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

Vol. 166 WASHINGTON, THURSDAY, MAY 21, 2020 No. 96 House of Representatives The House was not in session today. Its next meeting will be held on Friday, May 22, 2020, at 11 a.m. Senate THURSDAY, MAY 21, 2020

The Senate met at 10 a.m. and was Mr. GRASSLEY. Madam President, I lated, we confirmed nominees, we held called to order by the President pro ask unanimous consent to speak for 1 major hearings, and conducted over- tempore (Mr. GRASSLEY). minute in morning business. sight on the historic response to f The PRESIDING OFFICER. Without COVID–19. objection, it is so ordered. Yesterday, we learned that our Sen- PRAYER ate action will continue to contrast f The Chaplain, Dr. Barry C. Black, of- with our absentee neighbors across the fered the following prayer: NIGERIA Rotunda. While essential workers Let us pray. Mr. GRASSLEY. Madam President, across the country continue to clock Lord of our lives, make these mo- we all ought to be very concerned, as I in, the Democratic House of Represent- ments of prayer more than mere words, am, about the ongoing religious perse- atives has essentially put itself on paid but may this reverent pause fill our cution happening in Nigeria. It may be leave for months. Since the early days hearts with gratitude and love for You. happening in a lot of countries, but I of this crisis, the self-described ‘‘Peo- May our lawmakers appreciate the fact just want to mention Nigeria today. ple’s House’’ has been suspiciously that through prayer, they have the In the last 6 months, there have been empty of people. I understand they privilege of talking to You, the super- multiple attacks. This includes the have convened for legislative session a intendent of the universe. murder of 11 Christians by extremists grand total of 2 days in the last 8 Lord, inspire them to use this inter- identified as part of ISIS, and—can you weeks. At this point, I am wondering if cessory opportunity to seek Your wis- believe it—the beheading of a pastor by we should send Senators over there to dom and guidance, knowing that You Boko Haram militants. West Africa re- collect their newspaper and water the are eager to help them. Give us all the leased a barbaric video of a child of plants. It is not just their physical absence; wisdom to remember that You con- about 10 years old executing a Chris- it is House Democrats absent from any tinue to be our refuge and strength, al- tian. serious discussions at all. About the ways ready to help in times of trouble. The Nigerian authorities need to stop And Lord, as we approach Memorial only product to emerge from their this persecution right now, and our Day, thank You for the men and lengthy sabbatical has been a 1,800- own government, the U.S. Government, women who gave their lives for this page, $3 trillion messaging bill that needs to do what it can to support that Nation while serving in the U.S. mili- couldn’t even unite their own con- effort. For sure, those responsible must tary. We are grateful also for the great ference. be held accountable for their actions. sacrifices made by their loved ones. Yesterday, the Speaker announced I yield the floor. We pray in Your merciful Name. this arrangement will continue for an- Amen. f other 45 days at least, but there is a new wrinkle. House Democrats jammed f RECOGNITION OF THE MAJORITY through a precedent-breaking remote LEADER PLEDGE OF ALLEGIANCE voting scheme that will let 1 Member The President pro tempore led the The PRESIDING OFFICER. The ma- cast 10 additional votes—1 Member cast Pledge of Allegiance, as follows: jority leader is recognized. 10 additional votes. Actually, 1 person, I pledge allegiance to the Flag of the f 11 votes. Remember, these are the peo- United States of America, and to the Repub- ple who want to remake every State’s lic for which it stands, one nation under God, BUSINESS BEFORE THE SENATE election laws. indivisible, with liberty and justice for all. Mr. MCCONNELL. All month, the There are several problems with this. The PRESIDING OFFICER (Mrs. Senate has been on the job attending One of them happens to be article I, HYDE-SMITH). The Senator from Iowa. to the needs of our country. We legis- section 5 of the U.S. Constitution,

∑ 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 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.000 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2564 CONGRESSIONAL RECORD — SENATE May 21, 2020 which says a majority of each House set up home offices and home schools UNANIMOUS CONSENT shall constitute a quorum to do busi- overnight. Community volunteers have AGREEMENT—S.J. RES. 72 ness. For about 231 years, Congress has found new ways to pitch in and help Mr. MCCONNELL. Madam President, managed to fulfill this job require- the vulnerable from 6 feet apart. I ask unanimous consent that the ac- Tens of millions of workers have kept ment. They worked through a Civil tions of the Senate with respect to S.J. collecting paychecks instead of pink War, two World Wars, terrorist threats, Res. 72 be vitiated. slips because of our Paycheck Protec- and a major pandemic without trying The PRESIDING OFFICER. Without tion Program, which sent hundreds of to shirk this duty. The 12th Congress objection, it is so ordered. endured the War of 1812, including the billions of dollars to keep small busi- occupation of Washington and the nesses alive. f burning of this very building that we COVID–19 has killed nearly 100,000 RESERVATION OF LEADER TIME Americans. It has cost tens of millions are in right now without abandoning The PRESIDING OFFICER. Under in-person meetings. their jobs. This is a generational trag- edy. But in the midst of it, our country the previous order, the leadership time The Constitution requires a physical is reserved. quorum to do business. Normally, both is pulling together. Chambers may presume one. But any My home State of Kentucky is show- f House Member has a right to demand ing us how it is done. A glass producer CONCLUSION OF MORNING an in-person attendance check. The transformed its operation to make pro- BUSINESS Democrats’ new rule says one person tective shields for businesses. A high school principal, Evan Jackson, in- The PRESIDING OFFICER. Morning may mark himself and 10 others business is closed. present, even if they are nowhere in vented a virtual commencement so sight, which is a flatout lie. graduates didn’t go uncelebrated. Dr. f There will be enormous constitu- Erin Frazier, a pediatrician, somehow EXECUTIVE SESSION tional questions around anything the found the spare time to stand up House does if they fail to demonstrate brandnew food pantries. Restaurants a real quorum, but plow ahead anyhow. are spreading hope and hospitality by EXECUTIVE CALENDAR They have had 2 normal workdays in 8 donating meals to first responders. And one group of restaurants The PRESIDING OFFICER. Under weeks and one absurd, unserious pro- headquartered in Louisville called the previous order, the Senate will pro- posal. And now they are playing games Texas Roadhouse has gone to great ceed to executive session to resume with the Constitution so they can con- lengths to avoid layoffs. The founder consideration of the following nomina- tinue their never-ending spring break gave up his salary and put his own tion which the clerk will report. well into July. money into a worker assistance fund. The senior assistant legislative clerk Let’s come over here to the Senate. So far they have spent $17 million on read the nomination of JOHN L. In the past 3 weeks, we have filled cru- their workers, covering everything RATCLIFFE, of Texas, to be Director of cial posts at the National Counterintel- from healthcare premiums to bonuses. National Intelligence. ligence and Security Center, the Nu- These past few months have been try- Mr. MCCONNELL. Madam President, clear Regulatory Commission, and the ing indeed, but the American people I suggest the absence of a quorum. Department of Homeland Security. have been truly inspiring. This spring, The PRESIDING OFFICER. The Today, we will confirm the next Di- the Senate wrote and passed the larg- clerk will call the roll. rector of National Intelligence. JOHN est rescue package in American history The senior assistant legislative clerk RATCLIFFE will lead the intelligence to try to help bridge this period. This proceeded to call the roll. community in countering threats from Nation of nearly 330 million people put Mr. SCHUMER. Madam President, I great powers, rogue nations, and ter- their lives on pause to protect our med- ask unanimous consent that the order rorists, and ensuring that work is un- ical system, and it worked. for the quorum call be rescinded. tainted by political bias. The American people did what Amer- The PRESIDING OFFICER. Without The Banking Committee heard from icans do: They got it done. We kept our objection, it is so ordered. Chairman Powell and Secretary healthcare system intact; we did not RECOGNITION OF THE MINORITY LEADER Mnuchin on the workings of the let this virus break us; and as far as we The PRESIDING OFFICER. The CARES Act and the state of our econ- know, not one single American who Democratic leader is recognized. omy. The Homeland Security and Gov- needed a ventilator could not get one. CORONAVIRUS ernment Affairs Committee has re- We have not yet won the war, but the ported the nominee to be Special In- citizens of this Nation have won an im- Mr. SCHUMER. Madam President, spector General for Pandemic Recovery portant battle. one unfortunate side effect of the Programs. What comes next? Sustaining this COVID–19 pandemic is that we have be- The Special Committee on Aging is flattened curve will take vigilance. come accustomed to the recitation of examining all the ways this crisis has Safely reopening schools, universities, grim statistics. hurt America’s seniors. and businesses will take care and lead- The United States now leads the The HELP Committee has discussed ership. The race for even more testing, world in the number of confirmed cases with top experts like Dr. Fauci and Ad- therapeutics, and of course a vaccine of the coronavirus with more than 1.5 miral Giroir how schools, universities, will be one great national project. million. Another 2.4 million workers and businesses will begin to reopen. Rebuilding the prosperity we had just filed jobless claims this week, joining Senator CORNYN and I are working on a few months ago will be another. Life the more than 38 million Americans legal protections that our healthcare will not go right back to normal. Re- who have applied for unemployment as- workers deserve and institutions will pairing the damage will take cre- sistance since the crisis began. need if they want to return to anything ativity. But the greatest country in Very soon, our country will reach an- reassembling normal. world history will find a more sustain- other grim milestone. We are fast ap- On the floor, we have passed major able middle ground. proaching the day when more than bills, renewing key national security Every one of my Senate colleagues 100,000 American lives will be lost to tools and dialing up the consequences should be proud of how we helped our COVID–19—the size of a small city for Communist China’s abuse of human Nation win this battle. Every day, our erased from the map. rights. historic rescue package has continued Speaker PELOSI and I sent a letter to In short, the Senate has just followed to push out money and aid. Every day, President Trump this morning, re- the lead of the American people. For we are working on ways to smooth the questing that the American flag be months now, healthcare workers have road toward reopening that lies before flown at half-mast on all public build- been clocking in to help and heal us. ings on the day the toll reaches 100,000. strangers. Every minute on the job is The American people have already As families all across this great coun- an act of selflessness and bravery. been heroes. It is our honor as Senators try mourn the loss of friends, col- Families have forged new routines and to stand with them. leagues, and loved ones, flying the flag

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.002 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2565 at half-mast would be a national ex- The inaction by Senate Republicans Senators to meet with their constitu- pression of grief. has gotten so bad that even one of my ents and hear their concerns. In these Of course, this weekend is also Me- colleagues on the other side doesn’t strange times, we will not be able to do morial Day, when we commemorate want to adjourn today because his that in person, but we will find ways to the so many Americans who, through party has done nothing on the hear from the people in our States, and the centuries, have lost their lives for coronavirus for an entire month. I expect my Republican colleagues will our country, and we never forget them. Leader MCCONNELL has long presided get an earful. We never forget them. I hope, on Me- over a legislative graveyard, but in this The American people should be furi- morial Day, every American will take time of national crisis, when Ameri- ous about what Washington Repub- a minute amidst this crisis to remem- cans all across the country are des- licans are doing in Congress and, more ber our veterans who have served and perate for relief, the inaction of Senate to the point, what they are failing to made great sacrifice and to remember Republicans is staggering. do. their families as well. Making matters worse, Republicans Now, in a flash, this disease has aren’t just ignoring the coronavirus; As we approach a day of reckoning, washed over our country like a flood, they are practically sprinting toward more than 100,000 deaths from the changing nearly every aspect of Amer- focusing on a partisan election instead coronavirus, I cannot imagine the ican society except, perhaps, the Re- of our coming together and trying to American people are happy that Senate publican Senate. If you looked at our solve this problem. Republicans can’t focus on coronavirus activity in the last 3 weeks, you would Instead of debating COVID-related because they are too busy doing opposi- hardly know that there was a COVID legislation on the floor, Leader MCCON- tion research for the President’s reelec- crisis. NELL has asked the Senate to confirm tion campaign. Leader MCCONNELL called the Senate some rightwing judges. In the Home- NOMINATION OF JOHN L. RATCLIFFE back into session 3 weeks ago. In that land Security Committee, the Repub- On another matter, later today, the time, the Republican leadership has lican chairman convened a hearing Senate will vote on whether to confirm not put one bill on the floor of the Sen- that slanders the family of the Presi- Representative JOHN RATCLIFFE to ate related to COVID–19—not one vote dent’s political opponent with con- serve as the Director of National Intel- on legislation having to do with spiracy theories invented by none ligence, which oversees the 17 different COVID–19 in the entire month of May. other than the Kremlin. The Homeland intelligence agencies. It is one of the The House has not been in regular Security Committee should be holding most important posts that this Cham- session, but it has voted on many more hearings with the FEMA Adminis- ber is asked to fill. It requires someone COVID-related bills this month than trator about the alarming shortage of with unimpeachable integrity, deep ex- the Republican Senate. For Leader PPE. But, instead, the Republican ma- perience, and the independence and MCCONNELL to say that the Senate is jority is busy following breadcrumbs backbone to speak truth to power. working and the House is derelict is left by Putin and his intelligence serv- That is what DNIs, including the pre- the opposite of what happened. ices. What a disgrace, what a sham, vious one, Dan Coats, did. The House has passed a major bill and what a dereliction of duties. dealing with COVID. We have done The House—again, they are doing Unfortunately, Mr. RATCLIFFE nothing on this floor to vote on any- their job. They passed a major bill. doesn’t even come close to meeting thing about COVID. Senator MCCONNELL says: Let’s wait. that high bar. Earlier this week, I had For Leader MCCONNELL to think we Let’s pause. He doesn’t see immediate the opportunity to speak with Con- are doing our job by voting for some urgency. Well, Americans do. gressman RATCLIFFE over the phone. I rightwing judges, by engaging in some In the Judiciary Committee now, the expressed my concerns that his history sort of show trials to go to pursue con- Republican chairman wants to issue a as a vocal defender of the President spiracy theories from the far right and bonanza of subpoenas about yet an- casts doubt on his qualifications and even from Russia to besmirch political other conspiracy theory related to the credibility. opponents past and present—that is not 2016 elections in the hopes of diving I asked him to simply confirm the what we should be doing. down as many rabbit holes as can be unequivocal conclusion of our 17 intel- When Americans look at what the found. ligence agencies that Putin interfered House has done over the last 3 weeks And today, in the Foreign Relations in the 2016 elections to help President and what the Senate has done over the Committee, the Republican chairman Trump. He could not confirm it. last 3 weeks, they will see that the is holding an audio-only hearing to ad- I asked him if he would commit to House has done far more on COVID vance President Trump’s handpicked basic, specific steps to improve trans- than the Senate because Leader nominee for the Voice of America, a parency and communications between MCCONNELL is not allowing the Senate nominee who is currently under inves- DNI and Congress—for instance, that to focus on the issues we should be fo- tigation by the attorney general of every 2 weeks the staffs of the Gang of cusing on. Washington, DC. That is right. The Re- 8 be briefed by the DNI on what is hap- What little business we have done re- publican majority of the Foreign Rela- pening in terms of election inter- lated to the crisis—oversight hearings tions Committee is turning the cam- ference, that immediately Congress be in a few committees—required weeks of eras off so that the press and the public notified if Russia or another foreign pressure from Senate Democrats. We can’t see what they are doing—giving a country attempts to interfere in our had to push and push and push our col- promotion to Steve Bannon’s business election. I asked him to do that within leagues to even fulfill their most basic partner in the middle of a health crisis. 72 hours. In neither case would he com- responsibilities to do a hearing, to do This is such a gross misuse of power by mit. That is not the kind of DNI we oversight as to whether the money the majority. need. that we passed weeks ago is being While unemployment reaches spent properly. astronomic levels, the Senate Repub- So Congressman RATCLIFFE did little In the interest of making incre- lican caucus is off on a wild goose to address my concerns about his nomi- mental progress—just incremental chase. The conspiracy caucus is back nation, and I will vehemently oppose progress—Democrats have asked this with a vengeance. That is the name of his nomination today. More than ever, Chamber to consent to smaller meas- this Republican Senate majority: the we need the right person to serve as ures related to our relief efforts. We ‘‘conspiracy caucus.’’ That is where DNI. Over the past few months we have asked our colleagues to increase trans- their zeal is; that is where their focus watched President Trump try to short parency in the small business lending is—not on eradicating COVID, not on circuit nearly every measure of inde- program. We asked to release the uned- helping people get back to work, not on pendence and accountability within the ited CDC guidance to help families, feeding hungry families but on pur- executive branch. States, businesses, and schools reopen suing conspiracy theories. Wow. By baselessly firing one inspector safely. Senate Republicans blocked The Memorial Day weekend in a general after another, President Trump those ideas. State work period is usually a time for has shown he will not tolerate anyone

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.004 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2566 CONGRESSIONAL RECORD — SENATE May 21, 2020 standing up to his personal political in- islation, and it was done in a bipar- connectivity, and the way in which terests, right or wrong. This is a dan- tisan way. Democrats and Republicans people, through the coronavirus, are gerous pattern that should send a shiv- cooperated because it is important to able to stay connected, the way busi- er down the spine of anyone who be- our country to make sure that we are ness is conducted, and actually, frank- lieves in democracy and is particularly responding to an enormous crisis, an ly, for that matter, the way govern- relevant to the intelligence commu- extraordinary crisis that required an ment is conducted because, obviously, nity, which must be able to inform the extraordinary response, and the re- we are doing a lot of things through President of difficult truths. sponse, I would argue, has been ex- connectivity as well. Mr. RATCLIFFE, unfortunately, has traordinary. We looked at what is working, what not demonstrated the qualities nor the Never in my lifetime or certainly my is not working, and are there areas, in independence that we should expect of time in the Senate—or, for that mat- terms of making sure that parts of the the next leader of the intelligence com- ter, I would argue anybody else’s time country that don’t have high-speed munity. I will vote no and encourage in the Senate—has the U.S. Senate internet services and that don’t have my colleagues on both sides of the done anything of that scale, scope, or broadband services could be better con- aisle, for the sake of the independence consequence. And in many of those pro- nected, and is that something that and strength of our intelligence com- grams that we authorized and funded, ought to be a part of any future legisla- munity, which has served us so well for those four pieces of legislation which tion that we look at. decades, to join me in voting no. passed as recently as a couple of This week, the Banking Committee I yield the floor. months ago, the dollars are still get- had the Chairman of the Federal Re- The PRESIDING OFFICER. The Sen- ting out there. They are in the pipe- serve Board and had the Secretary of ator from South Dakota. line. They are going out to State and the Treasury in front of that com- SENATE ACCOMPLISHMENTS local governments. They are going out mittee to ask them questions about Mr. THUNE. Madam President, the to healthcare providers, hospitals, what is happening in the financial serv- minority leader just got up and at- nursing homes. They are going out to ices industry and what is the effect of tacked the Senate for not doing any- small businesses. They are going out to all the money that we spent, that we thing and then proceeded to announce workers, employees, people who have put out the door, how is that working that we are going to be voting today on been unemployed through the unem- out there, and, again, what can we be the Director of National Intelligence. ployment insurance program. There doing differently, how can we improve, It seems like a pretty important posi- are a lot of dollars in the pipeline, a lot and how can we do this better as we tion—the person who is in charge of all of resources that have been expended look to the future. the intelligence activities that we con- by the U.S. Senate, the House of Rep- Those are just three committees, off duct around the world to make sure resentatives, and signed into law by the top of my head, not to mention the that we keep our country safe. the President. fact that the Banking Committee is So it seems logical, I would think, for So if the Senate is here and not doing also reporting out the nominee to be us, as stewards of the tax dollars, as anything, it seems like a real con- the inspector general for the pan- representatives of the people of this tradiction to suggest that we are actu- demic—a very important position, I country, as policymakers, to make ally going to vote today on a position might add. So they have been very ac- sure that the policies we are putting that is important to America’s na- tive and very busy doing oversight into place are having the desired effect tional security interests. work with respect to this pandemic. and are actually working. It is just one of many that we are What the Democratic leader just said So what has the Senate been doing is not true. It is not true; it is not ac- going to be voting on and have been for the past 3 weeks? Well, exactly curate; and, frankly, I would think, in voting on over the past several weeks. that—taking a look on a committee- The other thing the Democrat leader the eyes of the American people, it is by-committee basis at whether some of forgot to acknowledge is that last week illogical to say that we have spent $3 the things we have already done are we passed reforms to the Foreign Intel- trillion and we wouldn’t want to take a being effective. ligence Surveillance Act, a piece of leg- The Health, Education, Labor, and look to see how that $3 trillion is being islation that is also important to na- Pensions Committee had in the head of spent and whether it is being effective tional security, that authorizes and the CDC, the head of the NIH—two and whether it is being efficient and funds all our intelligence activities and critical agencies when it comes to then look at where do we need to do also included reforms—reforms that fighting the health emergency of this more before we rush headlong in there many in this body on both sides of the country—to determine and to ask them and just push another $3 trillion out aisle wanted to see adopted. That was questions about what is working, what the door. I think that is a rational way an important piece of legislation and is not working, what have we done, of looking at things. I think most of one that I think has tremendous con- what should we be doing differently, the American people would accept and sequences—I would add grave con- what can we do. believe that these are—this is what we sequences—for the United States of That was a hearing the Health Edu- were elected to do. They want to make America and our national security in- cation, Labor, and Pensions Committee sure we are taking their tax dollars terests. had last week, widely participated in and spending them as wisely and well The Senate has also been very in- by Members on both sides of the aisle. as possible and in an efficient and ef- volved—I would suspect maybe to the I sit on the Senate Commerce Com- fective way. Democratic leader’s chagrin—in exam- mittee. We have had several hearings. By the way, just as a reminder to my ining and looking at all the We had a markup yesterday. We colleagues, every dollar—every dollar coronavirus legislation that we have marked up 14 bills yesterday, but we that we spend is borrowed from our already passed and the impact it is also have been looking at the impact of children and grandchildren. This having and whether it is being effective coronavirus legislation on those con- doesn’t just magically appear out of and where we need to do more and stituencies that are under the jurisdic- thin air. We are borrowing money. where we need to fix things or refine or tion of the Senate Commerce Com- Now, granted, it is money we needed to tweak things in a way to make those mittee, one of which is the airline in- borrow, particularly with what we have programs that we funded and author- dustry. We had a hearing examining already done. Everybody acknowledges ized work better. the impact of the coronavirus on avia- we had a crisis. We had to put out the But to suggest that the Senate hasn’t tion, the airline industry in this coun- fire, and we have been doing that. done anything on the coronavirus— try, and on things that we have done to Every dollar, prospectively, every really? Really? My gosh, we passed four help assist and support the airline in- dollar we have already spent is a bor- bills—four bills—totaling almost $3 dustry in this country. That was an- rowed dollar, borrowed from future trillion through the U.S. Senate, other thing that the Commerce Com- generations of Americans, and they are through the House of Representatives, mittee did. dollars that someday we are going to on the President’s desk, and signed Then, more recently than that, we have to repay. Wouldn’t it be prudent, into law—$3 trillion, four pieces of leg- had a hearing on broadband, wouldn’t it be logical, and wouldn’t it

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.006 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2567 be rational for this body, the That, to me, seems like maybe the about $500 billion, or half a trillion dol- custodians, the stewards of the Amer- great divide here and the great debate lars. ican people’s tax dollars, to take a hard that we have, not only in this but a lot It is not just $150 billion that we put look at what is working and what is of other issues. It just seems like the out. A lot of that is still in the pipe- not working before rushing headlong natural, instinctive solution, from my line. A lot of it—before we put more into spending another $3 trillion— friends on the other side of the aisle, is out there and before we say, oh, let’s which the Democratic leader got up we can just solve this by throwing a lot put another trillion out there, which is here and lauded and applauded the of money out there. I have to tell you, what the House is proposing, maybe we House of Representatives for blowing I don’t think that is the way the Amer- ought to look at what the need is. into town for 24 hours last Friday, cob- ican people view it because they are Maybe we ought to find out what the bling together an ideological wish list. sitting down and making hard deci- revenue loss actually is because those Now, granted, there are some things sions right now about how to take care numbers are just coming in. in there that are probably good ideas, of their families and how to get This thing really hit us hard a couple and may be things that, in the end, through this economic crisis. I would of months ago, so the real impact of could end up in a piece of legislation, think the decisions they are making this is going to be felt April, May, and but it didn’t get a single Republican are along the same lines of the deci- into the summer. But as things start to vote, and it didn’t have a single con- sions we ought to be making; that is, open up again, hopefully, we will sultation with Republicans in the how are we going to spend our dollars gradually climb out of this, and those House of Representatives about how to wisely and well? How are we going to numbers will start to improve. May put it together. Do you know what? In be efficient and effective? This isn’t those horrible unemployment numbers the end, they couldn’t keep all the our money. This is the American peo- and those horrible revenue numbers on Democrats. There were 14 Democrats ple’s money. This is a crisis that needs the State level, may those start to who voted against that in the House of a response. We have responded in a come—may we start to see the econ- Representatives. There was not a sin- massive way relative to anything that omy get going back in a more normal gle Republican, which makes sense, if has happened probably in history, for direction. you are Republican. You never get sure in history—$2 trillion, $3 trillion. Before we rush out there with an- asked. You are never at the table. You I mean, I can’t think of a single time— other several trillion—and who knows have no input whatsoever. at what point you hit the wall when it They come in and put this thing to- when we pass annual appropriations comes to borrowing? I mean, we think gether—1,800 pages, $3 trillion—and bills, they never get up to that level. that the Federal Reserve thinks it has what does it have in it? Crazy stuff. We are talking about dollars on a scale Crazy stuff like studies—studies as to like nothing we have ever seen before lots of levers and they can leverage whether there is diversity and inclu- because that is what was required. their balance sheet and they can still This institution demonstrated that sion in the marketing of marijuana. do things, and they think that, fis- There are 68 references in the House notwithstanding our differences, we cally, we have some headroom that we bill to cannabis. There are 68 ref- could work together in a constructive can maneuver within, but if you think erences. There are only 52 references to way and a bipartisan way to do what about this, before this all started, our jobs, which is what I would think the was necessary to deliver for the Amer- debt-to-GDP ratio was 79 percent—79 American people are a lot more con- ican people, and we will do what is nec- percent. You know what, for 2020, our cerned about. The House of Representa- essary to get the American people debt-to-GDP ratio is going to be? And tives, evidently, waited, and, in the through this crisis. Please, please, can that doesn’t include anything that we balance, thought: Well, my gosh, stud- we do that in a thoughtful, construc- do from here on. It just captures what ies on the diversity and inclusiveness tive, and bipartisan way? Can we do has already been done. Our debt-to- of the marketing of cannabis was more that in a way that says: Wow. Let’s ac- GDP ratio will be 101—1 to 1. That was important and weighed more heavily tually sit down and think about what always the level when we saw the on the scale than the jobs that have makes the most sense here. Let’s see Greeces of the world and all these been lost to the American people. That what is out there and what has actu- countries that were just completely in is what it looks like. ally worked. this downward spiral, this quagmire of I mean, they threw everything in The Paycheck Protection Program, debt. That was always the metric, 1 to there. They threw in a tax cut for mil- arguably, has worked really well. We 1, 100 percent debt to GDP. That is the lionaires and billionaires. These guys put $660 billion into that particular breakpoint. That is when you start en- get up here every single day and talk program, and I think it has gotten tering into that really dangerous terri- about Republicans, you know, helping pretty big dividends and pretty big re- tory. out millionaires and billionaires, and sults. A lot of businesses are still func- Well, imagine if we add another $3 what did the House bill have in it? A tioning and still operating and a lot of trillion on top of that. The $3 trillion tax cut for millionaires and billion- workers are still working. That was that we have already done, taken the aires. Now, 56 percent of the tax cut what that was all about, which was to debt to GDP from 79 percent to 101 per- proceeds will go to the 1 percent top keep those jobs and keep those workers cent, is the biggest increase—the big- wage earners in America. Just think working. gest increase in debt to GDP that we about that. Does that make sense? Now, there have been some hiccups, have seen since 1943 when we were Does that make sense when you are and there have been some things that powering up for World War II. fighting a pandemic? Probably not. need to be fixed. We ought to look at Now, granted, this is like a war. This They actually have tax increases on what we can do to refine it and make it is a fight that we have to win, and we small businesses. No big surprise there. work better and make it work more ef- need to do whatever it takes to win it, Tax increases are always something ficiently. The same thing is true for but let’s do it in a smart way, in a they are quick to do. the dollars that go out to State and thoughtful way, and in a way that I just had to take issue with what the local governments. We have $150 billion gives consideration to the future gen- Democratic leader was down here say- in the pipeline that have gone out to erations whose liability everything ing and his characterization of what is State and local governments, many of that we spend today will become, be- going on here. This place, when you are which, I might add, are probably going cause everything that we do is bor- responding to a crisis, needs to act in a to need help, particularly with revenue rowed money, and we have to remem- bipartisan and a constructive way, not replacement. There are a lot of dollars ber that. in a partisan, ideological way, and I in the pipeline out already, in addition I came down here to talk about the would also think in a thoughtful way, to the $150 billion that we have done internet, and I guess it is a speech I giving a lot of consideration to what for State and local governments that can save for another day. I was going we are doing here with those borrowed went out in previous versions, in pre- to talk about China and the things that dollars, borrowed from our kids and vious legislation. Of the four bills that we need to be doing with China when it grandkids, and are we making the best we passed, the total sum of dollars that comes to protecting our cyber security, use of them. have gone to State governments is but I see my colleague from Illinois

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.007 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2568 CONGRESSIONAL RECORD — SENATE May 21, 2020 here is waiting to speak. I just thought have died from the coronavirus—100,000 The second thing this bill did was to it was important that we take a mo- Americans will have died. I join with extend the unemployment compensa- ment and pause and think about where the Democratic leader in saying that tion. Remember, there are 38 million we are and what we have done, and as we should mark that tragic milestone and counting unemployed Americans. we think about what we are going to do with grief for the families and their We created, in the CARES Act, a Fed- next, make sure we are doing it in a loss and standing as Americans in eral boost for unemployment benefits. thoughtful, smart, conscientious, right honor of the sacrifice they have made. So if you qualified for unemployment way and efficient and effective way on More than that, we need to do what benefits from your State, you would re- behalf of the American people and the needs to be done, and to argue that we ceive an additional $600 a week. I think American taxpayer. have done enough now and let’s sit that was necessary and good for the I yield the floor. back and see what happens is to ignore economy, and for the families affected, The PRESIDING OFFICER. The Sen- the obvious. Jerome Powell is the it was a lifeline they desperately need- ator from Illinois. Chairman of the Federal Reserve, and ed. But that program, the $600 a week, Mr. DURBIN. Madam President, we he went on ‘‘60 Minutes’’ last Sunday expires on July 31—expires. Is there will adjourn today and be gone next and said to Congress, to the Senate, to anyone who believes we will be through week for the Memorial Day recess and the House, and to the President: Don’t this economic crisis by July 31 when then return the following week. The stop doing your part. The Federal Re- everyone will be back to work? Of Senate, at the request and call of the serve is trying to loan money to create course not. We need to continue to help Senate Republican leader, Senator opportunities to rebuild this economy, those families. MCCONNELL from Kentucky, has been but we need to do our part. He didn’t The bill that passed the House of in session for 3 weeks. Senator MCCON- say the $3 trillion is all in. He basically Representatives, which the Republican NELL has said that we are here because said we need to do more. Senator calls crazy stuff—what the bill we need to be at our ‘‘duty stations.’’ We had a briefing from Mark Zandi, did was to extend that Federal unem- He has used that term over and over an economist, in the last day or two. ployment benefit of $600 a week until again—a military responsibility to He is well respected. He has been an the end of this year. I think that is sen- stay where you are assigned and to be economist advising both Democrats sible and reasonable. prepared to fight. and Republicans, and he said the same. I might tell you that we expanded Well, those that take a look at what If we don’t move and move quickly and the categories of those eligible for em- we have done over the last 3 weeks decisively and boldly to restore this ployment too. Many independent con- have to ask: Where is the battle? Where economy, what is now a recession, tractors finally get the chance to get is the fight when it comes to COVID– could be much, much worse. That some help at this point in time. So to 19? The simple fact is this: The United means, of course, helping those fami- call that crazy stuff and to not even States Senate, in the last 3 weeks, has lies who have already been hurt. consider it on the floor of the Senate not considered one piece of legislation Last Friday, the House of Represent- makes no sense at all. What about the Payroll Protection on this floor relative to COVID–19, not atives did pass another measure for re- Program? That was one for small busi- one. It has reached the point where the lief, another effort to deal with the ness loans that could be forgiven if the press told me this morning that two COVID virus. So while we have been money was loaned and spent for spe- Republican Senators are now com- here for 3 weeks and haven’t brought one single bill to the floor on the cific purposes. There is a reason we had plaining publicly that we have done to revisit that. The money had to be nothing on COVID–19 and shouldn’t COVID virus—not one—they moved for- ward last Friday and passed, without spent by the businesses by the end of leave for the Memorial Day recess the cooperation of any Republicans— June—June 30. I can tell you, having until we do. they passed a measure to deal with the spoken to many small businesses Well, I think they ought to take across the State of Illinois, that some their appeal not to the American pub- continuing crisis in America. Let me say at the outset, I don’t of them will not even be open for busi- lic but to their Republican leader be- agree with every provision in that bill. ness by June 30. Requiring them to cause he decides what comes to the I know that negotiations are likely to spend money before they can open floor of the Senate, and he has decided, follow, and the compromise is likely to their doors doesn’t give them an oppor- over the last 3 weeks, that nothing will produce a work product that is some- tunity to use this money to really get come to the floor of the Senate relative what different, but let’s look at what back in business. to the biggest issue in the modern his- that bill did. There were revisions made in the tory of America: the national emer- The Senator from South Dakota measure the House passed last Friday, gency, the public health crisis over came to the floor and said that bill did revisions in terms of the period of time COVID–19. crazy stuff. He repeated it—crazy stuff. that the business had to spend the I listened to my friend from South Well, let’s talk about what the bill did. money. Under the current setup, it is 8 Dakota talk about the amount of What the bill did was to restore the weeks. We think that should be ex- money that has been spent. It is an President’s cash payment to families. tended to a longer period of time. Is amazing amount—I will be the first to You remember that well, I am sure, that crazy stuff? I think, from where I concede it—almost $3 trillion so far. It supported by both political parties. It am standing, it just makes common is the largest ever I can remember— was $1,200 for each adult and $500 for sense that we would do something that well, I will just flatout say ever when each child. It was absolutely necessary basic. Yet the Senate Republican lead- it comes to a rescue package or a relief for families who are struggling to get er has refused to bring that matter to package. Of course, it comes at a time by. the floor of the Senate in the weeks when we are facing the worst economic In the House version that passed last since it was passed, and there is obvi- crisis in America for almost 100 years, Friday, there was a renewed cash pay- ously no meaningful negotiation under- going back to the Great Depression. ment of $1,200 for adults and $1,200 for way, and we are leaving to be gone for There are 38 million uninsured Ameri- children. The amount of money we ini- another week. cans. There are 1.5 million Americans tially allocated for this has been all But the largest measure in the bill so far infected by this virus. The but spent at this point, so this is an that passed the House of Representa- United States, sadly, leads the world— area where we believe, as Democrats, tives included a provision to help State leads the world—when it comes to families still need a helping hand. Why and local governments. My friend and these infections. I would say, when the do the Republicans in the Senate insist colleague from South Dakota talked President calls that a badge of honor, I on not bringing this measure to the about the $150 billion that has been do not. We could have done much bet- floor of the U.S. Senate or at least into given to State and local governments, ter. We should do much better in the meaningful negotiation? Do they be- which, in the end, could be even larger. future. lieve that families across America have I would say to him: Don’t listen to me. Now, in just a matter of days—not received all the money they need to re- Listen to the National Governors Asso- sure when—we will reach the tragic ceive to get through this crisis? I don’t. ciation. Ask Governor Hogan, a Repub- milestone of 100,000 Americans who If they do, they are out of touch. lican from Maryland, if we are all in

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.008 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2569 and have done enough for State and I have given you some highlights of ance coverage to 20 million Americans local governments? We are not even what this bill did. I would just suggest and provides protections for over 100 close. We are not even close, and we and challenge those who call this crazy million Americans in terms of their know it. stuff to come to the floor and be more own personal policies, really making Lost revenue by my State and many specific. What part of what I just de- sure that those with preexisting condi- others is dramatic. So what happens if scribed is crazy stuff—extended COBRA tions have coverage they can afford. At these States don’t have the money to protection for more health insurance this moment in time, the Republican pay their bills? Well, Senator MCCON- for those who are unemployed, extend- Party came up with two lifetime nomi- NELL, in an interview, said: Bank- ing unemployment benefits for the re- nees who are opposed to the extension ruptcy—bankruptcy is an option. Real- mainder of the year, extending the pe- of health insurance in America. The ly? Does he believe we are going to re- riod of payback for small business timing is perfect. store this economy by watching State loans, making sure, as well, that there If you look up the whole question of and local governments go bankrupt? is more money for hospitals? relevance, and you ask: What is the What will be the net result of the I will just state that I have been on most irrelevant thing that has oc- MCCONNELL’s suggestion of bankruptcy the telephone for the last several curred in the midst of this crisis? It is for these State and local governments? weeks with the administrators of hos- the last 3 weeks of the U.S. Senate. We It will mean laying off, perhaps firing, pitals all over the State of Illinois, have been here and put at risk 10,000 policemen, firefighters, EMTs, para- large and small, and I have joined them employees, which is the scale of our medics, and teachers. At a time when with my Republican Members of the workforce in the U.S. Capitol. We have we need to restore our educational cal- House and Democratic Members. We put them at risk. To come here and endar, bring students back to school, have called and opened the lines and never mention the words ‘‘COVID the Senator from Kentucky suggested said: What are you finding? Many of virus’’ or ‘‘coronavirus’’ or ‘‘pandemic’’ bankruptcy, laying off teachers, and these hospitals in the inner cities, as in legislation on the floor of the Senate firing teachers. It makes no sense well as those in rural and smalltown is disgraceful. whatsoever. areas in States across the Midwest are We were elected to serve. We were The bill that passed the House of struggling to survive. elected to respond to America’s needs. Representatives has roughly $1 trillion Yesterday I read a list of six hos- For the last 3 weeks on the floor the for State and local governments. So I pitals in Kentucky that were fur- Senate, we have not. The random com- can tell you, across my State and I am loughing hundreds of employees. In mittee hearing—good. That is what we sure across this Nation, Governors and most of the communities downstate are supposed to do. That is normal. But mayors will step forward and tell you where we have hospitals in Illinois, you would think that Senator MCCON- that is exactly what they need now to they are the major employer, and these NELL would have decided, as the House get back in business. hospitals are hanging on by a thread. decided last week, that this is still the Remember, as Senator MURRAY said What is wrong? A lot of COVID virus No. 1 priority in America. It should be. in response to another suggestion, cases? No, just a fear of COVID virus. Perhaps after we return from the Me- building a bridge halfway across a river One hospital administrator said: We morial Day recess, there will be a sense is not of much value. We need to build have four elective surgeries scheduled of urgency, which, sadly, does not exist a bridge in this economy from where for money, and, Senator, that is where on the Republican side of the aisle of we are today to where we want to be, our revenue comes in to keep this hos- the Senate. with small businesses opening and peo- pital going. Three of the four patients I yield the floor. ple back at work, and the notion that canceled at the last minute. They were The PRESIDING OFFICER (Mr. we can shortchange parts of this econ- afraid of the COVID virus. SCOTT of Florida). The Senator from omy and survive is just wrong. The bill that passed the House of Iowa. There is a provision in that bill in Representatives last week had another the House, too, that I introduced in the $100 million for hospitals. I will tell Mr. GRASSLEY. Mr. President, in 50 Senate. It is not an original idea, but you flatout that there is a sense of ur- minutes we are voting to confirm the others have thought of it too. A third gency there because if you lose—if you nominee as Director of National Intel- of the people who lose their jobs lose lose that community hospital, it is a ligence. Today, I want to discuss Con- their health insurance because that is grievous loss in many parts of our gressman RATCLIFFE’s confirmation as where their health insurance came State, in the rural areas and small Director of National intelligence. from. Their employer used to pay a towns in particular. Yet we have not I want to congratulate that Con- share, and they paid a share, and they even brought that issue up on the floor gressman on a job well done. With this were covered with good policies. But of the Senate over the last 3 weeks. new position comes great responsi- when they lost their job, the next day, We have a lot of work that needs to bility. Congressman RATCLIFFE will they lost their insurance. What were be done. We didn’t do it in the last 3 have tremendous power to do good and their options? Sign up for the Afford- weeks. We considered two circuit court to be transparent. able Care Act, which covers about 20 nominees before the Senate Judiciary I would like to remind Congressman million Americans; perhaps qualifying Committee. One from the State of Ken- RATCLIFFE, as I have reminded many for Medicaid if their family income is tucky is a fellow who has 6 months’ ex- heads of departments before, trans- low enough; or using what is known as perience on the Federal bench. He is parency brings accountability, and the the COBRA Program? The COBRA Pro- being proposed by Senator MCCONNELL public’s business ought to be public. gram says you can keep that policy for a lifetime appointment in the sec- By its very nature, the intelligence you had at your place of employment; ond highest court in the land. Really? community is a secretive bunch. They however, you now are personally re- That is the best Republican nominee often operate in the shadows and have sponsible for both ends of the premium for the second highest court in the to in order to do the job that we ask payment, the employer and the em- land, a man with 6 months’ experience them to do to protect our national se- ployee. Well, that comes out to about as a trial judge? He does have one thing curity. $1,700 a month. Imagine that for an un- in his favor, from Senator MCCON- However, that doesn’t mean when employed person—$1,700 a month in NELL’s point of view: He is completely Congress asks them questions, the in- premium. They can’t do it. So what I opposed to the Affordable Care Act. telligence community has a license to proposed, and what was included in the They came up with another nominee withhold information. bill that passed the House of Rep- from Mississippi yesterday with the When Congress comes knocking, the resentatives, was 100-percent coverage same thing. So they have two nominees intelligence community must answer. for that premium payment under in the midst of a public health crisis in After all, the intelligence community COBRA so that these families would America who are asking for lifetime does not appear anywhere in the Con- have the peace of mind that they would appointments to the court who are op- stitution. The intelligence community continue to have health insurance dur- posed to the Affordable Care Act, a is a creation of Congress; Congress ing the course of this crisis. measure that extended health insur- isn’t a creation of the intelligence

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.010 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2570 CONGRESSIONAL RECORD — SENATE May 21, 2020 community. The intelligence commu- ask yourselves: Why did they do it? On January 5, 2017, the very same day nity answers to us and, in turn, to the Well, the text messages from Strzok as the Oval Office briefing with Obama American people. and Page that I made public help us and Biden, an Obama administration Acting Director Grenell, now in that better understand that question. Their official leaked the existence of the De- position as acting, understood that. He animus toward Trump helped to ex- cember 29, 2016, Flynn call with the is perhaps one of the most transparent plain why the FBI employees cut cor- Russian Ambassador. However, that government officials in my time serv- ners and didn’t follow regular protocol leak hadn’t yet been publicly reported. ing the great people of Iowa. in running their inquiry. Also on January 5, Obama’s Chief of Ambassador Grenell is a breath of As I have mentioned before, Strzok’s Staff requested to unmask Flynn. Ac- fresh air. Mr. RATCLIFFE has some big text to Page about how he will ‘‘stop’’ cording to Deputy Attorney General shoes to fill; that is for sure. Luckily, Trump from becoming President is Yates, when she met with Obama on he has Acting Director Grenell’s exam- very telling. But thanks to Acting Di- that day, Obama already knew about ple to guide him. rector Grenell and Attorney General Flynn’s call with the Russian Ambas- Mr. Grenell’s short time as Acting Barr, these texts can now be read in a sador. She was surprised that Obama Director has resulted in a number of greater context. knew about it already. very important items being declas- For example, on August 15, 2016, On January 11, 2017, U.N. Ambassador sified. For example, he and Attorney Strzok texts Page: Samantha Power requested to unmask General Barr declassified dozens of I want to believe the path that you threw Flynn. She requested this be done footnotes from the Justice Depart- out for consideration in Andy’s office— seven times after the election. She ment’s inspector general’s report that And that was referring to Andrew ought to explain why she did that. show how the Department of Justice McCabe— Then on January 12, 2017, Vice Presi- and the FBI mishandled the Russian that there’s no way Trump gets elected—but dent Biden requested to unmask Flynn. investigation. I’m afraid we can’t take that risk. It’s like That same day, the existence of To give some highlights of what an insurance policy in the unlikely event Flynn’s call with the Russian Ambas- you die before you’re 40. those previously classified footnotes sador was leaked and ran in the Wash- show, let me go through six or seven of The next day, on August 16, 2016, the ington Post. them. FBI opened the Flynn probe, code- Then, in February 2017, the alleged One, the Russian intelligence was named Crossfire Razor. contents of the call were leaked. Those On August 17, 2016, the FBI used a aware of Steele’s anti-Trump research leaks are a criminal action. They are briefing for Trump, who was now the in early July 2016, before the FBI some of the many criminal leaks that Republican nominee, and Flynn to sur- opened Crossfire Hurricane. That occurred during the transition period veil Flynn for his ‘‘mannerisms’’—what means the Russians knew they could and, also, the early days of the Trump is said about it, I don’t know—and possibly use the Steele dossier as a ve- administration, which were obviously whether he mentioned anything about hicle to plant disinformation and sow designed to undermine the new admin- Russia. chaos to undermine the American Gov- Let’s also not forget about the text istration. I assume U.S. Attorney Dur- ernment. ham is investigating all of those leaks. from November 2016 that Senator JOHN- Two, the FBI had an open counter- With respect to the unmasking, what SON and I made public. Those texts be- I would like to know is, Why did so intelligence case on Steele’s key tween Strzok and Page show that the many Obama administration officials source, but they failed to give that in- FBI used a November 2016 briefing for who were not within the intelligence formation to the FISA Court. Presidential transition staff as a coun- field request to unmask Flynn? The The FBI had intelligence that some terintelligence operation. of Steele’s sources had connections to For example, Strzok told Page: sheer volume of unmasking and the Russian intelligence. That is point He can assess if there are any new ques- timing cause me to question whether it three. tions or different demeanor. If Katie’s hus- was politically motivated. Point four, Steele had sources con- band is there, he can see if there are people Based on the facts that we now know, nected to the Presidential administra- we can develop for potential relationships. it appears that the Obama administra- tion, and some supported Clinton, not That is an astounding finding. Imag- tion’s top law enforcement agency, as Trump. ine if that had been done by the Demo- well as the intelligence community, Five, the Crossfire Hurricane team cratic nominee. You wouldn’t hear the engaged in a coordinated effort to cut was aware in late January 2017 that end of it. In fact, they would probably the legs from under the Trump admin- Russian intelligence may have targeted call for another special counsel. Yet istration before they could even get Orbis. Orbis is Steele’s company. because it is Trump and Flynn, the their footing. The American people Six, Steele’s primary subsource media has gone largely quiet. have had to suffer through years of viewed his or her contacts not as a net- On January 4, 2017, the FBI wrote a criminal leaks, innuendos, false news work of sources but, rather, as simply closing memorandum on Flynn that reports, and flatout lies—all designed friends that discussed current events. said the intelligence community could to destroy the Trump administration. Seven, two intelligence reports—one find no derogatory information on him. The Russian investigation should have from January 12, 2017, the other from That should have been the end of it. closed shop early on, especially when February 27, 2017—indicated that infor- Yet on the very same day that the the people they surveilled from the mation contained within the Steele FBI was ready to close the Flynn case, Trump campaign offered exculpatory dossier was a product of Russian Strzok asked another FBI agent: ‘‘Hey, evidence—evidence which showed that disinformation. This information was if you haven’t closed Razor don’t do it the Trump campaign wasn’t involved withheld from the FISA Court, and the yet.’’ The case was still open at that in the Democratic National Committee FBI continued to use the Steele dossier moment and Strzok asked that it be hack and didn’t have the Russian con- to justify surveillance on Carter Page. kept open ‘‘for now.’’ nections the FBI thought they had. By I also want to note a very interesting Strzok then messaged Lisa Page, say- the way, that evidence was hidden from fact about the January 12, 2017, date. ing that Razor still happened to be the FISA Court by the FBI. Not only did the FBI learn that the open because of some oversight and Obama has said DOJ and FBI must be dossier, their ‘‘central and essential’’ said: ‘‘Yeah, our utter incompetence kept independent of White House inter- document, was most likely filled with actually helps us. 20 percent of the ference. Yet, based on information that this Russian disinformation, they then time.’’ we have at this point, it appears that failed to inform the FISA Court about Then the next day, on January 5, he and Biden were much more involved it on the very same day that the FBI 2017, President Obama met with Direc- in aspects of the Russia investigation got the FISA renewal on Carter Page. tor Comey, Deputy Attorney General than they would like to have us be- Do you know what? It was renewed two Sally Yates, Vice President Biden, and lieve. more times. National Security Advisor Susan Rice. Ultimately, Obama and Biden will My fellow Americans, what the FBI In that meeting, they briefed Obama on have to answer for what they knew and did is a complete travesty. You have to the Russia investigation. when they knew it. That shouldn’t be a

