, The PRESIDING OFFICER. The Minority leaders. clerk will report the resolution by Mr. UDALL, Mr. VAN HOLLEN, Mr. WAR- Pursuant to rule XXVI, paragraph NER, Ms. WARREN, Mr. WHITEHOUSE, Mr. title. 5(a), of the Standing Rules of the Sen- The bill clerk read as follows: WICKER, Mr. WYDEN, and Mr. YOUNG) ate, the following committees are au- A resolution (S. Res. 429) commemorating submitted the following resolution; thorized to meet during today’s session which was considered and agreed to: the 59th anniversary of Tibet’s 1959 uprising of the Senate: as ‘‘Tibetan Rights Day,’’ and expressing S. RES. 485 COMMITTEE ON COMMERCE, SCIENCE, AND support for the human rights and religious Whereas Barbara Pierce was born on June TRANSPORTATION freedom of the Tibetan people and the Ti- 8, 1925, in New York City; The Committee on Commerce, betan Buddhist faith community. Whereas Barbara Pierce became engaged to Science, and Transportation is author- There being no objection, the Senate George Herbert Walker Bush and, while ized to meet during the session of the awaiting his return from combat during proceeded to consider the resolution. World War II, supported the war effort by Senate on Wednesday, April 25, 2018, at Mr. TILLIS. Mr. President, I further working at a nuts and bolts factory in Port 9:45 a.m. to conduct a hearing. ask unanimous consent that the reso- Chester, New York; COMMITTEE ON HOMELAND SECURITY AND lution be agreed to, the preamble be Whereas Barbara Bush was married to GOVERNMENTAL AFFAIRS agreed to, and the motions to recon- President George H.W. Bush for 73 years, and The Committee on Homeland Secu- sider be considered made and laid upon together they had 2 daughters, 4 sons, 17 rity and Governmental Affairs is au- the table with no intervening action or grandchildren, and 8 great-grandchildren; thorized to meet during the session of Whereas as Second Lady of the United debate. the Senate on Wednesday, April 25, The PRESIDING OFFICER. Without States, Barbara Bush became a passionate 2018, at 3 p.m. to conduct a hearing. champion for family literacy and published objection, it is so ordered. ‘‘C. Fred’s Story: A Dog’s Life’’, which raised COMMITTEE ON INDIAN AFFAIRS The resolution (S. Res. 429) was $100,000 for Literacy Volunteers of America The Committee on Indian Affairs is agreed to. and Laubach Literacy Action; authorized to meet during the session The preamble was agreed to. Whereas, in January of 1983, Barbara Bush of the Senate on Wednesday, April 25, (The resolution, with its preamble, is joined the board of the Morehouse School of 2018, at 2:30 p.m. to conduct a hearing. printed in the RECORD of March 8, 2018, Medicine in Atlanta, Georgia, and worked COMMITTEE ON THE JUDICIARY under ‘‘Submitted Resolutions.’’) with Dr. Louis Sullivan to help raise $10 mil- The Committee on the Judiciary is lion for the school’s first capital campaign; f Whereas First Lady Barbara Bush founded authorized to meet during the session of the Senate on Wednesday, April 25, PROVIDING FOR THE DISPLAY OF the Barbara Bush Foundation for Family THE NATIONAL LEAGUE OF FAM- Literacy in 1989, and over the course of 30 2018, at 10 a.m. to conduct a hearing on years raised more than $110 million to sup- the following nominations: Andrew S. ILIES POW/MIA FLAG AT THE port family literacy programs in every State Oldham, of Texas, to be United States WORLD WAR I MEMORIALS across America; Circuit Judge for the Fifth Circuit, Mr. TILLIS. Mr. President, I ask Whereas while serving as First Lady, Bar- Alan D. Albright, to be United States unanimous consent that the Senate bara Bush visited facilities for AIDS victims District Judge for the Western District proceed to the immediate consider- and held infected babies and hugged adults, and in so doing, helped erase the stigma of of Texas, Thomas S. Kleeh, to be ation of S. 2758, which is at the desk. that disease; United States District Judge for the The PRESIDING OFFICER. The Whereas, in 1991, Barbara Bush and other Northern District of West Virginia, clerk will report the bill by title. advocates worked for the passage of the Na- Peter J. Phipps, to be United States The bill clerk read as follows: tional Literacy Act of 1991, which created District Judge for the Western District A bill (S. 2758) to amend title 36, United the National Institute for Literacy and per- of Pennsylvania, and Michael J. States Code, to provide for the display of the mitted the use of libraries and other munic- Truncale, to be United States District National League of Families POW/MIA flag ipal property as evening literacy centers for Judge for the Eastern District of at the World War I Memorials. adults; Whereas after leaving the White House, Texas. There being no objection, the Senate Barbara Bush continued to support a broad COMMITTEE ON RULES AND ADMINISTRATION proceeded to consider the bill. range of important organizations and causes, The Committee on Rules and Admin- Mr. TILLIS. Mr. President, I further including AmeriCares, the Mayo Clinic istration is authorized to meet during ask unanimous consent that the bill be

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.036 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2443 read a third time and passed and the sider be considered made and laid upon The oil-and-gas conglomerate built a rep- motion to reconsider be considered the table, all en bloc. utation for using a network of ‘‘dark money’’ made and laid upon the table with no The PRESIDING OFFICER. Without to exert political influence and was Pompeo’s top donor over the course of his intervening action or debate. objection, it is so ordered. former congressional career. The PRESIDING OFFICER. Without The resolutions were agreed to. That ‘‘in’’ may work to the advantage of objection, it is so ordered. The preambles were agreed to. the Koch brothers, who hold a significant in- The bill (S. 2758) was ordered to be (The resolutions, with their pre- terest in global affairs, especially with engrossed for a third reading, was read ambles, are printed in today’s RECORD Trump’s recently imposed tariffs. the third time, and passed, as follows: under ‘‘Submitted Resolutions.’’) TOP DONORS TO MIKE POMPEO S. 2758 f [Career Totals] Be it enacted by the Senate and House of Rep- ORDERS FOR THURSDAY, APRIL resentatives of the United States of America in Donor Total Congress assembled, 26, 2018 Koch Industries ...... $400,500 SECTION 1. DISPLAY OF NATIONAL LEAGUE OF Mr. TILLIS. Mr. President, I ask Textron ...... $79,810 FAMILIES POW/MIA FLAG AT THE unanimous consent that when the Sen- Mull Drilling ...... $70,350 WORLD WAR I MEMORIALS. Club for Growth ...... $64,817 ate completes its business today, it ad- Ritchie Exploration ...... $55,954 (a) IN GENERAL.—Subsection (d)(3) of sec- journ until 9:30 a.m., Thursday, April INTRUST Bank ...... $55,300 tion 902 of title 36, United States Code, is McCoy Petroleum ...... $52,550 amended by striking ‘‘The World War II Me- 26; further, that following the prayer AT&T ...... $51,250 Cox Enterprises ...... $47,300 morial,’’ and inserting ‘‘The World War I Me- and pledge, the morning hour be Emprise Bank ...... $44,555 morials, the World War II Memorial,’’. deemed expired, the Journal of pro- (b) DAYS FOR DISPLAY.—Subsection ceedings be approved to date, the time Since his first bid for Congress in 2010, (c)(2)(A) of such section is amended by infor the two leaders be reserved for their Pompeo has received $400,500 from Koch In- serting ‘‘the World War I Memorials,’’ before use later in the day, and morning busi- dustries—$335,500 from individual employee ‘‘the World War II Memorial,’’. ness be closed. Finally, I ask that fol- contributions and $65,000 from its corporate f PAC, Center for Responsive Politics data lowing leader remarks, the Senate pro- shows. NATIONAL DAY OF AWARENESS ceed to executive session and resume Each election cycle leading up to his con- FOR MISSING AND MURDERED consideration of the Pompeo nomina- firmation as CIA director in 2017, Pompeo led NATIVE WOMEN AND GIRLS tion, with the time until 12 noon to- all federal politicians in Koch-related dona- morrow equally divided between the tions. He’s also received more money from Mr. TILLIS. Mr. President, I ask two leaders or their designees. the oil interest than any candidate since unanimous consent that the Judiciary The PRESIDING OFFICER. Without 1989. Committee be discharged from further Trump’s announcement came in a surprise objection, it is so ordered. consideration of S. Res. 401 and the tweet Tuesday morning, adding Tillerson to Senate proceed to its immediate con- f a growing list of White House officials to unceremoniously leave the administration. sideration. ORDER FOR ADJOURNMENT Tillerson thanked members of the State The PRESIDING OFFICER. Without Mr. TILLIS. Mr. President, if there is Department in a news conference that after- objection, it is so ordered. noon, saying ‘‘the world needs selfless lead- The clerk will report the resolution no further business to come before the ers such as these.’’ by title. Senate, I ask unanimous consent that ‘‘I will address a few administrative mat- The bill clerk read as follows: it stand adjourned under the previous ters related to my departure and work to- order, following the remarks of Sen- wards a smooth and orderly transition for A resolution (S. Res. 401) designating May secretary of state-designate, Mike Pompeo,’’ 5, 2018 as the ‘‘National Day of Awareness for ator BLUMENTHAL. The PRESIDING OFFICER. Without Tillerson told reporters. Missing and Murdered Native Women and Pompeo’s relationship with the Kochs has Girls.’’ objection, it is so ordered. held strong over the years. In 2014, when he There being no objection, the Senate The Senator from Connecticut. faced a tough primary challenge, the Koch- proceeded to consider the resolution. f funded Americans for Prosperity group spent Mr. TILLIS. Mr. President, I ask over $409,000 supporting Pompeo. DARK MONEY Other congressional leaders who trailed unanimous consent that the resolution Mr. BLUMENTHAL. Mr. President, I Pompeo in career donations from Koch In- be agreed to, the preamble be agreed dustries include House Speaker Paul Ryan to, and the motions to reconsider be am here to talk about money in poli- (R–Wis.) with $274,172 and Senate Majority considered made and laid upon the tics and, even more insidiously and po- Leader Mitch McConnell (R–Ky.) with table with no intervening action or de- tentially perniciously, money in gov- $148,350. bate. ernment. But Pompeo’s ties to the Koch brothers The PRESIDING OFFICER. Without The money in politics begins with predate his political career. the President’s nominee to be Sec- He used investments from the Koch empire objection, it is so ordered. to help kick-start a Wichita-based company, The resolution (S. Res. 401) was retary of State, Mike Pompeo. I sug- Thayer Aerospace. After leaving the com- agreed to. gest to my colleagues that they read pany, Pompeo acted as head of Sentry Inter- The preamble was agreed to. an article that appeared in national, an oil drilling manufacturer with (The resolution, with its preamble, is opensecrets.org from the Center for Re- Koch ties. sponsive Politics. I ask unanimous con- Those investments seem to have paid off. printed in the RECORD of February 12, When Pompeo entered Congress, he 2018, under ‘‘Submitted Resolutions.’’) sent that it be printed in the RECORD. There being no objection, the mate- brought with him a former Koch Industries f lawyer as his chief of staff. Within his first rial was ordered to be printed in the week on the job, Pompeo proposed measures RESOLUTIONS SUBMITTED TODAY RECORD, as follows: considered top legislative priorities for Koch Mr. TILLIS. Mr. President, I ask [OpenSecrets.org, Center for Responsive Industries. unanimous consent that the Senate Politics, March 24, 2018] The proposals included cutting funding for an Environmental Protection Agency reg- now proceed to the en bloc consider- TRUMP PICKS TOP KOCH RECIPIENT FOR SECRETARY OF STATE istry of greenhouse-gas polluters and a data- ation of the following Senate resolu- base of consumer complaints about unsafe tions, which were submitted earlier (By Megan Janetsky and Matthew Kelly) products, The Washington Post reported. today: S. Res. 483, S. Res. 484, and S. President Trump nixed Rex Tillerson as Along with Koch support, Pompeo has been Res. 485. secretary of state Tuesday in favor of CIA bankrolled by other oil-and-gas interests, in- There being no objection, the Senate Director Mike Pompeo, a former Kansas con- cluding Textron, Mull Drilling and McCoy proceeded to consider the resolutions gressman whose political career was paved Petroleum. The industry has given him a en bloc. by Koch Industries. total of $1.2 million, the most by any indus- Headquartered in Pompeo’s former Wichita try, CRP data shows. Mr. TILLIS. Mr. President, I ask district, the privately held company run by Now Pompeo enters the role of the White unanimous consent that the resolu- conservative megadonors Charles and David House’s chief diplomat, a position that can tions be agreed to, the preambles be Koch has funneled more money to the Trump affect the financial interests of multi- agreed to, and the motions to recon- pick than any other federal politician. national companies.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.055 S25APPT1 S2444 CONGRESSIONAL RECORD — SENATE April 25, 2018 TOP POLITICIANS SUPPORTED BY KOCH INDUSTRIES the President said through a tweet: ‘‘I The Koch brothers are throwing a lot [Career Totals] really like the Koch Brothers (mem- of money behind the nomination of bers of my [Palm Beach] Club), but I judges who are poised to rule in their Politican Last Office Sought Total don’t want their money or anything favor, undermining judicial precedence Mike Pompeo (R–KS) ...... House ...... $400,500 else from them. Cannot influence and the rule of law. Its network is help- Todd Tiahrt (R–KS) ...... House ...... $388,766 Paul Ryan (R–WI) ...... House ...... $274,172 Trump!’’ Well, they are good friends. ing Donald Trump stack the courts Pat Roberts (R–KS) ...... Senate ...... $258,850 They are members of the club. And no- with far-right ideologues. James M Inhofe (R–OK) ...... Senate ...... $187,150 Jerry Moran (R–KS) ...... Senate ...... $175,900 body can deny their influence on Don- Donald Trump entered office with Roy Blunt (R–MO) ...... Senate ...... $168,600 ald Trump, their impact on this admin- more than 100 vacancies on the Federal Sam Brownback (R) ...... President ...... $168,050 Pete Sessions (R–TX) ...... House ...... $162,000 istration, or their enduring reaches and bench—an opportunity created in part Mitch McConnell (R–KY) ...... Senate ...... $148,350 effects on public policy. by Senate Republicans who blocked If you have ever wondered where Re- many of Barack Obama’s nominees be- The Koch brothers already have a broad publican ideological positions origi- fore he left office. Judges enjoy life- international presence. According to the nated on lowering corporate taxes, un- time appointments. If the Koch broth- company’s website, Koch companies alone ‘‘employ more than 120,000 people across dercutting healthcare, or loosening en- ers succeed in rigging the judiciary about 60 countries.’’ vironmental regulations, look no fur- against the needs of everyday Ameri- While Pompeo has yet to take a stance on ther than a Koch front group called cans, the effects will be felt for genera- Trump’s recently rolled out tariffs, Charles Americans for Prosperity. Americans tions to come. Koch harshly rejected them, saying in a for Prosperity is the recipient of the Americans for Prosperity is also be- press release last week that ‘‘History is filled largest grants made by another organi- hind shameless efforts to suppress with examples of administrations that im- zation called Freedom Partners. PO- votes. It has launched disinformation plemented trade restrictions with dev- LITICO describes Freedom Partners as campaigns, sending out bogus registra- astating results.’’ ‘‘One might assume that, as head of Koch ‘‘the Koch brothers’ secret bank.’’ The tion mailings with incorrect deadlines Industries—a large company involved in group peddles dark money to front in swing States like North Carolina many industries, including steel—I would ap- groups to drum up public support for and Wisconsin. When challenged, plaud such import tariffs because they would policies that benefit the richest of the Americans for Prosperity claims that be to our immediate and financial benefit,’’ rich. these blatant lies were the result of he wrote. ‘‘Corporate leaders must reject The Americans for Prosperity organi- clerical error. this type of short-term thinking, and we zation has been called by the Wash- Our Nation needs prosperity but not have.’’ Late last year, the Charles Koch Founda- ington Post ‘‘the third largest political an influence-peddling organization tion embarked on a multimillion-dollar party in the United States.’’ It was that claims to be for prosperity but, in project to promote the realist school of for- founded in 2004 by David Koch, who fact, leads to policy that undermines eign policy in programs at elite universities serves as the chairman of the board, the prosperity of everyday Americans. such as Harvard, Notre Dame and the Massa- and he has crammed the group with My reasons for opposing Mike chusetts Institute of Technology. Republican operatives. Many of them Pompeo’s nomination go well beyond Koch is an outspoken libertarian when it work for the Vice President. They op- the campaign contributions he has re- comes to foreign policy, and the realist ceived. His views are contrary to Amer- school of foreign policy champions restraint erate in 36 States. They are heavily in- on the world stage and taking a backseat on volved in electoral activities, spending ican values. He has repeatedly devalued humanitarian intervention and nation-build- millions of dollars on TV ads that and dismissed religious tolerance. He ing. spread disinformation, falsely claiming has allied himself with anti-Islam and Mr. BLUMENTHAL. The article has that the middle class will benefit from anti-LGBT groups. At a time when the the headline ‘‘Trump picks top Koch policies designed to enrich the million- environment our children will inherit recipient for secretary of state.’’ The aire backers and billionaire backers of hangs in the balance, he is a career- article says that ‘‘former Kansas con- Americans for Prosperity. long climate change denier, drowning gressman whose political career was The organizations backed by these in dark money from the Koch brothers’ paved by Koch Industries’’ received two groups and others have consist- oil industry. His regressive views on re- more money than others in similar sit- ently claimed that tax cuts for the productive rights jeopardize the uations. wealthy will benefit all Americans. healthcare of millions of women The reasons to vote against Mike They have consistently argued for around the world. If confirmed, he will Pompeo are many, but one of the prin- measures that cause environmental be responsible for executing Donald cipal ones is that he was one of the degradation. In fact, the Koch brothers Trump’s misguided policies, and he will chief recipients of money from the have an enormous stake in repealing reinforce Donald Trump’s misguided Koch brothers or their organizations. regulations that protect the environ- instinct, expanding, for example, the In fact, since his first bid for Congress ment and put limits on polluting fossil global gag rule that prevents foreign in 2010, Pompeo has received $400,000 fuel companies, repealing those regula- aid from being provided to global from Koch Industries, $335,000 from em- tions designed to accomplish that goal. health programs that discuss or pro- ployee contributions, and $65,000 from Americans for Prosperity drives the vide abortion services. He will cut pro- its corporate PAC, according to the Koch energy agenda. The group spent grams covering everything from HIV Center for Responsive Politics. millions lobbying for its industry- prevention, to maternal and child The Pompeo nomination is a poster backed champion, Scott Pruitt, to head health, to epidemic disease response, boy for the impact of money in poli- the Environmental Protection Agency, putting our lives at risk. tics, the influence of the Koch brothers as well as others nominated for EPA Money in politics has reached its on this administration, and the endur- and Energy Department positions. apex in this administration, not only ing effect of campaign contributions, of Once they were in place, these cronies in politics but in government. Just influence-buying and pettiness in gov- wasted no time in seeking to dismantle within the last day or so, the Presi- ernment. the environmental regulations prohib- dent’s Director of the Office of Manage- The Koch brothers are blatantly iting oil and gas drilling on Federal ment and Budget gave a speech to a using their influence in the Trump ad- lands, withdraw from the Clean Power group of bankers in which he said: ministration to advance an agenda Plan, which is aimed at cutting U.S. We had a hierarchy in my office in Con- based on their own self-interests at the greenhouse gas emissions, and revoke a gress. If you were a lobbyist who never gave expense of our democracy, and they moratorium on new coal leases. us money, I didn’t talk to you. If you were a have reached into the uppermost levels There are other examples of influ- lobbyist who gave us money, I might talk to and echelons of this administration ence by an American in modern polit- you. through individuals they have sup- ical history but none so egregious as That quote from Mick Mulvaney, the ported over years and years, such as the Koch brothers in this administra- head of the Office of Management and Mike Pompeo. tion. Budget, was made to a group of about In July of 2015, 2 weeks before he Most recently, we saw their influence 1,300 bankers in plain view and hearing kicked off his campaign for President, on the judiciary in suppressing votes. of the American public.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.046 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — SENATE S2445 First, the idea that a lobbyist would because the President of the United if necessary, and make sure that full have to pay in order to have access to States is preventing us from reviewing access is provided to all of these docu- a Member of Congress or his adminis- those payments and benefits that go to ments and evidence. tration raises the potential of bribery, him, which we have an obligation to re- As recently as yesterday, members of extortion, and perhaps pay-to-play. It view under the U.S. Constitution. That the VA Committee were barred from is pay-to-play and the image of it that case will be heard in court in June. viewing the FBI background check. has so sullied this town and govern- I hope the courts will vindicate the The Inspector General’s report of 2012 ment in general that President Trump rule of law. I hope we will see an end to on Rear Admiral Jackson was not pro- swayed so many people by describing it this corrosive and corrupting impact of vided to our committee, and other rel- as a swamp. Well, the swamp has been money in politics and money in govern- evant evidence and documents may deepened, and it has been further pol- ment through a web of deceit and con- exist, but they have been denied. luted by exactly this kind of talk. tempt for the rule of law that betrays I urge the administration to provide I will say to Mick Mulvaney: You are the trust of the American people. the facts, respond to the questions, and destroying the credibility and trust of The Washington, DC, that is con- address the serious allegations that the American people and our honest veyed by these quotes and actions by have been made, because they are con- colleagues, who come to work every officials at the very top of our govern- sistent and credible and compelling. day and try to help and serve the ment are not my Washington. They are The more time goes on, the more seri- American people. Some of them still not the Washington, DC, of many of ous and substantial these allegations work in the Federal Government at our colleagues—honest and hard-work- become in their detail and depth and high levels, in fear of losing their jobs ing in this Chamber, in the House of power. Time is not on their side, and so because they adhere to a standard of Representatives, and in the executive far, the administration has abjectly integrity that no longer prevails. and judicial branches—who continue to failed to respond. In fact, the mindset and mentality of do their job. Among them are two of I thank Senators Isakson and Tester pay-to-play has become the new nor- our colleagues: JOHNNY ISAKSON and for their leadership and for their insist- mal in this administration. It is filled JON TESTER. ence on integrity and character be- with people at the highest levels who Senator ISAKSON of Georgia and Sen- cause our veterans deserve it. Most im- regard unbridled and unapologetic ator TESTER of Montana have helped to portantly, our veterans deserve the graft as the new normal. That is what lead the Veterans’ Affairs Committee very best leader, not one who will be that quote says to the average Amer- over the past few days as it raises con- encumbered by the baggage of allega- ican. cerns and questions about the serious tions, unrefuted and unrebutted so far. It is typical of the practices of the allegations made by men and women in Our veterans deserve the very best in Administrator of the EPA, who accepts uniform or retired Active-Duty mili- healthcare and employment opportuni- virtually free lodging from a lobbyist tary. These concerns go directly to the ties and skill training. Our veterans de- who has access to him, as well as takes ethics and integrity and character and serve that we keep faith with them and luxury flights and stays in exorbi- ability of the President’s nominee to be choose the very best leader, with expe- tantly expensive hotels at taxpayers’ VA Secretary, Ronny Jackson, a rear rience in management, as well as a expense. Conflicts of interest, ethical admiral in the U.S. Navy. There is no commitment to the high standards of violations, and other kinds of betrayal realistic path at this point to con- integrity that befit the Veterans’ Ad- of the public trust have become com- firmation of Admiral Jackson. He ministration. It has seen problems. It monplace at the top levels of the EPA. should have a hearing if he wishes. He needs improvement and reforms. The It is the mindset of a President of the should be considered if he chooses. But path forward for the VA is with a per- United States who literally every day the administration owes the American son and a leader who has unimpeach- accepts benefits from foreign govern- people, as well as the Senate, answers able integrity. ments and payment in violation of the to questions raised by the chairman I thank Senator ISAKSON and Senator U.S. Constitution, specifically in viola- and ranking member of the VA Com- TESTER for their leadership and insist- tion of the emoluments clause that mittee. I have talked to both of them, ence on that high bar in the Veterans’ prohibits such benefits and payments as well as the staff, about this inves- Administration for the sake of our vet- without the consent of Congress. Don- tigation, and I have participated in erans. ald Trump has never come to the U.S. their thinking and support their efforts Thank you, Mr. President. Congress seeking approval for the pay- to uncover the truth. Facts are stub- I yield the floor. ments and benefits that go to the born things. That is what Ronald Trump Organization, which he still Reagan said. It remains true even more f owns. That failure is a violation of the so today in this inquiry. emoluments clause of the U.S. Con- The administration has failed to vet ADJOURNMENT UNTIL 9:30 A.M. stitution, and it is the reason that 200 this nomination. It failed abjectly to TOMORROW of us Members of Congress have uncover the truth before it submitted The PRESIDING OFFICER. Under brought legal action to vindicate our this nomination. It owes the truth and the previous order, the Senate stands trust and the trust of the American the facts now to the Senate before adjourned until 9:30 a.m. tomorrow. people that the Constitution will be there is any hearing. Documents and Thereupon, the Senate, at 7:31 p.m., followed and that we will do our job. evidence should be provided, and the adjourned until Thursday, April 26, We have standing to bring that action administration should reverse course, 2018, at 9:30 a.m.

