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

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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, DECEMBER 19, 2018 No. 200 Senate The Senate met at 10 a.m. and was this morning I will introduce a con- States faces a border security and hu- called to order by the President pro tinuing resolution that will ensure con- manitarian crisis—a border security tempore (Mr. HATCH). tinuous funding to the Federal Govern- and humanitarian crisis. f ment. The measure will provide the re- These are some of the facts. In the sources necessary to continue normal past year alone, we saw a 30-percent in- PRAYER operations through February 8. crease in apprehensions by CBP, in- The Chaplain, Dr. Barry C. Black, of- Let’s review why this step was nec- cluding nearly 6,700 apprehensions of fered the following prayer: essary. individuals with criminal histories and Let us pray. Even in the face of a great need to se- a 50-percent increase in apprehensions Eternal Lord God, who rules the rag- cure the border and following good- of known gang members. We have seen ing of the seas, we praise You that we faith efforts by the President’s team, a 75-percent spike in methamphet- continue to be sustained by Your good- our Democratic colleagues rejected an amine seizures since fiscal 2015. So it is ness and mercies. We are grateful for extremely reasonable offer yesterday. quite obvious that shoring up our bor- each heartbeat we receive as a gift It would have cleared the remaining ders is an urgent need for our national from Your bounty. Help us to so live appropriation bills, which had received security—no question about it. that we will never forget our account- bipartisan support in committee, and Secure borders are what the Amer- ability to You. Lord, bless our Senators, enlighten provided an additional $1 billion to ican people expect and they deserve. and illuminate them that they may tackle a variety of urgent border secu- That is why it continues to be a major cultivate an experiential relationship rity priorities. focus of President Trump and his ad- with You, delighting to follow Your I am sorry that my Democratic col- ministration. Already the President’s precepts. Touch their lips, that they leagues couldn’t put their partisanship approach to border security is yielding may speak words that unite and bring aside and show the same good faith and undeniable results. In each of four CBP hope. Give them hearts that are willing flexibility that the President has sectors where physical borders have to serve. Strengthen them when tempt- shown in order to provide the resources been improved or expanded—El Paso, ed and guide them when they are per- our Nation needs to secure the integ- Yuma, Tucson, and San Diego—illegal plexed. rity of our borders as well as the safety traffic has dropped by at least 90 per- We pray in Your great Name. Amen. of American families, but this seems to cent. be the reality of our political moment. While you wouldn’t know it from lis- f It seems like political spite, for the tening to the far-left special interests, PLEDGE OF ALLEGIANCE President may be winning out over sen- this administration’s focus on border The President pro tempore led the sible policy—even sensible policies that security actually follows similar com- Pledge of Allegiance, as follows: are more modest than border security monsense efforts that used to be a bi- I pledge allegiance to the Flag of the allocations that many Democrats partisan consensus. United States of America, and to the Repub- themselves have supported in the very It used to be a bipartisan consensus. lic for which it stands, one nation under God, recent past. In 2006, for example, the Secure Fence indivisible, with liberty and justice for all. Faced with this intransigence—with Act, which is designed to strengthen f Democrats’ failure to take our borders physical security measures at the bor- RESERVATION OF LEADER TIME seriously—Republicans will continue to der, received the support of no fewer fulfill our duty to govern. That is why than 26 of our Democratic colleagues, The PRESIDING OFFICER (Mr. we will soon take up a simple measure including the current Democratic lead- TOOMEY). Under the previous order, the leadership time is reserved. that will continue government funding er, along with Senators FEINSTEIN, into February, so that we can continue CARPER, NELSON, STABENOW, WYDEN, f this vital debate after the new Con- and Obama. RECOGNITION OF THE MAJORITY gress has convened, because—make no In 2010, President Obama signed a bill LEADER mistake—there will be important un- to increase the CBP’s physical presence The PRESIDING OFFICER. The ma- finished business in front of us, and we down at the border. It passed the Sen- jority leader is recognized. owe it to the American people to fi- ate by unanimous consent, by the way. f nally tackle it. So let’s not pretend there is some Just last week, U.S. Customs and bright-line principle that separates the SENATE AGENDA Border Commissioner Kevin billions of dollars that our Democratic Mr. MCCONNELL. First, for the in- McAleenan told our colleagues on the colleagues were willing and eager to formation of all of our colleagues, later Judiciary Committee that the United spend on border security in the recent

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

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VerDate Sep 11 2014 03:15 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.000 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7824 CONGRESSIONAL RECORD — SENATE December 19, 2018 past and the resources now requested admit that I picked up the phone too. hand. No matter if some said it by the President and his team. There is I called PAUL and told him exactly couldn’t be done, no matter that he no big difference in principle. There what he didn’t want to hear—that he hadn’t sought the job in the first place, has just been a shift in the political was the right man at the right mo- the happy warrior has been undeterred. winds on the far left. This is knee-jerk, ment. Conveniently, I was about to get For all this says about PAUL RYAN partisan opposition to the administra- on a plane to Iraq at the time. So PAUL the Speaker, it says even more about tion’s reasonable and flexible requests. didn’t have much of an opportunity to PAUL RYAN the man. He has a big heart This is making political obstruction a push back. and a razor-sharp mind. It doesn’t take higher goal than the integrity of our Over the past 3 years, I have had long to notice either one, and he knows Nation’s borders. Frankly, it is just po- more opportunities than most to see how to lead with both. litical spite, and the American people the right man in action. We have met He is a man of profound faith and know it when they see it. weekly to coordinate the efforts of our abiding patriotism, and even after 20 So the Senate will continue our work majorities and present a united front years of Washington, he remains a on the remaining bills—the products of on behalf of the American people. At staunch optimist. PAUL is quick to in- much bipartisan hard work and col- times the cohesion between our teams sist that America’s brightest days are laboration, and, in the meantime, we made it feel like we shared one large yet to come and even quicker to back will turn to a clean continuing resolu- staff. So I have seen firsthand how up the sentiment with action. tion later today so we can make sure much of what we have been able to ac- Working with Speaker RYAN has been we don’t end this year the way we complish this Congress has been due in among the great joys of my career in began it—with another government huge part to PAUL’s serious approach the Senate. The Nation is so much bet- shutdown because of the Democrats’ al- and to his principles and his prag- ter for his leadership, and I am better lergy to sensible immigration policies. matism alike. for his friendship. I am so grateful to That is what they did at the beginning He helped lead the way on last year’s PAUL for everything. I wish him, of the year. comprehensive reform of our Tax Code, Janna, and their lovely family great We need the government to remain turning his decades-long personal mis- happiness in whatever adventures lie open for the American people. We need sion into a brighter future for millions ahead. to wrap up our work for this year, and of American workers and job creators. f I hope that my Democratic friends re- He navigated tense funding negotia- TRIBUTE TO JOHN CORNYN turn next year ready to join the Presi- tions with a deep understanding of his dent, this Senate majority, and the Members’ concerns and stood firm in Mr. MCCONNELL. Mr. President, now American people in our desire to secure support of America’s military, helping I am down to my very last end-of-year our border. to deliver the largest year-on-year in- tribute to a Member of this body. I f crease in defense funding in 15 years. offer this one with the very greatest re- He stayed true to his heart, putting luctance. TRIBUTE TO PAUL RYAN Catholic social teaching into practice This one isn’t occasioned by any re- Mr. MCCONNELL. Mr. President, on and fighting for policies of all shapes tirement. Fortunately, for all of us, a completely different matter, from and sizes to lift up the most vulnerable Senator JOHN CORNYN isn’t going anytime to time, each of us has indulged in among us, from the working poor to where. He will be right here with us jokes and finger-pointing that sustain the victims of human trafficking. when the 116th Congress convenes in the friendly rivalry between the House His tenure as Speaker has proved a January, but he will no longer be serv- and the Senate—the Founders’ meta- perfect capstone to a remarkable ca- ing as Republican whip. His tenure in phorical teacup and saucer. Make no reer in Congress. Every step of the this key leadership role is almost com- mistake. I am thankful every day that way, PAUL has shattered myths and plete. So I could not let the week pass so many former Representatives see stereotypes about what conservative without sharing for the official the light and come over to join us in leaders are like. Record—and with all of our col- the Upper Chamber, but for the past 3 Through his long list of accomplish- leagues—a small slice of the tremen- years, there is no one outside of the ments and his personal witness alike, dous gratitude and respect and admira- Senate with whom I have partnered he has demonstrated that faith in tion I feel for the senior Senator from more closely than the Speaker of the American free enterprise and indi- Texas. House, PAUL RYAN. vidual liberty are not quaint, outdated JOHN and I were already well ac- As history will remember, the speak- ideas but essential and timeless prin- quainted when he took over the whip ership was far from the destination ciples. role 6 years ago in relief of JON KYL, that the contented Ways and Means He has helped prove that right-of- but still, I wasn’t sure exactly what chairman had in mind when our friend center values are not only the basis for our relationship would look like. You John Boehner announced his retire- protest movements, as some cynics had never quite know in advance. Every- ment in 2015, but to the great fortune liked to suggest, they are also the body is different, but just a few weeks of the entire Republican Party, PAUL foundation for governing majorities. into our partnership as leader and had demonstrated over his years in the He has shown that our party’s ideals whip, JOHN presented me with a birth- House the very qualities his conference and principles do not clash whatsoever day gift that told me at least three needed most. with the moral priority we should things about him. Everyone knew he had uncompro- place on those at the margins of soci- He framed and autographed a picture mising integrity, seemingly inexhaust- ety but rather that those ideas are of ourselves—just an ordinary, not par- ible energy, the trust and admiration often the best means to honor that ticularly glamorous shot of the two of of his fellow Members, and he had an commitment. us, plus JOHN BARRASSO, probably talk- aspirational message about what we Talk about a product of the Jack ing with the press there in the Ohio stood for as Republicans. He has re- Kemp coaching tree. It is safe to say Clock corridor. minded our party, as clearly and force- the Speaker’s cherished mentor would A somewhat unusual gift, I thought. fully as any leader of his generation, be mighty proud. PAUL’S time at the Lesson No. 1: This guy has a sense of about all that our party can and should center stage of our Nation’s politics humor and good cheer. In this photo, I aspire to be—‘‘not pale pastels,’’ in has inspired countless Americans, in- am kind of standing front and center. Ronald Reagan’s timeless words, ‘‘but cluding a new generation of leaders, Six-foot-one JOHN is standing right be- bold colors.’’ His colleagues knew he but speaking personally, more than hind me, a little out of focus and half- had all of these qualities, and we knew any one of the accomplishments that I way in the shadow. So there is lesson it here in the Senate. have been proud to work with PAUL to No. 2: Humility. While I was far from the most crucial help to secure, I think I will most re- Then there was his handwritten mes- member of the pressure campaign—a member how he has done that job; how sage: ‘‘Happy birthday, Mitch—I’ve got draft effort that even roped in the Car- energetically and happily the Speaker your back.’’ That was lesson No. 3. It dinal Archbishop of New York—I will has poured himself into each task at spoke for itself and how fortunate I

VerDate Sep 11 2014 03:15 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.002 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7825 have been to be reminded every single We have had our fair share of quality former math teacher turned all-star day since that JOHN CORNYN meant ex- time. At the end of any Congress, you Hill staffer is just about the ultimate actly what he said. would expect the majority leader and living proof of that. JOHN has proven to be a stunningly whip might have a small handful of We may not be losing Senator COR- effective whip for the Republican con- close shaves and dramatic moments to NYN this month, but I am sorry to say ference these past years. He has also reflect on, but JOHN has helped steer we are saying goodbye to Monica. I will been more than a solid friend and a the ship with the slimmest possible miss her, and I know the entire con- wiser, more loyal counselor than I had majorities. Week after week, 51 to 49, ference will miss her. any right to expect. then 50 to 49, in many cases. It is all about relationships with The whip is a powerful position. The We have seen this play out in the conference trusts you to help lead JOHN too. Even as he was constantly confirmation of a historic number of tasked with walking a tightrope them. Your peers trust you with your well-qualified nominees to the Federal candor and their concerns. As each through a pressure cooker, he has also judiciary and in the passage of major managed to be one of the kindest, most piece of legislation progresses, dif- legislation of delicate moving parts, ferent groups of your colleagues are down-to-earth human beings around. In from comprehensive tax reform to a no place is this more evident than the trusting you to help secure accomplish- landmark opioids package. ments that are huge priorities for them way he treats the unelected members The truth is, even a comprehensive of this Senate family. He gets to know and their own constituents. catalog of all the big floor votes would So it is easy to imagine ways this everyone. He wants to earn your trust. only capture a fraction of JOHN’S excel- He wants to know how you are doing. critical role could go off the rails. You lent work. More key nominees and im- could wear out your welcome with After all, before he was the Senate’s portant pieces of legislation have trav- majority whip or a justice on the Texas some of your colleagues. You could be- eled quietly through the Senate become too focused on notching today’s Supreme Court or the State’s attorney cause JOHN has been there, diligent and win at the expense of tomorrow’s rela- general, he was a husband and father. I patient and respectful, working tionships and good feelings. You could know his wife, Sandy, and their family through challenges and addressing con- let personal disagreements threaten are hoping the end of JOHN’S service as cerns, literally, around the clock. the unity of your leadership team and whip will bring at least a nominal re- As if this wasn’t enough to fill JOHN’S laxing of his schedule. I doubt that, by your conference, but as those who plate, let’s remember, while serving as know him well can attest, these aren’t the way. whip, he has also been a vital member worries that keep John up at night. of the Intelligence Committee, Judici- Ordinarily, I might guess that JOHN That is because he is the quintessential ary Committee, and the Finance Com- might be able to spend more time on team player, not focused on personal mittee, and he has been an outstanding his hobbies, but somehow—as his pro- gain, dedicated to the causes that mat- senior Senator for Texas all at the lific Twitter and Instagram pages regu- ter to Texas and his Members, and will- same time. larly notify the whole world—he has ing to roll up his sleeves and do the In fact, in each of the past two Con- kept right at them all along. hefty lifting himself to advance those gresses, no Senator has been the lead For all the different hats JOHN wears goals. sponsor of more bills that have become in the Senate, he has managed to hang You know, they say everything is law than JOHN CORNYN. He led on Fix on to his chef’s cap too—marching bigger in Texas, and sure enough, ‘‘Big through the ‘‘Rasika’’ cookbook and John’’ has been known to ride across NICS. He led the fight against human trafficking—all in a couple of years’ whipping up feasts for the family. The the screen in campaign spots from time dove hunts certainly haven’t gone any- to time, but somewhere along the way, work. Of course, he doesn’t do it alone. where either. JOHN’S ego didn’t get the message. JOHN has assembled a whip staff that So, really, whatever his title happens JOHN doesn’t twist arms or get angry. to say, what I am looking forward to He doesn’t playact at being the bad are as much a testament to his eye for from JOHN is more of the same—more cop. Instead, he listens. He learns. He talent as they are a tremendous asset invaluable guidance, more exemplary pours his time and energy into learning for the entire conference. At the helm legislating. I know the press corps is all about his colleagues, their con- of the operation as chief of staff in his certainly hoping for more of his in- cerns, their State’s priorities. whip office, Monica Popp. People outside the Senate might In so many ways, JOHN and Monica formative one-liners. think someone in JOHN’S position seem to be cut from the same cloth. Like I said, I am so happy we aren’t would need to act like a bully. The Like her boss, Monica has a sixth sense saying goodbye to JOHN today. What I term ‘‘whip’’ certainly sends that mes- when it comes to reading a room and am saying—with complete personal sage, but JOHN knows that scare tac- getting people what they need. She rel- sincerity, and also for the entire con- tics don’t do many favors in the long ishes the chance to tackle tough prob- ference—is thank you. Thank you for run. The winning strategy on Team lems. As far as she is concerned, a trou- your friendship, partnership, and thank Cornyn has been less like the Mafia blesome situation is really just an op- you for making all of us look better and more like savvy and heartfelt cus- portunity. Just like JOHN, Monica is an than any of us deserve. Thank you for tomer service, and they sure have a lot attentive listener. This has made her helping the Senate deliver for the to show for it. The more I have been rean encyclopedic authority on what country. Thank you for always having flecting on why JOHN has had so much makes each Member of the conference all of our backs. success, I have kept coming back to tick. When Monica makes a rec- Mr. INHOFE. Mr. President, I ask the fact that this man was a judge—a ommendation, you know it is based on unanimous consent that at the conclu- Texas Supreme Court justice, to be the best possible information, and on sion of the remarks by the ranking exact. In a courtroom, the judge has so many occasions, I have relied di- member, that I be recognized. the power, but their job isn’t to whee- rectly on her sharp counsel out here on The PRESIDING OFFICER. Without dle or persuade. It is to listen fairly to the floor. objection, it is so ordered. I am not sure I have ever worked all parties, all theories, and all ideas. Mr. SCHUMER. Mr. President, I sug- with someone who had such a warm Give everyone a hearing, take it all in, gest the absence of a quorum. heart and ice in her veins at the very and then chart the best course possible. The PRESIDING OFFICER. The How lucky we have all been to have same time. She operates with calm and clerk will call the roll. somebody like that whipping votes for confidence precisely because she has the last 6 years. built so many genuine and solid friend- The senior assistant legislative clerk It is a privilege to see JOHN at work. ships that she knows just where things proceeded to call the roll. It has been an honor to work in the stand. Mr. MCCONNELL. Mr. President, I trenches with him day after day these Outside observers get Congress wrong ask unanimous consent that the order past 6 years. To be more accurate, it when they say, ‘‘It’s all about the for the quorum call be rescinded. has been a pleasure to stand shoulder math.’’ It is really all about the rela- The PRESIDING OFFICER. Without to shoulder with him here in the well. tionships. Ironically enough, this objection, it is so ordered.

VerDate Sep 11 2014 01:03 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.003 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7826 CONGRESSIONAL RECORD — SENATE December 19, 2018 CHILD PROTECTION tration report for fiscal year 2019 pursuant to (1) PROTECTING STATE SPOUSAL INCOME AND IMPROVEMENTS ACT OF 2017 section 254(f)(1) of such Act and any order for ASSET DISREGARD FLEXIBILITY UNDER WAIVERS fiscal year 2019 pursuant to section 254(f)(5) AND PLAN AMENDMENTS.—Nothing in section Mr. MCCONNELL. Mr. President, I of such Act shall be issued, for the Congres- 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 understand that the Senate has re- sional Budget Office, 10 days after the date note) or section 1924 of the Social Security ceived a message from the House to ac- specified in section 105(3), and for the Office Act (42 U.S.C. 1396r–5) shall be construed as company H.R. 695. of Management and Budget, 15 days after the prohibiting a State from disregarding an in- The PRESIDING OFFICER. The Sen- date specified in section 105(3). dividual’s spousal income and assets under a ator is correct. ‘‘SEC. 138. The authority provided under State waiver or plan amendment described title XXI of the Homeland Security Act of Mr. MCCONNELL. I ask that the in paragraph (2) for purposes of making de- 2002 (6 U.S.C. 621 et seq.), as amended by sec- Chair lay before the Senate the mes- terminations of eligibility for home and tion 2(a) of the Protecting and Securing community-based services or home and com- sage to accompany H.R. 695. Chemical Facilities from Terrorist Attacks munity-based attendant services and sup- The Presiding Officer laid before the Act of 2014 (Public Law 113–254), shall con- ports under such waiver or plan amendment. Senate the following message from the tinue in effect through the date specified in (2) STATE WAIVER OR PLAN AMENDMENT DE- House of Representatives: section 105(3). SCRIBED.—A State waiver or plan amendment Resolved, That the House agree to the ‘‘SEC. 139. Section 319L(e)(1)(A) of the Pub- described in this paragraph is any of the fol- amendment of the Senate to the title of the lic Health Service Act (42 U.S.C. 247d– lowing: bill (H.R. 695) entitled ‘‘An Act to amend the 7e(e)(1)(A)) shall continue in effect through (A) A waiver or plan amendment to provide National Child Protection Act of 1993 to es- the date specified in section 105(3) of this medical assistance for home and community- tablish a national criminal history back- Act. based services under a waiver or plan amend- ground check system and criminal history ‘‘SEC. 140. Section 405(a) of the Pandemic ment under subsection (c), (d), or (i) of sec- review program for certain individuals who, and All-Hazards Preparedness Act (42 U.S.C. tion 1915 of the Social Security Act (42 related to their employment, have access to 247d–6a note) shall continue in effect through U.S.C. 1396n) or under section 1115 of such children, the elderly, or individuals with dis- the date specified in section 105(3) of this Act (42 U.S.C. 1315). abilities, and for other purposes.’’ and be it Act.’’. (B) A plan amendment to provide medical This division may be cited as the ‘‘Further further assistance for home and community-based Additional Continuing Appropriations Act, Resolved, That the House agree to the services for individuals by reason of being 2019’’. amendment of the Senate to the text of the determined eligible under section aforementioned bill, with an amendment to DIVISION B—MEDICAID EXTENDERS 1902(a)(10)(C) of such Act (42 U.S.C. Senate amendment. SEC. 101. EXTENSION OF MONEY FOLLOWS THE 1396a(a)(10)(C)) or by reason of section 1902(f) Pending: PERSON REBALANCING DEM- of such Act (42 U.S.C. 1396a(f)) or otherwise ONSTRATION. on the basis of a reduction of income based McConnell motion to concur in the (a) GENERAL FUNDING.—Section 6071(h) of on costs incurred for medical or other reme- amendment of the House to the amend- the Deficit Reduction Act of 2005 (42 U.S.C. dial care under which the State disregarded ment of the Senate to the bill. 1396a note) is amended— the income and assets of the individual’s McConnell motion to refer the mes- (1) in paragraph (1)— spouse in determining the initial and ongo- sage of the House on the bill to the (A) in subparagraph (D), by striking ‘‘and’’ ing financial eligibility of an individual for Committee on the Appropriations, with after the semicolon; such services in place of the spousal impov- instructions, McConnell Amendment (B) in subparagraph (E), by striking the pe- erishment provisions applied under section riod at the end and inserting ‘‘; and’’; and 1924 of such Act (42 U.S.C. 1396r–5). No. 1922, to change the enactment date. (C) by adding at the end the following: McConnell Amendment No. 1923 (to (C) A plan amendment to provide medical ‘‘(F) subject to paragraph (3), $112,000,000 assistance for home and community-based (the instructions) Amendment No. for fiscal year 2019.’’; attendant services and supports under sec- 1922), of a perfecting nature. (2) in paragraph (2)— tion 1915(k) of such Act (42 U.S.C. 1396n(k)). McConnell Amendment No. 1924 (to (A) by striking ‘‘Amounts made’’ and in- SEC. 103. REDUCTION IN FMAP AFTER 2020 FOR Amendment No. 1923), of a perfecting serting ‘‘Subject to paragraph (3), amounts STATES WITHOUT ASSET nature. made’’; and VERIFICATION PROGRAM. (B) by striking ‘‘September 30, 2016’’ and MOTION TO CONCUR WITH AN AMENDMENT NO. Section 1940 of the Social Security Act (42 inserting ‘‘September 30, 2021’’; and 4163 U.S.C. 1396w) is amended by adding at the (3) by adding at the end the following new end the following new subsection: Mr. MCCONNELL. Mr. President, I paragraph: ‘‘(k) REDUCTION IN FMAP AFTER 2020 FOR move to concur in the House amend- ‘‘(3) SPECIAL RULE FOR FY 2019.—Funds ap- NON-COMPLIANT STATES.— ment to the Senate amendment to H.R. propriated under paragraph (1)(F) shall be ‘‘(1) IN GENERAL.—With respect to a cal- made available for grants to States only if 695, with a further amendment. endar quarter beginning on or after January such States have an approved MFP dem- The PRESIDING OFFICER. The 1, 2021, the Federal medical assistance per- onstration project under this section as of clerk will report the motion. centage otherwise determined under section December 31, 2018.’’. The senior assistant legislative clerk 1905(b) for a non-compliant State shall be re- (b) FUNDING FOR QUALITY ASSURANCE AND read as follows: duced— IMPROVEMENT; TECHNICAL ASSISTANCE; OVER- ‘‘(A) for calendar quarters in 2021 and 2022, The Senator from Kentucky [Mr. MCCON- SIGHT.—Section 6071(f) of the Deficit Reduc- NELL] moves to concur in the House amend- tion Act of 2005 (42 U.S.C. 1396a note) is by 0.12 percentage points; ment to the Senate amendment, with an amended by striking paragraph (2) and in- ‘‘(B) for calendar quarters in 2023, by 0.25 amendment numbered 4163. serting the following: percentage points; ‘‘(C) for calendar quarters in 2024, by 0.35 Mr. MCCONNELL. I ask unanimous ‘‘(2) FUNDING.—From the amounts appropriated under subsection (h)(1)(F) for fiscal percentage points; and consent that the reading of the amend- ‘‘(D) for calendar quarters in 2025 and each ment be dispensed with. year 2019, $500,000 shall be available to the Secretary for such fiscal year to carry out year thereafter, by 0.5 percentage points. The PRESIDING OFFICER. Without ON-COMPLIANT STATE DEFINED.—For this subsection.’’. ‘‘(2) N objection, it is so ordered. (c) TECHNICAL AMENDMENT.—Section 6071(b) purposes of this subsection, the term ‘non- The amendment is as follows: of the Deficit Reduction Act of 2005 (42 compliant State’ means a State— (Purpose: In the nature of a substitute) U.S.C. 1396a note) is amended by adding at ‘‘(A) that is one of the 50 States or the Dis- trict of Columbia; In lieu of the matter proposed to be in- the end the following: ‘‘(B) with respect to which the Secretary serted: ‘‘(10) SECRETARY.—The term ‘Secretary’ has not approved a State plan amendment DIVISION A—FURTHER ADDITIONAL means the Secretary of Health and Human Services.’’. submitted under subsection (a)(2); and CONTINUING APPROPRIATIONS ACT, 2019 ‘‘(C) that is not operating, on an ongoing SEC. 102. EXTENSION OF PROTECTION FOR MED- EC S . 101. The Continuing Appropriations ICAID RECIPIENTS OF HOME AND basis, an asset verification program in ac- Act, 2019 (division C of Public Law 115–245) is COMMUNITY-BASED SERVICES cordance with this section.’’. further amended— AGAINST SPOUSAL IMPOVERISH- SEC. 104. MEDICAID IMPROVEMENT FUND. (1) by striking the date specified in section MENT. Section 1941(b)(1) of the Social Security 105(3) and inserting ‘‘February 8, 2019’’; and (a) IN GENERAL.—Section 2404 of Public Act (42 U.S.C. 1396w–1(b)(1)) is amended by (2) by adding after section 136 the fol- Law 111–148 (42 U.S.C. 1396r–5 note) is amend- striking ‘‘$31,000,000’’ and inserting lowing: ed by striking ‘‘the 5-year period that begins ‘‘$6,000,000’’. ‘‘SEC. 137. Notwithstanding section 251(a)(1) on January 1, 2014,’’ and inserting ‘‘the pe- of the Balanced Budget and Emergency Def- riod beginning on January 1, 2014, and ending SEC. 105. BUDGETARY EFFECTS. icit Control Act of 1985 and the timetable in on March 31, 2019,’’. (a) STATUTORY PAYGO SCORECARDS.—The section 254(a) of such Act, the final seques- (b) RULE OF CONSTRUCTION.— budgetary effects of this division shall not be

VerDate Sep 11 2014 01:03 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.005 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7827 entered on either PAYGO scorecard main- ‘‘This act shall be effective 2 days after en- build the full wall from reprogrammed tained pursuant to section 4(d) of the Statu- actment.’’ funds given to other areas of the gov- tory Pay-As-You-Go Act of 2010 (2 U.S.C. Mr. MCCONNELL. I ask for the yeas ernment. Let me be very clear. With- 933(d)). and nays on my motion. out our assent, the administration can- (b) SENATE PAYGO SCORECARDS.—The budgetary effects of this division shall not be en- The PRESIDING OFFICER. Is there a not reprogram funds proposed by Con- tered on any PAYGO scorecard maintained sufficient second? gress for the full wall. To do so would for purposes of section 4106 of H. Con. Res. 71 There appears to be a sufficient sec- violate Congress’s article I powers. (115th Congress). ond. They cannot do it on their own, and (c) CLASSIFICATION OF BUDGETARY EF- The yeas and nays were ordered. the House and Senate will not approve FECTS.—Notwithstanding Rule 3 of the Budg- AMENDMENT NO. 4166 TO AMENDMENT NO. 4165 a wall from reprogrammed funds or et Scorekeeping Guidelines set forth in the Mr. MCCONNELL. I have an amend- anything else. It will not happen. joint explanatory statement of the com- We Democrats have opposed massive mittee of conference accompanying Con- ment to the instructions. ference Report 105–217 and section 250(c)(8) of The PRESIDING OFFICER. The appropriations for a border wall for five the Balanced Budget and Emergency Deficit clerk will report. reasons. It is not effective compared to Control Act of 1985, the budgetary effects of The senior assistant legislative clerk other border security measures. Expert this division shall not be estimated— read as follows: after expert has said that. There is no (1) for purposes of section 251 of such Act; plan to build it. The President asked The Senator from Kentucky [Mr. MCCON- and NELL] proposes an amendment numbered for $5 billion, but there are no plans of (2) for purposes of paragraph (4)(C) of sec- 4166 to the instructions on the motion to where the wall would be, how much it tion 3 of the Statutory Pay-As-You-Go Act refer. would cost, what each part would be of 2010 as being included in an appropriation Act. Mr. MCCONNELL. I ask unanimous made of. There is no plan to deal with (d) PAYGO ANNUAL REPORT.—For the pur- consent that the reading of the amend- eminent domain. There are lots of peo- poses of the annual report issued pursuant to ment be dispensed with. ple on the Texas border and on other section 5 of the Statutory Pay-As-You-Go The PRESIDING OFFICER. Without borders who don’t want to give up their Act of 2010 (2 U.S.C. 934) after adjournment objection, it is so ordered. land. They have said they will fight it of the second session of the 115th Congress, The amendment is as follows: in court. It will take years. We have and for determining whether a sequestration (Purpose: Of a perfecting nature) not heard a peep out of the administra- order is necessary under such section, the tion on how to deal with that. Above debit for the budget year on the 5-year score- Strike ‘‘2’’ and insert ‘‘3’’ card, if any, and the 10-year scorecard, if all, the President promised that Mex- Mr. MCCONNELL. I ask for the yeas ico would pay for it, not the American any, shall be deducted from such scorecard and nays on my amendment. in 2019 and added to such scorecard in 2020. taxpayer. Was it a campaign issue? The PRESIDING OFFICER. Is there a Mr. MCCONNELL. I ask for the yeas Yes. Yet, throughout, the President sufficient second? said Mexico would pay for it. He never and nays on the motion to concur with There appears to be a sufficient sec- amendment. campaigned on having Americans pay ond. for a massive border wall, ineffective The PRESIDING OFFICER. Is there a The yeas and nays were ordered. sufficient second? as it would be. There appears to be a sufficient sec- AMENDMENT NO. 4167 TO AMENDMENT NO. 4166 The Democrats have been perfectly ond. Mr. MCCONNELL. Mr. President, I clear. We want smart, effective border The yeas and nays were ordered. have a second-degree amendment at security, but that is not a wall. The the desk. AMENDMENT NO. 4164 TO AMENDMENT NO. 4163 President and, just this morning, the The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I Republican leader have suggested re- have a second-degree amendment at clerk will report. peatedly that Democrats are against The senior assistant legislative clerk the desk. all border security. Of course, we are The PRESIDING OFFICER. The read as follows: not. Every expert has looked at that clerk will report. The Senator from Kentucky [Mr. MCCON- and said it is a total lie. Frankly, the The senior assistant legislative clerk NELL] proposes an amendment numbered 4167 reason our colleagues, the President, read as follows: to amendment No. 4166. Leader MCCONNELL, and others do it is The Senator from Kentucky [Mr. MCCON- Mr. MCCONNELL. I ask unanimous that they have no defense of the wall. NELL] proposes an amendment numbered 4164 consent that the reading of the amend- Instead of defending the wall, they say to amendment No. 4163. ment be dispensed with. the Democrats are not for border secu- Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. Without rity. Nothing could be further from the consent that the reading of the amend- objection, it is so ordered. truth, as shown by what we have sup- ment be dispensed with. The amendment is as follows: ported in the past and today. The PRESIDING OFFICER. Without (Purpose: Of a perfecting nature) This morning, the President also objection, it is so ordered. Strike ‘‘3 days’’ and insert ‘‘4 days’’ tweeted that Mexico could somehow The amendment is as follows: f pay for the wall through a new trade (Purpose: to change the enactment date) deal. This is a huge turnaround for a RECOGNITION OF THE MINORITY At the end add the following. President who once insisted: Mark my ‘‘This Act shall take effect 1 day after the LEADER words. Mexico will pay for the wall 100 date of enactment.’’ The PRESIDING OFFICER. The percent. Of course, there have been MOTION TO REFER WITH AN AMENDMENT NO. 4165 Democratic leader is recognized. multiple fact checks to show a new Mr. MCCONNELL. Mr. President, I f NAFTA could not possibly fund the move to refer the House message on wall directly or indirectly. There is GOVERNMENT FUNDING H.R. 695 to the Committee on Appro- nothing in the new agreement that priations with instructions to report Mr. SCHUMER. Mr. President, we stipulates Mexico must devote any re- back forthwith. have a short time left before appropria- sources to the United States, and any The PRESIDING OFFICER. The tions expire on Friday. Yesterday, we savings from a trade deal, if there are clerk will report the motion. made some progress. any savings, don’t go to the Treasury; The senior assistant legislative clerk Thankfully, President Trump appears they go to American businesses and read as follows: to have backed down from his position American taxpayers. Ultimately, the The Senator from Kentucky [Mr. MCCON- for billions in direct appropriations for President would have to tax the Amer- NELL] moves to refer the House message on a border wall. For the past several ican people to fund his wall. Mexico H.R. 695 to the Committee on Appropriations weeks, the President’s insistence on $5 ain’t footing the bill. with instructions to report back forthwith billion for a wall has been the biggest All that said, it is good news that the with an amendment numbered 4165. obstacle to keeping the government President has retreated from his de- The amendment is as follows: open past Friday. mand that Congress fund the wall. (Purpose: to change the enactment date) The President’s spokesperson has Now, we Democrats in the Senate and At the end add the following. claimed that the administration can in the House have made two reasonable

VerDate Sep 11 2014 01:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.006 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7828 CONGRESSIONAL RECORD — SENATE December 19, 2018 offers that, I believe, would glide finement and the shackling of pregnant hook in hopes of gaining concessions through the House and Senate: No. 1, prisoners. from China on North Korea and got pass the six bipartisan appropriations The bill got 87 votes. Those 87 votes none. North Korea continues to expand bills and a 1-year CR for DHS or, No. 2, are an entreaty to the new Congress to its nuclear capabilities. pass a 1-year CR for all seven remain- do more. It is called FIRST STEP for a Mr. President, do not make the same ing appropriations bills. lot of reasons, one being that many of mistake again by interfering in the Leader MCCONNELL proposed a short- us feel we have to go further and do case of Huawei’s CFO. Mr. President, term CR just a few minutes ago. We more. Next year, hopefully, we can, and do not capitulate on U.S. trade policy would have preferred one of our two op- the resounding support from both sides without meaningful, ironclad commit- tions, but I am glad the leader thinks of the aisle that this bill got should ments from China to end its predatory the government should not shut down help us. It should importune us not to trade practices, its theft of our intel- over the President’s demand for a wall, let this be the last proposal but the lectual property, and until China al- and the Democrats will support this first in this area. The law will bring lows U.S. companies to compete freely CR. The President and the House more justice to our justice system. I in its markets without technology should follow that lead because shut- was proud to vote for it and so grateful transfer or other coercions. To do oth- ting down the government over Christ- for the work of my colleagues who erwise would put the future of this mas is a terrible idea—one of the worst pulled a diverse coalition together to great Nation at great risk. to come down the pike in a very long get it across the line. f time. f TRIBUTE TO BILL NELSON f CHINA Mr. SCHUMER. Finally, Mr. Presi- FIRST STEP ACT Mr. SCHUMER. Mr. President, on dent, I have come here to speak about Mr. SCHUMER. Mr. President, on the China, negotiations are ongoing be- a dear friend and a wonderful col- CJR, criminal justice reform, I am tween the Trump administration and league, the senior Senator from Flor- really deeply heartfelt in thanking ev- Chinese officials about a potential de- ida, BILL NELSON. eryone who was involved in the crimi- tente in our trading relationship. Of A Floridian born and bred, BILL NEL- nal justice reform legislation. import to the Chinese is the recent ar- SON didn’t grow up with a silver spoon I thank Senator DURBIN, for whom rest of Huawei’s CFO on charges of vio- in his mouth. Everything he has this issue was a year’s-long passion. lating U.S. sanctions law, which is only achieved in life, he achieved because he When Senator DURBIN gets his teeth one area of concern when it comes to worked for it. Hard work is one of his into an issue, he does not let go until Huawei’s technology. credos. he achieves it, and he is great at get- Let me be very clear. The United In high school, BILL raised cattle in ting it done. It was a real victory for States should not make any—any— his spare time. That is not every teen- him. concessions until and unless China ager’s idea of a good time, and that is Senator BOOKER felt this issue so pas- makes credible and enforceable com- something we never did in Brooklyn, sionately from his residents in Newark mitments to end all forms of theft and but it led to a lifetime association with and in seeing what had happened to extortion of American intellectual Florida’s 4–H Program, which con- friends of his and people he had known. property. tinues to support Florida’s agricultural He was a brilliant legislative tactician As Ambassador Lighthizer recently community today. in knowing just how far to push and in pointed out—and I cannot commend Just as important, BILL’s extra- getting the most he could from a Con- him enough for the good job he is curricular animal husbandry allowed gress that was not from our side of the doing—during the Obama administra- him to save up the $10,000 he needed to aisle. tion alone, China made no fewer than attend college at the University of Senator WHITEHOUSE carried the 10 independent commitments to get rid Florida. Even then, public service was mantle of making sure that while peo- of forced technology transfers and never far from this generous man’s ple are in prison, they are given ade- cyber theft policies. thoughts. He gave his first political quate preparation so when they come As we know, China cyber espionage speech as a candidate for junior high out, they don’t become recidivists continues unabated. Just last week, it school president—a race he won. In col- again—free from drugs, with job train- was confirmed that China was behind lege, he interned for Florida’s Senator ing—and so they can become useful and the data breach of Marriott hotels, and George Smathers, whose son Bruce productive members of society. we know that they continue to require happened to be his roommate. Senator HARRIS also added her pas- any company that sells things—and That internship turned out to be the sion and experience as attorney general there are so many companies that sell lesser contribution of BILL’s friendship to the great arguments for this bill. things in China—to transfer their tech- with Bruce because a few years after I don’t want to leave out colleagues nology. law school, Bruce would introduce Bill on the other side of the aisle. Senator If we continue on this path that we to Grace Cavert, who became Grace GRASSLEY played a real role as a have for the last 10 or 15 years, we will Nelson, the love of BILL’s life. statesman. Senator LEE did tremen- no longer be the leading economy in For those of us who know BILL, we dous work on this bill. Again, like with the world. All the great ideas Ameri- know he loves Grace more than any- Senator BOOKER but from an opposite cans have because of our free and open thing in the world. They are truly a point of view, he knew when to hold and entrepreneurial system will be sto- dream team. Just to watch them to- and knew when to fold. len, purloined, and China will domi- gether, caring about each other so, I thank all of them because this bill nate. brings joy to anyone’s heart—certainly will make an extraordinary difference We are there for fair competition. mine. Many of my colleagues, of in countless lives by making our sen- China doesn’t compete fairly. I have to course, know Grace as well and have tencing laws fairer and smarter, by giv- say, neither the Bush nor the Obama worked closely with her, not the least ing judges more discretion so low-level, administration stood up strongly to reason being that she is the authority nonviolent drug offenses will not al- China. This administration shows signs in that household today. ways be subject to arbitrary manda- of doing it. With Grace by his side, Senator NEL- tory minimums; by giving prisoners My message to President Trump: SON embarked on what would be a dis- with good behavior and who work hard Don’t back off. Follow Mr. Lighthizer, tinguished career in public service in to rehabilitate themselves better op- not those in your administration, as Florida as Congressman, tax commis- portunities to prepare for their inte- reported, the Senate, Mr. Mnuchin, Mr. sioner, and eventually Senator. Of gration back into society as productive Ross, and others, who want to settle course, along the way, Senator NELSON citizens who can contribute to their for next to nothing. That would be a would also earn the title of ‘‘payload communities; and by ending the most disgrace. specialist’’ abroad the Space Shuttle abusive practices of our criminal jus- President Trump has tried the concil- Columbia. As most folks know, then- tice system, like juvenile solitary con- iatory approach. He let ZTE off the Congressman Nelson, who was chair of

VerDate Sep 11 2014 03:15 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.010 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7829 the House Science, Space, and Tech- Every one of us salutes the great sen- I want to say that the time I spent nology Committee, participated in a ior Senator from Florida, everything with him down there in Texas long be- weeklong space flight on the Columbia. he has accomplished in his distin- fore he was even in the position he is in What most folks don’t know, however, guished career in the Senate, and just today—he has been a great hero down is that the launch for the mission was the great man that he is. there not just to the people in Texas aborted not once, not twice, but three I yield the floor. but people all over the country. times. Eventually, though, the liftoff The PRESIDING OFFICER. The Sen- BORDER SECURITY was achieved, and BILL became only ator from Oklahoma. Mr. President, as far as the com- the second sitting Member of Congress f ments that were made by the minority to leave Earth’s atmosphere, where, in leader from New York, it is easy to his words, he saw ‘‘the blue brilliance UNANIMOUS CONSENT stand here and talk about this. Yes, I of the earth from the edge of the heav- AGREEMENT know the Democrats—they have all ens.’’ Mr. INHOFE. Mr. President, I ask gotten together, and they don’t want There is a name given to the shift in unanimous consent that notwith- to have a wall, but they are going to perspective experienced by astronauts standing previous Senate action on the have a wall. Walls work. called the overview effect. Seeing the House message to accompany H.R. 695, Look at the record of having walls. Earth from the window of a space shut- today’s motions and amendments re- San Diego built their wall in 1992, and tle—that pale-blue marble in the vast main in status quo and the earlier mo- illegal traffic dropped 92 percent after emptiness of space—makes you realize tion to concur and the motion to refer that. Ninety-two percent. El Paso built how fragile and also how beautiful our with instructions and amendments their wall—I remember when that was planet truly is. Senator NELSON experi- Nos. 1923 and 1924 be withdrawn. built—in 1993, and illegal traffic enced something of an overview effect, The PRESIDING OFFICER. Without dropped 72 percent. Tucson built their and although he already cared about objection, it is so ordered. wall in 2000, and illegal traffic dropped the environment, he became a lifelong 90 percent. Yuma, in Arizona, built f champion of environmental causes. theirs in 2005, and illegal traffic BILL NELSON protected and preserved CONCLUSION OF MORNING dropped. It has happened everywhere. the Everglades, Florida’s beaches, and BUSINESS Just look at Israel and the successes offshore waters by standing against off- they have had and how many Israelis shore drilling. There is none in Florida, The PRESIDING OFFICER. Morning would be dead today if it weren’t for and I have to a say that the reason is business is closed. the wall they have. sitting right to my left—BILL NELSON. f We are one of the few countries with- Time and again, when rapacious com- EXECUTIVE SESSION out a wall. We are going to have a wall, panies and others wanted to drill and and it is going to be funded. So if any- risk the beauty of Florida’s coastline one is listening to what is going on and its economic vitality, there was EXECUTIVE CALENDAR down here, just be assured that we are BILL NELSON, like Horatio at the going to have our wall. bridge, preventing it from happening. The PRESIDING OFFICER. Under REMEMBERING GEORGE H.W. BUSH After the BP oilspill, BILL NELSON the previous order, the Senate will pro- Mr. President, I want to make one made sure Florida’s gulf communities ceed to executive session and resume comment on something that happened got the restitution they deserved from consideration of the following nomina- 3 or 4 weeks ago, when we lost an BP’s settlement. tion, which the clerk will report: American hero. Everyone talked about Senator NELSON has always been a The senior assistant legislative clerk loud voice speaking about the need for read the nomination of Joseph George H.W. Bush, and they talked action on climate change, as his be- Maguire, of Florida, to be Director of about their experiences. The reason I loved State of Florida gets hit by ever the National Counterterrorism Center, wanted to wait a while before making more powerful storms and the low- Office of the Director of National Intel- any comments on that is because I lying areas, like Miami, get flooded ligence. have known George H.W. Bush for regularly. Mr. INHOFE. Mr. President, I further many, many years, before I was actu- Of course, seeing the Earth from ask unanimous consent to complete my ally in politics. My wife Kay and I are space didn’t just focus BILL’s eyes remarks. praying for the entire Bush family as downward. This man is capable of The PRESIDING OFFICER. Without the Nation mourns and honors one of doing many things at once. He kept objection, it is so ordered. America’s loyal sons. George H.W. Bush was one of the only them firmly fixed on the horizons as Mr. INHOFE. Mr. President, I ask men I have ever known who could truly well. It will be a long time before the unanimous consent that at the conclu- love someone into changing his mind. Senate sees a champion for NASA and sion of my remarks, Senator PAUL be He loved God. He loved his family. He space exploration like BILL NELSON. It recognized for up to 15 minutes. loved his country and served it tire- may never see one as committed again. The PRESIDING OFFICER. Without lessly with passion. The Senate, the State of Florida, and objection, it is so ordered. the country will miss BILL NELSON, as Listen to all of the things he has will Iris and I. He was even-tempered TRIBUTE TO JOHN CORNYN done. He was a naval aviator, an Am- even in tempestuous times. He was al- Mr. INHOFE. Mr. President, I have a bassador, Director of the CIA, Presi- ways civil in the midst of such incivil- message to deliver this morning, but dent of the United States, and Vice ity. When so many of us are prone to after sitting here and listening through President of the United States. He has looking backward, trying to figure out and enjoying the comments that were done it all. what we did wrong or what we could made, I wanted to at least make one George H.W. Bush put service to his have done differently, BILL was always comment about the Senator from Nation and love for his family above all looking forward and upward. Texas. else. Kay and I have known the Bush I have had the pleasure not only of In my real life, for a number of years, family for a long time, dating back to being BILL’s colleague but being his I was a builder and developer in South their time in the Texas oil fields. He friend. What a fine human being. One Texas. I know South Texas very well. I would go back and forth to what he re- of my greatest regrets here is that know the border well. That is why I ferred to as his second home, which is some fine human beings are not going have been down there so much and am Tulsa, OK. We were friends before we to be with us next time, and this so interested in, of course, the border were in politics, and I am grateful for Chamber and this country will show wall, which we are going to have. But that friendship. I will always remember they are missed. we have a wonderful friend and a per- that friendship. There is nothing BILL is now looking son who has been a good friend. You This portrays him very well. Back forward to more than spending time would think he is dead, but he is not. when I was mayor of Tulsa and George with his beloved Grace and visiting his He is very much alive, and he is back Bush was Vice President, he came to children, Bill Junior and Nan Ellen. doing his full-time job. Tulsa, OK, to do a fundraising event. It

VerDate Sep 11 2014 01:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.012 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7830 CONGRESSIONAL RECORD — SENATE December 19, 2018 was a fundraising event. My wife, in have heard so many people say about of light,’’ a State that knew how to use spite of her reputation to the contrary, George Bush. So Richard Soudriette, public-private partnerships to do all of is a pretty shy person. At these events, who also likes to go fishing with me, the right things and thrive and be suc- she always insists, if we are going to be knew this fishing guide. Not many peo- cessful. at the head table, that she be seated ple are aware of this. Bush had this These are just a few stories about a next to me at that table. She is not in- fishing guide here in Washington, who man who strived to make every man, secure or any of that stuff, but none- would sneak in early in the morning, every woman, every child whom he met theless this is something she got in her and they would go fishing. His name feel valuable in his eyes. head a long time ago, and she has al- was Angus. He went to the White House George Bush saw life as a series of ways wanted that. early one morning to go fishing with missions, and he completed those mis- So on this occasion—this is when the President. He was there so early sions with fervor and grace. He never George Bush came to Tulsa, OK, to par- that the Secret Service escorted him wasted a minute, and for that, I am ticipate in a fundraiser—she snuck up up to the residence where he had coffee grateful. there and looked at the table and the with the Bushes, who were still in their As the Nation continues to mourn name tags and looked at me and said: pajamas. one of her most loyal sons, let us find You can’t do that. You are not seated This is a good story. You should read solace in the fact that he is holding next to me. I have to be seated next to the whole thing. It was in the Wash- hands, reunited with Barbara again. you. ington Post, and it is on my website. President Bush, you are a true Amer- I said: Who are you seated next to? But President Bush was restless and ican hero. Mission complete. God bless She said: George Bush. sometimes impatient, which are not you. Well, apparently, one of the security usually characteristics that make a One more thing, today, December 19, guys or someone went back and told really good fisherman. But because he Kay and I are celebrating our 59th wed- George Bush about that. So he came up was steady and dedicated to the task at ding anniversary. I just want to say: behind her—I will always remember— hand, he did OK, and he even got a few Kay, I still love you. and he put his arm around her and said: fish, they told me, on that day. I yield the floor. I don’t bite. He said further: I will take When he was running for President, The PRESIDING OFFICER (Mr. SUL- care of you; don’t worry about a thing. he came to Tulsa for a fundraising LIVAN). The Senator from Kentucky. Now, during her conversation up function at the Mayo Hotel. He knew DRONE ATTACKS there—she conceded, of course, to sit everyone in Tulsa. We did the normal Mr. PAUL. Do drone attacks work? next to George Bush—he said: You routine we always do. We greeted sup- Well, you might say: Of course they don’t happen to know someone named porters, gave remarks, and then opened work; they kill their intended target. Marian Bovard, do you? it up for questions. I will never forget But do drone attacks really work? Do And she said: Well, of course, she is a this. Ellen McGuire, who is a person drone killings make us safer? Do drone good friend. who is kind of a party regular in the killings bring victory nearer? Do drone He said: I haven’t seen her in a long Republican Party, stood up and said: killings kill more terrorists than they time. Are you part of the international com- create? I think these are valid ques- Kay said: Well, she is sitting right munist conspiracy? tions and questions that should be de- over there. You can see her from here. George Bush didn’t even blink. He bated and discussed. So he sent one of his Secret Service looked over at the organizer and said: There are those who have been in- people over there to bring Marian Where do you find these nuts? Next volved in the drone killings who actu- Bovard, an old friend, to visit. question. ally believe that they aren’t helping It turned out that my wife and When he was Vice President, he and our country. This is a letter from four George H.W. Bush found out that they Barbara came to Tulsa another time, American servicemen in the Air Force both had many mutual friends. Every and I went with a group who was in to President Obama from a year or two time he would bring someone up, it charge of picking them up at the air- ago. It reads: happened that that person was there. port. I was mayor at that time. So we So he would come over and remind her. had a guy on my staff named Charlie We are former Air Force servicemembers She became George Bush’s social direc- who have been involved in the drone pro- Burris, also a security guy. So we gram. We joined the Air Force to protect tor, I think, for the remainder of the thought he would be the perfect person American lives and to protect our Constitu- fundraiser. I think she even ate his to pick up Barbara and George Bush tion. We came to the realization, though, broccoli for him. and take them into town. that innocent civilians we were killing only Now, before I got to Congress, I was So we get there, and Charlie goes and fueled the feelings of hatred that ignited ter- a builder and developer in South Texas picks up the luggage and hands it to rorism in groups like ISIS, while also serving for many years. Of course, Bush was the person behind him, thinking it was as a fundamental recruitment tool. from Texas. We knew each other at me, and said: Take this to the hotel. This administration— that time. He came to see me a few He turned around and saw that in- then, referring to the Obama admin- times when I was working down there, stead of it being me, it was Barbara istration— and, somehow, it always happened to Bush. She looked a little stunned, but and its predecessors have built a drone pro- be on days when I was fishing, because she took the bags and took them and gram that is one of the most devastating I fish every day down there. That is off she went. The cars that came to driving forces for terrorism and destabiliza- one of the many hobbies I have, and I pick him up were the cars we always tion around the world. enjoy doing that. used when we had somebody coming to The question is this: Do drone One day he said to me, after he was Tulsa. Why invest in limousines down killings actually kill more terrorists President: You know, I envy you. there? They were funeral home lim- than they create? This is kind of strange to have the ousines. Vice President Bush took one As the brothers, sisters, and cousins President of the United States say: I look at them, looked in the back, from the village gather around the envy you. The reason he said that is which I think still had a wreath that mangled bodies, do they say, ‘‘Oh, well, because he always enjoyed fishing, and said ‘‘Rest in Peace’’ on it, and said: I guess we are now going to put down he knows I have a whole bunch of kids You must have a cheap mayor. Well, our arms and make peace,’’ or are they and grandkids who all like to fish, and that mayor was me. I told him I pre- excited, are they engendered, are they he doesn’t. So he envies me. ferred the word ‘‘frugal.’’ somehow motivated to become suicide There is a fishing guide, who my old George Bush knew Oklahoma better bombers themselves? chief of staff, Richard Soudriette—who, than any President in history. Before Do the drone killings simply steal incidentally, is one who is very similar that date, he was even telling reporters their resolve? Do the drone killings to George Bush in that I have never that he wanted this to be his turf, his cause surviving members to strap on heard him be mad at anyone or dislike State. He frequently called Tulsa, OK, suicide vests? Is there a limit? Is there anyone or talk in a profane way about his second home. Bush regularly held an end to how many we will kill with anyone, and that is the same as we up Oklahoma as an example of ‘‘points drones?

VerDate Sep 11 2014 01:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.014 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7831 The power to kill anyone, anywhere, ican not involved in combat in the only a select few—often, a select few anytime is an ominous power. I think United States with a drone. It took 13 who actually are always in agreement most of the people involved in the pro- hours to get that answer from them. with more power for the Intelligence gram, including President Obama, had There are questions about what hap- Committee and become a rubberstamp motives to kill our enemies, to kill pens to an American accused and put simply for more power. Those of us who those who they thought might come on the kill list. Can we kill an Amer- are skeptical of power, those of us who someday and kill us, but the program ican overseas? think we need to have more oversight has become so extensive, and it has ex- Often the killings aren’t people are typically not on those committees. tended across so many different coun- marching around with muskets. They But the question is whether we should tries that there is concern, No. 1, about aren’t people marching around shoot- allow a select few to be the overseers. the civilians—the women and children ing each other in a war, where it is like Often, these overseers aren’t a check who are being killed in these strikes as you have a war zone and you are drop- and a balance. These overseers are peo- collateral damage—but there is also ping a bomb on the other side of a war. ple who simply say: We want to be con- some concern about whether or not These are often people sitting in a hut sulted. that kind of ominous power—the power somewhere, eating dinner. These are When the President comes to you or to kill anyone, anywhere, anytime in often people whom we kill where we the CIA comes to you and says ‘‘We are the entire world—is so ominous that find them. We often don’t know the going to kill this person; oh, you have there should be checks and balances. names of those who are killed, and we been consulted—often consulted after In our country, no one is killed with- often have no idea in the end who is the fact, but you have been consulted,’’ out not only checks and balances but killed in these attacks. that, to me, is not a check and a bal- without the due process of the law. Sometimes we do it just simply be- ance. That is being a rubberstamp for People say: Well, you can’t have due cause it looks like a bunch of bad peo- the policy. process in far-flung battlefields around ple all lined up. So we have what we The question has come up time and the world. Shouldn’t we at least con- call ‘‘signature strikes,’’ where we just again, and the media looks and says: sider, though, whether or not there kill people whose cars are lined up Oh, my goodness, this is a conspiracy should be checks and balances and whom we presume to be bad people. theory, the deep state. There actually I think their motives are well in- whether or not one person can make is a deep state, and the deep state has tended, but sometimes we end up kill- been around for decades and decades. In the decision to kill? I think this is ing the wrong people. We killed about fact, the Church commission in the something that should be debated, dis- 12 people in Yemen in 2013 for which we 1970s was set up to investigate the deep cussed, and we should have oversight paid $1 million, saying: Whoops, we got state. from Congress. the wrong people. It is an ominous Who was the deep state in those You will recall that in Obama’s ad- power that should have more oversight days? It was Hoover. Hoover was using ministration, the drone attacks really and more checks and balances. the enormous power of the intelligence hit a new peak. You will recall that he One of the statements that particu- agencies to investigate people he didn’t made his decisions on whom to approve larly bothered me was when the former like—civil rights leaders and protesters the killing of on ‘‘Terrorism Tues- head of the NSA, Michael Hayden, said: of the Vietnam war—so he illegally days.’’ There were reports that flash Well, we kill people based on metadata. used this power of intelligence gath- cards were used in the discussion of That is an alarming statement to me. ering to spy on Americans. who was to be killed. Metadata is whom you call and how Americans were rightly upset. The There were also reports that John long you talk to them. We remember Church commission tried to rein in the Brennan had complete authority to kill they said that it was no big deal. Your intelligence communities. But the in- on his own in certain places. John metadata is not that private. You teresting thing is, in those days, the Brennan also responded and said, when should just give it up. And for a while power to do intelligence was some guy asked about the drone program, that they were vacuuming up everyone’s sneaking into your house and placing a there are no geographical limitations metadata—whom you call and how little magnet on your phone. It is not to where we can kill. long you talk. done that way now. They can scoop up That is a little bit worrisome, par- It turns out that they are so com- every phone call in America like that. ticularly since Congress has never au- petent in metadata that they are actu- They can scoop up every international thorized war in the seven different ally making kills based on metadata. phone call, every phone call to a coun- countries where President Obama uti- That is what Hayden said. try. We can listen to what anybody is lized drones and where drones continue So we have before us a nominee for saying anywhere around the globe any to be used. the National Counterterrorism Center time we want, and then we can kill People say: Well, this isn’t really who has some involvement with devel- anyone anytime, anywhere in the war, or this has something to do with oping these kill lists. So we asked him world. These are ominous powers and 9/11. that question. I said: Do we kill people deserve more oversight. So when people This has nothing to do with 9/11. based on metadata? refer to the deep state, that is what we None of these people had anything to The nonanswer was very interesting. are talking about—more oversight. do with 9/11. He said: Well, I can’t tell you because What happens now is there are eight People say: There are associated I am not in government. people in Congress who are consulted forces. Well, my guess is he has been in gov- about intelligence, consulted about That is not in the 9/11 authorization. ernment, and he has been in the mili- targeted killings—eight people. But Congress voted after 9/11 and said: You tary. So he probably knows the answer, they are not given a check and a bal- can go after those who organized, but he is saying that he will not tell ance. They are consulted. They are told aided, abetted; those who helped to the answer because he is not in govern- often after the fact. So, really, there plan; those who helped the attackers of ment. are no checks and balances. This is an 9/11. It didn’t say you could go after So we said to ask the people who are enormous, ominous power, and it is not any far-flung religious radical or ideo- in government: Do we kill people based checked. Those eight people are the logue throughout the world and kill on metadata? leader of the Senate, the minority them, but that is what we do. It is an Do you know what every one of them leader of the Senate, and the chairman ominous power to kill anyone, any- said? None of my business. and ranking member of the Intel- where, anytime. I was elected to the U.S. Senate to ligence Committee. It is the same on I had this debate with the Obama ad- represent an entire State, and the peo- the House side. So eight people know ministration, and I asked them di- ple in the administration had the au- anything. rectly: Can you kill an American with dacity to say: If you want to know You say: Well, this certainly can’t be a drone? that, why don’t you join the Intel- true. Certainly, they must brief all of Interestingly, they hesitated to an- ligence Committee? you. swer that question. They finally did See, a democratic republic is where Do you remember when they were say: We are not going to kill an Amer- all elected officials have oversight, not collecting all of your phone data and

VerDate Sep 11 2014 03:15 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.015 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7832 CONGRESSIONAL RECORD — SENATE December 19, 2018 storing it in Utah? Everybody’s phone Senate the pending cloture motion, NOT VOTING—4 data, every phone call you were mak- which the clerk will state. Blunt Warner ing, was being stored in Utah. The legislative clerk read as follows: Johnson Whitehouse One of the authors of the PATRIOT CLOTURE MOTION The PRESIDING OFFICER. On this Act who had been involved in and had vote the yeas are 95, the nays are 1. actually been supportive of this said We, the undersigned Senators, in accord- The motion is agreed to. ance with the provisions of rule XXII of the that he was unaware of it and said that The majority leader. he didn’t believe the legislation that Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE wrote the PATRIOT Act actually au- nation of Joseph Maguire, of Florida, to be CALENDAR thorized that. Director of the National Counterterrorism Mr. MCCONNELL. Mr. President, I There is not enough check and bal- Center, Office of the Director of National In- ask unanimous consent that following ance. There is not enough oversight. telligence. the remarks of the senior Senator from We have seen it recently with the kill- Mitch McConnell, Jerry Moran, Mike Texas, all postcloture time be consid- ing of the Washington Post journalist Crapo, Steve Daines, Richard Burr, ered expired and the Senate vote on the and dissident, Khashoggi. The CIA con- James E. Risch, Thom Tillis, John Maguire nomination; that if confirmed, cluded, according to media reports, Thune, Roger F. Wicker, John Hoeven, the motion to reconsider be considered with high probability that the Crown David Perdue, Pat Roberts, John Bar- rasso, Mike Rounds, Lamar Alexander, made and laid upon the table; and that Prince of Saudi Arabia—with a high de- John Boozman, John Cornyn. the President be immediately notified gree of probability—was responsible for the killing. Was everybody told that? The PRESIDING OFFICER. By unan- of the Senate’s action with no inter- No, the public was not told that. Most imous consent, the mandatory quorum vening action or debate. of Congress, most of the Senate—I was call has been waived. The PRESIDING OFFICER. Is there not told that because the briefings are The question is, Is it the sense of the objection? only for a select few. Senate that debate on the nomination Without objection, it is so ordered. What happens is you get imperfect of Joseph Maguire, of Florida, to be Di- ORDER OF PROCEDURE and not very good oversight; the rector of the National Counterterror- Mr. MCCONNELL. Mr. President, just checks and balances are not working ism Center, Office of the Director of for the information of our colleagues, I because the only people being told National Intelligence, shall be brought expect the Maguire nomination to go about what the intelligence commu- to a close? by voice vote. nity is doing are the people who are The yeas and nays are mandatory The PRESIDING OFFICER. The ma- rubberstamps for what they are doing. under the rule. jority whip. The skeptics, those who believe there The clerk will call the roll. LEADERSHIP CHANGE is too much power, are not being told. The legislative clerk called the roll. Mr. CORNYN. Mr. President, today I My point in bringing that up with Mr. CORNYN. The following Senators rise to speak for the last time on the this nominee today is not the indi- Senate floor as majority whip. With vidual being nominated but that the are necessarily absent: the Senator from Montana (Mr. BLUNT) and the the swearing in of our colleagues in deep state has circled its wagons, and January, will come the changing of the they are preventing me from finding Senator from Wisconsin (Mr. JOHNSON). Mr. DURBIN. I announce that the guard in our elected leadership in out: Do we kill people around the world which I have been proud to serve since based on metadata? It is a very simple Senator from Virginia (Mr. WARNER) and the Senator from Rhode Island 2006. question, it is a very specific question, As we all know, the whip is also and they are refusing to answer it. (Mr. WHITEHOUSE) are necessarily absent. known as the assistant majority lead- So I have been holding this nominee er, and I have been proud to assist our and will vote against the nominee be- The PRESIDING OFFICER. Are there majority leader in all we have worked cause I believe that the deep state any other Senators in the Chamber deon together to accomplish in the Sen- needs more oversight. I believe that we siring to vote? ate. I often tell people that ‘‘whip’’ shouldn’t kill anyone, anywhere, any- The yeas and nays resulted—yeas 95, sounds a lot more coercive than it real- time around the world without some nays 1, as follows: ly is because in the Senate, you can’t checks and balances. I also believe that our drone pro- [Rollcall Vote No. 272 Ex.] really make somebody do something gram, our targeted killing, actually YEAS—95 they don’t want to do. I understand the term comes from makes the country less safe and makes Alexander Gardner Murphy us more at risk for terrorism. I think Baldwin Gillibrand Murray the old country. It referred to the per- we should reevaluate this. We have had Barrasso Graham Nelson son in fox hunting who was responsible Bennet Grassley Perdue for keeping the dogs from straying dur- a top 20 kill list for 20 years. We just Blumenthal Harris Peters ing the chase—something I have never keep replenishing it with more and Booker Hassan Portman more and more. It is a never-ending top Boozman Hatch Reed done and, no doubt, will never do. Brown Heinrich 20 list. I think we should reevaluate it. Risch One of the fathers of modern conserv- Burr Heitkamp Roberts atism, Edmund Burke, in the middle of I think we should talk about, is there a Cantwell Heller Rounds Capito Hirono a contentious debate in the British way we can declare victory? Rubio Cardin Hoeven I am proud of the President today to Sanders House of Commons, used the term as Carper Hyde-Smith Sasse far back as 1769. When he used it, he hear that he is declaring victory in Casey Inhofe Schatz Syria. Most of the voices around here Cassidy Isakson was talking about enforcing discipline, Schumer Collins Jones not as a way to punish disobedience like to stay everywhere for all time, Scott and they believe that it doesn’t work Coons Kaine but as a way to stay focused on your Corker Kennedy Shaheen unless you go somewhere and stay for- Cornyn King Shelby goal. I think that meaning still holds ever. The President has the courage to Cortez Masto Klobuchar Smith because the overarching goal of anyone Cotton Kyl Stabenow who serves in this position is to keep say that we won in Syria, and we are Sullivan Crapo Lankford the team together. coming home—the first President in Cruz Leahy Tester my lifetime really to do that. That is Daines Lee Thune The first Republican whip was James why President Trump is different, and Donnelly Manchin Tillis Wadsworth, elected in 1915. He served that is why I think President Trump is Duckworth Markey Toomey in the Spanish-American War. He op- Durbin McCaskill Udall one we should all look to for some Enzi McConnell Van Hollen posed Prohibition, and he was chair- changes and for some reform of the Ernst Menendez Warren man of what was then known as the deep state. Feinstein Merkley Wicker Committee on Military Affairs. I yield back my time. Fischer Moran Wyden In more recent times, the whips have Flake Murkowski Young CLOTURE MOTION been great Senators and friends, such The PRESIDING OFFICER. Pursuant NAYS—1 as Don Nickles, Trent Lott, JON KYL, to rule XXII, the Chair lays before the Paul and of course, the current majority

VerDate Sep 11 2014 01:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.022 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7833 leader, MITCH MCCONNELL. All of these was not accurate. To refute one rumor Our job still isn’t over, but by link- men have provided good examples and or accusation, my whip staff even had ing arms together, the Texas delega- sound counsel to me at one time or an- to find copies of 30-year-old high school tion, which we call ‘‘Team Texas,’’ other. yearbooks and go to the Library of worked with Governor Abbott and What we have tried to do together is Congress to research drinking games. I other State and local leaders to get to build consensus, to make progress, know it sounds silly, but sometimes them what was needed from the Fed- little by little, for the American peo- truth is stranger than fiction. The re- eral Government so that people could ple, to seek to inform and gently per- search our whip staff put together begin to put their lives back together. suade. Mainly, you listen, and then, made the difference for some of our As whip, one of the best parts of my one by one, you address your col- colleagues in the homestretch. job was getting to know my colleagues leagues’ concerns. Then it is the job of Eventually, as we now know, after a better. I learned to listen to them more the whip to count the votes, as the lot of hard work and long hours by an carefully. I learned that each of them Senate leader passes or defeats legisla- awful lot of people, Judge Kavanaugh has personal goals, political needs, re- tion, and provide advice and consent on was confirmed. But near-death experi- gional interests, and philosophical nominees. ences can make life all that much more principles that influence their decision It is the job of the whip operation to sweet. So the difficulties we faced to- making. keep its finger on the pulse of the con- gether on the Kavanaugh nomination We share a lot in common, but each ference, to help the leader find a way made his eventual confirmation all the of us is unique in mostly fascinating to get from point A, a bill introduced, more satisfying. but sometimes infuriating ways. Even to point B, getting it to the floor, and Other highlights—the things I will when you can’t convince someone your then to point C, when the bill passes remember the most and am most proud position is the right one, you always and becomes law. That road can be aw- of—include the landmark bill we can learn from that interaction, and fully bumpy at times. Sometimes, it is passed to combat human trafficking. that is valuable information that can just like riding a roller coaster. The Justice for Victims of Human be used on the next tough vote. I also learned a lot about the Senate As with any job, there are parts of Trafficking Act—after 4 weeks on the as an institution. What makes this in- the job you love more and those parts Senate floor, thanks to Leader MCCON- stitution so interesting are the men you love less. There has been a lot of NELL and his perseverance, that bill ul- and women who work here. We have handshaking after big victories, such timately passed 99 to 0, and we should doctors, business men and women, and as the Criminal Justice Reform bill we be very proud of that. farmers. Heaven knows, we have more passed with a huge bipartisan majority Following the horrific shooting at than enough lawyers. We have spouses, last night, and then there is the head- Sutherland Springs, TX, I introduced parents, grandparents, great-grand- shaking after disappointments. legislation to strengthen the gaps in parents. We come from different polit- It is true that occasionally in this the background check system for pur- ical parties and different parts of the job you come up short, but you learn chasing firearms. Those gaps had al- country, but we share a common goal: from your mistakes, you course cor- lowed a crazed shooter to cruelly take to do right for the people we are privi- rect, and that failure can help you suc- innocent lives one Sunday morning at leged to represent and to make our ceed later on down the road. That is a small Baptist Church outside of San country a little bit better than when what happened to us in tax reform. We Antonio. we came. learned from our disappointing out- After we came together in a bipar- We have very public arguments, but come on healthcare and applied it to tisan way to pass this bill, I returned we also get a lot accomplished in quiet- our next major objective. With tax re- to Sutherland Springs. Being with er moments—over lunch, in the Senate form, we laid the groundwork by going those families, the community, and well, in the cloakroom, or sometimes through the Finance Committee—reg- Pastor Frank Pomeroy—he and his in the Senate gym. During those mo- ular order. We helped inform. We cor- wife lost their daughter—and letting ments, what shines through is my over- rected misinformation, and we re- them know we not only shared in their whelming impression of the intel- sponded to feedback. We incorporated grieving but we had acted together to ligence, the seriousness of purpose, and input from all Senators who wanted to save lives by preventing future trage- the goodwill of the people who work be constructive and get to yes, and the dies was one of the most gratifying mo- here. That instills in me confidence final bill changed a lot along the way. ments I have experienced in the Sen- that despite the swirling controversies Another victory I can think of is the ate. We couldn’t wipe away their tears, that seem to engulf us, the Senate, as passage of the Comprehensive Addic- but we could show the families that an institution, is strong. It is durable tion and Recovery Act in 2016, which I their loss had not been in vain. and will continue long after we are think helped lay the groundwork for We have done a lot of other things gone. what we were able to achieve this Con- that—while they didn’t make the The late great Bob Bullock, who gress with the passage of landmark front-page news—will greatly impact served for many years as our State’s opioid legislation. the lives of Texans and all Americans. Lieutenant Governor, participating in Of course, there were a historic num- We helped America become the energy Texas politics for most or about half of ber of judges we were able to confirm powerhouse we knew it could be—cre- the 20th century, used to say that there during the first 2 years of the Trump ating jobs along the way—by facili- are two types of politicians: those who administration, culminating in not tating liquefied natural gas exports, want to be someone and those who one, but two outstanding additions to and we ended the export ban on crude want to do something. I will say that the U.S. Supreme Court: Justices Neil oil all together. These will have geo- in my experience, most people I inter- Gorsuch and Brett Kavanaugh. political consequences that will benefit act with here are of the latter persua- But the biggest challenge we faced the entire planet. sion. They want to do something good this last year was the nomination of We passed big bills, like the farm for the American people. now-Justice Kavanaugh—hands down. bill, and smaller but impactful bills, I want to express my best wishes to Never in my experience has there been like occupational licensing reform, and my friend, Senator THUNE, the senior a bill or a nomination for which every legislation that improved trade be- Senator from South Dakota, who is single vote mattered more, and never tween Mexico and Canada. taking over the whip job in January. I have I seen the dynamics change so Then came Hurricane Harvey, the have every confidence in his ability to rapidly. The trajectory of the nomina- most extreme rain event in our Na- do the job, but I also confessed to him tion fluctuated day by day, hour by tion’s history. It hit the Texas gulf it is not all sunshine and lollipops. hour, and sometimes it seemed minute coast, and then after recovery was un- There will be long days and tough by minute. As new press reports or ru- dertaken, we had the monumental task votes. We have all heard the expression mors circulated, the whip operation of putting together significant disaster that being the whip is like trying to worked overtime to make sure our col- relief for Texas as part of a larger dis- keep the bullfrogs in the wheelbarrow; leagues had the most up-to-date infor- aster relief package that benefited as soon as you get one in, another one mation and knew what was and what many parts of the Nation. jumps out.

VerDate Sep 11 2014 01:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.017 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7834 CONGRESSIONAL RECORD — SENATE December 19, 2018 But I look forward to continuing to lies and friends as they travel around wants to do because they are con- help Senator THUNE, the next whip, and the country and sometimes miss holi- troversial or they are risky, but I stand the conference and the Senate in any days and special occasions. They, like ready to continue to take risks and ac- way I can. He has my telephone num- all of the Capitol Police, keep the peo- cept controversy in the pursuit of wor- ber. ple who work here and visit here safe. thy causes. Of course, when you are whip—like We all appreciate what they do for us I close simply by saying it has been a any job—you rely on your team mem- each and every day. privilege to serve as the whip for bers. I couldn’t have gotten through Finally, I want to say a few words Texas, for the Republican conference, these 6 years without a lot of help. about my chief of staff, Monica Popp, and for the Senate. First and foremost, I owe a tremendous who is the chief of staff of my whip of- Often, when I am introduced to audi- amount of gratitude to my mentor and fice. ences here and at home, the intro- friend, Leader MCCONNELL. There is no Monica is often the first person and ducers will refer to me as the No. 2 per- one in the country who has done more the last person on my staff I talk to son in the Senate. Occasionally, they to advance the conservative cause in each day. If Beth Jafari, who is my will call me the second most powerful recent times than Senator MCCON- chief of staff in my Texas office, is the person in the Senate—obviously an ex- NELL—no one. Robert Caro called LBJ glue that keeps our operation together aggeration. Yet I have never been quite the Master of the Senate. I would like and operating at maximum efficiency, able to bring myself to correct them in to nominate another one: MITCH Monica is the spark plug of the oper- public if only to save them the embar- MCCONNELL. ation. rassment. Let me just say I will now Under MITCH’s leadership in the last 2 As impressive as her knowledge of return to my previous life as the sec- years alone, we have bolstered our Na- the Senate is and of how the U.S. Gov- ond most powerful person in my house- tion’s economy, fixed our Tax Code, ernment functions, that is not what hold and to my continued service to and achieved real regulatory reform. sets her apart. She often, in her own Texas and the world’s greatest delib- We have transformed our Judiciary, gentle but determined way, has pressed erative body. improved veterans’ healthcare, and ad- me to make just one more call, to meet I yield the floor. dressed critical public health needs just one more time with a colleague, or (Applause, Senators rising.) like the opioid crisis. And that doesn’t to try just a little harder to nail down The PRESIDING OFFICER. Under even begin to scratch the surface. the winning votes. She is exactly the the previous order, the question occurs We have certainly had our fair share type of person you need to have in your on the confirmation of the Maguire of nail-biters—I seem to remember a corner, but it is her sunny disposi- nomination. certain debt ceiling vote, for example— tion—her optimism—that is infectious. The question is, Will the Senate ad- and those accomplishments I men- In addition to her extraordinary com- vise and consent to the Maguire nomi- tioned were not easy, given the slim petence, that makes her indispensable. nation? margins. But with Senator MCCON- Monica is known for cultivating and The nomination was confirmed. NELL’s leadership and more than a few maintaining strong relationships not The PRESIDING OFFICER. The prayers along the way, we did it to- only in the Senate but in the House President will be immediately notified gether. I am proud of our record, and I and in the executive branch. It is not of the Senate’s action. am grateful for his trust and con- just limited to my party; some of her f fidence. closest colleagues work in the leader- Of course, we couldn’t have been suc- ship offices of our Democratic col- LEGISLATIVE SESSION cessful without a strong and reliable leagues. The big bipartisan achieve- team of deputy whips led by Senator ments I mentioned earlier could not MORNING BUSINESS MIKE CRAPO. I leaned on my deputy have happened without Monica and her whip team regularly, and time and ability to lead a team and work across The PRESIDING OFFICER. The Sen- again, they delivered. So to Senators the aisle. Part of the reason she is so ator from South Dakota. BLUNT, CAPITO, CRAPO, FISCHER, GARD- effective is she wants to know every- Mr. THUNE. Mr. President, I ask NER, LANKFORD, PORTMAN, SCOTT, thing. She even wants to know what unanimous consent that the Senate TILLIS, and YOUNG, thank you. Members have for breakfast because proceed to legislative session for a pe- I also want to thank my whip staff, she knows how circumstances and riod of morning business, with Sen- both current and former. This includes small events can sometimes provide in- ators permitted to speak for up to 10 John Chapuis, Sam Beaver, Noah sight in unexpected ways. minutes each. McCullough, Jody Hernandez, Emily Here is how our staff describes her: The PRESIDING OFFICER. Without Kirlin, Jonny Slemrod, and my first ‘‘She is a problem solver.’’ objection, it is so ordered. chief of staff, Russ Thomasson. ‘‘When you think you’re stuck, she’ll Mr. THUNE. Mr. President, I yield What has been so amazing to me is find creative ways to get a solution.’’ the floor. how seamlessly my whip staff also The most instructive, I think, is this: The PRESIDING OFFICER. The Sen- worked with my Texas official staff as ‘‘You want to be around her just to ator from Georgia. well. We all worked, literally, as one learn.’’ f team. I thank all of my Texas staff for I couldn’t agree more. SENATE ACCOMPLISHMENTS their contributions to our successes. To Monica, I say thank you. We We all rely on our staffs around here couldn’t have done it without you. Mr. ISAKSON. Mr. President, I rise a great deal, and that is doubly true of Even though I will no longer be serv- for a couple of moments in morning my entire staff over the last 6 years. I ing as the majority whip, I am not business to pay tribute to the Senate have come to think of the whip oper- going anywhere. Believe me—serving 28 and what we have done this past year. ation as really an intelligence oper- million Texans here in the Senate is a We think we are easing towards going ation. These outstanding men and big enough job for anyone. To borrow a home. We think we are easing towards women have been my eyes and ears. phrase from a great American leader, finishing the year, and everybody is ex- They are all incredibly smart. They are our late President George Herbert cited about that. We have talked about devoted and hard-working. Walker Bush—he said: I am a Texan a lot of things we haven’t done. Let’s I say to all of them: Thank you for and an American. What more can a talk about what we have done, because everything you have done to serve the man ask for? I think this has been the most success- conference and the Senate as a whole. Indeed, it is an honor and a privilege ful time I have had in Washington for As whip, you are provided with a se- to represent the great people of Texas, 20 years. curity detail comprised of Capitol Po- and I believe my time as whip has only As chairman of the Veterans’ Affairs lice officers. These men and women are taught me to be a better representative Committee, we have had the best suc- extraordinary professionals who have of my fellow Texans. As an elected cess we have ever had for the most im- become like family. Their work often leader, I have learned that sometimes portant people in the country we love— takes them away from their own fami- you have to do things nobody else our military in the United States of

VerDate Sep 11 2014 01:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.018 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7835 America. I want everybody to remem- are not only protected but are deliv- on those ships—they don’t have that ber four things to take home that you ered as well. benefit. have done to see to it that our men and Thank you for the time I have been The VA bifurcated a benefit of women who fight for us and keep us given to address the Senate. I hope all healthcare to our veterans—many of safe get treated the way they should of us go home and remember that our whom contracted cancer and many of every day. most important people are our vet- whom have died—and said: If you are No. 1 is the VA MISSION Act. erans. Also remember what each of you on the land, you get it. If you are on After a number of years, when we has done in passing these improve- the sea, we will not let you have it. started moving towards a way to get ments—seeing to it that the GI bill is It is the wrong thing to do. No vet- better appointments, better timing, now permanent for everybody in that eran who served on the land is more and better results for our veterans, we there are no more caps on their time; important or less important than the finally came together with the VA seeing to it that veterans in the Re- one who served at sea. We have a MISSION Act. We saw to it that if a serves and veterans on Active Duty are chance to do this, and we ought to do veteran needed health needs met, he treated the same; and seeing to it that it. I am going to vote in favor of adopt- got them when he needed them, not we have accountability and benefits for ing the motion by the gentleman from when it was convenient for him to get our veterans so no one is left behind Connecticut. them. If the VA couldn’t provide them, and so the United States of America Let me just say one other thing. the private sector could. He could go to will continue to be the greatest coun- There is a letter floating around about the private sector. We have done every- try on the face of this Earth. the cost of this and about the cost esti- thing we can to expand accessibility to I yield the floor. mates we had. We got a new cost esti- quality healthcare. Our vets are the The PRESIDING OFFICER. The Sen- mate yesterday after our having spent most important assets we have. ator from Connecticut. years in the committee trying to get a better cost estimate. We got one yes- The second is the accountability bill. f For a lot of years, we saw on the front terday that was higher than the day pages of the newspapers that the VA UNANIMOUS CONSENT REQUEST— before. I don’t know what its credi- had done stupid things and that a lot of H.R. 299 bility is. I am not going to cast asper- VA employees had done stupid things. Mr. BLUMENTHAL. Mr. President, I sions on the credibility of the CBS. Ob- The way they got corrected—the way thank my colleague and friend Senator viously, nothing should surpass a they got punished—was to be trans- ISAKSON, as well as the ranking mem- promise we have made for healthcare ferred to another VA office. We finally ber, Senator TESTER, for their leader- coverage to our veterans that they are passed a bill whereby if you don’t do ship on the Veterans’ Affairs Com- not getting. That is what we owe to your job, if you hurt the people you are mittee in this past session. I have been them, and I hope everybody will vote there to protect—meaning our vets— proud and honored to work with them, to support the blue water Navy benefit then you get fired. You have a 10-day and I look forward to doing so in the with regard to the motion by the Sen- appeal, and then you are through. You next Congress on issues so important ator from Connecticut. and challenging. We have a responsi- I yield the floor. don’t get paid forever. You don’t get The PRESIDING OFFICER. The Sen- bility to meet the needs of our vet- moved. You don’t get switched around. ator from Utah. We make sure you have pure account- erans. Mr. LEE. Mr. President, reserving ability. Because of that, the VA is In that spirit, I ask unanimous con- the right to object, I have great respect more responsive today than it has ever sent that the Veterans’ Affairs Com- for my distinguished friends and col- been. mittee be discharged from further con- leagues, including my colleagues from With that, we had to put in whistle- sideration of H.R. 299, the Blue Water Connecticut and from Georgia. I will blower protection to allow our vets Navy Vietnam Veterans Act of 2017, also add that there is no doubt that all who find out something is going wrong and that the Senate proceed to its im- of us owe a great debt of gratitude to but who are afraid to say something to mediate consideration; that the bill be the brave men and women who fought have the protection that everybody has considered read a third time and and served in the Vietnam war. There with whistleblower laws we have passed; and that the motion to recon- is no question that they endured un- passed. sider be considered made and laid upon speakable hardships there and, of The third biggest problem we had and the table with no intervening action or course, for many decades following the No. 1 headache we have is seeing to debate. their service. it that veterans’ benefits are timely The PRESIDING OFFICER. Is there For some, one of these hardships in- and that they get a good appeal. The objection? volved exposure to Agent Orange. This timeliness in approving veterans’ ap- The Senator from Georgia. very potent chemical was widely used plications for that had gone to as much Mr. ISAKSON. Mr. President, reserv- by the U.S. military during the Viet- as a year and a half to 2 years before ing the right to object, my apologies to nam war as part of its herbicidal war- they had gotten decisions. Now we those on the floor who wish to speak. fare program, and it has proven to have have better accountability with the We have spoken a couple of times been something that has caused major improved results we are seeing in giv- about this on the floor. I want to do it health problems for the service men ing our veterans their benefits and one more time. and women who were exposed to it. So their approvals in a more timely way. I appreciate the motion by the gen- Congress passed the Agent Orange Act I hope, before I leave the Senate, when- tleman who had been my ranking mem- of 1991 to provide health benefits for ever that will be, we will get it down to ber on the committee for 2 years before those servicemembers who were af- almost zero. They don’t get the luxury this current session of the Senate. The fected by it. of waiting when they are on the battle- blue water Navy has been an issue that The act presumes the service connec- field. They have to pull and fight when has been controversial. It has almost tion for diseases caused by herbicides they are confronted. So we need to been passed a few times, and it has for Active military, naval, or air serv- make sure they get that benefit today. been defeated a number of times. icemembers when, and only when, Lastly and most importantly, as we Our veterans, today, who served in there is scientific and medical evidence have said, our veterans are our most Vietnam and who have ended up con- to support it. important people. We now have the tracting cancer—non-Hodgkin’s In 2002, the VA removed the blue Agency focused in the right direction. lymphoma and things like that—do not water Navy veterans from the pre- We have a good Secretary in Secretary have the luxury of presumption of sumption of exposure, as they had Wilkie. We have a good focus in what cause on their service in Vietnam un- looked at the data repeatedly under we are doing, and we have passed the less they served on the land. If they multiple administrations and had not types of acts that are necessary to get served on the land in the battlefield, found evidence to grant the presump- a bureaucracy to become a responsible they get the benefit, but if they served tion. organization. We have seen to it that at sea, where most of this napalm and The bill now under consideration the benefits we are supposed to protect all of the other agents were delivered— would restore this presumption to the

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.020 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7836 CONGRESSIONAL RECORD — SENATE December 19, 2018 blue water Navy veterans, but pru- Nation. They will be deprived of the him, because of Korean War veterans, dence demands that we wait until we just compensation for injuries they re- and because of Korean veterans who have more complete information and ceived, like their fellow veterans who served in the DMZ. evidence to make this presumption. In served boots on the ground on land, if I ask my colleagues to reconsider fact, previous studies have lumped all they are not compensated for the inju- their opposition. In the limited number the branches of the services together ries they received when they served in of days left in the 115th Congress, we into their analyses or they focused those territorial waters off Vietnam. have this important opportunity. We solely on the Army. In other words, This measure has been brought to the have this tremendous opportunity for they failed to differentiate between floor before. Last week, I joined my anybody who cares about not only the those who were Active on the ground colleagues Senators TESTER, GILLI- veterans of Vietnam but also their de- and those who were serving on ships BRAND, DAINES, and BROWN to demand scendants by extending healthcare, vo- miles offshore. that simple justice for blue water Navy cational training and rehabilitation, as Now we have a chance to get that veterans. Today I am joined by Senator well as providing a monetary allowance precise data. The VA is currently un- BALDWIN of Wisconsin, my very distin- to children suffering from the dertaking a study, slotted to be re- guished colleague and friend, to whom aftereffects through their parents. leased in the early months of 2019, that I will yield shortly. I ask my colleagues to do the right examines the myriad of health factors Our calls to unanimously pass H.R. thing. in Vietnam veterans and specifically 299 were blocked, and that is why we I yield to my colleague from Wis- includes a subsample of blue water are back here again. In these closing consin. Navy veterans. hours of this session, we have the op- The PRESIDING OFFICER. The Sen- It is only right and only reasonable portunity and obligation to do right by ator from Wisconsin. that Congress should examine this those veterans and to follow our words Ms. BALDWIN. Mr. President, I rise study before making any presumption by our actions. Today the Senate has today to ask the Senate to come to- of a service connection for all blue another chance, even in these last gether and do the right thing for our water Navy veterans from this war. hours, to right a wrong. veterans by passing the blue water The brave men and women who have Currently, the VA gives the benefit Navy legislation. I thank my colleague sacrificed so much for our country of the doubt to some veterans who have from Connecticut for his leadership, should undoubtedly get the medical been exposed to toxic substances but and I join him in appreciating the re- care they need in connection with their not to others. Despite the fact that de- marks of the Senator from Georgia in service. foliants were indiscriminately used, support of advancing this legislation in As Members of this body, it is also only some of those veterans who were the final days of this session. our duty to ensure it is done in a pru- affected by them—those veterans suf- As a result of the VA changing its dent and proper way, with all the rel- fering from cancer and skin disease and policy, Vietnam blue water Navy vet- evant information available to us. Our other aftereffects—are eligible for erans have to meet higher burdens of veterans deserve no less, and it is for healthcare and benefits to address the proof to receive healthcare and dis- this reason that I have concerns with health effects of their exposure. ability benefits that they earned due to it. Others, like Gerry Wright of Con- their exposure to Agent Orange. I have received calls from Secretary necticut, are forced to shoulder the I have heard from many veterans and Wilkie and from four previous VA Sec- burden of proving they are suffering their families from across Wisconsin retaries, all of whom have said consist- from this toxic exposure. asking that the Senate pass this bill ently that the VA has been strapped I ask my colleagues to reconsider because they don’t have any more time with difficulties in recent years. We their opposition. I ask them to think to wait. have to make sure the VA has the tools about the veterans of their own States A veteran’s family from Reedsburg, it needs to offer the services it needs to who suffer from these kinds of diseases. WI, wrote to me. They wrote: offer to our veterans. Doing something I ask them to consider men and women Senator Baldwin, my brother-in-law did that would offset that, as these VA like Eugene Clarke of Redding, CT. Be- three tours off the coast of Vietnam on an Secretaries have concluded, would be cause of his experience in Vietnam, he ammunition ship. He has contracted brain unwise. On that basis, I object. has spent most of his years fighting on cancer, lung cancer, diabetes and hearing The PRESIDING OFFICER. The ob- behalf of veterans who served there and loss. We have submitted a request for com- jection is heard. veterans who served in Korea in the pensation for these ailments. All requests The Senator from Connecticut. 1960s. He has been a champion. His ad- have been denied and we are still appealing. Mr. BLUMENTHAL. Mr. President, I This House bill passed unanimously and now vocacy, backed by strong support from languishes in the Senate. My brother-in-law greatly respect my colleague from the Veterans of Foreign Wars, shine a is in hospice with limited time remaining. Utah, and I thank our friend from light on these problems. Please pass this legislation. Georgia for his positive remarks on Today only veterans who were served I heard from a veteran from this topic, but more than words are on the Korean DMZ, from April 1968 Stetsonville, WI. He said: necessary; we need action. We need dol- through August 1971, are eligible for lars and cents to brave Americans who I served in the U.S. Navy and spent 1966 presumption, despite the fact that from aboard the USS Intrepid as a gun fire undertook to serve this country, who 1966 through 1969, about 55,000 service- controlman. I have been diagnosed with risked their lives, and who have suf- members were sent to Korea each year. stage 4 non-Hodgkin’s lymphoma and large fered for years and years from the se- Mr. Clarke was instrumental in pro- hairy cell leukemia. The lymphoma is cur- vere health effects of their contact viding evidence that defoliants were rently in remission, but the leukemia is un- with Agent Orange and other toxins on sprayed during testing prior to 1968. treatable. the battlefield. They deserve the same His efforts have inspired me and my On August 10, 2018, I had open-heart quin- benefits as their comrades who served colleagues to introduce the Fairness tuple-bypass surgery as well. My children and grandchildren are suffering from my ex- on land. They served in the territorial for Korean DMZ Veterans Act. He is a posure to the dioxins found in Agent Orange waters. Year after year they have been veteran of that experience. He has which polluted the waters of the Tonkin denied simple justice—action that ful- fought for the Korean veterans, but he Gulf. Please get the VA to do its job of car- fills our obligation to them. I greatly has also added his weight in support of ing for, treating, and recognizing the service- respect the words, the rhetoric, the the Vietnam veterans who served after connected disability of the many Navy vets pledges, but asking them to wait denies he did. now suffering. them justice. Two years ago, I pledged to Mr. The money for this care was originally pro- There is an adage we quote fre- Clarke that I would fight as long and vided for, prior to 1991, when the VA arbi- quently: Justice delayed is justice de- as hard as possible to make sure vet- trarily disallowed the gulf sailors. It is time to correct this breach of promise to care for nied. That maxim has particular force erans who served in the Korean DMZ our veterans, and I am asking for your help here because these veterans, very sim- receive compensation and healthcare if in getting the Blue Water Navy bill passed in ply, are passing away. They will be de- they suffer from agent orange-linked the Senate, as it was unanimously passed in nied the benefits they are owed by this illnesses. I am here today because of the House.

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.025 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7837 I am disappointed that Senator I can pledge to my colleagues that if their service, we can’t just give them BLUMENTHAL’s request to pass this bill we fail to do it this session, we will be an ovation on Veterans Day; we need to was just objected to by my colleague back again next session. The costs to take action to help them lead full, from Utah. Some of my colleagues on our conscience, if not to our budget, healthy lives every other day of the the other side of the aisle have argued will rise in the meantime. year too. Right now, that means join- that we can’t afford the cost of this I am pleased to call on my very dis- ing me in working to pass the Blue legislation, but I heard no such objec- tinguished colleague and military vet- Water Navy Veterans Act before even tions when those same colleagues voted eran from Illinois, Senator DUCKWORTH. one more hero dies a preventable death for a very partisan tax bill that gave The PRESIDING OFFICER. The Sen- on our watch. It is the right thing to huge tax breaks to the largest corpora- ator from Illinois. do. tions and added $1.9 trillion to our Na- Ms. DUCKWORTH. Mr. President, I I yield the floor. tion’s debt. Now, when it comes to thank my colleague from Connecticut. The PRESIDING OFFICER. The Sen- doing right by our Vietnam veterans Right now, tens of thousands of ator from Connecticut. who served this country and are now American heroes are suffering and even Mr. BLUMENTHAL. Mr. President, I dying from their illnesses, we don’t dying while some folks in government wish to close by thanking my col- have the money to spend to help get are looking the other way, refusing to leagues, Senator DUCKWORTH and Sen- them better or to help give their fami- heed their calls for help. Our blue ator BALDWIN, and say that I would lies a little more time with them. That water veterans answered the call when like to end this session on a positive is simply wrong. their Nation needed them in the thick note. I am going to be proud to yield to How much is it costing blue water of the Vietnam war. They left their one of my very good friends and one of Navy veterans who are trying to beat loved ones, boarded ships, fought the our most distinguished colleagues, Sen- cancer? How much is it costing their Viet Cong, and risked their lives hour ator SHELBY from Alabama, who has caregivers who quit their jobs in order after hour, day after day, in service to done such important work on appro- to take care of them? We have a moral the country they love. priations and our budget. I thank him obligation to fix this, and we have the We made a promise to them: Fight for it. opportunity to get this done right now. for us overseas, and we will fight for I hope that in the next session, this These veterans fought for us and are you when you get back home. When great body will see it in its heart, as dying from their service-connected ill- you step back on U.S. soil, we will ban- well as mind and conscience, to do the nesses. It is past time to do the right dage the wounds you earned in combat, right thing—not sometime in the next thing and pass this bill. We need to do making sure you never feel you sac- 2 years but in the first days and weeks it now, and we should not leave town rificed in vain. so that these veterans have simple jus- until it is done. I am ashamed to say that promise tice. I will champion it. I know col- Thank you. has been broken. For decades now, our leagues on the other side of the aisle I yield back to Senator BLUMENTHAL. government has refused to give them will join us, and we can get it done. We The PRESIDING OFFICER. The Sen- the healthcare and disability benefits must. ator from Connecticut. needed to treat diseases linked to Thank you, Mr. President. Mr. BLUMENTHAL. Mr. President, Agent Orange exposure despite the fact I yield the floor. in closing, I am grateful to my col- that they serviced the very aircraft The PRESIDING OFFICER. The Sen- league from Wisconsin and my col- that sprayed and spread the chemical. ator from Alabama. leagues across the aisle. This measure Despite that they breathed in the air was bipartisan. It was passed unani- and brushed their teeth with water f mously in the House of Representa- that was likely laced with the poison, TRIBUTE TO SENATOR HATCH tives. It should be unanimous here. The they have not been given the money is not a problem. The money is healthcare they need. Mr. SHELBY. Mr. President, I wish there. The predictions about out- Those same healthcare benefits have to start here this morning by thanking landish possible financial exposure are been extended to other troops who my good friend, Senator ORRIN HATCH, simply products of fantasy. I know my fought in the same war during the who happens to be in the Chamber, for Republican colleagues almost unani- same years, but because these blue his more than four decades of service in mously on the other side of the aisle water veterans fought the enemy on the U.S. Senate. We have served to- understand that simple fact. But even the water rather than on Vietnam soil gether in the Senate for 32 years; he if the costs were higher than they are itself, our government won’t lift a fin- was here before then. projected to be, we have an obligation ger to stop their suffering. Tell me that I remember that Senator HATCH was to do the right thing. We have a moral is fair. Tell me that makes a shred of first elected to the Senate in 1976 when duty to make sure we fulfill our prom- sense. Tell me that our Nation should I was still serving in the Alabama ise. abandon the heroes who risked their State Senate. This was his first run for I know the Presiding Officer has been lives for the rest of us, that we should public office but more to come. a strong advocate for our veterans. I leave them to die from cancer or heart Senator HATCH, as we know, is the know my fellow members on the Vet- disease or the litany of other diseases longest serving Republican Senator in erans’ Affairs Committee join me in we know this chemical causes. U.S. history. He is one of only two sit- this belief. Look, I have also gone to war, and ting U.S. Senators to have served dur- The costs of this program are the just as those Americans lost their ing the Presidency of Gerald Ford. He costs of war. They are the costs of health, I was wounded for this country. is one of only two remaining Repub- keeping our troops on the DMZ in But from the moment I woke up in lican U.S. Senators who served during Korea. They are the costs of having Walter Reed, I knew that the VA would the Presidency of Jimmy Carter. sent them to Vietnam. They are the give me the care I needed to recover. Senator HATCH, as we all know, costs of sending our troops to Iraq and These nearly 90 thousand veterans deserves currently as the President pro Afghanistan, and this measure would serve the same. It is long past time we tempore of the U.S. Senate—one of the provide a study of the possible effects pass legislation ensuring that these he- highest honors in the Senate. He has in terms of their health from those roes are not left in pain. chaired three Senate class A commit- kinds of poisonous and toxic exposures. Unfortunately, legislation that would tees during his tenure in the Senate, The modern battlefield is filled with recognize their sacrifice suffered a set- including the Finance Committee, of toxins and poisons, and the injuries back last week, but with the time re- which he is currently the chairman. He that result from them are the costs of maining in this Congress, we still have has chaired with distinction the Judici- war. We need to recognize that fact and the chance to make those veterans ary Committee and the Committee on refuse, absolutely reject the possibility whole, to do the right thing, the obvi- Health, Education, Labor and Pen- that we will continue to delay even ous thing, the American thing. sions. longer the justice these men and To every one of my fellow Senators, Some of his major accomplish- women deserve. please, if we actually want to honor ments—these are just a few—include

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.027 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7838 CONGRESSIONAL RECORD — SENATE December 19, 2018 passage of the historic progrowth, mid- conference about 5 weeks ago when he couldn’t have been done without the dle-class tax reform, the most signifi- endorsed this legislation. stalwart commitment by a somewhat cant tax reform in a generation. His ac- The FIRST STEP Act will help keep unlikely cadre of colleagues and advo- complishments also include confirma- our streets safe, and it offers a fresh cates. We have had to compromise to tion right here in the Senate of con- start to those who put in the work make this possible, to seek to under- servative judges to the Federal bench— when they were in prison to get right stand the other’s points of view. In so hundreds and hundreds—including with the law while paying their debt to doing, I think we made the bill better, playing an instrumental role in the society. It also addresses unfairness in and we accomplished something of his- confirmation of Supreme Court Jus- prison sentencing and revises policies toric significance that will reduce tices Antonin Scalia, Clarence Thomas, that have led to overcrowded prisons crime, make our system more just, and Samuel Alito, and Brett Kavanaugh, as and, of course, ballooning taxpayer ex- improve lives for generations to come. well as, as I said, scores, if not hun- penses. Senators DURBIN and LEE, as I pre- dreds, of district and circuit court Several decades ago, Congress passed viously stated, were instrumental in judges. well-intentioned laws imposing harsh this effort. Their interest in criminal One of Senator HATCH’s particularly mandatory sentences to stop the flow justice reform dates back beyond my noteworthy achievements, among oth- of drugs into our communities, and it getting involved in it in 2014. The exact ers, on the Judiciary Committee is the happened that I voted for those laws, date, I don’t know, but probably after Religious Freedom Restoration Act of but they have also had some unin- Senators LEE and DURBIN joined hands, 1993, a bill he authored and cosponsored tended consequences. Our prison popu- probably soon after Senator LEE came with the late Senator Ted Kennedy. It lation has exploded, and the taxpayers’ to the Senate. Their efforts inspired was landmark legislation allowing burden to house inmates has followed the Senate to take a fresh look at our Americans to live, to work, and to wor- suit. Today, taxpayers pay more than sentencing and prison laws. ship in accordance with their beliefs. $7 billion a year on our Federal prison Senator GRAHAM, the incoming chair- Senator HATCH’s reputation as a population; however, despite that high man of the Judiciary Committee, Sen- statesman and his record of fiscal re- cost, nearly half the inmates released ator CORNYN, and Senator WHITEHOUSE sponsibility even earned him the nick- today are rearrested. have also been with us since the very As a member of the Senate Judiciary name ‘‘Mr. Balanced Budget’’ from beginning of this effort. Committee for the last 38 years, I con- Senators BOOKER and SCOTT both President Reagan. sider myself—then and now—a law-and- share a passion for criminal justice re- Senator HATCH is also widely known order Republican. I am also a taxpayer form and have been vocal advocates, for his musical career and film appear- watchdog, and I believe in the redemp- shining a light on the shortcomings ances. He plays the violin, the piano, tive power of rehabilitation. So in 2015, and societal impact of our current sys- and the organ. Think of the talent this I began to take a closer look at our tem. man has. prison and sentencing laws. We needed Credit is also due to our House col- Senator HATCH and his wife, Elaine, to make the system work better for the leagues—Chairman GOODLATTE, Rank- have been married for more than 50 taxpayers, help law enforcement fight ing Member NADLER, and Congressmen years. They have 6 children, 23 grand- crime, and put a stopper in the revolv- COLLINS and JEFFRIES, who introduced children, and many great-grand- ing prison door. I was led to that effort the FIRST STEP Act in the House. And children. Think of a lifetime achieve- by the efforts of Senator LEE and Sen- thanks to Speaker RYAN for his support ment, and he has, I believe, many years ator DURBIN, who had been working on and pledge to bring this to the House left. similar legislation for probably 3 to 4 floor so quickly. He will be truly missed here in the years before my entry into this debate. At every step along the way, we have Senate, and I wish him all the best in Several States across the country stuck together. We pitched this bill to the next chapter of his life. have developed these education, treat- our colleagues and made changes based I yield the floor. ment, and training programs. The re- on their suggestions. We also relied on I suggest the absence of a quorum. sult has been a significant decline in input and expertise from a variety of The PRESIDING OFFICER. The recidivism. This means fewer crimes, groups from across the political spec- clerk will call the roll. fewer victims, and fewer tax dollars trum. In the end, this campaign earned The senior assistant legislative clerk spent housing inmates. the support of several top law enforce- proceeded to call the roll. The FIRST STEP Act is carefully ment and tough-on-crime champions, The PRESIDING OFFICER. The Sen- crafted to provide opportunities at re- such as President Trump. ator from Iowa. demption for low-risk inmates, while I think it is important to acknowl- Mr. GRASSLEY. Mr. President, I ask ensuring that dangerous and career edge the President’s leadership on this unanimous consent that the order for criminals stay behind bars. It does this issue. When he got involved, he closed the quorum call be rescinded. through a multilayer system that fil- the deal, and we got this done. He was The PRESIDING OFFICER. Without ters out dangerous criminals and those helped in that effort by Jared Kushner. objection, it is so ordered. likely to commit new crimes. Early in President Trump’s adminis- f The bill rewards those who take per- tration, I happened to be in the Oval FIRST STEP ACT sonal responsibility for their mistakes Office of the new President. Jared and want to put in the time and will Kushner was there, and we discussed Mr. GRASSLEY. Mr. President, put in the time and effort to turn their taking up criminal justice reform. I today is a good day for representative lives around. just asked him if he was interested in government, it is a good day for the It improves fairness in sentencing it. I wanted to give him a phone call, so taxpayers, and it is a good day for safe while preserving important law en- we had that phone call. He took the streets and strong families. It is also a forcement tools. issue and ran with it and helped find a good day to emphasize that many It reduces some mandatory minimum way forward to accomplish something times Congress acts in a bipartisan sentences, but it also expands their ap- previous administrations had tried and way, and probably not enough so we plication to include violent felons. failed to do. Brooke Rollins and Ja’Ron get credit for it. But last night, one of It grants judges additional discretion Smith at the White House were also in- these bipartisan pieces of legislation to sentence low-level, nonviolent of- strumental in this effort, working with passed by a vote of 87 to 12. That hap- fenders to less lengthy sentences as Jared Kushner. pened when the Senate adopted the long as they fully cooperate with law I would also like to thank the major- FIRST STEP Act. enforcement. Finally, it eliminates the ity leader for staying true to his word Today, the House is expected to send disparity in sentences for crack and and bringing this bill to the floor when it to the President, who is waiting with powder cocaine offenses, which dis- we demonstrated the support for our a pen in hand to enact once-in-a-gen- proportionately impacts communities effort that he demanded. In the end, I eration criminal justice reform. I am of color. appreciated his vote for this bill. confident that the President is ready Passing these reforms has been a Thanks also is due to the Senate to do that because I attended the news team effort years in the making. It floor staff on both sides of the aisle

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.029 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7839 who helped us successfully navigate tion of Chiefs of Police, the National Institute for Prison Ministries; International the bill to final passage. Organization of Black Law Enforce- Community of Corrections Associations; I want to thank my Senate staff, who ment Executives, the National District Fairness, Dignity & Respect for Crime Vic- tims & Survivors; Crime Survivors for Safety helped make this possible. Bipartisan Attorneys Association, the Association and Justice; Just Detention; Justice and Se- compromise is not for the faint of of Prosecuting Attorneys, and Law En- rious Mental Illness; Lifted from the Rut. heart, and they have stayed true to the forcement Leaders. National Conference of State Legislatures; commitment that Senator DURBIN and I am getting to the end. I would also National Criminal Justice Association; Na- I made to each other to move forward like to thank the groups that made tional Governors Association; National In- step-by-step in complete agreement this effort possible. A diverse group carceration Association; Progressive Na- and broad coalition of other groups, tional Baptist Convention; Returning Home; about the path we should take and the Samuel DeWitt Proctor Conference; Society path we had to take. from the ACLU to the American Con- of St. Vincent de Paul; Sojourners; The Epis- I would like to thank my Judiciary servative Union, supported this bill. I copal Church; The Sentencing Project; U.S. Committee staff director, Kolan Davis. can’t list all the groups that offered Conference of Mayors; U.S. Conference of Kolan’s steady hand and sound judg- their key support, but they include Catholic Bishops; Valor Village Foundation; ment improves everything he is in- FreedomWorks, Justice Action Net- Wesleyan Church. volved in. I value his counsel today, work, Americans for Tax Reform, Her- US Chamber of Commerce; Business Roundtable; National Retail Federation; The just as I have for the last 33 years. itage Action, the Due Process Insti- Associated General Contractors of America; By my side today is Aaron Cum- tute, Faith & Freedom Coalition, R Associated Builders & Contractors; National mings, my chief Constitution counsel Street, Right on Crime, Texas Public Association of Homebuilders; National Elec- and crime counsel. He led the effort to Policy Foundation, Prison Fellowship, trical Contractors Association; Job Creators negotiate this bipartisan deal in my of- and members of the Interfaith Crimi- Network; National Restaurant Association; fice and worked hard to see it through nal Justice Coalition. Asian American Hotel Owners Association; and to organize a vast coalition of sup- To treat everybody fairly, I ask Small Business & Entrepreneurship Council; National Association of Broadcasters; port. Of course, he also worked closely unanimous consent that a complete Plumbing-Heating-Cooling Contractors Asso- with other committee staff members in list of support be printed for the ciation; National Grocers Association; Inter- that direction. RECORD. national Franchise Association; U.S. Black I would also like to thank Brian There being no objection, the mate- Chamber of Commerce. Simonsen for his diligent work on this rial was ordered to be printed in the Justice Action Network; (Alliance of Auto- important bill. RECORD, as follows: mobile Manufacturers; National Association Our Department of Justice detailees of Home Builders; U.S. Chamber of Com- The Heritage Foundation; American Enter- merce; Arizona Free Enterprise Club; Connie to the Judiciary Committee, Tom Sul- prise Institute; Right on Crime; Americans Wilhelm, CEO, Home Builders Association of livan and Erin Creegan, provided very for Tax Reform; FreedomWorks; Independent Central Arizona; Don Finkel, CEO, American good technical advice. Women’s Forum; ALEC Action; Bridges to OEM; Gene Barr, President & CEO, Pennsyl- My sincere thanks also goes to my Life; Calvert Institute for Policy Research; vania Chamber of Business & Industry; Guy talented communications team—Tay- American Conservative Union; Common- Ciarrocchi, President, Chester County Cham- wealth Foundation; Faith and Freedom Coa- ber; Kalamazoo Probation Enhancement Pro- lor Foy, Judiciary Committee commu- lition; The James Madison Institute; Florida nications director, and George Hart- gram; Kansas Chamber of Commerce; Kevin Tax Watch; Pelican Institute; R Street Insti- Schmidt, Executive Director, Ohio Cast Met- mann, Judiciary Committee press sec- tute; Rio Grande Foundation; Texas Public als Association; Lincoln Trail Home Build- retary, as well as Michael Zona—for Policy Foundation; Fraternal Order of Po- ers; Louisiana Association of Business and their dedication to this effort and their lice. Industry; Matt Smith, President, Greater successful campaign to educate and International Association of Chiefs of Po- Pittsburgh Chamber of Commerce; Michigan persuade so many to support this bill. lice; International Union of Police Associa- Association for Community Corrections Ad- tion AFL–CIO; National District Attorney’s I am also thankful for my personal vancement; Saginaw County Chamber of Association; Sixty Sheriff’s Letter—Led by Commerce); National Football League; FOX; office staff, led by my chief of staff, Sheriff Hodgson of Bristol County, Mary- Jill Kozeny. Jill has been my trusted US Travel Association; Realtors; The GEO land; National Organization of Black Law Group, Inc.; National Association of Manu- adviser for over 30 years. She is leaving Enforcement Executives; Law Enforcement facturers. Leaders to Reduce Crime & Incarceration; my staff, and I will be sad to see her Mr. GRASSLEY. This was a com- go. She has been an exceptional leader, Jackson County Sheriff’s Department, Kan- sas; Rockingham County Sheriff’s Depart- bined effort, one on a scale not often solving problems that I didn’t even seen in Washington these days. I am know I had, and she has done it all ment, North Carolina; Families Against Mandatory Minimums; Center for American grateful for everyone’s work to bring with matchless grace and what I like Progress; Prison Fellowship; #cut50; Latinos about these historic reforms. Together, to call Iowa nice. for Tennessee; Bernice King; 2000 Faith Lead- we have taken steps to reduce crime I am also grateful to Jennifer Heins, ers Letter of Support; Brother Franklin Gra- and recidivism, to strengthen faith and who keeps me on track and provides ham. fairness in the criminal justice system, sound strategic advice. Pastor Paula White; Pastor Jentezen and to signal to those willing to make Their contributions and those of Franklin; Pastor Jack Graham; Alveda King; Pastor Darrell Scott; Rabbinical Alliance of amends that redemption is within their every staffer who was part of this ef- reach. Together, we have taken an im- fort have been invaluable. America; Skvere Community; Young Israel; Satmar Community; Catholic Charities USA; portant step to live up to the commit- I would like to thank Senator DUR- The Kairos Group; Move the Earth Min- ment we make every time we pledge al- BIN’s staff, particularly his chief coun- istries; Aleph Institute; Christian Commu- legiance to the flag of the United sel, Joe Zogby, and his counsel, Rachel nity Development Association; City Gate States: to provide liberty and justice Rossi. Working with my staff, the Network. for all. White House, and others, they must Council for Christian Colleges & Univer- I yield the floor. have helped us close the deal more sities; National Association of Evangelicals; The PRESIDING OFFICER (Mrs. National Hispanic Christian Leadership Con- than a dozen times. That is an exam- HYDE-SMITH). The assistant Demo- ple—maybe it is 10 times; maybe it is ference; Kingdom Mission Society; National Latino Evangelical Coalition; Louisiana cratic leader. 20 times. But closing deals many times Family Forum; Southern Baptist Ethics & Mr. DURBIN. Madam President, let is what it takes to get to the biparti- Religious Liberty Commission; American me first say how grateful I am to Sen- sanship that it took to get 87 votes on Bus Association; American Clergy Network; ator GRASSLEY for his friendship, No. this bill. Of course, in the end, their American Correctional Association; Amer- 1., and his leadership, No. 2. It has been dedication—and that includes cre- ican Jail Association; Association of Pros- one of the highlights of my Senate ex- ativity and every effort they could put ecuting Attorneys; Association of State Cor- perience to work with him on this bill. forth—got the job done. rections Administrators; Baltimore Ravens; We trust one another. It reached a I want to give particular thanks to Bread for the World. CAN-DO Foundation; Circle of Protection; point where he said: I am not going to the law enforcement groups whose sup- Citygate Network; Douglass Leadership In- make a big decision unless you tell me port and input were key to the bill’s stitute; Due Process Institute; Evangelical it is all right, and I hope you will feel success, including the Fraternal Order Lutheran Church in America; Flikshop; the same way when it comes to deci- of Police, the International Associa- Friends Committee on National Legislation; sions affecting me. And I did, and it

VerDate Sep 11 2014 04:15 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.030 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7840 CONGRESSIONAL RECORD — SENATE December 19, 2018 paid off because we came to trust one No matter what assignment I give to ly become a valuable asset, not just to another. We worked together to reach Joe Zogby, whether it is the most tech- my office but to the Senate when we a point last night where we passed a nical, difficult, and challenging immi- consider the options under the Senate bill which I think will be judged in a gration issues or coming up with a new rules. positive way in the history of our coun- system of criminal justice or improve- Having been parliamentarian in the try. ments to our system criminal justice, Illinois State Senate for 10 or 12 years, I might add that Senator MIKE LEE of he always rises to the occasion. I am I can tell you that those who work in Utah was an early ally in this effort, truly blessed to have him as my chief the parliamentarian’s office, as well as but our team wasn’t putting together a counsel. I may get the headlines, but, those in support staff who are inter- winning record until CHUCK GRASSLEY believe me, Joe Zogby deserves the ested in Senate procedure, are abso- joined the squad—not only joined it credit. lutely essential to the successful con- but led it. Then we brought in CORY By his side was Rachel Rossi. Rachel sideration of important bills. Reema is BOOKER, who was a valuable spokes- is a detailee to our office. She comes in a unique position of helping to ma- person and ally when it came to bring- from the public defender’s office. She neuver and whip the bill on both the ing groups together on the left and in told me this morning that they had Democratic and Republican sides of the the center to achieve this bill. Last warned her ahead of time this was aisle. She certainly did her job last night, the four of us celebrated a vic- probably going to be a pretty lack- night with 87 votes in favor of our leg- tory. But the victory was not ours; it luster and boring experience, and noth- islation. was a victory for the American people ing serious was going to be considered MJ Kenny is by her side. He is the and for those who want to make sure or passed during the time she was a deputy floor director. He was always in we have a just system when it comes to detailee. Well, quite the opposite was the cloakroom and always on the floor criminal law and prison terms that fol- true. She was here to be an integral to ensure the FIRST STEP Act had a low from those convicted. part of the construction of this legisla- fair shot of consideration and passage. For those three Senators who joined tion and its passage. She is leaving as MJ and Reema are an incredible floor me, I can’t thank you enough. I really detailee at the end of the year, and I team. I am lucky to have them, and I hope we can get the band back together am going to miss her. While she will be thank them both. sometime for another issue. Maybe it is missed, she is leaving our office on the Corey Tellez is my legislative direc- the second step. Whatever it is, I would highest possible note. tor. She ensured that all of the staff like to continue to work with this Rachel, I wish you the best. You were worked together to finalize the bill. group and expand it to those who would an important part of the legislation She kept our office and other offices like to be part of our effort. that passed last night. well informed every step of the way. I think we showed something last Stephanie Trifone is our office coun- Emily Hampsten, my communica- night that most American people sel. She is involved in every issue that tions director, has been sending out wouldn’t believe: that a bipartisan goes through the Senate Judiciary messages from my office on a bipar- group of Senators from across the po- Committee. She played a supporting tisan basis from the beginning. She is litical spectrum could tackle one of the role to ensure that the bill was prop- always there with a smile and does pro- toughest political issues of our day; as- erly written and fielded countless calls fessional work, and I thank her so semble an array of support—left, right, and emails to keep our Senate staff and much for her work. and center—from Members of the Sen- other staff well informed. She has been Claire Reuschel is my director of ate, as well as organizations devoted to a steady hand, and we needed her every scheduling. She controls my life more law enforcement and civil rights; and step of the way. than anyone other than my wife. She at the end of it, have something we all The rest of my team has its own as- sends me places when she thinks it is felt was a fair product to send over to signments. Some of them worked tan- right, and she usually has good judg- the House, which I hope will act on this gentially on this bill, but I really ment in those decisions. She has navi- very quickly. couldn’t function without Dan Swan- gated thousands of meetings and phone I will say a few words about how we son. He takes another agenda in the calls on this legislation and so many reached that point in a moment, but I Senate Judiciary Committee, pri- other things. To say that she is an im- want to take time now, as Senator marily on the civil side, and there is portant part of this process is a gross GRASSLEY has, to honor the staff of my none better. There are times when peo- understatement. office, who have done such an excep- ple who were so-called experts would Finally, Pat Souders is my chief of tional job to bring us to this moment. visit my office and say: Where does this staff. He has been with me from the be- Joe Zogby. Joe has been my chief Swanson learn all of these issues in ginning. He started off in the House counsel for several years now. For 6 such detail? and now has assembled, I think, the years, he has worked tirelessly to get Well, he is a pretty bright guy, and I best team on Capitol Hill. I thank him this legislation through the Senate— am lucky to have him. His day in the for not only finding these talented peo- and I mean tirelessly. He fielded calls hot seat will soon come when we face ple but making sure that they get to negotiate the provisions of this bill another issue. along with one another and that in at the same time he was coaching his Debu Gandhi is an associate counsel. their cooperation we can serve the peo- sons in baseball and trying to take care He is relatively new compared to the ple of Illinois first and the Nation in of his family responsibility. Joe was others, but I like his style and his de- the most effective way. I couldn’t do it available every hour of the day and termination. I have never asked any- without Pat Souders. night. thing of him that he hasn’t produced Let me say that this moment in his- A special word of thanks to his wife, the very best quality project in a time- tory arrived because we had an idea Lamece Baligh, and their sons, James, ly way. that was due; it is an idea whose time Elias, and Luke. I want to apologize to Manpreet Kaur Teji is the legislative was due. It was due for a number of them for taking their dad away so correspondent who has to field all of reasons. many times for lengthy conversations, the mail when I get up and give speech- Thirty years ago, in the war on but we would never have reached suc- es that either make people happy or drugs, we were so frightened by crack cess last night without that input from angry. I thank her for her commitment cocaine that as a House Member, I their father and husband. to our office. ended up casting what I considered one This win would not have happened I want to say a word about my floor of the worst votes in my career. I voted without the dogged determination of staff. Reema Dodin has been with me for the 100-to-1 crack to powder dis- Joe Zogby. He is a rabid Phillies fan, so since she was an intern in my office in parity in sentencing. It meant what it he is always looking forward to the Chicago. She went on to graduate law said: You would get 100 times the pen- next season and the next victory. Last school and came to join my staff and alty for the same amount of crack co- night, finally, we won the World Series eventually became my floor director. I caine as you would have in powder co- and passed this bill on the floor of the didn’t realize how much she was study- caine—the same narcotic, different Senate. ing Senate procedure, but she has real- form, dramatically different results.

