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

Vol. 165 WASHINGTON, TUESDAY, DECEMBER 10, 2019 No. 197 House of Representatives The House met at 10 a.m. and was Minnesota Duluth before entering the During my 23 years as a law enforce- called to order by the Speaker pro tem- Naval Aviation Officer Candidate ment officer in northern Minnesota, I pore (Mr. CUELLAR). School and earning the commission of heard far too many horror stories f an ensign. In April 1965, he received his about trafficked or murdered Native naval flight officer wings and was de- American women. Too often, these DESIGNATION OF SPEAKER PRO ployed to Vietnam, flying in an F–4B cases go unresolved. TEMPORE Phantom as a radar intercept officer. These victims and their families de- The SPEAKER pro tempore laid be- In October 1965, David was shot down serve action. I was glad to hear that fore the House the following commu- and captured by enemy forces. He spent President Donald Trump recently nication from the Speaker: the next 7 years and 4 months as a pris- signed an executive order establishing WASHINGTON, DC, oner of war in various camps, including an interagency task force to review un- December 10, 2019. the infamous Hanoi Hilton. Despite the solved cases. I was especially pleased I hereby appoint the Honorable HENRY cruel torture and inhumane conditions to see Fond du Lac council member CUELLAR to act as Speaker pro tempore on David endured at the hands of his cap- Roger Smith, Fond du Lac chairman this day. tors, they were never able to rob him of Kevin Dupuis, and Mille Lacs band NANCY PELOSI, his resilient American spirit. chief Melanie Benjamin standing Speaker of the House of Representatives. Following his release from prison, alongside our President in the Oval Of- f David vowed that he would be happy fice as he signed this executive order. MORNING-HOUR DEBATE for the rest of his life. David went on to I applaud Minnesota’s Tribal leaders continue a life of service, reporting to for standing united against this epi- The SPEAKER pro tempore. Pursu- pilot training and earning his naval demic of violence, and I remain com- ant to the order of the House of Janu- aviation wings in 1975. mitted to supporting them in this crit- ary 3, 2019, the Chair will now recog- Throughout his career, David flew ical mission. nize Members from lists submitted by various types of aircraft and retired f the majority and minority leaders for after 20 years of honorable service. morning-hour debate. David also got married and started a AND STILL I RISE The Chair will alternate recognition family of his own. The SPEAKER pro tempore. The between the parties. All time shall be In my hometown of Duluth, Min- Chair recognizes the gentleman from equally allocated between the parties, nesota, we are incredibly proud to have Texas (Mr. GREEN) for 5 minutes. and in no event shall debate continue a hero like Commander David Wheat Mr. GREEN of Texas. Mr. Speaker, beyond 11:50 a.m. Each Member, other living amongst us. David has been an and still I rise with love for my coun- than the majority and minority leaders active member of our community, sup- try at heart. and the minority whip, shall be limited porting activities and fundraisers for Mr. Speaker, if I appear to have a to 5 minutes. various veterans organizations. pensive persona, it is because I am ex- f Mr. Speaker, on behalf of every Min- periencing a melancholy moment, a nesotan, I thank Commander Wheat for melancholy moment because some 2- CELEBRATING THE RESILIENT his brave service and wish him the plus years ago I came to the floor of SPIRIT OF DAVID WHEAT happiest of birthdays. this House, stood in the well, and The SPEAKER pro tempore. The TAKING A STAND AGAINST VIOLENCE called for the impeachment of the Chair recognizes the gentleman from Mr. STAUBER. Mr. Speaker, I rise President some 2 years ago. Minnesota (Mr. STAUBER) for 5 min- today to address the heartbreaking That moment is now at hand, and I utes. trend of violence troubling our Native do feel a sense of thoughtfulness, pen- Mr. STAUBER. Mr. Speaker, I rise American communities and recognize siveness because, to be very honest, I today to honor Commander David the Tribal leaders from my district am saddened about what is about to Wheat, a Vietnam veteran and former who are taking a stand on this issue. happen. It is not something that I want prisoner of war from Minnesota’s Native American women in par- to see occur in my country. I love my Eighth Congressional District, who is ticular face a disproportionately high country. This is not something that I about to celebrate his 80th birthday on risk of violence. According to one came to Congress to be a part of, but it December 16. study, the murder rate of Native Amer- is about to happen. David grew up in Duluth, Minnesota, ican women is 10 times the national av- The House will vote. The President and graduated from the University of erage. will be impeached, after which his case

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

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VerDate Sep 11 2014 04:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.000 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9954 CONGRESSIONAL RECORD — HOUSE December 10, 2019 will go to the Senate. The Senate will gaging in personalities toward the experts, he urged farmers to restore ni- have a trial. If the Senate convicts and President. trogen to their soils by practicing sys- removes the President from office, this f tematic crop rotation, alternating cot- will bring this ignoble chapter in Presi- ton crops with plantings of sweet pota- RECOGNIZING GEORGE dential history to an end. But if the toes or legumes, such as peanuts, soy- WASHINGTON CARVER Senate does not convict, then the beans, and cowpeas. President is still subject to impeach- The SPEAKER pro tempore. The Once at Tuskegee, Carver trained ment for other acts that are impeach- Chair recognizes the gentleman from farmers to rotate and cultivate the new able. Alabama (Mr. BROOKS) for 5 minutes. crops successfully. Carver developed I have always brought my Articles of Mr. BROOKS of Alabama. Mr. Speak- and established an agricultural exten- Impeachment to the floor. I have al- er, renowned Alabama educator, artist, sion program for all of Alabama. ways had a rationale for my actions. I and botanist George Washington Carver founded an industrial research never said to just impeach the Presi- Carver, like many Americans, over- laboratory, where he and assistants dent because he ought to be impeached. came numerous obstacles to achieve worked to popularize the new crops by I never felt that way. I do not feel that greatness. Carver’s contributions to developing hundreds of applications for way currently. Impeachment is a seri- science and agriculture made a huge them. ous undertaking, and I always have impact that is still felt across the In 1916, Carver was made a member of been serious about my actions. globe today. the Royal Society of Arts in England, I do believe that, if the Senate does On January 5, 2020, Alabama will one of only a handful of Americans at not convict, other Articles of Impeach- unveil a historic marker honoring Dr. that time to receive this honor. The ment may be considered. Currently, we Carver at Decatur’s Horizon School. United Peanut Associations of America are considering two Articles of Im- Carter visited Decatur in 1935. Carver invited Carver to speak at their 1920 peachment—abuse of power and ob- Elementary was named in his honor. convention. He discussed ‘‘The Possi- struction of Congress—but there is During his visit, Carver spoke to an au- bilities of the Peanut’’ and exhibited much more to be considered. It is my dience of more than 1,000 Decatur resi- 145 peanut products. opinion that we will still have work to dents. In a letter to then-super- Carver received the 1923 NAACP do if the Senate does not convict. intendent W.W. Henson after his visit, Spingarn Medal for outstanding To this end, I want to use an example George Washington Carver wrote: ‘‘The achievement by an African American. so that people will understand the Carver School far exceeds my expecta- Before his death in 1943, Carver do- point I am making. The President him- tions. It is a most beautiful building, nated his life savings to establish the self has said that he could shoot some- and I hope that it will be able in every Carver Research Foundation at one on Fifth Avenue—these are the way to integrate itself into the up- Tuskegee. President’s words—and he would not building and the development of the Carver was posthumously inducted lose his base of support. Well, if he does splendid possibilities which lie all into the National Inventors Hall of that with malice aforethought and if around you.’’ Fame. someone is hurt, regardless as to what Carver was deeply devoted to edu- The George Washington Carver Na- happens in the Senate, if the Senate cation. During the Civil War, George tional Monument was the first national does not convict, the President can be Washington Carver was born in Dia- monument dedicated to a Black Amer- brought before the bar of justice again. mond Grove, Missouri. Shamefully, ican and the first to a non-President. This is the bar of justice for a Presi- Carver was not allowed to attend pub- George Washington Carver left a last- dent who commits impeachable acts. lic schools near his home because he ing legacy on Alabama’s schools, and This is the only place where the Presi- was an African American. But that did Alabama is proud to have been the dent can be brought before the bar of not stop George Washington Carver. He home of this renowned scientific lead- justice while he is President—right was determined to get an education, so er. here. If he does such a thing with mal- he enrolled at a school 10 miles away in f ice aforethought, I would bring Arti- Neosho, Missouri. cles of Impeachment before this august In Neosho, Carver was befriended by RECESS body for consideration. Mariah Watkins, from whom he rented The SPEAKER pro tempore. Pursu- My prayer is that the Senate will do a room. Mariah Watkins’ advice to ant to clause 12(a) of rule I, the Chair its job and not only receive the Arti- Carver was simple: ‘‘You must learn all declares the House in recess until noon cles of Impeachment but also act on you can, then go back into the world today. them because I believe that the Presi- and give your learning back to the peo- Accordingly (at 10 o’clock and 15 dent ought to be convicted and re- ple.’’ Carver did just that. minutes a.m.), the House stood in re- moved from office. I have said before Disappointed in the quality of Neo- cess. and say now: He is unfit to be Presi- sho’s school, Carver moved to Kansas dent. My prayer is that we will soon and supported himself through a vari- f end this ignoble chapter in Presidential ety of occupations while he furthered b 1200 his education as he could. After earn- history. AFTER RECESS I love my country, and I stand here ing his high school diploma, he discov- with my love for my country at heart, ered opportunities for college for Black The recess having expired, the House but equally as important is my love for men in Kansas were nonexistent. So was called to order by the Speaker pro these babies, for people who are being George Washington Carver majored in tempore (Mr. KILMER) at noon. harmed by what this President has art at Simpson College in Indianola, f done to our society. It fits perfectly in Iowa, as their only Black student. PRAYER what Alexander Hamilton called to our Encouraged by his Simpson profes- attention in Federalist Paper No. 65, sors to focus on botany, Carver trans- The Chaplain, the Reverend Patrick for what has happened to our society? ferred to Iowa State, where he earned J. Conroy, offered the following prayer: I appreciate the articles that are his bachelor’s and master’s degrees in God, Father of us all, we give You being brought now, but the harm to our science. Thereafter, in April 1896, thanks for giving us another day. society has not been eradicated. We Booker T. Washington recruited Carver Ever faithful to Your promises, we have an unapologetic President who to Tuskegee Institute’s agricultural ask Your presence with Your people, continues to cause harm to this society school in Alabama, where Carver now and forever. in the vein and sense that Alexander taught and mentored generations of The Sun grows dim and the daylight Hamilton reminded us would be im- students for the next 47 years. is measured. In the darkness, phantoms peachment. At Tuskegee, Carver developed revo- loom. The eye cannot discern as the Mr. Speaker, I love my country. lutionary techniques to improve soils distance fades. Be for us light. The SPEAKER pro tempore. Mem- depleted by repeated plantings of cot- Help the Members of Congress make bers are reminded to refrain from en- ton. Together with other agricultural clear judgments that will propel us

VerDate Sep 11 2014 04:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.002 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9955 into a blessed future. Remove any dence of innovation and improved ben- from the Federal Government all the shadowy cloud so that they might fol- efit. way down to the State government. low the patterns of Your inspirations. Why do drug companies raise the I am asking my constituents to meet O Lord of the ages, ever faithful to price of existing drugs? Because they me in Houston at 2 p.m. for a grand an- Your promises, be with us during these can. nouncement in order for the small most contentious days, and may all It is imperative that we protect pa- businesses still impacted by Hurricane that is done in the people’s House be tients from unaffordable drug prices Harvey to get grant relief, money that for Your greater honor and glory. and unjustified price increases on those is not a loan, and I am fighting for Amen. drugs. those loans to be small enough to help f f all of our small entrepreneurs. THE JOURNAL HIGHLIGHTING CRITICAL f IMPORTANCE OF USMCA The SPEAKER pro tempore. The IMPEACHMENT SHAM Chair has examined the Journal of the (Mr. THOMPSON of Pennsylvania (Mr. KELLER asked and was given last day’s proceedings and announces asked and was given permission to ad- permission to address the House for 1 to the House his approval thereof. dress the House for 1 minute and to re- minute and to revise and extend his re- Pursuant to clause 1, rule I, the Jour- vise and extend his remarks.) marks.) nal stands approved. Mr. THOMPSON of Pennsylvania. Mr. KELLER. Mr. Speaker, this week f Mr. Speaker, yesterday I was pleased Speaker PELOSI and House Democrats to join 158 of my colleagues in sending are continuing their 3-year-old quest to PLEDGE OF ALLEGIANCE a letter to Speaker PELOSI highlighting overturn the 2016 election and tear The SPEAKER pro tempore. Will the the critical importance of the USMCA down President Donald Trump. gentleman from Pennsylvania (Mr. trade agreement. Recently, Speaker PELOSI said the THOMPSON) come forward and lead the It has been nearly 400 days since current impeachment farce is not House in the Pledge of Allegiance. President Trump signed the agreement rushed because it has been going on for Mr. THOMPSON of Pennsylvania led with our two closest trading partners, 21⁄2 years. That seems to me to be ad- the Pledge of Allegiance as follows: and at long last, it seems a vote may mission of what we have known for a I pledge allegiance to the Flag of the finally be in our near future. With less long time: that the Democrats do not United States of America, and to the Repub- than 2 weeks left in the legislative cal- care how or why they impeach the lic for which it stands, one nation under God, endar, a vote is long overdue. President, so long as they do so. indivisible, with liberty and justice for all. Farmers, ranchers, manufacturers, This impeachment sham is a result of f and everyone in between will benefit a quest that began the moment Presi- from the passing of USMCA. USMCA dent Trump descended the escalator at ANNOUNCEMENT BY THE SPEAKER will help increase market opportuni- Trump Tower in 2015 to announce that PRO TEMPORE ties, keeping trade free and fair, and he was running for President. The SPEAKER pro tempore. The the projected impact on our Nation’s It is also the result of career bureau- Chair will entertain up to 15 requests agricultural industry is staggering. crats, some in the intelligence commu- for 1-minute speeches on each side of Under this new, revamped agreement, nity, and House Democrats trying to the aisle. U.S. agriculture exports are expected prevent or stop President Trump from f to increase by more than $2 billion, an- taking power out of their hands and re- nually, leading to an estimated 325,000 turning it to the people. PROTECTING PATIENTS FROM additional jobs here at home. That is Just this week we have seen evidence UNAFFORDABLE DRUG PRICES good news, not just for our local rural that the FBI has been weaponized (Mr. HIGGINS of New York asked and communities, but for each and every against the Presidential candidate; was given permission to address the American. Chairman SCHIFF abusing his power by House for 1 minute.) USMCA will help bring U.S. trade releasing phone records of Members of Mr. HIGGINS of New York. Mr. policy into the 21st century. Each day Congress and reporters, and his refusal Speaker, drug prices in the United that passes without a vote is leaving to defend a one-sided report crafted by States have been rising at rates signifi- money and opportunity on the table. him and his staff. cantly faster than anywhere else in the f Again, enough is enough. Let’s stop world for the past 25 years, according this sham and get back to the work of SMALL BUSINESS GRANT to the Commonwealth Fund. the American people. PROGRAM Investments by the Federal Govern- f ment and research form the foundation (Ms. JACKSON LEE asked and was of advances in new treatments and given permission to address the House LOWERING DRUG COSTS NOW cures. The Federal Government does for 1 minute.) (Mr. HORSFORD asked and was all the costly basic research; the phar- Ms. JACKSON LEE. Mr. Speaker, in given permission to address the House maceutical industry does all the profit- 2017, the Gulf region experienced one of for 1 minute and to revise and extend able distribution and marketing. the greatest catastrophic floods and his remarks.) Now, the Federal Government should hurricanes in our history: Mr. Speaker, Mr. HORSFORD. Mr. Speaker, I rise use its considerable leverage to nego- 51 trillion gallons of water. Neighbor- today to speak in support of H.R. 3, the tiate fair drug prices so the American hoods that have never flooded, flooded. Elijah Cummings Lower Drug Costs people can truly benefit from their tax- People in desperate conditions, res- Now Act. payer investments. I am pleased to see ervoirs breaking, dams breaking. Across America, seniors and families the House moving forward this week And I knew that we had to rescue are struggling to afford the prescrip- with H.R. 3 that will do just that. them. I introduced the first Hurricane tion drugs they need to stay healthy. We must create leverage whenever we Harvey legislation: $174 billion. One of my constituents from the can. Despite promises from President But, Mr. Speaker, there was a group rural part of my district, Christie Bal- Trump last year that drugmakers that I did not want to forget because I dock from Yerington, Nevada, was re- would announce massive voluntary know that they are entrepreneurs, and ceiving tele-healthcare through her price decreases on their products, pa- that is why I established the small Senior Care Plus coverage before her tients continue to face enormous year- business grant program, modeled after health plan cut its rural coverage. over-year drug price increases on the 9/11, that now has come into fruition Until she enrolls in another coverage, drugs they need. In the first half of with $100 million. I will go home and she will have to pay out of pocket for 2018, for every drug that saw a price de- announce this to my local community. her prescriptions. Her insulin alone crease, 96 drugs saw a price increase. The grants are grants and not loans— will be $500 each month. We also know that drug price hikes unique. They are not like the SBA. Under H.R. 3, some commonly used are almost never connected to any evi- They are grants. We fought for that insulins can cost as little as $400 per

VerDate Sep 11 2014 04:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.006 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9956 CONGRESSIONAL RECORD — HOUSE December 10, 2019 year. For Christie and for the 30.3 mil- We must continue working to im- b 1215 lion Americans who live with diabetes, prove our healthcare system, and this PROVIDING FOR CONSIDERATION we must pass H.R. 3 and lower drug marks an important step forward in en- OF H.R. 729, TRIBAL COASTAL costs now. suring medication is accessible and af- RESILIENCY ACT f fordable for everyday Americans. Mr. MORELLE. Mr. Speaker, by di- f ADDRESSING PFAS CONTAMINA- rection of the Committee on Rules, I TION AND ITS DEVASTATING EF- REMEMBERING CARLOS GREGORIO call up House Resolution 748 and ask FECTS HERNANDEZ VASQUEZ for its immediate consideration. (Mr. DELGADO asked and was given (Ms. BROWNLEY of California asked The Clerk read the resolution, as fol- permission to address the House for 1 and was given permission to address lows: minute.) the House for 1 minute.) H. RES. 748 Mr. DELGADO. Mr. Speaker, in Sep- Ms. BROWNLEY of California. Mr. Resolved, That any time after adoption of tember, I was named to the National Speaker, his name was Carlos Gregorio this resolution the Speaker may, pursuant to Defense Authorization Act conference Hernandez Vasquez. He was 16. He was clause 2(b) of rule XVIII, declare the House committee, which is tasked with recon- sick with the flu, so sick with the flu resolved into the Committee of the Whole ciling differences between the House that he passed out. He was being de- House on the state of the Union for consider- and Senate-passed defense authoriza- ation of the bill (H.R. 729) to amend the tained by U.S. Border Patrol. He laid Coastal Zone Management Act of 1972 to au- tion bills. on the floor of his cell for hours with- In this role, I believe I would have thorize grants to Indian Tribes to further out a single person coming to help him. achievement of Tribal coastal zone objec- the chance to advocate for provisions He spent hours, until he died, on the tives, and for other purposes. The first read- for PFAS contamination and its dev- floor alone. ing of the bill shall be dispensed with. All astating effects, which include thyroid When CBP detained him, they were points of order against consideration of the disease, autoimmune disorders, and responsible for his well-being. We were bill are waived. General debate shall be con- cancer. The contaminant has wreaked responsible for his well-being, and we fined to the bill and amendments specified in havoc in my district, from Hoosick this section and shall not exceed one hour failed him. equally divided and controlled by the chair Falls to Petersburgh. Some say we must create a deterrent Unfortunately, leaders in both par- and ranking minority member of the Com- from children fleeing their home coun- ties ultimately opted to hijack nego- mittee on Natural Resources. After general try. I ask, Mr. President, is this deter- debate the bill shall be considered for tiations at the eleventh hour behind rent enough for you? amendment under the five-minute rule. An closed doors and in a disturbingly un- Our country was founded on the prin- amendment in the nature of a substitute democratic fashion. In the end, nearly ciple that human rights are universal consisting of the text of Rules Committee every PFAS provision was stripped rights. It is at the very core of our Con- Print 116–40 shall be considered as adopted in from the agreement. the House and in the Committee of the While I am pleased that my bipar- stitution, our democracy, and it is why Whole. The bill, as amended, shall be consid- tisan legislation requiring PFAS this democratic experiment endures. ered as the original bill for the purpose of chemicals to be listed on the EPA’s Without it, we are nothing. further amendment under the five-minute Toxic Release Inventory was ulti- f rule and shall be considered as read. All mately included, I am, nonetheless, points of order against provisions in the bill, 12 DAYS OF SALT as amended, are waived. deeply frustrated by an incredibly (Ms. SHERRILL asked and was given SEC. 2. (a) No further amendment to the flawed process completely void of permission to address the House for 1 bill, as amended, shall be in order except transparency. minute and to revise and extend her re- those printed in the report of the Committee For this reason, I decided not to sign on Rules accompanying this resolution and the final conference report. I expected marks.) amendments en bloc described in section 3 of more from this process, and I am quite Ms. SHERRILL. Mr. Speaker, on the this resolution. certain the American people expect fifth day of SALT, my constituents (b) Each further amendment printed in the more from this body. have said to me that the SALT cap has report of the Committee on Rules shall be hit the values of their homes and considered only in the order printed in the f forced them to even sometimes sell report, may be offered only by a Member des- ENSURING MEDICATION IS their property. ignated in the report, shall be considered as ACCESSIBLE A constituent recently shared that, read, shall be debatable for the time speci- fied in the report equally divided and con- (Mr. MORELLE asked and was given when he bought his home, his father- trolled by the proponent and an opponent, permission to address the House for 1 in-law patted him on the back and told shall not be subject to amendment, and shall minute and to revise and extend his re- him he had done a great job, but last not be subject to a demand for division of the marks.) year he had to sell that home where he question in the House or in the Committee of Mr. MORELLE. Mr. Speaker, our Na- had raised his three children because the Whole. tion faces an alarming crisis: The cost he could no longer afford it. (c) All points of order against the further of prescription drugs continues to rise, Not only did my constituent have to amendments printed in the report of the move, but he had to sell his home for Committee on Rules or amendments en bloc placing a dangerous burden on Amer- described in section 3 of this resolution are ican families, especially our older citi- less than it was worth. He drew a direct waived. zens. That is why, this week, the House link to the 2017 tax bill’s SALT deduc- SEC. 3. It shall be in order at any time for is taking action to lower the cost of tion cap. the chair of the Committee on Natural Re- lifesaving medication individuals need This constituent is not alone. A sources or his designee to offer amendments to survive by passing H.R. 3, the Elijah Moody’s economist found that the en bloc consisting of amendments printed in Cummings Lower Drug Costs Now Act. SALT cap has taken a trillion-dollar the report of the Committee on Rules accom- I am especially proud this landmark hit to home values. And nowhere is panying this resolution not earlier disposed that felt more than in my district. of. Amendments en bloc offered pursuant to legislation will include a provision I this section shall be considered as read, shall authored with my colleagues, Con- Mr. Speaker, Essex County is the be debatable for 20 minutes equally divided gressman ROSE and Congressman most impacted county in the entire and controlled by the chair and ranking mi- VEASEY, to help reduce Medicare part country, with an average 11.3 percent nority member of the Committee on Natural D costs for low-income seniors. drop in home values. But counties in Resources or their designees, shall not be H.R. 3 will finally allow Medicare to Texas, New York, Illinois, and Con- subject to amendment, and shall not be sub- negotiate drug costs, and our provision necticut all rank in the top 30. ject to a demand for division of the question will ensure the cost savings go right Homeownership is the pillar of the in the House or in the Committee of the back to supporting Medicare recipients American Dream. The Federal Govern- Whole. SEC. 4. At the conclusion of consideration by expanding access to programs that ment should not be putting up barriers of the bill for amendment the Committee lower out-of-pocket expenses for vul- to owning a home. We need to get rid of shall rise and report the bill to the House nerable adults and individuals with dis- this SALT cap and stop punishing with such further amendments as may have abilities. homeowners. been adopted. The previous question shall be