VerDate Sep 11 2014 03:50 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.059 S25APPT1 April 25, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E531 EXTENSIONS OF REMARKS

PROMOTION TO THE RANK OF Whitman High School in Bethesda, Maryland, FRENCH-AMERICAN RELATIONS LIEUTENANT COLONEL and is retiring after 43 years in the Mont- gomery County Public School System HON. TREY GOWDY (MCPS). The people of Maryland’s 8th district, HON. TED POE especially those who live within the Walt Whit- OF SOUTH CAROLINA OF TEXAS man community, will be forever grateful for Dr. IN THE HOUSE OF REPRESENTATIVES Goodwin’s great contributions and steadfast IN THE HOUSE OF REPRESENTATIVES Wednesday, April 25, 2018 commitment to our students and to our com- Wednesday, April 25, 2018 munity. Mr. GOWDY. Mr. Speaker, I include in the Mr. POE of Texas. Mr. Speaker, as Presi- RECORD the following Proclamation in recogni- Dr. Goodwin began his career as an English tion of Bobby J. Cox, United States Army, and teacher in 1975 and was immediately recog- dent Emmanuel Macron continues his visit to to congratulate him on his promotion to the nized for his ability to inspire students to chal- the United States, I would like to acknowledge rank of Lieutenant Colonel. lenge complacency and apathy and take the shared sacrifice of his nation and ours during the First World War. Whereas, Lieutenant Colonel Cox graduated charge of their own destinies. He was nomi- from The Citadel, The Military College of nated for the prestigious Outstanding Teacher President Macron graciously brought with South Carolina in 2002. As a senior he was Award and led dozens of his colleagues as him a sapling from the Belleau Wood, the site tasked with the responsibility of leading the head of the English Department. Since leaving of the first battle in World War I where Amer- Corps of Cadets as the Regimental Com- the classroom, Dr. Goodwin served MCPS as ican generals commanded troops in the field. mander and earned the distinction of a ‘‘Distin- an assistant principal, a middle school prin- The American forces overwhelmed their ad- guished Military Graduate’’. cipal, and finally principal of one of the top versaries and helped the Allied forces win the Whereas, upon graduation, Lieutenant Colo- rated high schools in the United States, Walt day. The U.S. Marines were the toast of Paris, nel Cox commissioned as a 2nd Lieutenant in Whitman, a school which honors its namesake having provided a key spark to the Allied ma- the United States Army and would complete with creativity, compassion and hard work. neuvers in the battle. The nickname they both Ranger and Airborne School. He served Principal Goodwin has been an instrumental gained from their actions in battle, four combat tours in Iraq as a member of elite force in creating positive changes in the ‘‘Teufelhunde’’ or ‘‘Devil Dogs,’’ lives on today. units; such as, the 101st Airborne Division, school district, thereby bringing out the very Some Americans were already in France, 82nd Airborne Division and the 75th Ranger best in our students. Holding a Ph.D. in Cur- voluntarily joining the fight to defend France Regiment of the U.S. Army Special Operations riculum and Instruction and possessing dec- and her allies. Thirty-eight American pilots Command. ades of experience as an educator and admin- formed the Lafayette Escadrille, a squadron of Whereas, for his service in the Army, Lieu- istrator, Dr. Goodwin waved off higher admin- the French air service that saw action at the tenant Colonel Cox was awarded the Bronze istrative posts where he could have worked Battle of Verdun and other notable engage- Star Medal, three Meritorious Service Medals, less and made more. Instead, he opted to stay ments of the war, and more than 200 addi- four Army Commendation Medals, four Army in a role where he could maintain day-to-day tional Americans served in other French Achievement Medals, and the Military Out- interaction with his students, or as he refers to squadrons. Informally referred to collectively standing Volunteer Service Medal. In addition, them, his ‘‘kids,’’ stating, ‘‘they make a dif- as the La Fayette Flying Corps, these Amer- he was awarded the Combat Infantryman’s ference for me every day.’’ ican aviators voluntarily served the French Badge for successfully leading his unit into di- people in the same spirit as the Marquis de Principal Goodwin’s unwavering dedication rect contact with enemy forces. Lafayette did for the 13 colonies in the Revo- to his students and to his excellent teaching lution. Many of these pilots were not much Whereas, Bobby J. Cox continues to serve staff is legendary, and has resulted in multiple older than the 19-year-old Lafayette when he his country in the U.S. Army Reserve and was nominations by Bethesda Magazine as the first landed on American soil yet still made a promoted to the rank of Lieutenant Colonel on ‘‘Best Public High School Principal.’’ October 18, 2017. Be it significant contribution to the defense of Resolved, That I, Trey Gowdy, do congratu- Dr. Goodwin has seen tremendous triumphs France in World War I. late Lieutenant Colonel Bobby J. Cox, his wife for the Whitman community. Walt Whitman Mr. Speaker, the United States and France Joscelyn, their two children, Reagan and Seth High School was routinely listed by U.S. World have risen to each other’s defense throughout for their unwavering commitment and contin- News and Report as one of the top high history because we share the values of liberty ued service to our great nation and thank schools in the nation throughout Dr. Good- and freedom, and we will continue to stand by them for their unwavering loyalty, dedication, win’s tenure. our French allies in promoting these values at and contributions to the Fourth Congressional He has also led the school through difficult home and around the world. District of South Carolina. times, helping students, staff and community And that’s just the way it is. f weather devastating losses and tragedies that have shaken the Viking community. Recog- f PAYING TRIBUTE TO DR. ALAN nizing the resiliency of the community, the GOODWIN, PRINICIPAL OF WALT Whitman baseball program has dedicated its PERSONAL EXPLANATION WHITMAN HIGH SCHOOL, BE- 2018 season to ‘‘Whitman Strong,’’ a rallying THESDA, MARYLAND, ON HIS RE- cry used to bolster the school community in TIREMENT the wake of terrible events resulting in the loss HON. LUIS V. GUTIE´RREZ of two students this past fall. OF ILLINOIS HON. JAMIE RASKIN On the occasion of Walt Whitman High IN THE HOUSE OF REPRESENTATIVES OF MARYLAND School’s 2018 Baseball Program Community IN THE HOUSE OF REPRESENTATIVES Night, I am honored to join Vikings Head Wednesday, April 25, 2018 Coach Joe Cassidy and the entire school Wednesday, April 25, 2018 community in paying loving tribute to Dr. Mr. GUTIE´ RREZ. Mr. Speaker, I was un- Mr. RASKIN. Mr. Speaker, I rise today to Goodwin for his years of service and his pro- avoidably absent in the House Chamber for honor an outstanding educator and beloved foundly passionate dedication and commit- Roll Call votes 148 and 149 Tuesday, April 24, community leader, Dr. Alan Goodwin. Dr. ment to the students of Walt Whitman High 2018. Had I been present, I would have voted Goodwin currently serves as Principal of Walt School. Yea on Roll Call votes 148 and 149.