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.031 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7841 We tried this in an effort to scare That is something our opioid legisla- such a big burden in these areas of vic- America straight, to let them know we tion of several weeks ago moves toward tims’ rights and child protection. were serious. We would get tough and solving. During my tenure as chairman of the use all of the political muscle we could The other thing we have come to un- Senate Judiciary Committee, I have find to stop the spread of crack co- derstand is, the cost of the current sys- made it a top priority to champion bi- caine. It was cheap. It was easily pro- tem is unsustainable. We cannot con- partisan initiatives to enhance vic- duced. It was deadly, especially to the tinue to fill our prisons at great ex- tims’ rights and to protect our Nation’s fetus being carried by the addicted pense and not put money into things at-risk children. In the 115th Congress, mother, and it scared us. I voted for that count in terms of protecting our as an example, I introduced and led the that bill and have regretted it ever communities. Arresting someone after Senate in approving multiple bills to since. the crime is, of course, part of a just prevent crime, identify missing chil- I know what happened; it didn’t society, but it doesn’t stop that origi- dren, enhance services to crime vic- work. You couldn’t scare people nal crime from happening. We have to tims, and reform our juvenile justice straight. We ended up with more people think about the crime prevention that system. addicted. The price of drugs on the makes our homes and neighborhoods I am proud of what we have achieved street went down, and we started fill- and towns and cities safe all across on the Judiciary Committee during ing our prisons, primarily with Afri- America, and that was part of the cal- this period of time, as we sent a half can-American and Latinos inmates culation last night in this embarkation dozen of the measures I just described who were convicted under these crimes. on a new approach. to the President’s desk after both We knew in our heart of hearts that Finally, I want to say that virtually Chambers passed them, surprisingly, like so many other laws, it was unfair. every major issue that passes on the on a unanimous basis. For example, The majority—majority—of users of floor of the U.S. Senate—virtually last October, we passed, and the Presi- narcotics and dealers of narcotics are every single one of them—has someone dent signed, the Elder Abuse Preven- White. Seventy-five percent of those backing it, pushing for it with a per- tion and Prosecution Act. This meas- who are convicted and sent to prison sonal passion on the issue. I feel—not ure, which I sponsored with Senator for crimes related to drug dealing and personally but having visited so many BLUMENTHAL, increases penalties for use are African American and Latino. prisons and worked with so many peo- the fraudsters who target our senior This disparity on its face tells us ple who have served time in those pris- citizens. It requires Federal agencies to that our system was fundamentally un- ons—that we need to have a more just collect more data on financial exploi- fair and ineffective. I believe that is system, a more effective system. tation of the elderly, which is, of the reason we decided last night to I want to give credit where it is due. course, a terribly underreported crime. stop trying to muscle our way through Jared Kushner, President Trump’s son- It also calls for specialized training of the drug war and start using our in-law, spoke to me about his feelings Federal investigators and prosecutors brains: What is it that will work, that on prison reform the first time we ever who handle these cases. will make certain those who are truly met. I know it is personal to him, and The second measure, which I intro- guilty pay a price and those who can be I know it means a lot to him and his duced and the President signed last rehabilitated get that chance? It is as family. Because he cared and because January, is Kevin and Avonte’s Law. basic as that. he mobilized the conservative side of This new law is named in honor of two There is a second thing that has hap- the political equation, we had an amaz- boys with autism who tragically died pened in America in recent years, and ing vote last night with 87 Members of after wandering away from their care- it is heartbreaking when you see the the Senate supporting the bill. All of giver. It calls for the Justice Depart- results. We are facing the worst drug the Democrats and then, on top of that, ment to award grants to equip school epidemic in our history. For the first 39 of the Republicans were also sup- personnel, caregivers, and first re- time in decades—maybe in modern portive of the bill. I might add, Senator sponders with training to help identify memory—we are being told that life ex- LINDSEY GRAHAM was absent. Now that missing persons with autism or Alz- pectancy in the United States is going he is back from Afghanistan, he told us heimer’s disease. It also permits grant down. It is because of the opioid drug he would have made it 88 if he were funds to be used for technologies that epidemic. Thousands of people are here. advance the search for missing children dying because of overdoses of opioids, I will close by saying thank you with developmental disabilities. heroin, and fentanyl. again to Senator GRASSLEY. Thanks to This legislation is important because The opioid epidemic has opened our Aaron Cummings. I thanked him per- research suggests that at least one- eyes to something else. Narcotics and sonally last night. He worked so close- third of the children with autism re- their problems are not confined to the ly with Joe Zogby and with Rachel peatedly wander away from safety. inner city. They are not confined to Rossi during the course of this; they Since 2015, we have seen a doubling in people of color, and they are not con- really became a team. I think it was the number of wandering-related fined to the poor. This opioid epidemic one of the reasons we closed this deal deaths, according to SafeMinds, a non- has touched every corner of America in and sent it to the House. It is, however, profit organization that advocates for every State. There is no suburb too the first step. We have to start think- these children. wealthy, no town so small that it can ing about the second step, and we need I thank Senators SCHUMER, TILLIS, avoid this opioid epidemic. What it has the help of all of our colleagues. done, sadly, is educate all of us in what I yield the floor. and KLOBUCHAR for joining as cospon- happens with addiction and what we The PRESIDING OFFICER. The Sen- sors of Kevin and Avonte’s Law. need to do to fight it. ator from Iowa. Third, I introduced, and both Cham- We now look at drug addiction not as Mr. GRASSLEY. Madam President, I bers this week cleared, legislation to a moral curse but, rather, as a disease thank Senator DURBIN for his kind re- extend the important victim services that needs to be treated. That doesn’t marks—more importantly, for 3 years programs that the Trafficking Victim mean we should give up on prosecuting of working together on this legislation, Protection Act established. kingpins and doing everything we can and it is great that it paid off. I led our Judiciary Committee in to stop the flow of narcotics, but we f clearing this measure and a com- have come to realize that just sticking plementary bill introduced by Senator someone in jail, if they lived long VICTIMS’ RIGHTS AND CHILD CORNYN. Our bills, which were cospon- enough to reach that point in their PROTECTION sored by Senators Feinstein and Klo- lives, is no guarantee they are going to Mr. GRASSLEY. Madam President, I buchar, soon will go to the President’s come out of jail without that addic- come to the floor to speak about the desk for signatures. tion. We have to be thoughtful. work of the Senate on victims’ rights Both measures will help us to combat We also have to have rehabilitation and child protection measures and also modern human slavery which, unfortu- that is available for people across the to highlight the work of Evelyn nately, is alive and well today in this board, whether they are rich or poor. Fortier, staff member, who has carried country. It exists in the form of sex

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.032 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7842 CONGRESSIONAL RECORD — SENATE December 19, 2018 and labor trafficking. Through decep- in a meaningful way to these laws, tempted to pass some version of a bill tion, threats, or violence, the perpetra- their developments, and passage. that would recognize lynching for what tors of these crimes will do whatever it Once again, I want to thank Evelyn it is—a biased, motivated act of terror. takes to turn a profit and are doing it Fortier of my staff for her hard work in Today, Senator HARRIS and I have re- at the victim’s expense. these areas. quested that after a century—after 100 Fourth, I this year championed legis- I yield the floor. years and over 200 bills introduced in lation to renew and extend the Missing The PRESIDING OFFICER. The Sen- this body—we finally make lynching a Children’s Assistance Act. This meas- ator from California. Federal crime in the United States of ure, which the President signed this f America. fall, makes funds available over the JUSTICE FOR VICTIMS OF Thanks to the work of incredible peo- next 5 years for the National Center for LYNCHING ACT OF 2018 ple around this country—truth tellers Missing and Exploited Children to con- such as Brian Stevenson and the Equal tinue to do its important work. The Ms. HARRIS. Madam President, over Justice Initiative—today, we have a National Center partners with law en- 2 months ago, the Senate Judiciary more comprehensive understanding of forcement and communities across the Committee unanimously voted to adjust how widespread and purposefully United States in the effort to identify vance the Justice for Victims of lynching was used as a tool of racial and rescue missing and abused chil- Lynching Act of 2018, which I intro- terror and oppression in our history. duced proudly with Senators BOOKER dren. We know that the Equal Justice Ini- and SCOTT. This is a historic piece of The fifth measure I introduced in tiative was able to document thou- legislation that would criminalize this Chamber with Senator WHITE- sands of cases—over 4,000 documented lynching, attempts to lynch, and con- HOUSE would renew and update the Ju- cases of racially motivated lynchings spiracy to lynch, for the first time in venile Justice and Delinquency Preven- between 1877 and 1950. During that America’s history. tion Act. That law has not been up- time, lynchings were used to terrorize Lynching is a part of the dark and dated since 2002. communities. They weren’t only vi- despicable aspect of our country’s his- I introduced a measure on this sub- cious acts of murder against individ- tory that followed slavery and out- ject for the first time in the 114th Con- uals, but in many cases bodies were rageously continued unabated in our gress. This year we concluded our nego- hung trying to drive fear into commu- country. According to the Equal Jus- tiations with the House on a final nities to make them submit to second- tice Initiative, lynching was used as an version of this legislation, known as class citizenship and inconsistent jus- instrument of terror and intimidation the Juvenile Justice Reform Act. tice. The measure we adopted last week, 4,084 times during the late 19th and The use of lynching as a larger part which is on its way to the President’s 20th centuries. These lynchings were of terrorism is disturbing. It is a dark desk for signature, reflects the over- needless and horrendous acts of vio- chapter of our past and part of our his- sight work that I carried out several lence motivated by racism. We must tory. Its legacy doesn’t just live in our years ago. This oversight, which was acknowledge that fact, lest it be re- history books. Despite activists and or- the subject of a 2015 Judiciary Com- peated. ganizations that have dedicated them- mittee hearing, revealed a flawed grant Lynching is a crime committed selves to studying and addressing the program but also one worth saving be- against innocent people. These crimes racial terror in our history, we have cause of its potential benefits for our should have been prosecuted. There failed to correct for many of those past Nation’s at-risk youth. were victims who should have received The reforms that we have adopted justice, but they did not. sins. also help to ensure the fairer treat- With this bill we are finally able to We know that the passage of this bill ment of minors in detention through change that and correct a burden on will not undo the damage, the terror, greater screening and treatment of our history as a country. We finally and the violence that have been done mental illness and substance abuse. have a chance to speak the truth about and the lives that were brutally taken This new law also promotes an end to our past and make clear that these in our past. We do know that the pas- the shackling of girls who give birth in hateful acts should never happen again sage of this bill, even though it cannot detention. It encourages greater sepa- without serious, severe, and swift con- reverse the irrevocable harm caused by ration of juveniles and adult offenders sequence and accountability. lynching used as terrorist oppression, in detention, and ensures that detained From 1882 to 1986, the U.S. Congress is a recognition of that dark past. We youth can continue their education. It failed to pass anti-lynching legislation know that when wrongs are ignored will give these young people who come when it had an opportunity 200 times. they fester underneath the skin of the into contact with the juvenile justice We now have an opportunity to pass body politic, and we know that justice system a better chance of turning their this bill and to offer some long overdue delayed is justice denied. Today, this is lives around. justice and recognition to the victims a moment of potential justice in this I should add that we included ac- of lynching and their families—rec- body, a reckoning to the victims of countability provisions in virtually ognition that these are crimes for lynching that for too long have been every grant funding measure reported which there should be severe con- denied. by the Judiciary Committee during my sequence and accountability. I want to go back to a point in his- 4 years as chairman. The inclusion of I now yield to my friend, the Senator tory in this body. The very first bill in- this language, which I authored several from the great State of New Jersey, troduced by Congress to address the years ago in statutes authorizing Fed- CORY BOOKER. terror of lynching was by a man on the eral grant programs, will help to en- The PRESIDING OFFICER. The Sen- other side of the Capitol, Congressman sure that taxpayers’ dollars are used ator from New Jersey. George Henry White, in 1900. The year wisely and, quite frankly, according to Mr. BOOKER. Thank you, Madam after it was introduced, in 1901, was the law. President. last year he would serve in Congress. I want, again, to thank my col- I want to thank Senator HARRIS for That is because Congressman White leagues from the Judiciary Committee her incredible partnership and leader- was the very last Black Congressman who joined me as cosponsors of these ship on this bill, and I want to thank of the group who had been elected to and other new laws in this area. Senator TIM SCOTT of South Carolina Congress during Reconstruction. I also want to thank the nonprofit for his leadership and for the con- Congressman White’s departure in groups, such as the National Autism sistent examples of character and in- 1901 would be the last time an African- Association, the Elder Justice Coali- tegrity they both have shown as my American Black southerner would tion, and the Coalition for Juvenile partners on this legislation in this serve in Congress for over 70 years. Justice, as well as individual advo- body. Congressman White must have had an cates, who include Bob Blancato, Stu- As my colleague has said, it has been understanding of what was to come art Spielman, Lisa Wiederlight, Marion a very long time coming. For over a with the long dearth of time and the Mattingly, and others who contributed century, Members of Congress have at- lack of diversity. He knew the terror of

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.034 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7843 Jim Crow laws and voter disenfran- The PRESIDING OFFICER. Without rights abroad, 90 Members of the United chisement that would stop the election objection, it is so ordered. States Senate agreed to Senate Resolution of African-Americans. The amendment (No. 4168) in the na- 39, 109th Congress, on June 13, 2005, to apolo- In his last speech in this body on gize to the victims of lynching and the de- ture of a substitute was agreed to. scendants of those victims for the failure of January 29, 1901, 1 year after he intro- (The amendment is printed in today’s the Senate to enact anti-lynching legisla- duced the bill to criminalize lynching, RECORD under ‘‘Text of Amendments.’’) tion. he delivered a farewell address he The bill, as amended, was ordered to (16) The National Memorial for Peace and called ‘‘The Negro’s Temporary Fare- be engrossed for a third reading and Justice, which opened to the public in Mont- well to the American Congress.’’ was read the third time. gomery, Alabama, on April 26, 2018, is the In that address to Congress over one Ms. HARRIS. I know of no further de- Nation’s first memorial dedicated to the leg- century ago, he made the same request bate on the bill. acy of enslaved Black people, people terror- ized by lynching, African Americans humili- that Senator HARRIS and I are making The PRESIDING OFFICER. Is there ated by racial segregation and Jim Crow, and right now—for the United States to of- further debate? people of color burdened with contemporary ficially criminalize lynching. Hearing none, and the bill having presumptions of guilt and police violence. Congressman White said: been read the third time, the question (17) Notwithstanding the Senate’s apology Mr. Chairman, permit me to digress for a is, Shall the bill pass? and the heightened awareness and education few moments for the purpose of calling the The bill (S. 3178), as amended, was about the Nation’s legacy with lynching, it attention of the House to a bill which I re- passed, as follows: is wholly necessary and appropriate for the gard as important, introduced by me in the Congress to enact legislation, after 100 years S. 3178 early part of the first session of this Con- of unsuccessful legislative efforts, finally to gress. Be it enacted by the Senate and House of Rep- make lynching a Federal crime. [It was intended] to give the United States resentatives of the United States of America in (18) Further, it is the sense of Congress control and entire jurisdiction over all cases Congress assembled, that criminal action by a group increases the of lynching and death by mob violence. SECTION 1. SHORT TITLE. likelihood that the criminal object of that During the last session of this Congress I This Act may be cited as the ‘‘Justice for group will be successfully attained and de- took occasion to address myself in detail to Victims of Lynching Act of 2018’’. creases the probability that the individuals this particular measure, but with all my ef- SEC. 2. FINDINGS. involved will depart from their path of crim- forts, the bill still sweetly sleeps in the room Congress finds the following: inality. Therefore, it is appropriate to speci- of the committee to which it was referred. (1) The crime of lynching succeeded slav- fy criminal penalties for the crime of lynch- The necessity of legislation along this line is ery as the ultimate expression of racism in ing, or any attempt or conspiracy to commit daily being demonstrated. The arena of the the United States following Reconstruction. lynching. lyncher no longer is confined to Southern (2) Lynching was a widely acknowledged (19) The United States Senate agreed to climes, but is stretching its hydra head over practice in the United States until the mid- unanimously Senate Resolution 118, 115th all parts of the Union. dle of the 20th century. Congress, on April 5, 2017, ‘‘[c]ondemning Referring to the terror of lynching, (3) Lynching was a crime that occurred hate crime and any other form of racism, re- Congressman White knew that ‘‘the throughout the United States, with docu- ligious or ethnic bias, discrimination, incite- evil peculiar to America, yes, to the mented incidents in all but 4 States. ment to violence, or animus targeting a mi- United States, must be met, somehow, (4) At least 4,742 people, predominantly Af- nority in the United States’’ and taking notice specifically of Federal Bureau of Inves- some day . . . ’’ rican Americans, were reported lynched in the United States between 1882 and 1968. tigation statistics demonstrating that Well, now in this moment in Amer- ‘‘among single-bias hate crime incidents in ica, we have a chance to make some (5) Ninety-nine percent of all perpetrators of lynching escaped from punishment by the United States, 59.2 percent of victims day today. We have the opportunity to State or local officials. were targeted due to racial, ethnic, or ances- recognize the wrongs of our history, to (6) Lynching prompted African Americans tral bias, and among those victims, 52.2 per- honor the memories of those brutally to form the National Association for the Ad- cent were victims of crimes motivated by killed, and to leave a legacy that fu- vancement of Colored People (referred to in the offenders’ anti-Black or anti-African ture generations can look back on, this section as the ‘‘NAACP’’) and prompted American bias’’. (20) On September 14, 2017, President Don- knowing that after 200 attempts over members of B’nai B’rith to found the Anti- Defamation League. ald J. Trump signed into law Senate Joint the course of 100 years of trying, on Resolution 49 (Public Law 115–58; 131 Stat. this day in American history this body (7) Mr. Walter White, as a member of the NAACP and later as the executive secretary 1149), wherein Congress ‘‘condemn[ed] the will do the right thing. of the NAACP from 1931 to 1955, meticulously racist violence and domestic terrorist attack So I would recognize my colleague investigated lynchings in the United States that took place between August 11 and Au- from California for the historic calling and worked tirelessly to end segregation and gust 12, 2017, in Charlottesville, Virginia’’ up of this piece of legislation. racialized terror. and ‘‘urg[ed] the President and his adminis- The PRESIDING OFFICER. The Sen- (8) Nearly 200 anti-lynching bills were in- tration to speak out against hate groups ator from California. troduced in Congress during the first half of that espouse racism, extremism, xenophobia, Ms. HARRIS. Madam President, I the 20th century. anti-Semitism, and White supremacy; and (9) Between 1890 and 1952, 7 Presidents peti- use all resources available to the President thank my friend Senator BOOKER. It is and the President’s Cabinet to address the truly an honor to be on the floor of the tioned Congress to end lynching. (10) Between 1920 and 1940, the House of growing prevalence of those hate groups in Senate with my colleague and friend Representatives passed 3 strong anti-lynch- the United States’’. proposing this legislation. ing measures. (21) Senate Joint Resolution 49 (Public Madam President, I ask unanimous (11) Protection against lynching was the Law 115–58; 131 Stat. 1149) specifically took consent that the Committee on the Ju- minimum and most basic of Federal respon- notice of ‘‘hundreds of torch-bearing White diciary be discharged from further con- sibilities, and the Senate considered but nationalists, White supremacists, Klansmen, sideration of S. 3178 and the Senate failed to enact anti-lynching legislation de- and neo-Nazis [who] chanted racist, anti-Se- mitic, and anti-immigrant slogans and vio- proceed to its immediate consider- spite repeated requests by civil rights groups, Presidents, and the House of Rep- lently engaged with counter-demonstrators ation. on and around the grounds of the University The PRESIDING OFFICER. The resentatives to do so. (12) The publication of ‘‘Without Sanc- of Virginia in Charlottesville’’ and that clerk will report the bill by title. tuary: Lynching Photography in America’’ these groups ‘‘reportedly are organizing The bill clerk read as follows: helped bring greater awareness and proper similar events in other cities in the United A bill (S. 3178) to amend title 18, United recognition of the victims of lynching. States and communities everywhere are con- States Code, to specify lynching as a depri- (13) Only by coming to terms with history cerned about the growing and open display of vation of civil rights, and for other purposes. can the United States effectively champion hate and violence being perpetrated by those There being no objection, the com- human rights abroad. groups’’. mittee was discharged and the Senate (14) An apology offered in the spirit of true SEC. 3. LYNCHING. repentance moves the United States toward (a) OFFENSE.—Chapter 13 of title 18, United proceeded to consider the measure. States Code, is amended by adding at the end Ms. HARRIS. I further ask unani- reconciliation and may become central to a new understanding, on which improved ra- the following: mous consent that the substitute cial relations can be forged. ‘‘§ 250. Lynching amendment be agreed to and that the (15) Having concluded that a reckoning ‘‘(a) IN GENERAL.— bill, as amended, be considered read a with our own history is the only way the ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- third time. country can effectively champion human CEIVED RACE, COLOR, RELIGION, OR NATIONAL

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.035 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7844 CONGRESSIONAL RECORD — SENATE December 19, 2018 ORIGIN.—If 2 or more persons willfully cause ‘‘(c) CONSPIRACY.—If 2 or more persons con- across this country affecting thousands bodily injury to any other person, because of spire to commit any offense under this sec- of people, this body did not act to the actual or perceived race, color, religion, tion, and 1 or more of such persons do any make it a Federal crime. At least now, or national origin of any person— act to effect the object of the conspiracy, the U.S. Senate has acted—100 Sen- ‘‘(A) each shall be imprisoned not more each shall be subject to the same penalties than 10 years, fined in accordance with this as those prescribed for the offense the com- ators, no objections. title, or both, if bodily injury results from mission of which was the object of the con- I just want to give gratitude to this the offense; or spiracy. body for what we have just done. ‘‘(B) each shall be imprisoned for any term ‘‘(d) CERTIFICATION REQUIREMENT.— Thank you. of years or for life, fined in accordance with ‘‘(1) IN GENERAL.—No prosecution of any of- I yield the floor. this title, or both, if death results from the fense described in this section may be under- The PRESIDING OFFICER. The Sen- offense or if the offense includes kidnapping taken by the United States, except under the ator from Oregon. or aggravated sexual abuse. certification in writing of the Attorney Gen- Mr. MERKLEY. Madam President, I ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- eral, or a designee, that— praise my colleagues from the Atlantic CEIVED RELIGION, NATIONAL ORIGIN, GENDER, ‘‘(A) the State does not have jurisdiction; coast of New Jersey and Pacific coast SEXUAL ORIENTATION, GENDER IDENTITY, OR ‘‘(B) the State has requested that the Fed- of California for today putting our en- DISABILITY.— eral Government assume jurisdiction; tire Senate on record and on a pathway ‘‘(A) IN GENERAL.—If 2 or more persons, in ‘‘(C) the verdict or sentence obtained pur- any circumstance described in subparagraph suant to State charges left demonstratively to recognizing the deep darkness of (B), willfully cause bodily injury to any unvindicated the Federal interest in eradi- this national scar on our justice sys- other person because of the actual or per- cating bias-motivated violence; or tem and on our psyche. ceived religion, national origin, gender, sex- ‘‘(D) a prosecution by the United States is Work well done today in the U.S. ual orientation, gender identity, or dis- in the public interest and necessary to se- Senate. Thank you. ability of any person— cure substantial justice. f ‘‘(i) each shall be imprisoned not more ‘‘(2) RULE OF CONSTRUCTION.—Nothing in than 10 years, fined in accordance with this this subsection shall be construed to limit IMMIGRATION POLICY title, or both, if bodily injury results from the authority of Federal officers, or a Fed- Mr. MERKLEY. Madam President, I the offense; or eral grand jury, to investigate possible viola- rise to address a current-day scar, a ‘‘(ii) each shall be imprisoned for any term tions of this section.’’. wound in America—a wound in terms (b) TABLE OF SECTIONS AMENDMENT.—The of years or for life, fined in accordance with of how we are treating children arriv- this title, or both, if death results from the table of sections for chapter 13 of title 18, offense or if the offense includes kidnapping United States Code, is amended by inserting ing on our borders and seeking asylum. or aggravated sexual abuse. after the item relating to section 249 the fol- George Washington said America is a ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- lowing: nation open ‘‘to receive not only the poses of subparagraph (A), the circumstances ‘‘250. Lynching.’’. opulent and respectable stranger, but described in this subparagraph are that— Ms. HARRIS. I ask unanimous con- the oppressed and persecuted of all na- ‘‘(i) the conduct described in subparagraph sent that the motion to reconsider be tions and religions.’’ (A) occurs during the course of, or as the re- This sense of the vision of America considered made and laid upon the sult of, the travel of the defendant or the was repeated 100 years later through table. victim— Emma Lazarus’s poem that is carved The PRESIDING OFFICER. Without ‘‘(I) across a State line or national border; into the foundation of the Statue of or objection, it is so ordered. ‘‘(II) using a phone, the internet, the mail, Ms. HARRIS. Madam President, I Liberty. Phrases of that poem include: or any other channel, facility, or instrumen- want to thank our colleagues for this ‘‘Give me your tired, your poor, your tality of interstate or foreign commerce; incredibly important act of bipartisan- huddled masses yearning to breathe ‘‘(ii) the defendant uses a phone, the inter- ship in the U.S. Congress. free. . . . Send these, the homeless, net, the mail, or any other channel, facility, Thank you, Madam President. tempest-tossed to me,’’ but that spirit or instrumentality of interstate or foreign is lost right now in the USA. commerce in connection with the conduct The PRESIDING OFFICER. The Sen- ator from New Jersey. We are a nation almost universally of described in subparagraph (A); immigrants, and yet we are treating ‘‘(iii) in connection with the conduct de- Mr. BOOKER. Madam President, my those children fleeing persecution as if scribed in subparagraph (A), the defendant friend, the Senator from Oregon, just employs a firearm, dangerous weapon, explo- came over. This is a very meaningful they are criminals when they arrive at sive or incendiary device, or other weapon moment for this body. our borders. I went down this last weekend with that has traveled in interstate or foreign There was a speech by a man that I Senator MAZIE HIRONO of Hawaii and commerce; or revere. His picture hangs in my office. ‘‘(iv) the conduct described in subpara- Senator TINA SMITH of Minnesota, with His name is Martin Luther King. For graph (A)— Representative JUDY CHU of California many people who endured the pain and ‘‘(I) interferes with commercial or other and Representative BETO O’ROURKE of agony of our past, with lynchings that economic activity in which the victim is en- Texas. Four of us visited two family in- gaged at the time of the conduct; went on up to the 1970s in this country, ternment camps—one in Dilley and one ‘‘(II) otherwise affects interstate or foreign and for those people who yearned for in Karnes—and all five of us went to commerce; or justice they would never experience, the Tornillo child prison in the desert ‘‘(III) occurs within the special maritime for those people who know the pain, in Texas outside El Paso. or territorial jurisdiction of the United agony, and hurt in their family’s his- States. This war against children—this tory and the trauma that is still felt by ‘‘(3) OFFENSES OCCURRING IN THE SPECIAL Trump war against children—was most many people today, who remember MARITIME OR TERRITORIAL JURISDICTION OF dramatically demonstrated back in lynching in this country that was so THE UNITED STATES.—Whoever, within the May and June when the U.S. Govern- pervasive—Dr. King once spoke to special maritime or territorial jurisdiction ment implemented a ‘‘zero tolerance’’ of the United States, engages in conduct de- those people who were hurting and policy that, in fact, said, if you assert scribed in paragraph (1) or in paragraph seeking justice, and he asked at the your international rights and come to (2)(A) (without regard to whether that con- end of his speech: duct occurred in a circumstance described in the border of the United States, we will How long? Not long, because ‘‘the truth paragraph (2)(B)) shall be subject to the same treat you as a criminal. We will lock crushed to the earth will rise again.’’ penalties as prescribed in those paragraphs. you up. We will rip your children out of ‘‘(b) ATTEMPT.—Whoever attempts to com- He asked: your arms, and who knows if you will mit any offense under this section— How long? Not long, because ‘‘no lie can ever see them again. ‘‘(1) shall be imprisoned for not more than live forever.’’ I went down June 3 of this year to 10 years, fined in accordance with this title, He asked: shine a light on this and find out what or both; or How long? Not long, because the arc of the was really going on. I saw children in ‘‘(2) if the offense includes kidnapping or moral universe is long, but it bends toward cages. I tried to enter a facility—a an attempt to kidnap, aggravated sexual justice. abuse or an attempt to commit aggravated former Walmart—that I was told had sexual abuse, or an attempt to kill, shall be This has been a long arc, a painful hundreds of kids locked up in it. I was imprisoned for any term of years of for life, history and shameful history in this denied entry because of the administra- fined in accordance with this title, or both. body—that at the height of lynchings tion’s desires to keep the effects of

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.007 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7845 their child separation policy secret. locked up—families we are locking up He told us that 1,300 children could There was an outcry from people across who have fled persecution and are be in homes and schools and parks in 5 America saying the United States does awaiting an asylum hearing. to 7 days from now if the administra- not do this. We do not inflict trauma That young woman is suffering sig- tion would complete the paperwork. We on children as a direct and deliberate nificantly. We met with her mother. proceeded to hold a press conference, strategy of sending a message to the Her mother told us she is not sleeping and we said this is unacceptable that world that we do not want you, if you well, she is not eating well, and she the paperwork is not being completed are fleeing persecution, to come to our was really depressed over the fact that and these children are being locked up shores. We do not deliberately inflict this very significant day would go un- here. trauma on children. recognized. We should never be locking We held this on Saturday. We said In addition to the public outcry, up children for long periods of time. this Tornillo prison camp should be there was court action. The adminis- There is an agreement—a settle- shut down. This is not the spirit of the tration agreed and said: OK. We will ment—that said children will not be USA and certainly is not being used as stop doing child separation. We will locked up for more than 20 days. It is a temporary shelter for 1 month. quit ripping children out of their par- called the Flores settlement. It was a I have good news to report because ents’ arms, but the President said, if settlement that came out of the fact yesterday the administration said they we can’t rip children out of their par- that we recognized that locking up are changing the rules. They expect to ents’ arms, instead, we will lock them children hurts them, traumatizes release several thousand children with- up. We will lock them up with their them, that it should never happen, and in the next few days—that is the right parents—still treating them as crimi- it shouldn’t happen for more than 20 thing to do—and we may shut down nals as they await asylum here. In fact, days. Tornillo. the bill to that effect passed the House Well, it is happening more than 20 So let’s keep the attention of Amer- of Representatives, and 35 Senators in days and not just with the mother and ica on this. Let’s keep the spotlight on this Chamber signed on to this bill to her daughter who are locked up there. it. Let’s not let this war on children expand this system of family intern- They fled persecution by a drug gang— continue with our money, on our terri- ment camps at the request of the ad- a gang that was extorting the family to tory, under our government, delib- ministration. make payments from their beauty sup- erately inflicting trauma on children. I came to this floor. I pointed out the ply business or beauty parlor. When It must end. long and shameful history of family in- she couldn’t pay, the gang came to her The Family Case Management Pro- ternment camps in America, and I pro- house and assaulted her daughter. She gram, which was an alternative to posed a different vision. I put forward a told us they fled the next day. locking people up, had a report from bill entitled the No Family Internment We need to improve the programs the Department of Homeland Security Camps in America Act. I noted it would with which we are trying to help sta- inspector general who said 99 percent be a fierce fight if those who want to bilize those countries and help decrease of people show up for their check-ins proceed with internment camps at- the power of those drug gangs, but, cer- and there was 100 percent attendance tempted to do so. This body dropped tainly, when those fleeing persecution at court hearings. There was a closeout that effort—stopped that effort. That is come here to our shores, let’s treat report for the program because the ad- good, but the administration is still de- them with respect and dignity. ministration shut it down, and the termined to pursue this, and they have This is a birthday card that several closeout report called the program a been moving funds to people to expand dozen Members signed yesterday that success. It said 99.3 percent attendance family internment camps in places like we are sending to this young woman for court proceedings overall, 99 per- Karnes and Dilley. So we went there to locked up. The card says: ‘‘Feliz cent compliance with monitoring re- look at these family internment Quinceanera.’’ It is signed inside by quirements, including check-ins, and it camps—one with fathers and sons; one dozens of Senators. It says: From your costs $38 a day compared to many hun- with mothers and daughters. friends in the Senate of the United dreds of dollars for internment camps You know, the right thing to do as States. We want her to know—we want or prison camps. families await asylum hearings is for every child who is locked up in these Let’s restart a program that made them to get that hearing on a timely child prisons under the Trump war on sense—a program that worked. We basis of 6 to 12 months and have them children to know that we are working have seen this series of attacks on chil- under a Family Case Management Pro- to end this war. dren—child separation, family intern- gram of not locking them up in prison. We went on to Tornillo—the child ment camps, child prison camps. Let’s Locking up children in prisons does prison that was initially established to put America back on track and treat deep, traumatic damage to these chil- be an emergency shelter for 1 month children coming to this country fleeing dren, so we must continue to fight this for 450 children. It has now been ex- persecution with respect and dignity as internment camps strategy. The four Members of Congress who tended 3 times, and it has been ex- they await their asylum hearings. Thank you. were there at Dilley met with a panded to hold not 450 children but The PRESIDING OFFICER (Mr. COT- woman. She and her daughter have 3,800 children. TON). The Senator from Missouri. been locked up in Dilley going on 6 At this moment, they cranked up the months. Yesterday was the daughter’s number of people there to 2,700, and GOVERNMENT FUNDING 15th birthday. The Quinceanera is a big they are purposely keeping this as a Mr. BLUNT. Mr. President, we come celebration—if you come from a Latin ‘‘temporary shelter’’ so they can by- to the end of what I think has been a American tradition—of a young girl be- pass all the laws related to incarcer- very productive conference. coming a young woman. We asked the ating children; they can bypass the re- I am not happy, as most of us aren’t, camp: Are you going to recognize this quirements for education; they can by- with an ending that doesn’t allow us to girl’s birthday, this very significant pass the Flores 20-day standard. get all of the principal work of the 15th birthday, this quinceanera? I asked: How many children are here Congress done, which is to decide how No, we can’t do anything special to over 20 days of these 2,700, a couple of we are going to fund the government, recognize one child. dozen? how we are going to spend money. We We said: Well, why not have a policy The director said: No, more than 2,000 did—this year for the first time in a of recognizing each child on his or her of the 2,700 children here are over the long time—get 75 percent of that job birthday, so you are doing the same for 20 days. Then we were told that 1,300 of done before the beginning of the fiscal everyone? those children already have a sponsor. year. There is nowhere else in America They said: No, too much trouble. We They already have the sponsors who where that would be a bragging point, will have a monthly gathering and list have filled out all the paperwork and but we hadn’t done that in 20 years, the names of those who had birthdays have done their fingerprints and every- and so it is a pretty significant accom- that month. That will suffice. thing. They could be released imme- plishment. It is a symbol of the dehumanization diately, if the administration would What we need to figure out is what with which we are treating people complete the paperwork. we did and how we can replicate that in

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.038 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7846 CONGRESSIONAL RECORD — SENATE December 19, 2018 the future. We have to get to this That one and others happened at where the Dred Scott decision was work. We have to have the kind of floor Next NGA West, the St. Louis facility. started. That is where the local Fed- debates we had this year. We don’t There was big competition on what we eral court case was that wound up in a need to let it drag into the end of the should do about that. The decision was Supreme Court disaster. In the hearts year as too many of the bills did this made to put that $1.3 billion new facil- and minds of the people, they are look- time. ity in the city of St. Louis, right next ing back at how wrong-headed that The worst possible thing to do, in my to one of the great Federal disasters of particular court was, but that old view, in terms of funding the govern- all time. courthouse is still there. It is now con- ment, is to shut down the government. The Pruitt-Igoe housing complex— nected to the arch, as it was not before, The next worst possible thing to do is not well thought out—had to be im- and to downtown. a long-term CR, where you just say: We ploded within a short time of people’s I talked yesterday to the designated couldn’t decide how to spend the moving in there. Within a decade or so, person who runs the Park Service. I money this year, so we are going to it was known to be a disaster. Not too said that we wanted the second century spend it like we spent it last year. long after that, it just imploded. That of the Park Service to be a public-pri- The next option is the one we are fol- is sort of, again, the implosion of so vate partnership. There is no greater lowing, which appears to be a short- much of that part of a city that, at one example of that than the reopening and term CR to, unfortunately, come back time, was the fourth biggest city in the the restoring of the arch and in the and begin next year’s work with the country in terms of population. It is connecting of it to downtown. There obligation to finish this year’s work. not there any longer. There are things has been 300-and-some million dollars That is clearly a mistake, and it is a like the GEOINT workforce—the na- spent. Almost all of that money was ei- mistake that ends a Congress that oth- tional geospatial location being there— ther privately or locally raised with a erwise was pretty successful. that will make a difference. tax on the city of St. Louis. I think All kinds of regulatory reform oc- Certainly, there is aviation, and we about $20 million of that 300-plus mil- curred. Some of it the Congress was in- make lots of military aircraft in our lion-dollar project was Federal high- volved in. For the first time in the his- State. The bill that we funded that we way money. tory of the Congressional Review Act, worried so much about in recent years The message there is that if you are the Congress—15 times—sent to the really brought it back to where we going to expect a different source of President a regulation that the Con- have the multiyear funding of things money, you also have to expect a dif- gress was not going to approve, and, 15 like the Super Hornet, the Hornet, and ferent kind of partnership. I think one times, the President agreed with that the Growler. It just so totally disrupts of the things the Park Service learned decision. That happened exactly one the efforts of our enemies to figure out with that big project was if the second other time in the 25-year history of the what that formation of planes is all century of the system were going to be Congressional Review Act. There was about. It is an important part of flying, different, it can’t be just like the first one time before this Congress when it whether they come off of the deck of a century. You get your money from had happened 15 times. ship or off of a runway or anything somewhere else, and then do whatever The regulatory situation of the coun- else. Boeing won the opportunity to you want to do. What happens is you try is much better. The first major re- make the Air Force’s T-X trainer, and get your money from somewhere else write in the tax bill in 31 years has it is beginning the process right now. and you have to create a sense that you clearly had and is having an impact on The nonmanned tanker is important. really have partners in that. our economy. The numbers in my State Just a few years ago, keeping those In St. Louis, during World War II and of Missouri are as good as they have lines open in a way that we were con- after, a lot of the work on atomic been in a long time. I think our unem- cerned about wouldn’t have happened. weapons was done. In September, Con- ployment number is at its lowest in 18 I had the chance this weekend to be gresswoman WAGNER and I were able to years. The national unemployment a part of the launching of the future join a signing ceremony on a record of number is at its lowest in almost 15 Freedom Class ship USS St. Louis. The decision of what to do with some of years. Missouri’s number, at 3.2 per- Navy asked for 32 of those ships, and that military waste—that radioactive cent, is even lower than that. There are this Congress gave them 35. Now, if you waste that had been left from the years things like the long-term extension for are listening out there and you are a before and after the end of World War the FAA, or the Federal Aviation Ad- taxpayer and are thinking about this, II. It had been discarded by the Federal ministration, and the farm bill. There well, why would the Congress give Government in ways that were not well are a lot of things that we should be them 35 when they asked for 32? We thought out, in the West Lake Landfill. talking about. look not just to the immediate need of Families there have been tireless ad- I want to talk, for just a few min- that line but at the long-term and un- vocates in demanding that things be utes, about the things that have hap- funded need. It hasn’t been that long done for the health and safety of their pened for Missouri this year here in the since the Navy would have asked for 32 children and their community. They Senate. We have made significant ships but might have gotten 18 or 16. waited for 27 years for some real criti- progress in addressing some of the We are in a place in which, once again, cism out there by Scott Pruitt, who most important issues facing both the we are looking at our defense obliga- was the EPA Director. When we first State and the Nation. tions. We also had the biggest pay in- talked to him about this, he said that Just this month, we had a land trans- crease for men and women in uniform you can’t be on the priority list for al- fer for the National Geospatial-Intel- in over a decade. All of those things most 30 years if it is really a priority ligence Agency. It started out as an matter. list. With his and Administrator ocean mapping agency in St. Louis, Senator MCCASKILL and I worked on Wheeler’s leadership, somehow we MO, decades ago, and then it became a one piece of legislation to allow the came to a conclusion there that has full partner in our overhead architec- historic Delta Queen, which will be generally been met positively by peo- ture that tries to figure out what is based at Kimmswick, MO, which is just ple who have worked so hard to get going on in the world at any given mo- south of St. Louis on the Mississippi that Federal decision—there is a pub- ment on any given day—things like River, to get back in operation again. lic-private partnership—and the pri- mapping out what we know about the It is a 1920s riverboat on which, not too vate companies they worked with to do outside of the place where Osama bin many years ago, President Carter took something with this material—to now Laden was hiding and where he was his summer vacation with the other do the right thing with the material, eventually found, guessing from watch- passengers. which means moving it out of our ing traffic going in and out of there, The Gateway Arch was reopened. Of- State. what might be on the other side of the ficially, 60 years after the arch was In southeast Missouri, there was a door when you go in. That is just one of built, it was time to restore it. It was port authority, an inland port author- the things that happens at the Na- also time to connect the arch in better ity. An almost $20 million bridge grant tional Geospatial-Intelligence Agency and different ways to the city of St. was announced the other day that will every day. Louis—to the historic courthouse allow that inland port, with two new

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.039 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7847 rail lines, to become much more multi- investment would be made for an East ter Congresses in a long time. I think mobile than it had been before. Locust Creek Reservoir in North Cen- it has been an effective Congress. We What is going to happen to rural food tral Missouri. Water is a bigger and looked at the issues facing the country, demand? It is critically important. No bigger challenge as we look toward the and we have done the best we can, in a country in the world is better suited future, and thinking now about how we long- and short-range way, to deal with than we are to meet the doubling of are going to have the kinds of water those issues. It is something we ought world food demand between now and opportunities we need for drinking to be talking to people we work for 2050. In the doubling of the biggest area water or agriculture water and other about, trying to use that as a standard. of commerce in the world, our inland water is very important. We were good this year; let’s figure out ports in that discussion become par- In Sedalia, MO, a project to help— how to be even better next year. ticularly important. Congresswoman HARTZLER and I I yield the floor. Both the Congress and, in this case, worked on a project to help make the The PRESIDING OFFICER. The Sen- the Missouri General Assembly are industrial park work better. Nucor just ator from West Virginia. paying attention to the inland port announced this year a significant and f structure like they have not before. brandnew steel facility in that part of The biggest single piece of contiguous our State. UNANIMOUS CONSENT REQUEST— agricultural ground in the world is the In Kansas City, the Buck O’Neil S. RES. 734 Mississippi River Valley. Unlike the Bridge, across the Missouri River, is Mr. MANCHIN. Mr. President, I ask others in the world that may be almost something that has needed to be done unanimous consent that the Senate as big, it has its own built-in transpor- for a long time. The community had proceed to the immediate consider- tation network. The Missouri, the come up with 90 percent of the money ation of S. Res. 734, submitted earlier Ohio, the Arkansas, and the Illinois are needed, a bridge grant that Secretary today; that the resolution be agreed to, rivers that flow into the Mississippi Chao called me about, that the commu- the preamble be agreed to, and the mo- River and create that network that nity had applied for, gets that last $25 tions to reconsider be considered made now links through the Panama Canal million of that 200-and-some million- and laid upon the table with no inter- easily. You can go to Asia. You don’t dollar project. vening action or debate. go through the Panama Canal. You There has been a long fight at White- The PRESIDING OFFICER. Is there easily get to the east coast of our coun- man Air Force Base in Warrensburg to objection? try or you get to Europe and Africa. It maintain the A–10s and then do what The Senator from Wyoming. is a great opportunity for us, and that we could to get the replacement wing Mr. BARRASSO. Mr. President, re- kind of investment makes that oppor- there. That is important, as were the serving the right to object, whether tunity more likely to pay the kind of things that happened in Saint Joseph you support ObamaCare or oppose it— dividends we would hope it would pay. with the lift capacity, the ability with and I clearly oppose it—it remains the In September of this year, Congress those C–130s, where 19 different coun- law. The decision in the Texas case is passed and the President signed the tries come to that facility and train to being appealed, and I expect it will Energy and Water appropriations bill, figure out how to get the kind of sup- eventually end up before the Supreme which included $25 million for the port we need for military all over the Court. Delta Regional Authority, which is an world, including our NATO allies. Regardless of what happens in this authority designed to benefit a part of Senator BOOZMAN and I, from the legal process, our commitment has al- our country in which the early focus on days we were in the House together, ways been to protect people with pre- labor intensive occupations, particu- formed an I–49 caucus. Another an- existing conditions. As a doctor and larly farming, has given way to looking nouncement just in the last month will husband of a breast cancer survivor at that part of our economy without allow the last few miles of I–49 to be who has had three operations and who thinking about what has happened to completed in our State. I was there has been through chemotherapy twice, rural communities and the rural work- about 8 years ago when Highway 71 in I know the importance of making sure force as that has moved on. Broadband Missouri became I–49, and in most of that patients can get access to quality is part of that, and I think we are going our State now it is I–49, and it will be healthcare at an affordable cost. Since to see that continue to be a big part of I–49 in all of our State. what goes on in the future. So what has happened there and what ObamaCare passed, this has not hap- We have the small ports and the Mis- has happened with opioid grant funding pened for many families I speak to in sissippi River and tributaries project. and with our mental health leadership Wyoming. They keep telling me that We have the Ste. Genevieve National in our State have resulted in signifi- ObamaCare has made their insurance Historic Park, and the President signed cant legislative achievements this unaffordable, whether it is premiums, that bill in March. Ste. Genevieve has year. copays—all of it. It has made it more French architecture that goes back to The HIRE Vets Act is legislation difficult to get the care they need. the late 1700s and to the very early that provides not only for hiring vets, Simply put, they know ObamaCare 1800s. It is unique in the kind of archi- but it also establishes recognition. Ev- has failed because they personally have tecture that is preserved there. Some erybody says they hire vets. This is fol- experienced the law’s sky-high pre- of the oldest buildings, certainly, in lowing up on legislation that was miums and few choices. the middle of the country and, in some passed here in the Senate and in the It has taken Washington Democrats cases, west of the Mississippi are there, House and signed into law in May of a little longer to figure this out. Now and we are moving forward. I hope, 2017. The Labor Department came up they are clamoring for a federally man- even this week, to do a couple of addi- with that new standard of acknowl- dated, single-payer system. They want tional things that will make that his- edging who hires vets and who is better a healthcare system dominated and toric park work and be open to people at hiring vets than anybody else. The controlled by Washington. from all over the world. The French first five Missouri employers were rec- As a doctor, my focus is on making Ambassador wants to go there in the ognized this year with dozens of em- healthcare better for patients, period. near future and see what we are doing, ployers all over the country, in a tiered It shouldn’t take a judge to force us to as an example, to maintain those build- situation. It is sort of like the LEED get it done. We need to reform ings that are reflective of a different standard for energy efficiency; we now healthcare to give American families part of our heritage than we have in have a standard for hiring vets. better care at a lower cost, which most of the country. As with the FAA reauthorization bill ObamaCare failed to deliver. Research institutions, like the Uni- I mentioned earlier, our efforts to The question is whether Washington versity of Missouri, the USDA ag remove toward more rural broadband Democrats are interested in solving search facility in Columbia, and other have moved significantly this year, problems or playing politics. I am places across our State, have benefited but, still, that is one of the things we ready to work. from additional research money. need to be looking at next year. Therefore, Mr. President, I object. In East Locust Creek, in August of I would argue that this is certainly The PRESIDING OFFICER. Objec- 2018, it was announced that the final one of the most effective right-of-cen- tion is heard.

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.041 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7848 CONGRESSIONAL RECORD — SENATE December 19, 2018 The Senator from West Virginia. fend West Virginians and Americans you have hit your cap and you are no Mr. MANCHIN. Mr. President, I re- with preexisting conditions from this longer able to be insured—you are too spectfully disagree with my friend inhumane lawsuit. If you believe in sick for us to invest any more into from Wyoming. First of all, the reason that, there should be no consideration you—they would say: I don’t want to be I asked for a live unanimous consent for objections. We should be able to sit a burden to my family. request on my resolution was to pro- down and let the legal staff that we What a person is telling you, if they tect the 800,000 West Virginians with have here in the Senate intervene on have a preexisting condition is this: I preexisting conditions, along with mil- our behalf and the people we represent. don’t want to be a burden to my family lions and millions of Americans. That is all we have asked for. because I don’t want to put them in a We have tried. We have come to an Millions of Americans with pre- position that would be absolutely ruin- agreement on how to fix the high cost existing conditions have been trusting ous for them, put them in bankruptcy; of third-party and individual payer. It us to defend their rights. Now they are one of my illnesses could put my fam- has been lying on the majority leader’s hearing the political rhetoric. They ily in bankruptcy because I cannot buy desk for a year with no movement or hear it every day when anybody goes nor will the insurance company sell me action. on the campaign trail. The last thing I insurance, nor can I afford what they People say that we all have sym- heard from my colleagues on the Re- want for it. pathy and empathy for people with pre- publican side—and these are my That is what we did away with, and existing conditions. If you want to pro- friends—they said: Oh, yes, JOE, we that is where we are going back. We tect that, then remove your lawsuit or want to make sure that people with want to intervene so we do not go back at least allow us to move forward on a preexisting conditions have access; to those dark ages. unanimous consent request so that we they cannot be denied. With that, I hope my friends on the can fight and have a fighting chance, But guess what the proposal is that Republican side will reconsider this, as this will be appealed to the higher they were going to come forward with. and, as a body, let this move forward to courts. It would say simply this: We will make protect the people of America. It is absolutely wrong that people With that, I yield the floor. sure insurance companies offer you af- who have insurance for the first time, The PRESIDING OFFICER. The Sen- fordable insurance, but, basically, they now have the threat of having it taken ator from Pennsylvania. will not have to protect you or insure away from them. Mr. CASEY. Mr. President, I rise to As a former Governor, let me tell you you for an existing condition you have join in the remarks of the Senator how this system works. If you think had. So we will basically insure your from West Virginia, who worked very people are not deserving of insurance entire body, except for the cancer or hard to make sure we had a resolution or should not be able to have affordable the heart condition that you might that would allow us to direct the Sen- access to insurance, then you are pay- have had prior to that. That made no ate legal counsel to intervene in the ing anyway, because the people who sense whatsoever. lawsuit. don’t have that or didn’t have it before So they are really not sincere about Of course, the lawsuit is beyond the go to the emergency room at the high- coming up with allowing people with district court. We await what might est cost. They go right to the emer- preexisting conditions to have access happen in an appellate court. But the gency room. They don’t pay. That cost to affordable care. That is all we are best way for anyone in this body to ex- is then distributed on to the Governor, doing today. press their disagreement with the re- and the Governor of each State has to Right here and right now we have the moval of the protections for those who come up with supplemental payments opportunity, and we have heard the ob- might have a preexisting condition, if to keep hospitals and rural clinics jection, and I am so sorry for that. We you believe that those protections open. That is the way the system could have done the right thing and di- should remain the law of the land as works. rectly been involved in defending the they are now, then you should, as a If you work for a company and lives of Americans. Member of the House or the Senate— couldn’t afford the copayment, if you I believe that the Texas judge was even if you wanted to be in favor and work for a company that didn’t offer wrong in his ruling because we never voted in favor of repealing the Afford- insurance—a small company that removed—even those who voted for the able Care Act, you could still argue didn’t have insurance at all—what you tax cuts, and I think a lot of people be- that in the interest of preserving those would do if you got hurt at home or got grudgingly did that, looking back on protections, without question, in the sick, you would hobble into work and that—but, with that, it said they re- interest of providing certainty to not make a workers’ comp claim. That is moved the mandate. The mandate did just tens of millions of Americans but the only access to insurance. not remove the language of the code of many millions more than that who If you want to go back to those dra- the law. It removed the money from it, have these protections in law right conian days, that is where we are head- but it didn’t take the language away. now—did not have those protections ed if this lawsuit succeeds. What we So I think anybody with any type of before the Affordable Care Act—if that have asked for is simply the ability to background in the legal process under- is what you believe, you could very fix what we have in front of us. stands that will not hold up in court. easily say: Let’s preserve them and I haven’t supported the single-payer All we have asked for is the right to de- make a different argument in this system; we are not talking about a sin- fend the people we represent. court case, file a brief, and try to inter- gle-payer system. We are not talking So I am very sorry for the decision to vene, as you could in this case. about anything but fixing the existing object. I really thought that we could But for some reason around here, Affordable Care Act. get a unanimous consent agreement some people think they can have it The President of the United States, and move forward, and then, really, both ways. They do television ads and Donald Trump, could do this very eas- you could go out and talk to your con- campaigns or give speeches back home ily, taking this up. I will be happy to stituents and say: I truly am fighting saying: Oh, don’t worry, I want to pro- call it Trump RepairCare. I think it to make sure that any of you all who tect and I want to preserve the protec- would be a fitting name because he can have preexisting conditions—800,000 tions for preexisting conditions, but at fix it. He can bring us together so that West Virginians who have a preexisting the same time do nothing about it. we can basically look at a bipartisan condition—will have affordable access There is no third way here. You are solution to bring down the high cost of and cannot be denied and cannot be either in favor of those protections, premiums. We can also look at a bipar- overcharged. That is all. Give them a maintaining in law the protections for tisan solution to fix the runaway costs, chance. those who have a preexisting condition, teaching people how to take care of I don’t know where you come from, or you are not. You are either for that themselves, keep themselves healthier but where I come from, before we had or you are not. If you are for it, I think and be preventive in the care they re- any access to healthcare, before there you are dutybound to take action to ceive. was a law that forbade insurance com- preserve it. This resolution allows the Senate panies to charge outrageous prices or Right now, these protections are at and legal counsel to intervene and de- cut people off to say that, basically, risk. They will be in greater jeopardy if

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.042 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7849 an appellate court were to agree with In our State, we have something on UNANIMOUS CONSENT REQUEST— the district court. So I think folks here the order of 25 rural counties where the S. 2644 have to make a decision: You are ei- No. 1 or No. 2 employer is a hospital. If Mr. FLAKE. Mr. President, I ask ther for maintaining these protections, that hospital is badly undermined, if unanimous consent that the Senate which carries with it a responsibility they can’t make the margins work be- proceed to immediate consideration of to take action to make sure that those cause of cuts to Medicaid or the elimi- Calendar No. 393, S. 2644. I further ask protections are in law—are kept in law, nation of Medicaid expansion, as some that the committee-reported substitute remain a part of our law—or you have around here want to do—not just cut it amendment be agreed to, the bill, as to go to the other side, which is you but eliminate it—you are going to have amended, be considered read a third throw up your hands and say: Either I economic devastation in those commu- time and passed, and that the motions am not for those protections or I am nities in addition to healthcare devas- to reconsider be considered made and not going to do anything about it. tation. laid upon the table. So you have to take action or not. I The staff of the Joint Economic Com- The PRESIDING OFFICER. Is there think that is true of people in both par- mittee has estimated that if the Af- objection? ties and both Chambers, but when you fordable Care Act were struck down, Mr. MCCONNELL. I object. consider what is at stake in a State which is the effect of this Federal court The PRESIDING OFFICER. Objec- like Pennsylvania, we have a huge por- case of just last week, 17 million people tion is heard. tion of our population—more than 3 would lose coverage next year—17 mil- The Senator from Arizona. million people—who live in rural com- lion people in just 1 year. Mr. FLAKE. Mr. President, I rise for munities. With 67 counties in Pennsyl- What we should be doing around the third time in the past 2 months to vania, 48 of them are rural. here, in addition to urging a court—or defend the integrity of our political A couple years after the Affordable any court—not to strike it down, is to process by defending the ongoing inves- Care Act passed we saw in Pennsyl- have bipartisan hearings for a long tigation led by Special Counsel Robert vania—this is only maybe 2 years ago time on lots of ideas. We need at least Mueller. now, and I am sure the numbers weeks of that, if not longer. If there is The continuity of this investigation haven’t changed that much—we had one area or one place of consensus is critical to upholding public trust in about 280,000 people who got their around here, it is that healthcare costs our institutions of government due healthcare through the Affordable Care for too many Americans are too high. both to the substance of the investiga- Act but lived in those 48 rural counties. We have to get costs down, and people tion, the extent to which a foreign gov- Of the roughly 280,000 who got cov- in both parties have a lot of work to do ernment was able to interfere in our erage, 180,000 were in rural commu- on that. political process, and the principle that nities. Lots of folks in rural areas are The second thing we hear back home no person—no person, no matter how worried about the protections they got and across the country is prescription high the rank—is above the law. because they were benefited by Med- drug costs especially are too high for The investigation has produced re- icaid expansion, and the balance of too many families. Neither party has sults already, including the indictment those got their healthcare through the done enough on that issue. We have to of more than 12 Russian nationals for exchanges. get those down as well. interference in the 2016 elections. It If you are in a rural community and If we focus on the priorities of most has also led to much knowledge about you got healthcare most recently Americans, which is not repealing this what was going on during the period of through the exchanges or even if you law; it is not throwing out or ending 2016 and beyond with regard to individ- had healthcare prior to 2010 or prior to Medicaid expansion, which helps with uals in the United States. We need to the last several years, you have protec- the opioid crisis and helps a lot of our protect the independence of the special tions that you didn’t have before. Of rural communities especially—what we counsel and allow this crucial inves- course, in rural communities in Penn- would do is focus on the priorities of tigation, and any like it in the future, sylvania, you have even higher inci- the American people: get the cost of to run their course. dents in many cases of those who have healthcare down, get the cost of pre- This particular bill, S. 2644, Special an opioid problem. These healthcare scription drug costs down, and deal Counsel Independence and Integrity decisions, these healthcare votes that with any other issues that have been Act, was approved by a bipartisan vote we cast, these healthcare court cases brought to the table for those who care of 2 to 1 in the Judiciary Committee— have even greater significance in rural about improving our healthcare sys- 14 to 7. We don’t have many votes like communities—whether it is preexisting tem. that, the Senator from New Jersey will condition protections, whether it is If the American people see only a attest, in the Judiciary Committee. It having the coverage of Medicaid that battle about one side wanting repeal has awaited a floor vote ever since. allows you to get treatment and serv- and the other side working every day That is 9 months—9 months without a ices for an opioid problem, or whether to try to stop that, we are not going to vote on this bipartisan bill that came you are just dependent on healthcare advance very far on their agenda. Their out of the Judiciary Committee. because of your own health or that of a agenda is not that fight. Their agenda I just asked a moment ago for unani- family member, especially children. is to protect the gains we have, make mous consent to pass this legislation. I would just make a couple more sure people don’t lose coverage, and It was objected to for the third time. I points because I know we are limited in make sure a much larger portion of the know some of my Republican col- time. Here is some data on the impact population—virtually everyone you leagues have some sincere objections of the Affordable Care Act and what know—doesn’t lose protections that to this bill. Some of them believe a could happen in some communities in a were put into law a couple of years ago. President must be able to fire anyone State like Pennsylvania that have a If we do that and focus on those pri- within the executive branch, at any high significant rural population. orities, I think the American people time, since the President is the head of We are told in one study that since will believe we are beginning to do our it. I understand the constitutional ar- 2010, 83 percent of rural hospitals have job in both parties on healthcare. The guments. I know some of my colleagues closed, and 90 percent of these rural worst thing we can do is go back to the hold them sincerely. I would respond hospitals that closed have been in days when someone with a preexisting that, if this bill becomes law, the States that have not—or have not as of condition was denied coverage or was President still has a key role in over- that time period—expanded Medicaid charged a higher rate because of that seeing the process. There is account- when the hospital closed. So we are preexisting condition. We don’t want to ability to him. The Constitution re- talking about a court case that would, go back to those dark days. We should quires that there must be. in essence, invalidate the Affordable insist that we never reverse course on Under this act, the Attorney General Care Act. We are talking about not just this issue. would still oversee the investigation healthcare loss or coverage loss in a I yield the floor. and still be able to remove the special rural community, we are talking about The PRESIDING OFFICER. The Sen- counsel for good cause. So the special job loss and devastation. ator from Arizona. counsel would not be fully insulated

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.044 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7850 CONGRESSIONAL RECORD — SENATE December 19, 2018 from Presidential control. The Attor- Federal investigation that must be al- agreed to support President Roo- ney General who oversees the special lowed to reach its conclusion. sevelt’s controversial plan to send aid counsel still answers to the President. Meanwhile, the President continues to Britain at a turning point in World This legislation simply adds one layer to spread misinformation and under- War II, even though it was the height of protection to the special counsel and mine the investigation into Russian at- of a Presidential campaign. Without makes his removal renewable, to make tacks on our election. He recently sug- his support, the plan would have failed. sure it is for sufficient cause, and it gested, with no evidence, that the spe- FDR called him a godsend to our coun- maintains a significant degree of Presi- cial counsel and his team are bullying try. dential control while protecting the witnesses into lying about collusion, Margaret Chase Smith, of Maine, special counsel investigations from tweeting, the ‘‘Angry Mueller Gang of stood up to Joe McCarthy in 1950, a being terminated by a President who Dems is viciously telling witnesses to decade later. When she issued her might feel that he or she is under in- lie about facts & they will get relief.’’ ‘‘Declaration of Conscience,’’ she was creasing heat. I know many of us have begun to just a freshman. This bipartisan request today is shrug our shoulders at the President’s Last, Barry Goldwater, also from Ar- timely and necessary. Just last month, tweets, ignoring the ways in which his izona, along with Republican leaders after the midterm elections—for those messages publicly undermine the rule went to the White House in August of of my colleagues who said throughout of law or discredit and attack Federal 1974 to make it clear to the President the year nobody is being fired, don’t prosecutors. I know some Members of that he had lost their support and worry, nothing to see here—the day this body have proved willing to dis- needed to resign. after the midterm elections, the Presi- miss each new piece of information the I am a proud Democrat, but I know dent forced his Attorney General to re- special counsel uncovers as if it is no that no party has a monopoly on cour- sign after numerous public comments big deal. age or conscience. Our system only from the President that the AG should Folks, this is not politics as usual. works when Members of both parties not have recused himself from the in- This is not something we should be take risks for the good of us all. I have vestigation even though he was a key sweeping under the rug. This is about been deeply blessed to serve alongside player in the 2016 campaign. the integrity of our democracy, our na- and to work with Senator FLAKE. It is It is clear we need to put these pro- tional security, and the President of my hope that his example will inspire tections in place and send this signal the United States. others in the Congress ahead to come to the President. Nobody is above the It is critical that this body dem- together and to meet the demands of law. The truth must be told, whatever onstrate our ability to come together our time—protecting the rule of law, it is. in a mature and responsible bipartisan protecting the investigation of the spe- I thank my colleagues on the Judici- way to do something about it—not to cial counsel. Taking up and passing ary Committee, particularly Senator sit by and watch a potential constitu- this law is exactly one of those de- COONS and Senator BOOKER, for pushing tional crisis barreling toward us and mands on which he has stood up and for this legislation and for insisting that it refuse to step up and act. which I am grateful for his leadership. be considered on the Senate floor and Our job as Members of the Senate, With that, I yield to my colleague for being here today again. sworn to uphold the Constitution, is to from New Jersey. With that, I yield the floor. take reasonable, responsible, preven- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- tive action to avoid this sort of crisis ator from New Jersey. ator from Delaware. that we can see coming. I am so grate- Mr. BOOKER. Mr. President, I want Mr. COONS. Mr. President, I am ful to my colleagues, both Republicans to give a lot of gratitude to my col- proud to once again join the Senators and Democrats—Senators GRAHAM, league, Senator COONS of Delaware. He from Arizona and New Jersey on the TILLIS, BOOKER, GRASSLEY, FEINSTEIN, is not only with us today on this call floor to ask for a vote on the Special and FLAKE—who have worked to craft for a vote on a bill that was voted out Counsel Independence and Integrity this bill, to get it a hearing, to get it a of this Judiciary Committee in a bipar- Act. vote, and to get it to the floor. Yet I tisan manner, but he is also a cospon- We have come three times now to ask am so frustrated with those who con- sor of this legislation and somebody I for a vote—just a vote—on this bipar- tinue to block the last step, a vote on have been proud to work with. tisan legislation to protect the special the floor. I want to thank my colleague JEFF counsel and support the rule of law, a Just last night, we saw the broadest FLAKE for putting himself so far out bill which passed the Senate Judiciary possible coalition of Senators—from there in pushing for this legislation. It Committee by a vote of 14 to 7, includ- Senator BOOKER and Senator LEE to is a consistent pattern with JEFF ing with the support of Chairman Senator DURBIN, Senator GRAHAM, and FLAKE. If you know him, you might GRASSLEY, to be considered on the Senator GRASSLEY—come to this floor know that he and I might disagree on a floor. and lead a successful final vote on lot of policy, but he is one of the people Each time we have come here, there criminal justice reform. If we can do I have looked up to in the U.S. Senate has been an objection from a Repub- that, overcoming decades of divisive as someone who understands the role of lican colleague. Each time, we have politics on race and criminal justice, Congress, the article I branch of gov- heard a reason or an excuse—some- why can’t we do this? This cannot wait. ernment—that the powers of Congress thing like: This legislation just isn’t The moment to act is now. The Amer- articulated by the Constitution should needed. The President is not immi- ican people deserve an explanation as be seen as sacrosanct, and that the ero- nently going to fire the special counsel. to why we can’t act on this most im- sion of these powers or the surren- To those who believe this bill is still portant point. dering of these powers to the executive unnecessary, I could give a thorough Mr. President, before I yield the floor undermines the very ideals of our Con- survey of the landscape of recent days, to my colleague of New Jersey, I want stitution that our government should but let me simply summarize. to conclude with a few words about my be one of checks and balances on There have been a whole series of fil- colleague and my friend JEFF FLAKE. power. ings and actions and developments in When we look back at the history of I have seen him step forward and lead the Mueller investigation that have this time, with the hindsight of his- in the manner he is showing today. I made clear that the President or his tory, it is my hope and it is my belief have seen him step forward when it National Security Advisor or his per- that Senator FLAKE will be recognized came to war powers and talking about sonal attorney lied to the FBI or lied as someone who put country over party the authorization of the use of military to the American people, misrepre- at a moment when it mattered. He fol- force and speak forcefully in a bipar- sented the scope and depth of the lows a long line of Republicans whose tisan manner with another of my col- President’s business contacts in Russia mettle has been tested by the turmoil leagues, TIM KAINE, in saying: Hey, we during the campaign or misrepresented of their times—names I was raised on, have to have a system of checks and to the FBI ongoing contacts with Rus- such as Wendell Willkie, the Repub- balances or the very foundations of sians. This is an effective and ongoing lican’s nominee for President, who this Republic begin to be undermined.

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.046 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7851 If you know his character, you know miss the special counsel. That is what winner. So CLAIRE befriended all the he is on the Senate floor because of his this is all about. It is a modest step of linemen—doing small favors, arranging deep belief in this Nation, not just judicial review that could prevent not dates—knowing there would be more of today but for the tomorrows to come, just a crisis that might happen next them than any other position. Guess and that we must maintain healthy month or next year but 20 years from what. She won, not because she skated checks and balances on Executive now, 30 years from now, 50 years from by on popularity—although she was al- power and within our system of govern- now. It is in line with what this body ways popular—but because she put in ment. has done in the past of providing a the work. She was tenacious and tac- I am grateful for him to come in his check and balance on Executive power. tical, qualities she would take from final hours as a U.S. Senator still push- We have called yet again, for the high school politics into the politics of ing this idea that there should be third time, for a vote, and a third time the wider and older world. checks and balances, pushing this idea we have not been granted a vote on the That is how, as a Democrat in a that there is a bipartisan space to try Senate floor or granted unanimous State already becoming more conserv- to preserve the ideals of this Republic, consent. ative during her youth, CLAIRE would pushing this idea that no one—not a I am grateful to be standing with my go on to represent Missouri at nearly U.S. Senator, not a Congressperson, colleagues for the third time. My hope every level of government. As a pros- not even a President—is above the laws is that in the fashion we have seen on ecutor, in the State house, as State of this land because in the United this floor of recent, that we can work auditor, and, eventually, for 12 amaz- States of America, we believe in the together to ensure we have a check and ingly wonderful and productive years rule of law. balance on Presidential power, to en- as Senator. More than this, we talk about the sure the ideal of this Nation of equal I was chair of the Democratic Senate Framers, but every generation of peo- justice for all, and to ensure that we Campaign Committee in 2005. CLAIRE ple who are in these seats in many can have a country where no one is was just coming off a difficult loss in ways are stewards of this Republic. above the law. the Governor’s race, after which she What I respect about my colleague I yield the floor. ‘‘drank a lot of red wine and ate too from Arizona is that he takes that seri- The PRESIDING OFFICER. The Sen- many cookies,’’ by her own typical ously. Something from past Members ator from Arizona. frank admission. I had heard so much in history who have understood that is Mr. FLAKE. Mr. President, to con- about her that I flew to London to that you need to not only make deci- clude, I thank my colleagues for their meet with CLAIRE and her dear husband sions for today but you need to plan for kind words. I thank them for taking Joe about a possible Senate race. Al- tomorrow. It is an axiom that I know their jobs seriously and that they most immediately, I was struck by the all of my colleagues on both sides of would continue to do this. force of her personality. the aisle believe: It is better to be pre- I say to our President: This is not a She is a whirlwind. As CLAIRE’s mother, Betty Anne, said of her, ‘‘In- pared for a crisis and not have one than witch hunt. Russia attempted to inter- tegrity, independence, and guts—that’s have a crisis and not be prepared. fere in our elections, and they will con- what CLAIRE MCCASKILL is made of.’’ I am one to believe that we are com- tinue to make that attempt. Everyone who meets CLAIRE can see ing perilously close to the precipice of We are seeking truth here, and that that from the get-go. By the end of din- our Nation having a constitutional cri- is what the special counsel is doing, ner, I was so eager for CLAIRE to run sis. There is an investigation going on and he needs to be protected. We need that I did something I almost never do. that is not a political attack. It is not to be better prepared for future elec- I paid for dinner. I have never been a witch hunt—whatever may be seen. tions. That is what this is about. more glad that I did because CLAIRE be- We already have seen this investiga- As the Senator from New Jersey just came an exceptional Senator and one tion through a consensus of our intel- said, this is based on the principle that of my closest friends, not just here in ligence community that is inves- no one—no one, however high and the Senate but in life. A moderate at tigating an attack on our Nation. It is mighty, whatever position they hold— heart, CLAIRE had a knack for finding something that people from both paris above the law. compromise between our two parties— ties have spoken about—the impor- With that, I yield back. a theme among many of our departing tance of having an independent inves- The PRESIDING OFFICER. The Members. tigation. It is something that an ap- Democratic leader. She worked across the aisle with pointee of the President, Jeff Sessions, f Senator COLLINS to protect seniors has said we need to make sure the in- TRIBUTE TO CLAIRE MCCASKILL from financial scams. She worked to vestigation is independent and beyond fight for victims of opioid addiction, Mr. SCHUMER. Mr. President, I re- reproach. working with Republicans on taking on turn to the floor to conclude saying That investigation has already yield- the big pharmaceutical companies that good-bye to Members of our caucus ed many indictments. It has yielded were funneling money to organizations who will not be returning to this guilty pleas, and that investigation to promote their own dangerous prod- Chamber next year. Last, but certainly should be able to continue. There are ucts. some people who say: Hey, there is no not least, to me and to so many of us, In the tradition of her political idol, threat to that investigation, but I am a is my dear, dear friend, the Senator Harry Truman, she took a seat on the big believer that if someone shows you from Missouri—as she says it—CLAIRE Armed Services Committee and fought who they are or tells you who they are, MCCASKILL. fiercely for our veterans and our mili- believe them. It should come as no surprise to any- tary. We have a President right now who is one that the Senator from Missouri Her hearings on the waste, fraud, and attacking this investigation—the very found her way into politics. She got abuse of military contractors ushered legitimacy of this investigation—and her start early. Growing up in a family in long-overdue reforms to military he is acting like someone who believes that was actively involved in govern- contracting, increasing transparency this investigation shouldn’t be going ment and politics, CLAIRE was not and accountability. on at all. I believe that it may not hap- given the option to avoid subjects of Almost every issue that CLAIRE got pen, and we may not end up with a con- national debate. When CLAIRE was 7 her teeth into, she never let go and al- stitutional crisis, but if one comes, we years old, she was sent door to door on ways succeeded. She was amazing as a should be prepared. Halloween, saying: Trick or treat; vote Senator. How are we to be prepared? Not by for JFK. Of course, CLAIRE wasn’t just prag- some partisan radical idea, but by a Soon, politics wasn’t just a passion matic. One of the reasons we love her is very sobered measured step that is em- passed down but a passion of her own. that she is both pragmatic and prin- bodied in the legislation that we are In high school, CLAIRE launched a cipled and combines those two in a calling for right now—to have a modest stealth campaign to become home- unique way. check and balance on a President’s coming queen. In the tradition of her I will never forget the vote on the power to end an investigation and dis- school, the football team picked the Dreamers. CLAIRE was seated in a seat

VerDate Sep 11 2014 03:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.048 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7852 CONGRESSIONAL RECORD — SENATE December 19, 2018 back there. She was a more junior distinguished names and will live on of military installations; secondly, the Member. She knew that voting to bring just as long. defense industries—again, Arizona is the Dreamers home—a pathway to citi- CLAIRE, we are going to miss you so. the home to many important defense zenship and living here in America— I will, the Senate will, Missouri will, industries serving all of our branches could mean the end of her election. She and America will. I wish you and Joe of the military; and finally, the com- said that to me. But she said: I cannot and your wonderful family all the hap- munities that support both of those vote against them. And we walked piness in your next endeavors. elements of our establishment. down the aisle together, tears stream- I yield the floor. As a result, I had the opportunity to ing down her cheeks, and, of course, The PRESIDING OFFICER. The Sen- meet throughout the State with the she voted yes. ator from Arizona. groups that Senator McCain had helped The Senate has its fair share of f to nurture and to create—in particular, dealmakers. It has its fair share of a group in Tucson and Southern Ari- principled fighters as well. But rarely, LETTER OF RESIGNATION zona, including Yuma, called the rarely, rarely is a Senator so adept at Mr. KYL. Mr. President, I am in- Southern Arizona Defense Alliance; in both. That is our CLAIRE MCCASKILL. formed that it is necessary for me to Flagstaff and Northern Arizona, the We will miss far more, of course, insert into the RECORD of the pro- Northern Arizona Military Affairs than CLAIRE the Senator. So many of ceedings the resignation letter that I Council; and in Central Arizona, Mari- us will miss CLAIRE the person. When sent to Governor Doug Ducey of Ari- copa County and the Phoenix environs, she has something to say to you, she zona on December 12, 2018; therefore, I the Mesa Industry and Defense Council. does not hold back. Believe me—I ask unanimous consent that this letter Meeting with the representatives of know. I have been called just about be printed in the RECORD at this point. all three components of our military every name in the book by CLAIRE There being no objection, the mate- society and hearing about the suc- MCCASKILL, and each time, it rang rial was ordered to be printed in the cesses they had in working with each true, but I didn’t mind it because I RECORD, as follows: other and in providing a real synergy that benefited them all just reminded know it was done with both affection U.S. SENATE, and a desire to make me better and do December 12, 2018. me again of how important Senator a better job. And I can say this: What- Hon. DOUG DUCEY, McCain’s leadership was to the State of ever job I am doing here as leader is in Governor of the State of Arizona, Arizona and to our national security. I wanted to mention that today and significant part because of CLAIRE Phoenix, Arizona. DEAR GOVERNOR DUCEY: Thank you again to let everyone know that I will be MCCASKILL’s loving but pointed criti- for appointing me to the U.S. Senate to fill passing on to my successor the advice cisms. I will miss them so much. the vacancy created by John McCain’s death. She is amazing. I am not the only that these councils continue to need to It has been an honor and a privilege to again be supported and nurtured by the Sen- one she criticized, and I am not the serve the people of Arizona. only one she criticized using the words ators from the State of Arizona, as well When I accepted your appointment, I as the Members of the House of Rep- that came right to her mouth. They agreed to complete the work of the 115th say they used to keep a swear jar on Congress and then reevaluate continuing to resentatives. A second thing that John McCain her desk in the Missouri Legislature. I serve. I have concluded that it would be best was involved in as part of his activities would be surprised if they didn’t keep a if I resign so that your new appointee can as chairman of the Senate Armed Serv- few lined up along the whole desk. begin the new term with all other Senators in January 2019 and can serve a full two (po- ices Committee was the creation—a But as much as CLAIRE can some- tentially four) years. couple years ago—in the Defense au- times criticize you in a pointed way, Therefore, I will resign from the U.S. Sen- thorization bill of a national commis- she can also make you laugh. She said ate effective 11:59 pm EST December 31, 2018. sion to advise the Secretary of Defense her father insisted on two things: that Respectfully, on the strategy for the United States she learn the rules of football and how JON KYL, and to report back to Congress—and to tell a good joke. That, she did. And United States Senator. specifically the Armed Services Com- more than that, she can tell a good f mittee—on their conclusions. joke at her own expense. That is just REMEMBERING JOHN MCCAIN This bill created the National De- one of many reasons she was so well fense Strategy Commission, comprised Mr. KYL. Mr. President, the other liked in this Chamber by Democrats of 12 members, 3 of whom were ap- thing I would like to do this afternoon and Republicans. pointed by the chairman and the rank- is to very briefly report to my col- It is rare you can find someone who ing member—each—of the Senate leagues and to constituents back home speaks her mind so directly and yet be Armed Services Committee and the on some things which my predecessor, so loved. That is one of the many House Armed Services Committee. uniquenesses of this wonderful lady, Senator McCain, was working on at the I was privileged to have been ap- CLAIRE MCCASKILL. And I am not the time of his untimely death and which pointed by Senator McCain to serve on only one who felt that way. After a his staff and I have continued to work that Commission, and I did for approxi- farewell address in this Chamber, the on and, in several cases, have brought mately a year. My service there ended line of Senators to say a few words to successful conclusion. I want people as we finished our report. Before it was about CLAIRE was long, and it wasn’t to know about these items and what we signed, while it was still being edited, just on our side of the aisle. have been able to accomplish. he passed away, and I was appointed to I could go on about Senator MCCAS- I first want to thank the members of serve in his stead. So I have had the KILL for quite a while, but I am sure his staff who wanted to stay in the unique opportunity to both help write she is already telling me that I am get- service of the government and the the report and then be a member of the ting longwinded. So let me close with State of Arizona and were willing to Armed Services Committee, on which this: When CLAIRE was 9 years old, her take a position in my office, as a result he sat, to receive the report and to father took her to the annual Jackson of which, we were able to really have a question the cochairmen of that Com- Day dinner in Springfield, MO, to hear seamless transition from some of the mission, Ambassador Eric Edelman and the big political speeches on offer that things Senator McCain was working on ADM Gary Roughead, Retired. year. After all, this was a famous and my ability to continue to do so. I think the importance of this Com- venue that had hosted the giants of One of the first things of which I was mission report reflects what Senator American politics—William Jennings aware but not really aware of the depth McCain hoped to achieve, and that is a Bryan, Harry Truman, JFK. that he had taken it is a new relation- bipartisan consensus, a unanimous re- Well, guess who delivered the closing ship in the State of Arizona among the port which provides advice to the Sec- address at the Jackson Day dinner this three pillars representing the defense retary of Defense and will provide ad- year. CLAIRE MCCASKILL, whose impact establishment in our country and spe- vice to both the House and the Senate. on her State and her country, as well cifically in the State of Arizona. These As I said, there has already been a as on the Senate and on so many of us, are, first of all, our military installa- hearing before the Senate Armed Serv- belongs in the same category as those tions—Arizona is blessed to have a lot ices Committee, and I know the House

VerDate Sep 11 2014 04:25 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.050 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7853 committee is going to invite members perimeter of the property to show me for this short period. Godspeed as you of the Commission to brief it as well. all of the interesting things he had dis- leave. It is my hope that the recommenda- covered over the last several months, f tions of this bipartisan Commission including where the hawks live and NOMINATION OF WILLIAM R. will be followed by the Congress and by where the owls live and where they EVANINA the President and the Secretary of De- found the rattlesnakes and all of the fense because I think they represent other things that pleased him to be a Mr. BURR. Mr. President, I rise some very strong conclusions about part of that environment. today—and it was my intent to ask what is necessary to enhance our na- So we are hopeful that we can get unanimous consent with my colleague, tional security. this Service Corps Act passed, if not in the vice chairman of the Intelligence A third thing Senator McCain wanted the latter part of this session, at least Committee—for the Senate to confirm to do as chairman of the Armed Serv- perhaps early next year. Bill Evanina as Director of the Na- ices Committee was to hold a series of I want my colleagues to know that tional Counterintelligence and Secu- hearings or briefings before the com- although Senator McCain passed away rity Center. mittee that focused on the advances in in the early part of his Senate term, he Bill has served our Nation for over 23 technology that were having and can was working on a lot of things that his years, including service as a super- have an important impact on our na- staff and I wanted to continue to move visory special agent and assistant sec- tional security—in many cases, on the forward, and I am just pleased we have tion chief with the Federal Bureau of kinds of things that we acquire in sup- been able to move these items forward Investigation. Prior to joining the port of our military superiority, things and wanted my colleagues to appre- NCSC, Bill served as the chief of coun- like hypersonics and artificial intel- ciate that, as well as his friends and terespionage at the CIA. ligence, super-advanced computing, constituents in the State of Arizona. Bill has served honorably as the Di- cyber technology, and the like. I thank my colleagues here who rector of the NSC since June of 2014, After speaking with the chairman of helped to make some of these things before the position required Senate the Senate Armed Services Committee possible and urge that they continue to confirmation, necessitating a vote by now, Senator INHOFE, it is my under- focus on the one item of unfinished the U.S. Senate. Here is a guy who has standing that he, in fact, has a plan to business that can perhaps be accom- served for 31⁄2 years, and we changed carry out this legacy of Senator plished next year. the statute and said that this is a posi- McCain and hold a series of briefings I conclude by thanking the Governor tion that the Senate needs to confirm early next year on all of these techno- of the State of Arizona for appointing in the future, and, all of a sudden, the logical issues so that our Members will me to serve for part of the remainder of same guy who has been there is now be better able to evaluate the kinds of Senator McCain’s term. It has been a being held up. things that will help our military have great honor and privilege for me to Intelligence threats facing our Na- superiority in the future. I am happy again serve the people of the State of tion are numerous. They are growing, to have had some small part to play in Arizona, particularly to succeed my and they are significant. Bill is experi- advancing that. friend and colleague John McCain. enced, professional, and understands There were a couple of other more I yield the floor. the threats through real world experi- specific things that Senator McCain The PRESIDING OFFICER. The Sen- ence. We need a Director who can ably didn’t work on but which bear his ator from Virginia. lead our Nation’s counterintelligence name that I wanted to mention. Mr. WARNER. Mr. President, I am security activities during a period of One, I cosponsored and helped secure going to be here on another matter in unprecedented threats. We need some- passage of S. 2827, which was a bill to a moment, but I wanted to add my one who can actively and effectively reauthorize the Morris K. Udall and thanks to the great work that Senator engage and educate the private sector Stewart L. Udall Foundation at the KYL has done. on the threats—something Bill has University of Arizona. This was some- I remember coming here as a fresh- done time and again. thing that Senator McCain helped to man Senator in early 2009, and JON KYL Director Evanina was unanimously create and to foster throughout his ca- was one of the people who was kind approved by the Senate Select Com- reer. But I am also pleased to announce enough to take me in. We didn’t always mittee on Intelligence in May, and it is that this legislation names the founda- agree. I still remember a very famous time this body moved forward. We can- tion’s environmental conflict resolu- battle over slots at National Airport. not continue to let politics or non- tion center after the late Senator John But JON KYL has always been someone germane issues get in the way of con- McCain. I am pleased to make that an- I have enormous respect for. I think firming good people. nouncement here. Senators on both sides of the aisle have I ask this body to confirm Bill There is one other item that we are respect for him, and we very much ap- Evanina as Director of the National continuing to try to accomplish in Sen- preciate his willingness to come back Counterintelligence Security Center ator McCain’s name. We are not across into service, fulfilling part of the ten- without further delay. the finish line yet, but we hope to get ure of his dear friend, Senator McCain. I yield to my vice chairman of the there. That is something called the 21st I know enough about JON KYL to Intel Committee. Century Conservation Service Corps know that, shall I say, his livelihood The PRESIDING OFFICER. The Sen- Act, S. 1403. This bill carries the name prior to coming back into the Senate ator from Virginia. of Senator McCain, and it was one of was quite good, and his willingness to Mr. WARNER. Mr. President, I want his favorite projects. It expands vol- give that up to serve Arizona and the to join with the chairman of the com- unteerism in our national parks and country is a real tribute to the indi- mittee and basically echo what he has public lands. vidual and the patriot he is. We will all said. I can tell you that while John miss him, and I wish him all the best Bill Evanina is a true professional. I McCain came to Arizona having lived going forward. have had a chance to work with him in many other places of the world and The PRESIDING OFFICER. The Sen- for a number of years in my role on the in the United States, primarily as a re- ator from North Carolina. Intelligence Committee and, more result of his service in the Navy, he ac- Mr. BURR. Mr. President, I want to cently, as vice chair. Let me cite one quired a love for the State of Arizona add my thanks to my colleague from example. which is unequalled among all of us Arizona. I came to speak on something Outside of his lane—not a duty as re- who have been there for a very long else, and I will say this: If there is one quired—Bill has been a consistent voice time. He loved the beauty of the State, individual I have tried to emulate since in raising concerns about the chal- the ruggedness of it, the incredible va- the day I came to the U.S. Senate, it lenges and threats that are posed by riety in the flora and fauna. When I has been JON KYL. He represented Ari- China. As a matter of fact, the chair- would visit John and Cindy’s home in zona well, but, more importantly, he man and I were recently in Austin, and the Sedona area, I could always count represented the Kyl name well. JON, I Bill came down and gave one of the on being taken on a hike around the am grateful that you would come back most powerful briefs I have heard,

VerDate Sep 11 2014 05:46 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.051 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7854 CONGRESSIONAL RECORD — SENATE December 19, 2018 which he has done a number of times I have been privileged to serve with like expanding access to healthcare for for the committee and increasingly for each and every one of them and want children through the CHIP program the business community, talking in an to spend a few moments thanking each and providing help to those suffering honest, straightforward way about the of them for the wisdom and experience with HIV/AIDS through the Ryan security threats, the intellectual prop- they brought to their work and for White CARE Act. erty theft, the host of concerns that their friendship. I was pleased to have the opportunity confront our country by China. BOB CORKER and I worked on many to work with him in 2005, 2010, and 2015 Bill Evanina is one of those rare pub- foreign policy matters together, given to reauthorize the Stem Cell Thera- lic servants, and I don’t think—as the my role as ranking member on the peutic and Research Act, to build upon chairman has pointed out, since he re- Armed Services Committee and his as and improve the National Marrow ceived unanimous confirmation from chairman of the Foreign Relations Donor Program and the National Cord the Intelligence Committee—that Committee. I have appreciated BOB’s Blood Inventory to better treat dis- there is any question about his service, willingness to reach across the aisle in eases and expand access to lifesaving any question about his temperament, an attempt to remove barriers to gain- therapies. any question about his ability to do ing bipartisan cooperation on bills and Most recently, he helped enact the the job—no partisan challenges to him, other policy matters. I also appreciate Music Modernization Act, which I as the chairman has mentioned. He has how much BOB was willing to speak his know meant a lot to him, given his served in his current position for 31⁄2 mind and stand up to administrations own musical interests and talents. years. of his party and of my party over the He ends his service here as the Sen- We do him and other intelligence last several years, particularly with re- ate’s President pro tempore. I wish him professionals a disservice when they spect to his very astute analysis of the health and happiness in his retirement. are arbitrarily held up for confirma- situation with Russia and other major I think his retirement will be just as tion, not because of a substantive issue issues confronting the United States active as his days in the U.S. Senate, that this individual may have per- today. given his personality and also given his formed or not performed but because of He has long focused on international determination to serve wherever he is. HEIDI HEITKAMP, as she put it ‘‘beat a totally extraneous issue. development and human rights, causes the odds’’ to get here. A breast cancer My intent today, along with the I have been glad to support alongside survivor, the lesson she learned from chairman, was to ask unanimous con- him, including a joint resolution, Sup- that experience is to use the time she sent that the Senate proceed to the Ex- porting a Diplomatic Solution in ecutive Calendar nomination, getting has been given for ‘‘good and noble pur- Yemen and Condemning the Murder of Bill Evanina permanently confirmed to poses.’’ She ‘‘chose for good or for bad Jamal Khashoggi; for promoting eco- this job. He is an individual who, if we to come to the United States Senate’’ nomic growth in developing countries are not careful and don’t act on soon, and has served a noble purpose with through U.S. business investment in may decide to take his extraordinary noble action. the recently enacted BUILD Act; and professional skills and find much high- We are so grateful that she did. HEIDI consistently fighting to end modern er remuneration in the private sector has been a tireless champion of North slavery. rather than serving our country. Dakota throughout her time in the I am not going to ask for that UC We also served together on the Bank- Senate. She worked hard to advance today in deference to one of our col- ing, Housing, and Urban Affairs Com- opportunities for Native Americans leagues who has lodged an objection to mittee. Here, too, he spent his time and veterans, to boost funding for flood the nomination. It is my hope that be- reaching across the aisle, trying to find protection, and to secure the northern fore the end of this session, the chair- constructive solutions, and informing border, to name just a few. man and I will come to the floor one our work on issues ranging from finan- She and I worked together on the more time and make this request. cial system reforms to housing finance. Banking, Housing, and Urban Affairs I implore the Member who has a chal- We will miss his bipartisan spirit, Committee. Most recently, I was par- lenge against Mr. Evanina, again, not and I wish BOB only the best as he ticularly appreciative of her insight on based on his performance, not based on leaves the Senate. proxy access and her support for my his politics, not based on any profes- I have also had the privilege and legislation on this matter, S. 3614, the sionalism he brings to this job—my pleasure to join with JEFF FLAKE in Corporate Governance Fairness Act. hope is that the Member will reflect many moments; last week, we were at HEIDI has also been a relentless advo- and decide to remove this extraneous an event together honoring the late cate for a functioning Export-Import objection and allow this great profes- Senator John McCain. He reminisced Bank, an issue critical to many North sional to be confirmed to a position he about the times he worked with John Dakotans. Her voice and insight will be 1 on key policies that aimed to put our has already served in for the last 3 ⁄2 missed on this issue and so many oth- years. country over party politics. ers that come before the banking com- I yield back. He worked hard to resolve tough mittee. The PRESIDING OFFICER. The Sen- issues like immigration reform and In addition, over the last 2 years, ator from Rhode Island. protecting the special counsel inves- HEIDI has taken on the issue of mater- f tigation, and his preferred route to ad- nal mortality rates in our country. dressing these challenges was not to in- More women in the United States die TRIBUTE TO DEPARTING crease the heated rhetoric but to turn from pregnancy-related complications SENATORS down the volume of the debate, so all than in most developed nations, and Mr. REED. Mr. President, I want to sides could be heard and so the Senate the number is increasing. This has im- take a moment to salute my colleagues could try to move forward in a rational pacted so many families in North Da- who are departing the Senate at the and bipartisan way. kota and across the country, and HEIDI conclusion of the 115th Congress: BOB Just as with BOB CORKER, JEFF’s ap- has worked across the aisle to put CORKER of Tennessee, JEFF FLAKE of proach will be missed in this body. I forth solutions. In the coming days, we Arizona, ORRIN HATCH of Utah, HEIDI hope others on both sides of the aisle expect President Trump to sign into HEITKAMP of North Dakota, DEAN will recognize what they have done and law her legislation, which I was privi- HELLER of Nevada, JOE DONNELLY of In- take up their mantle. leged to cosponsor, to help address this diana, CLAIRE MCCASKILL of Missouri, ORRIN HATCH has long served the peo- issue. I salute her and wish her the BILL NELSON of Florida, and JON KYL of ple of Utah with distinction as chair- best. Arizona. All of these Members have man of three committees: Finance, Ju- DEAN HELLER and I worked together dedicated themselves to serving their diciary and what was once called the with a great deal of energy and com- constituents, their States, and our Labor Committee but is now the HELP mitment when both of our States and country. The institution of the Senate Committee. He worked across the aisle our Nation were in deep crisis in the and the Nation as a whole are stronger to pass landmark laws, often with his aftermath of the Great Recession. Ne- because of their service and commit- friend Senator Ted Kennedy. He was in- vada and Rhode Island took turns hav- ment. strumental in passing critical laws, ing the sad distinction of the highest

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Our work together was of great im- agency responsible for POW-MIA recov- I enjoyed our time serving together portance, and I wish him the best in all ery and accounting efforts. and wish him the best as he goes for- of his future endeavors. CLAIRE has also worked tirelessly to ward. He is a great American. I want to turn my attention to three end wasteful wartime contracting prac- Finally, I would like to recognize Members I had the privilege to work tices, following in the footsteps of an- Senator JON KYL. I thank JON for his with and serve with on the Armed other Missouri Senator and one of her willingness to serve again following the Services Committee. political heroes, President Harry S. passing of Senator John McCain. JOE DONNELLY has been the ranking Truman. CLAIRE has been a steadfast I had the privilege of serving with member of the Strategic Forces Sub- advocate for oversight throughout her him in his prior stint in this body. He committee. He chose this position be- career, and her work to root out waste served for many years in Republican cause of the Navy’s installation in In- and strengthen accountability has leadership, including as minority whip. diana called the Naval Surface Warfare made a difference in how effectively He was also a longstanding member of Center—Crane. This installation serves the government works for the Amer- the Finance Committee. I was not on as the primary engineering center for ican people. this committee, but given my advocacy the Navy’s Strategic Systems Pro- Again, I wish her well in the future for extending unemployment insur- gram, which manages our fleet of bal- and know it will be a future that is ance—for which there was a critical listic missile weapons systems. I had also committed to service to others. need at the time—I did have a chance the chance to join Joe on a visit, and I BILL NELSON has been a close and to serve with him on the Conference was most impressed with their capa- valued colleague for many years in the Committee for the Middle Class Tax bilities but more impressed with his Armed Services Committee. He is the Relief and Job Creation Act of 2012. tireless efforts to ensure that this fa- only Senator to have flown in space It was a pleasure to serve with him. cility—and indeed all of Indiana—had and, as a result, has been our acknowl- He is a man of principle, a man of great the very best. edged expert, to both Republicans and decency and dignity, someone who has In addition to ensuring our men and Democrats, on matters pertaining to women in uniform have the resources honored the Senate with his service, space. His knowledge of military and and tools they need—like those manu- honored Arizona with his service, and civilian space issues was particularly makes us all very proud to know him. factured in Crane—JOE has always been important during our debate on replac- concerned about caring for veterans It was indeed a pleasure to serve, all ing the Russian RD–180 rocket engine, and is a well-known advocate for sui- too briefly, with him as a member of which is used in a number of national cide prevention programs. Indeed, it the Armed Services Committee. security launches, with a U.S. variant. was his legislation, more than any oth- I would like to thank him for his That debate, along with his leadership ers, that helped establish a program to service and wish him well as he leaves on NASA reauthorization legislation, assist veterans and to assist Active- this body once more. To all my col- has introduced competition for space Duty personnel who are coping with su- leagues, I give them my greatest re- icidal tendencies. That was something launch to a wide array of new compa- spect and admiration for their service nies. As a nation, we are much better JOE did with great passion and great to their States, to the Senate, and to commitment and great success. off for his efforts. Because of Senator the United States of America. JOE assumed the seat that Senator NELSON’s leadership, we now have a vi- I yield the floor. Richard Lugar previously held and car- brant and entrepreneurial launch and The PRESIDING OFFICER. The Sen- ried on the legacy of Senator Lugar’s satellite industry that reaches well ator from Mississippi. Cooperative Threat Reduction Program outside the traditional national secu- Mr. WICKER. My friend from Ne- into the future, which today continues rity realm and is lowering the cost of braska, Senator SASSE, tells me he has to secure stocks of nuclear, chemical, access to space. remarks that will take approximately 2 and biological agents around the world. Recently, he took on the cyber mis- minutes. I have remarks that will fol- His work on reducing stockpiles of sion as the ranking member on the Cy- low that will take somewhat longer these dangerous weapons is a critical bersecurity Subcommittee. His steady than 2 minutes. component of making the world safer hand was integral in guiding this new I ask unanimous consent that Sen- for generations to come. subcommittee during a time in which ator SASSE be allowed to speak before JOE DONNELLY has done great work we face countless cyber threats. We me and that I might speak afterward here, and I wish him well. He is a gen- will miss his knowledge and leadership for such time as I will consume. tleman and someone I admire and reas we debate pressing issues of our na- The PRESIDING OFFICER. Without spect immensely. tional security in the next Congress objection, it is so ordered. I have also been extremely proud to and Congresses to come. The Senator from Nebraska. serve alongside CLAIRE MCCASKILL on He has also done able work as the f the Armed Services Committee. Claire lead Democrat on the Commerce Com- CONSTITUTION DAY ESSAYS has been a leader of the Senate effort mittee, fighting for consumers. And, as to prevent and respond to sexual as- a strong advocate for stricter gun con- Mr. SASSE. I thank the Senator sault in our military. She was a prin- trol legislation, we worked together on from Mississippi for yielding to me. cipal cosponsor of the Victims Protec- the 3D Printed Gun Safety Act of 2018 Mr. President, I rise to highlight the tion Act, a bipartisan package of re- and on the Extreme Risk Protection work of some truly impressive Ne- forms that represent a substantial leap Order and Violence Prevention Act. braska high school students. In Sep- forward in preventing and responding I also want to thank him for his lead- tember, to celebrate Constitution Day, to sexual assaults in the military. It is ership in enacting the Military Lend- my office offered a challenge to high a testament to CLAIRE’s determination ing Act in 2006, which caps the annual schoolers in my State to submit essays and hard work that these laws are in interest rate for an extension of con- describing ‘‘The Relationship Between place, but, also, she was the first to sumer credit to a servicemember or his the Declaration of Independence and recognize that our work is not done. or her dependents at 36 percent. Be- the U.S. Constitution.’’ We received She was continually involved in ensur- cause of his efforts, servicemembers contributions from across Nebraska ing that whatever legislative initia- and their families have strong con- from students in public, private, and tives we passed were actually imple- sumer protections that defend them home schools. mented. That work is ongoing, and against unscrupulous lenders who Today, I am pleased to announce the CLAIRE’s efforts have given us a strong unpatriotically prey upon them while three winners: Ingrid Williamsen from foundation to continue those efforts. they are selflessly and courageously Logan View Senior High School in the

VerDate Sep 11 2014 06:24 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.055 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7856 CONGRESSIONAL RECORD — SENATE December 19, 2018 First Congressional District; Patrick has the right to life, liberty and the pursuit live under tyranny any longer and desired an Collins from the AP U.S. History Class of happiness. The Declaration set limits on alternative form of government. The Con- at Mount Michael Benedictine in Elk- the government to ensure these rights are stitution resulted as a document that pro- horn in the Second Congressional Dis- inevitable and never taken away by the gov- tected the young country from inevitable ernment. tyranny. trict; and Kate Pipher from Nebraska The Constitution was put in place so that The authors of the Constitution perceived Christian School in Central City in the the rights and liberties laid out in the Dec- that in order to preserve the truths laid out Third Congressional District. laration of Independence could be enforced. in the Declaration and to secure the bless- The lessons these three Nebraska It is the document that sets forth how the ings of liberty for their children and fol- students can teach us are enduringly new government will function. It puts limits lowing generations, a written law was nec- relevant not only for other high on the government so that it cannot infringe essary. The Declaration of Independence pro- upon the rights of the people. It gives the vided a mandate for government to preserve, schoolers but in this body today. I secure, and provide the rights our generous would like to read briefly from each of new government the power to guarantee the liberty of all the people. Both functions are God bestowed upon us. The Constitution ful- their essays. directly tied to the Declaration. filled that mandate. The ‘‘We the People’’ Ingrid Williamsen wrote: The Declaration of Independence will re- from the preamble are, in essence, the same The Constitution was put in place so that main the same as it is now, it cannot be citizens who recognized their rights from the rights and liberties laid out in the Dec- changed. This makes it a purely historical their Creator in the Declaration of Independ- laration of Independence could be enforced. document. The Constitution is a living docu- ence. Acting upon the desire to preserve It puts limits on the government so that the ment and has been and can be amended. This these rights, they crafted two humble docu- government cannot infringe on the rights of was by design and allows both documents to ments that cataclysmicly shaped the course the people. It gives the new government the better protect the natural rights of all. of America’s history. power to guarantee the liberty of all the peo- The relationship between the two docu- PATRICK COLLINS FROM MR. JOHN ROSHONE’S ple. Both functions are directly tied to the ments, the Declaration of Independence and APUSH CLASS AT MOUNT MICHAEL BENE- Declaration. the Constitution, is one that cannot be bro- DICTINE IN ELKHORN, NEBRASKA In her essay, Kate Pipher wrote: ken. Without either of them, the history and One of the most fitting metaphors attrib- The Founding Fathers adopted a humble future of the United States would have a much different blueprint. They are two of uted to Abraham Lincoln is that of the Con- posture to both their Creator and a great hu- stitution as the silver frame that protects manity. They understood they did not pos- the most important and endearing documents in the history of the United States. the golden apple of the Declaration of Inde- sess the power to redefine the rights of man. pendence. While it certainly is apt to say Their role was to defend, discover, and reveal Chief Justice Warren Burger once said, ‘‘The Declaration of Independence was the prom- that the Constitution’s framework is meant those rights for the citizens. The Constitu- to embody the political philosophy presented tion’s goal is to protect the inalienable ise, The Constitution was the fulfillment’’. The Declaration of Independence would be an in the Declaration of Independence, even rights of every individual Image-Bearer that more important than this overarching idea is the Declaration of Independence lays out. unfulfilled promise had the Constitution not been put in place. a more specific one. Most Americans are fa- Finally, in his essay, Patrick Collins miliar with the words ‘‘we hold these truths to be self-evident,’’ but arguably more perti- referenced Abraham Lincoln’s ‘‘Frag- KATE PIPHER—NEBRASKA CHRISTIAN ment on the Constitution’’ and de- nent to the relationship between the Con- The Declaration of Independence and The stitution and the Declaration is an idea only clared that the Constitution is ‘‘the sil- Constitution of the United States of America discovered through a more than cursory ex- ver frame that protects the golden share a substantial relationship because they amination of the Declaration’s less cele- apple of the Declaration of Independ- both outline basic truths for The American brated portion: the 27 grievances listed ence. . . . Thus, the Constitution is in- People that have caused our country to against the king of England. These griev- deed a structural embodiment of those thrive. To begin, the Founding Fathers argue ances illustrate the ease with which the famous Truths which we held then and that all rights come from a Creator, not a British government simply disregarded the fallible government. Then they conclude hold now to be self-evident.’’ English ‘‘constitution,’’ wherein the rights that the purpose of the American govern- of the people and powers of the government I am grateful to have received so ment is to secure these God-given rights. were often vague, unwritten traditional un- many great essays from students The Declaration of Independence recog- derstandings subject to individual interpre- across Nebraska. I thank all of them nizes there are Laws of Nature that God es- tation. The first Americans knew from expe- for their work. It is clear to me that tablished. These laws are principles for what rience that any document or governmental not only their classmates but Wash- is just, right, and true. They state that all structure attempting to restrict the govern- ington and this body can learn some people have equal standing and dignity be- ment and preserve the people’s rights would Schoolhouse Rock Civics from Ne- fore God. Because certain truths are self-evi- be woefully inadequate if not written frankly dent, citizens carry responsibility to self- and followed strictly. In that sense, the Dec- braska high school kids. govern. They are accountable to more than a I would like to congratulate Ingrid, laration is not simply about the need for man-made government, they are accountable independence but even more about the Kate, and Patrick. to a Sovereign God. ancillarity of a written Constitution in pre- Mr. President, I ask unanimous con- The authors of both documents recognized serving the desired freedom. sent to have printed in the RECORD they were discovering, not defining the in- Understanding the importance of adhering their full essays. alienable rights of humanity. The right to to a strict structure, it is eminently clear There being no objection, the mate- Life, Liberty, and Happiness outlined first in that any interpretation or judicial decision rial was ordered to be printed in the the Declaration of Independence and then that seeks to change the original meaning of again in the 5th amendment to the Constitu- this structure is misguided. Attempting to RECORD, as follows: tion are God-given. The Founding Fathers push the Constitution in a desired direction THE RELATIONSHIP BETWEEN THE DECLARA- adopted a humble posture to both their Cre- without actually changing its words, while TION OF INDEPENDENCE AND THE CONSTITU- ator and a greater humanity. They under- typically well-intentioned, betrays the ideals TION stood they did not possess the power to rede- expressed in the Declaration and fought for INGRID WILLIAMSON—LOGAN VIEW SENIOR HIGH fine the rights of man. Their role was to de- in the Revolution and undermines the pur- The Declaration of Independence and The fend, discover, and reveal those rights for the pose of creating a written Constitution in Constitution are very separate but closely citizens. The Constitution’s goal is to pro- the first place, and yet so many still seek to related documents. They are quite similar in tect the inalienable rights of every indi- do so. Our cultural misunderstanding of this many ways and work together to form the vidual Image-Bearer that the Declaration of portion of the reasoning behind American backbone of the United States. Independence lays out. This is the unique, independence is so pervasive that a large The Declaration of Independence was writ- profound outlook that both documents por- portion of American society truly believes ten to justify the Colonies independence tray. that the Supreme Court has the authority to from Great Britain. It goes further and sets It was no accident that the men who create new laws and amendments from the forth the principals and ideas for a fair new penned the Constitution utilized many of the bench. If so many Americans continue to government. The Constitution outlines how terms from the Declaration of Independence. treat our founding documents with such the new government would function and en- The Constitution is an attempt to mirror flippancy, we will not even realize as our force the rights in the Declaration. natural law with a civil, written law. In an leaders begin to do the same and our Con- The Declaration of Independence was de- ideal world, the natural law of God and the stitution effectively morphs into the vaguely signed and drafted to justify the Colonies law of man would align exactly. The Found- understood one that the British had so long breaking away from Great Brittan. The Dec- ing Fathers stressed that the bent of the ago. We have forgotten so thoroughly the laration made clear promises as to the lib- human heart is towards tyranny. The Dec- grievances that necessitated independence erties that should be given to all men, that laration of Independence was an announce- that we would not bat an eye if our own gov- all men are created equal, and that everyone ment that the citizens of America would not ernment were to violate the same principles

VerDate Sep 11 2014 04:25 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.057 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7857 of freedom today. Our Founding Fathers ‘‘support, strengthen, and assist’’ Gua- The Bitkovs eventually immigrated would cringe to see our Constitution treated temalan institutions responsible for in- to Guatemala in 2009 after paying a le- more and more like the one from which they vestigating crimes committed by so- gitimate law firm for Guatemalan sought so furiously to gain independence at called ‘‘illegal security groups’’ and passports with new identities for their the genesis of our nation. Thus, the Con- protection. The Bitkovs settled into a stitution is indeed a structural embodiment ‘‘clandestine security organizations.’’ of those famous truths which we held then Although CICIG enjoys complete func- new life that was blessedly free from and hold now to be self-evident. However, the tional independence, the agreement Russian harassment and intimidation. oft-forgotten grievances in the Declaration stated that CICIG must discharge its Igor and Irina began teaching at a local render the need for a government and a peo- mandate in ‘‘accordance with Guate- school. Anastasia began to heal from ple that hold to the original meaning of that malan law and the provisions of the her ordeal. A son, Vladimir, was born Constitution equally self-evident to any who Constitution.’’ Regrettably, this provi- in 2012. dare to dig deeper. sion has not been followed. The reprieve was short-lived. VTB, The PRESIDING OFFICER (Mr. Despite noble goals, it has become one of the Russian banks, collaborated GARDNER). The Senator from Mis- apparent that CICIG is not being held in 2015 with CICIG and the Guatemalan sissippi. accountable to either Guatemalan law Attorney General to arrest the Bitkovs f or the United Nations. As the largest for passport violations. Detained in ap- financial contributor to the United Na- palling conditions, Anastasia was de- GUATEMALA tions, the United States has an interest nied medication and had a nervous Mr. WICKER. Mr. President, yester- in investigating the credible allega- breakdown. Three-year-old Vladimir day the Government of Guatemala tions that CICIG was grossly overstep- was sent to an orphanage for 42 days took a decisive step toward regaining ping its mandate. After all, the Amer- without having contact with his par- sovereignty. Guatemala revoked the ican taxpayers were largely financing ents or appointed guardians. Eventu- visas of and deported 11 U.N. personnel this enterprise. ally freed by a court order and with an working for the International Commis- The questionable practices of CICIG upper respiratory infection, conjunc- sion Against Impunity in Guatemala, and its unelected leader have been re- tivitis in both eyes, and clear physical better known by its Spanish acronym ported in our national papers. The Wall and psychological abuse, Vladimir re- CICIG. Street Journal’s Mary Anastasia turned to his family. This is modern- Chartered in 2006 to help the Guate- O’Grady has been a close observer of day CICIG in Guatemala. malan state fight corruption, CICIG Colombian jurist Ivan Velasquez, who Under the direction of CICIG, the morphed into a modern-day United Na- serves as CICIG’s Commissioner. Ms. Bitkovs were sent to trial in February tions proconsul, selectively admin- O’Grady states: of 2017. The Guatemalan Court of Ap- istering justice and abusing power in Under his leadership, there is strong evi- peals, however, enjoined the Bitkovs’ ways never intended. dence that CICIG routinely flouts the rule of prosecution and stated that the family Voices on the political left, both here law and tramples civil liberties in violation was not criminally liable for passport and overseas, will no doubt decry the of the Guatemalan constitution. His methods violations. Despite this injunction, a can’t be supported by a republic that pledges lower court, at the behest of CICIG, decision by the duly constituted Gov- allegiance to transparency and human ernment of Guatemala. I take the floor went ahead with the case and eventu- rights. ally sentenced Igor Bitkov to 19 years of the Senate this afternoon to state Powerful institutions have a tend- plainly my emphatic approval of this and Irina and Anastasia to 14 years in ency to amass more powers to them- prison. Let me repeat—19 years and 14 action by our Guatemalan friends. selves and stretch their authority far Prior to yesterday’s action, Guate- years for passport violations. They beyond their legal mandates. Even its were passports that they believed to be malan President Jimmy Morales had most strident supporters have ac- previously announced that CICIG’s legitimate based on legal advice they knowledged that CICIG now essentially had been given. These were infractions mandate would not be renewed after answers to no one and needs to be re- September 3 of next year. The Presi- that are usually settled with a fine at formed. Nowhere is this contention worst, but this was all in collaboration dent’s decision marks a logical and better supported than the CICIG- welcome step toward ending CICIG’s with CICIG and the Russian accusers. backed persecution of the Bitkov fam- Following more convoluted legal presence in Guatemala. Ultimately, an ily on behalf of the Russian Govern- wrangling, Igor Bitkov was released on independent country has the right to ment. For all its flaws, which are nu- house arrest in May, but, inexplicably, decide if, and under what terms, a su- merous, CICIG’s decision to conspire Irina and Anastasia remained in jail— pranational institution can administer with Russia is the most outrageous. more injunctions, more appeals, more justice within its borders. CICIG was Igor and Irina Bitkov built a success- tortuous legal proceedings. Irina and never meant to be permanent, and no ful paper mill company, the Northwest Anastasia were finally released on bail country could accept an unending in- Timber Company, in Russia’s in mid-June. This is CICIG in Guate- fringement on its sovereignty. Cer- Kaliningrad enclave. This rare example mala. Pushed by CICIG, the Constitu- tainly, we in the United States would of successful private enterprise in Rus- tional Court, which is the highest never consent to having an inter- sia was once valued at nearly half a bil- court in Guatemala, ordered a retrial national body—accountable to no one— lion dollars, but success comes with a for the Bitkovs. It began last week and run our judicial system. Our Guate- price in Putin’s Russia. supposedly continues. malan friends have determined it is In 2005, a senior officer of the state- American taxpayers who are footing time for CICIG to leave, and they have owned Sberbank demanded that the the bill for CICIG have a right to ask a right as a sovereign nation to make Bitkovs sell him a controlling stake in Commissioner Velasquez and his CICIG that decision. their company. Imagine. It is an offer team: Is this the way to fight corrup- The initial reasons behind CICIG’s the Bitkovs refused. Two years later, tion in Guatemala? In short, CICIG, presence in Guatemala cannot be dis- the Bitkovs’ 16-year-old daughter, under the direction of Commissioner puted. Like many Latin American Anastasia, was kidnapped, drugged, Velasquez, has gone from fighting cor- countries, Guatemala had suffered raped, and held until the Bitkov family ruption to doing Vladimir Putin’s dirty from pervasive corruption, and its gov- paid a ransom. work even. He has gone even so far as ernment was in ruins from a decades- In April 2008, three Russian state to persecute victims, like the Bitkovs, long civil war. Criminal enterprises banks—the VTB, Sberbank, and of corruption. colluded with politicians, military offi- Gazprombank—forced the Bitkovs’ The Bitkov affair demonstrates how cers, and other government officials to company into bankruptcy by calling in badly CICIG has gone astray and why bribe, cheat, and steal. Mafias, with the immediate repayment of nearly President Morales is right to want it deep tentacles into the state, acted $160 million in loans. Traumatized and out of his country. CICIG was estab- with such impunity that Guatemala threatened with detention and death, lished to help investigate and pros- felt compelled to ask for outside help. the Bitkovs decided to flee Russia. ecute Mafias who were entrenched in In 2006, Guatemala and the United Na- More death threats followed as Moscow the state and able to act with impu- tions signed an agreement meant to opened a criminal case in 2009. nity. Yet it gets involved in a passport

VerDate Sep 11 2014 04:25 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.011 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7858 CONGRESSIONAL RECORD — SENATE December 19, 2018 violation case against a family that is with CICIG, a well-intended agency women who serve right here in the U.S. clearly fleeing Russian persecution. that has exceeded its mandate and out- Capitol, who work through the holi- CICIG is supposed to be above re- lived whatever usefulness it may ini- days to ensure that every American proach. Yet it collaborates with a tially have had. who visits the Nation’s Capitol can do state-owned Russian bank that, inci- I yield the floor. so safely. It is important that we keep dentally, is currently under U.S. sanc- The PRESIDING OFFICER (Mr. them in our thoughts as we gather with tions. The CICIG is doing the bidding of WICKER). The Senator from Colorado. family and friends this holiday season Putin’s henchmen in its acting as the f to celebrate. long arm of Russia’s dictatorship. The I would also like to take a moment RECOGNIZING OUR MEN AND intervention of a Kremlin-controlled to thank the families of these brave WOMEN IN LAW ENFORCEMENT bank shows that influencing CICIG is a men and women whose sacrifices must part of the Kremlin’s broader campaign Mr. GARDNER. Mr. President, I not be forgotten. They endure time to exert pressure across Latin America, come to the floor to honor our men and apart from their loved ones so that and we ought to be concerned about women in law enforcement. As Mem- families, like millions across this coun- that. bers of Congress and their staffs head try, will know peace and security dur- Earlier this month, in the Wall home this holiday season, we must re- ing their holiday celebrations. Street Journal, Ms. O’Grady wrote that member the sacrifice of those who When thinking about the brave men the creeping intervention from Moscow make our communities safe, those who and women who defend that thin blue is designed to damage U.S. interests by make our safety possible. line, I am always reminded of the destabilizing liberal democracy. This year, across the United States, words of LTC Dave Grossman, who ADM Craig Faller, the commander of 143 law enforcement officers have paid said, ‘‘American law enforcement is the the U.S. Southern Command, told the the ultimate price. loyal and brave sheepdog—always Senate Armed Services Committee In Colorado, we honor three fallen of- standing watch for the wolf that lurks that Russia is flooding Latin America’s ficers. We honor Deputy Sheriff Heath in the dark.’’ It is my hope that the internet, social media, and television McDonald Gumm, whose final act was thoughts and prayers we all offer to outlets with original and reproduced to bravely pursue an armed suspect. We those who wear the blue uniform will propaganda to sow doubt about U.S. in- will never forget the courage and brav- bring them comfort as they carry out tentions. Russia has also provided cru- ery of his action. We honor Deputy this solemn duty. I am thankful for cial financial support to the infamous Sheriff Micah Lee Flick, who was their service and thankful to their fam- Maduro regime in Venezuela, and it killed in the line of duty in February of ilies for their continued sacrifice. competes with the United States to this year after serving in the El Paso I am also reminded of the words of provide military support for regional County Sheriff’s Office for 11 years. We Joe Rice, a former State legislator in partners. also honor the memory of Sergeant Colorado, with whom I served. He Another strategic competitor, China, Matthew Moreno, who was killed in the served multiple tours in Iraq and Af- is also seeking to influence important line of duty in Las Animas County just ghanistan and wrote how he prays for U.S. partners in Latin America. China last week. He was responding to re- his fellow soldiers and their safety each has provided more than $140 billion in ports of domestic violence when his and every day by saying and praying: Belt and Road Initiative loan commit- cruiser and that of another officer’s For all of those around the world in harm’s ments. Beijing is now Latin America’s crashed into a civilian’s vehicle that way, we pray with you. Please God, just not second largest trading partner. was headed in the opposite direction. today. Although CICIG once played a sig- Unfortunately, the occupants of the Each and every day, we echo that nificant role in exposing and pros- other vehicle, including a 1-year-old same prayer. ecuting serious corruption, it has now child, also lost their lives. Thank you to the men and women in fallen victim to Lord Acton’s famous The pain of losing loved ones this blue. observation—that power tends to cor- close to the holidays is unimaginable. I also thank my colleague from New rupt and absolute power corrupts abso- Sergeant Moreno ends his watch Jersey, Senator MENENDEZ, for allow- lutely. after having served honorably for 5 ing me to speak out of turn. I greatly President Morales has made a deci- years. He is survived by his loving fam- appreciate it. sion, as the duly elected head of a sov- ily, including his three beautiful chil- I thank the Presiding Officer for tak- ereign country, that he will no longer dren, Summer, Morgan, and Jared. He ing the Chair. tolerate an increasingly neocolonial has been described as being a superhero I yield the floor. force. The United States should stand to his kids. It seems very fitting given The PRESIDING OFFICER (Mr. behind this decision. The CICIG was the bravery that he showed throughout GARDNER). The Senator from New Jer- never supposed to stay indefinitely. his career. He is also remembered for sey. This move by the Guatemalan Gov- his sense of humor and his love for f ernment does not absolve its own re- hunting and fishing—something all sponsibility to fight corruption. In- Coloradans can relate to. Our prayers CLIMATE CHANGE deed, we should demand a redoubling of are certainly with Sergeant Moreno’s Mr. MENENDEZ. Mr. President, I am these efforts. As a critical country in family and with the families of those in going to be shortly joined by my dis- the Western Hemisphere, a return to the other vehicle. I also offer my sin- tinguished colleague from Rhode Is- pre-CICIG conditions would be unac- cere condolences to the entire Las land, Senator WHITEHOUSE, for an ex- ceptable. This is the chance for Guate- Animas County Sheriff’s Department. change we will have, but in order to malans to work toward the justice that The officers have not just lost a fellow preserve the time on the floor, I will CICIG abandoned with its complicity in officer but a brother. start. Moscow’s vendetta. This should begin All of the officers whom we lost this I come to the floor today to once with an end to the Bitkov family’s long year were neighbors, beloved family again join the Senator from Rhode Is- nightmare. Their ordeal has gone way members, and extraordinary Colo- land in calling attention to the crisis beyond a miscarriage of justice, and radans who gave their lives to protect that is climate change. I want to thank with CICIG’s being gone, Guatemala their communities. Although the need my friend Senator WHITEHOUSE for his must do the right thing without fur- is great, so few of us are blessed with passion, his persistence, and his refusal ther delay or excuse. the level of bravery and courage shown to let the Senate be silent in the face In conclusion, the duly constituted each and every day by the men and of one of the greatest threats to ever Government of Guatemala has made women in law enforcement. confront our Nation and the world. the right decision and should be con- As we all enjoy the warmth of this Some say we can’t afford to invest in gratulated for yesterday’s action. The holiday season, law enforcement offi- clean, renewable, American-made en- country’s leadership took a necessary cers around the country will stand ergy. I say we cannot afford not to. The step in asserting its sovereignty and in guard in cold and uncertain streets. fact is, every year that goes by without ending a dysfunctional relationship This includes the selfless men and a comprehensive strategy to reduce the

VerDate Sep 11 2014 04:25 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.059 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7859 carbon pollution responsible for warm- unfortunately, we have remained at an Since Katrina in 2005, the NFIP has ing our planet is another year in which impasse for over a year now, unable to been in the red, borrowing from the the Federal Government of the United fix a program that we all know is badly Treasury Department to pay claims. States fails to protect future genera- broken. Some say that we should just jack up tions from the immense environ- We in New Jersey witnessed firsthand the premiums on homeowners and keep mental, economic, and human costs in- the pervasive problems plaguing the charging more to get at this imbal- flicted by climate change. National Flood Insurance Program—or ance; that if we ask homeowners to pay I yearn for the day that this body what we call NFIP—after Superstorm more and more and more, eventually summons the courage to stand up to Sandy hit in 2012. It was bad enough the NFIP will have enough money to the special interests and boldly con- that so many New Jerseyans had to pay all of the claims without bor- front this challenge, for the longer we grapple with the heartbreaking loss of rowing. But higher premiums alone are wait, the more expensive and the less their homes in the wrath of Sandy, so not the answer. Of course we want ev- effective we will be. And if you don’t it made my blood boil to see the suf- erybody to pay their fair share, but the believe me, just look at our National fering compounded by a badly broken undeniable reality is that the more we Flood Insurance Program, which is al- flood insurance program. We found our- raise the premiums, the more home- ready in dire need of comprehensive, selves lost in a system that put the owners leave the National Flood Insur- forward-thinking reform. policyholder last and that looked for ance Program altogether, and that I have spent the better part of the every reason to deny legitimate claims guarantees the program’s failure. past 2 years bringing Democrats and and made up some when they didn’t Instead of looking simply to raise Republicans together in support of exist. We had homeowners who found prices, I want to focus on reducing such a plan. Yet the majority has stub- the foundations of their homes had costs. I believe the best way out of this bornly refused to debate our legisla- washed away into the ocean, only to hole is to make proactive investments tion, forcing us to pass short-term re- have their claim denied because their in resiliency and mitigation to reduce authorizations that preserve a broken insurance company claimed it wasn’t the damage in the first place. In other status quo. Like the totality of the cli- floodwaters but moving soil that words, we must build coastal commu- mate threat, when it comes to flood in- caused the damage. The insurance ad- nities that are resilient and strong, so surance, every time we kick the can juster didn’t stop to consider that the damage inflicted by the storms of down the road, the can only gets heav- maybe it was the 5-foot storm surge the future is less expensive to recover. ier. that moved the soil in the first place. That is why the SAFE NFIP Act in- This is a photograph of Doug Quinn, For our coastal and inlet commu- cludes $1 billion-per-year in mitigation who served honorably in the U.S. Ma- nities, climate change isn’t some far- funding and more than triples the max- rines. He is a constituent whom I have out problem; it is here. We are already imum increased cost of compliance—or gotten to know very well and who got feeling the effects and bearing the the ICC—grant from $30,000 to $100,000. snagged by this very loophole. As you We also require that this funding be costs in the form of rising sea levels can see from this picture, the storm spent more wisely, allowing home- and increasingly powerful storms. Even surge from Sandy inundated his home, owners to use ICC grants before their if the President of the United States and it ripped apart his foundation, house is destroyed. I have never under- suddenly reversed course and put leaving a large hole in his living room. stood why we require homeowners to America on a path to slow our chang- But despite paying his flood insurance sit in harm’s way and wait for the next ing climate, we would still need to ad- premiums for years and despite serving storm to come before we help them re- dress how we manage a heightened risk our Nation honorably as a U.S. marine, duce their flood risk. It makes no for flooding. From fishing, to tourism, Doug’s claim was denied. Supposedly it sense. Our bill would fix that. By giv- to trade and so much more, the fact is, was Earth movement, but the Earth ing Americans the tools to reduce their America’s coastal communities are never moved until the 5-foot storm risks, we can save the NFIP and the vital to our long-term economic com- surge came along. taxpayer billions of dollars. petitiveness, and to give up on them in We saw mitigation programs that Our legislation also goes after waste- the face of rising sea levels would be to were so cumbersome and delayed that ful private insurance company fees, give up on our country. many homeowners simply gave up. We which consume about 30 cents of every According to the Union of Concerned had new flood maps come online that premium dollar, despite taking on none Scientists, sea level rise will put an es- were 80 percent inaccurate in some of the risk. That is good business if you timated 325,000 homes and businesses, counties. We had FEMA using taxpayer can get it. Don’t get me wrong—that is worth more than $135 billion, at risk of dollars to drag homeowners through good business if you can get it, and I chronic flooding in the next 30 years. expensive litigation until they gave up have no problem with private compa- With increased risks for flooding comes on their flood claims. nies making a profit, but every dollar a whole host of challenges. Falling The struggles of everyday New they make comes from the pockets of property values will further strain Jerseyans revealed to me the dramatic policyholders. local budgets, leading to downgraded shortcomings in our Flood Insurance The NFIP also currently pays about government credit ratings. As commu- Program and left me determined to fix $400 million in interest every year. nities lose out on approximately $1.5 them, so I began working on flood in- That is 10 percent of its annual pre- billion in property taxes per year, surance reform that took the lessons miums—money that could be going to- hard-working taxpayers will feel the we learned after Sandy and turned ward flood prevention and mitigation. pain. It will cut away at middle-class them into action. That is why our bill freezes interest families’ most valuable asset, the foun- In the summer of 2017, I introduced payments on the NFIP debt and redi- dation of their financial nest egg, the Sustainable, Affordable, Fair, and rects that funding toward mitigation. which is their home. Efficient—or SAFE—NFIP Act, which Rather than paying interest to our- According to a paper published by is a comprehensive flood insurance re- selves and forcing the NFIP to borrow the University of Pennsylvania Librar- form bill cosponsored by four Demo- even more, let’s use that money to re- ies, ‘‘As sea level rise manifests along crats and three Republicans here in the duce future damages, save taxpayer the coasts—reducing property value— Senate. I know this town already has dollars, and build safe communities. impacts on revenue will present new too many acronyms, but this one clear- We cannot have a solvent and sus- challenges in servicing debt . . . and ly spells out the first major goals we tainable flood insurance program if it present a greater probability of default have in this bill. We want the NFIP— isn’t affordable to the people who de- by local government.’’ the National Flood Insurance Pro- pend on it. The NFIP’s debt and major We cannot simply keep spending gram—to be sustainable, we want it to hurricanes have put upward pressure money to preserve the status quo. We be affordable, we want it to be fair, we on premiums, making it more and need a system for managing flood risk and want it to be efficient. more expensive to get coverage. So it is that pushes our country toward resil- Let’s start with sustainability. We no surprise that a lot of people have iency and treats our people and the have to put the NFIP on the path to been forced to drop their flood insur- communities they live in fairly. But, solvency. ance.