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.011 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2571 problem for the so-called most trans- partment or agency’’ when such activ- This was a pattern throughout the parent administration in history, as ity ‘‘directly affects a matter other- hearing. JOHN RATCLIFFE had his talk- they used to tell us all the time. wise within the jurisdiction of such ing points down, but the moment he Simply said, heads need to roll over committee.’’ was asked anything specific, he danced this. If they don’t, the intelligence The Senate Judiciary Committee has away. I am just going to take a few community, the Department of Jus- jurisdiction over all Federal courts, in- minutes to give some examples. Obvi- tice, and the Federal Bureau of Inves- cluding the Foreign Intelligence Sur- ously, it is critically important to tigation may never get the people’s veillance Court, where a lot of intel- know a nominee’s views for this posi- trust. ligence activity takes place. Of course, tion on the question of spying on Where do we go from here? On May all of Congress, not just any one com- Americans. 12, 2020, I wrote a letter to Acting Di- mittee or any one Senator, has the I asked JOHN RATCLIFFE three times rector Grenell that requested a broad constitutional authority over the intel- in prehearing questions, at the hearing, range of information relating to un- ligence community. and again after the hearing, whether masking by the Obama administration. In conclusion, please, Congressman the statute that prohibits warrantless On May 19, I expanded that request RATCLIFFE and, please, the greater in- wiretapping on Americans was binding. with Senator JOHNSON. Prior to that, I telligence community, remember you Each time, JOHN RATCLIFFE left him- wrote to the Justice Department and were created by statute, but Congress self lots of wiggle room to suggest that Mr. Grenell, requesting that the tran- was created by the Constitution. whatever this law said, the President scripts of Flynn’s calls with the Rus- I yield the floor. might have ways to go around it. He sian Ambassador and Susan Rice’s infa- The PRESIDING OFFICER. The Sen- also said he would work with the At- mous January 20, 2017, email to herself ator from Oregon. torney General, who we know has ex- be declassified, among other things. Mr. WYDEN. Mr. President, in a few plicitly said that he doesn’t believe the That email has now been declassified minutes, the Senate is going to vote on foreign intelligence surveillance law is and casts further doubts on the FBI’s the nomination of JOHN RATCLIFFE to binding on the President. actions. be Director of National Intelligence. I This is really where JOHN RATCLIFFE I have also requested, along with have come to the floor to discuss this could be dangerous. With Donald Senator JOHNSON, underlying intel- important nomination. Trump as President and William Barr ligence reports from the Russia inves- Senators often come to this floor to as Attorney General, the leadership of tigation. Moreover, reports suggest talk about the importance of speaking the intelligence community is one of that the Obama administration un- truth to power. JOHN RATCLIFFE, in his democracy’s last lines of defense. That masked a lot more U.S. persons related statement before the Intelligence Com- is why the American people need a Di- to the Trump campaign than just Gen- mittee and in his written responses, re- rector of National Intelligence who un- eral Flynn. vealed he would not speak truth to derstands how the law protects their The responsibility to respond to power; he would surrender to it. He rights and won’t start conducting these requests will now fall on Con- demonstrated that he is so eager to warrantless wiretapping on Americans gressman RATCLIFFE. Hopefully, he is serve power, he will twist the truth, just because the Attorney General as helpful to congressional oversight and he showed this again and again. wrongly claims that it is legal. and public accountability as Ambas- For example, in the name of helping Nothing that JOHN RATCLIFFE has sador Grenell. Let’s see it all. The power, we saw him dance around direct said during his confirmation process or American public has waited long questions about whether he would re- throughout his career provides a glim- enough. spect or even understood the law. JOHN mer of hope that he is a person who Finally, I want to remind Congress- RATCLIFFE made a number of ex- would speak truth to power and stand man RATCLIFFE and the intelligence tremely disturbing statements that up for the rights of Americans. community of the hold I placed on Wil- make it clear that he has and will mis- There are plenty more reasons to op- liam Evanina. I did that 2 years ago. I represent and politicize intelligence pose this nomination, but in the inter- placed that hold in my capacity as without a moment’s hesitation. est of time, I am going to focus on just chairman of the Judiciary Committee. I asked the Congressman at his hear- one more, and that is JOHN RATCLIFFE’s I have explained in detail many ing about a law that requires a public, blatant misrepresentation and politi- times before why I placed a hold on unclassified report on who was respon- cizing of intelligence. This was obvious him, and I am not going to bother ex- sible for the murder of the Washington in how he talked about the intelligence plaining it again, other than to men- Post journalist and U.S. resident, community’s assessment that the Rus- tion that Deputy Attorney General Jamal Khashoggi. This was a law sians interfered in the 2016 election to Rosenstein agreed to give me the docu- passed by the Congress and signed by help Donald Trump. This is a view un- ments, and he never did. In turn, Gen- the President of the United States. disputed within the intelligence com- eral Rosenstein blamed Director Coats, This law required the Director of Na- munity. The Senate Intelligence Com- who then blamed Rosenstein. tional Intelligence to produce that un- mittee looked at it up and down, and it You have heard it before—all of my classified report on who killed Jamal was the unanimous judgment of the In- colleagues have. Whether you have a Khashoggi and what the circumstances telligence Committee that it was true. Republican or Democratic administra- were in February. That has never hap- Yet for JOHN RATCLIFFE, the intel- tion, it is your typical bureaucratic pened. ligence really doesn’t matter. All that blame game. Thanks to Acting Direc- At his nomination hearing, I simply matters is that he makes Donald tor Grenell and Attorney General Barr, asked the Congressman whether the Trump happy. If Donald Trump doesn’t the blame game has ended. government was bound by the law. In want to acknowledge that the Russians But, importantly, especially for fu- his response, the Congressman called helped him, then those are JOHN ture administrations and for Congress- the law a request for unclassified infor- RATCLIFFE’s marching orders. man RATCLIFFE, I want to make very mation. That is how he referred to this It is the exact opposite of speaking clear that the Judiciary Committee’s law. Then the Congressman promised truth to power and that is why, at the jurisdiction extends to the intelligence to take a look at it. In his own words, beginning of my remarks, I described community. Since the authorization JOHN RATCLIFFE wouldn’t commit to his views with respect to power as not resolution that created the Senate Se- following that important law without speaking truth but totally surren- lect Committee on Intelligence, the knowing the circumstances of who dering to power. Senate explicitly reserved for other killed Jamal Khashoggi. I believe it is He is also perfectly happy to mis- standing committees, such as the Sen- open season on journalists. represent the intelligence even when it ate Judiciary Committee, independent How JOHN RATCLIFFE danced around is public and we can read it with our authority to ‘‘study and review any in- that question of whether he would own eyes. Three times during his hear- telligence activity’’ and ‘‘to obtain full comply with the law is a disqualifica- ing, he said that the Russians did not and prompt access to the product of tion by itself to be the head of national succeed in changing the outcome of the the intelligence activities of any de- intelligence. 2016 election. This position of JOHN

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.012 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2572 CONGRESSIONAL RECORD — SENATE May 21, 2020 RATCLIFFE directly contradicts what The PRESIDING OFFICER (Mrs. The bill clerk read the nomination of the Intelligence community had writ- FISCHER). Without objection, it is so John Leonard Badalamenti, of Florida, ten in plain English. It said: ‘‘We did ordered. to be United States District Judge for not make an assessment of the impact VOTE ON RATCLIFFE NOMINATION the Middle District of Florida. that Russian activities had on the out- The PRESIDING OFFICER. The The PRESIDING OFFICER. Under come of the 2016 election.’’ So I asked question is, Will the Senate advise and the previous order, with respect to the JOHN RATCLIFFE where he got his infor- consent to the Ratcliffe nomination? Ratcliffe nomination, the motion to re- mation. He referred back to the Intel- Mr. SCOTT of Florida. Madam Presi- consider is considered made and laid ligence community’s assessment and dent, I ask for the yeas and nays. upon the table, and the President will the committee’s report, neither of The PRESIDING OFFICER. Is there a be immediately notified of the Senate’s which supported JOHN RATCLIFFE’s sufficient second? action. statements. There appears to be a sufficient sec- The Senator from Maryland. You have to ask yourself, Why would ond. CORONAVIRUS JOHN ATCLIFFE R say something that is The clerk will call the roll. Mr. CARDIN. Madam President, I obviously not true? That is because The bill clerk called the roll. know that we are all looking forward Donald Trump wants us to believe that Mr. THUNE. The following Senators to trying to finish our legislative work he didn’t benefit from Russian inter- are necessarily absent: the Senator this week. The majority leader has an- ference, and that, first and foremost, is from Tennessee (Mr. ALEXANDER), the nounced that next week the Senate what matters to JOHN RATCLIFFE. If Senator from North Carolina (Mr. will be in recess for the traditional Me- JOHN RATCLIFFE is willing to misrepre- BURR), the Senator from Alaska (Ms. morial Day recess. sent intelligence assessments that are Let me just urge our colleagues that MURKOWSKI), and the Senator from already public that anybody can read before we leave for the recess, we need South Dakota (Mr. ROUNDS). for themselves, my take is there is no Further, if present and voting, the to act on the challenges that COVID–19 telling how he would misrepresent in- is imposing on our State and local gov- Senator from Tennessee (Mr. ALEX- telligence that is still classified. ernments. To me, it would be irrespon- There is every reason to believe his ANDER) would have voted ‘‘yea.’’ Mr. DURBIN. I announce that the sible for us to leave and go into recess public statements would be designed recognizing that our State and local Senator from Massachusetts (Mr. MAR- for one purpose and one purpose only, governments are so much impacted by KEY), the Senator from Washington and that is to make sure that Donald COVID–19. (Mrs. MURRAY), and the Senator from Trump is pleased. Neither the Congress They are making decisions now. They Vermont (Mr. SANDERS) are necessarily nor the American people have any rea- have to put their budgets together. absent. son to trust that JOHN RATCLIFFE’s tes- They have to adjust this year’s budget The PRESIDING OFFICER. Are there timony or his other public statements and plan for next year’s budget. What any other Senators in the Chamber de- are accurate. is in the balance? Well, it is our mu- siring to vote? My view is this kind of approach nicipalities, it is law enforcement, it is The result was announced—yeas 49, taken by the Director of National In- police, it is fire, it is emergency rescue. nays 44, as follows: telligence is a real threat to democ- For our counties, it is our schools and racy. When the Director of National In- [Rollcall Vote No. 101 Ex.] funding of our schools. It also deals telligence demonstrates that he is will- YEAS—49 with public health for our State. It is ing to bury the actual intelligence and Barrasso Gardner Portman public health and so many other dif- say whatever makes Donald Trump Blackburn Graham Risch ferent issues that are dependent upon happy at any particular moment, the Blunt Grassley Roberts the State having the resources in order American people are going to lose con- Boozman Hawley Romney Braun Hoeven to respond to the needs of their citi- fidence and lose confidence quickly. Rubio Capito Hyde-Smith Sasse zens—our constituents—as well as to It is not just about foreign inter- Cassidy Inhofe Scott (FL) deal with the challenges of COVID–19. ference in our democracy. That is plen- Collins Johnson Scott (SC) Cornyn Kennedy I will give you one example on that. ty serious as it is. It is about other Shelby Cotton Lankford Sullivan This week, by teleconference with rep- threats from countries like Iran, North Cramer Lee Thune resentatives of our higher education, Korea, and China. It is about weapons Crapo Loeffler Tillis University of Maryland—they depend of mass destruction and terrorism. It is Cruz McConnell Daines McSally Toomey very much on the revenues they get about whether the government is se- Enzi Moran Wicker from the State and the revenues they cretly spying on Americans without a Young Ernst Paul get from their students. Both are very warrant or committing torture. Ulti- Fischer Perdue much in jeopardy today. The least we mately, it is about the issue of war and NAYS—44 can do is to make sure that the States peace and whether Americans will be Baldwin Harris Rosen have the resources to continue these asked to die for our country. Bennet Hassan Schatz critical missions. They just don’t have The American people look to intel- Blumenthal Heinrich Schumer ligence leaders for the facts—the facts, Booker Hirono Shaheen it. Brown Jones Let me give you some of the numbers the unvarnished truth on these and Sinema Cantwell Kaine Smith so that my colleagues are aware of it. other issues, which is why it is so im- Cardin King Stabenow For the State of Maryland, in the rev- portant this position must have a foun- Carper Klobuchar Tester Casey Leahy enue projections for the current fiscal Udall dation of credibility. Coons Manchin Van Hollen year that ends June 30, the revenues Time and again, JOHN RATCLIFFE has Cortez Masto Menendez Warner will be off by as much as $925 million to demonstrated that he does not clear Duckworth Merkley that lowest bar; that bar that means Durbin Murphy Warren $1.25 billion. Those are revenue losses. Feinstein Peters Whitehouse On top of that, their fiscal year 2022 you have to have credibility in this po- Gillibrand Reed Wyden sition, and I urge my colleagues, when revenue projection is another loss of we vote in a few minutes, to reject NOT VOTING—7 $2.1 to $2.4 billion. That is for the State of Maryland. Those are not our subdivi- JOHN RATCLIFFE’s nomination to be Di- Alexander Murkowski Sanders Burr Murray sions. rector of National Intelligence. Markey Rounds I yield the floor. Baltimore City is projecting a reduc- I suggest the absence of a quorum. The nomination was confirmed. tion in revenues by $141 million this The PRESIDING OFFICER. The f year. That is going to require layoffs. clerk will call the roll. They have already talked about layoffs The legislative clerk proceeded to EXECUTIVE CALENDAR and not hiring additional police offi- call the roll. The PRESIDING OFFICER. The Sen- cers. Those police officers are needed in Mr. SCOTT of Florida. Madam Presi- ate will resume consideration of the order to keep Baltimore safe. We know dent, I ask unanimous consent that the following nomination, which the clerk the challenges we have in our munic- order for the quorum call be rescinded. will report. ipal centers, and Baltimore City is

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.013 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2573 under a consent order decree. That is Maryland, and Governor Cuomo, the The PRESIDING OFFICER (Mr. being jeopardized by the inability of Democratic Governor from New York, YOUNG). Without objection, it is so or- Baltimore to deal with these costs. have joined with all of our Governors dered. They have to balance their budget. in saying that they need help now from (The remarks of Mr. CRUZ pertaining The State of Maryland has to balance the Federal Government in order to to the introduction of S. 3835 are print- its budget. Baltimore City has to bal- maintain critical missions of public ed in today’s RECORD under ‘‘State- ance its budget. It doesn’t have the lee- safety, of public health, of education ments on Introduced Bills and Joint way we have in order to respond to a and, yes, to meet the direct needs re- Resolutions.’’) crisis by pumping money at a problem. lated to COVID–19. They need help Mr. CRUZ. I yield the floor. Baltimore County has a $172 million now. Yes, we need to respond. CLOTURE MOTION revenue projection. That is a 22-percent I am pleased that there is a bipar- The PRESIDING OFFICER. Pursuant reduction in this year’s budget in re- tisan group of Senators who have filed to rule XXII, the Chair lays before the gard to income tax revenues alone. the SMART Act. The Governors say Senate the pending cloture motion, They have a 70-percent reduction in they need $500 billion in order to get which the clerk will state. motel and hotel tax revenues. through this immediate crisis—$500 bil- For Montgomery County, our neigh- lion more. Well, the SMART Act pro- The legislative clerk read as follows: bor that borders DC, there is a $250 mil- vides $500 billion. Two-thirds would go CLOTURE MOTION lion projected revenue loss for this to the State and one-third to the local We, the undersigned Senators, in ac- year. Prince George’s County has a $134 governments. That is an important cordance with the provisions of rule million revenue loss for this year, and start, but we could do better than that. XXII of the Standing Rules of the Sen- that includes a reduction of $886 mil- The HEROES Act, the bill that ate, do hereby move to bring to a close lion in income tax revenues. Anne passed the House of Representatives, debate on the nomination of John Arundel County anticipates a $63 mil- provides $875 billion, and 57 percent Leonard Badalamenti, of Florida, to be lion loss of revenue. They have frozen goes to the States, meeting what the United States District Judge for the all positions. Howard County projects a States need; that is, basically the Middle District of Florida. $30 to $40 million loss of revenue. They States’ needs. And 42 percent goes to Mitch McConnell, Chuck Grassley, Joni normally have a growth of $25 million. local governments, half to the coun- Ernst, John Barrasso, Deb Fischer, That is a swing of $55 million to $65 ties, half to municipalities over 50,000. John Cornyn, Roger F. Wicker, Roy That would go a long way to meeting Blunt, John Thune, Rob Portman, million for a county that wasn’t large Shelley Moore Capito, Steve Daines, enough to get direct help under the the needs of our local first responders, our police, our fire, our emergency res- Lindsey Graham, Pat Roberts, Cindy CARES Act. Hyde-Smith, Richard Burr, Mike I mention the CARES Act because it cue, our schools. Those types of issues Crapo. was an important bill. When we first could be addressed under that need. We have to respond. We just can’t go The PRESIDING OFFICER. By unan- took it up, it did not include a robust imous consent the mandatory quorum provision for State and local. We put home and say that this is not our prob- lem. These are our constituents. They call has been waived. that in on the Senate floor, and we are The question is, Is it the sense of the pleased we were able to do that. It is depend upon local police and fire. They depend upon our schools being prepared Senate that debate on the nomination limited. It is limited because the of John Leonard Badalamenti, of Flor- money that we made available under to educate their children. They depend upon sanitation being collected. They ida, to be United States District Judge the CARES Act provided help to State depend upon the public health capac- for the Middle District of Florida, shall and local governments on their direct ities. That is where they get those be brought to a close? costs associated with COVID–19. That services. If we don’t provide the where- The yeas and nays are mandatory money has been used for direct costs withal under the balanced budget rules, under the rule. associated with COVID–19. they are not going to be able to provide The clerk will call the roll. I have already pointed out the rev- those essential services. The legislative clerk called the roll. enue losses in the State of Maryland My plea is that before we go into re- Mr. THUNE. The following Senators and in our subdivisions. The CARES cess, let us take up at least the issues are necessarily absent: the Senator Act doesn’t provide any help in regard affecting State and local governments from Tennessee (Mr. ALEXANDER), the to making up for the revenue losses. and do something to help so that they Senator from North Carolina (Mr. The CARES Act went only to jurisdic- can continue to provide essential serv- BURR), the Senator from Alaska (Ms. tions of 500,000 or more—over 500,000. ices to our constituents and they can MURKOWSKI), and the Senator from Only a few of our counties were eligi- deal with the direct costs associated South Dakota (Mr. ROUNDS). ble for help in my State. Most of our with COVID–19 in their communities. Further, if present and voting the counties were not eligible for help di- As we are beginning to reopen our rectly. They had to apply through the Senator from Tennessee (Mr. ALEX- communities, we need to make sure ANDER) would have voted ‘‘yea.’’ State, but they were not eligible for di- our State and local governments have rect help. Mr. DURBIN. I announce that the the resources to respond to the chal- Senator from Massachusetts (Mr. MAR- Let me give you one county: lenges when more people are getting Wicomico County, Eastern Shore of KEY), the Senator from Washington together. We also need to respond if we (Mrs. MURRAY), and the Senator from Maryland. That is where the poultry are going to get our economy back on processing plants are located. That is Vermont (Mr. SANDERS) are necessarily track. It is not going to get back on absent. where the problems of COVID–19 need- track if our State and local govern- ed to be contained. We did not provide The PRESIDING OFFICER. Are there ments are laying off their workers. We any other Senators in the Chamber de- any direct help to Wicomico County in need to respond in a positive way, and regard to stabilization funds. That was siring to vote? we need to do that now. The yeas and nays resulted—yeas 65, wrong. I urge my colleagues to take up legis- nays 28, as follows: As we all know, we treated our host lation before we go into recess in order jurisdiction here, the District of Co- to help the people of our Nation [Rollcall Vote No. 102 Ex.] lumbia, wrongly by not allowing them through our State and local govern- YEAS—65 to get the same minimum distribution ments. Barrasso Cramer Graham as a State. The CARES Act helped, but I suggest the absence of a quorum. Blackburn Crapo Grassley it didn’t deal with the current crisis The PRESIDING OFFICER. The Blunt Cruz Hassan Boozman Daines Hawley that we now find at State and local clerk will call the roll. Braun Duckworth Hoeven governments. The senior assistant legislative clerk Capito Durbin Hyde-Smith The Governors have issued a bipar- proceeded to call the roll. Carper Enzi Inhofe tisan plea. Governor Hogan, who is the Mr. CRUZ. Mr. President, I ask unan- Cassidy Ernst Johnson Collins Feinstein Jones chair of the National Governors Asso- imous consent that the order for the Cornyn Fischer Kennedy ciation, the Republican Governor from quorum call be rescinded. Cotton Gardner King

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.017 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2574 CONGRESSIONAL RECORD — SENATE May 21, 2020 Lankford Peters Shelby The PRESIDING OFFICER. The The legislative clerk read as follows: Leahy Portman Sinema question is on agreeing to the motion. Lee Reed Sullivan CLOTURE MOTION Loeffler Risch Tester The motion was agreed to. We, the undersigned Senators, in accord- Manchin Roberts Thune f ance with the provisions of rule XXII of the McConnell Romney Tillis Standing Rules of the Senate, do hereby McSally Rubio Toomey EXECUTIVE SESSION move to bring to a close debate on the nomi- Moran Sasse Whitehouse Murphy Scott (FL) nation of James H. Anderson, of Virginia, to Wicker Paul Scott (SC) be a Deputy Under Secretary of Defense. Young Perdue Shaheen EXECUTIVE CALENDAR Mitch McConnell, David Perdue, Jerry Moran, Rob Portman, Michael B. Enzi, NAYS—28 Mr. MCCONNELL. Mr. President, I Deb Fischer, Kevin Cramer, John Baldwin Gillibrand Schumer move to proceed to executive session to Thune, John Boozman, Shelley Moore Bennet Harris Smith Capito, Marco Rubio, Todd Young, Blumenthal Heinrich consider Calendar No. 652. Stabenow John Barrasso, James Lankford, Tim Booker Hirono Udall The PRESIDING OFFICER. The Scott, James E. Risch, Cindy Hyde- Brown Kaine Van Hollen question is on agreeing to the motion. Cantwell Klobuchar Warner The motion was agreed to. Smith. Cardin Menendez Warren The PRESIDING OFFICER. The f Casey Merkley Wyden Coons Rosen clerk will report the nomination. LEGISLATIVE SESSION Cortez Masto Schatz The legislative clerk read the nomi- Mr. MCCONNELL. Mr. President, I nation of Brian D. Miller, of Virginia, NOT VOTING—7 move to proceed to legislative session. to be Special Inspector General for Alexander Murkowski Sanders The PRESIDING OFFICER. The Burr Murray Pandemic Recovery (New Position). Markey Rounds question is on agreeing to the motion. CLOTURE MOTION The motion was agreed to. The PRESIDING OFFICER. On this Mr. MCCONNELL. Mr. President, I f vote, the yeas are 65, the nays are 28. send a cloture motion to the desk. The motion is agreed to. The PRESIDING OFFICER. The clo- EXECUTIVE SESSION The majority leader. ture motion having been presented f under rule XXII, the Chair directs the EXECUTIVE CALENDAR LEGISLATIVE SESSION clerk to read the motion. The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I CLOTURE MOTION move to proceed to executive session to move to proceed to legislative session. consider Calendar No. 644. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the The PRESIDING OFFICER. The question is on agreeing to the motion. question is on agreeing to the motion. The motion was agreed to. Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- The motion was agreed to. f nation of Brian D. Miller, of Virginia, to be The PRESIDING OFFICER. The EXECUTIVE SESSION Special Inspector General for Pandemic Re- clerk will report the nomination. covery (New Position). The legislative clerk read the nomi- Mitch McConnell, Cindy Hyde-Smith, nation of Drew B. Tipton, of Texas, to EXECUTIVE CALENDAR John Boozman, Tim Scott, Marsha be United States District Judge for the Blackburn, Chuck Grassley, Steve Mr. MCCONNELL. Mr. President, I Daines, Mike Crapo, Richard Burr, Southern District of Texas. move to proceed to executive session to John Cornyn, David Perdue, Martha CLOTURE MOTION consider Calendar No. 655. McSally, John Thune, James M. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Inhofe, Kevin Cramer, Ted Cruz, Cory send a cloture motion to the desk. question is on agreeing to the motion. Gardner. The PRESIDING OFFICER. The clo- The motion was agreed to. f ture motion having been presented The PRESIDING OFFICER. The under rule XXII, the Chair directs the LEGISLATIVE SESSION clerk will report the nomination. clerk to read the motion. The legislative clerk read the nomi- Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: nation of Victor G. Mercado, of Cali- move to proceed to legislative session. CLOTURE MOTION fornia, to be an Assistant Secretary of The PRESIDING OFFICER. The Defense. We, the undersigned Senators, in accord- question is on agreeing to the motion. ance with the provisions of rule XXII of the CLOTURE MOTION The motion was agreed to. Standing Rules of the Senate, do hereby Mr. MCCONNELL. Mr. President, I f move to bring to a close debate on the nomi- send a cloture motion to the desk. nation of Drew B. Tipton, of Texas, to be The PRESIDING OFFICER. The clo- EXECUTIVE SESSION United States District Judge for the South- ture motion having been presented ern District of Texas. under rule XXII, the Chair directs the Mitch McConnell, Deb Fischer, Steve clerk to read the motion. The legisla- EXECUTIVE CALENDAR Daines, Cory Gardner, Tim Scott, Ted Cruz, David Perdue, James E. Risch, tive clerk read as follows: Mr. MCCONNELL. Mr. President, I Roger F. Wicker, Pat Roberts, Lindsey CLOTURE MOTION move to proceed to executive session to Graham, Mike Crapo, Michael B. Enzi, We, the undersigned Senators, in accord- consider Calendar No. 656. John Barrasso, Marsha Blackburn, ance with the provisions of rule XXII of the The PRESIDING OFFICER. The John Thune, Richard C. Shelby. Standing Rules of the Senate, do hereby question is on agreeing to the motion. Mr. MCCONNELL. Mr. President, I move to bring to a close debate on the nomi- The motion was agreed to. ask unanimous consent that the man- nation of Victor G. Mercado, of California, to be an Assistant Secretary of Defense. The PRESIDING OFFICER. The datory quorum calls for the cloture Mitch McConnell, David Perdue, Jerry clerk will report the nomination. motions be waived. Moran, Rob Portman, Michael B. Enzi, The legislative clerk read the nomi- The PRESIDING OFFICER. Without Deb Fischer, Kevin Cramer, John nation of James H. Anderson, of Vir- objection, it is so ordered. Thune, John Boozman, Shelley Moore ginia, to be a Deputy Under Secretary The Senator from Missouri. Capito, Marco Rubio, Todd Young, of Defense. CORONAVIRUS John Barrasso, James Lankford, Tim CLOTURE MOTION Scott, James E. Risch, Cindy Hyde- Mr. BLUNT. Mr. President, we have Smith. Mr. MCCONNELL. Mr. President, I seen things in the pandemic crisis that f send a cloture motion to the desk. nobody in living memory has dealt The PRESIDING OFFICER. The clo- with. In so many ways we are writing LEGISLATIVE SESSION ture motion having been presented the book and trying to read the book Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the at the same time, trying to figure out move to proceed to legislative session. clerk to read the motion. how we get to where we need to be.

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.001 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2575 Clearly there has been an incredible Last month, the Substance Abuse Federal resources are critical, but strain on the American economy and and Mental Health Services Adminis- most of the response and most of the an incredible strain on the American tration reported nearly a 900-percent— important work will be done at the healthcare system and everybody in- a 900-percent—increase in the number local level, so the Congress also unani- volved with that. of calls to its Disaster Distress Hotline mously agreed, in the CARES Act, to Public health experts told us we had over this time last year. Nine times as extend the excellence in mental health to flatten the curve, and the economic many people are calling that distress and addictive treatment demonstration cost of flattening the curve was pretty helpline, that Disaster Distress Hot- program through November 30. great. On the other side of that equa- line, than were calling a year ago. We added two States. I talked to tion, the impact on hospitals was sig- Practitioners in behavioral health CMS this morning about moving for- nificant in that many of them have issues see the impact every day. They ward in adding those next 2 States to been ready and waiting for whatever are certainly warning that this could the 19 States that originally applied. they needed to do, and because we flat- produce its own second wave of impact This program was first authorized in tened the curve, the worst-case sce- that lasts well beyond the time we 2014 in some legislation that Senator have treatment for coronavirus be- narios didn’t occur, and in most cases STABENOW from Michigan and I had they were prevented, and we had plenty cause people, even if they have had the sponsored at the time that created the of hospital beds. Before it was over, we vaccine, even if they have stopped wor- whole concept of certified community had ventilators and all those things we rying about the coronavirus, have behavioral health clinics that care for will have later. found themselves in a place with their patients regardless of where they live mental health issues that they don’t But the crisis, because of flattening or their ability to pay—24-hour, 7-day- want to be but might not be able to fig- the curve, has certainly lasted longer a-week access. It was necessary, if you and will last longer than it would have ure out how to get out of. If we don’t respond quickly and we were going to be part of that program, otherwise. I am not saying that is a that you could get preventative bad thing; I am just saying measures don’t respond forcefully, we could cer- tainly lose more lives to this pan- screenings, you would have care coordi- like closing businesses and sending nation with your other healthcare pro- people home from work, practicing so- demic. One new study from the Well Being Trust estimates that 75,000 more viders. cial distancing, putting people on the By the way, if you have a behavioral unemployment rolls have really cre- people will die from things like suicide and substance abuse because of the health issue, it clearly has impact on ated serious problems for people who what other health issues you might have cause to have challenges to their pandemic. We are already seeing evi- dence that that may be a place where have. If you are dealing with that be- mental well-being. havioral health issue in the right way, I think the impact is that nearly half we are moving. you are going to save a lot of money the adults in the United States say My hometown newspaper, the Spring- and a lot of caregiver time in most that the coronavirus has impacted field News-Leader, reported this week cases as you deal with your other their mental health. This is on top of that Greene County, my home county, issues if you are doing what you should the statistic we traditionally believe the first place I was elected as a county be doing. If you are feeling better from the National Institutes of Health official, has already seen a 25-percent about yourself, if you are taking your and other places that one out of four or uptick in suicide and overdose deaths medicine, eating better, sleeping bet- one out of five adult Americans has a in the last couple of months. May is Mental Health Awareness ter, showing up for appointments, your diagnosable—and I wouldn’t hesitate to Month. I think it is appropriate for us other health costs are going to go add an almost always treatable behav- to talk about the ways that down. So not only is this the right ioral health problem—mental health coronavirus has widened the gap in the thing to do, but it also, in my view, problem. But coming through the medical system between access to will turn out to be a money-saving coronavirus, again, one half of all physical health issues and access to thing to do, to invest money where it adults say that their mental health has mental health issues. needs to be invested. been impacted by that, whether that This is the month and the time we In eight States that have the cer- was social distancing or everybody try- need to realize that you can’t separate tified centers under the Excellence in ing to do everything that you normally those issues. We need to realize that Mental Health Act, those patients have do at other places than home. Maybe it those issues are of equal concern and reported a 62-percent reduction in both was economic uncertainty, which, need to be treated equally. hospitalization and emergency room along with the isolation, can certainly As I mentioned before, the estimate visits. Probably that one statistic, on create depression and anxiety. generally is somewhere in the neigh- It is, in almost all cases, likely to be its own, may have offset whatever in- borhood that one in four Americans vestment we have made in this mental worse for people who had a prior men- has a diagnosable mental health issue, tal health problem or a prior mental health program. People not going to but the other estimate is that less than emergency rooms, obviously, means health diagnosis, but those aren’t the half of them seek any help or the care only people who have been affected. you are less likely to come in contact they need. with people who have COVID–19 or Addiction issues have become a big- As that number has grown now to some other virus. ger problem, again, than they were 6 one in two saying that they have con- months ago. People who don’t have ac- cerns about their mental health or that We need to be sure we are using tele- cess to their support system, people their mental health is not where it was health to connect you with your who were moving with great focus on before this all started, we see a coming healthcare provider, whether that is a the part of the Federal Government together of factors here that we have mental health provider or another pro- and many State governments away to figure out how to deal with. We need vider. That is critically important. from opioid addiction are in a situation to take steps on how to address it. We People who are struggling with men- where they are isolated; they are de- need to realize that more needs to be tal health or addiction are particularly pressed; they are concerned about job done. We need to continue to work to- challenged right now. We need to let or family or health and beginning to ward the normalization of treating all them know they are not forgotten, and think: What was that one thing that health the same. no matter how alone they feel, they are really made me feel good? Well, maybe In the CARES Act, the Congress did not alone, and the Congress is paying I can just do that one more time and provide $425 million for substance attention to this, but we need to pay have that great feeling, and I wouldn’t abuse and mental health services. That attention to the people on the get addicted again. includes more than half of that—$250 frontlines who are assuring that the It turns out that addiction doesn’t million—to certified community be- right things are done in the right way work that way. So we see people with havioral health clinics; $50 million for at the right time. unprecedented challenges as this al- suicide prevention; and $100 million for I yield the floor. most perfect storm impacting mental emergency response grants to address The PRESIDING OFFICER. The Sen- health hits us. substance and mental health disorders. ator from North Dakota.

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.035 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2576 CONGRESSIONAL RECORD — SENATE May 21, 2020 NOMINATION OF MAJOR GENERAL SCOTT lem that has plagued Western States will be home this weekend thinking SPELLMON that operate under the prior appropria- about Eagle Point and Central Point— Mr. CRAMER. Mr. President, first of tion doctrine. On a bipartisan basis, is I want to make sure our country all, I just want to associate myself Democrats and Republicans from West- never ever diminishes the significance with the words of my colleague Sen- ern States have been frustrated by an of this day. ator BLUNT. I couldn’t say it as elo- Army Corps that either ignores States Never should our country take away quently. I certainly couldn’t improve and Tribes or needlessly inserts extra our determination to honor those who upon it. I am just going to say I com- bureaucracy into decisions that are pay the ultimate price in service to pletely agree. Thank you. really not theirs to make. Once again, America, and it shouldn’t cause us to The real purpose for my coming to General Spellmon listened intently to forget that Memorial Day can be the floor today is to demonstrate my the concern and provided thorough, hard—very, very hard on the parents support for MG Scott Spellmon of the honest responses to be used as a guide- and spouses and children and friends U.S. Army Corps of Engineers. post for Corps policy moving forward. our fallen heroes left behind. I know General Spellmon is up for a pro- Of equal importance, he acknowl- when I am recognized to speak in Cen- motion to Lieutenant General and has edged the flaws within his own organi- tral Point and in Eagle Point, I look been nominated to become the Chief of zation. In my time in Congress, hon- out in the crowd, and I always see fam- Engineers and Commanding General to esty sometimes seems to be missing ily members with a Kleenex by their replace General Semonite as he retires. but not with General Spellmon. He has eye, trying to remember and at the Since coming to the Senate, General proven he is willing to listen and be re- same time deal with the inevitable Semonite and I have become well ac- quainted with each other. While we sponsive in a forthright manner, and I grief. This Memorial Day, I am going haven’t always agreed, I do appreciate thank him for that. to be thinking of all of those who have I am confident General Spellmon will his service, his very hard work, and his come year after year to Central Point continue to listen to Western States accessibility, especially during this and Eagle Point in Southern Oregon to and provide the necessary deference to COVID–19 pandemic. do something very, very important: to His retirement is well earned, and I them pursuant to congressional intent speak up for Oregon on the importance thank him for his service and wish him and to our Nation’s Constitution. I and appreciation we have for those who well. have appreciated getting to know the made the ultimate sacrifice. As a member of the Armed Services general, and while my oversight and My view is, this year, on Memorial Committee and the Environment and questions may not have always been Day, it is more important than ever to Public Works Committee, I serve on the most enjoyable to him, he has reach out and connect with those folks two of the Army Corps committees of proven to be up to the task of replacing who are remembering loved ones they jurisdiction. As many of my colleagues General Semonite. I support his nomi- have lost in the line of duty—to give can attest, it is a rare occasion that I nation and promotion, and I hope his them a call, ask how they are holding compliment the Corps. It is an agency exemplary service will be replicated by up—because the last few months, in that is the epitome in many cases of the rest of the bureaucracy he is going particular, have been tough on every- cumbersome bureaucracy. to lead. body, and their sacrifice shouldn’t be I am not unique in my frustration. I yield the floor. forgotten. During our last EPW hearing with the The PRESIDING OFFICER. The Sen- I know when I am home in Southeast Corps, criticism was both bipartisan ator from Oregon. Portland this weekend, I am going to and tangible. From Rhode Island to OBSERVING MEMORIAL DAY be thinking about whom I am going to North Dakota to Oregon, each of us ex- Mr. WYDEN. Mr. President, on Mon- be talking to, checking in with, and see pressed frustration with a seemingly day, our country will celebrate Memo- how they are doing just for the reason tone-deaf bureaucracy, which either rial Day. It is a very special day—one I mentioned. These have been tough doesn’t do what it is supposed to do or that we, as Americans, set aside each times for everyone, and I think this is does what it is not supposed to do. year to honor those members of the going to be a very difficult Memorial That frustration brings me here military who have given their lives in Day for those Americans who are re- today: Major General Spellmon’s pend- sacrifice to their country. membering loved ones they have lost in ing nomination and promotion. Right now, this is typically the time the line of duty. Throughout this process, I have worked when I am getting ready to travel It is also more important than ever closely with General Spellmon on nu- home and go to Southern Oregon—to to remember for ourselves that as merous issues important to North Da- Eagle Point and to Central Point, won- Americans, we owe so much to so kota and other Western States. derful communities to spend Memorial many. The parades and the services Early on, I spoke with him regarding Day with hundreds of veterans and may have to wait until Memorial Day the Spring Creek embankment in Cen- members of their families. These are 2021, but our deep respect and gratitude tral North Dakota. Due to the poor events that take place each year and for sacrifice does not. maintenance of relief wells, the Corps are inspiring and affirming and basi- Just on a very personal note, apropos was going to move forward with a cally a time when Oregonians, from of the respect and gratitude for sac- water control plan that could poten- very young to often approaching al- rifice, I think about my late father and tially devastate water supply and irri- most 100 years old, assemble and are my mother, both of whom fled the gation needs in eastern parts of my part of a centuries-long lineage of pa- Nazis. Not all of our family got out. My State. triots who have been willing to serve great Uncle Max was one of the last As per usual, the Corps’ decision ma- and sacrifice for our great Nation. who was gassed in Auschwitz. My fa- trix was overly complicated and did There are other communities that ther basically talked his way into our not adequately reflect the needs and come together to remember lost Army because he was a fluent young realities of rural America. When I friends and loved ones, but at home in man in German, and he convinced our brought the issue to General Spellmon, Oregon, we have always said: Eagle military that he could be part of our he promised to take a fresh look and Point and Central Point are the gold propaganda unit to drop the pamphlets reassess the economic impacts of the standard in terms of services and pro- on the Nazis, making it clear that they project. He then worked with me to grams to recognize our veterans, and could never defeat our great troops. craft legislation supporting these ef- members of their family, who have My mother, on the other hand, was a forts, which was added to the water in- made the ultimate sacrifice for our Na- WAC, and I look often at the picture frastructure legislation we unani- tion. that is on my wall of my mother in her mously passed out of the EPW not too I think we all know that this Memo- WAC uniform. For them, during their long ago. He listened to the problem rial Day is going to be different. There lives, Memorial Day was a really spe- and is working with me to help solve will not be the same big gatherings, cial day because they were so thrilled it. and there will not be as many parades. to be able to come to the freest and I also challenged General Spellmon But one of the reasons I want to come most open Nation on Earth and to be on Western State water rights—a prob- to the floor of the Senate today—and I able to serve in our military. They, in

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.036 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2577 particular, would say, if they were here men and women are doing their jobs, coronavirus response; they would be today: Ron, this is a special day for even when it isn’t easy or convenient, funding a range of completely unre- showing our deep respect and gratitude and they expect their elected officials lated pet projects like environmental for those who made the ultimate sac- to do the same thing. justice grants, soil health studies, and rifice, and we are never going to miss a Just because a pandemic has brought not one, but two studies on diversity Memorial Day without expressing that our society to a screeching halt doesn’t and inclusion—again, in the cannabis sentiment. mean the U.S. Congress should pack up industry. It is interesting: two more I am going to be, this weekend, shop. Just as the men and women studies on diversity and inclusion in thinking about how much I want to be across the country continue to show up the cannabis industry. The list of ab- back in Eagle Point and Central Point for work each day, Congress should do surdities in this legislation is as big as to celebrate Memorial Day, and I am the same. After all, our responsibilities this bill itself. going to be thinking about how now we during this crisis have become more Here is another one. They want to have to find a way to honor and re- important, not less. That is why we make sure that the wealthiest Ameri- member our fallen servicemembers a moved quickly to pass four coronavirus cans pay less in taxes. This is from our little bit differently than before. response bills, totaling nearly $3 tril- Democratic friends who say that the I would close—and perhaps I am the lion—something none of us imagined top 1 percent don’t pay enough, yet last speaker today in the Senate. I we would do just a couple of months they present them with a huge tax cut think I can speak for every Member of ago—and provided vital support for our for the wealthiest people in America. the Senate that this is especially im- country amidst so much uncertainty. It also would complicate the hiring portant now to keep in our hearts all of This, of course, came in the form of that our struggling businesses are al- those who have died serving our coun- additional resources, including equip- ready facing and rapidly dig our Nation try, and let’s do right by their families ment for our healthcare workers and deeper and deeper into debt. Is this all who are still with us. funding for ongoing research into vac- to attack the coronavirus, to come up I close my remarks by wishing all Or- cines and treatments. We also sent aid with a treatment or a vaccine? No. egonians and Americans from sea to for what I consider to be a lifeline to This is a liberal wish list that has con- shining sea a healthy Memorial Day. those workers who, through no fault of sumed all the time and energy of House I yield the floor. their own, had no job and no paycheck, Democrats over the last several weeks. I suggest the absence of a quorum. and then we have also provided serious This is what they think is more impor- The PRESIDING OFFICER. The resources to help small businesses and tant. clerk will call the roll. their workforce stay afloat. Rather than returning to Washington The senior assistant legislative clerk A financial investment in our fight for more than a drive-by, which is what proceeded to call the roll. against this virus was desperately they did last Friday, to work on bipar- Mr. CORNYN. Mr. President, I ask needed, and that is precisely what we tisan legislation that might actually unanimous consent that the order for delivered on a bipartisan basis, but our have a chance of becoming law, they the quorum call be rescinded. response to this crisis cannot begin and chose to put together this partisan bill The PRESIDING OFFICER (Mr. end with blank checks. We need to en- without consulting with the White SCOTT of Florida). Without objection, sure that taxpayer dollars are being House or the Senate. It doesn’t address it is so ordered. spent responsibly and that we are mak- the crisis at hand, let alone the na- CORONAVIRUS ing the changes needed to recover from tional security challenges that cannot Mr. CORNYN. Mr. President, over the this crisis. be ignored. past couple of months, our country has Every day I hear—usually through a The threats we faced before this virus gone into a lockdown but then slowly videoconference—my constituents in ever reached our shores, both on land but surely has begun to adjust to the Texas telling me how these bills are and in cyber space, have not gone new normal brought on by COVID–19. being implemented, what is helpful, away. From Beijing to Tehran, Moscow Many of us have been working safely what isn’t, and what is needed from to Pyongyang, and in nearly every cor- from home, as kitchen tables have been Congress. This feedback has been in- ner of the globe, our enemies and ad- transformed into makeshift office credibly valuable as we look for more versaries are watching and continuing spaces and, in many cases, classrooms effective ways to strengthen our re- their efforts to work against our inter- as parents and students navigate the sponse and speed our recovery. So the ests. They are not going to politely challenges of remote working and Republicans in the Senate believe it is pause their efforts so that we can focus learning. But many of the most critical wise—it is prudent—to take stock of our efforts on COVID–19; if anything, jobs in our country can’t be done with everything we have done before passing they are doubling their efforts. We can- a laptop and an internet connection— another relief bill. not afford to be caught flat-footed. defense contractors, for example, the I believe the Presiding Officer and I Unfortunately, our counterintel- intelligence community, law enforce- heard the same report at lunch today; ligence and counterterrorism experts ment agencies, and, of course, our he- that only about half of the money that are already without some of the key roic healthcare workers. They have to we have appropriated is actually out tools they need in order to carry out be on the frontlines doing their job the door, and yet here people are clam- their duties. In mid-March, the House each and every day no matter what the oring for more and more money. And refused to vote on a clean, short-term risk is because their work is considered Speaker PELOSI, in really an unfortu- extension of the Foreign Intelligence to be essential. nate act of showmanship, rammed Surveillance Act under section 215 that Our healthcare workers continue to through a $3 trillion bill that has no would preserve these tools while we fight this virus on the frontlines, deliv- prayer of being passed or becoming discuss long-term changes that might ering lifesaving care and comfort to law. It is safe to say that House Demo- need to be made. Had they agreed at those isolated from their loved ones. crats are taking a different approach that time in mid-March, these authori- Our farmers and ranchers are pro- than we are here in the Senate. ties would still be intact through the ducing the food, truckers are trans- They passed the $3 trillion bill, and end of this month. Instead, House porting it, and grocery store employees they call it the HEROES Act, express- Democrats chose to let those authori- are stocking shelves so that amidst all ing their support for our Nation’s ties lapse. For 2 months now, our coun- of this uncertainty, we don’t have to healthcare heroes. We would join them terintelligence and counterterrorism worry about not having enough to eat. in that sentiment, but the fact is, their experts have been forced to work with- Then there are the postal workers, the priorities are much different. This bill out some of the most powerful tools in delivery drivers, the waste collectors, mentions cannabis more times than it their toolboxes. and an entire network of people we de- mentions doctors, hospitals, and nurses Fortunately, last week, the Senate pend on who are keeping the cogs of combined. It is an interesting tribute, was able to pass a bill to reauthorize our society running. if you ask me. these critical provisions that expired in Whether working from home or head- If this bill were to become law, tax- mid-March. This legislation would not ing out the door each morning, these payers’ money wouldn’t be going to only restore those authorities but

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.038 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2578 CONGRESSIONAL RECORD — SENATE May 21, 2020 strengthen oversight of our Nation’s it isn’t easy or convenient. This pan- In addition, thanks to the hard work intelligence activities at a time when demic may have temporarily halted of Senators GARDNER and DAINES, we it is desperately needed. the daily functions of many people in will be able to take up their bipartisan This bill passed the Senate with this country, but it cannot stop the Great American Outdoors Act in the broad bipartisan support, but we are critical work of the U.S. Congress on next work period. It is a milestone still waiting for the House to show up behalf of the people we are privileged achievement to secure public lands and for work and to take it up and pass it. to represent. ensure their upkeep well into the fu- They are not coming back until the I yield the floor. ture. 27th, I think, of this month, after what I suggest the absence of a quorum. We will have the National Defense can only aptly be described as a drive- The PRESIDING OFFICER. The Authorization Act so that we do not let by vote last Friday after not having clerk will call the roll. this pandemic take our eye off the ball been in town for 2 weeks and leaving The legislative clerk proceeded to of our Nation’s security. promptly thereafter. call the roll. We will have much work to do in our Now that they have completed their Ms. COLLINS. Mr. President, I ask home States next week. We will have work on their $3 trillion wish list, I unanimous consent that the order for much to do when we get back here hope we will see some action soon on the quorum call be rescinded. after that. All around the Nation, The PRESIDING OFFICER. Without things that will keep our country safe. Americans are taking precautions, but objection, it is so ordered. That is only part of the critical na- they are continuing to show up to do (The remarks of Senator COLLINS per- tional security work we have done here taining to the introduction of S. 3833 essential jobs and keep the Nation in the Senate since we returned to going. The Senate is not going to be are printed in today’s RECORD under Washington earlier this month. ‘‘Statements on Introduced Bills and any exception to showing up. I applaud Majority Leader MCCON- Joint Resolutions.’’) f NELL for bringing us back. People are Ms. COLLINS. Mr. President, I sug- hearing all sorts of scary things on so- EXECUTIVE CALENDAR gest the absence of a quorum. cial media and cable news and even The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I conscious disinformation campaigns by clerk will call the roll. ask unanimous consent that the Sen- some of our adversaries about this The legislative clerk proceeded to ate proceed to the consideration of the virus and about how we ought to con- call the roll. following nomination: Executive Cal- duct ourselves. The best thing we can Mr. MCCONNELL. Mr. President, I endar No. 654. do as Members of the Senate is to dem- ask unanimous consent that the order The PRESIDING OFFICER. Without onstrate that with a little bit of per- for the quorum call be rescinded. objection, it is so ordered. sonal responsibility and respect for The PRESIDING OFFICER. Without The clerk will report the nomination. others—maintaining social distancing, objection, it is so ordered. The senior assistant legislative clerk masking when you can—we can actu- SENATE LEGISLATIVE AGENDA read the nomination of Kenneth J. ally still function. We can show up for Mr. MCCONNELL. Mr. President, a Braithwaite, of Pennsylvania, to be work like those healthcare workers, few announcements for the information Secretary of the Navy. those law enforcement officers, and of all of our colleagues. Thereupon, the Senate proceeded to others I mentioned a moment ago. When we reconvene after meeting consider the nomination. One of the things our majority leader with our constituents and monitoring Mr. MCCONNELL. I ask unanimous likes to say is that the Senate is in the the pandemic response in our States, consent that the Senate vote on the personnel business. Today, we con- the Senate will first continue to fill nomination with no intervening action firmed a fellow member of the Texas critical vacancies in the executive or debate; that if confirmed, the mo- congressional delegation, Congressman branch. tion to reconsider be considered made JOHN RATCLIFFE, to be the Director of This week, we confirmed a new Direc- and laid upon the table, and the Presi- National Intelligence. I have known tor of National Intelligence. In just a dent be immediately notified of the JOHN for about 10 years—or more moment, we will confirm a new Sec- Senate’s action. maybe. He is prepared to continue the retary of the Navy. The PRESIDING OFFICER. Without legacy of outstanding leadership we But our Democratic colleagues would objection, it is so ordered. have come to expect and count on in not let the Senate fill several more The question is, Will the Senate ad- our Director of National Intelligence. I posts over at the Pentagon. So, as has vise and consent to the Braithwaite am confident in his ability to serve as sadly become the norm over the last 3 nomination? a leader and advocate for the intel- years, the Senate will be spending floor The nomination was confirmed. ligence professionals in the intel- time and multiple rollcall votes on f ligence community. each of the following: an Assistant Sec- EXECUTIVE CALENDAR We also confirmed other important retary of Defense and the Deputy nominees for critical positions, includ- Under Secretary of Defense for Policy. Mr. MCCONNELL. Mr. President, I ing the Nuclear Regulatory Commis- If you can believe this, I also had to ask unanimous consent that the Com- sion, the National Counterintelligence file cloture on the incoming Special In- mittee on Environment and Public and Security Center, and the Depart- spector General for Pandemic Recov- Works be discharged from further con- ment of Homeland Security. Just as ery. If we had a nickel for every time sideration of PN1608 and PN1333, and the work of the country has waged on our Democratic colleagues have the Senate proceed to the consider- in the face of these challenges, so must claimed that congressional oversight of ation of the nominations en bloc. our work. the recovery programs was important, The PRESIDING OFFICER. Without The American people are not just the CARES Act would have paid for objection, it is so ordered. counting on healthcare workers and itself. Yet Democrats blocked the con- The clerk will report the nomina- first responders and farmers and firmation of the special inspector gen- tions en bloc. deliverymen and grocery store employ- eral to look over the program this The senior assistant legislative clerk ees to do their jobs—as important as week. read the nominations of Christopher T. they are. They are counting on us, too, The Senate will prepare to confirm Hanson, of Michigan, to be a Member of not only to continue to respond to this these qualified people the hard way. the Nuclear Regulatory Commission pandemic—to stay nimble and adapt, Three years and counting of Demo- for the term of five years expiring June to watch and listen and learn on how cratic heel-dragging continues. 30, 2024; and David A. Wright, of South we can do better—but also to strength- Of course, there will be plenty of leg- Carolina, to be a Member of the Nu- en our national security, keep an eye islative business before us as well. Sen- clear Regulatory Commission for the on our national debt, and do it all on a ators will continue to monitor the pan- term of five years expiring June 30, bipartisan basis. demic response and discuss ways to 2025. Like workers across America, Con- help the Nation pivot toward reopening There being no objection, the Com- gress needs to show up, especially when and economic recovery. mittee on Environment and Public