VerDate Sep 11 2014 04:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.008 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9957 considered as ordered on the bill and amend- As a Member of this Congress, I know this would give D.C. veto power over ments thereto to final passage without inter- I am not alone in worrying about Federal actions affecting its coastal vening motion except one motion to recom- whether my constituents are ade- zone once it develops an approved mit with or without instructions. quately prepared for the next natural coastal zone management program. The SPEAKER pro tempore. The gen- disaster, which is not a matter of if, The loan guarantee program under tleman from New York is recognized but when. the Working Waterfront program, sec- for 1 hour. So many of us in this body, in fact tion 104, is problematic, because the Mr. MORELLE. Mr. Speaker, for the most of us, have communities that are American taxpayer will be on the hook purpose of debate only, I yield the cus- struggling to deal with climate im- for any default. tomary 30 minutes to the gentlewoman pacts. Whether it is wildfires, flooding, The National Sea Grant program is from Arizona (Mrs. LESKO), my friend, hurricanes, droughts, red tide in our popular amongst coastal members, but pending which I yield myself such time oceans, harmful blue-green algae in our the bill makes mandatory a fellowship as I may consume. During consider- lakes, the list seems to never end, but program that provides free graduate ation of this resolution, all time yield- one thing is clear: the situation is not students to congressional offices at ed is for the purpose of debate only. going to get better on its own. We need taxpayer expense. GENERAL LEAVE to act now. Mr. Speaker, I have concerns about Mr. MORELLE. Mr. Speaker, I ask H.R. 729 is an opportunity to help our the bills included in this package. For unanimous consent that all Members constituents prepare and adapt to our example, this land package addresses be given 5 legislative days to revise and climate crisis. This coastal resiliency changes to the Coastal Zone Manage- extend their remarks. legislative package not only tells the ment Act. The act signed by President The SPEAKER pro tempore. Is there American people that we care about Nixon into law in 1972 provides Federal objection to the request of the gen- preserving coastal communities and funds to States to develop plans to pre- tleman from New York? natural habitat, but proves we are will- serve, protect, and develop the re- There was no objection. ing to take the necessary actions to sources of our Nation’s coastal zones. Mr. MORELLE. Mr. Speaker, on protect coastal ecosystems and local This bill that we are debating today Monday, the Rules Committee met and economies. contains text from H.R. 2185, which reported a rule, House Resolution 748, The bill also sets in place mecha- would allow Washington, D.C., to re- providing for consideration of H.R. 729, nisms to improve ocean monitoring ceive Federal funding to develop and the Coastal and Great Lakes Commu- and research and provides necessary implement a coastal zone management nities Enhancement Act, under a struc- tools and resources for coastal commu- plan of their own. tured rule. This is an odd way to appropriate This rule provides 1 hour of debate nities to protect themselves from cli- Federal funds, as the District of Co- equally divided and controlled by the mate impacts. It is critical that we support lumbia does not have a coast. Rather, chair and ranking member of the Com- proactive initiatives to prepare for and Washington, D.C., borders the Potomac mittee on Natural Resources. The rule makes in order 29 amend- respond to our climate crisis, and this River, which eventually feeds into the ments and provides en bloc authority. legislation takes those necessary steps. Chesapeake Bay, which merges into the Finally, the rule provides one motion Mr. Speaker, I am proud to speak in Atlantic Ocean. to recommit. support of this significant piece of leg- The inclusion of Washington, D.C., in Mr. Speaker, the Coastal and Great islation, and I urge all my colleagues the Coastal Zone Management Act Lakes Communities Enhancement Act to join me in supporting its passage. would no doubt reduce the funding for brings together ten meaningful and bi- Mr. Speaker, I reserve the balance of existing participants. It also raises the partisan bills that have comprehensive my time. question of whether States that con- and necessary benefits for the Amer- Mrs. LESKO. Mr. Speaker, I thank tain rivers that lead into the ocean, ican people, and I am proud to add my Representative MORELLE for yielding such as Arkansas with the Mississippi voice in support of this much needed me the customary 30 minutes, and I River or my home State of Arizona legislation. yield myself as much time as I may with the Colorado River, should get Increased climate instability is an consume. Federal funding to create a coastal undeniable reality. All around us, we Mr. Speaker, this week, Democrats management plan. see spikes in severe weather patterns, have scheduled a series of bills on the This is a dangerous precedent to cre- rising sea levels, and destroyed eco- House floor in the name of combating ate and a poor use of precious re- systems. climate change that are actually re- sources. As natural disasters increase in fre- treads of the programs that are already This package also authorizes funds to quency and devastation, our commu- authorized and actions that are already the National Oceanic and Atmospheric nities pay the price through destroyed being taken by the Federal Govern- Administration to perform tasks that infrastructure, economic instability, ment. they already do. For example, this and even loss of life. H.R. 729 is clear proof that the Demo- package contains text from H.R. 2189, Coastal communities in particular crats have no agency and have no pri- which would authorize NOAA to con- are experiencing intense climate im- orities other than to impeach the duct the Digital Coast program. This pacts, including severe weather events, President of the United States. program supplies coastal communities sea level rise, chronic flooding, coastal Most of the bills included in this and researchers with up-to-date map- erosion, and changing oceanic condi- package duplicate existing authority ping information to address coastal tions. that the National Oceanic and Atmos- issues, such as storm preparation, flood Coastal communities and economies pheric Administration and the U.S. management, ecosystem restoration, need to adapt for climate change. Fish & Wildlife already have. Most au- and coastal development. My own district knows all too well thorizations of appropriations in the It should be noted that NOAA has al- the devastation that flood waters can bill package are, therefore, unneces- ready been conducting this program cause, as many of my neighbors are sary and are higher than current levels under the line item of Ocean and Coast- still rebuilding from the severe flood- being spent. al Management and Services since 2007. ing that we experienced in 2017 and NOAA, the agency that would be re- In other words, this bill would require again just this past spring. sponsible for carrying out most of this Federal agencies to carry out duties Within 100 miles of shoreline that legislation, stated in testimony that it that they have already been doing. fronts directly on Lake Ontario or can do and is doing most all of these Like I said earlier, this is really not nearby bays, rivers, and streams, my functions under current law. a great use of the public’s time on the district is directly impacted by lake This package also creates a precedent House floor. fluctuations, and we are experiencing of having a city, Washington, D.C., and Another example of this package di- unprecedented flood waters that erode a non-coastal one at that, as partici- recting Federal agencies to perform beaches, devastate family homes, and pating in the Coastal Zone Manage- tasks that they have already been cripple lakeside businesses. ment Act. There is a real threat that doing can be seen in the text that is

VerDate Sep 11 2014 04:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.009 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9958 CONGRESSIONAL RECORD — HOUSE December 10, 2019 drawn from H.R. 3541. This legislation thing, for the American people, when, These amendments make meaningful would establish a coastal climate in fact, this bill underscores the truth: improvements that will advance re- change adaption preparedness and re- They have and are doing nothing. search on harmful algal bloom develop- sponse program to assist States in de- Mr. Speaker, I urge opposition to the ment and open opportunities to assess veloping plans to minimize negative rule, and I reserve the balance of my the impact of water level regulating consequences of climate change and time. practices on the Great Lakes. implementation of those plans. NOAA, Mr. MORELLE. Mr. Speaker, I yield These amendments further dem- through the Coastal Zone Management myself such time as I may consume. onstrate the bipartisan work that went Act, already funds State programs re- Mr. Speaker, I want to thank my col- into this legislative package, and I lating to climate change and has al- league and friend. We serve on the thank my colleagues on the other side ready been providing assistance to Rules Committee together, and I al- who contributed to this bill. States that H.R. 3541 wants the agency ways appreciate hearing her thoughts. Policy is always better when we work to do. But I do want to make a couple of together, and I look forward to ensur- H.R. 2189 and H.R. 3541 are just two of points that I think bear being said. ing our constituents get access to the many examples in this bill that dupli- This is not a duplicative effort, and key provisions included in this bill. I cate existing authority that the Na- the need does exist. For instance, while reserve the balance of my time. tional Oceanic and Atmospheric Ad- NOAA may have the flexibility to cre- Mrs. LESKO. Mr. Speaker, I yield ministration already has under the ate a program like the working water- myself such time as I may consume. Coastal Zone Management Act. fronts program, they are not currently Mr. Speaker, with all due respect to Further, the cost of this land pack- supporting working waterfronts in the my friend Mr. MORELLE, Washington, age to the American taxpayer is im- way that the bill envisions and con- D.C., does not have a beach on the mense. According to the nonpartisan tinue to propose the elimination of ocean. Virginia does. Congressional Budget Office, the cumu- coastal zone management grants. Mr. Speaker, if we defeat the pre- lative cost of this package would cost The amount of need for coastal zone vious question, I will offer an amend- as much as $1.4 billion more than what management grants far exceeds the ment to the rule to consider H. Res. is already being spent over the author- amount made available for grants each 750, which expresses the sense of the ized periods. year, so this bill would direct NOAA to House that it is the duty of the Federal Even worse, these bills have the po- create a grant program and a loan pro- Government to protect and promote in- tential for an additional cost of $292 gram to support working waterfront dividual choice and health insurance million outside of the bill’s authorized activities and would also authorize for the American people and prevent windows if certain conditions are met. extra funding to make that happen. any Medicare for All proposal that With over $22 trillion in debt, we Also, I wanted to make a point as it would outlaw private health insurance should not be moving bills that are du- relates to the District of Columbia, plans, such as employer-based coverage plicative, repetitive, and unnecessarily which sits at the confluence of the Po- and Medicare Advantage plans. expensive. tomac and the Anacostia Rivers and Mr. Speaker, I ask unanimous con- lies mostly in the coastal plain. It is sent to insert the text of my amend- b 1230 also bordered by the coastal States of ment in the RECORD, along with extra- We need to be responsible with the Virginia and Maryland, whose adjoin- neous material, immediately prior to hardworking taxpayers’ money. ing waterways are included in their the vote on the previous question. Why can’t we discuss land packages States’ coastal zones. The shorelines of The SPEAKER pro tempore. Is there that have more bipartisan support and Arlington and Alexandria, Virginia, objection to the request of the gentle- do not cost a fortune to the taxpayer? and Prince George’s County, Maryland, woman from Arizona? Back in February 2019, we all voted are included in their States’ coastal There was no objection. on S. 47, the John D. Dingell, Jr. Con- zones programs. Mrs. LESKO. Mr. Speaker, I hear servation, Management, and Recre- To clarify, the Virginia side of the from my constituents regularly—and I ation Act. The bill received over- Potomac is eligible, while the District have a lot of senior citizens—that they whelming support from Republicans of Columbia side is not. Inclusion of are afraid of a Medicare for All ap- and Democrats in both Chambers and the District of Columbia would simply proach. was signed into law by President connect this gap and subject it to sub- They understand that a one-size-fits- Trump. This bipartisan legislation per- mission and approval of the coastal all, government-run healthcare system manently reauthorized the Land and zone management plan. Coastal floods will not work. That is because whether Water Conservation Fund and pro- do not recognize State borders, and the it is called a single-payer system or a tected hunting and fishing rights while District of Columbia is at risk of con- socialist system, Medicare for All con- also reforming various aspects of the tinued and increasing flooding. stitutes a complete government take- Federal lands governance system. Since 1950, NOAA reports a 343 per- over of healthcare in America. The CBO estimated that S. 47 would cent increase in nuisance flooding in Medicare for All will end, eliminate, decrease direct Federal spending by $9 the District of Columbia, and a single private health insurance plans. It will million over a 10-year period. I believe 100-year flood event could cost over $1.2 eliminate the current Medicare. It will that effectively balancing conservation billion in damages, including damages eliminate all Medicare Advantage practices, resource development, and to Federal property. plans like my mother is on, and replace recreation, along with saving taxpayer I also want to note that in addition it, instead, with a one-size-fits-all, gov- dollars, is very important. to consolidating 10 bipartisan bills, the ernment-controlled healthcare plan. This land package that we are cur- legislation also includes a range of bi- Just like ObamaCare, even if you like rently debating today does not even partisan amendments. I am proud that your plan, you will not be able to keep come close to the success that this my own amendment will be included. It it. House had experienced with S. 47. ensures 5 percent of funds for the work- Passage of Medicare for All would Ultimately, this package highlights ing waterfronts grant program will be push over 150 million Americans off the real opportunity cost of impeach- used for technical assistance, and this their health insurance plans and into ment. The Democrats have rallied and will help States and local governments government health insurance plans. promised real, sweeping policies to ad- with early-stage resources, planning Further, while no version of Medicare dress what they call the climate crisis. assistance, and additional expertise. for All has yet received a budget score, However, they have been so consumed Additionally, I would like to high- Senator BERNIE SANDERS’ version of with attacking our President and with light two other amendments led by my Medicare for All did receive estimated impeachment that they have nothing friend and colleague Representative scores from two outside groups. to show for it. JOHN KATKO, who represents Syracuse, In 2016, the Urban Institute cal- This bill is nothing more than an at- New York, just to the east of my dis- culated that Senator SANDERS’ tempt by the majority to portray trict. Both of those amendments I am healthcare proposals would increase themselves as doing something, any- pleased to cosponsor. Federal funding by a whopping $32.6

VerDate Sep 11 2014 04:40 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.012 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9959 trillion over 10 years. Separately, in program results in no choice for Ameri- In closing, I want to emphasize to my June 2018, the Mercatus Center esti- cans. friends across the aisle that we should mated that Medicare for All would in- Consumers value discounts for good be bringing legislation to this floor crease Federal spending by $32 trillion health, flexible spending accounts, and that showcases how we can work to- over 10 years. health savings account programs that gether. However, this package ulti- Our national debt is a national secu- would all but disappear in a Medicare mately highlights the real opportunity rity crisis, and we must work together for All world. cost of impeachment. to combat it, not increase costs. The New York Times reported rural The Democrats have rallied for Mr. Speaker, I yield 4 minutes to the hospitals are saying that they would months now and promised real, sweep- gentleman from Texas (Mr. BURGESS), virtually close overnight, while others ing policies to address what they call my good friend. have said they would try to offset the the climate crisis. However, they have Mr. BURGESS. Mr. Speaker, H. Res. steep cuts by laying off hundreds of been so consumed with attacking our 750 expresses the sense of Congress that thousands of workers and abandoning President and impeachment that they individual choice in health insurance lower paying services, such as services have nothing to show for it. In an at- should be protected. Almost 160 million for mental health. tempt to satisfy their base that they Americans under 65 years of age are en- Other countries with socialized medi- are doing something about climate rolled in employer-sponsored health in- cine have seen increased wait times. In change, they are, instead, in this pack- surance, and another 14 million Ameri- Canada, the wait time for a specialist age, just repeating things already cans under 65 have purchased their own consultation is over 9 weeks. Ameri- being done, but it is at a higher cost. private health insurance. cans deserve to have better access to Mr. Speaker, I urge ‘‘no’’ on the pre- Additionally, an increasing number healthcare than the long waiting lists vious question and ‘‘no’’ on the under- of Americans are taking advantage of and lower quality care found in other lying measure, and I yield back the the robust choices in Medicare Advan- nations. balance of my time. Single-payer healthcare would be an- tage plans. According to the Congres- b 1245 other failed attempt at a one-size-fits- sional Budget Office, the number of in- Mr. MORELLE. Mr. Speaker, I yield dividuals with employer-sponsored in- all approach to healthcare. Single- payer is not one size fits all. It is one myself the balance of my time. surance has increased by 3 million Mr. Speaker, the next devastating since President Trump took office, size fits no one. It is critical that this Congress maintain access to healthcare flood or natural disaster is not if, but largely an effect of our great economy. when, and we have a choice to make Right now, the Energy and Com- choices and build upon what is working in our healthcare system. here today: We can either help our merce Committee is holding a hearing communities prepare and prosper for on one-size-fits-all healthcare. Being I urge my fellow Members to vote ‘‘no’’ on the previous question so that years to come or continue to drag our discussed are nine bills that serve to feet and face the dire consequences. lay the groundwork toward socialized we can support H. Res. 750. Mr. MORELLE. Mr. Speaker, I yield We owe it to ourselves, to our con- medicine in the United States. stituents, and to future generations to I fear that if House Democrats de- myself such time as I may consume. Mr. Speaker, I urge a ‘‘yes’’ vote on get this right, and I, personally, want clare this their north star, as they did the previous question and to move on to be on the right side of history when in the hearing today, it abandons the to a vote on the rule. we look back on this climate crisis. health insurance options that Ameri- Even if the previous question was de- The work we are doing here is not du- cans have said are working for them. feated, the amendment would not be plicative or onerous; it is smart, mean- Medicare for All would eliminate pri- able to move as the gentlewoman sug- ingful, and bipartisan, and I look for- vate insurance, eliminate employer- gests. The amendment is not germane ward to its passage. sponsored health insurance, eliminate to the bill on natural resources. I would like to thank all my col- Medicaid, and eliminate the Children’s Obviously, this is an attempt to ob- leagues for their support of H.R. 729, Health Insurance Program, upon which scure what we are attempting to do, the Coastal and Great Lakes Commu- many Americans depend. I am con- which is, we can either help coastal nities Enhancement Act. cerned about the consequences for ex- communities plan and prosper for a re- I especially would like to thank isting Medicare beneficiaries, as this silient future, or we can continue to Chairman GRIJALVA for his leadership policy would more rapidly deplete the delay and pay. and the commitment of his committee Medicare trust fund, which is already Forty-two percent of Americans live on this effort. slated to be insolvent in 2026. in coastal communities. Working wa- I applaud and thank the sponsor, Mr. The practical effect of that is no doc- terfronts employ more than 2 million KILMER, for his leadership on this im- tor, no hospital, could be reimbursed people. Great Lakes fisheries alone portant legislation and Chairman by Medicare under law once that trust support more than 75,000 jobs, and MCGOVERN for his work to move this fund is exhausted. healthy fish habitats support a rec- legislation to the floor. Our Nation’s seniors depend on the reational fishing industry that pro- Mr. Speaker, I urge a ‘‘yes’’ vote on existence of Medicare for their health vides more than 800,000 jobs to Amer- the rule and a ‘‘yes’’ vote on the pre- needs in retirement. More than 70 per- ican citizens. vious question. cent of Americans are satisfied with Coastal communities around the The material previously referred to their employer-sponsored health insur- country are experiencing intense cli- by Mrs. LESKO is as follows: ance. It provides robust protections for mate impacts, including severe weath- AMENDMENT TO HOUSE RESOLUTION 748 all individuals, and since 1996, it has er events, sea level rise, chronic flood- At the end of the resolution, add the fol- provided protections for preexisting ing, coastal erosion, and changing lowing: conditions. SEC. 5. Immediately upon adoption of this ocean conditions. resolution, the House shall proceed to the This is why it is so important that Coastal communities and economies we protect individuals’ employer-spon- consideration in the House of the resolution need to adapt for climate change, and (H. Res. 750) expressing the sense of the sored insurance for the majority of H.R. 729 will help communities do just House of Representatives that individual Americans who would like to keep it. that. choice in health insurance should be pro- According to one study by America’s Mr. Speaker, I reserve the balance of tected. The resolution shall be considered as health insurance plans, consumers pre- my time. read. The previous question shall be consid- fer greater market competition rather Mrs. LESKO. Mr. Speaker, I yield ered as ordered on the resolution and pre- than greater government involvement. myself such time as I may consume. amble to adoption without intervening mo- Medicare for All is a complete gov- Mr. Speaker, I have no more speak- tion or demand for division of the question ernment takeover of the healthcare in- ers. However, I do want to say that I except one hour of debate equally divided and controlled by the chair and ranking mi- dustry. This same study found that believe that the amendment, if the pre- nority member of the Committee on Energy consumer satisfaction is driven by vious question is defeated, is germane and Commerce. Clause 1(c) of rule XIX shall comprehensive coverage, affordability, because it applies to the rule and not not apply to the consideration of House Res- and choice. A one-size-fits-all health to the bill itself. olution 750.