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

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K25AP8.001 E25APPT1 E532 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2018 CONGRATULATING ADIRONDACK the Second World War knew this was true of COMMENDING LOCAL 2018 HIGH WINERY ON ITS 10TH ANNIVER- his good friend, James Linton. SCHOOL GRADUATES FOR THEIR SARY DECISION TO ENLIST IN THE On April 2, 2018, Sam died at the age of UNITED STATES ARMY AND OUR 94. Full of laughter and stories from the past, COMMUNITY SALUTES OF FRED- HON. ELISE M. STEFANIK James knew that Sam’s time was coming to OF NEW YORK ERICKSBURG, VIRGINIA FOR an end. Sam had no living family members HOSTING THE SEVENTH ANNUAL IN THE HOUSE OF REPRESENTATIVES when he died, and James knew he couldn’t let HIGH SCHOOL ENLISTEE REC- Wednesday, April 25, 2018 his friend take his final breaths alone. Sitting OGNITION CEREMONY Ms. STEFANIK. Mr. Speaker, I rise today to with Sam through his final days, James pro- honor and recognize Adirondack Winery on its vided good company, even holding his hand HON. ROBERT J. WITTMAN 10th anniversary. when he took his final breath. OF VIRGINIA Adirondack Winery has been a staple attrac- Samuel was an accomplished man, both in IN THE HOUSE OF REPRESENTATIVES tion of Warren County since it opened in 2008, Wednesday, April 25, 2018 when owners Mike and Sasha Pardy moved the service and in his long career in business. back to the area to open Warren County’s first He enlisted in the Marine Corps one year after Mr. WITTMAN. Mr. Speaker, I rise today to and only winery in Lake George. The married Pearl Harbor, and served as part of the Amer- recognize the 24 Frederick, Virginia area high couple created a unique micro-winery, making ican Invasion Force, taking part in the invasion school seniors who plan to enlist in the United wine in the back of their store from grapes and defense of four islands in the Pacific. He States Army after graduation. These students have excelled in their academic and extra- sourced from multiple outside vineyards, a rose to the rank of Technical Sergeant, but curricular activities, and I offer my sincere con- model that has proven its success. The winery perhaps his most significant accomplishment gratulations upon their high school graduation. started with only the Pardys and three part- in the Marine Corps was meeting Elaine I commend these student leaders for their time workers, and over the past 10 years has Hinrichs, a member of the Marine Corps selflessness and courageous decision to serve grown to approximately 40 employees. Adiron- Women’s Reserve who would become his their country as members of the United States dack Winery moved its winemaking head- bride of 60 years before her passing in 2009. Army. quarters to Queensbury and in addition to its James Bradley; Edward Brown; Wesley Car- Sam went on to have a 20-year career with original Lake George Tasting Room, opened a ter; Ashley Corker; Keat Cross III; Destiny second Tasting Room in Bolton Landing. Ardan’s Catalog Showrooms, eventually leav- Dunbar; Oscar Espinal; Daniel Ferguson; Adirondack Winery is truly loved by Warren ing as the company’s Chief Executive Officer. Dylan Fink; Ethan Frietze; Patrick P.J. County residents, visitors, and many across He later served as president for Whitmark Giannone; Canaan Grover; Elizabeth Jackson; the country. They produce 17,000 cases of Catalog Showrooms and the Zondervan Com- Matthew Leitch; Chandler Long; Tylik Lucas; wine annually, and now ship to 35 states. It is pany’s Bible publishing consumer group, Austin Luck; Seth Raiford; Spencer Rasor; easy to see why Adirondack Winery has where he landed motivated by his lifelong Jacob Riddle; Tyler Ryals; John Santoro; gained such popularity. Adirondack Winery Christian faith. Above all, he was a caring Shiyonna Shepherd; Clay Wilson. embraces and celebrates the North Country’s friend and a faithful husband. These students will be honored by the beauty and is known for its trademark fruit-in- Greater Fredericksburg Chapter of Our Com- fused wines, diverse wine selection, and beau- With no living family, James feared that munity Salutes at their 7th Annual Military En- tiful photography of the Adirondacks on its la- Sam’s funeral would be sparsely attended. listee Recognition Ceremony on Saturday, bels. Not surprisingly, Adirondack Winery has Such a funeral simply would not properly May 5, 2018 at the University of Mary Wash- won more than 180 medals at competitions as honor Sam’s life and legacy. Thus, he sent out ington in Fredericksburg, VA. well as TripAdvisor Certificates of Excellence an open invitation, hoping that a handful of Mr. Speaker, I ask colleagues to join me in and awards voted on by local residents. others would attend. thanking these young men and women and On behalf of New York’s 21st District, I want their families for their dedication to serving this to congratulate Adirondack Winery on its 10th In the following days, several groups and in- great Nation. We owe them and the many anniversary. Adirondack Winery exemplifies dividuals answered James’ call. Several vet- Americans who have served and will serve a the North Country determination and spirit, erans groups, including the local American Le- debt of gratitude. and I look forward to watching the Pardy fam- gion Post and the Veterans of Foreign Wars f ily business continue to flourish in the years to attended the funeral at Graceland Cemetery in PERSONAL EXPLANATION come. Grand Rapids, Michigan. Members of the Pa- f triot Guard Riders provided a line of American flags for Sam’s casket to be carried through, HON. ADAM B. SCHIFF PERSONAL EXPLANATION OF CALIFORNIA and members of the Kent County Veterans IN THE HOUSE OF REPRESENTATIVES Honor Guard performed the three-volley sa- HON. BILL POSEY Wednesday, April 25, 2018 lute. OF FLORIDA Mr. SCHIFF. Mr. Speaker, had I been IN THE HOUSE OF REPRESENTATIVES Several active duty servicemen from mul- present, I would have voted YEA on Roll Call Wednesday, April 25, 2018 tiple branches attended, including two Marines No. 148 and YEA on Roll Call No. 149. who presented a folded flag to James. Dozens Mr. POSEY. Mr. Speaker, my return flight to f of strangers, having seen James’ message, Washington, D.C. was canceled due to me- also showed up to pay their respects to the INNOVATORS TO ENTREPRENEURS chanical problems, and I was unable to attend ACT OF 2018 the legislative session on April 24, 2018. World War II Marine Corps veteran. Had I been present, I would have voted Our World War II veterans represent the SPEECH OF YEA on Roll Call No. 148, and YEA and Roll greatest generation. In the words of President HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Call No. 149. Harry S. Truman, ‘‘Our debt to the heroic men OF GEORGIA f and valiant women in the service of our coun- IN THE HOUSE OF REPRESENTATIVES SAMUEL SCHWARTZ—WWII try can never be repaid. They have earned our Wednesday, April 24, 2018 VETERAN undying gratitude. America will never forget Mr. JOHNSON of Georgia. Mr. Speaker, I their sacrifices.’’ James Linton made sure his rise in support of H.R. 5086, the ‘‘Innovators HON. TED POE friend’s sacrifice for this country would not go to Entrepreneurs Act.’’ Congressman LIPINSKI’s OF TEXAS unnoticed. Samuel Schwartz and James legislation makes crucial investments in busi- IN THE HOUSE OF REPRESENTATIVES Linton demonstrate the true meaning of friend- ness literacy by requiring the Director of the ship. National Science Foundation (NSF) to develop Wednesday, April 25, 2018 And that’s just the way it is. an I-Corps course to support commercializa- Mr. POE of Texas. Mr. Speaker, there is an tion-ready innovation companies. old saying, good friends are God’s way of tak- The I-Corps program helps scientists and ing care of us. Samuel Schwartz, a veteran of engineers to extend their focus beyond the

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.002 E25APPT1 April 25, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E533 university laboratory and accelerates the eco- she matter-of-factly replied, ‘‘No it’s not on fire, The missions of the North American Aero- nomic and societal benefits of NSF-funded but some of its missing. They said there’s a space Defense Command are to provide aero- basic-research projects that are ready to move hole, and uh, someone went out.’’ Mr. Speak- space warning, aerospace control, and mari- toward commercialization. Once a team comer, try saying that without trembling. time warning to defend North America. The pletes an I-Corp course and wants to intro- Shults made an emergency landing in Phila- North American Aerospace Defense Com- duce their product to the markets, they’re left delphia, and while one passenger sadly died mand and the United States Northern Com- to form and develop a business plan without from the injuries sustained in the accident, the mand current operations center is connected any prior training or knowledge. However, not other passengers and crew members exited to a worldwide system of sensors that pro- all scientists and engineers have the proper the aircraft on the ground unharmed. vides the Commander of the North American educational background to create and run a Mr. Speaker, Shults and her crew saved Aerospace Defense Command with a common successful business and many fail in the early 148 lives. Women like Shults are exemplary operating picture of aerospace and maritime stages. In. response, the NSF created ‘‘I-Corp examples of Americas veterans, always an- threats. Go’’ to teach business skills that are essential swering the call to duty and service. If there’s The Cheyenne Mountain Air Force Station and fundamental to a company’s success. anyone that we want in the cockpit during a hosts the Alternate Command Center for the After the program’s initial success, H.R. 5086 crisis, it’s Tammie Jo Shults. was introduced to make it a permanent addi- And that’s just the way it is. North American Aerospace Defense Com- mand and United States Northern Command. tion to the I-Corp program. f As a representative of Atlanta, a place The Commander of the North American Aero- where hundreds of small businesses seek to COMMEMORATING THE 60TH ANNI- space Defense Command provides integrated compete with large corporations, this legisla- VERSARY OF THE NORTH AMER- tactical warning and attack assessments to the tion is near and dear to my heart. H.R. 5086 ICAN AEROSPACE DEFENSE COM- Government of the United States and the Gov- will provide constituents in my district and new MAND ernment of Canada. innovators with access to high quality edu- The North American Aerospace Defense cational opportunities and I support this legis- HON. DOUG LAMBORN Command uses a network of space-based and lation. OF COLORADO ground-based sensors; airborne radars, fight- f IN THE HOUSE OF REPRESENTATIVES ers, and helicopters; and ground-based air defense systems to detect, intercept, and, if nec- CAPTAIN TAMMIE JO SHULTS Wednesday, April 25, 2018 essary, engage air domain threats to North Mr. LAMBORN. Mr. Speaker, two thousand America. HON. TED POE eighteen marks the 60th anniversary of the OF TEXAS creation of the North American Aerospace De- The May 2006 renewal of the North Amer- IN THE HOUSE OF REPRESENTATIVES fense Command, commonly referred to as ican Aerospace Defense Command Agree- Wednesday, April 25, 2018 ‘‘NORAD.’’ The United States and Canada, ment added a maritime warning mission to the bound together by our history, our values, our slate of responsibilities of the Command, Mr. POE of Texas. Mr. Speaker, New Mex- economy, our environment, and our resolve to which entails a shared awareness and under- ico High School senior Tammie Jo Shults improve the lives of our citizens, have long en- standing of the ongoing activities conducted in dreamed of becoming a pilot. As a child, she joyed a close relationship that has allowed for United States and Canadian maritime ap- had watched planes from nearby Holloman Air continuous collaboration building a prosperous proaches, maritime areas, and inland water- Force Base practice combat maneuvers in the future for the people of both countries. The ways. sky above the ranch where she grew up. Her United States and Canada have stood shoul- dream motivated her to attend a lecture on her The North American Aerospace Defense der to shoulder in defense of security for more high school’s career day put on by a retired Command provides continuous surveillance than 100 years, as partners and allies in military pilot. and defense of North American airspace from The only obstacle to fulfilling her dream, World War I, World War II, the Korean War, further airborne aggression or attack, as oc- however, was not her lack of ability but, rath- throughout the Cold War, in Afghanistan, and curred on September 11, 2001, through the er, her gender. Upon entering the room, the as part of the Global Coalition against Daesh; ongoing Operation NOBLE EAGLE mission. retired colonel asked her if she was lost. working together to advance our shared val- The North American Aerospace Defense Com- When she replied that she was there because ues. mand will continue to evolve to address the she was interested in flying, he informed her As indispensable allies in the defense of ever-changing nature of the threats to North that there were no professional pilots. North America, on May 12, 1958, the United America and adapt to future shared security After college, this hurdle manifested itself States and Canada signed an official agree- interests. ment creating the bi-national North American again and again, as Shults found herself de- The outstanding service of United States nied from joining the Air Force as a pilot, even Aerospace Defense Command and formally acknowledged the mutual commitment of both and Canadian service members from Active though her brother was accepted. She finally Duty and Reserve Component forces and civil- broke into the Navy, but as a woman, she was countries to defend their citizens from air domain attacks. This cooperation is an important ians serving at the North American Aerospace not allowed to fly combat missions. Defense Command is central to the ability of Nevertheless, Shults’s persistence paid off, element of United States and Canadian contributions to the collective defense provided by North America to confront and successfully becoming one of the first women to fly the F/ defeat aerospace threats of the 21st century. A–18 Hornet, the Navy’s premier strike aircraft the members of the North Atlantic Treaty Or- ganization. The continuation of this successful relationship at the time. She rose to the rank of Lieutenant between the United States and Canada Commander before retiring. She helped pre- The North American Aerospace Defense Command enjoys a unique status as the only through the North American Aerospace De- pare Naval aviators for Operation Desert fense Command is paramount to the future Storm by flying training missions as an enemy fully integrated bi-national military command. The North American Aerospace Defense Com- security of the people of the United States and aircraft. Canada. All of these accomplishments and her stellar mand is headquartered at Peterson Air Force career as a commercial pilot for Texas-based Base, Colorado Springs, Colorado, with three Today, we therefore recognize the contribu- Southwest Airlines distinguish her as a one of subordinate region headquarters located at El- tions made by the North American Aerospace Americas best, but her actions as pilot of mendorf Air Force Base, Alaska, for the Alas- Defense Command to the security of North Flight 1380 from New York to Dallas have kan NORAD Region (ANR); Tyndall Air Force America, commemorating 60 years of excel- made her a household name. Base, Florida, for the Continental NORAD Re- lence and distinctive service by the men and Shortly after takeoff, the engine on the left gion (CONR); and Canadian Forces Base women of the North American Aerospace De- side of Shults’s aircraft exploded, and shrap- Winnipeg, Manitoba, for the Canadian NORAD fense Command, reaffirming the critical mis- nel broke through one of the plane’s windows, Region (CANR), along with three subordinate sions of the North American Aerospace De- causing the cabin to abruptly depressurize. sector command centers at Joint Base Lewis- fense Command headquartered at Peterson Panic ensued on board, as one passenger McChord, Washington, for the Western Air De- Air Force Base, Colorado Springs, Colorado, was partially sucked out of the aircraft, but fense Sector (WADS); Rome, New York, for and supporting the role of the North American Shults remained cool and collected. the Eastern Air Defense Sector (EADS); and Aerospace Defense Command in providing bi- She informed air traffic control of the plane’s Canadian Forces Base North Bay, Ontario, for national defense of the United States and situation, and when asked about the engine, the Canadian Air Defense Sector (CADS). Canada in the 21st century.