VerDate Sep 11 2014 06:00 May 22, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.040 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2579 Works was discharged and the Senate Regulatory Commission for 5 more among the numerous actions this Sen- proceeded to consider the nominations years. Amidst a global pandemic that ate could have chosen to take, we are en bloc. has caused the greatest public health voting on the confirmation of an indi- f crisis in a century and the worst eco- vidual who wants to add insult to in- nomic catastrophe since the Great De- jury by proceeding with an ill-advised NOMINATION OF CHRISTOPHER pression, we are spending our time in plan for nuclear waste storage that ig- HANSON the United States voting on a nominee nores the voices of Nevadans. Mrs. FEINSTEIN. Mr. President, it is for the NRC who will likely take ac- I will not stand for this. I, therefore, my pleasure to support the confirma- tions that put the lives and livelihoods cast my vote against the nomination of tion of Christopher Hanson to be a of Nevadans at even further risk. David Wright to serve on the Nuclear Commissioner at the Nuclear Regu- David Wright has a long history of Regulatory Commission. latory Commission. working to advance the failed and fis- Mr. MCCONNELL. I ask unanimous Chris has diligently served the Sen- cally irresponsible proposal to dump consent that the Senate vote on the ate and the people of California over our Nation’s nuclear waste at the nominations en bloc with no inter- the last 6 years as a key member of the Yucca Mountain site. In his previous vening action or debate; that if con- Senate Energy and Water Development work as chairman of the Public Service firmed, the motions to reconsider be Appropriations Subcommittee staff. Commission of South Carolina, he sup- considered made laid upon the table, During that time, he has advised me ported continuing licensing of Yucca and the President be immediately noti- and the full Senate Appropriations Mountain. Additionally, in 2005 he fied of the Senate’s action. Committee on issues surrounding the founded the Yucca Mountain Task The PRESIDING OFFICER. Without Nuclear Regulatory Commission, in- Force and criticized local opposition to objection, it is so ordered. cluding its budget, its oversight of nu- the project, calling it ‘‘myopic resist- The question is, Will the Senate ad- clear reactor decommissioning at San ance.’’ That is how he characterizes the vise and consent to the Hanson and Onofre in California, and issues related people of Nevada fighting back against Wright nominations en bloc? to proposed new reactor technologies. the injustice of having no say in The nominations were confirmed. He has also overseen nuclear energy whether or not we are to become the f research and development, radioactive Nation’s nuclear dumping ground. waste cleanup, nuclear weapons, non- For these reasons, in August 2018, the EXECUTIVE CALENDAR proliferation, and naval reactor pro- State of Nevada filed a formal petition Mr. MCCONNELL. Mr. President, I grams. with the U.S. Court of Appeals for the ask unanimous consent that the Sen- Prior to coming to the Senate, Chris District of Columbia Circuit chal- ate proceed to the consideration of Ex- worked at the Department of Energy, lenging now-Commissioner Wright’s re- ecutive Calendar Nos. 691 and 692, with where he advised the Assistant Sec- fusal to disqualify himself from par- the exception of Prestidge and Rivera; retary of Nuclear Energy and worked ticipating in NRC Yucca Mountain li- that the nominations be confirmed, the on appropriations issues for then-Sec- censing decisions. According to the motions to reconsider be considered retary Steven Chu. State of Nevada at the time, Wright’s made and laid upon the table with no In all, Chris has 25 years of experi- participation in any licensing decisions intervening action or debate, and the ence working on the very issues at the would violate Nevada’s constitutional President be immediately notified of heart of the Nuclear Regulatory Com- right to unbiased decision makers at the Senate’s action. mission’s mandate. the NRC. The PRESIDING OFFICER. Without As the Senate knows, the members Numerous studies have since shown objection, it is so ordered. and staff of the Energy and Water Ap- that Yucca Mountain, only 90 miles The nominations considered and con- propriations Subcommittee work from Las Vegas, is a physically unsuit- firmed are as follows: seamlessly together in order to produce able site that would threaten the IN THE COAST GUARD a bipartisan bill each year. Chris’s ex- health and safety of Nevadans and The following named officers for appoint- pertise, his professionalism, and his would take half a century to complete. ment in the United States Coast Guard to quiet, good nature are instrumental in Notably, Yucca Mountain is located the grade indicated under title 14 U.S.C., sec- that effort. He is respected and appre- above an aquifer in an area of moderate tion 2121(d): ciated by Members on both sides of the to high seismic activity and is subject To be rear admiral aisle. to oxidizing and corrosive elements. In Rear Adm. (lh) Thomas G. Allan It is not surprising, therefore, that fact, just this week, only days before Rear Adm. (lh) Laura M. Dickey Senator ALEXANDER, our subcommittee we have been asked to vote on this pro- Rear Adm. (lh) Douglas M. Fears chairman, sent a letter to the Environ- Yucca nominee, two earthquakes—one Rear Adm. (lh) John W. Mauger mental and Public Works Committee of which was of 6.5 magnitude—struck Rear Adm. (lh) Nathan A. Moore in support of Chris’ nomination, which Nevada less than 150 miles from Yucca Rear Adm. (lh) Brian K. Penoyer Rear Adm. (lh) Matthew W. Sibley I very much appreciate. Senator ALEX- Mountain and less than a dozen miles The following named officers for appoint- ANDER and I have spoken about how from one of the proposed transpor- much the subcommittee will miss ment in the United States Coast Guard to tation routes for shipping nuclear the grade indicated under title 14 U.S.C., sec- Chris, but we are happy for him, and we waste to Yucca. In addition to threat- tion 2121(e): look forward to working with Chris in ening the health and safety of Nevad- To be rear admiral (lower half) his new role. ans, transporting all of our Nation’s I have every confidence that Chris Capt. Christopher A. Bartz nuclear waste to Yucca Mountain Capt. Scott W. Clendenin will give his usual thoughtfulness and would threaten our national security, Capt. Mark J. Fedor insight to the issues that come before as the site is directly adjacent to the Capt. Shannon N. Gilreath the Nuclear Regulatory Commission. Nevada Test and Training Range, Capt. Jonathan P. Hickey And I know the other Commissioners NTTR, the largest air and ground mili- f will find him to be a joy to work with. tary training space in the contiguous I thank Chris for his dedicated serv- United States. Establishing a nuclear EXECUTIVE CALENDAR ice to the people of California, to the waste repository in such close prox- Mr. MCCONNELL. Mr. President, I Senate Appropriations Committee, and imity to NTTR could therefore directly ask unanimous consent that the Sen- to the U.S. Senate, and I look forward jeopardize the readiness of our Air ate proceed to Executive Session for to his success in his new role and con- Force. the consideration of Executive Cal- tinuing to serve the country with all Most importantly, Nevadans have endar Nos. 658 through 688 and all the expertise and professionalism he never consented to storing other nominations on the Secretary’s Desk has shown us these past 6 years. States’ waste at Yucca Mountain. With in the Air Force, Army, Marine Corps, Ms. ROSEN. Mr. President, I rise in thousands of Nevadans dying of and Navy; that the nominations be opposition to the nomination of David COVID–19 and jobless claims in the confirmed, the motions to reconsider Wright to be a member of the Nuclear State at unprecedented levels, today, be considered made and laid upon the

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.051 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2580 CONGRESSIONAL RECORD — SENATE May 21, 2020 table with no intervening action or de- indicated while assigned to a position of im- The following named officer for appoint- bate, and the President be immediately portance and responsibility under title 10, ment in the United States Marine Corps to notified of the Senate’s action. U.S.C., section 601: the grade indicated while assigned to a posi- To be lieutenant general tion of importance and responsibility under The PRESIDING OFFICER. Without title 10, U.S.C., section 601: Maj. Gen. Roger L. Cloutier objection, it is so ordered. To be lieutenant general The nominations considered and con- The following named officers for appoint- firmed are as follows: ment in the United States Army to the grade Maj. Gen. Karsten S. Heckl The following named officer for appoint- indicated under title 10, U.S.C., section 624: The following named officers for appoint- ment in the United States Air Force to the To be major general ment to the grade indicated in the United States Marine Corps under title 10, U.S.C., grade indicated while assigned to a position Brig. Gen. Michael L. Place of importance and responsibility under title section 624: The following named officers for appoint- 10 U.S.C., section 601: To be brigadier general ment in the United States Army to the grade Col. Adam L. Chalkley To be lieutenant general indicated while assigned to a position of im- Col. Kyle B. Ellison Maj. Gen. Scott L. Pleus portance and responsibility under title 10, Col. Phillip N. Frietze U.S.C., section 601: The following named Air National Guard of Col. Peter D. Huntley the United States officer for appointment in To be lieutenant general Col. Julie L. Nethercot the Reserve of the Air Force to the grade in- Lt. Gen. Raymond S. Dingle Col. Forrest C. Poole, III dicated under title 10, U.S.C., sections 12203 IN THE NAVY Col. Ryan S. Rideout and 12212: The following named officer for appoint- Col. George B. Rowell, IV To be brigadier general ment in the United States Navy to the grade Col. Farrell J. Sullivan Col. Daniel D. Boyack indicated under title 10, U.S.C., section 624: IN THE AIR FORCE The following named officer for appoint- To be rear admiral The following named officer for appoint- ment in the United States Air Force to the ment in the United States Air Force to the Rear Adm. (lh) Shoshana S. Chatfield grade indicated while assigned to a position grade indicated under title 10, U.S.C., section The following named officer for appoint- of importance and responsibility under title 624: ment in the United States Navy to the grade 10, U.S.C., section 601: To be brigadier general indicated under title 10, U.S.C., section 624: To be lieutenant general Col. Jeannine M. Ryder To be rear admiral (lower half) Lt. Gen. Joseph T. Guastella, Jr. The following named officer for appoint- Capt. Cynthia A. Kuehner The following named officer for appoint- ment in the United States Air Force to the The following named officer for appoint- ment in the United States Air Force to the grade indicated under title 10, U.S.C., section ment in the United States Navy to the grade grade indicated while assigned to a position 624: indicated while assigned to a position of im- of importance and responsibility under title To be brigadier general portance and responsibility under title 10, 10, U.S.C., section 601: Col. Norman S. West U.S.C., section 601: To be lieutenant general The following named officer for appoint- To be vice admiral Maj. Gen. Gregory M. Guillot ment in the United States Air Force to the Rear Adm. Yancy B. Lindsey grade indicated while assigned to a position The following named officers for appoint- The following named officer for appoint- of importance and responsibility under title ment in the United States Air Force to the ment in the United States Navy to the grade 10, U.S.C., section 601: grade indicated under title 10, U.S.C., section indicated while assigned to a position of im- To be lieutenant general 624: portance and responsibility under title 10, Brig. Gen. Samuel C. Hinote to be major general U.S.C., section 601: The following named officer for appoint- Brig. Gen. Dagvin R. M. Anderson To be vice admiral ment in the United States Air Force to the Brig. Gen. Deanna M. Burt Vice Adm. Lisa M. Franchetti grade indicated while assigned to a position Brig. Gen. Case A. Cunningham The following named officer for appoint- of importance and responsibility under title Brig. Gen. Michele C. Edmondson 10, U.S.C., section 601: Brig. Gen. Kenneth P. Ekman ment as Vice Chief of Naval Operations and To be lieutenant general Brig. Gen. Derek C. France appointment in the United States Navy to Brig. Gen. Philip A. Garrant the grade indicated while assigned to a posi- Maj. Gen. Shaun Q. Morris Brig. Gen. Andrew J. Gebara tion of importance and responsibility under The following named officer for appoint- Brig. Gen. Samuel C. Hinote title 10, U.S.C., sections 601 and 8035: ment in the United States Air Force to the Brig. Gen. William G. Holt, II To be admiral grade indicated while assigned to a position Brig. Gen. Joel D. Jackson Vice Adm. William K. Lescher of importance and responsibility under title 10, U.S.C., section 601: Brig. Gen. Michael G. Koscheski IN THE MARINE CORPS Brig. Gen. John D. Lamontagne To be lieutenant general The following named officer for appoint- Brig. Gen. Leah G. Lauderback ment in the United States Marine Corps to Maj. Gen. Kirk W. Smith Brig. Gen. Rodney D. Lewis the grade indicated while assigned to a posi- The following named officer for appoint- Brig. Gen. John J. Nichols tion of importance and responsibility under ment in the United States Air Force to the Brig. Gen. James D. Peccia, III title 10, U.S.C., section 601: grade indicated while assigned to a position Brig. Gen. Lansing R. Pilch To be lieutenant general of importance and responsibility under title Brig. Gen. James R. Sears, Jr. 10, U.S.C., section 601: Brig. Gen. Donna D. Shipton Maj. Gen. Dennis A. Crall To be general Brig. Gen. Daniel L. Simpson The following named officer for appoint- Brig. Gen. Mark H. Slocum ment in the United States Marine Corps to Lt. Gen. Kenneth S. Wilsbach Brig. Gen. Phillip A. Stewart the grade indicated while assigned to a posi- IN THE ARMY Brig. Gen. Edward W. Thomas, Jr. tion of importance and responsibility under The following named officer for appoint- IN THE ARMY title 10, U.S.C., section 601: ment in the United States Army to the grade indicated while assigned to a position of im- The following named officer for appoint- To be lieutenant general portance and responsibility under title 10, ment in the United States Army to the grade Maj. Gen. Mark R. Wise U.S.C., section 601: indicated while assigned to a position of im- The following named officer for appoint- To be lieutenant general portance and responsibility under title 10, ment in the United States Marine Corps to Maj. Gen. David G. Bassett U.S.C., section 601: the grade indicated while assigned to a posi- To be lieutenant general tion of importance and responsibility under The following named officer for appoint- ment in the United States Army to the grade Maj. Gen. Dennis S. McKean title 10, U.S.C., section 601: indicated while assigned to a position of im- The following named officer for appoint- To be lieutenant general portance and responsibility under title 10, ment in the United States Army to the grade Lt. Gen. Steven R. Rudder U.S.C., section 601: indicated while assigned to a position of im- The following named officer for appoint- To be lieutenant general portance and responsibility under title 10, ment in the United States Marine Corps to Maj. Gen. Thomas H. Todd, III U.S.C., section 601: the grade indicated while assigned to a posi- The following named Army National Guard To be lieutenant general tion of importance and responsibility under of the United States officer for appointment title 10, U.S.C., section 601: Maj. Gen. John S. Kolasheski in the Reserve of the Army to the grade indi- The following named officer for appoint- To be lieutenant general cated under title 10, U.S.C., sections 12203 ment in the United States Army to the grade Lt. Gen. Lewis A. Craparotta and 12211:

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.053 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2581 To be brigadier general C. MONTGOMERY, which nominations were Senate and appeared in the Congressional Col. Jemal J. Beale received by the Senate and appeared in the Record of May 4, 2020. Congressional Record of May 4, 2020. PN1815 MARINE CORPS nomination of IN THE NAVY PN1793 ARMY nominations (5) beginning Christopher R. Yanity, which was received The following named officer for appoint- GARY A. ANDERSON, JR., and ending ROD- by the Senate and appeared in the Congres- ment in the United States Navy to the grade NEY J. STAGGERS, JR., which nominations sional Record of May 4, 2020. indicated while assigned to a position of im- were received by the Senate and appeared in PN1899 MARINE CORPS nomination of portance and responsibility under title 10, the Congressional Record of May 4, 2020. Benjamin C. Kessler, which was received by U.S.C., section 601: PN1794 ARMY nomination of Lauren A. the Senate and appeared in the Congres- To be vice admiral Scherer, which was received by the Senate sional Record of May 11, 2020. Vice Adm. Stuart B. Munsch and appeared in the Congressional Record of IN THE NAVY May 4, 2020. NOMINATIONS PLACED ON THE SECRETARY’S PN1806 NAVY nomination of Matthew J. DESK PN1799 ARMY nomination of Shula M. Clark, which was received by the Senate and McGirr, which was received by the Senate IN THE AIR FORCE appeared in the Congressional Record of May and appeared in the Congressional Record of PN1780 AIR FORCE nomination of Kurt W. 4, 2020. May 4, 2020. Helfrich, which was received by the Senate PN1800 ARMY nomination of Jason M. PN1807 NAVY nomination of Thomas M. and appeared in the Congressional Record of Windham, which was received by the Senate Vanscoten, which was received by the Senate May 4, 2020. and appeared in the Congressional Record of and appeared in the Congressional Record of PN1781 AIR FORCE nominations (3) begin- May 4, 2020. May 4, 2020. ning JOSEPH B. LORKOWSKI, and ending PN1801 ARMY nomination of Tina N. PN1808 NAVY nomination of James S. Car- BROCK L. YELTON, which nominations Syfert, which was received by the Senate and michael, which was received by the Senate were received by the Senate and appeared in appeared in the Congressional Record of May and appeared in the Congressional Record of the Congressional Record of May 4, 2020. 4, 2020. May 4, 2020. PN1782 AIR FORCE nomination of Jona- PN1802 ARMY nomination of Steven G. PN1809 NAVY nomination of La Hesh A. than L. Arnholt, which was received by the Ward, which was received by the Senate and Graham, which was received by the Senate Senate and appeared in the Congressional appeared in the Congressional Record of May and appeared in the Congressional Record of Record of May 4, 2020. May 4, 2020. PN1783 AIR FORCE nomination of Andrew 4, 2020. PN1803 ARMY nominations (24) beginning PN1810 NAVY nomination of Jacquelyn M. N. Pike, which was received by the Senate ALEKSANDR BARON, and ending RODGER L. Ketring, which was received by the Senate and appeared in the Congressional Record of I. VOLTIN, which nominations were received and appeared in the Congressional Record of May 4, 2020. May 4, 2020. PN1784 AIR FORCE nominations (3) begin- by the Senate and appeared in the Congres- sional Record of May 4, 2020. PN1811 NAVY nomination of Leslie D. ning CHELSEY L. BUCHANAN, and ending Sobol, which was received by the Senate and ZACHARY R. STROMAN, which nominations PN1841 ARMY nomination of Patricia H. Passman, which was received by the Senate appeared in the Congressional Record of May were received by the Senate and appeared in 4, 2020. the Congressional Record of May 4, 2020. and appeared in the Congressional Record of May 11, 2020. PN1812 NAVY nomination of Kristen K. PN1787 AIR FORCE nominations (28) begin- Parsons, which was received by the Senate ning RENI B. ANGELOVA, and ending PN1842 ARMY nomination of Mark A. and appeared in the Congressional Record of GRANT W. WISNER, which nominations White, which was received by the Senate and May 4, 2020. were received by the Senate and appeared in appeared in the Congressional Record of May 11, 2020. PN1813 NAVY nomination of Satin L. the Congressional Record of May 4, 2020. Ibrahim, which was received by the Senate PN1789 AIR FORCE nominations (51) begin- PN1843 ARMY nomination of Cory J. and appeared in the Congressional Record of ning RICARDO ANTONIO ALDAHONDO, and Young, which was received by the Senate May 4, 2020. ending NOAH C. WOOD, which nominations and appeared in the Congressional Record of PN1857 NAVY nomination of Santhosh K. were received by the Senate and appeared in May 11, 2020. Shivashankar, which was received by the the Congressional Record of May 4, 2020. PN1844 ARMY nomination of Edward K. PN1791 AIR FORCE nominations (175) be- Graybill, which was received by the Senate Senate and appeared in the Congressional ginning YVONNE E. ABEDI, and ending and appeared in the Congressional Record of Record of May 11, 2020. JENNIFER L. ZANZIG, which nominations May 11, 2020. PN1858 NAVY nomination of Alejandro B. were received by the Senate and appeared in PN1845 ARMY nomination of Javier E. Sanchez, which was received by the Senate the Congressional Record of May 4, 2020. Sostrecintron, which was received by the and appeared in the Congressional Record of PN1828 AIR FORCE nomination of James Senate and appeared in the Congressional May 11, 2020. B. Hall, which was received by the Senate Record of May 11, 2020. PN1859 NAVY nomination of Charlene G. and appeared in the Congressional Record of PN1846 ARMY nomination of Jason C. Echague, which was received by the Senate May 11, 2020. Derosa, which was received by the Senate and appeared in the Congressional Record of PN1829 AIR FORCE nomination of An- and appeared in the Congressional Record of May 11, 2020. thony R. George, which was received by the May 11, 2020. PN1860 NAVY nomination of Anthony M. Senate and appeared in the Congressional PN1847 ARMY nomination of Mark C. Pecoraro, which was received by the Senate Record of May 11, 2020. Moretti, which was received by the Senate and appeared in the Congressional Record of PN1830 AIR FORCE nomination of Mat- and appeared in the Congressional Record of May 11, 2020. thew D. Brill, which was received by the Sen- May 11, 2020. PN1861 NAVY nomination of Michael R. ate and appeared in the Congressional PN1848 ARMY nomination of Rockwell Syamken, which was received by the Senate Record of May 11, 2020. Allen, which was received by the Senate and and appeared in the Congressional Record of PN1831 AIR FORCE nominations (2215) be- appeared in the Congressional Record of May May 11, 2020. ginning LAURA A. ABBOTT, and ending AN- 11, 2020. PN1862 NAVY nomination of Javier N. DREW P. ZWIRLEIN, which nominations PN1849 ARMY nomination of Yong Yi, Deluca-Johnson, which was received by the were received by the Senate and appeared in which was received by the Senate and ap- Senate and appeared in the Congressional the Congressional Record of May 11, 2020. peared in the Congressional Record of May Record of May 11, 2020. PN1833 AIR FORCE nominations (2) begin- 11, 2020. PN1863 NAVY nomination of Daniel L. ning RYANs. COMBEST, and ending RA- PN1850 ARMY nomination of Julian P. Gil- Croom, which was received by the Senate CHELs. VAN SCIVER, which nominations bert, which was received by the Senate and and appeared in the Congressional Record of were received by the Senate and appeared in appeared in the Congressional Record of May May 11, 2020. the Congressional Record of May 11, 2020. 11, 2020. PN1864 NAVY nomination of Bradley R. PN1834 AIR FORCE nomination of Megan PN1852 ARMY nomination of Julliet O. Yingst, which was received by the Senate A. Sherwood, which was received by the Sen- Thomas, which was received by the Senate and appeared in the Congressional Record of ate and appeared in the Congressional and appeared in the Congressional Record of May 11, 2020. Record of May 11, 2020. May 11, 2020. PN1866 NAVY nomination of Scott D. PN1835 AIR FORCE nominations (4) begin- PN1854 ARMY nominations (17) beginning Stahl, which was received by the Senate and ning JONAH R. BROWN, and ending JAKE PHILIP R. DEMONTIGNY, and ending appeared in the Congressional Record of May D. WHITLOCK, which nominations were re- LAURA A. WOODSON, which nominations 11, 2020. ceived by the Senate and appeared in the were received by the Senate and appeared in PN1875 NAVY nomination of Brian J. Mil- Congressional Record of May 11, 2020. the Congressional Record of May 11, 2020. ler, which was received by the Senate and PN1836 AIR FORCE nomination of Melanie PN1856 ARMY nomination of Kodjo S. appeared in the Congressional Record of May C. Martin, which was received by the Senate Knoxlimbacker, which was received by the 11, 2020. and appeared in the Congressional Record of Senate and appeared in the Congressional PN1898 NAVY nominations (55) beginning May 11, 2020. Record of May 11, 2020. PETER N. ALEXAKOS, and ending MI- IN THE ARMY IN THE MARINE CORPS CHAEL W. WISSEHR, which nominations PN1792 ARMY nominations (3) beginning PN1814 MARINE CORPS nomination of An- were received by the Senate and appeared in SAMUEL C. HORTON, and ending TIMOTHY thony C. Triviso, which was received by the the Congressional Record of May 11, 2020.

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.034 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2582 CONGRESSIONAL RECORD — SENATE May 21, 2020 LEGISLATIVE SESSION NATIONAL PUBLIC WORKS WEEK quality life than previously known. Mr. CARDIN. Mr. President, I am The New Deal made an indelible im- pleased that earlier this week the Sen- pact on the structure of our govern- MORNING BUSINESS ate passed S. Res. 586, a bipartisan res- ment and trajectory of America’s fi- Mr. MCCONNELL. Mr. President, I olution designating this week National nancial recovery. The projects them- ask unanimous consent that the Sen- Public Works Week. National Public selves now stand as a physical rep- ate proceed to legislative session for a Works Week celebrates the profound resentation of our young Nation’s ca- period of morning business, with Sen- impact our public works professionals pacity to overcome adversity with in- ators permitted to speak therein for up have on our safety and quality of life. genuity and grit. to 10 minutes each. Public works are the shared assets that The economic impact of the COVID– The PRESIDING OFFICER. Without make up the backbone of our Nation. 19 pandemic on our Nation is profound. objection, it is so ordered. Public service professionals build, However, our Nation is ripe for invest- ment in public works projects that will f manage and operate our nation’s most put people back to work and stimulate CONFIRMATION OF JOHN L. essential services. Many of us take for granted work our economy, as was done with the New RATCLIFFE that goes into the services we rely on Deal. As the ranking member of the Mrs. FEINSTEIN. Mr. President, I every day. This week provides an op- Transportation and Infrastructure Sub- rise today in opposition to the con- portunity to reflect on the men and committee of the Senate Committee on firmation of Congressman JOHN women behind those services. Let us Environment and Public Works, I un- RATCLIFFE to be Director of National consider the way our daily life is pow- derstand the urgent need to address Intelligence. ered by public service professionals: We our Nation’s aging infrastructure. That I voted against JOHN RATCLIFFE for wake up in the morning to turn the tap is why I am proud that the Committee Director of National Intelligence for on and expect water to come out. We reported favorably, on a bipartisan three key reasons. place our trash bins on the street and basis, a surface transportation reau- First, I do not believe Congressman expect it is collected in timely manner. thorization bill last year, America’s RATCLIFFE is qualified for the position Some of us may drive over bridges Transportation Infrastructure Act, S. of Director of National Intelligence, built to last generations and follow 2303, which authorizes billions of dol- DNI. traffic signals that were carefully lars to State and local governments to By law, a DNI requires ‘‘extensive na- planned to keep us safe. invest in roads, bridges, and highways, tional security expertise.’’ Past DNIs The work of public service profes- and why I hope my colleagues in the have been career civil servants or mili- sionals has a tangible impact on our Senate will come together and follow tary officers with extensive experience lives every single day. Consider the through with important infrastructure in intelligence and foreign affairs. employee who replaced the aging pipe legislation. There is no better time By contrast, Congressman RATCLIFFE that brings water to your home or the than now to invest in our Nation’s in- has been a member of Congress for 4 scientist that ensured that water is frastructure and employ a new class of years and the mayor of a small town in safe to drink. Consider also the sanita- public works professionals. Public Texas. His sole intelligence community tion worker who keeps your street works are central to the American experience is a single year on the clean and healthy. We can also think of story of resiliency and fortitude, even House Intelligence Committee. the engineer who designed the bridge in the face of despair. This week, and I am deeply concerned that during and the construction worker who start- always, we should look to public works his hearings he was unable to dem- ed the workday before dawn to ensure professionals with gratitude for their contributions to our lives. onstrate a sufficient understanding of the construction minimally impacted the most pressing threats and chal- your routine. National Public Works f lenges that we face as a nation. Week gives us a formal opportunity to MEMORIAL DAY Second, I am very concerned with humanize these services and say thank Mrs. HYDE-SMITH. Mr. President, Congressman RATCLIFFE’s position on you to the people working behind the due to the coronavirus pandemic, Me- torture. scenes to keep our communities run- morial Day commemorations will be During his nomination hearing, he ning. different this year. The coronavirus refused to denounce torture. He refused There is no more important time may force us to continue Memorial to admit that certain CIA actions fol- than now to recognize these individ- Day traditions virtually or privately lowing 9/11 were torture. And he re- uals. The COVID–19 pandemic has chal- with our families. Nevertheless, it is fused to agree that waterboarding is lenged our communities in ways pre- important for us to take time this torture, regardless of potential changes viously unimaginable. However, we can weekend to honor those who bravely to U.S. law. count on public works employees to gave their lives for all of us. Torture is morally reprehensible, and rise to the occasion. Public works em- Throughout our Nation’s history, the head of our intelligence commu- ployees are often on the frontlines, courageous and patriotic men and nity must be willing to say so and pre- risking their own health to ensure that women have gone into battle and lost vent it from happening again. services are delivered. While much of their lives to protect the freedoms that Third, the DNI must not be politi- public life has come to a standstill, the make being a U.S. citizen such a bless- cally motivated. The DNI directs 17 in- rhythm of public services continues. ing. I am proud that Mississippians telligence agencies with a budget of Water mains break and require repair throughout our history have readily more than $60 billion and is responsible and garbage must still be collected. committed to serving our Nation. Like- for providing objective intelligence The pandemic has thrust millions of wise, we are equally committed to hon- analysis to the President. Americans into financial uncertainty, oring the fallen and their families. Congressman RATCLIFFE is a vocal unsure how they will pay for basic It was Mississippians who helped ini- defender of President Trump and services. Many public works agencies, tiate the solemn act of commemo- served on his impeachment defense like the Baltimore Department of Pub- rating those lost in battle. Columbus, team. I am concerned that politics lic Works are continuing to offer dis- Mississippi, proudly claims rights to would interfere in his duties if he were counted water rates as the pandemic originating Decoration Day, when confirmed. continues. women began decorating the graves of We need a confirmed DNI with the Public works also offer hope for our the all casualties not long after the right experience and objectivity to do Nation’s economic recovery. From the Civil War. the job. Great Depression came a formative era This year, despite all precautions we Congressman RATCLIFFE was nomi- in the history of public works in Amer- must take, there are ways we can re- nated for this position last year and ica. President Franklin D. Roosevelt member and honor the fallen. For my subsequently withdrew. Nothing has understood the power of trans- part, I honor the brave Mississippians changed since then to qualify him for formative projects to jumpstart Amer- who have dedicated their lives to pro- this role. ica’s economy and provide a higher tecting our citizens, and I pray for the

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.054 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2583 families who share in their sacred sac- migration and Nationality Act, INA, ican people in the government’s ability rifice. also known as the Hart-Celler Act. to responsibly manage nuclear waste. f This landmark legislation overturned The reappointment of Mr. Wright to discriminatory race- and nationality- the NRC does nothing to regain the ASIAN PACIFIC AMERICAN based immigration policies that pre- trust of Nevadans or establish con- HERITAGE MONTH viously barred immigration from Asia. fidence in nuclear waste repository li- Ms. HIRONO. Mr. President, I rise The INA established new policies based censing processes. today, in honor of Asian Pacific Amer- on reuniting families and attracting Commissioners serving on the inde- ican Heritage Month. Every year, skilled professionals and helped refu- pendent agency must be neutral and throughout the month of May, the peo- gees fleeing violence or unrest, notably unbiased in order to ensure confidence ple of the United States join together those escaping war-torn Southeast in the guidance, regulations, and deter- to pay tribute to the contributions and Asia. By opening the United States to minations issued by the NRC. Mr. achievements of generations of Asian immigration from Asia, Africa, and Wright can make the decision to recuse Americans, Native Hawaiians, and Pa- Latin America, the INA’s enduring leg- himself from Yucca Mountain licensing cific Islanders, AAPI, who have en- acy includes diversifying the demo- matters, and it is my hope that he will riched the history, culture, and tradi- graphic makeup of our country. chose to do so to bring integrity to the tions of this country. This month, I introduced a resolution Commission and to restore the rights Today, there are approximately in honor of Asian Pacific American of the State of Nevada. 23,000,000 AAPis in the United States, Heritage Month. While we commemo- I also acknowledge the importance of representing more than 45 distinct eth- rate the contributions of the AAPI Mr. Hanson being confirmed to the nic groups and speaking over 100 lan- community, this pandemic has tested NRC today. He will help bring balance guage dialects. As the fastest growing the strength of our nation. Anti-Asian to the Commission with his decades of minority population, the AAPI commu- racism and attacks are on the rise, experience on nuclear energy and waste nity continues to have an increasing stoked by those in the highest levels of issues. impact on our national discourse. government. This recent surge in dis- I will continue to work with my col- There are now 20 AAPI members of crimination and hate crimes against leagues in the Senate to ensure Con- Congress, and a record number of the AAPI community demonstrates gress continues to utilize its authority AAPIs are serving in State and Terri- how much work must still be done to to oversee the work of the Commission torial legislatures across the Nation. achieve full equality. As a country of and hope all Commissioners will ap- This year, as we celebrate Asian Pa- immigrants, we must now, more than proach all matters, including those cific American Heritage Month amid a ever, embrace the rich diversity of our that pertain to Yucca Mountain licens- pandemic, we recognize the over communities, and stand up for the civil ing, without preexisting bias and con- 2,000,000 AAPIS working on the rights and equal treatment of all flicts of interest. frontlines as healthcare professionals, Americans. f first responders, transit operators, and f ADDITIONAL STATEMENTS in supermarkets and other essential service industries. Every day, these he- CONFIRMATIONS OF DAVID A. roic individuals risk their lives to pro- WRIGHT AND CHRISTOPHER T. NATIONAL DAY OF AWARENESS tect the health and safety of Ameri- HANSON FOR MISSING AND MURDERED cans during the COVID–19 public health Ms. CORTEZ MASTO. Mr. President, NATIVE WOMEN AND GIRLS emergency. today, the Senate confirmed the nomi- ∑ Mr. DAINES. Mr. President, today We also reflect broadly on the nations of David Wright and Chris- the Senate passes my annual resolu- achievements and contributions of the topher Hanson to serve as Commis- tion to designate May 5 as National AAPI community in the areas of poli- sioners on the Nuclear Regulatory Day of Awareness for Missing and Mur- tics and government, education and the Commission, NRC. While I am pleased dered Native Women and Girls, for the arts, music, writing and literature, that these nominees will provide the fifth year in a row. We hope to con- sports, business, medicine, and law. We NRC with a full Commission, I remain tinue drawing attention to this crisis pay tribute to the leaders before us, deeply concerned with Mr. Wright’s as we work together to find a solution. who overcame great adversity and history of strongly supporting efforts I would also like to commend the paved the way forward. to move the Yucca Mountain reposi- work that the Trump administration We honor great statesmen like Dan- tory forward and oppose his confirma- has done to address this crisis. In par- iel Kahikina Akaka, the first person of tion today. ticular, they have established the Lady Native Hawaiian ancestry to serve in Shortly after Mr. Wright joined the Justice Program at the Department of the U.S. Senate. Throughout his nearly Commission in 2018, the State of Ne- the Interior and issued a proclamation four decades in Congress, Senator vada called for Mr. Wright to recuse on November 26, 2019, to sustain public Akaka worked to change the public’s himself from matters pertaining to attention on this ongoing and impor- perception of the AAPI community and Yucca Mountain licensing. He refused. tant situation.∑ helped to preserve and restore Hawai- Mr. Wright is on the record calling for f ian language, culture, and traditions. the ‘‘expeditious implementation of Although he recently passed away, the Yucca Mountain program’’ and TRIBUTE TO WILLIE K Senator Akaka’s spirit as a true cham- founded the Yucca Mountain Task ∑ Mr. SCHATZ. Mr. President, with the pion of aloha endures. Force. His refusal to recuse himself de- passing of Willie K, Hawaii has lost a We also remember influential labor nies Nevada its right to an unbiased music legend. Through his raw talent organizers like Larry ltliong, Peter Commissioner on the NRC and furthers and unmatched musicianship, Willie K Velasco, and Philip Vera Cruz, who in the distrust that plagues the Nation’s blazed a trail that redefined music in 1965, led the Filipino-American farm- management of nuclear waste. Hawaii and across the country. workers to strike alongside Cesar Cha- More than 30 years ago, Nevada was Born William Kahaialı´i—and known vez, demanding better pay, benefits, thrown into the center of the nuclear affectionately as ‘‘Uncle Willie’’ and working conditions. The Delano waste debate, when Congress dismissed throughout our State—Willie K Grape Strike was one of the most piv- the siting process it established in the wouldn’t be tied down to any single otal civil rights and labor movements Nuclear Waste Policy Act of 1982 and genre or instrument. Instead, he did it in American history. It opened doors named Yucca Mountain the sole nu- all. Willie could play or sing almost for immigrants and people of color and clear waste repository for the Nation anything. inspired countless others to stand to- over the strong objections of Nevadans. Willie’s love for music came from his gether and demand their rights. The site is physically unsuitable and family. Raised in a family of musicians Around the time that the Filipino- puts at risk the safety, security, and in Lahaina, Willie started performing American grape workers began their economic well-being of the State. The at just 8 years old. Taught by his fa- strike in 1965, Congress enacted the Im- decision broke the trust of the Amer- ther and renowned guitarist, Manu

VerDate Sep 11 2014 07:04 May 22, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.045 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2584 CONGRESSIONAL RECORD — SENATE May 21, 2020 Kahaiali‘i, Willie mastered the blues at Rhodes, as Deputy Director of Congres- States submitting sundry nominations a young age. He became a virtuoso in- sional Liaison for two Secretaries of which were referred to the appropriate strumentalist—learning how to play the Interior, and as chief of staff to committees. every instrument that might be needed former Arizona Governor Fife Syming- (The messages received today are in a show from a guitar to a bass to a ton. In both the public and private sec- printed at the end of the Senate ukulele. And his voice was one of a tors, Mr. Hayes has been a leader in proceedings.) kind. No style was off limits, even public policy. He has wielded his exper- f opera. He was able to effortlessly tise and vision to manage a wide array bridge blues and Hawaiian, local and of energy and water issues to benefit MEASURES READ THE FIRST TIME mainstream, music and culture. the State of Arizona. The following bills were read the first Over the course of his career, Willie I thank Mr. Hayes for his years of time: recorded numerous albums and per- dedicated work and public service on H.R. 6800. An act making emergency sup- formed with icons like Prince, Steven behalf of Arizona.∑ plemental appropriations for the fiscal year Tyler, Willie Nelson, and Santana. Al- f ending September 30, 2020, and for other pur- ways humble, he described himself as poses. ‘‘a working musician’’—despite earning TRIBUTE TO JILL LEBLANC S. 3833. A bill to extend the loan forgive- 19 Na Hoku Hanohano awards, a Hawaii ∑ Mr. DAINES. Mr. President, this ness period for the paycheck protection pro- gram, and for other purposes. Academy of Recording Arts Lifetime week I have the honor of recognizing Achievement Award, and a Grammy Jill LeBlanc of Broadwater County for f nomination. her tremendous efforts to support the Willie devoted his life to music and EXECUTIVE REPORT OF community during the ongoing COMMITTEE understood its power. He went to great coronavirus pandemic. lengths to help other local artists in Jill is a certified physician assistant The following executive report of a Hawaii succeed and organized his BBQ working on the frontlines of the nomination was submitted: Bluesfest annually. Even after he coronavirus pandemic at the By Mr. RISCH for the Committee on For- began to feel the effects of his illness, Broadwater Health Center. eign Relations. he continued to share his music. During the early stages of the pan- Michael Pack, of Maryland, to be Chief Ex- Willie showed us all so many things. ecutive Officer of the Broadcasting Board of demic, when the State of Montana was Governors for the term of three years. He was talented, energetic, passionate, responding to its first cases and health and authentic. But what really sepa- clinics were still navigating procedures (Nominations without an asterisk rated him from the rest was his unre- on how to handle the COVID–19 out- were reported with the recommenda- lenting zest for life and aloha spirit. break, Jill dropped everything to go tion that they be confirmed.) My thoughts and deepest sympathies serve. She moved out of her home to f are with his ohana and all those who keep her children safe and spent count- INTRODUCTION OF BILLS AND loved him. He will be well remembered less hours at the hospital educating JOINT RESOLUTIONS and greatly missed. herself and the staff at Broadwater May his memory be a blessing. May Health Center with the necessary infor- The following bills and joint resolu- ∑ his music live on. mation and up to date procedures on tions were introduced, read the first f how to handle the outbreak. and second times by unanimous con- TRIBUTE TO PETER M. HAYES Jill spent one-on-one time with each sent, and referred as indicated: By Ms. SMITH (for herself and Ms. ∑ Ms. SINEMA. Mr. President, I rise nurse on her shift to provide consistent updates and guidance on CDC guide- MURKOWSKI): today to honor the esteemed career and S. 3792. A bill to require parity in the cov- public service of Mr. Peter M. Hayes, lines, proper protective equipment pro- tocols, how to handle isolated patients, erage of mental health and substance use who is retiring as associate general disorder services provided to enrollees in pri- and methods to conduct testing for manager and chief public affairs execu- vate insurance plans, whether such services tive of the Salt River Project, or SRP. COVID–19, both inside the Broadwater are provided in-person or through telehealth; The Salt River Project is the Na- Health Center and through the drive- to the Committee on Health, Education, tion’s third largest public power util- thru triage system. Labor, and Pensions. ity. It manages an extensive system of When Jill is not working at By Mr. WARNER (for himself, Mr. Broadwater Health Center, she spends SANDERS, Mr. JONES, Mr. dams, reservoirs, wells, canals, and ir- BLUMENTHAL, Ms. KLOBUCHAR, Ms. rigation laterals, providing water and additional time sharpening her skills at Deer Lodge Medical Center and WARREN, Mrs. FEINSTEIN, Mr. REED, electricity to more than 2 million peo- and Mr. MERKLEY): ple in metropolitan Phoenix. As asso- Benefis, where volumes of patients are S. 3793. A bill to amend the CARES Act to ciate general manager and chief public higher. modify the employee retention tax credit to affairs executive, Mr. Hayes has not It is my honor to recognize Jill as a secure the paychecks and benefits of work- only been integral in providing utili- health care hero working to protect ers, to provide a refundable credit against ties to Arizonans’ homes; he has also the health and safety of all Montanans payroll taxes for the operating costs of em- during these uncertain times. I know ployers, to amend the Internal Revenue Code supported many issues that have ad- of 1986 to provide a small business rebate, vanced Arizona’s economy, including that the staff and the patients at Broadwater Health Center are grateful and for other purposes; to the Committee on the expansion of public education, the Finance. development of transportation sys- for Jill’s selflessness and leadership By Mr. THUNE (for himself and Ms. during this pandemic. I am grateful to tems, and the construction of infra- HASSAN): structure necessary to support Arizo- Jill for the extraordinary work she is S. 3794. A bill to expedite transportation ∑ na’s sports and tourism industries. doing to support her community. project delivery, facilitate infrastructure im- Mr. Hayes has also served as chair- f provement, and for other purposes; to the Committee on Commerce, Science, and man of the board of the Sandra Day MESSAGES FROM THE PRESIDENT Transportation. O’Connor Institute, the chairman of By Ms. SMITH (for herself and Mr. the Greater Phoenix Chamber of Com- Messages from the President of the TILLIS): merce, a board member of the Arizona United States were communicated to S. 3795. A bill to direct the Securities and Chamber of Commerce, a trustee of the the Senate by Ms. Roberts, one of his Exchange Commission to revise any rules Arizona Science Center, a member of secretaries. necessary to enable issuers of index-linked annuities to use the securities offering forms the Dean’s Advisory Board of the Ari- f zona State University Barrett Honors that are available to other issuers of securi- EXECUTIVE MESSAGES REFERRED ties; to the Committee on Banking, Housing, College, and a member of the Arizona and Urban Affairs. Commission on the Arts. He served as In executive session the Presiding Of- By Mr. COTTON: an aide to the former Minority Leader ficer laid before the Senate messages S. 3796. A bill to withhold funding author- and Arizona Congressman John J. from the President of the United ized under the CARES Act from any State or

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municipality that provides economic stim- viduals during accession into the Armed By Mrs. BLACKBURN (for Mr. MARKEY ulus payments through a program designed Forces, and for other purposes; to the Com- (for himself, Mrs. BLACKBURN, Mr. to exclusively assist illegal aliens; to the mittee on Armed Services. CARDIN, Mr. WICKER, Mr. MERKLEY, Committee on Appropriations. By Mr. BLUMENTHAL (for himself and Mr. YOUNG, Mr. MURPHY, Mr. By Mr. MORAN (for himself, Mr. BEN- Mr. KAINE): CRAMER, and Mrs. LOEFFLER)): NET, Ms. SMITH, and Mr. CASEY): S. 3808. A bill to improve the affordability S. 3819. A bill to encourage the protection S. 3797. A bill to provide overtime and holi- and accessibility of child care for military and promotion of internationally recognized day fee relief for small meat, poultry, and families, and for other purposes; to the Com- human rights during the novel coronavirus egg processing plants, and for other pur- mittee on Armed Services. pandemic, and for other purposes; to the poses; to the Committee on Agriculture, Nu- By Mr. BLUMENTHAL (for himself and Committee on Foreign Relations. trition, and Forestry. Mr. KAINE): By Mrs. BLACKBURN (for herself, Mr. By Mr. TOOMEY (for himself, Mr. VAN S. 3809. A bill to require the Comptroller MENENDEZ, Mr. SCOTT of Florida, and HOLLEN, Mr. TILLIS, and Mr. General of the United States to conduct a Mr. WYDEN): BLUMENTHAL): study on prenatal and postpartum mental S. 3820. A bill to amend the United States S. 3798. A bill to impose sanctions with re- health conditions among members of the International Broadcasting Act of 1994 to au- spect to foreign persons involved in the ero- Armed Forces and their dependents; to the thorize the Open Technology Fund of the sion of certain obligations of China with re- Committee on Armed Services. United States Agency for Global Media, and spect to Hong Kong, and for other purposes; By Mrs. FEINSTEIN (for Mr. MARKEY for other purposes; to the Committee on For- to the Committee on Banking, Housing, and (for himself and Mrs. FEINSTEIN)): eign Relations. Urban Affairs. S. 3810. A bill to provide that any termi- By Mrs. LOEFFLER: By Mr. BOOKER: nation of a director of a national research in- S. 3821. A bill to amend the Public Health S. 3799. A bill to expand access to health stitute or national center of the National In- Service Act to provide more options for af- care services, including sexual, reproductive, stitutes of Health be on the basis of malfea- fordable health insurance to uninsured and maternal health services, for immi- sance, neglect of office, or incapacity only; Americans; to the Committee on Health, grants by removing legal and policy barriers to the Committee on Health, Education, Education, Labor, and Pensions. to health insurance coverage, and for other Labor, and Pensions. By Mr. BOOKER: purposes; to the Committee on Finance. By Mrs. FEINSTEIN: S. 3822. A bill to establish DemocracyCorps By Mr. BLUMENTHAL (for himself and S. 3811. A bill to provide financial assist- to assist State and local governments admin- Mrs. GILLIBRAND): ance for projects to address certain subsid- ister elections and to promote democracy, to S. 3800. A bill to provide for the enhance- ence impacts in the State of California, and establish special procedures and authorize ment of command climate assessments in for other purposes; to the Committee on En- funding for Federal election in 2020 in re- the Armed Forces in order to improve the as- ergy and Natural Resources. sponse to COVID–19, to amend the Help sessment of matters in connection with mili- By Mr. MENENDEZ (for himself, Mr. America Vote Act of 2002 to establish addi- tary family readiness, and for other pur- CRAMER, Mr. DAINES, and Mr. BOOK- tional permanent requirements for Federal poses; to the Committee on Armed Services. ER): elections, and for other purposes; to the By Mr. BLUMENTHAL (for himself and S. 3812. A bill to amend title 38, United Committee on Rules and Administration. Mr. KAINE): States Code, to expand eligibility for hos- By Mr. MANCHIN (for himself, Mrs. S. 3801. A bill to authorize use of amounts pital care, medical services, and nursing HYDE-SMITH, and Ms. MURKOWSKI): in My Career Advancement Account Pro- home care from the Department of Veterans S. 3823. A bill to ensure that a portion of gram accounts for fines for breaking employ- Affairs to include veterans of World War II; funds appropriated to the Public Health and ment contracts in connection with perma- to the Committee on Veterans’ Affairs. Social Services Emergency Fund for pay- nent changes of station; to the Committee By Mr. BROWN (for himself and Mr. ments to eligible health care providers is re- on Armed Services. PORTMAN): served for such providers located in rural By Mr. CRUZ: S. 3813. A bill to amend the Omnibus Parks areas, and for other purposes; to the Com- S. 3802. A bill to require the imposition of and Public Lands Management Act of 1996 to sanctions with respect to censorship and re- mittee on Health, Education, Labor, and reauthorize the Ohio & Erie National Herit- lated activities against citizens of the Peo- Pensions. age Canalway, and for other purposes; to the ple’s Republic of China; to the Committee on By Ms. KLOBUCHAR (for herself and Committee on Energy and Natural Re- Foreign Relations. Mr. MORAN): sources. S. 3824. A bill to require the Federal Trade By Mr. CRUZ: S. 3803. A bill to amend the Communica- By Mr. BENNET (for himself and Mr. Commission to submit a report to Congress tions Act of 1934 to clarify the situations in YOUNG): on scams targeting seniors, and for other which the Federal Communications Commis- S. 3814. A bill to establish a loan program purposes; to the Committee on Commerce, sion may grant a request for the transfer of for businesses affected by COVID–19 and to Science, and Transportation. certain permits, and for other purposes; to extend the loan forgiveness period for pay- By Ms. KLOBUCHAR (for herself and the Committee on Commerce, Science, and check protection program loans made to the Mr. YOUNG): Transportation. hardest hit businesses, and for other pur- S. 3825. A bill to establish the Coronavirus By Mr. CARDIN: poses; to the Committee on Finance. Mental Health and Addiction Assistance Net- S. 3804. A bill to clarify that the ‘‘one- By Mrs. FEINSTEIN (for herself, Mr. work, and for other purposes; to the Com- touch make-ready’’ rules of the Federal BLUMENTHAL, and Mr. MURPHY): mittee on Health, Education, Labor, and Communication Commission for utility pole S. 3815. A bill to permit the search and re- Pensions. attachments do not supersede the National tention of certain records with respect to By Mr. BLUMENTHAL (for himself and Labor Relations Act or collective bargaining conducting criminal background checks, and Mrs. GILLIBRAND): agreements; to the Committee on Health, for other purposes; to the Committee on the S. 3826. A bill to require the Secretary of Education, Labor, and Pensions. Judiciary. Defense to provide additional resources, in- By Mr. KING (for himself, Mr. DAINES, By Mr. CASSIDY: cluding doula support, for pregnant bene- Mr. KAINE, Mr. TILLIS, Ms. STABE- S. 3816. A bill to authorize the Secretary of ficiaries under the TRICARE program, and NOW, and Mr. GARDNER): Energy to carry out a program to lease for other purposes; to the Committee on S. 3805. A bill to amend the Small Business underused facilities of the Strategic Petro- Armed Services. Act and the CARES Act to modify certain leum Reserve, and for other purposes; to the By Mr. TILLIS (for himself, Mr. BEN- provisions related to the forgiveness of loans Committee on Energy and Natural Re- NET, and Mrs. HYDE-SMITH): under the paycheck protection program, to sources. S. 3827. A bill to amend the Public Health allow recipients of loan forgiveness under By Mr. SCHATZ (for himself, Mrs. Service Act to authorize the use of the Stra- the paycheck protection program to defer BLACKBURN, Mr. COONS, Ms. MUR- tegic National Stockpile to enhance medical payroll taxes, and for other purposes; to the KOWSKI, Mr. DURBIN, Mr. WHITEHOUSE, supply chain elasticity and establish and Committee on Finance. Mr. BENNET, Ms. SMITH, Ms. maintain domestic reserves of critical med- By Mrs. HYDE-SMITH (for herself, Mr. DUCKWORTH, Mr. KAINE, Mr. ical supplies, and for other purposes; to the MENENDEZ, Mr. CASSIDY, and Mr. BLUMENTHAL, Mrs. SHAHEEN, Mrs. Committee on Health, Education, Labor, and PETERS): MURRAY, Ms. WARREN, Mr. TESTER, Pensions. S. 3806. A bill to waive cost share require- Mr. MARKEY, Mrs. FEINSTEIN, Mr. By Mr. SCHATZ (for himself, Ms. KLO- ments for certain Federal assistance pro- BOOKER, and Mr. BROWN): BUCHAR, Mr. WHITEHOUSE, Ms. HAR- vided under the Robert T. Stafford Disaster S. 3817. A bill to observe the lives lost in RIS, and Mr. BOOKER): Relief and Emergency Assistance Act; to the the United States due to the COVID–19 pan- S. 3828. A bill to establish an initiative for Committee on Homeland Security and Gov- demic; to the Committee on the Judiciary. national testing, contact tracing, and pan- ernmental Affairs. By Mr. RUBIO (for himself and Mr. demic response, and for other purposes; to By Mr. BLUMENTHAL (for himself and CARDIN): the Committee on Health, Education, Labor, Ms. BALDWIN): S. 3818. A bill to protect and promote the and Pensions. S. 3807. A bill to enhance the prevention of freedom of the press globally; to the Com- By Mr. RISCH (for himself, Mr. MUR- mental health discrimination against indi- mittee on Foreign Relations. PHY, and Mr. CARDIN):