VerDate Sep 11 2014 04:40 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.014 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9960 CONGRESSIONAL RECORD — HOUSE December 10, 2019 Mr. MORELLE. Mr. Speaker, I yield this section with a large station group by desig- SEC. 4. REQUIREMENTS RELATING TO CHARGES back the balance of my time, and I nating a qualified MVPD buying group to nego- FOR COVERED SERVICES. tiate on its behalf, so long as the qualified (a) IN GENERAL.—Part IV of title VI of the move the previous question on the res- Communications Act of 1934 (47 U.S.C. 551 et olution. MVPD buying group itself negotiates in good faith in accordance with such clause; seq.) is amended by adding at the end the fol- The SPEAKER pro tempore. The ‘‘(II) it is a violation of the obligation to nego- lowing: question is on ordering the previous tiate in good faith under clause (iii) for the ‘‘SEC. 642. REQUIREMENTS RELATING TO question. qualified MVPD buying group to disclose the CHARGES FOR COVERED SERVICES. The question was taken; and the prices, terms, or conditions of an ongoing nego- ‘‘(a) CONSUMER RIGHTS IN SALES.— Speaker pro tempore announced that tiation or the final terms of a negotiation to a ‘‘(1) RIGHT TO TRANSPARENCY.—Before enter- the ayes appeared to have it. member of the qualified MVPD buying group ing into a contract with a consumer for the pro- that is not intending, or is unlikely, to enter vision of a covered service, a provider of a cov- Mrs. LESKO. Mr. Speaker, on that I ered service shall provide the consumer, by demand the yeas and nays. into the final terms negotiated by the qualified MVPD buying group; and phone, in person, online, or by other reasonable The yeas and nays were ordered. ‘‘(III) a large station group has an obligation means, the total monthly charge for the covered The SPEAKER pro tempore. Pursu- to negotiate in good faith under clause (ii) with service, whether offered individually or as part ant to clause 8 of rule XX, further pro- respect to a negotiation for retransmission con- of a bundled service, selected by the consumer ceedings on this question will be post- sent under this section with a qualified MVPD (explicitly noting the amount of any applicable poned. buying group.’’. promotional discount reflected in such charge and when such discount will expire), including f (b) DEFINITIONS.—Section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)) any related administrative fees, equipment fees, ANNOUNCEMENT BY THE SPEAKER is amended— or other charges, a good faith estimate of any PRO TEMPORE (1) in subparagraph (A), by striking ‘‘; and’’ tax, fee, or charge imposed by the Federal Gov- and inserting a semicolon; ernment or a State or local government (whether The SPEAKER pro tempore (Mr. (2) in subparagraph (B), by striking the period imposed on the provider or imposed on the con- MORELLE). Pursuant to clause 8 of rule at the end and inserting a semicolon; and sumer but collected by the provider), and a good XX, the Chair will postpone further (3) by adding at the end the following: faith estimate of any fee or charge that is used proceedings today on motions to sus- ‘‘(C) ‘qualified MVPD buying group’ means to recover any other assessment imposed on the pend the rules on which a recorded vote an entity that, with respect to a negotiation provider by the Federal Government or a State or the yeas and nays are ordered, or with a large station group for retransmission or local government. ‘‘(2) RIGHT TO FORMAL NOTICE.—A provider of votes objected to under clause 6 of rule consent under this section— ‘‘(i) negotiates on behalf of two or more multi- a covered service that enters into a contract de- XX. scribed in paragraph (1) shall, not later than 24 The House will resume proceedings channel video programming distributors— ‘‘(I) none of which is a multichannel video hours after entering into the contract, send the on postponed questions at a later time. programming distributor that serves more than consumer, by email, online link, or other reason- f 500,000 subscribers nationally; and ably comparable means, a copy of the informa- tion described in such paragraph. TELEVISION VIEWER PROTECTION ‘‘(II) that do not collectively serve more than 25 percent of all households served by a multi- ‘‘(3) RIGHT TO CANCEL.—A provider of a cov- ACT OF 2019 channel video programming distributor in any ered service that enters into a contract described in paragraph (1) shall permit the consumer to Mr. MICHAEL F. DOYLE of Pennsyl- single local market in which the applicable large station group operates; and cancel the contract, without paying early can- vania. Mr. Speaker, I move to suspend cellation fees or other disconnection fees or pen- ‘‘(ii) negotiates agreements for such retrans- the rules and pass the bill (H.R. 5035) to alties, during the 24-hour period beginning mission consent— amend the Communications Act of 1934 when the provider of the covered service sends ‘‘(I) that contain standardized contract provi- the copy required by paragraph (2). to extend expiring provisions relating sions, including billing structures and technical ‘‘(b) CONSUMER RIGHTS IN E-BILLING.—If a to the retransmission of signals of tele- quality standards, for each multichannel video provider of a covered service provides a bill to a vision broadcast stations, and for other programming distributor on behalf of which the consumer in an electronic format, the provider purposes, as amended. entity negotiates; and shall include in the bill— ‘‘(II) under which the entity assumes liability The Clerk read the title of the bill. ‘‘(1) an itemized statement that breaks down to remit to the applicable large station group all The text of the bill is as follows: the total amount charged for or relating to the fees received from the multichannel video pro- H.R. 5035 provision of the covered service by the amount gramming distributors on behalf of which the charged for the provision of the service itself Be it enacted by the Senate and House of Rep- entity negotiates; and the amount of all related taxes, administra- resentatives of the United States of America in ‘‘(D) ‘large station group’ means a group of Congress assembled, tive fees, equipment fees, or other charges; television broadcast stations that— ‘‘(2) the termination date of the contract for SECTION 1. SHORT TITLE. ‘‘(i) are directly or indirectly under common the provision of the covered service entered into This Act may be cited as the ‘‘Television de jure control permitted by the regulations of between the consumer and the provider; and Viewer Protection Act of 2019’’. the Commission; ‘‘(3) the termination date of any applicable SEC. 2. EXTENSION OF AUTHORITY. ‘‘(ii) generally negotiate agreements for re- promotional discount. Section 325(b) of the Communications Act of transmission consent under this section as a sin- ‘‘(c) CONSUMER RIGHTS TO ACCURATE EQUIP- 1934 (47 U.S.C. 325(b)) is amended— gle entity; and MENT CHARGES.—A provider of a covered service (1) in paragraph (2)(C), by striking ‘‘December ‘‘(iii) include only television broadcast sta- or fixed broadband internet access service may 31, 2019’’ and inserting ‘‘the expiration date, if tions that have a national audience reach of not charge a consumer for— any, described in section 119(h) of title 17, more than 20 percent; ‘‘(1) using covered equipment provided by the United States Code’’; and ‘‘(E) ‘local market’ has the meaning given consumer; or (2) in paragraph (3)(C), by striking ‘‘until such term in section 122(j) of title 17, United ‘‘(2) renting, leasing, or otherwise providing to January 1, 2020,’’ each place it appears. States Code; and the consumer covered equipment if— SEC. 3. SATISFACTION OF GOOD FAITH NEGOTIA- ‘‘(F) ‘multichannel video programming dis- ‘‘(A) the provider has not provided the equip- TION REQUIREMENT BY MULTI- tributor’ has the meaning given such term in ment to the consumer; or CHANNEL VIDEO PROGRAMMING section 602.’’. ‘‘(B) the consumer has returned the equipment DISTRIBUTORS. (c) CONFORMING AMENDMENTS.—Section 325(b) to the provider, except to the extent that the (a) SATISFACTION OF GOOD FAITH NEGOTIA- of the Communications Act of 1934 (47 U.S.C. charge relates to the period beginning on the TION REQUIREMENT.—Section 325(b)(3)(C) of the 325(b)) is amended— date when the provider provided the equipment Communications Act of 1934 (47 U.S.C. (1) in paragraph (2)— to the consumer and ending on the date when 325(b)(3)(C)) is amended— (A) by inserting ‘‘and’’ after ‘‘1992,’’; and the consumer returned the equipment to the pro- (1) in clause (iv), by striking ‘‘; and’’ and in- (B) by striking ‘‘, and the term ‘local market’ vider. serting a semicolon; has the meaning given that term in section 122(j) ‘‘(d) DEFINITIONS.—In this section: (2) in clause (v), by striking the period at the of such title’’; and ‘‘(1) BROADBAND INTERNET ACCESS SERVICE.— end and inserting ‘‘; and’’; and (2) in paragraph (3)(C), by striking ‘‘(as de- The term ‘broadband internet access service’ has (3) by adding at the end the following: fined in section 122(j) of title 17, United States the meaning given such term in section 8.1(b) of ‘‘(vi) not later than 90 days after the date of Code)’’ each place it appears. title 47, Code of Federal Regulations, or any the enactment of the Television Viewer Protec- (d) EFFECTIVE DATE.—The amendments made successor regulation. tion Act of 2019, specify that— by this section, and the regulations promulgated ‘‘(2) COVERED EQUIPMENT.—The term ‘covered ‘‘(I) a multichannel video programming dis- by the Federal Communications Commission equipment’ means equipment (such as a router) tributor may satisfy its obligation to negotiate under such amendments, shall not take effect employed on the premises of a person (other in good faith under clause (iii) with respect to before January 1 of the calendar year after the than a provider of a covered service or fixed a negotiation for retransmission consent under calendar year in which this Act is enacted. broadband internet access service) to provide a

VerDate Sep 11 2014 04:40 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\K10DE7.018 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9961 covered service or to provide fixed broadband RECESS ‘‘(vi) If applicable, the fact that there was internet access service. The SPEAKER pro tempore. Pursu- no return filed. ‘‘(3) COVERED SERVICE.—The term ‘covered ‘‘(B) DISCHARGE OF LOAN BASED ON TOTAL ant to clause 12(a) of rule I, the Chair service’ means service provided by a multi- AND PERMANENT DISABILITY.—The Secretary channel video programming distributer, to the declares the House in recess for a pe- shall, upon written request from the Sec- extent such distributor is acting as a multi- riod of less than 15 minutes. retary of Education, disclose to any author- channel video programming distributor.’’. Accordingly (at 12 o’clock and 51 ized person, only for the purpose of (and to (b) EFFECTIVE DATE.—Section 642 of the Com- minutes p.m.), the House stood in re- the extent necessary in) monitoring and re- munications Act of 1934, as added by subsection cess. instating loans under title IV of the Higher (a) of this section, shall apply beginning on the f Education Act of 1965 that were discharged date that is 6 months after the date of the enact- based on a total and permanent disability ment of this Act. The Federal Communications b 1259 (within the meaning of section 437(a) of such Commission may grant an additional 6-month AFTER RECESS Act), the following return information from extension if the Commission finds that good The recess having expired, the House returns (for any taxable year specified by the cause exists for such an additional extension. Secretary of Education as relevant to such was called to order by the Speaker pro The SPEAKER pro tempore. Pursu- purpose) of an individual certified by the tempore (Mr. BUTTERFIELD) at 12 Secretary of Education as having provided ant to the rule, the gentleman from o’clock and 59 minutes p.m. Pennsylvania (Mr. MICHAEL F. DOYLE) approval under section 494(a)(3) of such Act and the gentleman from Oregon (Mr. f (as in effect on the date of enactment of this paragraph) for such disclosure: WALDEN) each will control 20 minutes. FOSTERING UNDERGRADUATE ‘‘(i) The return information described in The Chair recognizes the gentleman TALENT BY UNLOCKING RE- clauses (i), (ii), and (vi) of subparagraph (A). from Pennsylvania. SOURCES FOR EDUCATION ACT ‘‘(ii) The return information described in GENERAL LEAVE Ms. ADAMS. Mr. Speaker, I move to subparagraph (C)(ii). Mr. MICHAEL F. DOYLE of Pennsyl- suspend the rules and pass the bill ‘‘(C) FEDERAL STUDENT FINANCIAL AID.—The Secretary shall, upon written request from vania. Mr. Speaker, I ask unanimous (H.R. 5363), to reauthorize mandatory the Secretary of Education, disclose to any consent that all Members may have 5 funding programs for historically Black colleges and universities and authorized person, only for the purpose of legislative days in which to revise and (and to the extent necessary in) determining extend their remarks and include ex- other minority-serving institutions, eligibility for, and amount of, Federal stu- traneous material on H.R. 5035. and for other purposes, as amended. dent financial aid under a program author- The SPEAKER pro tempore. Is there The Clerk read the title of the bill. ized under subpart 1 of part A, part C, or part The text of the bill is as follows: objection to the request of the gen- D of title IV of the Higher Education Act of tleman from Pennsylvania? H.R. 5363 1965 the following return information from There was no objection. Be it enacted by the Senate and House of Rep- returns (for the taxable year used for pur- resentatives of the United States of America in poses of section 480(a) of such Act) of an indi- Mr. MICHAEL F. DOYLE of Pennsyl- Congress assembled, vidual certified by the Secretary of Edu- vania. Mr. Speaker, I yield myself such SECTION 1. SHORT TITLE; REFERENCES. cation as having provided approval under time as I may consume. This Act may be cited as the ‘‘Fostering section 494(a)(1) of such Act (as in effect on Mr. Speaker, the Television Viewer Undergraduate Talent by Unlocking Re- the date of enactment of this paragraph) for Protection Act will help ensure that sources for Education Act’’ or the ‘‘FUTURE such disclosure: millions of Americans, including near- Act’’. ‘‘(i) Return information described in ly 1 million satellite television cus- SEC. 2. CONTINUED SUPPORT FOR MINORITY- clauses (i) through (vi) of subparagraph (A). SERVING INSTITUTIONS. tomers, will not lose access to broad- ‘‘(ii) The amount of any net earnings from Section 371(b)(1)(A) of the Higher Edu- self-employment (as defined in section cast television content. cation Act of 1965 (20 U.S.C. 1067q(b)(1)(A)) is 1402(a)), wages (as defined in section 3121(a) It is important we get this legisla- amended by striking ‘‘for each of the fiscal or 3401(a)), and taxable income from a farm- tion passed and to the President’s desk years 2008 through 2019.’’ and all that follows ing business (as defined in section 236A(e)(4)). before the end of the year. I urge our through the end of the subparagraph and in- ‘‘(iii) Amount of total income tax. colleagues in the Senate to take this serting ‘‘for fiscal year 2020 and each fiscal ‘‘(iv) Amount of any credit allowed under year thereafter.’’. bill up and move it through their section 25A. SEC. 3. SECURE DISCLOSURE OF TAX-RETURN IN- Chamber as quickly as possible. ‘‘(v) Amount of individual retirement ac- FORMATION TO CARRY OUT THE count distributions not included in adjusted Mr. Speaker, I reserve the balance of HIGHER EDUCATION ACT OF 1965. gross income. my time. (a) IN GENERAL.—Paragraph (13) of section 6103(l) of the Internal Revenue Code of 1986 is ‘‘(vi) Amount of individual retirement ac- Mr. WALDEN. Mr. Speaker, I yield count contributions and payments to self- myself such time as I may consume. amended to read as follows: ‘‘(13) DISCLOSURE OF RETURN INFORMATION employed SEP, Keogh, and other qualified Mr. Speaker, I, too, rise in support of TO CARRY OUT THE HIGHER EDUCATION ACT OF plans which were deducted from income. H.R. 5035, the Television Viewer Pro- 1965.— ‘‘(vii) Amount of tax-exempt interest re- tection Act, and I commend my col- ‘‘(A) APPLICATIONS AND RECERTIFICATIONS ceived. leagues on the other side of the aisle FOR INCOME-CONTINGENT OR INCOME-BASED RE- ‘‘(viii) Amounts from retirement pensions for the bipartisan work we have done PAYMENT.—The Secretary shall, upon written and annuities not included in adjusted gross request from the Secretary of Education, dis- income. on this measure. ‘‘(ix) If applicable, the fact that any of the Mr. Speaker, I yield back the balance close to any authorized person, only for the purpose of (and to the extent necessary in) following schedules (or equivalent successor of my time. determining eligibility for, or repayment ob- schedules) were filed with the return: Mr. MICHAEL F. DOYLE of Pennsyl- ligations under, income-contingent or in- ‘‘(I) Schedule A. vania. Mr. Speaker, I urge all our col- come-based repayment plans under title IV ‘‘(II) Schedule B. leagues to support this very important of the Higher Education Act of 1965 with re- ‘‘(III) Schedule D. bill. I thank my friend for his coopera- spect to loans under part D of such title, the ‘‘(IV) Schedule E. tion, and I yield back the balance of following return information from returns ‘‘(V) Schedule F. ‘‘(VI) Schedule H. my time. (for any taxable year specified by the Sec- retary of Education as relevant to such pur- ‘‘(x) If applicable, the amount reported on The SPEAKER pro tempore. The pose) of an individual certified by the Sec- Schedule C (or an equivalent successor question is on the motion offered by retary of Education as having provided ap- schedule) as net profit or loss. the gentleman from Pennsylvania (Mr. proval under section 494(a)(2) of such Act (as ‘‘(D) ADDITIONAL USES OF DISCLOSED INFOR- MICHAEL F. DOYLE) that the House sus- in effect on the date of enactment of this MATION.— pend the rules and pass the bill, H.R. paragraph) for such disclosure: ‘‘(i) IN GENERAL.—In addition to the pur- 5035, as amended. ‘‘(i) Taxpayer identity information. poses for which information is disclosed The question was taken; and (two- ‘‘(ii) Filing status. under subparagraphs (A), (B), and (C), return thirds being in the affirmative) the ‘‘(iii) Adjusted gross income. information so disclosed may be used by an ‘‘(iv) Total number of exemptions claimed, authorized person, with respect to income- rules were suspended and the bill, as if applicable. contingent or income-based repayment amended, was passed. ‘‘(v) Number of dependents taken into ac- plans, awards of Federal student financial A motion to reconsider was laid on count in determining the credit allowed aid under a program authorized under sub- the table. under section 24. part 1 of part A, part C, or part D of title IV