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.006 E25APPT1 E534 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2018 RECOGNIZING HAROLD BLATTIE kane, Washington, the team placed first in the Richardson from the Indiana State House of varsity division, and earned the top season- Representatives after 25 years. For more than HON. GREG GIANFORTE long award in the team International Public two decades, Representative Richardson Debate Association format. This year’s team served her constituents in Indiana’s 29th dis- OF MONTANA has earned five top national awards, a re- trict with distinction. On behalf of Indiana’s IN THE HOUSE OF REPRESENTATIVES gional title, two state titles, and a total of 148 Fifth District, we are forever grateful for her Wednesday, April 25, 2018 awards in this season alone. contributions to our community and the State Today I applaud the 25 dedicated students of Indiana. Mr. GIANFORTE. Mr. Speaker, I rise today who make up the Blue Raider Debate Team. to recognize Harold Blattie, the executive di- Representative Kathy Richardson is a life- These young men and women of all back- rector of the Montana Association of Counties. long Hoosier. Born and raised in Hamilton grounds coming together to work as a team to After more than 15 years serving MACo and County, Kathy graduated from Noblesville accomplish a common goal, serves as an ex- more than 40 years as a public servant, Har- High School in 1974. She began her career in cellent example for all of us. Congratulations old Blattie will retire in May. public service working in the Hamilton County to Middle Tennessee State University and the Mr. Blattie’s public service has crossed the Clerk’s office filing traffic tickets at the age of Blue Raiders Debate Team for representing paths of many Montanans. In 1975, he was 19. She eventually worked her way up to Dep- not only their school, but the 4th district of elected to serve on the local school board uty Clerk, and was elected Hamilton County Tennessee in a first-class manner. which he did until 1995. He also served his Clerk in 1982. In 1992, when few women ran community as a volunteer firefighter, in local f for state offices, Richardson was successfully elected to the Indiana State House, rep- organizations, and on the board of the local HONORING MRS. GLORIA DURAN electric cooperative. resenting the 29th district. Kathy continued to Mr. Blattie became involved with MACo in ´ work with the Hamilton County Clerk’s Office 1995 as a commissioner in Stillwater County. HON. LINDA T. SANCHEZ as the Election Administrator for Hamilton He began serving as MACo’s assistant direc- OF CALIFORNIA County. While serving as Indiana’s 29th Rep- resentative, Kathy has continued her service tor in 2002, and three years later, became ex- IN THE HOUSE OF REPRESENTATIVES with the Clerk’s Office. ecutive director. Throughout his time with Wednesday, April 25, 2018 MACo, Mr. Blattie has been an ardent advo- A born leader, Kathy has stood out among ´ cate of the association’s goals and vision. Ms. SANCHEZ. Mr. Speaker, I rise today to her peers. During her time in the Indiana Gen- Under his leadership, the organization has honor the life of a champion for children, edu- eral Assembly, she served as an elected grown its staff from 10 to 40. MACo is strong, cation, and the LGBTQ community from my member of the House Republican leadership. diverse, capable, and influential. Harold Blattie Southern California district. Mrs. Gloria Duran Kathy broke barriers as Republican Caucus may have lost a lot of sleep along the way, passed away March 12, 2018 at the age of 80 Chair, becoming the first woman in Indiana’s but he has inspired generations of Montanans after a lifetime of service to the local area. history to serve in an elected caucus leader- committed to serving their communities. Gloria grew up in Silver City, New Mexico until ship. As Caucus Chair, Kathy guided mem- Today, I honor Harold Blattie for his dedica- moving to California. She ultimately made bers and staff in making legislative decisions, tion to public service and his tireless defense Santa Fe Springs, California per home. Ms. while spearheading caucus meetings. Kathy of our Montana way of life. Duran began her career in education as a also served on the Elections and Apportion- secretary at Los Nietos Middle School and ment and Legislative Council, where her years f committed her life to the betterment of the of experience and knowledge brought a high PERSONAL EXPLANATION education system, serving as a member of the degree of leadership and success. Los Nietos School Board for 16 years, with Kathy’s leadership created long lasting, unending verve and dedication. positive change in the State of Indiana. During HON. TERRI A. SEWELL Ms. Duran was a dynamic, energetic woman her tenure, Kathy partnered with Governors OF ALABAMA who fought with passion for the children and Mitch Daniels, Mike Pence, and Eric Holcomb IN THE HOUSE OF REPRESENTATIVES seniors she served. Her activism and drive led to deliver balanced budgets, lower taxes, and Wednesday, April 25, 2018 her from den mother to Chair of the Santa Fe bring jobs to the state. In 2011, Kathy was in- Springs senior citizens advisory committee fluential in drawing new redistricting maps for Ms. SEWELL of Alabama. Mr. Speaker, dur- and membership in the Los Angeles County the Indiana House, Senate, and Congressional ing Roll Call votes held on April 25, 2018, I Commission for Older Adults. She went to Districts to reflect the changes in Census data. was inescapably detained handling important great heights, quite literally, to raise money for As a prominent member of the House Elec- matters related to my District and the State of HIV/AIDS research by jumping out of a plane tions Committee, Kathy was a crucial contrib- Alabama. If I had been present, I would have while in her sixties with her son John Duran. utor to several of Indiana’s election reform ini- voted YES on the Motion to Recommit H.R. There was no mountain too high for Gloria to tiatives. Her guidance and no-nonsense lead- 3144, NO on final passage of H.R. 3144, and climb if it meant making her community a bet- ership style throughout the process was instru- I would have voted YES on final passage of ter place. mental in its passage. Kathy was influential in H.R. 5447. Gloria Duran was a shining example of what the creation of the Hamilton County Youth As- f dedicated people can do for their community. sistance program in Westfield, which works While I know the pain of losing such a strong with youth who are at risk prior to entering the CONGRATULATIONS ON THE HARD leader will run deep, I hope her family and courts system. Due to her leadership, and the WORK AND ACHIEVEMENTS OF friends will be comforted by the outpouring of program’s success, it is now being replicated THE MIDDLE TENNESSEE STATE love and fond memories of Gloria’s lifetime of in other communities around the State of Indi- UNIVERSITY BLUE RAIDER DE- service. May her legacy live on and inspire ana. BATE TEAM others to serve. Kathy’s lifetime of service to her community f has been invaluable not only to her district but HON. SCOTT DESJARLAIS to the entire state of Indiana. Thanks to work TRIBUTE TO STATE REPRESENTA- OF TENNESSEE on the economy and job creation, Indiana con- TIVE KATHY RICHARDSON FOR tinues to be a great place to live and do busi- IN THE HOUSE OF REPRESENTATIVES HER SERVICE TO INDIANA ness. Kathy’s hard work and invaluable lead- Wednesday, April 25, 2018 ership helped make the Indiana General As- Mr. DESJARLAIS. Mr. Speaker, I rise today HON. SUSAN W. BROOKS sembly successful for so many years. On be- to recognize the achievements and hard work OF INDIANA half of all Hoosiers, I wish to extend a heartfelt of the Middle Tennessee State University de- IN THE HOUSE OF REPRESENTATIVES thank you to Representative Richardson for bate team. her lifetime of service. I wish the very best to Wednesday, April 25, 2018 The team has achieved great success, the Kathy, her husband Perry Williams as well as likes few have rivaled in the MTSU debate Mrs. BROOKS of Indiana. Mr. Speaker, I the rest of her family as she moves into the team’s long history. While recently in Spo- rise today to honor the retirement of Kathy next phase of her career in public service.

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K25AP8.007 E25APPT1 April 25, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E535 RECOGNIZING BAY COUNTY JAIL as Executive Director until her retirement in Americans who have served and will serve a ASSISTANT WARDEN FRANK 2012. Under her leadership, Fair Housing of debt of gratitude. OWENS ON HIS RETIREMENT Marin grew from two part-time staff operating f in a spare bedroom to a staff of 10 serving HON. NEAL P. DUNN communities in Marin, Sonoma and Solano JUSTICE FOR UNCOMPENSATED Counties. SURVIVORS TODAY (JUST) ACT OF FLORIDA OF 2017 IN THE HOUSE OF REPRESENTATIVES Ms. Kenyon’s quest for fair housing has also been expressed in several published articles SPEECH OF Wednesday, April 25, 2018 she authored, and her powerful advocacy has Mr. DUNN. Mr. Speaker, I rise today to rec- been recognized with numerous awards, most HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. ognize the Assistant Warden of the Bay Coun- notably the 2005 National Pioneer of Fair OF GEORGIA ty Jail, Frank Owens and congratulate him on Housing Award, and the Human Rights Award IN THE HOUSE OF REPRESENTATIVES the occasion of his retirement. Assistant War- from the United Nations Association in North- Tuesday, April 24, 2018 den Owens began his career in law enforce- west Bergen County, New Jersey. ment in 1968, but his love and respect for law Mr. Speaker, Ms. Kenyon is a respected Mr. JOHNSON of Georgia. Mr. Speaker, I enforcement began many years before that. leader and dedicated champion for equity. rise in support of S. 447, the Justice for Un- Over the years he has worked in Tallahassee Please join me in expressing my deep appre- compensated Survivor Today (JUST) Act of and Georgia, before choosing to settle down ciation and praise for her national leadership 2017. in Bay County in 2006. as Fair Housing of Northern California honors This legislation directs the Department of Mr. Owens dedicated his life to law enforce- her as part of a celebration of the 50th anni- State to report annually on progress certain ment—50 years to be exact—it’s what makes versary of the Fair Housing Act. European states have made to restore land him happy. Every day he wakes up, he is ex- f and possessions stolen during the Holocaust, cited to go to work. For Frank Owens, serving with the intent of encouraging justice world- in law enforcement was never just a job, it COMMENDING LOCAL 2018 HIGH wide for Holocaust victims. was a calling. SCHOOL GRADUATES FOR THEIR Eight years ago, forty-six countries vowed in Mr. Speaker, please join me in saying thank DECISION TO ENLIST IN THE the Terezin Declaration on Holocaust Era As- you to the Assistant Warden of the Bay Coun- UNITED STATES NAVY AND OUR sets and Related Issues to facilitate the return ty Jail, Frank Owens and his family, for their COMMUNITY SALUTES OF FRED- of property and possessions stolen from Holo- years of service and sacrifice, and wish them ERICKSBURG, VIRGINIA FOR caust Victims. Regrettably, not every country luck as they move on to enjoy a new chapter HOSTING THE SEVENTH ANNUAL has expediently honored their promises to in life. HIGH SCHOOL ENLISTEE REC- support the restoration of stolen items and ad- OGNITION CEREMONY f dress the claims of survivors. This bipartisan legislation will use the United States’ consider- HONORING THE SERVICE OF HON. ROBERT J. WITTMAN able international influence to encourage all NANCY KENYON OF VIRGINIA participating states to create and implement IN THE HOUSE OF REPRESENTATIVES policies that will quickly restore the possessions that were taken from the Jewish citizens HON. JARED HUFFMAN Wednesday, April 25, 2018 OF CALIFORNIA of Europe. IN THE HOUSE OF REPRESENTATIVES Mr. WITTMAN. Mr. Speaker, I rise today to The victims of the Holocaust experienced recognize the 47 Frederick, Virginia area high immeasurable and unimaginable suffering, and Wednesday, April 25, 2018 school seniors who plan to enlist in the United I am committed to providing all possible as- Mr. HUFFMAN. Mr. Speaker, I rise today in States Navy after graduation. These students sistance in restoring what was stolen from recognition of Nancy Kenyon for her stellar have excelled in their academic and extra- them. S. 447 is an excellent tool to ensure the leadership and exemplary public service as curricular activities, and I offer my sincere con- process of returning items and property is the founder and former executive director of gratulations upon their high school graduation. more efficient and it encourages all members Fair Housing of Marin, which is now Fair I commend these student leaders for their of the Terezin Declaration to act with the ur- Housing of Northern California. selflessness and courageous decision to serve gency they agreed to eight years ago. In 1963, Ms. Kenyon joined the Fair Hous- their country as members of the United States f ing Council of Northern New Jersey, where Navy. she served for 12 years and rose to the rank Hakeem Allen; Alejandro Ambrizrodriguez; CELEBRATING THE OPENING OF of Housing Director. During this period, she Robert Ammen; Gregory Andrews; Patrick M.S. CHADHA CENTER FOR GLOB- led a number of initiatives, including the cre- Ayala; Arlice Baker; Johannes Booysen; Kole AL INDIA ation of a funding stream by U.S. Department Cacho; Joshua Campbell; Bobbie Dube; of Housing and Urban Development to support Nakita Dubrovin; Schaylene Liam Durso; Alex- HON. RAJA KRISHNAMOORTHI efforts by fair housing organizations to end ander Eshoo; Daeshawn Gallaway; Lauren OF ILLINOIS discriminatory housing practices, now known Gruber; Stephen Guyton; Marcus Jomah; IN THE HOUSE OF REPRESENTATIVES as the Fair Housing Initiative Program. She Allen Jones; Catherine Keller; Jacob Layton; also supervised housing projects for the Ford Riley Lemison; John Lipscomb; Devin Majean; Wednesday, April 25, 2018 Foundation and served as a training consult- Austin Martin; Christopher Martin; James Mr. KRISHNAMOORTHI. Mr. Speaker, I rise ant for the States of New York and New Jer- McCulloch; Tyler McElroy; Cole Minicucci; today to celebrate the opening of the M.S. sey. Ronnie Norton; Maria Pavon Bonilla; Emma Chadha Center for Global India at Princeton In 1979, she moved to California to assume Pierce; Hunter Rankin; Zachary Resch; Mor- University. A welcome and timely addition to a the position of Researcher of the Special Con- gan Rizzo; Candace Romagna; Preston Short; world-class university, the M.S. Chadha Cen- tribution Fund of the San Francisco Chapter of Christopher Smith; Kyle Staymates; Dante ter will bring together scholars and students The National Association for the Advancement Stephens; Zoltan Szombathy; Brianna Thomp- from all backgrounds to explore and under- of Colored People (NAACP). Her research in son; Noah Thompson; Brandon Tolbert; stand the complex social and political forces this role helped the NAACP to successfully Dominic Traver; Nicholas Willging; Ethan Wil- that shape modern India. argue that the San Francisco Unified School liams; Zoe Williams. With a population of 1.3 billion people, a vi- District violated federal law in its maintenance These students will be honored by the brant and dynamic economy, a rich culture, and creation of a racial segregated school Greater Fredericksburg Chapter of Our Com- and home to the world’s largest democracy, it system, and she helped establish a citywide munity Salutes at their 7th Annual Military En- is no surprise that India exerts a powerful in- lottery affording every child regardless of race, listee Recognition Ceremony on Saturday, fluence on world affairs. However, there is a color, national origin, or class the right to at- May 5, 2018 at the University of Mary Wash- dearth of scholarship dedicated to exploring tend the most prestigious schools in the dis- ington in Fredericksburg, VA. the intricate history and traditions that inform trict. Mr. Speaker, I ask colleagues to join me in contemporary Indian culture. Princeton Univer- In 1984, Ms. Kenyon returned to her roots thanking these young men and women and sity, with its long tradition of rigorous aca- in enforcing fair housing laws and founded their families for their dedication to serving this demic research and scholarship, is the perfect Fair Housing of Marin, where she would serve great Nation. We owe them and the many setting for a center dedicated to illuminating