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A bill to designate the facility of MCSALLY, Mr. PETERS, Mr. WICKER, sistance for global health security, and more the United States Postal Service located at Mrs. LOEFFLER, Mr. SULLIVAN, Mr. effectively enable partner countries to 2719 South Webster Street in Kokomo, Indi- RUBIO, Mr. INHOFE, and Mr. DAINES): strengthen and sustain resilient health sys- ana, as the ‘‘Opha May Johnson Post Office’’; S. Res. 596. A resolution expressing the tems and supply chains with the resources, to the Committee on Homeland Security and sense of the Senate that the Hong Kong na- capacity, and personnel required to prevent, Governmental Affairs. tional security law proposed by the Govern- detect, mitigate, and respond to infectious By Ms. STABENOW (for herself, Mr. ment of the People’s Republic of China would disease threats before they become LEAHY, Mr. BROWN, Ms. KLOBUCHAR, violate the obligations of that government pandemics, and for other purposes; to the Mr. BENNET, Mrs. GILLIBRAND, Mr. under the 1984 Sino-British Joint Declara- Committee on Foreign Relations. CASEY, Ms. SMITH, Mr. DURBIN, and tion and the Hong Kong Basic Law and call- By Mr. SULLIVAN: Mr. SCHUMER): ing upon all free nations of the world to S. 3830. A bill to amend title 31, United S. 3840. A bill to protect the continuity of stand with the people of Hong Kong; to the States Code, to authorize the issuance of the food supply chain of the United States in Committee on Foreign Relations. United States Pandemic Bonds to aid in the response to COVID–19, and for other pur- By Ms. COLLINS (for herself, Mr. funding of relief efforts related to poses; to the Committee on Agriculture, Nu- JONES, Mr. SCOTT of South Carolina, coronavirus disease 2019 (COVID–19); to the trition, and Forestry. Mr. CASEY, Mr. BURR, Mrs. GILLI- Committee on Finance. By Mr. GRASSLEY (for himself, Mr. BRAND, Ms. MCSALLY, Mr. By Mr. SULLIVAN (for himself, Mr. BROWN, Mr. WYDEN, and Mr. SCOTT of BLUMENTHAL, Mr. RUBIO, Ms. WAR- SCHATZ, and Mr. KING): South Carolina): REN, Mr. HAWLEY, Ms. SINEMA, Mr. S. 3831. A bill to authorize the position of S. 3841. A bill to protect 2020 recovery re- BRAUN, Ms. ROSEN, Mr. SCOTT of Flor- Assistant Secretary of Commerce for Travel bates for individuals from assignment or gar- ida, and Mr. GRASSLEY): and Tourism, to statutorily establish the nishment, and for other purposes; to the S. Res. 597. A resolution designating May United States Travel and Tourism Advisory Committee on Finance. 2020 as ‘‘Older Americans Month’’; considered Board, and for other purposes; to the Com- By Mr. WICKER: and agreed to. mittee on Commerce, Science, and Transpor- S. 3842. A bill to require the Secretary of By Mr. GRASSLEY (for himself, Ms. tation. Transportation to establish a pilot program STABENOW, Mr. JONES, Mr. LANKFORD, By Mr. SCHUMER (for himself and Mr. to provide assistance to certain entities in Mr. KAINE, Mr. KING, Mr. VAN HOL- YOUNG): rural communities, and for other purposes; LEN, Mr. ROBERTS, Mr. BLUMENTHAL, S. 3832. A bill to establish a new Direc- to the Committee on Commerce, Science, Mr. TILLIS, Ms. KLOBUCHAR, Mr. torate for Technology in the redesignated and Transportation. BLUNT, Mr. BROWN, Mr. BOOZMAN, Mr. National Science and Technology Founda- By Mr. MENENDEZ: SULLIVAN, Mr. SCOTT of South Caro- tion, to establish a regional technology hub S. 3843. A bill to establish a positive agen- lina, Mr. WICKER, Ms. HARRIS, Mr. program, to require a strategy and report on da and framework for the future of arms con- CASEY, Mr. CASSIDY, Mr. WYDEN, Ms. economic security, science, research, and in- trol with the Russian Federation and the SINEMA, Mr. YOUNG, Mr. INHOFE, Mrs. novation, and for other purposes; to the People’s Republic of China; to the Com- FEINSTEIN, Mr. MANCHIN, Ms. ERNST, Committee on Health, Education, Labor, and mittee on Foreign Relations. and Mr. ENZI): Pensions. By Mr. MENENDEZ: S. Res. 598. A resolution recognizing Na- By Mr. RUBIO (for himself, Mr. S. 3844. A bill to require a study conducted tional Foster Care Month as an opportunity CARDIN, Ms. COLLINS, Mrs. SHAHEEN, by the Secretary of State on the future of to raise awareness about the challenges of URBIN, Mr. GARDNER, Mr. Mr. D arms control with the People’s Republic of children in the foster care system, and en- DAINES, Mr. TILLIS, Mr. BRAUN, and China; to the Committee on Foreign Rela- couraging Congress to implement policies to Mrs. BLACKBURN): tions. improve the lives of children in the foster S. 3833. A bill to extend the loan forgive- By Mr. THUNE: care system; considered and agreed to. ness period for the paycheck protection pro- S.J. Res. 74. A joint resolution requesting By Mr. LANKFORD (for himself and gram, and for other purposes; read the first the Secretary of the Interior to authorize a Mr. INHOFE): time. unique and 1-time arrangement for certain S. Res. 599. A resolution honoring the life By Mr. BRAUN: displays on Mount Rushmore National Me- S. 3834. A bill to require the Secretary of and legacy of Judge Lee Roy West; consid- morial relating to the centennial of the rati- ered and agreed to. the Treasury to provide estimates of the use fication of the 19th Amendment to the Con- of taxpayer funds by the United States Gov- By Mr. MENENDEZ (for himself, Mr. stitution of the United States during the pe- RUBIO, Mr. CARDIN, Mr. TILLIS, Mr. ernment, and for other purposes; to the Com- riod beginning August 18, 2020, and ending on mittee on Finance. KAINE, Mr. BOOZMAN, Mr. COONS, Mr. September 30, 2020; to the Committee on En- CORNYN, Mr. MARKEY, Mrs. BLACK- By Mr. CRUZ: ergy and Natural Resources. S. 3835. A bill to prohibit the use of funds BURN, Mr. MERKLEY, Ms. COLLINS, and for the production of films by United States f Mr. CASEY): companies that alter content for screening S. Res. 600. A resolution recognizing wid- in the People’s Republic of China, and for SUBMISSION OF CONCURRENT AND ening threats to freedom of the press and ex- other purposes; to the Committee on Home- SENATE RESOLUTIONS pression around the world, reaffirming the land Security and Governmental Affairs. The following concurrent resolutions centrality of a free and independent press to the health of free societies and democracies, By Ms. MCSALLY: and Senate resolutions were read, and S. 3836. A bill to prohibit the use of funds and reaffirming freedom of the press as a pri- to purchase drones manufactured in the Peo- referred (or acted upon), as indicated: ority of the United States in promoting de- ple’s Republic of China or by Chinese state- By Mrs. LOEFFLER (for herself and mocracy, human rights, and good governance controlled entities; to the Committee on Ms. ERNST): in commemoration of World Press Freedom Foreign Relations. S. Res. 594. A resolution calling for the Day on May 3, 2020; to the Committee on By Mr. SCOTT of Florida (for himself, payments to States for the Child Care and Foreign Relations Mr. BRAUN, Mrs. BLACKBURN, Ms. Development Block Grant program to be suf- ERNST, Ms. MCSALLY, Mr. COTTON, ficient to cover losses experienced by child f and Mr. CRUZ): care providers due to the COVID–19 pan- S. 3837. A bill to require a thorough na- demic; to the Committee on Health, Edu- tional security evaluation and clearance by cation, Labor, and Pensions. ADDITIONAL COSPONSORS the Department of Homeland Security, the By Mr. MENENDEZ (for himself, Mr. S. 636 Department of State, and the Federal Bu- RUBIO, Mr. CARDIN, Mr. TILLIS, Mr. At the request of Mr. MENENDEZ, the reau of Investigation of all Chinese student KAINE, Mr. BOOZMAN, Mr. COONS, Mr. name of the Senator from Connecticut visa holders currently in the United States CORNYN, Mr. MARKEY, Mrs. BLACK- (Mr. MURPHY) was added as a cosponsor before issuing any new student visas to na- BURN, Mr. MERKLEY, Ms. COLLINS, and tionals of the People’s Republic of China; to Mr. CASEY): of S. 636, a bill to designate Venezuela the Committee on the Judiciary. S. Res. 595. A resolution recognizing wid- under section 244 of the Immigration By Mr. SCHATZ (for himself, Ms. MUR- ening threats to freedoms of the press and and Nationality Act to permit nation- KOWSKI, Mr. BOOZMAN, Mr. PETERS, expression around the world, reaffirming the als of Venezuela to be eligible for tem- Mr. KING, Mr. SULLIVAN, Mr. CRAMER, centrality of a free and independent press to porary protected status under such sec- and Mr. MARKEY): the health of free societies and democracies, tion. S. 3838. A bill to provide for the expansion and reaffirming freedom of the press as a pri- of the Rural Health Care Program of the ority of the United States in promoting de- S. 685 Federal Communications Commission in re- mocracy, human rights, and good governance At the request of Mr. LEE, the name sponse to COVID–19, and for other purposes; in commemoration of World Press Freedom of the Senator from California (Mrs.

VerDate Sep 11 2014 20:43 Aug 17, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\RECORD20\MAY\S21MY0.REC S21MY0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2587 FEINSTEIN) was added as a cosponsor of (Ms. SMITH) was added as a cosponsor COLLINS) was added as a cosponsor of S. S. 685, a bill to amend the Inspector of S. 3103, a bill to amend title XVIII of 3622, a bill to waive the cost share re- General Act of 1978 relative to the pow- the Social Security Act to restore quirement for Indian Tribes receiving ers of the Department of Justice In- State authority to waive for certain fa- disaster assistance relating to COVID– spector General. cilities the 35-mile rule for designating 19, and for other purposes. S. 944 critical access hospitals under the S. 3650 At the request of Mr. SCHATZ, the Medicare program. At the request of Ms. SMITH, the name of the Senator from New Mexico S. 3287 name of the Senator from Arizona (Ms. (Mr. HEINRICH) was added as a cospon- At the request of Mr. ENZI, the names SINEMA) was added as a cosponsor of S. sor of S. 944, a bill to enhance the secu- of the Senator from New Hampshire 3650, a bill to amend the Indian Health rity operations of the Transportation (Ms. HASSAN) and the Senator from Care Improvement Act to deem em- Security Administration and the sta- Georgia (Mrs. LOEFFLER) were added as ployees of urban Indian organizations bility of the transportation security cosponsors of S. 3287, a bill to modify as part of the Public Health Service for workforce by applying a unified per- the governmentwide financial manage- certain purposes, and for other pur- sonnel system under title 5, United ment plan, and for other purposes. poses. States Code, to employees of the S. 3308 S. 3652 Transportation Security Administra- At the request of Mr. MANCHIN, the At the request of Ms. SMITH, the tion who are responsible for screening names of the Senator from California name of the Senator from Vermont passengers and property, and for other (Mrs. FEINSTEIN), the Senator from (Mr. LEAHY) was added as a cosponsor purposes. Iowa (Ms. ERNST) and the Senator from of S. 3652, a bill to allow 2020 recovery S. 1066 New Jersey (Mr. BOOKER) were added as rebates with respect to qualifying chil- At the request of Mr. BOOKER, the cosponsors of S. 3308, a bill to amend dren over the age of 16 and other de- name of the Senator from Minnesota title 37, United States Code, to stand- pendents. (Ms. KLOBUCHAR) was added as a co- ardize payment of hazardous duty in- S. 3672 sponsor of S. 1066, a bill to provide an centive pay for members of the reserve At the request of Mr. WYDEN, the increased allocation of funding under components of the Armed Forces, and name of the Senator from New Jersey certain programs for assistance in per- for other purposes. (Mr. BOOKER) was added as a cosponsor sistent poverty counties, and for other S. 3360 of S. 3672, a bill to provide States and purposes. At the request of Mr. INHOFE, the Indian Tribes with flexibility in admin- name of the Senator from Mississippi istering the temporary assistance for S. 1620 (Mrs. HYDE-SMITH) was added as a co- needy families program due to the pub- At the request of Mr. KING, the name sponsor of S. 3360, a bill to establish lic health emergency with respect to of the Senator from Utah (Mr. LEE) was the National Center for the Advance- the Coronavirus Disease (COVID–19), to added as a cosponsor of S. 1620, a bill to ment of Aviation. make emergency grants to States and amend the Federal Meat Inspection Act S 3599 Indian Tribes to provide financial sup- to exempt from inspection the slaugh- . port for low-income individuals af- ter of animals and the preparation of At the request of Mr. PERDUE, the fected by that public health emer- carcasses conducted at a custom names of the Senator from California gency, and for other purposes. slaughter facility, and for other pur- (Mrs. FEINSTEIN) and the Senator from poses. New Mexico (Mr. UDALL) were added as S. 3685 cosponsors of S. 3599, a bill to enhance At the request of Mr. BROWN, the S. 1781 our Nation’s nurse and physician work- name of the Senator from Virginia (Mr. At the request of Mr. RUBIO, the force during the COVID–19 crisis by re- KAINE) was added as a cosponsor of S. name of the Senator from Ohio (Mr. capturing unused immigrant visas. 3685, a bill to provide emergency rental PORTMAN) was added as a cosponsor of S. 3612 assistance under the Emergency Solu- S. 1781, a bill to authorize appropria- At the request of Mr. CORNYN, the tions Grants program of the Secretary tions for the Department of State for names of the Senator from North Caro- of Housing and Urban Development in fiscal years 2020 through 2022 to provide lina (Mr. BURR), the Senator from Kan- response to the public health emer- assistance to El Salvador, Guatemala, sas (Mr. MORAN) and the Senator from gency resulting from the coronavirus, and Honduras through bilateral com- West Virginia (Mrs. CAPITO) were added and for other purposes. pacts to increase protection of women as cosponsors of S. 3612, a bill to clarify S. 3701 and children in their homes and com- for purposes of the Internal Revenue At the request of Ms. KLOBUCHAR, the munities and reduce female homicides, Code of 1986 that receipt of coronavirus name of the Senator from Maryland domestic violence, and sexual assault. assistance does not affect the tax (Mr. VAN HOLLEN) was added as a co- S. 2085 treatment of ordinary business ex- sponsor of S. 3701, a bill to require the At the request of Mr. CRAMER, the penses. Assistant Secretary of Commerce for name of the Senator from Mississippi S. 3616 Communications and Information, in (Mrs. HYDE-SMITH) was added as a co- At the request of Mr. BRAUN, the consultation with the Secretary of sponsor of S. 2085, a bill to authorize name of the Senator from Mississippi Education, to promulgate regulations the Secretary of Education to award (Mr. WICKER) was added as a cosponsor to provide support to institutions of grants to eligible entities to carry out of S. 3616, a bill to amend title 38, higher education for the provision of educational programs about the Holo- United States Code, to provide for the certain equipment and services to stu- caust, and for other purposes. inclusion of certain emblems on dents of those institutions, and for S. 3056 headstones and markers furnished for other purposes. At the request of Mr. DURBIN, the veterans by the Secretary of Veterans S. 3704 names of the Senator from Washington Affairs, and for other purposes. At the request of Mr. WICKER, the (Mrs. MURRAY) and the Senator from S. 3620 name of the Senator from Maine (Ms. Minnesota (Ms. SMITH) were added as At the request of Mr. REED, the COLLINS) was added as a cosponsor of S. cosponsors of S. 3056, a bill to designate names of the Senator from California 3704, a bill to amend the Scientific and as wilderness certain Federal portions (Ms. HARRIS), the Senator from Hawaii Advanced-Technology Act of 1992 to of the red rock canyons of the Colorado (Ms. HIRONO) and the Senator from further support advanced technological Plateau and the Great Basin Deserts in Massachusetts (Mr. MARKEY) were manufacturing, and for other purposes. the State of Utah for the benefit of added as cosponsors of S. 3620, a bill to S. 3713 present and future generations of peo- establish a Housing Assistance Fund at At the request of Mr. MANCHIN, the ple in the United States. the Department of the Treasury. name of the Senator from Delaware S. 3103 S. 3622 (Mr. COONS) was added as a cosponsor At the request of Mr. DURBIN, the At the request of Mr. HEINRICH, the of S. 3713, a bill to require the Sec- name of the Senator from Minnesota name of the Senator from Maine (Ms. retary of Defense to provide to certain

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.022 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2588 CONGRESSIONAL RECORD — SENATE May 21, 2020 members of the National Guard serving STATEMENTS ON INTRODUCED acre-feet per year on average. While on active service in response to the BILLS AND JOINT RESOLUTIONS parts of the California Aqueduct are coronavirus (COVID–19) the transi- By Mrs. FEINSTEIN: State-owned, the majority of the re- tional health benefits provided to S. 3811. A bill to provide financial as- pairs are on its federally owned por- members of the reserve components sistance for projects to address certain tion. separating from active duty. subsidence impacts in the State of The bill would also authorize $200 S. 3714 California, and for other purposes; to million in additional funding for the At the request of Mr. MANCHIN, the the Committee on Energy and Natural Environmental Restoration Goal of the name of the Senator from Nevada (Ms. Resources. San Joaquin River settlement. This ROSEN) was added as a cosponsor of S. Mrs. FEINSTEIN. Mr. President, I provision will ensure that the bill helps 3714, a bill to extend the covered period rise to speak in support of the Restora- to restore not only the San Joaquin for loan forgiveness and the rehiring tion of Essential Conveyance Act, Valley’s water supply, but also its na- period under the CARES Act, and for which I introduced today. Representa- tive salmon runs. I think it is appro- other purposes. tives TJ COX and JIM COSTA, both priate that we consider legislation that S. 3727 Democrats of California, have intro- would benefit both our water supply At the request of Mr. WHITEHOUSE, duced companion legislation in the and the environment. his name was added as a cosponsor of House. Benefits of the bill: If the Federal S. 3727, a bill to provide for cash re- This legislation would help Cali- Government covers a portion of the funds for canceled airline flights and fornia water users and California’s na- cost of restoring these three essential tickets during the COVID–19 emer- tion-leading agricultural industry com- Federal canals for conveying flood- gency. ply with a recent State requirement to waters, it will give local farmers a S. 3732 end the overpumping of groundwater. fighting chance to bring their ground- At the request of Mr. CORNYN, the The stakes are huge: Bringing ground- water basins into balance without name of the Senator from South Caro- water into balance will reduce the being forced to retire massive amounts lina (Mr. GRAHAM) was added as a co- water supply of the San Joaquin Valley of land. sponsor of S. 3732, a bill to amend title by about 2 million acre-feet per year. Critically, the ability to deliver 18, United States Code, to further pro- Unless local water agencies and the floodwaters through restored Federal tect officers and employees of the State and Federal governments take canals will allow the water districts to United States, and for other purposes. action, a recent U.C. Berkeley study invest in their own turnouts, pumps, has projected severe impacts from S. 3749 detention basins and other ground- these water supply losses: 798,000 acres At the request of Mr. BLUMENTHAL, water recharge projects. The South the names of the Senator from Massa- of land would have to be retired from Valley Water Association, which covers agricultural production, nearly one- chusetts (Ms. WARREN), the Senator just a small part of the Valley, pro- sixth of the working farmland in an from Illinois (Mr. DURBIN), the Senator vided my office with a list of 36 such area that produces half the fruit and from Massachusetts (Mr. MARKEY), the projects for its area alone. vegetables grown in the Nation; and Senator from Wisconsin (Ms. BALDWIN), The Public Policy Institute of Cali- $5.9 billion would be lost in annual the Senator from California (Ms. HAR- fornia, or PPIC, has determined that farm income. RIS), the Senator from Hawaii (Ms. groundwater recharge projects are the How the bill would help: One of the HIRONO) and the Senator from Min- best option to help the San Joaquin most cost-effective and efficient ways nesota (Ms. KLOBUCHAR) were added as Valley comply with the new state to restore groundwater balance is to cosponsors of S. 3749, a bill to protect groundwater pumping law. PPIC convey floodwaters to farmlands where the privacy of health information dur- projects that the Valley can make up they can recharge the aquifer. Cali- ing a national health emergency. 300,000 to 500,000 acre feet of its ground- fornia has the most variable precipita- S. 3752 water deficit through recharge tion of any State. When we get massive ENENDEZ projects. At the request of Mr. M , the storms from atmospheric rivers, there name of the Senator from Arizona (Ms. is plenty of runoff to recharge Job Losses if We Take No Action: A SINEMA) was added as a cosponsor of S. aquifers—but only if we can effectively forthcoming study commissioned by 3752, a bill to amend title VI of the So- convey the floodwaters throughout the the coalition group called the ‘‘Water cial Security Act to establish a San Joaquin Valley to recharge areas. Blueprint for the San Joaquin Valley’’ Coronavirus Local Community Sta- Here is where the challenge arises. estimates that required reductions in bilization Fund. For a variety of reasons, the ground be- groundwater could cause a loss of up to S. RES. 579 neath the major canals has dropped by 42,000 farm and agricultural jobs in the At the request of Mr. DURBIN, the as much as 10 to 20 feet which has San Joaquin Valley. Another 40,000 name of the Senator from California caused canals designed to convey flood- jobs or more could be lost statewide (Ms. HARRIS) was added as a cosponsor waters to buckle and drop in many each year due to reductions in valley of S. Res. 579, a resolution encouraging places. Other parts of the canals have agricultural production, putting the the international community to re- not subsided, so the water gets stuck in total at approximately 85,000 jobs main committed to collaboration and the low points. statewide. Most of these impacts will coordination to mitigate and prevent As a result, these essential canals for fall disproportionately on economi- the further spread of COVID–19 and conveying floodwaters have lost as cally disadvantaged communities. urging renewed United States leader- much as 60 percent of their conveyance These impacts will be significant un- ship and participation in any global ef- capacity. The bill I am introducing less we address them through collabo- forts on therapeutics and vaccine de- today would provide Federal assistance rative planning, policies, infrastruc- velopment and delivery to address to help fix these Federal canals. ture, recharge, and necessary financial COVID–19 and prevent further deaths, Specifically, the bill would authorize support. and for other purposes. $600 million in Federal funding-cost Friant-Kern Canal: Let me now turn S. RES. 589 share for three major projects to repair to the three critical canals that the At the request of Ms. HIRONO, the Federal canals damaged by subsidence bill would authorize assistance to re- name of the Senator from New Hamp- to achieve their lost capacity: $200 mil- store. The Friant-Kern Canal is a key shire (Ms. HASSAN) was added as a co- lion for the Friant-Kern Canal, which feature of the Friant Division of the sponsor of S. Res. 589, a resolution rec- would move an additional 100,000 acre- Federal Central Valley Project on the ognizing the significance of Asian/Pa- feet per year on average; $200 million Eastside of the San Joaquin Valley. cific American Heritage Month as an for the Delta Mendota Canal, which For nearly 70 years, the Friant Divi- important time to celebrate the sig- would move an additional 62,000 acre- sion successfully kept groundwater ta- nificant contributions of Asian Ameri- feet per year on average; and $200 mil- bles stable on the Eastside. This pro- cans and Pacific Islanders to the his- lion for California Aqueduct repairs, vided a sustainable source of water for tory of the United States. which would move an additional 205,000 farms and for thousands of Californians

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.024 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2589 and more than 50 small, rural, or dis- these farmers and communities reliant remains intact so that the workforce advantaged communities who rely en- of the agricultural economy a fighting can come back to work as soon as pos- tirely on groundwater for their house- chance to keep their lands in produc- sible. hold water supplies. tion. It is important, as we discuss the But unsustainable groundwater I hope my colleagues will join me in economic data behind the PPP, to re- pumping in the valley has reduced the support of this bill. I yield the floor. member that these are real businesses Friant-Kern Canal’s ability to deliver with real people—people like Larry water to all who need it. Land ele- By Mr. RUBIO (for himself, Mr. Geaghan, who owns and runs a craft vation subsidence caused by over- CARDIN, Ms. COLLINS, Mrs. SHA- brewery and pub in Bangor, ME. Larry pumping means that not all of the sup- HEEN, and Mr. DURBIN): calls the PPP a ‘‘lifeline bill’’ that has plies stored at Friant Dam can be con- S. 3833. A bill to extend the loan for- made all the difference in helping him veyed through the canal. In some giveness period for the paycheck pro- to bring back 25 of his employees and areas, the canal can carry only 40 per- tection program, and for other pur- reopen for takeout business. cent of what it is designed to deliver. poses; read the first time. Another Maine borrower—the owner In 2017, a very wet year in which we Ms. COLLINS. Mr. President, I rise of a small marina—told me that the should have been banking as much today to introduce, with my colleagues PPP was exactly what he needed at ex- flood water as possible, the Friant- Senator RUBIO, CARDIN, and SHAHEEN, actly the right time. With the PPP, Kern Canal couldn’t deliver an addi- legislation to strengthen the Paycheck this marina has been able to keep all of tional 300,000 acre-feet of water that it Protection Program, which has proven its employees on payroll, and because would have been able to convey had its to be such an important lifeline to they weren’t worried about whether capacity not been limited by subsid- America’s small businesses and their they would have a paycheck, these em- ence. This significant amount of water employees during this pandemic. ployees continued spending as they would have been destined for ground- Senators RUBIO, CARDIN, SHAHEEN, normally would—exactly what our water recharge efforts in the south San and I worked together as part of the Maine economy needs. Joaquin Valley, where the impacts of Small Business Task Force to create Another example of a small business reduced water deliveries, water quality this program during the development helped by the PPP is the Frog & Turtle issues and groundwater regulation are of the CARES Act 2 months ago. Gastro Pub in Westbrook, ME. This expected to be most severe. Since its launch in early April, this pub just completed an extensive ren- California Aqueduct and Delta program has provided forgivable loans ovation and is hoping to reopen June 1, Mendota Canal: The California Aque- totaling more than $510 billion to ap- the first day that sit-down dining serv- duct serves more than 27 million people proximately 4.3 million small employ- ice will be allowed again in the State in Southern California and the Silicon ers across the country. The over- of Maine. Valley and more than 750,000 acres of whelming majority of borrowers are The owner of this pub wrote to me to the Nation’s most productive farmland. very small employers. say that the ‘‘PPP program allowed us But despite its name, much of the Cali- In phase 1 of the program, the aver- to bring back our 15 employees and sus- fornia Aqueduct is owned by the Fed- age PPP loan size nationally was tain our business during these trying eral Government and serves portions of $206,000. That translates to an average conditions,’’ and that taking a PPP Silicon Valley, small towns and com- employer size of just 18 employees. As loan was the ‘‘right decision’’ for his munities in the northern San Joaquin more loans have been approved in employees and for his small restaurant. Valley, and farms from Firebaugh to phase 2, the average loan size nation- When we were initially developing Kettleman City. The aqueduct rep- ally has dropped to $118,000, suggesting the Paycheck Protection Program, we resents a successful 70–year partner- an average business size of about 10 had no idea how long the pandemic ship between the Federal Government employees. would last. We did not know that there and the State of California. In Maine, the average loan size is In recent years, particularly recent would be virtually universal economic even smaller, with borrowers having an shutdowns, nor did we know how each drought years, the California Aqueduct estimated 12 employees in phase 1 and has subsided. It has lost as much as 20 State would respond to outbreaks in just three employees in phase 2. Ac- percent of its capacity to move water their communities. The bipartisan bill cording to the U.S. Census Bureau, to California’s families, farms, and that we are introducing today builds nearly two-thirds of the small busi- businesses. California is leading efforts on the success of the PPP by providing nesses in Maine have benefited from to repair the aqueduct and is working small businesses with additional flexi- PPP loans, and that is, I am pleased to to provide its share of funding, but the bility so that they can more effectively say, among the highest rates in the Na- Federal Government will also need to use these funds in conjunction with tion. pay its fair share. The bill I am intro- State reopening plans. In many ways, it is not a surprise. ducing today would authorize $200 mil- And, again, I would remind my col- Maine is the State of small businesses. lion toward restoring the California leagues that when we were drafting the Ninety percent of all the Maine busi- Aqueduct. first version of this, it was before there The Delta-Mendota Canal stretches nesses are considered to be small busi- were widespread orders shutting down southward 117 miles from the C.W. Bill nesses, and they employ approximately restaurants and bars and retail estab- Jones Pumping Plant along the west- 60 percent of all the workers in our lishments. ern edge of the San Joaquin Valley, State. Overall, in Maine, the funds are Specifically, the Paycheck Protec- parallel to the California Aqueduct. sufficient to support approximately tion Program Extension Act that we The Delta-Mendota Canal has lost 15 200,000 jobs. are introducing today would do the fol- percent of its conveyance capacity due Let’s think about this. That means lowing: It would allow borrowers the to subsidence. The bill I am intro- that a business that is seeing receipts flexibility to use their 8 weeks of fund- ducing today would authorize $200 mil- go down, is in a cash flow problem, li- ing at a point of their choosing within lion toward restoring its full ability to quidity has dried up can still retain a 16-week period. Small businesses convey floodwaters to farms needing to employees who otherwise would have could choose the period that they be- recharge their groundwater, and to been laid off. In more cases, it has al- lieve works best to coincide with the wildlife refuges for migratory water- lowed a business to call back fur- reopening of their local economy. fowl. loughed employees. And even in cases So some small businesses took the In conclusion, this bill responds to a where the business has been forced to loans very early, thinking that the potential crisis that very possibly close its doors because of government shutdowns would not last or that the could cause the forced retirement of orders, it has kept alive the connection pandemic would be on the way down by nearly one-sixth of the working farm- between the employer and his or her now, which it is in some States, thank land in an area that produces half of employees. That is so important be- goodness, but not in all. America’s fruits and vegetables. cause, as the economy does open back Well, this builds in more flexibility. These are Federal canals, and the up, we want to make sure that link be- You would have 16 weeks to use the Federal Government must help give tween the employer and the employees loan funds instead of 8.

VerDate Sep 11 2014 07:04 May 22, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.045 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2590 CONGRESSIONAL RECORD — SENATE May 21, 2020 Second, it extends the deadline to Mr. CRUZ. Mr. President, I rise today Xu Zhangrun, a Chinese law professor apply for a PPP loan from June 30 to to discuss the single most dangerous who spoke out about the Chinese Gov- December 31 of this year. geopolitical threat that America faces ernment’s handling of the coronavirus Again, this reflects the fact that now and through the next century— outbreak and criticized Chinese Presi- shutdowns lasted far longer in vir- China. dent Xi, has been missing since Feb- tually every State than we anticipated We are in the midst of a pandemic ruary. when we were drafting the bill in that has infected over 5 million people Chen Qiushi, a Chinese lawyer and March. and has claimed the lives of over 300,000 journalist who went to Wuhan to re- Third, the bill would allow borrowers people worldwide. In the United States port on what was happening there, has to use loan funds to purchase personal alone, the pandemic has infected over been missing since February 6. Fang protective equipment for employees 1.5 million people and has claimed over Bin, a Wuhan businessman and jour- and to pay for adaptive investments 93,000 lives. nalist who reported on the number of needed to reopen safely. The coronavirus pandemic has shat- bodies piling up outside a Wuhan hos- Adaptive investments could include tered the lives of husbands and wives, pital has been missing since February modifications to a commercial prop- daughters, sons, granddaughters, 9. Li Zehua, a journalist who quit his erty to comply with the social grandsons, brothers, sisters, nieces, job as a broadcaster for the Chinese distancing regulations or guidelines nephews who have lost loved ones to Communist Party’s TV station so he from the CDC. It could mean creating COVID–19. could report on what was happening in or expanding a drive-through window It has also shattered the lives of Wuhan, went missing for 28 days and service, erected physical barriers such those who have lost their jobs, their then was allowed to reappear in public as we see at the grocery stores now, livelihoods, because of this disease. only after he praised the government’s those plexiglass barriers or sneeze Thirty-eight million Americans are policy. Ren Zhiqiang, a real estate ty- guards. It could mean installing ven- now out of work. The unemployment coon, who had been publicly critical of tilation system upgrades or, as many rate is at the highest it has ever been President Xi’s handling of the restaurants have mentioned to me, since the Great Depression, and entire coronavirus crisis, has been missing they would like to add an outside patio industries are on the brink of collapse. since March 12. And Xu Zhiyong, a civil for outdoor eating, which would allow Just 4 months ago, when the economy rights lawyer and a legal scholar who them to maintain the same number of was booming, that was unthinkable. criticized President Xi on social media customers, which they can’t do now, Where did this pandemic start? In for his handling of the coronavirus cri- and abide by the social distancing China. Whether it began at the Huanan sis, has been on house arrest since Feb- guidelines. wet market, a barbaric breeding ruary 13. If the Chinese Government had acted The bill would also clarify that the ground for disease, where snakes and current lender hold-harmless provision responsibly and sought the advice of turtles and puppies and kittens and relates to all Small Business Adminis- public health professionals instead of bats and other wildlife and farm ani- tration and Treasury guidance regard- silencing them, there is a very real pos- mals are killed and sold, or whether it ing PPP loans. A lender that in good sibility the coronavirus could have began due to substandard safety proto- faith followed Federal guidance related been contained as a regional outbreak. cols at the Wuhan Institute of Virol- to PPP would not be later held liable if Instead, we are now dealing with a ogy, where research into coronavirus the guidance subsequently changed. deadly global pandemic. I would like to give a shout-out to was being conducted and specifically These brave men and women are just our small community banks and credit coronavirus from bats, we don’t yet the latest targets of the Chinese Com- unions in the State of Maine. They know. munist Government’s relentless at- have really stepped up to the plate for Here is what we do know: Not only tacks on truth-tellers, on freedom this program to serve the small busi- did the coronavirus outbreak start in fighters, and on religious and ethnic nesses, small employers in our State, China, the Chinese Communist Govern- minorities. The Chinese Government is for the small nonprofits, and that has ment did everything it could to cover a 1984-style dystopian state, and it has made a real difference to the employ- up the severity of the outbreak, from tracked and imprisoned millions of ees of these establishments. lying about the origin of the virus to Uyghurs and other religious minori- And finally, the bill would clarify how it is transmitted, to destroying ties. The Chinese Government is con- that borrowers who have maintained evidence, to silencing the brave whis- stantly tracking the movements of payroll for 8 weeks will not lose loan tleblower doctors and scientists and millions of people using cutting-edge forgiveness due to the extension of the journalists and activists who tried to biotechnology and artificial intel- program to 16 weeks. warn the world and prevent a global ligence, and it has put 1 million Now, I would hope that that would be pandemic. Uyghurs, right now, into concentration obvious, but we wanted to make sure It has been reported recently that be- camps. that we were explicit. tween January 1 and April 4, the Chi- In 2017, I led a bipartisan resolution The Paycheck Protection Program is nese Government charged 484 people in this body condemning the Chinese the single most critical stimulus pro- with crimes because of comments they Communist Party’s persecution of reli- gram protecting Main Street America made about the coronavirus pandemic. gious minorities, particularly Buddhist from the economic devastation of the In Wuhan, eight doctors who sounded Tibetans. Last year, I introduced legis- measures taken to control the spread the alarm about coronavirus in Decem- lation and urged the Trump adminis- of COVID–19. The bill we are intro- ber were accused of spreading lies, ar- tration to blacklist Chinese companies ducing today strengthens the PPP to rested, and forced to sign documents that are aiding the Chinese Govern- reflect the evolving nature of this pan- claiming that they had made false ment in its persecution of the Uyghurs. demic, the necessity of regulatory ac- statements that ‘‘disturbed the public The administration implemented the tions that have caused a great deal of order.’’ recommendations in my legislation, economic harm but were necessary to In reality, they were telling the and as a result those companies are prevent the spread of the virus, and I truth. They were warning us. now banned from acquiring American urge all of my colleagues to support One of those doctors, Dr. Ai Fen, has goods. That is a step in the right direc- this bill. been missing since late March. An- tion. other, Dr. Li Wenliang, has since died We have known that China’s surveil- By Mr. CRUZ: from the coronavirus. Dr. Li lance state and censorship practices S. 3835. A bill to prohibit the use of Wenliang’s wife was pregnant with the are a great threat to human rights, but funds for the production of films by couple’s second child when he died. what the pandemic has shown us is United States companies that alter And it is not just Chinese doctors that China’s surveillance state and content for screening in the People’s who are paying the price for telling the censorship is also a great threat to our Republic of China, and for other pur- truth; journalists and activists who national security and to public health. poses; to the Committee on Homeland courageously spoke up are disappearing Had those doctors, journalists, and ac- Security and Governmental Affairs. too. tivists who were trying to tell the

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.026 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2591 truth—desperately trying to warn the they changed the Ancient One’s char- There being no objection, the text of world—had they been allowed to speak, acter from Tibetan, as portrayed in the the bill was ordered to be printed in the coronavirus outbreak might have comic book, to Celtic. And in the ‘‘Top the RECORD, as follows: been stopped in its tracks. We may not Gun’’ sequel that is set to come out S. 3794 have had to deal with this devastating later this year, the Taiwanese and Jap- Be it enacted by the Senate and House of Rep- pandemic that has claimed the lives anese flag on the back of Maverick’s resentatives of the United States of America in and the livelihoods of men and women jacket were removed to appease the Congress assembled, all over the world. Chinese Communist Party. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. That is why, today, I am introducing Think about that for a second. What (a) SHORT TITLE.—This Act may be cited as legislation to sanction Chinese officials message does it send that ‘‘Maverick,’’ the ‘‘Railroad Rehabilitation and Financing who helped censor political speech or an American icon, is apparently afraid Innovation Act’’. suppress the dissemination of medical of Chinese Communists. That is ridicu- (b) TABLE OF CONTENTS.—The table of con- information by citizens of China. This lous. tents for this Act is as follows: legislation would impose visa bans and That is why, today, I am introducing Sec. 1. Short title; table of contents. asset blocks on those who punish or the SCRIPT Act, which would cut off Sec. 2. Railroad Rehabilitation and Im- provement Financing Program. censor Chinese citizens for reporting Hollywood studios from the assistance they receive from the U.S. Government Sec. 3. Conforming amendments. accurate information about a disease Sec. 4. Transitional and savings provisions. or a pathogen and hopefully will help if those films censor their films for screening in China. It is common prac- Sec. 5. Repeals. prevent something like this from ever tice for major Hollywood films to con- SEC. 2. RAILROAD REHABILITATION AND IM- happening again in China. PROVEMENT FINANCING PROGRAM. tract with the Pentagon to use jets and We need to be vigilant and to act (a) AMENDMENT TO TITLE 49, UNITED STATES tanks and to film on bases and aircraft where we can to thwart the Chinese CODE.—Part B of subtitle V of title 49, carriers. Government’s attempts to twist the United States Code, is amended by inserting The SCRIPT Act should be a wake-up truth, to censor, and to silence within after chapter 223 the following: call for Hollywood. Studios would be ‘‘CHAPTER 224—RAILROAD REHABILITA- China, but we also need to be vigilant forced to choose between the assistance about the Chinese Government’s at- TION AND IMPROVEMENT FINANCING from the Federal Government or the PROGRAM tempts to censor and silence elsewhere, money they want from China. including in our own Nation. ‘‘22401. Definitions. The second way the Chinese Govern- ‘‘22402. Direct loans and loan guarantees. In the United States, the Chinese ment attempts to spread propaganda is ‘‘22403. Administration of direct loans and Government attempts to spread propa- by purchasing access to our cultural loan guarantees. ganda by two ways: by leveraging their and educational centers. The Chinese ‘‘22404. Employee protection. enormous market access to coerce Government spends billions of dollars ‘‘22405. Substantive criteria and standards. Americans into self-censorship, espe- to shape what the next generation of ‘‘22406. Funding. cially to Hollywood and sports teams Americans know and think about ‘‘§ 22401. Definitions that stand to make billions of dollars China. They have a pervasive presence ‘‘In this chapter: in China, and by simply purchasing ac- in our K–12 education and in our col- ‘‘(1) COST.— cess to our cultural and educational leges and universities, especially ‘‘(A) IN GENERAL.—The term ‘cost’ means centers. With both levers, Chinese offi- through Confucius Institutes and by di- the estimated long-term cost to the Govern- cials have one objective: to shape what rectly financing departments and cen- ment of a direct loan or loan guarantee, or Americans see, hear, and ultimately modification of the direct loan or loan guar- ters. antee, calculated on a net present value think. In the National Defense Authoriza- basis, excluding administrative costs and China has the world’s second largest tion Act for Fiscal Year 2019, I au- any incidental effects on governmental re- film market, second only the United thored bipartisan legislation prohib- ceipts or outlays. States, and it does around $8 billion in iting the Department of Defense from ‘‘(B) COST OF DIRECT LOANS.— box office revenues per year. The Chi- funding universities when the money ‘‘(i) IN GENERAL.—The cost of a direct loan nese film market is comprised of Chi- could go to Confucius Institutes. As a shall be the net present value, at the time nese films, but they also make sure to result, over a dozen Confucius Insti- when the direct loan is disbursed, of the fol- allow a few dozen American films into tutes have closed. lowing estimated cash flows: their market every year. The number We need to stand up and deal directly ‘‘(I) Loan disbursements. ‘‘(II) Repayments of principal. is deliberately kept low, and in ex- with the threat China poses. China bears direct responsibility and direct ‘‘(III) Payments of interest and other pay- change for access, American film com- ments by or to the Government over the life panies submit their films to China’s culpability for the over 300,000 people of the loan. censors who often force them to change who have died worldwide and for the ‘‘(ii) CALCULATION.—Calculation of the cost those films. American companies have trillions in economic livelihoods that of a direct loan shall include the effects of learned this fact, and they will often have been destroyed. changes in loan terms resulting from the ex- change the films even in advance of Today, I introduce three pieces of ercise by the borrower of an option included submitting. legislation to directly address Chinese in the loan contract. ‘‘(C) COST OF LOAN GUARANTEE.— As a result, they control not just censorship and their responsibility for this pandemic, and we, as a body, as a ‘‘(i) IN GENERAL.—The cost of a loan guar- what audiences see in China but also antee shall be the net present value, at the what Americans see. The Chinese Gov- bipartisan body, need to stand and stand strong protecting U.S. national time when the guaranteed loan is disbursed, ernment’s censorship office seeks to of the following estimated cash flows: security, protecting the lives of Ameri- edit anything to do with Tibet, with ‘‘(I) Payments by the Government to cover cans, and ensuring accountability; that Taiwan, with Tiananmen Square, with defaults and delinquencies, interest sub- the Chinese Communist Party has ac- human rights, with democracy, with sidies, or other payments. countability for their censorship, their religion, or with any criticism of com- ‘‘(II) Payments to the Government, includ- hiding of the facts of this pandemic, ing origination and other fees, penalties, and munism, particularly the Chinese Com- and the lives that have been lost as a recoveries. munist Party. Recently, the Chinese result of their coverup. ‘‘(ii) CALCULATION.—Calculation of the cost Government has succeeded in forcing of a loan guarantee shall include the effects changes to movies such as ‘‘Top Gun,’’ By Mr. THUNE (for himself and of changes in loan terms resulting from the the sequel; such as ‘‘Doctor Strange’’; Ms. HASSAN): exercise by the guaranteed lender of an op- such as ‘‘Skyfall’’; such as the remake S. 3794. A bill to expedite transpor- tion included in the loan guarantee, or by of ‘‘Red Dawn.’’ ‘‘Pixels,’’ ‘‘Looper,’’ tation project delivery, facilitate infra- the borrower of an option included in the ‘‘Bohemian Rhapsody’’ all were movies structure improvement, and for other guaranteed loan contract. ‘‘(D) COST OF MODIFICATION.—The cost of a that were changed. purposes; to the Committee on Com- modification is the difference between the In ‘‘Bohemian Rhapsody,’’ the Chi- merce, Science, and Transportation. current estimate of the net present value of nese Communist Party edited out ref- Mr. THUNE. Mr. President, I ask the remaining cash flows under the terms of erences to the fact that Freddy Mer- unanimous consent that the text of the a direct loan or loan guarantee contract, and cury was gay. In ‘‘Doctor Strange,’’ bill be printed in the RECORD. the current estimate of the net present value

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.024 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2592 CONGRESSIONAL RECORD — SENATE May 21, 2020 of the remaining cash flows under the terms outstanding direct loans (or direct loan obli- Federal program for the relevant passenger of the contract, as modified. gations) or loan guarantee (or loan guar- rail station or service by increasing rider- ‘‘(E) ESTIMATION OF NET PRESENT VALUES; antee commitment), such as a change in col- ship, tenant lease payments, or other activi- DISCOUNT RATE.—In estimating net present lection procedures. ties that generate revenue exceeding costs. values, the discount rate shall be the average ‘‘(11) PROJECT OBLIGATION.—The term ‘‘(2) OPERATING EXPENSES NOT ELIGIBLE.— interest rate on marketable Treasury securi- ‘project obligation’ means a note, bond, de- Direct loans and loan guarantees under this ties of similar maturity to the cash flows of benture, or other debt obligation issued by a section shall not be used for railroad oper- the direct loan or loan guarantee for which borrower in connection with the financing of ating expenses. the estimate is being made. a project, other than a direct loan or loan ‘‘(3) SUNSET.—The Secretary may provide a ‘‘(F) ESTIMATED COST; BASIS.—When funds guarantee under this chapter. direct loan or loan guarantee under this sec- are obligated for a direct loan or loan guar- ‘‘(12) RAILROAD.—The term ‘railroad’ has tion for a project described in paragraph antee, the estimated cost shall be based on the meaning given the term ‘railroad carrier’ (1)(E) only during the 4-year period begin- the current assumptions, adjusted to incor- in section 20102. ning on December 4, 2015. porate the terms of the loan contract, for the ‘‘(13) RATING AGENCY.—The term ‘rating ‘‘(c) PRIORITY PROJECTS.—In granting ap- fiscal year in which the funds are obligated. agency’ means a credit rating agency reg- plications for direct loans or guaranteed ‘‘(2) CURRENT.—The term ‘current’ has the istered with the Securities and Exchange loans under this section, the Secretary shall same meaning given the term in section Commission as a nationally recognized sta- give priority to projects that— 250(c)(9) of the Balanced Budget and Emer- tistical rating organization (as defined in ‘‘(1) enhance public safety, including gency Deficit Control Act of 1985 (2 U.S.C. section 3(a) of the Securities Exchange Act projects for the installation of a positive 900(c)(9)). of 1934 (15 U.S.C. 78c(a))). train control system (as defined in section ‘‘(3) DIRECT LOAN.— ‘‘(14) SECRETARY.—The term ‘Secretary’ 20157(i)); ‘‘(A) IN GENERAL.—The term ‘direct loan’ means the Secretary of Transportation. ‘‘(2) promote economic development; means a disbursement of funds by the Gov- ‘‘(15) SUBSTANTIAL COMPLETION.—The term ‘‘(3) enhance the environment; ernment to a non-Federal borrower under a ‘substantial completion’ means— ‘‘(4) enable United States companies to be contract that requires the repayment of the ‘‘(A) the opening of a project to passenger more competitive in international markets; funds. or freight traffic; or ‘‘(5) are endorsed by the plans prepared ‘‘(B) INCLUSIONS.—The term ‘direct loan’ ‘‘(B) a comparable event, as determined by under chapter 227 of this title or section 135 includes the purchase of, or participation in, the Secretary and specified in the terms of of title 23 by the State or States in which the a loan made by another lender and financing the direct loan or loan guarantee. projects are located; arrangements that defer payment for more ‘‘§ 22402. Direct loans and loan guarantees ‘‘(6) improve railroad stations and pas- senger facilities and increase transit-ori- than 90 days, including the sale of a Govern- ‘‘(a) GENERAL AUTHORITY.—The Secretary ment asset on credit terms. shall provide direct loans and loan guaran- ented development; ‘‘(C) EXCLUSION.—The term ‘direct loan’ tees— ‘‘(7) preserve or enhance rail or intermodal does not include the acquisition of a feder- ‘‘(1) to State and local governments; service to small communities or rural areas; ally guaranteed loan in satisfaction of de- ‘‘(2) to interstate compacts consented to by ‘‘(8) enhance service and capacity in the fault claims. Congress under section 410(a) of the Amtrak national rail system; or ‘‘(4) DIRECT LOAN OBLIGATION.—The term Reform and Accountability Act of 1997 (Pub- ‘‘(9)(A) would materially alleviate rail ca- ‘direct loan obligation’ means a binding lic Law 105–134; 49 U.S.C. 24101 note); pacity problems that degrade the provision agreement by the Secretary to make a direct ‘‘(3) to government-sponsored authorities of service to shippers; and loan when specified conditions are fulfilled and corporations; ‘‘(B) would fulfill a need in the national by the borrower. ‘‘(4) to railroads; transportation system. ‘‘(5) INTERMODAL.—The term ‘intermodal’ ‘‘(5) to joint ventures that include at least ‘‘(d) EXTENT OF AUTHORITY.— means of or relating to the connection be- 1 of the entities described in paragraph (1), ‘‘(1) LIMITATION ON AGGREGATE UNPAID PRIN- tween rail service and other modes of trans- (2), (3), (4), or (6); CIPAL AMOUNTS OF OBLIGATIONS.—The aggre- portation, including all parts of facilities at ‘‘(6) to private entities with controlling gate unpaid principal amounts of obligations which the connection is made. ownership in 1 or more freight railraods under direct loans and loan guarantees made ‘‘(6) INVESTMENT-GRADE RATING.—The term other than Class 1 carriers; and under this section may not exceed ‘investment-grade rating’ means a rating of ‘‘(7) solely for the purpose of constructing $35,000,000,000 at any time. BBB minus, Baa3, bbb minus, BBB(low), or a rail connection between a plant or facility ‘‘(2) MINIMUM AMOUNT FOR FREIGHT RAIL- higher assigned by a rating agency. and a railroad, limited option freight ship- ROADS.—Of the amount under paragraph (1), ‘‘(7) LOAN GUARANTEE.—The term ‘loan pers that own or operate a plant or other fa- not less than $7,000,000,000 shall be available guarantee’ means any guarantee, insurance, cility. solely for projects primarily benefitting or other pledge with respect to the payment ‘‘(b) ELIGIBLE PURPOSES.— freight railroads other than Class I carriers. of all or a part of the principal or interest on ‘‘(1) IN GENERAL.—Direct loans and loan ‘‘(3) PROPORTION OF UNUSED AMOUNT.—The any debt obligation of a non-Federal bor- guarantees provided under this section shall Secretary shall not establish any limit on rower to a non-Federal lender, but does not be used to— the proportion of the unused amount author- include the insurance of deposits, shares, or ‘‘(A)(i) acquire, improve, or rehabilitate ized under this subsection that may be used other withdrawable accounts in financial in- intermodal or rail equipment or facilities, for 1 loan or loan guarantee. stitutions. including track, components of track, civil ‘‘(e) RATES OF INTEREST.— ‘‘(8) LOAN GUARANTEE COMMITMENT.—The works such as cuts and fills, bridges, yards, ‘‘(1) DIRECT LOANS.—The interest rate on a term ‘loan guarantee commitment’ means a buildings, and shops; and direct loan under this section shall be not binding agreement by the Secretary to make ‘‘(ii) finance costs related to the activities less than the yield on United States Treas- a loan guarantee when specified conditions described in clause (i), including ury securities of a similar maturity to the are fulfilled by the borrower, the lender, or preconstruction costs; maturity of the secured loan on the date of any other party to the guarantee agreement. ‘‘(B) develop or establish new intermodal execution of the loan agreement. ‘‘(9) MASTER CREDIT AGREEMENT.—The term or railroad facilities; ‘‘(2) LOAN GUARANTEES.—The Secretary ‘master credit agreement’ means an agree- ‘‘(C) refinance outstanding debt incurred shall not make a loan guarantee under this ment to make 1 or more direct loans or loan for the purposes described in subparagraph section if the interest rate for the loan ex- guarantees at future dates for a program of (A) or (B); ceeds that which the Secretary determines related projects on terms acceptable to the ‘‘(D) reimburse planning, permitting, and to be reasonable, taking into consideration Secretary. design expenses relating to activities de- the prevailing interest rates and customary ‘‘(10) MODIFICATION.— scribed in subparagraph (A) or (B); or fees incurred under similar obligations in ‘‘(A) IN GENERAL.—The term ‘modification’ ‘‘(E) finance economic development, in- the private capital market. means any Government action that alters cluding commercial and residential develop- ‘‘(f) INFRASTRUCTURE PARTNERS.— the estimated cost of an outstanding direct ment, and related infrastructure and activi- ‘‘(1) AUTHORITY OF SECRETARY.— loan (or direct loan obligation) or an out- ties that— ‘‘(A) IN GENERAL.—In lieu of or in combina- standing loan guarantee (or loan guarantee ‘‘(i) incorporates private investment; tion with appropriations of budget authority commitment) from the current estimate of ‘‘(ii) is physically or functionally related to cover the costs of direct loans and loan cash flows. to a passenger rail station or multimodal guarantees as required under section 504(b)(1) ‘‘(B) INCLUSIONS.—The term ‘modification’ station that includes rail service; of the Federal Credit Reform Act of 1990 (2 includes— ‘‘(iii) has a high probability of the appli- U.S.C. 661c(b)(1)), including the cost of a ‘‘(i) the sale of loan assets, with or without cant commencing the contracting process for modification of a direct loan or loan guar- recourse, and the purchase of guaranteed construction not later than 90 days after the antee, the Secretary may accept on behalf of loans; and date on which the direct loan or loan guar- an applicant for assistance under this sec- ‘‘(ii) any action resulting from new legisla- antee is obligated for the project under this tion a commitment from a non-Federal tion, or from the exercise of administrative chapter; and source, including a State or local govern- discretion under existing law, that directly ‘‘(iv) has a high probability of reducing the ment or agency, or public benefit corpora- or indirectly alters the estimated cost of need for financial assistance under any other tion or public authority of a State or local