VerDate Sep 11 2014 04:40 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.011 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9962 CONGRESSIONAL RECORD — HOUSE December 10, 2019 of the Higher Education Act of 1965, and dis- (1) regarding redisclosures of return infor- SEC. 5. AUTOMATIC INCOME MONITORING PRO- charges of loans based on a total and perma- mation under subparagraph (D)(iii) of sec- CEDURES AFTER A TOTAL AND PER- nent disability (within the meaning of sec- tion 6103(l)(13) of the Internal Revenue Code MANENT DISABILITY DISCHARGE. tion 437(a) of such Act), for purposes of— of 1986, including the number of such re- Section 437(a) of the Higher Education Act ‘‘(I) reducing the net cost of improper pay- disclosures, and of 1965 (20 U.S.C. 1087(a)) is amended by add- ments under such plans, relating to such (2) regarding any unauthorized use, access, ing at the end the following: ‘‘(3) AUTOMATIC INCOME MONITORING.— awards, or relating to such discharges, or disclosure of return information disclosed ‘‘(A) IN GENERAL.—The Secretary shall es- ‘‘(II) oversight activities by the Office of under such section. tablish and implement, with respect to any Inspector General of the Department of Edu- (g) REPORT TO CONGRESS.—The Secretary of borrower described in subparagraph (B), pro- cation as authorized by the Inspector Gen- the Treasury (or the Secretary’s designee) cedures to— eral Act of 1978, and shall annually submit a written report to ‘‘(i) use return information disclosed under ‘‘(III) conducting analyses and forecasts for Congress regarding disclosures under section section 6103(l)(13) of the Internal Revenue estimating costs related to such plans, 6103(l)(13) of the Internal Revenue Code of Code of 1986, pursuant to approval provided awards, or discharges. 1986, including information provided to the under section 494, to determine the bor- ‘‘(ii) LIMITATION.—The purposes described Secretary under subsection (f). rower’s continued eligibility for the loan dis- in clause (i) shall not include the conduct of SEC. 4. AUTOMATIC RECERTIFICATION OF IN- charge described in subparagraph (B); criminal investigations or prosecutions. COME. (a) INCOME-CONTINGENT REPAYMENT.— ‘‘(ii) allow the borrower, at any time, to ‘‘(iii) REDISCLOSURE TO INSTITUTIONS OF (1) IN GENERAL.—Section 455(e) of the High- opt out of disclosure under such section HIGHER EDUCATION, STATE HIGHER EDUCATION er Education Act of 1965 (20 U.S.C. 1087e(e)) is 6103(l)(13) and instead provide such informa- AGENCIES, AND DESIGNATED SCHOLARSHIP OR- amended by adding at the end the following: tion as the Secretary may require to deter- GANIZATIONS.—Authorized persons may redis- ‘‘(8) AUTOMATIC RECERTIFICATION.— mine the borrower’s continued eligibility for close return information received under sub- ‘‘(A) IN GENERAL.—The Secretary shall es- such loan discharge; and paragraph (C), solely for the use in the appli- tablish and implement, with respect to any ‘‘(iii) provide the borrower with an oppor- cation, award, and administration of finan- borrower described in subparagraph (B), pro- tunity to update the return information so cial aid awarded by the Federal government cedures to— disclosed before determination of such bor- or awarded by a person described in sub- ‘‘(i) use return information disclosed under rower’s continued eligibility for such loan clause (I), (II), or (III), to the following per- section 6103(l)(13) of the Internal Revenue discharge. sons: Code of 1986, pursuant to approval provided ‘‘(B) APPLICABILITY.—Subparagraph (A) ‘‘(I) An institution of higher education par- under section 494, to determine the repay- shall apply— ticipating in a program under subpart 1 of ment obligation of the borrower without fur- ‘‘(i) to each borrower of a loan that is dis- part A, part C, or part D of title IV of the ther action by the borrower; charged due to the total and permanent dis- Higher Education Act of 1965. ‘‘(ii) allow the borrower (or the spouse of ability (within the meaning of this sub- ‘‘(II) A State higher education agency. the borrower), at any time, to opt out of dis- section) of the borrower; and ‘‘(III) A scholarship organization which is closure under such section 6103(l)(13) and in- ‘‘(ii) during the period beginning on the an entity designated (prior to the date of the stead provide such information as the Sec- date on which such loan is so discharged and enactment of this clause) by the Secretary of retary may require to determine the repay- ending on the first day on which such loan Education under section 483(a)(3)(E) of such ment obligation of the borrower (or with- may no longer be reinstated.’’. Act. draw from the repayment plan under this SEC. 6. PROCEDURE AND REQUIREMENTS FOR This clause shall only apply to the extent subsection); and REQUESTING TAX RETURN INFOR- that the taxpayer with respect to whom the ‘‘(iii) provide the borrower with an oppor- MATION FROM THE INTERNAL REV- ENUE SERVICE. return information relates provides written tunity to update the return information so consent for such redisclosure to the Sec- (a) IN GENERAL.—Part G of title IV of the disclosed before the determination of the re- Higher Education Act of 1965 (20 U.S.C. 1088 retary of Education. payment obligation of the borrower. ‘‘(E) AUTHORIZED PERSON.—For purposes of et seq.) is amended by adding at the end the ‘‘(B) APPLICABILITY.—Subparagraph (A) following: this paragraph, the term ‘authorized person’ shall apply to each borrower of a loan made means, with respect to information disclosed ‘‘SEC. 494. PROCEDURE AND REQUIREMENTS FOR under this part who, on or after the date on REQUESTING TAX RETURN INFOR- under subparagraph (A), (B), or (C), any per- which the Secretary establishes procedures son who— MATION FROM THE INTERNAL REV- under such subparagraph— ENUE SERVICE. ‘‘(i) is an officer, employee, or contractor, ‘‘(i) selects, or is required to repay such ‘‘(a) NOTIFICATION AND APPROVAL REQUIRE- of the Department of Education, and loan pursuant to, an income-contingent re- MENTS.— ‘‘(ii) is specifically authorized and des- payment plan; or ‘‘(1) FEDERAL STUDENT FINANCIAL AID.—In ignated by the Secretary of Education for ‘‘(ii) recertifies income or family size the case of any written or electronic applica- purposes of such subparagraph (applied sepa- under such plan.’’. tion under section 483 by an individual for rately with respect to each such subpara- (2) CONFORMING AMENDMENT.—Section Federal student financial aid under a pro- graph). 455(e)(6) of the Higher Education Act of 1965 gram authorized under subpart 1 of part A, ‘‘(F) JOINT RETURNS.—In the case of a joint (20 U.S.C. 1087e(e)(6)) is amended— part C, or part D, the Secretary, with respect return, any disclosure authorized under sub- (A) by striking ‘‘including notification of to such individual and any parent or spouse paragraph (A), (B), or (C) with respect to an such borrower’’ and all that follows through whose financial information is required to be individual shall be treated for purposes of ‘‘that if a borrower’’ and inserting ‘‘includ- provided on such application, shall— this paragraph as applying with respect to ing notification of such borrower, that if a ‘‘(A) notify such individuals that— the taxpayer.’’. borrower’’; and ‘‘(i) if such individuals provide approval (b) CONFIDENTIALITY OF RETURN INFORMA- (B) by striking ‘‘as determined using the under subparagraph (B), the Secretary will TION.—Section 6103(a)(3) of such Code is information described in subparagraph (A), have the authority to request that the Sec- amended by inserting ‘‘, (13)’’ after ‘‘(12)’’. or the alternative documentation described retary of the Treasury disclose return infor- (c) CONFORMING AMENDMENTS.— in paragraph (3)’’. mation of such individuals to authorized per- (1) Section 6103(p)(3)(A) of such Code is (b) INCOME-BASED REPAYMENT.—Section sons (as defined in section 6103(l)(13) of the amended by striking ‘‘(13)’’. 493C(c) of the Higher Education Act of 1965 Internal Revenue Code of 1986) for the rel- (2) Section 6103(p)(4) of such Code is amend- (20 U.S.C. 1098e(c)) is amended— evant purposes described in such section; and ed by inserting ‘‘, (13)’’ after after ‘‘(l)(10)’’ (1) by striking ‘‘The Secretary shall estab- ‘‘(ii) the failure to provide such approval each place it appears. lish’’ and inserting the following: for such disclosure will result in the Sec- (d) EFFECTIVE DATE.—The amendments ‘‘(1) IN GENERAL.—The Secretary shall es- retary being unable to calculate eligibility made by this section shall apply to disclo- tablish’’; and for such aid to such individual; and sures after the date of the enactment of this (2) by striking ‘‘The Secretary shall con- ‘‘(B) require, as a condition of eligibility Act. sider’’ and inserting the following: for such aid, that such individuals affirma- (e) REQUIREMENT TO DESIGNATE THE INSPEC- ‘‘(2) PROCEDURES FOR ELIGIBILITY.—The tively approve the disclosure described in TOR GENERAL OF THE DEPARTMENT OF EDU- Secretary shall— subparagraph (A)(i). CATION AS AN AUTHORIZED PERSON.—The Sec- ‘‘(A) consider’’; ‘‘(2) INCOME-CONTINGENT AND INCOME-BASED retary of Education shall authorize and des- (3) by striking ‘‘428C(b)(1)(E).’’ and insert- REPAYMENT.— ignate the Inspector General of the Depart- ing the following: ‘‘428C(b)(1)(E); and ‘‘(A) NEW APPLICANTS.—In the case of any ment of Education as an authorized person ‘‘(B) carry out, with respect to borrowers written or electronic application by an indi- under subparagraph (E)(ii) of section of any loan made under part D (other than vidual for an income-contingent or income- 6103(l)(13) of the Internal Revenue Code of an excepted PLUS loan or excepted consoli- based repayment plan for a loan under part 1986 for purposes of subparagraphs (A), (B), dation loan), procedures for income-based re- D, the Secretary, with respect to such indi- and (C) of such section. payment plans that are equivalent to the vidual and any spouse of such individual, (f) REPORT TO TREASURY.—The Secretary of procedures carried out under section 455(e)(8) shall— Education shall annually submit a written with respect to income-contingent repay- ‘‘(i) provide to such individuals the notifi- report to the Secretary of the Treasury— ment plans.’’. cation described in paragraph (1)(A)(i);

VerDate Sep 11 2014 04:40 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.012 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9963 ‘‘(ii) require, as a condition of eligibility tions for Federal student financial aid, appli- A permanent reauthorization means for such repayment plan, that such individ- cations for income-based repayment and in- that for the rest of time, long after we uals— come-contingent repayment, and applica- are all gone, Mr. Speaker, diverse col- ‘‘(I) affirmatively approve the disclosure tions for discharge of loans under title IV of lege students can count on a robust in- described in paragraph (1)(A)(i) and agree the Higher Education Act of 1965 (20 U.S.C. vestment from their Federal Govern- that such approval shall serve as an ongoing 1070 et seq.) based on total and permanent approval of such disclosure until the date on disability; and ment. And it was all done because we, which the individual elects to opt out of such (3) implementation issues and suggestions as Members, were able to put aside par- disclosure under section 455(e)(8) or the for potential improvements. tisanship, come together for the com- equivalent procedures established under sec- (b) SPECIFIED DATE.—For purposes of sub- mon cause of ensuring a bright and tion 493C(c)(2)(B), as applicable; or section (a), the term ‘‘specified date’’ prosperous future for millions of low- ‘‘(II) provide such information as the Sec- means— income, first-generation college stu- retary may require to confirm the eligibility (1) the date that is 90 days after the date of dents of color. of such individual for such repayment plan. the enactment of this Act; Mr. Speaker, the FUTURE Act 2.0 is, ‘‘(B) RECERTIFICATIONS.—With respect to (2) the date that is 120 days after the first once again, responsible legislation that day that the disclosure process established the first written or electronic recertification is completely paid for. There are a (after the date of the enactment of the FU- under section 6103(l)(13) of the Internal Rev- TURE Act) of an individual’s income or fam- enue Code of 1986, as amended by section 3(a) number of people to thank for getting ily size for purposes of an income-contingent of this Act, is operational and accessible to this bill to the floor today, but I want or income-based repayment plan (entered officers, employees, and contractors of the to particularly recognize the leader- into before the date of the enactment of the Department of Education (as specifically au- ship of Chairman NEAL of the Com- FUTURE Act) for a loan under part D, the thorized and designated by the Secretary of mittee on Ways and Means and Rep- Secretary, with respect to such individual Education); and resentative DELBENE for her partner- and any spouse of such individual, shall meet (3) the date that is 1 year after the report ship. Because of these collaborative ef- the requirements of clauses (i) and (ii) of date described in paragraph (2). forts, the House today can once again subparagraph (A) with respect to such recer- The SPEAKER pro tempore. Pursu- address the number one priority of our tification. ant to the rule, the gentlewoman from minority-serving institutions, which ‘‘(3) TOTAL AND PERMANENT DISABILITY.—In North Carolina (Ms. ADAMS) and the educate nearly 30 percent of all under- the case of any written or electronic applica- gentleman from South Dakota (Mr. tion by an individual for a discharge of a graduate students in America. loan under this title based on total and per- JOHNSON) each will control 20 minutes. Mr. Speaker, I include in the RECORD manent disability (within the meaning of The Chair recognizes the gentle- a letter from the American Council on section 437(a)) that requires income moni- woman from North Carolina. Education and 42 other national orga- toring, the Secretary shall— GENERAL LEAVE nizations in support of the FUTURE ‘‘(A) provide to such individual the notifi- Ms. ADAMS. Mr. Speaker, I ask Act’s passage today by the House. cation described in paragraph (1)(A)(i); and unanimous consent that all Members AMERICAN COUNCIL ON EDUCATION, ‘‘(B) require, as a condition of eligibility may have 5 legislative days in which to Washington, DC, December 10, 2019. for such discharge, that such individual— revise and extend their remarks and in- Representative NANCY PELOSI, ‘‘(i) affirmatively approve the disclosure sert extraneous material on H.R. 5363, Speaker, House of Representatives, described in paragraph (1)(A)(i) and agree Washington, DC. that such approval shall serve as an ongoing the Fostering Undergraduate Talent by Representative KEVIN MCCARTHY, approval of such disclosure until the earlier Unlocking Resources for Education, or Minority Leader, House of Representatives, of— FUTURE Act. Washington, DC. ‘‘(I) the date on which the individual elects The SPEAKER pro tempore. Is there DEAR SPEAKER PELOSI AND MINORITY LEAD- to opt out of such disclosure under section objection to the request of the gentle- ER MCCARTHY: On behalf of the organizations 437(a)(3)(A); or woman from North Carolina? listed below, we write to express our strong ‘‘(II) the first day on which such loan may There was no objection. support for H.R. 5363, the FUTURE Act. This no longer be reinstated; or Ms. ADAMS. Mr. Speaker, I yield legislation is fully offset and offers practical ‘‘(ii) provide such information as the Sec- myself such time as I may consume. solutions to critical issues facing students retary may require to confirm the eligibility Mr. Speaker, I rise to support H.R. and institutions. H.R. 5363 has strong bipar- of such individual for such discharge. tisan support, which is reflected in the fact 5363, the Fostering Undergraduate Tal- ‘‘(b) LIMIT ON AUTHORITY.—The Secretary that previous iterations of this bill passed shall only have authority to request that the ent by Unlocking Resources for Edu- the House under suspension in September, Secretary of the Treasury disclose return in- cation, or the FUTURE Act. We can and an amended version passed the Senate formation under section 6103(l)(13) of the In- also simply call it FUTURE Act 2.0. under unanimous consent last week. ternal Revenue Code of 1986 with respect to Mr. Speaker, 3 months ago, on Sep- This legislation addresses several impor- an individual if the Secretary of Education tember 17, the House of Representa- tant issues. First, it would restore, and make has obtained approval under subsection (a) tives unanimously passed the first permanent, critical mandatory funding for for such disclosure.’’. Historically Black Colleges and Universities, version of the FUTURE Act, H.R. 2486, Hispanic-Serving Institutions, Tribal Col- (b) CONFORMING AMENDMENT.—Section which would have reauthorized title 484(q) of the Higher Education Act of 1965 (20 leges and Universities and other Minority- U.S.C. 1091(q)) is repealed. III, part F of the Higher Education Act Serving Institutions that had expired at the end of September, allowing those institu- SEC. 7. INCREASED FUNDING FOR FEDERAL PELL for the next 2 years. We acted on that GRANTS. day because this important program, tions to strengthen STEM education pro- Section 401(b)(7)(A)(iv) of the Higher Edu- which prepares the 8 million students grams and build institutional capacity to cation Act of 1965 (20 U.S.C. at our Nation’s minority-serving insti- better serve students. It is vital that this funding be restored immediately as cam- 1070a(b)(7)(A)(iv)) is amended— tutions for careers in STEM, expired on (1) in subclause (X), by striking puses are already making decisions regard- September 30. ing staffing, facilities and programming, ‘‘$1,430,000,000’’ and inserting ‘‘$1,455,000,000’’; Unfortunately, inaction on the part which are directly influenced by the avail- and of the Senate left us in a situation ability of this support. (2) in subclause (XI), by striking Beyond the benefits to historically under- ‘‘$1,145,000,000’’ and inserting ‘‘$1,170,000,000’’. where colleges and universities have already had to begin laying off staff, resourced institutions, the FUTURE Act SEC. 8. REPORTS ON IMPLEMENTATION. and smaller schools have planned to would make significant improvements to the (a) IN GENERAL.—Not later than each speci- federal student aid system, by simplifying fied date, the Secretary of Education and the cut back programmatic offerings to and streamlining the processes for applying Secretary of the Treasury shall issue joint stay afloat. for student aid and repaying student loans. reports to the Committees on Health, Edu- Fortunately, Congress has shown This will dramatically simplify the Free Ap- cation, Labor, and Pensions and Finance of that we can actually come together plication for Federal Student Aid (FAFSA) the Senate and the Committees on Edu- and work in a bipartisan, bicameral and make it far easier for low- and middle- cation and Labor and Ways and Means of the fashion to make the lives of our citi- income families to apply for and receive fed- House of Representatives regarding the zens better. The agreement reached in eral student aid. In addition, the changes amendments made by this Act. Each such re- H.R. 5363 will not only reauthorize 255 proposed in the legislation will also make port shall include, as applicable— the process of paying for college signifi- (1) an update on the status of implementa- million in mandatory funding for his- cantly easier for students and their families. tion of the amendments made by this Act; torically Black colleges and univer- This bill would also strengthen the accuracy (2) an evaluation of how such implementa- sities and all MSIs for 2 years, it will and effectiveness of the administration of tion had affected the processing of applica- reauthorize this funding permanently. these programs.