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.010 E25APPT1 E536 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2018 the amazing transformation of the Indian sub- Today’s discoveries provide great hope for the Oakland Coliseum, and quickly put to- continent from an agricultural-based economy the future of cancer prevention and treatment. gether a championship dynasty. Led by Hall of to a leader in global innovation, information While it is uncertain what cancer care will look Famers Reggie Jackson, Catfish Hunter, and technology, design, and manufacturing. like 100 years from now, it is certain that Rollie Fingers, the ‘‘A’s’’ became World Series The M.S. Chadha Center for Global India Roswell Park Comprehensive Cancer Center champions during three consecutive years: was made possible in large part by a gift from will be leading the way. 1972, 1973, and 1974. the Princeton Class of 1993, spearheaded by Mr. Speaker, I thank you for allowing me During the 1980’s, beginning with manager Princeton alumnus Sumir Chadha. The center this time to recognize the great influence that Billy Martin’s ‘‘Billyball’’ system, the A’s found is named after Mr. Chadha’s grandfather, a re- Roswell Park Comprehensive Cancer Center new success and developed stars such as nowned physician and former Director General has had not only in the great city of Buffalo, hometown heroes Ricky Henderson and Dave of Health Services in India. I would also like to but throughout the nation. It is an honor to cel- Stewart, and Dennis Eckersley. In 1989, the take this opportunity to salute the other spon- ebrate this anniversary today. A’s won the ‘‘Battle of the Bay’’ World Series sors of this project for recognizing its impor- f in a four-game sweep against the San Fran- tance, and for supporting it. cisco Giants. Game 3 of that series was inter- CELEBRATING THE BIRTHDAYS OF I will be traveling to Princeton University this rupted by the Loma Prieta earthquake—which GEORGE A. VALLONE AND MARY weekend to attend the grand opening of the claimed the lives of 39 people in Oakland and ‘‘DIXIE’’ VALLONE M.S. Chadha Center for Global India, and con- caused the series to be delayed for 10 days gratulate the generous men and women while both cities recovered. whose efforts contributed to the launch of this HON. JOSH GOTTHEIMER Breaking tradition, the A’s decided against a new and exciting endeavor at Princeton. I look OF NEW JERSEY victory parade out of respect for those im- forward to attending the ceremony, and salute IN THE HOUSE OF REPRESENTATIVES pacted by the earthquake. the university’s faculty, administration and board of trustees for their dedication to culti- Wednesday, April 25, 2018 Following an ownership change in the vating a deeper understanding of the Indian Mr. GOTTHEIMER. Mr. Speaker, I rise 1990’s and the team’s decision to hire the leg- contribution to our world, and to our national today to celebrate two very special birthdays endary Billy Beane as General Manager, mosaic of cultures and ideas. in North Jersey, George A. Vallone and Mary Beane instituted a system now known as ‘‘Moneyball’’ to find undervalued talent in order f ‘‘Dixie’’ Vallone. George A. Vallone, who was born on June to field competitive teams. Beane’s approach CELEBRATING THE 120TH ANNI- 18, 1920, is a World War II Army veteran who was revolutionary, and led to the A’s outper- VERSARY OF ROSWELL PARK served in an anti-tank division in North Africa. forming expectations against better funded op- COMPREHENSIVE CANCER CEN- Later, George served in Rome as a Technical ponents. TER Sergeant working for the Allied Theater Com- During this period, the team won multiple mander. After returning home from the war, American League West division titles, and set HON. BRIAN HIGGINS George continued to serve his community as the then-American League record for the most OF NEW YORK the Co-Chair of the New Jersey Citizens for consecutive victories in 2002 when the A’s IN THE HOUSE OF REPRESENTATIVES Property Tax Reform and as the President of completed ‘‘the Streak’’ by winning 20 games the Sussex County Senior Citizens Presi- Wednesday, April 25, 2018 in a row. This era was led by the ‘‘Big Three’’ dential Council. George’s work to better the pitchers: Tim Hudson, Mark Mulder, and Barry Mr. HIGGINS of New York. Mr. Speaker, I country he loves so dearly is a testament to Zito, and hitters Miguel Tejada and Eric Cha- rise today to recognize the celebration of the his patriotism. I ask my colleagues to join me vez. Roswell Park Comprehensive Cancer Center’s in recognizing George’s selfless sacrifices. The Oakland Athletics have an impressive 120th Anniversary. A time capsule will be bur- Additionally, Mary ‘‘Dixie’’ Vallone, who was history of outstanding players, including Hall of ied on April 25, 2018 to commemorate this born on March 8, 1929, has been an active Fame inductees, such as: Rickey Henderson, momentous occasion at Roswell Park’s cam- member in the Sussex County community for the greatest leadoff hitter in baseball history; pus in Buffalo, New York. The capsule will re- decades. Mary is an award-winning crafter, Jim ‘‘Catfish’’ Hunter, an eight time all-star and main sealed until the year 2118. winning several Blue-Ribbon awards at our five time World Series champion; Rollie Fin- Included in this time capsule along with con- local Sussex County Fairs. Mary has been a gers, a seventime all-star and one of the first tributions from many others from the Western devoted wife and mother for nearly seventy modern ‘‘closers’’, Dennis Eckersley, one of New York community will be a copy of this ex- years. Residents like Mary are what makes the most dominant relievers in history, and tension of remarks presented alongside a North Jersey such a special place to live. Reggie Jackson a six-time all-star selectee, speech I delivered on the Floor of the House George and Mary, happy birthday. I wish World Series Most Valuable Player (MVP), of Representatives last week calling for the you both good health and happiness for years and three-time World Series champion. continuation of Roswell Park’s distinguished to come. In addition to the team’s on-field success, standing as a National Cancer Institute des- f ignated comprehensive cancer center. the Athletics have made an impact on the Doctor Roswell Park gave the world cancer HONORING THE 50TH ANNIVER- community they represent. Throughout the research when he opened as the first dedi- SARY OF THE OAKLAND ATH- years, the Oakland A’s Community fund has cated cancer center in 1898, and this es- LETICS made it their mission to serve the East Bay teemed facility has been contributing to our community by promoting educational pro- understanding of cancer and pioneering treat- HON. BARBARA LEE grams, health awareness, and crime and drug prevention. The team has also provided sorely ments ever since. OF CALIFORNIA needed athletic fields to Oakland’s kids, and For 120 years Roswell Park has been rec- IN THE HOUSE OF REPRESENTATIVES ognized nationally for its groundbreaking work held the annual Community Fund Golf Classic in the fight against cancer. That same con- Wednesday, April 25, 2018 for the past 35 years, the annual Root Beer fidence is felt by people here in Western New Ms. LEE. Mr. Speaker, I rise today to cele- Float Day, and the annual Breast Awareness York who walk through those doors every day brate the 50th anniversary of the establish- Day to raise funds for the American Cancer knowing that Roswell Park is the home of ment of the Oakland Athletics baseball team. Society and the Cancer Prevention Institute of compassionate cancer experts who care for While the team’s history extends back all California. those afflicted with cancer. the way to 1901, when it was founded in I commend the A’s for being a valuable part Roswell Park gave the world the first pre- Philadelphia as one of the charter baseball of our Oakland community these past fifty clinical chemotherapy program, the prostate- clubs of the new ‘‘American League’’, this year years. I extend my congratulations on this im- specific antigen test, and it is collaborating marks 50 years since the team recognized the portant milestone to all managers, players, today with Cuba on a promising new lung can- potential of Oakland and the East Bay, and staff, and fans who have contributed to the cer vaccine. New clinical trials to treat meta- moved west in 1968. team’s rich legacy, and I wish the Oakland static breast cancer and immunotherapy are That year on April 17th, the team played its Athletics continued success on and off the occurring there today. first game in front of more than 50,000 fans at field in the years to come.

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.014 E25APPT1 April 25, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E537 REMEMBERING DEBRA KING acumen, have bettered the lives of many in an essential role in clearing unexploded ord- the greater Raleigh area and have left behind nance in Syria—a service that all sides on the HON. DAVID E. PRICE a strong organization—including many who conflict depend upon. H.R. 4681 will put crit- OF NORTH CAROLINA have learned and drawn inspiration from her— ical pressure on Assad’s forces and his allies IN THE HOUSE OF REPRESENTATIVES that will continue to serve. We join with by limiting this service to regions controlled by Debra’s family, her many friends and admir- U.S. allies and forces fighting for freedom from Wednesday, April 25, 2018 ers, and members of the communities she Assad’s tyranny. Concrete and powerful steps Mr. PRICE of North Carolina. Mr. Speaker, served, in mourning her passing and honoring must be taken to move towards a resolution I rise today to honor the life and work of her life of compassionate leadership and pub- and H.R. 4681 is a good step in restoring Debra King, the chief executive of Community lic service. order in the region. Alternatives for Supportive Abodes—known f Providing aid worldwide is a critical element simply as ‘‘CASA’’—a nonprofit that has devel- ofthe United States position as an international oped housing for thousands in the Triangle HONORING THE LIFE OF PAUL voice for Democracy and peace. However, we counties in North Carolina. Debra died on April HOWARD RICH cannot assist a regime that attacks its own 14. My staff joins me in this Tribute, for we people with chemical weapons, and we cannot have long admired and supported her work to HON. LINDA T. SA´ NCHEZ support Assad by cleaning up his mess. H.R. ensure decent housing for some of the most OF CALIFORNIA 4681 will force Assad to face the con- vulnerable people in our community. IN THE HOUSE OF REPRESENTATIVES sequences of his actions and I support this Born and raised on a small farm in Wednesday, April 25, 2018 legislation. Beulaville, North Carolina in 1959, Debra was f the first in her family to earn a college degree, Ms. SA´ NCHEZ. Mr. Speaker, it is with great majoring in journalism at The University of sadness that I rise today to honor the life of PERSONAL EXPLANATION North Carolina at Chapel Hill. Following grad- Paul Howard Rich, an outstanding leader and uation, she settled in Raleigh, where she beloved member of the community. I am hon- HON. BARBARA COMSTOCK began work as a medical transcriptionist. She ored to represent in Congress. Mr. Rich, born OF VIRGINIA soon transitioned into what would become a on April 14, 1941 in Worcester, Massachusetts IN THE HOUSE OF REPRESENTATIVES later moved to Southern California where he lifelong passion for non-profit work, beginning Wednesday, April 25, 2018 as a grant writer for Orange-Person-Chatham worked his way up in the labor movement as Mental Health. One of the first grants she an active member of the International Brother- Mrs. COMSTOCK. Mr. Speaker, I was ab- landed was for a housing project to support in- hood of Electrical Workers Local 441. If it sent to attend a memorial service. Had I been dividuals with mental illnesses, a project that were not for Paul, I would not be where I am present, I would have voted YEA on Roll Call set her on course as a champion for afford- today. He was a true mentor, not only to me, No. 148 and YEA on Roll Call No. 149. able housing. but to countless young people who joined the f Soon after, the Wake County Area Mental labor movement in Southern California. During HONORING MARGARET K. LEWIS Health Program launched CASA, seeking to his 55 years as an IBEW member, Paul was ON HER 100TH BIRTHDAY secure housing for people with disabilities and an inspirational leader who left a lasting im- mental health challenges. In 1995, CASA pact on multiple generations of electrical work- asked Debra to serve as its Director and CEO, ers to come up through the ranks. Everything HON. NEAL P. DUNN overseeing 15 apartments with one other staff Mr. Rich championed served the greater good. OF FLORIDA member. Beyond his dedication to social justice at IN THE HOUSE OF REPRESENTATIVES CASA’s housing model was unique and far- work, Paul was an active member of his Wednesday, April 25, 2018 sighted for its time. Rather than housing peo- church community and the consummate family Mr. DUNN. Mr. Speaker, I rise today to ple with illnesses in group homes or transi- man. His faith was an inspiration. I know that honor Margaret K. Lewis of Panama City, Flor- tional housing, the organization provided per- Paul will forever remain close to the hearts of ida who turned 100 years old on April 20th. manent, safe, and affordable units with access so many, including Mary, his wife of 57 years, Ms. Lewis has led a life of service to North to public transportation and supportive serv- his 5 children, 16 grandchildren, and 5 great Florida and represents the best of America. ices as needed. Through 22 years of remark- grandchildren. Countless other family mem- She pioneered special education in Bay Coun- able social entrepreneurship, Debra helped bers, friends, and colleagues will carry on ty, Florida and cared for a group of students the non-profit grow to a staff of 27, managing Paul’s legacy fservice to the community. who had seemingly been left behind. nearly 500 units in Wake, Durham, and Or- Although no words can take away the pain Fifty years ago, students with special needs ange counties. from Paul Rich’s loss, may his loved ones find had nowhere to turn when it came to school- Debra’s years at CASA coincided with most comfort in knowing that his legacy will never ing. Ms. Lewis took on the role as teacher and of my years working on affordable housing on be forgotten. advocate for these students. She started the House Appropriations Committee. She f teaching classes in shared spaces, and then was masterful at pursuing available funding NO ASSISTANCE FOR ASSAD ACT transformed a local school into an inclusive -picking up on the national mandate, for exam- environment for students with all levels of abil- ple, to end veterans’ homelessness-and put- SPEECH OF ity. In 1980, that local school was named after ting together the partnerships to put units on her. the ground. In the process she taught me and HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Ms. Lewis has been a pillar of the commu- the other elected officials and staff with whom OF GEORGIA nity and remains an active member of the she worked how to make public programs IN THE HOUSE OF REPRESENTATIVES school’s advisory board. most effective. It was a joy to cut ribbons on Wednesday, April 24, 2018 Mr. Speaker, please join me in wishing Ms. completed projects with her, but the spirit of Margaret K. Lewis a Happy 100th Birthday those occasions was always, ‘‘We’ve got to do Mr. JOHNSON of Georgia. Mr. Speaker, I and thanking her for her service to students more.’’ rise in support of H.R. 4681 the No Assistance and families throughout North Florida. When she was named ‘‘Tar Heel of the for Assad Act. f Week’’ by the Raleigh News & Observer in This legislation limits U.S. assistance for re- 2015, Debra declared: ‘‘The greatest gift we gions of Syria controlled by Bashar al-Assad PERSONAL EXPLANATION can give people is the chance to be who they and Russian forces. H.R. 4681 states that we are . . . Housing is so critical to who we are. will not provide early recovery, reconstruction, HON. EVAN H. JENKINS If you lack that, how can you be okay?’’ She stabilization or aid in parts of Syria controlled OF WEST VIRGINIA was a stalwart believer and advocate for the by Bashar Assad or associated forces. IN THE HOUSE OF REPRESENTATIVES ‘‘Housing First’’ philosophy, insisting that indi- The conflict in Syria is intensely complicated viduals in crisis will see better outcomes if and the Syrian people are suffering. However, Wednesday, April 25, 2018 their basic needs, particularly decent housing, we cannot keep providing support for a regime Mr. JENKINS of West Virginia. Mr. Speaker, are met from the onset. that is poisoning its own people and ravaging had I been present, I would have voted: Yea Debra’s compassion and dedication to her the region with irreparable wounds. The U.S. on Roll Call No. 148, and Yea on Roll Call No. cause, combined with hard work and business has provided over $7 billion in aid and plays 149.

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.018 E25APPT1 E538 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2018 COMMENDING LOCAL 2018 HIGH HONORING THE 150TH ANNIVER- RECOGNIZING MOLLY SCHOOL GRADUATES FOR THEIR SARY OF THE UNIVERSITY OF MCLAUGHLIN SALMI DECISION TO ENLIST IN THE CALIFORNIA, BERKELEY UNITED STATES MARINE CORPS HON. VIRGINIA FOXX AND OUR COMMUNITY SALUTES HON. BARBARA LEE OF NORTH CAROLINA OF FREDERICKSBURG, VIRGINIA IN THE HOUSE OF REPRESENTATIVES FOR HOSTING THE SEVENTH AN- OF CALIFORNIA Wednesday, April 25, 2018 NUAL HIGH SCHOOL ENLISTEE IN THE HOUSE OF REPRESENTATIVES RECOGNITION CEREMONY Ms. FOXX. Mr. Speaker, I rise today to rec- Wednesday, April 25, 2018 ognize—and say farewell—to a member of the Ms. LEE. Mr. Speaker, I rise today to honor House Committee on Education and the Work- HON. ROBERT J. WITTMAN the 150th Anniversary of the University of Cali- force staff who is retiring after more than 29 OF VIRGINIA fornia, Berkeley. Considered one of the top years of public service to the People’s House. Molly McLaughlin Salmi began her congres- IN THE HOUSE OF REPRESENTATIVES public universities in the world, Cal provides a quality higher education to more than 40,000 sional career on the Committee as a Staff As- Wednesday, April 25, 2018 students each year. In addition to providing a sistant in the 100th Congress. With hard work and unparalleled policy expertise, she rose Mr. WITTMAN. Mr. Speaker, I rise today to world-renowned education for students, UC Berkeley supports cutting-edge research pro- through the ranks, serving as the Deputy Di- recognize the 90 Frederick, Virginia area high rector of Workforce Policy for the last 16 school seniors who plan to enlist in the United grams facilitated by distinguished academic faculty. years. States Marine Corps after graduation. These Eight Committee Chairs—Republicans and students have excelled in their academic and The University of California, Berkeley was Democrats—have had the benefit of Molly’s extracurricular activities, and I offer my sincere the first campus of the UC system and con- guidance, direction, and honest feedback. Her congratulations upon their high school gradua- tinues to set the standard for public univer- tireless dedication to sound policy and exten- tion. sities nationwide. Established in 1868, the Uni- sive knowledge has resulted in a better work- I commend these student leaders for their versity of California, Berkeley formed as a place for every working American. selflessness and courageous decision to serve merger between the private College of Cali- Molly has relentlessly worked to modernize their country as members of the United States fornia and the state-run Agricultural, Mining, wage and hour laws—clarifying requirements Marine Corps. and Mechanical Arts College. In 1873, UC that would otherwise have a detrimental effect Berkeley chose blue and gold as their school James Adkins; Duane Albertsen; Nicholas on working Americans, preserving volunteer colors—blue for California’s sky and ocean opportunities, enhancing employment opportu- Aleman; Godfrey Ampong; Daniel Amurrio; and gold to honor the ‘‘Golden State.’’ In Nathaniel Anthony; Miguel Apolinario; Ryan nities for America’s youth, and, in particular, 1895, Cal chose the golden bear as their mas- increasing workplace flexibility. Barnes; Paul Belmonte; Benjamin Broyles; cot after a 12-student track team represented Jakob Burggraf; Edward Carrasco; Jacob Molly has navigated us through countless the school with banners depicting California’s hearings, markups, floor debates, field hear- Chance; Michael Chandler; Zachary state emblem. Claypoole; Howard Cokkhoelscher; Rashaiya ings, member briefings, roundtable discus- Coleman; Mark Colongonzalez; Gavin Cornell; To date, UC Berkeley alumni, researchers sions, and stakeholder meetings, and through Jonathan Crowder; Joshua Cruz; Laura Cruz; and faculty have earned 94 Nobel Prizes, 45 it all, she has been a trusted adviser, dedi- David Dejesus; Connor Delery; Nathaniel MacArthur Fellowships, and 14 Pulitzer Prizes. cated public servant, distinguished colleague, Diogo; Kelly Doyle; James Edwards; Diego UC Berkeley’s notable alumni include Nobel and an invaluable member of our Committeee Esparza; Brandon Friend; Sean Gaddy; An- Laureate and former Secretary of Energy Ste- family. drew Gagnon; James George; Joshua Gilber; ven Chu, Governor Jerry Brown, co-founder of While Molly’s policy achievements over the Issiaah Green; Alexander Grissom; Rafael Apple Steve Wozniak and yours truly. I am years are immeasurable, she is equally re- Guia; Dennis Guillen; Carrington Haggerty; particularly proud that the university has sent garded for her mentorship and grace. Count- Kohl Hammer; James Hartzell; Brandon more alumni to the Peace Corps than any less young staffers have been blessed to re- Herzog; Rodney Hill; William Hofferek; Joshua other university in the nation. ceive Molly’s advice and guidance, much to Jackson; Dalton Jewell; Sebastian John; An- In 1964, during the Free Speech Movement, their great appreciation and benefit. drew Johnson; Trevor Johnson; Tyler John- UC Berkeley developed a strong reputation for Molly Salmi, on behalf of my colleagues, we son; Shaqwaun Johnson; Jonell Kaiwood; student activism. Student leaders opposed the are deeply grateful for your many years of Peter Kelley; Dustin Keys; Benjamin King; Vietnam War, fought for civil rights, and de- service to the American people and the U.S. Maverick Maroney; Giavante Mathieu; Cam- fended their right to participate in political ac- House of Representatives, and we wish you eron Mazhari; Keivon McIntosh; William tivity on campus. Facing great odds, the stu- all the best in the years ahead. McLeod; Carson Merkel; Renee Nicholson; dents’ actions promoted change and estab- f lished a legacy of political activism that con- Jackson Nordberg; Roman Orellana; Evelyn AMERICAN SPACE COMMERCE tinues to this day. Ovandoflores; Dominic Pantovich; Daniel FREE ENTERPRISE ACT Pfender; Ryan Pickham; Joseph Poe; Jaime I commend UC Berkeley for its integral role Quezadarios; Jonathan Ramirezcruz; Cain in developing generations of academic, busi- SPEECH OF Reese; Dionte Reeves; Abbigail Reidysolorio; ness, cultural, and political leaders. Cal has Allanys Rodriguezmediavilla; Justin Rouse; been at the forefront of some of the most im- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Thomas Rutigliano; Raymundo Salinas; Austin portant scientific discoveries and defining so- OF GEORGIA Sheets; Andrew Sigl; Christian Smith; Eric cial movements of the modern era. IN THE HOUSE OF REPRESENTATIVES Standage; Hunter Stoner; Devin Sweeney; Jo- As a proud alumna of UC Berkeley, I am Tuesday, April 24, 2018 seph Thompson; Katrin Thompson; Adam honored to represent my alma mater in Con- Mr. JOHNSON of Georgia. Mr. Speaker, I Vanderhoof; Devon Vernon; Joshua Weiler; gress, and work on the many issues that are rise in support of H.R. 2809, American Space Benny Weng; Caden White. critical to the students and faculty. Commerce Free Enterprise Act. This legisla- These students will be honored by the On behalf of the residents of California’s tion grants the Office of Space Commerce Greater Fredericksburg Chapter of Our Com- 13th Congressional District, I extend my con- (OSC) in the Department of Commerce the munity Salutes at their 7th Annual Military En- gratulations on this important milestone to the power to allow U.S. nationals and NGOs to listee Recognition Ceremony on Saturday, Regents of the University of California, the operate objects manufactured or assembled in May 5, 2018 at the University of Mary Wash- Chancellor and staff, the distinguished faculty outer space, with or without human occupants, ington in Fredericksburg, VA. past and present, and most importantly the and all items used on these objects. To obtain Mr. Speaker, I ask colleagues to join me in students who embrace Cal’s rich history, and an operation certification in outer space, all thanking these young men and women and continue to push the campus forward with activities must include a clean-up plan for any their families for their dedication to serving this their passion and talent. I look forward to a debris that may result from their activities. This great Nation. We owe them and the many bright future for UC Berkeley and continued legislation will also establish an advisory com- Americans who have served and will serve a success in the years to come. mittee within the OSC that will evaluate space debt of gratitude. Go Bears. activities and provide guidance on the U.S.