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.029 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2593 government, to fund, in whole or in part, the market value of the going concern, con- ‘‘(ii) would adversely affect the ability of credit risk premiums and modification costs sidering— the applicant, railroad, or railroad partner with respect to the loan that is the subject ‘‘(aa) inclusion in the pledge of all the as- to perform any obligation entered into by of the application or modification. sets necessary for independent operational the applicant under this section; ‘‘(B) LIMITATION.—The aggregate of appro- utility of the collateral, including tangible ‘‘(B) will, consistent with its capital re- priations of budget authority and credit risk assets such as real property, track and struc- sources, maintain its capital program, equip- premiums described in this paragraph with ture, equipment and rolling stock, stations, ment, facilities, and operations on a con- respect to a direct loan or loan guarantee systems and maintenance facilities and in- tinuing basis; and shall not be less than the cost of that direct tangible assets such as long-term shipping ‘‘(C) will not make any discretionary divi- loan or loan guarantee. agreements, easements, leases and access dend payments that unreasonably conflict ‘‘(2) CREDIT RISK PREMIUM AMOUNT.—The rights such as for trackage and haulage; with the purposes stated in subsection (b). Secretary shall determine the amount re- ‘‘(bb) interchange commitments; and ‘‘(2) COLLATERAL AND REQUEST FOR ASSIST- quired for credit risk premiums under this ‘‘(cc) the value of the asset as determined ANCE FROM ANOTHER SOURCE NOT REQUIRED.— subsection on the basis of— through the cost or market approaches, or ‘‘(A) COLLATERAL.— ‘‘(A) the circumstances of the applicant, the market value of the going concern, with ‘‘(i) IN GENERAL.—The Secretary shall not including the amount of collateral offered, if the latter considering discounted cash flows require an applicant for a direct loan or loan any; for a period not to exceed the term of the di- guarantee under this section to provide col- ‘‘(B) the proposed schedule of loan dis- rect loan or loan guarantee. lateral. bursements; ‘‘(B) APPRAISAL STANDARDS.—In evaluating ‘‘(ii) VALUATION.—Any collateral provided ‘‘(C) historical data on the repayment his- appraisals of collateral under subparagraph or enhanced after being provided shall be tory of similar borrowers; (A), the Secretary shall consider— valued as a going concern after giving effect ‘‘(D) consultation with the Congressional ‘‘(i) adherence to the substance and prin- to the present value of improvements con- Budget Office; and ciples of the Uniform Standards of Profes- templated by the completion and operation ‘‘(E) any other factors the Secretary con- sional Appraisal Practice, as developed by of the project, if applicable. siders relevant. the Appraisal Standards Board of the Ap- ‘‘(B) REQUEST FOR ASSISTANCE FROM AN- ‘‘(3) CREDITWORTHINESS.—Upon receipt of a praisal Foundation; OTHER SOURCE.—The Secretary shall not re- proposal from an applicant for assistance ‘‘(ii) performance of the appraisal by li- quire an applicant for a direct loan or loan under this section, the Secretary shall ac- censed or certified appraisers as may be re- guarantee under this section to have pre- cept, as a basis for determining the amount quired by the State of jurisdiction for the viously sought the financial assistance re- of the credit risk premium under paragraph type of asset being appraised; and quested from another source. (2), in addition to the value of any collateral ‘‘(iii) the qualifications of the appraisers to ‘‘(3) REQUIRED COMPLIANCE.—The Secretary described in paragraph (5), any of the fol- value the type of collateral offered. shall require recipients of direct loans or lowing : loan guarantees under this section to comply ‘‘(g) PREREQUISITES FOR ASSISTANCE.—The ‘‘(A) The net present value of a future with— Secretary shall not make a direct loan or stream of State or local subsidy income or ‘‘(A) the standards of section 24312, as in ef- loan guarantee under this section unless the other dedicated revenues to secure the direct fect on September 1, 2002, with respect to the loan or loan guarantee. Secretary has made a written finding that— project in the same manner that Amtrak is ‘‘(B) Adequate coverage requirements to ‘‘(1) repayment of the obligation is re- required to comply with the standards for ensure repayment, on a nonrecourse basis, quired to be made within a term of the lesser construction work financed under an agree- from cash flows generated by the project or of— ment made under section 24308(a); and any other dedicated revenue source, includ- ‘‘(A) 35 years after the date of substantial ‘‘(B) the protective arrangements estab- ing— completion of the project; or lished under section 22404, with respect to ‘‘(i) tolls; ‘‘(B) with regard to rail equipment or fa- employees affected by actions taken in con- ‘‘(ii) user fees, including operating or ten- cilities with estimated useful lives that ex- nection with the project to be financed by ant charges, facility rents, or other fees paid ceed the term described in subparagraph the direct loan or loan guarantee. by transportation service providers or opera- (A)— ‘‘(4) MATCHING FUNDS.—The Secretary shall tors for access to, or the use of, infrastruc- ‘‘(i) 50 years after the date of substantial require each recipient of a direct loan or ture, including rail lines, bridges, tunnels, completion of the project; or loan guarantee under this section, for a yards, or stations; and ‘‘(ii) the estimated useful life of the rail project described in subsection (b)(1)(E), to ‘‘(iii) payments owing to the obligor under equipment or facilities to be acquired, reha- provide a non-Federal match of not less than a public-private partnership. bilitated, improved, developed, or estab- 25 percent of the total amount expended by ‘‘(C) An investment-grade rating on the di- lished, subject to an adequate determination the recipient for the project. rect loan or loan guarantee, as applicable, of long-term risk; ‘‘(i) APPLICATION PROCESSING PROCE- unless the total amount of the direct loan or ‘‘(2) the direct loan or loan guarantee is DURES.— loan guarantee is greater than $150,000,000, in justified by the present and probable future ‘‘(1) APPLICATION STATUS NOTICES.—Not which case the applicant shall have an in- demand for rail services or intermodal facili- later than 30 days after the date on which vestment-grade rating from not fewer than 2 ties; the Secretary receives an application under rating agencies regarding the direct loan or ‘‘(3) the applicant has given reasonable as- this section, or additional information and loan guarantee. surances that the facilities or equipment to material under paragraph (2)(B), the Sec- ‘‘(D) A projection of freight or passenger be acquired, rehabilitated, improved, devel- retary shall provide the applicant written demand for the project based on regionally oped, or established with the proceeds of the notice as to whether the application is com- developed economic forecasts, including pro- obligation will be economically and effi- plete or incomplete. jections of any modal diversion resulting ciently utilized; ‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec- from the project. ‘‘(4) the obligation can reasonably be re- retary determines that an application is in- ‘‘(4) PAYMENT OF PREMIUMS.—Credit risk paid, using an appropriate combination of complete, the Secretary shall— premiums under this subsection shall be paid credit risk premiums and collateral offered ‘‘(A) provide the applicant with a descrip- to the Secretary before the disbursement of by the applicant to protect the Federal Gov- tion of all of the specific information or ma- loan amounts (and in the case of a modifica- ernment; and terial that is needed to complete the applica- tion, before the modification is executed), to ‘‘(5) the purposes of the direct loan or loan tion, including any information required by the extent appropriations are not available guarantee are consistent with subsection (b). an independent financial analyst; and to the Secretary to meet the costs of direct ‘‘(h) CONDITIONS OF ASSISTANCE.— ‘‘(B) allow the applicant to resubmit the loans and loan guarantees, including costs of ‘‘(1) IN GENERAL.—The Secretary, before application with the information and mate- modifications of direct loans and loan guar- granting assistance under this section, shall rial described under subparagraph (A) to antees. require the applicant to agree to such terms complete the application. ‘‘(5) COLLATERAL.— and conditions as are sufficient, in the judg- ‘‘(3) APPLICATION APPROVALS AND DIS- ‘‘(A) TYPES OF COLLATERAL.—An applicant ment of the Secretary, to ensure that, as APPROVALS.— or infrastructure partner may propose tan- long as any principal or interest is due and ‘‘(A) IN GENERAL.—Not later than 45 days gible and intangible assets as collateral, ex- payable on the obligation, the applicant, and after the date on which the Secretary noti- clusive of goodwill. The Secretary, after any railroad or railroad partner for whose fies an applicant that an application is com- evaluating each such asset— benefit the assistance is intended— plete under paragraph (1), the Secretary ‘‘(i) shall accept a net liquidation value of ‘‘(A) will not use any funds or assets from shall provide the applicant written notice as collateral; and railroad or intermodal operations for pur- to whether the Secretary has approved or ‘‘(ii) shall consider and may accept— poses not related to the operations, if the disapproved the application. ‘‘(I) the market value of collateral; or use— ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE- ‘‘(II) in the case of a blanket pledge or as- ‘‘(i) would impair the ability of the appli- MENT AND BUDGET.—In order to enable com- signment of an entire operating asset or bas- cant, railroad, or railroad partner to provide pliance with the time limit under subpara- ket of assets as collateral, the net liquida- rail or intermodal services in an efficient graph (A), the Office of Management and tion value, the market value of assets, or, and economic manner; or Budget shall take any action required with

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.029 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2594 CONGRESSIONAL RECORD — SENATE May 21, 2020 respect to the application within that 60-day ‘‘(VIII) a schedule for the readiness of pro- be applied annually to prepay the direct loan period. posed investments for financing; without penalty. ‘‘(4) STREAMLINED APPLICATION REVIEW ‘‘(IX) a description of any Federal permits ‘‘(B) USE OF PROCEEDS OF REFINANCING.— PROCESS.— required, including under the National Envi- The direct loan may be prepaid at any time ‘‘(A) IN GENERAL.—Consistent with section ronmental Policy Act of 1969 (42 U.S.C. 4321 without penalty from the proceeds of refi- 116, and not later than 180 days after date of et seq.) and any waivers under section 5323(j) nancing from non-Federal funding sources. the enactment of the Railroad Rehabilita- of title 49, United States Code (commonly re- ‘‘(k) SALE OF DIRECT LOANS.— tion and Financing Innovation Act, the Sec- ferred to as the ‘Buy America Act’); and ‘‘(1) IN GENERAL.—Subject to paragraph (2) retary shall make available an expedited ap- ‘‘(X) other characteristics of the proposed and as soon as practicable after substantial plication process or processes at the request activity to be financed, borrower, key agree- completion of a project, the Secretary, after of applicants seeking loans or loan guaran- ments, or the nature of the credit that the notifying the obligor, may sell to another tees. Secretary considers to be fundamental to the entity or reoffer into the capital markets a ‘‘(B) CRITERIA.—Applicants seeking loans creditworthiness review; direct loan for the project if the Secretary and loan guarantees issued under this sub- ‘‘(ii) the status of the application in the determines that the sale or reoffering has a section shall— pre-application review and selection process; high probability of being made on favorable ‘‘(i) seek a total loan or loan guarantee ‘‘(iii) the cumulative amounts paid by the terms. value not exceeding $100,000,000; Secretary to outside advisors related to the ‘‘(2) CONSENT OF OBLIGOR.—In making a ‘‘(ii) meet eligible project purposes in- application, including financial and legal ad- sale or reoffering under paragraph (1), the cluded in subparagraphs (A)(i), (A)(ii), and visors; Secretary shall not change the original (B) of subsection (b)(1); and ‘‘(iv) a description of the key rating factors terms and conditions of the secured loan ‘‘(iii) meet other criteria considered appro- used by the Secretary to determine credit without the prior written consent of the ob- priate by the Secretary, in consultation with risk, including— ligor. the Department of Transportation Council ‘‘(I) the qualitative and quantitative fac- ‘‘(l) NONSUBORDINATION.— on Credit and Finance. tors used to determine risk for the proposed ‘‘(1) IN GENERAL.—Except as provided in ‘‘(C) EXPEDITED CREDIT REVIEW.—The total application; paragraph (2), a direct loan provided by the time between the submission of a draft appli- ‘‘(II) an adjectival risk rating for each Secretary under this section shall not be cation and the approval or disapproval of a identified factor, ranked as either low, mod- subordinated to the claims of any holder of loan or loan guarantee for an applicant erate, or high; and project obligations in the event of bank- under this paragraph shall not exceed 90 ‘‘(v) a nonbinding estimate of the credit ruptcy, insolvency, or liquidation of the obli- days. If an application review conducted risk premium, which may be in the form of— gor. under this paragraph exceeds 90 days, the ‘‘(I) a range, based on the assessment of ‘‘(2) PREEXISTING INDENTURES.— Secretary shall— risk factors described in clause (iv); or ‘‘(A) IN GENERAL.—The Secretary may ‘‘(i) provide written notice to the appli- ‘‘(II) a justification for why the estimate of waive the requirement under paragraph (1) cant, including a justification for the delay the credit risk premium cannot be deter- for a public agency borrower that is financ- and updated estimate of the time needed for mined based on available information; and ing ongoing capital programs and has out- approval or disapproval; and ‘‘(vi) a description of key information the standing senior bonds under a preexisting in- ‘‘(ii) publish the notice on the dashboard Secretary needs from the applicant to com- denture if— described in paragraph (5). plete the credit review process and make a ‘‘(i) the direct loan is rated in the A cat- ‘‘(5) DASHBOARD.—The Secretary shall post, final determination of the credit risk pre- egory or higher; on the Department of Transportation’s inter- mium. ‘‘(ii) the direct loan is secured and payable net website, a monthly report that includes, ‘‘(B) REPORT.—The Secretary shall submit from pledged revenues not affected by for each application— the report described in subparagraph (A) not project performance, such as a tax-based rev- ‘‘(A) the applicant type; less frequently than every 45 days after the enue pledge or a system-backed pledge of ‘‘(B) the location of the project; date on which the Secretary presents the project revenues; and ‘‘(C) a brief description of the project, in- first request to the applicant for funding to ‘‘(iii) the program share, under this chap- cluding its purpose; ter, of eligible project costs is 50 percent or ‘‘(D) the requested direct loan or loan pay fees for advisors described in subpara- less. guarantee amount; graph (A)(iii). ‘‘(B) LIMITATION.—The Secretary may im- ‘‘(E) the date on which the Secretary pro- ‘‘(C) EXCEPTION.—The report required pose limitations for the waiver of the non- vided application status notice under para- under this paragraph shall not be applied to subordination requirement under this para- graph (1); applications processed using the expedited graph if the Secretary determines that the ‘‘(F) the date that the Secretary provided credit review process under paragraph (5)(B). limitations would be in the financial interest notice of approval or disapproval under para- ‘‘(j) REPAYMENT SCHEDULES.— of the Federal Government. graph (3); and ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(m) MASTER CREDIT AGREEMENTS.— ‘‘(G) whether the project utilized the expe- tablish a repayment schedule requiring pay- ‘‘(1) IN GENERAL.—Subject to paragraph (2) dited application process under paragraph ments to commence not later than 5 years and to subsection (d), the Secretary may (4). after the date of substantial completion. enter into a master credit agreement that is ‘‘(6) REGULAR CREDITWORTHINESS REVIEW ‘‘(2) ACCRUAL.—Interest shall accrue as of contingent on all of the conditions for the STATUS REPORTS.— the date of disbursement, and shall be amor- provision of a direct loan or loan guarantee, ‘‘(A) IN GENERAL.—The Secretary shall pro- tized over the remaining term of the loan, vide to the applicant a regular report con- beginning at the time the payments begin. as applicable, under this chapter and other applicable requirements being satisfied prior taining information related to the applica- ‘‘(3) DEFERRED PAYMENTS.— to the issuance of the direct loan or loan tion for a loan or loan guarantee, including— ‘‘(A) IN GENERAL.—If, at any time the date ‘‘(i) a summary of the proposed trans- of substantial completion, the obligor is un- guarantee. action, including— able to pay the scheduled loan repayments of ‘‘(2) CONDITIONS.—Each master credit ‘‘(I) the total value of the proposed loan or principal and interest on a direct loan pro- agreement shall— loan guarantee; vided under this section, the Secretary, sub- ‘‘(A) establish the maximum amount and ‘‘(II) the name of the applicant or appli- ject to subparagraph (B), may allow, for a general terms and conditions of each appli- cants submitting an application; maximum aggregate time of 1 year over the cable direct loan or loan guarantee; ‘‘(III) the proposed capital structure of the duration of the direct loan, the obligor to ‘‘(B) identify 1 or more dedicated non-Fed- project to which the loan or loan guarantee add unpaid principal and interest to the out- eral revenue sources that will secure the re- would be applied, including the proposed standing balance of the direct loan. payment of each applicable direct loan or loan guarantee; Federal and non-Federal shares of the total ‘‘(B) INTEREST.—A payment deferred under project cost; subparagraph (A) shall— ‘‘(C) provide for the obligation of funds— ‘‘(IV) the type of activity to receive credit ‘‘(i) continue to accrue interest under para- ‘‘(i) for the direct loans or loan guarantees assistance, including whether the project— graph (2) until the loan is fully repaid; and contingent on the meeting of all applicable ‘‘(aa) is new construction or rehabilitation ‘‘(ii) be scheduled to be amortized over the requirements and after all requirements of existing rail equipment or facilities; remaining term of the loan. have been met, for the projects subject to the master credit agreement; and ‘‘(bb) is a refinancing an existing loan or ‘‘(4) PREPAYMENTS.— ‘‘(D) provide 1 or more dates, as deter- loan guarantee; and ‘‘(A) USE OF EXCESS REVENUES.—With re- ‘‘(V) if a deferred payment is proposed, the spect to a direct loan provided by the Sec- mined by the Secretary, before which the length of such deferment; retary under this section, any excess reve- master credit agreement results in the dis- ‘‘(VI) the credit rating or ratings provided nues that remain after satisfying scheduled bursement issuance of each of the direct for the applicant; debt service requirements on the project ob- loans or loan guarantees or in the release of ‘‘(VII) if other credit instruments are in- ligations and direct loan and all deposit re- the master credit agreement. volved, the proposed subordination relation- quirements under the terms of any trust ‘‘§ 22403. Administration of direct loans and ship and a description of such other credit agreement, bond resolution, or similar loan guarantees instruments; agreement securing project obligations may ‘‘(a) APPLICATIONS.—

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‘‘(1) IN GENERAL.—The Secretary shall pre- ‘‘(B) if the default has continued for more ‘‘(1) PURPOSES.—The Secretary may collect scribe the form and contents required of ap- than 90 days, the Secretary shall pay to the from each applicant, obligor, or loan party a plications for assistance under section 22402, holder of the obligation, or the holder’s reasonable charge for— to enable the Secretary to determine the eli- agent, 90 percent of the unpaid guaranteed ‘‘(A) the cost of evaluating the application, gibility of the applicant’s proposal, and shall principal; amendments, modifications, and waivers, in- establish terms and conditions for direct ‘‘(C) after final resolution of the default, cluding for evaluating project viability, ap- loans and loan guarantees made under that through liquidation or otherwise, the Sec- plicant creditworthiness, and the appraisal section, including a program guide, a stand- retary shall pay to the holder of the obliga- of the value of the equipment or facilities for ard term sheet, and specific timetables. tion, or the holder’s agent, any remaining which the direct loan or loan guarantee is ‘‘(2) DOCUMENTATION.—An applicant meet- amounts guaranteed but that were not re- sought, and for making necessary determina- ing the size standard for small business con- covered through the default’s resolution; tions and findings; cerns established under section 3(a)(2) of the ‘‘(D) the Secretary shall not be required to ‘‘(B) to cost of award management and Small Business Act (15 U.S.C. 632(a)(2)) may make any payment under subparagraphs (A) project management oversight; provide unaudited financial statements as through (C) if the Secretary finds, before the ‘‘(C) the cost of services from expert firms, documentation of historical financial infor- expiration of the periods described in such including counsel, and independent financial mation if such statements are accompanied subparagraphs, that the default has been advisors to assist in the underwriting, audit- by the applicant’s Federal tax returns and remedied; and ing, servicing, and exercise of rights with re- Internal Revenue Service tax verifications ‘‘(E) the holder of the obligation shall not spect to direct loans and loan guarantees; for the corresponding years. receive payment or be entitled to retain pay- and ‘‘(b) FULL FAITH AND CREDIT.—All guaran- ment in a total amount that, together with ‘‘(D) the cost of all other expenses incurred tees entered into by the Secretary under sec- all other recoveries (including any recovery as a result of a breach of any term or condi- tion 22402 shall constitute general obliga- based upon a security interest in equipment tion or any event of default on a direct loan tions of the United States of America and or facilities) exceeds the actual loss of the or loan guarantee. shall be backed by the full faith and credit of holder. ‘‘(2) CHARGE DIFFERENT AMOUNTS.—The Sec- the United States of America. ‘‘(h) RIGHTS OF THE SECRETARY.— retary may charge different amounts under ‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.— ‘‘(1) SUBROGATION.—If the Secretary makes this subsection based on the different costs The holder of a loan guarantee made under payment to a holder, or a holder’s agent, incurred under paragraph (1). section 22402 may assign the loan guarantee under subsection (g) in connection with a ‘‘(3) SERVICER.— in whole or in part, subject to such require- loan guarantee made under section 22402, the ‘‘(A) IN GENERAL.—The Secretary may ap- ments as the Secretary may prescribe. Secretary shall be subrogated to all of the point a financial entity to assist the Sec- ‘‘(d) MODIFICATIONS.—The Secretary may rights of the holder with respect to the obli- retary in servicing a direct loan or loan approve the modification of any term or con- gor under the loan. guarantee under this chapter. dition of a direct loan, loan guarantee, direct ‘‘(2) DISPOSITION OF PROPERTY.—The Sec- ‘‘(B) DUTIES.—A servicer appointed under loan obligation, or loan guarantee commit- retary may complete, recondition, recon- subparagraph (A) shall act as the agent of ment, including the rate of interest, time of struct, renovate, repair, maintain, operate, the Secretary in servicing a direct loan or payment of interest or principal, or security charter, rent, sell, or otherwise dispose of loan guarantee under this chapter. requirements, if the Secretary finds in writ- any property or other interests obtained pur- ‘‘(C) FEES.—A servicer appointed under ing that— suant to this section. The Secretary shall subparagraph (A) shall receive a servicing ‘‘(1) the modification is equitable and is in not be subject to any Federal or State regu- fee from the obligor or other loan party, sub- the overall best interests of the United latory requirements when carrying out this ject to approval by the Secretary. States; paragraph. ‘‘(4) NATIONAL SURFACE TRANSPORTATION ‘‘(2) consent has been obtained from the ap- ‘‘(i) ACTION AGAINST OBLIGOR.— AND INNOVATIVE FINANCE BUREAU ACCOUNT.— plicant and in the case of a loan guarantee or ‘‘(1) IN GENERAL.—The Secretary may bring Amounts collected under this subsection loan guarantee commitment, the holder of a civil action in an appropriate Federal court shall— the obligation; and in the name of the United States in the ‘‘(A) be credited directly to the National ‘‘(3) the modification cost has been covered event of a default on a direct loan made Surface Transportation and Innovative Fi- under section 22402(f). nance Bureau Account; and ‘‘(e) COMPLIANCE.—The Secretary shall en- under section 22402 or in the name of the ‘‘(B) remain available until expended to sure compliance by an applicant, any other United States or of the holder of the obliga- pay for the costs described in this sub- party to the loan, and any railroad or rail- tion in the event of a default on a loan guar- section. road partner for whose benefit assistance is anteed under section 22402. intended, with the provisions of this chapter, ‘‘(2) RECORDS AND EVIDENCE.—The holder of ‘‘(m) FEES AND CHARGES.—Except as pro- regulations issued under this chapter, and a guarantee shall make available to the Sec- vided in this chapter, the Secretary may not the terms and conditions of the direct loan retary all records and evidence necessary to assess fees, including user fees, or charges in or loan guarantee, including through regular prosecute the civil action. connection with a direct loan or loan guar- ‘‘(3) PROPERTY AS SATISFACTION OF SUMS periodic inspections. antee provided under section 22402. ‘‘(f) COMMERCIAL VALIDITY.— OWED.—The Secretary may accept property ‘‘(1) IN GENERAL.—For purposes of claims in full or partial satisfaction of any sums ‘‘§ 22404. Employee protection by any party other than the Secretary, a owed as a result of a default. ‘‘(a) IN GENERAL.— loan guarantee or loan guarantee commit- ‘‘(4) EXCESS AMOUNT.— ‘‘(1) FAIR AND EQUITABLE ARRANGEMENTS.— ment shall be conclusive evidence that the ‘‘(A) PAYMENT TO OBLIGOR.—If the Sec- Fair and equitable arrangements shall be underlying obligation is in compliance with retary receives, through the sale or other provided, in accordance with this section, to the provisions of this chapter, and that the disposition of the property described in para- protect the interests of any employees who obligation has been approved and is legal as graph (3), an excess amount described in sub- may be affected by actions taken pursuant to principal, interest, and other terms. paragraph (B), the Secretary shall pay to the to authorizations or approval obtained under ‘‘(2) VALID AND INCONTESTABLE.—A guar- obligor the excess amount. this chapter. antee or commitment under paragraph (1) ‘‘(B) AMOUNT.—An excess amount under ‘‘(2) ARRANGEMENTS BY AGREEMENTS.—The shall be valid and incontestable in the hands this subparagraph is an amount the exceeds arrangements under paragraph (1) shall be of a holder of the guarantee or commitment, the aggregate of— determined by the execution of an agree- including the original lender or any other ‘‘(i) the amount paid to the holder of a ment between the representatives of the rail- holder, as of the date when the Secretary guarantee under subsection (g); and roads and the representatives of their em- granted the application for the guarantee or ‘‘(ii) any other cost to the United States of ployees not later than June 4, 1976. commitment, except as to fraud or material remedying the default. ‘‘(3) PRESCRIBED ARRANGEMENTS.—In the misrepresentation by the holder. ‘‘(j) BREACH OF CONDITIONS.—The Attorney absence of an executed agreement under ‘‘(g) DEFAULT.— General shall commence a civil action in an paragraph (2), the Secretary of Labor shall ‘‘(1) IN GENERAL.—The Secretary shall pre- appropriate Federal court to enjoin any ac- scribe regulations setting forth procedures in tivity that the Secretary finds is in violation prescribe the applicable protective arrange- the event of default on a loan made or guar- of this chapter, regulations issued under this ments not later than July 4, 1976. anteed under section 22402. chapter, or any conditions that were agreed ‘‘(b) TERMS.— ‘‘(2) LOAN GUARANTEES.—The Secretary to, and to secure any other appropriate re- ‘‘(1) APPLICABILITY TO EXISTING EMPLOY- shall ensure that each loan guarantee made lief. EES.—The arrangements required under sub- under section 22402 contains terms and con- ‘‘(k) ATTACHMENT.—No attachment or exe- section (a) shall apply to each employee who ditions that provide that— cution may be issued against the Secretary, has an employment relationship with a rail- ‘‘(A) if a payment of principal or interest or any property in the control of the Sec- road on the date on which the railroad first under the loan is in default for more than 30 retary, prior to the entry of final judgment applies for financial assistance under this days, the Secretary shall pay to the holder of to that effect in any Federal, State, or other chapter. the obligation, or the holder’s agent, the court. ‘‘(2) INCLUSIONS.—Such arrangements shall amount of unpaid guaranteed interest; ‘‘(l) CHARGES AND LOAN SERVICING.— include such provisions as may be necessary

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.029 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2596 CONGRESSIONAL RECORD — SENATE May 21, 2020 for the negotiation and execution of agree- ‘‘§ 22406. Funding by striking ‘‘section 502(f) of the Railroad ments as to the manner in which the protec- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Revitalization and Regulatory Reform Act of tive arrangements shall be applied, including ‘‘(1) IN GENERAL.—There are authorized to 1976 (45 U.S.C. 822(f)), as amended by section notice requirements. be appropriated out of the General Fund for 11607 of this Act’’ and inserting ‘‘section ‘‘(3) EXECUTION PRIOR TO IMPLEMENTATION credit assistance under this chapter— 22402(f) of title 49, United States Code’’. OF WORK.—The agreements shall be executed ‘‘(A) $30,000,000 for fiscal year 2021; (4) Section 7203(b)(2) of the Transportation prior to implementation of work funded from ‘‘(B) $31,000,000 for fiscal year 2022; Equity Act for the 21st Century (Public Law financial assistance under this chapter. ‘‘(C) $32,000,000 for fiscal year 2023; 105–178; 45 U.S.C. 821 note) is amended by ‘‘(4) ARBITRATION.— ‘‘(D) $33,000,000 for fiscal year 2024; and striking ‘‘title V of the Railroad Revitaliza- ‘‘(A) IN GENERAL.—If an agreement de- ‘‘(E) $34,000,000 for fiscal year 2025. tion and Regulatory Reform Act of 1976 (45 scribed in subsection (a)(2) is not reached ‘‘(2) AVAILABILITY.—Amounts appropriated U.S.C. 821 et seq.)’’ and inserting ‘‘chapter within 30 days after the date on which an ap- pursuant to this subsection shall remain 224 of title 49, United States Code,’’. plication for the assistance is approved, ei- available until expended. (5) Section 212(d)(1) of Hamm Alert Mari- ther party to the dispute may submit the ‘‘(b) USE OF FUNDS.— time Safety Act of 2018 (title II of Public issue for final and binding arbitration. ‘‘(1) IN GENERAL.—Except as provided in Law 115–265; 45 U.S.C. 822 note) is amended, ‘‘(B) DECISION.— paragraph (2), amounts appropriated pursu- in the matter preceding subparagraph (A), by ‘‘(i) WHEN DECISION IS TO BE RENDERED.— ant to this section shall be used for loans striking ‘‘for purposes of section 502(f)(4) of The decision on any arbitration under this and loan guarantees with a total value of not the Railroad Revitalization and Regulatory paragraph shall be rendered within 30 days more than $200,000,000. Reform Act of 1976 (45 U.S.C. 822(f)(4))’’ and after the submission. ‘‘(2) ADMINISTRATIVE COSTS.—In each fiscal inserting ‘‘for purposes of section 22402 of ‘‘(ii) EFFECT.—The arbitration decision— year, not less than $3,000,000 of the amounts title 49, United States Code’’. ‘‘(I) shall not modify the protection af- appropriated pursuant to subsection (a) shall (6) Section 15(f) of the Milwaukee Railroad forded in the protective arrangements estab- be made available for the Secretary for use Restructuring Act (45 U.S.C. 914(f)) is amend- lished pursuant to this section; in lieu of charges collected under section ed by striking ‘‘Section 516 of the Railroad ‘‘(II) shall be final and binding on the par- 22403(l)(1) for freight railroads other than Revitalization and Regulatory Reform Act of ties to the arbitration; and Class I carriers and passenger railroads. 1976 (45 U.S.C. 836)’’ and inserting ‘‘Section 22404 of title 49, United States Code,’’. ‘‘(III) shall become a part of the agree- ‘‘(3) SHORT LINE SET-ASIDE.—In each fiscal ment. year, not less than 50 percent of the amounts (7) Section 104(b) of the Rock Island Rail- road Transition and Employee Assistance ‘‘(5) OTHER INCLUSIONS.—The arrangements appropriated pursuant to subsection (a) that shall also include such provisions as may be remain available after the set aside de- Act (45 U.S.C. 1003(b)) is amended— (A) in paragraph (1), by striking ‘‘title V of necessary— scribed in paragraph (2) shall be set aside for the Railroad Revitalization and Regulatory ‘‘(A) for the preservation of compensation freight railroads other than Class I carriers. Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and (including subsequent general wage in- ‘‘(4) PASSENGER RAIL SET-ASIDE.—Any inserting ‘‘chapter 224 of title 49, United creases, vacation allowances, and monthly amounts appropriated pursuant to sub- States Code,’’; and compensation guarantees), right, privileges, section (a) that remain available after the (B) in paragraph (2), by striking ‘‘title V of and benefits (including fringe benefits such set-asides described in paragraphs (2) and (3) the Railroad Revitalization and Regulatory as pensions, hospitalization, and vacations, shall be set aside for passenger railroads.’’. Reform Act of 1976, and section 516 of such under the same conditions and so long as the (b) CLERICAL AMENDMENT.—The table of Act (45 U.S.C. 836)’’ and inserting ‘‘chapter benefits continue to be accorded to other chapters for title 49, United States Code, is 224 of title 49, United States Code, and sec- employees of the employing railroad in ac- amended by inserting after the item relating tion 22404 of title 49, United States Code,’’. tive service or on furlough, as the case may to chapter 223 the following: (8) Section 104(b)(2) of the Rock Island be) to the employees under existing collec- ‘‘CHAPTER 224—RAILROAD REHABILITATION Railroad Transition and Employee Assist- tive-bargaining agreements or otherwise; AND IMPROVEMENT FINANCING PROGRAM’’. ance Act (45 U.S.C. 1003(b)(2)) is amended by ‘‘(B) to provide for final and binding arbi- SEC. 3. CONFORMING AMENDMENTS. striking ‘‘title V of the Railroad Revitaliza- tration of any dispute that cannot be settled (a) NATIONAL TRAILS SYSTEM ACT.—Section tion and Regulatory Reform Act of 1976, and by the parties with respect to the interpreta- 8(d) of the National Trails System Act (16 section 516 of such Act (45 U.S.C. 836)’’ and tion, application, or enforcement of the pro- U.S.C. 1247(d)) is amended by inserting ‘‘(45 inserting ‘‘chapter 224 of title 49, United visions of the protective arrangements; U.S.C. 801 et seq.) and chapter 224 of title 49, States Code, and section 22404 of such title ‘‘(C) to provide that an employee who is United States Code’’ after ‘‘1976’’. 49,’’. unable to secure employment by the exercise (b) PASSENGER RAIL REFORM AND INVEST- (d) TITLE 49.— of the employee’s seniority rights, as a re- MENT ACT.—Section 11315(c) of the Passenger (1) Section 116(d)(1)(B) of title 49, United sult of actions taken with financial assist- Rail Reform and Investment Act of 2015 (23 States Code, is amended by striking ‘‘sec- ance obtained under this chapter, shall be of- U.S.C. 322 note; Public Law 114–94) is amend- tions 501 through 503 of the Railroad Revital- fered reassignment and, where necessary, re- ed by striking ‘‘sections 502 and 503 of the ization and Regulatory Reform Act of 1976 training to fill a position comparable to the Railroad Revitalization and Regulatory Re- (45 U.S.C. 821–823)’’ and inserting ‘‘sections position held at the time of the adverse ef- form Act of 1976’’ and inserting ‘‘sections 22401 through 22403 of this title’’. fect and for which the employee is, or by 22402 and 22403 of title 49, United States (2) Section 306(b) of title 49, United States training and retraining can become, phys- Code’’. Code, is amended— ically and mentally qualified, so long as the (c) PROVISIONS CLASSIFIED IN TITLE 45, (A) by striking ‘‘chapter 221 or 249 of this offer is not in contravention of collective UNITED STATES CODE.— title,’’ and inserting ‘‘chapter 221, 224, or 249 bargaining agreements relating to the provi- (1) Section 101 of the Railroad Revitaliza- of this title,’’; and sions in this paragraph; and tion and Regulatory Reform Act of 1976 (45 (B) by striking ‘‘, or title V of the Railroad ‘‘(D) to provide that the protection af- U.S.C. 801) is amended— Revitalization and Regulatory Reform Act of forded pursuant to this section shall not be (A) in subsection (a), in the matter pre- 1976 (45 U.S.C. 821 et seq.)’’. applicable to employees benefitted solely as ceding paragraph (1), by striking ‘‘It is the (3) Section 11311(d) of the Passenger Rail a result of the work that is financed by funds purpose of the Congress in this Act to’’ and Reform and Investment Act of 2015 (Public provided pursuant to this chapter. inserting ‘‘The purpose of this Act and chap- Law 114–94; 49 U.S.C. 20101 note) is amended ‘‘(c) SUBCONTRACTING.—The arrangements ter 224 of subtitle V of title 49, United States by striking ‘‘, and section 502 of the Railroad that are required to be negotiated by the Code, is to’’; and Revitalization and Regulatory Reform Act of parties or prescribed by the Secretary of (B) in subsection (b), in the matter pre- 1976 (45 U.S.C. 822)’’. Labor, pursuant to subsections (a) and (b), ceding paragraph (1), by striking ‘‘It is de- (4) Section 205(g) of the Passenger Rail In- shall include provisions regulating subcon- clared to be the policy of the Congress in vestment and Improvement Act of 2008 (divi- tracting by the railroads of work that is fi- this Act’’ and inserting ‘‘The policy of this sion B of Public Law 110–432; 49 U.S.C. 24101 nanced by funds provided pursuant to this Act and chapter 224 of title 49, United States note) is amended by striking ‘‘title V of the chapter. Code, is’’. Railroad Revitalization and Regulatory Re- (2) Section 11607(b) of the Railroad Infra- form Act of 1976 (45 U.S.C. 821 et seq.)’’ and ‘‘§ 22405. Substantive criteria and standards structure Financing Improvement Act (Pub- inserting ‘‘chapter 224 of title 49, United ‘‘The Secretary shall publish in the Fed- lic Law 114–94; 45 U.S.C. 821 note) is amended States Code’’. eral Register and post on the Department of by striking ‘‘All provisions under sections (5) Section 22905(c)(2)(B) of title 49, United Transportation website the substantive cri- 502 through 504 of the Railroad Revitaliza- States Code, is amended by striking ‘‘section teria and standards used by the Secretary to tion and Regulatory Reform Act of 1976 (45 504 of the Railroad Revitalization and Regu- determine whether to approve or disapprove U.S.C. 8301 et seq.)’’ and inserting ‘‘All provi- latory Reform Act of 1976 (45 U.S.C. 836)’’ and applications submitted under section 22404. sions under section 22404 through 22404 of inserting ‘‘section 22404 of this title’’. The Secretary shall ensure adequate proce- title 49, United States Code,’’. (6) Section 24903 of title 49, United States dures and guidelines are in place to permit (3) Section 11610(b) of the Railroad Infra- Code, is amended— the filing of complete applications within 30 structure Financing Improvement Act (Pub- (A) in subsection (a)(6), by striking ‘‘and days of the publication. lic Law 114–94; 45 U.S.C. 821 note) is amended the Railroad Revitalization and Regulatory

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.029 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2597 Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and Schedule of Laws Repealed—Continued (4) The distribution of innovation jobs and inserting ‘‘, the Railroad Revitalization and investment in the United States has become Regulatory Reform Act of 1976 (45 U.S.C. 801 United States largely concentrated in just a few locations, et seq.), and chapter 224 of this title’’; and Act Section Code while much of the Nation has been left out of (B) in subsection (c)(2), by striking ‘‘and Former Clas- growth in the innovation sector. More than the Railroad Revitalization and Regulatory sification 90 percent of the Nation’s innovation sector Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and employment growth in the last 15 years was Safe, Account- inserting ‘‘, the Railroad Revitalization and able, Flexible, generated in just 5 major cities. The Federal Regulatory Reform Act of 1976 (45 U.S.C. 801 Efficient Government must address this imbalance in et seq.), and chapter 224 of this title’’. Transpor- opportunity by partnering with the private tation Equity sector to build new technology hubs across SEC. 4. TRANSITIONAL AND SAVINGS PROVI- Act: A Legacy the country, spreading innovation sector SIONS. for Users or jobs more broadly, and tapping the talent SAFETEA–LU (a) DEFINITIONS.—In this section: (Public Law and potential of the entire Nation to ensure (1) RESTATED PROVISION.—The term ‘‘re- 109–59) ...... 9003(j) ...... 45 U.S.C. 822 the United States leads the industries of the stated provision’’ means a provision of chap- note. future. ter 224 of title 49, United States Code, as (5) Since its inception, the National added by section 2. Science Foundation has carried out vital By Mr. SCHUMER (for himself (2) SOURCE PROVISION.—The term ‘‘source work supporting basic research and people to provision’’ means a provision of law that is and Mr. YOUNG): create knowledge that is a primary driver of replaced by a restated provision. S. 3832. A bill to establish a new Di- the economy of the United States and en- rectorate for Technology in the redes- hances the Nation’s security. (b) CUTOFF DATE.— ignated National Science and Tech- (1) IN GENERAL.—The restated provisions SEC. 3. NATIONAL SCIENCE AND TECHNOLOGY replace certain source provisions enacted on nology Foundation, to establish a re- FOUNDATION. or before March 12, 2019. gional technology hub program, to re- (a) REDESIGNATION OF NATIONAL SCIENCE (2) SUBSEQUENT AMENDMENTS AND RE- quire a strategy and report on eco- FOUNDATION AS NATIONAL SCIENCE AND TECH- PEALS.—If a law enacted after March 12, 2019 nomic security, science, research, and NOLOGY FOUNDATION.— amends or repeals a source provision, that innovation, and for other purposes; to (1) IN GENERAL.—Section 2 of the Act of law is deemed to amend or repeal, as the case the Committee on Health, Education, May 10, 1950 (64 Stat. 149, chapter 171; 42 may be, the corresponding restated provi- U.S.C. 1861) is amended— sion. If a law enacted after March 12, 2019 is Labor, and Pensions. (A) in the section heading, by inserting otherwise inconsistent with a restated provi- Mr. SCHUMER. Mr. President, I ask ‘‘AND TECHNOLOGY’’ after ‘‘SCIENCE’’; and sion of this Act, that law supersedes the re- unanimous consent that the text of the (B) by striking ‘‘the National Science stated provision of this Act to the extent of bill be printed in the RECORD. Foundation’’ and inserting ‘‘the National the inconsistency. There being no objection, the text of Science and Technology Foundation’’. (c) ORIGINAL DATE OF ENACTMENT UN- the bill was ordered to be printed in (2) REFERENCES.—Any reference in any law, CHANGED.—A restated provision is deemed to the RECORD, as follows: rule, regulation, certificate, directive, in- have been enacted on the date of enactment S. 3832 struction, or other official paper in force on the date of enactment of this Act to the Na- of the corresponding source provision. Be it enacted by the Senate and House of Rep- tional Science Foundation shall be consid- resentatives of the United States of America in (d) REFERENCES TO RESTATED PROVISIONS.— ered to refer and apply to the National Congress assembled, A reference to a restated provision is deemed Science and Technology Foundation. to refer to the corresponding source provi- SECTION 1. SHORT TITLE. (b) ESTABLISHMENT OF DEPUTY DIRECTOR sion. This Act may be cited as the ‘‘Endless Frontier Act’’. FOR TECHNOLOGY.—Section 6 of the Act of (e) REFERENCES TO SOURCE PROVISIONS.—A May 10, 1950 (64 Stat. 149, chapter 171; 42 SEC. 2. FINDINGS. reference to a source provision, including a U.S.C. 1864a) is amended— Congress finds the following: (1) in the section heading, by striking reference in a regulation, order, or other law, (1) For over 70 years, the United States has ‘‘DEPUTY DIRECTOR’’ and inserting ‘‘DEPUTY is deemed to refer to the corresponding re- been the unequivocal global leader in sci- DIRECTORS’’; stated provision. entific and technological innovation, and as (2) in the first sentence— a result the people of the United States have (f) REGULATIONS, ORDERS, AND OTHER AD- (A) by striking ‘‘a Deputy Director’’ and benefitted through good-paying jobs, eco- MINISTRATIVE ACTIONS.—A regulation, order, inserting ‘‘2 Deputy Directors’’; and nomic prosperity, and a higher quality of or other administrative action in effect (B) by inserting ‘‘and in accordance with life. Today, however, this leadership position the expedited procedures established under under a source provision continues in effect is being eroded and challenged by foreign under the corresponding restated provision. S. Res. 116 (112th Congress)’’ after ‘‘the Sen- competitors, some of whom are stealing in- ate’’; (g) ACTIONS TAKEN AND OFFENSES COM- tellectual property and trade secrets of the (3) in the third sentence, by striking ‘‘The United States and aggressively investing in MITTED.—An action taken or an offense com- Deputy Director shall receive’’ and inserting mitted under a source provision is deemed to fundamental research and commercialization ‘‘Each Deputy Director shall receive’’; to dominate the key technology fields of the have been taken or committed under the cor- (4) by inserting after the third sentence the future. While the United States once led the responding restated provision. following: ‘‘The Deputy Director for Tech- world in the share of our economy invested nology shall oversee, and perform duties re- SEC. 5. REPEALS. in research, our Nation now ranks 9th glob- lating to, the Directorate for Technology of ally in total research and development and The following provisions of law are re- the Foundation, as established under section 12th in publicly financed research and devel- 8A, and the Deputy Director for Science pealed, except with respect to rights and du- opment. shall oversee, and perform duties relating to, ties that matured, penalties that were in- (2) Without a significant increase in in- the other activities and directorates sup- curred, or proceedings that were begun be- vestment in research, education, technology ported by the Foundation.’’; and fore the date of enactment of this Act: transfer, and the core strengths of the (5) in the last sentence, by striking ‘‘The United States innovation ecosystem, it is Deputy Director shall act’’ and inserting Schedule of Laws Repealed only a matter of time before the global com- ‘‘The Deputy Director for Science shall act’’. petitors of the United States overtake the (c) ESTABLISHMENT OF DIRECTORATE FOR United States United States in terms of technological pri- Code macy. The country that wins the race in key TECHNOLOGY.—The Act of May 10, 1950 (64 Act Section Former Clas- technologies—such as artificial intelligence, Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.) sification quantum computing, advanced communica- is amended— tions, and advanced manufacturing—will be (1) in section 8 (42 U.S.C. 1866), by inserting Railroad Revi- 501 ...... 45 U.S.C. 821. the superpower of the future. at the end the following: ‘‘Such divisions talization and (3) The Federal Government must catalyze shall include the Directorate for Technology Regulatory established under section 8A.’’; and Reform Act of United States innovation by boosting funda- 1976 (Public mental research investments focused on dis- (2) by inserting after section 8 the fol- Law 94–210). covering, creating, commercializing, and lowing: 502 ...... 45 U.S.C. 822. producing new technologies to ensure the ‘‘SEC. 8A. DIRECTORATE FOR TECHNOLOGY. 503 ...... 45 U.S.C. 823. leadership of the United States in the indus- 504 ...... 45 U.S.C. 836. tries of the future. ‘‘(a) DEFINITIONS.—In this section:

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‘‘(1) DEPUTY DIRECTOR.—The term ‘Deputy 10, United States Code, for the Defense Ad- ‘‘(viii) cybersecurity, data storage, and Director’ means the Deputy Director for vanced Research Projects Agency. data management technologies; Technology. ‘‘(ii) HIGHLY QUALIFIED EXPERTS IN NEEDED ‘‘(ix) advanced energy; and ‘‘(2) DESIGNATED COUNTRY.—The term ‘des- OCCUPATIONS.—In addition to the authority ‘‘(x) materials science, engineering, and ex- ignated country’ means a country that has provided under clause (i), the Director shall ploration relevant to the other key tech- been approved and designated in writing by have the authority to carry out a program of nology focus areas described in this subpara- the President for purposes of this section, personnel management authority for the Di- graph. after providing— rectorate in the same manner, and subject to ‘‘(B) REVIEW OF KEY TECHNOLOGY FOCUS ‘‘(A) not less than 30 days of advance noti- the same requirements, as the program to AREAS AND SUBSEQUENT LISTS.— fication and explanation to the relevant con- attract highly qualified experts carried out ‘‘(i) ADDING OR DELETING KEY TECHNOLOGY gressional committees before the designa- by the Secretary of Defense under section FOCUS AREAS.—Beginning on the date that is tion; and 9903 of title 5, United States Code. 4 years after the date of enactment of the ‘‘(B) in-person briefings to such commit- ‘‘(iii) ADDITIONAL HIRING AUTHORITY.—To Endless Frontier Act, and every 4 years tees, if requested during the 30-day advance the extent needed to carry out the duties in thereafter, the Director, acting through the notification period described in subpara- paragraph (1), the Director shall utilize hir- Deputy Director— graph (A). ing authorities under section 3372 of title 5, ‘‘(I) shall, in consultation with the Board ‘‘(3) DIRECTORATE.—The term ‘Directorate’ United States Code, to staff the Directorate of Advisors, review the list of key tech- means the Directorate for Technology estab- with employees from other Federal agencies, nology focus areas; and lished under subsection (b). State and local governments, Indian tribes ‘‘(II) as part of that review, may add or de- ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— and tribal organizations, institutions of lete key technology focus areas if the com- The term ‘institution of higher education’ higher education, and other organizations, as petitive threats to the United States have has the meaning given the term in section described in that section, in the same man- shifted (whether because the United States 101(a) of the Higher Education Act of 1965 (20 ner and subject to the same conditions, that or other nations have advanced or fallen be- U.S.C. 1001(a)). apply to such individuals utilized to accom- hind in a technological area), subject to ‘‘(5) KEY TECHNOLOGY FOCUS AREAS.—The plish other missions of the Foundation. clause (ii). term ‘key technology focus areas’ means the ‘‘(B) PROGRAM MANAGERS.—The employees ‘‘(ii) LIMIT ON KEY TECHNOLOGY FOCUS areas included on the most recent list under of the Directorate may include program AREAS.—Not more than 10 key technology subsection (c)(2). managers for the key technology focus areas, focus areas shall be included on the list of ‘‘(6) RELEVANT CONGRESSIONAL COMMIT- who shall perform a role similar to programs key technology focus areas at any time. PDATING FOCUS AREAS AND DISTRIBU TEES.—The term ‘relevant congressional managers employed by the Defense Advanced ‘‘(iii) U - committees’ means— Research Projects Agency for the oversight TION.—Upon the completion of each review ‘‘(A) the Committee on Armed Services, and selection of programs supported by the under this subparagraph, the Director shall the Committee on Commerce, Science, and Directorate. make the list of key technology focus areas readily available and publish the list in the Transportation, the Committee on Appro- ‘‘(C) SELECTION OF RECIPIENTS.—Recipients priations, the Committee on Foreign Rela- of support under the programs and activities Federal Register, even if no changes have been made to the prior list. tions, and the Select Committee on Intel- of the Directorate shall be selected by pro- ‘‘(3) ACTIVITIES.— ligence of the Senate; and gram managers or other employees of the Di- ‘‘(A) IN GENERAL.—In carrying out the du- ‘‘(B) the Committee on Armed Services, rectorate. The Directorate may use a peer ties and functions of the Directorate, the Di- the Committee on Science, Space, and Tech- review process to inform the decisions of pro- rector, acting through the Deputy Director, nology, the Committee on Appropriations, gram managers or other employees. may— the Committee on Foreign Affairs, and the ‘‘(D) ASSISTANT DIRECTORS.—The Director ‘‘(i) award grants, cooperative agreements, Permanent Select Committee on Intelligence may appoint 1 or more Assistant Directors and contracts to— of the House of Representatives. for the Directorate as the Director deter- ‘‘(I) individual institutions of higher edu- mines necessary, in the same manner as ‘‘(b) ESTABLISHMENT.— cation for work at centers or by individual other Assistant Directors of the Foundation ‘‘(1) IN GENERAL.—Not later than 90 days researchers; after the date of enactment of the Endless are appointed. ‘‘(II) not-for-profit entities; and Frontier Act, the Director shall establish in ‘‘(4) REPORT.—Not later than 120 days after ‘‘(III) consortia that— the Foundation a Directorate for Tech- the date of enactment of the Endless Fron- ‘‘(aa) shall include and be led by an institu- nology. The Directorate shall carry out the tier Act, the Director shall prepare and sub- tion of higher education, and may include 1 duties and responsibilities described in this mit a report to the relevant congressional or more additional institutions of higher section, in order to further the following committees regarding the establishment of education; goals: the Directorate. ‘‘(bb) may include 1 or more entities de- ‘‘(A) Strengthening the leadership of the ‘‘(c) DUTIES AND FUNCTIONS OF THE DIREC- scribed in subclause (I) or (II) and, if deter- United States in critical technologies TORATE.— mined appropriate by the Director, for-profit through fundamental research in the key ‘‘(1) DEVELOPMENT OF TECHNOLOGY FOCUS OF entities, including small businesses; and technology focus areas. THE DIRECTORATE.—The Director, acting ‘‘(cc) may include 1 or more entities de- ‘‘(B) Enhancing the competitiveness of the through the Deputy Director, shall— scribed in subclause (I) or (II) from treaty al- United States in the key technology focus ‘‘(A) advance innovation in the key tech- lies and security partners of the United areas by improving education in the key nology focus areas through fundamental re- States; technology focus areas and attracting more search and other activities described in this ‘‘(ii) provide funds to other divisions of the students to such areas. section; and Foundation, including— ‘‘(C) Consistent with the operations of the ‘‘(B) develop and implement strategies to ‘‘(I) to the other directorates of the Foun- Foundation, fostering the economic and soci- ensure that the activities of the Directorate dation to pursue basic questions about nat- etal impact of federally funded research and are directed toward the key technology focus ural and physical phenomena that could en- development through an accelerated trans- areas in order to accomplish the goals de- able advances in the key technology focus lation of fundamental advances in the key scribed in subparagraphs (A) through (C) of areas; technology focus areas into processes and subsection (b)(1) consistent with the most re- ‘‘(II) to the Directorate for Social, Behav- products that can help achieve national cent report conducted under section 5(b) of ioral, and Economic Sciences to study ques- goals related to economic competitiveness, the Endless Frontier Act. tions that could affect the design, operation, domestic manufacturing, national security, ‘‘(2) KEY TECHNOLOGY FOCUS AREAS.— deployment, or the social and ethical con- shared prosperity, energy and the environ- ‘‘(A) INITIAL LIST.—The initial key tech- sequences of technologies in the key tech- ment, health, education and workforce de- nology focus areas are— nology focus areas; and velopment, and transportation. ‘‘(i) artificial intelligence and machine ‘‘(III) to the Directorate for Education and ‘‘(2) DEPUTY DIRECTOR.—The Directorate learning; Human Resources to further the creation of shall be headed by the Deputy Director. ‘‘(ii) high performance computing, semi- a domestic workforce capable of advancing ‘‘(3) ORGANIZATION AND ADMINISTRATIVE conductors, and advanced computer hard- the key technology focus areas; MATTERS.— ware; ‘‘(iii) provide funds to other Federal re- ‘‘(A) HIRING AUTHORITY.— ‘‘(iii) quantum computing and information search agencies, including the National In- ‘‘(i) EXPERTS IN SCIENCE AND ENGINEER- systems; stitute of Standards and Technology, for in- ING.—The Director shall have the authority ‘‘(iv) robotics, automation, and advanced tramural or extramural work in the key to carry out a program of personnel manage- manufacturing; technology focus areas; ment authority for the Directorate in the ‘‘(v) natural or anthropogenic disaster pre- ‘‘(iv) make awards under the SBIR and same manner, and subject to the same re- vention; STTR programs (as defined in section 9(e) of quirements, as the program of personnel ‘‘(vi) advanced communications tech- the Small Business Act (15 U.S.C. 638(e)) in management authority authorized for the nology; the same manner as awards under such pro- Director of the Defense Advanced Research ‘‘(vii) biotechnology, genomics, and syn- grams are made by the Director of the Foun- Projects Agency under section 1599h of title thetic biology; dation;

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‘‘(v) administer prize challenges under sec- ‘‘(A) IN GENERAL.—From amounts made ‘‘(i) the steps the applicant will take to re- tion 24 of the Stevenson-Wydler Technology available to the Directorate, the Director duce the risks for commercialization for new Innovation Act of 1980 (15 U.S.C. 3719) in the shall, through a competitive application and technologies; key technology focus areas, in order to ex- selection process, award grants to or enter ‘‘(ii) why such steps are likely to be effec- pand public-private partnerships beyond di- into cooperative agreements with institu- tive; and rect research funding; and tions of higher education or consortia de- ‘‘(iii) how such steps differ from previous ‘‘(vi) enter into and perform such con- scribed in paragraph (3)(A)(i)(III) to establish efforts to reduce the risks for commer- tracts, including cooperative research and university technology centers. cialization for new technologies. development arrangements and grants and ‘‘(B) USES OF FUNDS.— ‘‘(C) USE OF FUNDS.—A recipient of a grant cooperative agreements or other trans- ‘‘(i) IN GENERAL.—A center established under this paragraph shall use grant funds to actions, as may be necessary in the conduct under a grant or cooperative agreement reduce the risks for commercialization for of the work of the Directorate and on such under subparagraph (A)— new technologies developed on campus, ‘‘(I) shall use support provided under such terms as the Deputy Director considers ap- which may include— subparagraph— propriate, in furtherance of the purposes of ‘‘(i) creating and funding competitions to ‘‘(aa) to carry out fundamental research to this Act. allow entrepreneurial ideas from institutions advance innovation in the key technology ‘‘(B) REPORTS.—Not later than 180 days focus areas; and of higher education to illustrate their com- after the date of enactment of the Endless mercialization potential; Frontier Act, the Director shall prepare and ‘‘(bb) to further the development of innova- tions in the key technology focus areas, in- ‘‘(ii) facilitating mentorships between submit to the relevant congressional com- cluding— local and national business leaders and po- mittees a spending plan for the next 5 years ‘‘(AA) innovations derived from research tential entrepreneurs to encourage success- for each of the activities described in sub- carried out under item (aa), through such ac- ful commercialization; paragraph (A), including— tivities as proof-of-concept development and ‘‘(iii) creating and funding for-profit or ‘‘(i) a plan to seek out additional invest- prototyping, in order to reduce the cost, not-for-profit entities that could enable re- ments from— time, and risk of commercializing new tech- searchers at institutions of higher education ‘‘(I) certain designated countries; and nologies; and to further develop new technology prior to ‘‘(II) if appropriate, private sector entities; ‘‘(BB) through the use of public-private seeking commercial financing, through pa- and partnerships; and tient funding, advice, staff support, or other ‘‘(ii) the planned activities of the Direc- ‘‘(II) may use support provided under such means; torate to secure federally funded science and subparagraph— ‘‘(iv) providing off-campus facilities for technology pursuant to section 1746 of the ‘‘(aa) for the costs of equipment, including start-up companies where technology matu- National Defense Authorization Act for Fis- mid-tier infrastructure, and the purchase of ration could occur; and cal Year 2020 (Public Law 116–92). cyberinfrastructure resources, including ‘‘(v) revising institution policies to accom- ‘‘(C) ANNUAL BRIEFING.—Each year, the Di- computer time; or plish the goals of this paragraph. rector shall formally request a briefing from ‘‘(bb) for other activities or costs necessary ‘‘(8) TEST BEDS.— the Director of the Federal Bureau of Inves- to accomplish the purposes of this section. ‘‘(A) PROGRAM AUTHORIZED.—The Director, tigation and the Director of the National ‘‘(ii) SUPPORT OF REGIONAL TECHNOLOGY acting through the Deputy Director, shall es- Counterintelligence and Security Center re- HUBS.—Each center established under sub- tablish a program in the Directorate to garding their efforts to preserve the United paragraph (A) may support and participate award grants, on a competitive basis, to in- States’ advantages generated by the activity in, as appropriate, the activities of any re- stitutions of higher education or consortia of the Directorate. gional technology hub designated under sec- described in paragraph (3)(A)(i)(III) to estab- ‘‘(4) INTERAGENCY COOPERATION.—In car- tion 27(d) of the Stevenson-Wydler Tech- lish test beds and fabrication facilities to ad- rying out this section, the Director and nology Innovation Act of 1980 (15 U.S.C. vance the operation, integration and, as ap- other Federal research agencies shall work 3722(d)). propriate, manufacturing of new, innovative cooperatively with each other to further the ‘‘(C) REQUIREMENTS.—The Director shall technologies in the key technology focus goals of this section in the key technology ensure that any institution of higher edu- areas, which may include hardware or soft- focus areas. Each year, the Director shall cation or consortium receiving a grant or co- ware. The goal of such test beds and facili- prepare and submit a report to Congress, and operative agreement under subparagraph (A) ties shall be to accelerate the movement of shall simultaneously submit the report to has demonstrated an ability to advance the innovative technologies into the commercial the Director of the Office of Science and goals described in subsection (b)(1). market through existing and new companies. Technology Policy, describing the inter- ‘‘(7) MOVING TECHNOLOGY FROM LABORATORY ‘‘(B) PROPOSALS.—A proposal submitted agency cooperation that occurred during the TO MARKET.— under this paragraph shall, at a minimum, preceding year pursuant to this paragraph, ‘‘(A) PROGRAM AUTHORIZED.—The Director describe— including a list of— shall establish a program in the Directorate ‘‘(i)(I) the 1 or more technologies that will ‘‘(A) any funds provided under paragraph to award grants, on a competitive basis, to be the focus of the test bed or fabrication fa- (3)(A)(ii) to other divisions of the Founda- institutions of higher education or consortia cility; tion; and described in paragraph (3)(A)(i)(III)— ‘‘(B) any funds provided under paragraph ‘‘(i) to build capacity at an institution of ‘‘(II) the goals of the work to be done at (3)(A)(iii) to other Federal research agencies. higher education and in its surrounding re- the test bed or facility; and ‘‘(5) PROVIDING SCHOLARSHIPS, FELLOW- gion to increase the likelihood that new ‘‘(III) the expected schedule for completing SHIPS, AND OTHER STUDENT SUPPORT.— technologies in the key technology focus that work; ‘‘(A) IN GENERAL.—The Director, acting areas will succeed in the commercial mar- ‘‘(ii) how the applicant will assemble a through the Directorate, shall fund under- ket; and workforce with the skills needed to operate graduate scholarships, graduate fellowships ‘‘(ii) with the goal of promoting experi- the test bed or facility; and traineeships, and postdoctoral student ments with a range of models that institu- ‘‘(iii) how the applicant will ensure that awards in the key technology focus areas. tions of higher education could use to— work in the test bed or facility will con- ‘‘(B) IMPLEMENTATION.—The Director may ‘‘(I) enable new technologies to mature to tribute to the commercial viability of any carry out subparagraph (A) by providing the point where the technologies are more technologies, which may include collabora- funds— likely to succeed in the commercial market; tion and funding from industry partners; ‘‘(i) to the Directorate for Education and and ‘‘(iv) how the applicant will encourage the Human Resources of the Foundation for— ‘‘(II) reduce the risks to commercial suc- participation of entrepreneurs and the devel- ‘‘(I) awards directly to students; and cess for new technologies earlier in their de- opment of new businesses; and ‘‘(II) grants or cooperative agreements to velopment. ‘‘(v) how the test bed or facility will oper- institutions of higher education, including A grant awarded under this subparagraph for ate after Federal funding has ended. those institutions involved in operating uni- a purpose described in clause (i) or (ii) may ‘‘(C) AWARDS.—Grants made under this versity technology centers established under also enable the institution of higher edu- paragraph— paragraph (6); and cation or consortium to provide training and ‘‘(i) shall be for 5 years, with the possi- ‘‘(ii) to programs in Federal research agen- support to scientists and engineers who are bility of one 3-year extension; and cies that have experience awarding such interested in research and commercializa- ‘‘(ii) may be used for the purchase of equip- scholarships, fellowships, traineeships, or tion, if the use is included in the proposal ment, the support of graduate students and postdoctoral awards. submitted under subparagraph (B). postdoctoral researchers, and the salaries of ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—The Di- ‘‘(B) PROPOSALS.—An institution of higher staff. rector shall ensure that funds made available education or consortium desiring a grant ‘‘(D) REQUIREMENTS.—As a condition of re- under this paragraph shall be used to create under this paragraph shall submit a proposal ceiving a grant under this paragraph, an in- additional support for postsecondary stu- to the Director at such time, in such man- stitution of higher education or consortium dents and shall not displace funding for any ner, and containing such information as the shall publish and share with the public the other available support. Director may require. The proposal shall in- results of the work conducted under this ‘‘(6) UNIVERSITY TECHNOLOGY CENTERS.— clude a description of— paragraph.

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.028 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2600 CONGRESSIONAL RECORD — SENATE May 21, 2020

‘‘(9) INAPPLICABILITY.—Section 5(e)(1) shall once every 180 days for the duration of the ence, at rates authorized for employees of not apply to grants, contracts, or other ar- Board of Advisors. agencies under subchapter I of chapter 57 of rangements made under this section. ‘‘(C) MEETING WITH THE NATIONAL SCIENCE title 5, United States Code, while away from ‘‘(d) BOARD OF ADVISORS.— BOARD.—The Board of Advisors shall hold a their home or regular places of business in ‘‘(1) IN GENERAL.—There is established in joint meeting with the National Science the performance of services for the Board of the Foundation a Board of Advisors for the Board on at least an annual basis, on a date Advisors. Directorate (referred to in this section as the mutually selected by the chairperson of the ‘‘(C) STAFF.—The Deputy Director, in con- ‘Board of Advisors’), which shall provide ad- Board of Advisors and the Chairman of the sultation with the chairperson of the Board vice to the Deputy Director pursuant to this National Science Board. of Advisors, shall assign an employee of the subsection. The Board of Advisors shall not ‘‘(D) QUORUM.—A majority of the members Foundation to serve as an executive director have any decision-making authority. of the Board of Advisors shall constitute a for the Board of Advisors. quorum, but a lesser number of members ‘‘(D) GOVERNMENT EMPLOYEES.— ‘‘(2) MEMBERSHIP.— may hold hearings. ‘‘(i) IN GENERAL.—Any Federal Government ‘‘(A) COMPOSITION.—The Board of Advisors shall be comprised of 12 members rep- ‘‘(6) DUTIES OF BOARD OF ADVISORS.— employee may be detailed to the Board of resenting scientific leaders and experts from ‘‘(A) IN GENERAL.—The Board of Advisors Advisors without reimbursement, and such shall provide advice— detail shall be without interruption or loss industry and academia, of whom— ‘‘(i) to the Deputy Director on programs of civil service status or privilege. ‘‘(i) 2 shall be appointed by the majority that could best be carried out to accomplish ‘‘(ii) EMPLOYEES OF THE LEGISLATIVE leader of the Senate; the purposes of this section; BRANCH.—The Deputy Director shall estab- ‘‘(ii) 2 shall be appointed by the minority ‘‘(ii) to the Deputy Director to inform the lish procedures and policies to enable an em- leader of the Senate; reviews of key technology focus areas re- ployee of an office, agency, or other entity in ‘‘(iii) 2 shall be appointed by the Speaker quired under subsection (c)(2)(B); and the legislative branch of the Government to of the House of Representatives; ‘‘(iii) on other issues relating to the pur- support the activities of the Board of Advi- ‘‘(iv) 2 shall be appointed by the minority poses and responsibilities of the Directorate, sors. leader of the House of Representatives; and as requested by the Deputy Director. ‘‘(E) PROCUREMENT OF TEMPORARY AND ‘‘(v) 4 shall be appointed by the Director. ‘‘(B) NO ROLE IN AWARDING GRANTS, CON- INTERMITTENT SERVICES.—The chairperson of ‘‘(B) OPPORTUNITY FOR INPUT.—Before ap- TRACTS, OR COOPERATIVE AGREEMENTS.—The the Board of Advisors, with approval from pointing any member under subparagraph Board of Advisors shall not provide advice on the Deputy Director, may procure temporary (A), the appointing authority shall provide or otherwise help determine what entities and intermittent services under section an opportunity for the National Academies shall receive grants, contracts, or coopera- 3109(b) of title 5, United States Code, at rates of Sciences, Engineering, and Medicine and tive agreements under this Act. for individuals which do not exceed the daily other entities to provide advice regarding ‘‘(7) POWERS OF BOARD OF ADVISORS.— equivalent of the annual rate of basic pay potential appointees. ‘‘(A) HEARINGS.—The Board of Advisors prescribed for level V of the Executive ‘‘(C) QUALIFICATIONS.— may hold public or private hearings, sit and Schedule under section 5316 of that title. ‘‘(i) IN GENERAL.—Each member appointed act at such times and places, take such testi- ‘‘(F) ASSISTANCE FROM FEDERAL AGENCIES.— under subparagraph (A) shall— mony and receive such evidence (including A Federal department or agency may provide ‘‘(I) have extensive experience in a field re- classified testimony and evidence), and ad- to the Board of Advisors such services, funds, lated to the work of the Directorate or other minister such oaths as may be necessary to facilities, staff, and other support services as expertise relevant to developing technology carry out the functions of the Board of Advi- the department or agency may determine ad- roadmaps; and sors under paragraph (6). visable and as may be authorized by law. ‘‘(II) have, or be able to obtain within a ‘‘(B) INFORMATION FROM FEDERAL AGEN- ‘‘(9) PERMANENT BOARD.—Section 14 of the reasonable period of time, a security clear- CIES.— Federal Advisory Committee Act (5 U.S.C. ance appropriate for the work of the Board of ‘‘(i) IN GENERAL.—Each Federal department App.) shall not apply to the Board of Advi- Advisors. or agency shall, in accordance with applica- sors. ‘‘(ii) EXPEDITED SECURITY CLEARANCES.— ble procedures for the handling of classified ‘‘(e) AREAS OF FUNDING SUPPORT.—Subject The process of obtaining a security clearance information, provide reasonable access to to the availability of funds under subsection under clause (i)(II) may be expedited by the documents, statistical data, and other such (f), the Director shall, for each fiscal year, head of the appropriate Federal agency to information that the Deputy Director, in use— enable the Board to receive classified brief- consultation with the chairperson of the ‘‘(1) not less than 35 percent of funds pro- ings on the current and future technological Board of Advisors, determines necessary to vided to the Directorate for such year to capacity of other nations, and on the mili- carry out its functions under paragraph (6). carry out subsection (c)(6); tary implications of civilian technologies. ‘‘(ii) OBTAINING CLASSIFIED INFORMATION.— ‘‘(2) not less than 15 percent of such funds ‘‘(D) DATE.—The appointments of the mem- If the Board of Advisors, acting through the to carry out subsection (c)(5) with the goal of bers of the Board of Advisors shall be made chairperson, seeks classified information awarding, across the key technology focus not later than 90 days after the date of en- from a Federal department or agency, the areas— actment of the Endless Frontier Act. Deputy Director shall submit a written re- ‘‘(A) not fewer than 1,000 post-doctorate ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— quest to the head of the Federal department fellowships; ‘‘(A) IN GENERAL.—A member of the Board or agency for access to classified documents ‘‘(B) not fewer than 2,000 graduate fellow- of Advisors shall be appointed for a 3-year and statistical data, and other classified in- ships and traineeships; term, except that the Deputy Director shall formation described in clause (i), that is ‘‘(C) not fewer than 1,000 undergraduate adjust the terms for the first members of the under the control of such agency. scholarships; and Board of Advisors so that, within each ap- ‘‘(C) FINANCIAL DISCLOSURE REPORTS.—Each ‘‘(D) if funds remain after carrying out pointment category described in clauses (i) member of the Board of Advisors shall be re- subparagraphs (A) through (C), grants to in- through (v) of paragraph (2)(A), the terms ex- quired to file a financial disclosure report stitutions of higher education to enable the pire on a staggered basis. under title I of the Ethics in Government institutions to fund the development and es- ‘‘(B) TERM LIMITS.—A member of the Board Act of 1978, except that such reports shall be tablishment of new or specialized courses of of Advisors shall not serve for more than 2 held confidential and exempt from any law education for graduate, undergraduate, or full consecutive terms. otherwise requiring their public disclosure. technical college students; ‘‘(C) VACANCIES.—Any vacancy in the ‘‘(8) BOARD OF ADVISORS PERSONNEL AND ‘‘(3) not less than 5 percent of such funds to Board of Advisors— OPERATIONAL MATTERS.— carry out subsection (c)(7); ‘‘(i) shall not affect the powers of the ‘‘(A) COMPENSATION OF MEMBERS.— ‘‘(4) not less than 10 percent of such funds Board of Advisors; and ‘‘(i) IN GENERAL.—A member of the Board to carry out subsection (c)(8) by establishing ‘‘(ii) shall be filled in the same manner as of Advisors shall be compensated at a rate and equipping test beds and fabrication fa- the original appointment. equal to the daily equivalent of the annual cilities; and ‘‘(4) CHAIRPERSON.—The members of the rate of basic pay prescribed for level IV of ‘‘(5) not less than 15 percent of such funds Board of Advisors shall elect 1 member to the Executive Schedule under section 5315 of to carry out research and related activities serve as the chairperson of the Board of Ad- title 5, United States Code, for each day (in- pursuant to subclauses (I) and (II) of sub- visors. cluding travel time) during which the mem- section (c)(3)(A)(ii). ‘‘(5) MEETINGS.— ber is engaged in the performance of the du- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) INITIAL MEETING.—Not later than 180 ties of the Board of Advisors. ‘‘(1) IN GENERAL.—There are authorized to days after the date of enactment of the End- ‘‘(ii) NO FEDERAL EMPLOYEE MEMBERS.—No be appropriated for the Directorate, in addi- less Frontier Act, the Board of Advisors member of the Board of Advisors may be an tion to any other funds made available to shall hold the first meeting of the Board of officer or employee of the United States dur- the Directorate, a total of $100,000,000,000 for Advisors. ing the member’s term on the Board of Advi- fiscal years 2021 through 2025, of which— ‘‘(B) ADDITIONAL MEETINGS.—After the first sors. ‘‘(A) $2,000,000,000 is authorized for fiscal meeting of the Board of Advisors, the Board ‘‘(B) TRAVEL EXPENSES.—A member of the year 2021; of Advisors shall meet upon the call of the Board of Advisors shall be allowed travel ex- ‘‘(B) $8,000,000,000 is authorized for fiscal chairperson or of the Director, and at least penses, including per diem in lieu of subsist- year 2022;

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.028 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2601 ‘‘(C) $20,000,000,000 is authorized for fiscal (B) by inserting after subsection (c) the fol- ‘‘(i) aiming to designate regional tech- year 2023; lowing: nology hubs in as many regions of the United ‘‘(D) $35,000,000,000 is authorized for fiscal States as possible; and ‘‘(d) DESIGNATION OF AND GRANTS IN SUP- year 2024; and ‘‘(ii) focusing on localities that have clear PORT OF REGIONAL TECHNOLOGY HUBS.— ‘‘(E) $35,000,000,000 is authorized for fiscal potential and relevant assets for developing ‘‘(1) PROGRAM REQUIRED.— year 2025. a key technology focus area but have not yet ‘‘(A) IN GENERAL.—As part of the program ‘‘(2) APPROPRIATIONS LIMITATIONS.— become leading technology centers. established under subsection (b), the Sec- ‘‘(A) HOLD HARMLESS.—No funds shall be ‘‘(3) GRANTS.— retary shall carry out a program— appropriated to the Directorate or to carry ‘‘(A) IN GENERAL.—The Secretary shall out this section for any fiscal year in which ‘‘(i) to designate eligible consortia as re- carry out clause (ii) of paragraph (1)(A) the total amount appropriated to the Foun- gional technology hubs that create the con- through the award of grants to eligible con- dation (not including amounts appropriated ditions, within a region, to facilitate activi- sortia designated under clause (i) of such for the Directorate) is less than the total ties that— paragraph. amount appropriated to the Foundation (not ‘‘(I) enable United States leadership in a ‘‘(B) TERM.—Each grant awarded under including such amounts), adjusted by the key technology focus area, complementing subparagraph (A) shall be for a period of 5 rate of inflation, for the previous fiscal year. the Federal research and development in- years, but may be renewed once for an addi- ‘‘(B) NO TRANSFER OF FUNDS.—The Director vestments under section 8A of the Act of tional period of 5 years. shall not transfer any funds appropriated to May 10, 1950 (64 Stat. 149, chapter 171; 42 ‘‘(C) MATCHING REQUIRED.—The total Fed- any other directorate or office of the Foun- U.S.C. 1861 et seq.); and eral financial assistance awarded in a given dation to the Directorate.’’. ‘‘(II) support regional economic develop- year to an eligible consortium in support of (d) ANNUAL REPORT ON UNFUNDED PRIOR- ment that diffuses innovation capacity the eligible consortium’s operation as a re- ITIES.— around the United States, enabling better gional technology hub under this subsection (1) ANNUAL REPORT.—Not later than 10 days broad-based growth and competitiveness in shall not exceed amounts as follows: after the date on which the budget of the key technology focus areas; and ‘‘(i) In fiscal year 2021, 90 percent of the President for a fiscal year is submitted to ‘‘(ii) to support regional technology hubs total funding of the regional technology hub Congress pursuant to section 1105 of title 31, designated under clause (i). in that fiscal year. United States Code, the Director shall sub- ‘‘(B) ELIGIBLE CONSORTIA.—For purposes of ‘‘(ii) In fiscal year 2022, 85 percent of the mit to the President and to Congress a re- this section, an eligible consortium is a con- total funding of the regional technology hub port on the unfunded priorities of the Na- sortium that— in that fiscal year. tional Science and Technology Foundation. ‘‘(i) includes— ‘‘(iii) In fiscal year 2023, 80 percent of the total funding of the regional technology hub (2) ELEMENTS.—Each report submitted ‘‘(I) an institution of higher education; under paragraph (1) shall provide— ‘‘(II) a local or Tribal government or other in that fiscal year. (A) for each directorate of the National political subdivision of a State; ‘‘(iv) In fiscal year 2024 and in each fiscal Science Foundation for the most recent, ‘‘(III) a government of a State or the eco- year thereafter, 75 percent of the total fund- fully completed fiscal year— nomic development representative of a ing of the regional technology hub in that (i) the proposal success rate; State; and fiscal year. ‘‘(D) USE OF GRANT FUNDS.—The recipient (ii) the percentage of proposals that were ‘‘(IV) an economic development organiza- of a grant awarded under subparagraph (A) not funded and that met the criteria for tion or similar entity that is focused pri- shall use the grant for multiple activities de- funding; and marily on improving science, technology, in- termined appropriate by the Secretary, in- (iii) the most promising research areas novation, or entrepreneurship; and cluding— covered by proposals described in clause (ii); ‘‘(ii) may include 1 or more— ‘‘(i) the permissible activities set forth and ‘‘(I) nonprofit entities with relevant exper- under subsection (c)(2); and (B) a list, in order of priority, of the next tise; ‘‘(ii) activities in support of key tech- activities that should be undertaken in the ‘‘(II) venture development organizations; nology focus areas— Major Research Equipment and Facilities ‘‘(III) financial institutions; ‘‘(I) to develop the region’s skilled work- Construction account. ‘‘(IV) educational institutions, including force through the training and retraining of SEC. 4. REGIONAL TECHNOLOGY HUB PROGRAM. career and technical education schools; workers and alignment of career technical (a) DEFINITIONS.— ‘‘(V) workforce training organizations; training and educational programs in the re- (1) KEY TECHNOLOGY FOCUS AREAS.—Sub- ‘‘(VI) industry associations; gion’s elementary and secondary schools and section (a) of section 27 of the Stevenson- ‘‘(VII) firms in the key technology focus institutions of higher education; Wydler Technology Innovation Act of 1980 (15 areas; ‘‘(II) to develop regional strategies for in- U.S.C. 3722) is amended— ‘‘(VIII) Federal laboratories; frastructure improvements and site develop- (A) by redesignating paragraphs (2) ‘‘(IX) Centers (as defined in section 25(a) of ment in support of the regional technology through (4) as paragraphs (3) through (5), re- the National Institute of Standards and hub’s plans and programs; spectively; and Technology Act (15 U.S.C. 278k(a)); ‘‘(III) to support business activity that de- (B) by inserting after paragraph (1) the fol- ‘‘(X) Manufacturing USA institutes (as de- velops the domestic supply chain and encour- lowing: scribed in section 34(d) of the National Insti- ages the creation of new business entities; ‘‘(2) KEY TECHNOLOGY FOCUS AREAS.—The tute of Standards and Technology Act (15 ‘‘(IV) to attract new private, public, and term ‘key technology focus areas’ means the U.S.C. 278s(d))); and philanthropic investment in the region for areas included on the most recent list under ‘‘(XI) institutions receiving an award developing innovation capacity, including section 8A(c)(2) of the Act of May 10, 1950 (64 under paragraph (6) or (7) of section 8A(c) of establishing regional venture and loan funds Stat. 149, chapter 171; 42 U.S.C. 1861 et the Act of May 10, 1950 (64 Stat. 149, chapter for financing technology commercialization, seq.).’’. 171; 42 U.S.C. 1861 et seq.). new business formation, and business expan- (2) VENTURE DEVELOPMENT ORGANIZA- ‘‘(C) ADMINISTRATION.—The Secretary shall sions; TIONS.—Paragraph (5) of such subsection, as carry out this subsection through the Assist- ‘‘(V) to further the development of innova- redesignated by paragraph (1) of this sub- ant Secretary of Commerce for Economic tions in the key technology focus areas, in- section, is amended by striking ‘‘purposes Development and the Under Secretary of cluding innovations derived from research of’’ and all that follows through the period Commerce for Standards and Technology, conducted at institutions of higher edu- at the end and inserting the following: ‘‘pur- jointly. cation or other research entities, including poses of— ‘‘(2) DESIGNATION OF REGIONAL TECHNOLOGY research conducted by 1 or more university ‘‘(A) accelerating the commercialization of HUBS.— technology centers established under section research; ‘‘(A) IN GENERAL.—The Secretary shall use 8A(c)(6) of the Act of May 10, 1950 (64 Stat. ‘‘(B) strengthening the competitive posi- a competitive process for the designation of 149, chapter 171; 42 U.S.C. 1861 et seq.), tion of industry through the development, regional technology hubs under paragraph through activities that may include— commercial adoption, or deployment of tech- (1)(A)(i). ‘‘(aa) proof-of-concept development and nology; and ‘‘(B) NUMBER OF REGIONAL TECHNOLOGY prototyping; ‘‘(C) providing financial grants, loans, or HUBS.—During the 5-year period beginning on ‘‘(bb) public-private partnerships in order direct financial investment to commercialize the date of the enactment of the Endless to reduce the cost, time, and risk of commer- technology.’’. Frontier Act, the Secretary shall designate cializing new technologies; (b) DESIGNATION OF AND SUPPORT FOR RE- not fewer than 10 and not more than 15 eligi- ‘‘(cc) creating and funding competitions to GIONAL TECHNOLOGY HUBS AS PART OF RE- ble consortia as regional technology hubs allow entrepreneurial ideas from institutions GIONAL INNOVATION PROGRAM OF DEPARTMENT under paragraph (1)(A)(i). of higher education to illustrate their com- OF COMMERCE.— ‘‘(C) GEOGRAPHIC DISTRIBUTION.—In con- mercialization potential; (1) IN GENERAL.—Such section is amended— ducting the competitive process under sub- ‘‘(dd) facilitating mentorships between (A) by redesignating subsections (d) paragraph (A), the Secretary shall ensure ge- local and national business leaders and po- through (h) as subsections (e) through (i), re- ographic distribution in the designation of tential entrepreneurs to encourage success- spectively; and regional technology hubs— ful commercialization;

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.028 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2602 CONGRESSIONAL RECORD — SENATE May 21, 2020 ‘‘(ee) creating and funding for-profit or in the public, private, and philanthropic sec- based on the metrics developed under clause not-for-profit entities that could enable re- tors in support of the proposed regional tech- (i); and searchers at institutions of higher education nology hub, including the development of ‘‘(iii) 2 years after the initial award under and other research entities to further de- necessary infrastructure improvements and paragraph (3) and each year thereafter until velop new technology prior to seeking com- site preparation. Federal financial assistance under this sub- mercial financing, through patient funding, ‘‘(I) How the eligible consortium plans to section for the regional technology hub is advice, staff support, or other means; and address economic inclusion, including ensur- discontinued, conduct an assessment of the ‘‘(ff) providing facilities for start-up com- ing that skill development, entrepreneurial regional technology hub to confirm whether panies where technology maturation could assistance, and other activities focus on eco- the performance of the regional technology occur; and nomically disadvantaged populations. hub is meeting the standards for perform- ‘‘(VI) to carry out such other activities as ‘‘(6) COORDINATION WITH NATIONAL INSTI- ance established under clause (ii). the Secretary considers appropriate to im- TUTE OF STANDARDS AND TECHNOLOGY PRO- ‘‘(B) ANNUAL REPORT.—Not less frequently prove United States competitiveness and re- GRAMS.— than once each year, the Secretary shall sub- gional economic development to support a ‘‘(A) DEFINITIONS.—In this paragraph: mit to the Committee on Commerce, key technology focus area and that would ‘‘(i) MANUFACTURING EXTENSION CENTER.— Science, and Transportation of the Senate, further the purposes of the Endless Frontiers The term ‘manufacturing extension center’ the Committee on Appropriations of the Sen- Act. has the meaning given the term ‘Center’ in ate, the Committee on Science, Space, and ‘‘(4) APPLICATIONS.— section 25(a) of the National Institute of Technology of the House of Representatives, ‘‘(A) IN GENERAL.—An eligible consortium Standards and Technology Act (15 U.S.C. and the Committee on Appropriations of the seeking designation as a regional technology 278k(a). House of Representatives an annual report hub under clause (i) of paragraph (1)(A) and ‘‘(ii) MANUFACTURING USA INSTITUTE.—The on the results of the assessments conducted support under clause (ii) of such paragraph term ‘Manufacturing USA institute’ means a by the Secretary under subparagraph (A)(iii) shall submit to the Secretary an application Manufacturing USA institute described in during the period covered by the report.’’. therefor at such time, in such manner, and section 34(d) of the National Institute of (2) INITIAL DESIGNATIONS AND AWARDS.— containing such information as the Sec- (A) COMPETITION REQUIRED.—Not later than retary may specify. Standards and Technology Act (15 U.S.C. 278s(d)). 180 days after the date of the enactment of ‘‘(B) CONSULTATION WITH NATIONAL SCIENCE ‘‘(B) COORDINATION REQUIRED.—The Sec- this Act, the Secretary of Commerce shall FOUNDATION UNIVERSITY TECHNOLOGY CEN- retary shall coordinate the activities of re- commence a competition under paragraph TERS.—In preparing an application for sub- (2)(A) of section 27(d) of the Stevenson- mittal under subparagraph (A), an applicant gional technology hubs designated under this subsection, the Hollings Manufacturing Ex- Wydler Technology Innovation Act of 1980, shall, to the extent practicable, consult with as added by paragraph (1). one or more university technology centers tension Partnership, and the Manufacturing (B) DESIGNATION AND AWARD.—Not later established under section 8A(c)(6) of the Act USA Program with each other to the degree that doing so does not diminish the effective- than 1 year after the date of the enactment of May 10, 1950 (64 Stat. 149, chapter 171; 42 of this Act, if the Secretary has received at U.S.C. 1861 et seq.) that are either geographi- ness of the ongoing activities of a manufac- turing extension center or a Manufacturing least 1 application under paragraph (4) of cally relevant or are conducting research on such section from an eligible consortium relevant key technology focus areas. USA institute. whom the Secretary considers suitable for ‘‘(5) CONSIDERATIONS FOR DESIGNATION AND ‘‘(C) CONDITION OF SUPPORT.—In order to designation under paragraph (1)(A)(i) of such GRANT AWARDS.—In selecting an eligible con- coordinate activities under subparagraph section, the Secretary shall— sortium that submitted an application under (B), the Secretary may condition the award (i) designate at least 1 regional technology paragraph (4)(A) for designation and support of a grant or support under this subsection hub under paragraph (1)(A)(i) of such section; under paragraph (1)(A), the Secretary shall or section 25 or 34 of the National Institute and consider, at a minimum, the following: of Standards and Technology Act (15 U.S.C. (ii) award a grant under paragraph (3)(A) of ‘‘(A) The potential of the eligible consor- 278k and 278s) upon submittal to the coordi- such section to each regional technology hub tium to advance the development of new nation efforts of the Secretary under sub- technologies in a key technology focus area. paragraph (B) of this paragraph. designated under clause (i) of this subpara- ‘‘(B) The likelihood of positive regional ‘‘(D) ELEMENTS.—Coordination by the Sec- graph. economic effect, including increasing the retary under subparagraph (B) may include (c) AUTHORIZATION OF APPROPRIATIONS.— number of high wage jobs, and creating new the following: Subsection (i) of such section, as redesig- economic opportunities for economically dis- ‘‘(i) The alignment of activities of the Hol- nated by subsection (c)(1)(A) of this section, advantaged populations. lings Manufacturing Extension Partnership is amended— ‘‘(C) How the eligible consortium plans to with the activities of regional technology (1) by striking ‘‘From amounts’’ and in- integrate with and leverage the resources of hubs designated under this subsection, if ap- serting the following: one or more university technology centers plicable. ‘‘(1) IN GENERAL.—From amounts’’; established under section 8A(c)(6) of the Act ‘‘(ii) The alignment of activities of the (2) in paragraph (1), as redesignated by of May 10, 1950 (64 Stat. 149, chapter 171; 42 Manufacturing USA Program and the Manu- paragraph (1) of this subsection, by striking U.S.C. 1861 et seq.) in a related key tech- facturing USA institutes with the activities ‘‘this section’’ and inserting ‘‘the provisions nology focus area. of regional technology hubs designated under of this section other than subsection (d)’’; ‘‘(D) How the eligible consortium will en- this subsection, if applicable. and gage with the private sector, including ‘‘(7) INTERAGENCY COLLABORATION.—In as- (3) by adding at the end the following: small- and medium-sized enterprises to com- sisting regional technology hubs designated ‘‘(2) REGIONAL TECHNOLOGY HUBS.—There is mercialize new technologies and develop new under paragraph (1)(A)(i), the Secretary— authorized to be appropriated to the Sec- supply chains in the United States in a key ‘‘(A) shall collaborate with Federal depart- retary to carry out subsection (d) technology focus area. ments and agencies whose missions con- $10,000,000,000 for the period of fiscal year ‘‘(E) How the eligible consortium will tribute to the goals of the regional tech- 2021 through 2025.’’. carry out workforce development and skills nology hub; acquisition programming, including through ‘‘(B) may accept funds from other Federal SEC. 5. STRATEGY AND REPORT ON ECONOMIC the use of apprenticeships, mentorships, and agencies to support grants and activities SECURITY, SCIENCE, RESEARCH, other related activities authorized by the under this subsection; and AND INNOVATION TO SUPPORT THE NATIONAL SECURITY STRATEGY. Secretary, to support the development of a ‘‘(C) may establish interagency agreements key technology focus area. with other Federal departments or agencies (a) DEFINITIONS.—In this section: ‘‘(F) How the eligible consortium will im- to provide preferential consideration for fi- (1) APPROPRIATE COMMITTEES OF CON- prove science, technology, engineering, and nancial or technical assistance to a regional GRESS.—The term ‘‘appropriate committees mathematics education programs in the technology hub designated under this sub- of Congress’’ means— identified region in elementary and sec- section if all applicable requirements for the (A) the Committee on Appropriations, the ondary school and higher education institu- financial or technical assistance are met. Committee on Armed Services, the Com- tions located in the identified region to sup- ‘‘(8) PERFORMANCE MEASUREMENT, TRANS- mittee on Banking, Housing, and Urban Af- port the development of a key technology PARENCY, AND ACCOUNTABILITY.— fairs, the Committee on Commerce, Science, focus area. ‘‘(A) METRICS, STANDARDS, AND ASSESS- and Transportation, the Committee on En- ‘‘(G) How the eligible consortium plans to MENT.—For each grant awarded under para- ergy and Natural Resources, the Committee develop partnerships with venture develop- graph (3) for a regional technology hub, the on Finance, the Committee on Foreign Rela- ment organizations and sources of private in- Secretary shall— tions, and the Select Committee on Intel- vestment in support of private sector activ- ‘‘(i) develop metrics to assess the effective- ligence of the Senate; and ity, including launching new or expanding ness of the activities funded in making (B) the Committee on Appropriations, the existing companies, in a key technology progress toward the purposes set forth under Committee on Armed Services, the Com- focus area. paragraph (1)(A); mittee on Energy and Commerce, the Com- ‘‘(H) How the eligible consortium plans to ‘‘(ii) establish standards for the perform- mittee on Financial Services, the Committee organize the activities of regional partners ance of the regional technology hub that are on Foreign Affairs, the Committee on Ways

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.028 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2603 and Means, and the Permanent Select Com- nology transfer, including an assessment of Foundation’’ each place the term appears mittee on Intelligence of the House of Rep- the adequacy of Federal research and devel- and inserting ‘‘National Science and Tech- resentatives. opment funding in promoting competitive- nology Foundation’’. (2) KEY TECHNOLOGY FOCUS AREA.—The ness and the development of new tech- (c) NATIONAL SCIENCE FOUNDATION AUTHOR- term ‘‘key technology focus area’’ means an nologies. IZATION ACT OF 2002.—The National Science area included on the most recent list under (F) An assessment of manufacturing capac- Foundation Authorization Act of 2002 (42 section 8A(c)(2) of the Act of May 10, 1950 (64 ity, logistics, and supply chain dynamics of U.S.C. 1862n et seq.) is amended— Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.). major export sectors, including access to a (1) in section 2 (42 U.S.C. 1862n note), by (3) NATIONAL SECURITY STRATEGY.—The skilled workforce, physical infrastructure, striking ‘‘National Science Foundation’’ term ‘‘national security strategy’’ means the and broadband network infrastructure. each place the term appears and inserting national security strategy required by sec- (2) STRATEGY.—Each strategy submitted ‘‘National Science and Technology Founda- tion 108 of the National Security Act of 1947 under subsection (b)(1)(C)(ii) shall include tion’’; (50 U.S.C. 3043). the following: (2) in each of paragraphs (4) and (7) of sec- (b) STRATEGY AND REPORT.— (A) A plan to utilize available tools to ad- tion 4 (42 U.S.C. 1862n note), by striking ‘‘Na- (1) IN GENERAL.—In 2021 and in each year dress or minimize the leading threats and tional Science Foundation established’’ and thereafter before the applicable date set challenges and to take advantage of the lead- inserting ‘‘National Science and Technology forth under paragraph (2), the Director of the ing opportunities, including the following: Foundation established’’; and Office of Science and Technology Policy, in (i) Specific objectives, tasks, metrics, and (3) in section 10A (42 U.S.C. 1862n–1a)— coordination with the Director of the Na- milestones for each relevant Federal agency. (A) in the section heading, by inserting tional Economic Council, the Director of the (ii) Specific plans to support public and ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; National Science Foundation, the Secretary private sector investment in research, tech- (B) in the subsection heading of subsection of Commerce, the National Security Council, nology development, and domestic manufac- (e), by inserting ‘‘AND TECHNOLOGY’’ after and the heads of other relevant Federal turing in key technology focus areas sup- ‘‘NATIONAL SCIENCE’’; and agencies, shall— portive of the national economic competi- (C) by striking ‘‘National Science Founda- (A) review such strategy, programs, and re- tiveness of the United States and to foster tion’’ each place the term appears and in- sources as the Director of the Office of the prudent use of public-private partner- serting ‘‘National Science and Technology Science and Technology Policy determines ships. Foundation’’. pertain to United States national competi- (iii) Specific plans to promote environ- (d) AMERICA COMPETES ACT.—The Amer- tiveness in science, research, and innovation mental stewardship and fair competition for ica COMPETES Act (Public Law 110–69; 121 to support the national security strategy; United States workers. Stat. 572) is amended— (B) develop a strategy for the Federal Gov- (iv) A description of— (1) in each of sections 1006(c)(1)(K) (15 ernment to improve the national competi- (I) how the strategy submitted under sub- U.S.C. 3718(c)(1)(K)), 4001 (33 U.S.C. 893), and tiveness of the United States in science, re- section (b)(3)(B) supports the national secu- 5003(b)(1), by striking ‘‘National Science search, and innovation to support the na- rity strategy; and Foundation’’ and inserting ‘‘National tional security strategy; and (II) how the strategy submitted under such Science and Technology Foundation’’; (C) submit to the appropriate committees subsection is integrated and coordinated (2) in section 7001(5) (42 U.S.C. 1862o note), of Congress— with the most recent national defense strat- by striking ‘‘National Science Foundation’’ (i) a report on the findings of the Director egy under section 113(g) of title 10, United and inserting ‘‘National Science and Tech- with respect to the review conducted under nology Foundation’’; and paragraph (1); and States Code. (v) A plan to encourage the governments of (3) in the title heading for title VII, by in- (ii) the strategy developed or revised under serting ‘‘AND TECHNOLOGY’’ after ‘‘NA- paragraph (2). countries that are allies or partners of the United States to cooperate with the execu- TIONAL SCIENCE’’. (2) APPLICABLE DATES.—In each year, the (e) NATIONAL SCIENCE AND TECHNOLOGY tion of the strategy submitted under sub- applicable date set forth under this para- POLICY, ORGANIZATION, AND PRIORITIES ACT section (b)(3)(B), where appropriate. graph is as follows: OF 1976.—The National Science and Tech- (vi) A plan to encourage certain inter- (A) In 2021, December 31, 2021. nology Policy, Organization, and Priorities national and multilateral organizations to (B) In 2022 and every year thereafter— Act of 1976 (42 U.S.C. 6601 et seq.) is amend- (i) in any year in which a new President is support the implementation of such strat- ed— inaugurated, October 1 of that year; and egy. (1) in section 205(b)(2) (42 U.S.C. 6614(b)(2)), (ii) in any other year, the date that is 90 (vii) A plan for how the United States by striking ‘‘National Science Foundation’’ days after the date of the transmission to should develop local and regional capacity and inserting ‘‘National Science and Tech- Congress in that year of the national secu- for building innovation ecosystems across nology Foundation’’; and rity strategy. the nation by providing Federal support. (2) in section 206 (42 U.S.C. 6615), by strik- (c) ELEMENTS.— (viii) A plan for strengthening the indus- ing ‘‘National Science Foundation’’ each (1) REPORT.—Each report submitted under trial base of the United States. place the term appears and inserting ‘‘Na- subsection (b)(1)(C)(i) shall include the fol- (B) An identification of additional re- tional Science and Technology Foundation’’. lowing: sources, administrative action, or legislative (f) AMERICA COMPETES REAUTHORIZATION (A) An assessment of public and private in- action recommended to assist with the im- ACT OF 2010.—The America COMPETES Re- vestment in civilian and military science plementation of such strategy. authorization Act of 2010 (Public Law 111–358; and technology and its implications for the (d) FORM OF REPORTS AND STRATEGIES.— 124 Stat. 3982) is amended— geostrategic position and national security Each report and strategy submitted under (1) in the subtitle heading of subtitle A of of the United States. subsection (b) shall be submitted in unclassi- title V, by inserting ‘‘and Technology’’ after (B) A description of the prioritized eco- fied form, but may include a classified ‘‘National Science’’; nomic security interests and objectives of annex. (2) in section 502 (42 U.S.C. 1862p note)— the United States relating to science, re- SEC. 6. CONFORMING AMENDMENTS. (A) in paragraph (1), by striking ‘‘National search, and innovation and an assessment of (a) SCIENTIFIC AND ADVANCED-TECHNOLOGY Science Foundation’’ and inserting ‘‘Na- how investment in civilian and military ACT OF 1992.—The Scientific and Advanced- tional Science and Technology Foundation’’; science and technology can advance those Technology Act of 1992 (42 U.S.C. 1862h et and objectives. seq.) is amended— (B) in paragraph (3), by striking ‘‘National (C) An assessment of how regional efforts (1) in section 2(a)(5) (42 U.S.C. 1862h(a)(5)), Science Foundation established’’ and insert- are contributing and could contribute to the by striking ‘‘National Science Foundation’’ ing ‘‘National Science and Technology Foun- innovation capacity of the United States, in- and inserting ‘‘National Science and Tech- dation established’’; cluding— nology Foundation’’; and (3) in the section heading of section 506 (42 (i) programs run by State and local govern- (2) in section 3 (42 U.S.C. 1862i), by striking U.S.C. 1862p–1), by inserting ‘‘AND TECH- ments; and ‘‘National Science Foundation’’ each place NOLOGY’’ after ‘‘NATIONAL SCIENCE’’; (ii) regional factors that are contributing the term appears and inserting ‘‘National (4) in section 517 (42 U.S.C. 1862p–9)— or could contribute positively to innovation. Science and Technology Foundation’’. (A) in paragraph (2) of subsection (a), by (D) An assessment of barriers to competi- (b) NATIONAL SCIENCE FOUNDATION AUTHOR- striking ‘‘National Science Foundation’’ tiveness in key technology focus areas and IZATION ACT OF 1998.—The National Science each place the term appears and inserting barriers to the development and evolution of Foundation Authorization Act of 1998 (42 ‘‘National Science and Technology Founda- start-ups, small and mid-sized business enti- U.S.C. 1862k et seq.) is amended— tion’’; and ties, and industries in key technology focus (1) in each of paragraphs (1) and (2) of sec- (B) in each of subsections (a)(4), (b), and areas. tion 2 (112 Stat. 869), by striking ‘‘National (c)(2), by striking ‘‘National Science Founda- (E) An assessment of the effectiveness of Science Foundation established’’ and insert- tion’’ and inserting ‘‘National Science and the Federal Government, federally funded re- ing ‘‘National Science and Technology Foun- Technology Foundation’’; search and development centers, and na- dation established’’; and (5) in section 518 (124 Stat. 4015), by strik- tional labs in supporting and promoting (2) in section 101(a)(6) (42 U.S.C. ing ‘‘Foundation.’’ and inserting ‘‘and Tech- technology commercialization and tech- 1862k(a)(6)), by striking ‘‘National Science nology Foundation.’’;