VerDate Sep 11 2014 04:40 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.012 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9964 CONGRESSIONAL RECORD — HOUSE December 10, 2019 Finally, the bill includes additional fund- Unlocking Resources for Education leaving millions of dollars in grants to ing for the Federal Pell Grant program, Act. attend college on the table. With the which is the cornerstone of federal student Now, Congress has long recognized ever-rising cost of education, that is aid. These grants enable millions of low-in- the importance of historically Black unacceptable. Each year, roughly 19 come students to access and afford college, and we appreciate the inclusion of additional colleges and Tribal colleges, of which percent of borrowers in income-driven support for this valuable program. there are a number in South Dakota, repayment fail to recertify their in- For all of these reasons, we urge you, and and we will hear more about them in a come on time, resulting in payment the Members you represent, to support this bit, and there are other minority-serv- spikes and interest capitalization for legislation when it comes to the floor for a ing institutions. They play a critically approximately 1.3 million borrowers. vote today. We appreciate your attention to important role in building that path- This important legislation is the first this important legislation and look forward way out of poverty that we have been step in reducing the burdensome verifi- to working with you to ensure passage into talking about. cation process for students and parents law of the FUTURE Act. filing for aid, addressing a difficult Sincerely, We also know what a large role challenge many students face accessing TED MITCHELL, STEM—science, technology, engineer- President. ing and math—is playing in our coun- and affording higher education. On behalf of: try today, and we know that it will I am honored to be working with my Achieving the Dream, Inc.; ACPA-College play an even larger role in the future. colleagues in the Senate, Chairman Student Educators International; American And so what this bill does, what the ALEXANDER and Ranking Member MUR- Association of Colleges of Nursing; American FUTURE Act does, is make sure that RAY, to simplify and streamline the Association of Collegiate Registrars and Ad- the Congressional commitment to that FAFSA application process and in- missions Officers; American Association of crease access to higher education for Community Colleges; American Association STEM education continues for a dec- of State Colleges and Universities; American ade. students across the country. This bi- Association of University Professors; Amer- Mr. Speaker, $255 million a year has partisan approach to FAFSA sim- ican Council on Education; American Dental gone to historically Black institutions, plification has been a long time com- Education Association; American Indian Tribal colleges, and other minority- ing. Higher Education Consortium; Association serving institutions. It has unlocked I am pleased we were able to get the of American Universities; Association of great potential and great opportunity. entirety of my bill included in the FU- American Colleges and Universities; Associa- We do know that these institutions TURE Act, which I urge my colleagues tion of Catholic Colleges and Universities; to support today. In these challenging Association of Governing Boards of Univer- work. We know that they are worth in- vesting in. We know that graduates of times, this kind of bipartisan solution sities and Colleges. is something that we can all support. Association of Jesuit Colleges and Univer- those minority-serving institutions Mr. JOHNSON of South Dakota. Mr. sities; Association of Public and Land-grant earn more and have more successful ca- Speaker, for 22 years, Texas has been Universities; College and University Profes- reers than people who do not graduate ably represented by Congressman sional Association for Human Resources; from those institutions. KEVIN BRADY, who has done a fantastic Common App; Consortium of Universities of And, in fact, we know that for many the Washington Metropolitan Area; Council job serving Texas in this country. But of the institutions, their outcomes for for Advancement and Support of Education; I do have to brag, he is still a favored their students are better than the out- Council for Higher Education Accreditation; son of his native State of South Da- Council for Opportunity in Education; Coun- comes for students who graduate from kota, where Rapid City and Vermillion cil of Graduate Schools; Council of Inde- non-minority-serving institutions. This remember him well. pendent Colleges; Council on Social Work a powerful story, and it is worth in- Mr. Speaker, I yield such time as he Education; EDUCAUSE ETS; Hispanic Asso- vesting in. may consume to the gentleman from ciation of Colleges and Universities; NAFSA: We talked about that for a decade Association of International Educators. Texas (Mr. BRADY). NASPA-Student Affairs Administrators in this program has been in place and it Mr. BRADY. Mr. Speaker, I thank Higher Education; National Association for has been working. The 10-year author- Congressman JOHNSON for yielding me College Admission Counseling; National As- ization lapsed earlier this year—Sep- time, and I thank him for his leader- sociation for Equal Opportunity in Higher tember 30, 2019. We have an oppor- ship for that great State. Education; National Association of College tunity here today for this Chamber to Mr. Speaker, I rise in opposition—to and University Business Officers; National reinvest in what works and to get our be clear—not to the underlying bill. I Association of Colleges and Employers; Na- work done on, at least, close to on strongly support the education provi- tional Association of Independent Colleges time. sion; the one that would strengthen and Universities; National Association of So, Mr. Speaker, I have other com- Student Financial Aid Administrators; Na- historically Black colleges and univer- tional Council for Community and Education ments to make, particularly about sities and other minority-serving insti- Partnerships; Phi Beta Kappa Society; The Tribal colleges, but at this point, I re- tutions. In fact, that provision has College Board; TMCF; UNCF; UPCEA. serve the balance of my time. passed this House with, I believe, unan- Ms. ADAMS. Mr. Speaker, I reserve Ms. ADAMS. Mr. Speaker, I yield 2 imous support. But I do rise in opposi- the balance of my time. minutes to the gentlewoman from tion to the dangerous precedent set by Mr. JOHNSON of South Dakota. Mr. Washington (Ms. DELBENE). the tax provision included in this bill. Speaker, I yield myself such time as I Ms. DELBENE. Mr. Speaker, I thank I don’t believe taxpayer rights should may consume. Congresswoman ADAMS for her incred- be trampled in this process. Mr. Speaker, we live in a highly di- ible work on this legislation. The Senate, as you know, airdropped vided time, of course, high levels of po- Yesterday, I reintroduced an updated an unrelated $2.5 billion provision that larization, but I would submit, Mr. version of the Faster Access to Federal threatens taxpayer privacy and creates Speaker, that one thing that every Student Aid Act, also known as the a dangerous opportunity to potentially Member of this esteemed body can FAFSA Act. misuse our private tax information. agree upon is they want people to be My bill, through better integration The bill, for the first time, now author- able to work their way out of poverty, with the Department of Education and izes new large-scale sharing of pre- that that pathway out of poverty is a the IRS, would simplify the applica- viously protected taxpayer informa- critically important part of the Amer- tion, verification, and student loan re- tion. With hundreds of contractors, ican story. payment process. My bill also provides thousands of educational institutions, And one thing that I know deep in a more secure way for taxpayer data to and other bureaucrats, in many cases, my heart, and I know that my col- be shared between the IRS and the De- without taxpayer consent and, poten- league, Congresswoman ADAMS, agrees, partment of Education for the purposes tially, without the safeguards that pro- and that is that education is a powerful of verifying income for applicants re- tect it. tool. Education and hard work creates questing or renewing eligibility for in- The scale we are talking about here opportunity for people to be able to come-driven loan repayment plans. is huge. We are talking about at least build better lives, and that is why we My home State of Washington ranged 31 million individual disclosures of tax- gather here today: the FUTURE Act, 48 in FAFSA application completion payer information every year and hun- Fostering Undergraduate Talent by among high school seniors last year, dreds of thousands a year after that.

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.013 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9965 This would be the third largest disclo- Currently, each year when verifying And we all know, Mr. Speaker, how sure of taxpayer information for non- their income for an income-based re- important STEM education is. I sus- tax purposes in the history, second payment plan, students have to manu- pect we all understand that 15 of the 20 only to the Census and the Affordable ally go into their FAFSA account and fastest growing careers are in the Care Act. submit their IRS documents. They are STEM fields. They require advanced It doesn’t have to be this way. We submitting those documents. The study in science, in mathematics. We have another option that pays for this FAFSA Act would create a more secure understand that job growth over the bill but protects taxpayer information. way for folks to have their IRS infor- course of the next 10 years in these And why is that privacy so impor- mation be sent to the Department of STEM fields will be 100 percent higher tant? The IRS has more information Education for verification by having than job growth in other fields. about you than almost any other agen- their data go directly. That is a more Now, that is not in any way an at- cy in the Federal Government. They secure and streamlined process. tempt to minimize the importance of know how many kids you have, how That streamlined process means that other types of education, of course; much money you make, whether you 8 to 9 million applicants who are cur- but, if we want to have students at his- have a home office, you bought a hy- rently unable to access their IRS data torically Black colleges and Tribal uni- brid car. They know how much money for their FAFSA applications for veri- versities and other minority-serving you donate; they know your marital fication, that means this process will institutions be prepared to be a key status. That kind of information is val- be automated and they would be able part of this growing American econ- uable. Almost every Federal agency to move forward with going to school omy, the FUTURE Act and the STEM would like access to it. and receiving the support that they education that it supports is critically More importantly, a lot of bad actors need. important. would like to have access to it. And out Mr. Speaker, I reserve the balance of b 1315 of this bill, these bad actors could have my time. access for many years after you go to So, I strongly disagree with the con- Ms. ADAMS. Mr. Speaker, I thank school. We know Watergate the hear- cerns the gentleman raised. This is the gentleman for his comments, and I ings revealed a White House attorney strengthening security, strengthening will add my testimony to that, a 40- who had tried to use IRS information privacy. year college professor at Bennett Col- to target political enemies. And admin- Also, students and parent borrowers lege in Greensboro, North Carolina, an istrations have tried to do this for always have the opportunity to opt out HBCU, a fine HBCU, a women’s college; farmers, unsuccessfully. of that transfer. They consent to it and having done my studies at North Congress recognized this vast amount originally. They can opt out of that Carolina A&T State University twice— of private information could be abused, transfer, if they so wish, later on. my bachelor’s and master’s there—and and we acted to protect it. Those pro- Mr. Speaker, I strongly urge folks to knowing that North Carolina has more tections ensure taxpayer information support this bill, which strengthens HBCUs than any other State, we are is kept confidential unless it meets privacy and supports streamlining for proud of that. certain exemptions. parents and students. Having said that, Mr. Speaker, I Over the years, we have added exemp- Mr. JOHNSON of South Dakota. Mr. yield 2 minutes to the gentlewoman tions and we have deleted them, but Speaker, I yield myself such time as I from Oregon (Ms. BONAMICI), who is every time Congress has carefully con- may consume. also a member of the Education and sidered the cost and the consequences Mr. Speaker, Chief Sitting Bull said: Labor Committee and chair of the Sub- of those actions. But this bill’s amend- ‘‘Let us put our minds together and see committee on Civil Rights and Human ment is being rushed through the what life we can make for our chil- Services. House without that appropriate care or dren.’’ Ms. BONAMICI. Mr. Speaker, I rise consideration. Now, Chief Sitting Bull has cast a today in support of H.R. 5363, the FU- Today, when you file a form for a long shadow in South Dakota and that TURE Act. loan or a repayment or all that, you general geographic area. His words are This bill will provide critical support fill out that information, or you as true today as they were when he ut- to our Nation’s minority-serving insti- download the taxpayer information. tered them. And he is the namesake for tutions by permanently reauthorizing That will be blocked. No more can you one of the impressive, successful, hard- mandatory funding for historically do that. So in the future, these mil- working Tribal colleges in South Da- Black colleges and universities, Trib- lions of records will be out in the neth- kota. ally controlled colleges and univer- er lands for years after you graduate They are collectively serving and im- sities, and other minority-serving in- from college. And as you know, once proving the lives of thousands of, large- stitutions. These schools serve an im- your data is out there—the horse is out ly, Native students, although, some portant role in expanding opportunities of the barn—you can never get it back. White students as well. And the out- for African American students and his- Mr. Speaker, so I rise today in oppo- comes are fantastic. They really are torically unrepresented student popu- sition to this bill, basically to ask, changing lives. They work every single lations. ‘‘let’s pause.’’ Let’s pause this play, day, often in difficult geographic envi- Congress must do all we can to make which we all support, replace this pri- ronments, often in difficult financial sure these institutions have the re- vacy risk with another pay-for we can environments, to help students who are sources they need to support their stu- all agree on while more work is done in so often first-generation students take dents, and I thank Representative this measure. those important educational steps to ADAMS for her tireless leadership on Ms. ADAMS. Mr. Speaker, I yield 2 find that pathway toward a more suc- this issue. minutes to the gentlewoman from cessful life. In addition to the critical support for Washington (Ms. DELBENE). This is worth investing in. I have the historically Black colleges and uni- Ms. DELBENE. Mr. Speaker, I think been to these colleges. Over my 20 versities and minority-serving institu- this bill is all about making sure that years in and out of the public sector, I tions, this bill will also allow for the we support consumer privacy and that have been to Oglala Lakota College, secure—and I repeat, secure—direct we do it in a streamlined way. So the and I have been to Sitting Bull College transfer of taxpayer data from the IRS legislation in this bill would actually and Sinte Gleska and Sisseton to the Department of Education to en- make this more secure for consumers. Wahpeton. roll and reenroll borrowers in income- And, again, I reiterate, the under- The names of these presidents— driven repayment plans. This change lying legislation, the FAFSA Act, was Vermillion, Azure, Bordeaux, and will make a real difference for bor- passed out by the Republican majority Shortbull—these are legends in the rowers. and the Senate Finance Committee al- educational arena. Those leaders and We know that borrowers with small most a year ago, and then passed the their staffs are using these dollars to loan balances are more likely to de- Senate by unanimous consent shortly deploy this STEM education in a way fault than borrowers with six-figure after. So it is a truly bipartisan effort. that really works. debts. Those who owe less than $10,000

VerDate Sep 11 2014 04:44 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.024 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9966 CONGRESSIONAL RECORD — HOUSE December 10, 2019 are most likely to default, are less The SPEAKER pro tempore. The gen- made available by the Internal Rev- likely to have completed their degrees, tlewoman from North Carolina has 11 enue Service and the Department of and are often burdened by low incomes minutes remaining. The gentleman Education. This legislation does not or unemployment. from South Dakota has 9 minutes re- eliminate the authority for the data re- I have heard from many borrowers in maining. trieval tool, and, indeed, we urge the northwest Oregon who describe loan re- Ms. ADAMS. Mr. Speaker, I yield 4 Secretaries of Treasury and Education payment as anxiety-inducing, minutes to the gentleman from Vir- to maintain that tool to ensure that all daunting, and overwhelming; and I ginia (Mr. SCOTT), the capable chair of FFEL borrowers, especially those have heard from several constituents the Committee on Education and whose loans are owned by the Depart- who faced financial consequences for Labor. ment of Education, have streamlined missing the deadline to annually recer- Mr. SCOTT of Virginia. Mr. Speaker, access to manageable monthly pay- tify their income for income-driven re- I thank the gentlewoman for her lead- ments. payment plans. ership in bringing this bill to the floor, Before I close, I would like to give This change will protect many bor- and I want to thank all of my House special thanks to Chairman NEAL of rowers from default by getting and and Senate colleagues who have the Ways and Means Committee for his keeping them in manageable, income- worked diligently on this legislation. dedication and hard work in negoti- driven repayment plans. This bill will Historically Black colleges and uni- ating to bring this bill to the floor. also remove burdensome paper require- versities, Tribally controlled colleges Thanks to his leadership, we are voting ments for borrowers who are totally and universities, and other minority- on a bill today that will expand access and permanently disabled. serving institutions play a significant to both institutions of higher learning This has been a longtime priority of role in expanding access to higher edu- and student aid for generations to mine through the bipartisan SIMPLE cation for low-income students and come. Act, and I applaud my colleague, Rep- students of color. Mr. Speaker, I urge my colleagues to resentative DELBENE, for her leader- Collectively, they educate more than support the FUTURE Act. ship on the language included in the one-fourth of all undergraduates—near- Mr. JOHNSON of South Dakota. Mr. bill before us today. ly 6 million students—including many Speaker, just a short note about Con- Finally, I am pleased that this bill first-time college students and stu- gresswoman ADAMS. includes a much-needed increase in dents from our Nation’s most under- I have the honor of serving with her Pell grant funding. on both the Education and Labor Com- served communities. Mr. Speaker, I urge all of my col- Historically Black colleges and uni- mittee as well as the Agriculture Com- leagues to support this critical legisla- versities specifically make up less than mittee, and, every time we have a com- tion when it comes to the floor, as we 3 percent of colleges and universities, mittee hearing, I get an opportunity to continue our work to make college see her hard work, her respect, her con- yet they produce almost 20 percent of more affordable and equitable for ev- scientiousness, her approach toward all Black graduates, half of all Black eryone. making this institution be the best professionals, and over a third of all Mr. JOHNSON of South Dakota. Mr. that it can be. She has done yeoman’s Black STEM graduates. Speaker, I yield myself such time as I work in getting us to this point. Unfortunately, despite their outsized may consume. I would advise the Congresswoman as role in serving our Nation’s most un- Mr. Speaker, in August, I was at Sit- well as the Speaker that I have no fur- ting Bull College, and I had an oppor- derserved students, HBCUs and MSIs ther speakers and that I am prepared tunity, over the course of half a day or have historically been underresourced to close at the appropriate time, sir. so, to speak with the instructors, the compared to other institutions of high- Mr. Speaker, I reserve the balance of professors, the administrators, and, er education. my time. most importantly, the students there. That is why, 3 months ago, the House Ms. ADAMS. Mr. Speaker, I thank The stories of these students brought unanimously passed the FUTURE Act, the gentleman for his kind remarks, such a smile to my face. a proposal to provide vital funding for and it is a real pleasure serving with If anybody is having a bad day, you HBCUs and other MSIs. Regrettably, him and working with him on this par- have got to go to one of these Tribal that funding had expired on September ticular issue. colleges. You have got to hear from the 30. This bill will restore that funding. Mr. Speaker, I yield 3 minutes to the students who are seeing the prospects In fact, after careful negotiation and gentleman from Texas (Mr. DOGGETT). for a better tomorrow improve every compromise, this bill we are voting on Mr. DOGGETT. Mr. Speaker, today’s single day they sit in the classroom; to today does not just restore the guar- bill, which I am pleased to cosponsor, see these facilities, which are not the antee of more than $250 million a year accomplishes much good. While pro- fanciest campuses in America, but are for HBCUs and MSIs; it permanently viding critical support for minority- places where people with large hearts authorizes that funding. It also facili- serving institutions like Huston- and with limited resources have built a tates stronger cooperation between the Tillotson in Austin, it includes provi- center of learning and economic oppor- IRS and the Department of Education sions from the bipartisan Student Aid tunity. to simplify the Free Application for Simplification Act, which I introduced One student had had a very difficult Federal Student Aid, or FAFSA, to earlier this year. It will assist students life, and I asked her: So why do you make it easier for students to access in all universities, and it is also persevere? Why are you here? Why are student aid and repay their loans. mighty important to graduates repay- you doing homework late into the I want to note that, as mentioned, ing student debt. night so you can be prepared for class? the FUTURE Act streamlines the in- I salute the chairman, Mr. SCOTT, for Wouldn’t it be easier to go do some- come-driven repayment process for the work of his committee; College thing else? millions of Direct Loan borrowers. Forward and National College Access She said: Congressman JOHNSON, the For the 12.4 million borrowers with a Network, who have worked with me on life I have had isn’t the life that I want Federal Family Education Loan, the this for months; and, certainly, Sen- to have. My children deserve better, loan from our old program that is ators MURRAY and ALEXANDER for mov- and, sir, I am going to give it to them. winding down, this bill does not disturb ing this through the Senate. Hard work alone can only do so the Treasury’s authority to continue Too many students find the current much. Hard work, when paired with operating the data retrieval tool. This Free Application for Federal Student education, can unlock the universe. tool allows borrowers, including FFEL Aid, FAFSA, so complicated and the This is happening in our country, and borrowers, to retrieve their own tax in- difficulty of getting all of the financial it is worth investing in. formation for the purposes of certi- information required so demanding Mr. Speaker, I reserve the balance of fying their income for an income-driv- that they never complete the applica- my time. en repayment plan. tion. In fact, I was in San Antonio this Ms. ADAMS. Mr. Speaker, may I in- Many FFEL borrowers are currently past weekend. The completion rate quire how much time remains on either enrolled in income-driven repayment there is a mere 35 percent. So $2.6 bil- side. plans and rely on this existing tool lion in free money available for student