VerDate Sep 11 2014 05:46 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7860 CONGRESSIONAL RECORD — SENATE December 19, 2018 Indeed, in the face of rising pre- sible to ultimately deny the policy- have taken one slice of that in talking miums, the NFIP has lost more than holder any resource. about the National Flood Insurance 650,000 policies—or over 10 percent of Taken together, these reforms will Program and how we can mitigate our its total business—just since 2009. Has not only give policyholders a fair way and look to a set of circumstances the risk of flooding decreased since shake, they will also save the NFIP rein which we can save enormous con- 2009? Absolutely not. Are there fewer sources that can be better directed to sequences for New Jersey families and homes in floodplains now? No, of mitigation, to mapping, and to other families across our country and save course not. By way of example, when cost-saving investments. the taxpayers’ money. But the ulti- you consider the floods that struck We have to recognize that the NFIP mate savings in this is beyond a new Louisiana and Texas and New Jersey in and its 5 million policyholders can’t flood insurance program. It is making recent years, the answer is an un- solve all of our Nation’s flooding prob- sure that we don’t continue to see the equivocal no. What is happening is that lems on their own. We need to invest climate change that has taken place, the premiums have just gotten too ex- tens of billions of dollars elevating and which creates the storms that my pensive for middle-class families to af- buying out flood-prone properties that State endured—Superstorm Sandy— ford. At the end of the day, this also get hit year after year, those particu- and other major superstorms across hurts the solvency of the NFIP be- larly repetitively lost properties. We the Nation that put us at risk as a peo- cause, just like every other insurance need to incentivize homeowners who ple, that put our economies at risk, model, a small pool means a more ultimately will get out of those flood- that really threaten the very essence of risky, more expensive pool. prone properties so that they are not our existence as we know it. Our bill creates a first-of-its-kind, subject to the consequences of con- I appreciate the distinguished Sen- means-tested affordability program stantly getting flooded and we collec- ator from Rhode Island leading us in that helps middle-class and working tively are not subject to the incredible this regard. families afford flood insurance. Pricing costs that are a result of that. I yield the floor. families out of coverage and leaving There simply aren’t enough resources The PRESIDING OFFICER. The Sen- ator from Rhode Island. them without a way to protect their in the NFIP to even put a dent in this Mr. WHITEHOUSE. Mr. President, I homes does nothing to address the un- problem. So instead of spending hundreds of billions of dollars on disaster am very grateful to the distinguished derlying risk. On the contrary, it will senior Senator from New Jersey for grants each time a storm strikes, why be taxpayers who ultimately assume joining me again this week to bring at- not spend a fraction of that on the the risk when they are asked to fund tention to the challenges that climate front end that will yield real dividends uninsured disaster assistance. change and rising seas pose for our It is our responsibility to taxpayers in the future? When a disaster strikes, coastal communities. Our States—New our immediate priority should always to make the NFIP as fair and as effi- Jersey and Rhode Island—shared the be to save lives and get survivors back cient as possible. I have no doubt that unforgettable experience of to a sense of normalcy as quickly as hundreds, if not thousands, of New Superstorm Sandy, which roared possible. Jerseyans dropped their flood insur- ashore on higher tides and warmer While recovery funding is absolutely ance after Sandy because of how they oceans. We know, in New Jersey and vital, it shouldn’t be at the expense of were treated. They faithfully paid their Rhode Island, how vulnerable we are. premiums for years, often decades, rebuilding stronger, more resilient As sea levels rise and storms inten- without filing a single claim. Then, communities more capable of weath- sify, the National Flood Insurance Pro- when Sandy struck and they tried to ering the next storm. gram should be one of our govern- collect what they were entitled to, We have a problem in Congress of ment’s best tools to educate and pre- they had to suffer another disaster. short-termism: living in the present pare our communities for the changes This time it was a manmade one—the and not looking ahead. We are afraid of that carbon pollution is driving to our storm after the storm. After losing ev- making tough political decisions in the coasts. But the program falls well erything they had worked for their en- present, even when the future is on the short of this basic goal. Instead of tire lives, they had to fight against an line. We see it with flood insurance, tackling its shortfalls head-on, ahead insurance company and a daunting and we see it with climate change. of the next big storm, for instance, we Federal bureaucracy. Some appealed, The American people desperately are getting set to punt again on the some sued, and some just gave up. need Congress to overcome this short- Flood Insurance Program. I pledged to them I would never let sighted short-termism. We must start My Ocean State, much smaller than this happen again. Our legislation thinking beyond the storm that just New Jersey, has 400 miles of coastline makes good on that promise by putting hit or even the one that is on the hori- threatened by sea level rise and storm the customer—in this case, the policy- zon. We must begin thinking about the surge flooding, so telling homeowners holder—first. risk over the next several decades be- and coastal businesses that we will get We close notorious loopholes that cause flood risk is a climate risk we to it eventually is not good enough. allow insurers to deny claims, such as cannot afford to ignore. We must think Our coastal risk is growing, not shrink- the infamous earth-movement exclu- about what kind of future, what kind ing. sion when we know floodwaters caused of environment, what kind of economy A 2017 Zillow chart shows that over the damage. we want to leave to our children and 4,800 homes in Rhode Island—4,800 fam- We fix the appeals process, enforcing our grandchildren. ilies’ homes—valued at nearly $3 bil- FEMA’s own deadline to respond to It should not matter who controls lion would be under water by 2100, homeowners and giving people who just the House, who controls the Senate, or using an optimistic assessment of only went through a disaster more time to who sits in the White House. The 6 feet of sea level rise. Rhode Island’s file their appeal. Americans of tomorrow are depending Coastal Resources Management Coun- We require engineer studies to be on us, the leaders of today, to be bold, cil is now planning for our State to see conducted by—imagine this—actual, li- unafraid, and willing to think big. That up to 9 to 12 feet of sea level rise by censed engineers in the State where is why I hope Republicans and Demo- then. New Jersey, of course, has even they are operating. crats alike will continue to work with more at risk with its bigger shoreline, We require insurance companies to me on the issue of flood insurance and with over $93 billion worth of property provide policyholders with all of the flood prevention when we return in predicted to fall to rising seas. documents used to process their claims 2019. This problem does not wait until the so that homeowners aren’t left in the I thank, as I said at the beginning of year 2100. It hits earlier. It hits as soon dark. my comments, my distinguished col- as 30-year mortgages and insurance get We end the practice of private insur- league from Rhode Island who has real- hard to come by because banks and in- ance companies spending hundreds of ly been the conscience of the Senate on surers foresee these risks, and that in- millions of policyholder premium dol- this issue of climate change that af- hibits buyers, so prices fall—perhaps lars on private attorneys whose main fects not only those of us now here but prices even crash, as Freddie Mac is goal is to bill as many hours as pos- future generations of Americans. I predicting.

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.062 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7861 Last year, GAO reported that coastal This map shows the CRMC’s pre- their tax base and encourage folks, po- areas face particularly high financial diction for the same area for the same tentially, to leave? risks and that annual coastal property storm. It projects that homes in this The flood program should work with losses from sea level rise and increased same area may see closer to 20 feet of communities to plan for cost-effective storms will run into the billions of dol- floodwaters, which means FEMA’s map resiliency to flooding, whether it is ele- lars every year in the short run and is underestimating flood risk by 6 feet. vating properties, moving homes, or re- over $50 billion every year by late cen- It is not just errors in Rhode Island. treating from rising seas. Homeowners tury. GAO pointed to an EPA estimate Rice University and Texas A&M found should have these options. It is willful of $5 trillion in economic costs to that FEMA flood risk maps captured blindness to ignore this problem as coastal property from climate change only about 25 percent of the actual seas continue to rise and storms be- through 2100. Our coastal States can’t damage from storms that hit Houston come more unpredictable and fero- laugh that off because it makes the oil between 1999 and 2009—25 percent. Ac- cious, and it is even worse when you industry uncomfortable to talk about cording to the Houston Chronicle, more compound it with false and erroneous climate change. than half of homes damaged by Hurri- mapping so that the warnings to these Investors, creditors, appraisers—ev- cane Harvey were not listed in any families are wrong. erybody who works coastal markets—is flood risk areas, meaning they were Property owners and communities taking notice. Last December, the not required to have flood insurance or deserve proper warning about the flood credit rating agency, Moody’s, adopted meet any flood risk mitigation build- risks they face, and they deserve alter- indicators ‘‘to assess the exposure and ing codes. natives to simply rebuilding the same overall susceptibility of U.S. states to Congress continues to fund these building in the same place so that it the physical effects of climate maps on the cheap, leaving Americans can be flooded again and again and change.’’ This is Moody’s. Moody’s to bear the risk of antiquated models again, which the program now forces looks particularly at coasts and at the that don’t reflect the changes that cli- them to do. share of a State’s economic activity mate change is bringing to our coasts. With so much at risk for American generated by its coastal communities. Families are forced to endure the re- families, it is time to wake up and put It counts the homes built on flood peated damage and destruction of their in place a smart and reliable system plains, and it counts the risk of ex- homes, and taxpayers are made to pay once and for all. treme weather damage as a share of the cost of over and over and over re- I yield the floor, with my gratitude the local economy. building the same building in the same to the distinguished senior Senator The managing director at Moody’s place that is already washed away. from New Jersey in joining me here told the Chicago Tribune that Moody’s After Hurricane Harvey in 2017, the today. would be taking these risks into con- Flood Insurance Program hit its $30 The PRESIDING OFFICER. The Sen- sideration when evaluating the credit billion borrowing limit. We maxed out. ator from Washington. ratings of coastal municipalities and So in October of 2017, Congress had to f States. forgive $16 billion worth of debt to free Property appraisers are also starting up money to pay off claims for Harvey, NOMINATION OF CHAI FELDBLUM to incorporate these risks into their Irma, and Maria. The program is cur- Mrs. MURRAY. Mr. President, I come work. The Appraisal Institute’s Valu- rently at least $20 billion in debt, and to the floor today to raise concerns ation magazine quoted Rhode Island claims from the 2018 hurricane season about the unprecedented and partisan appraiser Brad Hevenor’s warning that are still being processed. The Congres- obstruction of a highly qualified nomi- homes that receive a 30-year mortgage sional Research Service, as of Sep- nee to a critical agency. today ‘‘might be completely different tember 2018, found that the program In this country, it is illegal to dis- types of property [by the end of their had only $9.9 billion of remaining bor- criminate against someone in the mortgage] than they are today.’’ He rowing authority. workplace because of the traits that points out, as Senator MENENDEZ It is time to get serious about re- make them who they are—their race, pointed out, that FEMA flood maps are forming this broken system and reform religion, sex, disability, and more—and defective, backward-looking, and often it for a changing climate and for it is the Equal Employment Oppor- insufficient at accurately predicting changing coasts—the things we know tunity Commission’s responsibility to risk for communities and homeowners. are coming at us. The current system enforce those laws and give every per- My frustrations with FEMA’s flood often leaves homeowners no option but son the opportunity to make a living risk maps are no secret. They are noto- to rebuild the same building in the for themselves without fear of dis- riously inaccurate, incomplete, and same place on the flooded property. crimination or harassment. outdated. The Agency’s modeling is CRS estimates that only about 2 per- Right now, a single Republican Sen- often based on inaccurate data and on cent of current NFIP-related properties ator is threatening to derail the con- methodology from the 1970s. It has are considered repetitive loss or severe firmation of Ms. Feldblum for another proven particularly incapable of accu- repetitive loss properties—only 2 per- term on the EEOC. Ms. Feldblum has rately capturing the different wave and cent, but that 2 percent accounts for 16 served two terms on the EEOC, where dune dynamics that determine real percent of claims, $9 billion. Over the she has earned the respect of her pro- flood risk along coasts during major life of the NFIP, those repetitive loss fessional colleagues on both sides of storms. or severe repetitive loss properties the aisle. She has strong support from The Rhode Island Coastal Resources have totaled around 30 percent of all Republicans and Democrats in the Sen- Management Council, a small State claims, about $17 billion. ate, and she has been confirmed by this agency, has had to develop its own Insurance should allow homeowners Senate twice. models to provide better risk informa- to walk away from flood-torn struc- When it comes to independent boards tion to coastal residents and commu- tures and go find new, safer homes. and commissions, including the EEOC, nities than FEMA provides. The con- Currently, only States or municipali- the Senate has a longstanding practice trast between the State’s work and ties can use FEMA to arrange buyouts of pairing nominees—one from the ma- FEMA’s maps highlights just how cost- of flood-prone properties. FEMA then jority party and one from the minority ly and potentially life-threatening reli- provides up to 75 percent of funding for party. This is so important because it ance on FEMA’s maps can be. the local government to buy the prop- allows the minority party the oppor- This map is FEMA’s map relative to erty at fair market value, and then it tunity to have a voice. In this case, it mean sea level for a 100-year storm hit- becomes open space. But the buyout allows my Democratic colleagues and ting Charlestown, RI. Here is the code process is cumbersome, it is bureau- me to ensure that employers are held as to how much flooding to expect. The cratic, it is not in the hands of the accountable for workers’ rights and worst flooding for the homes that sur- homeowners, and it doesn’t get much safety on the job. This practice is also round Ninigret Pond, along Rhode Is- use. How many mayors and city coun- important to bipartisanship in the Sen- land’s southern coast, looks to be cils want to buy out and turn to public ate. Part of that longstanding practice around 14 feet around this area here. use valuable property that is a part of is that the majority cannot railroad

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.064 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7862 CONGRESSIONAL RECORD — SENATE December 19, 2018 the nomination of a well-respected and It means workers will not be able to country for 8 years now as a member of well-qualified individual chosen by the file complaints to stop what happened the Board. He has a distinguished back- minority. to them from happening to anyone ground representing unions and work- If Ms. Feldblum’s nomination is else. ers. Right now, when the Republican blocked by this Congress, it will be an The EEOC would not be able to rule Board members are rushing decisions unprecedented power grab by the main cases where the Commission has not through that chip away workers’ jority that would permanently shift previously taken a position and a new rights, even violating ethics pledges to the balance of power in the Senate. I policy must be created, and regional do so, it is clear that the Board could hope all of my colleagues take seri- EEOC offices would not be able to hire benefit from his knowledge and exper- ously what it would mean if yet an- expert witnesses in some cases, mean- tise and voice for workers. other power of the minority in the Sen- ing that many cases would be stalled or As I have told my colleagues across ate was taken away. Most importantly, even punted. the aisle, I will not allow the Senate to if one Republican Senator insists on This is not hypothetical. Without a jam through any HELP Committee blocking Ms. Feldblum’s nomination, quorum—without a quorum—the EEOC nominees until Mr. Pearce and Ms. the work of the Equal Employment Op- would not have been able to participate Feldblum are reconfirmed to their po- portunity Commission—an agency in the 2016 case against a tire company sitions on the Board and the EEOC. workers rely on to protect their rights that refused to hire women for field po- f and safety on the job—is going to come sitions. After the EEOC intervened, UNANIMOUS CONSENT REQUEST— to a grinding halt. that company settled with 46 women EXECUTIVE CALENDAR Over the past 2 years, we have seen a and implemented safeguards to prevent shift in this country toward acknowl- further discrimination. The EEOC also Mrs. MURRAY. Mr. President, I ask edging and taking action against sex- would not have been able to participate unanimous consent that the HELP ual assault and harassment, especially in a case against the outdoor store that Committee be discharged from further in the workplace. For far too long, this discriminated against African Ameri- consideration of PN 1318 and the Sen- epidemic of powerful men taking ad- cans and Hispanic workers in hiring ate proceed to the en bloc consider- vantage of their subordinates, employ- practices and retaliated against work- ation of the following nominations: PN ees, or those without a voice was swept ers who stood up against unlawful 1318, Executive Calendar Nos. 379 and under the rug. Women and men were practices. 381; and that the Senate vote on the told to brush it off or have a sense of Workers around the country rely on nominations en bloc with no inter- humor or just endure the harassment the EEOC every day to intervene when vening action or debate. The PRESIDING OFFICER. Is there or abuse they were facing in the work- they are being harassed, discriminated objection? place. Many did because they knew against, or unfairly treated at work. The Senator from Utah. they would be punished, retaliated Whether they are being told they must Mr. LEE. Mr. President, reserving against, or even fired. work on their day of religious observ- the right to object, I first want to note After the Presidential election and ance or being told they cannot do a that it has been suggested that there is the Women’s March, when so many certain job because of their sex, the only one objection to Chai Feldblum’s women and men around the country EEOC is there for them. nomination to the EEOC. That is not made their voices heard and fought In this moment when sexual assault true. I am among those objectors; I am back against misogyny, sexism, rac- and harassment in the workplace are not the lone objector. ism, and tilted the playing field that at the forefront of our national con- My objection to this nominee relates has favored those at the top for too versation, this is the wrong message to to my belief and religious freedom. You long, we started to see women and men send to the American workers and see, religious freedom is very impor- bravely come forward at a level we their employees. We need to prove to tant to me. I am the descendant of peo- have never seen before to say ‘‘no the millions of women and men that we ple who were ordered exterminated by more’’ and to speak out against their are taking the epidemic of harassment the Governor of Missouri on October 27, experiences of sexual assault and har- in the workplace seriously. 1837. Religious intolerance cannot be assment in the workplace. I have spoken to many of my col- tolerated in this country, and I see a Because of that courage, a lot of pow- leagues on both sides of the aisle to growing wave of religious intolerance. I erful men in Hollywood, in the media, make the case for confirming Ms. see a growing wave of sentiment of peo- and in Congress have finally been held Feldblum before the end of this Con- ple suggesting that on the basis of peo- accountable for their actions, espe- gress. There is strong support on both ple’s religious beliefs, they can be sub- cially when it came to using their sides of the aisle to get this done, with ject to adverse government decision- power to take advantage of younger or the exception of one lone Republican making. less powerful women and men. Senator. Ms. Feldblum has written that she For women and men in industries I urge my colleagues across the aisle sees a conflict between religious belief outside the spotlight—in hospitality, to push aside this unprecedented ob- and LGBT liberty as ‘‘a zero-sum in technology, in farm fields, and in so structionism, and I call on the Senate game’’ where ‘‘a gain for one side nec- many offices and workplaces around to move forward with confirming the essarily entails a corresponding loss for the country—there has not been the full slate of nominees to the EEOC be- the other side.’’ I see no reason why same kind of reckoning. For many of fore this Congress ends so the Commis- that should be the case, and I think those workers, the EEOC is one of the sion can continue to fulfill its duty to that is fundamentally incompatible very few places they can turn to. The workers by enforcing protections and with our Nation’s long tradition of plu- EEOC is a resource for workers who ensuring people are able to go to work ralism and religious freedom. need to file complaints of harassment and make a living without the fear of Make no mistake—there is no mys- or discrimination. It holds employers discrimination, harassment, or abuse. tery about which side Ms. Feldblum and businesses accountable for wide- I hope that as we are confirming the thinks should win. In a separate spread discrimination and harassment. EEOC nominees, the Senate will also speech, she said: ‘‘There can be a con- Again, because of the objection of a confirm Mark Pearce to another term flict between religious liberty and sex- single Republican Senator, it is pos- on the National Labor Relations Board. ual liberty, but in almost all cases, the sible now that the EEOC will be unable Like the EEOC, the Senate has a long sexual liberty should win. . . . I’m hav- to conduct some of its most critical history of confirming majority and mi- ing a hard time coming up with any work. Here is what that means for nority members to the Board in pairs. case in which religious liberty should workers in our country. The EEOC However, this year, Senate Republicans win.’’ would no longer be able to bring some jammed through the majority members I find these remarks stunning, espe- large cases when discrimination is part without reconfirming Mr. Pearce, al- cially because an entire amendment to of employers’ general operating stand- lowing a minority seat to sit empty. the U.S. Constitution—the very first ards. That often includes hiring prac- Mr. Pearce is extremely qualified and one, by the way—is devoted to reli- tices, equal pay, or sexual harassment. has a long track record of serving his gious liberty. These are not the words

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.065 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7863 of an open-minded jurist. These are not do. It is bringing an unnecessary level The International Finance Corporation has esti- the words of an open-minded lawyer. of partisanship to a previously bipar- mated that 70 percent of women-owned small These are the words of an activist in- tisan process. and medium-sized enterprises in the formal sec- tent on stamping out all opposition to Ms. Feldblum is a highly qualified tor are unserved or underserved in terms of access to financial services, resulting in a financ- her cause. In fact, she has even said as nominee. She has already been con- ing gap of $300,000,000,000 for women-owned much. She said: ‘‘[G]ranting liberty to firmed to the EEOC twice by the U.S. small businesses. gay people . . . cannot be adequately Senate, receiving support from Demo- (6) Women’s economic empowerment is inex- advanced if ‘pockets of resistance’ are crats and Republicans alike. She is also tricably linked to a myriad of other women’s permitted to flourish.’’ Who is she to the first and only openly LGBTQ per- human rights that are essential to their ability decide whether someone should be person to serve on the Commission. to thrive as economic actors across the lifecycle, mitted to persist in their own religious After being nominated by President including— Trump for another term last year, it is (A) living lives free of violence and exploi- belief simply because those beliefs hap- tation; pen to conflict with a particular polit- time that we finally move forward with (B) achieving the highest possible standard of ical world view? Ms. Feldblum’s nomination. We need to health and well-being; As an EEO Commissioner, Ms. stop these games, and we need to allow (C) enjoying full legal and human rights, such Feldblum would be in a prime position the EEOC to fully carry out its duties. as access to registration, identification, and citi- to stamp out those pockets of resist- Mr. President, I yield the floor. zenship documents; ance. She herself has noted: The PRESIDING OFFICER. The Sen- (D) benefitting from formal and informal edu- ator from Arkansas. cation; The EEOC has jurisdiction only over em- (E) equal protection of and access to land and ployment. But other Federal agencies that f property rights; enforce sex discrimination provisions often (F) access to fundamental labor rights; look to our interpretation for guidance in in- WOMEN’S ENTREPRENEURSHIP AND ECONOMIC EMPOWERMENT (G) policies to address disproportionate care terpreting the laws they enforce. burdens; and The Federal Government should ACT OF 2018 (H) business and management skills and lead- never be used as a tool to stamp out re- Mr. BOOZMAN. Mr. President, I ask ership opportunities. ligious liberty—that principle which is unanimous consent that the Senate (7) Discriminatory legal and regulatory sys- proceed to the immediate consider- tems and banking practices are obstacles to so central to our Nation’s founding and women’s access to capital and assets, including to human happiness itself. It is so im- ation of Calendar No. 683, S. 3247. land, machinery, production facilities, tech- portant that we have to stand behind The PRESIDING OFFICER. The nology, and human resources. These barriers it. Ms. Feldblum, however, wants to clerk will report the bill by title. are often connected to a woman’s marital sta- deny exactly that. On that basis, I ob- The senior assistant legislative clerk tus, which can determine whether she is able to ject to her confirmation. read as follows: inherit land or own property in her name. These The PRESIDING OFFICER. Objec- A bill (S. 3247) to improve programs and ac- constraints contribute to women frequently run- tion is heard. tivities relating to women’s entrepreneur- ning smaller businesses, with fewer employees ship and economic empowerment that are and lower asset values. f carried out by the United States Agency for (8) Savings groups primarily comprised of UNANIMOUS CONSENT REQUEST— International Development, and for other women are recognized as a vital entry point, es- EXECUTIVE CALENDAR purposes. pecially for poor and very poor women, to formal financial services. There is a high demand Mr. LEE. Mr. President, I offer up a There being no objection, the Senate for such groups to protect and grow the savings counteroffer. I am fine with the other proceeded to consider the bill, which of women with formal financial institutions. two EEOC Commissioners. If that is had been reported from the Committee (9) Evidence shows that, once a saving group what we are worried about—the ability on Foreign Relations, with an amend- is linked to a bank, the average savings per of the EEOC to do its business—fine. I ment to strike all after the enacting member increases between 40 to 100 percent and the average profit per member doubles. Investing ask unanimous consent that the Sen- clause and insert in lieu thereof the following: in financial literacy, business leadership train- ate proceed to the en bloc considering, and mentorship are key elements to these ation of the following nominations: Ex- SECTION 1. SHORT TITLE. outcomes. ecutive Calendar Nos. 379 and 381; and This Act may be cited as the ‘‘Women’s Entre- (10) United States support for microenterprise that the Senate vote on the nomina- preneurship and Economic Empowerment Act of and microfinance development programs, which 2018’’. tions en bloc with no intervening ac- seek to reduce poverty in low-income countries tion or debate SEC. 2. FINDINGS. by giving small loans to small-scale entre- Congress finds the following: preneurs without collateral, have been a useful Mr. President. Is there objection? (1) Because women make up the majority of Mrs. MURRAY. I object. mechanism to help families weather economic the world’s poor and gender inequalities prevail shocks, but many microcredit borrowers largely The PRESIDING OFFICER. Objec- in incomes, wages, access to finance, ownership remain in poverty. tion is heard. of assets, and control over the allocation of re- (11) The vast majority of microcredit bor- The PRESIDING OFFICER. The Sen- sources, women’s entrepreneurship and eco- rowers are women who would like to move up ator from New Hampshire nomic empowerment is important to achieve in- the economic ladder, but are held back by bind- Ms. HASSAN. Mr. President, I rise clusive economic growth at all levels of society. ing constraints that create a missing middle – today to join my colleagues in urging (2) Research shows that when women exert large numbers of microenterprises, a handful of greater influence over household finances, eco- large firms or conglomerates, and very few small approval of Chai Feldblum. The EEOC nomic outcomes for families improve, and child- is a vital bipartisan agency that en- and medium-sized enterprises in between, which hood survival rates, food security, and edu- are critical to driving economic growth in devel- forces workers’ civil rights and helps cational attainment increase. Women also tend oping countries. protect them from harassment and dis- to place a greater emphasis on household sav- (12) According to the World Bank, small and crimination while on the job. The ings which improves family financial resiliency. medium-sized enterprises create 4 out of 5 new EEOC has long operated with bipar- (3) A 2016 report by the McKinsey Global In- positions in emerging markets, but approxi- tisan support and requires a quorum of stitute estimated that achieving global gender mately 50 percent of formal small and medium- its five members to decide the cases be- parity in economic activity could add as much sized enterprises lack access to formal credit. as $28,000,000,000,000 to annual global gross do- fore the Agency—cases which include The financing gap is even larger when micro mestic product by 2025. and informal enterprises are taken into account. racial discrimination, gender discrimi- (4) Lack of access to financial services that Overall, approximately 70 percent of all micro, nation, age discrimination, and the address gender-specific constraints impedes small, and medium-sized enterprises in emerging abuse of people who experience disabil- women’s economic inclusion. Roughly markets lack access to credit. ities. As my colleague from Wash- 1,000,000,000 women around the world are cur- SEC. 3. ACTIONS TO IMPROVE THE INTER- ington noted, it decides cases of sexual rently left out of the formal financial system, NATIONAL GENDER POLICY OF THE harassment as well. which causes many women to rely on informal UNITED STATES AGENCY FOR INTER- In short, the EEOC operates to pro- means of saving and borrowing that are riskier NATIONAL DEVELOPMENT. and less reliable. (a) GENDER ANALYSIS DEFINED.—In this sec- tect hard-working people who want a (5) Among other consequences, this lack of action, the term ‘‘gender analysis’’— fair shot in the workplace. Blocking cess hampers the success of women entre- (1) means a socioeconomic analysis of avail- this nominee prevents the EEOC from preneurs, including women who are seeking to able or gathered quantitative and qualitative in- carrying out the work it is tasked to run or grow small and medium-sized enterprises. formation to identify, understand, and explain

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The Office shall be head- (A) differences in the status of women and ing ‘‘micro, small, and medium-sized entered by a Director who shall possess technical ex- men and their differential access to and control prises’’; and pertise and ability to offer leadership in the over assets, resources, education, opportunities, (B) by inserting ‘‘, particularly enterprises field of financial sector development.’’; and services; owned, managed, and controlled by women’’ be- (B) in paragraph (2)— (B) the influence of gender roles, structural fore the period at the end; (i) by amending subparagraph (B) to read as barriers, and norms on the division of time be- (3) in paragraph (3), by striking ‘‘microenter- follows: tween paid employment, unpaid work (including prises’’ and inserting ‘‘micro, small, and me- ‘‘(B) USE OF CENTRAL FUNDING MECHANISMS.— the subsistence production and care for family dium-sized enterprises’’; In order to ensure that assistance under this members), and volunteer activities; (4) in paragraph (4), by striking ‘‘microenter- title is distributed effectively and efficiently, the (C) the influence of gender roles, structural prise’’ and inserting ‘‘micro, small, and medium- office shall provide coordination and support for barriers, and norms on leadership roles and de- sized enterprise’’; field-implemented programs, including through cision making; constraints, opportunities, and (5) in paragraph (5)— targeted core support for micro, small, and me- entry points for narrowing gender gaps and em- (A) by striking ‘‘should continue’’ and insert- dium-sized enterprises and local financial mar- powering women; and ing ‘‘should continue and be expanded’’; and kets.’’; and (D) potential differential impacts of develop- (B) by striking ‘‘microenterprise and micro- (ii) in subparagraph (C), in the matter pre- ment policies and programs on men and women, finance development assistance’’ and inserting ceding clause (i)— including unintended or negative consequences; ‘‘development assistance for micro, small, and (I) by inserting ‘‘, particularly by protecting and medium-sized enterprises’’; and the use and funding of local organizations in (2) includes conclusions and recommendations (6) in paragraph (6)— countries in which the Agency invests,’’ after to enable development policies and programs to (A) by striking ‘‘have been successful’’ and in- ‘‘and sustainability’’; and narrow gender gaps and improve the lives of serting ‘‘have had some success’’; (II) by inserting ‘‘, especially women’’ after women and girls. (B) by striking ‘‘microenterprise programs ‘‘the poor and very poor’’; and (b) INTERNATIONAL DEVELOPMENT COOPERA- should’’ and inserting ‘‘development assistance (C) by striking paragraph (3); and TION POLICY.—It shall be the international de- for micro, small, and medium-sized enterprises (3) in subsection (c), by striking ‘‘subsection velopment cooperation policy of the United should’’; and (a), 50 percent of all microenterprise resources’’ States— (C) by striking ‘‘, such as countries in Latin and all that follows and inserting the following: (1) to reduce gender disparities with respect to America’’. ‘‘subsection (a)— economic, social, political, educational, and cul- (b) AUTHORIZATION; IMPLEMENTATION; TAR- ‘‘(1) 50 percent of all micro, small, and me- tural resources, wealth, opportunities, and serv- GETED ASSISTANCE.—Section 252 of the Foreign dium-sized enterprise resources shall be targeted ices; Assistance Act of 1961 (22 U.S.C. 2211a) is to activities that reach the very poor; and (2) to strive to eliminate gender-based violence amended— ‘‘(2) 50 percent of all small and medium-sized and mitigate its harmful effects on individuals (1) in subsection (a)— enterprise resources shall be targeted to activi- and communities including through efforts to (A) in the matter preceding paragraph (1), by ties that reach enterprises owned, managed, and develop standards and capacity to reduce gen- striking ‘‘credit, savings, and other services to controlled by women.’’. der-based violence in the workplace and other microfinance and microenterprise clients’’ and (c) MONITORING SYSTEM.—Section 253(b) of places where women work; inserting ‘‘credit, including the use of innova- the Foreign Assistance Act of 1961 (22 U.S.C. (3) to support activities that secure private tive credit scoring models, savings, financial 2211b(b)) is amended— property rights and land tenure for women in technology, financial literacy, education, insur- (1) in paragraph (1), by inserting ‘‘, including developing countries, including— ance, property rights, and other services to goals on a gender disaggregated basis, such as (A) legal frameworks that give women equal micro, small, and medium-sized enterprise cli- improvements in employment, access to financial rights to own, register, use, profit from, and in- ents’’; services, education, enterprise development, herit land and property; (B) in paragraph (1), by striking ‘‘micro- earnings and control over income, and property (B) improving legal literacy to enable women finance and microenterprise clients’’ and insert- and land rights,’’ after ‘‘performance goals’’; to exercise the rights described in subparagraph ing ‘‘micro, small, and medium-sized enterprise (2) in paragraph (2), by striking ‘‘include per- (A); and clients, particularly clients owned, managed, formance indicators to be used in measuring or (C) improving the capacity of law enforcement and controlled by women’’; assessing the achievement’’ and inserting ‘‘in- and community leaders to enforce such rights; (C) in paragraph (2), by striking ‘‘microenter- corporate Agency planning and reporting proc- (4) to increase the capability of women and prises’’ and inserting ‘‘micro, small, and me- esses and indicators to measure or assess the girls to fully exercise their rights, determine dium-sized enterprises’’; achievement’’; and their life outcomes, assume leadership roles, and (D) in paragraph (3)— (3) by striking paragraph (4). influence decision-making in households, com- (i) by striking ‘‘microfinance and microenter- (d) POVERTY MEASUREMENT METHODS.—Sec- munities, and societies; and tion 254 of the Foreign Assistance Act of 1961 (22 (5) to improve the access of women and girls to prise institutions’’ and inserting ‘‘financial U.S.C. 2211c) is amended to read as follows: education, particularly higher education oppor- intermediaries’’; (ii) by striking ‘‘microfinance and microenter- tunities in business, finance, and management, ‘‘SEC. 254. POVERTY MEASUREMENT METHODS. prise clients’’ and inserting ‘‘micro, small, and in order to enhance financial literacy and busi- ‘‘The Administrator of the Agency, in con- medium-sized enterprises’’; and ness development, management, and strategy sultation with financial intermediaries and (iii) by striking ‘‘and’’ at the end; skills. other appropriate organizations, should have in (E) in paragraph (4)— (c) ACTIONS.—In order to advance the policy place at least 1 method for implementing part- (i) by striking ‘‘microfinance and microenter- described in subsection (b), the Administrator of ners to use to assess poverty levels of their cur- prise clients and institutions’’ and inserting the United States Agency for International De- rent incoming or prospective clients.’’. ‘‘micro, small, and medium-sized enterprises, fi- velopment shall ensure that— (e) ADDITIONAL AUTHORITIES.—Section 255 of (1) strategies, projects, and activities of the nancial intermediaries, and capital markets’’; the Foreign Assistance Act of 1961 (22 U.S.C. Agency are shaped by a gender analysis; and 2211d) is amended— (2) standard indicators are used to assess such (ii) by striking ‘‘the poor and very poor.’’ and (1) by striking ‘‘assistance for microenterprise strategies, projects, and activities, if applicable; inserting ‘‘the poor and very poor, especially development assistance’’ and inserting ‘‘devel- and women;’’; and opment assistance for micro, small, and medium- (3) gender equality and female empowerment (F) by adding at the end the following: sized enterprises’’; and are integrated throughout the Agency’s program ‘‘(5) assistance for the purpose of promoting (2) by striking ‘‘and, to the extent applicable’’ cycle and related processes for purposes of stra- the economic empowerment of women, including and all that follows and inserting a period. tegic planning, project design and implementa- through increased access to financial resources (f) MICROENTERPRISE DEVELOPMENT CRED- tion, monitoring, and evaluation. and improving property rights, inheritance ITS.—Section 256 of the Foreign Assistance Act SEC. 4. DEVELOPMENT ASSISTANCE FOR MICRO, rights, and other legal protections; and of 1961 (22 U.S.C. 2212) is amended— SMALL, AND MEDIUM-SIZED ENTER- ‘‘(6) assistance for the purpose of scaling up (1) in the section heading, by striking ‘‘MICRO- PRISES. evidence-based graduation approaches, which ENTERPRISE DEVELOPMENT CREDITS’’ and insert- (a) FINDINGS AND POLICY.—Section 251 of the include targeting the very poor and households ing ‘‘DEVELOPMENT CREDITS FOR MICRO, SMALL, Foreign Assistance Act of 1961 (22 U.S.C. 2211) is in ultra-poverty, consumption support, pro- AND MEDIUM-SIZED ENTERPRISES’’; amended— motion of savings, financial literacy, skills (2) in subsection (a)— (1) in paragraph (1)— training, and asset transfers.’’; (A) in paragraph (1), by striking ‘‘micro- and (A) by striking ‘‘microenterprise’’ and insert- (2) in subsection (b)— small enterprises’’ and inserting ‘‘micro, small, ing ‘‘micro, small, and medium-sized enter- (A) by amending paragraph (1) to read as fol- and medium-sized enterprises’’; and prises’’; lows: (B) in paragraph (2), by striking ‘‘microenter- (B) by striking ‘‘and in the development’’ and ‘‘(1) IN GENERAL.—There is authorized to be prises’’ and inserting ‘‘micro, small, and me- inserting ‘‘, in the development’’; and established within the Agency an office to sup- dium-sized enterprises’’; (C) by inserting ‘‘, and in the economic em- port the Agency’s efforts to broaden and deepen (3) in subsection (b)— powerment of the poor, especially women’’ be- local financial markets, expand access to appro- (A) in the matter preceding paragraph (1), by fore the period at the end; priate financial products and services, and sup- striking ‘‘microenterprise households lacking

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 6333 E:\CR\FM\A19DE6.012 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7865 full access to credit’’ and inserting ‘‘micro, medium-sized enterprise institution’ means an (2) The extent to which such development as- small, and medium-sized enterprises and house- entity that provides services, including finance, sistance is targeting women and the very poor, holds lacking full access to credit and other fi- training, or business development services, for including what is known about how such devel- nancial services’’; and micro, small, and medium-sized enterprises in opment assistance benefits women. (B) in paragraphs (1) and (2), by striking foreign countries. (3) The extent to which the United States ‘‘microfinance institutions’’ each place such ‘‘(8) FINANCIAL INTERMEDIARY.—The term ‘fi- Agency for International Development has de- term appears and inserting ‘‘financial inter- nancial intermediary’ means the entity that acts veloped a methodology to ensure compliance mediaries’’; as the intermediary between parties in a finan- with the targeted assistance requirement under (4) in subsection (c), in the matter preceding cial transaction, such as a bank, credit union, section 252(c) of the Foreign Assistance Act of paragraph (1), by striking ‘‘microfinance insti- investment fund, a village savings and loan 1961, as amended by section 4(b)(3), and the tutions’’ and inserting ‘‘financial inter- group, or an institution that provides financial quality of such methodology. mediaries’’; and services to a micro, small, or medium-sized enter- (4) The monitoring system required under sec- (5) in subsections (c) and (d), by striking ‘‘mi- prise.’’; tion 253(b) of the Foreign Assistance Act of 1961, croenterprise households’’ each place such term (5) by striking paragraph (9); as amended by section 4(c), including the qual- appears and inserting ‘‘micro, small, and me- (6) by redesignating paragraphs (10) through ity, appropriateness, and feasibility of such dium-sized enterprises and households’’. (14) as paragraphs (9) through (13), respectively; monitoring system. (g) UNITED STATES MICROFINANCE LOAN FA- (7) in paragraph (9), as redesignated, by strik- Mr. BOOZMAN. I ask unanimous con- CILITY.—Section 257 of the Foreign Assistance ing ‘‘of microenterprise development’’; (8) by amending paragraph (10), as redesig- sent that the committee-reported Act of 1961 (22 U.S.C. 2213) is amended— amendment be agreed to and that the (1) in subsection (a) — nated, to read as follows: (A) by striking ‘‘Administrator’’ and inserting ‘‘(10) PRACTITIONER INSTITUTION.—The term bill, as amended, be considered read a ‘‘President’’; ‘practitioner institution’ means a not-for-profit third time. (B) by striking ‘‘United States-supported entity, a financial intermediary, an information The PRESIDING OFFICER. Is there microfinance institutions’’ and inserting and communications technology firm with a mo- objection? ‘‘United States-supported financial inter- bile money platform, a village and savings loan Without objection, it is so ordered. group, or any other entity that provides finan- mediaries’’; and The committee-reported amendment (2) in subsection (b)— cial or business development services authorized under section 252 that benefits micro, small, and was agreed to. (A) in paragraph (1), by striking ‘‘United The bill, as amended, was ordered to States-supported microfinance institutions’’ medium-sized enterprise clients.’’; (9) in paragraph (12), as redesignated— each place such term appears and inserting be engrossed for a third reading and (A) in the paragraph heading, by striking ‘‘United States-supported financial inter- was read the third time. ‘‘UNITED STATES-SUPPORTED MICROFINANCE IN- mediaries’’; and Mr. BOOZMAN. I know of no further STITUTION’’ and inserting ‘‘UNITED STATES-SUP- (B) in paragraph (2), by striking ‘‘micro- debate on the bill, as amended. PORTED FINANCIAL INTERMEDIARY’’; and finance institutions’’ and inserting ‘‘financial (B) by striking ‘‘United States-supported The PRESIDING OFFICER. If there intermediaries’’. microfinance institution’’ and inserting ‘‘United is no further debate, the question is, (h) CONTENTS OF REPORT.—Section 258(b) of States-supported financial intermediary’’; and Shall the bill pass? the Foreign Assistance Act of 1961 (22 U.S.C. (10) in paragraph (13), as redesignated, by The bill (S. 3247), as amended, was 2214(b)) is amended to read as follows: amending subparagraph (B) to read as follows: ‘‘(b) CONTENTS.—To the extent practicable, passed. ‘‘(B) living below the international poverty Mr. BOOZMAN. Mr. President, I ask the report submitted under subsection (a) should line (as defined by the International Bank for contain the following: Reconstruction and Development and the Inter- unanimous consent that the motion to ‘‘(1) Information about assistance provided national Development Association (collectively reconsider be considered made and laid under section 252, including— referred to as the ‘World Bank’)).’’. upon the table. ‘‘(A) the amount of each grant or other form (j) TECHNICAL AND CONFORMING AMEND- The PRESIDING OFFICER. Without of assistance; MENT.—Title VI of chapter 2 of part I of the objection, it is so ordered. ‘‘(B) the name and type of each intermediary Foreign Assistance Act of 1961 (22 U.S.C. 2211 et f and implementing partner organization receiv- seq.) is amended in the title heading by striking ing assistance; ‘‘MICROENTERPRISE DEVELOPMENT AS- ASIA REASSURANCE INITIATIVE ‘‘(C) the name of each country receiving as- SISTANCE’’ and inserting ‘‘DEVELOPMENT ACT sistance; and ASSISTANCE FOR MICRO, SMALL, AND ME- ‘‘(D) the methodology used to ensure compli- DIUM-SIZED ENTERPRISES’’. The PRESIDING OFFICER (Mr. LEE). ance with the targeted assistance requirements SEC. 5. REPORT AND BRIEFING BY THE UNITED The Senator from Colorado. under subsection (c) of such section. STATES AGENCY FOR INTER- Mr. GARDNER. Mr. President, I ask ‘‘(2) The percentage of assistance provided NATIONAL DEVELOPMENT. that the Chair lay before the Senate under section 252, disaggregated by income (a) IN GENERAL.—Not later than 1 year after the message to accompany S. 2736. level, including for the very poor, and by gen- the date of the enactment of this Act, the Ad- The Presiding Officer laid before the der. ministrator of the United States Agency for ‘‘(3) The estimated number of individuals that International Development shall provide a brief- Senate the following message: received assistance under section 252, ing and submit a report to the Committee on Resolved, That the bill from the Senate (S. disaggregated by income level (or an appropriate Foreign Affairs of the House of Representatives 2736) entitled ‘‘An act to develop a long-term proxy for income level, including for the very and the Committee on Foreign Relations of the strategic vision and a comprehensive, multi- poor), by gender, and by type of assistance. Senate regarding the implementation of this Act faceted, and principled United States policy ‘‘(4) The results of the monitoring system re- and the amendments made by this Act, includ- for the Indo-Pacific region, and for other quired under section 253. ing actions to improve the gender policies of the purposes.’’, do pass with an amendment. ‘‘(5) Information about any method in place to United States Agency for International Develop- MOTION TO CONCUR assess poverty levels under section 254.’’. ment pursuant to section 3. Mr. GARDNER. Mr. President, I (i) DEFINITIONS.—Section 259 of the Foreign (b) PUBLIC AVAILABILITY.—The report re- Assistance Act of 1961 (22 U.S.C. 2214a) is quired under subsection (a) shall be posted and move to concur in the House amend- amended— made available on a text-based, searchable, and ment, and I ask unanimous consent (1) in paragraph (3), by striking ‘‘Committee publicly-available internet website. that the motion be agreed to and that on International Relations of the House of Rep- SEC. 6. REPORT BY THE COMPTROLLER GENERAL the motion to reconsider be considered resentatives’’ and inserting ‘‘Committee on For- OF THE UNITED STATES. made and laid upon the table. eign Affairs of the House of Representatives’’; (a) IN GENERAL.—Not later than 2 years after The PRESIDING OFFICER. Is there (2) in paragraph (4), by striking ‘‘microenter- the date of the enactment of this Act, the Comp- objection? prises’’ and inserting ‘‘micro, small, and me- troller General of the United States shall submit Without objection, it is so ordered. dium-sized enterprises’’; a report to the Committee on Foreign Affairs of (3) in paragraph (6)— the House of Representatives and the Committee Mr. GARDNER. Mr. President, I rise (A) in subparagraph (E), by striking ‘‘micro- on Foreign Relations of the Senate regarding to celebrate a momentous bipartisan enterprise institution’’ and inserting ‘‘micro, development assistance for micro, small, and me- achievement—this bill that we just small, or medium-sized enterprise institution’’; dium-sized enterprises administered by the passed for our Nation’s foreign policy. and United States Agency for International Develop- Shortly, we will send this legislation, (B) in subparagraph (F), by striking ‘‘micro- ment. now—after its passage—to the Presi- finance institution’’ and inserting ‘‘financial (b) MATTERS TO BE INCLUDED.—The report re- dent’s desk: Gardner-Markey, also intermediary’’; quired under subsection (a) shall include an as- (4) by striking paragraphs (7) and (8) and in- sessment of the following: known as the Asia Reassurance Initia- serting the following: (1) What is known about the impact of such tive Act. ‘‘(7) MICRO, SMALL, AND MEDIUM-SIZED ENTER- development assistance on the economies of de- I first want to thank an incredible PRISE INSTITUTION.—The term ‘micro, small, and veloping countries. partner throughout this entire effort,

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.012 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7866 CONGRESSIONAL RECORD — SENATE December 19, 2018 Senator MARKEY and his staff, for their included Senators RUBIO, CARDIN, and When you have the Heritage Founda- incredibly hard work on this bill and YOUNG. On June 21, we received a letter tion and former Obama administration their efforts to get this bill over the signed by Secretary Pompeo and Sec- officials on the same page, you know finish line. I believe we have set a retary Mattis formally endorsing we have done something right. strong example of how major foreign ARIA. The letter states: So again, I want to congratulate this policy can be accomplished in a very [We] value the ARIA legislation’s reaffir- body—truly the world’s most delibera- thorough and bipartisan fashion, and I mation of the United States’ security com- tive Chamber, as this bill has proved— look forward to our next effort to- mitments to our Indo-Pacific allies and part- for this bipartisan victory, and I hope gether. ners. Furthermore, ARIA’s focus on pro- the President will sign this important moting stronger regional economic engage- I also want to thank Senators CARDIN bill into law shortly. ment—and its support for democracy, the and RUBIO and their staffs, as well, for rule of law, and the development of civil so- Again, I want to thank my colleague, early and consistent support on this ef- ciety—is especially welcome as part of a dip- Senator MARKEY, for his tremendous fort. lomatically-led whole-of-government ap- leadership on this. Thanks go to the Senate Foreign Re- proach to the Indo-Pacific region. I yield the floor to Senator MARKEY. lations Committee chairman, Senator The Gardner-Markey ARIA passed Mr. MARKEY. Mr. President, I thank CORKER, the ranking member, BOB the Foreign Relations Committee the Senator from Colorado, and I rise MENENDEZ, and their staffs for helping unanimously on September 26. It to echo the sentiments of the Senator to shepherd this effort through the passed unanimously on the floor of the from Colorado. Foreign Relations Committee, where Senate on December 4, and the House I first want to thank the Senator for ARIA passed unanimously on Sep- passed ARIA by voice vote, as I men- all of his great work on this bill, for all tember 26, 2018. tioned, December 12. of the hearings that took place in the I want to thank and extend my grati- This bill is a rare piece of bipartisan subcommittee, all of the various inter- tude to the majority leader, KEVIN legislation that enjoys broad support est groups who had to be worked with MCCARTHY, and his staff for their hard in the Congress and the White House in order to make sure that this bill work to pass this bill through the but is also strongly supported by the came to pass. House of Representatives with only business community and policy ex- So I just want to thank the Senator minimal changes, by voice vote, last perts. from Colorado and thank his staff for week. On June 4, the Wall Street Journal the great work. Leader MCCONNELL and his staff took editorial board endorsed ARIA, stating: This bill is a historic bill. It is a very an early interest in this effort, and it Congress is trying to help with the bipar- important bill. It could not have hap- could not have been done without their tisan Asia Reassurance Initiative Act. . . . pened without the Senator, and I thank support. The Senate bill affirms core American alli- him for all of his incredible leadership ances with Australia, Japan, and South I am grateful to Leader STENY on this issue. Korea, while calling for deeper military and I want to thank my own staff for all HOYER, the chairman and ranking economic ties with India and Taiwan. It no- member of the House Foreign Affairs tably encourages regular weapons sales to of their great work on this issue as Committee, ED ROYCE and ELIOT Taipei. well. ENGEL, and Representative ILLEANA The U.S. Chamber of Commerce has We had an incredible bipartisan part- ROS-LEHTINEN for their support. also endorsed ARIA, stating: nership that was created between the Senator from Colorado and the Senator Nearly 2 years in the making, the The U.S. Chamber of Commerce supports Gardner-Markey ARIA Initiative will the ‘‘Asia Reassurance Initiative Act of 2018’’ from Massachusetts, but our staffs establish a generational, multifaceted, and thanks Senator Gardner [and Markey] worked very closely together. and principled U.S. policy in the Indo- for [their] efforts to strengthen U.S. stra- This bill, the Gardner-Markey Asia Pacific region, a region that is vital for tegic and economic relationships across the Reassurance Initiative Act, is a very U.S. national security and economic Indo-Pacific region. important bill, and I want to speak interests. ARIA is important because Particularly with regard to the legisla- about this bill, but in doing so, I am tion’s economic goals, we appreciate the actually speaking about something the Indo-Pacific is home to half of the bill’s focus on closer trade ties, stronger pro- world’s population, half of the world’s tections for intellectual property, and a re- that is broader, something more impor- GDP, the world’s largest standing ar- newed focus on trade facilitation. tant, something of more lasting con- mies, and six U.S. defense treaty allies. The Heritage Foundation wrote on sequence to international peace and The security and economic future of December 6: stability, and something more critical the United States depends on having Don’t look now, but a sweeping bill with to the economic well-being, security, the right policies to ensure a free and bipartisan support in Congress and the back- and fundamental rights of Americans open Indo-Pacific. Therefore, the Gard- ing of the Trump administration is one step and millions of others around the ner-Markey ARIA establishes and pro- closer to becoming reality. The Asia Reas- globe. vides new resources for a long-term surance Initiative Act, introduced by Sen. America has always had an impor- strategy to enhance security coopera- Cory Gardner . . . along with key cosponsors tant relationship with the Indo-Pacific tion with our allies and establishes the Ed Markey . . . and Marco Rubio . . . passed region, but the global landscape is Asia-Pacific security initiative. the Senate on Wednesday. This was a wel- changing, and today, more than ever, come display of leadership. It promotes American businesses the Indo-Pacific is the most consequen- through trade opportunities, projects In these partisan times, the bill has tial region, not only for the United American values of democracy, human garnered support from both current States but also for the rest of the rights, and the rule of law throughout and former administration officials and world, and that is what this bill is all the Indo-Pacific. It is a bill designed to experts across the political spectrum. about. It is how we in the U.S. Con- drive U.S. leadership as other powers As the Singapore-based Straits Times gress can reaffirm that we, No. 1, are turn to economic colonialism. wrote on December 13: and will remain committed to the Indo- Starting in June 2017, Senator MAR- Under the Obama administration, there Pacific; No. 2, recognize its shifting dy- was a big rhetorical commitment to the Asia KEY and I have held over five hearings namics and the significance these Pacific or Indo-Pacific region, but the US at the East Asia and Pacific Sub- ‘‘just flat out did not readjust our resources changes represent; and No. 3, stand committee to inform this legislation. in a way that actually backed that up,’’ said ready to marshal the leadership and re- The hearings examined a range of na- Dr. Lindsey Ford, Director of Political-Secu- sources necessary to address the chal- tional security, economic, and rule of rity Affairs for the Asia Society Policy Insti- lenges we face and capitalize on the op- law challenges in the Indo-Pacific and tute. portunities before us. culminated in a final hearing with The ARIA marks an important start to With that in mind, I again want to rectifying that, she said. extend my gratitude to my partner in State Department and Department of ‘‘The ARIA . . . if passed, would be prob- Defense officials to allow the adminis- ably one of the most consequential pieces of this endeavor, Senator GARDNER. He tration to express its views on ARIA. funding legislation that has to do with Asia, has been the best possible partner in We introduced ARIA on April 24 of that US Congress would have passed in this effort, and I want to thank him for this year with a bipartisan group that years,’’ Dr. Ford told Straits Times. everything he has done.

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.069 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7867 I also want to thank Senators bleachers to watch East Mississippi’s MERKLEY, to reflect on the 24th session CORKER and MENENDEZ for their assist- 2015 and 2016 football seasons. I will not of the United Nations Framework Con- ance in advancing this bill through the reveal any spoilers, but the Lions have vention on Climate Change that con- Senate Foreign Relations Committee undeniable star power. cluded just this last weekend in the and a litany of saints who I think One of the compelling themes country of Poland. should all be mentioned: Senator throughout the show is the belief in This important conference, which is RUBIO, Senator CARDIN, Senator second chances. Past misbehavior or better known as COP24, refers to Con- YOUNG, Senator SULLIVAN, Senator poor grades do not define these players ference of Parties 24. I think they have PERDUE, Senator GRAHAM, Senator or their futures. They have legions of been meeting for 24 years. They met COONS, Senator KAINE, Senator PETERS, fans cheering for their success and for there for 2 weeks as leaders from near- Senator WICKER—all cosponsors of this the next touchdown. They have intro- ly 200 nations, working to reach an bill, perfectly bipartisan. duced to the Nation, if not the world, agreement on how our world will actu- I also want to thank Representatives the small Mississippi town of Scooba, ally implement the Paris climate MCCARTHY and HOYER and NEAL and population 700. According to the show’s agreement. ROYCE and CASTRO and YOHO for their trailer, ‘‘One of football’s best recruit- The stakes could not be higher. I am work as well. That list of Members is ing grounds is a place you’ve never not one, as my colleagues know, given not only indicative of the level of bi- heard of,’’ but now the secret is out. to hyperbole, but the future of our partisanship there is in Congress but I would like to congratulate the East planet and the future of our children also on U.S.-Asia policy. This bill Mississippi Lions as this year’s JUCO and grandchildren may well hang in would not have been possible without champions and recognize the leader- the balance. them, and it would not have been pos- ship of the head coach, Buddy Ste- Was it a positive step forward that sible without, again, the wonderful phens, who only this afternoon was the international community could come together and agree to meaningful staffs we are blessed to have working named National Coach of the Year for action to combat climate change on a on these issues, who spent many long junior college football. global scale by finally getting to im- hours advocating for key American in- I also want to congratulate East Mis- plement the Paris Agreement? Yes, it terests and values in this legislation. sissippi’s six All-Americans this year, was. This bill represents a generational which was the most for any school ex- Having said that, this agreement is cept Iowa Western, which tied with policy framework to enhance U.S. lead- not perfect, they know it, and we know them. These All-Americans include ership in the Indo-Pacific and is a dem- it. No one is pretending that it is. It first team All-American wide receiver onstration of American commitment to falls well short of the steps that the a free and open region, as well as the Dontario Drummond and second team Intergovernmental Panel on Climate rules-based international order. running back Deon McIntosh, offensive Change, the IPCC, determined just 1 Zach Hosford and Mark Appleton on lineman LaQuinston Sharp, and defen- month ago are needed to avoid the my staff dedicated the last year to sive lineman Everitt Cunningham. most catastrophic effects of climate working and partnering with the Sen- Honorable mentions went to quarter- change over the next decade. ator. So I am pleased that the Gardner- back Messiah deWeaver and return spe- The entire world needs to do even Markey Asia Reassurance Initiative cialist DJ Clayton. There have been 32 more to address this problem. That in- will pass the Senate today, and I look All-Americans during Coach Stephens’ cludes setting much more aggressive forward to its being sent on to the 11-season tenure with the Lions. emissions reduction targets going for- President’s desk. Many East Mississippi players go on ward to address the challenges of cli- I again thank Senator GARDNER for to 4-year universities and even pro mate change in the years ahead. While all of his incredible work. football teams. LaGarrette Blount, we certainly can and should be doing I yield the floor. running back for the Detroit Lions and more, though, this agreement is cause The PRESIDING OFFICER. The Sen- a three-time Super Bowl champion, for hope that bolder future agreements ator from Mississippi. was a former East Mississippi Lion, are achievable, but reaching bolder fu- f and so was defensive back C.J. Reavis, ture agreements is going to require who plays for the Jacksonville Jag- RECOGNIZING THE EAST MIS- real leadership from leaders and from uars. Other alumni currently playing SISSIPPI LIONS, NJCAA CHAMPS nations across the world. After all, in the NFL are defensive lineman leadership is the biggest key to success Mr. WICKER. Mr. President, I rise for Jarran Reed for the Seattle Seahawks, for almost any organization or endeav- a long overdue floor speech to recog- Za’Darius Smith for the Baltimore or, and that includes saving this plan- nize a school in my home State of Mis- Ravens, Denico Autry for the Indianap- et. sissippi that continues to win national olis Colts, and D.J. Jones for the San Unfortunately, our President, along football championships, five, in fact, Francisco 49ers. with many in his administration, con- over the past 10 years. Although there is no question about tinue to reject climate science and I can assure my friends from Ala- East Mississippi’s skills on the field, deny the reality and the magnitude of bama that I am not trying to steal the the team also earned the title of being the challenges we are facing. Well, here thunder from the Crimson Tide. I am the Football Academic Team of the is the reality. here to recognize the undefeated East Year among junior colleges, showing According to NOAA, the United Mississippi Community College Lions, that the work goes far past the end States experienced 16 extreme weather- who have become their own football zone. related disasters in 2017 that exceeded dynasty and are the reigning National Our State and Nation are proud of $1 billion apiece. In the past year Junior College Athletic Association East Mississippi Community College’s alone, Americans paid $306 billion in champs. NJCAA is commonly known as success. I am confident their football damages due to storm surges, flooding, JUCO. dynasty will continue, and I look for- wildfires, crop freezes, and droughts—a What makes the East Mississippi ward to cheering them on to other new record. Community College football program championships in future years. Thirteen of our Nation’s leading sci- special is the grit and determination I thank the Presiding Officer. entific Federal agencies recently re- that fuels its success. Some of these I yield the floor. ported to us in a National Climate As- players are truly playing for their The PRESIDING OFFICER (Mr. sessment that if we do nothing to ad- lives. They are the comeback kids, ris- DAINES). The Senator from Delaware. dress our climate emissions, today’s ing above adversity to get back into f extreme weather-related events will the game. The stories of these players pale in comparison to what lies ahead. are so inspirational that they won over U.N. FRAMEWORK CONVENTION ON Here is a sampling of what we can the hearts of Americans in the Netflix CLIMATE CHANGE look forward to if we do nothing—if we documentary series, ‘‘Last Chance U.’’ Mr. CARPER. Mr. President, I rise don’t do enough. In the future, we can In the first two seasons of that pro- today with two of our colleagues, Sen- continue to expect rainfall or precipi- gram, viewers had a prime spot in the ator ED MARKEY and Senator JEFF tation as measured by the foot, not by

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.070 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7868 CONGRESSIONAL RECORD — SENATE December 19, 2018 the inch. We can continue to expect does go to 6 feet, it would result in make headlines. It has oftentimes been more wildfires in places out West, some $3.6 trillion in cumulative dam- said that climate change is not an burning areas larger than my home ages to the U.S. coastal properties and issue that drives Americans to the State of Delaware. We can continue to infrastructure. Most of our east coast polls. I think that is changing. expect extreme flooding to devastate would be underwater, including maybe Young people led the way to chang- communities like Ellicott City, MD, parts of the lowest lying State in ing our country before. I remember not too far from here, which has been America, which is Delaware. when I was your age, I say to our hit by not one but two 1,000-year floods Our next chart talks about annual pages. In the 1950s, we led the decades- in the past 2 years alone. Think about economic losses of up to $500 billion by long civil rights movement for equal that. 2090—not cumulative but every year. rights for every American under the Somebody asked me the other day: We have another chart here that law. Young activists made clear their What is a 1,000-year flood? It is some- speaks to gross domestic product. You opposition to the Vietnam war. Back in thing that is supposed to happen only may recall that when we fell into the the 1970s, when I was actually serving once in 1,000 years. They have seen two great recession around 10 years ago— during the Vietnam war as a naval of them in Ellicott City in the past 2 the worst recession since the Great De- flight officer, young people pushed hard years. pression—we saw GDP losses of just for strong environmental standards. One of the most memorable lyrics over 4 percent. It was horrible. Banks The Cuyahoga River in Cleveland, OH— from my youth and maybe for some of stopped lending money. The unemploy- north of Ohio State where I went to the others in this Chamber comes from ment rate was 10 percent or more. Peo- school—was on fire. At the same time, a guy named Stephen Stills. I would ple couldn’t get loans for anything. we had shores of our country littered describe him as a California-based cli- That is where we were. with garbage. matologist. He is not. He is a singer- If these estimates from some of the Our country is back at another one of songwriter from Buffalo Springfield best, smartest scientists in the world those make-or-break moments in our fame and Crosby, Stills, Nash, and are correct, it is not going to be losses history. We need the energy of Ameri- Young. He once wrote a lyric that goes at 4 percent; we will be looking at 10 cans of all ages, young and old, to like this: percent by 2100. No Member of this make sure we don’t blow it. We need to Something’s happening here. Just what it Senate is going to be around then, but listen to them all, especially to our is ain’t exactly clear. these pages sitting down here will be. younger Americans. After all, when Think about that. Our grandsons and granddaughters may you think about it, they should be en- Something’s happening here. Just what it well be around too. ergized by this. It is their planet, and is ain’t exactly clear. As the world works to develop mean- it is their future. Well, make no mistake, something is ingful solutions to mitigate these ef- When it comes to global challenges, happening here, and what is happening fects of climate change, the Trump ad- such as terrorism and cyber attacks, here is exactly clear. What is also clear ministration chooses to exacerbate the the United States doesn’t sit back and is, there is still time to do something problem by doubling down on dirty and wait for someone else to lead the way; about it while actually fostering eco- outdated energy policies. This adminis- we step up and we lead. We have many nomic growth in the United States and tration is also attempting to discredit dogs in this fight—some big ones and beyond our borders. Let me say that the recent science reports by pushing some not-so-big ones. We have a lot at again. Here is the good news: What is talking points from well-known cli- stake. also clear is that there is still time to mate deniers. Fortunately, acting sooner rather do something about it while actually Americans are not falling for these than later on climate change brings fostering economic growth in the tricks anymore. Americans are wit- with it a number of positives. We can United States and beyond our borders. nessing firsthand the effects of climate put our country on course to reduce Climate scientists aren’t part of some change in their communities every emissions while growing our economy. grand hoax. It isn’t some alarmist pre- day. They want action, and they want I keep coming back to this theme, and diction. It doesn’t come from some us to be part of that action. So does the it is an important theme. We can put left-leaning organization. It doesn’t business community. While this admin- our country on a course to reduce come from talk radio. The truth is that istration sits on its hands, American emissions and grow our economy. The it comes directly from our Nation’s businesses are actually stepping up in a two are not mutually exclusive—I leading scientists and leading sci- big way to combat the effects of cli- don’t care what some people say and entists around the world. mate change. Many businesses stand would have us believe. In fact, it is We also remind our colleagues that ready to do even more. They are look- quite the opposite. They are not mutu- the National Climate Assessment is ing to us here in our Nation’s Capital ally exclusive. not developed at the direction or whim to provide some leadership. What we can and should be doing is of any one person or any one adminis- To our international friends around using our energy and resources to fos- tration; it was Congress that passed a the world who are wondering where our ter new economic opportunities for law mandating that the National Cli- Nation is on climate change, I want to communities that may be dependent mate Assessment be presented every 4 say to those folks that, speaking on be- today on the old world order. years. We did it. Congress did it. That half of the majority of not just Dela- In 2017, nearly 3.2 million Americans law was called the Global Change Re- wareans but Americans, we are with were working in wind, solar, energy ef- search Act of 1990. It passed this Sen- you. We support the Paris climate ficiency, and other clean energy jobs. A ate in 1990 unanimously, and it was agreement. We want to reduce carbon year or two ago, one of them was one of signed into law by the late President emissions because we are convinced our sons. Our oldest son worked for 6 George Herbert Walker Bush, a Repub- that doing so will enable us to save our years or so helping develop ways for lican. planet and create jobs. large buildings all over the Northeast Our Nation’s leading scientists This is not a Democratic or Repub- to conserve energy. That was one of warned us yet again less than a month lican issue. This is not a blue State or the jobs. ago that if we failed to start seriously red State issue. It affects us all. If you There are 3.2 million jobs. More jobs reducing carbon emissions now, by the think climate change hasn’t reached will follow, and it is incumbent on us end of this century, we may well be your State yet, the science is clear to ensure that some of those new jobs witnessing the following tale of that eventually it will. go to people whose jobs are going away horribles. Luckily for us, young people are as we seek to reduce carbon emissions Here is a chart. First, it deals with leading the call for action. Climate in this country and on our planet. How sea levels rising 6 feet. That is a lot. change and environmental issues are would we feel if we lost our jobs and at Since 1993, it has risen 3 inches. Com- often mistakenly forgotten when we the same time, 3 million people gained pared to what we have experienced in discuss domestic issues. In today’s jobs? How about me? I was born in the last 25 years, that is a heck of a lot. news cycle, especially under this ad- West Virginia. Dad was a coal miner We would expect that if sea level rise ministration, they doesn’t always for a while earlier in his life. How

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.071 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7869 about those people? We need to make Mr. MARKEY. I thank Bishop CAR- What happened in Poland was an im- sure that when we make progress re- PER—I mean Senator CARPER as I con- portant milestone for the planet. When ducing carbon emissions, we don’t for- tinue preaching to the choir. There is Donald Trump announced that the get folks who lose their jobs because of no one who does it better than you do, United States would withdraw from the the reduction of those carbon emis- and we have to continue to do this in- Paris Agreement, he defied the wishes sions. We have to reach back and help sistently, persistently, and constantly of the majority of Americans and of them too. to make sure this message is heard. We many of our biggest business leaders We don’t have the luxury of waiting thank you for all of your great leader- because they know that being a part of around. We need to crank it up, and we ship, Senator CARPER. the Paris Agreement makes America need to get going. That is why, as the Senator MERKLEY will be joining us more competitive. It will create new senior Democrat and ranking member out here on the floor. We have so many jobs, open up new markets, catalyze of the Committee on Environment and other Members who are completely economic growth, and reduce business Public Works, which I serve on with committed to this issue. It is abso- risks. The Trump administration’s de- Senators MARKEY, MERKLEY, and oth- lutely essential that we make progress cision to pull the United States from ers, I am anxious to join them to help in 2019 and 2020 on this issue. the Paris accord continues to be a lead the fight for policies that take We are speaking on the floor today grave, unforced error that will have this country into a brighter climate fu- about the just-concluded international massive implications for our economy, ture. If we are honest with our children climate negotiations in Poland—also for our security, for our public health, and grandchildren, we don’t have any called COP24. That means conference and for our future. other choice. of parties. That means every nation on The new Conference of the Parties’ It was my hope that on the world Earth. Twenty-four. The 24 times that rule book—the new meeting of every stage this week, America’s representa- every nation on Earth met to preserve country in the world—makes the Paris tive at COP24 would make clear that the Earth, to make sure that this great Agreement stronger than ever, but the our country is ready to lead by exam- gift God gave us is, in fact, passed on United States wants the rules to simple. Unfortunately, they apparently did better than we found it and not poten- ply allow us to sit out the game. By the not. That is no reason to despair. We tially at great risk because we did not ‘‘United States,’’ I mean the Trump ad- have the facts, and I think we have the act. ministration, representing the Federal Unfortunately, given the focus of the energy and the commitment on our Government. Yet it doesn’t represent Trump administration at the climate side. the people. It doesn’t represent the Today, I want to leave our colleagues conference, you could say that we are States. It doesn’t represent the cities. with this message: Climate action here on the Senate floor not for a col- It doesn’t represent all of the busi- should not be an issue that divides us; loquy but for ‘‘coal-oquy’’—a discus- nesses in our country that are moving it should be an issue that unites us. It sion about the role of coal in our soci- on renewables, that are moving on this should unite not just this country but ety. dramatic change. the entire global community. Our In a shameful moment for our coun- Recently released scientific studies world could definitely use more unifi- try in the history of international cli- make clear that as one of the world’s cation these days, and so could our mate negotiations, the United States greatest polluters, the United States country. formed a gaslighting group with Ku- Years from now, when our sons’ chil- wait, Russia, and Saudi Arabia to cannot sit on the sidelines. You cannot dren are dealing with the inevitable downplay the findings on climate preach temperance from a bar stool. consequences of our failure to address change while at the talks in Poland. You cannot tell the rest of the world to climate change—if we do fail—there Despite the fact that in the IPCC’s do something while you yourself are al- will be a day when they might come to special report—the U.N.’s special re- lowing all of these emissions to go up me or, frankly, any of us and say: Well, port—on 1.5 degrees Celsius, the into the atmosphere. Of the 17 hottest you were a Senator, weren’t you, world’s scientists tell us that coal years on record, 16 have occurred since Grandpa? What did you do when you without carbon capture must be com- the year 2000. At the rate we are warm- had the chance to do something about pletely eliminated as a source of power ing, the world is on course to breach this impending disaster when there was by the year 2050, the United States, un- 1.5-degrees Celsius above preindustrial still time? What did you do about it? fortunately, held an official event cele- levels by the year 2030. We should all want to be able to say brating dirty fossil fuels, with no solu- The National Climate Assessment the same thing: I worked tirelessly re- tion to the problem. warns that the Northeast will warm minding, warning my colleagues, push- That is the Trump administration. faster than any other region in the ing my colleagues. We moved Heaven President Trump, I think, got his de- United States, breaching 2-degrees of and Earth to make sure that future gree in climate science from Trump warming above preindustrial levels of generations could inherit a safe, University, and the diplomas were 2035. In other words, the Gulf of healthy planet, one where their dreams handed out by the Koch brothers. This Maine—Massachusetts Bay—is the sec- and aspirations could be realized and is the problem. It is not the coal min- ond fastest warming body of water on not destroyed. ers. We have to make sure that we take the planet after the Arctic. That is My colleagues and I—especially Sen- care of the coal miners. We have to dangerous. What it means is that we ator MARKEY and Senator MERKLEY— make sure that they get the healthcare could have a total loss of coral reefs, are on the floor to make it clear that they need, the pensions they need. the doubling in loss of plant and ani- the overwhelming majority of Ameri- There is a revolution going on. It is a mal species, a loss of up to one-tenth of cans stand with every other nation in renewables revolution, and it is an all- U.S. GDP—more than double the losses the world on this issue. We need to act. electric vehicle revolution. This ad- of the great recession by 2100. We need to act now. Time is not on our ministration has been trying as hard as Senator CARPER already laid all of side. Let’s seize the day. Carpe diem. it can to stop it, to slow it down, even this out in graphic detail for the Mem- I am happy to yield the floor. as the planet gets dangerously warm. bers to see and for the American people It is like preaching to the choir. No- Fortunately, for the planet, the to see. When asked about the conclu- body has done more in this body and international community set the rules sions from his own administration’s the Congress in the last 15 years than of the road for implementing the Paris scientists on climate change, President this man here—Senator ED MARKEY climate agreement despite the misin- Trump said: I don’t believe my own sci- from Massachusetts—to try to make formation being peddled by the Trump entists on climate action. sure that we realize this is a problem, administration. The global community The world no longer sees the Amer- that we do something about it, and was in agreement in its belief in the ican President as Commander in Chief; that we do something about it soon and science of climate. Now we have a new it sees a climate denier in chief sitting in a way that creates economic oppor- rule book based on the international in the Oval Office. tunity. consensus for making progress toward Thankfully, America’s climate sci- I thank you. It is a pleasure to stand the goals outlined in the Paris climate entists are fighting for us. The world’s in front of you and serve beside you. agreement. scientists are fighting for us, and we

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.073 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7870 CONGRESSIONAL RECORD — SENATE December 19, 2018 must fight for them. We must fight ef- Markey bill. That is the pledge, that 17 solar industry as exist in the coal min- forts to censor their research. We must percent in the Waxman-Markey bill. ing industry. By 2020, we will have fight the efforts to ax their budgets. We are still capable of coming very 500,000 Americans working in wind and We must fight for them because the close to that, but we know that even solar. Who are these workers? They are work they do is essential to our plan- the U.S. commitment in Paris of up to electricians. They are roofers. They are et’s future. 28 percent in the years after that would carpenters. They are blue-collar work- One only has to look at the litany of be insufficient to limit the warming to ers all across this country. We have un- sins perpetrated by the Trump admin- 1.5 degrees by midcentury, so we need leashed a blue-collar job revolution in istration on climate science and cli- to be thinking beyond that. this country. There are hundreds of mate action to see how big of a fight We need to get to net zero emissions thousands of people working in it with we have. The list of this administra- by 2050. To get there, we will need to there being a direct assault from the tion’s efforts to weaken climate action, take unprecedented action. We need to White House going against those work- public health, and environmental rules supercharge our investments in a clean ers every single day. Blue-collar work- is so long that Senator WHITEHOUSE energy economy, and we need to do ers are workers who, right now, are and I had to publish a report to capture that at the Federal level. Globally, we five times larger in number than are all of the ways Donald Trump has al- need to cut greenhouse gas emissions the coal miners in our country. It will ready come to lead ‘‘The Most Anti-Cli- in half by 2030. We need to invest in en- be machinists to build advanced fuel- mate Administration in History.’’ ergy efficiency solutions to reduce the efficient vehicles. It will be American This is the report. It just goes on. It total energy demand by one-third. We electricians retrofitting energy-effi- is page after page of actions that the need to transform our transportation cient buildings. It will be American administration has taken to undermine system because as much as 65 percent roofers installing solar panels. Clean the progress we should be making on of energy used in transportation will energy is the greatest force for blue- climate. We just issued this report this need to come from low-emission collar, high-wage job creation in a gen- week. There are more than 114 climate sources. At the same time, in the eration. actions that President Trump and his power sector, we need at least 75 per- While we have a responsibility to Big Oil all-star team, at the Cabinet cent of our electricity to come from protect the livelihoods of the millions level in this administration, have put clean sources by 2050. of Americans who work in energy effi- in place. That has been, literally, one Getting there will not be easy, but ciency, clean energy, clean vehicles, attack per week over the past 2 years. we have the technologies that are nec- and clean fuels, we need to make sure During his tenure, President Trump essary for this to be possible. We have that those working in fossil fuel indus- nominated Andrew Wheeler, a member the momentum in the markets to get tries are supported throughout this of the coal industry’s hall of fame, to renewable energy to every corner of clean energy transition. run the Agency that is tasked with pro- this country. We are ushering our I thank Senator MERKLEY. I thank tecting our environment. He has moved power sector into a clean energy future Senator CARPER. I thank all of the to freeze fuel economy standards at that is good for our environment and Members who have worked on these 2020 levels rather than pushing for the good for our economy, as Senator CAR- issues that move us toward a 100-per- economically and technologically PER said. In the early 2020s, it could be cent renewable future. We need a green achievable goal of 54.5 miles per gallon cheaper to build new renewables from new deal for our country. Now we just by 2025. While in the White House, the scratch than to continue operating old, have to exert the political will to make President, day by day, tries his best to dirty, coal-fired power plants. That is it a reality. make sure that no progress is made. not a conspiracy; that is called com- I thank everyone for all of their work Here is what I know. We went all the petition. on this issue. In 2019, we are going to way from 1975 until 2007 with no new Adam Smith is smiling in his grave, raise every one of these climate issues law being passed on fuel economy looking at this competition unfold. The in the context of a massive job creation standards. In the House and in cost of solar has fallen 50 to 60 percent effort. We are going to save all of cre- partnering with Members over here in over the last 5 to 6 years. In fact, wind ation by engaging in massive blue-col- the Senate, I was able to pass the in- and solar are generally cheaper than lar job creation in our country. crease in 2007 for fuel economy stand- coal and nuclear energy right now. I yield the floor. The PRESIDING OFFICER. The ma- ards. That was the first increase in 32 That is not just happening here. Half of jority leader. years. President Trump has proposed a all electricity installed around the clean powerplant replacement that world last year was renewable. Let me f would kill 1,400 more Americans every say it again. Last year, half of all new FOUNDATIONS FOR EVIDENCE- year and emit 12 times more carbon di- electricity on the planet was renew- BASED POLICYMAKING ACT OF 2017 oxide. This list goes on and on. The able. Renewable energy deployment Mr. MCCONNELL. Mr. President, I only thing longer than the list of anti- around the world has increased by 8 ask unanimous consent that the Com- climate and environmental actions percent a year for 7 years in a row, and mittee on Homeland Security and Gov- taken by the Trump administration there is no likelihood that it is going ernmental Affairs be discharged from might be the number of investigations to change. further consideration of H.R. 4174 and of the Trump administration. Globally, more than 330 billion dol- the Senate proceed to its immediate Unfortunately, in the absence of lars was invested in clean energy just consideration. leadership from Trump’s Federal agen- last year. This is a global clean energy The PRESIDING OFFICER. The cies, people wonder what is happening. race. It is a global job creation race, clerk will report the bill by title. Is there a reason for hope? The answer and we cannot let nations like China The bill clerk read as follows: is yes. Our towns, our cities, our States and India and others win that race. We A bill (H.R. 4174) to amend titles 5 and 44, haven’t missed a step. There are 22 have to push ourselves harder. Right United States Code, to require Federal eval- States, 550 cities, and 900 companies now, we have more than 50,000 uation activities, improve Federal data man- with operations in the United States megawatts installed in the United agement, and for other purposes. that have climate commitments in States. By the end of 2022, we could There being no objection, the com- place. These pledgers could get us with- have over 250,000 megawatts of wind mittee was discharged, and the Senate in striking distance of our original and solar installed if we would just proceeded to consider the bill. commitment in the Paris climate continue at the pace on which we are Mr. MCCONNELL. I ask unanimous agreement. right now and don’t allow Donald consent that the Johnson-Murray sub- After the Waxman-Markey bill Trump and his cronies to roll back stitute amendment at the desk be con- passed on the floor of the U.S. House of those advances. sidered and agreed to; that the bill, as Representatives and when President We now have five times as many amended, be considered read a third Obama went to Copenhagen, the prom- workers in the solar industry as we do time and passed; and that the motion ise he made was the 17-percent reduc- in coal mining in the United States. In to reconsider be considered made and tion by 2020, which was in the Waxman- 2016, we added as many jobs in the laid upon the table.

VerDate Sep 11 2014 07:08 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.074 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7871 The PRESIDING OFFICER. Is there quired under section 306 a systematic plan with any such statistical official as nec- objection? for identifying and addressing policy ques- essary. tions relevant to the programs, policies, and Without objection, it is so ordered. ‘‘(b) MEMBERSHIP ON INTERAGENCY COUNCIL regulations of the agency. Such plan shall The amendment (No. 4171) in the na- ON STATISTICAL POLICY.—Each statistical of- ture of a substitute was agreed to, as contain the following: ficial designated under subsection (a) shall ‘‘(1) A list of policy-relevant questions for serve as a member of the Interagency Coun- follows: which the agency intends to develop evi- (Purpose: In the nature of a substitute) cil on Statistical Policy established under dence to support policymaking. section 3504(e)(8) of title 44. Strike all after the enacting clause and in- ‘‘(2) A list of data the agency intends to sert the following: collect, use, or acquire to facilitate the use ‘‘§ 315. Advisory Committee on Data for Evi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of evidence in policymaking. dence Building (a) SHORT TITLE.—This Act may be cited as ‘‘(3) A list of methods and analytical ap- the ‘‘Foundations for Evidence-Based Policy- proaches that may be used to develop evi- ‘‘(a) ESTABLISHMENT.—The Director, or the making Act of 2018’’. dence to support policymaking. head of an agency designated by the Direc- (b) TABLE OF CONTENTS.—The table of con- ‘‘(4) A list of any challenges to developing tor, shall establish an Advisory Committee tents for this Act is as follows: evidence to support policymaking, including on Data for Evidence Building (in this section referred to as the ‘Advisory Committee’) Sec. 1. Short title; table of contents. any statutory or other restrictions to accessing relevant data. to review, analyze, and make recommenda- TITLE I—FEDERAL EVIDENCE–BUILDING tions on how to promote the use of Federal ACTIVITIES ‘‘(5) A description of the steps the agency will take to accomplish paragraphs (1) and data for evidence building. Sec. 101. Federal evidence-building activi- (2). ‘‘(b) MEMBERSHIP.—The members of the Ad- ties. ‘‘(6) Any other information as required by visory Committee shall consist of the Chief TITLE II—OPEN GOVERNMENT DATA ACT guidance issued by the Director. Statistician of the United States, who shall Sec. 201. Short title. ‘‘(b) EVALUATION PLAN.—The head of each serve as the Chair of the Advisory Com- Sec. 202. OPEN Government data. agency shall issue in conjunction with the mittee, and other members appointed by the TITLE III—CONFIDENTIAL INFORMATION performance plan required under section Director as follows: PROTECTION AND STATISTICAL EFFI- 1115(b) of title 31, an evaluation plan describ- ‘‘(1) One member who is an agency Chief CIENCY ing activities the agency plans to conduct Information Officer. Sec. 301. Short title. pursuant to subsection (a) of this section ‘‘(2) One member who is an agency Chief Sec. 302. Confidential information protec- during the fiscal year following the year in Privacy Officer. tion and statistical efficiency. which the performance plan is submitted. ‘‘(3) One member who is an agency Chief Sec. 303. Increasing access to data for evi- Such plan shall— Performance Officer. dence. ‘‘(1) describe key questions for each signifi- ‘‘(4) Three members who are agency Chief cant evaluation study that the agency plans TITLE IV—GENERAL PROVISIONS Data Officers. to begin in the next fiscal year; ‘‘(5) Three members who are agency Eval- Sec. 401. Rule of construction. ‘‘(2) describe key information collections uation Officers. Sec. 402. Use of existing resources. or acquisitions the agency plans to begin in Sec. 403. Effective date. ‘‘(6) Three members who are members of the next fiscal year; and the Interagency Council for Statistical Pol- TITLE I—FEDERAL EVIDENCE–BUILDING ‘‘(3) any other information included in icy established under section 3504(e)(8) of ACTIVITIES guidance issued by the Director under sub- title 44. SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVI- section (a)(6). ‘‘(7) At least 10 members who are rep- TIES. ‘‘(c) CONSULTATION.—In developing the plan resentatives of State and local governments (a) IN GENERAL.—Chapter 3 of part I of title required under subsection (a), the head of an and nongovernmental stakeholders with ex- 5, United States Code, is amended— agency shall consult with stakeholders, in- pertise in government data policy, privacy, (1) by inserting before section 301 the fol- cluding the public, agencies, State and local technology, transparency policy, evaluation lowing: governments, and representatives of non- and research methodologies, and other rel- ‘‘SUBCHAPTER I—GENERAL governmental researchers. evant subjects, of whom— PROVISIONS’’; AND ‘‘§ 313. Evaluation Officers ‘‘(A) at least one shall have expertise in (2) by adding at the end the following: ‘‘(a) ESTABLISHMENT.—The head of each transparency policy; ‘‘SUBCHAPTER II—FEDERAL EVIDENCE- agency shall designate a senior employee of ‘‘(B) at least one shall have expertise in BUILDING ACTIVITIES the agency as the Evaluation Officer of the privacy policy; agency. ‘‘(C) at least one shall have expertise in ‘‘§ 311. Definitions ‘‘(b) QUALIFICATIONS.—The Evaluation Offi- statistical data use; ‘‘In this subchapter: cer of an agency shall be appointed or des- ‘‘(D) at least one shall have expertise in in- ‘‘(1) AGENCY.—The term ‘agency’ has the ignated without regard to political affili- formation management; meaning given the term ‘Executive agency’ ation and based on demonstrated expertise in ‘‘(E) at least one shall have expertise in in- under section 105. evaluation methodology and practices and formation technology; and ‘‘(2) DIRECTOR.—The term ‘Director’ means appropriate expertise to the disciplines of ‘‘(F) at least one shall be from the research the Director of the Office of Management the agency. and evaluation community. and Budget. ‘‘(c) COORDINATION.—The Evaluation Offi- ‘‘(c) TERM OF SERVICE.— ‘‘(3) EVALUATION.—The term ‘evaluation’ cer of an agency shall, to the extent prac- ‘‘(1) IN GENERAL.—Each member of the Ad- means an assessment using systematic data ticable, coordinate activities with agency of- visory Committee shall serve for a term of 2 collection and analysis of one or more pro- ficials necessary to carry out the functions years. grams, policies, and organizations intended required under subsection (d). ‘‘(2) VACANCY.—Any member appointed to to assess their effectiveness and efficiency. ‘‘(d) FUNCTIONS.—The Evaluation Officer of fill a vacancy occurring before the expira- ‘‘(4) EVIDENCE.—The term ‘evidence’ has each agency shall— the meaning given that term in section 3561 ‘‘(1) continually assess the coverage, qual- tion of the term for which the member’s of title 44. ity, methods, consistency, effectiveness, predecessor was appointed shall be appointed only for the remainder of that term. A va- ‘‘(5) STATE.—The term ‘State’ means each independence, and balance of the portfolio of of the several States, the District of Colum- evaluations, policy research, and ongoing cancy in the Commission shall be filled in bia, each territory or possession of the evaluation activities of the agency; the manner in which the original appoint- United States, and each federally recognized ‘‘(2) assess agency capacity to support the ment was made. governing body of any Indian Tribe, band, development and use of evaluation; ‘‘(d) COMPENSATION.—Members of the Advi- nation, pueblo, or other organized group or ‘‘(3) establish and implement an agency sory Committee shall serve without com- community which is recognized as eligible evaluation policy; and pensation. for the special programs and services pro- ‘‘(4) coordinate, develop, and implement ‘‘(e) DUTIES.—The Advisory Committee vided by the United States to Indians be- the plans required under section 312. shall— cause of their status as Indians. ‘‘§ 314. Statistical expertise ‘‘(1) assist the Director in carrying out the ‘‘(6) STATISTICAL ACTIVITIES; STATISTICAL ‘‘(a) IN GENERAL.—The head of each agency duties of the Director under part D of sub- AGENCY OR UNIT; STATISTICAL PURPOSE.—The shall designate the head of any statistical chapter III of chapter 35 of title 44; terms ‘statistical activities’, ‘statistical agency or unit within the agency, or in the ‘‘(2) evaluate and provide recommenda- agency or unit’, and ‘statistical purpose’ case of an agency that does not have a stations to the Director on how to facilitate have the meanings given those terms in sec- tistical agency or unit, any senior agency of- data sharing, enable data linkage, and de- tion 3561 of title 44. ficial with appropriate expertise, as a statis- velop privacy enhancing techniques; and ‘‘§ 312. Agency evidence-building plan tical official to advise on statistical policy, ‘‘(3) review the coordination of data shar- ‘‘(a) REQUIREMENT.—The head of each agen- techniques, and procedures. Agency officials ing or availability for evidence building cy shall include in the strategic plan re- engaged in statistical activities may consult across all agencies.

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‘‘(f) REPORTS.—The Advisory Committee (2) if appropriate, recommends actions to ‘‘(C) not encumbered by restrictions, other shall submit to the Director and make pub- further improve agency capacity to use eval- than intellectual property rights, including licly available an annual report on the ac- uation techniques and data to support eval- under titles 17 and 35, that would impede the tivities and findings of the Advisory Com- uation efforts. use or reuse of such asset; and mittee. (e) EVALUATION AND PERSONNEL STAND- ‘‘(D) based on an underlying open standard ‘‘(g) TERMINATION.—The Advisory Com- ARDS.— that is maintained by a standards organiza- mittee shall terminate not later than two (1) REQUIREMENT.—Not later than 1 year tion; years after the date of the first meeting.’’. after the date of enactment of this Act, the ‘‘(21) the term ‘open license’ means a legal (b) TECHNICAL AND CONFORMING AMEND- Director of the Office of Management and guarantee that a data asset is made avail- MENTS.—The table of sections for chapter 3 of Budget, in consultation with any inter- able— part I of title 5, United States Code, is agency council relating to evaluation, ‘‘(A) at no cost to the public; and amended— shall— ‘‘(B) with no restrictions on copying, pub- (1) by inserting before the item relating to (A) issue guidance for program evaluation lishing, distributing, transmitting, citing, or section 301 the following: for agencies consistent with widely accepted adapting such asset; ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; AND standards for evaluation; and ‘‘(22) the term ‘public data asset’ means a (B) identify best practices for evaluation (2) by adding at the end the following: data asset, or part thereof, maintained by that would improve Federal program evalua- the Federal Government that has been, or ‘‘SUBCHAPTER II—FEDERAL EVIDENCE- tion. may be, released to the public, including any BUILDING ACTIVITIES (2) GUIDANCE.—Not later than 90 days after data asset, or part thereof, subject to disclo- ‘‘311. Definitions. the date on which the guidance under para- sure under section 552 of title 5; and ‘‘312. Agency evidence-building plan. graph (1) is issued, the head of each agency ‘‘(23) the term ‘statistical laws’ means sub- ‘‘313. Evaluation Officers. shall oversee the implementation of such chapter III of this chapter and other laws ‘‘314. Statistical expertise. guidance. pertaining to the protection of information ‘‘315. Advisory Committee on Data for Evi- (3) OPM GUIDANCE.—Not later than 180 days collected for statistical purposes as des- dence Building.’’. after the date on which the guidance under ignated by the Director.’’. (c) AGENCY STRATEGIC PLANS.—Section paragraph (1) is issued, the Director of the (b) GUIDANCE TO MAKE DATA OPEN BY DE- 306(a) of title 5, United States Code, is Office of Personnel Management, in con- FAULT.—Section 3504(b) of title 44, United amended— sultation with the Director of the Office of States Code, is amended— (1) in paragraph (7), by striking ‘‘; and’’ at Management and Budget, shall— (1) in paragraph (4), by striking ‘‘; and’’ and the end and inserting a semicolon; (A) identify key skills and competencies inserting a semicolon; (2) in paragraph (8), by— needed for program evaluation in an agency; (2) in paragraph (5), by striking the period (A) striking the period at the end; and (B) establish a new occupational series, or at the end and inserting ‘‘; and’’; and (B) inserting after ‘‘to be conducted’’ the update and improve an existing occupational (3) by adding at the end the following new following: ‘‘, and citations to relevant provi- series, for program evaluation within an paragraph: sions of the plans required under section 312; agency; and ‘‘(6) issue guidance for agencies to imple- and’’; and (C) establish a new career path for program ment section 3506(b)(6) in a manner that (3) by adding at the end the following: evaluation within an agency. takes into account— ‘‘(9) an assessment of the coverage, qual- (4) DEFINITIONS.—In this Act: ‘‘(A) risks and restrictions related to the ity, methods, effectiveness, and independ- (A) AGENCY.—Except as otherwise pro- disclosure of personally identifiable informa- ence of the statistics, evaluation, research, vided, the term ‘‘agency’’ has the meaning tion, including the risk that an individual and analysis efforts of the agency, includ- given the term ‘‘Executive agency’’ under data asset in isolation does not pose a pri- ing— section 105. vacy or confidentiality risk but when com- ‘‘(A) a list of the activities and operations (B) EVALUATION.—The term ‘‘evaluation’’ bined with other available information may of the agency that are currently being evalu- has the meaning given that term in section pose such a risk; ated and analyzed; 311 of title 5, United States Code, as added by ‘‘(B) security considerations, including the ‘‘(B) the extent to which the evaluations, subsection (a). risk that information in an individual data research, and analysis efforts and related ac- TITLE II—OPEN GOVERNMENT DATA ACT asset in isolation does not pose a security tivities of the agency support the needs of SEC. 201. SHORT TITLE. risk but when combined with other available various divisions within the agency; This title may be cited as the ‘‘Open, Pub- information may pose such a risk; ‘‘(C) the extent to which the evaluation re- lic, Electronic, and Necessary Government ‘‘(C) the cost and benefits to the public of search and analysis efforts and related ac- Data Act’’ or the ‘‘OPEN Government Data converting a data asset into a machine-read- tivities of the agency address an appropriate Act’’. able format that is accessible and useful to balance between needs related to organiza- SEC. 202. OPEN GOVERNMENT DATA. the public; tional learning, ongoing program manage- (a) DEFINITIONS.—Section 3502 of title 44, ‘‘(D) whether the application of the re- ment, performance management, strategic United States Code, is amended— quirements described in such section to a management, interagency and private sector (1) in paragraph (13), by striking ‘‘; and’’ at data asset could result in legal liability; coordination, internal and external over- the end and inserting a semicolon; ‘‘(E) a determination of whether a data sight, and accountability; (2) in paragraph (14), by striking the period asset— ‘‘(D) the extent to which the agency uses at the end and inserting a semicolon; and ‘‘(i) is subject to intellectual property methods and combinations of methods that (3) by adding at the end the following new rights, including rights under titles 17 and are appropriate to agency divisions and the paragraphs: 35; corresponding research questions being ad- ‘‘(15) the term ‘comprehensive data inven- ‘‘(ii) contains confidential business infor- dressed, including an appropriate combina- tory’ means the inventory created under sec- mation, that could be withheld under section tion of formative and summative evaluation tion 3511(a), but does not include any under- 552(b)(4) of title 5; or research and analysis approaches; lying data asset listed on the inventory; ‘‘(iii) is otherwise restricted by contract or ‘‘(E) the extent to which evaluation and re- ‘‘(16) the term ‘data’ means recorded infor- other binding, written agreement; search capacity is present within the agency mation, regardless of form or the media on ‘‘(F) the requirement that a data asset be to include personnel and agency processes which the data is recorded; disclosed, if it would otherwise be made for planning and implementing evaluation ‘‘(17) the term ‘data asset’ means a collec- available under section 552 of title 5 (com- activities, disseminating best practices and tion of data elements or data sets that may monly known as the ‘Freedom of Informa- findings, and incorporating employee views be grouped together; tion Act’); and and feedback; and ‘‘(18) the term ‘machine-readable’, when ‘‘(G) any other considerations that the Di- ‘‘(F) the extent to which the agency has used with respect to data, means data in a rector determines to be relevant.’’. the capacity to assist agency staff and pro- format that can be easily processed by a (c) FEDERAL AGENCY RESPONSIBILITIES TO gram offices to develop the capacity to use computer without human intervention while MAKE DATA OPEN BY DEFAULT.— evaluation research and analysis approaches ensuring no semantic meaning is lost; (1) AMENDMENTS.—Section 3506 of title 44, and data in the day-to-day operations.’’. ‘‘(19) the term ‘metadata’ means structural United States Code, is amended— (d) GAO REPORT.—Not later than 2 years or descriptive information about data such (A) in subsection (b)— after the date on which each strategic plan as content, format, source, rights, accuracy, (i) by amending paragraph (2) to read as required under section 306(a) of title 5, provenance, frequency, periodicity, granu- follows: United States Code, is published, the Comp- larity, publisher or responsible party, con- ‘‘(2) in accordance with guidance by the Di- troller General of the United States shall tact information, method of collection, and rector, develop and maintain a strategic in- submit to Congress a report that— other descriptions; formation resources management plan that, (1) summarizes agency findings and high- ‘‘(20) the term ‘open Government data to the extent practicable— lights trends in the assessment conducted asset’ means a public data asset that is— ‘‘(A) describes how information resources pursuant to subsection (a)(9) of section 306 of ‘‘(A) machine-readable; management activities help accomplish title 5, United States Code, as added by sub- ‘‘(B) available (or could be made available) agency missions; section (c); and in an open format; ‘‘(B) includes an open data plan that—

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.013 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7873 ‘‘(i) requires the agency to develop proc- ‘‘(C) assisting the public in expanding the data inventory any data asset contained on a esses and procedures that— use of public data assets; and national security system, as defined in sec- ‘‘(I) require data collection mechanisms ‘‘(D) hosting challenges, competitions, tion 11103 of title 40. created on or after the date of the enactment events, or other initiatives designed to cre- ‘‘(C) Criteria for the head of an agency to of the OPEN Government Data Act to be ate additional value from public data assets use in determining which metadata required available in an open format; and of the agency.’’. by subparagraph (A), if any, in the com- ‘‘(II) facilitate collaboration with non-Gov- (2) USE OF OPEN DATA ASSETS.—Not later prehensive data inventory may not be made ernment entities (including businesses), re- than 1 year after the date of the enactment publicly available, which shall include, at a searchers, and the public for the purpose of of this Act, the head of each agency (as de- minimum, a requirement to ensure all infor- understanding how data users value and use fined in section 3502 of title 44, United States mation that could not otherwise be withheld government data; Code) shall ensure that any activity by the from disclosure under section 552 of title 5 is ‘‘(ii) identifies and implements methods for agency meets the requirements of section made public in the comprehensive data in- collecting and analyzing digital information 3506 of title 44, United States Code, as ventory. on data asset usage by users within and out- amended by this subsection. ‘‘(D) A requirement for the head of each side of the agency, including designating a (3) EFFECTIVE DATE.—The amendments agency, in accordance with a procedure es- point of contact within the agency to assist made by this subsection shall take effect on tablished by the Director, to submit for in- the public and to respond to quality issues, the date that is 1 year after the date of the clusion in the Federal data catalogue main- usability issues, recommendations for im- enactment of this Act. tained under subsection (c) the comprehen- provements, and complaints about adherence (d) DATA INVENTORY AND FEDERAL DATA sive data inventory developed pursuant to to open data requirements within a reason- CATALOGUE.— subparagraph (C), including any real-time able period of time; (1) AMENDMENT.—Section 3511 of title 44, updates to such inventory, and data assets ‘‘(iii) develops and implements a process to United States Code, is amended to read as made available in accordance with subpara- evaluate and improve the timeliness, com- follows: graph (E) or any electronic hyperlink pro- pleteness, consistency, accuracy, usefulness, ‘‘§ 3511. Data inventory and Federal data viding access to such data assets. and availability of open Government data as- catalogue ‘‘(E) Criteria for the head of an agency to sets; use in determining whether a particular data ‘‘(iv) includes requirements for meeting ‘‘(a) COMPREHENSIVE DATA INVENTORY.— asset should not be made publicly available the goals of the agency open data plan, in- ‘‘(1) IN GENERAL.—In consultation with the in a manner that takes into account— cluding the acquisition of technology, provi- Director and in accordance with the guid- ‘‘(i) risks and restrictions related to the sion of training for employees, and the im- ance established under paragraph (2), the disclosure of personally identifiable informa- plementation of procurement standards, in head of each agency shall, to the maximum tion, including the risk that an individual accordance with existing law, regulation, extent practicable, develop and maintain a data asset in isolation does not pose a pri- and policy, that allow for the acquisition of comprehensive data inventory that accounts vacy or confidentiality risk but when com- innovative solutions from public and private for all data assets created by, collected by, bined with other available information may sectors; under the control or direction of, or main- pose such a risk; ‘‘(v) identifies as priority data assets any tained by the agency. The head of each agen- ‘‘(ii) security considerations, including the data asset for which disclosure would be in cy shall ensure that such inventory provides risk that information in an individual data the public interest and establishes a plan to a clear and comprehensive understanding of asset in isolation does not pose a security evaluate each priority data asset for disclo- the data assets in the possession of the agen- risk but when combined with other available sure on the Federal Data Catalogue under cy. information may pose such a risk; section 3511 and for a determination under ‘‘(2) GUIDANCE.—The Director shall estab- ‘‘(iii) the cost and benefits to the public of 3511(a)(2)(A)(iii)(I)(bb), including an account- lish guidance for agencies to develop and converting the data into a format that could ing of which priority data assets have not maintain comprehensive data inventories be understood and used by the public; yet been evaluated; and under paragraph (1). Such guidance shall in- ‘‘(iv) whether the public dissemination of ‘‘(vi) requires the agency to comply with clude the following: the data asset could result in legal liability; requirements under section 3511, including ‘‘(A) A requirement for the head of an ‘‘(v) whether the data asset— any standards established by the Director agency to include in the comprehensive data ‘‘(I) is subject to intellectual property under such section, when disclosing a data inventory metadata on each data asset of the rights, including rights under titles 17 and asset pursuant to such section; and agency, including, to the maximum extent 35; ‘‘(C) is updated annually and made publicly practicable, the following: ‘‘(II) contains confidential business infor- available on the website of the agency not ‘‘(i) A description of the data asset, includ- mation, that could be withheld under section later than 5 days after each such update;’’; ing all variable names and definitions. 552(b)(4) of title 5; or (ii) in paragraph (4), by striking ‘‘; and’’ ‘‘(ii) The name or title of the data asset. ‘‘(III) is restricted by contract or other and inserting a semicolon; ‘‘(iii) An indication of whether or not the binding, written agreement; (iii) in paragraph (5), by striking the period agency— ‘‘(vi) whether the holder of a right to such at the end and inserting ‘‘; and’’; and ‘‘(I) has determined or can determine if the data asset has been consulted; (iv) by adding at the end the following new data asset is— ‘‘(vii) the expectation that all data assets paragraph: ‘‘(aa) an open Government data asset; that would otherwise be made available ‘‘(6) in accordance with guidance by the Di- ‘‘(bb) subject to disclosure or partial dis- under section 552 of title 5 be disclosed; and rector— closure or exempt from disclosure under sec- ‘‘(viii) any other considerations that the ‘‘(A) make each data asset of the agency tion 552 of title 5; Director determines to be relevant. available in an open format; and ‘‘(cc) a public data asset eligible for disclo- ‘‘(F) Criteria for the head of an agency to ‘‘(B) make each public data asset of the sure under subsection (b); or use in assessing the indication of a deter- agency available— ‘‘(dd) a data asset not subject to open for- mination under subparagraph (A)(iii) and ‘‘(i) as an open Government data asset; and mat or open license requirements due to ex- how to prioritize any such subsequent deter- ‘‘(ii) under an open license.’’; and isting limitations or restrictions on govern- minations in the strategic information man- (B) in subsection (d)— ment distribution of the asset; or agement plan under section 3506, in consider- (i) in paragraph (3), by striking ‘‘and’’ at ‘‘(II) as of the date of such indication, has ation of the existing resources available to the end; not made such determination. the agency. (ii) in paragraph (4), by striking the period ‘‘(iv) Any determination made under sec- ‘‘(3) REGULAR UPDATES REQUIRED.—With re- at the end and inserting a semicolon; and tion 3582, if available. spect to each data asset created or identified (iii) by adding at the end the following new ‘‘(v) A description of the method by which by an agency, the head of the agency shall paragraphs: the public may access or request access to update the comprehensive data inventory of ‘‘(5) ensure that any public data asset of the data asset. the agency not later than 90 days after the the agency is machine-readable; and ‘‘(vi) The date on which the data asset was date of such creation or identification. ‘‘(6) engage the public in using public data most recently updated. ‘‘(b) PUBLIC DATA ASSETS.—The head of assets of the agency and encourage collabo- ‘‘(vii) Each agency responsible for main- each agency shall submit public data assets, ration by— taining the data asset. or links to public data assets available on- ‘‘(A) publishing on the website of the agen- ‘‘(viii) The owner of the data asset. line, as open Government data assets for in- cy, on a regular basis (not less than annu- ‘‘(ix) To the extent practicable, any re- clusion in the Federal data catalogue main- ally), information on the usage of such as- striction on the use of the data asset. tained under subsection (c), in accordance sets by non-Government users; ‘‘(x) The location of the data asset. with the guidance established under sub- ‘‘(B) providing the public with the oppor- ‘‘(xi) Any other metadata necessary to section (a)(2). tunity to request specific data assets to be make the comprehensive data inventory use- ‘‘(c) FEDERAL DATA CATALOGUE.— prioritized for disclosure and to provide sug- ful to the agency and the public, or other- ‘‘(1) IN GENERAL.—The Administrator of gestions for the development of agency cri- wise determined useful by the Director. General Services shall maintain a single teria with respect to prioritizing data assets ‘‘(B) A requirement for the head of an public interface online as a point of entry for disclosure; agency to exclude from the comprehensive dedicated to sharing agency data assets with

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.013 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7874 CONGRESSIONAL RECORD — SENATE December 19, 2018 the public, which shall be known as the ‘Fed- any statistical official of the agency (as des- by inserting before section 3521 the following eral data catalogue’. The Administrator and ignated under section 314 of title 5); new section: the Director shall ensure that agencies can ‘‘(5) carry out the requirements of the ‘‘§ 3520A. Chief Data Officer Council submit public data assets, or links to public agency under subsections (b) through (d), (f), ‘‘(a) ESTABLISHMENT.—There is established data assets, for publication and public avail- and (i) of section 3506, section 3507, and sec- in the Office of Management and Budget a ability on the interface. tion 3511; Chief Data Officer Council (in this section ‘‘(2) REPOSITORY.—The Director shall col- ‘‘(6) ensure that, to the extent practicable, referred to as the ‘Council’). laborate with the Office of Government In- agency data conforms with data manage- ‘‘(b) PURPOSE AND FUNCTIONS.—The Council formation Services and the Administrator of ment best practices; shall— General Services to develop and maintain an ‘‘(7) engage agency employees, the public, ‘‘(1) establish Governmentwide best prac- online repository of tools, best practices, and and contractors in using public data assets tices for the use, protection, dissemination, schema standards to facilitate the adoption and encourage collaborative approaches on and generation of data; of open data practices across the Federal improving data use; ‘‘(2) promote and encourage data sharing Government, which shall— ‘‘(8) support the Performance Improvement agreements between agencies; ‘‘(A) include any definitions, regulations, Officer of the agency in identifying and using ‘‘(3) identify ways in which agencies can policies, checklists, and case studies related data to carry out the functions described in improve upon the production of evidence for to open data policy; section 1124(a)(2) of title 31; use in policymaking; ‘‘(B) facilitate collaboration and the adop- ‘‘(9) support the Evaluation Officer of the ‘‘(4) consult with the public and engage tion of best practices across the Federal Gov- agency in obtaining data to carry out the with private users of Government data and ernment relating to the adoption of open functions described in section 313(d) of title other stakeholders on how to improve access data practices; and 5; to data assets of the Federal Government; ‘‘(C) be made available on the Federal data ‘‘(10) review the impact of the infrastruc- and catalogue maintained under paragraph (1). ture of the agency on data asset accessibility ‘‘(5) identify and evaluate new technology ‘‘(3) ACCESS TO OTHER DATA ASSETS.—The and coordinate with the Chief Information solutions for improving the collection and Director shall ensure the Federal data cata- Officer of the agency to improve such infra- use of data. logue maintained under paragraph (1) pro- structure to reduce barriers that inhibit data ‘‘(c) MEMBERSHIP.— vides information on how the public can ac- asset accessibility; ‘‘(1) IN GENERAL.—The Chief Data Officer of cess a data asset included in a comprehen- ‘‘(11) ensure that, to the extent prac- each agency shall serve as a member of the sive data inventory under subsection (a) that ticable, the agency maximizes the use of Council. is not yet available on the Federal data cata- data in the agency, including for the produc- ‘‘(2) CHAIR.—The Director shall select the logue, including information regarding the tion of evidence (as defined in section 3561), Chair of the Council from among the mem- application process established under section cybersecurity, and the improvement of agen- bers of the Council. 3583 of title 44. cy operations; ‘‘(3) ADDITIONAL MEMBERS.—The Adminis- ‘‘(d) DELEGATION.—The Director shall dele- ‘‘(12) identify points of contact for roles trator of the Office of Electronic Govern- gate to the Administrator of the Office of In- and responsibilities related to open data use ment shall serve as a member of the Council. formation and Regulatory Affairs and the and implementation (as required by the Di- ‘‘(4) EX OFFICIO MEMBER.—The Director Administrator of the Office of Electronic rector); shall appoint a representative for all Chief Government the authority to jointly issue ‘‘(13) serve as the agency liaison to other guidance required under this section.’’. agencies and the Office of Management and Information Officers and Evaluation Offi- (2) TECHNICAL AND CONFORMING AMEND- Budget on the best way to use existing agen- cers, and such representative shall serve as MENTS.— cy data for statistical purposes (as defined in an ex officio member of the Council. ‘‘(d) REPORTS.—The Council shall submit (A) TABLE OF SECTIONS.—The item relating section 3561); and to the Director, the Committee on Homeland to section 3511 of the table of sections at the ‘‘(14) comply with any regulation and guid- Security and Governmental Affairs of the beginning of chapter 35 of title 44, United ance issued under subchapter III, including Senate, and the Committee on Oversight and States Code, is amended to read as follows: the acquisition and maintenance of any re- ‘‘3511. Data inventory and Federal data cata- quired certification and training. Government Reform of the House of Rep- resentatives a biennial report on the work of logue.’’. ‘‘(d) DELEGATION OF RESPONSIBILITIES.— N GENERAL the Council. (B) CROSS-REFERENCE.—Section ‘‘(1) I .—To the extent necessary to comply with statistical laws, the Chief ‘‘(e) EVALUATION AND TERMINATION.— 3504(b)(2)(A) of title 44, United States Code, ‘‘(1) GAO EVALUATION OF COUNCIL.—Not is amended by striking ‘‘the use of the Gov- Data Officer of an agency shall delegate any responsibility under subsection (c) to the later than 4 years after date of the enact- ernment Information Locator Service’’ and ment of this section, the Comptroller Gen- inserting ‘‘the use of comprehensive data in- head of a statistical agency or unit (as defined in section 3561) within the agency. eral shall submit to Congress a report on ventories and the Federal data catalogue whether the additional duties of the Council under section 3511’’. ‘‘(2) CONSULTATION.—To the extent permis- sible under law, the individual to whom a re- improved the use of evidence and program (e) CHIEF DATA OFFICERS.— evaluation in the Federal Government. (1) AMENDMENT.—Section 3520 of title 44, sponsibility has been delegated under para- ‘‘(2) TERMINATION OF COUNCIL.—The Council United States Code, is amended to read as graph (1) shall consult with the Chief Data shall terminate and this section shall be re- follows: Officer of the agency in carrying out such responsibility. pealed upon the expiration of the 2-year pe- ‘‘§ 3520. Chief Data Officers riod that begins on the date the Comptroller ‘‘(3) DEFERENCE.—The Chief Data Officer of ‘‘(a) ESTABLISHMENT.—The head of each the agency shall defer to the individual to General submits the report under paragraph agency shall designate a career appointee (as (1) to Congress.’’. defined in section 3132 of title 5) in the agen- whom a responsibility has been delegated under paragraph (1) regarding the necessary (2) TECHNICAL AND CONFORMING AMEND- cy as the Chief Data Officer of the agency. MENT.—The table of sections at the begin- ‘‘(b) QUALIFICATIONS.—The Chief Data Offi- delegation of such responsibility with respect to any data acquired, maintained, or ning of chapter 35 of title 44, United States cer of an agency shall be designated on the Code, is amended by inserting before the basis of demonstrated training and experi- disseminated by the agency under applicable statistical law. item relating to section 3521 the following ence in data management, governance (in- new item: cluding creation, application, and mainte- ‘‘(e) REPORTS.—The Chief Data Officer of nance of data standards), collection, anal- an agency shall submit to the Committee on ‘‘3520A. Chief Data Officer Council.’’. ysis, protection, use, and dissemination, in- Homeland Security and Governmental Af- (g) REPORTS.— cluding with respect to any statistical and fairs of the Senate and the Committee on (1) GAO REPORT.—Not later than 3 years related techniques to protect and de-identify Oversight and Government Reform of the after the date of the enactment of this Act, confidential data. House of Representatives an annual report the Comptroller General of the United States ‘‘(c) FUNCTIONS.—The Chief Data Officer of on the compliance of the agency with the re- shall submit to the Committee on Homeland an agency shall— quirements of this subchapter, including in- Security and Governmental Affairs of the ‘‘(1) be responsible for lifecycle data man- formation on each requirement that the Senate and the Committee on Oversight and agement; agency could not carry out and, if applicable, Government Reform of the House of Rep- ‘‘(2) coordinate with any official in the what the agency needs to carry out such re- resentatives a report that identifies, to the agency responsible for using, protecting, dis- quirement.’’. extent practicable— seminating, and generating data to ensure (2) TECHNICAL AND CONFORMING AMEND- (A) the value of information made avail- that the data needs of the agency are met; MENT.—The item relating to section 3520 of able to the public as a result of this Act and ‘‘(3) manage data assets of the agency, in- the table of sections at the beginning of the amendments made by this Act; cluding the standardization of data format, chapter 35 of title 44, United States Code, is (B) whether the public availability of any sharing of data assets, and publication of amended to read as follows: information that has not yet been made so data assets in accordance with applicable ‘‘3520. Chief Data Officers.’’. available would be valuable to the public; law; (f) CHIEF DATA OFFICER COUNCIL.— and ‘‘(4) in carrying out the requirements (1) AMENDMENT.—Subchapter I of chapter (C) the completeness of each comprehen- under paragraphs (3) and (5), consult with 35 of title 44, United States Code, is amended sive data inventory developed under section

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3511 of title 44, United States Code, as ‘‘(8) NONSTATISTICAL PURPOSE.—The term nually to the Director, the Committee on amended by subsection (d). ‘nonstatistical purpose’— Oversight and Government Reform of the (2) BIENNIAL OMB REPORT.—Not later than 1 ‘‘(A) means the use of data in identifiable House of Representatives, and the Com- year after date of the enactment of this Act, form for any purpose that is not a statistical mittee on Homeland Security and Govern- and biennially thereafter, the Director of the purpose, including any administrative, regu- mental Affairs of the Senate on the actions Office of Management and Budget shall elec- latory, law enforcement, adjudicatory, or it has taken to implement section 3576. The tronically publish a report on agency per- other purpose that affects the rights, privi- report shall include copies of each written formance and compliance with this Act and leges, or benefits of a particular identifiable agreement entered into pursuant to section the amendments made by this Act. respondent; and 3576(c)(1) for the applicable year. TITLE III—CONFIDENTIAL INFORMATION ‘‘(B) includes the disclosure under section ‘‘(3) The Director shall include a summary PROTECTION AND STATISTICAL EFFI- 552 of title 5 of data that are acquired for ex- of reports submitted to the Director under CIENCY clusively statistical purposes under a pledge this subsection and actions taken by the Di- of confidentiality. rector to advance the purposes of this sub- SEC. 301. SHORT TITLE. This title may be cited as the ‘‘Confiden- ‘‘(9) RESPONDENT.—The term ‘respondent’ chapter in the annual report to Congress on tial Information Protection and Statistical means a person who, or organization that, is statistical programs prepared under section Efficiency Act of 2018’’. requested or required to supply information 3504(e)(2). to an agency, is the subject of information ‘‘§ 3563. Statistical agencies SEC. 302. CONFIDENTIAL INFORMATION PROTEC- requested or required to be supplied to an TION AND STATISTICAL EFFICIENCY. ‘‘(a) RESPONSIBILITIES.— agency, or provides that information to an (a) IN GENERAL.—Chapter 35 of title 44, ‘‘(1) IN GENERAL.—Each statistical agency agency. United States Code, is amended by adding at or unit shall— ‘‘(10) STATISTICAL ACTIVITIES.—The term the end the following new subchapter: ‘‘(A) produce and disseminate relevant and ‘statistical activities’— timely statistical information; ‘‘SUBCHAPTER III—CONFIDENTIAL IN- ‘‘(A) means the collection, compilation, ‘‘(B) conduct credible and accurate statis- FORMATION PROTECTION AND STATIS- processing, or analysis of data for the pur- tical activities; TICAL EFFICIENCY pose of describing or making estimates con- ‘‘(C) conduct objective statistical activi- ‘‘PART A—GENERAL cerning the whole, or relevant groups or ties; and ‘‘§ 3561. Definitions components within, the economy, society, or ‘‘(D) protect the trust of information pro- the natural environment; and ‘‘In this subchapter: viders by ensuring the confidentiality and ‘‘(B) includes the development of methods ‘‘(1) AGENCY.—The term ‘agency’ means exclusive statistical use of their responses. or resources that support those activities, any entity that falls within the definition of ‘‘(2) POLICIES, BEST PRACTICES, AND PROCE- such as measurement methods, models, sta- the term ‘executive agency’, as defined in DURES.—Each statistical agency or unit shall tistical classifications, or sampling frames. section 102 of title 31, or ‘agency’, as defined adopt policies, best practices, and appro- ‘‘(11) STATISTICAL AGENCY OR UNIT.—The in section 3502. priate procedures to implement the respon- term ‘statistical agency or unit’ means an ‘‘(2) AGENT.—The term ‘agent’ means an in- sibilities described in paragraph (1). dividual— agency or organizational unit of the executive branch whose activities are predomi- ‘‘(b) SUPPORT FROM OTHER AGENCIES.—The ‘‘(A)(i) who is an employee of a private or- head of each agency shall enable, support, ganization or a researcher affiliated with an nantly the collection, compilation, processing, or analysis of information for statis- and facilitate statistical agencies or units in institution of higher learning (including a carrying out the responsibilities described in person granted special sworn status by the tical purposes, as designated by the Director under section 3562. subsection (a)(1). Bureau of the Census under section 23(c) of ‘‘(c) REGULATIONS.—The Director shall pre- ‘‘(12) STATISTICAL PURPOSE.—The term ‘sta- title 13), and with whom a contract or other scribe regulations to carry out this section. agreement is executed, on a temporary basis, tistical purpose’— ‘‘(d) DEFINITIONS.—In this section: by an executive agency to perform exclu- ‘‘(A) means the description, estimation, or analysis of the characteristics of groups, ‘‘(1) ACCURATE.—The term ‘accurate’, when sively statistical activities under the control used with respect to statistical activities, and supervision of an officer or employee of without identifying the individuals or organizations that comprise such groups; and means statistics that consistently match the that agency; events and trends being measured. ‘‘(ii) who is working under the authority of ‘‘(B) includes the development, implemen- ‘‘(2) CONFIDENTIALITY.—The term ‘confiden- a government entity with which a contract tation, or maintenance of methods, technical or administrative procedures, or information tiality’ means a quality or condition ac- or other agreement is executed by an execu- corded to information as an obligation not to tive agency to perform exclusively statis- resources that support the purposes described in subparagraph (A). disclose that information to an unauthorized tical activities under the control of an offi- party. cer or employee of that agency; ‘‘§ 3562. Coordination and oversight of poli- ‘‘(3) OBJECTIVE.—The term ‘objective’, ‘‘(iii) who is a self-employed researcher, a cies when used with respect to statistical activi- consultant, a contractor, or an employee of a ‘‘(a) IN GENERAL.—The Director shall co- ties, means accurate, clear, complete, and contractor, and with whom a contract or ordinate and oversee the confidentiality and unbiased. other agreement is executed by an executive disclosure policies established by this sub- ‘‘(4) RELEVANT.—The term ‘relevant’, when agency to perform a statistical activity chapter. The Director may promulgate rules used with respect to statistical information, under the control of an officer or employee or provide other guidance to ensure con- means processes, activities, and other such of that agency; or sistent interpretation of this subchapter by matters likely to be useful to policymakers ‘‘(iv) who is a contractor or an employee of the affected agencies. The Director shall de- and public and private sector data users. a contractor, and who is engaged by the velop a process by which the Director des- ‘‘§ 3564. Effect on other laws agency to design or maintain the systems for ignates agencies or organizational units as handling or storage of data received under statistical agencies and units. The Director ‘‘(a) TITLE 44, UNITED STATES CODE.—This this subchapter; and shall promulgate guidance to implement subchapter does not diminish the authority ‘‘(B) who agrees in writing to comply with such process, which shall include specific cri- under section 3510 of the Director to direct, all provisions of law that affect information teria for such designation and methods by and of an agency to make, disclosures that acquired by that agency. which the Director will ensure transparency are not inconsistent with any applicable law. ‘‘(3) BUSINESS DATA.—The term ‘business in the process. ‘‘(b) TITLE 13 AND TITLE 44, UNITED STATES data’ means operating and financial data and ‘‘(b) AGENCY RULES.—Subject to subsection CODE.—This subchapter does not diminish information about businesses, tax-exempt (c), agencies may promulgate rules to imple- the authority of the Bureau of the Census to organizations, and government entities. ment this subchapter. Rules governing dis- provide information in accordance with sec- ‘‘(4) DATA ASSET.—The term ‘data asset’ closures of information that are authorized tions 8, 16, 301, and 401 of title 13 and section has the meaning given that term in section by this subchapter shall be promulgated by 2108 of this title. 3502. the agency that originally collected the in- ‘‘(c) TITLE 13, UNITED STATES CODE.—This ‘‘(5) DIRECTOR.—The term ‘Director’ means formation. subchapter shall not be construed as author- the Director of the Office of Management ‘‘(c) REVIEW AND APPROVAL OF RULES.—The izing the disclosure for nonstatistical pur- and Budget. Director shall review any rules proposed by poses of demographic data or information ‘‘(6) EVIDENCE.—The term ‘evidence’ means an agency pursuant to this subchapter for collected by the Bureau of the Census pursu- information produced as a result of statis- consistency with the provisions of this chap- ant to section 9 of title 13. tical activities conducted for a statistical ter and such rules shall be subject to the ap- ‘‘(d) VARIOUS ENERGY STATUTES.—Data or purpose. proval of the Director. information acquired by the Energy Informa- ‘‘(7) IDENTIFIABLE FORM.—The term ‘identi- ‘‘(d) REPORTS.— tion Administration under a pledge of con- fiable form’ means any representation of in- ‘‘(1) The head of each agency shall provide fidentiality and designated by the Energy In- formation that permits the identity of the to the Director such reports and other infor- formation Administration to be used for ex- respondent to whom the information applies mation as the Director requests. clusively statistical purposes shall not be to be reasonably inferred by either direct or ‘‘(2) Each Designated Statistical Agency disclosed in identifiable form for nonstatis- indirect means. (as defined in section 3576(e)) shall report an- tical purposes under—