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.028 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2604 CONGRESSIONAL RECORD — SENATE May 21, 2020 (6) in section 519 (124 Stat. 4015)— U.S.C. 1882) is amended by striking ‘‘Na- (1) in each of sections 4(5), 5(a)(2)(A), 20, (A) in the section heading, by inserting tional Science Foundation’’ each place the and 21(d) (15 U.S.C. 3703(5), 3704(a)(2)(A), 3712, ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; term appears and inserting ‘‘National and 3713(d)), by inserting ‘‘and Technology’’ and Science and Technology Foundation’’. after ‘‘National Science’’; (B) by striking ‘‘National Science Founda- (o) NATIONAL AERONAUTICS AND SPACE AD- (2) in section 9 (15 U.S.C. 3707)— tion’’ each place the term appears and in- MINISTRATION AUTHORIZATION ACT OF 2005.— (A) in the section heading, by inserting serting ‘‘National Science and Technology Section 721 of the National Aeronautics and ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; Foundation’’; Space Administration Authorization Act of (B) in each of subsections (a) and (b), by (7) in section 520 (42 U.S.C. 1862p–10)— 2005 (42 U.S.C. 1886a) is amended by striking striking ‘‘National Science Foundation’’ and (A) by striking ‘‘National Science Founda- ‘‘The National Science Foundation’’ and in- inserting ‘‘National Science and Technology tion’’ each place the term appears and in- serting ‘‘The National Science and Tech- Foundation’’; and serting ‘‘National Science and Technology nology Foundation’’. (C) in subsection (c)— (p) NATIONAL SCIENCE FOUNDATION AUTHOR- Foundation’’; and (i) by striking ‘‘National Science Founda- IZATION ACT FOR FISCAL YEAR 1986.—Section (B) in the subsection heading of subsection tion in’’ and inserting ‘‘National Science and 108 of the National Science Foundation Au- (b), by striking ‘‘NSF’’ and inserting Technology Foundation in’’; and thorization Act for Fiscal Year 1986 (42 ‘‘NSTF’’; (ii) by striking ‘‘National Science Founda- U.S.C. 1886) is amended by inserting ‘‘and (8) in section 522 (42 U.S.C. 1862p–11)— tion under’’ and inserting ‘‘National Science Technology’’ after ‘‘National Science’’. (A) in the section heading, by striking and Technology Foundation under’’; and (q) NATIONAL QUANTUM INITIATIVE ACT.— (3) in section 10 (15 U.S.C. 3708), by striking ‘‘NSF’’ and inserting ‘‘NSTF’’; and The National Quantum Initiative Act (Public ‘‘National Science Foundation’’ each place (B) by striking ‘‘National Science Founda- Law 115–368) is amended— the term appears and inserting ‘‘National tion’’ and inserting ‘‘National Science and (1) in the table of contents in section 2, by Science and Technology Foundation’’. Technology Foundation’’; striking the item relating to title III and in- (v) CYBER SECURITY RESEARCH AND DEVEL- (9) in section 524 (42 U.S.C. 1862p–12), by serting the following: striking ‘‘National Science Foundation’’ OPMENT ACT.—The Cyber Security Research ‘‘TITLE III—NATIONAL SCIENCE AND each place the term appears and inserting and Development Act (15 U.S.C. 7401 et seq.) TECHNOLOGY FOUNDATION QUANTUM ‘‘National Science and Technology Founda- is amended— ACTIVITIES’’; tion’’; and (1) in section 3(1) (15 U.S.C. 7402(1)), by in- (10) in section 555(5) (20 U.S.C. 9905(5)), by (2) in section 102(a)(2)(A) (15 U.S.C. serting ‘‘and Technology’’ after ‘‘National inserting ‘‘and Technology’’ after ‘‘National 8812(a)(2)(A)), by inserting ‘‘and Technology’’ Science’’; Science’’. after ‘‘National Science’’; (2) in section 5 (15 U.S.C. 7404)— (g) STEM EDUCATION ACT OF 2015.—Each of (3) in section 103 (15 U.S.C. 8813), by strik- (A) in the section heading, by inserting sections 2 and 3 of the STEM Education Act ing ‘‘National Science Foundation’’ each ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; of 2015 (42 U.S.C. 6621 note; 1862q) are amend- place the term appears and inserting ‘‘Na- (B) in subsection (c)(4), by inserting ‘‘and ed by striking ‘‘National Science Founda- tional Science and Technology Foundation’’; Technology’’ after ‘‘National Science’’; and tion’’ and inserting ‘‘National Science and (4) in the title heading for title III, by in- (C) in subsection (d), by striking ‘‘National Technology Foundation’’. serting ‘‘AND TECHNOLOGY’’ after ‘‘NA- Science Foundation’s’’ and inserting ‘‘Na- (h) RESEARCH EXCELLENCE AND ADVANCE- TIONAL SCIENCE’’; and tional Science and Technology Founda- MENTS FOR DYSLEXIA ACT.—The Research Ex- (5) in each of sections 301 and 302 (15 U.S.C. tion’s’’; and cellence and Advancements for Dyslexia Act 8841, 8842), by striking ‘‘National Science (3) in section 13 (15 U.S.C. 7409), by striking (Public Law 114–124; 130 Stat. 120) is amended Foundation’’ each place the term appears ‘‘National Science Foundation’’ each place by striking ‘‘National Science’’ each place and inserting ‘‘National Science and Tech- the term appears and inserting ‘‘National the term appears and inserting ‘‘National nology Foundation’’. Science and Technology Foundation’’. Science and Technology’’. (r) CYBERSECURITY ENHANCEMENT ACT OF (w) NATIONAL SUPERCONDUCTIVITY AND COM- (i) AMERICAN INNOVATION AND COMPETITIVE- 2014.—The Cybersecurity Enhancement Act PETITIVENESS ACT OF 1988.—Section 6 of the NESS ACT.—The American Innovation and of 2014 (15 U.S.C. 7421 et seq.) is amended— National Superconductivity and Competi- Competitiveness Act (42 U.S.C. 1862s et seq.) (1) in section 201 (15 U.S.C. 7431), by strik- tiveness Act of 1988 (15 U.S.C. 5205) is amend- is amended— ing ‘‘National Science Foundation’’ each ed by inserting ‘‘and Technology’’ after ‘‘Na- (1) in section 2 (42 U.S.C. 1862 note), by in- place the term appears and inserting ‘‘Na- tional Science’’. serting ‘‘and Technology’’ after ‘‘National tional Science and Technology Foundation’’; (x) WEATHER RESEARCH AND FORECASTING Science’’; and and INNOVATION ACT OF 2017.—Each of sections (2) in section 601(a)(1) (42 U.S.C. 1862s– (2) in each of sections 301 and 302 (15 U.S.C. 105 and 402(a)(1) of the Weather Research and 8(a)(1)), by striking ‘‘National Science’’ each 7441, 7442), by striking ‘‘National Science Forecasting Innovation Act of 2017 (15 U.S.C. 8515, 8542(a)(1)) are amended by inserting place the term appears and inserting ‘‘Na- Foundation’’ each place the term appears ‘‘and Technology’’ after ‘‘National Science’’. tional Science and Technology’’. and inserting ‘‘National Science and Tech- (j) NATIONAL SCIENCE FOUNDATION AUTHOR- nology Foundation’’. By Mr. THUNE: IZATION ACT, 1976.—The National Science (s) HIGH-PERFORMANCE COMPUTING ACT OF Foundation Authorization Act, 1976 (Public 1991.—The High-Performance Computing Act S.J. Res. 74. A joint resolution re- Law 94–86) is amended— of 1991 (15 U.S.C. 5501 et seq.) is amended— questing the Secretary of the Interior (1) in section 2(b) (42 U.S.C. 1869a), by (1) in section 101(a)(3)(C)(xi) 15 U.S.C. to authorize a unique and 1-time ar- striking ‘‘National Science Foundation’’ 5511(a)(3)(C)(xi)), by inserting ‘‘and Tech- rangement for certain displays on each place the term appears and inserting nology’’ after ‘‘National Science’’; and Mount Rushmore National Memorial ‘‘National Science and Technology Founda- (2) in section 201 (15 U.S.C. 5521)— relating to the centennial of the ratifi- tion’’; and (A) in the section heading, by inserting cation of the 19th Amendment to the (2) in section 6(a) (42 U.S.C. 1881a(a)), by ‘‘AND TECHNOLOGY’’ after ‘‘NATIONAL SCIENCE’’; Constitution of the United States dur- striking ‘‘National Science Foundation’’ and and ing the period beginning August 18, (B) by striking ‘‘National Science Founda- inserting ‘‘National Science and Technology 2020, and ending on September 30, 2020; Foundation’’. tion’’ each place the term appears and in- (k) NATIONAL SCIENCE FOUNDATION AUTHOR- serting ‘‘National Science and Technology to the Committee on Energy and Nat- IZATION ACT, 1977.—Section 8 of the National Foundation’’. ural Resources. Science Foundation Authorization Act, 1977 (t) ARCTIC RESEARCH AND POLICY ACT OF Mr. THUNE. Mr. President, I ask (42 U.S.C. 1883) is amended by striking ‘‘Na- 1984.—The Arctic Research and Policy Act of unanimous consent that the text of the tional Science Foundation’’ each place the 1984 (15 U.S.C. 4101 et seq.) is amended— joint resolution be printed in the term appears and inserting ‘‘National (1) in each of sections 102(b)(3) and 103(b)(1) RECORD. Science and Technology Foundation’’. (15 U.S.C. 4101(b)(3), 4102(b)(1)), by inserting There being no objection, the text of (l) NATIONAL SCIENCE FOUNDATION AUTHOR- ‘‘and Technology’’ after ‘‘National Science’’; the joint resolution was ordered to be IZATION ACT, FISCAL YEAR 1978.—Section 8 of and printed in the RECORD, as follows: the National Science Foundation Authoriza- (2) in section 107 (15 U.S.C. 4106)— tion Act, Fiscal Year 1978 (42 U.S.C. 1869b) is (A) in the subsection heading of subsection S.J. RES. 74 amended by inserting ‘‘and Technology’’ (a), by inserting ‘‘AND TECHNOLOGY’’ after Whereas, on May 21, 1919, the House of Rep- after ‘‘National Science’’. ‘‘NATIONAL SCIENCE’’; and resentatives adopted House Joint Resolution (m) ACT OF AUGUST 25, 1959.—The first sec- (B) by striking ‘‘National Science Founda- 1, 66th Congress, proposing an amendment to tion of the Act of August 25, 1959 (42 U.S.C. tion’’ each place the term appears and in- the Constitution extending the right of suf- 1880) is amended by inserting ‘‘and Tech- serting ‘‘National Science and Technology frage to women; nology’’ after ‘‘National Science’’. Foundation’’. Whereas, on June 4, 1919, the Senate adopt- (n) NATIONAL SCIENCE FOUNDATION AUTHOR- (u) STEVENSON-WYDLER TECHNOLOGY INNO- ed House Joint Resolution 1, 66th Congress, IZATION ACT FOR FISCAL YEAR 1980.—Section VATION ACT OF 1980.—The Stevenson-Wydler sending to the States for ratification the 9 of the National Science Foundation Au- Technology Innovation Act of 1980 (15 U.S.C. 19th Amendment to the Constitution of the thorization Act for Fiscal Year 1980 (42 3701 et seq.) is amended— United States;

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.028 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2605 Whereas, on August 18, 1920, the 36th State costs of child care, and a lack of access to SENATE RESOLUTION 595—RECOG- approved the 19th Amendment to the Con- child care, including a lack of access in child NIZING WIDENING THREATS TO stitution of the United States, satisfying the care deserts; FREEDOMS OF THE PRESS AND constitutional threshold of passage in 3/4 of Whereas in the months before the pan- EXPRESSION AROUND THE the States; demic, the Child Care and Development Whereas, on August 26, 1920, Secretary of WORLD, REAFFIRMING THE CEN- Block Grant program provided access to af- TRALITY OF A FREE AND INDE- State Bainbridge Colby certified the 19th fordable child care each month to nearly PENDENT PRESS TO THE Amendment to the Constitution of the 850,000 families, and over 1,400,000 children; United States; Whereas child care providers have lost sig- HEALTH OF FREE SOCIETIES Whereas section 431(a)(3) of the Depart- nificant income from families who cannot AND DEMOCRACIES, AND RE- ment of the Interior, Environment, and Re- pay and from reduced State reimbursements; AFFIRMING FREEDOM OF THE lated Agencies Appropriations Act, 2017 Whereas in March 2020, in a nationwide PRESS AS A PRIORITY OF THE (Public Law 115–31; 131 Stat. 502), enacted UNITED STATES IN PROMOTING into law S. 847, 115th Congress (as introduced survey of child care providers, 30 percent of on April 5, 2017), which established the Wom- the child care providers said they would not DEMOCRACY, HUMAN RIGHTS, en’s Suffrage Centennial Commission ‘‘to en- withstand a closure of more than 2 weeks AND GOOD GOVERNANCE IN COM- sure a suitable observance of the centennial without significant public investment and MEMORATION OF WORLD PRESS of the passage and ratification of the 19th support, an additional 17 percent of the child FREEDOM DAY ON MAY 3, 2020 Amendment to the Constitution of the care providers said they would not withstand United States providing for women’s suf- a closure of any amount of time without Mr. MENENDEZ (for himself, Mr. frage’’; that investment and support, and only 11 RUBIO, Mr. CARDIN, Mr. TILLIS, Mr. Whereas August 18, 2020, marks the centen- percent of the child care providers were con- KAINE, Mr. BOOZMAN, Mr. COONS, Mr. nial of the ratification of the 19th Amend- fident they could withstand a closure of an CORNYN, Mr. MARKEY, Mrs. BLACKBURN, ment to the Constitution of the United indeterminate length without that invest- Mr. MERKLEY, Ms. COLLINS, and Mr. States by 3/4 of the States; ment and support; CASEY) submitted the following resolu- Whereas August 26, 2020, marks the centen- Whereas child care providers that remain tion; which was referred to the Com- nial of the 19th Amendment becoming a part open are supporting our Nation’s front line mittee on Foreign Relations: of the Constitution of the United States; and of defense by providing child care for essen- S. RES. 595 Whereas the centennial anniversary of the tial workers who are first responders, health ratification of the 19th Amendment to the care, public transit, and grocery store work- Whereas Article 19 of the Universal Dec- Constitution of the United States providing laration of Human Rights, adopted in Paris ers, and workers in essential industries, and for women’s suffrage should be honored and December 10, 1948, states, ‘‘Everyone has the who have an estimated 6,000,000 children celebrated: Now, therefore, be it right to freedom of opinion and expression; under the age of 13 in need of emergency Resolved by the Senate and House of Rep- this right includes freedom to hold opinions resentatives of the United States of America in care; without interference and to seek, receive and Congress assembled, That Congress— Whereas those providers are facing chal- impart information and ideas through any (1) requests the Secretary of the Interior to lenges of increased costs for cleaning their media and regardless of frontiers.’’; authorize a unique and 1-time arrangement facilities and providing a safe environment Whereas, in 1993, the United Nations Gen- to commemorate the centennial of the pas- for children; eral Assembly proclaimed May 3rd of each sage of the 19th Amendment to the Constitu- Whereas the CARES Act provided year as ‘‘World Press Freedom Day’’— tion of the United States entitled ‘‘LOOK UP $3,500,000,000 for the Child Care and Develop- (1) to celebrate the fundamental principles TO HER at Mount Rushmore’’ with a display ment Block Grant program and much-needed of freedom of the press; of historical artifacts, digital content, film relief for families and businesses; (2) to evaluate freedom of the press around footage, and associated historical audio and Whereas an estimated additional the world; imagery in and around the vicinity of the $25,000,000,000 is still needed for the Child (3) to defend the media against attacks on Mount Rushmore National Memorial, includ- Care and Development Block Grant program its independence; and ing projected onto the surface of the Mount to provide minimum sufficient funds to (4) to pay tribute to journalists who have Rushmore National Memorial to the left and States, ensuring that many child care pro- lost their lives while working in their profes- right of the sculpture for 14 nights of public viders remain open and many others are able sion; display during the period beginning on Au- to reopen their facilities; and Whereas, on December 18, 2013, the United gust 18, 2020, and ending on September 30, Whereas the United States is beginning to Nations General Assembly adopted Resolu- 2020; and recover and accessible child care is crucial tion 68/163, regarding the safety of journal- (2) respectfully requests that the Secretary for working parents to return to work: Now, ists and the issue of impunity for crimes of the Senate transmit an enrolled copy of therefore, be it against journalists, which unequivocally this resolution to— condemns all attacks on, and violence (A) the Secretary of the Interior; and Resolved, That the Senate calls for— against, journalists and media workers, in- (B) the Lincoln Borglum Museum at the (1) significant funds, in addition to the cluding torture, extrajudicial killing, en- Mount Rushmore National Memorial. amount provided under the CARES Act (Pub- forced disappearance, arbitrary detention, f lic Law 116–136), to be made available and intimidation and harassment in conflict through payments to States for the Child and nonconflict situations; SUBMITTED RESOLUTIONS Care and Development Block Grant program; Whereas Thomas Jefferson, who recognized and the importance of the press in a constitu- (2) those funds to be used for the purposes tional republic, wisely declared, ‘‘were it left SENATE RESOLUTION 594—CALL- of making maintenance grants for eligible to me to decide whether we should have a ING FOR THE PAYMENTS TO child care providers under the Child Care and government without newspapers, or news- STATES FOR THE CHILD CARE Development Block Grant Act (42 U.S.C. 9858 papers without a government, I should not AND DEVELOPMENT BLOCK et seq.)— hesitate a moment to prefer the latter.’’; GRANT PROGRAM TO BE SUFFI- (A) to support the providers in paying Whereas the First Amendment to the CIENT TO COVER LOSSES EXPE- costs associated with closures, or decreased United States Constitution and various State constitutions protect freedom of the RIENCED BY CHILD CARE PRO- attendance or enrollment, related to press in the United States; VIDERS DUE TO THE COVID–19 coronavirus; and Whereas the Daniel Pearl Freedom of the (B) to assure the providers are able to re- PANDEMIC Press Act of 2009 (Public Law 111–166; 22 Mrs. LOEFFLER (for herself and Ms. main open or reopen as appropriate. U.S.C. 2151 note), which was passed by unani- ERNST) submitted the following resolu- mous consent in the Senate and signed into tion; which was referred to the Com- law by President Barack Obama in 2010, ex- mittee on Health, Education, Labor, panded the examination of the freedom of the press around the world in the annual and Pensions: Country Reports on Human Rights Practices of S. RES. 594 the Department of State; Whereas the COVID–19 pandemic has dis- Whereas a vigilant commitment to free- rupted the child care market and has re- dom of the press is especially necessary in sulted in decreased demand for child care, the wake of the COVID–19 pandemic— closures of child care providers, and unem- (1) as governments around the world are ployment for parents; using emergency laws to restrict access to Whereas before the pandemic, many work- information, impose press restrictions, and ing families faced challenges of increasing suppress free speech; and

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.042 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2606 CONGRESSIONAL RECORD — SENATE May 21, 2020 (2) as journalists around the world are world, and the Government of Turkey closed under the First Amendment to the Constitu- being censored and imprisoned for their re- down more than 100 news outlets during 2019; tion of the United States; porting on the virus; Whereas in Egypt, prominent blogger and (ii) to improve the rapid identification, Whereas in China, Chen Qiushi was dis- activist Alaa Abdelfattah was rearrested in publication, and response by the United appeared after reporting on the Government September 2019, human rights activist and States Government to threats against free- of the People’s Republic of China’s COVID–19 journalist Esraa Abdel Fattah was rearrested dom of the press around the world; response in February 2020, Xu Zhiyong was in October 2019, and Guardian reporter Ruth (iii) to urge foreign governments to protect reportedly detained in February 2020 during Michaelson’s press credentials were with- the free flow of information and to trans- a COVID–19 prevention check after criti- drawn for questioning official COVID–19 fig- parently investigate and bring to justice the cizing Chinese authorities, and reporters ures on March 16, 2020; perpetrators of attacks against journalists; from The New York Times, Wall Street Jour- Whereas American journalist Austin Tice and nal, The Washington Post, Voice of America, has been detained in Syria since August 14, (iv) to promote the respect and protection and Time were expelled in March 2020; 2012; of freedom of the press around the world. Whereas authorities in numerous coun- Whereas female journalists and writers in f tries, including Russia, Iran, Cuba, Burma Saudi Arabia face harsh personal con- (Myanmar), and Venezuela have— sequences for their work, and Zana Al-Shari SENATE RESOLUTION 596—EX- (1) restricted journalist movement; of the daily Al-Riyadh, Maha al-Rafidi al- PRESSING THE SENSE OF THE (2) hindered access to information; Qahtani of the daily Al-Watan, and recipients (3) removed content; and SENATE THAT THE HONG KONG of the 2019 PEN/Barbey Freedom to Write NATIONAL SECURITY LAW PRO- (4) threatened, harassed, attacked, and ar- Award Nouf Abdulaziz, Loujain Al-Hathloul, rested journalists for their reporting on the and Eman Al-Nafjan remain missing, impris- POSED BY THE GOVERNMENT OF COVID–19 pandemic; oned, or on trial due to their writing and THE PEOPLE’S REPUBLIC OF Whereas, even prior to the COVID–19 pan- outspoken women’s rights advocacy; CHINA WOULD VIOLATE THE OB- demic, freedom of the press remained under Whereas the Senate has concluded that LIGATIONS OF THAT GOVERN- considerable pressure throughout the world; Washington Post journalist and United MENT UNDER THE 1984 SINO- Whereas Reporters Without Borders found States resident Jamal Khashoggi was mur- that, as of April 20, 2020, at least 229 journal- BRITISH JOINT DECLARATION dered by a team of Saudi operatives at the AND THE HONG KONG BASIC ists, 116 citizen journalists, and 14 media as- behest of Crown Prince Mohammed Bin sistants were imprisoned worldwide; Salman; LAW AND CALLING UPON ALL Whereas according to the Committee to Whereas, under the auspices of the United FREE NATIONS OF THE WORLD Protect Journalists, at least 25 journalists States Agency for Global Media, the United TO STAND WITH THE PEOPLE OF were killed around the world for their work States Government provides financial assist- HONG KONG in 2019; ance to several editorially independent Mr. HAWLEY (for himself, Mr. LEE, Whereas Freedom House’s publication media outlets, including Voice of America, Mr. COTTON, Mrs. BLACKBURN, Ms. ‘‘Freedom in the World 2020’’ noted that Radio Free Europe/Radio Liberty, Radio global freedom of expression has declined Free Asia, Radio, the Office of Cuba Broad- MCSALLY, Mr. PETERS, Mr. WICKER, every year for the past 14 years; casting, and the Middle East Broadcast Net- Mrs. LOEFFLER, Mr. SULLIVAN, Mr. Whereas, according to the Committee to works— RUBIO, Mr. INHOFE, and Mr. DAINES) Protect Journalists, the world’s most (1) which report and broadcast news, infor- submitted the following resolution; censored countries include Eritrea, North mation, and analysis in critical regions which was referred to the Committee Korea, Turkmenistan, Saudi Arabia, China, around the world; and on Foreign Relations: Vietnam, Iran, Equatorial Guinea, Belarus, (2) whose journalists regularly face harass- and Cuba; ment, fines, and imprisonment for their S. RES. 596 Whereas the Government of the Phil- work; and Whereas the Government of the People’s ippines has waged a campaign of judicial Whereas freedom of the press is a key ele- Republic of China has proposed a new na- harassment against a variety of independent ment of public transparency, civil society tional security law for Hong Kong that press outlets, including the news website participation, socioeconomic development, would ban secession, subversion of state Rappler and its editor, Maria Ressa, who has and democratic governance: Now, therefore, power, and foreign interference, as defined been arrested twice; be it by the Government of the People’s Republic Whereas in Russia, Crimean Tatar free- Resolved, That the Senate— of China; lance journalist Nariman Memedeminov was (1) declares that a free press— Whereas, if the new national security law sentenced to 30 months in prison for report- (A) is a central component of free soci- is passed, the Government of the People’s ing on human rights violations by Russian eties, democratic governance, and contrib- Republic of China is expected to use this law authorities in Crimea; utes to an informed civil society, and gov- to justify and facilitate an expanded crack- Whereas in Cuba, the Committee to Pro- ernment accountability; down against peaceful protests and other tect Journalists and Amnesty International (B) helps expose corruption, and enhances forms of nonviolent protest by the people of have written to the Cuban authorities to re- public accountability and transparency of Hong Kong; quest the immediate release of journalist governments at all levels; and Whereas this proposed law constitutes a Roberto Quin˜ ones, who has been imprisoned (C) disseminates information essential to significant escalation in the campaign by since September 2019; improving public health and safety; the Government of the People’s Republic of Whereas in Venezuela, freelance journalist (2) condemns threats to freedom of the China and its proxies in Hong Kong to erase Darvinson Rojas has been detained since press and free expression around the world; the basic liberties and human rights prom- March 21, 2020, for reporting on presumed and ised to the people of Hong Kong under the COVID–19 cases that were unacknowledged (3) in remembrance of journalists who have 1984 Sino-British Joint Declaration and the by the Government of Venezuela; lost their lives carrying out their vital Hong Kong Basic Law; Whereas in Mexico, Quinto Poder de work— Whereas the announcement by the Govern- Veracruz founder Marı´a Elena Ferral, El (A) calls on governments abroad to imple- ment of the People’s Republic of China of its Graffico reporter Jorge Celestino Ruiz ment United Nations General Assembly Res- intent to pass this new national security law Va´ zquez, and journalists Nevith Condes olution 68/163 (2013) by thoroughly inves- reflects that government’s fundamental op- Jaramilla, Rogelio Barraga´ n Pere´z, and tigating and seeking to resolve outstanding position not only to the basic rights and lib- Norma Sarabia were all murdered between cases of violence against journalists, includ- erties of free persons championed by the peo- June 2019 and March 2020; ing murders and kidnappings, while ensuring ple of Hong Kong and the United States, but Whereas in Niger, independent journalist the protection of witnesses; also to upholding its obligations under inter- Kaka Touda Mamane Goni was arrested on (B) condemns all actions around the world national law; and March 5, 2020, and faces up to 3 years in pris- that suppress freedom of the press; Whereas the efforts by the Government of on for publishing news reports on social (C) calls for the unconditional and imme- the People’s Republic of China to silence media about potential COVID–19 cases; diate release of all imprisoned journalists; peaceful protestors in Hong Kong are part Whereas in Burundi, Iwacu journalists (D) reaffirms the centrality of freedom of and parcel of a broader hegemonic vision Christine Kamikazi, Agne`s Ndirubusa, Egide the press to efforts of the United States Gov- that would see the Government of the Peo- Harerimana, and Te´rence Mpozenzi were con- ernment to support democracy, mitigate ple’s Republic of China impose its will upon victed on charges of attempting to under- conflict, and promote good governance do- all free people of Asia and beyond: Now, mine state security and sentenced to 21⁄2 mestically and around the world; and therefore, be it years in prison; (E) calls upon the President and the Sec- Resolved, That it is the sense of the Senate Whereas in Tanzania, journalist Azory retary of State— that— Gwanda has been missing since November (i) to preserve and build upon the leader- (1) the Hong Kong national security law 2017; ship of the United States on issues relating proposed by the Government of the People’s Whereas Turkey remains 1 of the top to freedom of the press, on the basis of the Republic of China would violate the legal ob- jailers of independent journalists around the protections afforded the American people ligations of that government under—

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.039 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2607 (A) the 1984 Sino-British Joint Declaration, Whereas, compared to older individuals in being of children while working to provide a which guarantees for 50 years the protection the United States in past generations, older safe, loving, and permanent home for each of the basic rights and freedoms of the people individuals in the United States in 2020 are child; of Hong Kong, including those of speech, working longer, living longer, and enjoying Whereas there are approximately 437,000 press, assembly, association, travel, move- healthier, more active, and more inde- children living in foster care; ment, correspondence, and strike; and pendent lifestyles; Whereas there were approximately 263,000 (B) the Hong Kong Basic Law, which re- Whereas, in 2019, an estimated 6,422,000 in- youth that entered the foster care system in serves the authority for enacting laws pro- dividuals in the United States who were 65 2018, while more than 71,000 youth were eligi- hibiting treason, secession, sedition, subver- years of age or older continued to work as ble and awaiting adoption at the end of 2018; sion, and foreign interference to the Govern- full-time, year-round employees; Whereas the number of children living in ment of the Hong Kong Special Administra- Whereas older individuals in the United foster care has increased dramatically in re- tive Region; and States play an important role in society by cent years; (2) the United States Government should continuing to contribute their experience, Whereas more than 94,000 children entered use all diplomatic means available, including knowledge, wisdom, and accomplishments; foster care in 2018 due to parental drug targeted sanctions, to— Whereas older individuals in the United abuse; (A) dissuade the Government of the Peo- States play vital roles in their communities Whereas children of color are more likely ple’s Republic of China from passing the pro- and remain involved in volunteer work, the to stay in the foster care system for longer posed Hong Kong national security law; arts, cultural activities, and activities relat- periods of time and are less likely to be re- (B) compel the Government of the People’s ing to mentorship and civic engagement; and united with their biological families; Republic of China to rescind the proposed Whereas a society that recognizes the suc- Whereas foster parents— Hong Kong national security law, if it is cess of older individuals and continues to en- (1) are the front-line caregivers for chil- passed; and hance the access of older individuals to qual- dren who cannot safely remain with their bi- (C) rally all free nations to stand with the ity and affordable health care will— ological parents; people of Hong Kong against increasingly se- (1) encourage the ongoing participation (2) provide physical care, emotional sup- vere violations by the Government of the and heightened independence of older indi- port, and education advocacy; and People’s Republic of China of the rights and viduals; and (3) are the largest single source of families liberties guaranteed to them under the 1984 (2) ensure the continued safety and well- providing permanent homes for children Sino-British Joint Declaration and the Hong being of older individuals: Now, therefore, be leaving foster care to adoption; Kong Basic Law. it Whereas, compared to children in foster Resolved, That the Senate— f care who are placed with nonrelatives, chil- (1) designates May 2020 as ‘‘Older Ameri- dren in foster care who are placed with rel- SENATE RESOLUTION 597—DESIG- cans Month’’; and atives have more stability, including fewer NATING MAY 2020 AS ‘‘OLDER (2) encourages the people of the United changes in placements, have more positive AMERICANS MONTH’’ States to provide opportunities for older in- perceptions of their placements, are more dividuals to continue to flourish by— likely to be placed with their siblings, and Ms. COLLINS (for herself, Mr. JONES, (A) emphasizing the importance and lead- demonstrate fewer behavioral problems; Mr. SCOTT of South Carolina, Mr. ership of older individuals through public Whereas some relative caregivers receive CASEY, Mr. BURR, Mrs. GILLIBRAND, Ms. recognition of the ongoing achievements of less financial assistance and support services MCSALLY, Mr. BLUMENTHAL, Mr. RUBIO, older individuals; than do foster caregivers; Ms. WARREN, Mr. HAWLEY, Ms. SINEMA, (B) presenting opportunities for older indi- Whereas an increased emphasis on preven- viduals to share their wisdom, experience, Mr. BRAUN, Ms. ROSEN, Mr. SCOTT of tion and reunification services is necessary and skills with younger generations; and Florida, and Mr. GRASSLEY) submitted to reduce the number of children that are (C) recognizing older individuals as valu- forced to remain in the foster care system; the following resolution; which was able assets in strengthening communities considered and agreed to: Whereas almost 18,000 youth ‘‘aged out’’ of across the United States. foster care in 2018 without a legal permanent S. RES. 597 f connection to an adult or family; Whereas President John F. Kennedy first SENATE RESOLUTION 598—RECOG- Whereas children who age out of foster designated May as ‘‘Senior Citizens Month’’ care lack the security or support of a bio- in 1963; NIZING NATIONAL FOSTER CARE logical or adoptive family and frequently Whereas, in 1963, only approximately MONTH AS AN OPPORTUNITY TO struggle to secure affordable housing, obtain 17,778,000 individuals living in the United RAISE AWARENESS ABOUT THE health insurance, pursue higher education, States were 65 years of age or older, approxi- CHALLENGES OF CHILDREN IN and acquire adequate employment; mately 1⁄3 of those individuals lived in pov- THE FOSTER CARE SYSTEM, AND Whereas foster care is intended to be a erty, and few programs existed to meet the ENCOURAGING CONGRESS TO IM- temporary placement, but children remain needs of older individuals in the United PLEMENT POLICIES TO IMPROVE in the foster care system for an average of 19 States; THE LIVES OF CHILDREN IN THE months; Whereas, in 2019, there were more than Whereas 34 percent of children in foster 55,030,278 individuals who were 65 years of FOSTER CARE SYSTEM care experience more than 2 placements age or older in the United States, and those Mr. GRASSLEY (for himself, Ms. while in foster care, which often leads to dis- individuals accounted for 16.7 percent of the STABENOW, Mr. JONES, Mr. LANKFORD, ruption of routines and the need to change total population of the United States; Mr. KAINE, Mr. KING, Mr. VAN HOLLEN, schools and move away from siblings, ex- Whereas approximately 10,000 individuals tended families, and familiar surroundings; Mr. ROBERTS, Mr. BLUMENTHAL, Mr. in the United States turn 65 years of age Whereas youth in foster care are much each day; TILLIS, Ms. KLOBUCHAR, Mr. BLUNT, Mr. more likely to face educational instability, Whereas, in 2019, more than 9,056,000 vet- BROWN, Mr. BOOZMAN, Mr. SULLIVAN, with 1 study showing that 75 percent of fos- erans of the Armed Forces were 65 years of Mr. SCOTT of South Carolina, Mr. ter youth experienced an unscheduled school age or older; WICKER, Ms. HARRIS, Mr. CASEY, Mr. change during a school year, compared to 21 Whereas older individuals in the United CASSIDY, Mr. WYDEN, Ms. SINEMA, Mr. percent of youth not in foster care; States rely on Federal programs, such as YOUNG, Mr. INHOFE, Mrs. FEINSTEIN, Whereas children entering foster care often programs under the Social Security Act (42 Mr. MANCHIN, Ms. ERNST, and Mr. ENZI) confront the widespread misperception that U.S.C. 301 et seq.), including the Medicare submitted the following resolution; children in foster care are disruptive, unruly, program under title XVIII of that Act (42 and dangerous, even though placement in U.S.C. 1395 et seq.) and the Medicaid program which was considered and agreed to: foster care is based on the actions of a par- under title XIX of that Act (42 U.S.C. 1396 et S. RES. 598 ent or guardian, not the child; seq.), for financial security and high-quality Whereas National Foster Care Month was Whereas 30 percent of children in foster affordable health care; established more than 30 years ago to— care are taking at least 1 antipsychotic Whereas the Older Americans Act of 1965 (1) bring foster care issues to the forefront; medication, and 34 percent of those children (42 U.S.C. 3001 et seq.) provides— (2) highlight the importance of perma- are not receiving adequate treatment plan- (1) supportive services to help individuals nency for every child; and ning or medication monitoring; in the United States who are 60 years of age (3) recognize the essential role that foster Whereas, due to heavy caseloads and lim- or older maintain maximum independence in parents, social workers, and advocates have ited resources, the average turnover rate for the homes and communities of those individ- in the lives of children in foster care child welfare workers is 30 percent; uals; and throughout the United States; Whereas States, localities, and commu- (2) funding for programs, including nutri- Whereas all children deserve a safe, loving, nities should be encouraged to invest re- tion services, transportation, and care man- and permanent home; sources in preventative and reunification agement, to assist more than 10,798,199 older Whereas the primary goal of the foster services and postpermanency programs to individuals in the United States each year; care system is to ensure the safety and well- ensure that more children in foster care are

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.040 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2608 CONGRESSIONAL RECORD — SENATE May 21, 2020 provided with safe, loving, and permanent SENATE RESOLUTION 599—HON- SENATE RESOLUTION 600—RECOG- placements; ORING THE LIFE AND LEGACY NIZING WIDENING THREATS TO Whereas, in 2018, Congress passed the Fam- OF JUDGE LEE ROY WEST FREEDOM OF THE PRESS AND ily First Prevention Services Act (Public EXPRESSION AROUND THE Law 115–123; 132 Stat. 232), which provided Mr. LANKFORD (for himself and Mr. new investments in prevention and family WORLD, REAFFIRMING THE CEN- reunification services to help more families INHOFE) submitted the following reso- TRALITY OF A FREE AND INDE- stay together and ensure that more children lution; which was considered and PENDENT PRESS TO THE are in safe, loving, and permanent homes; agreed to: HEALTH OF FREE SOCIETIES Whereas Federal legislation over the past 3 AND DEMOCRACIES , AND RE- S. RES. 599 decades, including the Adoption Assistance AFFIRMING FREEDOM OF THE and Child Welfare Act of 1980 (Public Law 96– Whereas Judge Lee Roy West was born in PRESS AS A PRIORITY OF THE 272; 94 Stat. 500), the Adoption and Safe Fam- Clayton, Oklahoma, on November 26, 1929, UNITED STATES IN PROMOTING ilies Act of 1997 (Public Law 105–89; 111 Stat. and died on April 24, 2020, in Muskogee, Okla- DEMOCRACY, HUMAN RIGHTS, 2115), the Fostering Connections to Success homa; and Increasing Adoptions Act of 2008 (Public Whereas Judge Lee Roy West was the AND GOOD GOVERNANCE IN COM- Law 110–351; 122 Stat. 3949), the Child and youngest of 4 children in a family he called MEMORATION OF WORLD PRESS Family Services Improvement and Innova- ‘‘too poor to paint and too proud to white- FREEDOM DAY ON MAY 3, 2020 tion Act (Public Law 112–34; 125 Stat. 369), wash’’; Mr. MENENDEZ (for himself, Mr. and the Preventing Sex Trafficking and Whereas Judge Lee Roy West graduated Strengthening Families Act (Public Law 113– RUBIO, Mr. CARDIN, Mr. TILLIS, Mr. from Antlers High School in 1948 and hitch- 183; 128 Stat. 1919), provided new investments KAINE, Mr. BOOZMAN, Mr. COONS, Mr. hiked to Norman, Oklahoma, to attend the and services to improve the outcomes of CORNYN, Mr. MARKEY, Mrs. BLACKBURN, University of Oklahoma; children in the foster care system; Mr. MERKLEY, Ms. COLLINS, and Mr. Whereas Judge Lee Roy West received a Whereas May 2020 is an appropriate month CASEY) submitted the following resolu- to designate as National Foster Care Month bachelor of arts degree from the University of Oklahoma in 1952; tion; which was referred to the Com- to provide an opportunity to acknowledge mittee on Foreign Relations: the accomplishments of the child welfare Whereas Judge Lee Roy West graduated workforce, foster parents, the advocacy com- from Harvard Law School with a juris doctor S. RES. 600 munity, and mentors for their dedication in 1956 and later earned a master of laws Whereas Article 19 of the Universal Dec- and accomplishments and the positive im- from Harvard Law School in 1963; laration of Human Rights, adopted in Paris pact they have on the lives of children; and Whereas Judge Lee Roy West served the December 10, 1948, states, ‘‘Everyone has the Whereas much remains to be done to en- United States with the 3rd Marine Division right to freedom of opinion and expression; sure that all children have a safe, loving, in Japan and the 1st Marine Division in this right includes freedom to hold opinions nurturing, and permanent family, regardless Korea; without interference and to seek, receive and of age or special needs: Now, therefore, be it Whereas Judge Lee Roy West practiced impart information and ideas through any Resolved, That the Senate— law— media and regardless of frontiers.’’; Whereas, in 1993, the United Nations Gen- (1) supports the designation of National (1) in Ada, Oklahoma, from 1956 to 1961 and Foster Care Month; eral Assembly proclaimed May 3rd of each from 1963 to 1965; and (2) recognizes National Foster Care Month year as ‘‘World Press Freedom Day’’— as an opportunity to raise awareness about (2) in Tulsa, Oklahoma, from 1978 to 1979; (1) to celebrate the fundamental principles the challenges that children face in the fos- Whereas Judge Lee Roy West taught law at of freedom of the press; ter care system; the University of Oklahoma College of Law (2) to evaluate freedom of the press around (3) encourages Congress to implement poli- from 1961 to 1962 and was a Ford Foundation the world; cies to improve the lives of children in the fellow at Harvard Law School from 1962 to (3) to defend the media against attacks on foster care system; 1963; its independence; and (4) acknowledges the unique needs of chil- Whereas Governor Henry Bellmon ap- (4) to pay tribute to journalists who have lost their lives while working in their profes- dren in the foster care system; pointed Judge Lee Roy West to serve as a sion; (5) recognizes foster youth throughout the State court judge for the 22nd Judicial Dis- United States for their ongoing tenacity, trict of Oklahoma, where he served from 1965 Whereas, on December 18, 2013, the United courage, and resilience while facing life chal- to 1973; Nations General Assembly adopted Resolu- lenges; Whereas, in 1973, President Richard Nixon tion 68/163, regarding the safety of journal- (6) acknowledges the exceptional alumni of ists and the issue of impunity for crimes appointed Judge Lee Roy West to the Civil the foster care system who serve as advo- against journalists, which unequivocally Aeronautics Board in Washington, D.C.; cates and role models for youth who remain condemns all attacks on, and violence Whereas, on September 28, 1979, President in foster care; against, journalists and media workers, in- (7) honors the commitment and dedication Jimmy Carter nominated Judge Lee Roy cluding torture, extrajudicial killing, en- of the individuals who work tirelessly to pro- West to serve on the United States District forced disappearance, arbitrary detention, vide assistance and services to children in Court for the Western District of Oklahoma; and intimidation and harassment in conflict the foster care system; Whereas the Senate confirmed the nomina- and nonconflict situations; (8) supports the designation of May 31, 2020, tion of Judge Lee Roy West on October 31, Whereas Thomas Jefferson, who recognized as National Foster Parent Appreciation Day; 1979; the importance of the press in a constitu- (9) recognizes National Foster Parent Ap- Whereas Judge Lee Roy West served as tional republic, wisely declared, ‘‘were it left preciation Day as an opportunity— chief justice of the United States District to me to decide whether we should have a (A) to recognize the efforts of foster par- Court for the Western District of Oklahoma government without newspapers, or news- ents to provide safe and loving care for chil- from 1993 to 1994; papers without a government, I should not dren in need; and Whereas Judge Lee Roy West served on the hesitate a moment to prefer the latter.’’; (B) to raise awareness about the increasing Federal bench in Oklahoma City for nearly Whereas the First Amendment to the need for foster parents to serve in their com- 40 years; and United States Constitution and various munities; and Whereas Judge Lee Roy West was inducted State constitutions protect freedom of the (10) reaffirms the need to continue working into— press in the United States; to improve the outcomes of all children in Whereas the Daniel Pearl Freedom of the the foster care system through parts B and E (1) the Field Trial Hall of Fame in Grand Press Act of 2009 (Public Law 111–166; 22 of title IV of the Social Security Act (42 Junction, Tennessee in 2004; and U.S.C. 2151 note), which was passed by unani- U.S.C. 601 et seq.) and other programs de- (2) the Oklahoma Hall of Fame in 2012: mous consent in the Senate and signed into signed to— Now, therefore, be it law by President Barack Obama in 2010, ex- (A) support vulnerable families; panded the examination of the freedom of (B) invest in prevention and reunification Resolved, That the Senate honors— the press around the world in the annual services; (1) the life and legacy of Judge Lee Roy Country Reports on Human Rights Practices of (C) promote adoption in cases where reuni- West; and the Department of State; fication is not in the best interests of the (2) the commitment of Judge Lee Roy West Whereas a vigilant commitment to free- child; to his family, the law, Oklahoma, and the dom of the press is especially necessary in (D) adequately serve children brought into United States. the wake of the COVID–19 pandemic— the foster care system; and (1) as governments around the world are (E) facilitate the successful transition into using emergency laws to restrict access to adulthood for children that ‘‘age out’’ of the information, impose press restrictions, and foster care system. suppress free speech; and

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.038 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2609 (2) as journalists around the world are and the Government of Turkey closed down under the First Amendment to the Constitu- being censored and imprisoned for their re- more than 100 news outlets during 2019; tion of the United States; porting on the virus; Whereas in Egypt, prominent blogger and (ii) to improve the rapid identification, Whereas in China, Chen Qiushi was dis- activist Alaa Abdelfattah was rearrested in publication, and response by the United appeared after reporting on the Government September 2019, human rights activist and States Government to threats against free- of the People’s Republic of China’s COVID–19 journalist Esraa Abdel Fattah was rearrested dom of the press around the world; response in February 2020, Xu Zhiyong was in October 2019, and Guardian reporter Ruth (iii) to urge foreign governments to protect reportedly detained in February 2020 during Michaelson’s press credentials were with- the free flow of information and to trans- a COVID–19 prevention check after criti- drawn for questioning official COVID–19 fig- parently investigate and bring to justice the cizing Chinese authorities, and reporters ures on March 16, 2020; perpetrators of attacks against journalists; from The New York Times, Wall Street Jour- Whereas American journalist Austin Tice and nal, The Washington Post, Voice of America, has been detained in Syria since August 14, (iv) to promote the respect and protection and Time were expelled in March 2020; 2012; of freedom of the press around the world. Whereas authorities in numerous coun- Whereas female journalists and writers in f tries, including Russia, Iran, Cuba, Burma Saudi Arabia face harsh personal con- (Myanmar), and Venezuela have— sequences for their work, and Zana Al-Shari AUTHORITY FOR COMMITTEES TO (1) restricted journalist movement; of the daily Al-Riyadh, Maha al-Rafidi al- MEET (2) hindered access to information; Qahtani of the daily Al-Watan, and recipients (3) removed content; and of the 2019 PEN/Barbey Freedom to Write Mr. HOEVEN. Mr. President, I have 3 (4) threatened, harassed, attacked, and ar- Award Nouf Abdulaziz, Loujain Al-Hathloul, requests for committees to meet during rested journalists for their reporting on the and Eman Al-Nafjan remain missing, impris- today’s session of the Senate. They COVID–19 pandemic; oned, or on trial due to their writing and have the approval of the Majority and Whereas, even prior to the COVID–19 pan- outspoken women’s rights advocacy; demic, freedom of the press remained under Minority leaders. Whereas the Senate has concluded that Pursuant to rule XXVI, paragraph considerable pressure throughout the world; Washington Post journalist and United Whereas Reporters Without Borders found States resident Jamal Khashoggi was mur- 5(a), of the Standing Rules of the Sen- that, as of April 20, 2020, at least 229 journal- dered by a team of Saudi operatives at the ate, the following committees are au- ists, 116 citizen journalists, and 14 media as- behest of Crown Prince Mohammed Bin thorized to meet during today’s session sistants were imprisoned worldwide; Salman; of the Senate: Whereas according to the Committee to Whereas, under the auspices of the United Protect Journalists, at least 25 journalists COMMITTEE ON FOREIGN RELATIONS States Agency for Global Media, the United The Committee on Foreign Relations were killed around the world for their work States Government provides financial assist- in 2019; ance to several editorially independent is authorized to meet during the ses- Whereas Freedom House’s publication media outlets, including Voice of America, sion of the Senate on Thursday, May ‘‘Freedom in the World 2020’’ noted that Radio Free Europe/Radio Liberty, Radio 21, 2020, at 10:30 a.m., to conduct a global freedom of expression has declined Free Asia, Radio, the Office of Cuba Broad- hearing. every year for the past 14 years; casting, and the Middle East Broadcast Net- COMMITTEE ON THE JUDICIARY Whereas, according to the Committee to works— Protect Journalists, the world’s most (1) which report and broadcast news, infor- The Committee on the Judiciary is censored countries include Eritrea, North mation, and analysis in critical regions authorized to meet during the session Korea, Turkmenistan, Saudi Arabia, China, around the world; and of the Senate on Thursday, May 21, Vietnam, Iran, Equatorial Guinea, Belarus, (2) whose journalists regularly face harass- 2020, at 2:30 p.m., to conduct a hearing and Cuba; ment, fines, and imprisonment for their on the nomination of Justin R. Walker, Whereas the Government of the Phil- work; and to be U.S. Circuit Judge for District of ippines has waged a campaign of judicial Whereas freedom of the press is a key ele- Columbia Circuit. harassment against a variety of independent ment of public transparency, civil society press outlets, including the news website participation, socioeconomic development, SPECIAL COMMITTEE ON AGING Rappler and its editor, Maria Ressa, who has and democratic governance: Now, therefore, The Special Committee on Aging is been arrested twice; be it authorized to meet during the session Whereas in Russia, Crimean Tatar free- Resolved, That the Senate— of the Senate on Thursday, May 21, lance journalist Nariman Memedeminov was (1) declares that a free press— 2020, at 9:30 a.m., to conduct a hearing. sentenced to 30 months in prison for report- (A) is a central component of free soci- ing on human rights violations by Russian eties, democratic governance, and contrib- f authorities in Crimea; utes to an informed civil society, and gov- UNITED STATES FOREIGN Whereas in Cuba, the Committee to Pro- ernment accountability; SERVICE DAY tect Journalists and Amnesty International (B) helps expose corruption, and enhances have written to the Cuban authorities to re- public accountability and transparency of Mr. MCCONNELL. Mr. President, I quest the immediate release of journalist governments at all levels; and ask unanimous consent that the Judi- Roberto Quin˜ ones, who has been imprisoned (C) disseminates information essential to ciary Committee be discharged from since September 2019; improving public health and safety; further consideration and the Senate Whereas in Venezuela, freelance journalist (2) condemns threats to freedom of the now proceed to S. Res 556. Darvinson Rojas has been detained since press and free expression around the world; March 21, 2020, for reporting on presumed and The PRESIDING OFFICER. Without COVID–19 cases that were unacknowledged (3) in remembrance of journalists who have objection, it is so ordered. by the Government of Venezuela; lost their lives carrying out their vital The clerk will report. Whereas in Mexico, Quinto Poder de work— The senior assistant legislative clerk Veracruz founder Marı´a Elena Ferral, El (A) calls on governments abroad to imple- read as follows: Graffico reporter Jorge Celestino Ruiz ment United Nations General Assembly Res- A resolution (S. Res. 556) designating May ´ Vazquez, and journalists Nevith Condes olution 68/163 (2013) by thoroughly inves- 1, 2020, as the ‘‘United States Foreign Serv- ´ ´ Jaramilla, Rogelio Barragan Perez, and tigating and seeking to resolve outstanding ice Day’’ in recognition of the men and Norma Sarabia were all murdered between cases of violence against journalists, includ- women who have served, or are presently June 2019 and March 2020; ing murders and kidnappings, while ensuring serving, in the Foreign Service of the United Whereas in Niger, independent journalist the protection of witnesses; States, and honoring the members of the Kaka Touda Mamane Goni was arrested on (B) condemns all actions around the world Foreign Service who have given their lives in March 5, 2020, and faces up to 3 years in pris- that suppress freedom of the press; the line of duty. on for publishing news reports on social (C) calls for the unconditional and imme- media about potential COVID–19 cases; diate release of all imprisoned journalists; There being no objection, the com- Whereas in Burundi, Iwacu journalists (D) reaffirms the centrality of freedom of mittee was discharged and the Senate Christine Kamikazi, Agne`s Ndirubusa, Egide the press to efforts of the United States Gov- proceeded to consider the resolution. Harerimana, and Te´rence Mpozenzi were con- ernment to support democracy, mitigate Mr. MCCONNELL. Mr. President, I victed on charges of attempting to under- conflict, and promote good governance do- ask unanimous consent that the reso- mine state security and sentenced to 21⁄2 mestically and around the world; and lution be agreed to, the preamble be years in prison; (E) calls upon the President and the Sec- agreed to, and the motions to recon- Whereas in Tanzania, journalist Azory retary of State— Gwanda has been missing since November (i) to preserve and build upon the leader- sider be considered made and laid upon 2017; ship of the United States on issues relating the table. Whereas Turkey remains 1of the top jailers to freedom of the press, on the basis of the The PRESIDING OFFICER. Without of independent journalists around the world, protections afforded the American people objection, it is so ordered.