VerDate Sep 11 2014 04:44 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.025 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9967 financial assistance goes unclaimed pecially minority students. About 37 It is telling how important this issue each year. percent of Latino STEM students and is for the fate of our Nation that we are This bill will eliminate up to 22 40 percent of Black STEM students will considering this measure in the midst FAFSA questions and require the De- switch majors during college, com- of all that Congress has to do before partment of Education and IRS to pared to 29 percent of White STEM stu- the end of the year. work together and do some of the dents. About 20 percent of Latino stu- To the advocates, the United Negro heavy lifting for the students by shar- dents and 26 percent of Black students College Fund, the Thurgood Marshall ing the taxpayer information required will drop out before completing their College Fund, and NAFEO, whose mem- for FAFSA completion. This means an STEM degrees. bers have sent over 65,000 letters and increase in access to Pell grants and By providing schools with a means to made calls to Members of Congress, I other educational opportunities, espe- support their students, we can prevent hope we can let them know that while cially for first-time students whose these trends from continuing and help they have worked hard, their hard parents may work multiple jobs. diversify all fields of study. It will help work has paid off. And the provisions included from the dismantle the lingering discrimination Mr. Speaker, 8 million students from bill that we introduced earlier this found in some career fields that these across America are counting on us year will also eliminate problems that folks want to pursue. today. They are counting on Congress to keep its promise. about 7 million students who graduated When we diversify, we develop dif- In 2008, when mandatory funding lan- ferent perspectives, gather better tal- have faced in the annual recertifi- guage was first authorized in title III, ent, and become more competitive cation process for income-driven loans. this body approved the measure by a globally, and I urge my colleagues to b 1330 vote of 354-to-58. Congress in 2008 un- support this piece of legislation. derstood the importance of our HBCUs These are folks who may owe a lot, Mr. JOHNSON of South Dakota. Mr. and MSIs and the educational opportu- but they don’t earn a lot. They include Speaker, I yield myself the balance of many teachers who have been kicked nities that they specifically tailor to my time. students who have traditionally been out of the Public Service Loan For- Mr. Speaker, this bill does three im- giveness program for not recertifying denied access to adequately funded portant things. schools throughout their lives. Con- each year. We eliminate that. These First, it invests in these historically gress understood how the program was borrowers will now be protected from Black colleges, Tribal colleges, and needed to help these institutions fulfill payment spikes. other minority-serving institutions we their mission to assist students in We do all this through administra- have been talking about, and the value meeting their goals. That fact remains tive simplification, through greater ac- proposition for those is clear. It is a true now more than ever. curacy, so the bill actually raises the great American success story. Let’s have a strong vote to pass FU- $2.8 billion that we need for our minor- The second important thing that the TURE Act 2.0 out of this House today. ity-serving institutions. FUTURE Act does is invest in STEM Bring it to the Senate and send it to When more students can access all education. We have talked a fair the President’s desk so that our HBCUs the education that they are willing to amount today about what an impor- and MSIs and their students can finally work for, the students win, their fami- tant and powerful engine that can be have certainty from their government lies win, and our economy wins. Invest- for economic growth within this coun- and know that when Congress makes a ing in our students is one of the best try. promise to provide for their future, we investments we can make, and invest- We have also talked a fair amount mean what we say. ing in our minority-serving institu- today about the third component of Mr. Speaker, I urge my colleagues to tions means that opportunity is avail- this bill, which is streamlining and support the legislation, and I yield able for all. modernizing this complicated Federal back the balance of my time. Mr. JOHNSON of South Dakota. Mr. student aid system that costs Amer- The SPEAKER pro tempore. The Speaker, I reserve the balance of my ican taxpayers real money. That question is on the motion offered by time. streamlining will help. the gentlewoman from North Carolina Ms. ADAMS. Mr. Speaker, I yield 2 Mr. Speaker, with that three-pronged (Ms. ADAMS) that the House suspend minutes to the gentleman from Texas value proposition, we have before us the rules and pass the bill, H.R. 5363, as (Mr. CASTRO). the FUTURE Act, which will continue amended. Mr. CASTRO of Texas. Mr. Speaker, I this wonderful American investment in The question was taken. rise today in support of H.R. 5363, the STEM education at these minority- The SPEAKER pro tempore. In the FUTURE Act. serving institutions. I ask my col- opinion of the Chair, two-thirds being I thank all the Members of Congress, leagues to support the FUTURE Act. in the affirmative, the ayes have it. the Members of the Senate, the edu- Mr. Speaker, I yield back the balance Mr. ARRINGTON. Mr. Speaker, on cational institutions, and the advo- of my time. that I demand the yeas and nays. cates who helped shepherd this legisla- Ms. ADAMS. Mr. Speaker, I yield The yeas and nays were ordered. tion. myself the balance of my time. The SPEAKER pro tempore. Pursu- Under the FUTURE Act, MSIs will Mr. Speaker, I thank the gentleman ant to clause 8 of rule XX, further pro- permanently receive the $255 million from South Dakota (Mr. JOHNSON) for ceedings on this motion will be post- they need for the next 10 years. With- all of his work and his support. Let me poned. out this funding, schools would miss again thank all of my colleagues who f out on funding for STEM programs, have helped to bring us to the precipice ANNOUNCEMENT BY THE SPEAKER academic counseling, and financial of solidifying a robust Federal invest- PRO TEMPORE ment into HBCUs and MSIs for all support for students in need. The SPEAKER pro tempore. Pro- time. I thank Chairman NEAL and Rep- This funding can be the difference be- ceedings will resume on questions pre- tween millions of students being able resentative DELBENE, as well as Chair- viously postponed. Votes will be taken to afford college or attend college at man BOBBY SCOTT for his leadership in the following order: all. This funding provides many stu- every step of the way in this effort. I Ordering the previous question on dents of color with the only oppor- thank the chair of the Congressional House Resolution 748; tunity they have ever had to enter Black Caucus, Congresswoman KAREN Adoption of House Resolution 748, if fields where they are so often sorely BASS, and the chairs of the Congres- ordered; and underrepresented. sional Hispanic Caucus and the Con- The motion to suspend the rules and We must support these critical ef- gressional Asian Pacific American Cau- pass H.R. 5363. forts by MSIs to help students com- cus, Congressman JOAQUIN CASTRO and The first electronic vote will be con- plete their college degrees and diver- Congresswoman JUDY CHU. I thank the ducted as a 15-minute vote. Pursuant sify STEM careers. leadership of the House for making to clause 9 of rule XX, remaining elec- Today, many students continue to HBCUs and MSIs and the students they tronic votes will be conducted as 5- leave STEM fields while in college, es- serve a priority for this body. minute votes.

VerDate Sep 11 2014 04:44 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.027 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9968 CONGRESSIONAL RECORD — HOUSE December 10, 2019 PROVIDING FOR CONSIDERATION Smith (WA) Titus Veasey Mr. WOODALL. Mr. Speaker, on that Soto Tlaib Vela OF H.R. 729, TRIBAL COASTAL Spanberger Tonko Vela´ zquez I demand the yeas and nays. RESILIENCY ACT Speier Torres (CA) Visclosky The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Stanton Torres Small Waters The SPEAKER pro tempore. This is a Stevens (NM) Watson Coleman 5-minute vote. ant to clause 8 of rule XX, the unfin- Suozzi Trahan Welch ished business is the vote on ordering Swalwell (CA) Trone Wexton The vote was taken by electronic de- the previous question on the resolution Takano Underwood Wild vice, and there were—yeas 226, nays Thompson (CA) Van Drew Wilson (FL) 189, not voting 15, as follows: (H. Res. 748) providing for consider- Thompson (MS) Vargas Yarmuth ation of the bill (H.R. 729) to amend the [Roll No. 658] NAYS—188 Coastal Zone Management Act of 1972 YEAS—226 Abraham Gosar Olson Adams Golden O’Halleran to authorize grants to Indian Tribes to Allen Granger Palazzo Aguilar Gomez Ocasio-Cortez further achievement of Tribal coastal Amash Graves (GA) Palmer Allred Gonzalez (TX) Omar Amodei Graves (LA) Pence zone objectives, and for other purposes, Axne Gottheimer Armstrong Graves (MO) Pallone on which the yeas and nays were or- Perry Barraga´ n Green, Al (TX) Arrington Green (TN) Panetta Posey Bass Grijalva dered. Babin Griffith Pappas Ratcliffe Beatty Haaland Bacon Grothman Pascrell The Clerk read the title of the resolu- Reed Bera Harder (CA) Baird Guest Payne tion. Reschenthaler Beyer Hastings Balderson Guthrie Perlmutter Rice (SC) Bishop (GA) Hayes The SPEAKER pro tempore. The Banks Hagedorn Peters Riggleman Blumenauer Heck question is on ordering the previous Barr Harris Peterson Roby Blunt Rochester Higgins (NY) Bergman Hartzler Phillips question. Rodgers (WA) Bonamici Himes Biggs Hern, Kevin Pingree Roe, David P. Boyle, Brendan Horn, Kendra S. The vote was taken by electronic de- Bilirakis Herrera Beutler Pocan Rogers (AL) F. Horsford vice, and there were—yeas 226, nays Bishop (NC) Hice (GA) Pressley Rogers (KY) Brindisi Houlahan Bishop (UT) Higgins (LA) Price (NC) 188, not voting 16, as follows: Rose, John W. Brownley (CA) Hoyer Bost Hill (AR) Quigley Rouzer Bustos Huffman [Roll No. 657] Brady Holding Raskin Roy Butterfield Jackson Lee Brooks (AL) Hollingsworth Rice (NY) YEAS—226 Rutherford Carbajal Jayapal Brooks (IN) Hudson Richmond Scalise Ca´ rdenas Jeffries Adams Evans Maloney, Buchanan Huizenga Rose (NY) Schweikert Carson (IN) Johnson (GA) Aguilar Finkenauer Carolyn B. Buck Hurd (TX) Rouda Scott, Austin Cartwright Johnson (TX) Allred Fletcher Maloney, Sean Bucshon Johnson (LA) Roybal-Allard Shimkus Case Kaptur Axne Foster Matsui Budd Johnson (OH) Ruiz Smith (MO) Casten (IL) Keating Barraga´ n Frankel McAdams Burchett Johnson (SD) Ruppersberger Smith (NE) Castor (FL) Kelly (IL) Bass Fudge McBath Burgess Jordan Rush Smith (NJ) Castro (TX) Kennedy Beatty Gallego McCollum Byrne Joyce (OH) Ryan Smucker Chu, Judy Khanna Bera Garamendi McEachin Calvert Joyce (PA) Sa´ nchez Spano Cicilline Kildee Beyer Garcı´a (IL) McGovern Carter (GA) Katko Sarbanes Stauber Cisneros Kilmer Bishop (GA) Garcia (TX) McNerney Chabot Keller Scanlon Stefanik Clark (MA) Kim Blumenauer Golden Meeks Cheney Kelly (MS) Schakowsky Clarke (NY) Kind Blunt Rochester Gomez Meng Cline Kelly (PA) Steil Schiff Clay Kirkpatrick Bonamici Gonzalez (TX) Moore Cloud King (IA) Steube Schneider Cleaver Krishnamoorthi Boyle, Brendan Gottheimer Morelle Cole King (NY) Stewart Schrader Clyburn Kuster (NH) F. Green, Al (TX) Moulton Collins (GA) Kinzinger Stivers Schrier Cohen Lamb Brindisi Grijalva Mucarsel-Powell Comer Kustoff (TN) Taylor Scott (VA) Connolly Langevin Brownley (CA) Haaland Murphy (FL) Conaway LaHood Thompson (PA) Scott, David Cooper Larsen (WA) Bustos Harder (CA) Nadler Cook LaMalfa Thornberry Sewell (AL) Correa Larson (CT) Butterfield Hastings Napolitano Crawford Lamborn Timmons Shalala Costa Lawrence Carbajal Hayes Neal Crenshaw Latta Tipton Sherman Ca´ rdenas Neguse Courtney Lawson (FL) Heck Curtis Long Turner Sherrill Carson (IN) Norcross Cox (CA) Lee (CA) Higgins (NY) Davidson (OH) Loudermilk Upton Sires Cartwright O’Halleran Craig Lee (NV) Himes Davis, Rodney Lucas Wagner Slotkin Case Ocasio-Cortez Crist Levin (CA) Horn, Kendra S. DesJarlais Luetkemeyer Walberg Smith (WA) Casten (IL) Omar Crow Levin (MI) Horsford Diaz-Balart Marshall Walden Cuellar Lewis Soto Castor (FL) Pallone Duncan Massie Walker Houlahan Cunningham Lipinski Spanberger Castro (TX) Panetta Dunn Mast Walorski Hoyer Davids (KS) Loebsack Speier Chu, Judy Pappas Emmer McCarthy Waltz Huffman Davis (CA) Lofgren Stanton Cicilline Pascrell Estes McCaul Watkins Jackson Lee Davis, Danny K. Lowenthal Stevens Cisneros Payne Ferguson McClintock Weber (TX) Jayapal Dean Lowey Suozzi Clark (MA) Perlmutter Fitzpatrick McHenry Webster (FL) Jeffries DeFazio Luja´ n Swalwell (CA) Clay Peters Fleischmann McKinley Wenstrup Johnson (GA) DeGette Luria Takano Cleaver Peterson Flores Meadows Westerman Johnson (TX) DeLauro Lynch Thompson (CA) Clyburn Phillips Fortenberry Miller Williams Kaptur DelBene Malinowski Thompson (MS) Cohen Pingree Foxx (NC) Mitchell Wilson (SC) Keating Delgado Maloney, Titus Connolly Pocan Fulcher Moolenaar Wittman Kelly (IL) Demings Carolyn B. Tlaib Cooper Porter Gaetz Mooney (WV) Womack Kennedy DeSaulnier Maloney, Sean Tonko Correa Pressley Gallagher Mullin Woodall Khanna Deutch Matsui Torres (CA) Costa Price (NC) Gianforte Murphy (NC) Wright Kildee Dingell McAdams Torres Small Courtney Quigley Gibbs Newhouse Yoho Kilmer Doggett McBath (NM) Cox (CA) Raskin Gohmert Norman Young Kim Doyle, Michael McCollum Trahan Craig Rice (NY) Gonzalez (OH) Nunes Zeldin Crist Kind Richmond F. McEachin Trone Crow Kirkpatrick Rose (NY) NOT VOTING—16 Engel McGovern Underwood Krishnamoorthi Escobar McNerney Van Drew Cuellar Rouda Aderholt Hunter Sensenbrenner Kuster (NH) Eshoo Meeks Vargas Cunningham Roybal-Allard Brown (MD) Lesko Serrano Lamb Espaillat Meng Veasey Davids (KS) Ruiz Carter (TX) Lieu, Ted Langevin Simpson Evans Moore Vela Davis (CA) Ruppersberger Clarke (NY) Marchant Larsen (WA) Wasserman Finkenauer Morelle Vela´ zquez Davis, Danny K. Rush Gabbard Meuser Larson (CT) Schultz Fletcher Moulton Visclosky Dean Ryan Gooden Rooney (FL) DeFazio Lawrence Sa´ nchez Foster Mucarsel-Powell Waters DeGette Lawson (FL) Sarbanes b 1407 Frankel Murphy (FL) Watson Coleman DeLauro Lee (CA) Scanlon Fudge Nadler Welch DelBene Lee (NV) Schakowsky Messrs. WILSON of South Carolina Gallego Napolitano Wexton Delgado Levin (CA) Schiff and CRENSHAW changed their vote Garamendi Neal Wild Demings Levin (MI) Schneider from ‘‘yea’’ to ‘‘nay.’’ Garcı´a (IL) Neguse Wilson (FL) DeSaulnier Lewis Schrader So the previous question was ordered. Garcia (TX) Norcross Yarmuth Deutch Lipinski Schrier Dingell Loebsack Scott (VA) The result of the vote was announced NAYS—189 Doggett Lofgren Scott, David as above recorded. Abraham Bacon Bilirakis Doyle, Michael Lowenthal Sewell (AL) The SPEAKER pro tempore. The Allen Baird Bishop (NC) F. Lowey Shalala question is on the resolution. Amash Balderson Bost Engel Luja´ n Sherman The question was taken; and the Amodei Banks Brady Escobar Luria Sherrill Armstrong Barr Brooks (AL) Eshoo Lynch Sires Speaker pro tempore announced that Arrington Bergman Brooks (IN) Espaillat Malinowski Slotkin the ayes appeared to have it. Babin Biggs Buchanan

VerDate Sep 11 2014 04:44 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.029 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9969 Buck Hice (GA) Ratcliffe This is a 5-minute vote. Spanberger Tonko Walden Bucshon Higgins (LA) Reed Spano Torres (CA) Walker Budd Hill (AR) Reschenthaler The vote was taken by electronic de- Speier Torres Small Waltz Burchett Holding Rice (SC) vice, and there were—yeas 319, nays 96, Stanton (NM) Waters Burgess Hollingsworth Riggleman not voting 15, as follows: Stauber Trahan Watson Coleman Byrne Hudson Roby Stefanik Trone [Roll No. 659] Welch Calvert Huizenga Rodgers (WA) Steil Turner Westerman Carter (GA) Hurd (TX) Roe, David P. YEAS—319 Stevens Underwood Wexton Chabot Johnson (LA) Rogers (AL) Stivers Upton Wild Cheney Johnson (OH) Rogers (KY) Abraham Evans Luja´ n Suozzi Van Drew Wilson (FL) Cline Johnson (SD) Rose, John W. Adams Finkenauer Luria Swalwell (CA) Vargas Wilson (SC) Cloud Jordan Rouzer Aguilar Fitzpatrick Lynch Takano Veasey Cole Joyce (OH) Roy Allen Fletcher Malinowski Thompson (CA) Vela Wittman Collins (GA) Joyce (PA) Rutherford Allred Fortenberry Maloney, Thompson (MS) Vela´ zquez Womack Comer Katko Scalise Amodei Foster Carolyn B. Thompson (PA) Visclosky Yarmuth Conaway Keller Schweikert Armstrong Foxx (NC) Maloney, Sean Titus Wagner Young Cook Kelly (MS) Scott, Austin Axne Frankel Matsui Tlaib Walberg Zeldin Crawford Kelly (PA) Shimkus Balderson Fudge McAdams Crenshaw King (IA) Smith (MO) Barr Gallagher McBath NAYS—96 ´ Curtis King (NY) Smith (NE) Barragan Gallego McCarthy Amash Gianforte Newhouse Davidson (OH) Kinzinger Smith (NJ) Bass Garamendi McCaul Arrington Gibbs Norman ´ Davis, Rodney Kustoff (TN) Smucker Beatty Garcıa (IL) McCollum Babin Gohmert Nunes DesJarlais LaHood Spano Bera Garcia (TX) McEachin Bacon Gosar Olson Diaz-Balart LaMalfa Stauber Bergman Golden McGovern Baird Graves (MO) Palazzo Duncan Lamborn Stefanik Beyer Gomez McHenry Banks Green (TN) Palmer Dunn Latta Steil Bilirakis Gonzalez (OH) McKinley Biggs Griffith Posey Emmer Lesko Steube Bishop (GA) Gonzalez (TX) McNerney Bishop (NC) Grothman Ratcliffe Estes Long Stewart Bishop (UT) Gottheimer Meeks Brady Hagedorn Rice (SC) Ferguson Loudermilk Stivers Blumenauer Granger Meng Brooks (AL) Harris Riggleman Fitzpatrick Lucas Taylor Blunt Rochester Graves (GA) Mitchell Buck Hern, Kevin Rose, John W. Fleischmann Luetkemeyer Thompson (PA) Bonamici Graves (LA) Moolenaar Budd Hice (GA) Rouzer Flores Marshall Thornberry Bost Green, Al (TX) Moore Burchett Higgins (LA) Roy Fortenberry Massie Timmons Boyle, Brendan Grijalva Morelle Burgess Holding Rutherford Foxx (NC) Mast Tipton F. Guest Moulton Byrne Johnson (OH) Schweikert Fulcher McCarthy Turner Brindisi Guthrie Mucarsel-Powell Carter (GA) Jordan Shimkus Gaetz McCaul Upton Brooks (IN) Haaland Murphy (FL) Cheney Joyce (PA) Smith (MO) Gallagher McClintock Wagner Brownley (CA) Harder (CA) Murphy (NC) Cloud King (IA) Smith (NE) Gianforte McHenry Walberg Buchanan Hartzler Nadler Conaway LaHood Steube Gibbs McKinley Walden Bucshon Hastings Napolitano Crawford LaMalfa Stewart Gohmert Meadows Walker Bustos Hayes Neal Crenshaw Lamborn Taylor Gonzalez (OH) Miller Walorski Butterfield Heck Neguse Curtis Lesko Thornberry Gosar Mitchell Waltz Calvert Herrera Beutler Norcross Davidson (OH) Long Timmons Granger Moolenaar Watkins Carbajal Higgins (NY) O’Halleran DesJarlais Loudermilk Tipton ´ Graves (GA) Mooney (WV) Weber (TX) Cardenas Hill (AR) Ocasio-Cortez Duncan Marshall Walorski Graves (LA) Mullin Webster (FL) Carson (IN) Himes Omar Emmer Massie Watkins Graves (MO) Murphy (NC) Wenstrup Carter (TX) Hollingsworth Pallone Estes Mast Weber (TX) Green (TN) Newhouse Westerman Cartwright Horn, Kendra S. Panetta Ferguson McClintock Webster (FL) Griffith Norman Williams Case Horsford Pappas Fleischmann Meadows Wenstrup Grothman Nunes Wilson (SC) Casten (IL) Houlahan Pascrell Flores Miller Williams Guest Olson Wittman Castor (FL) Hoyer Payne Fulcher Mooney (WV) Wright Guthrie Palazzo Womack Castro (TX) Hudson Pence Gaetz Mullin Yoho Hagedorn Palmer Woodall Chabot Huffman Perlmutter Harris Pence Wright Chu, Judy Huizenga Perry NOT VOTING—15 Cicilline Hurd (TX) Peters Hartzler Perry Yoho Aderholt Marchant Smith (WA) Cisneros Jackson Lee Peterson Hern, Kevin Porter Young Brown (MD) Meuser Wasserman Clark (MA) Jayapal Phillips Herrera Beutler Posey Zeldin Gabbard Rooney (FL) Schultz Clarke (NY) Jeffries Pingree Gooden Sensenbrenner NOT VOTING—15 Clay Johnson (GA) Pocan Woodall Hunter Serrano Cleaver Johnson (LA) Porter Aderholt Hunter Serrano Lieu, Ted Simpson Cline Johnson (SD) Pressley Bishop (UT) Lieu, Ted Simpson Clyburn Johnson (TX) Price (NC) Brown (MD) Marchant Wasserman b 1427 Cohen Joyce (OH) Quigley Carter (TX) Meuser Schultz So (two-thirds being in the affirma- Gabbard Rooney (FL) Cole Kaptur Raskin Gooden Sensenbrenner Collins (GA) Katko Reed tive) the rules were suspended and the Comer Keating Reschenthaler bill, as amended, was passed. b 1417 Connolly Keller Rice (NY) Cook Kelly (IL) Richmond The result of the vote was announced So the resolution was agreed to. Cooper Kelly (MS) Roby as above recorded. The result of the vote was announced Correa Kelly (PA) Rodgers (WA) A motion to reconsider was laid on as above recorded. Costa Kennedy Roe, David P. the table. Courtney Khanna Rogers (AL) A motion to reconsider was laid on Cox (CA) Kildee Rogers (KY) PERSONAL EXPLANATION the table. Craig Kilmer Rose (NY) Mr. SIMPSON. Mr. Speaker, for personal Crist Kim Rouda f Crow Kind Roybal-Allard reasons, I missed the first vote series today. FOSTERING UNDERGRADUATE Cuellar King (NY) Ruiz Had I been present, I would have voted ‘‘nay’’ Cunningham Kinzinger Ruppersberger TALENT BY UNLOCKING RE- on rollcall No. 657, ‘‘nay’’ on rollcall No. 658, Davids (KS) Kirkpatrick Rush and ‘‘yea’’ on rollcall No. 659. SOURCES FOR EDUCATION ACT Davis (CA) Krishnamoorthi Ryan Davis, Danny K. Kuster (NH) Sa´ nchez f The SPEAKER pro tempore. Pursu- Davis, Rodney Kustoff (TN) Sarbanes ant to clause 8 of rule XX, the unfin- Dean Lamb Scalise TRIBAL COASTAL RESILIENCY ACT ished business is the vote on the mo- DeFazio Langevin Scanlon GENERAL LEAVE DeGette Larsen (WA) Schakowsky tion to suspend the rules and pass the DeLauro Larson (CT) Schiff Mr. CASE. Mr. Speaker, I ask unani- bill (H.R. 5363) to reauthorize manda- DelBene Latta Schneider mous consent that all Members may tory funding programs for historically Delgado Lawrence Schrader have 5 legislative days in which to re- Black colleges and universities and Demings Lawson (FL) Schrier DeSaulnier Lee (CA) Scott (VA) vise and extend their remarks and to other minority-serving institutions, Deutch Lee (NV) Scott, Austin insert extraneous materials on H.R. and for other purposes, as amended, on Diaz-Balart Levin (CA) Scott, David 729. which the yeas and nays were ordered. Dingell Levin (MI) Sewell (AL) The SPEAKER pro tempore. Is there Doggett Lewis Shalala The Clerk read the title of the bill. Doyle, Michael Lipinski Sherman objection to the request of the gen- The SPEAKER pro tempore. The F. Loebsack Sherrill tleman from Hawaii? question is on the motion offered by Dunn Lofgren Sires There was no objection. the gentlewoman from North Carolina Engel Lowenthal Slotkin The SPEAKER pro tempore. Pursu- Escobar Lowey Smith (NJ) (Ms. ADAMS) that the House suspend Eshoo Lucas Smucker ant to House Resolution 748 and rule the rules and pass the bill, as amended. Espaillat Luetkemeyer Soto XVIII, the Chair declares the House in