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.013 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7876 CONGRESSIONAL RECORD — SENATE December 19, 2018 ‘‘(1) section 12, 20, or 59 of the Federal En- tical purposes receives protection is essen- ‘‘(1) Federal statistics are an important ergy Administration Act of 1974 (15 U.S.C. tial in continuing public cooperation in sta- source of information for public and private 771, 779, 790h); tistical programs. decision-makers such as policymakers, con- ‘‘(2) section 11 of the Energy Supply and ‘‘§ 3572. Confidential information protection sumers, businesses, investors, and workers. Environmental Coordination Act of 1974 (15 ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(2) Federal statistical agencies should U.S.C. 796); or tion are the following: continuously seek to improve their effi- ‘‘(3) section 205 or 407 of the Department of ‘‘(1) To ensure that information supplied ciency. Statutory constraints limit the abil- Energy Organization Act (42 U.S.C. 7135, by individuals or organizations to an agency ity of these agencies to share data and thus 7177). for statistical purposes under a pledge of to achieve higher efficiency for Federal sta- ‘‘(e) SECTION 201 OF CONGRESSIONAL BUDGET confidentiality is used exclusively for statis- tistical programs. ACT OF 1974.—This subchapter shall not be tical purposes. ‘‘(3) The quality of Federal statistics de- construed to limit any authorities of the ‘‘(2) To ensure that individuals or organiza- pends on the willingness of businesses to re- Congressional Budget Office to work (con- tions who supply information under a pledge spond to statistical surveys. Reducing re- sistent with laws governing the confiden- of confidentiality to agencies for statistical porting burdens will increase response rates, tiality of information the disclosure of which purposes will neither have that information and therefore lead to more accurate charac- would be a violation of law) with databases disclosed in identifiable form to anyone not terizations of the economy. of Designated Statistical Agencies (as de- authorized by this subchapter nor have that ‘‘(4) Enhanced sharing of business data fined in section 3576(e)), either separately or, information used for any purpose other than among the Bureau of the Census, the Bureau for data that may be shared pursuant to sec- a statistical purpose. of Economic Analysis, and the Bureau of tion 3576(c) or other authority, jointly in ‘‘(3) To safeguard the confidentiality of in- Labor Statistics for exclusively statistical order to improve the general utility of these dividually identifiable information acquired purposes will improve their ability to track databases for the statistical purpose of ana- under a pledge of confidentiality for statis- more accurately the large and rapidly chang- lyzing pension and health care financing tical purposes by controlling access to, and ing nature of United States business. In par- issues. uses made of, such information. ticular, the statistical agencies will be able ‘‘(f) PREEMPTION OF STATE LAW.—Nothing ‘‘(b) USE OF STATISTICAL DATA OR INFORMA- to better ensure that businesses are consist- in this subchapter shall preempt applicable TION.—Data or information acquired by an ently classified in appropriate industries, re- State law regarding the confidentiality of agency under a pledge of confidentiality and solve data anomalies, produce statistical data collected by the States. for exclusively statistical purposes shall be samples that are consistently adjusted for ‘‘(g) STATUTES REGARDING FALSE STATE- used by officers, employees, or agents of the the entry and exit of new businesses in a MENTS.—Notwithstanding section 3572, infor- agency exclusively for statistical purposes timely manner, and correct faulty reporting mation collected by an agency for exclu- and protected in accordance with such errors quickly and efficiently. sively statistical purposes under a pledge of pledge. ‘‘(5) Congress enacted the International In- confidentiality may be provided by the col- ‘‘(c) DISCLOSURE OF STATISTICAL DATA OR vestment and Trade in Services Survey Act lecting agency to a law enforcement agency INFORMATION.— (Public Law 94–472), which allowed the Bu- for the prosecution of submissions to the col- ‘‘(1) Data or information acquired by an reau of the Census, the Bureau of Economic lecting agency of false statistical informa- agency under a pledge of confidentiality for Analysis, and the Bureau of Labor Statistics tion under statutes that authorize criminal exclusively statistical purposes shall not be to share data on foreign-owned companies. penalties (such as section 221 of title 13) or disclosed by an agency in identifiable form, The Act not only expanded detailed industry civil penalties for the provision of false sta- for any use other than an exclusively statis- coverage from 135 industries to over 800 in- tistical information, unless such disclosure tical purpose, except with the informed con- dustries with no increase in the data col- or use would otherwise be prohibited under sent of the respondent. lected from respondents but also dem- Federal law. ‘‘(2) A disclosure pursuant to paragraph (1) onstrated how data sharing can result in the ‘‘(h) CONSTRUCTION.—Nothing in this sub- is authorized only when the head of the creation of valuable data products. chapter shall be construed as restricting or agency approves such disclosure and the dis- ‘‘(6) With part B of this subchapter, the diminishing any confidentiality protections closure is not prohibited by any other law. sharing of business data among the Bureau or penalties for unauthorized disclosure that ‘‘(3) This section does not restrict or di- of the Census, the Bureau of Economic Anal- otherwise apply to data or information col- minish any confidentiality protections in ysis, and the Bureau of Labor Statistics con- lected for statistical purposes or nonstatis- law that otherwise apply to data or informa- tinues to ensure the highest level of con- tical purposes, including, but not limited to, tion acquired by an agency under a pledge of fidentiality for respondents to statistical section 6103 of the Internal Revenue Code of confidentiality for exclusively statistical surveys. 1986. purposes. ‘‘§ 3576. Designated statistical agencies ‘‘(i) AUTHORITY OF CONGRESS.—Nothing in ‘‘(d) RULE FOR USE OF DATA OR INFORMA- ‘‘(a) PURPOSES.—The purposes of this sec- this subchapter shall be construed to affect TION FOR NONSTATISTICAL PURPOSES.—A sta- the authority of the Congress, including its tistical agency or unit shall clearly distin- tion are the following: committees, members, or agents, to obtain guish any data or information it collects for ‘‘(1) To authorize the sharing of business data or information for a statistical purpose, nonstatistical purposes (as authorized by data among the Bureau of the Census, the including for oversight of an agency’s statis- law) and provide notice to the public, before Bureau of Economic Analysis, and the Bu- tical activities. the data or information is collected, that the reau of Labor Statistics for exclusively sta- data or information could be used for non- tistical purposes. ‘‘PART B—CONFIDENTIAL INFORMATION ‘‘(2) To reduce the paperwork burdens im- PROTECTION statistical purposes. ‘‘(e) DESIGNATION OF AGENTS.—A statistical posed on businesses that provide requested ‘‘§ 3571. Findings agency or unit may designate agents, by con- information to the Federal Government. ‘‘The Congress finds the following: tract or by entering into a special agreement ‘‘(3) To improve the comparability and ac- ‘‘(1) Individuals, businesses, and other or- containing the provisions required under sec- curacy of Federal economic statistics by al- ganizations have varying degrees of legal tion 3561(2) for treatment as an agent under lowing the Bureau of the Census, the Bureau protection when providing information to that section, who may perform exclusively of Economic Analysis, and the Bureau of the agencies for strictly statistical purposes. statistical activities, subject to the limita- Labor Statistics to update sample frames, ‘‘(2) Pledges of confidentiality by agencies tions and penalties described in this sub- develop consistent classifications of estab- provide assurances to the public that infor- chapter. lishments and companies into industries, im- mation about individuals or organizations or ‘‘(f) FINES AND PENALTIES.—Whoever, being prove coverage, and reconcile significant dif- provided by individuals or organizations for an officer, employee, or agent of an agency ferences in data produced by the three agen- exclusively statistical purposes will be held acquiring information for exclusively statis- cies. in confidence and will not be used against tical purposes, having taken and subscribed ‘‘(4) To increase understanding of the such individuals or organizations in any the oath of office, or having sworn to observe United States economy, especially for key agency action. the limitations imposed by this section, industry and regional statistics, to develop ‘‘(3) Protecting the confidentiality inter- comes into possession of such information by more accurate measures of the impact of ests of individuals or organizations who pro- reason of his or her being an officer, em- technology on productivity growth, and to vide information under a pledge of confiden- ployee, or agent and, knowing that the dis- enhance the reliability of the Nation’s most tiality for Federal statistical programs closure of the specific information is prohib- important economic indicators, such as the serves both the interests of the public and ited under the provisions of this subchapter, National Income and Product Accounts. the needs of society. willfully discloses the information in any ‘‘(b) RESPONSIBILITIES OF DESIGNATED STA- manner to a person or agency not entitled to ‘‘(4) Declining trust of the public in the TISTICAL AGENCIES.—The head of each of the protection of information provided under a receive it, shall be guilty of a class E felony Designated Statistical Agencies shall— pledge of confidentiality to the agencies ad- and imprisoned for not more than 5 years, or ‘‘(1) identify opportunities to eliminate du- fined not more than $250,000, or both. versely affects both the accuracy and complication and otherwise reduce reporting pleteness of statistical analyses. ‘‘PART C—STATISTICAL EFFICIENCY burden and cost imposed on the public in ‘‘(5) Ensuring that information provided ‘‘§ 3575. Findings providing information for statistical pur- under a pledge of confidentiality for statis- ‘‘The Congress finds the following: poses;

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‘‘(2) enter into joint statistical projects to ‘‘(d) LIMITATIONS ON USE OF BUSINESS DATA 17, 2002. If a law enacted after that date improve the quality and reduce the cost of PROVIDED BY DESIGNATED STATISTICAL AGEN- amends or repeals a provision replaced by statistical programs; and CIES.— this title, that law is deemed to amend or re- ‘‘(3) protect the confidentiality of individ- ‘‘(1) GENERAL USE.—Business data provided peal, as the case may be, the corresponding ually identifiable information acquired for by a Designated Statistical Agency pursuant provision enacted by this title. If a law en- statistical purposes by adhering to safeguard to this section shall be used exclusively for acted after that date is otherwise incon- principles, including— statistical purposes. sistent with this title, it supersedes this title ‘‘(A) emphasizing to their officers, employ- ‘‘(2) PUBLICATION.—Publication of business to the extent of the inconsistency. ees, and agents the importance of protecting data acquired by a Designated Statistical (2) ORIGINAL DATE OF ENACTMENT UN- the confidentiality of information in cases Agency shall occur in a manner whereby the CHANGED.—For purposes of determining where the identity of individual respondents data furnished by any particular respondent whether one provision of law supersedes an- can reasonably be inferred by either direct or are not in identifiable form. other based on enactment later in time, the indirect means; ‘‘(e) DESIGNATED STATISTICAL AGENCY DE- date of the enactment of a provision enacted ‘‘(B) training their officers, employees, and FINED.—In this section, the term ‘Designated by this title is deemed to be the date of the agents in their legal obligations to protect Statistical Agency’ means each of the fol- enactment of the provision it replaced. the confidentiality of individually identifi- lowing: (3) REFERENCES TO PROVISIONS REPLACED.— able information and in the procedures that ‘‘(1) The Census Bureau of the Department A reference to a provision of law replaced by must be followed to provide access to such of Commerce. this title, including a reference in a regula- information; ‘‘(2) The Bureau of Economic Analysis of tion, order, or other law, is deemed to refer ‘‘(C) implementing appropriate measures the Department of Commerce. to the corresponding provision enacted by to assure the physical and electronic secu- ‘‘(3) The Bureau of Labor Statistics of the this title. rity of confidential data; Department of Labor.’’. (4) REGULATIONS, ORDERS, AND OTHER AD- ‘‘(D) establishing a system of records that (b) CLERICAL AMENDMENT.—The table of MINISTRATIVE ACTIONS.—A regulation, order, identifies individuals accessing confidential sections at the beginning of chapter 35 of or other administrative action in effect data and the project for which the data were title 44, United States Code, as amended by under a provision of law replaced by this required; and proceeding provisions of this Act, is further title continues in effect under the cor- ‘‘(E) being prepared to document their amended by adding at the end the following: responding provision enacted by this title. compliance with safeguard principles to ‘‘SUBCHAPTER III—CONFIDENTIAL INFORMATION (5) ACTIONS TAKEN AND OFFENSES COM- other agencies authorized by law to monitor PROTECTION AND STATISTICAL EFFICIENCY MITTED.—An action taken or an offense com- such compliance. ‘‘PART A—GENERAL mitted under a provision of law replaced by ‘‘(c) SHARING OF BUSINESS DATA AMONG ‘‘3561. Definitions. this title is deemed to have been taken or DESIGNATED STATISTICAL AGENCIES.— ‘‘3562. Coordination and oversight of policies. committed under the corresponding provi- ‘‘(1) IN GENERAL.—A Designated Statistical ‘‘3563. Statistical agencies. sion enacted by this title. Agency may provide business data in an ‘‘3564. Effect on other laws. SEC. 303. INCREASING ACCESS TO DATA FOR EVI- identifiable form to another Designated Sta- ‘‘PART B—CONFIDENTIAL INFORMATION DENCE. tistical Agency under the terms of a written PROTECTION (a) IN GENERAL.—Subchapter III of chapter agreement among the agencies sharing the ‘‘3571. Findings. 35 of title 44, United States Code, as added by business data that specifies— ‘‘3572. Confidential information protection. section 302, is amended by adding at the end ‘‘(A) the business data to be shared; ‘‘PART C—STATISTICAL EFFICIENCY the following new part: ‘‘(B) the statistical purposes for which the ‘‘3575. Findings. ‘‘PART D—ACCESS TO DATA FOR business data are to be used; ‘‘3576. Designated statistical agencies.’’. EVIDENCE ‘‘(C) the officers, employees, and agents au- (c) CONFORMING AMENDMENTS.— ‘‘§ 3581. Presumption of accessibility for sta- thorized to examine the business data to be (1) REPEAL OF CONFIDENTIAL INFORMATION tistical agencies and units shared; and PROTECTION AND STATISTICAL EFFICIENCY ACT ‘‘(a) ACCESSIBILITY OF DATA ASSETS.—The ‘‘(D) appropriate security procedures to OF 2002.—Title V of the E–Government Act of head of an agency shall, to the extent prac- safeguard the confidentiality of the business 2002 (Public Law 107–347; 44 U.S.C. 3501 note) ticable, make any data asset maintained by data. is repealed (and the table of contents of such the agency available, upon request, to any ‘‘(2) RESPONSIBILITIES OF AGENCIES UNDER Act shall be conformed accordingly). statistical agency or unit for purposes of de- OTHER LAWS.—The provision of business data (2) TITLE 13, UNITED STATES CODE.—Section veloping evidence. by an agency to a Designated Statistical 402 of title 13, United States Code, is amend- ‘‘(b) LIMITATIONS.—Subsection (a) does not Agency under this section shall in no way ed by striking ‘‘the Confidential Information apply to any data asset that is subject to a alter the responsibility of the agency pro- Protection and Statistical Efficiency Act of statute that— viding the data under other statutes (includ- 2002’’ and inserting ‘‘section 3576(e) of title ‘‘(1) prohibits the sharing or intended use ing sections 552 and 552b of title 5) with re- 44’’. of such asset in a manner as to leave no dis- spect to the provision or withholding of such (3) TITLE 49, UNITED STATES CODE.—Title 49, cretion on the issue; or information by the agency providing the United States Code, is amended— ‘‘(2) if enacted after the date of the enact- data. (A) in section 6302(d)(4), by striking ‘‘the ment of this section, specifically cites to ‘‘(3) RESPONSIBILITIES OF OFFICERS, EMPLOY- Confidential Information’’ and all that fol- this paragraph. EES, AND AGENTS.—Examination of business lows through the period and inserting ‘‘sec- ‘‘(c) REGULATIONS.—The Director shall pre- data in identifiable form shall be limited to tion 3572 of title 44.’’; and scribe regulations for agencies to carry out the officers, employees, and agents author- (B) in section 6314(d)(2), by striking ‘‘the this section. Such regulations shall— ized to examine the individual reports in ac- Confidential Information’’ and all that fol- ‘‘(1) require the timely provision of data cordance with written agreements pursuant lows through the period and inserting ‘‘sec- assets under subsection (a); to this section. Officers, employees, and tion 3572 of title 44.’’. ‘‘(2) provide a list of statutes that exempt agents of a Designated Statistical Agency (4) ACT OF JANUARY 27, 1938.—The first sec- agencies from the requirement under sub- who receive data pursuant to this section tion of the Act of January 27, 1938, entitled section (a) pursuant to subsection (b)(1); shall be subject to all provisions of law, in- ‘‘An Act to make confidential certain infor- ‘‘(3) establish clear and consistent stand- cluding penalties, that relate— mation furnished to the Bureau of Foreign ards, to the extent possible, for complying ‘‘(A) to the unlawful provision of the busi- and Domestic Commerce, and for other pur- with section 552a of title 5 (commonly known ness data that would apply to the officers, poses’’ (52 Stat. 8, chapter 11; 15 U.S.C. 176a), as the ‘Privacy Act of 1974’) and any other employees, and agents of the agency that is amended by striking ‘‘the Confidential In- applicable law requiring the protection and originally obtained the information; and formation Protection and Statistical Effi- confidentiality of individually identifiable ‘‘(B) to the unlawful disclosure of the busi- ciency Act of 2002’’ and inserting ‘‘sub- information; and ness data that would apply to officers, em- chapter III of chapter 35 of title 44, United ‘‘(4) require a transparent process for sta- ployees, and agents of the agency that origi- States Code’’. tistical agencies and units to request data nally obtained the information. (5) FIXING AMERICA’S SURFACE TRANSPOR- assets from agencies and for agencies to re- ‘‘(4) NOTICE.—Whenever a written agree- TATION ACT.—Section 7308(e)(2) of the Fixing spond to such requests. ment concerns data that respondents were America’s Surface Transportation Act (Pub- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in required by law to report and the respond- lic Law 114–94; 49 U.S.C. 20155 note) is amend- this section may be construed as altering ex- ents were not informed that the data could ed by striking ‘‘the Confidential Information isting intellectual property rights or the be shared among the Designated Statistical Protection and Statistical Efficiency Act of terms of any contract or other binding, writ- Agencies, for exclusively statistical pur- 2002 (44 U.S.C. 3501 note)’’ and inserting ‘‘sec- ten agreement. poses, the terms of such agreement shall be tion 3572 of title 44, United States Code’’. ‘‘§ 3582. Expanding secure access to CIPSEA described in a public notice issued by the (d) TRANSITIONAL AND SAVINGS PROVI- data assets agency that intends to provide the data. SIONS.— ‘‘(a) STATISTICAL AGENCY RESPONSIBIL- Such notice shall allow a minimum of 60 (1) CUTOFF DATE.—This title replaces cer- ITIES.—To the extent practicable, each sta- days for public comment. tain provisions of law enacted on December tistical agency or unit shall expand access to

VerDate Sep 11 2014 05:10 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.013 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7878 CONGRESSIONAL RECORD — SENATE December 19, 2018 data assets of such agency or unit acquired by a statistical agency or unit for purposes tems to carry out agency requirements and or accessed under this subchapter to develop of developing evidence. The process shall in- shall select existing employees for appoint- evidence while protecting such assets from clude the following: ments under this Act and the amendments inappropriate access and use, in accordance ‘‘(1) Sufficient detail to ensure that each made by this Act. with the regulations promulgated under sub- statistical agency or unit establishes an SEC. 403. EFFECTIVE DATE. section (b). identical process. Except as otherwise provided, this Act, and ‘‘(b) REGULATIONS FOR ACCESSIBILITY OF ‘‘(2) A common application form. the amendments made by this Act, shall NONPUBLIC DATA ASSETS.—The Director shall ‘‘(3) Criteria for statistical agencies and take effect on the date that is 180 days after promulgate regulations, in accordance with units to determine whether to grant an ap- the date of the enactment of this Act. applicable law, for statistical agencies and plicant access to a data asset. units to carry out the requirement under ‘‘(4) Timeframes for prompt determina- The amendment was ordered to be subsection (a). Such regulations shall in- tions by each statistical agency or unit. engrossed and the bill to be read a clude the following: ‘‘(5) An appeals process for adverse deci- third time. ‘‘(1) Standards for each statistical agency sions and noncompliance with the process es- The bill was read the third time. or unit to assess each data asset owned or tablished under this subsection. The bill (H.R. 4174), as amended, was accessed by the statistical agency or unit for ‘‘(6) Standards for transparency, including passed. purposes of categorizing the sensitivity level requirements to make the following informa- of each such asset and identifying the cor- tion publicly available: f ‘‘(A) Each application received. responding level of accessibility to each such TRIBUTE TO HAZEN MARSHALL asset. Such standards shall include— ‘‘(B) The status of each application. ‘‘(A) common sensitivity levels and cor- ‘‘(C) The determination made for each ap- Mr. MCCONNELL. Mr. President, ear- responding levels of accessibility that may plication. lier today, I finished my yearend trib- be assigned to a data asset, including a req- ‘‘(D) Any other information, as appro- utes to several of my fellow Senators, uisite minimum and maximum number of priate, to ensure full transparency of the process established under this subsection. but, unfortunately, there is still one sensitivity levels for each statistical agency more goodbye to a very special member or unit to use; ‘‘(b) CONSULTATION.—In establishing the ‘‘(B) criteria for determining the sensi- process required under subsection (a), the Di- of my own team. It is no exaggeration tivity level and corresponding level of acces- rector shall consult with stakeholders, in- at all to say that for the past 4 years, cluding the public, agencies, State and local sibility of each data asset; and Hazen Marshall has stood squarely in governments, and representatives of non- ‘‘(C) criteria for determining whether a the center of every consequential deci- governmental researchers. less sensitive and more accessible version of ‘‘(c) IMPLEMENTATION.—The head of each sion and piece of legislation that Con- a data asset can be produced. statistical agency or unit shall implement gress has taken up. Just wrap your ‘‘(2) Standards for each statistical agency the process established under subsection mind around the job: the policy direc- or unit to improve access to a data asset pur- (a).’’. tor in the Senate Majority Leader’s of- suant to paragraph (1) or (3) by removing or (b) CLERICAL AMENDMENT.—The table of obscuring information in such a manner that fice. sections at the beginning of chapter 35 of Every day that Hazen has driven here the identity of the data subject is less likely title 44, United States Code, as amended by to be reasonably inferred by either direct or preceding provisions of this Act, is further to the Capitol and parked his big pick- indirect means. amended by adding at the end the following: up truck among all the hybrids and ‘‘(3) A requirement for each statistical ‘‘PART D—ACCESS TO DATA FOR EVIDENCE hatchbacks, he has come ready to agency or unit to conduct a comprehensive ‘‘3581. Presumption of accessibility for sta- work—as a visionary strategist, a lead risk assessment of any data asset acquired or tistical agencies and units. negotiator, a graceful manager, a con- accessed under this subchapter prior to any ‘‘3582. Expanding secure access to CIPSEA stant resource to key players on both public release of such asset, including stand- data assets. ards for such comprehensive risk assessment sides of the aisle—basically, something ‘‘3583. Application to access data assets for like an air traffic controller for the and criteria for making a determination of developing evidence.’’. whether to release the data. U.S. Senate. (c) DEADLINE FOR GUIDANCE AND IMPLEMEN- Now, with a job like that, it is no ‘‘(4) Requirements for each statistical TATION.—Not later than 1 year after the date agency or unit to make any process or as- of the enactment of this Act, the Director of wonder that when my chief of staff and sessment established, produced, or conducted the Office of Management and Budget shall I set out to lure Hazen back to the Cap- pursuant to this section transparent and promulgate or issue any regulation or guid- itol to join our team in 2014, it didn’t easy to understand, including the following: ance required by subchapter III of title 44, start out as an easy sell. For one thing, ‘‘(A) A requirement to make information United States Code, as amended by this sec- on the assessment of the sensitivity level of he had already served 18 years of hard tion, with a requirement for such regulation time here. each data asset conducted pursuant to para- or guidance to be implemented not later graph (1) available on the Federal data cata- than 1 year after the date on which such reg- Hazen started out as an intern for his logue established under section 3511(c)(1). ulation or guidance has been promulgated or home State Senator, Don Nickles. Now, ‘‘(B) A requirement to make any com- issued. the way I hear it all these years later, prehensive risk assessment, and associated TITLE IV—GENERAL PROVISIONS he may or may not have missed the of- determinations, conducted under paragraph SEC. 401. RULE OF CONSTRUCTION. ficial deadline for submitting his in- (3) available on the Federal data catalogue Nothing in this Act, or the amendments ternship application, but this agri- established under section 3511(c)(1). made by this Act, may be construed— culture and economics whiz from Okla- ‘‘(C) A requirement to make any standard (1) to require the disclosure of information or policy established by the statistical agen- homa State was exactly what the office or records that are exempt from disclosure needed, with a farm bill coming up. So cy or unit to carry out this section and any under section 552 of title 5, United States assessment conducted under this section eas- Code (commonly known as the ‘‘Freedom of they brought him on. ily accessible on the public website of such Information Act’’); By the time he departed the Senate agency or unit. (2) to create or expand an exemption from with Don for greener pastures, he had ‘‘(c) RESPONSIBILITIES OF THE DIRECTOR.— disclosure under such section; shot up through the ranks and become The Director shall— (3) to override, limit, or otherwise affect staff director on the Senate Budget ‘‘(1) make public all standards and policies intellectual property rights, including rights Committee. Everybody knew Hazen, established under this section; and under titles 17 and 35, United States Code; ‘‘(2) ensure that statistical agencies and and they knew that he knew every- (4) to affect the authority of a Federal thing. Everyone loved working with units have the ability to make information agency regarding the use, disclosure, or li- public on the Federal data catalogue estab- censing of— him. He had become a part of this in- lished under section 3511(c)(1), in accordance (A) confidential business information that stitution in his own right. with requirements established pursuant to could be withheld under section 552(b)(4) of We knew he would need some good subsection (b). title 5, United States Code; or luck to persuade him to write a sequel ‘‘§ 3583. Application to access data assets for (B) data assets restricted from disclosure to all of that, but our fortunes turned developing evidence under a contract or other binding, written around when Hazen volunteered to ‘‘(a) STANDARD APPLICATION PROCESS.—The agreement; or come down to Kentucky in the last Director shall establish a process through (5) to affect the independence, responsibil- days of my 2014 campaign. which agencies, the Congressional Budget Of- ities, or work products of an Inspector Gen- fice, State, local, and Tribal governments, eral of any agency. With the atmosphere of public serv- researchers, and other individuals, as appro- SEC. 402. USE OF EXISTING RESOURCES. ice and the camaraderie and old friend- priate, may apply to access the data assets To the extent practicable, the head of each ships already in place with so many of accessed or acquired under this subchapter agency shall use existing procedures and sys- his would-be colleagues, well, I think

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.013 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7879 the old bug hit Hazen again right then ferent trips they had taken over recess, there are only so many fossil fuels in and right there. I am sure it didn’t hurt Hazen would grin ear-to-ear while de- the ground and so, at some point, we when we actually won the majority scribing the latest Indy car race he had will run out. that year, too. taken in. Of course, we know that there are a So this policy mastermind and peer- To be fair, this is also a man of high lot more fossil fuels in the ground now less budget expert came on board. Keep culture. His affinity for music and the- than we knew about in 1959. in mind that this is the guy who has ater includes the artistic pursuits of He said that there is a second prob- only worked for two bosses in his whole his children, Madeline and Max, and lem. When you burn this stuff, it cre- life—Don Nickles and his own father. I practically everything else under the ates an invisible, odorless gas. So it got to be lucky No. 3. sun as well. doesn’t really sound like a challenge, Just a couple of things have hap- So I don’t suspect Hazen will have a but it traps heat. He said that because pened since then: the early wins, like hard time filling his days when the it traps heat, it will melt the poles, it the 2015 highway bill, paving the way Senate reconvenes without him in Jan- will raise the oceans, and that will be for reconciliation with a quick turn- uary. Maybe he will dive even deeper a problem for humankind because hu- around on the 2017 budget, getting tax into his CrossFit habit and convert to mankind lives along the waterways. reform off the white board and on to ‘‘two-a-days.’’ He didn’t go into more details than the President’s desk, walking the nar- Certainly, his devotion to the Wash- that, but it was one of the first direct row bipartisan balance beam of this ington Nationals will ensure that he commentaries—in 1959—about how the past winter’s funding agreement, and still faces many frustrating, stressful age of fossil fuels was going to produce scoring a win for defense funding. situations come springtime, but unlike significant problems for human kind. During each of these battles and many legislative challenges, he will be Now, that speech he gave in 1959. many others, Hazen was right there at able to shoulder that burden with a That was 59 years ago, and what have the center of the action. But I can’t cold beer in his hand. we seen in the ensuing period? We have think of a single time when he himself I can’t wait to see you in the stands, seen a roughly 100-point increase in sought to be the center of attention. As buddy, but I will miss you here. carbon pollution on the planet. Or to far as Hazen was concerned, his accom- Thanks so much for your service to take my lifetime, for example, in 1956, plishments were not Hazen Marshall’s. me, to your colleagues, and, most of when I was born, we had about 312 They were the accomplishments of the all, to your country. parts per million of carbon. leader’s office, the conference, and the The PRESIDING OFFICER (Mr. I will just put this chart up. What we Senate. His victories were all team vic- TILLIS). The Senator from Oregon. see here on the red is the rising line of tories. f carbon, going back to roughly when I You couldn’t succeed at a job like was born. About in here, 1956 until now, Hazen has without having thoroughly CLIMATE CHANGE we see that it is accelerating, but es- mastered the machinery of Congress, Mr. MERKLEY. Mr. President, I am sentially there is a 100 parts-per-mil- but you wouldn’t be as happy doing it pleased to come to the floor with my lion increase. We started at about 312 or make nearly so many friends along colleagues from Massachusetts and when I was born. We are at about al- the way, unless you were in it for the Delaware to address the grave threat most 412 now at the very peak. That is right reasons. to America and to our planet from car- a 30-percent increase in my single life- This is a town where many folks will bon pollution and climate chaos. time, just a little flash of time in try to parlay any proximity to power Over the last 2 weeks, representa- terms of the life of this planet—a 32- into black-tie invitations and jump at tives from nearly 200 countries have percent increase in carbon in the at- any chance to self-promote—not Hazen. gathered together in Poland to con- mosphere, and it is having a significant It probably doesn’t hurt that he would tinue the fight against climate chaos. impact. probably rather be in the seats at Nat’s They know that in each and every The most obvious way to look at this Park, anyway, at his kids’ perform- country we are seeing the impacts impact is the global temperature year ances, or on the river than at most across this planet. There are more pow- after year. So here we see the 10 hot- high-society functions. But even more erful hurricanes, like we have seen here test years on record. We see that only than that, selfishness is simply not in in the United States, more destructive one of those years, 1998, was before the the man’s character. wildfires, like those we see in the turn of the century. The rest of them He is just rock solid, completely con- Northwest of the United States, record have all been since the turn of the cen- fident, and utterly reliable. breaking heat waves, air quality dete- tury. In fact, 17 of the 18 hottest years When I or any other Member or any rioration, loss of glaciers, loss of global on record have occurred since the year staffer brought a question or problem ice, Arctic ice, insect-borne diseases 2000. Not only that, but look at the dra- to Hazen, we knew we would get a that spread, and coral reefs dying. We matic, dramatic change for 2014, and straight answer and we would get it are in trouble. 2015, and 2016, and 2017—these last four fast, and it was guaranteed to be right. The scientists tell us we are now years—and how much hotter the planet In every meeting, on every hard day, driving the sixth great extinction on is than it was just a few years before. there was Hazen at the end of the table planet Earth. It is being driven by That should trouble all of us. reassuring me and everyone else with a human conduct, and a big factor in We have seen all of this when global smile and his trademark encouraging that is our burning of fossil fuels. We leaders came together in 2015 in Paris— words: ‘‘It’s all good. It’s all good.’’ are, in fact, facing the greatest threat the largest gathering of world leaders He is one of the seniormost staffers humankind has known on the planet. in human history. They said we have to in the Senate, still totally humble, When you begin to damage your own put limits on what we are doing. We all still trying to buck everyone up and home, you really are in a situation have to apply a strategy of each reduc- squeeze some smiles out of the work. that needs to be immediately ad- ing our carbon dioxide production. I And, frankly, with Hazen at the negoti- dressed. would like to say that they have been ating table, it almost always was ‘‘all It was back in 1959 that Edward Tell- successful, but they have not. Total good.’’ er, a famed scientist, gave a speech to global carbon production is still going Of course, we will miss more than the 100th anniversary of the petroleum up and, because of that, we are still in just Hazen’s professional excellence. industry. He said: This energy that you deep trouble. His humble, hard-working spirit isn’t have unleashed has done amazing If we didn’t have the information just the only way he remains less of a belt- things on the planet. It has given so from these bars of the hottest years on way operator and more of that farm much ability for humankind to mag- record, we could turn to a more com- boy from Hennessey, OK. He may be nify their efforts. plicated analysis, or several of them, one of the most savvy and well-con- There was a lot of positive in that, that have come out just recently. Just nected guys in this city, but you had but then the scientist, Edward Teller, back in October, we had the Intergov- better believe that while colleagues went on to say: But there are a couple ernmental Panel on Climate Change, would compare notes about the dif- of challenges here, one of which is that bringing the work of scientists across

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.077 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7880 CONGRESSIONAL RECORD — SENATE December 19, 2018 the planet together, and it painted a in Poland to write a rule book to try to you building a Nord Stream 2 pipeline very stark picture of where we are go forward without the involvement to bring massive amounts of natural right now and how this will only get a and leadership of the United States. gas from Russia for the next-genera- lot worse in the years ahead. They worked very hard on that rule tion dependence on fossil fuel? Or we can turn to the Trump admin- book, and it addressed things like We need to say to Japan: You are istration’s report that came out the transparency and accountability; it ad- putting your entire energy economy day after Thanksgiving. On Thanks- dressed issues related to carbon cred- onto liquid natural gas. How can you giving, we give thanks for a lot of its; it addressed issues that were de- meet your Paris obligations? How can things. The day after, the administra- signed to develop a strategy for tech- you be a partner with the rest of the tion informed us that we here on the nical experts and exactly how you world if you are not willing to pursue planet have a big problem. What did count carbon in your country. It wasn’t renewable energy? they say in that report? Again, this is a perfect rule book, but we now have We need leadership in America that the Trump administration speaking: one, and we can make improvements says to Australia: You are doubling ‘‘Earth’s climate is now changing fast- on it in the future. down on coal while your outback is er than at any point in the history of Think about how much faster we burning in the middle of your winter, modern civilization, primarily as a re- would go forward in tackling this prob- and your Great Barrier Reef is half sult of human activities.’’ lem if we had American leadership. We dead over the last couple of years from Or we could turn to a third report need this leadership. The world needs water that is too warm and too acidic that just came out called the ‘‘Global this leadership to tackle climate chaos. due to climate chaos. Carbon Project,’’ and it says that after It is not something you can do just as We need American leadership to tell plateauing for several years, in 2018, good a job 10 years or 20 years from China: Yes, you are investing in renew- global carbon emissions rose 2.7 per- now as you can now because you can’t able energy at home. Great. Speed it cent. So we are back on an upward tra- get this carbon out of the atmosphere up, but why are you financing 200 coal- jectory. We hit a recordbreaking 37 bil- easily once it is in there. It stays for powered plants around the world? That lion metric tons. hundreds of years. It keeps adding to is not acceptable. Shut that down. We have to have American leader- How did the United States do? Well, the trapping of heat for hundreds of ship. This is not a question between similarly, our carbon emissions here in years. We need to act now. economic development and the envi- the United States went up about 2.5 We are facing the big challenge of ronment. Quite the contrary. In this percent. feedback loops. What do I mean? Up in Over the last 2 years, the Trump ad- case, renovating our energy economy the Arctic, when you have less ice, you ministration has tried to do everything creates a strong environment. It allows have blue ocean, the sunshine goes into it can to make the situation worse. us to go to the cheapest form of energy the water, and it heats it up more than There were rules in place to cut meth- on the planet, solar and wind. if it were reflecting off ice. So it gets ane leaks because methane is much Why is it the cheapest? Because there warmer and warmer and warmer. more of a potent global warming gas is no fuel. The fuel for solar is the Sun. How about this? Just a couple weeks than is carbon dioxide. So you never We don’t have to pay for that. The fuel ago, a picture was published of a lake want to let it out of the pipe. But they for wind are the breezes that blow. We in Alaska that was boiling—not with worked to weaken those rules. They don’t have to pay for that. In fact, just heat, but with methane; methane bub- worked to weaken vehicle emission a few months ago Xcel Energy did a re- bling up out of the permafrost under- standards so we get more pollution for quest for proposals for new electric neath the lake at such a rapid pace, it each mile, rather than less pollution. generating capacity, and it came out at I did find one thing of interest; that was a heavy boiling motion on the top 2 cents per kilowatt hour for solar and is, when Judith Garber, the Deputy As- of the water. That is a feedback loop 3 cents for wind. That is less than burn- sistant Secretary of State for Oceans that should scare us all because of the ing coal in an existing fossil fuel plant. and International Environmental and enormous heat-trapping properties of If you believe nothing about the dam- Scientific Affairs, went over to Poland methane. All across the planet, as it age to our planet because it is just too to give a report for the United States. gets warmer, permafrost and heat start terrifying, and you don’t want to hear She bragged about our carbon capture off-gassing this methane. that bad news, then at least turn to the utilization and storage technology, and So there we are. We have to move economic opportunity of taking Amer- how one powerplant in Texas is cap- fast. We need American leadership to ica forward to the cheapest, cleanest turing more than 90 percent of the be fully engaged in the vision of Mis- energy we can possibly have. emissions from its blue gas stream. So sion 100, going to 100 percent clean and Wells Griffith, the administration’s she was holding this up as a vision of renewable energy in the fastest pos- top adviser cop, said: ‘‘We strongly be- what the United States is doing to con- sible time. We have to quit subsidizing lieve that no country should have to tribute to the technology in the world fossil fuels and start subsidizing renew- sacrifice economic prosperity or energy and to help things be better. able energy or at least put them on a security in pursuit of environmental What she didn’t say is, the previous level playing field with each other. We sustainability.’’ That is the big lie. week, on December 6, the Trump ad- need a green new deal to completely re- That is the big Koch brothers lie to the ministration issued a draft rule ex- build our energy economy in the planet; that somehow we must sacrifice empting new powerplants from carbon United States of America and create our economy in order to pursue cleaner capture. That would have been a much all kinds of jobs—all kinds of working energy, when in fact the opposite is more complete story about the record American jobs: sheet metal jobs, elec- true. of this administration. trician jobs, pipefitting jobs, jobs of American leadership has helped take Of the 20 nations represented at the every kind—as we rework the energy the world forward in all kinds of tech- recent G20 summit in Argentina, only economy to build that vision of 100 per- nology. Some of those famous moments the United States refused to sign a cent renewable energy. Think how was our leadership in splitting the nonbinding statement saying countries many jobs you would create if you just atom and creating atomic energy, put- were committed to fighting climate proceeded to renovate your house. Now ting a man on the Moon, creating the chaos. All we had to do is say, yes, we think of the tens of millions of jobs if internet, taking on significant dis- are aware it is a problem, and we are you renovate the entire energy econ- eases, and leading the world in wiping committed to fighting it, but the omy of the United States of America. them out—diseases like polio. We need United States turned that down. Over We need American leadership to work that kind of leadership today, leader- in Poland, we joined with Russia and in partnership with other nations so ship to work in partnership with the Saudi Arabia and Kuwait—three oil- every nation holds each other account- world to save our planet. rich nations—to weaken a statement able to this vision of transitioning to I yield to my colleague from Florida. recognizing the international report renewable energy. The PRESIDING OFFICER. The Sen- about the challenges we face. We need American leadership to say ator from Florida. We need global leadership. Without to Germany: Yes, you have done some Mr. NELSON. Mr. President, I have our help, countries still came together things very well on solar, but why are been listening to our colleagues with

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.078 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7881 rapt attention at the excellence of that bad condition for 10 months of the immediately see the effects because their presentations and the depth of last 12 months—meaning they might when the rains came, there was no their understanding of this problem. not actually want to go back, at least vegetation to hold the topsoil, and the I couldn’t help but notice on the not keep a home there. topsoil was all running down. From charts of the Senator from Oregon, I thought of the parallel from your that altitude, looking down, you could often the source was NOAA or NASA, State in Florida to my State in Oregon see that silt going out into the bright two Agencies where we have had to because we have an area in Southern blue waters of the Indian Ocean. With worry, in the last 2 years, about the at- Oregon that has been deeply afflicted the naked eye, you can see that. It is tempted muzzling of science, of sci- by fire smoke the last two summers. such a beautiful planet. We best take entists, and the seeming putdown of The smoke has tainted furniture being care of it. science—not by the Agencies them- sold. It has shut down outdoor events. Indeed, that was the effect upon me selves because they are such great ex- It has stopped people from hiking the of having gone into space. I decided I perts. As matter of fact, when I have Cascade Trail. It is affecting the econ- wanted to be a better steward when I held several hearings at ground zero, omy. House prices are changing. People came back to Earth. Here we are, 34 which is South Florida, where we are are thinking twice about booking for— years later, still fighting—fighting and seeing the effects of climate change in there is a different set of economic im- fighting—to try to get people to under- the rising of the seas and now are see- pacts. These are only the indirect im- stand what we are doing to ourselves. I ing a mean high tide and the water pacts. thank this Senator, and I thank all the sloshing over the curbs of South Flor- There is the direct impact on the Senators who have spoken here, and I ida cities—having these hearings there, Panhandle of Florida. I just saw the want your voices to keep strong and it is often NASA scientists and NOAA pictures of complete devastation when keep consistent and keep at it because scientists who testify. the hurricane came across earlier this sooner or later—hopefully, not after a So I want the Senator from Oregon, year. Of course, we saw the pictures of catastrophe—the world’s population is the Senator from Delaware who pre- complete devastation for some of the going to come around and understand ceded him, several others, and the Sen- communities that the forest fires on that we have to be better stewards of ator from Massachusetts to know how the West Coast burned to a crisp. our home. much I appreciate their taking up the So our two States and our citizens I yield the floor. banner and keeping on this matter. know there is a problem. Not everyone The PRESIDING OFFICER. The Sen- I also want to say that if we do not wants to face the underlying cause of ator from Florida. change our processes of putting a lot of methane and carbon pollution driving f carbon into the air—and, as the Sen- it, but everybody knows there is a U.S. TROOP WITHDRAWAL FROM ator said, it is often methane, it is problem. SYRIA We are fortunate to have your sci- often carbon dioxide—the Earth will Mr. RUBIO. Mr. President, earlier entists—your NOAA scientists, your continue to heat up. If it gets heated today, this morning, the administra- NASA scientists—and all the satellite up to something over 4 degrees Fahr- tion announced the intent to remove information they are feeding us so we enheit more than the average annual all American troops—not a large pres- can study it and stand on the floor of global temperature, that is the point of ence, but all Americans troops—from no return. At that point, you can’t stop the Senate and say: We do know the Syria. I want to be clear, as I have been the heating up. cause, and it is our responsibility as all day about this, that I believe it is a If we know the disaster now that we leaders of this Nation, leaders in the catastrophic mistake that will have see in the sea level rising, the greater Senate, to proceed to make sure we act grave consequences for the United cost to government with the additional aggressively in partnership with the States, for our interests, and our allies infrastructure, the moving of water world. in the months and years to come. I wells further inland to keep away from I just want to say I thank you so want to take a moment to come here the encroaching sea water and salt- much for your service in this Chamber and explain why. water intrusion—if we know that, why and your knowledge about the sci- The rationale behind the decision we in the world would we not contemplate entific facts and willingness to never were given today by the administration the ultimate destruction of the planet look away from them and to confront is that there is no longer a need for if it gets too hot? I would love to get what those facts mean for the policies U.S. presence in Syria because ISIS has the Senator’s comments. we need to adopt. been defeated. Just a week ago, the Mr. MERKLEY. I appreciate so much Mr. NELSON. Mr. President, I will President’s own envoy to the global co- the comments of my colleague from conclude my remarks by just bringing alition on ISIS said this, and I want to Florida. you back to the vision that I had in the quote from the statement that he gave I had the chance to go down to Flor- window of a spacecraft orbiting the last week to the press. He said: ida at the end of October at a rally to Earth every 90 minutes. An hour of [T]he end of ISIS will be a much more address the challenge of red tide, algae that was in the daylight of the sun and long-term initiative. Nobody is declaring a that was growing in the ocean that pro- about a half-hour of that in the shadow mission accomplished. We know that once duces a toxin. The toxin is so powerful of the Earth, which is the nighttime, the physical space is defeated we can’t just that it was causing a lot of respiratory looking at how beautiful the Earth pick up and leave. problems for people who live along the was, and yet it looked so fragile. You This was a quote from the Presi- gulf coast, and it was killing a lot of could look at the rim of the Earth, dent’s own envoy to the global coali- animals. People were talking about that bright blue band, but right under- tion on ISIS—not 6 months ago, 6 days manatees, dolphins, turtles, and fish neath it you could see that very thin ago. We don’t have time here or I could washing up on the beach. Not only did atmosphere that supports all of our take up all the time of the Senate to they have the toxins from the red life. With the naked eye, from that al- outline statement after statement algae, but they had the stench from the titude in the spacecraft orbiting the from military and diplomatic officials dying sea life. planet, you could actually see how we in the administration basically echoing The sense of people who gathered to are messing it up. the same point. talk about this was that dramatic ac- You could see this in flight 34 years The point that we are making is this. tion is needed; that this was com- ago. As a matter of fact, our first ISIS still controls territory, particu- pletely compromising the quality of launch attempt, 34 years today, took larly, in the Euphrates River valley of life, the health of the oceans, and the us five tries to get off the ground, but Syria. From the territory they still ability to harvest food out of the once we did, we could see with the control, they generate money, they ocean. People were saying they were naked eye how we are messing it up. control the population, and they actually taking inland vacations; that Coming across Madagascar, the island produce propaganda videos. Even if is, leaving the coast until the air would nation off the southeast coast of the that is taken away, ISIS is on its way get better. They said that, unfortu- continent of Africa, you could see they to turning into an insurgency—mean- nately, the circumstances had been in had cut down all the trees. You could ing, no longer an organization that

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.080 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7882 CONGRESSIONAL RECORD — SENATE December 19, 2018 controls vast spaces of land or has a Kurds—would abandon the fight on While there is some wiggle room about capital city—an insurgency like we saw ISIS and immediately be pulled into what the appropriate response should in Iraq, an insurgency like what al- defending the Kurdish cities. Now that be, the bottom line is that the Turks Qaida operated like and continues to are we are pulling out, now that we are have in the past threatened to invoke operate like. Insurgencies in many retreating, now that we are abandoning article 5. ways are even harder to defeat because this effort, I can guarantee you that Think about this for a moment. they don’t wave a flag and tell you the Kurdish forces are going to leave. Think about for a moment if after where they are, because they meld into They are going back to the Kurdish being attacked, the Kurds—both in the population by day and then wreak areas to prepare to confront the Turk- Turkey and in Syria—decide to attack havoc and suffering by night. ish military activity that they have back, as they will to defend them- I am not here to deny there hasn’t announced and that could be coming at selves. Turkey is going to say: We are been true progress made against ISIS. any moment. You know what that under attack from Kurdish forces and There absolutely has. If you look at means? That means that there will no the YPG. We invoke article 5. what ISIS had, what ISIS controlled longer be anyone on the ground in the I want you to think for a moment when this administration began and Euphrates River valley attacking ISIS. about what position that puts the where they are today, this has been a Let me tell you what comes next. United States in. We have a choice. We substantial achievement, but we have Now the pressure is off from ISIS. Now can stand behind our article 5 commit- to finish the job. The job is not fin- they can really regroup. This is going ment to NATO, but if we do so, we are ished. to give them an enormous propaganda going to have to help the Turks de- Why has ISIS’s presence in Syria victory. As they take more and more feat—meaning kill—the very people been degraded? It is because the United territory, they are going to brag about who we were just colocated with today States, with a very limited military it. That is going to help them recruit and yesterday and for months. The presence—we are not talking Afghani- new fighters and resurrect themselves. very people we have been working with stan here with tens of thousands of 1 It is going to give them more territory. to defeat ISIS for over 2 ⁄2 years are troops. We are not talking Iraq here It is going to give them access to more now people that, if we allow article 5 to with a massive surge. We are talking money. be invoked by Turkey, we are going to about a very capable but light foot- All of that is going to allow them to have to join in trying to defeat them— print of American primarily trainers expand their insurgency plan. They are meaning kill. and people there to assist, although going to have more people, more The other alternative is to not re- they most certainly can fight and have money, and more territory to do it spect article 5 and not come to their done so in the past. from because, again, the Kurds are defense, and then you have placed the Working alongside a ground force going to leave. Now that we are leav- entire NATO alliance in doubt because made up of the Syrian Democratic ing, they are leaving, and no one will it will have been invoked for the sec- Forces—primarily Arabs—and the be fighting ISIS on the ground in the ond time in its history, and the United Kurdish forces from the YPG, who are Euphrates River valley. States didn’t respond to it. We lose ei- highly capable fighters from the Kurds, In fact, ISIS might even be able to ther way. We either help them kill the they have been on the ground fighting restart its specialized military training Kurds, our partners, as recently as with our assistance and our direction in that area. We are allowing ISIS to today, or we ignore article 5. That and sometimes our direct involvement come back. Before long, we are all sounds pretty dramatic, and there is against ISIS in the Euphrates River going to be talking about ISIS again— some wiggle room as to what the ap- valley. They are the reason why in that producing videos, kidnapping people, propriate response would be. part of Syria ISIS’s control has rapidly beheading people, taking territory, ter- Let there be no doubt, Erdogan is the degraded. They are the reason, but rorizing people, and doing it as an in- kind of geopolitical hardball player to they are the ones fighting. That has surgency, which is even harder to fight, trigger this sort of response, and he has been a difficult thing to achieve be- as I said earlier. threatened to do it in the past—truly, cause the No. 1 objective of the Kurds Why is that happening? Who are the unbelievable. is to protect Kurdish cities and towns winners of all this? Let me tell you, I Who is the other big winner? Russia. in northern Syria. In fact, their embassy in the United There is a longstanding dispute be- think the one winner here has been States already put out a tweet cele- tween the Kurds and Turkey. There is Erdogan. He has absolutely played us brating the decision. Why? First of all, a Kurdish organization in Turkey, and on this. It is truly stunning. He has because America is now out. At some then there is one affiliated with them spent months pressuring the United point, people are going to have to sit housed in northern Syria and in cities States to abandon the Kurds—dip- that are Kurdish cities. Their No. 1 pri- lomatically and in phone calls to the down and decide what is the future of a ority is maintaining their cities. That President and to others. He has spent post-ISIS Syria. You know who will be is what they care about the most. Get- months doing that. He has been put- at that table? The Turks will be at that ting them to actually take time out ting pressure on the one side while also table because they are going to have a from that interest and confront ISIS threatening military action on the military presence in northern Syria. was not easy. It has been an enormous other, in essence, saying: I am coming The Iranians are going to be at the achievement to partner and colocate into Syria—the Turks—and I am going table because they are the closest al- with them in fighting and in degrading after the YPG—the Kurds—and I know lies Assad has. Assad will be at the ISIS in that area. U.S. troops are embedded alongside table, and Putin will be at the table. As I said, it has not been easy be- them, and you should be careful be- Guess who will not be at the table? The cause ISIS is not their top priority. cause we are coming in. United States of America. Vladimir Their No. 1 priority is maintaining He has been doing this for months. Putin, of course, is celebrating this de- control of the Kurdish towns and cities The goal of it the whole time was to cision because America basically in northern Syria and, more impor- separate the United States from the walked away and gave up its seat at tantly, preventing Turkey and the Kurds, to get us to break up this ar- the table. We have no presence there Turkish military from taking it from rangement that we had with them to any longer, and we have turned over them. fight ISIS, and it worked. He has this country and its future and its They have been threatening to pull achieved it. It is truly unbelievable meaning in the region to Vladimir out of this ISIS effort for a long time, that he has been able to get us to back Putin and Iran and Assad. most recently when Erdogan went down. Also, another reason why Putin is a around saying: I am on the verge. I am I want everyone to think about this big winner is because you can just going to invade. I am coming in. Any additional complication. Turkey is a imagine those meetings now when day now I am going after the Kurds in member of NATO. Article 5 of NATO Putin goes to the Middle East and Syria. says that if a NATO member is at- meets with the Egyptians and the We already knew that if that hap- tacked, you all have to come to their Saudis and the Jordanians, and, frank- pened, many of these YPG forces—the defense and it is attack on all of us. ly, even the Israelis. You know what he

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.081 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7883 will say to them? He will say to them: does it have to do with Syria? It is I assure you, the United States is I don’t know why you are counting on China. You can just imagine the meet- going to be called upon to help in that America. I don’t know why you are re- ings now that China is going to be hav- regard, at a minimum, by supplying lying on America. They are unreliable. ing throughout Asia. You have all Israel and maybe more. Who else could Vladimir Putin will say: Look at me. these countries in Asia which see this that pull in? This is not a game. There I stood by Assad. Even after the whole sort of growing conflict between the are serious repercussions if you think world came after him, I stood by him. United States and China, and they are forward about what could happen next I didn’t retreat. Look at America. They trying to figure out how do we stay out and how quickly this could destabilize abandoned these Kurds to be slaugh- of this fight, but if we are forced to the region and how quickly the pullout tered by the Turks and maybe by the pick, which side do we pick? They pre- of a small American presence could regime, and you are going to put the fer us. We are more reliable. We are lead to a much larger one down the future and the security of your country more capable. We believe in democracy road. in the hands of an unreliable and er- and human rights and respecting them Ultimately, Israel is an enormous ratic partner like the United States? and that sort of thing, but China in loser here because by the United States It is a huge victory for Putin in that those meetings is going to say: Amer- retreating, we have given the green regard. ica is a power in decline. America is light for Iran to expand its presence By the way, put yourself in the posi- unreliable. America is erratic. The right on their border. This is the clos- tion of the Kurds facing an onslaught same argument that Putin is going to est—other than Lebanon and from the Turkish military. use in the Middle East and in Europe is Hezbollah—this is now the closest Iran You have now given them two the argument China is going to use has ever been to Israeli territory, just choices. They can partner up with Rus- against us all over the world and par- across the Golan Heights. sia as their protector against Turkey ticularly in the Asia-Pacific region. So think about it for a moment. You or they can partner up with the regime Those are the implications of these are Israel. You have problems in Judea in Iran. That is the choice we have left kinds of decisions. They will increas- and Samaria with the Palestinian Au- ingly go to places like Japan and South them with. thority, you have issues in Gaza, you The other big winners in all this are Korea and others and say: You know, have Hezbollah in Lebanon, and now Iran and Hezbollah. do you really want to put all your eggs you have Iran with a growing presence For a long time, Assad has allowed in the American basket because they just north of you in Syria. You are en- Iran to use Syria as a transit point to are an unreliable ally. Look at what circled. This is the predicament this arm Hezbollah in Lebanon so Lebanon they did to the Kurds in Syria. can threaten and attack Israel. They Now, of course, there are losers, and helps creates. By far, the biggest loser in this en- will now be able to step up those ef- obviously Israel, in this part, is one of deavor is the United States of America. forts. them. The statement from the Prime There is no U.S. presence in Syria. Minister of Israel is pretty telling. He We have surrendered our influence in There is no U.S. seat at the table, and said: It is an American decision. We are the outcome of this conflict in Syria. you can fully expect that Iran is going not going to interfere with it, but we At some point, nations are going to sit to step up their engagement in Syria are going to do whatever it takes to down and figure out what Syria looks with Hezbollah. protect our interests in this area. like moving forward, and we will have Let me tell you why that is a prob- Translation? They are going to step up zero role to play in it. It will be decided lem. I will get to that in a moment. It their attacks. They are already con- by the Turks and the Russians and pri- has to do with Israel, but here is the ducting strikes inside Syria. Every marily the Iranians and Assad, and we bottom line. You can fully expect now time they see a dangerous rocket sys- will have no role to play in it. that Iran is going to step up its own tem moving toward Hezbollah, anytime We have also undermined other na- presence through the IRGC and something that looks like it could tions’ trust in the reliability of the through Hezbollah and through the mi- threaten Israel from Syria pops up, American alliance, and the implica- litias they have empowered in the re- they go in there, and they blow it up. tions of that are extraordinary. If you gion right on the border with Israel. They are going to have to step up think about the world today and na- Iran now has the ability to put weap- those efforts now because as those ef- tions like Japan and South Korea and onry and killers right across the Golan forts increase, they are going to have Saudi Arabia and Egypt, these are Heights, right on the border with to get more aggressive, and eventually countries that either can immediately Israel. they are going to kill Iranians. They or may in the future decide they need The other big winner in all of this, of are going to kill a lot of people in nuclear weapons to protect themselves: course, is Hezbollah. As I said, they Hezbollah, but they are going to kill South Korea from North Korea, Japan now have expanded their area and their Iranians, and the Iranians are going to from China, Saudi Arabia from Iran, supply route. respond. Hezbollah is going to respond, Egypt from Iran. The reason many of So I would be remiss if I didn’t men- and they are probably eventually going these countries have been willing not tion that with all this talk of ISIS, to respond by launching a vast volume to develop nuclear weapons is because there is still an al-Qaida presence in of rockets coming over from Lebanon, the United States has, in the case of Syria. They were called Nusra Front. and Israel is going to have to respond South Korea and Japan, directly as- Now it is Hurras al-Deen. They can to that. sured their security, and that has kept change their name all they want, it is Suddenly, we have the next Israel- the peace. al-Qaida. They have operatives in Hezbollah war, except this one is going What happens when more and more Syria, and al-Qaida spends a lot of time to be much deadlier than the one 10 nations develop weapons of mass de- planning external operations. We years ago because now Hezbollah has struction the way India and Pakistan thank our men and women in Home- more rockets, better rockets that have have—about each other. Well, you have land Security, in the military, in our longer range and precision in their more weapons of mass destruction, and security systems and intelligence sys- guidance. So even if Israel has this in- then it creates the possibility of mis- tems for protecting us, but al-Qaida credible defense system, it can be over- calculation or, even worse, that a gov- spends all day long plotting and think- whelmed by volume. It is such a small ernment—for example, in Saudi Arabia ing about how to strike the United country. What do you think is going to or in Egypt—is overthrown and some States around the world and here in happen when population centers in radical regime takes hold and they the homeland, and the lack of a U.S. Israel cannot be protected from these have nuclear weapons or they pro- presence in Syria means that the Syr- attacks? Israel is going to respond, as liferate and sell it to people and that is ian branch of al-Qaida, Hurrus al-Deen, they always have had to do in their used. now has the ability to operate in a self-defense, with disproportionate This is far-fetched for some people. space that is even more desirable than force, and we are going to have an all- This is reality. This is how foreign pol- what they have today. out war potentially between Israel icy should be made, not just thinking The last winner in all this is sur- versus Iran and Hezbollah, and who about what is in front of you today but prising because you may ask: What knows where that leads. what could happen and the chain of

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.082 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7884 CONGRESSIONAL RECORD — SENATE December 19, 2018 events that could be triggered by a de- reversed. I hope this can be reexamined years to better benefit the entire coun- cision. This is not a game. This is seri- because I honestly believe—put politics try based upon compromise by trans- ous stuff. aside—I honestly believe this is a cata- plant experts, patients, and stake- On top of all that, losing the trust of strophic decision for America’s na- holders. our allies and nations around the tional security interests. If this stands, However, the next year in 2018, a law- world, losing our influence in a solu- we in this Congress and we as a nation suit was filed based upon the HRSA al- tion in Syria—ISIS is going to re- are going to be dealing with the con- location policies, and in the face of emerge. It is not going to be the same sequences of it for years to come. that single voice of criticism, they dis- ISIS it was before, controlling vast We will remember this day as the day regarded years of work and com- amounts of territory, but I will tell that started it all. We will remember promise that was reached the year be- you what, al-Qaida never controlled this day as a major blunder, in which fore. It is unfortunate that the basis vast amounts of territory. Operating by ignoring the advice of every diplo- for this policy change was litigation, from caves and hideouts throughout matic and military official who has not a determination of how best to im- the Middle East, they carried out 9/11 spoken about this publicly for the last prove the Nation’s organ transplant, and other threats against the United 2 years, we made a decision, for reasons procurement, and allocation process. States and the homeland that were that have not yet been explained, that HRSA has rushed to respond to this thwarted. triggered—that triggered—a series of lawsuit by abdicating their duty to im- ISIS is going to reemerge now. They events that no one foresaw at the time plement good policy, instead allowing are once again going to be able to re- but proved to be much more dangerous a single case to divert liver allocation cruit people. They are going to have an and much costlier than anything we policy across the entire United States. In October, I had a meeting with Dr. insurgency that is going to be able to are doing there now. strike and perhaps externally plot. So I honestly and sincerely hope George Sigounas, the Administrator of They are going to be able, from that someone in the administration is lis- HRSA. He described to me the impor- presence they have in Syria, to influ- tening and that there is a chance to re- tance of the comment period on these policies and how seriously his Agency ence their affiliates everywhere from verse or amend this decision before it would take them, especially consid- the Philippines to Central Africa, to is too late. other countries in the region. I yield the floor. ering that they were the very institu- That is why I am here to tell you this The PRESIDING OFFICER. The Sen- tions and doctors who would go on to is a catastrophic decision. Forget, for a ator from Kansas. perform these transplants. Shortly thereafter, I was dis- moment, about no one being notified; f appointed to learn these comments it was just announced at the last were not comments made by the pub- minute. I haven’t heard a single mem- LIVER TRANSPLANT POLICY lic, by these institutions, the doctors ber of the administration—not one, not Mr. MORAN. Mr. President, I am who perform transplants—that these the Secretary of Defense, not the Sec- here to speak tonight because some- comments were not even considered by retary of State—who is going to own thing is not right. I want to express my the individuals tasked with crafting this decision? Who is willing to step real concern with the recent decision of the national liver allocation policy and advising the latest policy. In fact, forward and tell the American people Sue Dunn, the president of OPTN, has or Congress, here is why we are making made by the Organ Procurement Transplant Network made on Decem- informed a number of commenters in this decision, and here is the strategy the transplant community that their it is in furtherance of? Someone ex- ber 4. This sounds like something that is concerns over new policy were not even plain that. It is important. The Amer- read by the board that approved the ican people deserve to know. I haven’t far away and perhaps of no real consequence, but the decision that was new policy. The reason these comments heard that today. We haven’t heard it were not considered was due to the fact made has huge consequences on every before. that OPTN’s comment system was so American and should be receiving more We thought we had the outlines of overloaded in the days leading up to attention than it has to date because some strategy here. All that has been the decision that it caused a complete the number of organs that are avail- taken away. Why are we doing this? shutdown of that process. What is the rationale and what comes able for transplant and where those or- So many transplant hospitals, sur- next? What is the plan to keep ISIS gans will be available is being deter- geons, and medical professionals had from reemerging? What is the plan to mined by this small group of people. deep enough concerns that they took keep Iran from growing its presence in The decision they made throws aside the time out of their day to express Southern Syria and threatening Israel? expert advice from transplant surgeons them. These are the people tasked with What is the plan to deal with the al- and hospitals on best practices. It also saving lives through transplants each Qaida element that already exists carries the risk of decreasing organ do- and every day. Yet their opinions, in there? What is our role? What role are nation rates, as donors learn their or- essence, were deemed invalid. So many we going to play in a post-ISIS and gans will not be used in their own com- comments were submitted that the en- post-al-Qaida Syria—and particularly munities but will be shipped someplace tire system shut down, and OPTN’s reas it relates to whether it can be used in the country. Places in the country sponse was simply to ignore them. as a base of operations against our in- today have donor programs designed to Further, OPTN did not choose to re- terests and our men and women in uni- encourage donors to donate their or- consider their damaging policies in the form stationed in the region. None of gans, and part of that is the under- face of widespread opposition from the that has been outlined. standing that those organs are going to medical community. OPTN continues Is anyone in the administration be available for your family, your to push forward against all common going to own this and explain it? Be- friends and neighbors, and people with- sense in their pursuit to radically alter cause so far we haven’t heard it, and in your community. the way organs are distributed across this is an important public policy deci- This decision limits the availability the United States. Decisions on na- sion. and access to donated organs in areas tional organ allocation should be I hope I am wrong about all this. I that currently have low wait times and grounded in expert opinions rather hope this all works out, but it is not damages the ability of our major trans- than in a response to a single lawsuit. going to, and I am telling you, these plant hospitals to perform these serv- HRSA and OPTN are making a grave are the kinds of decisions that define ices for patients. In December of 2017, mistake in pushing this damaging pol- Presidencies. These are the kinds of following two rounds of public com- icy that carries a significant cost— mistakes that end up haunting a na- ment period and extensive deliberation human lives. tion for years and years and years by the OPTN board, that board ap- In the meeting I had with Dr. thereafter. proved a compromise allocation policy Sigounas, as I indicated, he told me It is the hard lesson of Iraq. It is the that served the transplant commu- these comments should not just be hard lesson of decisions made at other nity’s best interests. This served as a comments but present actual sugges- times in our history. I hope this can be policy reform that was worked out over tions of what the policy should be. I

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.084 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7885 know of institutions and organizations nomic development bills, conservation gress and make their voices heard. that did that, and to learn they were bills, research bills, and nutrition bills. They have an incredible role model in disregarded causes me to have great She and I—and I am the first Senator MARCIA FUDGE. concerns. in half a century to be on the Ag Com- I am grateful, Congresswoman The Senator from Missouri, Mr. mittee for some of the same reasons FUDGE, to have you as my Congress- BLUNT, and I have probed Secretary Congressman FUDGE is on this com- woman. I am proud to call you a col- Azar, the Secretary of Health and mittee. We have worked together to league and a friend. Human Services, on this subject, and write two farm bills. f we are eagerly awaiting his justifica- This year, we both served on the ECONOMY tion for what appears to be a major sig- bill’s conference committee, and we nificant error. It appears that HRSA fought House Republican efforts to Mr. BROWN. Mr. President, I noticed and OPTN making policy in such a erect more bureaucracy to gut nutri- today news reports from Bloomberg reckless fashion has become the nor- tion programs in Ohio that families that the year 2017 is shaping up to be or mal state of affairs. Additional over- rely on. These are programs for people likely was the most profitable year in sight may be necessary to ensure that making $8, $10, $12 an hour who don’t Wall Street history. So what is fairness in organ allocation policy is have quite enough income to feed their Congress’s reaction to that? What hap- protected and some common sense pre- families. We won that fight. pens in the majority leader’s office? vails in future policy. I know there is a Tomorrow the President is scheduled More special interest legislation, more group of Senators who are working on to sign the bipartisan farm bill we breaks for Wall Street, more tax cuts. legislation to do just that. passed with overwhelming bipartisan So this Congress—this Congress has de- I am very disappointed in the actions support in both Houses. Congress- cided that Wall Street never quite has of HRSA, OPTN, and UNOS. This proc- woman FUDGE and I worked to right a enough; that the richest people in this ess has been flawed from start to fin- century-old wrong and get Central country are never rich enough; that ish, guided not by what is best for the State University the 1890 land grant the most powerful people in this coun- country but how to sidestep a single status they deserve. That designation try are not powerful enough. lawsuit. isn’t just a rhetorical honor; it means So what happens down the hall in the Organ procurement and allocation more opportunities for funding and re- majority leader’s office? What happens policy is too important. It is about life search in partnerships with industry— way down the hall in the Speaker’s of- and death and is too important to be the sort of results that Marcia delivers fice, although voters this year decided simply decided by lawsuits and for her district. this year to eject him and his staff and countersuits, which I fear now will be- She is a leader among her colleagues. his cohorts and his fellow travelers—if come the way of addressing this issue. As head of the Congressional Black I can use a phrase like that—from that I will continue to work to protect our Caucus, she led the fight on so many office and elect a whole different group hospitals, our doctors, and particularly issues, including working to ensure of people. our patients—Americans—from this that all Americans have a voice in What they have done is meet behind policy that disregarded all input from their government. closed doors to help the oil companies, those in the transplant community. A few years ago, we held a field hear- the drug companies, the gun lobby, and This discussion cannot be seen as any- ing on barriers too many Ohioans face help especially Wall Street. In fact, not thing coming to a close. It is far from exercising their most fundamental only are there all kinds of Wall Street over. I remain committed to finding right—the right to vote. MARCIA was a lobbyists day in and day out—tobacco answers, changing the tide, and putting star in that hearing. It came in the lobbyists, gun lobbyists, and others, patients and providers first in these wake of a despicable Ohio law and, but the White House itself looks like a life-or-death scenarios. frankly, years of attempts at voter retreat for Wall Street executives. I thank you. suppression by Ohio Republicans—a We know that. That is why, I guess, I yield the floor. despicable Ohio law that cut the num- Wall Street had such a great year in The PRESIDING OFFICER. The Sen- ber of early voting days in half. 2017. ator from Ohio. We know exactly whom these laws f f are aimed at. MARCIA testified about how these suppression tactics hurt TRIBUTE TO PAT ROGALA TRIBUTE TO MARCIA FUDGE communities of color. Unfortunately, Mr. BROWN. Mr. President, I want to Mr. BROWN. Mr. President, 10 years it has gotten worse—limiting absentee honor the career of Patricia Rogala, ago this summer, we lost a longtime balloting, restricting provisional bal- who has been with my office our entire friend of mine and colleague, a remark- loting—and the Supreme Court, a 12 years in the Senate and my 14 years able public servant, Congresswoman Court that puts its thumb on the scale in the House before that. Pat is the Stephanie Tubbs Jones. of justice in support of corporations model of a dedicated public servant. When MARCIA FUDGE, then the mayor over workers, a Court that puts its After more than 25 years serving the of Warrensville Heights, a Cleveland thumb on the scale of justice to sup- people of Ohio, Pat is retiring at the suburb, won the special election to port Wall Street over consumers, and a end of the year. Stephanie’s seat to represent the 11th Court that rubberstamps all these re- Her first day on the job in Cleveland, Congressional District, including strictions on voting. Congress was in the middle of a fight— Cleveland and the home where Connie I look forward to continuing our sounds familiar—over healthcare. and I live, she had big shoes to fill, but fight alongside MARCIA against these Some local activists sent an Elvis im- MARCIA rose to the occasion. For the tactics straight out of the Jim Crow personator to the office singing a past decade, she has been a fighter for era. I know MARCIA will continue to be healthcare song to the tune of ‘‘It’s my hometown of Cleveland and the a leader. There is no doubt, even before Now or Never.’’ Pat said at the time, east side suburbs into Akron and all her election to Congress, that MARCIA ‘‘What am I getting myself into?’’ the Ohioans she serves. was a force to be reckoned with: a Fortunately, she stayed. As our Ohio On the Education and Workforce former mayor, a former congressional scheduler, she has sent me all over my Committee, she has become a senior chief of staff, and former national State. She has helped me put more leader who knows how to get things president—as important as anything road miles on our made-in-Toledo Jeep done. She stands up for Ohio’s teach- she has done, I think in her mind—of Cherokee than any travel agent ever ers, students, and families. Delta Sigma Theta. She still helps lead could. MARCIA also joined the Agriculture efforts to bring Deltas from around the She has made sure I am able to serve Committee, perhaps not initially seen country to the Hill each year for Delta Ohioans through meetings and as a natural fit for someone with an Days. Hundreds of driven, ambitious, roundtables and plant visits. She urban district like hers, but she under- smart, committed, empathetic talented juggles a Senate schedule that stands that farm bills are not just Black women come to our Nation’s changes—as we see tonight—always at about crops. They are food bills, eco- Capitol to meet with Members of Con- the last minute. She ensures that this

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.085 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7886 CONGRESSIONAL RECORD — SENATE December 19, 2018 office serves every corner of Ohio. She deed transferred to my account yesterday. I sounding that alarm. He met with Beth works directly in concert and coordina- cannot thank your office enough. I cannot and told her how bad things were. A tion with Diana Baron in our Wash- even begin to explain what a Christmas gift crisis at the time, Ohio—a generally ington office. It is a tough job, but Pat this is. I truly was beginning to wonder and wealthy State, which could do so much worry about how I was going to make ends makes it look easy. meet for the next several months. better were it not for corrupt State One of our colleagues in our office government—had the third highest in- Again, it is par for the course for wrote this week that Pat has been a fant mortality rate in the country, and Margaret Molnar. true friend and wonderful coworker. ranked last for African-American ba- Another woman wrote after her What a loss we will feel come Monday bies. brother passed away, who Margaret when she is not sitting in her office Beth started this conversation before helped in the last years of his life: hard at work. It is a loss to all of us. many people were paying attention. We will miss you, Pat. You have had I will never forget how much you have She pushed every level of government helped enrich Robert’s life while he was with an incredible impact on your col- us. Forever, we will be grateful. You imme- to take this seriously. She talked with leagues. You made such a difference diately responded to my email and got the public health departments, with home serving Ohio for the people of Ohio, but ball rolling and never gave up on Robert. visiting programs, with hospitals, with after a quarter of a century, you have You are like family. nurses, with doctors. She started con- earned a long and happy retirement. Another woman wrote: versations with legislators and legisla- Your family needs you, and your fam- I did not know how to fight this type of tive staff about what we could do on ily loves you so. issue, it seemed bigger than life to me. You the Federal level, the State level, and Thank you, Pat. truly have done a wonderful job. I appreciate the local level. (Mr. RUBIO assumed the Chair.) you stepping in for me . . . your office truly It is because of her that we passed f cares about people. and President Obama signed the bipar- In a last note, another couple wrote: tisan Sudden Unexpected Death Data TRIBUTE TO MARGARET MOLNAR ‘‘I hope Senator Brown knows how for- Enhancement and Awareness Act. It is Mr. BROWN. Mr. President, I rise to tunate he is to have you on his staff.’’ because of Beth that we wrote to the honor the career of Margaret Molnar, a I know that, and Ohio knows that. Consumer Product Safety Commission dedicated public servant who has made f and got them to add warnings to crib a difference in the lives of thousands of bumpers to promote safe sleep. Ohioans and who is retiring soon after TRIBUTE TO BETH THAMES It is because of Beth’s hard work that 12 years with my office. Mr. BROWN. Mr. President, I rise to then-Secretary of HHS Sylvia Mathews She joined my Ohio staff the very honor the career of an indispensable Burwell visited my hometown of Mans- first year I came to the Senate after a member of my staff, Elizabeth Thames. field, OH, to see the great work that long career at Legal Aid. Her entire life Beth has been with my office for over the Doctors Redding—husband and has been dedicated to helping those 20 years—all 12 years in the Senate and wife, two doctors in Mansfield, OH, my people in need. In the past 12 years, about a decade in the House before hometown—were doing and to see the Margaret has worked on more than that. great work they and community health 10,000 cases. Those are 10,000 Ohioans Now, after serving the people of Ohio workers were doing to help moms have whose lives she has touched. Many of for these 20-plus years, Beth retires at healthy pregnancies and deliver these were seniors trying to navigate the end of the year. She joined our of- healthy babies. The change was dra- bureaucracy and get the Social Secu- fice after working as an editor at the matic in the number of healthy babies rity and Medicare benefits they have Elyria Chronicle-Telegram. Far from who were born as a result of the work earned. Margaret went above and be- being the enemy of the people, Beth of all of them. yond the call of duty for them. knew what journalism was, knew how We have more to do, but all of Beth’s She worked on one case for 5 years. It important it is, and knew to tell sto- efforts have given our State important was a complicated one, helping an Ohi- ries to help people, to afflict the com- tools to pay attention to monitor this oan who was taken as a baby from fortable, and to comfort the afflicted. problem and to figure out how to solve Lithuania, brought to a displaced per- Beth brought that same spirit to our it. sons camp in Germany after World War office. She helped our office to connect For Beth, of course, it wasn’t just in- II, and then finally brought to Amer- with the community in Northeast Ohio fant mortality. Any time she heard ica. and around the State. She writes down about an issue in a meeting or round- They were having trouble finding the the name of every single Ohioan we table, any time she heard about how documents he needed to prove his eligi- meet together so we can better serve our office could look and search for and bility for Social Security and Medi- them. Her work has had an amazing find problems and find ways to be help- care, two Federal programs for which impact on the people of Ohio. ful, she was. She called agencies and of- he had paid in. The case at times At meetings, at roundtables, and at fices. She talked with legislative staff. seemed hopeless, but Margaret never community events, she listens and she She always tried to find a solution. gave up. This year she was finally able learns about problems. She under- She heard from veterans about the to track down the documents this Ohi- stands what Lincoln was talking about challenges using GI education benefits. oan needed to secure the benefits he when he said: Go out and get your pub- This year she spearheaded our first stu- earned. That was par for the course. lic opinion. She listens to people who dent veterans conference. We spread She worked on another case for a don’t often get listened to, and she is a around the State to help student vet- constituent who had been trying to get voice for people whose voices are often erans, soldiers, sailors, air men and someone to intervene regarding her not heard. women, and marines who come back mother’s Medicare coverage. The wom- In 2012 and 2013, she began hearing after serving to integrate into class- an’s daughter wrote that Margaret’s more and more about infant mor- rooms in a difficult situation, where ‘‘caring, expertise, and knowledge of tality—a huge problem in our State, they are around college students who the medical system and Federal pro- particularly for African-American ba- are usually younger than they and grams cut through all the gobbledy- bies. Frankly, State government didn’t didn’t have their life experience. She gook I was facing, and pointed us in seem to give a damn. Constituents connects those student veterans with the direction of help when not one would bring up this issue over and resources that allow them to the get other agency or politician would.’’ over, but no one was doing anything the most out of the benefits. Our office has received so many let- about it. She started calling around. For all of her efforts, Beth never ters of praise and thanks like that for She met with anyone who would talk sought recognition. She is generally Margaret. to her about what the State and Fed- quiet as a person. I can imagine her One Ohioan wrote to Margaret: eral Government could do. right now telling me to stop. She You and Senator Brown have accomplished She called Arthur James, a doctor on doesn’t need all this fuss. what I was beginning to believe was impos- the faculty at Ohio State and at the This fall, the Elyria NAACP gave her sible—the Social Security backpay was in- Nationwide Children’s Hospital. He was an award—something she probably

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.087 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7887 hoped I wasn’t going to talk about— identity of those who are responsible Mr. PAUL. Reserving the right to ob- called the ‘‘Unsung Hero Award.’’ for or complicit with gross violations ject, today President Trump announced That is Beth. By the end of a long ca- of human rights of the Syrian people. that we have won the war against ISIS reer that touched so many lives, I can’t There is no doubt that we are going in Syria. Our troops are coming home. let her go without giving her the rec- to get to that point. It is not going to Thank you, Mr. President. ognition she reserves. happen tomorrow, and it is not going The Syrian civil war is largely over, Beth Thames, thank you for what to happen the next day, but no one on but Syria is a mess and desperately you have done for our State. Thank Earth can do the kinds of things that needs reconstruction. These sanctions you for what you have done for our Assad has done to his own people. will delay—and possibly prevent—the country. We all know that there have been reconstruction of Syria and the begin- I yield the floor. poisonous substances used and weapons ning of a healing time. Now is the time The PRESIDING OFFICER (Mr. of mass destruction used by Assad for diplomacy. PERDUE). The Senator from Idaho. against his people. Eventually, those There are many actors—including f who are responsible are going to have Russia, Iran, Turkey, the United UNANIMOUS CONSENT REQUEST— to face the music for that, and they are States, and others—but this is the time H.R. 1677 going to have to be prosecuted for that. for diplomacy, not for new sanctions. This bill helps to preserve the evi- So I object. Mr. RISCH. Mr. President, I come dence and the identity of those who are The PRESIDING OFFICER. Objec- here today to talk about an issue that involved in that. As I noted, the House tion is heard. has been talked about quite a bit here passed this some time ago, and vir- The Senator from Idaho. on the floor today, and that is the situ- tually without resistance. On Novem- Mr. RISCH. Mr. President, to respond ation in Syria. I know there has been a ber 30, the administration issued a briefly, with all due respect to my lot of debate today about what is hap- White House statement supporting friend and colleague, the Senator from pening there and what happened today H.R. 1677. The administration said: Kentucky, I respectfully urge that this in Syria. The bill would add to a robust set of tools is exactly what is needed to encourage But I bring to the floor today some- at the Administration’s disposal to help the diplomacy that he wants, that I thing that I think should get the unan- bring to an end the heartbreaking ongoing want, that all of us want. imous consent of everyone. The House tragedy in Syria and to hold Syrian officials As far as discouraging that, this reso- passed this resolution some time ago. accountable for the slaughter of civilians lution actually gives the President the It was by voice vote—no recorded ‘‘no’’ and other atrocities. This bill will help provide additional leverage to achieve the authority to grant waivers when and if votes. It was essentially a unanimous they finally get to the diplomatic consent bill. United States government’s objective to de- escalate the military conflict and support track. When I am through with this, I am the United Nations-led peace process and a So with all due respect, I disagree hoping everyone here will agree with transition to a government in Syria that with that. I understand he has the me that this is the right thing to do honors the will of the Syrian people, respects right to object to this. It is unfortu- and something that will actually ad- the rule of law and human rights, and peace- nate. We had the 435 members of the dress the situation that is taking place fully co-exists with its neighbors in the re- House hotline this here. There are 99 gion. in Syria. Members here who signed off on this This bill declares that it is U.S. pol- The bill effectively targets the Assad legislation. It is very unfortunate. icy to use all diplomatic and economic regime and its supporters with addi- The Syrian people do not deserve the means to compel the government of tional financial sanctions and some treatment they are getting from Assad, Bashar al-Assad to stop the slaughter crippling economic tools. We have all and this resolution is aimed directly at of the Syrian people and work toward a seen some very recent examples of how stopping it. democratic government. The use of well our sanctions have worked be- Mr. President, I suggest the absence sanctions are a critical tool of U.S. for- cause of the United States’ position in of a quorum. eign policy, and that is what we are the banking industry and, indeed, in The PRESIDING OFFICER. The talking about here today—the imple- the world economic structure. clerk will call the roll. mentation of additional sanctions. In order for us to get the Iranians out The senior assistant bill clerk pro- They often allow the United States to of Syria and help bring a permanent ceeded to call the roll. have a strong impact on a country and defeat of ISIS, we must pursue a politi- Mr. LANKFORD. Mr. President, I ask serve the U.S. national security inter- cally negotiated solution that will unanimous consent that the order for ests without having to implement mili- have a major change in the current the quorum call be rescinded. tary measures and put U.S. troops in Syrian regime structure. The Syrian The PRESIDING OFFICER. Without harm’s way. people are a noble people. Their culture objection, it is so ordered. I believe—and most of us believe— has been an organization that has ex- that H.R. 1677 helps meet those inter- isted since Biblical times. These are a f ests. How does it work? Here is how it noble people, a good people as a popu- JOHNSON-O’MALLEY SUPPLE- works. First of all, it imposes fresh lation, and they do not deserve this. MENTAL INDIAN EDUCATION sanctions on entities conducting busi- From a humanitarian perspective, this PROGRAM MODERNIZATION ACT ness with the Assad regime and its legislation expresses the long overdue Mr. LANKFORD. Mr. President, I ask military and intelligence agencies. A outrage for the 500,000 Syrians killed the Chair lay before the Senate the number of regime-controlled indus- by the Syrian dictator, Iranian forces, House message to accompany S. 943. tries—including in the airline, tele- and their allies. The Presiding Officer laid before the communications, and energy sectors— Dictators are evil. Whether they are Senate the following message from the will also be targeted. religious or secular, royals or House of Representatives: It aims to encourage negotiations by oligarchs, they are evil. allowing the President to waive sanc- Resolved, That the bill from the Senate (S. Mr. President, I ask unanimous con- 943) entitled ‘‘An Act to direct the Secretary tions if the parties are engaged in sent that the Senate proceed to the im- of the Interior to conduct an accurate com- meaningful negotiations and the vio- mediate consideration of Calendar No. prehensive student count for the purposes of lence against civilians has ceased. 620, H.R. 1677; that the committee-re- calculating formula allocations for programs The bill also authorizes the Sec- ported amendment be agreed to, the under the Johnson-O’Malley Act, and for retary of State to support entities that bill, as amended, be considered read a other purposes.’’, do pass with an amend- are collecting and preserving evidence third time and passed, and the motion ment. for the eventual prosecution of those to reconsider be considered made and MOTION TO CONCUR who committed war crimes and crimes laid upon the table. Mr. LANKFORD. I move to concur in against humanity in Syria from March The PRESIDING OFFICER. Is there the House amendment. 2011 to the present and requires the objection? The PRESIDING OFFICER. The mo- President to report to Congress on the The Senator from Kentucky. tion is pending.

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.088 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7888 CONGRESSIONAL RECORD — SENATE December 19, 2018 Mr. LANKFORD. I know of no fur- Homeland Security and Governmental fore I do that, I want to address what ther debate. Affairs Committee in September. happened late on the Friday night—I The PRESIDING OFFICER. If there The bill being considered today is re- think 9 days before Christmas—when a is no further debate, the question is on flective of bipartisan support from both Texas judge basically threw out the Af- agreeing to the motion to concur. the House and the Senate. This bill, fordable Care Act. The motion was agreed to. H.R. 4887, cleared the Republican hot- This latest decision comes more than Mr. LANKFORD. I ask unanimous line weeks ago. Every single Repub- 6 years after the Supreme Court, in an consent that the motion to reconsider lican has already cleared this. They opinion written by Justice Roberts, al- be considered made and laid upon the want the transparency in the grant ready upheld the law’s constitu- table. process and want a better grant process tionality. That opinion also found that The PRESIDING OFFICER. Without for all of the grant requesters. It is not parts of the law can be severed from objection, it is so ordered. yet clear on the Democratic side. the rest of the legislation. It comes The Senator from Oklahoma. My simple request doesn’t just come after the administration has stated em- f from me. This request comes from the phatically that it would not defend the UNANIMOUS CONSENT REQUEST— Grant Professionals Association, the law. So, basically, instead of going in H.R. 4887 National Grants Management Associa- tion, the Association of Government there and helping out to save Mr. LANKFORD. Mr. President, the Accountants, the American Library healthcare for millions of Americans Federal Government awards more than Association, the Scholarly Publishing and protect them from being thrown $600 billion in grant awards—$600 bil- and Academic Resources Coalition. off their insurance if they have pre- lion. We actually do more in grant Leading universities around the coun- existing conditions—instead of going awards than we do in contracting. Our try have just asked to improve this into that burning building—the admin- current system is riddled with out- grant-making process. Every single istration has said to basically stand dated reporting mechanisms that bur- Democrat in the House has affirmed down and throw lighter fluid on the den grant recipients and inhibit over- this, and every Republican in the fire. That is exactly what has hap- sight from Agencies in Congress. House and every Republican in the pened. If this ruling takes effect, the The bill, H.R. 4887, which is called Senate has already cleared it. We are consequences will be devastating. the GREAT Act—Grant Reporting Effi- just asking for this bill to move for- To start, protections for people with ciency and Agreements Transparency ward and to be passed. preexisting conditions would be gone. Act—tries to put some sense into this I ask unanimous consent that the About half of all Americans have pre- process. This is a process that has Committee on Homeland Security and existing conditions. This isn’t just worked with all of the grant requesting Governmental Affairs be discharged about rare diseases. This is also about Agencies. Whether they be universities, from further consideration of H.R. 4887 asthma and diabetes. The ability to whether they be entities for research, and the Senate proceed to its imme- keep your kids on your insurance plans they have all gone through this for the diate consideration. I further ask that until they are 26 years old will be gone. past couple of years, actually. They the Johnson substitute amendment at The work we have done to close the have given a tremendous amount of the desk be considered and agreed to; Medicare doughnut hole coverage gap, input because they struggle in actually that the bill, as amended, be considered which makes it easier for our seniors requesting the grants and in getting read a third time and passed; and that to afford pharmaceuticals and to lower through all of the chaos of those the motion to reconsider be considered prescription drug prices, will be gone. grants. made and laid upon the table. The provisions that help people to buy The OMB and other entities are not The PRESIDING OFFICER. Is there insurance on the healthcare exchanges getting the data information to the objection? will be gone. Minnesotans will see a American people, so there is no trans- The Senator from Ohio. loss of $364 million in premium tax parency in that process. For the past Mr. BROWN. Mr. President, in re- credits, and, roughly, 272,000 people in couple of years, we have worked very serving the right to object, these are my State will lose coverage. hard to establish a good process of get- not Mick Mulvaney’s decisions to We can’t allow this to happen. The ting transparency and also of helping make—or whatever job Mick Mulvaney judge must issue a stay immediately the grant-requesting entities get a happens to be in this week. These are until the appeals are completed so that more efficient process. not Alex Azar’s decisions to make. these protections can stay in place and The GREAT Act would require, with- Congress needs to do its job. On behalf this decision can be overturned. in 1 year, OMB and the leading grant of the minority leader, I object. It is time to stop trying to start from Agency to establish a governmentwide The PRESIDING OFFICER. Objec- scratch. The American people spoke in data standard for information related tion is heard. this last election across the country. to Federal awards. Within 2 years, The Senator from Oklahoma. Do they want improvements to the Af- guidance must be issued for grant-mak- Mr. LANKFORD. Mr. President, I am fordable Care Act, like making phar- ing Agencies on how to apply those a little confused when every grant- maceuticals less expensive and doing standards and implement them into making and requesting organizations— something about premiums? Yes, they the existing reporting practices. With- all of the universities around the coun- do, but they don’t want to start from in 3 years, Agencies must ensure that try—are requesting this. Every single scratch. all grants and cooperative agreements Democrat in the House has already af- We have already seen what kind of use the new data standard for future firmed this. There does not seem to be healthcare proposals we get when we information requests. This is excep- a great fear of Mick Mulvaney at the start from scratch—the ones that my tionally important to get through the OMB since, by the time this will be im- colleagues on the other side of the aisle process so that we are not squandering plemented, it will be 2022. So it is a lit- have put forward. The legislation that $600 billion in grants. tle bit confusing to me why getting we saw earlier this Congress would Let me tell you what this process has more transparency in grants and help- have hurt people by kicking millions gone through. ing grant requesting organizations off of Medicaid, by letting insurance In February, H.R. 4887 passed unani- would be controversial. companies charge people more when mously out of the House Oversight and I yield the floor. they get sick, and by jacking up Government Reform Committee. Then The PRESIDING OFFICER. The Sen- healthcare costs. Every major group it went to the House Calendar, and it ator from Minnesota. that you trust when it comes to your passed unanimously on September 26. f health—the largest groups of doctors, Every Democrat and every Republican nurses, seniors, hospitals, people with in the House voted for this. Subse- HEALTHCARE cancer, Alzheimer’s, heart disease, and quently, Senator ENZI and I passed our Ms. KLOBUCHAR. Mr. President, I diabetes—has said it was the worst re- amended Senate companion to H.R. rise to speak about some of our col- peal bill yet. We cannot spend the next 4887. It passed unanimously out of the leagues who are leaving the Senate. Be- 2 years going backward and fighting

VerDate Sep 11 2014 06:31 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.093 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7889 old fights. We need to focus on building of Hanukkah,’’ and his ode to Manhat- 1878, and then it was passed down gen- on the work we have done and tan, ‘‘Skatin’ with My Baby.’’ ORRIN eration to generation. strengthening and improving the Af- HATCH’s songs have been featured in I learned a lot about the Flake fam- fordable Care Act. the movies ‘‘Oceans 12’’ and ‘‘Stuart ily history through JEFF’s book, which I have always said that the Afford- Little 2.’’ I once read in its entirety on Christmas able Care Act was the beginning and While Senator HATCH takes pride in Day. What I most remember from that not an end, and we all have heard from all of his accomplishments, I know book was that growing up, JEFF’s fam- those on the frontlines; doctors, pa- that he is proudest of his family: his ily had a card on the refrigerator, and tients, seniors, and those working to wife, Elaine; their six children; 23 this is what it said: ‘‘Assume the best. combat the opioid epidemic say that grandchildren; and 24 great-grand- Look for the good.’’ repeal is not the way forward. We children. It is that unshakeable sense of opti- should now be governing from oppor- Senator HATCH and I have worked to- mism and faith in the decency of other tunity and not from chaos. gether for a long period of time. He was people that Senator FLAKE has brought It means passing reinsurance pro- first elected to the U.S. Senate in 1976, to the U.S. Senate. He has been willing grams, like the bipartisan legislation, and I also got my start in elected life to work across the aisle to do what he which I am proud to cosponsor, that that year as the secretary-treasurer of thinks is right, even when it has some- Senator ALEXANDER and Senator MUR- my 10th grade high school class. Wash- times meant breaking with his own RAY put forth, and using ideas that ingtonian Magazine once named us the party. have worked in Minnesota and taking two Senators least likely to get into a JEFF knows what is at stake, for in- them out on a national basis. scandal, which I assume includes with stance, with immigration reform. He It means doing something about sky- each other. wrote in his book: ‘‘From a very young rocketing pharmaceutical prices and We are both members of the Senate age in ranch country, you get to know passing my bill that has over 30 co- prayer group. One time I will never for- immigrants intimately and honestly’’ sponsors to allow Medicare to nego- get was when he was speaking at the and you know ‘‘how indispensable they tiate for less expensive drugs under National Prayer Breakfast and his are to making things work in Amer- their Medicare part D—literally lifting phone started ringing and he had to ica.’’ the ban that says that the 41 million improvise in front of the entire Na- It is clear that those lessons have seniors of this country shouldn’t be al- tional Prayer Breakfast. He said that stayed with him. I have seen it as JEFF lowed to get a better deal. God was calling him with prayer advice has worked to build bipartisan con- It means passing my bill with Sen- as he answered the cell phone. sensus on immigration issues, reaching ator GRASSLEY, which we just improved Most of all, we have teamed up on across the aisle to find a solution to upon today, to limit anti-competitive many issues that matter to the Amer- try to protect our Dreamers. ican people. We are cochairs of the pay-for-delay deals, which delay more I have seen it when we joined to- Rare Disease Caucus. affordable generic drugs from getting gether to introduce a resolution, the We have helped to make our schools out on the market. two of us, recognizing the contribu- safer just this spring by adding $1 mil- It means allowing less expensive, safe tions of Muslim Americans. That reso- drugs to come in from other countries lion to improve school security. We led lution passed the Senate because JEFF so that we can have true competition. a bipartisan bill that was passed unani- FLAKE was willing to cosponsor it with mously in this Chamber, and it was We could even put it to a trigger so me. that if there were not competition, signed into law. I have seen these values as Senator then you could allow the safe drugs to We worked together to restore the in- FLAKE has worked with a bipartisan be purchased from other countries, and tegrity to our patent system. group of us to normalize relations with I think that it would create a major in- He also has been a supporter of com- Cuba. This commitment dates back centive for drug prices to go down. prehensive immigration reform, some- decades to his earlier experience in What we need to do is work together thing we need more of in this Chamber. building democracy in Namibia. So on the many bipartisan proposals that I will always be grateful for the op- when President Obama took up the have been put forward to actually im- portunity I have had to work with Sen- cause of Cuba, JEFF did not hesitate to prove the Affordable Care Act, not ator HATCH, someone who has dedi- lend his support, and together Senator throw it out and not throw people who cated his life to serving his State and FLAKE and I led the bill to lift the em- have preexisting conditions off their country for more than 40 years. bargo on Cuba, along with Senators insurance. I also want to honor the service of ENZI, LEAHY, and many others. f my colleague from Arizona, Senator JEFF FLAKE, whom I have truly en- JEFF’s voice has been particularly TRIBUTE TO DEPARTING joyed working with during our time to- needed lately in the face of grave SENATORS gether in the Senate. threats to our democracy and the rule Ms. KLOBUCHAR. Mr. President, I JEFF has never invited me to travel of law. He has been a strong advocate have already given speeches in this with him to a deserted island, as he did for this bipartisan legislation that the Chamber about my four friends, depart- with Senator HEINRICH, but we did once Senate Judiciary Committee passed to ing Democratic colleagues, Senators stay with JEFF and his wife, Cheryl, at simply protect the work of the special HEITKAMP, MCCASKILL, NELSON, and John and Cindy McCain’s ranch, and counsel, and he has taken a stand to DONNELLY. Now I rise to recognize my let’s just say it had a few more amen- try to ensure that the bill gets a vote Republican colleagues who are leaving ities than he had on the island with on the Senate floor. the Senate. Senator HEINRICH. As a daughter of a journalist, I also Let me start with ORRIN HATCH, who During that memorable visit to deeply appreciate Senator FLAKE’s is truly one of a kind. Sedona, I saw firsthand how dedicated leadership on behalf of a free press, Out of 100 Senators, none of us can JEFF is to his family. I remember how which is essential to our democracy. say that our great-grandfather founded early he got up one morning to travel At a time when journalists are under the town of Vernal, UT, home of the to his son Tanner’s track meet. That attack, when reporters are risking and Dinosaur Roundup Rodeo. None of us afternoon he actually sent me a photo losing their lives and the President is can say that we served as a Mormon of Tanner taken after he had won the calling them ‘‘the enemy of the peo- bishop or that we started off working event. ple,’’ it has never been more important as a janitor to pay for school and then I also have seen how much he loves for us to speak out for the First went on to become the most senior Re- his home State. At heart, he is a fifth- Amendment. So when JEFF FLAKE took publican in the U.S. Senate. generation Arizonan, one of 11 kids to the Senate floor in support of free- None of us can say that we moonlight who grew up on a cattle ranch in the dom of the press earlier this year, I was as a singer, songwriter, and famed lyri- town of Snowflake. That land had first proud to speak after him. cist, whose catalogue includes the been owned by his great-great-grand- While JEFF will be so missed in the classics: ‘‘Heal Our Land,’’ ‘‘Eight Days father, who had come to Arizona in Senate, I have no doubt that he will

VerDate Sep 11 2014 08:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.094 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7890 CONGRESSIONAL RECORD — SENATE December 19, 2018 continue to use his strong voice on be- across our entire country. He under- 2017 tax bill. While this ruling is being half of the issues he cares about, on be- stands that when we increase tourism, appealed, President Trump has the op- half of his State and our country, we not only create jobs and strengthen portunity to stand up for the American which he has served so well. our economy, we also strengthen our people. Also, Senator CORKER. Senator alliances and export our values. Over and over again, we have heard CORKER and I were elected to the Sen- It is that same philosophy that is be- President Trump promise to lower pre- ate at the same time in 2006. He was hind his efforts, along with Senator scription drug prices for seniors, end the only Republican Senator in our in- FLAKE who is here in this Chamber, to the opioid epidemic, and improve the coming class. I see Senator CARDIN normalize relations with Cuba. DEAN availability and affordability of health here in the Chamber; he was also a and I traveled to Cuba, along with Sen- insurance. Yet, for any of his proposed Member of that class. We all have re- ator FLAKE, with President Obama, and policies to succeed, President Trump mained friends with Senator CORKER I deeply appreciated his commitment, needs the Affordable Care Act, even over the years. I will tell you that Sen- as well as Senator FLAKE’s and others, though he will not admit it. ator CORKER never misses Senator to improving the relationship between Without the Affordable Care Act, MCCASKILL’s annual chili party. He has our countries and opening up new op- which closed the doughnut hole for sen- been very good to us, and we have portunities for American businesses. iors, many older Americans would like- worked together for years. I have valued our time together on ly spend around $2,000 more in out-of- Before becoming a Senator, BOB the Commerce Committee, where we pocket costs for prescription drugs CORKER had two previous experiences led bills that passed and were signed each year. Rather than helping our as an elected official. He was the into law regarding more women getting seniors lower costs, with the loss of the mayor of Chattanooga and the presi- into science, technology, engineering, protection under the Affordable Care dent of a high school class. He claims and math at NASA. We are proud that Act—the benefits—they will end up that he did not even have to campaign both bills were signed into law. paying more. Furthermore, the Affordable Care for that job. Here is what he said: ‘‘I I have enjoyed serving with DEAN Act created the Centers for Medicare just woke up one day and was presi- HELLER in the U.S. Senate, and I thank dent.’’ That is not how it usually works him for his service. and Medicaid Innovation, which is the in politics. Thank you. basic infrastructure for the Trump administration to test the recently re- It turns out that BOB’s roots were ac- I yield the floor. tually, of course, in business. He saved The PRESIDING OFFICER. The Sen- leased drug-pricing proposals. Without up $8,000 to start his own construction ator from Maryland. the ACA, the Centers for Medicare and company at age 25 and then expanded Medicaid Innovation would not exist, f and President Trump would need con- it to 17 other States, and he has HEALTHCARE gressional approval to implement such brought this commonsense business a sweeping national test on drug background to tackle difficult prob- Mr. CARDIN. Mr. President, I take prices. lems head-on, while always calling it this time to talk about the recent court decision concerning the Afford- We all should be committed to reduc- as he sees it. ing the cost of prescription drugs in We have seen that in his chairman- able Care Act. this country. The President ran on that ship of the Foreign Relations Com- I see that Senator FLAKE is on the floor. I was listening to my colleague, when he was Candidate Trump. mittee, where BOB has spoken up to de- We know that as Americans we pay Senator KLOBUCHAR, talk about the fend the values that define America, so much more than people from other four colleagues on the Republican side including strongly stating that he felt industrialized nations for the same who will be leaving. I have already had this Chamber and the administration drugs, many of which are manufac- a chance in the Foreign Relations Com- had to do more in response to the mur- tured right here in America. The mittee to talk about Senator FLAKE, der of journalist Jamal Khashoggi. ACA—the Affordable Care Act—helped but I want him to know, and I want the We have seen it as Senator CORKER us move in the right direction. We need American people to know, that there is has worked to strengthen our alliances. to build on that. Let us work together no finer Senator than Senator FLAKE. I can tell you, when I was having trou- to preserve the progress we have made He has shown great integrity on for- ble getting the nominees to be Ambas- under the Affordable Care Act and to sadors to Sweden and Norway through eign policy issues, on decency issues, pass additional legislation allowing us the Congress last Congress, which is and on his principles. to use the collective bargaining power very important in my State with its I will never forget our visit to the of our consumers so that we can pay Scandinavian roots, I knew that I southern part of Africa, where Senator lower prices than our friends from Can- could count on his support. FLAKE was a missionary when he was a ada because we have a bigger market. We have seen it in his efforts to com- little bit younger, and his passion for We should be paying lower—not twice bat human trafficking, an issue I also the people and their needs has never as much. care deeply about. stopped. That is just one example. I President Trump says that he wants BOB has so much to be proud of at the can name many more examples of how to end the opioid epidemic. By getting end of his chapter of public service and Senator FLAKE has inspired all of us. rid of the Affordable Care Act, he will begins another back home in Ten- The courage that he has shown has cause millions of Americans to lose nessee. been an inspiration. I wish him the their current health insurance. This is Finally, I want to recognize my best as he moves on to the next chapter because any rollback in Medicaid cov- friend and colleague, Senator DEAN in his life. erage, the biggest payer for behavioral HELLER of Nevada. I rise today to discuss America’s ac- healthcare, would result in roughly 1.2 DEAN has dedicated so much of his cess to healthcare and the patient pro- million people with addiction and men- life to public service on behalf of his tections that are currently being tal health issues losing access to af- State—in Nevada’s legislature, as sec- threatened by President Trump and his fordable treatment. retary of state, in Congress, and in the administration; specifically, his deci- If you don’t have insurance protec- U.S. Senate. sion to not uphold the Patient Protec- tion for behavioral health or addiction, His family moved to Nevada when he tion and Affordable Care Act, the law you are going to be much less likely to was only 9 months old. As the son of an of the land. be able to get access to that needed auto mechanic and a school cook, he Last week, Judge Reed O’Connor of treatment in order to deal with your has often said that he is likely one of the U.S. District Court for the North- addiction. the only Senators who can change your ern District of Texas ruled that the Af- We know we need a comprehensive oil and fix your transmission. fordable Care Act is unconstitutional approach to deal with the opioid crisis. Nevada is obviously a State with no and that the law is not severable from Yes, we want to stop the dangerous shortage of tourism, and DEAN has and cannot stand without the indi- drug fentanyl from coming into this worked with me as cochairs of the vidual mandate penalty, which Repub- country. Yes, we want to stop the dis- tourism caucus to promote tourism licans eliminated in their December tribution of illegal drugs. But we also

VerDate Sep 11 2014 08:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.096 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7891 have to deal with the reality of people condition and you couldn’t get full cov- the end of a calendar year—not the end who have addictions, and they need to erage. Let’s not go back to the days of our fiscal year. But here we are be able to get help. Part of that is hav- when, if you had a heart ailment and again with late-night sessions and peo- ing access to care and having coverage. you tried to buy an insurance policy, ple running around in a very unpro- The elimination of the Affordable Care you were not going to get coverage for fessional manner, in my opinion, talk- Act will move us in the wrong direc- what you need. You were going to get ing about how to get our government tion. those exclusions. That is where we funded. We need to continue to build on legis- were before we passed the Affordable Let me put this in perspective. This lation we have worked on together—bi- Care Act. is the end of December. October, No- partisan—that provides additional re- Let’s build on the Affordable Care vember, and December are the first fis- sources to our State and local govern- Act. Let’s work together as Democrats cal quarter of fiscal year 2019. We are ments to deal with the opioid crisis. and Republicans. Let’s defend the already one-fourth through this fiscal Part of that is the expansion of cov- progress we have made. I hope the year, and we are still talking about the erage under the Affordable Care Act. President will join us, but let’s take completion of authorizations and ap- Scrapping the healthcare law will not that responsibility and build on that propriations to fund the government only leave Medicaid expansion enroll- and work together, Democrats and Re- for this year—not next year, this year. ees high and dry; it will also hurt very publicans, to build a stronger system In 2018, the Senate and, indeed Con- vulnerable populations that were unfor all. gress did something we haven’t done in able to buy affordable, comprehensive Mr. President, I yield the floor. a long time. For the first time in 22 coverage before the Affordable Care The PRESIDING OFFICER (Mr. years, we did get 75 percent of the Fed- Act, including more than 130 million BOOZMAN). The Senator from Montana. eral Government discretionary spend- women, children, and other people with f ing funded. By the way, that is only preexisting conditions. about 25 percent of what we spend as a Let’s remember that prior to the Af- PUBLIC LANDS BILL federal government, but that is a con- fordable Care Act, many Americans— Mr. TESTER. Mr. President, I appre- versation for another day. millions of Americans—were denied ciate that and thank the Senator. On July 31 this year and earlier than full coverage because of preexisting Look, we are at the end of the year. that—we started the appropriations condition restrictions. The Maryland Oftentimes in this body, things happen process earlier this year and had an op- Health Benefit Exchange estimates at the end of the year that we are not portunity in the Appropriations Com- that in Maryland, there are approxi- too proud of, but we have an oppor- mittee. The subcommittees and the mately 2.5 million non-elderly Mary- tunity to do something we could be committee did a fabulous job this year. landers with preexisting conditions, very, very proud of, and that is, pass Democrats and Republicans got to- 320,000 of whom are children. They are the public lands bill. gether behind closed doors, no cameras, at risk with this court decision in This public lands bill would perma- and really argued the points and came Texas. nently reauthorize the Land and Water to compromises on most of the issues, Undoing current law would also Conservation Fund. This is the most ef- so that by July 31, we had funded 12.25 eliminate strong patient protection. fective conservation tool we have in percent of this year’s Federal budget Insurers would once again be able to this country right now. Whether it is for discretionary spending. impose annual and lifetime limits, dis- establishing a park in one of your cit- We decided as a body, with the lead- criminate against women, and charge ies or towns or setting land aside so we ership’s approval, to stay here in Au- higher out-of-pocket costs. Young can get better access to our public gust of this year. Because of that, we adults would no longer be able to stay lands, this is a critically important went from 12.5 percent to 75 percent of on their parents’ insurance until they fund that I hope we can get done as the discretionary budget being appro- turn 26. part of this lands package that is mov- priated and approved. Indeed, the ap- We are talking about tens of millions ing forward and hopefully will move propriators did their job this year and of Americans who are at risk by this forward before this Congress ends. would have gotten 100 percent had we court decision. It is absurd to move LWCF—the Land and Water Con- not had the disagreement over border back and tell these people they are servation Fund—has invested over half security. going to lose the protection they now a billion dollars in Montana alone. Let’s be clear. As we sit here at the have under our healthcare system. There is another component of this end of this quarter, the Senate should It is simple. President Trump must bill that I am particularly fond of. It is have already totally funded the Fed- take this opportunity to stand up for a bill that will protect Yellowstone eral Government’s discretionary budg- the American people and defend the Park and the headwaters of the Yellow- et by September 30 of this year. That law. That is what the President of the stone River. It is called the Yellow- was 3 months ago. Instead, what we are United States should be doing. That is stone Gateway Protection Act. It is a about to do is have a vote in the next why I joined Senator MANCHIN and simple bill. It is a bipartisan bill. It is day or two on a continuing resolution many of my Democratic colleagues in a a bill that will help support the hun- for the remaining portion of this year’s letter urging President Trump to di- dreds of small businesses in Paradise Federal budget, the 25 percent. This rect the Department of Justice to de- Valley. And it is called Paradise Valley will be the 186th continuing resolution fend the law of the land. Yes, we should for a good reason—because it is para- this Congress and other Congresses defend the law. It is our responsibility dise, and we need to keep it a paradise have used to continue to fund the gov- to make sure we protect the people of by preventing large-scale mining in ernment in a temporary manner. this Nation. that region. I have a major problem with that. Let’s build on the progress we have I am just asking Congress to act. I First of all, it is an admission that made together. We know we need to am asking my fellow Members, my fel- Congress can’t do its job. The No. 1 re- improve our healthcare system. We low Senators to add some common- sponsibility of Congress is to make know the cost of prescription drugs is sense to the negotiations that are mov- sure the government is funded. It is too high. We can do something about ing on here and pass this lands bill be- one of the reasons Thirteen Colonies that. We know the individual market- cause it is critically important for our got together in the first place to form place needs improvement. We want to kids and our grandkids. this country. make sure there is affordable, quality Mr. President, I yield the floor. This continuing resolution, as bad as insurance for everyone in this country. The PRESIDING OFFICER. The Sen- it is, should not be used, but even in its Yes, we need to build on the progress ator from Georgia. current potential existence, it is so bad we have made to make improvement, f for a couple of other reasons. but what I urge all of us to do—let’s No. 1, it does not address the border maintain the protections we have FUNDING THE GOVERNMENT security issue on which the President today. Let’s not go back to the time Mr. PERDUE. Mr. President, here we and the Democrats had prior agree- when being a woman was a preexisting are again at the end of a quarter and ments. Even just a few weeks ago, we

VerDate Sep 11 2014 08:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.098 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7892 CONGRESSIONAL RECORD — SENATE December 19, 2018 had agreements on some numbers for we have identified are necessary to pro- overseas, no matter what we think border security that are not being hon- tect this strategic industry of ours about the merits, if it is not authorized ored right now. It is like you negotiate called agriculture. by this body. to a point, and then one side says: I remember that during my career, But we have also seen over and over Well, we are going to back up on that. we would work half a day on Christmas again that our relatively meager mili- Well, we will agree to this. And then Eve. I remember that. It hasn’t been tary presence in the Middle East has they back up again. that long ago. We might take Christ- never been enough to change the polit- The American people are not fooled. mas Day off, and then the next day, ical realities on the ground. The train- This is not an immigration issue any most people in America are back to ing mission was a disaster. The weap- longer. It is clearly a national security work if they are not taking vacation. ons we gave to the rebels ended up in issue. The President is right: Over 85 But here in the Senate, right now, we the hands of the people we were fight- percent of the illegal drugs come into won’t be back until sometime in Janu- ing. Ultimately, we never had enough this country illegally across that bor- ary, and we have given ourselves until firepower there to be able to meaning- der. Almost 100 percent of the fentanyl February 8 to resolve this issue. That fully change the balance of power. that comes into this country comes is unacceptable. I believe it is unac- But I will concede that the way the across that southern border of the ceptable to the President. It is cer- United States illegally. President went about making this deci- tainly unacceptable to a person who sion makes our country an even bigger There is a second reason this is such comes from the real world as an out- an insidious thing to do right now with laughing stock than it already is in the sider to this process. region, and, frankly, that is pretty this continuing resolution. It is incred- Here is another derivative negative hard, because everybody is asking ibly disappointing that this continuing to kicking this can down the road: It questions right now about why we pre- resolution does nothing to address dis- not only affects the funding we are tended we were going to protect our aster relief funding for the people of talking about this year; it also talks Kurdish partners in the region if, on Florida, Georgia, the Carolinas, Ala- about the planning and budgeting for the eve of the Turkish offensive bama, and California who have been fiscal year 2020, which starts October 1, against the Kurds, we decide to pull devastated by historic wildfires and 2019. From January 8 until July 31, out. hurricanes. there are 19 weeks or 57 workdays— The reason this is so critical right only 57, the way the Senate operates It makes absolutely no sense to pre- now is that this hits agriculture in today. What that means is that the tend for literally months and months these States in a way that is so insid- Senate and the House have to appro- that we are going to be the bulwark to ious. The reason is that it hit at ex- priate 12 appropriations bills—I believe protect the Kurds against the Turks actly the harvest time, when crops are before July 31—in order to fund the and then right on the precipice of the being harvested or are potentially government before September 30 next Turkish offensive, we leave. Why would going to be harvested. It devastated en- year. Here is why: The August break is anybody believe us in the future if we tire regions of that portion of the a work break, and people in the Senate give them our word? United States. and the House go home and work in Again, I am speaking as someone who In December and January, what their States during the month in Au- didn’t support the intervention in the farmers are typically doing is they gust. first place, but once you have made have taken the money from the crops, If that happens this year, then when that commitment, why not follow paid back the planting loan from this we come back in September, we will through? year to the banks, and now in January have 12 working days in September. Second, why pull the rug out from will start negotiations for loans for There is no way we are going to have under our diplomats in the region? It is next year for the planting season. What any appropriations bills and the con- very clear that neither Jim Jeffrey nor this continuing resolution does is kicks ferences necessary to get that done in Brett McGurk knew anything about the can down the road until a theoretic September. this. In fact, they were just making date—somebody picked February 8 as It is very clear that this continuing plans and suggestions weeks ago to in- an arbitrary date. This devastates resolution is improper, it should not be crease our military involvement in the farmers and smalltown bankers who done, and it puts the people who have region, and now they are having to ex- are trying to fund next year’s crop be- been devastated at risk. And I think plain why 2,000 troops are leaving. cause they have no way of paying this that right now, we need to be very seri- If you are going to make a decision year’s. ous about one thing, and that is, going I am absolutely convinced that Presi- like this, make sure the people who are forward, we need to find a way to cre- working for you know about it. dent Trump wants to help these farm- ate a politically neutral platform to ers and the people in California who Third, why announce this pullout fund this government on time every without answering any questions about have been devastated by these fires. He year without all this drama. has said so repeatedly. In October, on a it or without announcing an alter- I yield the floor. native strategy? Total darkness from trip to Georgia and Florida, he saw the The PRESIDING OFFICER. The Sen- the President and his national security devastation from the hurricane and the ator from Connecticut. tornadoes that came with it and all the team. An announcement—a statement damage that came from that event, and f made on Twitter and no rollout of a this is what the President said: SYRIA plan for how the United States is going The farmers really got hurt, especially in Mr. MURPHY. Mr. President, I come to continue to try to keep the peace. Georgia. . . . But we’re going to get it taken to the floor today to speak briefly So I agree with many of the criti- care of. about the President’s announcement cisms that my Republican friends who There is no question that the President of have come down to the floor have com- the United States wants to make good on today that he is going to be with- that promise. The problem is, he is dealing drawing 2,000 American troops from plained about. This was done in a ham- with another party that is not being genuine Syria. handed manner that makes us weaker in their effort to find a solution to this fund- Let me be clear. I thought this was a in the world. But forgive me if I have a ing issue right now. bad idea from the start, primarily be- few questions about why my Repub- Democrats in the House want to cause our troop presence in Syria is lican friends chose to speak up only clearly push this out into the new year not authorized by Congress. We have now with questions about the Presi- for an obvious reason, and that is what had that debate in many forums here, dent’s Syria policy. we are pushed to tonight, tomorrow, but I believe this Congress has never Where was this outrage when the and the next night. I fully believe the authorized the U.S. military to engage President of the United States froze Senate should be back here the day in hostilities against ISIS. I think it is millions of dollars in humanitarian after Christmas, frankly, to debate an extrapolation of the 2001 AUMF. It funding that could have saved lives on this, to get to a resolution, to some simply belies common sense. So we the ground in Syria? If they care so compromise, to get the benefits that should never endorse military activity deeply about the future of Syria, why

VerDate Sep 11 2014 08:43 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.100 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7893 weren’t the Republicans lighting up so- Assad. All we have done is keep the and embarrassing, but his instincts cial media and down on this floor com- civil war running and running and run- aren’t entirely wrong on the question plaining about the fact that the Presi- ning. of what American troops can and can’t dent refused to forward badly needed I have really terrible news for you do in the Middle East. humanitarian dollars to the region. all. Assad is going to win this war. He I can’t believe I am saying this. I Where was the outrage when the was always going to win this war be- think the President may have learned President effectively pulled the United cause the folks who were on his side more than many of my friends in the States out of the peace process? Re- had much bigger equities—Russia and Senate have. member, the United States, under the Iran—than the folks who were on the I yield back. Obama administration—whatever you side of the rebels. Now, that really The PRESIDING OFFICER. The Sen- think about Obama’s strategy—was in stinks, that Bashar al-Assad is going to ator from South Carolina is recognized. the peace process, was a partner to try win, but you have to make policy based Mr. GRAHAM. I ask unanimous con- to figure out a way forward for Syria. on the real world, not on some world sent to be recognized along with my Donald Trump, as has been his strategy that you imagine. colleague from New Hampshire, Sen- internationally, pulled us out of that These neoconservatives are still— ator SHAHEEN, to enter into a colloquy. The PRESIDING OFFICER. Without diplomatic conversation, left the diplo- even after 4,000 Americans were killed in Iraq and 30,000 were wounded, they objection, it is so ordered. matic playing field to the Iranians, to The Senator from New Hampshire. the Russians, and to the Turks. Where are still clinging to this notion that a was the outrage when the United couple thousand U.S. troops are going f States walked away from the negoti- to be able to solve the problems in SYRIA ating table? Syria. Listen. I get it. Restraint in the Mrs. SHAHEEN. Mr. President, I am How about the shutdown of the ref- face of evil is really hard stuff. But hu- in distress to be on the floor of the ugee program? Once again, if your bris in the face of evil is worse. Senate today with my colleague, Sen- focus is on the cataclysm of humani- So what should we be doing? I won’t ator GRAHAM, to express our deep and tarian disaster on the ground in Syria, spend too much time on this, but we profound disappointment in President why weren’t there all sorts of Members should get out of the civil war. We Trump’s decision to withdraw U.S. of the Republican Party coming down should admit that we have just pro- troops from northeast Syria. to the floor and complaining when the longed it instead of trying to end it. We We had the opportunity to visit Syria President decided to not allow any should keep working with our partners this summer, and we saw what a dif- more Syrian refugees—those fleeing and keep using airpower to keep ISIS ference our troops had made there in terror and torture—to come to the on the run. We should rescue Syrians the fight against ISIS in stabilizing United States? with a generous refugee program, both Syria along the northern Turkish bor- What about outrage over the fact helping our partners in the Middle East der. We saw the response from the Syr- that the President proposed cutting rescue Syrians and bringing them to ians we talked to, both the Kurds and the State Department by 40 percent— the United States when they pass our Arabs, as we drove along the road. We the State Department that is going to vetting program. saw children and people in the area be in the driver’s seat when we eventu- We should stop angering our allies all flashing a victory sign at our troops, ally get to the point of putting Syria over the world, but particularly in that and you can see from this map the land back together politically? region, and get back into the diplo- that is controlled by the Syrian Demo- Why is there outrage only today? matic game. cratic Forces, our partners in Syria, so Well, here is the answer, I think, and it Finally, we should stop believing this is the United States and Syrian worries me. I think there is outrage that our only leverage in negotiations Democratic Forces. today because many Members of the in Syria or anywhere else in the world We have a significant piece of Syria Republican Party still cling to this is military force. Put up a promise of that is now peaceful and stabilized and outdated, empirically disproved, fan- massive investment in Syria after a ISIS has been thrown out of that part tastic notion that the American mili- peace deal is signed—likely, frankly, of Syria, but the President’s decision— tary can solve complicated, convoluted costing a fraction of what we spent in which was announced by a tweet—is political problems in the Middle East. Iraq—and you will discover that you dangerous, premature, and wholly in- We have amazing men and women in quickly get a seat at that table again. consistent with the facts on the ground the Armed Forces, but there are limits But it is time that we give up on this in Syria and our own military’s advice. to what they can do. And history—es- notion that these brave, capable Amer- I was listening to Senator RUBIO ear- pecially the history of the last 15 ican soldiers can fix these complicated, lier today talking about what is the years—tells us that big U.S. military tribal, political, economic, and reli- plan? What is the plan if we withdraw? presence in the Middle East often cre- gious problems in the Middle East. Well, I will tell you what the plan is. ates as many problems as it solves. They are brave, and they are capable, There is no plan. There is no follow-on The Republicans who are com- but there are things they can do, and to what we are going to do if we with- plaining about this make it sound as if there are things they can’t do. Every draw from Syria. What we know is, the we had a couple divisions in Syria. We time we put our troops in situations work of our combined joint task force, didn’t. We had 2,000 troops. We had where they are doomed to fail, when we Operation Inherent Resolve, and its 2,000 troops compared to the hundreds are not prepared to give them the re- partner forces, the Syrian Democratic of thousands of troops fighting on be- sources to succeed, as was always the Forces, is truly remarkable. Again, we half of the Syrian regime, the Iranian case in Syria—spare me this notion can see it. We can see it in this brown militias, the Kurdish forces, the rebel that 2,000 American troops were going section of the country where we have forces, the remnants of ISIS’s forces. to be able to fix Syria—every time we control and there is peace and sta- Two thousand troops isn’t enough to put them in situations where they bility. bluff. It isn’t enough to gain a negoti- can’t win, we undermine American in- Senator GRAHAM and I, when we vis- ating foothold. It is, frankly, just fluence, and we undermine the power of ited this summer, we went to Manbij, enough to keep faking it in Syria— our military. which was controlled by ISIS for 3 doing just enough militarily to say I don’t agree with how the President years. We walked through the market that we are doing something to be able did this. Once you have made that com- in Manbij without any body armor, to sleep at night while never actually mitment, boy, it doesn’t make a lot of with no guards. We talked to people in doing anything sufficient to change the sense to pull the rug out from under that community about what life was balance of power. That has been the our partners right as the tough stuff like under ISIS. story of both President Obama’s and starts to come. I don’t agree that he I talked to one woman who told me President Trump’s policy in Syria. We didn’t do it in consultation with any- she did not go out of her house the en- do just enough to convince the rebels body in this place or anybody on his tire time ISIS controlled Manbij, for 3 that they should keep going but never national security team. I think that years. She went out of her house once enough to actually tackle Bashar al- his announcement today is ham-handed to visit the doctor.