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\A21MY6.041 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2610 CONGRESSIONAL RECORD — SENATE May 21, 2020 The resolution (S. Res. 556) was I further ask unanimous consent that many parts of the great State of Alas- agreed to. when the Senate adjourns on Thursday, ka’s economy—the energy sector, tour- The preamble was agreed to. May 28, it next convene at 3 p.m. Mon- ism sector, fishery sector. We will get (The resolution, with its preamble, is day, June 1, and that following the through this stronger and more resil- printed in the RECORD of May 4, 2020, prayer and pledge, the morning hour be ient, but it is a challenging time. under ‘‘Submitted Resolutions.’’) deemed expired, the Journal of pro- As you know, Memorial Day weekend f ceedings be approved to date, the time commemorates many virtues in our for the two leaders be reserved for their Nation: service, selflessness, and, of RESOLUTIONS SUBMITTED TODAY use later in the day, and morning busi- course, sacrifice. But Memorial Day Mr. MCCONNELL. Mr. President, I ness be closed; further, upon the clos- also commemorates and inspires hope. ask unanimous consent that the Sen- ing of morning business, the Senate I know hope can be a bit hard to come ate now proceed to the en bloc consid- proceed to executive session to resume by during these challenging times, but eration of the following Senate resolu- consideration of the Tipton nomina- I don’t think we have to go very far to tions, which were submitted earlier tion; further, that at 5:30 p.m., the Sen- see signs of hope. today: S. Res. 597 through S. Res. 599. ate resume consideration of the In our great Nation and in my great There being no objection, the Senate Badalamenti nomination under the State, hope is in the faces of those we proceeded to consider the resolutions previous order; finally, notwith- love. In Alaska, it is in our mountains en bloc. standing the provisions of rule XXII, and our glaciers and our clear waters. Mr. MCCONNELL. Mr. President, I Monday, June 1, count as the inter- It is also woven into the fabric of our know of no further debate on the reso- vening day with respect to cloture mo- country and the soul of our Nation. It lutions. tions filed during today’s session of the is at the very heart of who we are, and The PRESIDING OFFICER. Is there Senate. it has been so throughout our history, further debate? The PRESIDING OFFICER. Without often manifesting itself in the battles Hearing none, the question is on objection, it is so ordered. that have shaped our Nation over dec- agreeing to the resolutions, en bloc. f ades and over centuries that define so The resolutions were agreed to. much of the American character and Mr. MCCONNELL. I ask unanimous ORDER FOR ADJOURNMENT the people who fought those battles consent that the preambles be agreed Mr. MCCONNELL. Mr. President, if and died defending their Nation whom to and that the motions to reconsider there is no further business to come be- we commemorate this weekend. Hope be considered made and laid upon the fore the Senate, I ask unanimous con- is what Sharon Long and other Gold table, all en bloc. sent that it stand adjourned under the Star mothers throughout our State and The PRESIDING OFFICER. Without previous order, following the remarks Nation who have lost a child while de- objection, it is so ordered. of Senator SULLIVAN. fending America have to offer us. The preambles were agreed to. The PRESIDING OFFICER. Without So let me tell you about Sharon’s (The resolutions, with their pre- objection, it is so ordered. story and about her son, Marine Corps ambles, are printed in today’s RECORD The PRESIDING OFFICER. The Sen- LCpl Grant Fraser, who gave his life under ‘‘Submitted Resolutions.’’) ator from Alaska. for this Nation. From Seattle, Sharon f f moved to our State to live with her aunt and uncle when she was just 16 MEASURES READ THE FIRST TRIBUTE TO SHARON LONG TIME—S. 3833 AND H.R. 6800 years old. She graduated from West Mr. SULLIVAN. Mr. President, it is High School in Anchorage, studied po- Mr. MCCONNELL. Mr. President, I Thursday, one of my favorite times of litical science at Alaska Methodist understand there are two bills at the the week, because it is the time I get University, which is now Alaska Pa- desk, and I ask for their first reading to come to the Senate floor and recog- cific University, and embraced the en bloc. nize an extraordinary Alaskan whom great State of Alaska with everything The PRESIDING OFFICER. The we refer to as the Alaskan of the Week. clerk will read the bills by title for the she had. Now, Memorial Day is fast approach- It was a heady and exciting time in first time en bloc. ing. It is certainly one of the most sa- Alaska. Prudhoe Bay Oil Field on the The senior assistant legislative clerk cred days in our Nation throughout the North Slope was just discovered—the read as follows: year. For this week’s Alaskan of the biggest oilfield in North America. This A bill (S. 3833) to extend the loan forgive- Week, Sharon Long, it is a day that is is the late 1960s, early 1970s. The Alas- ness period for the paycheck protection pro- a particularly profound day. gram, and for other purposes. ka Native Claims Settlement Act, one A bill (H.R. 6800) making emergency sup- Sharon Long is a Gold Star mother of the biggest land claims acts in U.S. plemental emergency appropriations for the who lives in Anchorage, and she re- history, was being debated and then fiscal year ending September 30, 2020, and for members her son, Grant Fraser, every passed right here on the floor of the other purposes. day of the year. For her and her family U.S. Senate. Mr. MCCONNELL. Mr. President, I and for so many people who knew Sharon said: Alaska was a wide open now ask for a second reading, and I ob- Grant and who served with Grant, Me- place that wanted the energy of my ject to my own request, all en bloc. morial Day is a day when his memory generation. She got to work. She The PRESIDING OFFICER. The ob- is particularly honored. worked at the Department of Natural jection having been heard, the bills Before I get into Sharon Long’s Resources, an agency that I had the will receive their second reading on the story, as well as the remarkable story honor of being the former commis- next legislative day. of her son Grant, let me talk a little sioner of. She worked for the Joint f bit about what is going on in Alaska Federal-State Land Use Planning Com- right now as we, in our country, con- mission for Alaska, inventorying the ORDERS FOR FRIDAY, MAY 22, 2020, tinue to face the challenges of this pan- abundant world-class natural resources THROUGH MONDAY, JUNE 1, 2020. demic. we have in our State. Mr. MCCONNELL. Mr. President, I We are doing pretty well in our Then she and a girlfriend traveled ask unanimous consent that when the State, medically, certainly. Things the world for a year and landed at the Senate completes its business today, it could, of course, change quickly. We end of her tour in DC. She was young, adjourn to then convene for pro forma remain vigilant as a State, but the broke, on a friend’s couch, and she sessions only, with no business being number of people infected by the virus came here and asked for and got a job conducted on the following dates and is very low. Businesses are starting to with former Alaska U.S. Senator Mike times, and that following each pro reopen. Life, by no means, is back to Gravel. Some might remember Senator forma session, the Senate adjourn until normal, and there is much that we are Gravel here in the Senate. She worked the next pro forma session: Friday, going to need to do to recover from on natural resource issues for him. May 22, 9 a.m.; Tuesday, May 26, 9:30 this virus and pandemic, which has Eventually, she made her way back a.m.; Thursday, May 28, 11 a.m. very, very negatively impacted so home to Alaska and met her husband,

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.055 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2611 an Air Force anesthesiologist, James U.S. marines from all across America The lives of hundreds of thousands of Fraser, who made his way into private came to that service to say goodbye to America’s sons and daughters have practice. Sharon helped run the office, their friend. I was there, and when I been lost in fighting for our great Na- and they had two wonderful children, got there, I was honored to see many tion, and on Memorial Day, they are in Grant and Victoria. marines. One, in particular, came to the hearts of all Americans. They are So who is Grant Fraser? Her son. He the funeral early and stayed till the in the hearts of all Alaskans. They are was popular at Service High School in very end. The Chairman of the Joint in the hearts of all Gold Star families, Anchorage, where he graduated. He was Chiefs, General Dunford, attended in and they are in the hearts of Sharon an actor who loved the works of Homer his dress blues out of respect for this Long and her family. and Shakespeare. He was a mountain young Marine Corps lance corporal. Like Gold Star mothers all across biker, a skier, a pianist, a scuba diver, He later told me that when he read the country and in our great State, a rock climber, and a tennis player. He about what happened with Grant, he Sharon was fiercely determined to ad- was lighthearted and mischievous, and couldn’t sleep. He wanted to be at the vocate for her son. She sacrificed much according to his marine brothers, the funeral to honor Grant’s sacrifice and but never gave up, and neither will we only thing that could really rile him up that of his family, especially his moth- ever give up on them, on him, or their was when they talked about his sister er Sharon. General Dunford stayed memory, which we commemorate this the way in which sometimes marines, after most others had left to talk to weekend. unfortunately, have the habit of doing. Sharon Long, Grant’s mother, and his Sharon Long’s actions recalled the He was a fiercely loyal brother. You Marine Corps brothers. ‘‘I don’t live Memorial Day words of President could not joke about his sister Vic- very far from here,’’ the General told Reagan in 1985 after placing a wreath toria, who, by the way, now is a profes- Sharon. ‘‘I will be checking in on Grant on the Tomb of the Unknown Soldier, a sional soprano singer who has per- from time to time.’’ place that is not far from Grant Fra- formed all over the world. Now, I have been to a lot of funerals ser’s eternal resting place. As Presi- So Sharon and her husband James as- in my Marine Corps career, but this dent Reagan said: sumed that Grant would become an was the most moving funeral I have If words cannot repay the debt we owe athlete, maybe, or a scholar. He was a ever attended. It was not because of these men [and women], surely with our ac- very, very smart young man. But the presence of a four-star general and tions we must strive to keep faith with them shortly after 9/11, like so many patri- Chairman of the Joint Chiefs, General and with the vision that led them to battle otic young Americans across our Na- Dunford, the most powerful U.S. mili- and final sacrifice. tion, he surprised his family and his tary officer in America—in the world, Our first obligation to them and ourselves friends when he announced he was join- really—and not because of the ser- is plain enough: The United States and the freedom for which it stands, the freedom for ing the marines. ‘‘No, no, no, no,’’ endipitous presence of the Marine cap- which they died, must endure and prosper. Sharon told her son. ‘‘That isn’t the tain in charge of the Arlington burial Their lives remind us that freedom is not plan. You are going to school now.’’ honor guard, whose twin brother was bought cheaply. It has a cost; it imposes a He told his mom: ‘‘Mom, this isn’t one of the fallen marines whom Grant burden. And just as they whom we com- my scholarly time of life. I am ready to Fraser had been sent to avenge the day memorate were willing to sacrifice so much, serve and fight for my country, if need he was killed 11 years earlier. It was so so too must we—in a less final, less heroic be.’’ moving on that day because, on that way—be willing to give of ourselves [for our He knew he would thrive in the Ma- day, rank didn’t matter, and medals Nation]. rines, and he did. He planned on com- didn’t matter. That day we were all Thank you, Sharon Long, for your ing back home in Anchorage to work as just Americans grieving the loss of one brave sacrifice, for your dignified de- a paramedic with the fire department. of our own: mischievous, smart, Marine termination, and for your hope, which Grant and I briefly overlapped in the Corps LCpl Grant Fraser, an actor, an gives us hope. As we head into another Marine Corps unit. We both served in Alaskan, a brother, a son. It was so sacred Memorial Day weekend, thank Alaska, Echo Company, 4th Reconnais- moving because of the dignity, grace, you for being our Alaskan of the Week. sance Battalion, which was later de- and beautiful determination exhibited f ployed to Iraq in 2005. by Sharon Long, who epitomizes the DUE PROCESS PROTECTIONS ACT On August 3, 2005, in Anbar Province, love, suffering, and quiet sacrifice of so Iraq, Grant was on a mission, Oper- many Gold Star mothers across our Mr. SULLIVAN. Mr. President, I will ation Quick Strike, to avenge the kill- country, especially this weekend. speak now about the Due Process Pro- ing of his fellow marines that had hap- Sharon stays in touch with Grant’s tections Act, which was sponsored by pened just a few days earlier. He was Marine Corps brothers. They call her myself and Senator DURBIN from Illi- riding in an AmTrac vehicle on an at- on Mother’s Day. They send her flow- nois and which passed the U.S. Senate tack into the city, hit a massive impro- ers, invite her to their weddings and to last night unanimously. I thank my vised explosive device, and was 22 years their kids’ birthday parties. Two of colleagues for their support for this old when he made the ultimate sac- them showed up at their family home simple but important bill. rifice for our Nation. when Sharon’s daughter, Victoria, In fact, the Due Process Protections Now, I love our military, but let’s whom we already talked about, and her Act is so simple that it really probably face it; sometimes it can be bureau- date were headed to prom. They needed shouldn’t be necessary, but believe me, cratic and boneheaded. It took 11 years to make sure Grant would have ap- it is necessary. Unfortunately, it is and tenacious work on the part of proved of Victoria’s date. I am sure necessary. I was pleased that this body Grant’s amazing mother Sharon to fi- Victoria appreciated that. passed it last night. nally get her son an appropriate burial Grant would have been in the same Let me explain. The due process across the street at Arlington. place in life as these young men are clause of the U.S. Constitution, as in- Just 2 days before the funeral, I was now. As one of them said to Sharon: I terpreted by the U.S. Supreme Court in sitting next to Gen. Joe Dunford, the came back home from Iraq to live the the landmark decision, Brady v. Mary- Marine Corps Chairman of the Joint life Grant couldn’t. land, requires that prosecutors turn Chiefs of Staff, at a dinner. I told Gen- Sharon is proud of all the men and over all material evidence favorable to eral Dunford about Grant’s heroism women who have served, who served the defense. That is what a fair trial is and about Sharon Long’s heroic perse- with Grant and continue to serve. She about. If the prosecutor has excul- verance to get her son appropriately understands their calling. She under- patory evidence, as we call it, you need honored with a burial at Arlington. stands their camaraderie. These incred- to make sure the defense has it. This is On an overcast day, September 30, ible warriors in our Nation give her such a bedrock element of our criminal 2016, Grant Fraser was put to rest hope. justice system and constitutional due among his brothers and sisters, our Na- With men and women like these, process that the name of this kind of tion’s heroes, whom we honor this Sharon said: ‘‘How can you not be evidence is simply now called ‘‘Brady weekend at Arlington National Ceme- proud of this country? How can you not evidence’’ after the case Brady v. tery. Family, friends, and especially be optimistic about this country?’’ Maryland.

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\G21MY6.056 S21MYPT1 dlhill on DSK120RN23PROD with SENATE S2612 CONGRESSIONAL RECORD — SENATE May 21, 2020 Now, the vast majority of Federal sexual relationship with an underage have to issue instructions on Brady prosecutors—and, by the way, FBI woman whom he had asked to lie about evidence. agents—who work in our criminal jus- the relationship. And to this day—to Well, today, Congress is beginning to tice system are patriots. Many are vet- this very day—there are still questions change all of this. My bill, which erans, and they work day in and day about whether the Federal Government passed last night unanimously—the out to keep us safe and abide by their offered that star witness, in exchange Due Process Protections Act—codifies constitutional duties and obligations. for his testimony, leniency on not pros- this practice and requires it of every They do turn Brady evidence over to ecuting him for violating the Mann Federal judge nationwide by amending the defense, as they are required to do Act. There are still questions to this rule 5 of the Federal Rules of Criminal by the Constitution. day. Procedure to require that a judge The sad fact is, some prosecutors The special prosecutor that the dis- ‘‘issue an oral or written order to pros- don’t do this. Some choose instead to trict judge appointed to investigate the ecution and defense counsel that con- win at all costs by taking shortcuts— prosecutorial misconduct in the Ste- firms the disclosure obligation of the not justice, but shortcuts. And when I vens case found that the Justice De- prosecutor under Brady v. Maryland say shortcuts, I am talking about vio- partment lawyers had committed ‘‘de- . . . and its progeny’’—that is quoting lating a defendant’s constitutional liberate and ‘systematic’ ethical viola- from my bill—at the beginning of every rights. The prevalence of these viola- tions by withholding critical evidence criminal case. tions is not easy to quantify—these pointing to Senator Stevens’ inno- Brady violations, as we call them. cence.’’ That is the Justice Department Our bill allows each judicial district One study—and I am not vouching for special prosecutor determining just flexibility to promulgate their own the accuracy, and this was a study how corrupt the Justice Department model rule, but they have to do it. Con- called the National Registry of Exon- was in prosecuting and convicting Ted gress is telling them they have to do it, erations—stated that from 1989 to 2017, Stevens. so they will do it. prosecutors concealed exculpatory evi- Yet the special prosecutor, who in- Having this standing order in place dence at trial in half of all murder ex- vestigated all of this also, found that will explicitly remind the prosecution onerations. If that statistic is even re- the district court judge was powerless motely true, it is outrageous and needs to act against the wrongdoers—the cor- of their obligations—making it a pri- to stop. rupt prosecutors—because the district ority to protect the due process of all Such potential Brady violations court had not issued a direct, written Americans, including defendants—and have, once again, been in the news with court order at the beginning of the it will provide for quicker recourse the prosecution of former National Se- trial, requiring the prosecutors to upon discovering any Brady violations curity Advisor Michael Flynn—GEN abide by their ethical and constitu- that occur. Michael Flynn. There are all kinds of tional obligations as laid out in Brady We obviously can’t undo what hap- articles now out there. I recently wrote v. Maryland. pened to the late, great Senator Ste- the head of the FBI on this very issue It is a bit remarkable because every vens, nor can we undo all the harm it about the potential Brady violations law student knows you learn Brady v. caused to my State, my constituents, by Federal prosecutors that appear to Maryland the first year of law school. and, really, the people across America have taken place in this prosecution. But somehow these prosecutors across who have also been victims of these What that has done in my State is that the street over at the Justice Depart- kinds of violations because it under- it has opened old wounds—old ment forgot about it, and they were mines trust in our system of justice. wounds—and difficult memories. going to be punished. But the system of My colleagues here—every single one justice said that you couldn’t punish But going forward, we can work to of them—remember the late, great them because they didn’t know because stem the corrosive effects to our de- Senator Ted Stevens of Alaska. As a the judge didn’t tell them. mocracy when prosecutors don’t abide matter of fact, his portrait is right off Again, I am not sure we even need a by their constitutional obligations. We of the Senate floor, an incredible new law to deal with this, but, as I said, un- can work to ensure our system of jus- portrait that we just put there re- fortunately, we do. tice—the foundation of American de- cently. He was charged by Federal As you can imagine, it was mad- mocracy—is stronger and fairer for all, prosecutors with making false state- dening to the people of Alaska that and that is what the Due Process Pro- ments and was convicted prior to his those who violated Senator Stevens’ tections Act will do. reelection, which he lost because of the constitutional rights—and, by the way, I want to thank chairman of the Ju- conviction by prosecutors. forever changed the political land- diciary Committee, LINDSEY GRAHAM, Not long after the conviction, it scape, not just in Alaska but in Amer- for helping to facilitate this bill’s pas- started to become apparent that there ica; don’t get me going about what sage; my colleague Senator DURBIN, was prosecutorial misconduct in that happened there—these prosecutors who was my original cosponsor of this very high-profile case, so the trial couldn’t even be held accountable and judge in that case appointed a special were not held accountable because they bill; and the other cosponsors: Senators prosecutor to investigate this. There weren’t instructed by the district court LEE from Utah, BOOKER from New Jer- was a report that came out in 2012 by about the Brady evidence requirements sey, CORNYN from Texas, WHITEHOUSE the Justice Department, by the special that they learned in law school in their from Rhode Island, and PAUL from Ken- prosecutor, that was highly critical of first year. tucky. I say to the Presiding Officer, the prosecutors’ and the FBI’s conduct. So in response to the Stevens case you know those Senators. That is In particular, they withheld all kinds and due to growing concerns about the about as broad a political array in of Brady evidence. unfortunate frequency of Brady evi- terms of the political spectrum in Just 6 months after Senator Stevens’ dence violations by prosecutors, a America and the U.S. Senate—Demo- conviction, it was revealed that Fed- number of Federal district judges crats and Republicans who believe in eral prosecutors had concealed numer- began issuing specific local rules or this issue, and that is why I think it is ous pieces of evidence that very likely standing orders that explicitly remind so important. could have resulted in his acquittal. prosecutors of what they learned their Our system of justice will be fairer Among the more egregious examples— first year of law school, which is that once that bill passes the House and is and there were many—rather than call you have to turn over Brady evidence. signed into law by the President. I just a witness whose testimony would have But the Federal Judicial Con- want to thank my colleagues—all of supported Senator Stevens, the govern- ference’s Advisory Committee on the my colleagues—who voted for this nec- ment flew the witness home to Alaska. Rules of Criminal Procedure—so, essen- essary and important and simple piece That is pretty pathetic. tially, the judges who advise on the The prosecution also concealed that rules—has consistently declined to re- of legislation that, unfortunately, we its star witness, who was testifying quire all Federal courts to do the same. need in America today. against Senator Stevens, had an illegal So right now, all Federal courts don’t I yield the floor.

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EDWARD R. CLEMENTS WILLIAM D. RASOR ADJOURNMENT UNTIL 9 A.M. JEFFREY J. CLEMENTS PATRICK A. REESE TOMORROW BRADLEY M. COMPTON MARC A. REYHER JEFFREY S. COOMLER BRADLEY D. RITTENHOUSE The PRESIDING OFFICER. Under PATRICK D. CORNWELL JAMES O. ROBINSON MICHAEL J. COURVILLE PHILLIP D. ROBINSON the previous order, the Senate stands JOHN C. CRAFT STEVEN S. RODGERS adjourned until tomorrow at 9 a.m. JEFFREY M. CRANE MANUEL RODRIGUEZ, JR. RUTH A. CRESENZO RAUL RODRIGUEZMEDELLIN Thereupon, the Senate, at 5:48 p.m., STEVEN M. DAVENPORT SCOTT J. ROHWEDER adjourned until Friday, May 22, 2020, at KEVIN R. DEJONG PAUL E. ROITSCH KRISTIN L. DERDA KURT A. RORVIK 9 a.m. PHILIP T. DERING IV ARTHUR C. ROSCOE, JR. JOHN C. DETLING JASON E. ROSE f ANDREW R. DIEDERICH CHAD M. ROUDEBUSH WILLIAM M. DIPROFIO DANIEL K. RUNYON NOMINATIONS JOHN P. DORIN CRAIG H. RUSSELL JOSHUA E. DOSCINSKI BRANDI J. SASSERUSSELL Executive nominations received by MICHAEL J. EASTRIDGE TERRY A. SAUL the Senate: STANLEY ECHOLS TIMOTHY A. SCHLOTTERBACK KAREY L. ELIAS CHRISTOPHER W. SCHWENDIMANN THE JUDICIARY RANDY J. ERICKSON KEIR A. SCOUBES HARMON C. ESPLIN JEFFREY S. SETSER LIAM P. HARDY, OF VIRGINIA, TO BE A JUDGE OF THE MICHAEL T. FAATZ BARRY B. SIMMONS UNITED STATES COURT OF APPEALS FOR THE ARMED JENNIFER L. FADELEY DAVID L. SKALON FORCES FOR THE TERM OF FIFTEEN YEARS TO EXPIRE JOSEPH P. FAIRFAX II ALICE H. SMITH ON THE DATE PRESCRIBED BY LAW, VICE MARGARET A. BRYAN C. FILLINGER BENNY W. SMITH, JR. RYAN, RETIRING. ERIC S. FINCH ERIC E. SMITH AMTRAK BOARD OF DIRECTORS COLIN M. FLEMING KATHLEEN K. SMITH CHRISTOPHER B. FLETCHER DESIREE G. SOUMOY SARAH E. FEINBERG, OF WEST VIRGINIA, TO BE A DI- NOLAND I. FLORES PATRICK S. SPEEDY RECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A ROBERT B. FRAZER, JR. ERIC S. SPRINGS TERM OF FIVE YEARS, VICE YVONNE BRATHWAITE THOMAS B. FULLER RAYMOND J. STEMITZ BURKE, TERM EXPIRED. TONY J. GAGNON PAUL E. STRYKER CHRIS KOOS, OF ILLINOIS, TO BE A DIRECTOR OF THE LOUIS S. GANSELL TIMOTHY J. SULZNER AMTRAK BOARD OF DIRECTORS FOR A TERM OF FIVE JERRY B. GLASS DIRK J. THIBODEAUX YEARS, VICE THOMAS C. CARPER, TERM EXPIRED. TODD M. GOFF WAYNE A. THOMAS SCOTT E. GRANGER LEIF C. THOMPSON DEPARTMENT OF STATE KRISTINA E. GRAY PATRICK K. THOMPSON TALON E. GREEFF STEVEN R. TODD J. MARK BURKHALTER, OF GEORGIA, TO BE AMBAS- MATTHIAS E. GREENE EDWARDO TORO SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BARRY W. GROTON, JR. LESLIE J. TOWRY THE UNITED STATES OF AMERICA TO THE KINGDOM OF STEPHEN T. GUERTIN JASON E. TURNER NORWAY. CHRISTOPHER M. GUILMETTE MATTHEW A. VALAS WILLIAM A. DOUGLASS, OF FLORIDA, TO BE AMBAS- MATTHEW J. HANDLEY GEOFFREY G. VALLEE SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JUSTIN J. HANSEN TADD E. VANYO THE UNITED STATES OF AMERICA TO THE COMMON- SEAN M. HARMON KENNETH R. WALKER, JR. WEALTH OF THE BAHAMAS. EVERT R. HAWK II WILLIAM M. WALLEY WILLIAM L. HENRY OFFICE OF THE DIRECTOR OF NATIONAL SHY M. WARNER JOSEPH B. HENSON DEREK G. WEBB INTELLIGENCE DOUG A. HOUSTON SHAE D. WEIDE ERIC D. HUNSBERGER PATRICK HOVAKIMIAN, OF CALIFORNIA, TO BE GEN- JOHN M. WHEELER JONATHAN A. M. ISHIKAWA ERAL COUNSEL OF THE OFFICE OF THE DIRECTOR OF NA- TODD W. WHEELER GREGORY S. JACKELS TIONAL INTELLIGENCE, VICE JASON KLITENIC, RE- WILLIAM A. WHIGHAM BRIAN D. JACKETTA SIGNED. LINDY I. WHITE NATHLON N. JACKSON HAZEL WILLIAMS, JR. THE JUDICIARY KEVIN W. JAMES JEFFREY P. WINN MATTHEW R. JAMES ERIC P. WINNICKY AILEEN MERCEDES CANNON, OF FLORIDA, TO BE FRANKLIN L. JONES SHAWN WINTERBOTTOM UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN PATRICIA L. JONESJOHNSON RUSSELL J. WOLF DISTRICT OF FLORIDA, VICE KENNETH A. MARRA, RE- PAUL C. JUDGE WILLIAM L. WOODARD, JR. TIRED. ROBERT C. KEMP III SHAWN K. WORKMAN TOBY CROUSE, OF KANSAS, TO BE UNITED STATES DIS- JASON W. KETTWIG STEVEN D. YARNELL TRICT JUDGE FOR THE DISTRICT OF KANSAS, VICE CAR- AARON S. KING JOSEPH E. YAWN LOS MURGUIA, RESIGNED. JOHN C. KINTON BENJAMIN P. YORK DIRK B. PALOUTZIAN, OF CALIFORNIA, TO BE UNITED RUSSELL W. KINZIE ROGER B. ZEIGLER STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT KURT K. KOBERNIK OF CALIFORNIA, VICE MORRISON C. ENGLAND, JR., RE- JEFFREY D. KORANDO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIRED. DOMINIC L. KOTZ TO THE GRADE INDICATED IN THE RESERVE OF THE RODERICK C. YOUNG, OF VIRGINIA, TO BE UNITED CHARLES H. LAMPE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT LEON M. LAPOINT To be colonel OF VIRGINIA, VICE REBECCA BEACH SMITH, RETIRED. CHRIS A. LARSON IN THE AIR FORCE RANDY I. LAU DANIEL P. ALLEN BRADLEY A. LEONARD HEIDI M. ANDERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN R. LEWIS RYAN L. AVERBECK TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DOUGLAS J. LINEBERRY ROLAND H. BEASON FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN M. LIPSCOMB PAUL J. BENENATO CHRISTOPHER J. LOWMAN KEVIN E. BIGENHO To be colonel JOHN S. MACDONALD BRYAN D. BOGLE KATHERINA B. DONOVAN REGINALD B. MADDOX MARCO A. BONGIOANNI CAMERON L. MAGEE MARK E. BRASWELL IN THE ARMY DON T. MAKAY BRIAN M. BRZEZINSKI BRIAN G. MALECHA LAURA C. BUDDEMEYER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL P. MANNING STEVE W. CACERES TO THE GRADE INDICATED IN THE RESERVE OF THE JONATHAN E. MARION ROBERT C. CALLAHAN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JAMES A. MARTIN GARY A. CAMPBELL To be colonel ROBERT W. MATHEWS CAROLYN J. CARDEN EUGENE P. MAXWELL KEVIN T. CARROLL CHAD M. ABTS ROSA D. MAYNARD ANTIONETTE N. CHASE JUAN B. ALVAREZ RONALD W. MCBAY ALLEN D. CHEEK KELLY D. AMBROSE MICHAEL J. MCCANN MICHAEL E. CHILD CHRISTOPHER J. AMOS DAVID J. MCDILL MATTHEW L. CLOUD ERICH H. BABBITT J W. MCKEOWN MAURICE COOK PATRICIA G. BAKER BRIAN L. MEDCALF PAUL E. CREAL WILLIAM C. BALLINGER PETER J. MEHLING SARA J. DECHANT GORDON I. BARKSDALE, JR. VICTOR R. MILLAN PETER R. DEGUZMAN ROBERT R. BARTRAN III JAMES A. MILLS ERIC DELELLIS MICHAEL L. BECK LARRY C. MINASIAN JOSEPH A. DERYDER, JR. MICHAEL J. BECKNER PATRICK E. MOORE IAN C. DOIRON BARBARA J. BEEGLES JOHN N. MORELOS JACKIE R. EAST JADE E. BEEHLER MICHAEL P. MORICAS CHRISTOPHER L. ENG SEAN P. BEGLEY MIKE A. NAVARRO FRANKLIN J. ESTES JAMEE L. BELSHA DONALD P. NELSON CHARLES E. FAIRBANKS KEVIN M. BERRY CORY M. NEWCOMB ROBERT A. FALCONE BRIAN S. BISCHOFF LESBIA I. NIEVES PAUL R. FERREIRA GARY A. BLAGBURN JASON D. OBERTON JEFFREY A. FIDLER WILLIAM H. BONO WILLIAM E. OCONNOR ALEXIA N. FIELDS MICHAEL B. BOOKER JASON F. OSBERG BRIAN M. GATTI ROSS E. BRASHEARS JON M. PALADINI KEITH G. GAWRYS TIMOTHY M. BROWER JOSEPH PALADINO RICHARD J. GIARUSSO WILLIAM M. BROWN, JR. HENRY A. PALMER BENJAMIN K. GRABSKI CHARLES R. BRUNDRETT, JR. CARLTON B. PARIS DAVID L. GRAVES GEOFFREY T. BUCHANAN CHRISTOPHER T. PATTERSON LANNY V. GRIFFIN MARION A. BULWINKLE III GARLAND A. PENNINGTON JASON C. GUERRERO REGINA D. CARUSO MARK E. PICKETT JOHN W. HALL KENT D. CAVALLINI BRYAN W. PROCTOR MATTHEW S. HAMPTON GEORGE T. CHRISTENSON JOHN A. RANSOM TODD C. HERRICK

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MICHAEL H. HILL PORTIA J. BENSON IN THE AIR FORCE MICHAEL C. HILLER MARIO D. CALAD GREGORY T. HINTON II WILLIAM J. CLAYBROOKS, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHANNON L. HORNE SCOTT S. COLE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHAEL J. HULTS PATRICK J. DILLON CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WILLIAM R. HUMES DONYA T. DUGAN AND RESPONSIBILITY UNDER TITLE 10 U.S.C., SECTION SAMUEL F. HUNTER III ROBERT L. B. EDWARDS 601: NATHAN C. HURT DAVID R. GARCIAMONTANO QUENTIN S. HYDE DAVID H. HAIGLER, JR. To be lieutenant general GEORGE T. JACKSON CONRAD J. JAKUBOW MAJ. GEN. SCOTT L. PLEUS CHRISTOPHER L. JENKINS BYRON J. JONES DAWN M. JOHNSON MICHAEL S. KAVADIAS THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JEREMY D. JOHNSON CARL S. KELLER UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AARON T. JONES TRACY L. KENNEPP SERVE OF THE AIR FORCE TO THE GRADE INDICATED WILLIAM A. JONES IV STEVEN M. KING UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: HERBERT L. JUDON, JR. CHAD E. LAYMAN JOE D. M. JUNGUZZA KELLY A. LELITO To be brigadier general DANIEL E. JUSTUS DENNIS S. LENE COL. DANIEL D. BOYACK MICHAEL J. KELLEY, JR. MARTIN D. LEPAK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD S. KETTERING DOUGLAS A. LUDWICK IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SIMON KIM RHASAAN L. LYMON CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WILLIAM A. KRUFT VERMELE S. MARTINEZ AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION VIVEK KSHETRAPAL LAWRENCE T. MCKIERNAN 601: TAMARA R. KUREY TRACIE L. MCMILLIAN MARK C. LANE SUNNY K. MITCHELL To be lieutenant general MATTHEW S. LAWSON WILKEM D. MOLLFULLEDA RANDOLPH W. LEACH ROBERT J. MURACH LT. GEN. JOSEPH T. GUASTELLA, JR. EDMUND G. NAUGHTON CHRISTOPHER A. LECRON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW L. NELSON RUSTY J. LEPLEY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ADAMS Z. Z. ORTEGA MOE LIU CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JASON P. PARKER, JR. DAVID L. LOWBER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ROBERT L. PERRYMAN, JR. SEAN T. MALIS 601: ANTHONY C. MANCARI MERITT L. PHILLIPS ANTONIO MARTINEZ DAPHANY L. PREWITT To be lieutenant general TORYA N. MATHESEVANS RUSTY G. RHOADS MAJ. GEN. GREGORY M. GUILLOT MYLES A. MCHUGH REBECCA C. RICHTER SAMUEL D. MEHAFFEY JAMES E. RIVENBARK, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EDWARD L. MIKULA MARSHALL S. SCANTLIN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHAEL SHANLEY BRADLEY J. MILLER CATED UNDER TITLE 10, U.S.C., SECTION 624: ALAN L. SIMPKINS PATRICK H. MORGAN HEATHER L. SMIGOWSKI ANDREW S. MORRIS To be major general JESSE H. STALDER SHAWN R. MORRIS TRAVIS O. TRAYLOR BRIG. GEN. DAGVIN R. M. ANDERSON JOHN D. MYHRE KRISTA H. VAUGHAN BRIG. GEN. DEANNA M. BURT DAVID M. NEWMAN CLAYTON A. WHITE BRIG. GEN. CASE A. CUNNINGHAM DAVID M. NEWMAN JOHN M. V. WILDERMANN BRIG. GEN. MICHELE C. EDMONDSON DUC D. NGUYEN MITCHELL J. WISNIEWSKI BRIG. GEN. KENNETH P. EKMAN DAVID G. NOWICKI BRIG. GEN. DEREK C. FRANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CROCKETT W. OAKS III BRIG. GEN. PHILIP A. GARRANT TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN A. OCHWATT BRIG. GEN. ANDREW J. GEBARA UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER B. OTOOLE BRIG. GEN. SAMUEL C. HINOTE KARL J. OTTMAR To be major BRIG. GEN. WILLIAM G. HOLT II CHRISTIAN M. PAJAK BRIG. GEN. JOEL D. JACKSON TIMOTHY E. PALUMMO NATHANIEL A. STONE BRIG. GEN. MICHAEL G. KOSCHESKI JORDAN G. PAPKOV THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. JOHN D. LAMONTAGNE KEVIN K. PARKER TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIG. GEN. LEAH G. LAUDERBACK RICKY L. PEAK UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. RODNEY D. LEWIS SETH C. PEDERSEN BRIG. GEN. JOHN J. NICHOLS KATIE S. PIERCE To be major BRIG. GEN. JAMES D. PECCIA III JOSEPH N. PIERRE MARGARET C. BRAINARDBLAND BRIG. GEN. LANSING R. PILCH PATRICK L. POLLAK BRIG. GEN. JAMES R. SEARS, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID W. PORTER BRIG. GEN. DONNA D. SHIPTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY MURRAY S. POWELL BRIG. GEN. DANIEL L. SIMPSON UNDER TITLE 10, U.S.C., SECTION 624: DYLAN W. PRESLEY BRIG. GEN. MARK H. SLOCUM TRAVIS L. QUESENBERRY To be lieutenant colonel BRIG. GEN. PHILLIP A. STEWART COURTNEY T. RAY BRIG. GEN. EDWARD W. THOMAS, JR. JASON M. REHERMAN MICHAEL B. MCGUIRE ANDREW M. RISH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY MICHAEL A. ROBBINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY N. ROBERTS UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES ARMY TO THE GRADE INDICATED ANDREW H. ROBERTSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WILLIAM R. ROBERTSON To be major RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEDRO L. ROSARIO III RALPH PEAN DANE M. SANDERSEN To be lieutenant general BRYAN S. SCHILLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDRE H. SCHLAPPE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MAJ. GEN. DENNIS S. MCKEAN KEVIN R. SCHOOLER JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID P. SCHWARTZ U.S.C., SECTIONS 624 AND 7064: IN THE UNITED STATES ARMY TO THE GRADE INDICATED AMER SHAH To be lieutenant colonel WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIAN D. SHERIDAN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL B. SHERIDAN CHRISTOPHER M. HARTLEY JENNIFER M. SIEGEL To be lieutenant general TANYA E. SIMMONS f MAJ. GEN. JOHN S. KOLASHESKI BRIAN J. SLAUGHTER JAMES C. SLAUGHTER DISCHARGED NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RYAN T. SMITH IN THE UNITED STATES ARMY TO THE GRADE INDICATED WILLIAM J. SMITH, JR. The Senate Committee on Environ- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RICHARD K. SNODGRASS ment and Public Works was discharged RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SHANNA R. SPEARS BRENT R. STALDER from further consideration of the fol- To be lieutenant general PETER M. STEMNISKI lowing nominations by unanimous con- MAJ. GEN. ROGER L. CLOUTIER DANIEL A. STILL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADAM C. STRAUB sent and the nominations were con- IN THE UNITED STATES ARMY TO THE GRADE INDICATED JASON M. SWAIM firmed: UNDER TITLE 10, U.S.C., SECTION 624: BRADLEY S. D. TALLEY PETER P. THIEDE DAVID A. WRIGHT, OF SOUTH CAROLINA, TO BE A MEM- To be major general KEVIN C. TRUSLOW BER OF THE NUCLEAR REGULATORY COMMISSION FOR MICHAEL J. TUCKER THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2025. BRIG. GEN. MICHAEL L. PLACE CHRISTOPHER T. HANSON, OF MICHIGAN, TO BE A MEM- CRAIG V. UTLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BER OF THE NUCLEAR REGULATORY COMMISSION FOR CHANDA O. VALENTINE IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2024. ANGEL D. VEGAMONTANEZ WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JONATHAN E. VELASQUEZ f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHELLE M. VERGARA JAMES W. WALDROP CONFIRMATIONS To be lieutenant general JAMES A. WALTON LT. GEN. RAYMOND S. DINGLE THOMAS J. WESTRICK, JR. Executive nominations confirmed by BLAINE A. WHITE IN THE NAVY CALVIN L. WILLIAMS the Senate May 21, 2020: LAWRENCE E. WILLIAMS OFFICE OF THE DIRECTOR OF NATIONAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICKY L. WILLIAMS IN THE UNITED STATES NAVY TO THE GRADE INDICATED GARY C. WONG INTELLIGENCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN L. RATCLIFFE, OF TEXAS, TO BE DIRECTOR OF To be rear admiral TO THE GRADE INDICATED IN THE RESERVE OF THE NATIONAL INTELLIGENCE. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) SHOSHANA S. CHATFIELD DEPARTMENT OF DEFENSE To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENNETH J. BRAITHWAITE, OF PENNSYLVANIA, TO BE IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRIAN E. BART SECRETARY OF THE NAVY. UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Sep 11 2014 04:38 May 22, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4637 Sfmt 9801 E:\CR\FM\A21MY6.005 S21MYPT1 dlhill on DSK120RN23PROD with SENATE May 21, 2020 CONGRESSIONAL RECORD — SENATE S2615 To be rear admiral (lower half) To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH LAURA A. ABBOTT AND ENDING WITH ANDREW P. ZWIRLEIN, WHICH CAPT. CYNTHIA A. KUEHNER MAJ. GEN. SHAUN Q. MORRIS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- 2020. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AIR FORCE NOMINATIONS BEGINNING WITH RYAN S. COMBEST AND ENDING WITH RACHEL S. VAN SCIVER, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 601: To be vice admiral AND APPEARED IN THE CONGRESSIONAL RECORD ON To be lieutenant general MAY 11, 2020. REAR ADM. YANCY B. LINDSEY AIR FORCE NOMINATION OF MEGAN A. SHERWOOD, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. KIRK W. SMITH BE MAJOR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH JONAH R. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BROWN AND ENDING WITH JAKE D. WHITLOCK, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, To be vice admiral 601: 2020. AIR FORCE NOMINATION OF MELANIE C. MARTIN, TO BE VICE ADM. LISA M. FRANCHETTI To be general LIEUTENANT COLONEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS VICE CHIEF OF NAVAL OPERATIONS AND APPOINT- LT. GEN. KENNETH S. WILSBACH IN THE ARMY MENT IN THE UNITED STATES NAVY TO THE GRADE INDI- IN THE ARMY ARMY NOMINATIONS BEGINNING WITH SAMUEL C. HOR- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TON AND ENDING WITH TIMOTHY C. MONTGOMERY, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 601 AND 8035: IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND APPEARED IN THE CONGRESSIONAL RECORD ON To be admiral WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MAY 4, 2020. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH GARY A. ANDER- VICE ADM. WILLIAM K. LESCHER To be lieutenant general SON, JR. AND ENDING WITH RODNEY J. STAGGERS, JR., IN THE MARINE CORPS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MAJ. GEN. DAVID G. BASSETT AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAY 4, 2020. IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATION OF LAUREN A. SCHERER, TO BE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MAJOR. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF SHULA M. CLARK, TO BE MAJOR. SECTION 601: ARMY NOMINATION OF JASON M. WINDHAM, TO BE To be lieutenant general MAJOR. To be lieutenant general ARMY NOMINATION OF TINA N. SYFERT, TO BE LIEU- MAJ. GEN. THOMAS H. TODD III MAJ. GEN. DENNIS A. CRALL TENANT COLONEL. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ARMY NOMINATION OF STEVEN G. WARD, TO BE MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OFFICER FOR APPOINTMENT IN ARMY NOMINATIONS BEGINNING WITH ALEKSANDR IN THE UNITED STATES MARINE CORPS TO THE GRADE THE RESERVE OF THE ARMY TO THE GRADE INDICATED BARON AND ENDING WITH RODGER I. VOLTIN, WHICH INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2020. SECTION 601: To be brigadier general ARMY NOMINATION OF PATRICIA H. PASSMAN, TO BE To be lieutenant general COL. JEMAL J. BEALE LIEUTENANT COLONEL. ARMY NOMINATION OF MARK A. WHITE, TO BE LIEU- MAJ. GEN. MARK R. WISE IN THE NAVY TENANT COLONEL. ARMY NOMINATION OF CORY J. YOUNG, TO BE COLO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NEL. IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATION OF EDWARD K. GRAYBILL, TO BE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SECTION 601: ARMY NOMINATION OF JAVIER E. SOSTRECINTRON, TO To be vice admiral BE LIEUTENANT COLONEL. To be lieutenant general ARMY NOMINATION OF JASON C. DEROSA, TO BE LIEU- VICE ADM. STUART B. MUNSCH TENANT COLONEL. LT. GEN. STEVEN R. RUDDER IN THE COAST GUARD ARMY NOMINATION OF MARK C. MORETTI, TO BE LIEU- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TENANT COLONEL. IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATION OF ROCKWELL ALLEN, TO BE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- MAJOR. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., DICATED UNDER TITLE 14 U.S.C., SECTION 2121(D): ARMY NOMINATION OF YONG YI, TO BE LIEUTENANT SECTION 601: COLONEL. To be rear admiral To be lieutenant general ARMY NOMINATION OF JULIAN P. GILBERT, TO BE MAJOR. REAR ADM. (LH) THOMAS G. ALLAN ARMY NOMINATION OF JULLIET O. THOMAS, TO BE LT. GEN. LEWIS A. CRAPAROTTA REAR ADM. (LH) LAURA M. DICKEY MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) DOUGLAS M. FEARS ARMY NOMINATIONS BEGINNING WITH PHILIP R. IN THE UNITED STATES MARINE CORPS TO THE GRADE REAR ADM. (LH) JOHN W. MAUGER DEMONTIGNY AND ENDING WITH LAURA A. WOODSON, INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- REAR ADM. (LH) NATHAN A. MOORE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., REAR ADM. (LH) BRIAN K. PENOYER AND APPEARED IN THE CONGRESSIONAL RECORD ON SECTION 601: REAR ADM. (LH) MATTHEW W. SIBLEY MAY 11, 2020. To be lieutenant general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATION OF KODJO S. KNOXLIMBACKER, TO IN THE UNITED STATES COAST GUARD TO THE GRADE IN- BE COLONEL. MAJ. GEN. KARSTEN S. HECKL DICATED UNDER TITLE 14 U.S.C., SECTION 2121(E): IN THE MARINE CORPS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) TO THE GRADE INDICATED IN THE UNITED STATES MA- MARINE CORPS NOMINATION OF ANTHONY C. TRIVISO, RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CAPT. CHRISTOPHER A. BARTZ TO BE LIEUTENANT COLONEL. To be brigadier general CAPT. SCOTT W. CLENDENIN MARINE CORPS NOMINATION OF CHRISTOPHER R. CAPT. MARK J. FEDOR YANITY, TO BE LIEUTENANT COLONEL. COL. ADAM L. CHALKLEY CAPT. SHANNON N. GILREATH MARINE CORPS NOMINATION OF BENJAMIN C. COL. KYLE B. ELLISON CAPT. JONATHAN P. HICKEY KESSLER, TO BE MAJOR. COL. PHILLIP N. FRIETZE IN THE AIR FORCE IN THE NAVY COL. PETER D. HUNTLEY COL. JULIE L. NETHERCOT AIR FORCE NOMINATION OF KURT W. HELFRICH, TO BE NAVY NOMINATION OF MATTHEW J. MCGIRR, TO BE COL. FORREST C. POOLE III MAJOR. LIEUTENANT COMMANDER. COL. RYAN S. RIDEOUT AIR FORCE NOMINATIONS BEGINNING WITH JOSEPH B. NAVY NOMINATION OF THOMAS M. VANSCOTEN, TO BE COL. GEORGE B. ROWELL IV LORKOWSKI AND ENDING WITH BROCK L. YELTON, WHICH CAPTAIN. COL. FARRELL J. SULLIVAN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF JAMES S. CARMICHAEL, TO BE PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2020. CAPTAIN. IN THE AIR FORCE AIR FORCE NOMINATION OF JONATHAN L. ARNHOLT, TO NAVY NOMINATION OF LA HESH A. GRAHAM, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE COLONEL. CAPTAIN. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATION OF ANDREW N. PIKE, TO BE NAVY NOMINATION OF JACQUELYN M. L. KETRING, TO CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL. BE LIEUTENANT COMMANDER. AIR FORCE NOMINATIONS BEGINNING WITH CHELSEY L. NAVY NOMINATION OF LESLIE D. SOBOL, TO BE CAP- To be brigadier general BUCHANAN AND ENDING WITH ZACHARY R. STROMAN, TAIN. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF KRISTEN K. PARSONS, TO BE COL. JEANNINE M. RYDER AND APPEARED IN THE CONGRESSIONAL RECORD ON LIEUTENANT COMMANDER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAY 4, 2020. NAVY NOMINATION OF SATIN L. IBRAHIM, TO BE LIEU- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH RENI B. TENANT COMMANDER. CATED UNDER TITLE 10, U.S.C., SECTION 624: ANGELOVA AND ENDING WITH GRANT W. WISNER, WHICH NAVY NOMINATION OF SANTHOSH K. SHIVASHANKAR, To be brigadier general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TO BE COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2020. NAVY NOMINATION OF ALEJANDRO B. SANCHEZ, TO BE COL. NORMAN S. WEST AIR FORCE NOMINATIONS BEGINNING WITH RICARDO LIEUTENANT COMMANDER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANTONIO ALDAHONDO AND ENDING WITH NOAH C. WOOD, NAVY NOMINATION OF CHARLENE G. ECHAGUE, TO BE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LIEUTENANT COMMANDER. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF ANTHONY M. PECORARO, TO BE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MAY 4, 2020. CAPTAIN. 601: AIR FORCE NOMINATIONS BEGINNING WITH YVONNE E. NAVY NOMINATION OF MICHAEL R. SYAMKEN, TO BE ABEDI AND ENDING WITH JENNIFER L. ZANZIG, WHICH COMMANDER. To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF JAVIER N. DELUCA–JOHNSON, PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2020. TO BE LIEUTENANT COMMANDER. BRIG. GEN. SAMUEL C. HINOTE AIR FORCE NOMINATION OF JAMES B. HALL, TO BE NAVY NOMINATION OF DANIEL L. CROOM, TO BE LIEU- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL. TENANT COMMANDER. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATION OF ANTHONY R. GEORGE, TO NAVY NOMINATION OF BRADLEY R. YINGST, TO BE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BE LIEUTENANT COLONEL. LIEUTENANT COMMANDER. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION AIR FORCE NOMINATION OF MATTHEW D. BRILL, TO BE NAVY NOMINATION OF SCOTT D. STAHL, TO BE CAP- 601: LIEUTENANT COLONEL. TAIN.

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NAVY NOMINATION OF BRIAN J. MILLER, TO BE CAP- NUCLEAR REGULATORY COMMISSION CHRISTOPHER T. HANSON, OF MICHIGAN, TO BE A MEM- TAIN. BER OF THE NUCLEAR REGULATORY COMMISSION FOR NAVY NOMINATIONS BEGINNING WITH PETER N. DAVID A. WRIGHT, OF SOUTH CAROLINA, TO BE A MEM- THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2024. ALEXAKOS AND ENDING WITH MICHAEL W. WISSEHR, BER OF THE NUCLEAR REGULATORY COMMISSION FOR WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2025. AND APPEARED IN THE CONGRESSIONAL RECORD ON MAY 11, 2020.

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