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.015 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9970 CONGRESSIONAL RECORD — HOUSE December 10, 2019 the Committee of the Whole House on climate change, including flooding, sea HOUSE OF REPRESENTATIVES, COM- the state of the Union for the consider- level rise, severe weather, coastal ero- MITTEE ON SCIENCE, SPACE, AND ation of the bill, H.R. 729. sion, and changing water conditions TECHNOLOGY, The Chair appoints the gentlewoman Washington, DC, December 6, 2019. that affect ecosystems and fish popu- Chairman RAU´ L M. GRIJALVA, from Maine (Ms. PINGREE) to preside lations. Committee on Natural Resources, over the Committee of the Whole. They need help, and as we help them, House of Representatives, Washington, DC. b 1430 DEAR CHAIRMAN GRIJALVA: I am writing to we help all of us. We know from a gen- you concerning H.R. 2405, the ‘‘National Sea IN THE COMMITTEE OF THE WHOLE eration of data now that every dollar Grant College Program Amendments Act of Accordingly, the House resolved invested in predisaster mitigation 2019,’’ which was referred to the Committee itself into the Committee of the Whole saves at least $6 in recovery costs. H.R. on Natural Resources on April 30, 2019. House on the state of the Union for the 729 includes bipartisan measures that In the interest of expedience in the consid- will do this in four ways. eration of H.R. 2405 the Committee on consideration of the bill (H.R. 729) to Science, Space, and Technology will waive amend the Coastal Zone Management First, it will improve coastal resil- formal consideration of the bill. This is, how- Act of 1972 to authorize grants to In- ience and economic enhancement by ever, not a waiver of future jurisdictional dian Tribes to further achievement of making several important updates to claims by the Science Committee over the Tribal coastal zone objectives, and for the Coastal Zone Management Act, a subject matter contained in H.R. 2405 or similar legislation. other purposes, with Ms. PINGREE in then-revolutionary law from 1972 to es- the chair. Thank you for agreeing to include our ex- tablish a partnership between the Fed- The Clerk read the title of the bill. change of letters in the Congressional eral Government and coastal and Great Record. Thank you for your cooperation on The CHAIR. Pursuant to the rule, the this legislation. bill is considered read the first time. Lakes States. It will also help commu- nities implement climate-resilient liv- Sincerely, General debate shall be confined to EDDIE BERNICE JOHNSON, the bill and amendments specified in ing shoreline projects that use natural Chairwoman, Committee on Science, the resolution and shall not exceed 1 materials to protect communities and Space, and Technology. hour equally divided and controlled by ecosystems instead of hard or armored the chair and ranking minority mem- walls and infrastructure that we know HOUSE OF REPRESENTATIVES, ber of the Committee on Natural Re- are less effective. COMMITTEE ON NATURAL RESOURCES, Washington, DC, December 9, 2019. sources. Second, it will reinforce fish habitat Chairwoman EDDIE BERNICE JOHNSON, The gentleman from Hawaii (Mr. conservation and fisheries research. It Committee on Science, Space, and Technology, CASE) and the gentleman from Utah will also authorize steady funding for House of Representatives, Washington, DC. (Mr. BISHOP) each will control 30 min- the U.S. Geological Survey to conduct DEAR CHAIRWOMAN JOHNSON: In recognition utes. science and research activities to sup- of the goal of expediting consideration of The Chair recognizes the gentleman H.R. 2405, the ‘‘National Sea Grant College port fishery management in the Great Program Amendments Act of 2019,’’ which from Hawaii. Lakes and to restore the loss of basic Mr. CASE. Madam Chair, I yield my- was referred solely to the Committee on Nat- fishery science capabilities and accel- ural Resources, the Committee on Natural self such time as I may consume. erate implementation of new tech- Resources appreciates the decision by the Madam Chair, today I am truly hon- nology. Committee on Science, Space, and Tech- ored to bring to the floor a bipartisan nology (‘‘Science Committee’’) not to pursue bill championed by many colleagues Third, recognizing that responsible its request for a sequential referral of the from throughout the country and many management of the oceans, coasts, and bill as to any provisions that fall within the individuals and organizations passion- Great Lakes relies on robust data, this Rule X jurisdiction of the Science Com- ately committed to our oceans, lakes, bill will reauthorize the integrated mittee. coastal and ocean observation system The Committee on Natural Resources ac- and coastlines and to the ecosystems, knowledges this action with the mutual un- communities, and economies that de- and, for the first time, formally au- derstanding that, in doing so, the Science pend on them. thorize the digital coast partnership, Committee does not waive any future juris- I especially want to recognize my both of which are led by the National dictional claims over the subject matter con- colleagues who introduced and advo- Oceanic and Atmospheric Administra- tained in this or similar legislation, and the cated the measures that are incor- tion. Committee on Natural Resources agrees to porated in this bill: Representatives include our exchange of letters in the Con- Finally, H.R. 729 will update the Na- gressional Record. KILMER, HUFFMAN, WITTMAN, QUIGLEY, tional Sea Grant College Program to I appreciate your cooperation regarding PALLONE, PINGREE, NORTON, CARBAJAL, ensure the United States has a strong this legislation. RUPPERSBERGER, and YOUNG. marine and coastal science and policy Sincerely, This bill consolidates 10 bipartisan ´ workforce so that we can continue to RAUL M. GRIJALVA, bills, cosponsored by a total of 24 of my Chair, Committee on Natural Resources. develop smart policy solutions in the minority colleagues, that tackle the future. Mr. BISHOP of Utah. Madam Chair, I crisis and challenge of our time: cli- yield myself such time as I may con- mate change. This bipartisan bill is supported by a sume. Climate change, of course, knows no plethora of diverse organizations Madam Chair, as we approach this partisan, country, or other manmade across our country, including the Con- particular piece of legislation, there boundaries. It indiscriminately threat- gressional Sportsmen’s Foundation, are other issues that seem to be float- ens us all, but it is especially insidious the Teddy Roosevelt Conservation ing around at this time of year that as it applies to our world’s oceans, Project, the American Sportfishing As- seem to have sucked all the air out of lakes, and coastlines. sociation, and Ocean Conservancy. Congress. Everyone seems to be talking Earlier this year, the Intergovern- It won’t, in and of itself, solve cli- about impeachment instead of this mental Panel on Climate Change mate change. That takes a much larg- stuff. But I realize it is important for issued a special report on ocean and er, more focused, and deliberate inter- the majority party to try and give the cryosphere in a changing climate, national effort. But it will move our illusion that we are actually doing making crystal clear that our oceans Federal policy into the present and the something, and, therefore, we have this and coasts are under mortal threat. future as to what risks arise for our bill before us. Over 40 percent of Americans live in If this bill is indeed the vision that oceans, lakes, and coasts and their coastal counties right on our oceans the majority party wants to say is communities, and this bill is an imper- and lakes. These communities not only their way of helping climate control or account for nearly half of our U.S. ative step in the difficult process we helping the costs and the betterment of gross domestic product, but they are face. our seas and oceans, if this is their phi- on the front lines of climate change Madam Chair, I urge my colleagues’ losophy, if this is their vision, and if and need resources today to help pre- support, and I reserve the balance of this is their new, really big and giant pare for and respond to the effects of my time. kind of really cool thing that they are

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.035 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9971 going to bring out here as their state- Four of those 29 amendments are actu- Far too often and far too many ment of what is going to happen, then ally bills that other people have pro- times, we have seen more severe they ought to be embarrassed in some posed. storms and rising sea levels threaten way. Since nothing is really being done in communities like this. In my region, This bill is like getting that Christ- the legislative process here, this seems we have seen it in La Push, where the mas package, and once you tear off all to be like the only game in town, so Quileute Tribal School is in the cross- the pretty wrapping paper and the why not add your bill on to it? hairs of a rising ocean. satin bows, Madam Chair, you will re- We saw the same thing happening on We have seen coastal challenges alize, and Americans will realize, this the NDAA when we did several things threaten public safety, public access, piece of legislation is an empty box. that were in the purview of our com- and cultural landmarks for these There is nothing there. mittee that were added to that bill Tribes and others, including the Hoh There are 10 bills that we have here. having nothing to do with the military, and Makah Tribes. These communities Three would actually qualify to go as but it was the only thing going in are seeing the impact of climate suspensions. We have no qualms with town, so add your bill on top of it. change right now. those. But it is certainly not Of those bills, three of them had ab- Breached seawalls, persistent flood- groundbreaking new ideas that are solutely no hearings whatsoever; they ing, mold damage, tsunami threats, coming up here. are just new. They have been added on and coastal erosion put homes at risk. In fact, one of those bills is the one here, and we are going to try and do They put schools serving Tribal youth from Mr. KILMER. He has a great bill. It this and bypass the entire system at risk and community centers serving has one small problem with it that which is supposed to be the way you elders at risk, not to mention impor- could create a problem in the future, actually do legislating in this body. tant cultural sites that date back gen- One of them did have a hearing. Un- and there was a Democrat amendment erations. fortunately, it was last Congress when that was proposed to the Rules Com- Unfortunately, these threats from we were in charge. I guess that is close mittee which would be a perfect solu- changing landscapes and weather enough for government work here. tion. events can’t be adequately addressed Unfortunately, of all the 29-plus But the problem that we do simply by Tribal governments alone because amendments the Rules Committee de- have is that there are so many poten- they don’t have the resources. While cided to make in order, the one that tial problems with this bill. actually fixes something that we would Now, two of these bills that have the Federal Government has resources support, they decided not to make that been added to this have some specific to help coastal communities, there is in order. It is great. It is marvelous. issues which we will talk about in the no ability under current law to make We will try to fix it over in the Senate course of the discussion that we have direct applications for this funding. side. around the bill: one of them dealing Madam Chair, I grew up on the Olym- Of the other bills, four of them do ab- with, once again, whether a city is the pic Peninsula. I have seen, firsthand, solutely nothing. In fact, the testi- same thing as a State for coastal man- challenges faced by coastal commu- mony we had in committee on those agement planning; one of them will be nities; and, today, in the face of these bills was they are presently being done dealing with some of the programs that threats, with this bill, we say that we by the status quo. The agency said in are going to be mandatory under this are not going to tell these communities their testimony that they have the particular folderol of legislation that that they are on their own, because to- power and the authority to do this al- has been kind of cobbled together as if day’s proposal includes my bill, the ready. The only thing you are going to this were a good, bright, and com- Tribal Coastal Resiliency Act, which add by combining these extra bills, prehensive approach to try and solve aims to uphold Tribal sovereignty by Madam Chair, is simply a $1.4 billion problems in America. modernizing NOAA’s Coastal Zone cost increase to it. Madam Chair, I don’t want to be too Management grant program to allow There are four of these bills that critical because I realize one of these Tribal governments to directly com- have no Senate counterpart, which bills in here is yours. At the same pete for these grants instead of requir- means we can pass them over here, but time, this package of bills is not a ing them to petition States to they are going nowhere in the Senate. great idea; it is not grand philosophy; prioritize these projects. So, once again, this is simply a lost and it doesn’t solve anything. In fact, b 1445 opportunity to do something when we for the majority of it, you already have have so many significant issues. In the power to do it. You don’t need this The CHAIR. The time of the gen- fact, in the Rules Committee last stuff in here. There are better ways of tleman has expired. night, they mentioned some of the doing it, and this is certainly not one Mr. CASE. Madam Chair, I yield an things we need to do before next Fri- of those ways. additional 15 seconds to the gentleman day, like the NDAA, which should have Madam Chair, I reserve the balance from Washington. been done in September; or the of my time. Mr. KILMER. This is about helping USMCA, which was ready to go in Au- Mr. CASE. Madam Chair, I yield 2 communities that face more severe gust; or the funding bill that we need minutes to the gentleman from Wash- storms and increased flooding in my re- to do, which we should have had done ington (Mr. KILMER), who is the intro- gion and around the country. This is by June; or even the backlog mainte- ducer of the bill in chief. about the Federal Government uphold- nance bill that Mr. KILMER and I have, Mr. KILMER. Madam Chair, I thank ing its trust responsibility. This is which has 330 sponsors and cosponsors my friend from Hawaii for yielding about making a difference for coastal and still has yet to have a vote on this time. communities. floor. Madam Chair, I rise today in strong Madam Chair, let’s pass this bill and Those actually solve problems. They support of H.R. 729, the Coastal and help our communities. do something. But we are not sched- Great Lakes Communities Enhance- Mr. CASE. Madam Speaker, I reserve uling that stuff. So we are sitting here ment Act, a package of 10 bipartisan the balance of my time. with this illusion of coming up with bills that will make significant strides Mr. BISHOP of Utah. Madam Chair, I something. to address the critical challenges our yield 4 minutes to gentleman from Ari- Some of these bills will make amend- coastal communities face as a direct zona (Mr. GOSAR). ments to the Coastal Zone Manage- result of climate change and sea level Mr. GOSAR. Madam Chairwoman, I ment Act, an act that was signed into rise. thank the gentleman for the time. law by Richard Nixon, which gives the Madam Chair, this is Taholah, the Madam Chair, the package before us Democrats kind of an ironic sense of lower village of the Quinault Indian represents the misguided partisan na- humor in actually doing that kind of Nation. This photo doesn’t show some- ture of this majority infecting every- amendment in the atmosphere of this one canoeing on a river or on a lake. It thing Congress touches. This package particular time period. shows someone canoeing through the highlights the real lost opportunities Then we also have a whole bunch of streets of their village after seawater before us because of the majority’s in- amendments that were made in order. flooded the area during a storm. sistence on impeachment all the time.

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.036 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9972 CONGRESSIONAL RECORD — HOUSE December 10, 2019 The Democrats have rallied and the authorized windows. Yet, here we dedicated funding it needs. This bipar- promised real sweeping policies to cre- are with massive new authorizations in tisan bill, which, I will add, has more ate jobs, address our trade challenges, the bill package that are unnecessary, Republican than Democratic cospon- tackle our national energy needs, and and like all things in this Congress, are sors, will correct the authorization and fight wildfires. Yet, they have been so much higher than current levels of funding deficiencies in a transparent consumed with attacking our President spending. manner and in a way that puts the and impeachment that they have noth- The agencies responsible for carrying Great Lakes on par with other mari- ing to show for it. out most of this legislation stated that time environments in the Nation. So to save face, Speaker PELOSI load- it can do, and is doing, most of these Mr. CASE. Madam Chair, I reserve ed up her giant jumbo jet, wasted tax- functions under current law. the balance of my time. payer dollars gallivanting around So why are we here? To create giant Mr. BISHOP of Utah. Madam Chair, Spain to simply talk about climate authorization slush funds that future even though this is another wonderful change. This coming week, she has Democratic Congresses working with program that already has three dif- scheduled a series of bills on the House future Democratic Presidents will have ferent agencies that do the same thing floor in the name of ‘‘combating cli- available to funnel money to their and they have the authority to do it, in mate change’’ that are actually re- schemes to combat climate change. We the Christmas spirit—maybe the gen- treads of programs that are already au- should reject this package before us. tleman from Michigan will find the thorized and actions that are already We should pass the USMCA. We should error of his ways—in the Christmas being taken by the Federal Govern- focus on infrastructure permitting and spirit, I yield 2 minutes to the gen- ment. reforming the way we approve major tleman from Michigan (Mr. UPTON). H.R. 729 is clear proof that the Demo- projects in this country to create jobs Mr. UPTON. Madam Chair, I thank crats have no agenda and have no plan and move America forward. my good friend and I thank, too, Mr. other than to impeach President Mr. CASE. Madam Chair, I yield 2 QUIGLEY, who just spoke, as the two of Trump. Most of the bills included in minutes to the gentleman from Illinois us are the bipartisan sponsors of the Great Lakes Fisheries Authorization this package before us today duplicate (Mr. QUIGLEY). existing authority that the National Mr. QUIGLEY. Madam Chair, I rise Act, and we are glad that it is part of Oceanic and Atmospheric Administra- in support of H.R. 729, which includes this package. And I rise, obviously, in support, tion, or NOAA, already has under the the text of my bill, the Great Lakes Madam Chair, today for this package of Coastal Zone Management Act, CZMA. Fishery Research Authorization Act. bills to help protect our coast and the Also, under Tribal CZMA, living shore- The Great Lakes hold 18 percent of the world’s fresh water supply, and Great Lakes. line and climate change, NOAA and You know, in the southwest there is over 35 million people depend on the U.S. Fish and Wildlife Service have for a saying, ‘‘Don’t mess with Texas.’’ lakes for drinking water, recreation, fishery research and management, like Well, as one that grew up on the shores fish and wildlife-related activities, in- the Great Lakes fishery, or NOAA has of Lake Michigan, there is a saying for Digital Coast data platforms. This dustrial water supply, and commercial that we have, too, ‘‘Don’t mess with package represents deeply misguided navigation. the Great Lakes.’’ priorities based off misguided efforts. The Lakes support more than 1.5 mil- This issue is deeply personal. It is Now, let’s start with the premise lion jobs and generate $62 billion in one of great importance to the Nation. that we need to designate a city, a non- wages. Of those jobs, more than 50,000 Our Great Lakes hold 18 percent of the coastal city, as a participating member are directly sustained by the Great world’s fresh water supply, covers some of the Coastal Zone Management Act. Lakes’ $7 billion fishing industry. 9,000 miles of shoreline, and this helps Why would we declare the District of The Great Lakes Science Center has generate over $7 billion a year in sport Columbia a ‘‘coastal city’’ and give field operations in 5 of the 8 Great and commercial fishing industry alone. them veto power over Federal actions Lake States and owns and operates a This bill would authorize the U.S. Geo- affecting its coastal zone, once it de- fleet of large research vessels that logical Survey Great Lakes Science velops an approved coastal zone man- monitor the Lakes and the fishery to Center to conduct science and research agement program? Political partisan ensure that these crucial ecosystems activities to support fishery manage- power. stay healthy and productive. ment decisions in the Great Lakes. What does this threaten? The Center is the only agency that Funds are going to be used to restore What happens when the District of conducts multi-jurisdictional, lake- the loss of basic fishery science capa- Columbia expresses concerns with the wide scientific assessments in the bilities, accelerate the development of impacts of expanded Federal oper- Lakes, and is crucial for protecting and invasive species controls and the res- ations at Naval Station Norfolk? What preserving this incredible resource and toration of native species, and imple- happens when the Federal Government economic driver. ment advanced autonomous and re- wants to expand the Wilson Bridge and Due to the unique governance struc- mote sensing technologies. Current au- I–495? Does D.C. get veto authority? ture of the Great Lakes, where there is thorizations for the U.S. Geological This bill could grant them that author- no Federal water, NOAA, which nor- Survey Great Lakes Science Center is ity. mally manages fishery science, has no confusing and funding is often piece- Next, let’s be clear, the loan guar- jurisdiction, and GLSC falls under the meal. In the past, the funds have been antee program under the Working Wa- umbrella of the USGS. diverted to other unrelated purposes terfront program will simply put the Unfortunately, unlike coastal fishery and disrupted ongoing research. That American taxpayer on the hook for management agencies, the GLSC has has got to change. local defaults with little or no ade- had to piece together funding from the With dedicated funding and clear au- quate oversight. USGS base appropriation since it has thorization, the U.S. Geological Survey While the National Sea Grant Pro- no formal authorization or dedicated Great Lakes Science Center will, in gram is popular among coastal mem- line item. It has been forced to cobble fact, be able to better ensure the bers, this bill establishes a mandatory together funding from three or four dif- health of the Great Lakes ecosystem. fellowship program that provides free ferent sources within USGS every year, This is going to help enhance our graduate students to staff, and, yes, and as a result, has lagged far behind coastal resilience, restore fish habitat, Democratic congressional offices, at its peers in introducing 21st century and protect our important coastal taxpayer expense. technology to properly and effectively economies. Finally, according to the Congres- monitor the Lakes. In fact, its funding I support the legislation. sional Budget Office, CBO, the cumu- has even been raided and diverted to Mr. CASE. Madam Chair, I yield 2 lative cost of this package to the other projects, including to fossil fuel minutes to the gentleman from Cali- American taxpayers would be upwards extraction research. fornia (Mr. HUFFMAN), the chair of the of $1.4 billion over the authorized peri- The Great Lakes Fishery and Re- Natural Resources Committee Sub- ods, with the potential for an addi- search Authorization Act would fix committee on Water, Oceans and Wild- tional cost of $292 million outside of this problem and give the GLSC the life.