VerDate Sep 11 2014 08:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.101 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7894 CONGRESSIONAL RECORD — SENATE December 19, 2018 We saw women strolling through the fight against terrorism in the Middle ing, and how important it was for us to market. We saw children playing. We East. If we leave, we are going to cede stay there. saw people who were happy to be back influence in that region to Russia, to Mr. GRAHAM. Did they also not say in their own communities. They said to Iran, to Assad. In fact, just moments that the Syrian Democratic Forces us: Please stay. We are worried about after this decision was announced this were some of the best allies we had what will happen if the Americans morning, we heard the chair of Russia’s since 9/11? leave Manbij. State Duma, the chair of the Defense Mrs. SHAHEEN. Without a doubt, We also flew over Kobane, right here Committee, Vladimir Shamanov said: and we saw that firsthand, as you re- on the Turkish border. I remember all ‘‘U.S. plans in Syria had failed,’’ and he member. When we saw them guarding of the TV coverage of the fight for added that we, the United States, had our outposts, when we saw them in the Kobane and what it looked like. decided to make this knight’s move in communities, when we saw them in the We could see it was being rebuilt, not order to avoid a ‘‘shameful end.’’ detention facilities, trying to abide by with money from the United States but Make no mistake. They are cele- international standards with respect to with money from the region. We could brating in Moscow tonight after the the foreign fighters they were guard- see all the building going on. We flew President’s announcement, just like ing, it was very impressive. over a center where they were holding they are celebrating in Tehran tonight Mr. GRAHAM. Did anyone suggest to some of the most dangerous foreign because of the President’s announce- you that the war against ISIS in Syria fighters who had been captured in the ment because we are going to leave the was over and had been won? fight against ISIS, being held right field in Syria to those countries that Mrs. SHAHEEN. Not at all. In fact, if here in Kobane. Then we went down to are aggressors against the United you look at this map, you can see this Ayn Issa, where we saw, directly, the States. orange color. That is one of the pock- difference certain forces had made in I urge President Trump to listen to ets that remains of ISIS. Right here. helping to guard our outposts where his military and diplomatic advisers We have not yet eradicated ISIS, and our troops were stationed. We saw de- before he goes any further on this that does not account for some of the tention facilities where they were hold- shortsighted decision. cells that exist throughout this area. ing, again, fighters from Syria who had It is important to understand that Mr. GRAHAM. Do you remember fought for ISIS. U.S. leadership is essential to com- being told that thousands of ISIS fight- We then went over to Al-Hasakah pletely defeating ISIS and to bringing ers had gone back into the fabric of where we saw a prison that was being an end to the violence in Syria. It is Syria and that they will reemerge built to hold the most dangerous of the also important to reassure our allies under the right conditions? foreign fighters. Those foreign fighters that America keeps its word; that Mrs. SHAHEEN. Absolutely, and it is who—we don’t know what will happen when partnering with us, we are there what we saw in Iraq. if we withdraw our troops. There will to support you. If we leave now, what Mr. GRAHAM. Well, I just want to be nobody there to support the Syrian does that say to anybody else in the fu- state that this has been a long strug- Democratic Forces that are holding ture who may want to partner with the gle. Most Americans, all things being hundreds of those fighters. What hap- United States on any conflict? It says: equal, would like to get all of our pens? Do they get released? You can’t count on the United States troops home. Do they come back to the United because we may just pull out on you The Middle East is a very com- States and to Europe where they can tomorrow if the President suddenly plicated place. I share the President’s engineer terrorist attacks? Do they go thinks it is in his interests—not in the desire to withdraw our forces when it back into the villages and restart an- interests of the United States but in makes sense. As to the public at large, other terrorist group? There is no—we his interest to withdraw. I want to stress that having been in the don’t know what is going to happen This is a reckless decision, and it is military for quite a while, I am very there because there is no follow-on undoubtedly going to have con- aware of the sacrifices required to go plan. sequences for years to come for our overseas and serve in Iraq, Syria, and Again, we heard from people every- military and for our ability to partner Afghanistan. I have come to conclude where we went how important it was to with others internationally. The only that a presence over there is still nec- have American troops stationed in ones who are going to benefit from this essary to keep us safe here. Syria—about 2,000 American troops decision are our enemies. There is a division in this body about who have made such a huge difference So I am pleased to partner with Sen- whether we should have a wall as part there. They serve a vital shield against ator GRAHAM on a resolution that of border security. I think we need a ISIS cells that are still operating in would express the sense of the Senate wall as part of border security to se- Northeast Syria. While the President that we should not be withdrawing our cure our southern border. Every Demo- claims that the threat of ISIS within troops from Syria, that there is too crat is for border security; we just Syria has dissipated, the conditions on much at stake here for us to take this maybe have a different way of doing it. the ground paint a very different pic- reckless action and send the wrong What I tried to tell the President, ture. So working with our partners we message to our partners in the rest of with apparently very little effect, is have achieved gains against ISIS be- the world. that you are right to want to secure cause we have partnered with the Syr- I am pleased to join my colleague, our border because drugs are coming ian Democratic Forces that are partly Senator GRAHAM, and we will do every- across, criminals are coming across, Kurd and partly Arab. If those Syrian thing we can to urge the President to and illegal immigration is a problem in Democratic Forces lose the support of reverse this reckless decision. the country, and securing the border is the United States, we run the risk of a The PRESIDING OFFICER. The Sen- part of the solution, but I told him I resurgence of ISIS and the possible ca- ator from South Carolina. don’t know of any way to defend the pitulation or all-out destruction of Mr. GRAHAM. I thank my colleague Nation from radical Islam by building Kurdish resistance in the region. from New Hampshire. a wall. What does that mean? That means Let me ask the question, when we There is no wall we can build be- those ISIS elements are emboldened. went to Syria and Iraq together, did tween us and the forces of radical They may go underground, but they anyone in the military suggest to you Islam that reside in Africa and the may reemerge. If we don’t remember that withdrawing in the foreseeable fu- Mideast—places like Syria and Iraq. I history, we are destined to repeat it. ture was a good idea? tried to convey to him that our de- That is what happened in Iraq. We left Mrs. SHAHEEN. Absolutely not. In ployed forces, in partnership with oth- al-Qaida, moved to Syria, and they re- fact, they talked about how pleased ers, is a virtual wall. It is the best hope emerged as an even bigger threat. If we they were with the gains we had made, we have of stopping another 9/11, pro- leave, it is not at all clear what is with the partnership, with the SDF, tecting ourselves and our allies; that a going to happen. with what they were seeing in terms of forward deployed presence gives us These are hard-fought gains that are stabilizing those communities, people eyes and ears on the ground, working critical to ensuring that we win the coming back to their homes, rebuild- with others to protect the homeland

VerDate Sep 11 2014 08:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.104 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7895 and to destroy over time the scourge I don’t think ‘‘General Trump’’ is hell on the Kurds. In the eyes of Tur- called radical Islam. going to be any better than ‘‘General key, they are more of a threat than The partnership between us and the Obama.’’ I don’t think ‘‘General Gra- ISIS. Syrian forces, which has been mostly ham’’ is the answer to this problem. I This decision is a disaster on mul- Kurds, has been very successful. think those who are in the fight, who tiple fronts, and I hope it can be I want to compliment the Senator have been doing it for 17 years—the na- changed. There is a resolution urging from New Hampshire for taking the tional security team the President the President to make a withdrawal de- floor and expressing a resolve to main- has—are the experts. Mr. President, if cision based on conditions on the tain a fairly small military footprint you don’t like them or trust them, fire ground after a vigorous interagency in Syria and having connected to that them. What you have done, in my view, process. our own national security interests. is set us back. Mr. President, I, too, want our troops Maybe the good news—if there is any The chatter out there is pretty dis- to come home, but I don’t want to tell from today—is that Democrats and Re- turbing. I talked with General Mattis the American people that we are secure publicans, after 16 or 17 years of look- today. It is pretty clear that the ripple when I don’t believe we are. And what ing at this war, are beginning to come effect of this is going to be as bad as we is odd is that the troops who are actu- together—that troops are necessary think it will be. ally doing the fighting believe in this sometimes in some places where mili- To our Kurdish partners, I am sorry. more than anybody. They were proud tary action alone will not win the war I don’t support this decision, and I am to be partners with the Kurds. Most of but is certainly necessary, and that hoping it will change. them had been to Iraq and Afghanistan partners are a good thing. President Trump, leadership is about numerous times and were heartbroken I have come to conclude that when it adjusting and being able to change when we left Iraq and all of the gains comes to the war on terrorism, I would your mind when circumstances war- lost. Many of them went back to the rather fight it in the enemy’s backyard rant it. I am not saying we need to be fight to take it yet again. than ours. I would rather have partners in Syria forever. I am saying now is So to the body who loves the troops, than do it alone. I think the decision not the time to leave, and Senator that is good. The American people re- today by the President—and I think it SHAHEEN made a very compelling case spect our troops. If you truly love was his alone—is disastrous to our own about conditions on the ground. them, let them win. They are not ask- national security and those 2,200 whom The winners are Russia, Iran, ISIS, ing to come home. They do this volun- Senator SHAHEEN talked about and the and Assad. The losers are the Kurdish tarily. They understand why they are great job they have done; that by with- people, who came to our aid when al- there. They understand the benefits of drawing them, we have basically taken most nobody would. The Arabs who are being there. a part of the wall down and have now part of the Syrian Democratic Forces I know it must be tough as Com- an open-border policy when it comes to are big-time losers. I can only imagine mander in Chief to write a letter to the ISIS in Syria; that the consequence of what it is like tonight in Manbij. family of the fallen. I know it is a hard this decision makes it far more likely I saw in the eyes of the people that decision for any President to make to that there will be a corridor from we were partnered with, hope and put people in harm’s way, but I just Tehran into Lebanon and to Hezbollah. trust: America is here. America is want the President to understand that Our presence there made it more dif- good. Maybe our suffering is over. the troops who do this embrace their ficult to the Iranians. When I look at the flag and the sol- mission and believe they are defending Who would be celebrating this deci- diers who wear it on their sleeve, we their Nation and protecting their fami- sion? Everybody whom we hate likes are not a perfect country, but we are a lies. They accept the risk. If we do fol- what is going on. The Russians are up damn good country. What makes us a low through with this withdrawal, I am to no good all over the world. Their good people is that we do the hard afraid Americans all over the world statement says everything you need to things. and here at home are going to be more know about this decision. The only rea- We are not the policemen of the at risk, not less. son they are not dancing in Tehran and world. I understand that, but we are I can’t imagine winning this war ISIS camps is they just don’t believe in the glue that holds this world together. without allies. If this decision stands, I dancing. They are as happy as they will We have betrayed our Kurdish allies if can’t imagine being able to sign up ever be—and they are not into being this decision stands. If it is reversed, I many people in the future to serve with happy. will be the first one to applaud the us to defeat enemies that threaten us To the President, you won the elec- President because that is true leader- after today. What hurts so much is to tion. You beat me and many others. ship. To those who say that we have de- have been on the ground—to see it get You have the right to make this deci- feated ISIS in Syria, that is an inac- bad, to see it get better—and to look sion, but the Congress has the duty to curate statement. They have been into the eyes of the people who are hold you accountable. I wish we had hurt. They have been degraded. willing to fight with us and see the done more of this in a bipartisan fash- I give the President all the credit in hope they have that we are finally ion when President Obama withdrew the world for changing our policies re- here. from Iraq. If I am nothing, I am con- garding the fight against ISIS, but I It hurts so much to know that every- sistent. I want this President to be suc- will not buy into the narrative that body that we talked to in Manbij— cessful. I will help him at every turn. they have been defeated in Syria and many of them—are going to get killed. Generally speaking, I am very Iraq. They did the honorable thing to come pleased with his domestic policy and I just got back from Afghanistan and to our aid, to help destroy a common most of the time his foreign policy. I haven’t slept in 2 days. I really appre- enemy of mankind, ISIS. We have been am shocked by this. I think this is a ciate the chance to visit our troops and dishonorable. This is a stain on the decision that is against sound military talk to our generals, but, sure as hell, honor of the United States. advice. I intend to do our part as a ISIS is not defeated in Afghanistan. So I hope and pray the President will re- Congress to make sure that history to say they are defeated is an over- consider this. I know that every Na- records how this decision was made. statement, and it is fake news. It is not tional Security Advisor understands There is a clear record that President true. They have been severely dam- that the time is not right to withdraw, Obama’s decision to withdraw from aged, but they will come back unless that the situation described by Senator Iraq and not leave a residual force we are there to stop it. SHAHEEN as to what will happen is proved to be wrong and was against I don’t intend to outsource our na- more likely than not. military advice at that time. I have yet tional security to any foreign power. If he does not decide to reconsider, to find one person in the administra- This idea that Turkey is going to be then it will be incumbent upon the tion of the national security team who the good guy, that Turkey is going to Congress to speak and hold him ac- thinks this decision was a good deci- come into Syria and protect us against countable. If you are concerned about sion. This was made against sound the rise of ISIS, is just crazy. What today’s decision as a Member of the military advice. Turkey is going to do is unleash holy Senate, please join this resolution. It is

VerDate Sep 11 2014 08:13 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.105 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7896 CONGRESSIONAL RECORD — SENATE December 19, 2018 very evenly worded. We all want the The PRESIDING OFFICER. Without mittee on Veterans’ Affairs be dis- troops to come home, but we want to objection, it is so ordered. charged from consideration of H.R. 1162 make sure they come home with honor f and the Senate proceed to its imme- and that the conditions warrant them diate consideration. leaving. UNITED STATES PORTS OF ENTRY The PRESIDING OFFICER. The Right now, we are withdrawing in a THREAT AND OPERATIONAL RE- clerk will report the bill by title. dishonorable fashion. We are putting VIEW ACT The senior assistant legislative clerk our own Nation more at risk. Just as Mr. CORNYN. Mr. President, I ask read as follows: sure as I am on the floor of the Senate, unanimous consent that the Com- A bill (H.R. 1162) to direct the Secretary of ISIS will reemerge, and all those who mittee on Homeland Security and Gov- Veterans Affairs to carry out a pilot pro- helped us are going to be in jeopardy. ernmental Affairs be discharged from gram to provide access to magnetic EEG/ It will be harder to get allies in the fu- further consideration of H.R. 6400 and EKG-guided resonance therapy to veterans. ture. As for these 700 prisoners who the Senate proceed to its immediate There being no objection, the com- were captured on the battlefield, we consideration. mittee was discharged, and the Senate will hear from them again. The PRESIDING OFFICER. The proceeded to consider the bill. Mrs. SHAHEEN. Will my colleague clerk will report the bill by title. Mr. CORNYN. I ask unanimous con- yield for a question? The senior assistant legislative clerk sent that the bill be considered read a Mr. GRAHAM. Yes. read as follows: third time and passed and that the mo- Mrs. SHAHEEN. You talk about A bill (H.R. 6400) to require the Secretary tion to reconsider be considered made those 700 prisoners. A number of them of Homeland Security to conduct a threat and laid upon the table. are foreign fighters. A number of them and operational analysis of ports of entry, The PRESIDING OFFICER. Without and for other purposes. are ISIS fighters from Syria and Iraq. objection, it is so ordered. What do you think will happen to those There being no objection, the com- The bill (H.R. 1162) was ordered to a detainees who are being held by the mittee was discharged and the Senate third reading, was read the third time, Syrian Democratic Forces if we with- proceeded to consider the bill. and passed. draw and there is no support for what Mr. CORNYN. Mr. President, I ask f they are doing? unanimous consent that the bill be Mr. GRAHAM. One of two things will considered read a third time. VETERANS BENEFITS AND happen. No. 1, the Syrian Democratic The PRESIDING OFFICER. Without TRANSITION ACT OF 2018 Forces had a very ethical view of treat- objection, it is so ordered. Mr. CORNYN. Mr. President, I ask ing prisoners. I was astonished at the The bill was ordered to a third read- that the Chair lay before the Senate compliance with law and their desire to ing and was read the third time. the message to accompany S. 2248. Mr. CORNYN. Mr. President, I know take their enemies and treat them bet- The Presiding Officer laid before the ter than they were treated. The jail of no further debate on the bill. The PRESIDING OFFICER. Is there Senate the following message from the was, quite frankly, very impressive. House of Representatives: Here is what is going to happen. They further debate? Resolved, That the bill from the Senate (S. are going to shoot them or they are Hearing none, the bill having been read the third time, the question is, 2248) entitled ‘‘An Act to amend title 38, going to get out. If Assad takes over United States Code, to authorize the Sec- before Turkey gets there, they will kill Shall the bill pass? retary of Veterans Affairs to provide certain everybody in the jail. So what does it The bill (H.R. 6400) was passed. burial benefits for spouses and children of matter if a bunch of ISIS fighters get Mr. CORNYN. I ask unanimous con- veterans who are buried in tribal cemeteries, killed? It is about us. Once they are sent that the motion to reconsider be and for other purposes.’’, do pass with an captured, it matters how we treat considered made and laid upon the amendment. them. I want them tried. I want them table. Mr. CORNYN. I move to concur in The PRESIDING OFFICER. Without held off the battlefield. We are not exe- the House amendment, and I ask unan- objection, it is so ordered. cutioners. But the most likely scenario imous consent that the motion be is that ISIS reemerges and they break f agreed to and that the motion to re- out. SECRET SERVICE OVERTIME PAY consider be considered made and laid I promise the President this—and I EXTENSION ACT upon the table. told President Obama the same thing— Mr. CORNYN. Mr. President, I ask The PRESIDING OFFICER. Without if you will stick with it and listen to unanimous consent that the Senate objection, it is so ordered. the generals, no matter whether it proceed to the immediate consider- f hurts me or not, we will be with you. ation of H.R. 6893, which was received THE CALENDAR We will give you the political support a from the House. Mr. CORNYN. Mr. President, I ask Republican can give a Democrat to see The PRESIDING OFFICER. The unanimous consent that the Small this thing through. I promise the Presi- clerk will report the bill by title. dent one thing: I will help you where I The senior assistant legislative clerk Business Committee be discharged and can, but I am going to hold you ac- read as follows: that the Senate proceed to the immediate consideration of the following countable. I am going to do everything A bill (H.R. 6893) to amend the Overtime in my power—if you don’t change this Pay for Protective Services Act of 2016 to ex- bills en bloc: H.R. 6347 and H.R. 6348. decision—to make sure you own it, so tend the Secret Service overtime pay excep- There being no objection, the com- the next President will learn from your tion through 2020, and for other purposes. mittee was discharged and the Senate mistakes. There being no objection, the Senate proceeded to consider the bills en bloc. I yield. proceeded to consider the bill. Mr. CORNYN. I ask unanimous con- The PRESIDING OFFICER. The sen- Mr. CORNYN. I ask unanimous consent that the bills, en bloc, be consid- ior Senator from Texas is recognized. sent that the bill be considered read a ered read a third time. Mr. CORNYN. Mr. President, I have a third time and passed and that the mo- The PRESIDING OFFICER. Without number of consent requests and wrapup tion to reconsider be considered made objection, it is so ordered. as we make our way toward the conclu- and laid upon the table. A bill (H.R. 6347) to adjust the real estate sion of the 115th Congress. The PRESIDING OFFICER. Without appraisal thresholds under the 7(a) program f objection, it is so ordered. to bring them into line with the thresholds The bill (H.R. 6893) was ordered to a used by the Federal banking regulators, and SIGNING AUTHORITY third reading, was read the third time, for other purposes, was ordered to a third reading and was read the third time. Mr. CORNYN. Mr. President, I ask and passed. unanimous consent that the Presiding A bill (H.R. 6348) to adjust the real estate f appraisal thresholds under the section 504 Officer be authorized to sign duly en- NO HERO LEFT UNTREATED ACT program to bring them into line with the rolled bills or joint resolutions during thresholds used by the Federal banking regu- today and tomorrow’s session of the Mr. CORNYN. Mr. President, I ask lators, and for other purposes, was ordered to Senate. unanimous consent that the Com- a third reading and was read the third time.

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.107 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7897 Mr. CORNYN. I know of no further The senior assistant legislative clerk Service located at 907 Fourth Avenue debate. read as follows: in Lake Odessa, Michigan, as the The PRESIDING OFFICER. The bills A bill (H.R. 5923) to direct the Secretary of ‘‘Donna Sauers Besko Post Office,’’ was having been read the third time, the Agriculture to exchange certain public lands ordered to a third reading, was read the question is, Shall the bills pass en in Ouachita National Forest, and for other third time, and passed. purposes. bloc? f The bills (H.R. 6347 and H.R. 6348) There being no objection, the com- were passed en bloc. mittee was discharged and the Senate SERGEANT KENNETH ERIC BOSTIC Mr. CORNYN. I ask unanimous con- proceeded to consider the bill. POST OFFICE sent that the motions to reconsider be Mr. CORNYN. I ask unanimous con- The bill (H.R. 5205) to designate the considered made and laid upon the sent that the bill be considered read a facility of the United States Postal table, all en bloc. third time and passed and that the mo- Service located at 701 6th Street in The PRESIDING OFFICER. Without tion to reconsider be considered made Hawthorne, Nevada, as the ‘‘Sergeant objection, it is so ordered. and laid upon the table. Kenneth Eric Bostic Post Office,’’ was f The PRESIDING OFFICER. Without ordered to a third reading, was read the objection, it is so ordered. third time, and passed. FULL MILITARY HONORS ACT OF The bill (H.R. 5923) was ordered to a f 2018 third reading, was read the third time, Mr. CORNYN. I ask unanimous con- and passed. SO2 NAVY SEAL ADAM OLIN SMITH POST OFFICE sent that the Committee on Veterans’ f Affairs be discharged from further con- The bill (H.R. 5475) to designate the M.S. ‘‘MITCH’’ MITCHELL sideration of S. 3523 and the Senate facility of the United States Postal FLOODWAY proceed to its immediate consider- Service located at 108 North Macon ation. Mr. CORNYN. Mr. President, I ask Street in Bevier, Missouri, as the ‘‘SO2 The PRESIDING OFFICER. The unanimous consent that the Com- Navy SEAL Adam Olin Smith Post Of- clerk will report the bill by title. mittee on Environment and Public fice,’’ was ordered to a third reading, The senior assistant legislative clerk Works be discharged from further con- was read the third time, and passed. read as follows: sideration of H.R. 3383 and the Senate f A bill (S. 3523) to amend title 10, United proceed to its immediate consideration. THOMAS P. COSTIN, JR. POST States Code, to require a full military honors OFFICE BUILDING ceremony for certain deceased veterans, and The PRESIDING OFFICER. The for other purposes. clerk will report the bill by title. The bill (H.R. 6059) to designate the There being no objection, the Senate The senior assistant legislative clerk facility of the United States Postal proceeded to consider the bill. read as follows: Service located at 51 Willow Street in Mr. CORNYN. I ask unanimous con- A bill (H.R. 3383) to designate the flood Lynn, Massachusetts, as the ‘‘Thomas sent that the bill be considered read a control project in Sedgwick County, Kansas, P. Costin, Jr. Post Office Building,’’ third time and passed and that the mo- commonly known as the Wichita-Valley Cen- was ordered to a third reading, was ter Flood Control Project, as the ‘‘M.S. read the third time, and passed. tion to reconsider be considered made ‘Mitch’ Mitchell Floodway.’’ and laid upon the table. f There being no objection, the Com- The PRESIDING OFFICER. Without mittee was discharged, and the Senate JAMES WILLIAM ROBINSON JR. objection, it is so ordered. proceeded to consider the bill. MEMORIAL POST OFFICE BUILD- The bill (S. 3523) was ordered to be Mr. CORNYN. Mr. President, I ask ING engrossed for a third reading, was read unanimous consent that the bill be The bill (H.R. 6167) to designate the the third time, and passed, as follows: considered read a third time and passed facility of the United States Postal S. 3523 and that the motion to reconsider be Service located at 5707 South Cass Ave- Be it enacted by the Senate and House of Rep- considered made and laid upon the nue in Westmont, Illinois, as the resentatives of the United States of America in table. ‘‘James William Robinson Jr. Memo- Congress assembled, The PRESIDING OFFICER. Without rial Post Office Building,’’ was ordered SECTION 1. SHORT TITLE. objection, it is so ordered. to a third reading, was read the third This Act may be cited as the ‘‘Full Mili- The bill (H.R. 3383) was ordered to a tary Honors Act of 2018’’. time, and passed. third reading, was read the third time, f SEC. 2. FULL MILITARY HONORS CEREMONY FOR and passed. CERTAIN VETERANS. OAKVILLE VETERANS MEMORIAL Section 1491(b) of title 10, United States f POST OFFICE Code, is amended by adding at the end the HOUSE BILLS following: The bill (H.R. 6335) to designate the ‘‘(3) The Secretary concerned shall provide Mr. CORNYN. Mr. President, I ask facility of the United States Postal full military honors (as determined by the unanimous consent that the Senate Service located at 322 Main Street in Secretary concerned) for the funeral of a vet- proceed to the en bloc consideration of Oakville, Connecticut, as the ‘‘Oakville eran who— the following bills received from the Veterans Memorial Post Office,’’ was ‘‘(A) is first interred or first inurned in Ar- House: H.R. 1850, H.R. 5205, H.R. 5475, ordered to a third reading, was read the lington National Cemetery on or after the date of the enactment of the Full Military H.R. 6059, H.R. 6167, H.R. 6335, H.R. 6930, third time, and passed. Honors Act of 2018; H.R. 7230, and H.R. 7243. f There being no objection, the Senate ‘‘(B) was awarded the medal of honor or ROSS BOUYEA POST OFFICE the prisoner-of-war medal; and proceeded to consider the bills en bloc. ‘‘(C) is not entitled to full military honors Mr. CORNYN. Mr. President, I ask BUILDING by the grade of that veteran.’’. unanimous consent that the bills be The bill (H.R. 6930) to designate the f considered read a third time and passed facility of the United States Postal and that the motions to reconsider be Service located at 10 Miller Street in WALNUT GROVE LAND EXCHANGE considered made and laid upon the Plattsburgh, New York, as the ‘‘Ross ACT table all en bloc. Bouyea Post Office Building,’’ was or- Mr. CORNYN. Mr. President, I ask The PRESIDING OFFICER. Without dered to a third reading, was read the unanimous consent that the Com- objection, it is so ordered. third time, and passed. mittee on Agriculture be discharged f f from further consideration of H.R. 5923 and that the Senate proceed to its im- DONNA SAUERS BESKO POST POSTMASTER FRAZIER B. BAKER mediate consideration. OFFICE POST OFFICE The PRESIDING OFFICER. The The bill (H.R. 1850) to designate the The bill (H.R. 7230) to designate the clerk will report the bill by title. facility of the United States Postal facility of the United States Postal

VerDate Sep 11 2014 10:36 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.111 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7898 CONGRESSIONAL RECORD — SENATE December 19, 2018 Service located at 226 West Main Street Reed Hobe Sound National Wildlife Refuge, hurt this year by the President’s trade in Lake City, South Carolina, as the and for other purposes. policies, and they support key allies ‘‘Postmaster Frazier B. Baker Post Of- There being no objection, the com- and national security programs that fice,’’ was ordered to a third reading, mittee was discharged, and the Senate are what enable the United States to was read the third time, and passed. proceeded to consider the bill. be a global leader, a role that is being f Mr. CORNYN. I ask unanimous con- increasingly challenged by China and sent that the bill be considered read a Russia. TO AMEND PUBLIC LAW 115–217 TO third time and passed and that the mo- Unfortunately, this much-needed as- CHANGE THE ADDRESS OF THE tion to reconsider be considered made sistance is put on hold because the POSTAL FACILITY DESIGNATED and laid upon the table. President held out for $5 billion for his BY SUCH PUBLIC LAW IN HONOR The PRESIDING OFFICER. Without wall, at the exorbitant cost of $31 mil- OF SERGEANT FIRST CLASS objection, it is so ordered. lion per mile, straight from the Amer- ALWYN CRENDALL CASHE, AND The bill (S. 3456) was ordered to be ican taxpayer’s pocket. FOR OTHER PURPOSES engrossed for a third reading, was read We also should be passing a disaster The bill (H.R. 7243) to amend Public the third time, and passed, as follows: package to help families and commu- Law 115–217 to change the address of S. 3456 nities devastated by Hurricanes Maria, the postal facility designated by such Be it enacted by the Senate and House of Rep- Florence, and Michael, the Hawaii vol- Public Law in honor of Sergeant First resentatives of the United States of America in canoes, California wildfires, and Alas- Class Alwyn Crendall Cashe, and for Congress assembled, ka earthquakes. We should remember other purposes, was ordered to a third SECTION 1. REDESIGNATION OF THE HOBE that no one in this Chamber is immune reading, was read the third time, and SOUND NATIONAL WILDLIFE REF- from disaster. Seven years ago, Trop- passed. UGE. ical Storm Irene devastated my home (a) REDESIGNATION.—The Hobe Sound Na- f State of Vermont. Marcelle and I ob- tional Wildlife Refuge, located in the State served the wreckage from that storm RECOGNIZING THE 75TH ANNIVER- of Florida, is redesignated as the ‘‘Nathaniel P. Reed Hobe Sound National Wildlife Ref- in Vermont—large parts of commu- SARY OF THE ESTABLISHMENT nities washed away, homes and farms OF THE UNITED STATES CADET uge’’. (b) REFERENCES.—Any reference in any demolished, local landmarks and NURSE CORPS statute, rule, regulation, Executive order, bridges destroyed. Republicans and Mr. CORNYN. Mr. President, I ask publication, map, paper, or other document Democrats in the Senate, from across unanimous consent that the Senate of the United States to the Hobe Sound Na- the country, stood by Vermont’s side proceed to the immediate consider- tional Wildlife Refuge is deemed to refer to then to help us rebuild because that is ation of S. Res 737, submitted earlier the Nathaniel P. Reed Hobe Sound National who we are as Americans. Wildlife Refuge. today. This year, the images of flattened The PRESIDING OFFICER. The f homes, buckled pavement, and raging flames have been matched in horror clerk will report. FUNDING THE GOVERNMENT The senior assistant legislative clerk only by the devastated lives they have read as follows: Mr. LEAHY. Mr. President, today we left in their wake. Florida, North Caro- will pass a third continuing resolution, A resolution (S. Res. 737) recognizing the lina, South Carolina, Alabama, Geor- 75th anniversary of the establishment of the CR, to keep the government operating gia, California, Hawaii, and Alaska, United States Cadet Nurse Corps and ex- through February 8. I support this CR they all need our help, and it is inde- pressing the appreciation of the Senate for because a government shutdown is fensible that, because of the Presi- the contribution of the members of the never good for our country—in fact, it dent’s obsession with one issue, his United States Cadet Nurse Corps during is a terrible idea—but this whole proc- wall, we are punting this disaster fund- World War II. ess has been a missed opportunity. ing until the new year. These commu- There being no objection, the Senate For six of the seven appropriations nities need to know their government proceeded to consider the resolution. bills covered under today’s CR, we have stands behind them in times of crisis. Mr. CORNYN. I further ask that the a clear path forward. These bills—Agri- Why didn’t we get this done? Why resolution be agreed to, that the pre- culture, Commerce-Justice-Science, In- can’t we pass the six bills that are fin- amble be agreed to, and that the mo- terior, Financial Services, Transpor- ished and a disaster package to help tions to reconsider be made and laid tation-Housing and Urban Develop- those communities in need before we upon the table with no intervening ac- ment, and the State-Foreign Oper- adjourn? There is one clear answer to tion or debate. ations bill—could be done by close of that question: President Donald J. The PRESIDING OFFICER. Without business today if there was the will. Trump. He has held all of our good objection, it is so ordered. They are largely finished, are the prod- work, by Democrats and Republicans, The resolution (S. Res. 737) was uct of bipartisan compromise, and pro- hostage over $5 billion for his mis- agreed to. vide the funds necessary to address guided wall along the southern border. The preamble was agreed to. critical needs of the American people It is a travesty. (The resolution, with its preamble, is and to protect U.S. national security. My opposition to his border wall, a printed in today’s RECORD under ‘‘Sub- Unfortunately, the President held wall he over and over pledged to the mitted Resolutions.’’) them hostage for $5 billion to try to American people that Mexico would f wall off our southern border, a wall he pay for, has been clear from the start. promised American taxpayers that The United States is a country founded NATHANIEL P. REED HOBE SOUND Mexico would pay for. by immigrants, and walling ourselves NATIONAL WILDLIFE REFUGE What will be lost because of the off from our neighbors to the south is Mr. CORNYN. Mr. President, I now President’s intransigence? not only impossible and an expensive ask unanimous consent that the Com- These six bills provide much-needed waste of American taxpayer dollars, it mittee on Environment and Public funding to help combat our Nation’s is immoral, ineffective, and an affront Works be discharged from further con- opioid epidemic and critical invest- to everything this country stands for. sideration of S. 3456 and that the Sen- ments in infrastructure to help rebuild Everyone agrees that we need to keep ate proceed to its immediate consider- our Nation’s crumbling roads, bridges, our border safe and secure, but there ation. and highways. They provide resources are better and smarter ways to accom- The PRESIDING OFFICER. Without to protect the environment and help plish that than building a 30-foot high objection, it is so ordered. ensure that the water we drink and the concrete barrier between us and Mex- The clerk will report the bill by title. air we breathe is safe and clean for this ico. The senior assistant legislative clerk generation and the next. Let’s not be fooled by recent White read as follows: They provide important assistance House rhetoric that President Trump A bill (S. 3456) to redesignate Hobe Sound for our Nation’s farmers and rural com- was backing down from his demands on National Wildlife Refuge as the Nathaniel P. munities who have been particularly the wall. The price demanded by the

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.113 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7899 White House for letting the rest of Rachael Taylor, Ryan Hunt, Melissa Zim- Cornyn Johnson Reed these bills advance without $5 billion merman, Alex Keenan, Mark Laisch, Lisa Cortez Masto Jones Risch Bernhardt, Kelly Brown, Catie Finley, Chad Donnelly Kaine Roberts for the wall was a $1 billion slush fund Duckworth King Schulken, Jason McMahon, Tim Rieser, Alex Rounds to fuel the President’s extreme, anti- Durbin Klobuchar Carnes, Kali Farahmand, Dabney Hegg, Schumer immigrant agenda. Why should we give Ernst Kyl Scott Christina Monroe, Nathan Robinson, Robert Feinstein Leahy a blank check to a President who has Shaheen Putnam, Christy Greene, Blair Taylor, Fischer Manchin Shelby Flake Markey shown, time and time again, that he is Jenny Winkler, Hong Nguyen, Clint Smith Gardner McConnell more interested in vilifying immi- Trocchio, George Castro, Mary Collins At- Stabenow Grassley Menendez kinson, Lucas Agnew, Valerie Hutton, Elmer Sullivan grants than he is in solving our immi- Harris Merkley gration problems? His immigration Barnes, Penny Miles, Karin Thames, Carlisle Hassan Murkowski Tester policies have already caused immeas- Clarke, Patrick Carroll, Elizabeth Dent, Car- Hatch Murphy Thune Udall urable human suffering along our los Elias, Dayne Cutrell, Amber Beck, Allen Heinrich Murray Cutler, Matt Womble, Rachel Littleton, Heitkamp Nelson Van Hollen southern border and tarnished our rep- Brian Potts, Mike Clementi, Colleen Gaydos, Hirono Perdue Warner utation around the world. Providing Katy Hagan, Chris Hall, Hanz Heinrichs, Hoeven Peters Warren his administration with an additional Kate Kaufer, Jacqui Russell, Will Todd, Hyde-Smith Portman Wyden $1 billion slush fund to enact this agen- Tyler Owens, Jen Armstrong, Meyer Selig- NAYS—21 da is a nonstarter. man, Molly Marsh, Andrew Newton, Lauren Alexander Graham Sanders The fact is the President’s wall does Comeau, Brian Daner, Courtney Bradford, Collins Kennedy Sasse not have the votes to get through the Adam Telle, Peter Babb, Chris Cook, Cotton Lankford Schatz House or Senate, and he is in no posi- LaShawnda Smith, Marisa Rhode, Christian Cruz Lee Toomey Lee, Leif Fonnesbeck, Emy Lesofski, Nona Daines Moran Whitehouse tion to practice horse-trading of one McCoy, Laura Friedel, Michael Gentile, Ash- Enzi Paul Wicker untenable, unpopular, wasteful policy ley Palmer, Jeff Reczek, Sarah Boliek, Pat- Gillibrand Rubio Young for another, nor will Congress stand by rick Magnuson, Jennifer Bastin, Joanne NOT VOTING—8 and watch the President take funds Hoff, Paul Grove, Jason Wheelock, Adam Burr Heller McCaskill from our men and women in the mili- Yezerski, Clare Doherty, Gus Maples, Rajat Corker Inhofe Tillis tary or their families in order to pay Mathur, Jacob Press, and Jason Woolwine. Crapo Isakson for the wall. This fight will continue Mr. CORNYN. I note the absence of a The motion was agreed to. into the next Congress, but I do not an- quorum. f ticipate those basic facts will change. The PRESIDING OFFICER. The It is long past time for President clerk will call the roll. CHILD PROTECTION IMPROVE- Trump to recognize that we live in a The legislative clerk proceeded to MENTS ACT OF 2017—Continued democracy. We have three coequal call the roll, and the following Sen- VOTE ON MOTION TO CONCUR WITH AN branches of government. Governing ef- ators entered the Chamber and an- AMENDMENT NO. 4163 fectively is not about making threats swered to their names: Mr. MCCONNELL. Mr. President, I and false promises. Campaign slogans [Quorum No. 2] ask unanimous consent that the pend- are no substitute for practical, afford- Cantwell Heinrich Schatz ing motion to refer be withdrawn, able solutions. Carper Heitkamp Scott amendment No. 4164 be withdrawn, and I want to thank Chairman SHELBY for Coons King Smith the Senate vote on the motion to con- his steadfast partnership this year as Cornyn Lankford Tester Gardner Manchin cur with further amendment with no we tried to get the appropriations proc- Warner Graham McConnell Wyden intervening action or debate. ess back on track. I know that he Harris Murkowski The PRESIDING OFFICER. If there shares my disappointment that we Hassan Rounds is no further debate, the question is on were not able to complete our work, The PRESIDING OFFICER (Mr. agreeing to the motion to concur with but I am proud of what we have accom- SCOTT). A quorum is not now present. further amendment. plished this year. By working together Mr. MCCONNELL. Mr. President, I The motion is agreed to. across party lines, we moved all 12 bills move to instruct the Sergeant at Arms The PRESIDING OFFICER. The ma- out of the committee on strong bipar- to request the presence of all absent jority leader. tisan votes. We advanced 9 of the 12 Senators, and I ask for the yeas and Mr. MCCONNELL. For the informa- bills through the Senate, also with nays. tion of all Senators, there are no more strong bipartisan votes, and we were The PRESIDING OFFICER. Is there a rollcall votes tonight. We will still be able to enact 5 of the 12 appropriations sufficient second? in session tomorrow. We have to see bills on time for the first time in dec- There is a sufficient second. what the House does with what we just ades. The clerk will call the roll. sent them. I also thank Chairman SHELBY’S staff Mr. CORNYN. The following Senators and my staff for their hard work, ex- The PRESIDING OFFICER. The Sen- are necessarily absent: the Senator ator from Alaska. pertise, and their commitment to ac- from North Carolina (Mr. BURR), the f complishing our goals this year. Senator from Tennessee (Mr. CORKER), I ask unanimous consent to print a the Senator from Idaho (Mr. CRAPO), PUBLIC LANDS PACKAGE list of the bipartisan committee staff the Senator from Nevada (Mr. HELLER), Ms. MURKOWSKI. Mr. President, on in the RECORD. I look forward to work- the Senator from Oklahoma (Mr. ing with him and his staff, and our col- behalf of Chairman HATCH, I ask unani- INHOFE), the Senator from Georgia (Mr. leagues in the House, in the next Con- mous consent that the Senate proceed ISAKSON), and the Senator from North gress to finish our work. to the immediate consideration of the Carolina (Mr. TILLIS). lands package bill. I further ask unani- There being no objection, the mate- Mr. DURBIN. I announce that the rial was ordered to be printed in the mous consent that the bill be consid- Senator from Missouri (Mrs. MCCAS- RECORD, as follows: ered read a third time and passed and KILL ) is necessarily absent. that the motion to reconsider be con- SENATE COMMITTEE ON APPROPRIATIONS The PRESIDING OFFICER (Mr. STAFF sidered made and laid upon the table. FLAKE). Are there any other Senators The PRESIDING OFFICER (Mr. Charles Kieffer, Chanda Betourney, Jessica in the Chamber desiring to vote? Berry, Jay Tilton, Jean Kwon, Shannon ROUNDS). Is there objection? Hines, Jonathan Graffeo, David Adkins, The result was announced—yeas 71, The Senator from Utah. Dianne Nellor, Adrienne Wojciechowski, Teri nays 21, as follows: Mr. LEE. Mr. President, in reserving Curtin, Bob Ross, Jean Toal Eisen, Jennifer [Rollcall Vote No. 273 Leg.] the right to object, we have a bill here Eskra, Blaise Sheridan, Jordan Stone, Erik YEAS—71 that we received at 10 o’clock this Raven, David Gillies, Brigid Kolish, John Baldwin Booker Cardin Lucio, Andy Vanlandingham, Doug Clapp, morning, and it is 680-pages long. I Barrasso Boozman Carper have spent many hours reviewing it. Chris Hanson, Samantha Nelson, Ellen Mur- Bennet Brown Casey ray, Diana Hamilton, Reeves Hart, Scott Blumenthal Cantwell Cassidy This is a bill that came out of the com- Nance, Chip Walgren, Drenan Dudley, Blunt Capito Coons mittee on which I serve. I have been

VerDate Sep 11 2014 09:45 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.016 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7900 CONGRESSIONAL RECORD — SENATE December 19, 2018 trying for many weeks, through the end of the year. What we have done is will be an opportunity to study every chairman of that committee and her to have provided—and not only to single page that you want because we staff, to get language or to at least get members of the committee—the bills will have an opportunity to vote on an outline of this. We were not able to that we have had an opportunity to that with a thumbs up or a thumbs get that until today at 10 a.m. Even have heard. We have outlined what down in early January when we return. after we got that, we asked for at least that universe is. In fairness to my col- Again, this is something that I wish an outline of this bill or for a summary league and his comment, it was not we had been able to resolve. In fairness, of the bill text from the committee until the very end that we knew ex- I wish that we would have been able to staff, from the chairman’s staff. They actly what was going to fall in based have provided for there to have been a didn’t respond to us. They wouldn’t on the negotiations with our House col- greater opportunity for Members to give it to us, just as they haven’t for leagues and with our colleagues on the have reviewed this before these final weeks. We got this—the closest thing other side of the aisle. hours. In fairness, this is just Wednes- to a summary—from a lobbyist. We had Yet what I would offer up to Mem- day night. We will now continue until to wait to get it from a lobbyist. bers is that this has been an extraor- after the new year. We probably could This is of great impact to my State. dinarily collaborative process in terms have had another couple of days to This bill creates 1.3 million acres of of those priorities that we see rep- have worked on it, but that didn’t work wilderness, about half of which is in resented within this bill. Just on our in our favor, and I regret that. my State. This bill permanently reau- side of the aisle alone, there are some I thank those who have worked dog- thorizes the Land and Water Conserva- 43 Members who either have bills that gedly on both sides to try to come to tion Fund, which is an entity that has they have authored or are the cospon- an agreement so that we could resolve been used to acquire more Federal sors of with regard to matters that are this finally and fully. So many of these land. Now, in coming from a State important to their States and matters issues are so important to people back where two-thirds of the land is owned that are, perhaps, more globally impor- in their counties and their municipali- by the Federal Government—where we tant, like the LWCF, and I understand ties and their boroughs and their can’t do anything without leave from the Senator’s position on the LWCF. States. the Federal Government—this hurts. In We also recognize that there are a We are going to put it on hold for yet coming from a State where we have great number of Members on the Re- another month, but we will be back at had about 2 million acres of Federal publican side and on the Democratic the first of the year, and we will con- land declared as monuments through side who are very supportive of some tinue to address these issues that are Presidential proclamations, this hurts. form of reauthorization of the LWCF. so important when it comes to our pub- I have made what I consider to be a We have a sportsman package in here lic lands, our waters, our conservation very reasonable offer, and I ask that it that many, many of us have been work- priorities, as well as the priorities of be accepted. It involves two words. I ing on. In fact, this is the fourth Con- our sports men and women. want the inclusion of two words in this gress now in which we have tried to ad- The PRESIDING OFFICER. Does the bill—two words. Add the words ‘‘or vance these priorities for many of the Senator modify her request? Utah’’ to some language in the Antiq- sports men and women in the country. Ms. MURKOWSKI. I believe there is uities Act. So we have attempted to work through an objection to the request. I have an amendment that I will some of the issues that my colleague The PRESIDING OFFICER. Is there counteroffer. I will accept this bill and from Utah has raised. an objection to the original request agree to its passage if these two words We have offered to withdraw very sig- from the Senator from Alaska? are added to the Antiquities Act, the nificant legislation that our Presiding Mr. LEE. Yes, I object. words ‘‘or Utah.’’ I ask that my col- Officer himself has offered. That is not The PRESIDING OFFICER. The Sen- leagues accept this. something that I really willingly want- ator from Utah’s objection is heard. The PRESIDING OFFICER. Will the ed to do, but in an effort to try to get The Senator from Utah. Senator so modify the request? a broader lands package that would Mr. LEE. Mr. President, I find it un- The Senator from Alaska. recognize the needs of so many, we fortunate that the addition of two Ms. MURKOWSKI. Mr. President, I made some significant offers. words is somehow unacceptable to the think it is important to recognize that Now, my colleague has asked for two Members of this body—two words. while the text, in fairness to my friend simple words. I happen to believe, as They are two words, by the way, that from Utah, was just laid down this one who comes from a State where we would put Utah in the same category morning, these are bills, these are have said no more to the Antiquities as Alaska and Wyoming. What do those measures, these are matters that have Act without some limitations, I under- States have in common? They both not only been before our committee stand the concerns, and I understand have repeatedly been victims of the but have been before the subcommittee the effort that he has made repeatedly. Antiquities Act. on which the Senator is the chairman, I also understand that the politics on You see, in every single State from and he has had an opportunity to have this side of the aisle and in the other Colorado to the west of Colorado, the heard many of those public lands bills. body are such that it was not an ac- Federal Government owns at least 15 This was a very highly negotiated ceptable offer or an acceptable amend- percent of the land. In many of those process by the four corners—not only ment. States, it is much more than 15 percent by Senator CANTWELL and me on this So we are where we are now, and I of the land. In my State, it is two- side but by our colleagues on the House come before you to make the offer to thirds of the land—about 67 percent. side—to see what could be put together allow us an opportunity to vote on this What that means is that we have to get by way of a package, in terms of the lands package, to move it over to the permission from the Federal Govern- contours of that package. House, and to finish this off. I under- ment to do just about everything. Colleagues will remember that stand that we do not have that con- What that also means is that our around this body, unfortunately, when sent. What we have come to this schools are underfunded—everything it comes to public lands matters, many evening is a recognition that there is a from fire, search, rescue, education, of these are very, very parochial in na- desire amongst Members in this body local governance. All of these budgets ture. Whether it is a conveyance that to see this package through. The leader are underfunded as a result of the fact allows for a water utility to be able to has committed and the minority leader that most of the land is owned by the proceed or whether it is a conveyance has committed that when we return in Federal Government. We can’t tax that that will allow for a school to have a January, this will be—if not the first land. We receive pennies on the dollar facility there, it is pretty parochial. order of business—a matter that will be for a program called payment in lieu of These don’t come to the floor for de- before this body within the first couple taxes. It is pennies on the dollar be- bate and passage. of weeks. We will turn to it, and it will cause most of our land is not ours. Typically and traditionally, what be a package that we will not have Most of our land cannot be developed happens is—and it might not be a per- begun all over, but it will be something privately. Most of our land cannot be fect process—we bundle them up at the that Members can look to tonight. This taxed by the States and localities,

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.123 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7901 which makes it harder for us to edu- ownership and suggest—as if we are I can’t get into anyone else’s head. I cate our children, for us to secure our going to put oil drilling rigs under- can’t peer into anyone else’s subjective streets, for us to put out fires—fires, by neath Delicate Arch and other national intentions. But this makes me kind of the way, that become far more severe treasures. That is not what we are nervous, the fact that, yes, I sit on the because of extensive Federal land- talking about at all. I am talking committee from whence this bill origi- ownership, which is plainly excessive, about garden variety, Federal public nated, and, yes, I chair the Public which is plainly unfair, which kills land—land that is excessively re- Lands Subcommittee, yet there are a people and results in devastating losses stricted and that is environmentally whole lot of these that the chairman or not only to property but also to the degraded as a result of poor Federal the ranking member know darn well health of the environment. land management policies. Why? Well, that I oppose, that I voted against in Bad Federal land management policy because these decisions are made by committee, and there are other provi- is at the root of this. Do you know Federal landing managers who live and sions that they know I have had long- what is interesting? People like to talk work and make decisions many hun- standing concerns with. I wonder if a lot about these wildfires. A lot of dreds and in many cases many thou- maybe, just maybe, that is part of the them occur in the West. Why? Well, sands of miles from those most affected reason they wouldn’t tell me what was there is a lot of Federal public land in by those decisions. in it. the West. Yes, there are parts of the How, then, does this relate to the An- I understand it is difficult negoti- country where they have forests where tiquities Act? Well, a State like mine ating a big piece of legislation. I sym- these things don’t happen, and when that has a lot of Federal public land, pathize greatly with that. I am not they do, they are put out much faster like Alaska and Wyoming do, is par- suggesting that short of receiving the in things called private forests. Pri- ticularly, uniquely vulnerable to pred- entire 680-page document exactly as it vately owned forests and forests owned atory practices under the Antiquities has been submitted, I would irrev- by many States are much less prone to Act, allowing the President of the ocably have bound myself to voting wildfires, and when they do occur, they United States, under a law passed over against it. I am not suggesting that at put them out more quickly. Why? Be- a century ago, to utilize his discretion all. It would have been nice to have a cause they are not hobbled under a to set aside land as a national monu- roadmap, to have some clue as to what mountain of regulations that makes it ment. It is already Federal; this is put- might have been in there. And I know almost impossible for us to prevent ting it into a new classification—a from conversations I have since had them and then from putting them out classification subject to even more re- with Members today that they have quickly. This is devastating to our strictions, eligible for even less devel- known for weeks, if not months, that States. It is a burden on our States and opment, less human activity, less ac- they were putting permanent LWCF recess for recreational or agricultural or on our State in particular. authorization in this bill. Many of you, if you live east of the religious or cultural purposes. When I don’t believe it was a coincidence Rocky Mountains, come from lands you put it in that category, it makes it that I wasn’t informed of this. I don’t where Federal public lands are almost even more difficult for those people believe it was a coincidence that even unheard of, where they are rare, where surrounding it, those people living in after this bill was released at 10 a.m. you have private land left and right. A and around the Federal public lands in today, the staff of the committee re- lot of those same States used to be question. fused even to give me an outline—an So Utah, like Wyoming and Alaska, mostly Federal. A State like Illinois outline—of what was in the bill, even has had a whole lot of Presidents de- used to be overwhelmingly Federal. after they had filed it. We had to get clare a whole lot of Federal public Many, if not most, of the States have this from a lobbyist. land, national monument land. This is wrong. It is wrong that the added, since the Louisiana Purchase, Now, fortunately for the States of State of Utah is treated the way it is. language in their enabling legislation, Alaska and Wyoming, they have had It is wrong that you wouldn’t give us anticipating that, in time, Federal pub- congressional delegations that in the that language. It is wrong that you lic land within a State’s boundaries past have said, no more, have de- won’t treat us the same way Alaska would be sold and that in the case of manded relief, and have said that they and Wyoming are treated. my State and that of many other have had enough. In the case of a State This is wrong. We can do better. I im- States, a percentage of the proceeds like mine that has had a couple of mil- plore my colleagues to make this sim- from the sale of that land would be put lion acres, roughly, of Federal public ple change. Two words. Two words. Add into a trust fund for the benefit of the land declared monument by a Presi- the words ‘‘for Utah’’ to this bill, and I States’ public education systems. dential proclamation, this is impor- will wholeheartedly support it. If not, I Those promises were honored in the tant. If it is good enough for Alaska, if will continue to oppose it. Dakotas and in States like Indiana and it is good enough for Wyoming, why Thank you. Illinois. They were honored as we ex- not extend the same courtesy to the The PRESIDING OFFICER. The Sen- panded westward. For some reason, State of Utah? ator from Colorado. when we got to the Rocky Mountains, Why, when a bill is 680 pages long— Mr. GARDNER. Mr. President, as my they stopped honoring them. There are which I received at 10 a.m. today, on colleague from Utah knows, we offered a lot of reasons for this. Some of it has what may well be the last or penul- the chance to vote on those two words to do with what we were occupied with timate day of this legislative session of tonight. The two words that he is ask- doing as a country at the time. Some this Congress—why are we receiving ing for tonight we offered a chance to of it has to do with the fact that our this just now, especially in the Senate vote on. land is what was regarded as rugged during a term of Congress when it was Mr. LEE. Will the Senator yield? and perhaps undesirable for a time. But originally believed that we might be Mr. GARDNER. Let me talk about the understanding was still there, just adjourning by December 6 or 7 or 13 or this because I am pretty doggone upset as it was the understanding in the Da- 14? because the people of Colorado to- kotas and in States like Indiana and Il- Here it is on December 19—my daugh- night—who are worried about whether linois. ter’s 18th birthday, by the way; happy they can protect themselves from fire— The effects are still there. We are birthday, Eliza—December 19, and we lost the Wildfire Technology Act in still impoverished. Our ability to ex- are just getting this bill for the first this bill. That was in this bill—a bill pand economically is impaired, and the time today. What does that mean? that our committee heard, that our health of our environment is signifi- If we had adjourned when we were committee voted on, that it voted on cantly degraded as a result of this ex- originally thinking we might adjourn, with bipartisan support, probably cessive, unnecessary Federal land- would this never have happened? It has unanimously. That was in this bill to ownership. been suggested to us by some Members protect our communities from wildfire Now, make no mistake—I am not and some staff that had we adjourned and to protect our firefighters from in- talking here about national parks. Peo- earlier, this would have just been re- jury—in this bill. ple like to caricature those who com- leased perhaps on the last day of the The other thing in this bill is plain about excessive Federal land- session. Minturn, CO, which has a water system

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.124 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7902 CONGRESSIONAL RECORD — SENATE December 19, 2018 over a wilderness area and which for offer after offer to get something vote—and it is really not equivalent at years has been trying to fix it. They agreed to. all. What he is saying is, split this out; can’t because it is in a wilderness area. I have great respect for my colleague everything else sinks or swims to- So we have to have an act of Congress from Utah. We are a public lands State gether. All of theirs pass, and ours to allow the city to fix their water sys- too. Yes, our agencies need to make stands alone. If we are going to consoli- tem. Rejected tonight because we better decisions about how they con- date this many bills at once—and he is weren’t allowed to vote on it tonight. serve that public land. The people of right: Some of these passed out unani- Mr. LEE. Do the people of Colorado Colorado have great support for the mously, and a bunch of them didn’t. I care that you were— Land and Water Conservation Fund. voted against a number of them. Some Mr. GARDNER. And you bet the per- Great support. They would like to see of them are new. Some are old but have manent Land and Water Conservation it made permanent. I would like to see been modified. One provision involving Fund is in here tonight because, guess it made permanent. My guess is, next my own State involved 450,000 or 500,000 what, it has the majority support of year, it will be made permanent. acres of wilderness and has, since it this body. If we had a vote on it to- Why can’t we have a vote tonight? moved through the committee, been night, it would have passed. Repub- Why can’t we have people who don’t modified to include an additional licans and Democrats would have voted like it vote no and people who do like 200,000 acres of wilderness. That is from yes. It would have passed. it vote yes? There is plenty of oppor- my State, and I sit on the committee, Not only that, we have boundary ad- tunity to do that tonight. and I chair the subcommittee that is justments in here because people died, The people of Colorado expect this supposed to review these things, and and they wanted to give it to the na- place to get its work done. The bills we this is the first I have seen of them. tional monument. That is not con- have had have been through, nego- So, yes, I say to my distinguished troversial. Somebody wanted to do the tiated in the House and Senate, many friend and colleague, for whom I also right thing, and doggone it, we can’t out of the committee with bipartisan have great respect and admiration and even vote on it here. support, if not unanimous. I guess the affection, yes, there are a lot of paro- I give compliments to the chairman folks in Minturn will just have to wait chial matters that are addressed in of the Energy and Natural Resources one more Congress to get their water these public lands bills, and appro- Committee who struck a deal. Yes, it system fixed because this body couldn’t priately so. What I am asking is for my was yesterday. We got the bill as fast agree to allow a vote. We wonder why State to be treated like your State. as we could. And so many of these dog- people are sick of this place. It is be- That is all I am asking. It is not unrea- gone pieces of legislation we have al- cause of that. sonable. It is not unfair. ready heard. We had committee hear- I yield the floor. So if you are going to have 640 pages’ The PRESIDING OFFICER. The Sen- ings on them, and we voted them out worth of legislation, including some ator from Utah. unanimously. Bipartisan support. We legislation that has some significant Mr. LEE. Mr. President, all I am ask- ramifications for my State, I ask you offered deal after deal after deal to try ing is for the language that I have to get a deal arranged and made so to put those two words into the bill. asked for—two words, the words ‘‘for That is not unreasonable. that we could have a vote tonight. Utah’’—to be added to this legislation. Go tell the people of Minturn, CO, I yield the floor. I am asking to be treated on equal The PRESIDING OFFICER. The Sen- that they don’t have a water system footing as the language proposed by ator from Washington. that they can fix because Congress has the Senator from Colorado, the Sen- Ms. CANTWELL. Mr. President, I decided we are not going to allow that ator from Alaska, the Senator from come first and foremost tonight to to come to a vote. Sportsmen back Washington, the Senator from Mon- thank the staff who worked so hard on home—tell them we are not going to tana, and others—equal footing. this package—and I mean not just over have a sportsmen’s package because we We have equal representation in the the last few weeks but for literally decided not to bring a bipartisan bill to Senate. It is the one type of constitu- years—to try to get to an agreement on the floor for a vote. tional amendment that is preemptively something we could vote on. When we come back to this body next unconstitutional. You can’t modify the It is not a surprise to the Senate that year, we have an agreement—I believe equal representation of the Senate. it is December and people are voting on that is correct; and I will defer to the That is what makes this place unique. a lands package. My colleague from chairman of the Energy and Natural Each State is represented equally, and Colorado outlined it very well. When Resources Committee—that this will I will defend my State, the State of you have these bills that deal with be one of the first actions this Chamber Utah, to my dying breath. As long as I water, that deal with public lands, that addresses. When that happens, there am here breathing and holding an elec- deal with giving Federal land back to will be a chance to file cloture, there tion certificate, I will defend it. communities so they can improve their will be a chance for open debate, and My distinguished friend and col- communities, and yet designating some we will have that vote. We will have it league, for whom I have great affection special places so they can be preserved next year. There will be different lead- and respect, has just pointed out that for the public, yes, not all of your col- ership in the Senate, so different nego- the people of Colorado might be dis- leagues care about the details of that, tiations will have to take place, but I appointed about this water measure and you are never going to get the have no doubt that we will get this that was in there or this or that other leader, who is in control of the Senate, done. provision for Colorado. Do they have to give you floor time on that bill. It is frustrating to me that some of reason to be concerned? You bet. Do So every December, we are here with these bills have languished for year those people in Colorado have objec- a lands package to be considered, and after year after year after year that re- tion to the idea that Utah might be it is a package that has a lot of input ceived unanimous support out of com- treated equally with Alaska or Wyo- from a lot of people, negotiated, in this mittee. ming? I think not. I think most people case, with the House and the Senate, I remember coming to this floor a in America would look at a State that with Democrats and Republicans—a year ago offering a unanimous consent has had a couple of million acres of four-corner negotiation. agreement. It was objected to because monument declared and that just The missed opportunity tonight, as somebody didn’t get what they wanted, wants to be treated the same way as my colleague from Colorado said, is somebody else didn’t get what they Alaska and Wyoming and say that is that we don’t get to vote on it. My col- wanted, and somebody else didn’t get not unreasonable. league from Utah is not being correct what they wanted, so everything was This is a sovereign State, one that in that he was offered a chance to have objected to. It created a whole domino has been mistreated by Federal land that vote. He was offered a chance to effect, so they said just wait for the managers. We don’t want to continue have this bill brought up and to have lands package. doing that. This is a generous offer. It his ideas voted on. He knew he was So here we are waiting for the lands is a reasonable offer. going to lose, and he knows he is going package. We had a chance to do it. And As to the suggestion that because it to lose in January, but he wants to in- we tried and tried and tried to make was offered that this receive a separate sist tonight on prevailing. I am not

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Everybody has known that this So I get that these solutions may getting the resources they need? is the time, and these are the packages take a few pages to print out and for Trust me, communities like Yakima, and these are the proposals. people to read, but they are important WA, want answers to the challenges of To my colleague from Utah, I get it. public policies that need to have this changing conditions that impact water He is not necessarily in agreement body’s attention, and you are doing and the fact that fish and farmers and with some of his own delegation who nothing but shortchanging the public Tribes and environmentalists all have pushed things for Utah that are in this debate if you will not even allow the to get together to solve those prob- package. I get it. He has a different bill to come to the floor for that de- lems. So they worked for years on com- philosophy about what should happen. bate. ing up with a solution collectively at I guarantee you that Utah is going to We are always, always going to get the local community and then put that have a lot more debates about what it sidelined as individual bills, not being before the U.S. Senate for a hearing wants to see for its future, and I think important enough to take up the time and for consideration, and that pro- that is ultimately healthy. I can just of the Senate. It is only collectively, in posal passed the U.S. Senate, I think, answer for my State, which has three a bundle like we saw tonight, that they in an 85-to-12 vote 2 years ago, as did National Parks and generates millions can be considered. But I guarantee permanent reauthorization of the Land of dollars from them. I can just answer you—I guarantee you—that they are and Water Conservation Fund, 2 years for my State, which thinks that the not going to grow into a package that ago, which passed the U.S. Senate. outdoor economy is the No. 1 reason we becomes less important with time. So if my colleague from Utah is attract and keep high-skilled and unbe- They are just not. They are just not. imagining that somehow the Land and lievable manufacturing jobs in the Pa- They are going to continue to be am- Water Conservation Fund being made cific Northwest. Why? Because busi- plified as important public policies, permanent is not going to pass the U.S. nesses want to locate there because where a local government—a county or Senate, he is just dreaming of some- their workers want to have access to a city—and the Forest Service and thing that is really going to take place that. My State knows that the outdoor BLM and a school district and a com- and become reality in the very near fu- economy—because it has companies munity are going to have to work to- ture. But what you have done tonight like REI—is over $800 billion of annual gether. They are going to have to work is made it a lot harder for us to make economy. So, yes, when you invest in together. They are going to have to sure that we are moving ahead. public lands, you get more access for work together on water, on fire, on This legislation that he refused to hunters and fishers and people who public access, on conveyance, on how allow us to vote on tonight also in- want to go and enjoy and recreate, and we are going to preserve open space, on cludes important—I would say one for our veterans. So guess what. It is a how we are going to recreate. It is thing. The one thing that maybe you great economic development tool. going to be demanded. could say hasn’t had constant, con- The notion that a State that has pub- I know my colleague from Utah stant attention over 2 years but cer- lic lands doesn’t have economic oppor- doesn’t agree with all these philoso- tainly has grown in importance is new tunity is not telling the whole story. phies, but I guarantee you that there technology to help our firefighters We all get it. We all represent counties are lots of people in Utah who would fight fires, locate where the fire is hap- that have nothing but an outdoor econ- have loved to have a vote tonight to pening, and GPS systems to help make omy or public land, and then they want see how those issues would have played people more safe. That was in this to know how to build a school or a fire out. package and probably, yes, has gotten station or keep the lights on for basic I just want to thank staff. They have enhanced a great deal over the last 6 services. We get that complexity too. worked night and day, literally—lit- months as we have seen the tragic, dev- But our colleagues did consider these erally for months, if not years—on astating impacts of fires throughout ideas, and our colleagues did consider these policies. They have worked so the West. So, yes, that was in here and the notion that there are diverse opin- hard to try to find the common good it was part of consideration, and, yes, ions. It is just that, at the end of the and a place to move forward, and I so there was legislative action. Ninety day, you have to have a vote. You have appreciate that our leaders are now percent of this package either saw leg- to be able to come here to the Senate committing to us to help move this for- islation passed by the House of Rep- on this subject—that is, lands pack- ward in January. We are definitely resentatives or passed by the Senate— ages—and have a process. going to take them up on it. Even legislation that basically passed out of Listen, if my colleagues who care so though it will be a new Congress and a either a Senate committee or a House much about this want to create a new new House of Representatives, we are committee. norm in the Senate that the first week going to take it up, and I am sure that So it is not like these ideas came out of December will be the deadline for all our colleagues, Congressman GRIJALVA of nowhere. They are, as my colleague lands packages, and then by the end of and Congressman BISHOP, will be there from Colorado said best, parochial that session we will have lands pack- to work with us. issues that we find very hard to get the ages always considered in the Senate, I There will never be an easy day to rest of our colleagues to ever want to am all for it. I am all for that right vote on public lands—never. It is just pay attention to the details. now, because I see devastation hap- never going to happen. So we had bet- So this has been the tried and true pening on water writ large. I see unbe- ter own up to the responsibility and fashion by which the Senate has passed lievable problems happening through- get the commitment to these cities and land packages, as long as I have been out the West just on water. communities that need us to help them here, for 18 years. That is what you do Now, you can say we are going to do hold Federal Agencies accountable, to in December. You pass a lands package. nothing and we are just going to let make the investments our constituents I wish it were different. the courts and the lawsuits and every- want to see, and to solve these prob- My colleague from Colorado made a thing play out. But guess what. That is lems so our communities can continue good suggestion about 7 or 8 months where we were on fire, until what hap- to grow and thrive. ago: Why don’t we do some right now? pened? Until the Senators from Mon- I believe these people are bubbling up Thanks to his initiative, we actually tana and the Senators from Idaho and some of the best ideas on how to move bundled together 15 or 20. But he was the Senators from Oregon and the Sen- forward. That is what they did in var- right. Guess what. Everybody said: ators from Washington all got together ious parts of the West. Whether that Where is mine? Where is my package? on a fire bill and we said: This is what was in Montana with what to do at Yel- Where is this? I am not going to let we think would be great for the West lowstone, or whether that was in Alas- you do this, and we were in the same to do to move forward. That is what we ka with what to do with the Native boat. So the best answer to all of that were trying to do tonight on water, on issue, or Yakima on what to do with is that in December we will do a lands other fire measures, and on public water, they are bubbling up the ideas. package. lands, and helping veterans and Native At least what we can do is give them

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.128 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7904 CONGRESSIONAL RECORD — SENATE December 19, 2018 the courtesy of having a vote so that ground back in our respective States— collaboratives to come together to put they can be considered. and come together to put together a together a bill that we then bring to I thank the President. I yield the lands package and ask for a simple up- Congress. We move it through commit- floor. or-down vote tonight in the Senate. tees. We have hours of hearings. Lit- The PRESIDING OFFICER. The Sen- I am very confident that had we had erally, there are probably 100 years of ator from Alaska. the opportunity to have voted here to- effort at least that have gone into this Ms. MURKOWSKI. Mr. President, I night, you would have seen this lands legislation tonight that we were not know my colleague from Montana package pass the Senate by at least a able to have an up-or-down vote on. wishes to speak, But before the Sen- 2-to-1 margin. It would have gone to Wildfire Technology Modernization, ator from Washington departs, I also the House, and it would have passed. It the Yellowstone Gateway Protection want to acknowledge the good work of would have gone to President Trump’s Act—those are important to me in both of our staffs—and not just our desk, and I am confident he would have Montana. I will tell you what. The peo- staffs, but working with our colleagues signed it. ple who are closest to the lands ought on the House side and with so many We have been fighting for permanent to have the loudest voice, and I can tell Members. reauthorization of the Land and Water you, the people in Paradise Valley, When you are going through the vol- Conservation Fund because of what south of Livingston, MT, don’t want to ume that we are talking about—some happened right here tonight—the un- see a large money operation near 114 different bills on the House side and certainty of this institution, where 98 Chico, MT. It is time to withdraw the the Senate side—it is extraordinarily Senators can say ‘‘Let’s move ahead rights there and allow that backdoor to tedious and difficult work, and I think for a vote’’; 2 Senators say no, and we Yellowstone National Park to be pro- we owe them all a great deal of thanks. weren’t able to have a vote tonight. tected in perpetuity. That was part of But I also want to rise and thank Sen- It is OK to oppose legislation. That is this land package tonight. ator CANTWELL, because in this next the American process—for each of us to If you take a look at the Sportsmen’s Congress she will be moving to another come down here and express our respec- Access to Federal Lands, one of the position as ranking member and I will tive opinions. Some will say yes; some issues that sets our Nation apart is our not be working side-by-side with her as will say no. What we were asking for public lands. I tell you what, if you go we have. here tonight is to have that debate on to Europe, you don’t see public lands. I think it is important to note that the floor. Let’s have that vote on the If you go virtually anywhere else in the on the difficult things that came before floor, and let the Senators respectively world, you don’t see public lands. It is us, we didn’t always start off in agree- speak on behalf of the people who sent a unique American experience that a ment, but we slogged through it and them here in the first place to rep- mom and dad in Montana, a grandma our teams stuck with it and slogged resent their interests. and grandpa, an aunt and uncle can through it, and we got to where we are The Land and Water Conservation still go down to Walmart and buy an tonight. While it is not a good ending Fund—the reason we need to perma- elk tag and jump in the pickup, and from my view, in that we weren’t able nently reauthorize it is that tonight within 20 to 30 minutes be in elk coun- to provide these counties, these com- you could see that we didn’t get it try on public lands. That was part of munities, these people that have done. In fact, it expired on September the Sportsmen’s Access package. worked so hard the satisfaction they 30, and here we are, halfway through We had the Open Book on Equal Ac- are seeking, the commitment to con- December, and we still do not have the cess to Justice Act. In fact, it is some- tinue this until we are done is real, it reauthorization of LWCF. That is why thing that Senator BARRASSO put in is in place, it is intact, and it was we need to make it permanent; you place here to ensure we have trans- agreed to tonight, and we are going to can’t depend on this institution. parency in the way these funds are be moving forward in the first few So often, for the transaction required spent. weeks of January. back in our home States, where we use There is the Migratory Bird Frame- I want to thank Senator CANTWELL LWCF funds to access our public lands work and Hunting Opportunities for for the working relationship we have with a checkerboard-nature ownership Veterans Act in here. had over these past couple of years structure of many, many places out My point is there are over 100 bills in moving through important matters for West, it takes years to put together here with a lot of careful thought, a lot your State, for my State, and really for these deals—private landowners, the of consideration moving through com- the good of the country when it comes State, the Federal Government coming mittees. All we wanted to do tonight is to energy. So I just appreciate your together. When the Federal Govern- have an up-or-down vote. We didn’t get courtesies and our opportunity to work ment—the U.S. Congress—can’t get its it. together and that of our staffs. job done, it creates uncertainty. Con- I am grateful that we had a good bi- Ms. CANTWELL. Mr. President, I sequently, who loses when there is un- partisan spirit here tonight, that we just want to thank the Senator from certainty? The American people lose. were working with leadership in both Alaska for her great work and working That is why we need to permanently parties here in the Senate, both parties in such a collaborative way. I am cer- reauthorize it. It actually creates more in the House, including the future lead- tainly not leaving the Energy Com- certainty in taking care of a lot of ership in the House. We are going to mittee and certainly not going to back these complex land issues out West, bring this bill back to the floor of the away from any of these big issues, but and it saves taxpayers’ dollars. U.S. Senate in January. We are going certainly, as she said, I will not be By the way, as Senator BURR has said to move this through. We are going to working as closely as the ranking over and over again, LWCF doesn’t cost move it to the House. We are going to member with her as chair. But I am the taxpayer anything. It doesn’t cost fight to get this thing on the Presi- certainly and definitely going to con- the taxpayer anything. dent’s desk and signed as one of the tinue to work in a collaborative way. That was in this bill tonight to per- early acts of Congress in 2019. So I thank her for her kind com- manently reauthorize it. It didn’t get It didn’t end well tonight with this ments and look forward to what we can done. package, but we are going to start do in the new year. As you read through the titles of strong in January. We are not giving The PRESIDING OFFICER. The Sen- these various bills, you hear the sto- up the fight. ator from Montana. ries. There may be what looks like one I want to thank the staff and the Mr. DAINES. Mr. President, I want little line item here in section 1009, S. committee leadership on both sides for to share some comments on what we 1219. There is some little obscure title helping us get to this point tonight. saw happen here tonight as it relates that a guy from Montana has no idea Merry Christmas and Happy New to the public lands package. We saw a what is going on in Louisiana or Ten- Year. We will be back in January, glimpse here tonight of, on the one nessee or Alaska or Colorado, but I fighting. hand, how this institution can really know back in those respective commu- I yield the floor. come together—years of bipartisan nities, there is a lot of hard work The PRESIDING OFFICER (Mr. work, years of collaboration on the bringing people together, GARDNER). The Senator from Kansas.

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.128 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7905 GOVERNMENT FUNDING the authority for appropriating money day’s dollars are fine next week; they Mr. MORAN. Mr. President, a little to fund the Federal Government to this are fine the next week; they are fine earlier in the evening, we cast a vote, Congress. We abdicate our responsibil- the next month. We were so close to one that was done without a rollcall, ities, and we reduce the opportunity on coming together this year, and it is and I want my constituents to know behalf of our constituents—for me, on disappointing that the end result is how I voted because, while I will put a behalf of Kansans—to make certain now a continuing resolution until Feb- statement in the RECORD, it will not that the things they think are impor- ruary 8. appear as yeas and nays. tant are the things we fund, the things I want my constituents to know that Earlier this evening we passed a con- that are constitutional are the things we have done this too many times. Yes, tinuing resolution, and I voted no. I we fund, and we lose the opportunity to there may be a time in which we want want my constituents to know how I tell an Agency by using the power of to have just a few days to resolve the voted, and I want them to know why. the purse string that when you pursue final differences. A few days is not Feb- I indicated to my colleagues within this regulation, when you pursue this ruary 8; a few days is not now, for the the last 10 days that I intend to vote no policy, when you make the decision third time. What we needed to decide on a CR because it is not the way we you make—Congress isn’t going to months ago, we pursued weeks later. should be conducting business in the have the leverage on you to convince What we should have decided weeks U.S. Senate or in the U.S. House of you to change your behavior. We lose later, we failed to address a week ago. Representatives. the relationship that exists under the Tonight, we failed once again to ad- Continuing resolutions mean that we Constitution for us to have power over dress the issues of the proper amount are just postponing the issues we face those Departments and Agencies in the of funding. Twelve appropriation bills today, and they don’t get any easier executive branch. should march their way across the U.S. the longer we wait to resolve them. Common sense tells us that if we de- Senate floor, should march their way They also mean that for the appro- termine how much money an Agency across the House of Representatives priations process, of which I am a part or Department receives, they are going floor, and should be sent to a President and have spent a significant amount of to be much more interested in what we for his or her signature or his or her time this year, while we were success- have to say, and if they don’t listen to veto. ful in many, many ways, we have left us, we have the ability to remove the The process that was exhibited this seven bills without resolution. Because money, to eliminate the funding. evening failed to allow me to have my we couldn’t resolve them, we are going So tonight, in my view—and I believe vote recorded as it normally is, and it to fund those Departments and Agen- this strongly—we missed an oppor- is important for me, for Kansans, and cies at the same level of spending next tunity. We have been in this process for for Americans to know that I oppose year as this year. a long time now. We set out with the the way we are doing business tonight. What that means is after the number goal of passing all 12 appropriations It needs to change. We have said it be- of hearings we had—the witnesses who bills individually. The Appropriations fore, and if we always say that we can were brought in and testified, the over- Committee has done that. But they wait another 2 weeks, we can wait an- sight we have done onsite at Depart- were not all brought to the Senate other 3 weeks, we will never get back ments and Agencies and facilities floor. In fact, for the bills we are talk- to doing the work we are hired to do by across the country—we are left without ing about tonight, a continuing resolu- the American people. that input being included in decisions. tion was passed for them several I have voted no. It is the right vote. It means we are not prioritizing what months ago, taking us to December 8. Ms. CANTWELL. I suggest the ab- At this point in time on December 8, spending is important. sence of a quorum. we continued them until this Friday, There may be a few things around The PRESIDING OFFICER. The and now, tonight, we have continued here that could utilize additional re- clerk will call the roll. the continuing resolution with the sources. Maybe the resources level that The senior assistant legislative clerk same funding in the future as last— we fund things at today is what it proceeded to call the roll. now for the third time in 2 months—to should be. Maybe there are things we Mr. DAINES. Mr. President, I ask February 8. We are not doing what we shouldn’t fund at all, and there are cer- unanimous consent that the order for are supposed to do, and in this process, tainly some things which we could fund the quorum call be rescinded. in my view, the opportunity existed. The PRESIDING OFFICER. Without at lower levels. But no, we are not We were very close to reaching an objection, it is so ordered. going to say that this is more impor- agreement. President Trump has f tant than this; we are going to say all strong feelings about border security. things are equal. The way we have President Trump was willing to work MORNING BUSINESS funded appropriations last year for with Congress to find a solution. Some- Mr. DAINES. Mr. President, I ask these Agencies and Departments is ex- where along the line—and there are unanimous consent that the Senate actly the right amount it should be lots of folks who want to say where the proceed to a period of morning busi- into the future. blame lies—maybe it was with Speak- ness, with Senators permitted to speak Unfortunately, we have done CRs er-elect Pelosi; maybe she just is unfor up to 10 minutes each. long enough that we are not just talk- willing to allow anything but a con- The PRESIDING OFFICER. Without ing about, is it right? What was right tinuing resolution to pass. But the objection, it is so ordered. for last year is the same amount that amount of dollars we were apart is so f it should be for the next several minimal, and the policy issues had REMEMBERING JOHN JOSEPH months. It goes back years. So what we been resolved. Yet, for some reason, we CASSIDY are saying is that the decisions we walked away. If she is the Speaker- made years ago are the same priorities elect of the House, I urge her to deal Mr. HATCH. Mr. President, what can we would have today. That is not true. with this issue of appropriations. It is you say about a dear friend who has Perhaps more compelling to me is the power of Congress. Republicans and passed away? That he was brilliant? that every time we pass a CR, we lose Democrats ought to work together to And supremely accomplished? That he the opportunity to utilize the power of fill our constitutional responsibilities. loved family and church? And the law? the purse string to rein in the behavior Where are the days in which the Con- And people from all walks of life? and actions of those who work in those gress—Republicans and Democrats, To say these things does not nearly Bureaus, Departments, and Agencies. If House and Senate—exhibited their pre- capture the full measure of the man, Congress is always going to give a Fed- rogatives, not because we want power the much-beloved lawyer John Cassidy, eral Agency the same amount of money but because the Constitution gives us a wonderful and humble person who in the future as it gave in the past, the authority—the responsibility, in rose to the top of his field, who advised there is no reason for those Agencies to fact—to make decisions about spend- Washington dignitaries from Presi- pay attention to the U.S. Congress, to ing? dents on down, indeed so many in this the House and the Senate, to article I There is no glory in making a deci- body; a man who was friends to celeb- of the U.S. Constitution, which gives sion on spending when we say that to- rities, business leaders, and politicians

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.131 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7906 CONGRESSIONAL RECORD — SENATE December 19, 2018 alike, to busboys, cabbies, and store Indeed, conversations with Cassidy are missing too many of his kind of clerks as well; a man who lived life to were not ripped from a ‘‘Law & Order’’ people these days . . . and not only in the fullest and yet always had a kind marathon, a rapid-fire back and forth the legal profession.’’ word for whomever he encountered in of case citations. Conversations with There are so many fond memories I the wide, wide world he so loved to ex- Cassidy were a meandering path, filled have of life with Cassidy. Indeed, my plore. with history, commentary, a few rec- relationship with him started over a We lost our friend John Cassidy on ipes, jokes, and, yes, gardening tips. legal matter, but we quickly became October 21. While some might be Conversations with Cassidy were an ex- friends, and that was true for so many tempted to say at 88 years John lived a perience to be savored and long remem- of my colleagues who sought John’s ca- long life—his incredible vigor, his bered. pable legal advice to save us from de- youthful enthusiasm, his passion for In 1965, Cassidy left Justice, forming mise. life, his ready smile, and the twinkle in the Miller, Cassidy, Larroca & Lewin I remember how John would inter- his eye—all underscore how the world law firm with several of his former col- rupt tense negotiations with a quick was robbed by the sudden death of John leagues. Bill France, Sr., the founder of quip or story that changed the room’s Cassidy. NASCAR, a major target of Hoffa’s ef- dynamic and helped bring resolution to And so I wish to pay tribute to John forts, became one of the firm’s anchor the matter at hand. I remember how he Joseph Cassidy, a writer and painter, a clients, a relationship that lasted for would bring to restaurants his famous gardener and chef, a legal scholar and decades. Miller, Cassidy, Larroca & jams from his carefully tended Berry mentor to decades of young students, Lewin became a go-to law firm for pub- Farm in Potomac. At Ristorante and most of all, a devout family man lic officials and business leaders under Tosca, he was often seen bringing his whose definition of ‘‘family’’ embraced investigation for criminal offenses, a homemade caramels or preserves into so many beyond his cherished wife cadre that multiplied during the Wa- the kitchen, insisting the chef and staff Cynthia, his daughters Susan Ross Cas- tergate prosecutions and under the partake of his food long before he ever sidy of Newton, MA, Carrie Elizabeth Independent Counsel Act that followed. ordered his meal. Goertz of Anchorage, AK, and Alice Miller Cassidy went on to represent a I remember Cassidy’s love of golf led Madeline Meyre of Richmond, VA, and President, two former Attorneys Gen- him to significant charitable work his six grandchildren John, Ned, Jen- eral, numerous Senators and Rep- with the Tiger Woods Foundation. nifer, Kate, Margaret, and Thomson. resentatives, six judges, and dozens of John and I were equally skilled as I was proud to be part of that large high-ranking executive branch offi- golfers, and that is not a compliment extended family, and I mourn his loss. cials. to him or me. While even on our very Cassidy—how he invariably identified When former partner Jamie Gorelick best days neither of us could threaten himself on the phone—was a native was nominated to be Deputy Attorney to break par, playing golf with John Washingtonian, a rarity here in the Na- General in 1994, the Wall Street Jour- was an experience that ran counter to tion’s Capital. John graduated from nal said of the firm in an editorial that the title, but fully in the spirit, of Tom Georgetown University and then its ‘‘among Beltway bigwigs, its phone Boswell’s wryly named book, ‘‘A Good law center and maintained a lifelong number is posted right next to 911.’’ Walk Spoiled.’’ allegiance to both institutions, includ- For a small law firm, a remarkable Spending time with John was always ing service on the university’s board of number of the firm’s alumni were con- a treasure. I remember John’s vibrant pastel directors and the law center’s board of firmed by the Senate to positions in drawings; he often drew inspiration visitors. That type of unfailing alle- the judicial and executive branches. from his magnificent garden at the giance is vintage John Cassidy, as I They include a Deputy Attorney Gen- came to learn over the decades of our Berry Farm—garden with berries and eral, a Solicitor General, two Assistant close friendship. flowers, herbs, and Mr. Stripey tomato Secretaries of the Treasury for Ter- Even as a young lawyer, Cassidy be- plants ten feet high. Such was his came active in civic affairs, serving as rorist Financing, General Counsels of bounty. vice chairman of Montgomery County’s the CIA and Defense Department, three I rue that I will never be able to pour Law Enforcement and Criminal Justice Federal appellate judges, and three over his draft memoirs, surely to be Commission and as chair of the town U.S. District judges. No fewer than a one of the most interesting tomes in council of Chevy Chase Section 4. He dozen alumni became deans or profes- recent history. served in the Army’s JAG Corps where, sors at prominent law schools. Nearly Once, I asked Cassidy when he was in his typically self-deprecating style, all were mentored during their careers planning on retiring. He wasn’t sure. he described his several years in Ice- by John Cassidy. Cindy tells me, at 65, he decided to land as time honing his salmon-fishing In 2001, John called to tell me that he delay the decision 5 years—at 70, an- technique with visiting senior officers. and most of the other lawyers from other 5 years—at 75, another 5 years. I Upon his return to the United States Miller Cassidy were joining the Wash- have no doubt, at 90, he would have in the early 1960s, John served as exec- ington, DC, office of Baker Botts, given the same reply. utive assistant to the board of mon- where he continued to practice until In a tribute to Cassidy, his nephew, itors appointed by the court to oversee the brief illness that preceded his Jim, said, ‘‘John Cassidy was a friend the Teamsters as part of a Department death. Throughout his career at Miller of motorsports, a friend of NASCAR of Justice settlement with the union Cassidy and Baker Botts, John was re- and a friend to just about whoever concerning charges for corruption. He nowned for how passionately he fought made his acquaintance. And he was so became a trial attorney in the Justice to protect the interests of his clients, much more.’’ Department and a trusted aide to At- many of whom remained friends for That sums it up. John Cassidy was a torneys General Robert Kennedy and decades after their legal matters were friend to this body, a friend to our in- Nicholas Katzenbach. resolved. stitution, and a friend to me. His pass- To be with Cassidy was to be with Former Secretary of Treasury and ing is a loss to his family, his many history. I remember once, when I later Secretary of State James Baker, friends and colleagues, and most of all, walked him out of the Russell Building a senior partner at Baker Botts, said to this country that he loved so much. I by my office in SR–135, he looked out me about John Cassidy, ‘‘John Cassidy will miss him. at the Upper Senate Park extending was a great lawyer, but he was also, I f down to where the Teamsters building think more importantly, a great friend. stood. John gazed over and said, ‘‘Hoffa He had all the tools one would look for REMEMBERING DONALD DOHERTY used to call that the ‘Trail of Tears’ as in an advocate and an advisor, and he Mr. DURBIN. Mr. President, he came up to testify in the Senate.’’ knew how to work both the judicial McHenry, IL, lost one of its favorite With that, he was off to Constitution process and the negotiating table to sons on November 21. Donald Doherty Avenue to flag a cab back to his office. the benefit of his clients. But John also was the mayor of McHenry from 1961 to That was what life with Cassidy was really cared about your response when 1973. He was a county board member like, and I will miss that so much he asked ’How are you doing?’ He was for 20 years. He was a husband, a fa- about him. truly a genuine person, and it seems we ther, grandfather, a veteran of the U.S.

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.065 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7907 Army, and someone who truly loved his She didn’t set out to work on Capitol rest of the nation that in Vermont we community. He was 91 years old. Hill. Her first job after college was can and will rise above partisan poli- If you go down Green Street in working as an AmeriCorps VISTA vol- tics.’’ McHenry, you will come to the inter- unteer, helping migrant laborers in I have spoken in Vermont about Gov- section of Pearl Street and Green Utah. ernor Scott’s speech. I believe his re- Street and a sign for Honorary Donald She went back to school to earn a marks show how we work together in P. Doherty Drive. Donald loved living master’s in journalism. After her first Vermont and how we should work to- in McHenry. People could always find year, she was hired as a summer intern gether in Washington. I am proud of Donald along Green Street at St. Pat- by Congressman Toby Moffett. She the challenge put forth by Governor rick’s Church or at city hall or at his never went back to ‘‘J school.’’ Scott. I know that, in Vermont, it is a family’s drug store, Bolger Drugs. She worked as Congressman challenge we can meet. McHenry and his family were his life. Moffett’s energy policy director for 3 The book will soon close on the 115th Before Donald became mayor in 1961, years. Congress, one in which one party con- he ran the Bolger Drug Store. He was She then worked as adviser to the trolled majorities in both the House famous for going out of his way to help Subcommittee on Environment, En- and Senate and the White House. The customers. If his store didn’t have it, ergy, and Natural Resources of the book will open on the 116th Congress, he would make sure the customer got House Government Operations Com- where I hope we can move forward with it. The community rewarded him by mittee, followed by 2 years as legisla- the bipartisan spirit that Governor choosing him to be mayor for 12 years. tive director for then-Congressman, Scott challenged us all to adopt in his His love of the community continued now Senator, ED MARKEY. remarks on election night. As it has well after his time as mayor. He went Cathy left Capitol Hill to become leg- throughout our Nation’s history, on to serve as a member of the county islative director for Citizen Action, a Vermont is leading by example. It is an board, the Knights of Columbus, and coalition of progressive organizations, example I implore every Senator to fol- the McHenry Area Chamber of Com- from 1988 to 1997. After that came 2 low. Let’s focus on what unites us, merce where he received the chamber’s years as legislative director and rather than promote greater division highest honor, the Frank E. Low healthcare policy expert for the Amer- between us. Award. Donald often would consult ican Federation of State, County, and I ask unanimous consent that the re- succeeding mayors if they needed help. Municipal Employees, one of the great marks of Vermont Governor Phil Scott During McHenry Fiesta Days, you public employee unions in our country. be printed in the RECORD. could find him as the parade marshal. Cathy had vowed never to return to There being no objection, the mate- Donald helped make McHenry a bet- Capitol Hill. Thank goodness, Con- rial was ordered to be printed in the ter place to live for people. He loved gresswoman SCHAKOWSKY persuaded RECORD, as follows: car rides, playing bingo with his her to change her mind. VERMONT GOVERNOR PHIL SCOTT’S ELECTION friends at the McHenry Country Club, Few people know more than Cathy NIGHT SPEECH—TUESDAY, NOVEMBER 6, 2018 and he missed playing Scrabble with Hurwit about the complexities of Thank you all very much for being here to- his late wife, Rosalie. He leaves behind healthcare policy or about the con- night. sequences of the healthcare policy de- First, I want to thank my family—espe- 10 children and 21 grandchildren. cially my wife Diana and my daughters Erica f cisions we make in Congress for ordi- and Rachael, my mom and many other fam- nary people. If you are among the mil- TRIBUTE TO CATHY HURWIT ily members for their love and support. I lions of Americans who are grateful wouldn’t be standing here today without Mr. DURBIN. Mr. President, I would that insurers can no longer deny you you. like to take a moment to thank a re- coverage or charge you astronomically Throughout my life—whether it be in busi- markable woman whose commitment more for health insurance because of a ness, racing or politics—I’ve been able to to justice has helped more people in my preexisting medical condition, you can bring people together who have the right at- State and in our Nation than she will titude and chemistry. thank Cathy Hurwit. She was fighting I’d like to first thank my team. Both my probably ever know. for a Patients’ Bill of Rights more than campaign team who worked long days that Her name is Cathy Hurwit. For the 20 years ago. With Congresswoman became longer nights; as well I want to last 20 years, she has served as chief of SCHAKOWSKY and others, she helped to thank my cabinet and my staff who stuck staff to my friend from Chicago, Con- include that and other essential protec- with me through thick and thin. I’m blessed gresswoman Jan Schakowsky. tions in the Affordable Care Act. with an incredibly talented team, so loyal Cathy Hurwit is retiring from public Her work has improved the lives of and bright, who have spent the last two service at the end of this year. This millions of Americans. years working to make the vision we share week, as she was packing up her office for Vermont a reality. While Cathy is leaving the Hill, she is Now I know we’ve taken tonight off, but I in the Rayburn building, a coworker not leaving the fight. I hope that she look forward to continuing our work, with happened to see her pull a photo from will find a little more time to enjoy a all of you, first thing tomorrow morning. a drawer and pack it away with her good show at the Kennedy Center. I Tonight, 180 Vermonters were elected to books and files. It was a signed photo know that she will continue to be a serve as our Legislature for the next two of Cathy with President Barack force for social justice. years. I want to personally congratulate each of Obama. f That small incident tells you a lot them—some here this evening. I look for- BIPARTISANSHIP ward to working with you in the coming about Cathy Hurwit. You see, for months. And ‘‘work’’ being the key word be- Cathy, public service has never been Mr. LEAHY. Mr. President, on No- cause there’s so much to do. about personal gain. She has no use for vember 6, millions of Americans, in- There are few higher honors than being ‘‘vanity walls’’ covered with photos of cluding thousands of Vermonters, elected by your neighbors, for them to have herself with powerful people. headed to the polls to cast their votes enough faith and trust in you to represent Where others might hang a photo of in these midterm elections. Back them and their interests and be the person themselves with a President, Cathy home, Vermonters reelected our gov- they are counting on to work on the issues that are most important to them and your Hurwit hangs a poster from a rally to ernor, Governor Phil Scott, a Repub- community. save Social Security and Medicare. For lican, to another term in office. They And there’s no greater responsibility than her, public service has always been also returned Democratic majorities to working every day to understand and solve about helping others and making our the State house and senate. the problems facing our state. government better and fairer. I was moved by the remarks deliv- For those newly elected, like I was 18 years Cathy Hurwit is an icon in the pro- ered by Governor Scott on election ago, you may still think everything is black gressive movement. She is committed night. Of the elections, he said, or white, yes or no, but I would warn you, there’s a lot of gray in between. to her values, and she is a genius at or- ‘‘Vermonters are saying they want us Typically, there are no easy answers, no ganizing and legislating. She knows to work for them, not against each corners to cut—only hard work ahead, to do how to use power to help others, other. They are saying we need to lis- all we can to create a stronger, more vibrant whether in the minority or majority. ten to one another and prove to the future for all of us.

VerDate Sep 11 2014 08:54 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.066 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7908 CONGRESSIONAL RECORD — SENATE December 19, 2018 In electing a Governor of one party and a Second, if we’re going to grow our econ- business. Before Lloyd received his legislature led by another the message omy, we must bring more into the workforce green card, he would drive the 4-hour Vermonters have sent us tonight is clear: and attract more people to our state. roundtrip from his home in Montreal We need more kids in our schools, more work together. to Burlington, VT, each day. Lloyd Vermonters are saying they want us to workers for our businesses, more proud, first work for them, not against each other. time homeowners right here in Vermont. lives much closer now, but still drives They are saying we need to listen to one We need a bigger labor force to support the 4 hours each day to deliver bagels another and prove to the rest of the nation public investments we care about because if around the region. Lloyd gives 1,200 ba- that in Vermont we can and will rise above we don’t—if we can’t grow our economy— gels away each week to local charities. partisan politics. then we’re faced with two options: raise When asked, Lloyd will tell you that We must come together for the future of taxes or make cuts to programs which could harm the most vulnerable, neither of which his favorite part about running his our state in order to strengthen our econ- business and working incredibly long omy, make Vermont affordable and protect is acceptable. the vulnerable in all 251 communities in That’s why I ask legislators, in fact, all hours is being able to talk to his cus- Vermont. elected officials to work with me on a plan tomers and develop close relationships Whether you’re from Brighton or Brandon, to grow our workforce to increase our work- with the community. Alburgh or Albany—we all want the same ing age population because our future lit- I am proud to recognize the business thing. erally depends on it. Third, we’re going to protect our neigh- and community that Lloyd Squires has We want the kids in every community to helped create in Vermont over the past get a great education, learn a trade, pursue bors. We’ll continue to address the opioid crisis, those suffering from mental health 20 years. the career of their dreams, buy a home, start I ask unanimous consent to have a family and retire right here in the state we issues and find ways to make sure all love. Vermonters have access to affordable printed in the RECORD a Burlington This is the challenge we face together. And healthcare. Free Press article titled, ‘‘A day in the We’ll take care of our elderly and our vet- tonight, I humbly accept that challenge once life of Lloyd Squires, Vermont’s ‘best’ erans—who have given so much to us—our again. children, and those who need us most, when bagel maker.’’ It shares Lloyd’s hard I’d also like to thank my opponent, Chris- they need us most because it’s what we do in work and the story of how he has gone tine Hallquist, for stepping up and running Vermont. from being homeless as a teenager to a an energized and historic campaign. And finally, if we’re going to accomplish cornerstone of our community. While we may not have agreed on many any of this, we must continue to rise above issues, we did agree from the start that this There being no objection, the mate- partisanship and politics of hate and divi- race would be about the things we felt rial was ordered to be printed in the sion. RECORD, as follows: mattered most to the people of Vermont. Our time to make a difference for those While across the nation other races in who have elected us, is far too short. We [FROM THE BURLINGTON FREE PRESS, NOV. 23, other states turned negative and uncivil, in can’t allow ourselves to fall victim to petti- 2018] Vermont, we rose above it. ness, political games and angry rhetoric. DAY IN THE LIFE OF A BAGEL MAKER The news out of Vermont this election was Now more than ever, we must be better (By Evan Weiss) clear: we can disagree, we can debate—and role models because our children are watch- Lloyd Squires, 54, wakes up in his South we can do it with passion—but in this state, ing, and they want to be just like us. we can do it respectfully. We must be better, kinder and more re- Burlington home as he does every day: with- It wasn’t perfect. And at times we were respectful to each other and take the time to out an alarm. He puts on a layer of Under minded that we’re not immune to the hate listen. Armour, a Montreal Canadiens T-shirt and a and bigotry that is all too present around This is the challenge ahead. This is my vi- matching Canadiens hat. the country, but by and large, this campaign sion for our future. He likes hockey. He’d fallen asleep around was marked by the type of civility It is the greatest honor of my life to have 9:30 the night before, watching his team lose Vermonters, and Americans for that matter, the trust of Vermonters to carry out this to the Sabres. deserve in our public process. work on their behalf. He rarely gets four hours of sleep. There was probably no better example of Thank you again from the bottom of my 2:00 a.m. that than Zac Mayo and Lucy Rodgers of heart and as I’ve done throughout my entire Lloyd, the founder and co-owner of Myer’s Cambridge, two candidates, ending a debate life, I will do my very best not to let you Bagels, drives to a gas station and picks up last month by sitting together to perform a down. a cup of coffee. In Burlington, Kountry Kart Deli is busy musical duet. f For this, and for stepping up, and putting making sandwiches for a less-thansober yourself out there, I’d like to thank all can- TRIBUTE TO LLOYD SQUIRES crowd. It is late for them, early for Lloyd. didates tonight. Mr. LEAHY. Mr. President, small 2:10 a.m. He turns off Pine Street and arrives at From the top of the ticket all the way business are at the heart of many com- down, it’s not easy to put yourself out Myer’s, backing into a spot that directly there—win or lose. So, I thank you for your munities around the country, but in a faces the shop. I tell him I think that says contribution to the conversation and com- small State like Vermont, local busi- something about him, that most people mitment to making Vermont a better place. nesses and their owners truly bring would pull straight in. He says he likes to I’d also like to note that the issues that people together. Lloyd Squires and his shine his headlights on the bakery because have been raised in this campaign due to bustling Burlington bagel business, it’s been broken into three times this year. If Christine’s historic candidacy are front and Myer’s Bagels, is one example. For the there’s ever danger, he says later, there’s a center. past 22 years, Lloyd has dedicated his machete hidden inside. I want you to know that as long as I’m He unlocks the door and a large banner Governor, I’ll continue to make sure our life to running this Vermont establish- welcomes us in cursive: Myer’s Bagels. A state lives up to our motto of freedom and ment, making more than 3,000 hand- Taste of Old Montreal. unity as well as our reputation of tolerance rolled bagels every day. Myer Lewkowicz, the namesake for the and compassion by being the most wel- Lloyd grew up in Montreal and strug- shop, was a survivor of Buchenwald con- coming in the nation, while defending all gled with homelessness as a teenager. centration camp. He moved to Mile End, Vermonters from hate and bigotry. However, his life turned around at age Montreal’s historically Jewish neighborhood, This will remain one of my administra- 15 when Myer Lewkowicz, the owner of in 1953 and cofounded the famous St-Viateur tion’s top priorities—no exceptions. the Montreal-famous St-Viateur Bagel, Bagel in 1957. In 1980, Lloyd was 15 and homeless, sleep- Today, Vermonters spoke loud and clear. offered Lloyd a job that allowed him to So, tonight, I’ll reaffirm my commitment ing in a park for five days. He took an over- to the three principles on which my adminis- finish school, put a roof over his head, night factory job and went to schoolduring tration bases every decision we make: and learn from Myer’s teaching. Myer the day. After his third shift, walking by St- First, we’re going to continue to make had moved to Montreal and started his Viateur at 3 a.m., Myer asked what he was Vermont more affordable. bagel business in the 1950s, having sur- doing out so early every morning. He offered I travel the state every day, I see the vived the Buchenwald concentration Lloyd a job on the spot, a job Lloyd credits struggles our neighbors face and I know that camp. Lloyd worked side-by-side with with saving his life: 13-hour days, Friday, the high cost of living, doing business, en- Myer for 15 years until Myer passed Saturday and Sunday, so he could stay in ergy, healthcare, education and taxes are school. forcing too many to look elsewhere for op- away. To honor his mentor, Lloyd Later, Myer would offer Lloyd the day portunity. opened up Myer’s Bagels in Burlington, shift, which he happily accepted. He’d soon We should all find that unacceptable. So, VT, in 1996. discover that the ‘‘day shift’’ was 3 a.m. to 4 as I’ve done for the past 18 years, I’ll spend Lloyd has worked tirelessly over the p.m. six days a week. the next two, working to reverse that trend. last two decades to develop his growing 2:11 a.m.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.068 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7909 ‘‘First thing I do is put on the radio. First 4:16 a.m. ‘‘He’’ means Myer. person gets to choose the station for the The ready bagels are tossed into a long Lloyd used to buy the paddles in Montreal, day.’’ Lloyd chooses country music. metal tray called the chute. but now commissions them from Sterling 2:12 a.m. Lloyd organizes them. Furniture Works across the street. They He turns the faucet to fill the kettle. Ba- 4:34 a.m. start as blonde, unvarnished wood. Over gels are traditionally made by boiling before Matt ensures the boiled bagels are fully time, they develop a dark patina in the oven, baking (though some commercial bakers will covered. The honey in the water helps make the far edge turning black. use steam to save time and money). everything stick. 7:36 a.m. 2:14 a.m. 4:58 a.m. Kyle asks Lloyd, ‘‘How’s it going?’’ He re-activates the fire with paper and The first customers arrive, tired and hun- Lloyd replies, ‘‘Living the dream.’’ Middlebury-sourced wood. gry. He always responds, ‘‘Living the dream’’ or New York-style bagels, the most common 5:06 a.m. ‘‘Rolling in the dough,’’ Kyle says. variety, are usually machinerolled, boiled in Lloyd moves to the station where his team They both laugh. tap water and baked in a gas oven. slices bagels headed for bags. He explains 7:50 a.m. Montreal-style bagels are traditionally that each bagel has to be cut with a knife be- The rolling continues. Lloyd estimates hand-rolled, boiled in honey water and baked cause the hand-rolling process results in they’ve made 110 dozen bagels thus far. in a wood-fired oven. varying shapes unfit for a standard slicer. They bake between 250 and 300 dozen on an 2:15 a.m. There were three main jobs at St-Viateur, he average day, he says, which is 3,000 to 3,600 He mixes Red Star yeast with a bucket of says: bagging, rolling and baking. Myer had bagels for those of us who don’t think in doz- water and gets the flour ready. told Lloyd that as he worked his way up, ens. 2:25 a.m. he’d make more money. Lloyd retold this 8:08 a.m. He throws all of the ingredients into a 50- story, laughing, because he learned that the One burnt bagel comes out of the oven. It year-old Canadian mixer. He says he has a increased pay didn’t come from a better goes into the fire next to the seeds. new $20,000 model waiting in the wings, but hourly rate, but from the longer hours re- Lloyd says Myer couldn’t stand seeing any- he likes the old one better—it’s the same quired: baggers worked 20, rollers worked 40 thing wasted because of his time in the Holo- kind he learned on at St-Viateur. and bakers worked 75. caust. According to the St-Viateur website, He likes reminiscing about his time there. 5:18 a.m. Myer once spoke to a high school class and Myer, he says, once bought football tickets Batch two is ready for rolling. There are said, ‘‘At Buchenwald, all I dreamt of was a for six employees. They all showed up to St- five ingredients in the dough: piece of bread.’’ Viateur, excited, and stuffed into Myer’s car. -King Arthur’s Sir Lancelot High- 8:10 a.m. He drove two blocks, parked and told them GlutenFlour Kyle leaves, but before he does, out of ear- they were all taking the subway: ‘‘I’m not -Malted Barley Flour ? Sugar shot of Lloyd, he says, ‘‘He’s a really awe- paying for parking.’’ Myer later helped Lloyd -Water some boss.’’ buy his first house. -Yeast Lloyd estimates that 3,000 to 4,000 8:16 a.m. Lloyd worked at St-Viateur for 15 years, pounds of King Arthur flour and 400 pounds Lloyd takes the last sip of his gas station half of his life at that point, and only left of Green Mountain Creamery cream cheese coffee, over six hours after he bought it. after Myer died of cancer. are consumed during an average week. A group of visiting Austrians, who stopped 2:32 a.m. 5:30 a.m. by the day before, say hi. One takes a pic- Lloyd finally sits down for breakfast: a Lloyd makes coffee, so some will be ready ture, and Lloyd gives her a free bagel. plain bagel with lox, scallion cream cheese when the shop opens at 4 a.m. 8:20 a.m. The fire is already roaring. and tomatoes. He washes it down with a Nat- Lloyd hands a bag to someone from a local 3:06 a.m. alie’s orange juice and is done by 5:35 a.m. non-profit. He estimates that on an average He pours the requisite honey into the ket- It’s the only non-bathroom break he takes week, he donates 100 dozen to local charities, tle. during his 8.5 hours in the bakery. including the Flynn Center for the Per- 3:27 a.m. 5:38 a.m. forming Arts and Resource’s YouthBuild. The gluten-free bagels are ‘‘dropped’’ first. The chute is already littered with seeds be- 8:23 a.m. Lloyd created his own GF flour mix and is neath the wire baskets. Over the course of A police officer arrives for breakfast. the only one who makes it in the bakery. In the day, three to five pounds of seeds will 8:24 a.m. total, he has 42 bagel recipes. end up there. They’ll be collected and thrown There’s a line, and the tables are full. His favorite is ‘‘Montreal Spice Whole in the fire because they still have oil. Lloyd won’t tell you, but Myer’s has been ‘‘It flavors the oven,’’ Lloyd says. Wheat . . . which we don’t sell. I make them named best bagel shop in Vermont by 5:39 a.m. just for me.’’ Epicurious, among others. He mans the oven, which he built with 3:30 a.m. Why? It could be because people love three friends over five 18-hour days, using The first batch of dough is ready. On a nor- Lloyd; he prefers phone orders to web orders 3,700 fire bricks. He’ll occasionally make mal day, the bakery will go through four of because he likes talking to his customers pizza with his dough, adding crushed tomato, these 140-pound masses. and seeing how they’re doing. It could be be- garlic and 15-year-aged provolone, which 3:32 a.m. cause he learned from Myer Lewkowicz, one he’ll top with his Montreal spice mix. It’s The rolling begins. of the Montreal-style originators. It could be not on the menu, but he’ll make it for party- The room already smells of honey and because St-Viateur has greatly expanded its sized orders. toasted sesame seeds. bagel production while Myer’s is still only 6:36 a.m. 3:40 a.m. made in one bakery, one batch at a time. It Dough number three is thrown in the The boiling begins. could be all three. mixer. As Lloyd drops the first gluten-full bagels, It’s clear that the machine is old: a clamp 8:34 a.m. The third batch of dough is ready. Lloyd he says he sees money differently. ‘‘When I and bag of flour keep it closed. bought a car, I went, ‘That’s 15,000 bagels. I 6:40 a.m. cuts into it and it looks like a sushi chef cut- have to make those!’ ’’ A rush of customers begins. ting into a side of tuna. 3:52 a.m. 6:47 a.m. 8:50 a.m. Baker Matt Audette, 25, covers the boiled Lloyd rolls with Kyle again. An ex-Montrealer, who now owns a busi- bagels in rosemary. They go in the oven im- Matt and Kyle explain how Lloyd can roll ness in Winooski, greets Lloyd in French. mediately. Matt was born and raised in a bagel and throw it perfectly into place any- Lloyd later says that the man, Marcel, was Vermont, but came from a pretzel-baking job where across the table, or even into the his first-ever customer in 1996. in Washington, D.C. He likes the early hours. oven. 9:00 a.m. 4:02 a.m. 6:55 a.m. A group of people watch Lloyd roll his ba- 17-year-old Kyle McGuire has worked at Lloyd rolls alone again. gels. I ask what it’s like to always be Myer’s for two months, and Lloyd is by his I clock him at roughly a baker’s dozen per watched. He says, ‘‘I like to talk to people.’’ side, training him to roll. When Kyle is done minute. He says he could get up to 38, if 9:05 a.m. with his shift, he’ll go home to shower and needed, though he’s recovering from an eye Trisha Ubermuth, 25, stands on a milk head to Colchester High School, where he’s a injury. He’s worked with people who could do crate to organize the bagels. senior. 40 to 45, no problem. In the past, Lloyd has told the story that Lloyd says he trained 100 bakers at St- 7:32 a.m. she once came in as a child and declared Viateur; 75 are still there. Matt calls out, ‘‘Fresh rosemary!’’ she’d work there one day. It’s not true, but 4:08 a.m. Two customers grin and peer over to see Lloyd tells me that bagels are, in fact, a The shop has been open for eight minutes. the bagels lobbed into the chute. family business. Everyone is working quickly before the The bagels are flipped and flung using a His sister, mother and nephew still work at morning rush. long wooden paddle called a shebah. The St-Viateur. His daughter works for his cous- 4:09 a.m. spelling of this word varies. When asked why in who runs his own bagel shop, Brossard The second batch of dough goes in the it’s called a shebah, Lloyd says, ‘‘That’s Bagel, just outside of Montreal. mixer. what he called it.’’ 9:07 a.m.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.072 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7910 CONGRESSIONAL RECORD — SENATE December 19, 2018 Lloyd gives a free, hot poppy seed bagel to Center President Deborah Rutter, Event who we are. The work of the American art- Marcel, knowing it’s his favorite. Chair Suzanne Niedland for their service and ists gathered here in this room is a powerful 9:31 a.m. leadership. And thanks to all of you in at- form of diplomacy. Your influence is felt The rush slows. Everyone works at the tendance tonight for coming to honor the es- around the world. same pace. teemed recipients of this year’s Kennedy The Kennedy Center Honors program rec- 10:31 a.m. Center Honor. ognizes these exceptional artists who have Lloyd finally leaves, but he’s not done. Gathered as we are in the Department of contributed so much to our culture and our Ahead of him, he’s got over four hours of State, I must note with a heavy heart the world. The program is in its 41st year, and driving through Northern Vermont with passing last night in Texas of President its honorees include some of the most iconic seven bagel drop-offs on the way. He doesn’t George H.W. Bush, my former boss many figures in the arts. This year’s honorees cer- dread it though, it’s a pretty drive. And, ‘‘I years ago. President Bush cherished this tainly fall squarely into that category. love getting out and meeting people.’’ place and this institution. He was, of course, Cher, our first honoree, needs no introduc- He’s got another bagel inhand for lunch. the U.S. permanent representative in the tion. She’s commonly referred to as the, ‘‘My car is covered in sesame seeds,’’ he says. United Nations in the early 1970s, and later quote, ‘‘goddess of pop,’’ unquote, and I test- 7:15 p.m. our first representative to the People’s Re- ed that assertion with a Google search, He finally gets home after only stopping public of China. And since we’re gathered in whose results showed that to be true. for a break at Piecasso in Stowe. He’s used the Benjamin Franklin Room, I also note (Laughter.) But I use the word ‘‘commonly’’ to long drives. that President Bush shares a distinction with a purpose, because that is too common When he first opened Myer’s in 1996, he with Franklin: They both served as our na- a title for such an extraordinary talent and commuted from Montreal, leaving at mid- tion’s representative to a vitally important person. She’s achieved towering success in night every ‘‘morning.’’ He got his green country but without holding the title of am- music, on television, on stage, and in films. card in 1997. After three years of the 100-mile bassador. 1974, when President Bush was The accolades included here are too many to commute, and a car accident caused by named the chief of our liaison office in Bei- name. Her voice and her music—‘‘I Got You sleeping at the wheel, he moved to Vermont. jing, the United States did not have diplo- Babe,’’ ‘‘If I Could Turn Back Time,’’ ‘‘Be- He then worked 15-hour days, seven days a matic relations with China. Two hundred lieve’’—I could go on, to name just a few— week for seven years. years before, when Franklin was sent on a those songs are loved worldwide and have ‘‘I’ve never worked less than 65 hours a commission to France and then appointed made her a global superstar and a household week,’’ he says. our minister in Paris, the Court of Versailles name. He’s barely gotten outside of Vermont and would not accept an ambassador from a self- Composer and pianist Philip Glass is our Montreal because of the schedule. Now, for- declared republic like ours. Only sovereign second honoree. He’s no stranger to State tunately, he gets a day off on the weekend. monarchs exchanged ambassadors until well Department programs and proudly rep- He’s recently been to both Connecticut and into the 19th century. resented the United States as a Fulbright Boston. I’ve thought a lot about Franklin during Scholar in Paris in the 1960s. Since then, Mr. He hopes one day to retire in Nova Scotia. my service as deputy secretary of state. We Glass has only gone on to compose more But, first, he’s going to open a new take-and- host many special historic events here in the than 25 operas, 10 symphonies, as well as bake bagel business with his friend Sid Benjamin Franklin Room, including a lunch- concertos, film soundtracks, and countless Berkson in Enosburg Falls. eon earlier this year for President Macron of other works. Truly in a league of his own, And, he’s still got a bakery to run. France during his state visit to the United he’s the recipient of the U.S. National Medal 9:30 p.m. States, and I’m often asked to provide re- of the Arts, and next month the Los Angeles He drinks chamomile tea and falls asleep, marks. The speechwriters who prepared a Philharmonic will present the world pre- again, to hockey. The next morning, he first draft appropriately note the venue, and miere of his 12th symphony. wakes up without an alarm at 1:15 a.m. It’s refer to Franklin as the first American dip- Our third honoree is another legend, Reba Saturday, and there will be twice as many lomat, our minister to France. But they also McEntire. And I am not ashamed to say as a customers. He looks forward to meeting inevitably described him as, quote, ‘‘the fa- humble bureaucrat, I can’t believe I got to them. ther of the Foreign Service.’’ And that’s al- shake Reba McEntire’s hand. (Laughter.) I’m f ways struck me as a stale, patriarchal lan- telling you, it’s unbelievable. Thank you, TRIBUTE TO JOHN J. SULLIVAN guage unsuited for the 21st century, and un- Mike Pompeo. (Laughter.) Her songs— likely to inspire young Foreign Service offi- ‘‘Fancy,’’ ‘‘Is There Life Out There,’’ ‘‘I’m a Mr. LEAHY. Mr. President, earlier cers. But my effort to craft an alternative Survivor’’—have given her worldwide fame. this month, Marcelle and I, with that would motivate a new generation to ca- She’s recorded 25 number-one singles and Marcelle’s brother, Claude Pomerleau, reers in American diplomacy—those efforts sold over 56 million albums. But she’s attended the Kennedy Center Honors have failed recently. I spoke to a group of achieved great success in other fields, in- Dinner at the State Department. We eminent retired U.S. diplomats here in this cluding on television and in movies. All you were moved by Deputy Secretary of room; they were confused and appalled when have to do is say her first name, and the I referred to Franklin as the original gang- world knows exactly who you’re talking State John J. Sullivan’s remarks, ster of the Foreign Service. (Laughter.) about. which touched on his deep admiration So I’ve shifted my thinking to alternatives Wayne Shorter, the famous jazz saxo- for foreign service and his great appre- to enliven the way we convey the remark- phonist and composer is next. He deservedly ciation of American arts and culture. I able life of Franklin. I had the idea of bring- has been called—and again, I quote—a ge- wanted to share with the Senate his re- ing Franklin’s story to life on the stage, per- nius, trailblazer, a visionary, and one of the marks, which were filled with histor- haps even a musical. (Laughter.) Who would world’s greatest composers. He’s played with ical references and bits of humor. want to see that? Imagine, a musical about Miles Davis, Joni Mitchell, Steely Dan, Car- I ask unanimous consent that Deputy one of America’s founding fathers. (Laugh- los Santana—the list goes on. He’s won 11 ter.) You laugh, but in fact, there was a Grammy Awards, including a lifetime Secretary of State Sullivan’s remarks Broadway musical about Franklin, Ben achievement award, but admirably, he does be printed in the RECORD. Franklin in Paris, staged in 1964, and it faded not rest on his laurels. He’s now working on There being no objection, the mate- quickly into obscurity. (Laughter.) his first album. rial was ordered to be printed in the But I’m serious about promoting and hon- Finally, we honor the co-creators of Ham- RECORD, as follows: oring America’s diplomats past and present, ilton, and I hope they will consider my sug- whether it’s Franklin, President Bush, or our CENTER DEPUTY SECRETARY OF STATE JOHN J. gestion of Franklin: An American Musical. current friends and colleagues at this depart- SULLIVAN I’m just saying, Hamilton’s secretary of ment who are working to promote and pro- treasury; versus the secretary of state. REMARKS AT THE 2018 KENNEDY CENTER tect America’s interests, America’s values, (Laughter.) Just think about that. These in- HONORS and American citizens at hundreds of posts, dividuals—Lin-Manuel Miranda, Thomas DECEMBER 2, 2018, WASHINGTON, D.C. embassies, consulates, and missions around Kail, Andy Blankenbuehler, and Alex DEPUTY SECRETARY SULLIVAN: Good the world, many in dangerous and difficult Lacamoire—together they wrote, acted in, evening. It’s an honor for my wife, Grace circumstances. Their work is made easier by directed, choreographed, and arranged what Rodriguez, and me to welcome you to the De- the worldwide popularity—indeed, the perva- has become the best known, groundbreaking partment of State. Secretary Pompeo asked sive influence—of the best of American arts stage production of our time. They are trail- that I extend his sincere regrets he’s unable and culture, which is what we’re here to cel- blazers who have created art that defies cat- to be with us tonight because of his travel to ebrate tonight. egorization, breaks down barriers, and brings Buenos Aires for the G20 summit. It’s a real It is through the arts that we, the Amer- American history to life. privilege to be asked to stand in for the Sec- ican people, tell our story. We express the My youngest son, Teddy, is a senior at retary of State at a very special event like richness of our culture and artistry when we Hamilton College and among the show’s big- this. Deputy secretaries are usually dele- export it to the rest of the world. And the gest fans. He likes to wear his college gated humbler duties. impact cannot be overstated. Music, theater, sweatshirt around Miami—excuse me, I’d like to begin by thanking Kennedy Cen- cinema—every medium we celebrate tonight around Manhattan—and engage the tourists ter Chairman David Rubenstein, Kennedy (inaudible) United States shows to the world who ask where do they paraphernalia like

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.072 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7911 that from the show. (Laughter.) He patiently oping the National Organic Program, which mittee that originally hired Wonnacott for explains to them the merits of college, the eventually led to the creation of the U.S. De- the Vermont chapter. ‘‘It’s one of the things musical, and being at the center of both. partment of Agriculture organic seal in 2002. I’m proudest of,’’ she said. Now, I know I’m standing in the way of ‘‘Enid has been one of the most effective The agricultural landscape has changed your dinner, so I will conclude with an ac- advocates for organic agriculture in the en- dramatically since Wonnacott became the knowledgement of a prior Kennedy Center tire country,’’ Leahy told Seven Days via nonprofit’s third executive director at age 26, honoree—and I kind of slipped this before email, acknowledging that the road was long fresh out of graduate school. when I said Miami instead of Manhattan— and that challenges continue. ‘‘Through all According to the Organic Trade Associa- and that’s because we’re joined tonight by of this, as a leader, Enid has been patient but tion, organic food sales in the U.S. hit $45.2 Gloria Estefan. Welcome back. (Applause.) persistent and always a clear-eyed problem billion in 2017 and accounted for 5.5 percent My wife Grace and the Rodriguez family are solver. I have often looked for Enid’s help on of all food sold. Twenty years ago, OTA’s delighted to see whom we consider the first difficult policy challenges,’’ Leahy added, first published sales figure was $3.4 billion. lady of Cuban Americans here tonight. ‘‘and she has never been reluctant to let me The USDA National Organic Program Thank you, again, on behalf of the Depart- know exactly what needs doing to support helped propel growth. However, its integrity ment of State, for allowing us to be part of and strengthen organic agriculture.’’ has been questioned over the past couple of this celebration to pay tribute to the life- ‘‘This is recognition of her role as guardian years based on media coverage of probable time contributions of the remarkable women and voice of the organic movement,’’ Ross standards noncompliance by large organic and men we honor tonight. Please enjoy your said. ‘‘It also recognizes the evolution of or- dairy and egg operations. Investigation also dinner. Thanks. (Applause.) ganic as a significant and meaningful part of revealed that some organic imports were re- our economy in Vermont and the economy ceiving fraudulent certifications. Then the f nationally.’’ USDA withdrew approved, strengthened or- TRIBUTE TO ENID WONNACOTT Under Wonnacott’s guidance, NOFA–VT ganic animal-welfare standards, though they has become the go-to resource for organic had not yet been enforced. Mr. LEAHY. Mr. President, a re- farmers and gardeners, agricultural advo- After her initial diagnosis but before her markable Vermonter has reached a re- cates, and locavores for everything from cancer spread, Wonnacott had planned to remarkable milestone. Enid Wonnacott technical production assistance to com- tire in 2021, when NOFA–VT will turn 50. of Huntington, VT, deserves our thanks prehensive lists of farmers markets and ‘‘But it’s also a good time now,’’ she said. ‘‘I for and recognition of her more than 30 CSAs. There were fewer than 50 organic pro- recognize there are a lot of changes to the years of agricultural leadership in ducers in 1987; now NOFA–VT certifies more organic industry, challenges to organic in- Vermont and the Nation. than 700. Its robust farm-to-school partner- tegrity. I think there’s a need for really strong leadership, someone who has the en- Enid has led the Northeast Organic ship, subsidized farm shares and other efforts work to broaden access to local and organic ergy I had when I started.’’ After a pause she Farming Association of Vermont, food. added, ‘‘I don’t have the fight anymore, just NOFA-VT, since 1987. Her early leader- The nonprofit’s mobile pizza oven, though, my love and appreciation for this movement. ship of NOFA coincided with my chair- is probably the most vivid symbol of I want it to be shepherded by somebody with manship of the U.S. Senate Committee Wonnacott’s unique contributions: She em- a lot of health and energy right now.’’ on Agriculture, Nutrition, and For- bodies the warm heart of Vermont’s organic Wonnacott’s deep passion for agriculture estry. Enid was a constant source of agriculture movement, pulling community was seeded while growing up on her family’s Weybridge homestead. Her mother was dean counsel to me about the importance together around organic food and the farmers who produce it. of students at Middlebury College. Her father and unlimited potential of organic ag- ‘‘I love that whole program and initiative died of cancer when Wonnacott, the youngest riculture for Vermont and the Nation, as much as anything we do,’’ Wonnacott of three sisters, was 16. She spent a lot of and she was a strong advocate and ad- said, after smoothly maneuvering the oven time on a neighboring dairy farm, showed viser as I worked to make the National into Burlington’s Intervale on a September livestock at the fair and worked with a large Organic Standards Act a part of the afternoon. Later that day, she headed up a animal veterinarian. 1990 farm bill. This is the law that au- team of volunteers and Intervale Center em- At St. Lawrence University in New York thorized the national organic standards ployees to bake pizzas for an event, hands in State, Wonnacott studied biology and chemistry and first learned about organic agri- and labeling program, ushering in the the dough, laughing and hugging longtime friends who stopped by. culture. She relief-milked for a nearby or- remarkable and still-burgeoning Launched in 2006, the portable pizza oven ganic dairy and read Wendell Berry’s 1977 growth of America’s thriving organic fulfilled a vision Wonnacott had for gath- classic, The Unsettling of America: Culture sector. ering people around food in a way that fos- & Agriculture. ‘‘You know when you read a Since that time, Vermont continues tered connection and conversation. ‘‘I’m pas- book and you’re like, Oh, my God. This is to be a leader in our country’s now $60 sionate about community building,’’ she ex- what’s in my head,’’ she recalled. billion annual organic industry. To plained. ‘‘I think people need and seek com- During a semester in Kenya, Wonnacott learned how to treat cobra bites and hand- this day, I continue to look to Enid for munity.’’ Particularly in the early days, freshly milk a 70-cow herd. Kenyan agriculture was advice on organic agriculture and nu- baked pizza helped raise NOFA–VT’s profile organic ‘‘by default,’’ she said. ‘‘There was trition issues. Enid Wonnacott’s many with consumers and farmers. The copper- money to supply inputs, but no one knew accomplishments are presented in a domed, wood-fired oven on a trailer has what to do with them. I saw huge piles of im- profile published in ‘‘Seven Days’’ in logged thousands of miles and produced ported chemical fertilizer next to broken- Vermont on October 30, 2018. I ask thousands of pizzas at events such as farmers down tractors.’’ As graduation neared, unanimous consent for the profile to be markets and young-farmer socials. Wonnacott applied to veterinary school and, Since Wonnacott’s cancer diagnosis in 2014, at her mother’s suggestion, for a yearlong printed in the RECORD. working the oven has also provided a per- Thomas J. Watson Fellowship to study alter- There being no objection, the mate- sonal benefit. ‘‘It’s such a physical, present native agriculture. ‘‘My mom was a really rial was ordered to be printed in the thing to do, especially when you have chemo strong role model as far as ‘women can do RECORD, as follows: brain,’’ she said. ‘‘To get out and see people anything,’ ’’ Wonnacott said. ‘‘She supported [Seven Days Vermont, October 30, 2018] is a really healthy thing for me.’’ what was in my heart.’’ People who have worked with Wonnacott She won the fellowship and worked on or- LONGTIME ORGANICAG LEADER ENID say her positive energy and balanced ap- ganic farms in New Zealand, Nepal, Norway WONNACOTT STEPS DOWN proach have been both anchor and beacon and England; the experience was pivotal. ‘‘It (By Melissa Pasanen) through the hard work of building a move- was an agricultural system that made com- Enid Wonnacott has tallied many accom- ment. mon sense to me, a culture of preventative plishments over 30-plus years as executive Mara Hearst, now a sheep farmer in Dor- management and health for the soil, the director of the Northeast Organic Farming set, was 19 when she first met Wonnacott, plants and the animals,’’ Wonnacott said. ‘‘I Association of Vermont. In 1987, her 10-hour- who invited her to become a student rep- wanted to know, Why does the world not per-week job came with one filing cabinet resentative on the NOFA–VT board. Hearst farm this way?’’ and a milk crate filled with paperwork. said Wonnacott’s consistent message as a Back in the U.S., she taught biology and Since then, Wonnacott has built the non- leader and mentor has been: ‘‘We need to environmental education and became an or- profit into a 20-person team supported by a make change, and there’s a shitload to do, ganic certification inspector before pursuing $2.8 million budget. NOFA–VT has had an but let’s take time to be a community to- graduate studies at UVM.’’ I had to figure impact not only on Vermont agriculture but gether.’’ out why the world works the way it does,’’ nationwide. ‘‘After hours, she’s the first one to turn on she said. ‘‘How does our agriculture policy Wonnacott started at the association the the music and get everyone dancing,’’ said influence other countries? How do supply, same year that Sen. Patrick Leahy (D-Vt.) NOFA-NY board member Elizabeth Hender- demand and financial systems work?’’ For became chair of the Senate agriculture com- son. When she was founding president of her thesis, Wonnacott interviewed organic mittee. The two worked closely on devel- NOFA-Mass., Henderson was on the com- farmers about the role of policy in effecting

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.071 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7912 CONGRESSIONAL RECORD — SENATE December 19, 2018 change. ‘‘In the end, I felt like it’s all about Vermont and nudging more farmers toward may be reviewed. The provision stipu- grassroots—that was where change was going organic practices. ‘‘I believe we can be both lates that, in the Senate, the notifica- to come from,’’ she said. a movement builder and a bridge builder,’’ tion of proposed sales shall be sent to When Wonnacott landed the job at NOFA– she said. ‘‘It’s allowed us to be at the table the chairman of the Senate Foreign VT shortly after finishing school, she built for a lot of really important conversations, on her thesis contacts to launch that grass- and I think it was pivotal in my hall of fame Relations Committee. roots effort. In the mid-’80s, Wonnacott re- award.’’ In keeping with the committee’s in- called, ‘‘organic was really the under- Andy Jones, manager of Burlington’s In- tention to see that relevant informa- ground.’’ Farmers told her they didn’t label tervale Community Farm and former NOFA– tion is available to the full Senate, I produce organic because customers would as- VT board president, believes ‘‘the big tent’’ ask unanimous consent to have printed sume it had worms. ‘‘People thought it was has served the agricultural community well. in the RECORD at this point the notifi- just hippies playing around,’’ she said. ‘‘It Early on, he noted, Wonnacott saw the ben- cations which have been received. If wasn’t respected.’’ efit of offering technical assistance to con- the cover letter references a classified Her goal, Wonnacott said, was to raise the ventional dairies that were exploring a tran- status of the movement and provide support sition to organic. She recognized that farm- annex, then such annex is available to to farmers in the pre-internet age. She also to-school programs could provide markets all Senators in the office of the Foreign prioritized developing a farmer-driven or- for local and organic farmers and also teach Relations Committee, room SD–423. ganic certification program with lengthy new generations to appreciate the food. ‘‘She There being no objection, the mate- discussions to hash out standards. ‘‘For me, always wanted to build the answer ‘‘to any rial was ordered to be printed in the fascinated by movement building, by how problem, said Jones. She sought ‘‘ways to RECORD, as follows: groups make decisions, these were really build the ag community, the rural commu- DEFENSE SECURITY amazing meetings,’’ Wonnacott said. nity. She knows Vermont is stronger when COOPERATION AGENCY, Jack Lazor of Butterworks Farm in West- everyone is successful.’’ Arlington, VA. field met Wonnacott when she was a grad- Wonnacott understands that her successor Hon. BOB CORKER, uate student and worked helping to deliver will face challenges. NOFA–VT membership Chairman, Committee on Foreign Relations, the farm’s yogurt to stores. He was part of is stagnant at about 1,200 members, and this U.S. Senate, Washington, DC. the first community forum she later led in year’s winter conference attendance was DEAR MR. CHAIRMAN: Pursuant to the re- her new NOFA–VT role. ‘‘She did it all at the down across NOFA state chapters. The USDA porting requirements of Section 36(b)(1) of beginning,’’ Lazor said. ‘‘She built this thing organic integrity issues have provoked frac- the Arms Export Control Act, as amended, up through goodwill and positive forces. tures within the organic community, along we are forwarding herewith Transmittal No. She’s a force, but a gentle force.’’ At the with public confusion and distrust.’’ I fear 18–17, concerning the Army’s proposed Let- time, organic standards were not consistent for the future of organic, the splintering ter(s) of Offer and Acceptance to the Govern- state to state, and Wonnacott soon found that’s taking place,’’ she admitted. ment of Turkey for defense articles and serv- herself at the center of a sea change. Wonnacott is also concerned that new ices estimated to cost $3.5 billion. After this Organic was growing rapidly, she recalled: farmers don’t see a need to be certified, not- letter is delivered to your office, we plan to ‘‘Sen. Leahy came to me. There was a lot of ing that Vermont is about to see a huge land issue a news release to notify the public of interest from California to create a level shift and transition between generations. ‘‘I this proposed sale. playing field for interstate trade. He wanted really want beginning farmers to feel there’s Sincerely, to know, ‘What does Vermont think of value in this movement,’’ she said. ‘‘We need CHARLES W. HOOPER, this?’ ’’ Wonnacott and other organic pio- a really strong beginning-farmer wave to re- Lieutenant General, USA, Director. neers were both nervous and hopeful about place the pioneering farmers.’’ Enclosures. federal involvement. ‘‘It’s hard when you’ve It’s fitting in some ways that Wonnacott is been an underdog not to be totally wowed by navigating a transition while also helping TRANSMITTAL NO. 18–17 the attention and money for research and or- many of the farmers with whom she started Notice of Proposed Issuance of Letter of ganic support,’’ she said. It soon became her career navigate their own. She has co-fa- Offer Pursuant to Section 36(b)(1) of the clear, she said, that a national organic pro- cilitated two meetings with the old guard. Arms Export Control Act, as amended gram ‘‘was going to move forward with or ‘‘It’s like deep therapy for all of us,’’ she said without us and we had to put our energy into (i) Prospective Purchaser: Government of with a chuckle. ‘‘These are the farmers who Turkey. making it the best it could be.’’ really inspired me. I wanted to do everything Pragmatism is a Wonnacott hallmark, ac- (ii) Total Estimated Value: I could to make their farms and their lives cording to Megan Camp, vice president and Major Defense Equipment * $1.9 billion successful. That drive has carried me program director at Shelburne Farms. The Other $1.6 billion through, and I could have done it for another two women served together on a statewide Total $3.5 billion 30 years.’’ council alongside diverse agriculture com- (iii) Description and Quantity or Quan- After she steps down in the spring, munity representatives. Tension would occa- tities of Articles or Services under Consider- Wonnacott will stay involved in other ways. sionally arise, Camp acknowledged: ‘‘Some ation for Purchase: She’s training to become an organic inspec- people would pound the table, point fingers. Major Defense Equipment (MDE): tor and will do that part time. She will also Enid would make the same argument firmly, Four (4) AN/MPQ–65 Radar Sets. help out during the pizza-oven season. But but always listening, able to hear multiple Four (4) AN/MSQ–132 Engagement Control mostly, Wonnacott will focus on her health, perspectives.’’ Stations. Wonnacott believes strongly that it her family—husband Harry Frank and their Ten (10) Antenna Mast Groups. doesn’t help to label types of farming as two grown children—and their Huntington Twenty (20) M903 Launching Stations. ‘‘good’’ or ‘‘bad.’’ But she recognizes that her homestead. Eighty (80) Patriot MIM–104E Guidance En- approach has disappointed some. ‘‘We’re a It’s no surprise, though, that Wonnacott hanced Missile (GEM-T) with canisters. really inclusive organization, and that’s been has not stopped dreaming up new, creative Sixty (60) Patriot Advanced Capability–3 really important to me,’’ she said. ‘‘We want ways to support her passions. ‘‘One of my fa- (PAC–3) Missile Segment Enhancement to move all farmers along the sustainability vorite things to do is long-distance walk- (MSE) Missiles. spectrum, never be organic elitist, never say ing,’’ she said, explaining that she has solo- Five (5) Electrical Power Plants (EPP) III. this is the only way you can farm. ‘‘It’s been walked trails around the world, most re- Non-MDE includes: Also included with this a conflict for some staff and some board cently Ireland’s Dingle Way. Wonnacott en- request are communications equipment, members over the years, absolutely,’’ visions a statewide farm-to-farm walk to tools and test equipment, range and test pro- Wonnacott continued. raise awareness of organic agriculture and grams, support equipment, prime movers, This was particularly evident when the community. The Vermont walk would not be generators, publications and technical docu- local food movement gathered momentum, a solo endeavor, however. With her signature mentation, training equipment, spare and re- sometimes at the expense of organic. ‘‘Our warm smile Wonnacott said, ‘‘I have a great pair parts, personnel training, Technical As- tagline has been, ‘Certified organic, locally vision of hundreds of people joining me to sistance Field Team (TAFT), U.S. Govern- grown’—you don’t have to choose,’’ she said. walk for the cause.’’ ment and contractor technical, engineering, But in practice, consumers and farmers set f and logistics support services, Systems Inte- their own priorities. For example, gration and Checkout (SICO), field office Wonnacott explained, if one local farmer ARMS SALES NOTIFICATION support, and other related elements of logis- sells eggs from free-range hens but also feeds Mr. CORKER. Mr. President, section tics and program support. them GMO grain and customers think that’s 36(b) of the Arms Export Control Act (iv) Military Department: Army. good enough, how can the local organic requires that Congress receive prior no- (v) Prior Related Cases, if any: None. (vi) Sales Commission, Fee, etc., Paid, Of- farmer charge the premium price that’s tification of certain proposed arms needed to cover expensive, non-GMO grain? fered, or Agreed to be Paid: None. Wonnacott is playing the long game. She sales as defined by that statute. Upon (vii) Sensitivity of Technology Contained believes that collaboration and mutual sup- such notification, the Congress has 30 in the Defense Article or Defense Services port are critical to sustaining agriculture in calendar days during which the sale Proposed to be Sold: See Attached Annex.