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.024 E25APPT1 April 25, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E539 private industry in outer space. Additionally, PRATT AND WHITNEY COLUMBUS IN RECOGNITION OF this bill abolishes the Commercial Remote NAMED GEORGIA LARGE MANU- EASTHAMPTON HIGH SCHOOL’S Sensing Regulatory Affairs Office of the Na- FACTURER OF THE YEAR ‘WE THE PEOPLE’ TEAM tional Oceanic and Atmospheric Administration and establishes the Advisory Committee on Commercial Remote Sensing to advise U.S. HON. A. DREW FERGUSON IV HON. RICHARD E. NEAL OF GEORGIA commercial space-based remote sensing in- OF MASSACHUSETTS dustries. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES I believe that protecting our environment Wednesday, April 25, 2018 and natural habitats is critical, and outer space Wednesday, April 25, 2018 is no exception. As we venture further into the Mr. FERGUSON. Mr. Speaker, I rise today cosmos, making sure that the U.S. creates to congratulate Pratt & Whitney in Columbus, Mr. NEAL. Mr. Speaker, I would like to take legislation to limit our space debris should be Georgia for being named the Large Manufac- this opportunity to recognize the students and a priority for Congress. We are already facing turer of the Year by Georgia Governor Nathan advisors of Easthampton High School’s ‘We the consequences of pollution on our planet Deal, the Georgia Department of Economic The People’ team for their hard work, dedica- and we must do better in this new frontier than Development, and the Technical College Sys- tion, and outstanding achievement. These indi- we have done on earth. This legislation will tem of Georgia. With a longstanding presence viduals prevailed over a number of highly provide the proper support and oversight that in Muscogee County, Pratt & Whitney employs skilled competitors to earn first-place honors in the space industrialization will need to ensure nearly 2,000 workers engaged in overhauling the 2018 Massachusetts ‘We The People’ aca- we are exploring the universe responsibly. We aircraft engines and forging jet engine parts demic contest at the Edward M. Kennedy In- must build a solid framework for future space and is currently investing more than $450 mil- stitute for the U.S. Senate in Boston. They activities in order to create a proper path for lion to grow its facility and create 500 new have accordingly earned the distinction of rep- exploration. jobs in Columbus. resenting the Commonwealth in the national Additionally, the company has partnered ‘We The People’ competition this week in f with Columbus Technical College and Georgia Washington, DC. Quick Start to provide world-class advanced The annual ’We The People’ competition is COMMENDING LOCAL 2018 HIGH training to meet the growing needs of the an extraordinary opportunity that brings young SCHOOL GRADUATES FOR THEIR Geared Turbofan and F–135 production lines. minds together to discuss and learn about DECISION TO ENLIST IN THE As a corporate citizen, Pratt & Whitney has issues of vital importance to today’s world and UNITED STATES AIR FORCE AND actively engaged in supporting the community our nation. Not only did the students of OUR COMMUNITY SALUTES OF by donating over $500,000 annually to support Easthampton High School’s team display ex- FREDERICKSBURG, VIRGINIA STEM labs for local schools and build scholar- emplary commitment, ability, and character in FOR HOSTING THE SEVENTH AN- ship and internship programs. I commend preparing for and winning the statewide com- NUAL HIGH SCHOOL ENLISTEE Pratt & Whitney for this distinguished honor petition in January, but since then they have RECOGNITION CEREMONY and ask my colleagues to join me in recog- worked even harder as they eagerly anticipate nizing their success. competing in the national competition. They have been preparing to testify at mock con- HON. ROBERT J. WITTMAN f gressional hearings and demonstrate their OF VIRGINIA knowledge of the U.S. Constitution, issue GENOCIDE PREVENTION AND statements on a variety of topics related to our IN THE HOUSE OF REPRESENTATIVES AWARENESS MONTH country’s political and historical heritage, and Wednesday, April 25, 2018 field complex questions from a number of ex- HON. LINDA T. SA´ NCHEZ pert judges. I am confident that they will find Mr. WITTMAN. Mr. Speaker, I rise today to their experience valuable for years to come— recognize the 19 Frederick, Virginia area high OF CALIFORNIA whether that be as a result of the fundamental school seniors who plan to enlist in the United IN THE HOUSE OF REPRESENTATIVES knowledge that they have learned or the vital States Air Force after graduation. These stu- skills that they have built. Wednesday, April 25, 2018 dents have excelled in their academic and ex- The students have been led by their teacher ´ tracurricular activities, and I offer my sincere Ms. SANCHEZ. Mr. Speaker, I rise today Kelley Brown who has provided crucial guid- congratulations upon their high school gradua- during Genocide Prevention and Awareness ance and instrumental mentorship. The out- tion. Month to honor and remember the countless standing work performed by her class is a tes- I commend these student leaders for their lives lost in unforgiveable genocides and trag- tament to the value of quality teachers in the selflessness and courageous decision to serve edies across the world. Massachusetts public school system. The vic- their country as members of the United States Just yesterday we commemorated the 103rd torious students include Charlotte Banigan- Air Force. anniversary of the Armenian Genocide, and White, Tierney Boyle, Ryan-James Bragg, earlier this month we recognized Holocaust David Brakey, Vincent Catalano, Aidan Jacob Aguilar; Jared Bouches; Victoria Remembrance Day. While these are somber Chappuis, Carly Detmers, Victoria Drejsa, Brown; Reynaldo Campos; Kelly Freeman; occasions marking some of the darkest times Chantel Duda, Shane Gravel, Kristin Hartley, Aaron Frimpong; Elyssa Galindo; Steven Gil- in our world’s history, we must commemorate Quinn LaFountain, Ambera Mutevelic, Shane bert; Samantha Guerrero; Sydni Jenkins; Trent them because we cannot allow the world to O’Donnell, Devon Owens-Heywood, Lucas Nicholas; Caitlin Odonnell; Edwin Ordonez; forget what happened. Patton, David Hunter Pelkey, Carlie Raucher, Bryan Perez Palacios; Dallas Pratt; Asiah Nicolas Soucy, Fernando Tenesaca, and Richardson; Skyler Steward; James Taylor; Millions have died and suffered at the hand Dillan Wilson. Additional advisors of the team Jadon Unger. of cruelty and injustice. I am deeply saddened that today there are still those who refuse to include Timothy Wood, Stephen Linsky, Nancy These students will be honored by the acknowledge the Armenian Genocide and the Sykes, and Anuraj Shah. Greater Fredericksburg Chapter of Our Com- atrocities that occurred in 1915. Their denial is Mr. Speaker, in closing, I would like to once munity Salutes at their 7th Annual Military En- disrespectful to the 1.5 million Armenian— again acknowledge Easthampton High listee Recognition Ceremony on Saturday, men, women and children—who died and the School’s ‘We The People’ academic team for May 5, 2018 at the University of Mary Wash- millions more who risked their lives to escape their superb dedication and accomplishments. ington in Fredericksburg, VA. the violence. Strong civic education is the foundation of our Mr. Speaker, I ask colleagues to join me in We can’t undo what happened. But we must democracy and these inspiring students have thanking these young men and women and learn from history and make sure this never exemplified the finest qualities of informed citi- their families for their dedication to serving this happens again. This month we honor those zenship. I am proud of this group and I wish great Nation. We owe them and the many who had their lives stolen at the hands of evil them all the best in their upcoming national Americans who have served and will serve a and hate. We can do better, and we must do competition as well as all their other future en- debt of gratitude. better. deavors.

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.027 E25APPT1 E540 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2018 SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED MAY 9 APRIL 27 Title IV of Senate Resolution 4, 10 a.m. agreed to by the Senate of February 4, Committee on Energy and Natural Re- 9:15 a.m. 1977, calls for establishment of a sys- sources Commission on Security and Cooperation Subcommittee on Public Lands, Forests, tem for a computerized schedule of all in Europe meetings and hearings of Senate com- and Mining To hold hearings to examine the Bitkov To hold hearings to examine the law en- mittees, subcommittees, joint commit- case and the United Nations Inter- tees, and committees of conference. forcement programs at the Bureau of national Commission Against Impunity Land Management and the Forest This title requires all such committees in Guatemala. Service, coordination with other Fed- to notify the Office of the Senate Daily RHOB–2172 eral, state, and local law enforcement, Digest—designated by the Rules Com- MAY 8 and the effects on rural communities. mittee—of the time, place and purpose SD–366 of the meetings, when scheduled and 10 a.m. 2:30 p.m. any cancellations or changes in the Committee on Energy and Natural Re- Committee on Indian Affairs sources meetings as they occur. To hold hearings to examine the nomina- As an additional procedure along To hold an oversight hearing to examine tion of Tara Sweeney, of Alaska, to be with the computerization of this infor- the current status of Puerto Rico’s an Assistant Secretary of the Interior. mation, the Office of the Senate Daily electric grid and proposals for the fu- SD–628 ture operation of the grid. Digest will prepare this information for SD–366 CANCELLATIONS printing in the Extensions of Remarks section of the CONGRESSIONAL RECORD APRIL 27 on Monday and Wednesday of each week. 10 a.m. Committee on the Judiciary Meetings scheduled for Thursday, To hold hearings to examine pending April 26, 2018 may be found in the Daily nominations. Digest of today’s RECORD. SD–226

VerDate Sep 11 2014 05:21 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M25AP8.000 E25APPT1 Wednesday, April 25, 2018 Daily Digest Senate National Day of Awareness for Missing and Chamber Action Murdered Native Women and Girls: Committee on Routine Proceedings, pages S2399–S2445 the Judiciary was discharged from further consider- Measures Introduced: Sixteen bills and three reso- ation of S. Res. 401, designating May 5, 2018 as the lutions were introduced, as follows: S. 2744–2759, ‘‘National Day of Awareness for Missing and Mur- and S. Res. 483–485. Pages S2439–40 dered Native Women and Girls’’, and the resolution was then agreed to. Page S2443 Measures Reported: S. 1335, to establish the Ste. Genevieve National National Senior Corps Week: Senate agreed to S. Historic Site in the State of Missouri. (S. Rept. No. Res. 483, recognizing the contributions of senior 115–233) volunteers and designating the week of April 29 S. 1446, to reauthorize the Historically Black Col- through May 5, 2018, as ‘‘National Senior Corps leges and Universities Historic Preservation program. Week’’. Page S2443 (S. Rept. No. 115–234) Parkinson’s Awareness Month: Senate agreed to H.R. 648, to authorize the Secretary of the Inte- S. Res. 484, supporting the designation of April rior to amend the Definite Plan Report for the 2018 as ‘‘Parkinson’s Awareness Month’’. Page S2443 Seedskadee Project to enable the use of the active ca- Honoring the Life of Barbara Bush: Senate pacity of the Fontenelle Reservoir. (S. Rept. No. agreed to S. Res. 485, honoring the life of First Lady 115–235) Barbara Bush. Page S2443 H.R. 1135, to reauthorize the Historically Black Colleges and Universities Historic Preservation pro- Pompeo Nomination—Agreement: Senate contin- gram. (S. Rept. No. 115–236) ued consideration of the nomination of Mike H.R. 2888, to establish the Ste. Genevieve Na- Pompeo, of Kansas, to be Secretary of State. tional Historic Site in the State of Missouri. (S. Pages S2400–29 Rept. No. 115–237) A unanimous-consent-time agreement was reached S. 382, to require the Secretary of Health and providing that notwithstanding the provisions of Human Services to develop a voluntary registry to Rule XXII, at 12 noon, on Thursday, April 26, collect data on cancer incidence among firefighters, 2018, there be four minutes of debate equally di- with an amendment in the nature of a substitute. vided, and following the use or yielding back of that S. 2597, to amend the Public Health Service Act time, Senate vote on the motion to invoke cloture on to reauthorize the program of payments to children’s the Pompeo nomination, and that if cloture is in- hospitals that operate graduate medical education voked on the Pompeo nomination, all time be con- programs. Page S2439 sidered expired and Senate vote on confirmation of Measures Passed: the Pompeo nomination, without intervening action or debate; and that following disposition of the Tibetan Rights Day: Senate agreed to S. Res. Pompeo nomination, Senate resume consideration of 429, commemorating the 59th anniversary of Tibet’s the nomination of Richard Grenell, of California, to 1959 uprising as ‘‘Tibetan Rights Day’’, and express- be Ambassador to the Federal Republic of Germany, ing support for the human rights and religious free- with the time until 1:45 p.m., equally divided in dom of the Tibetan people and the Tibetan Buddhist the usual form, and that at 1:45 p.m., Senate vote faith community. Page S2442 on the motion to invoke cloture on the Grenell Providing for the Display of the POW/MIA nomination, and that if cloture is invoked on the Flag: Senate passed S. 2758, to amend title 36, Grenell nomination, all time be considered expired United States Code, to provide for the display of the and Senate vote on confirmation of the Grenell nom- National League of Families POW/MIA flag at the ination, without intervening action or debate. World War I Memorials. Pages S2442–43 Pages S2425–26 D446