VerDate Sep 11 2014 10:11 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.073 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7913 (viii) Date Report Delivered to Congress: TRANSMITTAL NO. 18–17 this critical juncture in our Nation’s December 18, 2018. Notice of Proposed Issuance of Letter of history. Admiral Maguire has a long * As defined in Section 47(6) of the Arms Offer Pursuant to Section 36(b)(1) of the and impressive record of achievement Export Control Act. Arms Export Control Act and of service to his country, and I ap- Annex Item No. vii POLICY JUSTIFICATION plaud his willingness to once again re- (vii) Sensitivity of Technology: turn to public service after completing Turkey—Patriot Missile System and Related 1. The Patriot Air Defense System con- a Navy career that spanned 36 years, Support and Equipment tains classified CONFIDENTIAL hardware including as the commander of Naval Turkey has requested the possible sale of components, SECRET tactical software and Special Warfare Command. four (4) AN/MPQ–65 Radar Sets, four (4) En- CRITICAL/SENSITIVE technology. Patriot The National Counterterrorism Cen- gagement Control Stations, ten (10) Antenna ground support equipment and Patriot mis- ter is the U.S. intelligence commu- Mast Groups (AMGs), twenty (20) M903 sile hardware contain CONFIDENTIAL com- nity’s premier organization for track- ponents and the associated launcher hard- Launching Stations, eighty (80) Patriot ing and countering the continuing MIM–104E Guidance Enhanced Missiles ware is UNCLASSIFIED. The items requested represent significant technological threat from terrorism. Our country (GEM–T) missiles with canisters, sixty (60) still has men and women on the PAC–3 Missile Segment Enhancement (MSE) advances for Sweden Patriot. The Patriot missiles, and five (5) Electrical Power Plant Air Defense System continues to hold a sig- frontlines in the fight against extrem- (EPP) III. Also included with this request are nificant technology lead over other surface- ist groups, and they must get it right communications equipment, tools and test to-air missile systems in the world. each hour of every day to ensure the equipment, range and test programs, support 2. The Patriot sensitive/critical technology safety and security of their fellow equipment, prime movers, generators, publi- is primarily in the area of design and produc- Americans. cations and technical documentation, train- tion know-how and primarily inherent in the As Admiral Maguire and I have dis- ing equipment, spare and repair parts, per- design, development and/or manufacturing data related to certain components. The list cussed, our counterterrorism capabili- sonnel training, Technical Assistance Field ties are greatly strengthened by our re- Team (TAFT), U.S. Government and con- of components is classified CONFIDENTIAL. 3. Information on system performance ca- lationships with the allies and partners tractor technical, engineering, and logistics with whom we have fought shoulder-to- support services, Systems Integration and pabilities, effectiveness, survivability, mis- Checkout (SICO), field office support, and sile seeker capabilities, select software/soft- shoulder since September 11, 2001, in other related elements of logistics and pro- ware documentation and test data are classi- this struggle. This is why it is impor- gram support. The total estimated program fied up to and including SECRET. tant for the United States to hold onto cost is $3.5 billion. 4. If a technologically advanced adversary and strengthen our traditional alli- were to obtain knowledge of the hardware ances such as NATO— and not to heed- This proposed sale will contribute to the and software elements, the information foreign policy and national security of the could be used to develop countermeasures or lessly undermine them. United States by improving the security of a equivalent systems which might reduce sys- I am satisfied by the ironclad com- key NATO Ally on the front lines of the fight tem effectiveness or be used in the develop- mitments Admiral Maguire gave to the against terrorism. Turkey is a member of ment of a system with similar or advanced Senate Intelligence Committee during and critical enabling platform for the De- capabilities. his confirmation hearing to ensuring feat-ISIS campaign and continues to be an 5. A determination has been made that that the men and women serving under essential element of our National Security Turkey can provide substantially the same him will always be empowered to as- Strategy and National Defense Strategy ef- degree of protection for the sensitive tech- sess and analyze intelligence free from forts to compete against great powers in nology being released as the U.S. Govern- both Europe and the Middle East. The TPY– political interference. He has also comment. This sale is necessary in furtherance mitted to present these assessments to 2 radar site that Turkey hosts is important of the U.S. foreign policy and national secu- to the European Phased Adaptive Approach rity objectives outlined in the Policy Jus- those in leadership positions free of and to efforts to protect Allies and partners tification. any political considerations. In short, against growing Iranian ballistic missile 6. All defense articles and services listed in he has committed to ‘‘speak truth to threats. This sale is consistent with U.S. ini- this transmittal have been authorized for re- power,’’ and I expect him to live up to tiatives to provide key allies with modern lease and export to Turkey. these commitments. systems capable of being networked to de- CERTIFICATION PURSUANT TO § 620C(D) OF THE This is especially important at a fend against regional instability. The pro- FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED time when we have sometimes seen posed sale will enhance Turkey’s interoper- ability with the United States and NATO, Pursuant to Section 620C(d) of the Foreign those in power unjustifiably belittle making it a more valuable partner in an in- Assistance Act of 1961, as amended (the Act), and denigrate our Intelligence Commu- creasingly important area of the world. Executive Order 12163 and State Department nity and law enforcement agencies. Delegation of Authority No. 293–2, I hereby I trust that Admiral Maguire and Turkey will use Patriot to improve its mis- certify that the furnishing to Turkey of four sile defense capability, defend its territorial those he leads at the NCTC will con- Patriot systems is consistent with the prin- tinue to selflessly work day and integrity, and deter regional threats. The ciples contained in Section 620C(b) of the proposed sale will increase the defensive ca- night—whether on the 24/7 watch floor Act. or on the front lines, to protect the pabilities of the Turkey military to guard This certification will be made part of the against hostile aggression and shield NATO notification to Congress under Section 36(b) United States and our allies from the Allies who might train and operate within of the Arms Export Control Act, as amended, terrorist threat. I salute him for step- Turkey’s borders. Turkey should have no dif- regarding the proposed sale of the above- ping up to this challenging task. ficulty absorbing this system into its armed named articles and services and is based on f forces. the justification accompanying such notifi- The proposed sale of this equipment and cation, of which such justification con- STRENGTHENING COASTAL support will not alter the basic military bal- stitutes a full explanation. COMMUNITIES ACT OF 2018 ance in the region. ANDREA THOMPSON, Mr. BARRASSO. Mr. President, The prime contractors will be Raytheon Under Secretary of State. today the Senate passed H.R. 5787, the Corporation in Andover, Massachusetts, and f Strengthening Coastal Communities Lockheed-Martin in Dallas, Texas. The pur- Act of 2018, by unanimous consent. CONFIRMATION OF JOSEPH chaser requested offsets. At this time offset This legislation adds new acres to the MAGUIRE agreements are undetermined and will be de- Coastal Barrier Resources System, fined in negotiations between the purchaser Mr. WARNER. Mr. President, I and contractors. which Congress established through bi- wholeheartedly support the nomina- partisan legislation in 1982. Implementation of this proposed sale will tion of VADM Joseph Maguire to be I yield to my distinguished colleague, require approximately 25 U.S. Government the Director of the National Counter- and 40 contractor representatives to travel the Senator from Delaware, ranking to Turkey for an extended period for equip- terrorism Center, NCTC. Had I been member of the Environment and Public ment de-processing/fielding, system check- able to cast my vote today, it would Works Committee. out, training, and technical and logistics have been to support this exceptional- Mr. CARPER. Mr. President, I thank support. nominee. my distinguished colleague, the Sen- There will be no adverse impact on U.S. de- The Director of the NCTC is one of ator from Wyoming, chairman of the fense readiness as a result of this proposed the most important positions in the in- Environment and Public Works Com- sale. telligence community, especially at mittee. The Coastal Barrier Resources

VerDate Sep 11 2014 10:11 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.082 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7914 CONGRESSIONAL RECORD — SENATE December 19, 2018 Act is an important, free-market con- maps, the assistance of various digital Senator BILL NELSON, who will leave servation tool that does not regulate tools and data may be needed in order the Senate after 18 years of service in how people develop their land, but to ensure that the U.S. Fish and Wild- the Senate and over 40 years as a pub- transfers the full cost of developing in life Service makes accurate determina- lic official in the State of Florida. risky, environmentally sensitive areas tions. Congress intends that those de- Abigail Adams once asked, ‘‘If we do from taxpayers to the individual choos- terminations are based on a printed, not lay out ourselves in the service of ing to develop. The Coastal Barrier Re- hard copy version of an applicable dig- mankind whom should we serve?’’ sources System also provides much- ital map. Throughout his career, Senator NELSON needed habitat for our Nation’s treas- Mr. CARPER. Mr. President, I thank worked to make life better for the peo- ured wildlife, including federally my colleague for his confirmation of ple of Florida and the United States. threatened Red Knot birds in Delaware. my understanding. In conclusion, I also Florida and Pennsylvania share a dis- H.R. 5787 adds approximately 18,000 want to thank my colleague for work- tinction in having among the largest acres along the Delaware, North Caro- ing with me and all of our colleagues to percentage of seniors in their States lina, South Carolina, and Florida enact this bipartisan legislation into and therefore millions of Medicare coasts to the Coastal Barrier Resources law. During a time of frequent partisan beneficiaries. Through his work on the System, protecting these barrier is- gridlock, I am proud of the work of the Finance Committee, Senator NELSON lands, beaches, wetlands, and aquatic U.S. Senate Committee on Environ- pushed to guarantee that Medicare pro- habitat from federally funded development and Public Works for shepherding vided quality care to our seniors and ment. agreement on many important issues, people with disabilities. Senator NEL- H.R. 5787 also corrects an error that including this one. SON worked every day to ensure that placed part of Bethany Beach, in my Thank you. our government kept the original promise President Johnson made in great State of Delaware, within the f Coastal Barrier Resources System. The 1965 to guarantee quality, affordable U.S. Fish and Wildlife Service discov- TRIBUTE TO ORRIN HATCH healthcare for beneficiaries. ered this error during a Coastal Barrier Mr. CASEY. Mr. President, today I Florida has a coastline of 1,350 miles, Resources System digital mapping wish to pay tribute to my colleague and BILL NELSON understood that the pilot project, which Congress directed Senator ORRIN HATCH and his more beaches and the oceans needed to be the U.S. Fish and Wildlife Service to than 40 years of public service. Only protected from offshore drilling and undertake in 2000. five U.S. Senators have served longer pollution. Current and future genera- Digital mapping has enabled the U.S. than Senator HATCH, and he is one of tions of Floridians and others who visit Fish and Wildlife Service to greatly the few who have served as President the State will enjoy the benefits of improve mapping accuracy as the Serv- Pro Tempore of the Senate, an honor Senator NELSON’s work in fighting to ice updates outdated maps and makes given to the longest serving Member of maintain and enhance those protec- determinations about whether prop- the majority party. Some may not tions. Senator NELSON has also been a lead- erties fall inside or outside the Coastal know this, but ORRIN HATCH was born er in the areas of science and space. As Barrier Resources System. However, as and raised in Pittsburgh, PA. He at- a former astronaut who journeyed into our colleagues in the U.S. House of tended the University of Pittsburgh space in 1986 on the space shuttle Co- Representatives drafted H.R. 5787, con- Law School and practiced law in the lumbia, Senator NELSON understood the cerns arose regarding the security and city before moving to Utah years be- importance of exploration and dis- fore his election to the Senate. permanency of digital maps. covery and never stopped imagining To address these concerns, the U.S. Senator HATCH has too many legisla- what is possible. House of Representatives included sec- tive accomplishments to list, but I will We will miss Senator NELSON in this tion 3 in H.R. 5787. However, this legis- focus on one that is so important to Chamber, and we thank him for his lation is not intended to prevent the our family, the Children’s Health In- decades of service on behalf of the peo- U.S. Fish and Wildlife Service from surance Program. Nelson Mandela once ple of Florida and our Nation. We have using various digital tools, digital said, ‘‘There can be no keener revela- no doubt that he will continue to find data, and digital maps to help imple- tion of a society’s soul than the way in ways to make a difference and serve ment the Coastal Barrier Resources which it treats its children.’’ The Chil- our country in the years ahead. Act. dren’s Health Insurance program, f I would ask if my distinguished col- known by the acronym CHIP, is a league, the Senator from Wyoming, prime example of when our Nation TRIBUTE TO JEFF FLAKE chairman of the Environment and Pub- took an important step forward to care Mr. CASEY. Mr. President, today I lic Works Committee, could confirm for our children. Senator HATCH wish to pay tribute to my colleague, my understanding about the use of dig- worked with our former colleague Sen- Senator JEFF FLAKE. First in the ital maps under H.R. 5787? ator Ted Kennedy and others to ensure House of Representatives and later in Mr. BARRASSO. Mr. President, the that children from low-income families the U.S. Senate, JEFF FLAKE has served Senator from Delaware is correct about who were not eligible for Medicaid had the people of Arizona and the Nation this use of digital maps. Under H.R. access to healthcare. CHIP holds a spe- for over 15 years. 5787, Congress does not intend to pre- cial place in my heart as well because Senator FLAKE has a strong record of vent the use of these tools or data to my father, Governor Robert P. Casey, supporting democracy at home and assist in the implementation of the signed into law one of the first chil- abroad, finding areas of compromise on Coastal Barrier Resources Act. Con- dren’s health insurance programs in difficult issues like immigration re- gress intends to ensure the integrity of the Nation in 1992. Pennsylvania’s form and making sure our Nation the system maps and the rule of law. CHIP served as the model for the na- keeps its promise to veterans. Senator Congress intends that the U.S. Fish tional program that today provides FLAKE has been a leader on immigra- and Wildlife Service be permitted to healthcare to nearly 10 million chil- tion reform efforts, and he has worked continue to make determinations as to dren. tirelessly to find a path forward to ad- whether a location is inside or outside We will miss Senator HATCH here, but dress the needs of our immigration sys- of the Coastal Barrier Resources Sys- he leaves the Senate knowing that his tem. In 2013, Senator FLAKE was one of tem with the assistance of Geographic work has positively impacted the lives the lead authors of bipartisan immigra- Information Systems and any digital of millions of Americans. We wish Sen- tion reform legislation that would have boundary data that were used to create ator ORRIN HATCH well as he returns to modernized our immigration system, the Coastal Barrier Resources System Utah. secured our borders, and provided a maps. f tough but fair path to citizenship for In cases where properties or project undocumented immigrants in our coun- sites are located close to a system TRIBUTE TO BILL NELSON try. Through his position in the Senate boundary, due to the scale of the offi- Mr. CASEY. Mr. President, today I Committee on Foreign Relations, Sen- cial maps or age of the underlying base wish to pay tribute to my colleague, ator FLAKE has advocated for policies

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.075 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7915 that promote democracy, economic veterans, giving them a voice, and Committee on Aging, where I have wit- growth, and quality of life improve- holding the VA accountable through nessed his dedication to protecting the ments for people around the world. the Veterans’ Customer Satisfaction rights of older Americans. Senator Here at home, Senator FLAKE has Program she designed. This program DONNELLY has worked to protect Medi- helped veterans in Arizona receive as- allows veterans to provide anonymous care, to guarantee senior citizens’ sistance and recognition from the Fed- feedback on their healthcare treatment healthcare options are not restricted. eral Government. at VA facilities across the country. Senator DONNELLY and I also served In recent years, JEFF FLAKE has been Senator MCCASKILL has also been a together on the Senate Committee on a leading voice in speaking up for the champion for seniors. She used her po- Agriculture, Nutrition, and Forestry institution of the Senate and its role as sition on the Special Committee on where he introduced the Federal Water part of a coequal branch of government Aging to investigate fraudulent Medi- Quality Protection Act to protect the with the executive’ branch. He has care bills and an IRS-impersonation interest of our farmers by requiring the sought to hold Presidents of both par- scheme to ensure seniors have access EPA to consult with them to ensure ties accountable as a Member of the to quality healthcare and a financially every American has access to clean Senate. stable retirement. I had the honor of water. We will miss Senator FLAKE in the succeeding her as ranking member of Senator DONNELLY’s dedication to Senate next year, but I have no doubt the Aging Committee and have worked our servicemen and women was second that he will continue to find ways to to continue her focus on protecting to none. The first bill he introduced as serve his State and our Nation in the seniors from scam artists. a U.S. Senator, the Sexton Act, has im- years ahead. We wish him well in that Finally, Senator MCCASKILL’s work proved mental health services by re- endeavor. on the Victims Protection Act of 2014 quiring all Active servicemembers re- f is a shining example of her commit- ceive a yearly mental health screening. TRIBUTE TO BOB CORKER ment to protecting the wellbeing of our I will miss working with JOE DON- Mr. CASEY. Mr. President, today I servicemembers who have endured the NELLY in the next Congress, but I am wish to pay tribute to my colleague horror of sexual assault in the mili- certain he will continue to find a way tary. When many in power choose to to serve the people of Indiana and our Senator BOB CORKER, who will be retiring from the Senate this year. Senator stand down, CLAIRE stands up for sur- Nation in the years ahead. We wish vivors. CORKER and I were both elected in 2006. him well in those endeavors. The Senate, and especially the class He was the only Republican in a class f of 10 new Senators. of 2006, will miss Senator CLAIRE Through his years of service on the MCCASKILL in this Chamber, but I have TRIBUTE TO HEIDI HEITKAMP no doubt that she will find a way to use Foreign Relations Committee, most re- Mr. CASEY. Mr. President, today I cently as its chairman, BOB CORKER her extraordinary skills to help those who are powerless. wish to pay tribute to my colleague, worked to build a better world. For ex- Senator HEIDI HEITKAMP, who will be ample, Senator CORKER worked with Thank you, CLAIRE, for your years of public service. leaving the Senate at the end of this me and several of his Republican col- year. During her time in the U.S. Sen- leagues on global food security. Sen- f ate, HEIDI never failed to remind us ator CORKER worked with Senator TRIBUTE TO DEAN HELLER that we are blessed to serve here, to ISAKSON and me to pass the Global Mr. CASEY. Mr. President, today I help others, and move our Nation for- Food Security Act in 2016. This bill, ward. first introduced by Senator Lugar of wish to speak about my colleague, Sen- ator DEAN HELLER, who will leave the As a member of the Committee on Indiana in 2008, allowed us to take a Agriculture, Nutrition, and Forestry, more strategic approach to foreign as- Senate at the end of this year after Senator HEITKAMP worked tirelessly on sistance and how we help to combat more than a decade of combined serv- the farm bill, making sure it included poverty and hunger around the world. ice in the House of Representatives and provisions such as crop insurance to as- Senator CORKER’s work played an im- the Senate. sure continuity of the quality Amer- portant role in creating a better future During this time, DEAN HELLER has ican agricultural products. for millions around the world. worked to guarantee that our veterans As he retires from the Senate, we have what they need when they return Through her service on the Banking, Housing, and Urban Affairs Committee, thank BOB CORKER for his years of serv- home. As a member of the Veterans Af- ice and his commitment to the idea fairs Committee, Senator HELLER Senator HEITKAMP worked across the that America should be a force for good worked to increase access to care for aisle, delivering bipartisan housing fi- in the world. veterans and fought to guarantee that nance legislation that protects Ameri- cans from financial crises and pre- f the Veterans Administration provides high-quality services across Nevada’s serves 30-year fixed mortgage rates. TRIBUTE TO CLAIRE McCASKELL widespread rural communities. I Through her work on the Indian Af- Mr. CASEY. Mr. President, today I worked with Senator HELLER to reduce fairs Committee, Senator HEITKAMP wish to pay tribute to my colleague, the VA disability claims backlog and has been a champion for Native Amer- CLAIRE MCCASKILL. CLAIRE and I came improve accountability at the Veterans ican and women’s rights. She created a to the Senate together in January 2007, Administration. commission on Native children to ad- and she has served the people of Mis- We thank Senator HELLER for his dress many of the challenges faced by souri and the United States with disservice in the Senate and know he will Native American communities, includ- tinction for the past 12 years. continue to find ways to serve the peo- ing access to healthcare and education. Former Supreme Court Justice Louis ple of Nevada. In order to combat human trafficking Brandeis once remarked, ‘‘Sunlight is f and violence against women, Senator said to be the best of disinfectants.’’ HEITKAMP introduced Savanna’s Act to TRIBUTE TO JOE DONNELLY When I consider CLAIRE’s service and create a platform for data collection her work on both the Special Com- Mr. CASEY. Mr. President, today I and sharing for best-practice response mittee on Aging and the Homeland Se- wish to pay tribute to my colleague, protocols. curity and Government Affairs Com- Senator JOE DONNELLY, who will leave Through her work on the Small Busi- mittee, I am reminded of Justice the Senate at the end of this year. Dur- ness and Entrepreneurship Committee, Brandeis’s words. Senator MCCASKILL ing his time in the U.S. Senate, Sen- Senator HEITKAMP promoted investing was tireless in her efforts to shed light ator DONNELLY has worked tirelessly in small business to boost the Amer- on policies and practices that hurt sen- for our seniors, our servicemembers ican economy. One example is the iors, veterans, and the vulnerable in and middle-class families in Indiana SEED Act, which she introduced to in- our Nation. and across our country. crease early stage investment to foster For example, Senator MCCASKILL has I have had the pleasure of serving be- the growth of small businesses and been a strong advocate of empowering side Senator DONNELLY on the Special startups.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.076 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7916 CONGRESSIONAL RECORD — SENATE December 19, 2018 Senators are often described as work- The Fraternal Order of Police is the larg- mission on Law Enforcement and the Admin- horses or showhorses. Without ques- est law enforcement labor organization in istration of Justice (Commission) to examine tion, Senator HEITKAMP is a workhorse, the United States with more than 345,000 criminal justice issues in a broader and more and she leaves behind a legacy of ac- members. strategic fashion. While the First Step Act aims to provide a solution to one of the complishment that will continue to INTERNATIONAL ASSOCIATION OF many issues we are currently facing, it is not benefit the people of North Dakota and CHIEFS OF POLICE, the ultimate fix to the multitude of issues all Americans for many years to come. Alexandria, VA, November 11, 2018. confronting the criminal justice system. To We thank her for her service, and we President DONALD J. TRUMP, move forward in a systematic way that pro- wish her well. The White House, vides cross-cutting solutions for multiple disciplines and issues, we need the Commis- f Washington, DC. DEAR PRESIDENT TRUMP: On behalf of the sion to serve as the catalyst for a long over- FIRST STEP ACT International Association of Chiefs of Police due strategic blueprint. Again, we appreciate Mr. GRASSLEY. Mr. President, I ask (IACP), the world’s largest organization of the commitment from the White House to law enforcement executives, I am writing in work towards the Commission’s establish- unanimous consent that these letters support of the updated version of the First ment, which has been one of the IACP’s top be printed in the RECORD for S. 3649, a Step Act. We applaud you and your Adminis- priorities for more than two decades. bill to provide for programs to help re- tration for your commitment to law enforce- On behalf of our more than 30,000 members, duce the risk that prisoners will ment and to making lasting reforms to our thank you again for working with the IACP recidivate upon release from prison, criminal justice system. on this important issue. We look forward to and for other purposes. As you are aware, the IACP was supportive continuing to work together as this legisla- There being no objection, the mate- of the originally introduced First Step Act, tion moves through the process. rial was ordered to be printed in the but did have some feedback on changes that Sincerely, would further enhance the legislation. Your PAUL M. CELL, RECORD, as follows: Administration worked with the IACP IACP President. NATIONAL FRATERNAL ORDER OF POLICE, throughout this process to solicit our feed- Washington, DC, November 9, 2018. back and we applaud both you and your Ad- NATIONAL ORGANIZATION OF BLACK FOP PARTNERS WITH PRESIDENT TRUMP ON ministration for ensuring that this legisla- LAW ENFORCEMENT EXECUTIVES, CRIMINAL JUSTICE REFORM tion achieves a proper balance of maintain- Alexandria, VA, November 11, 2018. REVISED AND AMENDED FIRST STEP ACT TO BE ing public safety while providing rehabilita- The PRESIDENT, INTRODUCED NEXT WEEK tion services and early release incentives to The White House, Chuck Canterbury, National President of qualified federal prisoners. Washington, DC. the Fraternal Order of Police, announced his The First Step Act contains several meas- DEAR MR. PRESIDENT: On behalf of the Na- support today for legislation developed by ures intended to more effectively rehabili- tional Organization of Black Law Enforce- the Administration to make important re- tate prisoners so that they are less likely to ment Executives (NOBLE), our Executive forms to our nation’s criminal justice sys- reoffend after release and, thereby, are less Board, local chapters, and members, I am tem. likely to cause additional harm to society. writing to express support for the FIRST ‘‘The President and his team have been These measures include education, job train- STEP Act (S. 2795/H.R. 5682). We applaud the working hard on this issue since Inaugura- ing, and other personal development pro- White House and Congress for soliciting feed- tion Day,’’ Canterbury said. ‘‘From the out- grams, along with incentives, such as good back from NOBLE and the law enforcement set, they let us know they wanted our input time credits, to participate in these opportu- community in finalizing the content of this because this effort could not succeed without nities. The proposed legislation includes an very important legislation. We feel the our support. We are proud to announce that expanded list of 49 convictions that would FIRST STEP Act strikes a balance between by working together with the Administra- ensure that truly dangerous offenders are in- maintaining public safety while improving tion and leaders on Capitol Hill we have a eligible to receive time credits. In addition, re-entry, rehabilitation, workforce training bill that will make our streets and neighbor- the IACP is also pleased that the revised leg- programs, and sentencing. hoods safer, our police will be better pro- islation contains provisions that ensure that It is NOBLE’s hope that this legislation tected and improve the ability of our crimi- certain sentencing reform provisions, unre- strengthens bi-partisan efforts in reforming this nation’s criminal justice system to en- nal justice system to effectively rehabilitate lated to the Fair Sentencing Act, can only be sure equity in the administration of justice. offenders.’’ applied prospectively thereby achieving the The legislation, entitled the ‘‘First Step proper balance between reform and main- Our organization joins many law enforce- Act,’’ would establish a comprehensive risk taining public safety. ment leaders in the belief that America can and needs assessment tool to provide an indi- Once introduced in the Senate, the IACP reduce incarceration levels while also reduc- vidual profile of all Federal inmates. Those looks forward to working with Congress to ing crime. Lastly, we encourage the White House and offenders deemed to be at low risk to continue to fine tune the legislation. A key Congress to continue to explore the estab- recidivate would be given incentives and ac- item that we would like to see addressed is lishment of a National Criminal Justice cess to evidence-based recidivist reduction a notification system that will alert state Commission. The purpose of this commission programs to better prepare them to return to and local law enforcement agencies and their would be to undertake a comprehensive re- their neighborhoods and become productive communities when a rehabilitated offender view of the criminal justice system. members of the community. is released into their jurisdiction. Ensuring We thank all parties who helped in the de- ‘‘By individually targeting those offenders proper notification will enable law enforce- velopment of the FIRST STEP Act (S. 2795/ with the lowest risk to re-offend, law en- ment and our communities to be aware when H.R. 5682) and look forward to working col- forcement and correctional officers can bet- a rehabilitated offender returns. Addition- laboratively in ensuring equal protection ter focus their resources,’’ Canterbury ex- ally, while the IACP agrees that a portion of under the law for all Americans. plained. ‘‘The FOP played a key role in mak- the savings associated with the reduction in Sincerely, ing sure that truly dangerous offenders, like recidivism resulting from this legislation be VERA BUMPERS, those who commit crimes while armed and invested back into the Bureau of Prisons to National President, NOBLE. those who traffic in deadly narcotics like continue evidence-based recidivism reduc- fentanyl, are ineligible to participate in the tion programs, it is also essential that a por- November 13, 2018. First Step program.’’ tion of the savings be invested back into fed- The legislation also contains certain sen- eral, state, and local law enforcement. Re Police Perspective: FIRST STEP Act (S. tencing reforms. The FOP engaged with our In addition, further enhancements could be 2795) & Sentencing Reform. allies on Capitol Hill to make sure these made to the safety valve language. Before Hon. DONALD J. TRUMP, changes are prospective and would not, ex- being eligible for any safety valve provision, The White House, cept in the case of the existing Fair Sen- it is imperative that all pertinent informa- Washington, DC. tencing Act, be applied retroactively. The tion and most importantly, information DEAR PRESIDENT TRUMP: I write to you bill also contains an FOP-backed provision from local authorities be reviewed. The facts today as Executive Director of Law Enforce- that would improve the safety of our Federal and circumstances of the original sen- ment Leaders to Reduce Crime & Incarcer- correctional officers carrying firearms under tencing, including a review of any prior ation, a bipartisan group of more than 200 the auspices of the Law Enforcement Offi- criminal conduct or any other relevant infor- current and former law enforcement officers’ Safety Act. mation from federal, state and local authori- cials. ‘‘We have been proud to be a partner in ties should be considered before a determina- Today, our nation faces new criminal jus- this effort with President Trump and are tion is made regarding a reduction in sen- tice challenges, including a rise in opioid grateful for his leadership and for his con- tence. overdoses, an uptick in homicides in some stant and unwavering support for law en- Finally, and most importantly, the IACP is cities, and strained police-community rela- forcement,’’ Canterbury said. ‘‘We look for- pleased with the acknowledgement and com- tions. While there is no one-size-fits-all solu- ward to working with him and with Congress mitment from the Administration that there tion, we as leaders in law enforcement feel to get this bill to his desk.’’ is a true need to establish a National Com- compelled to share our views on how passing

VerDate Sep 11 2014 10:11 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.079 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7917 prison and sentencing reform together is treatment and rehabilitation, rising recidi- ware program designed to help incar- vital to keeping our nation safe. vism rates will continue to persist. cerated individuals reintegrate into so- First, I wanted to share our briefing memo While the legislation makes its way to the ciety upon release. This tool is in- Senate, NDAA plans to continue engaging explaining how the FIRST STEP Act and tended to take into account a person’s sentencing reform will improve public safe- with your staff and law enforcement stake- ty. Americans trust us, as law enforcement holders to improve the language in the re- ability to earn time off their sentence, officers, to both secure the safety of their vised First Step Act. Specifically, our orga- how likely a person is to reoffend, their communities and advise policymakers on nization is working to ensure any reinvest- most effective treatment plan, access how to advance that goal. We hope this in- ment of savings generated because of front- to resources like educational and work formation helps ease any concerns sur- end sentencing reform provisions is invested programs, and their housing assign- rounding the bill Our position is also in line back into state and local law enforcement ment after release. with that of the Fraternal Order of Police, and prosecutor agencies to prevent crime, I am fully in support of fresh ideas. which recently endorsed bipartisan efforts target drug trafficking operations, train law Ones that can help individuals reenter toward justice reform. enforcement and prosecutors in the field and society are important and this bill con- Second, I wanted to share our previous let- respond to other emerging issues within the ter supporting the FIRST STEP Act and sen- criminal justice system. tains a lot of them. But the fact is, tencing reform sent to leaders in Congress, Our members continue to call for a new some existing software programs, simi- explaining the necessity of passing sen- commission to explore issues across the lar to the one proposed in this legisla- tencing and prison reform together to reduce criminal justice system to ensure law en- tion, have been plagued by racial and recidivism and increase fairness. Over 60 of forcement and prosecutors can protect the class bias. Inherently biased software our members signed onto this letter, writing communities they serve and respond to and algorithms can harm the vulner- everywhere from Virginia to New Orleans to emerging issues in the field. In partnership able, especially if they are not de- Iowa, to share their views. I have expressed with your administration, we hope to make ployed and monitored carefully. Over- similar views in the The Hill, with Wash- that call a reality. As part of that commis- ington Police Chief Peter Newsham. sion, it is imperative that the local pros- sight is necessary to ensure the FIRST We are grateful for your unwavering lead- ecutor perspective is represented as the legal STEP Act reforms, once implemented, ership in prioritizing public safety and the end of the criminal justice system con- do not inadvertently establish a new critical issues facing law enforcement. I hope tinuum. Without it, a comprehensive review form of the same old discrimination. we can work together toward bipartisan re- of the broader stakeholder system is incom- Some safeguards have been put in forms. plete. NDAA looks forward to having one of place to ensure this software is devel- Respectfully yours, our members bring the state and local pros- oped without those biases. That in- RONAL SERPAS, ecutor’s valuable perspective to the table cludes establishing specific trans- Executive Director, Law Enforcement Leaders once the commission is established. parency requirements and an inde- to Reduce Crime & Incarceration. We appreciate your efforts, as well as the Former Police Superintendent, New Orleans, efforts of a bipartisan group of Members of pendent review committee made up of Louisiana. Congress and staff, to ensure the American experts to advise the process. The rest Former Police Chief, Nashville, Tennessee. criminal justice system is continually im- is up to oversight. I am committed to proved upon and seen as a model for innova- closely monitoring how these reforms NATIONAL DISTRICT tive and cutting-edge programming that we are implemented and put into practice. ATTORNEYS ASSOCIATION, see in our own members’ offices every day. Given the broad support this legisla- November 13, 2018. Thank you for working with the Nation’s tion has on both sides of this body, I President DONALD J. TRUMP, prosecutors and NDAA on this historic ef- am hopeful that Democrats and Repub- The White House, fort. Washington, DC. Sincerely, licans alike will be able to work to- DEAR PRESIDENT TRUMP: On behalf of the JONATHAN BLODGETT, gether to ensure it is implemented the National District Attorneys Association President. right way. (NDAA), the largest prosecutor organization Mr. WYDEN. Mr. President, this Mr. SULLIVAN. Mr. President, I wish in the country representing 2,500 elected and to voice my concern over the passage appointed District Attorneys as well as 40,000 week, with my support, the Senate passed the FIRST STEP Act of 2018. of the FIRST STEP Act, a bill that Assistant District Attorneys, who collec- would reduce prison sentences for some tively prosecute around 95 percent of the This is a groundbreaking step toward Federal offenders, and to explain to the crime in the United States, I write to sup- long overdue criminal justice reform in public why I did not vote for the bill. port the revised First Step Act. This legisla- our country. Too many people have un- tion is a bipartisan effort to address front- First, I want to say that I agree with necessarily spent decades behind bars some of the provisions of the act. end sentencing reform and back-end prison for nonviolent offenses or because of reform, and our association is appreciative of For too long, we have been putting your efforts to partner with the Nation’s disproportionately harsh mandatory low-level drug offenders behind bars for prosecutors on this important matter. minimum sentences. When these indi- exorbitant periods of time, without a NDAA previously supported the Sen- viduals are finally released, if ever, focus on rehabilitation. This has ruined tencing Reform & Corrections Act (SRCA) they are met with loads of challenges lives, irrevocably damaged our commu- during the last Congress as a carefully craft- stemming from the lack of rehabilita- nities, and cost the taxpayer dearly. ed bipartisan compromise. After weeks of tive help available before and after I support data-driven antirecidivism discussions with White House and Senate Ju- their release. diciary Committee staff, our organization is programs. I support helping people who The FIRST STEP Act begins to ad- have served their time to lead produc- confident that the revised First Step Act dress these issues. It allows for less strikes an appropriate balance between ad- tive lives. I support using our prisons dressing the needs of the current Federal prison time for nonviolent offenders, as a place to punish violent perpetra- prison population while ensuring criminals reduces harsh mandatory minimums, tors and serious drug offenders. are penalized appropriately. works to eliminate some racial dispari- But this bill simply goes too far for Tasked with the constitutional duty of ties in sentencing, provides for mean- the people of my State. What is hap- protecting the communities we serve from ingful education and job-training pro- pening currently in Alaska should bad actors while seeking justice for victims grams for inmates, and raises the serve as an example of the negative of crime and protecting the innocent, our chances that the incarcerated return to members are acutely aware of the need for consequences resulting from a far- reforms to our criminal justice system. As society for good. In short, this legisla- reaching criminal justice reform bill. currently written, the revised First Step Act tion is an important and overdue Let me spend a few minutes talking includes much needed prison reform provi- course correction from laws that, for about Alaska’s experience with crimi- sions that will provide the Bureau of Prisons years, created and amplified serious in- nal justice reform. (BOP) with the guidance and resources to as- equities in our criminal justice system. In 2016, then Governor Walker signed sist in lowering recidivism rates for low-risk However, the FIRST STEP Act is not into a law a criminal reform bill, prisoners. Further, the addition of four sen- perfect. I would like to offer a few known in Alaska as SB91. The bill was tencing reform provisions takes a precision- thoughts on a particular component of similar to many similar bills passed in like approach to sentencing guidelines asso- the legislation. This legislation re- ciated with certain crimes. Absent meaning- 30 States across the country. ful sentencing reform, where the truly dan- quires that the Attorney General de- It was more sweeping than the Fed- gerous are locked up for an appropriate pe- velop what is called an evidence-based eral bill we are debating today, but it riod of time and those with addiction or risk and needs assessment tool. If all has served as a model for this Federal mental health issues have the chance for goes right, it will be a data-driven soft- bill in front of us.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.096 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7918 CONGRESSIONAL RECORD — SENATE December 19, 2018 Its main focus was on antirecidivism early. Criminals who are serving prison rent situation: spiking crime rates and measures and reserving prison space time for trafficking cocaine, heroin, or an ongoing opioid and drug crisis. Vot- for the truly dangerous criminals while meth could get out early, so could ing to lessen prison time for any con- showing leniency for certain ‘‘low-risk those who assaulted a law enforcement tributing offenders could compound the offenders,’’ just as the FIRST STEP officer and those who have committed problem. I could not take that risk. Act does. certain violent assaults. In some States, it has worked well, Perhaps most troubling, this bill f and I hope that the FIRST STEP Act would reduce enhanced sentencing for AGRICULTURE IMPROVEMENT ACT works as those who supported it be- repeat drug offenders, including for OF 2018 lieve it will, but I am not convinced be- methamphetamine, heroin, and cause, in my State, it hasn’t. fentanyl, three drugs that are more Ms. STABENOW. Mr. President, the Our criminal reform law hit Alaska prevalent in my State. 2018 farm bill was a true bipartisan vic- right as we were going through a reces- The recent statistics in Alaska on tory, and I am very proud of the his- sion caused by low oil prices and the drug seizures paint a grim picture toric vote Senator ROBERTS and I were fact that the Obama administration about our drug crisis in my State. I able to achieve on this bill. It serves as locked up Alaska lands which hurt cannot risk allowing these perpetra- an example of how Congress, on a bi- thousands of working men and women tors, some of whom might make their partisan basis, can produce important and their families. way to Alaska, such leniency. legislation through debate and com- It was also during this time that the As I have said, we have been laser-fo- promise. On the Agriculture, Nutrition, opioid and drug crisis hit our State. cused on this drug issue here in the and Forestry Committee, we have a Like many States across our country, Senate. We have passed numerous bills long history of working together to en- my State has been hit hard, and we to bring more resources to our States, sure a strong safety net for farmers have been laser focused on it here in billions of dollars of resources. and for families. This bill continues this body. Back home, I have held numerous that long-standing, bipartisan tradi- This trifecta—the passage of the summits relating to this issue. tion. I know that the chairman did not In August 2016, I convened the Alaska State’s criminal reform bill, a per- get everything he wanted in this bill, Wellness Summit: Conquering the sistent recession, and the drug crisis— and neither did I. I would have pre- Opioid Crisis, an important gathering have resulted in mayhem in some of ferred to make more progress on re- of Federal, State, and local community our communities in Alaska. forming farm payments, a cause cham- leaders dedicated to tackling the many In Alaska, all crime is up 6 percent pioned by my friend, Senator GRASS- challenges associated with the growing from last year and up 26 percent from LEY, and on improving the adequacy of opioid and heroin epidemic. That sum- 5 years ago. Let me give you some benefits in the Supplemental Nutrition mit, which largely focused on issues of troubling statistics from Alaska’s Uni- Assistance Program, known as SNAP, addiction, recovery, and community, form Crime Report: violent crime; up 6 and our other food assistance pro- was very productive, with hundreds of grams, but, overall, this is a good bill percent from last year and up 35 per- Alaskans gathering to listen, gain in- cent from 5 years ago; property crime; that protects and advances many crit- spiration, learn and exchange ideas. ical food and farm policies that de- up 5 percent from last year and up 23 Federal officials from several different percent from 5 years ago; and vehicle serves the strong bipartisan support it agencies attended to hear the many ob- received. theft up 39 percent from 2016 to 2017. stacles Alaskans face when in recovery, According Kyle Hopkins from the An- The nutrition title of this bill is no as well as witness the indomitable spir- exception. We know that SNAP is chorage Daily News, who has done a it of Alaskans who have overcome great job reporting on this; car thieves, largely working, and spending has been those obstacles. declining as more people get back to burglars, and shoplifters stole a stag- In August 2018, I held another work and get off SNAP the right way. gering $45.3 million worth of property wellness summit, this time focused not We also know that it is our job to across Anchorage in 2017. Remember, only on Alaska’s addiction epidemic, make sure the program is working as Anchorage is a city of a population of but on drug trafficking and the associ- intended and that we address any in- less than 300,000—the number of cars ated crime wave that is victimizing so tegrity issues that arise. That is why stolen in Anchorage: 3,104 in 2017; the many Alaskans. The summit once we included important improvements number of vehicle break-ins: 3,837 in again feature a prominent group of to SNAP program operations, over- 2017. Federal, State, and local leaders and sight, and employment and training in Much of this crime is fueled by the stakeholders to build public awareness, this bill. In this conference report, we drug epidemic. identify opportunities for coordination have protected SNAP, made modest, Like many States across the coun- and cooperation, and highlight Alas- but important improvements, and ex- try, Alaska has been reeling from the ka’s unique public safety challenges cluded the very harmful House provi- opioid crisis and drug epidemic. Trag- with Federal officials. ically, lives are being lost because of We have grassroots, peer-to-peer net- sions that would have cut SNAP by this epidemic. Opioid-related deaths works across the State that are really more than $20 billion over 10 years, doubled in Alaska in 2017. Fentanyl re- beginning to make a difference. taken food assistance away from at lated deaths rose by 450 percent. We also have very active community least 2 million people, and imposed The amount of heroin seized in Alas- members who are banding together to new, unworkable mandates on States. ka more than doubled in 2017, while the try to fight crime in their neighbor- I wish we also could have made more number of arrests actually decreased. hoods. progress in expanding SNAP eligibility, Law enforcement has been tracking But we need a strong criminal justice benefits, and access in ways that would lower 48 traffickers who continue to system that continues to mete out address food insecurity and help low- import increasing amounts of these punishments that fit the crime. We income Americans who are struggling drugs to take advantage of our unique need, fair, strong deterrence. to make ends meet. That said, we were enforcement challenges, especially in We need the full strength of both the able to include an important benefit our rural communities. Federal and the State governments, improvement that will provide addi- Given the crime wave in my State, in working in tandem, to get drug dealers tional SNAP benefit to certain home- many cases fueled by addictions, and off the streets and punish violent re- less households that, despite lacking a our high rates of sexual assault and do- offenders who are wreaking havoc in permanent nighttime address, may mestic violence, many of the provi- our communities. still incur expenses for shelter for tem- sions in this bill are deeply trouble- Although I respect that motives of porary accommodations or to stay with some. my colleagues—and I do believe that friends or family. The program’s $143 In the FIRST STEP Act, certain sex- some reform is necessary—this bill homeless shelter deduction will now be ual and drug criminals could be eligible goes too far. available in all States, including in my for expanded good time credits, mean- When evaluating this bill, I could not home State of Michigan, and will keep ing that they can get out of prison ignore the realities of my State’s cur- pace with inflation each year. If a

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.080 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7919 household could get more SNAP bene- for SNAP benefits because the inclu- lems with data security breaches and fits by claiming the regular shelter de- sion of their Basic Allowance for Hous- the risk that any large data set may be duction, it must continue to be able to ing allowance as counted income; esti- a target for hacking, identity theft, or do so, but for the many households mates of currently serving military other ‘‘big data’’ goals that are not as- that have had difficulty proving the households with low household in- sociated with the administration of amount of their shelter expenses, this comes—below 200 percent of federal SNAP. The Conference Committee in- change will enhance their SNAP bene- poverty line; below 185 percent; below tended that the NAC have state-of-the fits and reduce paperwork for both the 130 percent; and estimates of participa- art privacy and security protections household and for State agencies. Spe- tion in WIC by military households in and that the information shared across cifically, the conference report allows, comparison to SNAP. States as part of the NAC be used only for example, when a homeless house- Food consumption and buying behav- for the purpose of identifying and pre- hold incurs a cost for shelter, but does iors are not the only changes affecting venting dual participation in SNAP. not have paperwork available to prove SNAP. Technology, both in administra- We expect FNS to exercise strong over- the expense, an eligibility worker to tion and in the retail landscape, also sight of any contractors that are en- provide the standard homeless shelter continue to evolve. The conference re- gaged in the operation of the NAC to deduction based on her or his assess- port makes several important changes ensure that contractor is not using in- ment of the households’ claims about to help USDA to modernize to address formation about SNAP participants for the expense. The worker can examine consumer preferences and to help any other purposes. the totality of the household’s cir- States to continue to strengthen their Finally, as part of the NAC, we ex- cumstances and provide an appropriate stewardship of SNAP. pect that FNS will be developing proce- deduction based on the information First, we expand a pilot from the last dures for standardizing, streamlining, that is available. farm bill, known as the National Accu- and in some cases automating cross- Another improvement we include in racy Clearinghouse, NAC, to be a na- State communications. We urge FNS this conference agreement is a require- tionwide program within a few years. to ensure that these processes provide ment that USDA reassess the adequacy The NAC gives States tools to ensure SNAP recipients with services that of SNAP’s Thrifty Food Plan, TFP, by that individuals do not simultaneously take into account the difficulty they 2022 and every 5 years subsequently. receive SNAP benefits in two or more may have in navigating cross-State The TFP is the foundation for SNAP States by conducting cross-State communications. For example, we ex- benefit levels and is meant to reflect matches of SNAP applicants and par- pect FNS’s policies to include proce- the actual food costs that households ticipating households and setting up a dures to help households appeal and re- face in obtaining a nutritionally ade- process for States to resolve instances solve decisions across State bound- quate diet. In recent years, mounting of apparent dual participation. An aries. If a noncustodial parent applies research evidence has found that the evaluation of the NAC pilot found that, for benefits on behalf of a child who TFP is out of step with actual food although duplicate participation is lives with the other parent, it may be difficult for the custodial parent to purchasing practices and nutritional small—less than 0.02 percent of SNAP know how to navigate an eligibility de- recommendations and that, for the participants—it is feasible for States to cision made in another State where the vast majority of households, SNAP conduct a match to identify and pre- individual does not reside. benefits are inadequate when consid- vent duplicate participation. We know that duplicate participa- Similarly, when overpayments occur ered in tandem with income that the tion, when it does occur, is rarely in- because of duplicate participation, we household is assumed to have available tentional fraud, but rather is a result expect the cross-State claims process for food. In part, the low SNAP bene- of a household or household member to take into account difficulties house- fits are a result of USDA in the past re- simply moving from one State to an- holds may have had in closing their quiring that revisions not increase the other and not successfully disenrolling case in their prior State of residence. cost of the TFP. Over many years, the in their previous home State. This For example, if a State was delinquent factors behind food costs have evolved, could be caused by households not in closing the case after the household i.e., purchasing and consumption pat- being able to get through to a call cen- reported the change, or the household terns, dietary guidelines, women’s ter to report the move or a State not could not get through on the telephone work patterns, and transportation taking the proper subsequent action to to report the change because of a major costs. Our intention for the future is close the case or remove the household problem in call center operations, this that USDA not be compelled to achieve member. The NAC helps States to ad- should be considered an agency error, a cost-neutral revision to the TFP, but dress this issue more effectively using and households should be given consid- that it bring to bear the best scientific technology, saving money within eration in the claims establishment evidence about the appropriate cost of SNAP in the process. As with any and collection process. If the household a ‘‘thrifty,’’ but nutritionally adequate error, without evidence of a client’s in- did not use the benefits in the State in food basket. We recognize that this tent to defraud the program, States which they previously resided because may mean that SNAP benefits need to should assume that dual enrollment they were receiving SNAP where they be adjusted as a result of the reassess- discovered through the NAC is uninten- live now and simply could not close ment. tional. their old case because of a problem We also recognize that food insecu- Because duplicate participation is so with the States’ reporting procedures rity is an ongoing issue amongst mili- rare and a household’s need for food as- we assume they will not be held retary families. While the conference resistance may be urgent, the conference sponsible for repaying an overpayment. port did not include a critical change I committee expects that USDA’s Food Another provision of the bill offers support related to the treatment of the and Nutrition Service, FNS, and States States an opportunity to collaborate Base Allowance for Housing in SNAP, I will establish procedures for the NAC with FNS to establish longitudinal want to encourage USDA to look for that will not interfere with current ap- data sets about SNAP participation. ways to address military hunger. Spe- plication and enrollment procedures, The goal of this provision is in some cifically, I ask that USDA designate an particularly the speedy processing of ways the opposite of the NAC. Where office or liaison within the Office of the applications. Some States are able to the NAC aims to share very specific Secretary of Agriculture to coordinate process matches in ‘‘real time’’ or pro- identifying information about SNAP with Department of Defense to gather vide same-day or other fast service to applicants and participants to prevent data about currently serving military SNAP applicants. Given that only a dual participation, the conference families experiencing food insecurity. I tiny fraction of applications are ex- agreement specifically prohibits the would ask USDA to gather key infor- pected to result in a positive match via longitudinal database from collecting mation such as estimates of SNAP par- the NAC, we expect that States will or sharing any personal identifying in- ticipation by currently serving mili- often run the match after approving formation. Instead, the information in tary families; estimates of currently SNAP. these data sets will be used only for reserving military families experiencing In developing the NAC provision, the search purposes to study the character- food insecurity, but not able to qualify members were sensitive to recent prob- istics of SNAP participants over time

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.087 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7920 CONGRESSIONAL RECORD — SENATE December 19, 2018 and improve SNAP program oper- to increase their efforts to drive SNAP from families with children and older ations. Because most data that is errors in every case to zero, some adults who struggle to find work. This available about SNAP participants States experience shows they likely was no accident. The conferees rejected looks just at 1 particular month, these would respond by requiring more pa- these proposals. In fact, the Senate re- data sets will fill in a gap in our under- perwork, which would be burdensome soundingly rejected on a bipartisan standing of SNAP and allow States, and inefficient. basis an amendment that included FNS, and other researchers to learn Finally, the conference report elimi- many of these harsh changes. The ad- about patterns of participation and nated SNAP bonus payments to States ministration should take note of this other factors such as work experience out of concern that that they may have and follow congressional intent and not and income volatility. contributed to State practices that in- attempt to advance an inconsistent The SNAP quality control, QC, sys- troduced bias into the quality control agenda through rulemaking that is not tem, which measures SNAP payment process. The conferees continue to supported by the law we just passed. accuracy, has recently been the subject think that customer service measures, Rather than harsh new requirements, of oversight by USDA’s Office of In- such as measures of timeliness and pro- the conference agreement focused on spector General. The Senate Agri- gram access, are important indicators helping families get back to work the culture Committee also held a hearing of SNAP’s success, and we expect FNS right way. The conference agreement to review problems with the quality to continue to measure and publish will strengthen State flexibility to de- control system. This led FNS to con- these data for all States and to empha- sign employment and training systems duct a subsequent investigation and re- size their importance in conducting that meet local workforce needs and vise its guidance and processes. We ac- program oversight. The same is true labor market conditions. We added knowledge that FNS and States have for enforcing clear standards. We are workforce partnership arrangements, made substantial progress in address- concerned that FNS is not following its which could involve private employers, ing the problems these investigations own guidance with respect to how it trade groups that represent such em- exposed. The conference agreement re- will follow up with states whose timeli- ployers, or nonprofit organizations to quires FNS to issue regulations to cod- ness has fallen below established Fed- the options available to States and in- ify the quality control improvements eral standards. This is important for dividuals for meeting SNAP employ- and other changes in order to ensure the agency to address. ment and training and work require- the statistical validity of the measures Another provision involving program ments. We also focus additional fund- the QC system produces. The conferees integrity involves when States may ing provided in the bill for employment are not expecting any major changes in follow up with households to seek addi- and training on programs with a prov- how the QC system measures payment tional information based on a data en track record based on the pilots error. We expect that the basic tenets match. The provision identifies the cir- from the 2014 farm bill and on popu- of the quality control measures will re- cumstances under which such follow up lations that face substantial barriers, main. For example, a payment error is allowed and when it is prohibited. such as individuals who were incarcer- will be determined based on the out- The conferees intend this provision to ated in the past, workers age 50 and come of the eligibility decision, rather codify FNS’s recent regulation of Janu- older, and those at risk of than on the State’s procedural compli- ary 6, 2017, at 7 C.F.R. 273.12(c)(3). We multigenerational poverty. ance, and that the certification and re- do not intend for USDA to issue any In order to help employment and porting rules under State and Federal new regulation beyond simply the addi- training participants succeed in their policy will be taken into account in as- tion of the new National Accuracy placements, we now expect States to sessing payment errors. Clearinghouse to the list of matches include case management as a compo- The QC system needs to balance the that might require action. nent in all States’ employment and twin goals of payment accuracy and Another provision in the program in- training programs. We envision that program access. We urge FNS to not tegrity area changes how SNAP bene- States will continue to have wide lati- include changes to the QC system that fits are treated when households have tude in what counts as case manage- would make it harder for individuals to not accessed them recently. The provi- ment, and we intend that case manage- participate in SNAP if they live in un- sion allows States to move SNAP bene- ment be a resource to employment and stable conditions as a result of them fits ‘‘offline’’ after 3 months of inac- training participants, not an extra moving more often, do not have a per- tivity instead of 6 months and requires hoop for participants to comply with to manent address, or if they are likely to benefits be ‘‘expunged’’ or completely satisfy their employment and training be more ‘‘error prone’’ because they taken away after 9 months instead of obligation. Not every participant will have variable earnings that are more 12 months. Because inactivity in house- need case management, and not every difficult for States to track. holds’ SNAP accounts is often the re- component of a State’s employment The conferees are aware that the OIG sult of a misunderstanding, the provi- and training program must offer case and USDA both identified uneven Fed- sion requires that households be noti- management. We also revise the job eral application and enforcement of fied 30 days before benefits are sched- search component under employment quality control rules, as well as State uled to be expunged and offer an oppor- and training to add a supervision re- practices, as an underlying cause of the tunity for the household to request quirement, but anticipate that States problems identified in the investiga- that any benefits that have been moved will be creative in developing innovations and reviews. We expect that im- offline be swiftly restored. On balance, tive models for supervision that are proving quality control reviews will in- my expectation is that this provision not burdensome on participants, for ex- volve a more rigorous Federal rereview will improve households’ access to ben- ample, by using technology to include and more consistent practices across efits because households will be better online job search, or other automated FNS regions. informed. and remote options. We recognize that The conferees chose not to include a In our negotiations on the SNAP pro- States will need time to update their House provision that would eliminate visions of the farm bill, the conferees employment and training plans and the quality control error tolerance spent substantial time debating the build capacity to roll out new ap- threshold. Currently set at $37, this is SNAP employment and training pro- proaches, so we expect FNS will pro- the threshold below which error gram and proposals to add require- vide adequate time for States to transi- amounts do not count toward the ments in SNAP that would take food tion to compliance with the new re- State’s error rate. The threshold en- assistance away from households that quirements. I should note that, while courages States to focus their efforts fail to meet harsh work requirements. self-initiated job search may no longer on larger, costlier errors. Minor mis- I am proud that this bill does not in- be a standalone component within em- takes in calculating benefit amounts clude the House’s proposals to severely ployment and training, it is not dis- are not a threat to SNAP integrity and restrict waivers from the existing allowed as a part of another compo- are understandable, given the vola- harsh 3-month time limit and the nent. For example, if a job training tility in the lives of many low-income House bill’s new requirements that program offers 12 hours of job training households. If States were encouraged would have taken food assistance away and 8 hours of job search, this should

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.088 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7921 still be allowable under this change. that the Secretary in carrying out this has made a significant impact in his The conference report also does not study collect information on those who field. preclude self-initiated job search that would be dissuaded from participating Presently, Dave is a Laboratory Fel- is not specifically managed within the in SNAP as a result of the mandate. low and Division Director for Nuclear SNAP employment and training. Research on those who do not receive Fuels and Materials. He is also a Fel- The Agriculture Committee has a SNAP as a result of a policy change low of the American Nuclear Society long history of bipartisan oversight of can be difficult to obtain, but because and the Senior Editor for the Journal SNAP, and every farm bill includes our concern about the provision relates of Nuclear Materials and an Editorial provisions that strengthen SNAP by to the impact on children whose par- Member for Nuclear Engineering and taking advantage of new technologies ents are afraid to participate in SNAP Design. and other advancements in other areas because of a fear of domestic violence During his tenure, Dave led a number of the human services field. This farm or out of other concerns about their re- of projects at INL, including overseeing bill is no exception. For example, we lationship with another parent—for ex- all research and development for the include provisions to adjust SNAP’s ample, when grandparents care for Very High Temperature Reactor Tech- electronic benefit transfer, EBT, pro- grandchildren—the Secretary must nology Development Project, known gram to account for new technologies seek to paint a full picture of the im- previously as the Next Generation Nu- like mobile and online payments and to pact such a change would have on chil- clear Plant. Dave is an internationally add flexibility for farmers’ markets. dren. We also instruct the Secretary to recognized expert in the development While we recognize the need for SNAP examine what alternative options are of advanced reactor fuels and is the re- to evolve to survive in the modern available in this area that would cipient of 19 awards, including the Life- marketplace, it is equally important achieve similar goals but without put- time Achievement Award for an INL that we continue to maintain program ting food assistance for children at Publisher, 2016, the Idaho National En- integrity. The Secretary must main- risk. gineering Laboratory Management Ex- tain the ability to monitor retailers In addition to these critical issues cellence Award, 2014, and the American and ensure they are not engaging in within SNAP, I also want to note that Nuclear Society Materials Science and fraudulent activities. Retailers without we made some critical improvements Technology Special Achievement a physical storefront may require new to programs to support beginning and Award for leadership in development of approaches to oversight, and FNS socially disadvantaged farmers, or- nuclear fuels for high temperature gas- should continue to work with retailers ganic producers and local food systems, cooled reactors, 2009. and Congress to ensure appropriate including providing permanent manda- A highly published and well-re- controls are in place. tory baseline funding. This important spected expert in his field, Dave has au- EBT is a critical link in the SNAP step will ensure these programs con- thored or coauthored more than 100 program for delivering benefits to eli- tinue to support the next generation of peer reviewed journal articles, contrib- gible families and our retailers, and sustainable farmers. The conference re- uted more than 50 papers to con- EBT contractors are important part- port also directs Secretary to have the ferences, and authored 2 book chapters. ners. The Senate-passed farm bill in- Agriculture Marketing Service and He holds a patent for method for the cluded requirements on USDA and GAO Rural Business Cooperative Service production of 99mTc compositions from to conduct broad reviews of SNAP work together to implement the Local 99Mo containing materials, 1998. Most EBT, including transfer-related fees, Agriculture Market Program, using the recently, Dave coauthored the Massa- equipment issues, data security, and agencies’ respective structures and ex- chusetts Institute of Technology, MIT, customer service, especially the unfor- pertise to deliver an effective program. report ‘‘The Future of Nuclear Energy tunate increased frequency of systems One important aspect of the Local Ag- in a Carbon-Constrained World’’. This outages. We also required USDA to riculture Market Program is food safe- influential study has had great impact issue regulations and guidance on these ty assistance, an area where the pri- on the international nuclear commu- issues based on the findings from the mary expertise at USDA resides with- nity, and he has presented the findings studies. Although we were not able to in the Agriculture Marketing Service. I of the report in Washington, DC, Lon- include these provisions in the final would ask USDA to ensure food safety don, Paris, Tokyo, and other places conference agreement, both USDA and components of the Local Agriculture around the world. Dave holds a Ph.D., GAO have the authority to engage in Market Program be coordinated be- an M.S., and a B.S. in nuclear engineer- these activities without specific statu- tween the agencies, but be led by Agri- ing from Massachusetts Institute of tory direction, and I urge them to do culture Marketing Service, who has the Technology. so. most expertise. Dave has left a mark in his field and Child support collections is another This farm bill was truly historic, in Idaho during his 32 years at INL. We area where we determined that the both in its broad level of bipartisan congratulate him on his many accom- proper course of action is for the Sec- support and also in its steps toward plishments and wish Dave and his wife, retary to obtain more information. The supporting the great diversity of Amer- Becky, all the best as they enjoy re- House included a sweeping provision to ican agriculture. I also believe it was tirement. require States to mandate cooperation noteworthy that we were able to over- f with child support enforcement as a come strong partisan attacks on food condition of SNAP eligibility. While we assistance to produce a bill in the bi- TRIBUTE TO DR. KATHLEEN strongly support custodial and non- partisan tradition this committee HOGAN custodial parents financially sup- maintains continues to protect the Mr. BENNET. Mr. President, I wish porting their children, we rejected the family safety net in a bipartisan way. I to recognize the service of Dr. Kathleen mandate out of concern that taking hope the administration follows our Hogan, the former Deputy Assistant away food assistance would do more lead and rejects harmful attacks on Secretary for Energy Efficiency at the harm than good for children and that food assistance for families needing U.S. Department of Energy. the mandate would be costly for States short term support. Dr. Hogan’s distinguished career is a and the Federal Government. Instead, f testament to the power of one public we direct the Secretary to collect evi- servant to deliver progress for the en- dence on the impact on families and TRIBUTE TO DAVID PETTI tire country. children and the cost for States and Mr. CRAPO. Mr. President, with my Over her years of Federal service, Dr. the Federal Government. We also want colleagues Senator JAMES E. RISCH and Hogan dedicated her considerable tal- information on the experiences in Representative MIKE SIMPSON, I con- ent to helping our country use energy States that have adopted the mandate, gratulate Dr. David Petti on his retire- more efficiently. Dr. Hogan appre- those that rejected it, and on some of ment from the Idaho National Labora- ciated the promise of energy efficiency, the practical issues such as how States tory, INL. Dave has had a long, distin- not only to address the climate threat, guarantee a robust determination of guished career as an innovative nuclear but also to reduce waste and save good cause for noncompliance. It is key engineer and leader at INL, where he money for households and businesses

VerDate Sep 11 2014 10:11 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.088 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7922 CONGRESSIONAL RECORD — SENATE December 19, 2018 nationwide. She also appreciated the change for the State and is viewed as a was going to go into the Marines when necessity of bringing government and major policy accomplishment in the she was 6 years old. It was ‘‘Bring Your the private sector together on solu- last 40 years. Mother to School’’ day, and Kerry’s tions. In 2012, after I was elected by the mother showed up in uniform. She At the Department of Energy, Dr. people of Nebraska to serve in this thought then, ‘‘I want to be like her.’’ Hogan oversaw the Better Buildings Chamber, one of my first decisions was There is no doubt in my mind that she Program, an initiative to encourage to make Dusty my State director. In will be. buildings to become 20 percent more ef- the years that followed, when I wasn’t She plans on becoming a public af- ficient by the end of the decade. The here in Washington, I was likely trav- fairs officer, where she will work to program was formally codified through elling on the road with him across Ne- build understanding, credibility and legislation I introduced with Senator braska. From Scottsbluff to Omaha, we trust. She will also work her hardest to Kelly Ayotte in 2013. Its success, how- visited countless families, organiza- protect the image of the Marine Corps ever, is entirely the result of Dr. Ho- tions, schools, hospitals, and small both at home and abroad. gan’s tenacity, persistence, and rare businesses. I always enjoyed our many It is young people like Kerry—people ability to forge partnerships beyond lunches, ice cream breaks, and discus- with drive, discipline and a servant’s government. While at the Department, sions about everything from policy heart—that made me so optimistic for Dr. Hogan also forged robust appliance issues to our families. And we have cer- our country’s future, and the future of standards that save consumers more tainly had a lot of laughs—and a few my beloved Marine Corps. than $60 billion on their electricity tears—over these many years. She is one of those people who every- bills annually. Each and every day Dusty brought one truly likes and who everyone who At the Environmental Protection unmatched integrity and heart to work has ever worked with her trusts her to Agency, Dr. Hogan spearheaded Energy with him. He is a wonderful example of get the job done and to get it done Star, a voluntary program to promote the true goodness of the State of Ne- right. efficiency in housing, industry, and a braska. I want to thank Dusty’s fam- Kerry, we will truly miss you. You range of consumer products. Today, ily, his wife, Julie, two sons Gabe and will always have a place in our hearts Energy Star is one of the most widely Kellen, and his two beautiful daugh- and will always be part of the Sullivan recognized consumer labels in America. ters, Tatum and Zoe, who lent much of team. Since 1992, the program has saved fami- his time, including some busy week- Semper Fi. lies and businesses over $450 billion and ends. I know they are proud of him, as f 3.5 trillion kilowatt-hours of elec- I am. tricity. Dusty has shown them what it means ADDITIONAL STATEMENTS The legacy of Dr. Hogan’s public to be a true humble servant of our service is all around us: in the kitchens State. REMEMBERING RICHARD P. of millions of American households, on Dusty, I thank you for your posi- CONABOY the factory floor of industrial plants, tivity, your loyalty, your friendship, ∑ in the cleaner air our children breathe and your faith in Nebraskans. I wish Mr. CASEY. Mr. President, today I each day, and in the dozens of new you the very best on this next chapter wish to remember Judge Richard P. partnerships between the Federal Gov- of your career, and I know you will Conaboy, who served the people of ernment and businesses from nearly continue to get the big stuff done and Lackawanna County and the Middle every sector of the economy. make us proud. District of Pennsylvania as a judge for over five decades. We are deeply appreciative of Dr. Ho- f gan’s contributions, and we wish her Judge Conaboy was born and raised all the best in her next chapter. Above TRIBUTE TO KERRY GARLAND in Scranton, PA. After graduating from all, we thank her for a distinguished Mr. SULLIVAN. Mr. President, it is the University of Scranton in 1945, he career of service to our country. with a heavy heart that my office says served in the Army Air Force and became a sergeant before his discharge in f goodbye to Kerry Garland, who has been such an asset to my team this 1947. He earned a law degree from TRIBUTE TO DUSTY VAUGHAN past year. Catholic University in 1950 and prac- Mrs. FISCHER. Mr. President, I rise Kerry has lived in Alaska for 18 ticed law in Scranton for 12 years until today to recognize the service of my years. She went to high school at Bart- he was appointed to be a judge on the longtime staff member and dear friend, lett High School in Anchorage and Lackawanna County Court of Common Dusty Vaughan. graduated from the University of Alas- Pleas in 1962. He served on this court After 14 years of service, he is turn- ka in Anchorage with communication with distinction for 17 years. Judge ing a new page in what has been an im- and a second degree, a bachelor’s of Conaboy was nominated to the Federal pressive and dedicated career of service science in nutrition. bench by President Jimmy Carter and to the people of Nebraska. After graduating, she worked for the confirmed by the Senate in 1979. He Dusty was the first person I hired University of Alaska Anchorage. Then went on to serve the Middle District of after I was elected to represent District we got her. She started as an intern. Pennsylvania for nearly four decades. 43 in the Nebraska State Legislature in Her title now is a constituent relations Judge Conaboy also served as chair- 2004. He served in my legislative office representative, but truly she runs the man of the U.S. Sentencing Commis- for my entire time in the unicameral, place. She manages mail. She coordi- sion from 1994 to 1998. Notably, during first as my legislative aide and then as nates the interns. She does so much, his tenure, Judge Conaboy raised con- legal counsel of the Transportation and and she always does it with the utmost cerns about Congress’s decision to ad- Telecommunication Committee, which professionalism. dress the crack cocaine epidemic by I chaired for 6 years. As a state sen- Kerry is headed off to better things. significantly enhancing penalties for ator, I relied on Dusty’s expertise to In a few weeks, she will be one of the crack, but not powder, cocaine, cre- make the best possible decisions that few and the proud. She is headed off to ating a sentencing disparity that he be- improved our State and helped Nebras- Quantico, VA, to for the rigorous and lieved was having a profound dispropor- ka’s families. very competitive marine officer can- tionate impact on minority commu- Together we accomplished a lot. We didate school and then to the Basic nities. His opposition to this disparity got results and Dusty worked tirelessly School. and his dedication to fairness in sen- to get the ‘‘big stuff’ done. Our proud- Kerry says that pursuing a career as tencing presaged Congress’s passage of est achievement from our legislative a commissioned officer in the U.S. Ma- the Fair Sentencing Act in 2010 and days was securing the passage of LB 84, rine Corps, the hardest branch of the have continued to influence efforts to the Build Nebraska Act, which dedi- military for women to make a career reform Federal sentencing laws. cated a quarter cent of every sales tax out of, especially as an officer, has Judge Conaboy was known for his dollar to a new highway fund in the been a long-held dream. The child of legal acumen, as well as his humility, State of Nebraska. This was a policy marine parents, she decided that she patience, and fairness. Members of the

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.118 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7923 Lackawanna County legal community ment of Veterans Affairs on January 7, TRIBUTE TO ANCHORAGE AIR have recalled his unique ability to re- 2019, after leading the department for TRAFFIC CONTROLLERS solve disputes and bring parties to the the past 7 years. His leadership has en- ∑ Mr. SULLIVAN. Mr. President, it is table with his sense of humor and deep sured the Minnesota Department of coming up on the end of the week, time respect for all people appearing before Veterans Affairs will continue to pro- when I get to do one of the things I him. He worked tirelessly on behalf of vide excellent care and services for love to do best here on the Senate the people of the Middle District, and years to come. floor: recognizing an Alaskan or a Commissioner Shellito began his ca- he continued to hear matters before group of Alaskans who help make my reer in 1968 when he enlisted in the the court until his death. State so special. I call them our Alas- Judge Conaboy is survived by his U.S. Army, during which time he served in Vietnam as a mobile advisory kan of the Week. wife of 68 years, Marion, as well as Last time I spoke, I recognized all team leader. In 1973, he joined the Min- their 12 children, 48 grandchildren, and Alaskans who were impacted by the 49 great-grandchildren.∑ nesota National Guard where he served for the next 37 years. Starting as a rifle massive earthquake, a 7.0-magnitude f platoon leader, Commissioner Shellito earthquake centered about 7 miles REMEMBERING WILLIAM J. went on to serve in nearly every com- north of Anchorage, that we experi- NEALON mand position within the Minnesota enced on Friday, November 30. The earthquake was the second larg- ∑ Mr. CASEY. Mr. President, today I National Guard, and in 2003, he was appointed adjutant general by Governor est that Alaska had experienced. The wish to honor the life and career of extent of the damage is still being U.S. District Court Judge William J. Tim Pawlenty. In this final position, Commissioner Shellito diligently led evaluated, but the best guess is that it Nealon. caused hundreds of millions of dollars Appointed to the U.S. District Court the Minnesota National Guard in responding to domestic incidents, trans- of damage to homes, schools, roads—infor the Middle District of Pennsylvania frastructure throughout the area. by President John F. Kennedy in 1962, forming the force from a ready reserve to an operational force through mul- Aftershocks continue, at least 4,000 Judge Nealon became the longest serv- of them, and at least two dozen have ing Federal District Court judge in tiple deployments to the wars in Iraq and Afghanistan. He made sure the been larger than 4.0. magnitude. U.S. history on August 28, 2018. Residents of Anchorage and the Mat- Born and raised in Scranton, PA, needs of his soldiers and their families were met when they returned home Su—Southcentral we call the area—are Judge Nealon attended Miami Univer- still rattled, but Alaskans are gen- sity until he put his education on hold through the creation and implementation of the Nation’s first Yellow Rib- erous, strong, and resilient, and they to join the Marine Corps during World bon Program. Commissioner Shellito’s are skilled. They know what to do dur- War II. He served his country from 1942 leadership transformed the Minnesota ing an emergency. to 1945, and when he returned, he National Guard into one of our Na- Today I want to recognize a group of earned his bachelor’s degree from tion’s most respected and well-known Alaskans who, under immense pres- Villanova University and his law de- organizations. sure, did their jobs and served our gree from Catholic University. While most people would retire after State with cool heads, smart minds, Judge Nealon distinguished himself such an extensive career, Commis- and the upmost courage: the air traffic early on in the practice of law. In 1960, sioner Shellito stepped up to the plate controllers who were on duty in both less than a decade after joining the when Governor Mark Dayton asked the Anchorage International Airport Pennsylvania bar, he was appointed to him to serve as commissioner of the and at Merrill Field at the time the the Lackawanna County Court of Com- Minnesota Department of Veterans Af- earthquake hit. mon Pleas, the youngest such judge in fairs in 2011. At the Minnesota Depart- Before I talk about the extraordinary the Commonwealth. Less than 3 years ment of Veterans Affairs, Commis- actions they performed to keep air later, on December 13, 1962, President sioner Shellito has assisted Min- traffic running smoothly through the Kennedy appointed him to the U.S. nesota’s 337,000 veterans and their de- earthquake and the lengths they went District Court for the Middle District pendents get the benefits and services through to make sure passengers were of Pennsylvania, and Judge Nealon be- they have earned. His stewardship has safe, let me spend a few minutes talk- came the youngest Federal District ensured veterans can find a place to ing about how important aviation is Court judge in the country. He went on call home, can find jobs in the public and air traffic controllers are to my to serve in this role for over 55 years. and private sectors, and have access to State. Judge Nealon was a brilliant jurist, the services they need to help them So you know that my State is the committed to fairness and ‘‘equal jus- heal from physical and psychological biggest State in the country, more tice under law’’ in every case for every wounds. than twice the size of Texas. If you party who appeared in his courtroom. In the past year alone, Commissioner want to get a sense of how big it is, He will be remembered for his work Shellito has led the department in ob- come up to my office where I have a ethic and commitment to his family. In taining funding for three new veterans map in the front room and cutouts of addition to leaving behind a legacy of homes, improving residential satisfac- all the other States, to scale. judicial and community service, Judge tion at Minneapolis veterans homes, Many of those States that make up Nealon is survived by his wife of 70 opening a new state-of-the-art 100-bed our great country are basically dots on years, Jean, 5 of their 10 children, 30 skilled nursing care facility in Min- the map. grandchildren, 26 great-grandchildren, neapolis, and establishing the Nation’s We are big, but most of Alaska is and numerous nieces and nephews. first veterans home fixed dental care only accessible by air. In fact, 82 per- The Federal courthouse in Scranton, facility. The work Commissioner cent of our communities—251—are not which bears his name, will ensure that Shellito has done these past 7 years has accessible by road. You have to fly to his decades of service to the Common- set the Minnesota Department of Vet- get there. wealth of Pennsylvania and our coun- erans Affairs up for success for years to The airspace serves as our highways. try will continue to inspire new gen- come and is a testament to Commis- Alaska’s people travel by air eight erations of public servants.∑ sioner Shellito’s character and com- times more often per capita than those f mitment to service. in rural areas of the Lower 48 and ship On behalf of myself and all Minneso- 39 times more freight per capita, nearly TRIBUTE TO LARRY SHELLITO tans, I want to congratulate Commis- one ton per person per year. ∑ Ms. SMITH. Mr. President, today I sioner Shellito on an amazing career. Not only that, Anchorage is the wish to recognize and celebrate the ca- Your more than 45 years of excellent crossroads to the Asia Pacific—we have reer of retired lieutenant general and public service, on Active and civilian one of the world’s best cargo hubs—and current Minnesota Department of Vet- duty, represents the finest Minnesota the air traffic controllers working the erans Affairs commissioner Larry has to offer. We recognize your service, towers guide passengers and goods to Shellito. Commissioner Shellito will be we are grateful for it, and we thank the Far East, Iceland, and across the retiring from the Minnesota Depart- you.∑ globe.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.116 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7924 CONGRESSIONAL RECORD — SENATE December 19, 2018 All of that air traffic demands the MESSAGES FROM THE PRESIDENT tifications and other criteria applicable to best air traffic controllers, about 180 in legislative branch employees under Wounded Messages from the President of the Warriors Federal Leave Act. the Anchorage area alone, working day United States were communicated to and night to guide the planes in and H.R. 1318. An act to support States in their the Senate by Ms. Ridgway, one of his work to save and sustain the health of moth- guide them out. They are highly secretaries. ers during pregnancy, childbirth, and in the trained, skilled, and know what to do postpartum period, to eliminate disparities f in case of an emergency. in maternal health outcomes for pregnancy- When the earth shook in Anchorage, EXECUTIVE MESSAGES REFERRED related and pregnancy-associated deaths, to identify solutions to improve health care it was an emergency, and our air traf- As in executive session the Presiding fic controllers both at Merrill Field, a quality and health outcomes for mothers, Officer laid before the Senate messages and for other purposes. general aviation airport, and at the from the President of the United H.R. 6964. An act to reauthorize and im- busier Ted Stevens International Air- States submitting sundry nominations prove the Juvenile Justice and Delinquency port, acted fast. which were referred to the appropriate Prevention Act of 1974, and for other pur- Let me first talk about what hap- committees. poses. pened at the Ted Stevens International (The messages received today are S. 2511. An act to require the Under Sec- Airport during the earthquake. printed at the end of the Senate pro- retary of Commerce for Oceans and Atmos- phere to carry out a program on coordi- According to a reporter, when the ceedings.) nating the assessment and acquisition by the earthquake hit, one of the managers f National Oceanic and Atmospheric Adminis- said the tower that they were in tration of unmanned maritime systems, to swayed 3 or 4 feet and described watch- MESSAGES FROM THE HOUSE make available to the public data collected ing transformers blow out around town At 7:37 p.m., a message from the by the Administration using such systems, from the tower. House of Representatives, delivered by and for other purposes. A FedEx plane was coming in, and Mr. Novotny, one of its reading clerks, H.R. 4032. An act to confirm undocumented Federal rights-of-way or easements on the they got on their radios. ‘‘FedEx, go announced that the House has passed Gila River Indian Reservation, clarify the around, FedEx, go around!’’ they told the following bill, in which it requests northern boundary of the Gila River Indian the plane, averting a potential acci- the concurrence of the Senate: Community’s Reservation, to take certain dent. H.R. 7327. An act to require the Secretary land located in Maricopa County and Pinal Once they realized how severe the of Homeland Security to establish a security County, Arizona, into trust for the benefit of earthquake was, the controllers evacu- vulnerability disclosure policy, to establish the Gila River Indian Community, and for ated, carrying their radios. a bug bounty program for the Department of other purposes. Homeland Security, to amend title 41, S. 3170. An act to amend title 18, United So they chose another option: The United States Code, to provide for Federal States Code, to make certain changes to the three guided the airplanes in from the acquisition supply chain security, and for reporting requirement of certain service pro- cab of a pickup truck. other purposes. viders regarding child sexual exploitation visual depictions, and for other purposes. They had what they needed—radios, ENROLLED BILLS SIGNED phones, and a window—and they had H.R. 2. An act to provide for the reform At 8:50 p.m., a message from the and continuation of agricultural and other the support of dozens of FAA employ- House of Representatives, delivered by programs of the Department of Agriculture ees at other locations. Mrs. Cole, one of its reading clerks, an- through fiscal year 2023, and for other pur- This is what is amazing; Because of nounced that the Speaker has signed poses. their quick thinking, the airport’s the following enrolled bills: The enrolled bills (H.R. 1318, H.R. three runways were closed for less than S. 1312. An act to prioritize the fight 1235, H.R. 2, S. 1312, S. 1050, S. 2511, S. 10 minutes after a 7-magnitude earth- against human trafficking in the United 3170, H.R. 7213) were subsequently quake struck. States. signed by the Acting President pro On the other side of town, at Merrill S. 1311. An act to provide assistance in tempore (Mr. BOOZMAN). Field control tower, a similar story abolishing human trafficking in the United The enrolled bills (S. 3749, S. 1311, was unfolding. States. H.R. 1235. An act to require the Secretary H.R. 4431, S. 2101, H.R. 6964, H.R. 4032, Again, the controllers and all on the of the Treasury to mint coins in recognition H.R. 6160) were subsequently signed by team evacuated, and again, the con- of the 60th Anniversary of the Naismith Me- the Acting President pro tempore (Mr. trollers took their private vehicles out morial Basketball Hall of Fame. SCOTT). to the ramp and powered up FAA port- H.R. 4431. An act to amend title 5, United f able radios. States Code, to provide for interest pay- EXECUTIVE AND OTHER The initial lull in general aviation ments by agencies in the case of administrative error in processing certain annuity de- COMMUNICATIONS and flight school traffic was quickly posits for prior military service or certain The following communications were replaced by public safety helicopter volunteer service, and for other purposes. and Medevac flights, Civil Air Patrol S. 1050. An act to award a Congressional laid before the Senate, together with aircraft on disaster relief and recon- Gold Medal, collectively, to the Chinese- accompanying papers, reports, and doc- naissance missions, and airborne ob- American Veterans of World War II, in rec- uments, and were referred as indicated: servers checking critical pipeline and ognition of their dedicated service during EC–7539. A communication from the Ad- roadway infrastructure. World War II. ministrator, Agricultural Marketing Serv- I am so proud of how everyone in S. 2101. An act to award a Congressional ice, Department of Agriculture, transmit- Gold Medal, collectively, to the crew of the ting, pursuant to law, the report of a rule en- Southcentral reacted to the earth- USS Indianapolis, in recognition of their titled ‘‘Pears Grown in Oregon and Wash- quake. Kids immediately dove under perseverance, bravery, and service to the ington; Decreased Assessment Rate for Proc- desks. Our first responders jumped into United States. essed Pears’’ (AMS–SC–18–0049) received in action. Neighbors helped neighbors. S. 3749. An act to amend the Congressional the Office of the President of the Senate on And they are still doing so. Accountability Act of 1995 to reform the pro- December 19, 2018; to the Committee on Agri- Not one person died as a result of the cedures provided under such Act for the ini- culture, Nutrition, and Forestry. earthquake. tiation, review, and resolution of claims al- EC–7540. A communication from the Presi- leging that employing offices of the legisla- dent of the United States, transmitting, pur- I am so proud of our air traffic con- tive branch have violated the rights and pro- suant to law, a report on the continuation of trollers who, under immense pressure, tections provided to their employees under the national emergency with respect to seri- improvised and did what needed to be such Act, including protections against sex- ous human rights abuse and corruption that done to keep everyone safe and make ual harassment, and for other purposes. was originally declared in Executive Order sure that flights weren’t disrupted. H.R. 7213. An act to amend the Homeland 13818 of December 20, 2017; to the Committee Thank you for all you did during that Security Act of 2002 to establish the Coun- on Banking, Housing, and Urban Affairs. tering Weapons of Mass Destruction Office, EC–7541. A communication from the Sec- very frightening time, and thank you and for other purposes. retary of the Treasury, transmitting, pursu- for all you do for all of us every day. H.R. 6160. An act to amend title 5, United ant to law, a six-month periodic report on Congratulations for being our Alaskans States Code, to clarify the sources of the au- the national emergency with respect to of the Week.∑ thority to issue regulations regarding cer- Belarus that was declared in Executive Order

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.089 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7925 13405 of June 16, 2006; to the Committee on Area’’ (RIN1513–AC38) received in the Office the purposes of the corporation, to designate Banking, Housing, and Urban Affairs. of the President of the Senate on December the United States Center for Safe Sport, and EC–7542. A communication from the Ad- 19, 2018; to the Committee on Commerce, for other purposes (Rept. No. 115–443). ministrator and Chief Executive Officer, Science, and Transportation. By Mr. JOHNSON, from the Committee on Bonneville Power Administration, Depart- EC–7554. A communication from the Sec- Homeland Security and Governmental Af- ment of Energy, transmitting, pursuant to retary of the Federal Maritime Commission, fairs, with an amendment in the nature of a law, the Administration’s Annual Report for transmitting, pursuant to law, the report of substitute: fiscal year 2018; to the Committee on Energy a rule entitled ‘‘Interpretive Rule, Shipping S. 278. A bill to amend the Homeland Secu- and Natural Resources. Act of 1984’’ (RIN3072–AC71) received in the rity Act of 2002 to provide for innovative re- EC–7543. A communication from the Chief Office of the President of the Senate on De- search and development, and for other pur- of the Publications and Regulations Branch, cember 19, 2018; to the Committee on Com- poses (Rept. No. 115–444). Internal Revenue Service, Department of the merce, Science, and Transportation. By Mr. JOHNSON, from the Committee on Treasury, transmitting, pursuant to law, the f Homeland Security and Governmental Af- report of a rule entitled ‘‘Change in Basis for fairs, with amendments: Determining Reserves Under Section 807’’ REPORTS OF COMMITTEES S. 2948. A bill to improve efforts to identify (Rev. Proc. 2019–10) received in the Office of The following reports of committees and reduce Governmentwide improper pay- the President of the Senate on December 17, were submitted: ments, and for other purposes (Rept. No. 115– 2018; to the Committee on Finance. 445). By Mr. ALEXANDER, from the Committee EC–7544. A communication from the Direc- S. 3041. A bill to amend the Robert T. Staf- tor, Office of Regulations and Reports Clear- on Health, Education, Labor, and Pensions: Report to accompany S. 3217, An original ford Disaster Relief and Emergency Assist- ance, Social Security Administration, trans- bill to reauthorize the Carl D. Perkins Ca- ance Act to provide for disaster recovery re- mitting, pursuant to law, the report of a rule reer and Technical Education Act of 2006 forms, and for other purposes (Rept. No. 115– entitled ‘‘Social Security Administration Vi- (Rept. No. 115–434). 446). olence Evaluation and Reporting System’’ By Mr. RISCH, from the Committee on H.R. 50. A bill to provide for additional (RIN0960–AI08) received in the Office of the Small Business and Entrepreneurship: safeguards with respect to imposing Federal President of the Senate on December 19, 2018; Report to accompany S. 791, a bill to mandates, and for other purposes (Rept. No. to the Committee on Finance. amend the Small Business Act to expand in- 115–447). EC–7545. A communication from the Sec- tellectual property education and training retary, Judicial Conference of the United f for small businesses, and for other purposes States, transmitting, pursuant to law, a re- (Rept. No. 115–435). INTRODUCTION OF BILLS AND port entitled ‘‘Report on the Continuing Report to accompany S. 1538, a bill to JOINT RESOLUTIONS Need for Authorized Bankruptcy Judge- amend the Small Business Act to establish The following bills and joint resolu- ships’’; to the Committee on the Judiciary. awareness of, and technical assistance for, EC–7546. A communication from the Sec- the creation of employee stock ownership tions were introduced, read the first retary of Education, transmitting, pursuant plans, and for other purposes (Rept. No. 115– and second times by unanimous con- to law, the Department’s Semiannual Report 436). sent, and referred as indicated: of the Office of the Inspector General for the Report to accompany S. 3552, a bill to period from April 1, 2018 through September By Mr. WHITEHOUSE (for himself and amend the Small Business Act to adjust the NHOFE): 30, 2018; to the Committee on Homeland Se- Mr. I real estate appraisal thresholds under the S. 3778. A bill to allow State manufac- curity and Governmental Affairs. 7(a) program of the Small Business Adminis- turing extension partnerships to award EC–7547. A communication from the Sec- tration to bring those thresholds into line retary of Labor, transmitting, pursuant to grants to small and medium sized manufac- with the thresholds used by the Federal turers for the purpose of training new work- law, the Department of Labor’s Agency Fi- banking regulators, and for other purposes nancial Report for fiscal year 2018; to the ers to replace departing experienced work- (Rept. No. 115–437). ers; to the Committee on Commerce, Committee on Homeland Security and Gov- Report to accompany S. 3553, a bill to ernmental Affairs. Science, and Transportation. amend the Small Business Act to adjust the By Mr. CARPER (for himself and Ms. EC–7548. A communication from the Direc- real estate appraisal thresholds under the tor of the Peace Corps, transmitting, pursu- MURKOWSKI): section 504 program of the Small Business S. 3779. A bill to establish a voluntary pro- ant to law, the Corps’ Agency Financial Re- Administration to bring those thresholds port for fiscal year 2018; to the Committee on gram that strengthens the economy, public into line with the thresholds used by the health, and environment of the United Homeland Security and Governmental Af- Federal banking regulators, and for other fairs. States by reducing emissions from wood purposes (Rept. No. 115–438). heaters, and for other purposes; to the Com- EC–7549. A communication from the Acting By Ms. MURKOWSKI, from the Committee Chairman of the National Endowment of the mittee on Environment and Public Works. on Energy and Natural Resources: By Mr. MERKLEY: Arts, transmitting, pursuant to law, the En- Report to accompany S. 1548, a bill to des- S. 3780. A bill to amend the Animal Welfare dowment’s Performance and Accountability ignate certain land administered by the Bu- Act to limit experimentation on cats; to the Report for fiscal year 2018; to the Committee reau of Land Management and the Forest Committee on Agriculture, Nutrition, and on Homeland Security and Governmental Af- Service in the State of Oregon as wilderness Forestry. fairs. and national recreation areas and to make By Mr. PORTMAN (for himself and Mr. EC–7550. A communication from the Assist- additional wild and scenic river designations CARDIN): ant Secretary, Legislative Affairs, Depart- in the State of Oregon, and for other pur- S. 3781. A bill to amend the Internal Rev- ment of State, transmitting, pursuant to poses (Rept. No. 115–439). law, a report consistent with the Authoriza- Report to accompany S. 2809, a bill to es- enue Code of 1986 to reform retirement provi- tion for Use of Military Force Against Iraq tablish the San Rafael Swell Western Herit- sions, and for other purposes; to the Com- Resolution of 2002 (P.L. 107–243) and the Au- age and Historic Mining National Conserva- mittee on Finance. thorization for the Use of Force Against Iraq tion Area in the State of Utah, to designate By Mr. DAINES: Resolution of 1991 (P.L. 102–1) for the July 11, wilderness areas in the State, to provide for S. 3782. A bill to restore the application of 2018 to September 9, 2018 reporting period; to certain land conveyances, and for other pur- the Federal antitrust laws to the business of the Committee on Foreign Relations. poses (Rept. No. 115–440). health insurance to protect competition and EC–7551. A communication from the Staff Report to accompany S. 2290, a bill to im- consumers; to the Committee on the Judici- Director, U.S. Commission on Civil Rights, prove wildfire management operations and ary. transmitting, pursuant to law, the Commis- the safety of firefighters and communities By Mr. SCHATZ (for himself and Mr. sion’s Performance and Accountability Re- with the best available technology (Rept. No. BROWN): port for fiscal year 2018; to the Committee on 115–441). S. 3783. A bill to direct the Secretary of Homeland Security and Governmental Af- By Mr. THUNE, from the Committee on Education to establish and carry out a grant fairs. Commerce, Science, and Transportation, program to make grants to eligible institu- EC–7552. A communication from the Acting without amendment: tions to plan and implement programs that Chairman, Federal Maritime Commission, S. 2764. A bill to amend and enhance the provide comprehensive support services and transmitting, pursuant to law, the Commis- High Seas Driftnet Fishing Moratorium Pro- resources designed to increase transfer and sion’s Performance and Accountability Re- tection Act to improve the conservation of graduation rates at community colleges, and port for fiscal year 2018; to the Committee on sharks, and for other purposes (Rept. No. 115– for other purposes; to the Committee on Commerce, Science, and Transportation. 442). Health, Education, Labor, and Pensions. EC–7553. A communication from the Fed- By Mr. THUNE, from the Committee on By Mr. DURBIN: eral Register Liaison Officer, Alcohol and Commerce, Science, and Transportation, S. 3784. A bill to address the needs of work- Tobacco Tax and Trade Bureau, Department with an amendment in the nature of a sub- ers in industries likely to be impacted by of the Treasury, transmitting, pursuant to stitute: rapidly evolving technologies; to the Com- law, the report of a rule entitled ‘‘Establish- S. 1426. A bill to amend the Ted Stevens mittee on Health, Education, Labor, and ment of the Upper Hudson Viticultural Olympic and Amateur Sports Act to expand Pensions.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.023 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7926 CONGRESSIONAL RECORD — SENATE December 19, 2018 By Mr. MARKEY (for himself and Mr. vide for the electronic delivery of pension United States Cadet Nurse Corps and ex- RUBIO): plan information; to the Committee on pressing the appreciation of the Senate for S. 3785. A bill to require a joint resolution Health, Education, Labor, and Pensions. the contribution of the members of the of approval for the entry into effect of a ci- By Ms. HARRIS: United States Cadet Nurse Corps during vilian nuclear cooperation agreement with S. 3796. A bill to amend the Public Health World War II; considered and agreed to. Saudi Arabia, and for other purposes; to the Service Act to authorize a loan repayment By Mr. GRAHAM (for himself, Mrs. Committee on Foreign Relations. program for mental health professionals to SHAHEEN, Mr. COTTON, Mrs. ERNST, By Mr. SASSE (for himself and Mr. realize workforce shortages, and for other Mr. RUBIO, Mr. KING, Mr. CORKER, and KING): purposes; to the Committee on Health, Edu- Mr. REED): S. 3786. A bill to require the Secretary of cation, Labor, and Pensions. S. Res. 738. A resolution expressing the Defense to conduct a study on By Ms. HARRIS: sense of the Senate that the United States cyberexploitation of members of the Armed S. 3797. A bill to amend title XVIII of the should continue its limited military activi- Forces and their families, and for other pur- Social Security Act to provide for coverage ties within Syria and that ending such ac- poses; to the Committee on Armed Services. under the Medicare program of certain men- tivities at this time would embolden ISIS, By Mr. HATCH (for himself and Mr. tal health telehealth services; to the Com- Bashar al-Assad, Iran, and Russia and put CASEY): mittee on Finance. our Kurdish allies in great jeopardy; to the S. 3787. A bill to amend title XVIII of the By Mr. MERKLEY: Committee on Foreign Relations. Social Security Act to encourage the devel- S. 3798. A bill to prohibit the Department f opment and use of DISARM antimicrobial of Health and Human Services from oper- drugs, and for other purposes; to the Com- ating unlicensed temporary emergency shel- ADDITIONAL COSPONSORS mittee on Finance. ters for unaccompanied alien children; to the S. 413 By Mr. SASSE: Committee on the Judiciary. APITO S. 3788. A bill to require studies on By Mr. CRUZ (for himself, Mr. NELSON, At the request of Mrs. C , the cyberexploitation of employees of certain Mr. MARKEY, Mr. RUBIO, and Mr. COR- name of the Senator from Delaware Federal departments and their families, and NYN): (Mr. CARPER) was added as a cosponsor for other purposes; to the Committee on S. 3799. A bill to authorize the programs of of S. 413, a bill to amend title XVIII of Homeland Security and Governmental Af- the National Aeronautics and Space Admin- the Social Security Act to prohibit pre- fairs. istration, and for other purposes; to the scription drug plan sponsors and MA– By Mr. KENNEDY: Committee on Commerce, Science, and PD organizations under the Medicare S. 3789. A bill to provide for certain water Transportation. program from retroactively reducing resources development activities of the f Corps of Engineers, and for other purposes; payment on clean claims submitted by to the Committee on Environment and Pub- SUBMISSION OF CONCURRENT AND pharmacies. lic Works. SENATE RESOLUTIONS S. 760 By Mr. WHITEHOUSE (for himself and The following concurrent resolutions At the request of Mr. SCHATZ, the Mr. HATCH): name of the Senator from Ohio (Mr. S. 3790. A bill to impose criminal sanctions and Senate resolutions were read, and on certain persons involved in international referred (or acted upon), as indicated: PORTMAN) was added as a cosponsor of doping fraud conspiracies, to provide restitu- By Mr. CARDIN (for himself, Mr. S. 760, a bill to expand the Govern- tion for victims of such conspiracies, and to YOUNG, Mr. VAN HOLLEN, Mr. COONS, ment’s use and administration of data require sharing of information with the Mr. MARKEY, Mr. BOOKER, and Ms. to facilitate transparency, effective United States Anti-Doping Agency to assist KLOBUCHAR): governance, and innovation, and for its fight against doping, and for other pur- S. Res. 733. A resolution calling on the other purposes. poses; to the Committee on Commerce, Government of Cameroon, armed separatist S. 796 Science, and Transportation. groups, and all citizens to respect human By Mr. COONS (for himself and Mr. rights and adopt nonviolent approaches to At the request of Mr. WARNER, the FLAKE): conflict resolution; to the Committee on name of the Senator from New Jersey S. 3791. A bill to create a Carbon Dividend Foreign Relations. (Mr. BOOKER) was added as a cosponsor Trust Fund for the American people in order By Mr. MANCHIN (for himself, Mr. of S. 796, a bill to amend the Internal to encourage market-driven innovation of SCHUMER, Mrs. MURRAY, Mr. WYDEN, Revenue Code of 1986 to extend the ex- clean energy technologies and market effi- Mr. JONES, Mr. CARPER, Ms. BALDWIN, clusion for employer-provided edu- ciencies which will reduce harmful pollution Mr. BROWN, Mr. KAINE, Mr. UDALL, cation assistance to employer pay- and leave a healthier, more stable, and more Mr. DURBIN, Mr. REED, Mr. VAN HOL- ments of student loans. prosperous nation for future generations; to LEN, Mr. SANDERS, Mr. HEINRICH, Mr. the Committee on Finance. BENNET, Ms. KLOBUCHAR, Ms. SMITH, S. 910 By Ms. KLOBUCHAR (for herself and Mr. TESTER, Mrs. MCCASKILL, Ms. At the request of Mr. GARDNER, his Mr. GRASSLEY): HIRONO, Ms. WARREN, Mr. DONNELLY, name was added as a cosponsor of S. S. 3792. A bill to prohibit brand name drug Mr. CASEY, Mr. MURPHY, Ms. CORTEZ 910, a bill to prohibit discrimination companies from compensating generic drug MASTO, Mr. KING, Mr. LEAHY, Ms. against individuals with disabilities companies to delay the entry of a generic DUCKWORTH, Mr. WHITEHOUSE, Mr. who need long-term services and sup- drug into the market, and to prohibit bio- MARKEY, Mr. BLUMENTHAL, Mrs. SHA- ports, and for other purposes. logical product manufactures from compen- HEEN, Mr. CARDIN, Mr. MENENDEZ, Mr. sating biosimilar and interchangeable com- BOOKER, Ms. HASSAN, Ms. HARRIS, Ms. S. 1351 panies to delay the entry of biosimilar bio- STABENOW, Mr. PETERS, and Mr. At the request of Mr. GRASSLEY, the logical products and interchangeable biologi- MERKLEY): name of the Senator from Washington cal products; to the Committee on the Judi- S. Res. 734. A resolution authorizing the (Ms. CANTWELL) was added as a cospon- ciary. Senate Legal Counsel to represent the Sen- sor of S. 1351, a bill to amend the Pub- By Mr. HATCH (for himself and Mr. ate in Texas v. United States, No. 4:18-cv- lic Health Service Act with respect to SCHUMER): 00167-O (N.D. Tex.); to the Committee on S. 3793. A bill to acknowledge the rights of Rules and Administration. the designation of general surgery States with respect to sports wagering and By Mr. MARKEY (for himself, Mr. shortage areas, and for other purposes. to maintain a distinct Federal interest in RUBIO, Mr. CARDIN, Ms. COLLINS, and S. 1906 the integrity and character of professional Mr. MERKLEY): At the request of Mr. MARKEY, the and amateur sporting contests, and for other S. Res. 735. A resolution condemning the names of the Senator from Minnesota purposes; to the Committee on the Judici- mass atrocities committed against the (Ms. SMITH), the Senator from Mis- ary. Rohingya in Burma and urging account- By Mr. GARDNER: ability for the Burmese military; to the sissippi (Mr. WICKER), the Senator from S. 3794. A bill to amend title 38, United Committee on Foreign Relations. Virginia (Mr. KAINE), the Senator from States Code, to improve the procurement By Mr. GARDNER (for himself and Mr. Virginia (Mr. WARNER), the Senator practices of the Department of Veterans Af- COONS): from Georgia (Mr. PERDUE), the Sen- fairs, and for other purposes; to the Com- S. Res. 736. A resolution urging the estab- ator from Washington (Ms. CANTWELL), mittee on Veterans’ Affairs. lishment of a Cyber League of Indo-Pacific the Senator from Michigan (Mr. By Mr. BROWN (for himself, Mr. ENZI, States to address cyber threats; to the Com- PETERS), the Senator from Kansas (Mr. Mr. PETERS, Mr. PORTMAN, Mr. ISAK- mittee on Foreign Relations. ROBERTS) and the Senator from Con- SON, and Mr. JONES): By Mr. KING (for himself, Ms. COLLINS, S. 3795. A bill to amend the Employee Re- and Ms. WARREN): necticut (Mr. BLUMENTHAL) were added tirement and Income Security Act of 1974 S. Res. 737. A resolution recognizing the as cosponsors of S. 1906, a bill to post- and the Internal Revenue Code of 1986 to pro- 75th anniversary of the establishment of the humously award the Congressional

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.026 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7927 Gold Medal to each of Glen Doherty, shire (Ms. HASSAN) and the Senator (Mr. BENNET), the Senator from Kansas Tyrone Woods, J. Christopher Stevens, from Massachusetts (Ms. WARREN) were (Mr. MORAN) and the Senator from and Sean Smith in recognition of their added as cosponsors of S. 3612, a bill to West Virginia (Mr. MANCHIN) were contributions to the Nation. amend the Fair Housing Act to pro- added as cosponsors of S. 3777, a bill to S. 2018 hibit discrimination based on source of require the Secretary of Veterans Af- At the request of Mr. BENNET, the income or veteran status. fairs to establish a tiger team dedi- names of the Senator from Maryland S. 3622 cated to addressing the difficulties en- (Mr. CARDIN) and the Senator from At the request of Mr. MENENDEZ, the countered by the Department of Vet- Rhode Island (Mr. WHITEHOUSE) were name of the Senator from Illinois (Mr. erans Affairs in carrying out section added as cosponsors of S. 2018, a bill to DURBIN) was added as a cosponsor of S. 3313 of title 38, United States Code, amend the Internal Revenue Code of 3622, a bill to condemn gross human after the enactment of sections 107 and 1986 to make the child tax credit fully rights violations of ethnic Turkic Mus- 501 of the Harry W. Colmery Veterans refundable, establish an increased child lims in Xinjiang, and calling for an end Educational Assistance Act of 2017. tax credit for young children, and for to arbitrary detention, torture, and S. RES. 109 other purposes. harassment of these communities in- At the request of Mr. COONS, the S. 2046 side and outside China. name of the Senator from Alabama UBIO At the request of Mrs. MURRAY, the At the request of Mr. R , the (Mr. JONES) was added as a cosponsor name of the Senator from Ohio (Mr. name of the Senator from Kansas (Mr. of S. Res. 109, a resolution encouraging MORAN) was added as a cosponsor of S. PORTMAN) was added as a cosponsor of the Government of Pakistan to release S. 2046, a bill to amend titles 5 and 44, 3622, supra. Aasiya Noreen, internationally known United States Code, to require Federal S. 3636 as Asia Bibi, and reform its religiously evaluation activities, improve Federal At the request of Mr. WYDEN, the intolerant laws regarding blasphemy. name of the Senator from Washington data management, and for other pur- f poses. (Ms. CANTWELL) was added as a cosponsor of S. 3636, a bill to amend the Inter- STATEMENTS ON INTRODUCED S. 2918 nal Revenue Code of 1986 to provide BILLS AND JOINT RESOLUTIONS At the request of Ms. HARRIS, the matching payments for retirement sav- name of the Senator from Maryland By Mr. CARPER (for himself and ings contributions by certain individ- (Mr. VAN HOLLEN) was added as a co- Ms. MURKOWSKI): uals. sponsor of S. 2918, a bill to amend the S. 3779. A bill to establish a vol- Religious Freedom Restoration Act of S. 3638 untary program that strengthens the At the request of Mr. KYL, the name 1993 to protect civil rights and other- economy, public health, and environ- of the Senator from Iowa (Mrs. ERNST) wise prevent meaningful harm to third ment of the United States by reducing was added as a cosponsor of S. 3638, a parties, and for other purposes. emissions from wood heaters, and for bill to amend the Internal Revenue other purposes; to the Committee on S. 3178 Code of 1986 to reduce the rate of tax Environment and Public Works. At the request of Ms. HARRIS, the on estates, gifts, and generation-skip- Mr. CARPER. Mr. President, I rise to name of the Senator from Michigan ping transfers. talk about the Wood Heater Emissions (Mr. PETERS) was added as a cosponsor S. 3707 Reduction Act, or WHERA, which I am of S. 3178, a bill to amend title 18, At the request of Mr. PORTMAN, the introducing today with my good friend United States Code, to specify lynching name of the Senator from California (Ms. MURKOWSKI), the senior Senator as a deprivation of civil rights, and for (Ms. HARRIS) was added as a cosponsor from Alaska. other purposes. of S. 3707, a bill to direct the Secretary In 2005, my dear friend, former Sen- S. 3313 of Homeland Security to establish a ator Voinovich, came to me with a At the request of Mr. SANDERS, the vulnerability disclosure policy for De- great idea—the Diesel Emissions Re- name of the Senator from Nevada (Ms. partment of Homeland Security inter- duction Act, or DERA. DERA didn’t CORTEZ MASTO) was added as a cospon- net websites, and for other purposes. roll back emissions standards for diesel sor of S. 3313, a bill to improve dental S. 3729 engines, but instead created an Envi- care provided to veterans by the De- At the request of Ms. WARREN, the ronmental Protection Agency (EPA) partment of Veterans Affairs, and for name of the Senator from Oregon (Mr. grant program to incentivize the use of other purposes. MERKLEY) was added as a cosponsor of newer diesel technology. Together, and S. 3363 S. 3729, a bill to recognize and honor joined by many of my colleagues that At the request of Ms. HARRIS, the the service of individuals who served in are still serving in the Senate today, name of the Senator from Vermont the United States Cadet Nurse Corps we established one of the most success- (Mr. SANDERS) was added as a cospon- during World War II, and for other pur- ful clean air programs on the books. sor of S. 3363, a bill to support States in poses. This program is one that is loved by re- their work to end preventable mor- S. 3768 tailers, manufactures, States and bidity and mortality in maternity care At the request of Mr. ROBERTS, the health groups alike. by using evidence-based quality im- name of the Senator from North Da- As many of my colleagues know, I’m provement to protect the health of kota (Mr. HOEVEN) was added as a co- someone that is always trying to find mothers during pregnancy, childbirth, sponsor of S. 3768, a bill to amend title out what works and do more of it. and in the postpartum period and to re- XVIII of the Social Security Act to re- When my staff explained to me the duce neonatal and infant mortality, to move the 96-hour physician certifi- public health challenges that residen- eliminate racial disparities in mater- cation requirement for inpatient crit- tial wood heaters present to commu- nal health outcomes, and for other pur- ical access hospital services. nities, especially rural communities poses. S. 3771 across this country; I knew the chal- S. 3584 At the request of Mr. WYDEN, the lenges were very similar to the ones we At the request of Mr. MERKLEY, the names of the Senator from Rhode Is- faced with diesel engines in 2005. I name of the Senator from Oregon (Mr. land (Mr. WHITEHOUSE) and the Senator knew if DERA could be a successful WYDEN) was added as a cosponsor of S. from Washington (Ms. CANTWELL) were program to retrofit or replace old die- 3584, a bill to amend the Higher Edu- added as cosponsors of S. 3771, a bill to sel engines, we could use the program cation Act of 1965 in order to increase amend the Internal Revenue Code of as a framework to replace residential usage of the Federal student loan in- 1986 to permit treatment of student wood heaters. come-based repayment plan and im- loan payments as elective deferrals for Like the eleven million old diesel en- prove repayment options for borrowers, purposes of employer matching con- gines that were on the road a decade and for other purposes. tributions, and for other purposes. ago, there are over eleven million S. 3612 S. 3777 homes that use wood as a primary or At the request of Mr. KAINE, the At the request of Mr. BOOZMAN, the secondary heat source, and a majority names of the Senator from New Hamp- names of the Senator from Colorado of those homes are located in rural