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 April 25, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D447 A unanimous-consent agreement was reached pro- BUSINESS MEETING viding for further consideration of the Pompeo nom- Committee on Commerce, Science, and Transportation: ination at approximately 9:30 a.m., on Thursday, Committee ordered favorably reported the following April 26, 2018, with the time until 12 noon, equal- business items: ly divided between the two Leaders or their des- S. 2717, to reauthorize provisions relating to the ignees. Page S2443 Maritime Administration, with an amendment in Messages from the House: Page S2435 the nature of a substitute; Measures Referred: Page S2435 S. 2369, to authorize aboriginal subsistence whaling pursuant to the regulations of the International Petitions and Memorials: Pages S2435–39 Whaling Commission; Executive Reports of Committees: Page S2439 S. 2511, to require the Under Secretary of Com- Additional Cosponsors: Pages S2440–41 merce for Oceans and Atmosphere to carry out a Statements on Introduced Bills/Resolutions: program on coordinating the assessment and acquisi- tion by the National Oceanic and Atmospheric Ad- Pages S2441–42 ministration of unmanned maritime systems, to Additional Statements: Pages S2433–35 make available to the public data collected by the Authorities for Committees to Meet: Page S2442 Administration using such systems, with an amend- Adjournment: Senate convened at 12 noon and ad- ment in the nature of a substitute; journed at 7:31 p.m., until 9:30 a.m. on Thursday, S. 2343, to require the Federal Communications April 26, 2018. (For Senate’s program, see the re- Commission to establish a task force for meeting the marks of the Acting Majority Leader in today’s connectivity and technology needs of precision agri- Record on page S2443.) culture in the United States, with an amendment in the nature of a substitute; and The nominations of Vice Admiral Karl L. Schultz, Committee Meetings to be Admiral and to be Commandant, and Vice Ad- miral Charles W. Ray, to be Vice Commandant, (Committees not listed did not meet) both of the Coast Guard, Department of Homeland APPROPRIATIONS: NRC Security, Patrick Fuchs, of Wisconsin, and Michelle A. Schultz, of Pennsylvania, both to be a Member of Committee on Appropriations: Subcommittee on Energy the Surface Transportation Board, Department of and Water Development concluded a hearing to ex- Transportation, Rebecca Kelly Slaughter, of Mary- amine proposed budget estimates and justification land, to be a Federal Trade Commissioner, Rubydee for fiscal year 2019 for the Nuclear Regulatory Com- Calvert, of Wyoming, and Laura Gore Ross, of New mission, after receiving testimony from Kristine York, both to be a Member of the Board of Direc- Svinicki, Chairman, and Jeff Baran, and Stephen G. tors of the Corporation for Public Broadcasting, and Burns, both a Commissioner, all of the Nuclear Reg- Alan E. Cobb, of Kansas, to be a Member of the ulatory Commission. Board of Directors of the Metropolitan Washington APPROPRIATIONS: DOJ Airports Authority. Committee on Appropriations: Subcommittee on Com- merce, Justice, Science, and Related Agencies con- MARINE MAMMAL PROTECTION ACT cluded a hearing to examine proposed budget esti- Committee on Commerce, Science, and Transportation: Sub- mates and justification for fiscal year 2019 for the committee on Oceans, Atmosphere, Fisheries, and Department of Justice, after receiving testimony Coast Guard concluded a hearing to examine enhanc- from Jeff Sessions, Attorney General, Department of ing the Marine Mammal Protection Act, after receiv- Justice. ing testimony from Chris Oliver, Assistant Adminis- trator for Fisheries, National Marine Fisheries Serv- APPROPRIATIONS: GAO AND CBO ice, National Oceanic and Atmospheric Administra- Committee on Appropriations: Subcommittee on Legisla- tion, Department of Commerce; Michael Miller, In- tive Branch concluded a hearing to examine pro- digenous Peoples Council on Marine Mammals, An- posed budget estimates and justification for fiscal chorage, Alaska; Guy R. Norman, Northwest Power year 2019 for the Government Accountability Office and Conservation Council, Portland, Oregon; Rae and Congressional Budget Office, after receiving tes- Stone, Dolphin Quest, Middleburg, Virginia, on be- timony from Gene Dodaro, Comptroller General, half of the Alliance of Marine Mammal Parks and Government Accountability Office; and Keith Hall, Aquariums; and Jane P. Davenport, Defenders of Director, Congressional Budget Office. Wildlife, Washington, D.C.

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 D448 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2018

NOMINATION was introduced by Senators Casey and Toomey, and Committee on Homeland Security and Governmental Af- Michael J. Truncale, to be United States District fairs: Committee concluded a hearing to examine the Judge for the Eastern District of Texas, after the nomination of Christopher Krebs, of Virginia, to be nominees testified and answered questions in their Under Secretary for National Protection and Pro- own behalf. grams, Department of Homeland Security, after the nominee testified and answered questions in his own BUSINESS MEETING behalf. Committee on Rules and Administration: Committee or- INDIAN AFFAIRS LEGISLATION dered favorably reported S. Res. 355, improving procedures for the consideration of nominations in the Committee on Indian Affairs: Committee concluded a Senate, with amendments. hearing to examine H.R. 597, to take lands in Sonoma County, California, into trust as part of the CYBERSECURITY reservation of the Lytton Rancheria of California, and H.R. 1491, to reaffirm the action of the Secretary of Committee on Small Business and Entrepreneurship: Com- the Interior to take land into trust for the benefit mittee concluded a hearing to examine preparing of the Santa Ynez Band of Chumash Mission Indians, small businesses for cybersecurity success, including after receiving testimony from Darryl LaCounte, Act- S. 2735, to amend the Small Business Act to provide ing Deputy Bureau Director, Trust Services, Depart- for the establishment of an enhanced cybersecurity ment of the Interior; Vice-mayor Mike Healy, assistance and protections for small businesses, S. Petaluma, California; Kenneth Kahn, Santa Ynez 2020, to establish a voluntary program to identify Band of Chumash Indians, Santa Ynez, California; and promote Internet-connected products that meet Margie Mejia, Lytton Rancheria, Santa Rosa, Cali- industry-leading cybersecurity and data security fornia; and Bill Krauch, Santa Ynez Valley Coalition, standards, guidelines, best practices, methodologies, Los Olivos, California. procedures, and processes, S. 1428, to amend section 21 of the Small Business Act to require cyber certifi- NOMINATIONS cation for small business development center coun- Committee on the Judiciary: Committee concluded a selors, and S. 770, to require the Director of the Na- hearing to examine the nominations of Andrew S. tional Institute of Standards and Technology to dis- Oldham, of Texas, to be United States Circuit Judge seminate resources to help reduce small business cy- for the Fifth Circuit, Alan D. Albright, to be United bersecurity risks, after receiving testimony from States District Judge for the Western District of Daniel Castro, Information Technology and Innova- Texas, Thomas S. Kleeh, to be United States District tion Foundation, and Russell Schrader, National Judge for the Northern District of West Virginia, Cyber Security Alliance, both of Washington, D.C.; who was introduced by Senators Manchin and Cap- Ben Toews, Bullet Tools, Hayden, Idaho; and Gina ito, Peter J. Phipps, to be United States District Abate, Edwards Performance Solutions, Elkridge, Judge for the Western District of Pennsylvania, who Maryland. h House of Representatives H.R. 4270, to amend the Federal Reserve Act to Chamber Action ensure transparency in the conduct of monetary pol- Public Bills and Resolutions Introduced: 14 pub- icy, and for other purposes (H. Rept. 115–652); lic bills, H.R. 5609–5622; 1 private bill, H.R. H.R. 3170, to amend the Small Business Act to 5623; and 6 resolutions, H. Con. Res. 118 and H. require cyber certification for small business develop- Res. 844–848; were introduced. Pages H3574–75 ment center counselors, and for other purposes (H. Additional Cosponsors: Pages H3575–76 Rept. 115–653); and Reports Filed: Reports were filed today as follows: H.R. 4668, to amend the Small Business Act to provide for the establishment of an enhanced cyber- H.R. 5447, to modernize copyright law, and for security assistance and protections for small busi- other purposes (H. Rept. 115–651); nesses, and for other purposes, with an amendment (H. Rept. 115–654). Page H3574

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 April 25, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D449 Guest Chaplain: The prayer was offered by the of today and appear on pages H3519–20, H3520, Guest Chaplain, Rabbi Shlomo Segal, Kehilat H3559–60, H3560, and H3560–61. There were no Moshe, Brooklyn, NY. Page H3509 quorum calls. Recess: The House recessed at 9:07 a.m. for the Adjournment: The House met at 9 a.m. and ad- purpose of receiving His Excellency Emmanuel Ma- journed at 6:45 p.m. cron, President of the French Republic. The House reconvened at 12:30 p.m., and agreed that the pro- Committee Meetings ceedings had during the Joint Meeting be printed in the Record. Pages H3509, H3513 APPROPRIATIONS—GOVERNMENT Committee Election: The House agreed to H. Res. ACCOUNTABILITY OFFICE 844, electing a Member to a certain standing com- Committee on Appropriations: Subcommittee on Legisla- mittee of the House of Representatives. Page H3513 tive Branch held a budget hearing on the Govern- ment Accountability Office. Testimony was heard Smithsonian National Zoological Park Central from Gene Dodaro, Comptroller General, Govern- Parking Facility Authorization Act: The House ment Accountability Office. agreed to discharge from committee and pass H.R. 4009, to authorize the Board of Regents of the APPROPRIATIONS—DEPARTMENT OF Smithsonian Institution to plan, design, and con- DEFENSE struct a central parking facility on National Zoolog- Committee on Appropriations: Subcommittee on Defense ical Park property in the District of Columbia. held a budget hearing on the Department of De- Pages H3520–21 fense. Testimony was heard from the following De- Providing for operations of the Federal Colum- partment of Defense officials: James N. Mattis, Sec- bia River Power System pursuant to a certain retary; General Joseph Dunford, Jr., Chairman, Joint operation plan for a specified period of time: Chiefs of Staff; and David Norquist, Under Secretary The House passed H.R. 3144, to provide for oper- of Defense (Comptroller), and Chief Financial Offi- ations of the Federal Columbia River Power System cer. This hearing was closed. pursuant to a certain operation plan for a specified period of time, by a yea-and-nay vote of 225 yeas to MEMBER DAY 189 nays, Roll No. 153. Page H3560 Committee on Appropriations: Subcommittee on Agri- Rejected the Jayapal motion to recommit the bill culture, Rural Development, Food and Drug Admin- to the Committee on Natural Resources with in- istration, and Related Agencies held a budget hear- structions to report the same back to the House ing entitled ‘‘Member Day’’. forthwith with an amendment, by a yea-and-nay vote FY 2019 PIPELINE TO THE WORKFORCE of 190 yeas to 226 nays, Roll No. 152. Pages H3559–60 Committee on Appropriations: Subcommittee on Labor, Pursuant to the Rule, the amendment printed in Health and Human Services, Education, and Related part B of H. Rept. 115–650 shall be considered as Agencies held a budget hearing entitled ‘‘FY 2019 adopted. Page H3542 Pipeline to the Workforce’’. Testimony was heard H. Res. 839, the rule providing for consideration from public witnesses. of the bills (H.R. 4) and (H.R. 3144) was agreed to APPROPRIATIONS—LIBRARY OF by a recorded vote of 228 ayes to 184 noes, Roll No. CONGRESS 151, after the previous question was ordered by a Committee on Appropriations: Subcommittee on Legisla- yea-and-nay vote of 225 yeas to 190 nays, Roll No. tive Branch held a budget hearing on the Library of 150. Pages H3519–20 Congress. Testimony was heard from the following Suspension: The House agreed to suspend the rules Library of Congress officials: Carla D. Hayden, Li- and pass the following measure: brarian of Congress; Mark Sweeney, Acting Deputy Music Modernization Act: H.R. 5447, amended, Librarian; Karyn Temple, Acting Register of Copy- to modernize copyright law, by a 2⁄3 yea-and-nay right; and Mary Mazanec, Director, Congressional vote of 415 yeas with none voting ‘‘nay’’, Roll No. Research Service. 154. Pages H3560–61 APPROPRIATIONS—OFFICE OF HOUSING Senate Message: Message received from the Senate AND FEDERAL HOUSING today appears on page H3561. ADMINISTRATION Quorum Calls—Votes: Four yea-and-nay votes and Committee on Appropriations: Subcommittee on Trans- one recorded vote developed during the proceedings portation, Housing and Urban Development, and

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 D450 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2018

Related Agencies held a budget hearing on the Of- support specialist workforce; H.R. 3331, to amend fice of Housing and the Federal Housing Adminis- title XI of the Social Security Act to promote testing tration. Testimony was heard from Dana Wade, of incentive payments for behavioral health providers General Deputy Assistant Secretary for Housing, De- for adoption and use of certified electronic health partment of Housing and Urban Development. record technology; legislation on the CMS Action APPROPRIATIONS—U.S. HOUSE OF Plan; legislation on the Welcome to Medicare; legis- REPRESENTATIVES lation on the Adding Resources on Non-Opioid Al- ternatives to the Medicare Handbook; legislation on Committee on Appropriations: Subcommittee on Legisla- the Post-Surgical Injections as an Opioid Alternative; tive Branch held a budget hearing on the U.S. legislation on the Alternative Payment Model for House of Representatives. Testimony was heard from Treating Substance Use Disorder; legislation on the the following U.S. House of Representatives officials: Use of Telehealth to Treat Opioid Use Disorder; leg- Phil Kiko, Chief Administrative Officer; Karen L. islation on the Incentivizing Non-Opioid Drugs; Haas, Clerk; and Paul D. Irving, Sergeant at Arms. H.R. 3528, the ‘‘Every Prescription Conveyed Se- MEMBER DAY curely Act’’; H.R. 4841, the ‘‘Standardizing Elec- Committee on Appropriations: Subcommittee on Finan- tronic Prior Authorization for Safe Prescribing Act of cial Services and General Government held a budget 2018’’; legislation on the Mandatory Lock-In; legis- hearing entitled ‘‘Member Day’’. Testimony was lation on the Beneficiary Education; legislation on heard from Representatives Barr, Luetkemeyer, and the Evaluating Abuse Deterrent Formulations; legis- Tipton. lation on the Prescriber Notification; legislation on the Prescriber Education; legislation on the Medica- MISCELLANEOUS MEASURES tion Therapy Management (MTM) Expansion; legis- Committee on Energy and Commerce: Subcommittee on lation on the CMS/Plan Sharing; H.R. 1925, the Health began a markup on H.R. 4275, the ‘‘Em- ‘‘At-Risk Youth Medicaid Protection Act of 2017’’; powering Pharmacists in the Fight Against Opioid H.R. 3192, the ‘‘CHIP Mental Health Parity Act’’; Abuse Act’’; H.R. 5041, the ‘‘Safe Disposal of Un- H.R. 4005, the ‘‘Medicaid Reentry Act’’; H.R. used Medication Act’’; H.R. 5202, the ‘‘Ensuring 4998, the ‘‘Health Insurance for Former Foster Patient Access to Substance Use Disorder Treatments Youth Act’’; H.R. 5477, the ‘‘Rural Development of Act of 2018’’; H.R. 5483, the ‘‘Special Registration Opioid Capacity Services Act’’; H.R. 5562, to re- for Telemedicine Clarification Act of 2018’’; legisla- quire the Secretary of Health and Human Services to tion on the Improving Access to Remote Behavioral develop a strategy implementing certain rec- Health Treatment Act of 2018; H.R. 449, the ‘‘Syn- ommendations relating to the Protecting Our Infants thetic Drug Awareness Act of 2017’’; H.R. 3545, Act of 2015, and for other purposes; legislation on the ‘‘Overdose Prevention and Patient Safety Act’’; the Limited repeal of the IMD Exclusion for adult H.R. 3692, the ‘‘Addiction Treatment Access Im- Medicaid beneficiaries with substance use disorder; provement Act of 2017’’; H.R. 4284, the ‘‘Indexing legislation on the Medicaid Pharmaceutical Home Narcotics, Fentanyl, and Opioids Act of 2017’’; H.R. Act; legislation on the Medicaid DRUG Improve- 4684, the ‘‘Ensuring Access to Quality Sober Living ment Act; legislation on the Medicaid PARTNER- Act of 2017’’; H.R. 5002, the ‘‘ACE Research Act’’; SHIP Act; legislation on the Incentives to Create H.R. 5009, the ‘‘Jessie’s Law’’; H.R. 5102, the Medicaid Health Homes to Treat Substance Use Dis- ‘‘Substance Use Disorder Workforce Loan Repayment order; legislation on the Medicaid IMD ADDI- Act of 2018’’; H.R. 5176, the ‘‘Preventing TIONAL INFO Act; legislation on the Medicaid Overdoses While in Emergency Rooms Act of Graduate Medical Education Transparency Act; leg- 2018’’; H.R. 5197, the ‘‘Alternatives to Opioids islation on the HUMAN CAPITAL in Medicaid Act; (ALTO) in the Emergency Department Act’’; H.R. legislation on the Require Medicaid Programs to Re- 5261, the ‘‘TEACH to Combat Addiction Act of port on All Core Behavioral Health Measures; legis- 2018’’; H.R. 5272, the ‘‘Reinforcing Evidence-Based lation to amend title XIX of the Social Security Act Standards Under Law in Treating Substance Abuse to provide for Medicaid coverage protections for Act of 2018’’; H.R. 5327, the ‘‘Comprehensive pregnant and postpartum women while receiving in- Opioid Recovery Centers Act 2018’’; H.R. 5329, the patient treatment for a substance use disorder; H.R. ‘‘Poison Center Network Enhancement Act of 5228, the ‘‘Stop Counterfeit Drugs by Regulating 2018’’; H.R. 5353, the ‘‘Eliminating Opioid-Related and Enhancing Enforcement Now Act’’; H.R. 5554, Infectious Diseases Act of 2018’’; legislation to en- to amend the Federal Food, Drug, and Cosmetic Act hance and improve state-run prescription drug moni- to reauthorize user fee programs relating to new ani- toring programs; legislation to improve fentanyl test- mal drugs and generic new animal drugs; legislation ing and surveillance; legislation to support the peer on the FDA and International Mail; legislation on