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.028 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7928 CONGRESSIONAL RECORD — SENATE December 19, 2018 areas. These residential wood heaters, ated with their old wood heaters or SEC. 2. FINDINGS. such as woodstoves, pellet stoves and cannot afford to buy a new wood heater Congress makes the following findings: wood furnaces, often have a long life- on their own. This means that newer, (1) In 2014, the United States spent just 0.1 span, some lasting more than fifty cleaner heaters are not getting into percent of the Nation’s Gross Domestic Prod- homes fast enough. The Carper-Mur- uct on labor market policies, less than half years. Due to this long lifespan, indus- of what the United States spent on labor try estimates that six million residen- kowski Wood Heater Emissions Reduc- market policies 30 years ago. tial wood heaters in operation today do tion Act attempts to solve this prob- (2) The number of workers receiving feder- not meet 1988 EPA Clean Air Act emis- lem. ally supported training has declined in the sion standards, much less the current WHERA authorizes a five-year grant past 3 decades as advances in technology emissions standards implemented in program at EPA to incentivize the re- have simultaneously shifted labor market 2015. moval and replacement of old, ineffi- demand over time. Collectively, older residential wood cient residential wood heaters for more (3) As much as 47 percent of all jobs in the heaters are a major source of air pollu- efficient, clean-burning heaters. Spe- United States are at risk of being replaced by automation technology, and job losses tion in the United States, especially in cifically, WHERA funding targets incentives to: (1) scrap or recycle old from automation are more likely to impact rural areas. According to EPA, older, workers making less than $40,000 annually. inefficient residential wood heaters can wood heaters; and (2) replace them (4) Strong Federal investment in expanding produce a deadly mix of particulate with new, efficient, clean burning and training services for workers whose jobs may matter (or PM), carbon monoxide, properly installed heaters that at least be lost due to automation could prepare the volatile organic compounds (which meet EPA’s most stringent wood heat- United States workforce to better adapt to contribute to ozone), black carbon er emission standards. Using the suc- changes in the labor market and enter into (which contributes to climate change) cessful Diesel Emissions Reduction Act skilled positions in technologically-oriented occupations and industries. and air toxics (such as benzene and as a model, WHERA allows States, In- dian tribes, territories, and local air (5) A focus on preparing the workforce of formaldehyde). This pollution builds up the United States for jobs that utilize ad- inside and outside the home and con- quality agencies to compete for Fed- eral dollars to fund wood heater vanced technologies could grow wages, in- taminates the air we breathe. This pol- crease economic productivity, and boost the change-out programs that work for lution can trigger asthma attacks and competitiveness of the United States. their communities. cause lung damage, cancer, and other SEC. 3. DEFINITIONS. WHERA also supports retailers and significant health problems, including manufacturers with the transition to In this Act: (1) AUTOMATION.—The term ‘‘automation’’ death. cleaner, more efficient residential As other industries clean up their air means a device, process, or system that func- wood heaters. WHERA incentivizes emissions, older, inefficient residential tions without continuous input from an op- homeowners to buy the best available wood heaters stand out among the erator, including— residential wood heater products— (A) advanced technologies, such as— largest sources of PM pollution. EPA when they might not otherwise do so— (i) data collection, classification proc- data indicate that nation-wide, ineffi- giving financial incentives for retailers essing, and analytics; and cient residential wood heaters emit and manufacturers to sell and make (ii) 3-D printing, digital design and simula- five times more PM pollution than the the best products. Overall, the residen- tion, and digital manufacturing; U.S. petroleum refineries, cement man- tial wood heater industry has been sup- (B) robotics, including collaborative robot- ufacturers, and pulp and paper plants ics, and worker augmentation technology; portive of such wood heater change-out (C) autonomous vehicle technology; or combined. In Delaware alone, older programs at the State and local level. wood heaters are the second largest (D) autonomous machinery technology. Because rural areas and tribal areas (2) DISLOCATED WORKER.—The term ‘‘dis- source of PM pollution in the state, have a disproportionate need, WHERA located worker’’ has the meaning given the contributing more than highway vehi- also requires that Indian tribal and term in section 3 of the Workforce Innova- cles, electric utilities and the petro- rural communities are fairly rep- tion and Opportunity Act (29 U.S.C. 3102). leum industries combined. In Alaska, resented in funding allocations and (3) IN-DEMAND INDUSTRY SECTOR OR OCCUPA- inefficient woodstoves and wood heat- that Indian tribal governments receive TION.—The term ‘‘in-demand industry sector ers play a significant role in the classi- at least 4% of total funding under the or occupation’’ has the meaning given the fication of Fairbanks as a nonattain- program. term in section 3 of that Act. ment area for fine particulate air pol- My friend from Alaska and I feel that (4) INTEGRATED EDUCATION AND TRAINING.— The term ‘‘integrated education and train- lution. we’ve put together a program that will ing’’ has the meaning given the term in sec- Fortunately, technology made and be as, or more, successful than the tion 3 of that Act. sold in the U.S. can dramatically re- DERA program. Replacing outdated (5) ELIGIBLE PARTNERSHIP.—The term ‘‘eli- duce the pollution that is emitted from wood heaters with new clean-burning gible partnership’’ means an industry or sec- residential wood heaters and the heaters that meet EPA emission stand- tor partnership, as defined in section 3 of amount of wood needed to heat a home. ards will reduce toxic air pollution and that Act, except that— Wood heaters being made today that particulate matter, protect public (A) for purposes of applying paragraph meet EPA’s strictest emission stand- health, and support American jobs. (26)(A)(iii) of that section, the term ‘‘institu- ards emit at least 70% less PM and save This legislation is a true win-win-win, tion of higher education’’ has the meaning given the term in section 101 of the Higher consumers twenty to forty percent in and one that I commend to my col- Education Act of 1965 (20 U.S.C. 1001); and heating costs from gained efficiencies. leagues for their serious consideration. (B) the partnership shall include represent- If we could encourage all homeowners atives of— to use the latest residential wood heat- By Mr. DURBIN: (i) a State workforce development board or er technology, it could have a massive S. 3784. A bill to address the needs of a local workforce development board; and beneficial effect on public health. EPA workers in industries likely to be im- (ii) an economic development organization. has determined that replacing just one pacted by rapidly evolving tech- (6) LOCAL AND STATE WORKFORCE DEVELOP- old, inefficient wood heater is equiva- nologies; to the Committee on Health, MENT BOARDS.—The terms ‘‘local workforce development board’’ and ‘‘State workforce lent to taking five dirty diesel engines Education, Labor, and Pensions. Mr. DURBIN. Mr. President, I ask development board’’ have the meanings off the road and the monetized public unanimous consent that the text of the given the terms in section 3 of the Workforce health benefits from replacing the Na- Innovation and Opportunity Act (29 U.S.C. bill be printed in the RECORD. tion’s old, inefficient residential wood There being no objection, the text of 3102). (7) SECRETARY.—The term ‘‘Secretary’’ heaters would be up to $126 billion per the bill was ordered to be printed in year. Baser on all that we know, it is means the Secretary of Labor. the RECORD, as follows: clear that replacing older stoves for (8) TRAINING SERVICES.—The term ‘‘train- S. 3784 newer, cleaner burning stoves will re- ing services’’ means training services de- Be it enacted by the Senate and House of Rep- scribed in section 134(c)(3)(D) of that Act (29 sult in cleaner air, lower healthcare resentatives of the United States of America in U.S.C. 3174(c)(3)(D)). bills and lower costs for consumers. Congress assembled, SEC. 4. GAO STUDY ON BARRIERS TO AND OPPOR- Unfortunately, as with old diesel en- SECTION 1. SHORT TITLE. TUNITIES FOR RETRAINING WORK- gine owners, most homeowners are not This Act may be cited as the ‘‘Investing in ERS. aware of the health problems associ- Tomorrow’s Workforce Act of 2018’’. (a) STUDY.—

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(1) IN GENERAL.—The Comptroller General demonstration and pilot projects relating to ers for in-demand industry sectors or occupa- of the United States shall conduct a study of the training needs of workers who are, or are tions. the barriers to providing, and opportunities likely to become, dislocated workers as a re- (2) Providing assistance for employers in for improving, training for workers in indus- sult of automation. developing a staff position for an individual tries that have, or are likely to have, high (2) DURATION.—A grant awarded under this who will be responsible for supporting train- rates of job loss due to automation. section shall be for a period not to exceed 3 ing services provided under the grant. (2) CONTENTS.—In conducting the study, years. (3) Purchasing equipment or technology the Comptroller General shall study— (b) APPLICATIONS.— necessary for training services provided (A) considerations impacting, and strate- (1) IN GENERAL.—To be eligible to receive a under paragraph (1). gies to improve data collection with respect grant under this section, an eligible partner- (4) Providing job search and other transi- to, the workforce in industries with high ship shall submit an application to the Sec- tional assistance to workers in industries rates of job loss or a high likelihood of auto- retary at such time, in such manner, and with high rates of job loss. mation in the United States, including con- containing such information as the Sec- (5) Providing a training stipend to workers siderations and data collection strategies retary shall reasonably require. for training services. concerning— (2) CONTENTS.—Each application submitted (6) Providing integrated education and (i) industries and occupations most likely under paragraph (1) shall include a descrip- training. to be impacted by automation, including— tion of the demonstration or pilot project to (e) REPORT.—Not later than 1 year after an (I) the geographical location of those in- be completed with the grant funds, which de- eligible partnership’s completion of a dem- dustries and occupations; scription shall include— onstration or pilot project supported under (II) the annual average wages of those oc- (A) a description of the members of the eli- this section, the eligible partnership shall cupations; and gible partnership who will be involved in the prepare and submit to the Secretary a report (III) demographic data on the race, gender, demonstration or pilot program and the regarding— and age of workers in those industries and services each member will provide; (1) the number of workers who received occupations; (B) a description of the training services training services through the demonstration (ii) employer-based training practices in that will be available to individuals partici- or pilot project, disaggregated by type of those industries and occupations; pating in the demonstration or pilot project, training service and the age, gender, and (iii) the frequency with which employers which may include— race of the workers; provide worker training to address skills (i) a plan to train dislocated workers from (2) the number of such workers who suc- needs and react to changes in the labor mar- industries likely to be impacted by automa- cessfully transitioned into a new position ket; and tion and transition the workers into region- following completion of the training serv- (iv) projected job losses; ally in-demand industry sectors or occupa- ices; (B) considerations impacting, and strate- tions; and (3) the number of individuals who success- gies to improve data collection with respect (ii) a plan to partner with local businesses fully transitioned into an in-demand indus- to, the workforce in in-demand industry sec- to retrain, upskill, and re-deploy workers try sector or occupation following comple- tors and occupations in the United States, within an industry as an alternative to lay- tion of the training services; such as advanced manufacturing, informa- offs; (4) annual earnings data for individuals tion technology, and health care, including (C) a plan to provide workers with tech- who have completed training services considerations and data collection strategies nology-based skills training, which may in- through the demonstration or pilot project; concerning— clude training to provide skills related to (5) the percentage of individuals described (i) industry sectors and occupations that coding, systems engineering, or information in paragraph (4) who are in education or may emerge or become in-demand industry technology security, in addition to other training activities, or in employment, during sectors or occupations as a result of automa- skills; and the second quarter after exit from the train- tion, including— (D) a description of the goals that the eli- ing services; (I) the geographical location of those in- gible partnership intends to achieve to (6) the percentage of individuals described dustry sectors and occupations; upskill workers and prepare them for in-de- in paragraph (4) who are in education or (II) the average annual wages of those oc- mand industry sectors or occupations. training activities, or in employment, during cupations; and (c) PRIORITIES.—In awarding grants under the fourth quarter after exit from the train- (III) demographic data on the race, gender, this section, the Secretary shall give pri- ing services; and and age of workers in those occupations; ority to— (7) any practices used by the partnership (ii) the skills and education needed to fill (1) eligible partnerships that are located in that should be considered best practices with the positions in those industries; an area with a high concentration of— respect to training workers in industries (iii) employer-based training practices in (A) industries with a higher likelihood of that have, or are expected to have, high those industry sectors; and being impacted by automation; or rates of job loss as a result of automation. (iv) projected job gains; (B) industries included in in-demand indus- (f) GENERAL REQUIREMENTS.—An eligible (C) barriers to, and opportunities for, re- try sectors, as determined under subpara- partnership that receives a grant under this training workers in industries that have a graphs (A)(i) and (B) of section 3(23) of the section shall use the grant funds in a manner high likelihood of being impacted by auto- Workforce Innovation and Opportunity Act that is consistent with the labor standards mation; (29 U.S.C. 3102(23)); and protections described in section 181 of (D) the impact of the geographical location (2) eligible partnerships— the Workforce Innovation and Opportunity of workers and their access to transportation (A) with a plan to provide incumbent work- Act (29 U.S.C. 3241) and nondiscrimination on the ability of the workers to access job er training— provisions described in section 188 of such training and related higher-skilled positions; (i) to assist workers in obtaining the skills Act (29 U.S.C. 3248). (E) the impact of workers’ access to other necessary to retain employment or avert (g) AUTHORIZATION OF APPROPRIATIONS.— benefits and services, including child care, layoffs; or There are authorized to be appropriated to paid sick leave, paid family and medical (ii) that allows a worker working for an carry out this section such sums as may be leave, or a retirement plan, on the ability of employer to acquire new skills that allow necessary for the first 5 full fiscal years after the workers to access job training and re- the worker to obtain a higher-skilled or the date of enactment of this Act. lated higher-skilled positions; and higher-paid position with such employer; and SEC. 6. EXPANSION OF WORKER TRAINING SERV- (F) how reduced Federal funding for job (B) that partner with local employers that ICES. training programs has impacted the ability intend to backfill the pre-training positions (a) ADULT AND DISLOCATED WORKER EM- of State and local governments, employers, of the incumbent workers by hiring new PLOYMENT AND TRAINING.—Section and communities to respond to changes in workers to fill those positions; 134(d)(1)(A) of the Workforce Innovation and the labor market, including rapidly evolving (3) eligible partnerships that will provide Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is technologies. workers with a transportation stipend, paid amended— (b) REPORT.—On completion of the study sick leave, paid family and medical leave, ac- (1) in clause (xi), by striking ‘‘and’’ at the required by subsection (a), the Comptroller cess to child care services, or other employ- end; General of the United States shall prepare ment benefits; or (2) in clause (xii), by striking the period and submit to the appropriate committees of (4) eligible partnerships with a plan to de- and inserting ‘‘; and’’; and Congress a report concerning the results of velop a shared training curriculum that can (3) by adding at the end the following: the study. be used across local and regional networks of ‘‘(xiii) training programs for individuals SEC. 5. GRANTS TO IMPROVE TRAINING FOR employers and training providers. who are, or are likely to become, dislocated WORKERS IMPACTED BY AUTOMA- (d) USE OF FUNDS.—An eligible partnership workers as a result of automation, including TION. that receives a grant under this section shall activities that prepare the individuals for oc- (a) GRANTS AUTHORIZED.— use the grant funds for 1 or more of the fol- cupations in the technology sector.’’. (1) IN GENERAL.—From the amounts appro- lowing: (b) NATIONAL DISLOCATED WORKER priated under subsection (g), the Secretary (1) Providing training services under the GRANTS.—Section 170 of the Workforce Inno- of Labor shall award grants, on a competi- demonstration or pilot project, which may vation and Opportunity Act (29 U.S.C. 3225) is tive basis, to eligible partnerships to support include training services that prepare work- amended—

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.033 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7930 CONGRESSIONAL RECORD — SENATE December 19, 2018 (1) in subsection (b)(1)(A), by inserting ‘‘ad- couraged by the challenges and com- Rights, have documented the excessive use of vances in automation technology,’’ before peting interests, and I look forward to force by Government of Cameroon security ‘‘plant closures,’’; and being supportive of future congres- forces against Cameroonians living in the (2) by adding at the end the following: sional efforts to engage on this issue. Anglophone regions, including the burning of ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— villages, the use of live ammunition against In addition to any funds reserved under sec- f protestors, arbitrary arrest and detention, tion 132(a)(2)(A) to carry out this section, torture, and sexual abuse; there are authorized to be appropriated to SUBMITTED RESOLUTIONS Whereas the Department of State has ex- carry out this section $40,000,000 for each of pressed serious concern over the Government fiscal years 2018 through 2020.’’. of Cameroon’s use of force to restrict free ex- SENATE RESOLUTION 733—CALL- pression, and the use of violence against in- By Mr. HATCH (for himself and ING ON THE GOVERNMENT OF dividuals protesting the Government’s poli- Mr. SCHUMER): CAMEROON, ARMED SEPARATIST cies in the Anglophone regions; S. 3793. A bill to acknowledge the GROUPS, AND ALL CITIZENS TO Whereas both the Government of Cam- rights of States with respect to sports RESPECT HUMAN RIGHTS AND eroon security forces and armed groups have wagering and to maintain a distinct ADOPT NONVIOLENT AP- been documented targeting and brutally kill- PROACHES TO CONFLICT RESO- ing civilians in the Anglophone regions, in- Federal interest in the integrity and cluding women and children; character of professional and amateur LUTION Whereas United States citizen Charles sporting contests, and for other pur- Mr. CARDIN (for himself, Mr. YOUNG, Wesco was senselessly killed near the town poses; to the Committee on the Judici- Mr. VAN HOLLEN, Mr. COONS, Mr. MAR- of Bamenda, Cameroon on October 30, 2018, ary. KEY, Mr. BOOKER, and Ms. KLOBUCHAR) after being caught in what the Department Mr. HATCH. Mr. President, on May submitted the following resolution; of State has characterized as ‘‘cross fire’’; Whereas the United Nations Office for the 14, 2018, the Supreme Court in Murphy which was referred to the Committee v. NCAA, 138 S. Ct. 1461, 2018, struck Coordination of Humanitarian Affairs stated on Foreign Relations: in November 2018 that at least 437,000 people down the Federal prohibition of State- S. RES. 733 were internally displaced in areas affected authorized sports wagering schemes. I Whereas the Government of Cameroon has by the Anglophone conflict; was one of four original authors of that repeatedly restricted freedoms of expression Whereas the Office of the United Nations prohibition, the Professional and Ama- nationwide by shutting down the internet, High Commissioner for Refugees reported teur Sports Protection Act of 1992, harassing and detaining journalists, refusing that it had registered more than 29,000 Public Law 102–559; 106 Stat. 4227, licenses to independent media, and inten- Cameroonian refugees from the Anglophone which found that ‘‘sports gambling sifying political attacks against the inde- regions in Nigeria as of late October 2018; conducted pursuant to State law pendent press; Whereas 47 Anglophone activists were forc- Whereas, following Cameroon’s October 7, ibly returned from Nigerian custody to threatens the integrity and character Cameroonian authorities, despite many hav- of, and public confidence in, profes- 2018, elections, the African Union Election Observation Mission stated that ‘‘the cur- ing reportedly submitted asylum claims in sional and amateur sports, instills in- rent framework needs to be strengthened in Nigeria; and appropriate values in the Nation’s order to safeguard the democratic principles Whereas 10 of the 47 individuals forcibly re- youth, misappropriates the goodwill of separation of powers, fairness, and inde- turned from Nigeria now face charges pun- and popularity of professional and pendence and impartiality,’’ which the De- ishable by the death penalty, while the other amateur sports organizations, and di- partment of State echoed, emphasizing the 37 reportedly remain in detention without lutes and tarnishes the service marks need to ‘‘respect the rule of law, resolve charge: Now, therefore, be it of such organizations.’’ peacefully any disputes through established Resolved, That the Senate— Today, I joined with Senator CHUCK legal channels, and avoid hate speech’’. (1) urges all parties to the conflict in Cam- Whereas Anglophone Cameroonians have eroon, including political opposition groups, SCHUMER to introduce the Sports Wa- long felt marginalized by official actions and to– gering Market Integrity Act of 2018, a policies of the Government of Cameroon; (A) agree to an immediate ceasefire; comprehensive legislative response to Whereas, beginning in late 2016, protests (B) allow for unfettered humanitarian as- the Murphy decision. This legislation organized by lawyers, teachers, and students sistance; is the product of nearly one year of dis- were violently repressed by the Government (C) exercise restraint and ensure that pro- cussions with stakeholders on all sides of Cameroon, leading to numerous deaths tests remain peaceful; and of the issue, the gaming industry, pro- and imprisonments, including journalists (D) engage in inclusive dialogue with civil fessional and amateur sports leagues, and lawyers; society to get to a political solution that re- consumer advocates, data providers, Whereas, in January 2017, the Government spects the rights and freedoms of the people of Cameroon ordered the suspension of Inter- of Cameroon; law enforcement, and many others. net services in the Northwest and Southwest (2) strongly condemns the abuses com- I would urge my soon-to-be former regions of Cameroon, the suspension lasting mitted by the Government of Cameroon, se- colleagues and other Members of Con- for 93 days and having a major, debilitating curity forces, and armed separatist groups in gress, should they choose to take up effect on the economy, educational institu- the Anglophone regions, including this issue, to use the bill I have intro- tions, freedom of expression, and social com- extrajudicial killings and detentions, the use duced today as a starting point for munication of the region’s residents; of force against nonviolent civilians and their work, but recognize that there is Whereas the conflict escalated in late Sep- protestors, and violations of the freedoms of much work to be done, and I would an- tember and early October 2017, when press, expression, and assembly; Cameroonian security forces brutally (3) affirms that the United States Govern- ticipate that any final legislation cracked down on unarmed civilians peace- ment continues to hold the Government of might look very different from the bill fully demonstrating, resulting in at least 20 Cameroon responsible for upholding the that was introduced today. For exam- people dying and leaving over 100 injured; rights of all citizens, regardless of political ple, the degree to which the Depart- Whereas, in 2017, armed separatist groups views or beliefs or the regions in which they ment of Justice or other Federal agen- launched a campaign to pressure school offi- reside; cies need to be involved in overseeing cials in the Anglophone region to go on (4) urges the Government of Cameroon to— state sports wagering regimes, the ap- strike as part of a boycott against the Gov- (A) initiate a credible, inclusive, good, and propriate level of control that sports ernment of Cameroon, and began burning full faith effort to work with religious and school buildings and threatening education community leaders in the Anglophone region organizations should have over sports officials with violence if they did not comply to engage in meaningful dialogue and ad- wagering, and the basis for requiring with a boycott of schools in the Anglophone dress grievances and seek nonviolent solu- the use of so-called official league data regions; tions to resolve the conflict, including pos- continue to be open questions in my Whereas human rights monitors have docu- sibly involving an independent mediator in mind. I do not necessarily believe that mented armed groups killing traditional such negotiations; those and other provisions introduced leaders and targeting civilians who are per- (B) respect the fundamental rights of all in the bill today reflect a final decision ceived to be supporting or working with the Cameroonian citizens, including political ac- regarding the appropriate policy. But Government of Cameroon, and reports indi- tivists and journalists; cate that armed militants have killed (C) ensure that any security operations are these provisions do flag many of the Cameroonian security force personnel; conducted in accordance with international difficult issues to be considered as part Whereas numerous credible reports from human rights standards, including efforts to of the sports wagering discussion. I human rights monitors, including the United ensure security forces only use force under would urge my colleagues not to be dis- Nations High Commissioner for Human appropriate circumstances;

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.033 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7931 (D) investigate all allegations of human enjoined, by asserting that the Act’s require- Whereas, beginning on August 25, 2017, the rights violations committed in the ment to maintain minimum essential cov- Government of Burma military and security Anglophone regions and take the necessary erage (commonly known as the ‘‘individual forces, as well as civilian mobs, carried out measures to prevent arbitrary detention, responsibility provision’’) in section 5000A(a) widespread attacks, rapes, killings, and the torture, enforced disappearances, deaths in of the Internal Revenue Code of 1986, is un- burning of villages throughout Rakhine custody, and inhumane prison conditions; constitutional following the amendment of State, resulting in approximately 730,000 (E) to promote the rule of law through that provision by the Act to provide for rec- Rohingya fleeing to Bangladesh and bringing more transparent accountability mecha- onciliation pursuant to titles II and V of the the total Rohingya refugee population in nisms; concurrent resolution on the budget for fis- Cox’s Bazar to over 900,000; (F) promptly charge or release all those de- cal year 2018 (Public Law 115–97) (commonly Whereas international observers widely tained in the context of the Anglophone cri- known as the ‘‘Tax Cuts and Jobs Act’’); agree that Burma has not made progress on sis, including all Anglophone activists ar- Whereas these State and individual plain- the ‘‘more crucial’’ of the 88 recommenda- rested in Nigeria, and ensure that any future tiffs also seek to strike down the entire Pa- tions of the Rakhine Advisory Commission detainees are treated with due process, in ac- tient Protection and Affordable Care Act as that addresses the root causes of conflict and cordance with Cameroon’s penal code and not severable from the individual responsi- ensures the rights and dignity of the international human rights norms; bility provision; Rohingya: freedom of movement, civil docu- (G) ensure that detainees are treated fairly Whereas, on June 7, 2018, the Department mentation, and a transparent pathway to and humanely, with proper judicial proof Justice refused to defend the constitu- citizenship; tionality of the amended individual responsi- ceedings, including a registry of those de- Whereas, since the beginning of the vio- bility provision, despite the well-established tained by the Cameroonian security forces, lence in August 2017, humanitarian and duty of the Department to defend Federal and with full access to legal resources; media access to Rakhine State has been ex- statutes where reasonable arguments can be (H) release human rights defenders, civil tremely limited; made in their defense; society activists, political prisoners, journal- Whereas Reuters journalists Wa Lone and Whereas the Department of Justice not ists, trade unionists, teachers, and any other Kyaw Soe Oo were arrested on December 12, only refused to defend the amended indi- citizens who have been arbitrarily arrested 2017, for their work to report on the Burmese vidual responsibility provision, but it affirm- and detained without trial or charge; and military’s violent campaign against the atively argued that this provision is uncon- (I) work with United States law enforce- Rohingya; stitutional and that the provisions of the Pa- ment to thoroughly investigate and pros- Whereas, on November 14, 2018, Vice Presi- tient Protection and Affordable Care Act ecute Charles Wesco’s murder; and dent Mike Pence said, ‘‘This is a tragedy guaranteeing issuance of insurance coverage (5) urges the separatist groups in that has touched the hearts of millions of regardless of health status or pre-existing Anglophone areas to— Americans. The violence and persecution by conditions (commonly known as the ‘‘guar- (A) engage with government officials to military and vigilantes that resulted in driv- anteed issue provision’’), sections 2702, 2704, peacefully express grievances and credibly ing 700,000 Rohingya to Bangladesh is with- and 2705(a) of the Public Health Service Act engage in nonviolent efforts to resolve the out excuse.’’; (42 U.S.C. 300gg–1, 300gg–3, 300gg–4(a)), and conflict; Whereas, to date, though the refugee crisis prohibiting discriminatory premium rates (B) immediately stop committing human is not of their making, the Government of (commonly known as the ‘‘community rating rights abuses, including killings of civilians, Bangladesh has accommodated the rapid and provision’’), sections 2701 and 2705(b) of the torture, kidnapping, and extortion; massive influx of Rohingya refugees into Public Health Service Act (42 U.S.C. (C) end the school boycott and imme- Cox’s Bazar; 300gg(a)(1), 300gg–4(b)) must now be struck diately cease attacks on schools, teachers, Whereas Burma’s civilian government, led down as not severable from the individual re- and education officials, and allow for the by State Counsellor Aung San Suu Kyi and sponsibility provision; and safe return of all students to class; and President Win Myint, has yet to take the Whereas the district court in Texas v. (D) immediately release all civilians ille- necessary steps to address the violence di- United States, No. 4:18–cv–00167–O (N.D. Tex.) gally detained or kidnapped. rected against the Rohingya, has failed to issued an order on December 14, 2018 declar- create the necessary conditions for returns f ing that the individual responsibility provi- (including by actively impeding access to sion in section 5000A(a) of the Internal Rev- SENATE RESOLUTION 734—AU- northern Rakhine by UNHCR, UNDP, hu- enue Code of 1986 is unconstitutional and THORIZING THE SENATE LEGAL manitarian organizations, and journalists), that all the provisions of the Patient Protec- COUNSEL TO REPRESENT THE and has failed to fully implement rec- tion and Affordable Care Act are not sever- SENATE IN TEXAS V. UNITED ommendations from the Rakhine Advisory able and therefore are invalid: Now, there- Commission that address the root causes of STATES, NO. 4:18-CV-00167-O (N.D. fore, be it TEX.) Resolved, That the Senate Legal Counsel is conflict in Rakhine; authorized to represent the Senate in Texas Whereas, on August 27, 2018, the United Na- Mr. MANCHIN (for himself, Mr. tions International Fact Finding Mission on SCHUMER, Mrs. MURRAY, Mr. WYDEN, v. United States, No. 4:18–cv–00167–O (N.D. Tex.), including seeking to— Myanmar released a report stating that, Mr. JONES, Mr. CARPER, Ms. BALDWIN, (1) intervene as a party in the matter and ‘‘The Mission concluded . . . that there is suf- Mr. BROWN, Mr. KAINE, Mr. UDALL, Mr. related proceedings; and ficient information to warrant the investiga- DURBIN, Mr. REED, Mr. VAN HOLLEN, (2) defend all provisions of the Patient Pro- tion and prosecution of senior officials in the Mr. SANDERS, Mr. HEINRICH, Mr. BEN- tection and Affordable Care Act, the amend- Tatmadaw chain of command, so that a com- NET, Ms. KLOBUCHAR, Ms. SMITH, Mr. ments made by that Act to other provisions petent court can determine their liability for TESTER, Mrs. MCCASKILL, Ms. HIRONO, of law, and any amendments to such provi- genocide in relation to the situation in Rakhine State.’’; Ms. WARREN, Mr. DONNELLY, Mr. sions, including the provisions ensuring af- Whereas, on August 25, 2018, Secretary of CASEY, Mr. MURPHY, Ms. CORTEZ fordable health coverage for those with preexisting conditions. State Mike Pompeo stated that ‘‘[a] year MASTO, Mr. KING, Mr. LEAHY, Ms. ago, following deadly militant attacks, secu- DUCKWORTH, Mr. WHITEHOUSE, Mr. MAR- f rity forces responded by launching abhorrent KEY, Mr. BLUMENTHAL, Mrs. SHAHEEN, SENATE RESOLUTION 735—CON- ethnic cleansing of ethnic Rohingya in Mr. CARDIN, Mr. MENENDEZ, Mr. BOOK- DEMNING THE MASS ATROCITIES Burma,’’ and continued, ‘‘The U.S. will con- ER, Ms. HASSAN, Ms. HARRIS, Ms. STA- COMMITTED AGAINST THE tinue to hold those responsible accountable. BENOW, Mr. PETERS, and Mr. MERKLEY) The military must respect human rights for ROHINGYA IN BURMA AND URG- Burma’s democracy to succeed.’’; submitted the following resolution; ING ACCOUNTABILITY FOR THE which was referred to the Committee Whereas, on August 17, 2018, the Depart- BURMESE MILITARY ment of the Treasury announced sanctions on Rules and Administration: Mr. MARKEY (for himself, Mr. on five Tatmadaw officers and two S. RES. 734 RUBIO, Mr. CARDIN, Ms. COLLINS, and Tatmadaw units for human rights abuses in Whereas Texas, Wisconsin, Alabama, Ar- Mr. MERKLEY) submitted the following Rakhine, Kachin, and Shan states; kansas, Arizona, Florida, Georgia, Indiana, resolution; which was referred to the Whereas, on September 24, 2018, the De- Kansas, Louisiana, Paul LePage (Governor of partment of State released a report entitled Maine), Mississippi (by and through Gov- Committee on Foreign Relations.: ‘‘Documentation of Atrocities in Northern ernor Phil Bryant), Missouri, Nebraska, S. RES. 735 Rakhine State’’ that stated the military North Dakota, South Carolina, South Da- Whereas, in recent decades, the Rohingya ‘‘targeted civilians indiscriminately and kota, Tennessee, Utah, and West Virginia people have lost, through systematic dis- often with extreme brutality’’ and that the have filed suit in the United States District crimination by Burmese national, state, and violence in northern Rakhine State was ‘‘ex- Court for the Northern District of Texas, ar- local authorities, a range of civil and polit- treme, large-scale, widespread and seemingly guing that the Patient Protection and Af- ical rights, including citizenship, and face geared toward both terrorizing the popu- fordable Care Act (Public Law 111–148; 124 barriers today such that they have been ren- lation and driving out the Rohingya resi- Stat. 119), is unconstitutional and should be dered stateless; dents’’ and that the ‘‘scope and scale of the

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RES. 736 Whereas section 2(a)(8) of the North Korea International Law and Policy Group, which Sanctions and Policy Enhancement Act of Whereas the world has benefitted greatly was contracted by the Department of State 2016 (22 U.S.C. 9201(a)(8)) states, ‘‘The Gov- to collect evidence for the Department’s re- from technological innovations under the leadership of the United States in the post- ernment of North Korea has provided tech- port, issued its own report that concluded nical support and conducted destructive and ‘‘there is a reasonable basis to conclude that World War era, including the creation of the World Wide Web which has provided an en- coercive cyberattacks, including against war crimes, crimes against humanity, and tirely new platform for wealth creation and Sony Pictures Entertainment and other genocide were committed against the human flourishing through cyber-commerce United States persons.’’; Rohingya population’’; and connectivity; Whereas the United States has taken ac- Whereas the United Nations Convention on Whereas cybercrime affects companies tion on its own against international the Prevention and Punishment of the Crime large and small, as well as infrastructure of Genocide, signed at Paris December 9, cybercrime, including through— that is vital to the economy as a whole; 1948, declares that genocide ‘‘means any of (1) the North Korea Sanctions and Policy Whereas a 2018 study from the Center for the following acts committed with the intent Strategic and International Studies, in part- Enhancement Act of 2016 (Public Law 114– to destroy, in whole or in part, a national, nership with McAfee, estimates that the 122), which imposed mandatory sanctions ethnical, racial or religious group, as such: global economic losses from cybercrime are against persons engaging in significant ac- (a) Killing members of the group; (b) Causing approximately $600,000,000,000 annually and tivities undermining cybersecurity on behalf serious bodily or mental harm to members of rising; of the Democratic People’s Republic of the group; (c) Deliberately inflicting on the Whereas, according to the Pew Charitable Korea; and group conditions of life calculated to bring Trust, 64 percent of people in the United about its physical destruction in whole or in States had fallen victim to cybercriminals as (2) criminal charges filed by the Depart- part; (d) Imposing measures intended to pre- of 2017; ment of Justice on October 25, 2018, in which vent births within the group; (e) Forcibly Whereas, on July 9, 2012, General Keith the Department alleged that the Chinese in- transferring children of the group to another Alexander, then-Director of the National Se- telligence services conducted cyber intru- group’’ and that ‘‘[t]he following acts shall curity Agency, termed theft of United States sions against at least a dozen companies in be punishable: (a) Genocide; (b) Conspiracy intellectual property ‘‘the greatest transfer order to obtain information on a commercial to commit genocide; (c) Direct and public in- of wealth in history’’; jet engine; citement to commit genocide; (d) Attempt to Whereas, on September 25, 2015, the United commit genocide; (e) Complicity in geno- States and the People’s Republic of China Whereas the March 2016 Department of cide’’; and announced a commitment that ‘‘neither State International Cyberspace Policy Strat- Whereas the United States Holocaust Me- country’s government will conduct or know- egy noted that ‘‘the Department of State an- morial announced on December 3, 2018, that ingly support cyber-enabled theft of intellec- ticipates a continued increase and expansion ‘‘there is compelling evidence that Burmese tual property, including trade secrets or of our cyber-focused diplomatic efforts for authorities have intentionally sought to de- other confidential business information, the foreseeable future’’; and stroy the Rohingya people because of their with the intent of providing competitive ad- Whereas concerted action by countries ethnic and religious identity,’’and concluded vantages to companies or commercial sec- that share concerns about state-sponsored there was compelling evidence genocide was tors’’; cyber theft is necessary to prevent the committed: Now, therefore, be it Whereas the People’s Republic of China growth of cybercrime and other destabilizing Resolved, That the Senate— nonetheless continues to contribute to the national security and economic outcomes: (1) condemns the atrocities and displace- rise of cybercrime, exploiting weaknesses in Now, therefore, be it ment inflicted on Burma’s Rohingya popu- the international system to undermine fair lation by the Burmese military and security competition in technology and cyberspace, Resolved, That the Senate— forces since August 2017; including through theft of intellectual prop- (1) urges the President to propose and (2) calls on the Secretary of State, based erty and state-sponsored malicious actions champion the negotiation of a treaty with on credible evidence, to make a formal deter- to undermine and weaken competition; like-minded partners in the Indo-Pacific to mination on whether the crimes committed Whereas, according to the 2018 Worldwide ensure a free and open Internet free from since August 2017, amount to genocide; Threat Assessment by the Director of the economically crippling cyberattacks; (3) commends the role of the Government National Intelligence: ‘‘China will continue (2) calls for the treaty, which can be re- of Bangladesh in receiving Rohingya refu- to use cyber espionage and bolster cyber at- ferred to as the Cyber League of Indo-Pacific gees to date and urges the Government of tack capabilities to support national secu- States (in this resolution referred to as Bangladesh to continue allowing the full par- rity priorities. . . . China since 2015 has been ‘‘CLIPS’’), to include the creation of an In- ticipation of UNHCR and human rights orga- advancing its cyber attack capabilities by formation Sharing Analysis Center to pro- nization in accessing refugee camps; integrating its military cyber attack and es- vide around-the-clock cyber threat moni- (4) calls upon Facebook and other social pionage resources in the Strategic Support toring and mitigation for governments that media platforms to take the appropriate Force, which it established in 2015’’; are parties to the treaty; and steps to guard against the dissemination of Whereas, from 2011 to 2018, more than 90 (3) calls for members of CLIPS— hate speech exploiting ethnic divisions in percent of cases handled by the Department Burma; (A) to consult on emerging cyber threats; of Justice alleging economic espionage by or (B) to pledge not to engage in cyber theft; (5) calls on the Government of Burma to to benefit a foreign country involved the (C) to introduce and enforce minimum immediately release Reuters journalists Wa People’s Republic of China; criminal punishment for cyber theft; Lone and Kyaw Soe Oo; Whereas more than 2⁄3 of the cases handled (D) to extradite alleged cyber thieves; (6) urges the President to impose addi- by the Department of Justice involving theft tional sanctions on senior members of Bur- of trade secrets have a nexus to the People’s (E) to enforce laws protecting software li- ma’s military and security forces, including Republic of China; cense holders; Burmese military owned companies and enti- Whereas experts have asserted that the (F) to ensure that government agencies use ties, who are responsible for genocide and Made in China 2025 strategy of the Govern- licensed software; human rights abuses against the Rohingya; ment of the People’s Republic of China will (G) to minimize data localization require- and incentivize Chinese entities to engage in un- ments (consistent with the Agreement be- (7) calls upon the President to maintain fair competitive behavior, including addi- tween the United States of America, the the status of the United States as a top tional theft of technologies and intellectual United Mexican States, and Canada, signed international donor to the humanitarian re- property; at Buenos Aires November 30, 2018 (com- sponse in Burma and Bangladesh and to sub- Whereas the Democratic People’s Republic monly known as the ‘‘United States-Mexico- mit a budget request for fiscal year 2020 that of Korea has also contributed to the rise of Canada Agreement’’)); reflects that longstanding United States cybercrime and according to the 2018 World- (H) to accept international certifications commitment. wide Threat Assessment by the Director of as the basis for commercial information and f the National Intelligence: ‘‘We expect the communications technology reviews; heavily sanctioned North Korea to use cyber (I) to provide for public input when devis- SENATE RESOLUTION 736—URGING operations to raise funds and to gather intel- ing legislation on cybersecurity; and THE ESTABLISHMENT OF A ligence or launch attacks on South Korea (J) to cooperate on the attribution of and the United States. . . . North Korean ac- CYBER LEAGUE OF INDO-PACIFIC cyberattacks and retribution to deter future tors developed and launched the WannaCry STATES TO ADDRESS CYBER attacks. THREATS ransomware in May 2017, judging from technical links to previously identified North Ko- Mr. GARDNER (for himself and Mr. rean cyber tools, tradecraft, and operational COONS) submitted the following resolu- infrastructure. We also assess that these ac-

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.038 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7933 SENATE RESOLUTION 737—RECOG- effort by filling critical military and essen- SA 4168. Ms. HARRIS (for Mr. BOOKER) pro- NIZING THE 75TH ANNIVERSARY tial civilian nursing positions during the posed an amendment to the bill S. 3178, to OF THE ESTABLISHMENT OF THE nursing shortage caused by World War II. amend title 18, United States Code, to speci- UNITED STATES CADET NURSE f fy lynching as a deprivation of civil rights, and for other purposes. CORPS AND EXPRESSING THE SENATE RESOLUTION 738—EX- SA 4169. Mr. VAN HOLLEN (for himself, APPRECIATION OF THE SENATE PRESSING THE SENSE OF THE Mr. CARDIN, Ms. HIRONO, Mr. SCHATZ, Mr. FOR THE CONTRIBUTION OF THE SENATE THAT THE UNITED KAINE, Mr. BROWN, Mrs. FEINSTEIN, Mr. MEMBERS OF THE UNITED STATES SHOULD CONTINUE ITS MERKLEY, Mrs. MURRAY, Ms. WARREN, Mr. STATES CADET NURSE CORPS LIMITED MILITARY ACTIVITIES WARNER, Mr. UDALL, Mr. COONS, and Ms. DURING WORLD WAR II COLLINS) submitted an amendment intended WITHIN SYRIA AND THAT END- to be proposed to amendment SA 4163 pro- Mr. KING (for himself, Ms. COLLINS, ING SUCH ACTIVITIES AT THIS posed by Mr. MCCONNELL to the bill H.R. 695, and Ms. WARREN) submitted the fol- TIME WOULD EMBOLDEN ISIS, of 1993 to establish a voluntary national lowing resolution; which was consid- BASHAR AL-ASSAD, IRAN, AND criminal history background check system ered and agreed to: RUSSIA AND PUT OUR KURDISH and criminal history review program for cer- S. RES. 737 ALLIES IN GREAT JEOPARDY tain individuals who, related to their employment, have access to children, the elder- Whereas the personnel requirements of Mr. GRAHAM (for himself, Mrs. SHA- ly, or individuals with disabilities, and for World War II created a shortage of nurses HEEN, Mr. COTTON, Mrs. ERNST, Mr. other purposes; which was ordered to lie on and, by 1942, it was evident that the pace of RUBIO, Mr. KING, Mr. CORKER, and Mr. the table. training for new nurses could not keep up SA 4170. Mr. CARDIN (for himself, Ms. with the demands of the military and civil- REED) submitted the following resolu- HIRONO, Mr. SCHATZ, Mr. BROWN, Mr. KAINE, ian populations of the United States; tion; which was referred to the Com- Mr. MERKLEY, Mr. WARNER, Mr. VAN HOLLEN, Whereas, as nurses vacated positions in mittee on Foreign Relations: and Ms. WARREN) submitted an amendment hospitals, schools, and welfare agencies to S. RES. 738 intended to be proposed to amendment SA meet the needs of the Armed Forces, an in- Whereas ISIS has been dealt a serious blow 4163 proposed by Mr. MCCONNELL to the bill flux of millions of new workers to industrial in Iraq and Syria and is substantially dam- H.R. 695, supra; which was ordered to lie on areas created unprecedented public health aged but not yet defeated; the table. challenges, and such challenges were exacer- Whereas the United States has a limited SA 4171. Mr. MCCONNELL (for Mr. JOHN- bated by a nursing capacity that was not suf- military presence in Syria with approxi- SON (for himself and Mrs. MURRAY)) proposed ficient to meet the demands of both the mately 2,000 troops who serve as an insur- an amendment to the bill H.R. 4174, to Armed Forces and essential civilian services; ance policy against future threats; amend titles 5 and 44, United States Code, to Whereas the Act of June 15, 1943 (57 Stat. Whereas a precipitous withdrawal of require Federal evaluation activities, im- 153, chapter 126; commonly known as the United States Armed Forces from Syria will prove Federal data management, and for ‘‘Bolton Act’’), unanimously passed both embolden radical jihadist groups in Syria other purposes. houses of Congress; and in the region; SA 4172. Mr. BOOZMAN (for Mr. THUNE) Whereas the Bolton Act resulted in the es- Whereas it is in the vital national interest proposed an amendment to the bill H.R. 5509, tablishment of the United States Cadet of the United States to continue to support to direct the National Science Foundation to Nurse Corps, which was a uniformed service partners, such as the Kurds, in Syria and provide grants for research about STEM edu- under the direction of the United States other locations in the Global War on Terror; cation approaches and the STEM-related Public Health Service and operated from 1943 Whereas a United States withdrawal will workforce, and for other purposes. to 1948; embolden the brutal dictatorship of Bashar SA 4173. Mr. BOOZMAN (for Mr. ALEX- Whereas the United States Cadet Nurse al-Assad and bring more suffering to the peo- ANDER) proposed an amendment to the bill Corps was open to minorities, including Afri- ple of Syria and the region; H.R. 767, to establish the Stop, Observe, Ask, can Americans and Native Americans, be- Whereas a precipitous withdrawal of and Respond to Health and Wellness Train- cause the Bolton Act included a provision re- United States Armed Forces from Syria ing pilot program to address human traf- stricting discrimination in the administra- could lead to the release of hundreds of for- ficking in the health care system. tion of the Act on account of race, creed, or eign terrorists currently detained by the SA 4174. Mr. BOOZMAN (for Mr. PORTMAN) color; Syrian Democratic Forces; and proposed an amendment to the bill S. 1023, to Whereas enrollment in the United States Whereas it is in the national security in- reauthorize the Tropical Forest Conserva- Cadet Nurse Corps required a commitment to terest of the United States to counter Iran’s tion Act of 1998 through fiscal year 2021, and serve for the duration of World War II, with and Russia’s influence in Syria and through- for other purposes. each cadet taking the following pledge: ‘‘I out the region: Now, therefore, be it f will dedicate myself now and forever to the Resolved, That the Senate— triumph of life over death; As a Cadet nurse, (1) calls on the President to reconsider his TEXT OF AMENDMENTS I pledge to my country my service in essen- decision to withdraw United States Armed SA 4163. Mr. MCCONNELL proposed tial nursing for the duration of the war.’’; Forces from Syria at this time; and an amendment to the bill H.R. 695 of Whereas an April 1944 memorandum from (2) urges any future decision to withdraw 1993 to establish a voluntary national the Federal Security Agency identified ‘‘na- United States Armed Forces from Syria to tional recognition for rendering a vital war criminal history background check be the result of a robust interagency process system and criminal history review service’’ as a privilege of service in the and to be conditions-based. United States Cadet Nurse Corps; program for certain individuals who, Whereas with more than 120,000 women en- f related to their employment, have ac- rolled in the United States Cadet Nurse AMENDMENTS SUBMITTED AND cess to children, the elderly, or individ- Corps by the termination of the program, the PROPOSED uals with disabilities, and for other United States Cadet Nurse Corps played an purposes; as follows: important role in overcoming the nursing SA 4163. Mr. MCCONNELL proposed an shortage at military, Federal, and non-Fed- amendment to the bill H.R. 695, of 1993 to es- In lieu of the matter proposed to be in- eral hospitals across the United States; and tablish a voluntary national criminal his- serted: Whereas Surgeon General Thomas Parran, tory background check system and criminal DIVISION A—FURTHER ADDITIONAL appearing before the Committee on Military history review program for certain individ- CONTINUING APPROPRIATIONS ACT, 2019 Affairs of the House of Representatives in uals who, related to their employment, have SEC. 101. The Continuing Appropriations January 1945, highlighted the positive con- access to children, the elderly, or individuals Act, 2019 (division C of Public Law 115–245) is tribution of the United States Cadet Nurse with disabilities, and for other purposes. further amended— Corps to the war effort by stating, ‘‘We can- SA 4164. Mr. MCCONNELL proposed an (1) by striking the date specified in section not measure what the loss to the country amendment to amendment SA 4163 proposed 105(3) and inserting ‘‘February 8, 2019’’; and would have been if [the] civilian nursing by Mr. MCCONNELL to the bill H.R. 695, supra. (2) by adding after section 136 the fol- service had collapsed, any more than we SA 4165. Mr. MCCONNELL proposed an lowing: could measure the cost of failure on the Nor- amendment to the bill H.R. 695, supra. ‘‘SEC. 137. Notwithstanding section 251(a)(1) mandy beachheads.’’: Now, therefore, be it SA 4166. Mr. MCCONNELL proposed an of the Balanced Budget and Emergency Def- Resolved, That the Senate— amendment to amendment SA 4165 proposed icit Control Act of 1985 and the timetable in (1) recognizes the 75th anniversary of the by Mr. MCCONNELL to the bill H.R. 695, supra. section 254(a) of such Act, the final seques- formation of the United States Cadet Nurse SA 4167. Mr. MCCONNELL proposed an tration report for fiscal year 2019 pursuant to Corps; and amendment to amendment SA 4166 proposed section 254(f)(1) of such Act and any order for (2) expresses appreciation for the vital con- by Mr. MCCONNELL to the amendment SA fiscal year 2019 pursuant to section 254(f)(5) tribution that the members of the United 4165 proposed by Mr. MCCONNELL to the bill of such Act shall be issued, for the Congres- States Cadet Nurse Corps made to the war H.R. 695, supra. sional Budget Office, 10 days after the date

VerDate Sep 11 2014 10:11 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.039 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7934 CONGRESSIONAL RECORD — SENATE December 19, 2018 specified in section 105(3), and for the Office Act (42 U.S.C. 1396r–5) shall be construed as tered on any PAYGO scorecard maintained of Management and Budget, 15 days after the prohibiting a State from disregarding an infor purposes of section 4106 of H. Con. Res. 71 date specified in section 105(3). dividual’s spousal income and assets under a (115th Congress). ‘‘SEC. 138. The authority provided under State waiver or plan amendment described (c) CLASSIFICATION OF BUDGETARY EF- title XXI of the Homeland Security Act of in paragraph (2) for purposes of making de- FECTS.—Notwithstanding Rule 3 of the Budg- 2002 (6 U.S.C. 621 et seq.), as amended by sec- terminations of eligibility for home and et Scorekeeping Guidelines set forth in the tion 2(a) of the Protecting and Securing community-based services or home and com- joint explanatory statement of the com- Chemical Facilities from Terrorist Attacks munity-based attendant services and sup- mittee of conference accompanying Con- Act of 2014 (Public Law 113–254), shall con- ports under such waiver or plan amendment. ference Report 105–217 and section 250(c)(8) of tinue in effect through the date specified in (2) STATE WAIVER OR PLAN AMENDMENT DE- the Balanced Budget and Emergency Deficit section 105(3). SCRIBED.—A State waiver or plan amendment Control Act of 1985, the budgetary effects of ‘‘SEC. 139. Section 319L(e)(1)(A) of the Pub- described in this paragraph is any of the fol- this division shall not be estimated— lic Health Service Act (42 U.S.C. 247d– lowing: (1) for purposes of section 251 of such Act; 7e(e)(1)(A)) shall continue in effect through (A) A waiver or plan amendment to provide and the date specified in section 105(3) of this medical assistance for home and community- (2) for purposes of paragraph (4)(C) of sec- Act. based services under a waiver or plan amend- tion 3 of the Statutory Pay-As-You-Go Act ‘‘SEC. 140. Section 405(a) of the Pandemic ment under subsection (c), (d), or (i) of sec- of 2010 as being included in an appropriation and All-Hazards Preparedness Act (42 U.S.C. tion 1915 of the Social Security Act (42 Act. 247d–6a note) shall continue in effect through U.S.C. 1396n) or under section 1115 of such (d) PAYGO ANNUAL REPORT.—For the pur- the date specified in section 105(3) of this Act (42 U.S.C. 1315). poses of the annual report issued pursuant to Act.’’. (B) A plan amendment to provide medical section 5 of the Statutory Pay-As-You-Go This division may be cited as the ‘‘Further assistance for home and community-based Act of 2010 (2 U.S.C. 934) after adjournment Additional Continuing Appropriations Act, services for individuals by reason of being of the second session of the 115th Congress, 2019’’. determined eligible under section and for determining whether a sequestration DIVISION B—MEDICAID EXTENDERS 1902(a)(10)(C) of such Act (42 U.S.C. order is necessary under such section, the SEC. 101. EXTENSION OF MONEY FOLLOWS THE 1396a(a)(10)(C)) or by reason of section 1902(f) debit for the budget year on the 5-year score- PERSON REBALANCING DEM- of such Act (42 U.S.C. 1396a(f)) or otherwise card, if any, and the 10-year scorecard, if ONSTRATION. on the basis of a reduction of income based any, shall be deducted from such scorecard (a) GENERAL FUNDING.—Section 6071(h) of on costs incurred for medical or other reme- in 2019 and added to such scorecard in 2020. the Deficit Reduction Act of 2005 (42 U.S.C. dial care under which the State disregarded 1396a note) is amended— the income and assets of the individual’s SA 4164. Mr. MCCONNELL proposed (1) in paragraph (1)— spouse in determining the initial and ongo- an amendment to amendment SA 4163 (A) in subparagraph (D), by striking ‘‘and’’ ing financial eligibility of an individual for proposed by Mr. MCCONNELL to the bill after the semicolon; such services in place of the spousal impov- (B) in subparagraph (E), by striking the pe- erishment provisions applied under section H.R. 695, of 1993 to establish a vol- riod at the end and inserting ‘‘; and’’; and 1924 of such Act (42 U.S.C. 1396r–5). untary national criminal history back- (C) by adding at the end the following: (C) A plan amendment to provide medical ground check system and criminal his- ‘‘(F) subject to paragraph (3), $112,000,000 assistance for home and community-based tory review program for certain indi- for fiscal year 2019.’’; attendant services and supports under sec- viduals who, related to their employ- (2) in paragraph (2)— tion 1915(k) of such Act (42 U.S.C. 1396n(k)). ment, have access to children, the el- (A) by striking ‘‘Amounts made’’ and in- SEC. 103. REDUCTION IN FMAP AFTER 2020 FOR derly, or individuals with disabilities, serting ‘‘Subject to paragraph (3), amounts STATES WITHOUT ASSET and for other purposes, as follows: made’’; and VERIFICATION PROGRAM. (B) by striking ‘‘September 30, 2016’’ and Section 1940 of the Social Security Act (42 At the end add the following. inserting ‘‘September 30, 2021’’; and U.S.C. 1396w) is amended by adding at the ‘‘This Act shall take effect 1 day after the (3) by adding at the end the following new end the following new subsection: date of enactment.’’ paragraph: ‘‘(k) REDUCTION IN FMAP AFTER 2020 FOR ‘‘(3) SPECIAL RULE FOR FY 2019.—Funds ap- NON-COMPLIANT STATES.— SA 4165. Mr. MCCONNELL proposed propriated under paragraph (1)(F) shall be ‘‘(1) IN GENERAL.—With respect to a cal- an amendment to the bill H.R. 695, of made available for grants to States only if endar quarter beginning on or after January 1993 to establish a voluntary national such States have an approved MFP dem- 1, 2021, the Federal medical assistance per- criminal history background check onstration project under this section as of centage otherwise determined under section system and criminal history review December 31, 2018.’’. 1905(b) for a non-compliant State shall be re- (b) FUNDING FOR QUALITY ASSURANCE AND duced— program for certain individuals who, IMPROVEMENT; TECHNICAL ASSISTANCE; OVER- ‘‘(A) for calendar quarters in 2021 and 2022, related to their employment, have ac- SIGHT.—Section 6071(f) of the Deficit Reduc- by 0.12 percentage points; cess to children, the elderly, or individ- tion Act of 2005 (42 U.S.C. 1396a note) is ‘‘(B) for calendar quarters in 2023, by 0.25 uals with disabilities, and for other amended by striking paragraph (2) and in- percentage points; purposes; as follows: serting the following: ‘‘(C) for calendar quarters in 2024, by 0.35 At the end add the following. ‘‘(2) FUNDING.—From the amounts appro- percentage points; and ‘‘This act shall be effective 2 days after en- priated under subsection (h)(1)(F) for fiscal ‘‘(D) for calendar quarters in 2025 and each actment.’’ year 2019, $500,000 shall be available to the year thereafter, by 0.5 percentage points. Secretary for such fiscal year to carry out ‘‘(2) NON-COMPLIANT STATE DEFINED.—For SA 4166. Mr. MCCONNELL proposed this subsection.’’. purposes of this subsection, the term ‘non- (c) TECHNICAL AMENDMENT.—Section 6071(b) compliant State’ means a State— an amendment to amendment SA 4165 of the Deficit Reduction Act of 2005 (42 ‘‘(A) that is one of the 50 States or the Dis- proposed by Mr. MCCONNELL to the bill U.S.C. 1396a note) is amended by adding at trict of Columbia; H.R. 695, of 1993 to establish a vol- the end the following: ‘‘(B) with respect to which the Secretary untary national criminal history back- ‘‘(10) SECRETARY.—The term ‘Secretary’ has not approved a State plan amendment ground check system and criminal his- means the Secretary of Health and Human submitted under subsection (a)(2); and tory review program for certain indi- Services.’’. ‘‘(C) that is not operating, on an ongoing viduals who, related to their employ- SEC. 102. EXTENSION OF PROTECTION FOR MED- basis, an asset verification program in ac- ment, have access to children, the el- ICAID RECIPIENTS OF HOME AND cordance with this section.’’. COMMUNITY-BASED SERVICES derly, or individuals with disabilities, SEC. 104. MEDICAID IMPROVEMENT FUND. AGAINST SPOUSAL IMPOVERISH- and for other purposes, as follows: MENT. Section 1941(b)(1) of the Social Security Strike ‘‘2’’ and insert ‘‘3’’ (a) IN GENERAL.—Section 2404 of Public Act (42 U.S.C. 1396w–1(b)(1)) is amended by Law 111–148 (42 U.S.C. 1396r–5 note) is amend- striking ‘‘$31,000,000’’ and inserting ed by striking ‘‘the 5-year period that begins ‘‘$6,000,000’’. SA 4167. Mr. MCCONNELL proposed on January 1, 2014,’’ and inserting ‘‘the pe- SEC. 105. BUDGETARY EFFECTS. an amendment to amendment SA 4166 riod beginning on January 1, 2014, and ending (a) STATUTORY PAYGO SCORECARDS.—The proposed by Mr. MCCONNELL to the on March 31, 2019,’’. budgetary effects of this division shall not be amendment SA 4165 proposed by Mr. (b) RULE OF CONSTRUCTION.— entered on either PAYGO scorecard main- MCCONNELL to the bill H.R. 695, of 1993 (1) PROTECTING STATE SPOUSAL INCOME AND tained pursuant to section 4(d) of the Statu- ASSET DISREGARD FLEXIBILITY UNDER WAIVERS tory Pay-As-You-Go Act of 2010 (2 U.S.C. to establish a voluntary national AND PLAN AMENDMENTS.—Nothing in section 933(d)). criminal history background check 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 (b) SENATE PAYGO SCORECARDS.—The budg- system and criminal history review note) or section 1924 of the Social Security etary effects of this division shall not be en- program for certain individuals who,

VerDate Sep 11 2014 10:11 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.043 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7935 related to their employment, have ac- gomery, Alabama, on April 26, 2018, is the ‘‘(B) each shall be imprisoned for any term cess to children, the elderly, or individ- Nation’s first memorial dedicated to the leg- of years or for life, fined in accordance with uals with disabilities, and for other acy of enslaved Black people, people terror- this title, or both, if death results from the purposes, as follows: ized by lynching, African Americans humili- offense or if the offense includes kidnapping ated by racial segregation and Jim Crow, and or aggravated sexual abuse. Strike ‘‘3 days’’ and insert ‘‘4 days’’ people of color burdened with contemporary ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- presumptions of guilt and police violence. CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SA 4168. Ms. HARRIS (for Mr. BOOK- (17) Notwithstanding the Senate’s apology SEXUAL ORIENTATION, GENDER IDENTITY, OR ER) proposed an amendment to the bill and the heightened awareness and education DISABILITY.— S. 3178, to amend title 18, United States about the Nation’s legacy with lynching, it ‘‘(A) IN GENERAL.—If 2 or more persons, in Code, to specify lynching as a depriva- is wholly necessary and appropriate for the any circumstance described in subparagraph (B), willfully cause bodily injury to any tion of civil rights, and for other pur- Congress to enact legislation, after 100 years of unsuccessful legislative efforts, finally to other person because of the actual or per- poses; as follows: make lynching a Federal crime. ceived religion, national origin, gender, sex- Strike all after the enacting clause and in- (18) Further, it is the sense of Congress ual orientation, gender identity, or dis- sert the following: that criminal action by a group increases the ability of any person— SECTION 1. SHORT TITLE. likelihood that the criminal object of that ‘‘(i) each shall be imprisoned not more This Act may be cited as the ‘‘Justice for group will be successfully attained and de- than 10 years, fined in accordance with this Victims of Lynching Act of 2018’’. creases the probability that the individuals title, or both, if bodily injury results from the offense; or SEC. 2. FINDINGS. involved will depart from their path of crim- ‘‘(ii) each shall be imprisoned for any term Congress finds the following: inality. Therefore, it is appropriate to speci- of years or for life, fined in accordance with (1) The crime of lynching succeeded slav- fy criminal penalties for the crime of lynch- this title, or both, if death results from the ery as the ultimate expression of racism in ing, or any attempt or conspiracy to commit offense or if the offense includes kidnapping the United States following Reconstruction. lynching. or aggravated sexual abuse. (2) Lynching was a widely acknowledged (19) The United States Senate agreed to ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- practice in the United States until the mid- unanimously Senate Resolution 118, 115th poses of subparagraph (A), the circumstances dle of the 20th century. Congress, on April 5, 2017, ‘‘[c]ondemning described in this subparagraph are that— (3) Lynching was a crime that occurred hate crime and any other form of racism, re- ‘‘(i) the conduct described in subparagraph throughout the United States, with docu- ligious or ethnic bias, discrimination, incite- (A) occurs during the course of, or as the re- mented incidents in all but 4 States. ment to violence, or animus targeting a mi- sult of, the travel of the defendant or the (4) At least 4,742 people, predominantly Af- nority in the United States’’ and taking no- victim— rican Americans, were reported lynched in tice specifically of Federal Bureau of Inves- ‘‘(I) across a State line or national border; the United States between 1882 and 1968. tigation statistics demonstrating that or (5) Ninety-nine percent of all perpetrators ‘‘among single-bias hate crime incidents in ‘‘(II) using a phone, the internet, the mail, of lynching escaped from punishment by the United States, 59.2 percent of victims or any other channel, facility, or instrumen- State or local officials. were targeted due to racial, ethnic, or ances- tality of interstate or foreign commerce; (6) Lynching prompted African Americans tral bias, and among those victims, 52.2 per- ‘‘(ii) the defendant uses a phone, the inter- to form the National Association for the Ad- cent were victims of crimes motivated by net, the mail, or any other channel, facility, vancement of Colored People (referred to in the offenders’ anti-Black or anti-African or instrumentality of interstate or foreign this section as the ‘‘NAACP’’) and prompted American bias’’. commerce in connection with the conduct members of B’nai B’rith to found the Anti- (20) On September 14, 2017, President Don- described in subparagraph (A); Defamation League. ald J. Trump signed into law Senate Joint ‘‘(iii) in connection with the conduct de- (7) Mr. Walter White, as a member of the Resolution 49 (Public Law 115–58; 131 Stat. scribed in subparagraph (A), the defendant NAACP and later as the executive secretary 1149), wherein Congress ‘‘condemn[ed] the employs a firearm, dangerous weapon, explo- of the NAACP from 1931 to 1955, meticulously racist violence and domestic terrorist attack sive or incendiary device, or other weapon investigated lynchings in the United States that took place between August 11 and Au- that has traveled in interstate or foreign and worked tirelessly to end segregation and gust 12, 2017, in Charlottesville, Virginia’’ commerce; or racialized terror. and ‘‘urg[ed] the President and his adminis- ‘‘(iv) the conduct described in subpara- (8) Nearly 200 anti-lynching bills were in- tration to speak out against hate groups graph (A)— troduced in Congress during the first half of that espouse racism, extremism, xenophobia, ‘‘(I) interferes with commercial or other the 20th century. anti-Semitism, and White supremacy; and economic activity in which the victim is en- (9) Between 1890 and 1952, 7 Presidents peti- use all resources available to the President gaged at the time of the conduct; tioned Congress to end lynching. and the President’s Cabinet to address the ‘‘(II) otherwise affects interstate or foreign (10) Between 1920 and 1940, the House of growing prevalence of those hate groups in commerce; or Representatives passed 3 strong anti-lynch- the United States’’. ‘‘(III) occurs within the special maritime ing measures. (21) Senate Joint Resolution 49 (Public or territorial jurisdiction of the United (11) Protection against lynching was the Law 115–58; 131 Stat. 1149) specifically took States. minimum and most basic of Federal respon- notice of ‘‘hundreds of torch-bearing White ‘‘(3) OFFENSES OCCURRING IN THE SPECIAL sibilities, and the Senate considered but nationalists, White supremacists, Klansmen, MARITIME OR TERRITORIAL JURISDICTION OF failed to enact anti-lynching legislation de- and neo-Nazis [who] chanted racist, anti-Se- THE UNITED STATES.—Whoever, within the spite repeated requests by civil rights mitic, and anti-immigrant slogans and vio- special maritime or territorial jurisdiction groups, Presidents, and the House of Rep- lently engaged with counter-demonstrators of the United States, engages in conduct de- resentatives to do so. on and around the grounds of the University scribed in paragraph (1) or in paragraph (12) The publication of ‘‘Without Sanc- of Virginia in Charlottesville’’ and that (2)(A) (without regard to whether that con- tuary: Lynching Photography in America’’ these groups ‘‘reportedly are organizing duct occurred in a circumstance described in helped bring greater awareness and proper similar events in other cities in the United paragraph (2)(B)) shall be subject to the same recognition of the victims of lynching. States and communities everywhere are con- penalties as prescribed in those paragraphs. (13) Only by coming to terms with history cerned about the growing and open display of ‘‘(b) ATTEMPT.—Whoever attempts to com- can the United States effectively champion hate and violence being perpetrated by those groups’’. mit any offense under this section— human rights abroad. ‘‘(1) shall be imprisoned for not more than (14) An apology offered in the spirit of true SEC. 3. LYNCHING. 10 years, fined in accordance with this title, repentance moves the United States toward (a) OFFENSE.—Chapter 13 of title 18, United or both; or reconciliation and may become central to a States Code, is amended by adding at the end ‘‘(2) if the offense includes kidnapping or new understanding, on which improved ra- the following: an attempt to kidnap, aggravated sexual cial relations can be forged. ‘‘§ 250. Lynching abuse or an attempt to commit aggravated (15) Having concluded that a reckoning sexual abuse, or an attempt to kill, shall be with our own history is the only way the ‘‘(a) IN GENERAL.— imprisoned for any term of years of for life, country can effectively champion human ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- fined in accordance with this title, or both. rights abroad, 90 Members of the United CEIVED RACE, COLOR, RELIGION, OR NATIONAL ‘‘(c) CONSPIRACY.—If 2 or more persons con- States Senate agreed to Senate Resolution ORIGIN.—If 2 or more persons willfully cause spire to commit any offense under this sec- 39, 109th Congress, on June 13, 2005, to apolo- bodily injury to any other person, because of tion, and 1 or more of such persons do any gize to the victims of lynching and the de- the actual or perceived race, color, religion, act to effect the object of the conspiracy, scendants of those victims for the failure of or national origin of any person— each shall be subject to the same penalties the Senate to enact anti-lynching legisla- ‘‘(A) each shall be imprisoned not more as those prescribed for the offense the com- tion. than 10 years, fined in accordance with this mission of which was the object of the con- (16) The National Memorial for Peace and title, or both, if bodily injury results from spiracy. Justice, which opened to the public in Mont- the offense; or ‘‘(d) CERTIFICATION REQUIREMENT.—

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.049 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7936 CONGRESSIONAL RECORD — SENATE December 19, 2018 ‘‘(1) IN GENERAL.—No prosecution of any of- made to each applicable department or agen- data management, and for other pur- fense described in this section may be under- cy for salaries and expenses for fiscal year poses; as follows: taken by the United States, except under the 2019. Strike all after the enacting clause and in- certification in writing of the Attorney Gen- sert the following: eral, or a designee, that— SA 4170. Mr. CARDIN (for himself, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(A) the State does not have jurisdiction; Ms. HIRONO, Mr. SCHATZ, Mr. BROWN, (a) SHORT TITLE.—This Act may be cited as ‘‘(B) the State has requested that the Fed- Mr. KAINE, Mr. MERKLEY, Mr. WARNER, eral Government assume jurisdiction; the ‘‘Foundations for Evidence-Based Policy- Mr. VAN HOLLEN, and Ms. WARREN) sub- ‘‘(C) the verdict or sentence obtained pur- making Act of 2018’’. suant to State charges left demonstratively mitted an amendment intended to be (b) TABLE OF CONTENTS.—The table of con- unvindicated the Federal interest in eradi- proposed to amendment SA 4163 pro- tents for this Act is as follows: cating bias-motivated violence; or posed by Mr. MCCONNELL to the bill Sec. 1. Short title; table of contents. ‘‘(D) a prosecution by the United States is H.R. 695, of 1993 to establish a vol- TITLE I—FEDERAL EVIDENCE–BUILDING in the public interest and necessary to se- untary national criminal history back- ACTIVITIES cure substantial justice. ground check system and criminal his- Sec. 101. Federal evidence-building activi- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in tory review program for certain indi- ties. this subsection shall be construed to limit viduals who, related to their employ- TITLE II—OPEN GOVERNMENT DATA ACT the authority of Federal officers, or a Fed- eral grand jury, to investigate possible viola- ment, have access to children, the el- Sec. 201. Short title. tions of this section.’’. derly, or individuals with disabilities, Sec. 202. OPEN Government data. (b) TABLE OF SECTIONS AMENDMENT.—The and for other purposes; which was or- TITLE III—CONFIDENTIAL INFORMATION table of sections for chapter 13 of title 18, dered to lie on the table; as follows: PROTECTION AND STATISTICAL EFFI- United States Code, is amended by inserting At the appropriate place, insert the fol- CIENCY after the item relating to section 249 the following: Sec. 301. Short title. lowing: SEC. ll. EMPLOYEE PROTECTIONS DURING Sec. 302. Confidential information protec- ‘‘250. Lynching.’’. SHUTDOWNS. tion and statistical efficiency. (a) COMPENSATION FOR FEDERAL EMPLOYEES Sec. 303. Increasing access to data for evi- SA 4169. Mr. VAN HOLLEN (for him- AFFECTED BY A LAPSE IN APPROPRIATIONS.— dence. self, Mr. CARDIN, Ms. HIRONO, Mr. Section 1341 of title 31, United States Code, TITLE IV—GENERAL PROVISIONS SCHATZ, Mr. KAINE, Mr. BROWN, Mrs. is amended— Sec. 401. Rule of construction. FEINSTEIN, Mr. MERKLEY, Mrs. MUR- (1) in subsection (a)(1), by striking ‘‘An of- Sec. 402. Use of existing resources. RAY, Ms. WARREN, Mr. WARNER, Mr. ficer’’ and inserting ‘‘Except as specified in Sec. 403. Effective date. this subchapter or any other provision of UDALL, Mr. COONS, and Ms. COLLINS) TITLE I—FEDERAL EVIDENCE–BUILDING law, an officer’’; and ACTIVITIES submitted an amendment intended to (2) by adding at the end the following: be proposed to amendment SA 4163 pro- ‘‘(c)(1) In this subsection— SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVI- posed by Mr. MCCONNELL to the bill ‘‘(A) the term ‘covered lapse in appropria- TIES. H.R. 695, of 1993 to establish a vol- tions’ means any lapse in appropriations (a) IN GENERAL.—Chapter 3 of part I of title untary national criminal history back- that begins on or after February 8, 2019; and 5, United States Code, is amended— ground check system and criminal his- ‘‘(B) the term ‘excepted employee’ means (1) by inserting before section 301 the fol- tory review program for certain indian excepted employee or an employee per- lowing: viduals who, related to their employ- forming emergency work, as such terms are ‘‘SUBCHAPTER I—GENERAL ment, have access to children, the el- defined by the Office of Personnel Manage- PROVISIONS’’; AND ment. (2) by adding at the end the following: derly, or individuals with disabilities, ‘‘(2) Each Federal employee furloughed as ‘‘SUBCHAPTER II—FEDERAL EVIDENCE- and for other purposes; which was or- a result of a covered lapse in appropriations BUILDING ACTIVITIES dered to lie on the table; as follows: shall be paid for the period of the lapse in ap- At the appropriate place, insert the fol- propriations, and each excepted employee ‘‘§ 311. Definitions lowing: who is required to perform work during a ‘‘In this subchapter: SEC. lll. COLA. covered lapse in appropriations shall be paid ‘‘(1) AGENCY.—The term ‘agency’ has the (a) The adjustment in rates of basic pay for for such work, at the employee’s standard meaning given the term ‘Executive agency’ employees under the statutory pay systems rate of pay, at the earliest date possible after under section 105. that takes effect in fiscal year 2019 under the lapse in appropriations ends, regardless ‘‘(2) DIRECTOR.—The term ‘Director’ means section 5303 of title 5, United States Code, of scheduled pay dates. the Director of the Office of Management shall be an increase of 1.4 percent, and the ‘‘(3) During a covered lapse in appropria- and Budget. overall average percentage of the adjust- tions, each excepted employee who is re- ‘‘(3) EVALUATION.—The term ‘evaluation’ ments taking effect in such fiscal year under quired to perform work shall be entitled to means an assessment using systematic data sections 5304 and 5304a of such title 5 shall be use leave under chapter 63 of title 5, or any collection and analysis of one or more pro- an increase of 0.5 percent (with com- other applicable law governing the use of grams, policies, and organizations intended parability payments to be determined and leave by the excepted employee, for which to assess their effectiveness and efficiency. allocated among pay localities by the Presi- compensation shall be paid at the earliest ‘‘(4) EVIDENCE.—The term ‘evidence’ has dent). All adjustments under this subsection date possible after the lapse in appropria- the meaning given that term in section 3561 shall be effective as of the first day of the tions ends, regardless of scheduled pay of title 44. first applicable pay period beginning on or dates.’’. ‘‘(5) STATE.—The term ‘State’ means each after January 1, 2019. (b) RESTORATION OF USE-OR-LOSE LEAVE of the several States, the District of Colum- (b) Notwithstanding section 737 of the Fi- LOST BECAUSE OF A GOVERNMENT SHUT- bia, each territory or possession of the nancial Services and General Government DOWN.—Section 6304(d)(1) of title 5, United United States, and each federally recognized Appropriations Act, 2018 (division E of Public States Code, is amended— governing body of any Indian Tribe, band, Law 115–141), the adjustment in rates of basic (1) in subparagraph (B), by striking ‘‘or’’ at nation, pueblo, or other organized group or pay for the statutory pay systems that take the end; community which is recognized as eligible place in fiscal year 2019 under sections 5344 (2) in subparagraph (C), by adding ‘‘or’’ at for the special programs and services pro- and 5348 of title 5, United States Code, shall the end; and vided by the United States to Indians be- be no less than the percentages in subsection (3) by inserting after subparagraph (C) the cause of their status as Indians. (a) as employees in the same location whose following: ‘‘(6) STATISTICAL ACTIVITIES; STATISTICAL rates of basic pay are adjusted pursuant to ‘‘(D) the cancellation of paid leave sched- AGENCY OR UNIT; STATISTICAL PURPOSE.—The the statutory pay systems under section uled during a lapse in appropriations for the terms ‘statistical activities’, ‘statistical 5303, 5304, and 5304a of title 5, United States department, agency, or other employing au- agency or unit’, and ‘statistical purpose’ Code. Prevailing rate employees at locations thority employing the employee, as required have the meanings given those terms in sec- where there are no employees whose pay is under subchapter III of chapter 13 of title tion 3561 of title 44. increased pursuant to sections 5303, 5304, and 31;’’. 5304a of such title 5 and prevailing rate em- ‘‘§ 312. Agency evidence-building plan ployees described in section 5343(a)(5) of such SA 4171. Mr. MCCONNELL (for Mr. ‘‘(a) REQUIREMENT.—The head of each agency shall include in the strategic plan re- title 5 shall be considered to be located in JOHNSON (for himself and Mrs. MUR- the pay locality designated as ‘‘Rest of U.S.’’ quired under section 306 a systematic plan RAY)) proposed an amendment to the pursuant to section 5304 of such title 5 for for identifying and addressing policy ques- purposes of this subsection. bill H.R. 4174, to amend titles 5 and 44, tions relevant to the programs, policies, and (c) Funds used to carry out this section United States Code, to require Federal regulations of the agency. Such plan shall shall be paid from appropriations, which are evaluation activities, improve Federal contain the following:

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‘‘(1) A list of policy-relevant questions for serve as a member of the Interagency Coun- (b) TECHNICAL AND CONFORMING AMEND- which the agency intends to develop evi- cil on Statistical Policy established under MENTS.—The table of sections for chapter 3 of dence to support policymaking. section 3504(e)(8) of title 44. part I of title 5, United States Code, is ‘‘(2) A list of data the agency intends to ‘‘§ 315. Advisory Committee on Data for Evi- amended— collect, use, or acquire to facilitate the use dence Building (1) by inserting before the item relating to of evidence in policymaking. section 301 the following: ‘‘(a) ESTABLISHMENT.—The Director, or the ‘‘(3) A list of methods and analytical ap- head of an agency designated by the Direc- ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; AND proaches that may be used to develop evi- tor, shall establish an Advisory Committee (2) by adding at the end the following: dence to support policymaking. on Data for Evidence Building (in this sec- ‘‘SUBCHAPTER II—FEDERAL EVIDENCE- ‘‘(4) A list of any challenges to developing tion referred to as the ‘Advisory Committee’) BUILDING ACTIVITIES evidence to support policymaking, including to review, analyze, and make recommenda- ‘‘311. Definitions. any statutory or other restrictions to access- tions on how to promote the use of Federal ing relevant data. ‘‘312. Agency evidence-building plan. data for evidence building. ‘‘313. Evaluation Officers. ‘‘(5) A description of the steps the agency ‘‘(b) MEMBERSHIP.—The members of the Ad- ‘‘314. Statistical expertise. will take to accomplish paragraphs (1) and visory Committee shall consist of the Chief ‘‘315. Advisory Committee on Data for Evi- (2). Statistician of the United States, who shall dence Building.’’. ‘‘(6) Any other information as required by serve as the Chair of the Advisory Com- (c) AGENCY STRATEGIC PLANS.—Section guidance issued by the Director. mittee, and other members appointed by the 306(a) of title 5, United States Code, is ‘‘(b) EVALUATION PLAN.—The head of each Director as follows: amended— agency shall issue in conjunction with the ‘‘(1) One member who is an agency Chief (1) in paragraph (7), by striking ‘‘; and’’ at performance plan required under section Information Officer. the end and inserting a semicolon; 1115(b) of title 31, an evaluation plan describ- ‘‘(2) One member who is an agency Chief (2) in paragraph (8), by— ing activities the agency plans to conduct Privacy Officer. (A) striking the period at the end; and pursuant to subsection (a) of this section ‘‘(3) One member who is an agency Chief (B) inserting after ‘‘to be conducted’’ the during the fiscal year following the year in Performance Officer. following: ‘‘, and citations to relevant provi- which the performance plan is submitted. ‘‘(4) Three members who are agency Chief sions of the plans required under section 312; Such plan shall— Data Officers. and’’; and ‘‘(1) describe key questions for each signifi- ‘‘(5) Three members who are agency Eval- (3) by adding at the end the following: cant evaluation study that the agency plans uation Officers. ‘‘(9) an assessment of the coverage, qual- to begin in the next fiscal year; ‘‘(6) Three members who are members of ity, methods, effectiveness, and independ- ‘‘(2) describe key information collections the Interagency Council for Statistical Pol- ence of the statistics, evaluation, research, or acquisitions the agency plans to begin in icy established under section 3504(e)(8) of and analysis efforts of the agency, includ- the next fiscal year; and title 44. ing— ‘‘(3) any other information included in ‘‘(7) At least 10 members who are rep- ‘‘(A) a list of the activities and operations guidance issued by the Director under sub- resentatives of State and local governments of the agency that are currently being evalu- section (a)(6). and nongovernmental stakeholders with ex- ated and analyzed; ‘‘(c) CONSULTATION.—In developing the plan pertise in government data policy, privacy, required under subsection (a), the head of an ‘‘(B) the extent to which the evaluations, technology, transparency policy, evaluation agency shall consult with stakeholders, in- research, and analysis efforts and related ac- and research methodologies, and other rel- cluding the public, agencies, State and local tivities of the agency support the needs of evant subjects, of whom— governments, and representatives of non- various divisions within the agency; ‘‘(A) at least one shall have expertise in governmental researchers. ‘‘(C) the extent to which the evaluation re- transparency policy; search and analysis efforts and related ac- ‘‘§ 313. Evaluation Officers ‘‘(B) at least one shall have expertise in tivities of the agency address an appropriate ‘‘(a) ESTABLISHMENT.—The head of each privacy policy; balance between needs related to organiza- agency shall designate a senior employee of ‘‘(C) at least one shall have expertise in tional learning, ongoing program manage- the agency as the Evaluation Officer of the statistical data use; ment, performance management, strategic agency. ‘‘(D) at least one shall have expertise in in- management, interagency and private sector ‘‘(b) QUALIFICATIONS.—The Evaluation Offi- formation management; coordination, internal and external over- cer of an agency shall be appointed or des- ‘‘(E) at least one shall have expertise in insight, and accountability; ignated without regard to political affili- formation technology; and ‘‘(D) the extent to which the agency uses ation and based on demonstrated expertise in ‘‘(F) at least one shall be from the research methods and combinations of methods that evaluation methodology and practices and and evaluation community. are appropriate to agency divisions and the appropriate expertise to the disciplines of ‘‘(c) TERM OF SERVICE.— corresponding research questions being ad- the agency. ‘‘(1) IN GENERAL.—Each member of the Ad- dressed, including an appropriate combina- ‘‘(c) COORDINATION.—The Evaluation Offi- visory Committee shall serve for a term of 2 tion of formative and summative evaluation cer of an agency shall, to the extent prac- years. research and analysis approaches; ticable, coordinate activities with agency of- ‘‘(2) VACANCY.—Any member appointed to ‘‘(E) the extent to which evaluation and re- ficials necessary to carry out the functions fill a vacancy occurring before the expira- search capacity is present within the agency required under subsection (d). tion of the term for which the member’s to include personnel and agency processes ‘‘(d) FUNCTIONS.—The Evaluation Officer of predecessor was appointed shall be appointed for planning and implementing evaluation each agency shall— only for the remainder of that term. A va- activities, disseminating best practices and ‘‘(1) continually assess the coverage, qual- cancy in the Commission shall be filled in findings, and incorporating employee views ity, methods, consistency, effectiveness, the manner in which the original appoint- and feedback; and independence, and balance of the portfolio of ment was made. ‘‘(F) the extent to which the agency has evaluations, policy research, and ongoing ‘‘(d) COMPENSATION.—Members of the Advi- the capacity to assist agency staff and pro- evaluation activities of the agency; sory Committee shall serve without com- gram offices to develop the capacity to use ‘‘(2) assess agency capacity to support the pensation. evaluation research and analysis approaches development and use of evaluation; ‘‘(e) DUTIES.—The Advisory Committee and data in the day-to-day operations.’’. ‘‘(3) establish and implement an agency shall— (d) GAO REPORT.—Not later than 2 years evaluation policy; and ‘‘(1) assist the Director in carrying out the after the date on which each strategic plan ‘‘(4) coordinate, develop, and implement duties of the Director under part D of sub- required under section 306(a) of title 5, the plans required under section 312. chapter III of chapter 35 of title 44; United States Code, is published, the Comp- ‘‘§ 314. Statistical expertise ‘‘(2) evaluate and provide recommenda- troller General of the United States shall ‘‘(a) IN GENERAL.—The head of each agency tions to the Director on how to facilitate submit to Congress a report that— shall designate the head of any statistical data sharing, enable data linkage, and de- (1) summarizes agency findings and high- agency or unit within the agency, or in the velop privacy enhancing techniques; and lights trends in the assessment conducted case of an agency that does not have a sta- ‘‘(3) review the coordination of data shar- pursuant to subsection (a)(9) of section 306 of tistical agency or unit, any senior agency of- ing or availability for evidence building title 5, United States Code, as added by sub- ficial with appropriate expertise, as a statis- across all agencies. section (c); and tical official to advise on statistical policy, ‘‘(f) REPORTS.—The Advisory Committee (2) if appropriate, recommends actions to techniques, and procedures. Agency officials shall submit to the Director and make pub- further improve agency capacity to use eval- engaged in statistical activities may consult licly available an annual report on the ac- uation techniques and data to support eval- with any such statistical official as nec- tivities and findings of the Advisory Com- uation efforts. essary. mittee. (e) EVALUATION AND PERSONNEL STAND- ‘‘(b) MEMBERSHIP ON INTERAGENCY COUNCIL ‘‘(g) TERMINATION.—The Advisory Com- ARDS.— ON STATISTICAL POLICY.—Each statistical of- mittee shall terminate not later than two (1) REQUIREMENT.—Not later than 1 year ficial designated under subsection (a) shall years after the date of the first meeting.’’. after the date of enactment of this Act, the

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7938 CONGRESSIONAL RECORD — SENATE December 19, 2018 Director of the Office of Management and ‘‘(21) the term ‘open license’ means a legal ‘‘(II) facilitate collaboration with non-Gov- Budget, in consultation with any inter- guarantee that a data asset is made avail- ernment entities (including businesses), re- agency council relating to evaluation, able— searchers, and the public for the purpose of shall— ‘‘(A) at no cost to the public; and understanding how data users value and use (A) issue guidance for program evaluation ‘‘(B) with no restrictions on copying, pub- government data; for agencies consistent with widely accepted lishing, distributing, transmitting, citing, or ‘‘(ii) identifies and implements methods for standards for evaluation; and adapting such asset; collecting and analyzing digital information (B) identify best practices for evaluation ‘‘(22) the term ‘public data asset’ means a on data asset usage by users within and out- that would improve Federal program evalua- data asset, or part thereof, maintained by side of the agency, including designating a tion. the Federal Government that has been, or point of contact within the agency to assist (2) GUIDANCE.—Not later than 90 days after may be, released to the public, including any the public and to respond to quality issues, the date on which the guidance under para- data asset, or part thereof, subject to disclo- usability issues, recommendations for im- graph (1) is issued, the head of each agency sure under section 552 of title 5; and provements, and complaints about adherence shall oversee the implementation of such ‘‘(23) the term ‘statistical laws’ means sub- to open data requirements within a reason- guidance. chapter III of this chapter and other laws able period of time; (3) OPM GUIDANCE.—Not later than 180 days pertaining to the protection of information ‘‘(iii) develops and implements a process to after the date on which the guidance under collected for statistical purposes as des- evaluate and improve the timeliness, com- paragraph (1) is issued, the Director of the ignated by the Director.’’. pleteness, consistency, accuracy, usefulness, Office of Personnel Management, in con- (b) GUIDANCE TO MAKE DATA OPEN BY DE- and availability of open Government data as- sultation with the Director of the Office of FAULT.—Section 3504(b) of title 44, United sets; Management and Budget, shall— States Code, is amended— ‘‘(iv) includes requirements for meeting (A) identify key skills and competencies (1) in paragraph (4), by striking ‘‘; and’’ and the goals of the agency open data plan, in- needed for program evaluation in an agency; inserting a semicolon; cluding the acquisition of technology, provi- (B) establish a new occupational series, or (2) in paragraph (5), by striking the period sion of training for employees, and the im- update and improve an existing occupational at the end and inserting ‘‘; and’’; and plementation of procurement standards, in series, for program evaluation within an (3) by adding at the end the following new accordance with existing law, regulation, and policy, that allow for the acquisition of agency; and paragraph: innovative solutions from public and private (C) establish a new career path for program ‘‘(6) issue guidance for agencies to imple- sectors; evaluation within an agency. ment section 3506(b)(6) in a manner that ‘‘(v) identifies as priority data assets any (4) DEFINITIONS.—In this Act: takes into account— data asset for which disclosure would be in (A) AGENCY.—Except as otherwise pro- ‘‘(A) risks and restrictions related to the the public interest and establishes a plan to vided, the term ‘‘agency’’ has the meaning disclosure of personally identifiable informa- evaluate each priority data asset for disclo- given the term ‘‘Executive agency’’ under tion, including the risk that an individual sure on the Federal Data Catalogue under section 105. data asset in isolation does not pose a pri- section 3511 and for a determination under (B) EVALUATION.—The term ‘‘evaluation’’ vacy or confidentiality risk but when com- has the meaning given that term in section 3511(a)(2)(A)(iii)(I)(bb), including an account- bined with other available information may ing of which priority data assets have not 311 of title 5, United States Code, as added by pose such a risk; subsection (a). yet been evaluated; and ‘‘(B) security considerations, including the ‘‘(vi) requires the agency to comply with TITLE II—OPEN GOVERNMENT DATA ACT risk that information in an individual data requirements under section 3511, including SEC. 201. SHORT TITLE. asset in isolation does not pose a security any standards established by the Director This title may be cited as the ‘‘Open, Pub- risk but when combined with other available under such section, when disclosing a data lic, Electronic, and Necessary Government information may pose such a risk; asset pursuant to such section; and Data Act’’ or the ‘‘OPEN Government Data ‘‘(C) the cost and benefits to the public of ‘‘(C) is updated annually and made publicly Act’’. converting a data asset into a machine-read- available on the website of the agency not SEC. 202. OPEN GOVERNMENT DATA. able format that is accessible and useful to later than 5 days after each such update;’’; (a) DEFINITIONS.—Section 3502 of title 44, the public; (ii) in paragraph (4), by striking ‘‘; and’’ United States Code, is amended— ‘‘(D) whether the application of the re- and inserting a semicolon; (1) in paragraph (13), by striking ‘‘; and’’ at quirements described in such section to a (iii) in paragraph (5), by striking the period the end and inserting a semicolon; data asset could result in legal liability; at the end and inserting ‘‘; and’’; and (2) in paragraph (14), by striking the period ‘‘(E) a determination of whether a data (iv) by adding at the end the following new at the end and inserting a semicolon; and asset— paragraph: (3) by adding at the end the following new ‘‘(i) is subject to intellectual property ‘‘(6) in accordance with guidance by the Di- paragraphs: rights, including rights under titles 17 and rector— ‘‘(15) the term ‘comprehensive data inven- 35; ‘‘(A) make each data asset of the agency tory’ means the inventory created under sec- ‘‘(ii) contains confidential business infor- available in an open format; and tion 3511(a), but does not include any under- mation, that could be withheld under section ‘‘(B) make each public data asset of the lying data asset listed on the inventory; 552(b)(4) of title 5; or agency available— ‘‘(16) the term ‘data’ means recorded infor- ‘‘(iii) is otherwise restricted by contract or ‘‘(i) as an open Government data asset; and mation, regardless of form or the media on other binding, written agreement; ‘‘(ii) under an open license.’’; and which the data is recorded; ‘‘(F) the requirement that a data asset be (B) in subsection (d)— ‘‘(17) the term ‘data asset’ means a collec- disclosed, if it would otherwise be made (i) in paragraph (3), by striking ‘‘and’’ at tion of data elements or data sets that may available under section 552 of title 5 (com- the end; be grouped together; monly known as the ‘Freedom of Informa- (ii) in paragraph (4), by striking the period ‘‘(18) the term ‘machine-readable’, when tion Act’); and at the end and inserting a semicolon; and used with respect to data, means data in a ‘‘(G) any other considerations that the Di- (iii) by adding at the end the following new format that can be easily processed by a rector determines to be relevant.’’. paragraphs: computer without human intervention while (c) FEDERAL AGENCY RESPONSIBILITIES TO ‘‘(5) ensure that any public data asset of ensuring no semantic meaning is lost; MAKE DATA OPEN BY DEFAULT.— the agency is machine-readable; and ‘‘(19) the term ‘metadata’ means structural (1) AMENDMENTS.—Section 3506 of title 44, ‘‘(6) engage the public in using public data or descriptive information about data such United States Code, is amended— assets of the agency and encourage collabo- as content, format, source, rights, accuracy, (A) in subsection (b)— ration by— provenance, frequency, periodicity, granu- (i) by amending paragraph (2) to read as ‘‘(A) publishing on the website of the agen- larity, publisher or responsible party, con- follows: cy, on a regular basis (not less than annu- tact information, method of collection, and ‘‘(2) in accordance with guidance by the Di- ally), information on the usage of such as- other descriptions; rector, develop and maintain a strategic in- sets by non-Government users; ‘‘(20) the term ‘open Government data formation resources management plan that, ‘‘(B) providing the public with the oppor- asset’ means a public data asset that is— to the extent practicable— tunity to request specific data assets to be ‘‘(A) machine-readable; ‘‘(A) describes how information resources prioritized for disclosure and to provide sug- ‘‘(B) available (or could be made available) management activities help accomplish gestions for the development of agency cri- in an open format; agency missions; teria with respect to prioritizing data assets ‘‘(C) not encumbered by restrictions, other ‘‘(B) includes an open data plan that— for disclosure; than intellectual property rights, including ‘‘(i) requires the agency to develop proc- ‘‘(C) assisting the public in expanding the under titles 17 and 35, that would impede the esses and procedures that— use of public data assets; and use or reuse of such asset; and ‘‘(I) require data collection mechanisms ‘‘(D) hosting challenges, competitions, ‘‘(D) based on an underlying open standard created on or after the date of the enactment events, or other initiatives designed to cre- that is maintained by a standards organiza- of the OPEN Government Data Act to be ate additional value from public data assets tion; available in an open format; and of the agency.’’.

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(2) USE OF OPEN DATA ASSETS.—Not later prehensive data inventory may not be made ‘‘(2) REPOSITORY.—The Director shall col- than 1 year after the date of the enactment publicly available, which shall include, at a laborate with the Office of Government In- of this Act, the head of each agency (as de- minimum, a requirement to ensure all infor- formation Services and the Administrator of fined in section 3502 of title 44, United States mation that could not otherwise be withheld General Services to develop and maintain an Code) shall ensure that any activity by the from disclosure under section 552 of title 5 is online repository of tools, best practices, and agency meets the requirements of section made public in the comprehensive data in- schema standards to facilitate the adoption 3506 of title 44, United States Code, as ventory. of open data practices across the Federal amended by this subsection. ‘‘(D) A requirement for the head of each Government, which shall— (3) EFFECTIVE DATE.—The amendments agency, in accordance with a procedure es- ‘‘(A) include any definitions, regulations, made by this subsection shall take effect on tablished by the Director, to submit for in- policies, checklists, and case studies related the date that is 1 year after the date of the clusion in the Federal data catalogue main- to open data policy; enactment of this Act. tained under subsection (c) the comprehen- ‘‘(B) facilitate collaboration and the adop- (d) DATA INVENTORY AND FEDERAL DATA sive data inventory developed pursuant to tion of best practices across the Federal Gov- CATALOGUE.— subparagraph (C), including any real-time ernment relating to the adoption of open (1) AMENDMENT.—Section 3511 of title 44, updates to such inventory, and data assets data practices; and United States Code, is amended to read as made available in accordance with subpara- ‘‘(C) be made available on the Federal data follows: graph (E) or any electronic hyperlink pro- catalogue maintained under paragraph (1). ‘‘§ 3511. Data inventory and Federal data viding access to such data assets. ‘‘(3) ACCESS TO OTHER DATA ASSETS.—The catalogue ‘‘(E) Criteria for the head of an agency to Director shall ensure the Federal data cata- use in determining whether a particular data logue maintained under paragraph (1) pro- ‘‘(a) COMPREHENSIVE DATA INVENTORY.— asset should not be made publicly available vides information on how the public can ac- ‘‘(1) IN GENERAL.—In consultation with the in a manner that takes into account— cess a data asset included in a comprehen- Director and in accordance with the guid- ‘‘(i) risks and restrictions related to the sive data inventory under subsection (a) that ance established under paragraph (2), the disclosure of personally identifiable informa- is not yet available on the Federal data cata- head of each agency shall, to the maximum tion, including the risk that an individual logue, including information regarding the extent practicable, develop and maintain a data asset in isolation does not pose a pri- application process established under section comprehensive data inventory that accounts vacy or confidentiality risk but when com- 3583 of title 44. for all data assets created by, collected by, bined with other available information may ‘‘(d) DELEGATION.—The Director shall dele- under the control or direction of, or main- pose such a risk; gate to the Administrator of the Office of In- tained by the agency. The head of each agen- ‘‘(ii) security considerations, including the formation and Regulatory Affairs and the cy shall ensure that such inventory provides risk that information in an individual data Administrator of the Office of Electronic a clear and comprehensive understanding of asset in isolation does not pose a security Government the authority to jointly issue the data assets in the possession of the agen- risk but when combined with other available guidance required under this section.’’. cy. information may pose such a risk; (2) TECHNICAL AND CONFORMING AMEND- ‘‘(2) GUIDANCE.—The Director shall estab- ‘‘(iii) the cost and benefits to the public of MENTS.— lish guidance for agencies to develop and converting the data into a format that could (A) TABLE OF SECTIONS.—The item relating maintain comprehensive data inventories be understood and used by the public; to section 3511 of the table of sections at the under paragraph (1). Such guidance shall in- ‘‘(iv) whether the public dissemination of beginning of chapter 35 of title 44, United clude the following: the data asset could result in legal liability; States Code, is amended to read as follows: ‘‘(A) A requirement for the head of an ‘‘(v) whether the data asset— ‘‘3511. Data inventory and Federal data cata- agency to include in the comprehensive data ‘‘(I) is subject to intellectual property logue.’’. inventory metadata on each data asset of the rights, including rights under titles 17 and (B) CROSS-REFERENCE.—Section agency, including, to the maximum extent 35; 3504(b)(2)(A) of title 44, United States Code, practicable, the following: ‘‘(II) contains confidential business infor- is amended by striking ‘‘the use of the Gov- ‘‘(i) A description of the data asset, includ- mation, that could be withheld under section ernment Information Locator Service’’ and ing all variable names and definitions. 552(b)(4) of title 5; or inserting ‘‘the use of comprehensive data in- ‘‘(ii) The name or title of the data asset. ‘‘(III) is restricted by contract or other ventories and the Federal data catalogue ‘‘(iii) An indication of whether or not the binding, written agreement; under section 3511’’. agency— ‘‘(vi) whether the holder of a right to such (e) CHIEF DATA OFFICERS.— ‘‘(I) has determined or can determine if the data asset has been consulted; (1) AMENDMENT.—Section 3520 of title 44, data asset is— ‘‘(vii) the expectation that all data assets United States Code, is amended to read as ‘‘(aa) an open Government data asset; that would otherwise be made available follows: ‘‘(bb) subject to disclosure or partial dis- under section 552 of title 5 be disclosed; and ‘‘§ 3520. Chief Data Officers closure or exempt from disclosure under sec- ‘‘(viii) any other considerations that the ‘‘(a) ESTABLISHMENT.—The head of each tion 552 of title 5; Director determines to be relevant. ‘‘(cc) a public data asset eligible for disclo- agency shall designate a career appointee (as ‘‘(F) Criteria for the head of an agency to defined in section 3132 of title 5) in the agen- sure under subsection (b); or use in assessing the indication of a deter- cy as the Chief Data Officer of the agency. ‘‘(dd) a data asset not subject to open for- mination under subparagraph (A)(iii) and ‘‘(b) QUALIFICATIONS.—The Chief Data Offi- mat or open license requirements due to ex- how to prioritize any such subsequent deter- cer of an agency shall be designated on the isting limitations or restrictions on govern- minations in the strategic information man- basis of demonstrated training and experi- ment distribution of the asset; or agement plan under section 3506, in consider- ence in data management, governance (in- ‘‘(II) as of the date of such indication, has ation of the existing resources available to cluding creation, application, and mainte- not made such determination. the agency. nance of data standards), collection, anal- ‘‘(iv) Any determination made under sec- ‘‘(3) REGULAR UPDATES REQUIRED.—With re- ysis, protection, use, and dissemination, in- tion 3582, if available. spect to each data asset created or identified cluding with respect to any statistical and ‘‘(v) A description of the method by which by an agency, the head of the agency shall related techniques to protect and de-identify the public may access or request access to update the comprehensive data inventory of confidential data. the data asset. the agency not later than 90 days after the ‘‘(c) FUNCTIONS.—The Chief Data Officer of ‘‘(vi) The date on which the data asset was date of such creation or identification. an agency shall— most recently updated. ‘‘(b) PUBLIC DATA ASSETS.—The head of ‘‘(1) be responsible for lifecycle data man- ‘‘(vii) Each agency responsible for main- each agency shall submit public data assets, agement; taining the data asset. or links to public data assets available on- ‘‘(2) coordinate with any official in the ‘‘(viii) The owner of the data asset. line, as open Government data assets for in- agency responsible for using, protecting, dis- ‘‘(ix) To the extent practicable, any re- clusion in the Federal data catalogue main- seminating, and generating data to ensure striction on the use of the data asset. tained under subsection (c), in accordance that the data needs of the agency are met; ‘‘(x) The location of the data asset. with the guidance established under sub- ‘‘(3) manage data assets of the agency, in- ‘‘(xi) Any other metadata necessary to section (a)(2). cluding the standardization of data format, make the comprehensive data inventory use- ‘‘(c) FEDERAL DATA CATALOGUE.— sharing of data assets, and publication of ful to the agency and the public, or other- ‘‘(1) IN GENERAL.—The Administrator of data assets in accordance with applicable wise determined useful by the Director. General Services shall maintain a single law; ‘‘(B) A requirement for the head of an public interface online as a point of entry ‘‘(4) in carrying out the requirements agency to exclude from the comprehensive dedicated to sharing agency data assets with under paragraphs (3) and (5), consult with data inventory any data asset contained on a the public, which shall be known as the ‘Fed- any statistical official of the agency (as des- national security system, as defined in sec- eral data catalogue’. The Administrator and ignated under section 314 of title 5); tion 11103 of title 40. the Director shall ensure that agencies can ‘‘(5) carry out the requirements of the ‘‘(C) Criteria for the head of an agency to submit public data assets, or links to public agency under subsections (b) through (d), (f), use in determining which metadata required data assets, for publication and public avail- and (i) of section 3506, section 3507, and sec- by subparagraph (A), if any, in the com- ability on the interface. tion 3511;

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7940 CONGRESSIONAL RECORD — SENATE December 19, 2018 ‘‘(6) ensure that, to the extent practicable, Chief Data Officer Council (in this section Office of Management and Budget shall elec- agency data conforms with data manage- referred to as the ‘Council’). tronically publish a report on agency per- ment best practices; ‘‘(b) PURPOSE AND FUNCTIONS.—The Council formance and compliance with this Act and ‘‘(7) engage agency employees, the public, shall— the amendments made by this Act. and contractors in using public data assets ‘‘(1) establish Governmentwide best prac- TITLE III—CONFIDENTIAL INFORMATION and encourage collaborative approaches on tices for the use, protection, dissemination, PROTECTION AND STATISTICAL EFFI- improving data use; and generation of data; CIENCY ‘‘(8) support the Performance Improvement ‘‘(2) promote and encourage data sharing SEC. 301. SHORT TITLE. Officer of the agency in identifying and using agreements between agencies; This title may be cited as the ‘‘Confiden- data to carry out the functions described in ‘‘(3) identify ways in which agencies can tial Information Protection and Statistical section 1124(a)(2) of title 31; improve upon the production of evidence for Efficiency Act of 2018’’. ‘‘(9) support the Evaluation Officer of the use in policymaking; SEC. 302. CONFIDENTIAL INFORMATION PROTEC- agency in obtaining data to carry out the ‘‘(4) consult with the public and engage TION AND STATISTICAL EFFICIENCY. functions described in section 313(d) of title with private users of Government data and (a) IN GENERAL.—Chapter 35 of title 44, 5; other stakeholders on how to improve access United States Code, is amended by adding at ‘‘(10) review the impact of the infrastruc- to data assets of the Federal Government; the end the following new subchapter: ture of the agency on data asset accessibility and ‘‘SUBCHAPTER III—CONFIDENTIAL IN- and coordinate with the Chief Information ‘‘(5) identify and evaluate new technology FORMATION PROTECTION AND STATIS- Officer of the agency to improve such infra- solutions for improving the collection and TICAL EFFICIENCY use of data. structure to reduce barriers that inhibit data ‘‘PART A—GENERAL asset accessibility; ‘‘(c) MEMBERSHIP.— ‘‘§ 3561. Definitions ‘‘(11) ensure that, to the extent prac- ‘‘(1) IN GENERAL.—The Chief Data Officer of ticable, the agency maximizes the use of each agency shall serve as a member of the ‘‘In this subchapter: data in the agency, including for the produc- Council. ‘‘(1) AGENCY.—The term ‘agency’ means tion of evidence (as defined in section 3561), ‘‘(2) CHAIR.—The Director shall select the any entity that falls within the definition of cybersecurity, and the improvement of agen- Chair of the Council from among the mem- the term ‘executive agency’, as defined in cy operations; bers of the Council. section 102 of title 31, or ‘agency’, as defined ‘‘(12) identify points of contact for roles ‘‘(3) ADDITIONAL MEMBERS.—The Adminis- in section 3502. and responsibilities related to open data use trator of the Office of Electronic Govern- ‘‘(2) AGENT.—The term ‘agent’ means an individual— and implementation (as required by the Di- ment shall serve as a member of the Council. ‘‘(A)(i) who is an employee of a private or- rector); ‘‘(4) EX OFFICIO MEMBER.—The Director ganization or a researcher affiliated with an ‘‘(13) serve as the agency liaison to other shall appoint a representative for all Chief institution of higher learning (including a agencies and the Office of Management and Information Officers and Evaluation Offi- person granted special sworn status by the Budget on the best way to use existing agen- cers, and such representative shall serve as Bureau of the Census under section 23(c) of cy data for statistical purposes (as defined in an ex officio member of the Council. title 13), and with whom a contract or other section 3561); and ‘‘(d) REPORTS.—The Council shall submit agreement is executed, on a temporary basis, ‘‘(14) comply with any regulation and guid- to the Director, the Committee on Homeland by an executive agency to perform exclu- ance issued under subchapter III, including Security and Governmental Affairs of the sively statistical activities under the control the acquisition and maintenance of any re- Senate, and the Committee on Oversight and Government Reform of the House of Rep- and supervision of an officer or employee of quired certification and training. that agency; ‘‘(d) DELEGATION OF RESPONSIBILITIES.— resentatives a biennial report on the work of ‘‘(ii) who is working under the authority of ‘‘(1) IN GENERAL.—To the extent necessary the Council. a government entity with which a contract to comply with statistical laws, the Chief ‘‘(e) EVALUATION AND TERMINATION.— or other agreement is executed by an execu- Data Officer of an agency shall delegate any ‘‘(1) GAO EVALUATION OF COUNCIL.—Not tive agency to perform exclusively statis- responsibility under subsection (c) to the later than 4 years after date of the enact- tical activities under the control of an offi- head of a statistical agency or unit (as de- ment of this section, the Comptroller Gen- cer or employee of that agency; fined in section 3561) within the agency. eral shall submit to Congress a report on ‘‘(iii) who is a self-employed researcher, a whether the additional duties of the Council ‘‘(2) CONSULTATION.—To the extent permis- consultant, a contractor, or an employee of a improved the use of evidence and program sible under law, the individual to whom a re- contractor, and with whom a contract or evaluation in the Federal Government. sponsibility has been delegated under para- other agreement is executed by an executive ‘‘(2) TERMINATION OF COUNCIL.—The Council graph (1) shall consult with the Chief Data agency to perform a statistical activity shall terminate and this section shall be re- Officer of the agency in carrying out such re- under the control of an officer or employee pealed upon the expiration of the 2-year pe- sponsibility. of that agency; or ‘‘(3) DEFERENCE.—The Chief Data Officer of riod that begins on the date the Comptroller ‘‘(iv) who is a contractor or an employee of the agency shall defer to the individual to General submits the report under paragraph a contractor, and who is engaged by the whom a responsibility has been delegated (1) to Congress.’’. agency to design or maintain the systems for under paragraph (1) regarding the necessary (2) TECHNICAL AND CONFORMING AMEND- handling or storage of data received under delegation of such responsibility with re- MENT.—The table of sections at the begin- this subchapter; and spect to any data acquired, maintained, or ning of chapter 35 of title 44, United States ‘‘(B) who agrees in writing to comply with disseminated by the agency under applicable Code, is amended by inserting before the all provisions of law that affect information statistical law. item relating to section 3521 the following acquired by that agency. ‘‘(e) REPORTS.—The Chief Data Officer of new item: ‘‘(3) BUSINESS DATA.—The term ‘business an agency shall submit to the Committee on ‘‘3520A. Chief Data Officer Council.’’. data’ means operating and financial data and Homeland Security and Governmental Af- (g) REPORTS.— information about businesses, tax-exempt fairs of the Senate and the Committee on (1) GAO REPORT.—Not later than 3 years organizations, and government entities. Oversight and Government Reform of the after the date of the enactment of this Act, ‘‘(4) DATA ASSET.—The term ‘data asset’ House of Representatives an annual report the Comptroller General of the United States has the meaning given that term in section on the compliance of the agency with the re- shall submit to the Committee on Homeland 3502. quirements of this subchapter, including in- Security and Governmental Affairs of the ‘‘(5) DIRECTOR.—The term ‘Director’ means formation on each requirement that the Senate and the Committee on Oversight and the Director of the Office of Management agency could not carry out and, if applicable, what the agency needs to carry out such re- Government Reform of the House of Rep- and Budget. quirement.’’. resentatives a report that identifies, to the ‘‘(6) EVIDENCE.—The term ‘evidence’ means extent practicable— information produced as a result of statis- (2) TECHNICAL AND CONFORMING AMEND- (A) the value of information made avail- tical activities conducted for a statistical MENT.—The item relating to section 3520 of the table of sections at the beginning of able to the public as a result of this Act and purpose. chapter 35 of title 44, United States Code, is the amendments made by this Act; ‘‘(7) IDENTIFIABLE FORM.—The term ‘identi- amended to read as follows: (B) whether the public availability of any fiable form’ means any representation of in- information that has not yet been made so formation that permits the identity of the ‘‘3520. Chief Data Officers.’’. available would be valuable to the public; respondent to whom the information applies (f) CHIEF DATA OFFICER COUNCIL.— and to be reasonably inferred by either direct or (1) AMENDMENT.—Subchapter I of chapter (C) the completeness of each comprehen- indirect means. 35 of title 44, United States Code, is amended sive data inventory developed under section ‘‘(8) NONSTATISTICAL PURPOSE.—The term by inserting before section 3521 the following 3511 of title 44, United States Code, as ‘nonstatistical purpose’— new section: amended by subsection (d). ‘‘(A) means the use of data in identifiable ‘‘§ 3520A. Chief Data Officer Council (2) BIENNIAL OMB REPORT.—Not later than 1 form for any purpose that is not a statistical ‘‘(a) ESTABLISHMENT.—There is established year after date of the enactment of this Act, purpose, including any administrative, regu- in the Office of Management and Budget a and biennially thereafter, the Director of the latory, law enforcement, adjudicatory, or

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7941 other purpose that affects the rights, privi- report shall include copies of each written ‘‘(3) section 205 or 407 of the Department of leges, or benefits of a particular identifiable agreement entered into pursuant to section Energy Organization Act (42 U.S.C. 7135, respondent; and 3576(c)(1) for the applicable year. 7177). ‘‘(B) includes the disclosure under section ‘‘(3) The Director shall include a summary ‘‘(e) SECTION 201 OF CONGRESSIONAL BUDGET 552 of title 5 of data that are acquired for ex- of reports submitted to the Director under ACT OF 1974.—This subchapter shall not be clusively statistical purposes under a pledge this subsection and actions taken by the Di- construed to limit any authorities of the of confidentiality. rector to advance the purposes of this sub- Congressional Budget Office to work (con- ‘‘(9) RESPONDENT.—The term ‘respondent’ chapter in the annual report to Congress on sistent with laws governing the confiden- means a person who, or organization that, is statistical programs prepared under section tiality of information the disclosure of which requested or required to supply information 3504(e)(2). would be a violation of law) with databases to an agency, is the subject of information ‘‘§ 3563. Statistical agencies of Designated Statistical Agencies (as de- requested or required to be supplied to an fined in section 3576(e)), either separately or, ‘‘(a) RESPONSIBILITIES.— agency, or provides that information to an for data that may be shared pursuant to sec- ‘‘(1) IN GENERAL.—Each statistical agency agency. tion 3576(c) or other authority, jointly in or unit shall— ‘‘(10) STATISTICAL ACTIVITIES.—The term order to improve the general utility of these ‘‘(A) produce and disseminate relevant and ‘statistical activities’— databases for the statistical purpose of ana- timely statistical information; ‘‘(A) means the collection, compilation, lyzing pension and health care financing ‘‘(B) conduct credible and accurate statis- processing, or analysis of data for the pur- issues. tical activities; pose of describing or making estimates con- ‘‘(f) PREEMPTION OF STATE LAW.—Nothing ‘‘(C) conduct objective statistical activi- cerning the whole, or relevant groups or in this subchapter shall preempt applicable ties; and components within, the economy, society, or State law regarding the confidentiality of ‘‘(D) protect the trust of information pro- the natural environment; and data collected by the States. viders by ensuring the confidentiality and ‘‘(B) includes the development of methods ‘‘(g) STATUTES REGARDING FALSE STATE- exclusive statistical use of their responses. or resources that support those activities, MENTS.—Notwithstanding section 3572, infor- ‘‘(2) POLICIES, BEST PRACTICES, AND PROCE- such as measurement methods, models, sta- mation collected by an agency for exclu- DURES.—Each statistical agency or unit shall tistical classifications, or sampling frames. sively statistical purposes under a pledge of adopt policies, best practices, and appro- ‘‘(11) STATISTICAL AGENCY OR UNIT.—The confidentiality may be provided by the col- priate procedures to implement the respon- term ‘statistical agency or unit’ means an lecting agency to a law enforcement agency sibilities described in paragraph (1). agency or organizational unit of the execu- for the prosecution of submissions to the col- tive branch whose activities are predomi- ‘‘(b) SUPPORT FROM OTHER AGENCIES.—The lecting agency of false statistical informa- nantly the collection, compilation, proc- head of each agency shall enable, support, tion under statutes that authorize criminal essing, or analysis of information for statis- and facilitate statistical agencies or units in penalties (such as section 221 of title 13) or tical purposes, as designated by the Director carrying out the responsibilities described in civil penalties for the provision of false sta- under section 3562. subsection (a)(1). tistical information, unless such disclosure ‘‘(c) REGULATIONS.—The Director shall pre- ‘‘(12) STATISTICAL PURPOSE.—The term ‘sta- or use would otherwise be prohibited under tistical purpose’— scribe regulations to carry out this section. Federal law. ‘‘(A) means the description, estimation, or ‘‘(d) DEFINITIONS.—In this section: ‘‘(h) CONSTRUCTION.—Nothing in this sub- analysis of the characteristics of groups, ‘‘(1) ACCURATE.—The term ‘accurate’, when chapter shall be construed as restricting or without identifying the individuals or orga- used with respect to statistical activities, diminishing any confidentiality protections nizations that comprise such groups; and means statistics that consistently match the or penalties for unauthorized disclosure that ‘‘(B) includes the development, implemen- events and trends being measured. otherwise apply to data or information col- tation, or maintenance of methods, technical ‘‘(2) CONFIDENTIALITY.—The term ‘confiden- lected for statistical purposes or nonstatis- or administrative procedures, or information tiality’ means a quality or condition ac- tical purposes, including, but not limited to, resources that support the purposes de- corded to information as an obligation not to section 6103 of the Internal Revenue Code of scribed in subparagraph (A). disclose that information to an unauthorized 1986. party. ‘‘(i) AUTHORITY OF CONGRESS.—Nothing in ‘‘§ 3562. Coordination and oversight of poli- ‘‘(3) OBJECTIVE.—The term ‘objective’, this subchapter shall be construed to affect cies when used with respect to statistical activi- the authority of the Congress, including its ‘‘(a) IN GENERAL.—The Director shall co- ties, means accurate, clear, complete, and committees, members, or agents, to obtain ordinate and oversee the confidentiality and unbiased. data or information for a statistical purpose, disclosure policies established by this sub- ‘‘(4) RELEVANT.—The term ‘relevant’, when including for oversight of an agency’s statis- chapter. The Director may promulgate rules used with respect to statistical information, tical activities. or provide other guidance to ensure con- means processes, activities, and other such ‘‘PART B—CONFIDENTIAL INFORMATION sistent interpretation of this subchapter by matters likely to be useful to policymakers PROTECTION the affected agencies. The Director shall de- and public and private sector data users. ‘‘§ 3571. Findings velop a process by which the Director des- ‘‘§ 3564. Effect on other laws ‘‘The Congress finds the following: ignates agencies or organizational units as ‘‘(1) Individuals, businesses, and other or- statistical agencies and units. The Director ‘‘(a) TITLE 44, UNITED STATES CODE.—This ganizations have varying degrees of legal shall promulgate guidance to implement subchapter does not diminish the authority protection when providing information to such process, which shall include specific cri- under section 3510 of the Director to direct, the agencies for strictly statistical purposes. teria for such designation and methods by and of an agency to make, disclosures that ‘‘(2) Pledges of confidentiality by agencies which the Director will ensure transparency are not inconsistent with any applicable law. provide assurances to the public that infor- in the process. ‘‘(b) TITLE 13 AND TITLE 44, UNITED STATES mation about individuals or organizations or ‘‘(b) AGENCY RULES.—Subject to subsection CODE.—This subchapter does not diminish (c), agencies may promulgate rules to imple- the authority of the Bureau of the Census to provided by individuals or organizations for ment this subchapter. Rules governing dis- provide information in accordance with sec- exclusively statistical purposes will be held closures of information that are authorized tions 8, 16, 301, and 401 of title 13 and section in confidence and will not be used against by this subchapter shall be promulgated by 2108 of this title. such individuals or organizations in any the agency that originally collected the in- ‘‘(c) TITLE 13, UNITED STATES CODE.—This agency action. formation. subchapter shall not be construed as author- ‘‘(3) Protecting the confidentiality inter- ‘‘(c) REVIEW AND APPROVAL OF RULES.—The izing the disclosure for nonstatistical pur- ests of individuals or organizations who pro- Director shall review any rules proposed by poses of demographic data or information vide information under a pledge of confiden- an agency pursuant to this subchapter for collected by the Bureau of the Census pursu- tiality for Federal statistical programs consistency with the provisions of this chap- ant to section 9 of title 13. serves both the interests of the public and ter and such rules shall be subject to the ap- ‘‘(d) VARIOUS ENERGY STATUTES.—Data or the needs of society. proval of the Director. information acquired by the Energy Informa- ‘‘(4) Declining trust of the public in the ‘‘(d) REPORTS.— tion Administration under a pledge of con- protection of information provided under a ‘‘(1) The head of each agency shall provide fidentiality and designated by the Energy In- pledge of confidentiality to the agencies ad- to the Director such reports and other infor- formation Administration to be used for ex- versely affects both the accuracy and com- mation as the Director requests. clusively statistical purposes shall not be pleteness of statistical analyses. ‘‘(2) Each Designated Statistical Agency disclosed in identifiable form for nonstatis- ‘‘(5) Ensuring that information provided (as defined in section 3576(e)) shall report an- tical purposes under— under a pledge of confidentiality for statis- nually to the Director, the Committee on ‘‘(1) section 12, 20, or 59 of the Federal En- tical purposes receives protection is essen- Oversight and Government Reform of the ergy Administration Act of 1974 (15 U.S.C. tial in continuing public cooperation in sta- House of Representatives, and the Com- 771, 779, 790h); tistical programs. mittee on Homeland Security and Govern- ‘‘(2) section 11 of the Energy Supply and ‘‘§ 3572. Confidential information protection mental Affairs of the Senate on the actions Environmental Coordination Act of 1974 (15 ‘‘(a) PURPOSES.—The purposes of this sec- it has taken to implement section 3576. The U.S.C. 796); or tion are the following:

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7942 CONGRESSIONAL RECORD — SENATE December 19, 2018 ‘‘(1) To ensure that information supplied ciency. Statutory constraints limit the abil- ‘‘(A) emphasizing to their officers, employ- by individuals or organizations to an agency ity of these agencies to share data and thus ees, and agents the importance of protecting for statistical purposes under a pledge of to achieve higher efficiency for Federal sta- the confidentiality of information in cases confidentiality is used exclusively for statis- tistical programs. where the identity of individual respondents tical purposes. ‘‘(3) The quality of Federal statistics de- can reasonably be inferred by either direct or ‘‘(2) To ensure that individuals or organiza- pends on the willingness of businesses to re- indirect means; tions who supply information under a pledge spond to statistical surveys. Reducing re- ‘‘(B) training their officers, employees, and of confidentiality to agencies for statistical porting burdens will increase response rates, agents in their legal obligations to protect purposes will neither have that information and therefore lead to more accurate charac- the confidentiality of individually identifi- disclosed in identifiable form to anyone not terizations of the economy. able information and in the procedures that authorized by this subchapter nor have that ‘‘(4) Enhanced sharing of business data must be followed to provide access to such information used for any purpose other than among the Bureau of the Census, the Bureau information; a statistical purpose. of Economic Analysis, and the Bureau of ‘‘(C) implementing appropriate measures ‘‘(3) To safeguard the confidentiality of in- Labor Statistics for exclusively statistical to assure the physical and electronic secu- dividually identifiable information acquired purposes will improve their ability to track rity of confidential data; under a pledge of confidentiality for statis- more accurately the large and rapidly chang- ‘‘(D) establishing a system of records that tical purposes by controlling access to, and ing nature of United States business. In par- identifies individuals accessing confidential uses made of, such information. ticular, the statistical agencies will be able data and the project for which the data were ‘‘(b) USE OF STATISTICAL DATA OR INFORMA- to better ensure that businesses are consist- required; and TION.—Data or information acquired by an ently classified in appropriate industries, re- ‘‘(E) being prepared to document their agency under a pledge of confidentiality and solve data anomalies, produce statistical compliance with safeguard principles to for exclusively statistical purposes shall be samples that are consistently adjusted for other agencies authorized by law to monitor used by officers, employees, or agents of the the entry and exit of new businesses in a such compliance. timely manner, and correct faulty reporting agency exclusively for statistical purposes ‘‘(c) SHARING OF BUSINESS DATA AMONG and protected in accordance with such errors quickly and efficiently. DESIGNATED STATISTICAL AGENCIES.— pledge. ‘‘(5) Congress enacted the International In- ‘‘(1) IN GENERAL.—A Designated Statistical ‘‘(c) DISCLOSURE OF STATISTICAL DATA OR vestment and Trade in Services Survey Act Agency may provide business data in an INFORMATION.— (Public Law 94–472), which allowed the Bu- identifiable form to another Designated Sta- ‘‘(1) Data or information acquired by an reau of the Census, the Bureau of Economic tistical Agency under the terms of a written agency under a pledge of confidentiality for Analysis, and the Bureau of Labor Statistics agreement among the agencies sharing the exclusively statistical purposes shall not be to share data on foreign-owned companies. business data that specifies— disclosed by an agency in identifiable form, The Act not only expanded detailed industry ‘‘(A) the business data to be shared; for any use other than an exclusively statis- coverage from 135 industries to over 800 in- ‘‘(B) the statistical purposes for which the tical purpose, except with the informed con- dustries with no increase in the data col- business data are to be used; sent of the respondent. lected from respondents but also dem- ‘‘(C) the officers, employees, and agents au- ‘‘(2) A disclosure pursuant to paragraph (1) onstrated how data sharing can result in the thorized to examine the business data to be is authorized only when the head of the creation of valuable data products. shared; and agency approves such disclosure and the dis- ‘‘(6) With part B of this subchapter, the ‘‘(D) appropriate security procedures to closure is not prohibited by any other law. sharing of business data among the Bureau safeguard the confidentiality of the business ‘‘(3) This section does not restrict or di- of the Census, the Bureau of Economic Anal- data. minish any confidentiality protections in ysis, and the Bureau of Labor Statistics con- ‘‘(2) RESPONSIBILITIES OF AGENCIES UNDER law that otherwise apply to data or informa- tinues to ensure the highest level of con- OTHER LAWS.—The provision of business data tion acquired by an agency under a pledge of fidentiality for respondents to statistical by an agency to a Designated Statistical confidentiality for exclusively statistical surveys. Agency under this section shall in no way purposes. ‘‘§ 3576. Designated statistical agencies alter the responsibility of the agency pro- ‘‘(d) RULE FOR USE OF DATA OR INFORMA- ‘‘(a) PURPOSES.—The purposes of this sec- viding the data under other statutes (includ- TION FOR NONSTATISTICAL PURPOSES.—A station are the following: tistical agency or unit shall clearly distin- ing sections 552 and 552b of title 5) with re- ‘‘(1) To authorize the sharing of business spect to the provision or withholding of such guish any data or information it collects for data among the Bureau of the Census, the nonstatistical purposes (as authorized by information by the agency providing the Bureau of Economic Analysis, and the Bu- data. law) and provide notice to the public, before reau of Labor Statistics for exclusively sta- ‘‘(3) RESPONSIBILITIES OF OFFICERS, EMPLOY- the data or information is collected, that the tistical purposes. EES, AND AGENTS.—Examination of business data or information could be used for non- ‘‘(2) To reduce the paperwork burdens im- data in identifiable form shall be limited to statistical purposes. posed on businesses that provide requested ‘‘(e) DESIGNATION OF AGENTS.—A statistical the officers, employees, and agents author- information to the Federal Government. agency or unit may designate agents, by con- ized to examine the individual reports in ac- ‘‘(3) To improve the comparability and ac- tract or by entering into a special agreement cordance with written agreements pursuant curacy of Federal economic statistics by al- containing the provisions required under sec- to this section. Officers, employees, and lowing the Bureau of the Census, the Bureau tion 3561(2) for treatment as an agent under agents of a Designated Statistical Agency of Economic Analysis, and the Bureau of that section, who may perform exclusively who receive data pursuant to this section Labor Statistics to update sample frames, statistical activities, subject to the limita- shall be subject to all provisions of law, in- develop consistent classifications of estab- tions and penalties described in this sub- lishments and companies into industries, im- cluding penalties, that relate— chapter. prove coverage, and reconcile significant dif- ‘‘(A) to the unlawful provision of the busi- ‘‘(f) FINES AND PENALTIES.—Whoever, being ferences in data produced by the three agen- ness data that would apply to the officers, an officer, employee, or agent of an agency cies. employees, and agents of the agency that acquiring information for exclusively statis- ‘‘(4) To increase understanding of the originally obtained the information; and tical purposes, having taken and subscribed United States economy, especially for key ‘‘(B) to the unlawful disclosure of the busi- the oath of office, or having sworn to observe industry and regional statistics, to develop ness data that would apply to officers, em- the limitations imposed by this section, more accurate measures of the impact of ployees, and agents of the agency that origi- comes into possession of such information by technology on productivity growth, and to nally obtained the information. reason of his or her being an officer, em- enhance the reliability of the Nation’s most ‘‘(4) NOTICE.—Whenever a written agree- ployee, or agent and, knowing that the dis- important economic indicators, such as the ment concerns data that respondents were closure of the specific information is prohib- National Income and Product Accounts. required by law to report and the respond- ited under the provisions of this subchapter, ‘‘(b) RESPONSIBILITIES OF DESIGNATED STA- ents were not informed that the data could willfully discloses the information in any TISTICAL AGENCIES.—The head of each of the be shared among the Designated Statistical manner to a person or agency not entitled to Designated Statistical Agencies shall— Agencies, for exclusively statistical pur- receive it, shall be guilty of a class E felony ‘‘(1) identify opportunities to eliminate du- poses, the terms of such agreement shall be and imprisoned for not more than 5 years, or plication and otherwise reduce reporting described in a public notice issued by the fined not more than $250,000, or both. burden and cost imposed on the public in agency that intends to provide the data. ‘‘PART C—STATISTICAL EFFICIENCY providing information for statistical pur- Such notice shall allow a minimum of 60 ‘‘§ 3575. Findings poses; days for public comment. ‘‘The Congress finds the following: ‘‘(2) enter into joint statistical projects to ‘‘(d) LIMITATIONS ON USE OF BUSINESS DATA ‘‘(1) Federal statistics are an important improve the quality and reduce the cost of PROVIDED BY DESIGNATED STATISTICAL AGEN- source of information for public and private statistical programs; and CIES.— decision-makers such as policymakers, con- ‘‘(3) protect the confidentiality of individ- ‘‘(1) GENERAL USE.—Business data provided sumers, businesses, investors, and workers. ually identifiable information acquired for by a Designated Statistical Agency pursuant ‘‘(2) Federal statistical agencies should statistical purposes by adhering to safeguard to this section shall be used exclusively for continuously seek to improve their effi- principles, including— statistical purposes.