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 April 25, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D451 the 21st Century Tools for Pain and Addiction tions of Environmental Lawfare’’. Testimony was Treatments; legislation on the FDA Opioid Sparing; heard from public witnesses. legislation on the FDA Packaging and Disposal; legislation on the FDA Long-term Efficacy; and legisla- AMERICAN INFRASTRUCTURE AND THE tion on the FDA Misuse/Abuse. SMALL BUSINESS PERSPECTIVE HUD’S ROLE IN RENTAL ASSISTANCE: AN Committee on Small Business: Full Committee held a OVERSIGHT AND REVIEW OF LEGISLATIVE hearing entitled ‘‘American Infrastructure and the PROPOSALS ON RENT REFORM Small Business Perspective’’. Testimony was heard Committee on Financial Services: Subcommittee on from public witnesses. Housing and Insurance held a hearing entitled ‘‘HUD’s Role in Rental Assistance: An Oversight REVIEW OF VA’S LIFE INSURANCE and Review of Legislative Proposals on Rent Re- PROGRAMS form’’. Testimony was heard from William O. Rus- Committee on Veterans’ Affairs: Subcommittee on Dis- sell III, President and Chief Executive Officer, Sara- ability Assistance and Memorial Affairs held a hear- sota, Florida Housing Authority; Richard C. Gentry, ing entitled ‘‘Review of VA’s Life Insurance Pro- President and Chief Executive Officer, San Diego, grams’’. Testimony was heard from Robert Reynolds, California Housing Commission; and public wit- Deputy Under Secretary for Disability Assistance, nesses. Veterans Benefits Administration, Department of BORDER SECURITY, COMMERCE AND Veterans Affairs; and public witnesses. TRAVEL: COMMISSIONER MCALEENAN’S VISION FOR THE FUTURE OF CBP JOBS AND OPPORTUNITY: EMPLOYER PERSPECTIVES ON THE JOBS GAP Committee on Homeland Security: Subcommittee on Border and Maritime Security held a hearing entitled Committee on Ways and Means: Subcommittee on ‘‘Border Security, Commerce and Travel: Commis- Human Resources held a hearing entitled ‘‘Jobs and sioner McAleenan’s Vision for the Future of CBP’’. Opportunity: Employer Perspectives on the Jobs Testimony was heard from Kevin K. McAleenan, Gap’’. Testimony was heard from public witnesses. Commissioner, U.S. Customs and Border Protection, Department of Homeland Security. THE OPIOID CRISIS: STOPPING THE FLOW OF SYNTHETIC OPIOIDS IN THE MISCELLANEOUS MEASURES INTERNATIONAL MAIL SYSTEM Committee on House Administration: Full Committee Committee on Ways and Means: Subcommittee on held a markup on Committee Resolution 115–10; Trade held a hearing entitled ‘‘The Opioid Crisis: Committee Resolution 115–11; Committee Resolu- Stopping the Flow of Synthetic Opioids in the Inter- tion 115–13; Committee Resolution 115–14; Com- national Mail System’’. Testimony was heard from mittee Resolution 115–15; Committee Resolution Todd Owen, Executive Assistant Commissioner, Of- 115–16; Committee Resolution 115–17; and Com- mittee Resolution 115–18. Committee Resolutions fice of Field Operations, U.S. Customs and Border 115–10, 115–11, 115–13, 115–14, 115–15, Protection; and Robert Cintron, Vice President, Net- 115–16, 115–17, and 115–18 were ordered re- work Operations, U.S. Postal Service. ported, without amendment. MISCELLANEOUS MEASURE Joint Meetings Committee on the Judiciary: Full Committee held a markup on H.R. 1689, the ‘‘Private Property Rights THE INNOVATION ECONOMY Protection Act of 2017’’. H.R. 1689 was ordered re- Joint Economic Committee: Committee concluded a ported, without amendment. hearing to examine how the innovation economy leads to growth, after receiving testimony from Har- THE WEAPONIZATION OF THE NATIONAL old Furchtgott-Roth, Hudson Institute Center for ENVIRONMENTAL POLICY ACT AND THE the Economics of the Internet, Michael R. Strain, IMPLICATIONS OF ENVIRONMENTAL American Enterprise Institute, Mark P. Mills, Man- LAWFARE hattan Institute, and Darrell M. West, Brookings In- Committee on Natural Resources: Full Committee held stitution, all of Washington, D.C. a hearing entitled ‘‘The Weaponization of the Na- tional Environmental Policy Act and the Implica-

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 D452 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2018 COMMITTEE MEETINGS FOR THURSDAY, ‘‘FY 2019 Public Witness Hearing’’, 10 a.m., 2358–C APRIL 26, 2018 Rayburn. Subcommittee on State, Foreign Operations, and Re- (Committee meetings are open unless otherwise indicated) lated Programs, budget hearing on the U.S. Agency for International Development, 10 a.m., 2362–A Rayburn. Senate Subcommittee on Commerce, Justice, Science, and Re- Committee on Appropriations: Subcommittee on Depart- lated Agencies, budget hearing on the Department of ment of Defense, to hold hearings to examine proposed Justice, 10:30 a.m., 2359 Rayburn. budget estimates and justification for fiscal year 2019 for Subcommittee on Legislative Branch, markup on the the Defense Health Program, 10 a.m., SD–192. FY 2019 Legislative Branch Appropriations Bill, 1:30 Subcommittee on Military Construction and Veterans p.m., HT–2 Capitol. Affairs, and Related Agencies, to hold hearings to exam- Subcommittee on Interior, Environment, and Related ine proposed Department of Defense budget estimates Agencies, budget hearing on the Environmental Protec- and justification for fiscal year 2019 for military construction Agency, 2 p.m., 2007 Rayburn. tion and family housing, 10:30 a.m., SD–138. Subcommittee on Financial Services and General Gov- Committee on Armed Services: to hold hearings to examine ernment, budget hearing on the Federal Communications the Department of Defense budget posture in review of Commission, 2 p.m., 2358–A Rayburn. the Defense Authorization Request for fiscal year 2019 Subcommittee on Homeland Security, budget hearing and the Future Years Defense Program, 9:30 a.m., entitled ‘‘Member Day’’, 3:30 p.m., 2359 Rayburn. SH–216. Committee on Armed Services, Subcommittee on Readi- Committee on Homeland Security and Governmental Affairs: ness, markup on H.R. 5515, the ‘‘National Defense Au- Permanent Subcommittee on Investigations, to hold an thorization Act for Fiscal Year 2019’’, 9 a.m., 2212 Ray- oversight hearing to examine Department of Health and burn. Human Services and Department of Homeland Security Subcommittee on Emerging Threats and Capabilities, efforts to protect unaccompanied alien children from markup on H.R. 5515, the ‘‘National Defense Authoriza- human trafficking and abuse, 10 a.m., SD–342. tion Act for Fiscal Year 2019’’, 10 a.m., 2118 Rayburn. Committee on the Judiciary: business meeting to consider Subcommittee on Military Personnel, markup on H.R. S. 2644, to ensure independent investigations and judicial 5515, the ‘‘National Defense Authorization Act for Fiscal review of the removal of a special counsel, S. 2559, to Year 2019’’, 11 a.m., 2212 Rayburn. amend title 17, United States Code, to implement the Marrakesh Treaty, and the nominations of Mark Jeremy Subcommittee on Tactical Air and Land Forces, mark- Bennett, of Hawaii, to be United States Circuit Judge for up on H.R. 5515, the ‘‘National Defense Authorization the Ninth Circuit, Nancy E. Brasel, and Eric C. Tostrud, Act for Fiscal Year 2019’’, 12:30 p.m., 2118 Rayburn. both to be a United States District Judge for the District Subcommittee on Seapower and Projection Forces, of Minnesota, Robert R. Summerhays, to be United markup on H.R. 5515, the ‘‘National Defense Authoriza- States District Judge for the Western District of Lou- tion Act for Fiscal Year 2019’’, 1:30 p.m., 2212 Ray- isiana, and Gregory Allyn Forest, to be United States burn. Marshal for the Western District of North Carolina, and Subcommittee on Strategic Forces, markup on H.R. Bradley A. Maxwell, to be United States Marshal for the 5515, the ‘‘National Defense Authorization Act for Fiscal Southern District of Illinois, both of the Department of Year 2019’’, 3 p.m., 2118 Rayburn. Justice, 10 a.m., SD–226. Committee on Education and the Workforce, Subcommittee Select Committee on Intelligence: to receive a closed brief- on Health, Employment, Labor, and Pensions, hearing ening regarding certain intelligence matters, 2 p.m., titled ‘‘Worker-Management Relations: Examining the SH–219. Need to Modernize Federal Labor Law’’, 9:30 a.m., 2175 Rayburn. House Committee on Energy and Commerce, Subcommittee on En- Committee on Appropriations, Subcommittee on Military vironment, hearing entitled ‘‘The Fiscal Year 2019 Envi- Construction, Veterans Affairs and Related Agencies, ronmental Protection Agency Budget’’, 10 a.m., 2123 markup on the FY 2019 MILCON/VA Appropriations Rayburn. Bill, 9 a.m., HT–2 Capitol. Subcommittee on Digital Commerce and Consumer Subcommittee on Transportation, Housing and Urban Protection, hearing entitled ‘‘Perspectives on Reform of Development, and Related Agencies, budget hearing on the CFIUS Review Process’’, 10:15 a.m., 2322 Rayburn. the Federal Highway Administration, the Federal Transit Committee on Financial Services, Subcommittee on Capital Administration, and the U.S. Maritime Administration, Markets, Securities, and Investment, hearing entitled 9:30 a.m., 2358–A Rayburn. ‘‘Oversight of the SEC’s Division of Corporation Fi- Subcommittee on Financial Services and General Gov- nance’’, 10 a.m., 2128 Rayburn. ernment, budget hearing on the Securities and Exchange Committee on Foreign Affairs, Full Committee, markup Commission, 9:30 a.m., 2362–B Rayburn. on H.R. 5592, the ‘‘Department of State Authorization Subcommittee on Labor, Health and Human Services, Act of 2018’’, 10 a.m., 2172 Rayburn. Education, and Related Agencies, budget hearing entitled

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 April 25, 2018 CONGRESSIONAL RECORD — DAILY DIGEST D453

Subcommittee on Europe, Eurasia, and Emerging Committee on Oversight and Government Reform, Full Com- Threats, hearing entitled ‘‘Mass Migration in Europe: As- mittee, hearing entitled ‘‘Waste and Inefficiency in the similation, Integration, and Security’’, 1 p.m., 2200 Ray- Federal Government: GAO’s 2018 Duplication Report’’, burn. 10 a.m., 2154 Rayburn. Subcommittee on Terrorism, Nonproliferation, and Committee on Science, Space, and Technology, Subcommittee Trade; and Subcommittee on the Middle East and North on Environment; and Subcommittee on Space, joint hear- Africa, joint hearing entitled ‘‘Grading Counterterrorism ing entitled ‘‘Surveying the Space Weather Landscape’’, Cooperation with the GCC States’’, 2 p.m., 2172 Ray- 10 a.m., 2318 Rayburn. burn. Committee on Small Business, Subcommittee on Con- Committee on Homeland Security, Full Committee, hearing tracting and Workforce, hearing entitled ‘‘No Man’s entitled ‘‘Strengthening the Safety and Security of Our Land: Middle-Market Challenges for Small Business Nation: The President’s FY2019 Budget Request for the Department of Homeland Security’’, 10 a.m., HVC–210. Graduates’’, 10 a.m., 2360 Rayburn. Committee on the Judiciary, Full Committee, hearing en- Committee on Ways and Means, Subcommittee on Health, titled ‘‘Filtering Practices of Social Media Platforms’’, 10 hearing entitled ‘‘Identifying Innovative Practices and a.m., 2141 Rayburn. Technology in Health Care’’, 10 a.m., 1100 Longworth. Committee on Natural Resources, Subcommittee on Energy Permanent Select Committee on Intelligence, Subcommittee and Mineral Resources, hearing entitled ‘‘Examining the on the Central Intelligence Agency, hearing entitled ‘‘Fis- Critical Importance of Offshore Energy Revenue Sharing cal Year 2019 Budget Hearing’’, 9 a.m., HVC–304. This for Gulf Producing States’’, 10 a.m., 1324 Longworth. hearing will be closed. Subcommittee on Indian, Insular and Alaska Native Affairs, hearing on H.R. 211, the ‘‘Chugach Region Joint Meetings Lands Study Act’’; and H.R. 5317, to repeal section 2141 Commission on Security and Cooperation in Europe: to re- of the Revised Statutes to remove the prohibition on cer- ceive a briefing on the protest movement in Armenia, 4 tain alcohol manufacturing on Indian lands, 2 p.m., 1324 p.m., SVC–200. Longworth.

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP8.REC D25APPT1 D454 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2018

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 26 10 a.m., Thursday, April 26

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 4—FAA ation of the nomination of Mike Pompeo, of Kansas, to Reauthorization Act of 2018. be Secretary of State, with a vote on the motion to invoke cloture on the nomination at 12 noon, and if cloture is invoked on the nomination, Senate will immediately vote on confirmation of the nomination. Following disposition of the Pompeo nomination, Sen- ate will resume consideration of the nomination of Rich- ard Grenell, of California, to be Ambassador to the Fed- eral Republic of Germany, with a vote on the motion to invoke cloture on the nomination at 1:45 p.m., and if cloture is invoked on the nomination, Senate will immediately vote on confirmation of the nomination.

Extensions of Remarks, as inserted in this issue

HOUSE Gowdy, Trey, S.C., E531 Neal, Richard E., Mass., E539 Gutie´rrez, Luis V., Ill., E531 Poe, Ted, Tex., E531, E532, E533 Brooks, Susan W., Ind., E534 Higgins, Brian, N.Y., E536 Posey, Bill, Fla., E532 Comstock, Barbara, Va., E537 Huffman, Jared, Calif., E535 Price, David E., N.C., E537 DesJarlais, Scott, Tenn., E534 Jenkins, Evan H., W.Va., E537 Raskin, Jamie, Md., E531 Dunn, Neal P., Fla., E535, E537 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E532, E535, E537, Sa´ nchez, Linda T., Calif., E534, E537, E539 Ferguson, A. Drew IV, Ga., E539 E538 Schiff, Adam B., Calif., E532 Foxx, Virginia, N.C., E538 Krishnamoorthi, Ill., E535 Sewell, Terri A., Ala., E534 Gianforte, Greg, Mont., E534 Lamborn, Doug, Colo., E533 Stefanik, Elise M., N.Y., E532 Gottheimer, Josh, N.J., E536 Lee, Barbara, Calif., E536, E538 Wittman, Robert J., Va., E532, E535, E538, E539

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.govinfo.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 05:06 Apr 26, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D25AP8.REC D25APPT1