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‘‘(2) PUBLICATION.—Publication of business sistent with this title, it supersedes this title ‘‘(b) REGULATIONS FOR ACCESSIBILITY OF data acquired by a Designated Statistical to the extent of the inconsistency. NONPUBLIC DATA ASSETS.—The Director shall Agency shall occur in a manner whereby the (2) ORIGINAL DATE OF ENACTMENT UN- promulgate regulations, in accordance with data furnished by any particular respondent CHANGED.—For purposes of determining applicable law, for statistical agencies and are not in identifiable form. whether one provision of law supersedes an- units to carry out the requirement under ‘‘(e) DESIGNATED STATISTICAL AGENCY DE- other based on enactment later in time, the subsection (a). Such regulations shall in- FINED.—In this section, the term ‘Designated date of the enactment of a provision enacted clude the following: Statistical Agency’ means each of the fol- by this title is deemed to be the date of the ‘‘(1) Standards for each statistical agency lowing: enactment of the provision it replaced. or unit to assess each data asset owned or ‘‘(1) The Census Bureau of the Department (3) REFERENCES TO PROVISIONS REPLACED.— accessed by the statistical agency or unit for of Commerce. A reference to a provision of law replaced by purposes of categorizing the sensitivity level ‘‘(2) The Bureau of Economic Analysis of this title, including a reference in a regula- of each such asset and identifying the cor- the Department of Commerce. tion, order, or other law, is deemed to refer responding level of accessibility to each such ‘‘(3) The Bureau of Labor Statistics of the to the corresponding provision enacted by asset. Such standards shall include— Department of Labor.’’. this title. ‘‘(A) common sensitivity levels and cor- (b) CLERICAL AMENDMENT.—The table of (4) REGULATIONS, ORDERS, AND OTHER AD- responding levels of accessibility that may sections at the beginning of chapter 35 of MINISTRATIVE ACTIONS.—A regulation, order, be assigned to a data asset, including a req- title 44, United States Code, as amended by or other administrative action in effect uisite minimum and maximum number of proceeding provisions of this Act, is further under a provision of law replaced by this sensitivity levels for each statistical agency amended by adding at the end the following: title continues in effect under the cor- or unit to use; ‘‘SUBCHAPTER III—CONFIDENTIAL INFORMATION responding provision enacted by this title. ‘‘(B) criteria for determining the sensi- PROTECTION AND STATISTICAL EFFICIENCY (5) ACTIONS TAKEN AND OFFENSES COM- tivity level and corresponding level of acces- ‘‘PART A—GENERAL MITTED.—An action taken or an offense com- sibility of each data asset; and mitted under a provision of law replaced by ‘‘(C) criteria for determining whether a ‘‘3561. Definitions. this title is deemed to have been taken or less sensitive and more accessible version of ‘‘3562. Coordination and oversight of policies. ‘‘3563. Statistical agencies. committed under the corresponding provi- a data asset can be produced. ‘‘3564. Effect on other laws. sion enacted by this title. ‘‘(2) Standards for each statistical agency SEC. 303. INCREASING ACCESS TO DATA FOR EVI- or unit to improve access to a data asset pur- ‘‘PART B—CONFIDENTIAL INFORMATION DENCE. suant to paragraph (1) or (3) by removing or PROTECTION (a) IN GENERAL.—Subchapter III of chapter obscuring information in such a manner that ‘‘3571. Findings. 35 of title 44, United States Code, as added by the identity of the data subject is less likely ‘‘3572. Confidential information protection. section 302, is amended by adding at the end to be reasonably inferred by either direct or ‘‘PART C—STATISTICAL EFFICIENCY the following new part: indirect means. ‘‘3575. Findings. ‘‘PART D—ACCESS TO DATA FOR ‘‘(3) A requirement for each statistical ‘‘3576. Designated statistical agencies.’’. EVIDENCE agency or unit to conduct a comprehensive (c) CONFORMING AMENDMENTS.— ‘‘§ 3581. Presumption of accessibility for sta- risk assessment of any data asset acquired or (1) REPEAL OF CONFIDENTIAL INFORMATION tistical agencies and units accessed under this subchapter prior to any PROTECTION AND STATISTICAL EFFICIENCY ACT ‘‘(a) ACCESSIBILITY OF DATA ASSETS.—The public release of such asset, including stand- OF 2002.—Title V of the E–Government Act of head of an agency shall, to the extent prac- ards for such comprehensive risk assessment 2002 (Public Law 107–347; 44 U.S.C. 3501 note) ticable, make any data asset maintained by and criteria for making a determination of is repealed (and the table of contents of such the agency available, upon request, to any whether to release the data. Act shall be conformed accordingly). statistical agency or unit for purposes of de- ‘‘(4) Requirements for each statistical (2) TITLE 13, UNITED STATES CODE.—Section veloping evidence. agency or unit to make any process or as- 402 of title 13, United States Code, is amend- ‘‘(b) LIMITATIONS.—Subsection (a) does not sessment established, produced, or conducted ed by striking ‘‘the Confidential Information apply to any data asset that is subject to a pursuant to this section transparent and Protection and Statistical Efficiency Act of statute that— easy to understand, including the following: 2002’’ and inserting ‘‘section 3576(e) of title ‘‘(1) prohibits the sharing or intended use ‘‘(A) A requirement to make information 44’’. of such asset in a manner as to leave no dis- on the assessment of the sensitivity level of (3) TITLE 49, UNITED STATES CODE.—Title 49, cretion on the issue; or each data asset conducted pursuant to para- United States Code, is amended— ‘‘(2) if enacted after the date of the enact- graph (1) available on the Federal data cata- (A) in section 6302(d)(4), by striking ‘‘the ment of this section, specifically cites to logue established under section 3511(c)(1). Confidential Information’’ and all that fol- this paragraph. ‘‘(B) A requirement to make any com- lows through the period and inserting ‘‘sec- ‘‘(c) REGULATIONS.—The Director shall pre- prehensive risk assessment, and associated tion 3572 of title 44.’’; and scribe regulations for agencies to carry out determinations, conducted under paragraph (B) in section 6314(d)(2), by striking ‘‘the this section. Such regulations shall— (3) available on the Federal data catalogue Confidential Information’’ and all that fol- ‘‘(1) require the timely provision of data established under section 3511(c)(1). lows through the period and inserting ‘‘sec- assets under subsection (a); ‘‘(C) A requirement to make any standard tion 3572 of title 44.’’. ‘‘(2) provide a list of statutes that exempt or policy established by the statistical agen- (4) ACT OF JANUARY 27, 1938.—The first sec- agencies from the requirement under sub- cy or unit to carry out this section and any tion of the Act of January 27, 1938, entitled section (a) pursuant to subsection (b)(1); assessment conducted under this section eas- ‘‘An Act to make confidential certain infor- ‘‘(3) establish clear and consistent stand- ily accessible on the public website of such mation furnished to the Bureau of Foreign ards, to the extent possible, for complying agency or unit. and Domestic Commerce, and for other pur- with section 552a of title 5 (commonly known ‘‘(c) RESPONSIBILITIES OF THE DIRECTOR.— poses’’ (52 Stat. 8, chapter 11; 15 U.S.C. 176a), as the ‘Privacy Act of 1974’) and any other The Director shall— is amended by striking ‘‘the Confidential In- applicable law requiring the protection and ‘‘(1) make public all standards and policies formation Protection and Statistical Effi- confidentiality of individually identifiable established under this section; and ciency Act of 2002’’ and inserting ‘‘sub- information; and ‘‘(2) ensure that statistical agencies and chapter III of chapter 35 of title 44, United ‘‘(4) require a transparent process for sta- units have the ability to make information States Code’’. tistical agencies and units to request data public on the Federal data catalogue established under section 3511(c)(1), in accordance (5) FIXING AMERICA’S SURFACE TRANSPOR- assets from agencies and for agencies to re- with requirements established pursuant to TATION ACT.—Section 7308(e)(2) of the Fixing spond to such requests. America’s Surface Transportation Act (Pub- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in subsection (b). lic Law 114–94; 49 U.S.C. 20155 note) is amend- this section may be construed as altering ex- ‘‘§ 3583. Application to access data assets for ed by striking ‘‘the Confidential Information isting intellectual property rights or the developing evidence Protection and Statistical Efficiency Act of terms of any contract or other binding, writ- ‘‘(a) STANDARD APPLICATION PROCESS.—The 2002 (44 U.S.C. 3501 note)’’ and inserting ‘‘sec- ten agreement. Director shall establish a process through tion 3572 of title 44, United States Code’’. ‘‘§ 3582. Expanding secure access to CIPSEA which agencies, the Congressional Budget Of- (d) TRANSITIONAL AND SAVINGS PROVI- data assets fice, State, local, and Tribal governments, SIONS.— ‘‘(a) STATISTICAL AGENCY RESPONSIBIL- researchers, and other individuals, as appro- (1) CUTOFF DATE.—This title replaces cer- ITIES.—To the extent practicable, each sta- priate, may apply to access the data assets tain provisions of law enacted on December tistical agency or unit shall expand access to accessed or acquired under this subchapter 17, 2002. If a law enacted after that date data assets of such agency or unit acquired by a statistical agency or unit for purposes amends or repeals a provision replaced by or accessed under this subchapter to develop of developing evidence. The process shall in- this title, that law is deemed to amend or re- evidence while protecting such assets from clude the following: peal, as the case may be, the corresponding inappropriate access and use, in accordance ‘‘(1) Sufficient detail to ensure that each provision enacted by this title. If a law en- with the regulations promulgated under sub- statistical agency or unit establishes an acted after that date is otherwise incon- section (b). identical process.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7944 CONGRESSIONAL RECORD — SENATE December 19, 2018 ‘‘(2) A common application form. SEC. 403. EFFECTIVE DATE. employer consortia, or industry or sector ‘‘(3) Criteria for statistical agencies and Except as otherwise provided, this Act, and partnerships, and may include a university units to determine whether to grant an ap- the amendments made by this Act, shall or other organization with demonstrated ex- plicant access to a data asset. take effect on the date that is 180 days after pertise in academic program development; ‘‘(4) Timeframes for prompt determina- the date of the enactment of this Act. ‘‘(B) applications that demonstrate current tions by each statistical agency or unit. and future workforce demand in occupations ‘‘(5) An appeals process for adverse deci- SA 4172. Mr. BOOZMAN (for Mr. directly related to the proposed associate de- sions and noncompliance with the process es- THUNE) proposed an amendment to the gree or certificate program; tablished under this subsection. bill H.R. 5509, to direct the National ‘‘(C) applications that include commit- ‘‘(6) Standards for transparency, including Science Foundation to provide grants ments by the partnering employers or em- requirements to make the following informa- for research about STEM education ap- ployer consortia, or industry or sector part- tion publicly available: nerships, to offer apprenticeships, intern- ‘‘(A) Each application received. proaches and the STEM-related work- ships, or other applied learning opportunities ‘‘(B) The status of each application. force, and for other purposes; as fol- to students enrolled in the proposed asso- ‘‘(C) The determination made for each ap- lows: ciate degree or certificate program; plication. Strike all after the enacting clause and in- ‘‘(D) applications that include outreach ‘‘(D) Any other information, as appro- sert the following: plans and goals for recruiting and enrolling priate, to ensure full transparency of the SECTION 1. SHORT TITLE. women and other underrepresented popu- process established under this subsection. This Act may be cited as the ‘‘Innovations lations in STEM fields in the proposed asso- ‘‘(b) CONSULTATION.—In establishing the in Mentoring, Training, and Apprenticeships ciate degree or certificate program; and process required under subsection (a), the Di- Act’’. ‘‘(E) applications that describe how the ap- rector shall consult with stakeholders, in- SEC. 2. FINDINGS. plying junior or community college will sup- cluding the public, agencies, State and local Congress finds the following: port the collection of information and data governments, and representatives of non- (1) To remain competitive in the global for purposes of evaluation of the proposed as- governmental researchers. economy, foster greater innovation, and pro- sociate degree or certificate program. ‘‘(c) IMPLEMENTATION.—The head of each vide a foundation for shared prosperity, the statistical agency or unit shall implement ‘‘(e) GRANTS FOR STEM DEGREE APPLIED United States needs a workforce with the the process established under subsection LEARNING OPPORTUNITIES.— right mix of skills to meet the diverse needs (a).’’. ‘‘(1) IN GENERAL.—The Director shall award of the economy. (b) CLERICAL AMENDMENT.—The table of grants to institutions of higher education (2) Evidence indicates that the returns on sections at the beginning of chapter 35 of partnering with private sector employers or investments in technical skills in the labor title 44, United States Code, as amended by private sector employer consortia, or indus- market are strong when students success- preceding provisions of this Act, is further try or sector partnerships, that commit to fully complete their education and gain cre- amended by adding at the end the following: offering apprenticeships, internships, re- dentials sought by employers. ‘‘PART D—ACCESS TO DATA FOR EVIDENCE search opportunities, or applied learning ex- (3) The responsibility for developing and periences to enrolled students in identified ‘‘3581. Presumption of accessibility for sta- sustaining a skilled technical workforce is STEM baccalaureate degree programs. tistical agencies and units. fragmented across many groups, including ‘‘(2) PURPOSES.—Awards under this sub- ‘‘3582. Expanding secure access to CIPSEA educators, students, workers, employers, section may be used— data assets. Federal, State, and local governments, civic ‘‘(A) to develop curricula and programs for ‘‘3583. Application to access data assets for associations, and other stakeholders. Such apprenticeship, internships, research oppor- developing evidence.’’. groups need to be able to coordinate and co- tunities, or applied learning experiences; or (c) DEADLINE FOR GUIDANCE AND IMPLEMEN- operate successfully with each other. ‘‘(B) to provide matching funds to TATION.—Not later than 1 year after the date (4) Coordination among students, commu- incentivize partnership and participation by of the enactment of this Act, the Director of nity colleges, secondary and post-secondary private sector employers and industry. the Office of Management and Budget shall institutions, and employers would improve ‘‘(3) APPLICATIONS.—In considering applica- promulgate or issue any regulation or guid- educational outcomes. tions for grants under paragraph (1), the Di- ance required by subchapter III of title 44, (5) Promising experiments currently un- rector shall prioritize— United States Code, as amended by this sec- derway may guide innovation and reform, ‘‘(A) applicants that consist of a partner- tion, with a requirement for such regulation but scalability of some of those experiments ship between— or guidance to be implemented not later has not yet been tested. ‘‘(i) the applying institution of higher edu- than 1 year after the date on which such reg- (6) Evidence suggests that integration of cation; and ulation or guidance has been promulgated or academic education, technical skills devel- ‘‘(ii) individual employers or an employer issued. opment, and hands-on work experience im- consortia, or industry or sector partnerships; TITLE IV—GENERAL PROVISIONS proves outcomes and return on investment ‘‘(B) applications that demonstrate current for students in secondary and post-secondary SEC. 401. RULE OF CONSTRUCTION. and future workforce demand in occupations education and for skilled technical workers directly related to the identified STEM Nothing in this Act, or the amendments in different career stages. made by this Act, may be construed— fields; (7) Outcomes show that mentoring can in- ‘‘(C) applications that include outreach (1) to require the disclosure of information crease STEM student engagement and the or records that are exempt from disclosure plans and goals for recruiting and enrolling rate of completion of STEM post-secondary women and other underrepresented popu- under section 552 of title 5, United States degrees. Code (commonly known as the ‘‘Freedom of lations in STEM fields; and SEC. 3. NATIONAL SCIENCE FOUNDATION STEM ‘‘(D) applications that describe how the in- Information Act’’); INNOVATION AND APPRENTICESHIP (2) to create or expand an exemption from stitution of higher education will support GRANTS. the collection and information of data for disclosure under such section; Section 3 of the Scientific and Advanced- purposes of the evaluation of identified (3) to override, limit, or otherwise affect Technology Act of 1992 (42 U.S.C. 1862i) is STEM degree programs. intellectual property rights, including rights amended— under titles 17 and 35, United States Code; (1) by redesignating subsections (d) ‘‘(f) GRANTS FOR COMPUTER-BASED AND ON- (4) to affect the authority of a Federal through (g) as subsections (g) through (j), re- LINE STEM EDUCATION COURSES.— agency regarding the use, disclosure, or li- spectively; ‘‘(1) IN GENERAL.—The Director of the Na- censing of— (2) by inserting after subsection (c) the fol- tional Science Foundation shall award com- (A) confidential business information that lowing: petitive grants to institutions of higher edu- could be withheld under section 552(b)(4) of ‘‘(d) GRANTS FOR ASSOCIATE DEGREE PRO- cation or nonprofit organizations to conduct title 5, United States Code; or GRAMS IN STEM FIELDS.— research on student outcomes and determine (B) data assets restricted from disclosure ‘‘(1) IN-DEMAND WORKFORCE GRANTS.—The best practices for STEM education and tech- under a contract or other binding, written Director shall award grants to junior or com- nical skills education through distance agreement; or munity colleges to develop or improve asso- learning or in a simulated work environ- (5) to affect the independence, responsibil- ciate degree or certificate programs in ment. ities, or work products of an Inspector Gen- STEM fields, with respect to the region in ‘‘(2) RESEARCH AREAS.—The research areas eral of any agency. which the respective college is located, and eligible for funding under this subsection SEC. 402. USE OF EXISTING RESOURCES. an in-demand industry sector or occupation. may include— To the extent practicable, the head of each ‘‘(2) APPLICATIONS.—In considering applica- ‘‘(A) post-secondary courses for technical agency shall use existing procedures and sys- tions for grants under paragraph (1), the Di- skills development for STEM occupations; tems to carry out agency requirements and rector shall prioritize— ‘‘(B) improving high-school level career shall select existing employees for appoint- ‘‘(A) applications that consist of a partner- and technical education in STEM subjects; ments under this Act and the amendments ship between the applying junior or commu- ‘‘(C) encouraging and sustaining interest made by this Act. nity college and individual employers or an and achievement levels in STEM subjects

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.061 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7945 among women and other populations histori- of the America COMPETES Act of 2010 (Pub- Observe, Ask, and Respond to Health and cally underrepresented in STEM studies and lic Law 111–358), to explore the feasibility of Wellness Training Program or the SOAR to careers; and expanding its surveys to include the collec- Health and Wellness Training Program (in ‘‘(D) combining computer-based and online tion of objective data on the skilled tech- this section referred to as the ‘Program’) to STEM education and skills development nical workforce. provide training to health care and social with traditional mentoring and other men- (2) REPORT.—Not later than 1 year after service providers on human trafficking in ac- toring arrangements, apprenticeships, in- the date of enactment of this Act, the Direc- cordance with this section. ternships, and other applied learning oppor- tor of the National Science Foundation shall ‘‘(b) ACTIVITIES.— tunities.’’; submit to Congress a report on the progress ‘‘(1) IN GENERAL.—The Program shall in- (3) in subsection (a)(3)(A), by striking the made in expanding the National Center for clude the Stop, Observe, Ask, and Respond to comma and inserting a semicolon; Science and Engineering Statistics surveys Health and Wellness Training Program’s ac- (4) in subsection (c)(1)(B)(iv), by striking to include the skilled technical workforce, tivities existing on the day before the date of ‘‘subsection (f)(3)’’ and inserting ‘‘subsection including a plan for multi-agency collabora- enactment of this section and the authorized (i)(3)’’; tion to improve data collection and report- initiatives described in paragraph (2). (5) in subsection (h), as redesignated— ing of data on the skilled technical work- ‘‘(2) AUTHORIZED INITIATIVES.—The author- (A) in the heading, by striking ‘‘LIMITATION force. ized initiatives of the Program shall in- ON FUNDING’’ and inserting ‘‘FUNDING’’; (3) DEFINITION OF SKILLED TECHNICAL WORK- clude— (B) by inserting ‘‘(3) LIMITATION ON FUND- FORCE.—The term ‘‘ ‘skilled technical work- ‘‘(A) engaging stakeholders, including vic- ING.—’’ before ‘‘To qualify’’ and indenting ap- force’ ’’ means workers with high school di- tims of human trafficking and Federal, propriately; and plomas and two-year technical training or State, local, and tribal partners, to develop a (C) by inserting before paragraph (3), as re- certifications who employ significant levels designated, the following: flexible training module— of STEM knowledge in their jobs. ‘‘(i) for supporting activities under sub- ‘‘(1) FUNDING.—The Director shall allocate SEC. 5. EVALUATION AND REPORT. section (c); and out of amounts made available for the Edu- (a) EVALUATION.— cation and Human Resources Directorate— ‘‘(ii) that adapts to changing needs, set- (1) IN GENERAL.—Not later than 2 years tings, health care providers, and social serv- ‘‘(A) up to $5,000,000 to carry out the activi- after the date of enactment of this Act, the ties under subsection (d) for each of fiscal ice providers; Director of the National Science Foundation ‘‘(B) providing technical assistance to years 2019 through 2022, subject to the avail- shall evaluate the grant programs estab- ability of appropriations; grantees related to implementing activities lished under subsections (d), (e), and (f) of described in subsection (c) and reporting on ‘‘(B) up to $2,500,000 to carry out the activi- section 3 of the Scientific and Advanced- ties under subsection (e) for each of fiscal any best practices identified by the grantees; Technology Act of 1992 (42 U.S.C. 1862i), as ‘‘(C) developing a reliable methodology for years 2019 through 2022, subject to the avail- amended by this Act. ability of appropriations; and collecting data, and reporting such data, on (2) REQUIREMENTS.—In conducting the eval- the number of human trafficking victims ‘‘(C) up to $2,500,000 to carry out the activi- uation under paragraph (1), the Director ties under subsection (f) for each of fiscal identified and served by grantees in a man- shall— ner that, at a minimum, prevents disclosure years 2019 through 2022, subject to the avail- (A) use a common set of benchmarks and ability of appropriations. of individually identifiable information con- assessment tools to identify best practices sistent with all applicable privacy laws and ‘‘(2) LIMITATION ON FUNDING.—Amounts and materials developed or demonstrated by made available to carry out subsections (d), regulations; and the research conducted pursuant to such ‘‘(D) integrating, as appropriate, the train- (e), and (f) shall be derived from amounts ap- grants and programs under subsection (f) of propriated or otherwise made available to ing described in paragraphs (1) through (4) of that section; subsection (c) with training programs, in ef- the National Science Foundation.’’; and (B) include an assessment of the effective- (6) in subsection (j), as redesignated— fect on the date of enactment of this section, ness of the grant programs in expanding ap- for health care and social service providers (A) in paragraph (4), by striking ‘‘; and’’ prenticeships, internships, and other applied and inserting a semicolon; for victims of intimate partner violence, sex- learning opportunities offered by employers ual assault, stalking, child abuse, child ne- (B) by redesignating paragraph (5) as para- in conjunction with junior or community graph (7); and glect, child maltreatment, and child sexual colleges, or institutions of higher education, exploitation. (C) by inserting after paragraph (4) the fol- as applicable; lowing: (C) assess the number of students who par- ‘‘(c) GRANTS.—The Secretary may award ‘‘(5) the term ‘in-demand industry sector or ticipated in the grant programs; and grants to appropriate entities to train health occupation’ has the meaning given the term (D) assess the percentage of students par- care and social service providers to— in section 3 of the Workforce Innovation and ticipating in the grant programs who suc- ‘‘(1) identify potential human trafficking Opportunity Act (29 U.S.C. 3102); cessfully complete their education programs. victims; ‘‘(6) the term ‘junior or community col- (b) REPORT ON EVALUATIONS.—Not later ‘‘(2) implement best practices for working lege’ has the meaning given the term in sec- than 180 days after the date the evaluation with law enforcement to report and facili- tion 312 of the Higher Education Act of 1965 under subsection (a) is complete, the Direc- tate communication with human trafficking (20 U.S.C. 1058);’’; and tor of the National Science Foundation shall victims, in accordance with all applicable (D) by adding at the end the following: submit to Congress and the Secretary of Federal, State, local, and tribal laws, includ- ‘‘(8) the term ‘region’ means a labor mar- Education, and make widely available to the ing legal confidentiality requirements for ket area, as that term is defined in section 3 public, a report on the results of the evalua- patients and health care and social service of the Workforce Innovation and Oppor- tion, including any recommendations for leg- providers; tunity Act (29 U.S.C. 3102); and islative action that could optimize the effec- ‘‘(3) implement best practices for referring ‘‘(9) the terms ‘mathematics, science, engi- tiveness of the grant programs. such victims to appropriate health care, so- neering, or technology’ or ‘STEM’ mean cial, or victims service agencies or organiza- science, technology, engineering, and mathe- SA 4173. Mr. BOOZMAN (for Mr. tions; and matics, including computer science.’’. ALEXANDER) proposed an amendment to ‘‘(4) provide such victims with coordinated, SEC. 4. RESEARCH ON EFFICIENCY OF SKILLED the bill H.R. 767, to establish the Stop, age-appropriate, culturally relevant, trau- TECHNICAL LABOR MARKETS. Observe, Ask, and Respond to Health ma-informed, patient-centered, and evi- (a) EFFICIENCY OF SKILLED TECHNICAL and Wellness Training pilot program to dence-based care. LABOR MARKETS.—The Director of the Na- ‘‘(d) CONSIDERATION IN AWARDING GRANTS.— tional Science Foundation, working through address human trafficking in the The Secretary, in making awards under this the Directorate of Social, Behavioral & Eco- health care system; as follows: section, shall give consideration to— nomic Sciences, in coordination with the Strike all after the enacting clause and in- ‘‘(1) geography; Secretary of Labor, shall support research on sert the following: ‘‘(2) the demographics of the population to labor market analysis innovations, data and SECTION 1. SHORT TITLE. be served; information sciences, electronic information This Act may be cited as the ‘‘Stop, Ob- ‘‘(3) the predominant types of human traf- tools and methodologies, and metrics. serve, Ask, and Respond to Health and ficking cases involved; and (b) SKILLED TECHNICAL WORKFORCE.— Wellness Act of 2018’’ or the ‘‘SOAR to ‘‘(4) health care and social service provider (1) REVIEW.—The National Center for Health and Wellness Act of 2018’’. profiles. Science and Engineering Statistics of the SEC. 2. PROGRAM ESTABLISHMENT. National Science Foundation shall consult Part E of title XII of the Public Health ‘‘(e) DATA COLLECTION AND REPORTING.— and coordinate with other relevant Federal Service Act (42 U.S.C. 300d-51 et seq.) is ‘‘(1) IN GENERAL.—The Secretary shall col- statistical agencies, including the Institute amended by adding at the end the following: lect data and report on the following: of Education Sciences of the Department of ‘‘SEC. 1254. STOP, OBSERVE, ASK, AND RESPOND ‘‘(A) The total number of entities that re- Education, and the Committee on Science, TO HEALTH AND WELLNESS TRAIN- ceived a grant under this section. Technology, Engineering, and Mathematics ING PROGRAM. ‘‘(B) The total number and geographic dis- Education of the National Science and Tech- ‘‘(a) IN GENERAL.—The Secretary shall es- tribution of health care and social service nology Council established under section 101 tablish a program to be known as the Stop, providers trained through the Program.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.062 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7946 CONGRESSIONAL RECORD — SENATE December 19, 2018 ‘‘(2) INITIAL REPORT.—In addition to the PRIVILEGES OF THE FLOOR ‘‘(13) DISCLOSURE OF RETURN INFORMATION data required to be collected under para- TO CARRY OUT THE HIGHER EDUCATION ACT OF graph (1), for purposes of the initial report to Mr. THUNE. Mr. President, I ask 1965.— be submitted under paragraph (3), the Sec- unanimous consent that Matt Wells ‘‘(A) INCOME-CONTINGENT OR INCOME-BASED retary shall collect data on the total number and Tom Sullivan, fellows in Senator REPAYMENT AND TOTAL AND PERMANENT DIS- of facilities and health care professional or- GRASSLEY’s office, be granted floor ABILITY DISCHARGE.—The Secretary shall, ganizations that were operating under, and privileges for the remainder of the upon written request from the Secretary of the total number of health care and social week. Education, disclose to officers, employees, service providers trained through, the Stop, The PRESIDING OFFICER. Without and contractors of the Department of Edu- cation, as specifically authorized and des- Observe, Ask, and Respond to Health and objection, it is so ordered. Wellness Training Program existing prior to ignated by the Secretary of Education, only the establishment of the Program under this Mr. GARDNER. I ask unanimous con- for the purpose of (and to the extent nec- section. sent that Sean McClintock, a congres- essary in) establishing, renewing, admin- ‘‘(3) ANNUAL REPORT.—Not later than 1 sional fellow in Senator COTTON’s of- istering, and conducting analyses and fore- year after the date of enactment of this sec- fice, be granted floor privileges for the casts for estimating costs related to income- tion, and annually thereafter, the Secretary remainder of the 115th Congress. contingent or income-based repayment pro- shall submit an annual report to Congress on The PRESIDING OFFICER. Is there grams, and the discharge of loans based on a the data collected under this subsection in a objection? total and permanent disability (within the manner that, at a minimum, prevents the meaning of section 437(a) of the Higher Edu- Without objection, it is so ordered. cation Act of 1965), under title IV of the disclosure of individually identifiable infor- Ms. HARRIS. Mr. President, I ask mation consistent with all applicable pri- Higher Education Act of 1965, the following vacy laws and regulations. unanimous consent that Thomas return information (as defined in subsection ‘‘(f) SHARING BEST PRACTICES.—The Sec- Dotstry, a fellow in my office, be given (b)(2)) with respect to taxpayers identified by retary shall make available, on the Internet floor privileges for the remainder of the Secretary of Education as participating website of the Department of Health and the 115th Congress. in the loan programs under title IV of such Human Services, a description of the best The PRESIDING OFFICER. Without Act, for taxable years specified by such Sec- practices and procedures used by entities objection, it is so ordered. retary: that receive a grant for carrying out activi- ‘‘(i) Taxpayer identity information with re- Ms. CANTWELL. Mr. President, I ask spect to such taxpayer. ties under this section. unanimous consent that Lauren ‘‘(g) DEFINITION.—In this section, the term ‘‘(ii) The filing status of such taxpayer. ‘human trafficking’ has the meaning given Vernon and Tom Schaff on the staff of ‘‘(iii) Type of tax return from which the re- the term ‘severe forms of trafficking in per- the Energy and Natural Resources turn information is provided. sons’ as defined in section 103 of the Traf- Committee be granted floor privileges ‘‘(iv) The adjusted gross income of such ficking Victims Protection Act of 2000. for the duration of the 115th Congress. taxpayer. ‘‘(v) Total number of exemptions claimed, ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— The PRESIDING OFFICER. Without or total number of individuals and depend- There is authorized to be appropriated to objection, it is so ordered. carry out this Act, $4,000,000 for each of fiscal ents claimed, as applicable, on the return. years 2020 through 2024.’’. f ‘‘(vi) Number of children with respect to FASTER ACCESS TO FEDERAL which tax credits under section 24 are SA 4174. Mr. BOOZMAN (for Mr. claimed on the return. STUDENT AID ACT OF 2018 ‘‘(vii) Other information determined to be PORTMAN) proposed an amendment to Mr. BOOZMAN. Mr. President, I ask necessary by agreement between the Sec- the bill S. 1023, to reauthorize the unanimous consent that the Com- retary and the Secretary of Education to ad- Tropical Forest Conservation Act of mittee on Finance be discharged from minister the Federal financial aid programs 1998 through fiscal year 2021, and for further consideration of S. 3611 and the as required by the Higher Education Act of other purposes; as follows: 1965. Senate proceed to its immediate con- ‘‘(B) FEDERAL STUDENT FINANCIAL AID.—The On page 25, strike line 19 and all that fol- sideration. lows through the period on line 20. Secretary shall, upon written request from The PRESIDING OFFICER. The the Secretary of Education, disclose to offi- f clerk will report the bill by title. cers, employees, and contractors of the De- AUTHORITY FOR COMMITTEES TO The legislative clerk read as follows: partment of Education, as specifically au- MEET A bill (S. 3611) to amend the Internal Rev- thorized and designated by the Secretary of Education, only for the purpose of (and to Mr. THUNE. Mr. President, I have 3 enue Code of 1986 and the Higher Education Act of 1965 to facilitate the disclosure of tax the extent necessary in) determining eligi- requests for committees to meet during bility for, and amount of, Federal student fi- return information to carry out the Higher nancial aid under programs authorized by today’s session of the Senate. They Education Act of 1965, and for other pur- title IV of the Higher Education Act of 1965 have the approval of the Majority and poses. and conducting analyses and forecasts for es- Minority leaders. There being no objection, the com- Pursuant to rule XXVI, paragraph timating costs related to such programs, the mittee was discharged, and the Senate following return information (as defined in 5(a), of the Standing Rules of the Sen- proceeded to consider the bill. subsection (b)(2)) with respect to taxpayers ate, the following committees are au- Mr. BOOZMAN. I ask unanimous con- identified by the Secretary of Education as thorized to meet during today’s session sent that the bill be considered read a applicants for Federal student financial aid of the Senate: third time and passed and that the mo- under title IV of such Act, for taxable years COMMITTEE ON VETERANS’ AFFAIRS specified by such Secretary: tion to reconsider be considered made ‘‘(i) Taxpayer identity information with re- The Committee on Veterans’ Affairs and laid upon the table. is authorized to meet during the ses- spect to such taxpayer. The PRESIDING OFFICER. Without ‘‘(ii) The filing status of such taxpayer. sion of the Senate on Wednesday, De- objection, it is so ordered. ‘‘(iii) Type of tax return from which the re- cember 19, 2018, at 2 p.m., to conduct a The bill (S. 3611) was ordered to be turn information is provided. hearing. engrossed for a third reading, was read ‘‘(iv) The adjusted gross income of such SELECT COMMITTEE ON INTELLIGENCE the third time, and passed, as follows: taxpayer. ‘‘(v) The amount of any net earnings from The Select Committee on Intel- S. 3611 ligence is authorized to meet during self-employment (as defined in section 1402), Be it enacted by the Senate and House of Rep- wages (as defined in section 3121(a) or the session of the Senate on Wednes- resentatives of the United States of America in 3401(a)), and taxable income from a farming day, December 19, 2018, at 2:30 p.m., to Congress assembled, business (as defined in section 236A(e)(4)) for conduct a closed hearing. SECTION 1. SHORT TITLE. the period reported on the return. SUBCOMMITTEE ON ANTITRUST, COMPETITION This Act may be cited as the ‘‘Faster Ac- ‘‘(vi) The total income tax of such tax- POLICY AND CONSUMER RIGHTS cess to Federal Student Aid Act of 2018’’. payer. The Subcommittee on Antitrust, SEC. 2. SECURE DISCLOSURE OF TAX-RETURN IN- ‘‘(vii) Total number of exemptions claimed, Competition Policy and Consumer FORMATION TO CARRY OUT THE or total number of individuals and depend- Rights of the Committee on the Judici- HIGHER EDUCATION ACT OF 1965. ents claimed, as applicable, on the return. (a) AMENDMENTS TO THE INTERNAL REVENUE ‘‘(viii) Number of children with respect to ary is authorized to meet during the CODE OF 1986.— which tax credits under section 24 are session of the Senate on Wednesday, (1) IN GENERAL.—Paragraph (13) of section claimed on the return. December 19, 2018, at 2:30 p.m., to con- 6103(l) of the Internal Revenue Code of 1986 is ‘‘(ix) Amount of any credit claimed under duct a hearing. amended to read as follows: section 25A for the taxable year.

VerDate Sep 11 2014 04:04 Dec 23, 2018 Jkt 089060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\RECORD18\DECEMBER\S19DE8.REC S19DE8 December 19, 2018 CONGRESSIONAL RECORD — SENATE S7947 ‘‘(x) Amount of individual retirement ac- whom the return information relates pro- Each such report shall include, as applica- count distributions not included in adjusted vides consent for such disclosure to the Sec- ble— gross income for the taxable year. retary of Education as part of the applica- (1) an update on the status of implementa- ‘‘(xi) Amount of individual retirement action for Federal student financial aid under tion of the amendments made by this Act, count contributions and payments to self- title IV of the Higher Education Act of 1965. (2) an evaluation of the processing of appli- employed SEP, Keogh, and other qualified ‘‘(D) REQUIRED NOTIFICATION PERIODS.— cations for Federal student financial aid, and plans which were deducted from income for ‘‘(i) NOTIFICATION TO CONGRESS.—The Sec- applications for income-based repayment the taxable year. retary and the Secretary of Education shall and income contingent repayment, under ‘‘(xii) The amount of tax-exempt interest. issue joint notifications to the Committees title IV of the Higher Education Act of 1965 ‘‘(xiii) Amounts from retirement pensions on Finance and Health, Education, Labor, (20 U.S.C. 1070 et seq.), in accordance with and annuities not included in adjusted gross and Pensions of the Senate and the Commit- the amendments made by this Act, and income for the taxable year. tees on Ways and Means and Education and (3) implementation issues and suggestions ‘‘(xiv) If applicable, the fact that there is the Workforce of the House of Representa- for potential improvements. no return filed for such taxpayer for the ap- tives not less than 120 days prior to the first (b) SPECIFIED DATE.—For purposes of sub- plicable year. disclosure of any type of return information section (a), the term ‘‘specified date’’ ‘‘(xv) Other information determined to be under subparagraph (A)(vii) or (B)(xv) with means— necessary by agreement between the Sec- respect to which such a notification has not (1) the date that is 90 days after the date of retary and the Secretary of Education to ad- been previously made. the enactment of this Act, minister the Federal financial aid programs ‘‘(ii) PUBLIC NOTICE AND COMMENT.—There (2) the date that is 120 days after the first as required by the Higher Education Act of shall be a public notice and comment period day that the disclosure process established 1965. beginning not less than 60 days prior to the under section 6103(l)(13) of the Internal Rev- ‘‘(C) RESTRICTION ON USE OF DISCLOSED IN- first disclosure of any type of return infor- enue Code of 1986, as amended by section 2(a) FORMATION.— mation under subparagraph (A)(vii) or of this Act, is operational and accessible to ‘‘(i) IN GENERAL.—Return information dis- (B)(xv) with respect to which such a notifica- officers, employees, and contractors of the closed under subparagraphs (A) and (B) may tion has not been previously made, subse- Department of Education (as specifically au- be used by officers, employees, and contrac- quent to the period allotted for Congres- thorized and designated by the Secretary of tors of the Department of Education, as spe- sional comment under clause (i).’’. Education), and cifically authorized and designated by the (2) CONFIDENTIALITY OF RETURN INFORMA- (3) the date that is 1 year after the report Secretary of Education, only for the pur- TION.—Section 6103(a)(3) of such Code is date described in paragraph (2). poses and to the extent necessary described amended by inserting ‘‘, (13)(A), (13)(B)’’ f in such subparagraphs and for mitigating after ‘‘(12)’’. risks (as defined in clause (ii)) relating to (3) CONFORMING AMENDMENTS.—Section INNOVATIONS IN MENTORING, the programs described in such subpara- 6103(p)(4) of such Code is amended— TRAINING, AND APPRENTICE- graphs. (A) by inserting ‘‘(A), (13)(B)’’ after ‘‘(13)’’ SHIPS ACT ‘‘(ii) MITIGATING RISKS.—For purposes of each place it occurs, and Mr. BOOZMAN. Mr. President, I ask this subparagraph, the term ‘mitigating (B) by inserting ‘‘, (13)(A), (13)(B)’’ after risks’ means, with respect to the programs ‘‘(l)(10)’’ each place it occurs. unanimous consent that the Com- described in subparagraphs (A) and (B)— (b) EFFECTIVE DATE.—The amendments mittee on Commerce, Science, and ‘‘(I) analyzing or estimating costs associ- made by this section shall apply to disclo- Transportation be discharged from the ated with potential changes to the need- sures made under section 6103(l)(13) of the In- further consideration of H.R. 5509 and analysis formula, ternal Revenue Code of 1986 (as amended by the Senate proceed to its immediate ‘‘(II) oversight activities by the Office of this section) after the date of the enactment consideration. Inspector General of the Department of Edu- of this Act. The PRESIDING OFFICER. The cation as authorized by the Inspector Gen- SEC. 3. NOTIFICATION OF REQUEST FOR TAX RE- clerk will report the bill by title. eral Act of 1978, as amended, TURN INFORMATION. The legislative clerk read as follows: ‘‘(III) developing or administering statis- (a) IN GENERAL.—Part G of title IV of the tical models that inform support to popu- Higher Education Act of 1965 (20 U.S.C. 1088 A bill (H.R. 5509) to direct the National lations of Federal student loan borrowers et seq.) is amended by adding at the end the Science Foundation to provide grants for re- who are at risk of default or delinquency, following: search about STEM education approaches and the STEM-related workforce, and for ‘‘(IV) reducing the net cost of improper ‘‘SEC. 494. NOTIFICATION OF REQUEST FOR TAX payments to Federal financial aid recipients, RETURN INFORMATION. other purposes. and ‘‘The Secretary shall advise students and There being no objection, the com- ‘‘(V) producing aggregate statistics for re- borrowers who submit an application for mittee was discharged, and the Senate porting, research, or consumer information Federal student financial aid under this title proceeded to consider the bill. on the performance of programs or institu- or for the discharge of a loan based on per- Mr. BOOZMAN. Mr. President, I ask tions of higher education participating in manent and total disability, as described in unanimous consent that the Thune the programs under title IV of the Higher section 437(a), or who request an income-con- substitute amendment at the desk be Education Act of 1965. tingent or income-based repayment plan on considered and agreed to and the bill, Such term does not include the conduct of their loan (as well as parents and spouses criminal investigations or prosecutions. who sign such an application or request or a as amended, be considered read a third ‘‘(iii) REDISCLOSURE TO INSTITUTIONS OF Master Promissory Note on behalf of those time. HIGHER EDUCATION, STATE HIGHER EDUCATION students and borrowers) that the Secretary The PRESIDING OFFICER. Without AGENCIES, AND DESIGNATED SCHOLARSHIP OR- has the authority to request that the Inter- objection, it is so ordered. GANIZATIONS.—The Secretary of Education, nal Revenue Service disclose their tax return The amendment (No. 4172) in the na- and officers, employees, and contractors of information (as well as that of parents and ture of a substitute was agreed to, as the Department of Education, may disclose spouses who sign such an application or re- follows: return information received under subpara- quest or a Master Promissory Note on behalf (Purpose: In the nature of a substitute) graph (B), solely for the use in the applica- of those students and borrowers) to officers, tion, award, and administration of Federal employees, and contractors of the Depart- Strike all after the enacting clause and in- student financial aid, State aid, or aid ment of Education as authorized under sec- sert the following: awarded by eligible institutions or such enti- tion 6103(1)(13) of the Internal Revenue Code SECTION 1. SHORT TITLE. ties as the Secretary of Education may des- of 1986, to the extent necessary for the Sec- This Act may be cited as the ‘‘Innovations ignate, to the following persons: retary to carry out this title.’’. in Mentoring, Training, and Apprenticeships ‘‘(I) An institution of higher education (b) CONFORMING AMENDMENT.—Section Act’’. with which the Secretary of Education has 484(q) of the Higher Education Act of 1965 (20 SEC. 2. FINDINGS. an agreement under subpart 1 of part A, or U.S.C. 1091(q)) is amended to read as follows: Congress finds the following: part D or E, of title IV of the Higher Edu- ‘‘(q) reserved’’. (1) To remain competitive in the global cation Act of 1965. SEC. 4. REPORTS ON IMPLEMENTATION. economy, foster greater innovation, and pro- ‘‘(II) A State higher education agency. (a) IN GENERAL.—Not later than each speci- vide a foundation for shared prosperity, the ‘‘(III) A scholarship organization which is fied date, the Secretary of Education and the United States needs a workforce with the designated by the Secretary of Education as Secretary of the Treasury shall issue joint right mix of skills to meet the diverse needs of the date of the enactment of the Faster reports to the Committees on Health, Edu- of the economy. Access to Federal Student Aid Act of 2018 as cation, Labor, and Pensions and Finance of (2) Evidence indicates that the returns on an organization eligible to receive the infor- the Senate and the Committees on Edu- investments in technical skills in the labor mation provided under this clause. cation and the Workforce and Ways and market are strong when students success- The preceding sentence shall only apply to Means of the House of Representatives re- fully complete their education and gain cre- the extent that the taxpayer with respect to garding the amendments made by this Act. dentials sought by employers.

VerDate Sep 11 2014 03:45 Dec 24, 2018 Jkt 089060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\RECORD18\DECEMBER\S19DE8.REC S19DE8 S7948 CONGRESSIONAL RECORD — SENATE December 19, 2018 (3) The responsibility for developing and periences to enrolled students in identified years 2019 through 2022, subject to the avail- sustaining a skilled technical workforce is STEM baccalaureate degree programs. ability of appropriations. fragmented across many groups, including ‘‘(2) PURPOSES.—Awards under this sub- ‘‘(2) LIMITATION ON FUNDING.—Amounts educators, students, workers, employers, section may be used— made available to carry out subsections (d), Federal, State, and local governments, civic ‘‘(A) to develop curricula and programs for (e), and (f) shall be derived from amounts ap- associations, and other stakeholders. Such apprenticeship, internships, research oppor- propriated or otherwise made available to groups need to be able to coordinate and co- tunities, or applied learning experiences; or the National Science Foundation.’’; and operate successfully with each other. ‘‘(B) to provide matching funds to (6) in subsection (j), as redesignated— (4) Coordination among students, commu- incentivize partnership and participation by (A) in paragraph (4), by striking ‘‘; and’’ nity colleges, secondary and post-secondary private sector employers and industry. and inserting a semicolon; institutions, and employers would improve ‘‘(3) APPLICATIONS.—In considering applica- (B) by redesignating paragraph (5) as para- educational outcomes. tions for grants under paragraph (1), the Di- graph (7); and (5) Promising experiments currently un- rector shall prioritize— (C) by inserting after paragraph (4) the fol- derway may guide innovation and reform, ‘‘(A) applicants that consist of a partner- lowing: but scalability of some of those experiments ship between— ‘‘(5) the term ‘in-demand industry sector or has not yet been tested. ‘‘(i) the applying institution of higher edu- occupation’ has the meaning given the term (6) Evidence suggests that integration of cation; and in section 3 of the Workforce Innovation and academic education, technical skills devel- ‘‘(ii) individual employers or an employer Opportunity Act (29 U.S.C. 3102); opment, and hands-on work experience im- consortia, or industry or sector partnerships; ‘‘(6) the term ‘junior or community col- proves outcomes and return on investment ‘‘(B) applications that demonstrate current lege’ has the meaning given the term in sec- for students in secondary and post-secondary and future workforce demand in occupations tion 312 of the Higher Education Act of 1965 education and for skilled technical workers directly related to the identified STEM (20 U.S.C. 1058);’’; and in different career stages. fields; (D) by adding at the end the following: (7) Outcomes show that mentoring can in- ‘‘(C) applications that include outreach ‘‘(8) the term ‘region’ means a labor mar- crease STEM student engagement and the plans and goals for recruiting and enrolling ket area, as that term is defined in section 3 rate of completion of STEM post-secondary women and other underrepresented popu- of the Workforce Innovation and Oppor- degrees. lations in STEM fields; and tunity Act (29 U.S.C. 3102); and ‘‘(D) applications that describe how the in- ‘‘(9) the terms ‘mathematics, science, engi- SEC. 3. NATIONAL SCIENCE FOUNDATION STEM neering, or technology’ or ‘STEM’ mean INNOVATION AND APPRENTICESHIP stitution of higher education will support GRANTS. the collection and information of data for science, technology, engineering, and mathematics, including computer science.’’. Section 3 of the Scientific and Advanced- purposes of the evaluation of identified Technology Act of 1992 (42 U.S.C. 1862i) is STEM degree programs. SEC. 4. RESEARCH ON EFFICIENCY OF SKILLED TECHNICAL LABOR MARKETS. amended— ‘‘(f) GRANTS FOR COMPUTER-BASED AND ON- (a) EFFICIENCY OF SKILLED TECHNICAL (1) by redesignating subsections (d) LINE STEM EDUCATION COURSES.— LABOR MARKETS.—The Director of the Na- through (g) as subsections (g) through (j), re- ‘‘(1) IN GENERAL.—The Director of the Na- tional Science Foundation, working through spectively; tional Science Foundation shall award com- the Directorate of Social, Behavioral & Eco- (2) by inserting after subsection (c) the fol- petitive grants to institutions of higher edu- nomic Sciences, in coordination with the lowing: cation or nonprofit organizations to conduct Secretary of Labor, shall support research on ‘‘(d) GRANTS FOR ASSOCIATE DEGREE PRO- research on student outcomes and determine labor market analysis innovations, data and GRAMS IN STEM FIELDS.— best practices for STEM education and tech- information sciences, electronic information ‘‘(1) IN-DEMAND WORKFORCE GRANTS.—The nical skills education through distance tools and methodologies, and metrics. Director shall award grants to junior or com- learning or in a simulated work environ- (b) SKILLED TECHNICAL WORKFORCE.— munity colleges to develop or improve asso- ment. (1) REVIEW.—The National Center for ciate degree or certificate programs in ‘‘(2) RESEARCH AREAS.—The research areas Science and Engineering Statistics of the STEM fields, with respect to the region in eligible for funding under this subsection National Science Foundation shall consult which the respective college is located, and may include— and coordinate with other relevant Federal an in-demand industry sector or occupation. ‘‘(A) post-secondary courses for technical statistical agencies, including the Institute ‘‘(2) APPLICATIONS.—In considering applica- skills development for STEM occupations; of Education Sciences of the Department of tions for grants under paragraph (1), the Di- ‘‘(B) improving high-school level career Education, and the Committee on Science, rector shall prioritize— and technical education in STEM subjects; Technology, Engineering, and Mathematics ‘‘(A) applications that consist of a partner- ‘‘(C) encouraging and sustaining interest Education of the National Science and Tech- ship between the applying junior or commu- and achievement levels in STEM subjects nology Council established under section 101 nity college and individual employers or an among women and other populations histori- of the America COMPETES Act of 2010 (Pub- employer consortia, or industry or sector cally underrepresented in STEM studies and lic Law 111–358), to explore the feasibility of partnerships, and may include a university careers; and expanding its surveys to include the collec- or other organization with demonstrated ex- ‘‘(D) combining computer-based and online tion of objective data on the skilled tech- pertise in academic program development; STEM education and skills development nical workforce. ‘‘(B) applications that demonstrate current with traditional mentoring and other men- (2) REPORT.—Not later than 1 year after and future workforce demand in occupations toring arrangements, apprenticeships, in- the date of enactment of this Act, the Direc- directly related to the proposed associate de- ternships, and other applied learning oppor- tor of the National Science Foundation shall gree or certificate program; tunities.’’; submit to Congress a report on the progress ‘‘(C) applications that include commit- (3) in subsection (a)(3)(A), by striking the made in expanding the National Center for ments by the partnering employers or em- comma and inserting a semicolon; Science and Engineering Statistics surveys ployer consortia, or industry or sector part- (4) in subsection (c)(1)(B)(iv), by striking to include the skilled technical workforce, nerships, to offer apprenticeships, intern- ‘‘subsection (f)(3)’’ and inserting ‘‘subsection including a plan for multi-agency collabora- ships, or other applied learning opportunities (i)(3)’’; tion to improve data collection and report- to students enrolled in the proposed asso- (5) in subsection (h), as redesignated— ing of data on the skilled technical work- ciate degree or certificate program; (A) in the heading, by striking ‘‘LIMITATION force. ‘‘(D) applications that include outreach ON FUNDING’’ and inserting ‘‘FUNDING’’; (3) DEFINITION OF SKILLED TECHNICAL WORK- plans and goals for recruiting and enrolling (B) by inserting ‘‘(3) LIMITATION ON FUND- FORCE.—The term ‘‘ ‘skilled technical work- women and other underrepresented popu- ING.—’’ before ‘‘To qualify’’ and indenting ap- force’ ’’ means workers with high school di- lations in STEM fields in the proposed asso- propriately; and plomas and two-year technical training or ciate degree or certificate program; and (C) by inserting before paragraph (3), as re- certifications who employ significant levels ‘‘(E) applications that describe how the ap- designated, the following: of STEM knowledge in their jobs. plying junior or community college will sup- ‘‘(1) FUNDING.—The Director shall allocate SEC. 5. EVALUATION AND REPORT. port the collection of information and data out of amounts made available for the Edu- (a) EVALUATION.— for purposes of evaluation of the proposed as- cation and Human Resources Directorate— (1) IN GENERAL.—Not later than 2 years sociate degree or certificate program. ‘‘(A) up to $5,000,000 to carry out the activi- after the date of enactment of this Act, the ‘‘(e) GRANTS FOR STEM DEGREE APPLIED ties under subsection (d) for each of fiscal Director of the National Science Foundation LEARNING OPPORTUNITIES.— years 2019 through 2022, subject to the avail- shall evaluate the grant programs estab- ‘‘(1) IN GENERAL.—The Director shall award ability of appropriations; lished under subsections (d), (e), and (f) of grants to institutions of higher education ‘‘(B) up to $2,500,000 to carry out the activi- section 3 of the Scientific and Advanced- partnering with private sector employers or ties under subsection (e) for each of fiscal Technology Act of 1992 (42 U.S.C. 1862i), as private sector employer consortia, or indus- years 2019 through 2022, subject to the avail- amended by this Act. try or sector partnerships, that commit to ability of appropriations; and (2) REQUIREMENTS.—In conducting the eval- offering apprenticeships, internships, re- ‘‘(C) up to $2,500,000 to carry out the activi- uation under paragraph (1), the Director search opportunities, or applied learning ex- ties under subsection (f) for each of fiscal shall—

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.091 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7949 (A) use a common set of benchmarks and STOP, OBSERVE, ASK, AND RE- subsection (c) with training programs, in ef- assessment tools to identify best practices SPOND TO HEALTH AND fect on the date of enactment of this section, and materials developed or demonstrated by WELLNESS ACT OF 2018 for health care and social service providers the research conducted pursuant to such for victims of intimate partner violence, sex- grants and programs under subsection (f) of Mr. BOOZMAN. Mr. President, I ask ual assault, stalking, child abuse, child ne- that section; unanimous consent that the Health, glect, child maltreatment, and child sexual (B) include an assessment of the effective- Education, Labor, and Pensions Com- exploitation. ness of the grant programs in expanding ap- mittee be discharged and the Senate ‘‘(c) GRANTS.—The Secretary may award prenticeships, internships, and other applied proceed to the immediate consider- grants to appropriate entities to train health learning opportunities offered by employers ation of H.R. 767. in conjunction with junior or community The PRESIDING OFFICER. The care and social service providers to— ‘‘(1) identify potential human trafficking colleges, or institutions of higher education, clerk will report the bill by title. as applicable; The senior assistant legislative clerk victims; ‘‘(2) implement best practices for working (C) assess the number of students who par- read as follows: ticipated in the grant programs; and with law enforcement to report and facili- A bill (H.R. 767) to establish the Stop, Ob- tate communication with human trafficking (D) assess the percentage of students par- serve, Ask, and Respond to Health and victims, in accordance with all applicable ticipating in the grant programs who suc- Wellness Training pilot program to address cessfully complete their education programs. human trafficking in the health care system. Federal, State, local, and tribal laws, includ- (b) REPORT ON EVALUATIONS.—Not later ing legal confidentiality requirements for than 180 days after the date the evaluation There being no objection, the com- patients and health care and social service under subsection (a) is complete, the Direc- mittee was discharged, and the Senate providers; tor of the National Science Foundation shall proceeded to consider the bill. ‘‘(3) implement best practices for referring submit to Congress and the Secretary of Mr. BOOZMAN. I ask unanimous con- such victims to appropriate health care, so- Education, and make widely available to the sent that the Alexander amendment at cial, or victims service agencies or organiza- public, a report on the results of the evalua- the desk be agreed to and that the bill, tions; and tion, including any recommendations for leg- as amended, be considered read a third ‘‘(4) provide such victims with coordinated, islative action that could optimize the effec- time. age-appropriate, culturally relevant, trau- tiveness of the grant programs. The PRESIDING OFFICER. Without ma-informed, patient-centered, and evi- The amendment was ordered to be objection, it is so ordered. dence-based care. engrossed and the bill to be read a The amendment (No. 4173) in the na- ‘‘(d) CONSIDERATION IN AWARDING GRANTS.— third time. ture of a substitute was agreed to, as The Secretary, in making awards under this The bill was read the third time. follows: section, shall give consideration to— Mr. BOOZMAN. Mr. President, I (Purpose: In the nature of a substitute) ‘‘(1) geography; know of no other further debate on the Strike all after the enacting clause and in- ‘‘(2) the demographics of the population to bill. sert the following: be served; The PRESIDING OFFICER. Is there SECTION 1. SHORT TITLE. ‘‘(3) the predominant types of human traf- further debate on the bill? This Act may be cited as the ‘‘Stop, Ob- ficking cases involved; and Hearing none, the bill having been serve, Ask, and Respond to Health and ‘‘(4) health care and social service provider read the third time, the question is, Wellness Act of 2018’’ or the ‘‘SOAR to profiles. Health and Wellness Act of 2018’’. Shall the bill pass? SEC. 2. PROGRAM ESTABLISHMENT. ‘‘(e) DATA COLLECTION AND REPORTING.— The bill (H.R. 5509), as amended, was Part E of title XII of the Public Health ‘‘(1) IN GENERAL.—The Secretary shall col- passed. Service Act (42 U.S.C. 300d-51 et seq.) is lect data and report on the following: Mr. BOOZMAN. Mr. President, I ask amended by adding at the end the following: ‘‘(A) The total number of entities that re- unanimous consent that the motion to ‘‘SEC. 1254. STOP, OBSERVE, ASK, AND RESPOND ceived a grant under this section. reconsider be considered made and laid TO HEALTH AND WELLNESS TRAIN- ‘‘(B) The total number and geographic dis- upon the table. ING PROGRAM. tribution of health care and social service ‘‘(a) IN GENERAL.—The Secretary shall es- providers trained through the Program. The PRESIDING OFFICER. Without tablish a program to be known as the Stop, objection, it is so ordered. ‘‘(2) INITIAL REPORT.—In addition to the Observe, Ask, and Respond to Health and data required to be collected under para- f Wellness Training Program or the SOAR to graph (1), for purposes of the initial report to Health and Wellness Training Program (in be submitted under paragraph (3), the Sec- STRENGTHENING COASTAL this section referred to as the ‘Program’) to retary shall collect data on the total number COMMUNITIES ACT OF 2018 provide training to health care and social of facilities and health care professional or- service providers on human trafficking in ac- Mr. BOOZMAN. Mr. President, I ask ganizations that were operating under, and unanimous consent that the Com- cordance with this section. ‘‘(b) ACTIVITIES.— the total number of health care and social mittee on Environment and Public ‘‘(1) IN GENERAL.—The Program shall in- service providers trained through, the Stop, Works be discharged from further conclude the Stop, Observe, Ask, and Respond to Observe, Ask, and Respond to Health and sideration of H.R. 5787 and the Senate Health and Wellness Training Program’s ac- Wellness Training Program existing prior to proceed to its immediate consider- tivities existing on the day before the date of the establishment of the Program under this ation. enactment of this section and the authorized section. The PRESIDING OFFICER. Without initiatives described in paragraph (2). ‘‘(3) ANNUAL REPORT.—Not later than 1 objection, it is so ordered. ‘‘(2) AUTHORIZED INITIATIVES.—The author- year after the date of enactment of this sec- The clerk will report the bill by title. ized initiatives of the Program shall in- tion, and annually thereafter, the Secretary The legislative clerk read as follows: clude— shall submit an annual report to Congress on the data collected under this subsection in a A bill (H.R. 5787) to amend the Coastal Bar- ‘‘(A) engaging stakeholders, including vic- manner that, at a minimum, prevents the rier Resources Act to give effect to more ac- tims of human trafficking and Federal, disclosure of individually identifiable infor- curate maps of units of the John H. Chafee State, local, and tribal partners, to develop a mation consistent with all applicable pri- Coastal Barrier Resources System that were flexible training module— vacy laws and regulations. produced by digital mapping of such units, ‘‘(i) for supporting activities under sub- and for other purposes. section (c); and ‘‘(f) SHARING BEST PRACTICES.—The Sec- ‘‘(ii) that adapts to changing needs, set- There being no objection, the com- retary shall make available, on the Internet tings, health care providers, and social serv- website of the Department of Health and mittee was discharged, and the Senate ice providers; Human Services, a description of the best proceeded to consider the bill. ‘‘(B) providing technical assistance to Mr. BOOZMAN. Mr. President, I ask grantees related to implementing activities practices and procedures used by entities unanimous consent that the bill be described in subsection (c) and reporting on that receive a grant for carrying out activi- considered read a third time and passed any best practices identified by the grantees; ties under this section. and that the motion to reconsider be ‘‘(C) developing a reliable methodology for ‘‘(g) DEFINITION.—In this section, the term considered made and laid upon the collecting data, and reporting such data, on ‘human trafficking’ has the meaning given table with no intervening action or de- the number of human trafficking victims the term ‘severe forms of trafficking in per- identified and served by grantees in a man- bate. sons’ as defined in section 103 of the Traf- ner that, at a minimum, prevents disclosure ficking Victims Protection Act of 2000. The PRESIDING OFFICER. Without of individually identifiable information con- objection, it is so ordered. sistent with all applicable privacy laws and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— The bill (H.R. 5787) was ordered to a regulations; and There is authorized to be appropriated to third reading, was read the third time, ‘‘(D) integrating, as appropriate, the train- carry out this Act, $4,000,000 for each of fiscal and passed. ing described in paragraphs (1) through (4) of years 2020 through 2024.’’.

VerDate Sep 11 2014 03:45 Dec 24, 2018 Jkt 089060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\RECORD18\DECEMBER\S19DE8.REC S19DE8 S7950 CONGRESSIONAL RECORD — SENATE December 19, 2018 The amendment was ordered to be The PRESIDING OFFICER. Without shall be deemed to be a reference to the ‘‘Trop- engrossed and the bill to be read a objection, it is so ordered. ical Forest and Coral Reef Conservation Act of third time. The bill was ordered to a third read- 1998’’. The bill was read the third time. ing and was read the third time. SEC. 3. PROTECTION OF TROPICAL FORESTS AND CORAL REEFS. Mr. BOOZMAN. I know of no further Mr. BOOZMAN. I know of no further (a) IN GENERAL.—Section 802 of the Tropical debate on the bill, as amended. debate on the bill. Forest and Coral Reef Conservation Act of 1998 The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there (22 U.S.C. 2431), as renamed by section 2(a), is further debate on the bill? further debate? amended— Hearing none, the bill having been If not, the bill having been read the (1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), read the third time, the question is, third time, the question is, Shall the and (b)(4), by striking ‘‘tropical forests’’ each Shall the bill pass? bill pass? place it appears and inserting ‘‘tropical forests The bill (H.R. 767), as amended, was The bill (H.R. 4819) was passed. and coral reef ecosystems’’; (2) in subsection (a)(2)(C), by striking ‘‘far- passed. Mr. BOOZMAN. I ask unanimous con- flung’’; Mr. BOOZMAN. I ask unanimous consent that the motion to reconsider be (3) in subsection (a)(7), by striking ‘‘tropical sent that the motion to reconsider be considered made and laid upon the forests is critical to the protection of tropical considered made and laid upon the table. forests’’ and inserting ‘‘tropical forests and table. The PRESIDING OFFICER. Without coral reef ecosystems is critical to the protection The PRESIDING OFFICER. Without objection, it is so ordered. of such areas’’; and objection, it is so ordered. (4) in subsection (b)(2)— f (A) by striking ‘‘tropical forests’’ the first f TROPICAL FOREST CONSERVATION place it appears and inserting ‘‘tropical forests SECURE TECHONOLGY ACT REAUTHORIZATION ACT OF 2017 and coral ecosystems’’; (B) by striking ‘‘tropical forests’’ the second Mr. BOOZMAN. Mr. President, I ask Mr. BOOZMAN. I ask unanimous con- place it appears and inserting ‘‘areas’’; and unanimous consent that the Senate sent that the Senate proceed to the im- (C) by striking ‘‘tropical forests’’ the third proceed to the immediate consider- mediate consideration of Calendar No. place it appears and inserting ‘‘tropical forests ation of H.R. 7327, which was received 544, S. 1023. and coral reef ecosystems’’. from the House. The PRESIDING OFFICER. The (b) AMENDMENTS RELATED TO DEFINITIONS.— The PRESIDING OFFICER. The Section 803 of such Act (22 U.S.C. 2431a) is clerk will report the bill by title. amended— clerk will report the bill by title. The senior assistant legislative clerk (1) in paragraph (5)— The senior assistant legislative clerk read as follows: (A) in the heading, by striking ‘‘TROPICAL read as follows: A bill (S. 1023) to reauthorize the Tropical FOREST’’ and inserting ‘‘TROPICAL FOREST OR A bill (H.R. 7327) to require the Secretary Forest Conservation Act of 1998 through fis- CORAL REEF’’; of Homeland Security to establish a security cal year 2021, and for other purposes. (B) in the matter preceding subparagraph (A), vulnerability disclosure policy, to establish The PRESIDING OFFICER. There by striking ‘‘tropical forest’’ and inserting ‘‘tropical forest or coral reef’’; and a bug bounty program for the Department of being no objection, the Senate pro- Homeland Security, to amend title 41, (C) in subparagraph (B)— United States Code, to provide for Federal ceeded to consider the bill, which had (i) by striking ‘‘tropical forest’’ and inserting acquisition supply chain security, and for been reported from the Committee on ‘‘tropical forest or coral reef’’; and other purposes. Foreign Relations, with an amendment (ii) by striking ‘‘tropical forests’’ and inserting ‘‘tropical forests or coral reefs’’; and There being no objection, the Senate to strike all after the enacting clause and insert in lieu thereof the following: (2) by adding at the end the following new proceeded to consider the bill. paragraphs: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Mr. BOOZMAN. I ask unanimous con- ‘‘(10) CORAL.—The term ‘coral’ means species sent that the bill be considered read a (a) SHORT TITLE.—This Act may be cited as of the phylum Cnidaria, including— the ‘‘Tropical Forest Conservation Reauthoriza- third time and passed and that the mo- ‘‘(A) all species of the orders Antipatharia tion Act of 2018’’. (black corals), Scleractinia (stony corals), tion to reconsider be considered made (b) TABLE OF CONTENTS.—The table of con- and laid upon the table. Alcyonacea (soft corals), Gorgonacea (horny tents for this Act is as follows: corals), Stolonifera (organpipe corals and oth- The PRESIDING OFFICER. Without Sec. 1. Short title; table of contents. ers), and Coenothecalia (blue coral), of the class objection, it is so ordered. Sec. 2. Amendment to short title of Act to en- Anthoza; and The bill (H.R. 7327) was ordered to a compass modified scope. ‘‘(B) all species of the order Hydrocorallina third reading, was read the third time, Sec. 3. Protection of tropical forests and coral (fire corals and hydrocorals) of the class and passed. reefs. Hydrozoa. Sec. 4. Change to name of facility. ‘‘(11) CORAL REEF.—The term ‘coral reef’ f Sec. 5. Eligibility for benefits. means any reef or shoal composed primarily of DEFENDING ECONOMIC LIVELI- Sec. 6. Reduction of debt owed to the United coral. HOODS AND THREATENED ANI- States as a result of credits ex- ‘‘(12) CORAL REEF ECOSYSTEM.—The term MALS ACT tended under title I of Food for ‘coral reef ecosystem’ means any coral reef and Peace Act. any coastal marine ecosystem surrounding, or Mr. BOOZMAN. Mr. President, I ask Sec. 7. United States Government representa- directly related to, a coral reef and important to unanimous consent that the Senate tion on oversight bodies for grants maintaining the ecological integrity of that proceed to the immediate consider- from debt-for-nature swaps and coral reef, such as seagrasses, mangroves, sandy ation of Calendar No. 704, H.R. 4819. debt buybacks. seabed communities, and immediately adjacent The PRESIDING OFFICER. The Sec. 8. Conservation agreements. coastal areas.’’. clerk will report the bill by title. Sec. 9. Conservation Fund. SEC. 4. CHANGE TO NAME OF FACILITY. Sec. 10. Changes to due dates of annual reports (a) IN GENERAL.—Section 804 of the Tropical The senior assistant legislative clerk to Congress. read as follows: Forest and Coral Reef Conservation Act of 1998 Sec. 11. New authorization of appropriations (22 U.S.C. 2431b), as renamed by section 2(a), is A bill (H.R. 4819) to promote inclusive eco- for the reduction of debt and au- amended by striking ‘‘Tropical Forest Facility’’ nomic growth through conservation and bio- thorization for audit, evaluation, and inserting ‘‘Conservation Facility’’. diversity programs that facilitate trans- monitoring, and administration (b) CONFORMING AMENDMENTS TO DEFINI- boundary cooperation, improve natural re- expenses. TIONS.—Section 803(8) of such Act (22 U.S.C. source management, and build local capacity SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO 2431a(8)) is amended— to protect and preserve threatened wildlife ENCOMPASS MODIFIED SCOPE. (1) in the heading, by striking ‘‘TROPICAL species in the greater Okavango River Basin (a) IN GENERAL.—Section 801 of the Tropical FOREST FACILITY’’ and inserting ‘‘CONSERVATION of southern Africa. Forest Conservation Act of 1998 (part V of Pub- FACILITY’’; and There being no objection, the Senate lic Law 87–195; 22 U.S.C. 2151 note) is amended (2) by striking ‘‘Tropical Forest Facility’’ both proceeded to consider the bill, which by striking ‘‘Tropical Forest Conservation Act of places it appears and inserting ‘‘Conservation had been reported from the Committee 1998’’ and inserting ‘‘Tropical Forest and Coral Facility’’. Reef Conservation Act of 1998’’. (c) REFERENCES.—Any reference in any other on Foreign Relations. (b) REFERENCES.—Any reference in any other provision of law, regulation, document, paper, Mr. BOOZMAN. I ask unanimous con- provision of law, regulation, document, paper, or other record of the United States to the sent that the bill be considered read a or other record of the United States to the ‘‘Tropical Forest Facility’’ shall be deemed to be third time. ‘‘Tropical Forest Conservation Act of 1998’’ a reference to the ‘‘Conservation Facility’’.

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SEC. 5. ELIGIBILITY FOR BENEFITS. and inserting ‘‘AUTHORITY.—The Secretary’’; (1) in subsection (a)— Section 805(a) of the Tropical Forest and and (A) by striking ‘‘(a) IN GENERAL.—Not later Coral Reef Conservation Act of 1998 (22 U.S.C. (B) by striking ‘‘Tropical Forest Agreement’’ than December 31’’ and inserting ‘‘Not later 2431c(a)), as renamed by section 2(a), is amend- and inserting ‘‘Conservation Agreement’’. than April 15’’; and ed— (b) ELIMINATION OF REQUIREMENT TO CON- (B) by striking ‘‘fiscal year’’ both places it ap- (1) by striking ‘‘tropical forest’’ and inserting SULT WITH THE ENTERPRISE FOR THE AMERICAS pears and inserting ‘‘calendar year’’; and ‘‘tropical forest or coral reef’’; BOARD.—Such subsection is further amended by (2) by striking subsection (b). (2) by redesignating paragraph (2) as para- striking paragraph (2). SEC. 11. NEW AUTHORIZATION OF APPROPRIA- graph (7); and (c) ROLE OF BENEFICIARY COUNTRIES.—Such TIONS FOR THE REDUCTION OF (3) by striking paragraph (1) and inserting the section is further amended— DEBT AND AUTHORIZATION FOR following new paragraphs: (1) in subsection (e)(1)(C), by striking ‘‘in ex- AUDIT, EVALUATION, MONITORING, ‘‘(1) whose government is democratically elect- ceptional circumstances, the government of the AND ADMINISTRATION EXPENSES. ed; beneficiary country’’ and inserting ‘‘in limited Section 806 of the Tropical Forest and Coral ‘‘(2) whose government has not repeatedly circumstances, the government of the bene- Reef Conservation Act of 1998 (22 U.S.C. 2431d), provided support for acts of international ter- ficiary country when needed to improve govern- as renamed by section 2(a), is amended— rorism; ance and enhance management of tropical for- (1) in subsection (d), by adding at the end the ‘‘(3) whose government is not failing to co- ests or coral reef ecosystems, without replacing following new paragraphs: operate on international narcotics control mat- existing levels of financial efforts by the govern- ‘‘(7) $20,000,000 for fiscal year 2019. ters; ment of the beneficiary country and with pri- ‘‘(8) $20,000,000 for fiscal year 2020. ‘‘(4) whose government (including its military ority given to projects that complement grants ‘‘(9) $20,000,000 for fiscal year 2021. or other security forces) does not engage in a made under subparagraphs (A) and (B)’’; and ‘‘(10) $20,000,000 for fiscal year 2022.’’; and consistent pattern of gross violations of inter- (2) by amending subsection (f) to read as fol- (2) by amending subsection (e) to read as fol- nationally recognized human rights; lows: ‘‘(5) that has in effect, has received approval lows: ‘‘(f) REVIEW OF LARGER GRANTS.—Any grant ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM for, or is making significant progress toward— AUDITS, EVALUATIONS, MONITORING, AND AD- ‘‘(A) an International Monetary Fund stand- of more than $250,000 from a Fund must be approved by the Government of the United States MINISTRATION.—Of the amounts made available by arrangement, extended Fund arrangement, to carry out this part for a fiscal year, $300,000 or an arrangement under the structural adjust- and the government of the beneficiary country.’’. is authorized to be made available to carry out ment facility or enhanced structural adjustment audits, evaluations, monitoring, and adminis- facility, or a Fund monitored program, or is im- (d) TECHNICAL AND CONFORMING AMEND- MENTS.—Such section is further amended— tration of programs under this part, including plementing sound macroeconomic policies, un- personnel costs associated with such audits, less the President determines that such an ar- (1) in subsection (c)(2)(A)(i), by inserting ‘‘to serve in an official capacity’’ after ‘‘Govern- evaluations, monitoring and administration.’’. rangement or program could reasonably be ex- Mr. BOOZMAN. I ask unanimous con- pected to have significant adverse social or envi- ment’’; and ronmental effect; and (2) in subsection (d)— sent that the Portman amendment at ‘‘(B) as appropriate, structural or sectoral ad- (A) in the matter preceding paragraph (1), by the desk be agreed to, the committee- justment loans from the International Bank for striking ‘‘tropical forests’’ and inserting ‘‘trop- reported amendment, as amended, be Reconstruction and Development or the Inter- ical forests and coral reef ecosystems’’; agreed to, and the bill, as amended, be national Development Association, unless the (B) in paragraph (5), by striking ‘‘tropical for- considered read a third time. est’’; and President determines that the resulting adjust- The PRESIDING OFFICER. Without ment requirements could reasonably be expected (C) in paragraph (6), by striking ‘‘living in or near a tropical forest in a manner consistent objection, it is so ordered. to have significant adverse social or environ- The amendment (No. 4174) was agreed mental effects; with protecting such tropical forest’’ and insert- ‘‘(6) if appropriate, has agreed with its coming ‘‘dependent on a tropical forest or coral reef to, as follows: mercial bank lenders on a satisfactory financing ecosystem and related resources in a manner On page 25, strike line 19 and all that fol- program, including, as appropriate, debt or debt consistent with conserving such resources’’. lows through the period on line 20. service reduction; and’’. (e) CONFORMING AMENDMENTS TO DEFINI- The committee-reported amendment SEC. 6. REDUCTION OF DEBT OWED TO THE TIONS.—Section 803(7) of such Act (22 U.S.C. in the nature of a substitute, as amend- UNITED STATES AS A RESULT OF 2431a(7)) is amended— ed, was agreed to. CREDITS EXTENDED UNDER TITLE I (1) in the heading, by striking ‘‘TROPICAL The bill was ordered to be engrossed OF FOOD FOR PEACE ACT. FOREST AGREEMENT’’ and inserting ‘‘CONSERVA- for a third reading and was read the Section 807(a)(1) of the Tropical Forest and TION AGREEMENT’’; and Coral Reef Conservation Act of 1998 (22 U.S.C. (2) by striking ‘‘Tropical Forest Agreement’’ third time. 2431e(a)(1)), as renamed by section 2(a), is both places it appears and inserting ‘‘Conserva- Mr. BOOZMAN. I know of no further amended by striking ‘‘outstanding as of Janu- tion Agreement’’. debate on the bill, as amended. ary 1, 1998,’’ and inserting ‘‘outstanding as of SEC. 9. CONSERVATION FUND. The PRESIDING OFFICER. The bill the date of the enactment of the Tropical Forest (a) IN GENERAL.—Section 810 of the Tropical having been read the third time, the Conservation Reauthorization Act of 2018’’. Forest and Coral Reef Conservation Act of 1998 question is, Shall the bill pass? SEC. 7. UNITED STATES GOVERNMENT REP- (22 U.S.C. 2431h), as renamed by section 2(a), is The bill (S. 1023), as amended, was RESENTATION ON OVERSIGHT BOD- amended— IES FOR GRANTS FROM DEBT-FOR- passed, as follows: (1) in the section heading, by striking ‘‘TROP- NATURE SWAPS AND DEBT S. 1023 ICAL FOREST FUND’’ and inserting ‘‘CONSERVA- BUYBACKS. Be it enacted by the Senate and House of Rep- Section 808(a)(5) of the Tropical Forest and TION FUND’’; and (2) in subsection (a)— resentatives of the United States of America in Coral Reef Conservation Act of 1998 (22 U.S.C. Congress assembled, 2431f(a)(5)), as renamed by section 2(a), is (A) by striking ‘‘Tropical Forest Agreement’’ amended by adding at the end the following and inserting ‘‘Conservation Agreement’’; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. new subparagraph: (B) by striking ‘‘Tropical Forest Fund’’ and (a) SHORT TITLE.—This Act may be cited as ‘‘(C) UNITED STATES GOVERNMENT REPRESEN- inserting ‘‘Conservation Fund’’. the ‘‘Tropical Forest Conservation Reauthor- TATION ON THE ADMINISTERING BODY.—One or (b) CONFORMING AMENDMENTS TO DEFINI- ization Act of 2018’’. more individuals appointed by the United States TIONS.—Such Act is further amended— (b) TABLE OF CONTENTS.—The table of con- Government shall serve in an official capacity (1) in section 803(9) (22 U.S.C. 2431a(9))— tents for this Act is as follows: on the administering body that oversees the im- (A) in the heading, by striking ‘‘TROPICAL Sec. 1. Short title; table of contents. plementation of grants arising from a debt-for- FOREST FUND’’ and inserting ‘‘CONSERVATION Sec. 2. Amendment to short title of Act to nature swap or debt buyback regardless of FUND’’; and encompass modified scope. whether the United States is a party to any (B) by striking ‘‘Tropical Forest Fund’’ both Sec. 3. Protection of tropical forests and agreement between the eligible purchaser and places it appears and inserting ‘‘Conservation coral reefs. the government of the beneficiary country.’’. Fund’’; Sec. 4. Change to name of facility. SEC. 8. CONSERVATION AGREEMENTS. (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), Sec. 5. Eligibility for benefits. (a) RENAMING OF AGREEMENTS.—Section 809 of by striking ‘‘Tropical Forest Fund’’ and insert- Sec. 6. Reduction of debt owed to the United the Tropical Forest and Coral Reef Conservation ing ‘‘Conservation Fund’’; and States as a result of credits ex- Act of 1998 (22 U.S.C. 2431g), as renamed by sec- (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), tended under title I of Food for tion 2(a), is amended— by striking ‘‘Tropical Forest Fund’’ and insert- Peace Act. (1) in the section heading, by striking ‘‘TROP- ing ‘‘Conservation Fund’’. Sec. 7. United States Government represen- ICAL FOREST AGREEMENT’’ and inserting ‘‘CON- SEC. 10. CHANGES TO DUE DATES OF ANNUAL RE- tation on oversight bodies for SERVATION AGREEMENT’’; and PORTS TO CONGRESS. grants from debt-for-nature (2) in subsection (a)— Section 813 of the Tropical Forest and Coral swaps and debt buybacks. (A) by striking ‘‘AUTHORITY’’ and all that fol- Reef Conservation Act of 1998 (22 U.S.C. 2431k), Sec. 8. Conservation agreements. lows through ‘‘(1) IN GENERAL.—The Secretary’’ as renamed by section 2(a), is amended— Sec. 9. Conservation Fund.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0655 E:\CR\FM\A19DE6.094 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7952 CONGRESSIONAL RECORD — SENATE December 19, 2018 Sec. 10. Changes to due dates of annual re- seagrasses, mangroves, sandy seabed commu- SEC. 7. UNITED STATES GOVERNMENT REP- ports to Congress. nities, and immediately adjacent coastal RESENTATION ON OVERSIGHT BOD- Sec. 11. New authorization of appropriations areas.’’. IES FOR GRANTS FROM DEBT-FOR- NATURE SWAPS AND DEBT for the reduction of debt and SEC. 4. CHANGE TO NAME OF FACILITY. BUYBACKS. authorization for audit, evalua- (a) IN GENERAL.—Section 804 of the Trop- Section 808(a)(5) of the Tropical Forest and tion, monitoring, and adminis- ical Forest and Coral Reef Conservation Act Coral Reef Conservation Act of 1998 (22 tration expenses. of 1998 (22 U.S.C. 2431b), as renamed by sec- U.S.C. 2431f(a)(5)), as renamed by section SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO tion 2(a), is amended by striking ‘‘Tropical 2(a), is amended by adding at the end the fol- ENCOMPASS MODIFIED SCOPE. Forest Facility’’ and inserting ‘‘Conserva- lowing new subparagraph: (a) IN GENERAL.—Section 801 of the Trop- tion Facility’’. ‘‘(C) UNITED STATES GOVERNMENT REP- ical Forest Conservation Act of 1998 (part V (b) CONFORMING AMENDMENTS TO DEFINI- RESENTATION ON THE ADMINISTERING BODY.— of Public Law 87–195; 22 U.S.C. 2151 note) is TIONS.—Section 803(8) of such Act (22 U.S.C. One or more individuals appointed by the amended by striking ‘‘Tropical Forest Con- 2431a(8)) is amended— United States Government shall serve in an servation Act of 1998’’ and inserting ‘‘Trop- (1) in the heading, by striking ‘‘TROPICAL official capacity on the administering body ical Forest and Coral Reef Conservation Act FOREST FACILITY’’ and inserting ‘‘CONSERVA- that oversees the implementation of grants of 1998’’. TION FACILITY’’; and arising from a debt-for-nature swap or debt (b) REFERENCES.—Any reference in any (2) by striking ‘‘Tropical Forest Facility’’ buyback regardless of whether the United other provision of law, regulation, document, both places it appears and inserting ‘‘Con- States is a party to any agreement between paper, or other record of the United States servation Facility’’. the eligible purchaser and the government of to the ‘‘Tropical Forest Conservation Act of (c) REFERENCES.—Any reference in any the beneficiary country.’’. 1998’’ shall be deemed to be a reference to the other provision of law, regulation, document, SEC. 8. CONSERVATION AGREEMENTS. ‘‘Tropical Forest and Coral Reef Conserva- paper, or other record of the United States (a) RENAMING OF AGREEMENTS.—Section 809 tion Act of 1998’’. to the ‘‘Tropical Forest Facility’’ shall be of the Tropical Forest and Coral Reef Con- SEC. 3. PROTECTION OF TROPICAL FORESTS AND deemed to be a reference to the ‘‘Conserva- servation Act of 1998 (22 U.S.C. 2431g), as re- CORAL REEFS. tion Facility’’. named by section 2(a), is amended— (a) IN GENERAL.—Section 802 of the Trop- SEC. 5. ELIGIBILITY FOR BENEFITS. (1) in the section heading, by striking ical Forest and Coral Reef Conservation Act Section 805(a) of the Tropical Forest and ‘‘TROPICAL FOREST AGREEMENT’’ and inserting of 1998 (22 U.S.C. 2431), as renamed by section Coral Reef Conservation Act of 1998 (22 ‘‘CONSERVATION AGREEMENT’’; and 2(a), is amended— U.S.C. 2431c(a)), as renamed by section 2(a), (2) in subsection (a)— (1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), is amended— (A) by striking ‘‘AUTHORITY’’ and all that and (b)(4), by striking ‘‘tropical forests’’ each (1) by striking ‘‘tropical forest’’ and insert- follows through ‘‘(1) IN GENERAL.—The Sec- place it appears and inserting ‘‘tropical for- ing ‘‘tropical forest or coral reef’’; retary’’ and inserting ‘‘AUTHORITY.—The ests and coral reef ecosystems’’; (2) by redesignating paragraph (2) as para- Secretary’’; and (2) in subsection (a)(2)(C), by striking ‘‘far- graph (7); and (B) by striking ‘‘Tropical Forest Agree- flung’’; (3) by striking paragraph (1) and inserting ment’’ and inserting ‘‘Conservation Agree- (3) in subsection (a)(7), by striking ‘‘trop- the following new paragraphs: ment’’. (b) ELIMINATION OF REQUIREMENT TO CON- ical forests is critical to the protection of ‘‘(1) whose government is democratically SULT WITH THE ENTERPRISE FOR THE AMER- tropical forests’’ and inserting ‘‘tropical for- elected; ICAS BOARD.—Such subsection is further ests and coral reef ecosystems is critical to ‘‘(2) whose government has not repeatedly the protection of such areas’’; and amended by striking paragraph (2). provided support for acts of international (c) ROLE OF BENEFICIARY COUNTRIES.—Such (4) in subsection (b)(2)— terrorism; section is further amended— (A) by striking ‘‘tropical forests’’ the first ‘‘(3) whose government is not failing to co- (1) in subsection (e)(1)(C), by striking ‘‘in place it appears and inserting ‘‘tropical for- operate on international narcotics control exceptional circumstances, the government ests and coral ecosystems’’; matters; of the beneficiary country’’ and inserting ‘‘in (B) by striking ‘‘tropical forests’’ the sec- ‘‘(4) whose government (including its mili- limited circumstances, the government of ond place it appears and inserting ‘‘areas’’; tary or other security forces) does not en- the beneficiary country when needed to im- and gage in a consistent pattern of gross viola- prove governance and enhance management (C) by striking ‘‘tropical forests’’ the third tions of internationally recognized human of tropical forests or coral reef ecosystems, place it appears and inserting ‘‘tropical for- rights; without replacing existing levels of financial ests and coral reef ecosystems’’. ‘‘(5) that has in effect, has received ap- efforts by the government of the beneficiary (b) AMENDMENTS RELATED TO DEFINI- proval for, or is making significant progress country and with priority given to projects TIONS.—Section 803 of such Act (22 U.S.C. toward— that complement grants made under sub- 2431a) is amended— ‘‘(A) an International Monetary Fund paragraphs (A) and (B)’’; and (1) in paragraph (5)— standby arrangement, extended Fund ar- (2) by amending subsection (f) to read as (A) in the heading, by striking ‘‘TROPICAL rangement, or an arrangement under the follows: FOREST’’ and inserting ‘‘TROPICAL FOREST OR structural adjustment facility or enhanced ‘‘(f) REVIEW OF LARGER GRANTS.—Any CORAL REEF’’; structural adjustment facility, or a Fund grant of more than $250,000 from a Fund (B) in the matter preceding subparagraph monitored program, or is implementing must be approved by the Government of the (A), by striking ‘‘tropical forest’’ and insert- sound macroeconomic policies, unless the United States and the government of the ing ‘‘tropical forest or coral reef’’; and President determines that such an arrange- beneficiary country.’’. (C) in subparagraph (B)— ment or program could reasonably be ex- (d) TECHNICAL AND CONFORMING AMEND- (i) by striking ‘‘tropical forest’’ and insert- pected to have significant adverse social or MENTS.—Such section is further amended— ing ‘‘tropical forest or coral reef’’; and environmental effect; and (1) in subsection (c)(2)(A)(i), by inserting (ii) by striking ‘‘tropical forests’’ and in- ‘‘(B) as appropriate, structural or sectoral ‘‘to serve in an official capacity’’ after ‘‘Gov- serting ‘‘tropical forests or coral reefs’’; and adjustment loans from the International ernment’’; and (2) by adding at the end the following new Bank for Reconstruction and Development (2) in subsection (d)— paragraphs: or the International Development Associa- (A) in the matter preceding paragraph (1), ‘‘(10) CORAL.—The term ‘coral’ means spe- tion, unless the President determines that by striking ‘‘tropical forests’’ and inserting cies of the phylum Cnidaria, including— the resulting adjustment requirements could ‘‘tropical forests and coral reef ecosystems’’; ‘‘(A) all species of the orders Antipatharia reasonably be expected to have significant (B) in paragraph (5), by striking ‘‘tropical (black corals), Scleractinia (stony corals), adverse social or environmental effects; forest’’; and Alcyonacea (soft corals), Gorgonacea (horny ‘‘(6) if appropriate, has agreed with its (C) in paragraph (6), by striking ‘‘living in corals), Stolonifera (organpipe corals and commercial bank lenders on a satisfactory or near a tropical forest in a manner con- others), and Coenothecalia (blue coral), of financing program, including, as appro- sistent with protecting such tropical forest’’ the class Anthoza; and priate, debt or debt service reduction; and’’. and inserting ‘‘dependent on a tropical forest ‘‘(B) all species of the order Hydrocorallina SEC. 6. REDUCTION OF DEBT OWED TO THE or coral reef ecosystem and related resources (fire corals and hydrocorals) of the class UNITED STATES AS A RESULT OF in a manner consistent with conserving such Hydrozoa. CREDITS EXTENDED UNDER TITLE I resources’’. ‘‘(11) CORAL REEF.—The term ‘coral reef’ OF FOOD FOR PEACE ACT. (e) CONFORMING AMENDMENTS TO DEFINI- means any reef or shoal composed primarily Section 807(a)(1) of the Tropical Forest and TIONS.—Section 803(7) of such Act (22 U.S.C. of coral. Coral Reef Conservation Act of 1998 (22 2431a(7)) is amended— ‘‘(12) CORAL REEF ECOSYSTEM.—The term U.S.C. 2431e(a)(1)), as renamed by section (1) in the heading, by striking ‘‘TROPICAL ‘coral reef ecosystem’ means any coral reef 2(a), is amended by striking ‘‘outstanding as FOREST AGREEMENT’’ and inserting ‘‘CON- and any coastal marine ecosystem sur- of January 1, 1998,’’ and inserting ‘‘out- SERVATION AGREEMENT’’; and rounding, or directly related to, a coral reef standing as of the date of the enactment of (2) by striking ‘‘Tropical Forest Agree- and important to maintaining the ecological the Tropical Forest Conservation Reauthor- ment’’ both places it appears and inserting integrity of that coral reef, such as ization Act of 2018’’. ‘‘Conservation Agreement’’.

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.095 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 19, 2018 CONGRESSIONAL RECORD — SENATE S7953 SEC. 9. CONSERVATION FUND. A bill (S. 79) to provide for the establish- SEC. 4. WORKING GROUP TO EVALUATE PROGRAM (a) IN GENERAL.—Section 810 of the Trop- ment of a pilot program to identify security STANDARDS AND DEVELOP STRAT- ical Forest and Coral Reef Conservation Act vulnerabilities of certain entities in the en- EGY. of 1998 (22 U.S.C. 2431h), as renamed by sec- ergy sector. (a) ESTABLISHMENT.—The Secretary shall establish a working group— tion 2(a), is amended— There being no objection, the Senate (1) in the section heading, by striking (1) to evaluate the technology and standards proceeded to consider the bill, which used in the Program under section 3(2); and ‘‘TROPICAL FOREST FUND’’ and inserting ‘‘CON- (2) to develop a national cyber-informed engi- SERVATION FUND’’; and had been reported from the Committee (2) in subsection (a)— on Energy and Natural Resources, with neering strategy to isolate and defend covered (A) by striking ‘‘Tropical Forest Agree- an amendment to strike all after the entities from security vulnerabilities and ex- ment’’ and inserting ‘‘Conservation Agree- enacting clause and insert in lieu ploits in the most critical systems of the covered entities. ment’’; and thereof the following: (B) by striking ‘‘Tropical Forest Fund’’ (b) MEMBERSHIP.—The working group estab- SECTION 1. SHORT TITLE. and inserting ‘‘Conservation Fund’’. lished under subsection (a) shall be composed of This Act may be cited as the ‘‘Securing En- not fewer than 10 members, to be appointed by (b) CONFORMING AMENDMENTS TO DEFINI- ergy Infrastructure Act’’. the Secretary, at least 1 member of which shall TIONS.—Such Act is further amended— (1) in section 803(9) (22 U.S.C. 2431a(9))— SEC. 2. DEFINITIONS. represent each of the following: (1) The Department of Energy. (A) in the heading, by striking ‘‘TROPICAL In this Act: (2) The energy industry, including electric FOREST FUND’’ and inserting ‘‘CONSERVATION (1) APPROPRIATE COMMITTEE OF CONGRESS.— utilities and manufacturers recommended by the FUND’’; and The term ‘‘appropriate committee of Congress’’ Energy Sector coordinating councils. (B) by striking ‘‘Tropical Forest Fund’’ means— (3)(A) The Department of Homeland Security; both places it appears and inserting ‘‘Con- (A) the Select Committee on Intelligence, the or servation Fund’’; Committee on Homeland Security and Govern- (B) the Industrial Control Systems Cyber (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), mental Affairs, and the Committee on Energy Emergency Response Team. by striking ‘‘Tropical Forest Fund’’ and in- and Natural Resources of the Senate; and (4) The North American Electric Reliability serting ‘‘Conservation Fund’’; and (B) the Permanent Select Committee on Intel- Corporation. (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), ligence, the Committee on Homeland Security, (5) The Nuclear Regulatory Commission. by striking ‘‘Tropical Forest Fund’’ and in- and the Committee on Energy and Commerce of (6)(A) The Office of the Director of National serting ‘‘Conservation Fund’’. the House of Representatives. Intelligence; or SEC. 10. CHANGES TO DUE DATES OF ANNUAL RE- (2) COVERED ENTITY.—The term ‘‘covered enti- (B) the intelligence community (as defined in PORTS TO CONGRESS. ty’’ means an entity identified pursuant to sec- section 3 of the National Security Act of 1947 (50 Section 813 of the Tropical Forest and tion 9(a) of Executive Order 13636 of February U.S.C. 3003)). Coral Reef Conservation Act of 1998 (22 12, 2013 (78 Fed. Reg. 11742), relating to identi- (7)(A) The Department of Defense; or U.S.C. 2431k), as renamed by section 2(a), is fication of critical infrastructure where a cyber- (B) the Assistant Secretary of Defense for amended— security incident could reasonably result in cat- Homeland Security and America’s Security Af- (1) in subsection (a)— astrophic regional or national effects on public fairs. (A) by striking ‘‘(a) IN GENERAL.—Not later health or safety, economic security, or national (8) A State or regional energy agency. than December 31’’ and inserting ‘‘Not later security. (9) A national research body or academic in- than April 15’’; and (3) EXPLOIT.—The term ‘‘exploit’’ means a stitution. (B) by striking ‘‘fiscal year’’ both places it software tool designed to take advantage of a (10) The National Laboratories. appears and inserting ‘‘calendar year’’; and security vulnerability. SEC. 5. REPORTS ON THE PROGRAM. (2) by striking subsection (b). (4) INDUSTRIAL CONTROL SYSTEM.— (a) INTERIM REPORT.—Not later than 180 days SEC. 11. NEW AUTHORIZATION OF APPROPRIA- (A) IN GENERAL.—The term ‘‘industrial control after the date on which funds are first disbursed TIONS FOR THE REDUCTION OF system’’ means an operational technology used under the Program, the Secretary shall submit DEBT AND AUTHORIZATION FOR to measure, control, or manage industrial func- to the appropriate committees of Congress an in- AUDIT, EVALUATION, MONITORING, tions. terim report that— AND ADMINISTRATION EXPENSES. (B) INCLUSIONS.—The term ‘‘industrial control (1) describes the results of the Program; Section 806 of the Tropical Forest and (2) includes an analysis of the feasibility of Coral Reef Conservation Act of 1998 (22 system’’ includes supervisory control and data acquisition systems, distributed control systems, each method studied under the Program; and U.S.C. 2431d), as renamed by section 2(a), is (3) describes the results of the evaluations amended— and programmable logic or embedded controllers. conducted by the working group established (1) in subsection (d), by adding at the end under section 4(a). the following new paragraphs: (5) NATIONAL LABORATORY.—The term ‘‘Na- tional Laboratory’’ has the meaning given the (b) FINAL REPORT.—Not later than 2 years ‘‘(7) $20,000,000 for fiscal year 2019. after the date on which funds are first disbursed ‘‘(8) $20,000,000 for fiscal year 2020.’’; and term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). under the Program, the Secretary shall submit (2) by amending subsection (e) to read as to the appropriate committees of Congress a follows: (6) PROGRAM.—The term ‘‘Program’’ means the pilot program established under section 3. final report that— ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM (1) describes the results of the Program; (7) SECRETARY.—The term ‘‘Secretary’’ means AUDITS, EVALUATIONS, MONITORING, AND AD- (2) includes an analysis of the feasibility of the Secretary of Energy. MINISTRATION.—Of the amounts made avail- each method studied under the Program; and able to carry out this part for a fiscal year, (8) SECURITY VULNERABILITY.—The term ‘‘se- (3) describes the results of the evaluations $300,000 is authorized to be made available to curity vulnerability’’ means any attribute of conducted by the working group established carry out audits, evaluations, monitoring, hardware, software, process, or procedure that under section 4(a). could enable or facilitate the defeat of a security and administration of programs under this SEC. 6. EXEMPTION FROM DISCLOSURE. control. part, including personnel costs associated Information shared by or with the Federal with such audits, evaluations, monitoring SEC. 3. PILOT PROGRAM FOR SECURING ENERGY Government or a State, Tribal, or local govern- and administration.’’. INFRASTRUCTURE. ment under this Act shall be— Mr. BOOZMAN. I ask unanimous con- Not later than 180 days after the date of en- (1) deemed to be voluntarily shared informa- sent that the motion to reconsider be actment of this Act, the Secretary shall establish tion; considered made and laid upon the a 2-year control systems implementation pilot (2) exempt from disclosure under section 552 of table. program within the National Laboratories for title 5, United States Code, or any provision of the purposes of— The PRESIDING OFFICER. Without any State, Tribal, or local freedom of informa- (1) partnering with covered entities in the en- objection, it is so ordered. tion law, open government law, open meetings ergy sector (including critical component manu- law, open records law, sunshine law, or similar f facturers in the supply chain) that voluntarily law requiring the disclosure of information or participate in the Program to identify new class- records; and SECURING ENERGY es of security vulnerabilities of the covered enti- (3) withheld from the public, without discre- INFRASTRUCTURE ACT ties; and tion, under section 552(b)(3) of title 5, United Mr. BOOZMAN. I ask unanimous con- (2) evaluating technology and standards, in States Code, or any provision of a State, Tribal, sent that the Senate proceed to the im- partnership with covered entities, to isolate and or local law requiring the disclosure of informa- defend industrial control systems of covered en- tion or records. mediate consideration of Calendar No. tities from security vulnerabilities and exploits 410, S. 79. SEC. 7. PROTECTION FROM LIABILITY. in the most critical systems of the covered enti- (a) IN GENERAL.—A cause of action against a The PRESIDING OFFICER. The ties, including— covered entity for engaging in the voluntary ac- clerk will report the bill by title. (A) analog and nondigital control systems; tivities authorized under section 3— The senior assistant legislative clerk (B) purpose-built control systems; and (1) shall not lie or be maintained in any court; read as follows: (C) physical controls. and

VerDate Sep 11 2014 09:02 Dec 20, 2018 Jkt 089060 PO 00000 Frm 00131 Fmt 4624 Sfmt 6333 E:\CR\FM\A19DE6.095 S19DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7954 CONGRESSIONAL RECORD — SENATE December 19, 2018 (2) shall be promptly dismissed by the applica- KEVIN E. GARCIA ate completes its business today, it ad- CHRISTJAN C. GAUDIO ble court. journ until 11:30 a.m., Thursday, De- SARAH J. GEOFFRION (b) VOLUNTARY ACTIVITIES.—Nothing in this cember 20; further, that following the JAMES A. GIBSON, JR. Act subjects any covered entity to liability for MICHAEL R. GILLHAM prayer and pledge, the morning hour be GERROD C. GLAUNER not engaging in the voluntary activities author- MATTHEW E. GRAY ized under section 3. deemed expired, the Journal of pro- MYLES J. GREENWAY SEC. 8. NO NEW REGULATORY AUTHORITY FOR ceedings be approved to date, and the NAVIN L. GRIFFIN MICHAEL C. GRIS II FEDERAL AGENCIES. time for the two leaders be reserved for JASON D. HAGEN Nothing in this Act authorizes the Secretary their use later in the day; finally, that IAN A. HALL or the head of any other department or agency ANDERS J. HAMMERSBORG following leader remarks, the Senate JAMES J. HANNAM of the Federal Government to issue new regula- be in a period of morning business, TODD E. HARTFIEL tions. JUAN M. HERNANDEZ with Senators permitted to speak MARCUS T. HIRSCHBERG SEC. 9. AUTHORIZATION OF APPROPRIATIONS. therein for up to 10 minutes each. JASON A. HOPKINS (a) PILOT PROGRAM.—There is authorized to The PRESIDING OFFICER. Without NATHAN R. HUDSON be appropriated $10,000,000 to carry out section DANIEL J. HUELSMAN objection, it is so ordered. MICHAEL J. HUNT 3. IAN T. HURST (b) WORKING GROUP AND REPORT.—There is f RAYMOND D. JACKSON, JR. authorized to be appropriated $1,500,000 to carry WILL D. JOHNSON ADJOURNMENT UNTIL 11:30 A.M. MARK C. JORGENSEN out sections 4 and 5. KEVIN L. KAMMETER (c) AVAILABILITY.—Amounts made available TOMORROW HANNAH K. KAWAMOTO under subsections (a) and (b) shall remain Mr. BOOZMAN. Mr. President, if MARGARET D. KENNEDY available until expended. JAMES R. KENSHALO there is no further business to come be- COREY M. KERNS Mr. BOOZMAN. I ask unanimous con- GREGORY J. KNOLL fore the Senate, I ask unanimous consent that the committee-reported sub- RICHARD E. KUZAK sent that it stand adjourned under the KARA M. LAVIN stitute amendment be agreed to and AMANDA M. LEE previous order. that the bill, as amended, be considered BRANDON M. LINK There being no objection, the Senate, RICHARD A. MACH read a third time. AMY D. MCELROY The PRESIDING OFFICER. Without at 12:07 a.m., adjourned until Thursday, REYNA E. MCGRAIL December 21, 2018, at 11:30 a.m. CLAY D. MCKINNEY objection, it is so ordered. BRADLEY W. MIDDLETON The committee-reported amendment f DAVID A. MIDDLETON BROOKE A. MILLARD in the nature of a substitute was NOMINATIONS JESSE M. MILLARD agreed to. JONATHAN D. MILLER Executive nominations received by KENNETH R. MILLSON The bill was ordered to be engrossed TODD C. MOE for a third reading and was read the the Senate: GREGORY N. MOURITSEN GARY C. MURPHY IN THE COAST GUARD third time. SAMUEL R. NASSAR Mr. BOOZMAN. I know of no further THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRANDON J. NATTEAL debate on the bill. IN THE UNITED STATES COAST GUARD TO THE GRADE IN- JOSHUA B. NELSON DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): KELLEE M. NOLAN The PRESIDING OFFICER. The bill CHARLES S. NOVAK To be commander DAVID M. OTANI having been read the third time, the NICHOLAS W. PARKER AUSTIN L. ADCOCK THOMAS T. PEQUIGNOT question is, Shall the bill pass? ANTONE S. ALONGI ERIC C. PERDUE MATTHEW S. AUSTIN The bill (S. 79), as amended, was LUKE R. PETERSEN SAMUEL H. BABBITT MARK A. PIBER passed. MICHAEL W. BAIRD STEPHEN W. PITTMAN Mr. BOOZMAN. I ask unanimous con- JON T. BARTEL JEFFREY R. PLATT PATRICIA M. BENNETT sent that the motion to reconsider be JASON T. PLUMLEY ROBERT A. BIXLER II CLAYTON S. PREBLE considered made and laid upon the KELLY C. BLACKBURN KRISTEN M. PREBLE JULIE E. BLANCHFIELD table. RANDY L. PRESTON RONALD D. BLEDSOE, JR. MILES R. RANDALL, JR. The PRESIDING OFFICER. Without BRIAN T. BOLAND KENT R. REINHOLD JEFFREY M. BOLLING objection, it is so ordered. KENNETH H. ROCKHOLD MARY D. BROOKS THOMAS C. RODZEWICZ KATHERINE L. BROWN f JOSE M. ROSARIO STACI K. BROWN ELIZABETH M. ROSCOE BRADLEY A. BRUNAUGH APPOINTMENTS CORRECTION ERIC S. RUNYON KENNETH J. BURGESS MATTHEW A. SCHIBLER ERIC S. BURLEY Mr. BOOZMAN. Mr. President, I ask DAVID P. SHEPPARD JASON A. BUSTAMENTE BRENDAN C. SHIELDS unanimous consent that a correction WILLIAM R. CAHILL JONATHAN D. SHUMATE JAMES M. CARABIN to an appointment made on December DANIELLE M. SHUPE JOEL B. CARSE LUKE M. SLIVINSKI 18, 2018, be printed in the RECORD. AARON J. CASAVANT SCOTT R. SMITH XOCHITL L. CASTANEDA For the information of the Senate, WILLIAM M. SNYDER ACE V. CASTLE BENJAMIN J. SPECTOR this correction is clerical and does not ERIC W. CHANG CHARLES B. STANLEY DAVID K. CHAPMAN change membership of the United JEFFREY J. SULLENS DARYL C. CLARY PHILIP D. THISSE States-China Economic Security Re- GREGORY A. CLAYTON KEITH O. THOMAS DAVID M. COBURN view Commission made by the appoint- CHAD R. THOMPSON MUHAMMADALI N. COCHRAN JAROD S. TOCZKO ment. ROBERT A. COLE ROBERTO N. TREVINO BRADLEY D. CONWAY There being no objection, the mate- JORGE L. VALENTE JAMES R. COOLEY rial was ordered to be printed in the PEDRO L. VAZQUEZ GEORGE H. COTTRELL BRETT R. WALTER ECORD JEREMY A. COURTADE R , as follows: MATTHEW J. WALTER MICHAEL T. COURTNEY The PRESIDING OFFICER. The Chair an- BENJAMIN M. WALTON TREVOR C. COWAN MOLLY K. WATERS nounces, on behalf of the Democratic Leader, ALLISON B. COX RYAN A. WATERS pursuant to the provisions of Public Law 106– JONATHAN W. COX MICHAEL E. WHITTREDGE BYRON A. CREECH 398, as amended by Public Law 108–7, and in JAMES E. WILLINGHAM CARLOS M. CRESPO CHARLES K. WILSON consultation with the Ranking Members of DAVID B. CRUZ ERIC J. WILSON the Senate Committee on Armed Services JEFFREY R. DAIGLE DAVID J. YADRICK and the Senate Committee on Finance, the ALLISON M. DAMERON MICHAEL R. DARRAH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT appointment of the following individual to JESSICA S. DAVILA IN THE UNITED STATES COAST GUARD TO THE GRADE IN- serve as a member of the United States– KELVIN J. DAVIS DICATED UNDER TITLE 14, U.S.C. SECTION 271(E) AND China Economic Security Review Commis- ARTHUR M. DEHNZ TITLE 10, U.S.C. SECTION 12203(A): PHILLIP A. DELISLE To be lieutenant commander sion: Thea M. Lee of the District of Columbia JOHN F. DEWEY IV for a term expiring December 31, 2020. JARROD M. DEWITZ JUSTIN P. AARONSON JENNIFER R. DOHERTY MARK RYAN ALLEN f PATRICK A. DRAYER RHENEE K. ALLEN LAUREN F. DUFRENE JOSEPH P. ANTHONY ORDERS FOR THURSDAY, CHRISTOPHER P. DUFRESNE SHANNON M. ANTHONY STANLEY P. FIELDS JUAN R. APONTE DECEMBER 21, 2018 BRANDON C. FISHER BRANDON J. ATEN Mr. BOOZMAN. Mr. President, I ask MATTHEW P. FRAZEE ANDREW D. BACON MICHAEL FRIEND JACOB D. BALDASSINI unanimous consent that when the Sen- MATTHEW A. GANS LEMUEL R. BEAUCHAMP

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RYAN T. BECK NICHOLAS R. HARTMANN JEREMY A. PICKARD BRETT F. BELANGER LISA M. HATLAND MATTHEW D. POORE SHEHU BELLO JUSTIN C. HECK PATRICK R. POWERS MARTIN J. BERG DAVID H. HERNDON ANDREA L. PSIMER KELLY C. BERRY KEELY J. HIGBIE GREGORY G. QUILLEN ANNE E. BESSER KEVIN J. HIGGINS KRISTINA L. QUINN RICHARD A. BICSAK DANIEL R. HILBURN CHRISTOPHER P. RABALAIS DANIEL J. BLAICH HUNTER A. HILL CLAIRE M. REILLY BROCK A. BLAISDELL SHAKA W. HILL CHARLES J. RESSEL KEITH A. BLEVINS CORY J. HOFFMAN ANDREA S. RICE ROGER BOGERT CHRISTOPHER J. HOOPER KYLE T. RICHTER STEPHEN D. BONDIRA CHRISTINE T. IGISOMAR CALEB C. ROBARDS JOHN P. BOTTI III ANTHONY V. IPPOLITO ZACHARY B. ROBERTSON RUDY H. BOWIS ANDREW G. JAROLIMEK LEONEL ROBLES, JR. CHRISTOPHER G. BOYKIN JASON J. JOLL MARIA A. ROSARIO DANIEL J. BRAHAN PHILIP A. JONES SOREN J. ROSE NICOLE E. BREDARIOL TIMOTHY M. JONES KEVIN J. ROTHEMICH CHRISTOPHER A. BREUER MATTHEW R. KAHLEY LUIS M. RUCK ERICA M. BREWTON THOMAS G. KAI RAPHAEL J. SADOWITZ SALOMEE G. BRIGGS ANDREW P. KAUFFMAN MATTHEW H. SALDIVAR AARON G. BROCKUS MICHELLE E. KEATING JOHN F. SAUVE EMILY H. BROCKWAY TYLER E. KELLEY KARL E. SAVACOOL KELLEY M. BROWN MOLLY E. KEYSER VICTORIA A. SAXON KENTON G. BROWN BRYAN M. KILCOIN BRANDON S. SCHUMANN MARCUS W. BROWN GARIN A. KIRKPATRICK JASON R. SCOTT PATRICK J. BROWN MARY E. KLYNMAN GUSTAV J. SEYLERSCHMIDT COLLINSON P. BURGWYN III RYAN A. KOROKNAY NATHAN A. SHAKESPEARE PATRICK M. BURNETT KEVIN X. KUHN GEORGE W. SHEPHERD DUSTIN R. BURTON PHILIPP C. KUNZE SHAWN C. SIMERAL WILLIAM M. BURTT LAURA L. LADD ERIN L. SLYCORD KRISTINA I. BUTLER CHRISTOPHER M. LAFRAMBOISE GABRIELLA M. SMYTH RYAN BUTLER MATTHEW R. LAM DREW SONETIROT ROBERT W. CANOY, JR. PATRICK D. LAMMERSEN ALEX J. STACHEL JARED A. CARBAJAL GREGORY R. LANDOSKY ANDREW M. STEC KEVIN P. CARMICHAEL MICHAEL C. LANGELIER DAVID M. STERN ERIC S. CASIDA GRANT H. LANGSTON ASHLEY D. STONE THEODORE L. CETRULO TERENCE O. LEAHY MATHEW B. STUBER SHAWN M. CHAUVOT ELIZABETH A. LEDBETTER AMANDA M. STYLES JOHN J. CHESNUT CHANEL L. LEE KYLE M. SWEET JUSTIN D. CHURCH ROBERT S. LIST KRISTOPHER J. TAMBURELLO JOSEPH J. CIARAVELLA LUIS D. LLANES CHARLES W. TAYLOR BRADFORD E. CLARK SAMUD I. LOONEY STACY J. TEIXEIRA MICHAEL P. COMERFORD JAVIER E. LOPEZ JORGE A. TELLER TABITHA C. CONNELL ERIC J. LUNDE NKOSI R. THOMAS LINDSAY N. COOK CONOR S. MADISON WADE P. THOMSON SETH R. CRAVEN JONATHAN D. MAGIN JONATHAN D. TICE NICHOLAS C. CUSTER JEREMY D. MAGINOT MEGAN C. TRIVETT KYLE C. CUTTIE JOHN O. MANSOLILLO ELIZABETH A. TUFTS NICOLE W. DEEM THOMAS C. MANSOUR ERIC C. TURNER DANIEL A. DELGADO ZEPHYR R. MAYS KATHERINE M. USTLER MICHAEL P. DEVOLLD ROBERT E. MCCABE MATTHEW R. VANDERSLICE MATTHEW Z. DIIULIO BRETT F. MCCALL LINH VINH BRIAN P. DOCHTERMANN JEREMY T. MCCALL ASHLEY J. VRYHEID AARON J. DORRIAN JASON P. MCCARTHEY WILLIAM S. WALLEN DANA T. DOUGHERTY FRANK W. MCINTOSH IV BRIAN S. WALLER MATTHEW P. DYRDAHL JESSICA L. MCINTYRE JOSEPH K. WALTON KEITH J. ENDRES CHRISTOPHER J. MCKAY CHRISTOPHER S. WARD CHARLES R. ENGLAND MARTIN J. MCKENNA BRYAN D. WATTS DAVID A. EVANS COREY M. MCPARTLIN GREGORY C. WAUGH KARIN N. EVELYN BRENT M. MELLEN DENNIS R. WESTERMANN MATTHEW E. EYLER ADAM D. MILLER ADAM M. WHALEN ANTHONY L. FALCE BRIAN L. MILLER JAMES F. WHITE KATHLEEN L. FALLON DANIEL E. MILLER CHARLES M. WHITESEL DANIEL A. FEIRMAN PATRICK J. MILLER MARK A. WHYTE ERIN E. FILLMORE RONALD A. MILLER ZACHARY M. WIEST LAURA M. FITZPATRICK JOHNANDREW M. MINNITI DERRICK A. WILLIAMS LAURA B. FOSTER TYLER A. MONEZ KELLY A. WINSLOW JAMES E. FOTHERGILL DELOISE L. MOORE SHEA G. WINTERBERGER MORGAN M. FOWLER TIMOTHY M. MOSHER JESSICA L. WISSMANN MICHAEL I. FREEMAN ADAM T. MOSLEY NATHAN E. WOJCIK HEIDI A. FUNKHOUSER RYAN W. MOWBRAY BERT L. WOODS ADRIANA J. GAENZLE THOMAS D. MULDER MATTHEW E. ZACKMAN DAVID J. GARDEN JASON D. NGUYEN JAMES B. ZORN THEODORA T. GAUDREN LIEZL A. NICHOLAS MICHAEL J. GEREAU ANDREW S. NORBERG f ERIN M. GILL DANIEL F. OBRIEN III LAUREN M. GILLIKIN CHRISTOPHER M. OCONNOR GREGORY D. GILMORE ERIN K. ODONNELL CONFIRMATION SEAN C. GLAVAN JAMES J. OKORN RYAN A. GOMEZ CHELSEY G. OLSON Executive nomination confirmed by SONHA A. GOMEZ CHRISTOPHER M. O’MEARA the Senate December 19, 2018: FELIPE L. GUARDIOLA GREGORY J. OSTROV MICHAEL J. HAAS TIMOTHY K. OZIMEK OFFICE OF THE DIRECTOR OF NATIONAL SAMUEL B. HAFENSTEINER CHRISTOPHER K. PACE INTELLIGENCE DANIEL P. HALSIG DANIEL M. PARKER JESSICA E. HAMILTON TERRI A. PARRIS JOSEPH MAGUIRE, OF FLORIDA, TO BE DIRECTOR OF MATTHEW G. HARDGROVE CALEB L. PEACOCK THE NATIONAL COUNTERTERRORISM CENTER, OFFICE AMANDA L. HARRIS MICHAEL M. PERSUN OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

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