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.038 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9973 Mr. HUFFMAN. Madam Chair, it is hearing and allowing members of those through markup, costs over $631 mil- great to follow those warm, bipartisan committees to have their will and say lion and inserts Federal priorities into remarks from my friend from Michi- something. coastal zone management, which gan, because, after all, even though The process is not to allow the chair- counters the CZMA’s original intention you wouldn’t know it from the ranking man to determine what bills will or of assessing coastal management needs member’s remarks, we are here to con- will not be added—what bills will or according to the unique and diverse sider a package of bipartisan bills that will not be. It is to allow the members conditions and desires of the commu- provide commonsense, science-based of the committee to have that kind of nities along our coast. solutions for issues facing our coastal input, and this process is eliminating communities. These bills reflect put- that kind of input. b 1500 ting aside our differences and looking Madam Chair, I yield 4 minutes to at the facts for the sake of our con- the gentleman from California (Mr. Another measure thrown into this stituents in coastal economies around MCCLINTOCK). He knows more about package is H.R. 1314, which reauthor- this country. this issue than the rest of us on the izes the Integrated Ocean Observing Last week, I attended the U.N. Cli- floor combined. System. Now, this system is good. It mate Conference in Madrid. We were Mr. MCCLINTOCK. Madam Chair, I provides data to coastal communities focused on international action on cli- thank the gentleman for yielding. and local fishermen on weather condi- mate change, and specifically, the role Madam Chair, I rise in opposition to tions. It is critical. So far, so good. of the oceans. this measure. A collection of minor, But then it follows up on very good Because of climate change, coastal flawed bills was presented to our Sub- public policy with very bad fiscal pol- cities will be devastated from sea-level committee on Water, Oceans and Wild- icy by providing open, limitless author- rise, and commercial fisheries could be life a few months ago, and instead of ization of funds for the program. It either totally collapsed or moved be- correcting the flaws, they have simply should be amended to set specific au- yond the reach of our coastal commu- been repackaged and rebranded as a thorization limits, as Senate versions nities, all in my children’s lifetimes. landmark climate change bill. of the measure have done. So, yes, adaptation and mitigation The net result is the climate is going Madam Chair, I fail to see how this will be costly, but the cost of doing to continue to change and our country package would provide new benefits to nothing is exponentially higher. And will be about $1.5 billion a year poorer coastal States other than, apparently, the cost of inaction continues to in- for it. the coastal community of Washington, crease every day that special interests Take, for example, H.R. 1023 included D.C. Further, NOAA already does most concerned with keeping the status quo in this package, it creates a new Fed- of the work that this package claims to are put ahead of our oceans, our coasts, eral fishery monitoring program for authorize. This is duplicative and and future generations. the Great Lakes Basin. Well, the Na- wasteful of our resources at a time Now, this package of bills will pro- tional Marine Fisheries Service and when the Nation is running dan- vide tools and resources coastal com- the U.S. Fish and Wildlife Service al- gerously high deficits. munities need to prepare for the im- ready conduct similar fishery studies And, as I said, it is going to require pacts of climate change and to protect right now. Instead, this bill would task another $1.4 billion of Federal spend- local economies. an agency that has little experience in ing; that is about $11 from the earnings One section is based on my bill, the fishery, science, and management, the of every family in the country. I think National Sea Grant College Program U.S. Geological Survey, to do basically that is an expensive press release for Amendments Act. It updates the Sea the same thing. something that does so little that we Grant program to better respond to the And this is especially baffling since are not already doing. needs of the coastal communities we are currently paying NOAA some And, with that, I would ask that the through research, education, and ex- $28 million a year for ocean, coastal, bill be rejected. and Great Lakes research, and another tension programs. It also helps develop Mr. CASE. Madam Chair, I yield 1 $2.9 million for interjurisdictional fish- the coastal and marine research and minute to the gentleman from South policy workforce that our country eries grants, which could be used for Carolina (Mr. CUNNINGHAM), a valued Great Lakes management and science. needs to respond to these challenges. member of our Natural Resources Com- Reauthorizing this important pro- Another measure is H.R. 2405, this re- mittee. gram is critical. To date, the program authorizes NOAA’s Sea Grant Program, Mr. CUNNINGHAM. Madam Chair, has improved the resilience of 462 bumping it $10 million higher than cur- Americans depend on their oceans. In coastal communities. It has also been rently appropriated, and then increas- Lowcountry, the ocean drives our tour- an incredibly successful program in ing that authorization by nearly 5 per- ism economy and is integral to who we terms of leveraging Federal resources cent annually thereafter. This program are, which is why we need bold action with State and local funds to meet the is one that the President rightly to protect our coastal communities growing needs of these communities. sought to eliminate in his budget in Last year, Sea Grant’s work sup- order to free up funding for NOAA to from the growing threats of sea level ported over 7,000 jobs, over 1,500 busi- complete its most important core func- rise and storms, increasing both in fre- nesses, and it resulted in $624 million tions. quency and severity. in economic benefits. This program Another bill in this package purports H.R. 729 is an important step in this consistently has bipartisan support be- to modernize and enhance the Coastal direction and will empower coastal cause of its effectiveness and impor- Zone Management Act. This is my fa- communities to better prepare for and tance to communities around this vorite. What it actually does is to place respond to our rapidly changing coast- country. the seaside resort of Washington, D.C., lines. It will promote development of So, again, I thank the gentleman into the Coastal Zone Management climate-resilient shorelines that pro- from Hawaii (Mr. CASE). Act. Now, I don’t deny that Wash- tect our coasts from storms and im- Mr. CASE. Madam Chair, I reserve ington is a world-class swamp, but it is prove fish and wildlife habitats. It will the balance of my time. not a coastal community, and placing shore up working waterfronts, which Mr. BISHOP of Utah. Madam Chair, it in a coastal zone doesn’t make it face their own challenges caused by a even though it has been said, you have one. What it does do is to rob legiti- changing environment. already read it in some reports from mate coastal communities of funding H.R. 729 will be a lifeline to our the chairs of the committee of jurisdic- and influence, and it opens the door to coastal communities at a time when tion as well as the committee that further encroachments as more and they need it most, and I urge all my could have sequential referral of this, more inland cities seek to claim coast- colleagues to join me in supporting that they approve adding some of the al zone status. this critical legislation. amendments we are going to be talking Another measure thrown into this Mr. CASE. Madam Chair, I yield 2 about later into this package. I think package is H.R. 3115. This bill, which minutes to the gentleman from Mary- the same thing is actually having a never had a hearing and was rushed land (Mr. RUPPERSBERGER).

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.039 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9974 CONGRESSIONAL RECORD — HOUSE December 10, 2019 Mr. RUPPERSBERGER. Madam Mr. KILMER’s H.R. 729 is a good, de- once again explain how there are three Chair, there is a reason that the Dig- cent bill. What is so sad is the Demo- good bills in this package and a whole ital Coast Act is bipartisan and bi- crats have decided to take these two lot of other bad ones. cameral: We all have a stake in pro- decent bills that should be suspensions Mr. KEVIN HERN of Oklahoma. tecting our shorelines. and hold them as hostage to tack a Madam Chair, as we heard in the Rules Our country’s 95,000 miles of shore- whole bunch of other really crappy Committee debate yesterday, this line—not just our oceans, but our riv- stuff on with them as well, and that is package of bills before us is the first ers, streams, and lakes—are home to the sad part of this. major package put forth by House more than 42 percent of our country’s Madam Chair, I reserve the balance Democrats to solve the climate crisis population and millions of businesses of my time. that we hear about daily. that supply most of our gross domestic Mr. CASE. Madam Chair, I yield 2 Many House Democrats ran their last product. minutes to the gentlewoman from elections on the platform of putting Unfortunately, current coastal maps Florida (Ms. CASTOR). forth real, tangible solutions to this and geospatial data are woefully inad- Ms. CASTOR of Florida. Madam situation. Unfortunately, they have equate, outdated, or even nonexistent. Chair, I thank the gentleman from Ha- not lived up to those promises and are My bill, the Digital Coast Act, which waii for yielding the time. letting their constituents down with is part of this package, will allow pro- I rise today in support of the Coastal this package. fessionals at NOAA to begin a com- and Great Lakes Communities En- As Ranking Member BISHOP men- prehensive mapping process of our Na- hancement Act, H.R. 729. I also rise as tioned, this package is a hodgepodge of tion’s fragile shorelines. a proud Floridian and as the chair of provisions that reinstate current Fed- Coastal communities will be able to the House Select Committee on the eral authorities, all to the tune of use the data to better prepare for Climate Crisis. Our select committee is nearly 1.4 billion taxpayer dollars. storms, manage floods, restore eco- tasked with developing a climate ac- Let’s examine just a few of the provi- systems, and plan smarter develop- tion plan in the coming months. sions in this bill: Section 102 authorizes a Living ments near America’s coasts, harbors, Communities across America are Shoreline Grant Program. According to ports, and shorelines. grappling with the rising costs of the NOAA will train decisionmakers at the National Oceanic and Atmospheric climate crisis. Here in Congress, we are the local and State level on how to use Administration, ‘‘The agency currently working to be good partners with our the datasets to answer questions about provides financial and technical assist- neighbors and communities back home storm surge, erosion, and water level ance to coastal communities for the and provide the tools they need to take trends. The data will also be available use of living shorelines through exist- care of America’s diverse and vital on NOAA’s website for free and easy ing programs.’’ CBO estimates that coastal communities. public access, so every citizen can le- this provision will cost American tax- That is why, last month, I visited verage the expertise of the Federal payers $300 million. two of my colleagues in south Florida, Government. Section 103 authorizes the Working Every day, planners in our home- Congresswoman DONNA SHALALA and Waterfronts Grant Program. According towns are asking questions, such as, Congresswoman DEBBIE MUCARSEL- to NOAA, ‘‘Under the CZMA, coastal what is the storm surge in this commu- POWELL—they are in the Florida Keys States have the discretion to use fund- nity, how much is the bluff going to and Miami Beach—to see how their ing for many of the purposes that erode, or what are the water level communities are responding to climate would be addressed by the Working Wa- trends at the marina where we want to change. Here we are with Lad Akins of terfronts Grant Program.’’ The CBO es- build a new dock? the National Marine Sanctuary Foun- timates this provision will cost Amer- I represent Maryland, home of the dation. They are doing a lot, but we ican taxpayers upwards of $23 million. Chesapeake Bay, which provides $1 tril- have to do more. Section 106 authorizes coastal cli- lion to the economies of its watershed. Across the Keys and Miami Beach, mate change adaptation planning and So, protecting the shores of the bay and all across this great country, local preparedness grants. According to means protecting jobs. officials are taking bold action to NOAA, under the CZMA, coastal States The bill’s Republican cosponsor, Mr. adapt to sea level rise and make their already have the discretion to use DON YOUNG, represents Alaska, a State communities more resilient, but they funding to develop and implement ad- with 44,000 miles of coastline. There, need our help. aptation plans. CBO estimates that they rely on their shipping channels That is why Congress must ramp up this provision will cost American tax- for goods from the lower 48 States. bold climate legislation, like this bill, payers upwards of $114 million. They need mapping for search and res- which includes 10 separate measures to Subtitle A of title II authorizes the cue operations and to support the fish- help coastal communities become more National Fish Habitat Conservation ing industry, which is their largest pri- resilient. Through Partnerships program, at a vate-sector employer. One of these bills will create a grant cost to American taxpayers of nearly The Digital Coast Act will arm local program for coastal communities to $40 million. Supporters of this provi- planners and managers with the high- create living shorelines. Another will sion have stated its great success, tech data they need to make smart de- expand the use of climate data, which which is very true. However, this pro- cisions and investments that could is so vital to determining how we are gram has been successfully leveraging save people’s lives. going to mitigate and how we are going Federal and State funds since 2006, all In addition to the bill’s Republican to adapt. under existing Federal funding. That cosponsor, Congressman YOUNG, I This Congress will continue to act on leads me to question why we are now would like to thank Chairman GRI- the climate crisis. Next spring, our se- authorizing an additional $40 million JALVA and Ranking Member BISHOP for lect committee will release a bold cli- for something that we have already their hard work on this package, even mate action plan, which will serve as a been spending on since 2006. though I understand Ranking Member roadmap for committees to take addi- Ultimately, this package is a deceit- BISHOP has some issues. And I also tional action. ful attempt to act on climate policy. would like to thank Senators TAMMY But Chairman GRIJALVA and the Nat- Democrats have promised sweeping BALDWIN and LISA MURKOWSKI for ural Resources Committee are ahead of policy reforms and under-delivered in a championing the bill in the Senate. the game, and I want to thank him and major way. I would urge my colleagues I urge all my colleagues to support his committee members and profes- to oppose this misguided legislation. this bill. sional staff for their deep commitment Mr. CASE. Madam Chair, I yield 1 Mr. BISHOP of Utah. Madam Chair, I to America and the places we hold dear minute to the gentlewoman from Ohio appreciate the gentleman from Mary- as we work to tackle the rising cost of (Ms. KAPTUR). land. He has got a good bill. It should climate. Ms. KAPTUR. Madam Chair, I rise to be a suspension. We wouldn’t even ask Mr. BISHOP of Utah. Madam Chair, I support H.R. 729. for a vote for it. There is nothing yield 3 minutes to the gentleman from I thank Congressman CASE for yield- wrong that. Oklahoma (Mr. KEVIN HERN) so he can ing to me and call attention to the

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.049 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9975 Great Lakes Fishery Research Author- port all these communities and fund Madam Chair, I rise in support of the ization Act, which authorizes the U.S. adaptation and coastal planning that Coastal and Great Lakes Communities Geological Service Science Center for will protect these communities and Enhancement Act, which includes leg- the Great Lakes and commend Con- their ways of life. islation to improve ocean data collec- gressman QUIGLEY for his hard work on This bipartisan package, led by Mem- tion and information sharing between the legislation. bers from across the country and Federal agencies and coastal observa- This service protects the Great Lakes across the aisle, will help communities tion partners. Fishery from voracious, destructive, on the front lines of climate change Our coastal communities rely on ac- invasive species that threaten the in- prepare for and respond to the impacts curate ocean data and monitoring for tegrity of our entire Great Lakes sys- of climate change that endanger liveli- information about ocean acidification, tem. hoods, communities, and ecosystems. harmful algal blooms and hypoxia fore- Today, in our district, the Geological I commend the many sponsors on casting, tsunami preparedness, naviga- Service is leading the charge to iden- this important work and urge my col- tion, and port security. tify and contain grass carp, a per- leagues to support H.R. 729. I worked with my fellow co-chair of nicious invasive whose population b 1515 the House Oceans Caucus, DON YOUNG, to reintroduce the Integrated Coastal threatens to explode but for the work Mr. CASE. Madam Chair, I yield 2 Ocean Observing System Act, which is of the Federal science agencies. minutes to the gentlewoman from included in this bill and will allow the Every day, our country sits in neu- Maine (Ms. PINGREE). tral with inadequate direction to the Ms. PINGREE. Madam Chair, I thank Integrated Ocean Observing System to Geological Service we allow invasive the gentleman from Hawaii for yield- strengthen its work using satellites, buoys, underwater gliders, and tide species to undermine the multibillion- ing. I thank Chairman GRIJALVA for his dollar Great Lakes Fishery. work on this committee, and I thank gauges to deliver accurate and contin- The Great Lakes have come a long the ranking member even though we uous data on our oceans and coasts. way since the Cuyahoga River caught don’t seem to agree on too much about Mapping the ocean floor is expected fire 60 years ago and since has healed, this bill. to be a top priority as the United Na- but we have a long way to go. I rise today in support of H.R. 729, tions’ Decade of Ocean Science for Sus- With this authorization, the Geologi- which includes my bipartisan bill to tainable Development begins in 2021. cal Service will be able to conduct protect America’s working waterfronts We must strengthen investments in the deepwater ecosystem science to help us at a time when environmental pres- Integrated Ocean Observing System better understand fish movement and sures and rapid development threaten and ocean monitoring so we can mean- behavior; and, for my district, which their future. More than 30,000 Mainers ingfully contribute to these efforts. I thank my colleague from Alaska contains the most productive, rely on marine-related industries for (Mr. YOUNG) for his leadership on this shallowest, and warmest $7 billion fish- their livelihoods. Yet out of 5,000 miles issue, and I thank Chairman GRIJALVA ery of the Great Lakes, the western of coastline, just 20 miles of workable for his support. I encourage my col- basin of Lake Erie, the service’s work waterfront remain in our State. Coastal communities across the leagues to support this bill. protects the region’s priceless ecologi- Mr. BISHOP of Utah. Madam Chair, I cal and economic future. country are feeling that same squeeze. Further reducing our usable coastline yield myself 2 minutes. Madam Chair, I urge my colleagues Madam Chair, one of the things that to support H.R. 729. will adversely impact everything from aquaculture and boatbuilding to coast- the other side has been talking about is Mr. CASE. Madam Chair, I yield such how we need a vision and need to plan time as he may consume to the gen- al tourism and commercial fishing. My bill will help to reverse this dis- for the future, which is true. The only tleman from Arizona (Mr. GRIJALVA), problem is that the stuff we have be- the chair of the full Natural Resources turbing nationwide trend of shrinking waterfronts. It will protect jobs and fore us isn’t it. This is a collection of Committee. minor programs that already exist and Mr. GRIJALVA. Madam Chair, last preserve the character of coastal com- munities. It establishes a working wa- changing them in ways that sometimes week, I was honored to attend the make no difference but sometimes have United Nations Climate Change Con- terfronts grant program and a 5-year loan fund pilot program for waterfront some negative counterpoints. ference with Speaker PELOSI and my preservation. It sets up a task force There is one bill that was just talked Democratic colleagues in Congress. within the Department of Commerce to about here that if there is a default on That conference focused on the ur- that bill, all of the sudden now, the gent need to prevent climate change identify and prioritize critical needs for the Nation’s working waterfronts. Federal Government is on the hook to from destroying our oceans. The con- Through the task force, the bill will pay for that. It was never that way be- sensus is clear: Oceans across the plan- also help communities identify and fore. et are already being damaged, and mitigate the impacts of the climate Those are minor changes that if we coastal communities everywhere are crisis. At a time when 42 percent of were handling these bills separately, if hurting. Americans live in coastal commu- they were actually being done in an ap- At the conference, we were asked nities, this task force is not only a propriate way, we could talk about how we plan to respond to the climate vital planning measure for today, it those minor changes in there. But once crisis. We could either plan now and will support the generations who will you put them all together in a package build a sustainable future or delay and follow us. with a couple of really good things to pay a very, very heavy price. To me, For 8 years, House leadership on the lead the way, everything kind of falls that was an easy choice. other side stalled critical initiatives in place. While we need to end our dependence like this one to address the climate cri- Let me give you another example. on fossil fuels, we also need to plan for sis. The scope and severity of this cri- One of the issues that comes in the fol- the impacts we already know are com- sis require comprehensive action. derol of bills that are underneath this ing for millions of Americans. Though my bill addresses just one is the Sea Grant Fellowship Program, This package of bills does that. Forty small piece, it will make all the dif- which is currently discretionary. This percent of Americans live in coastal ference for communities in my State bill would make it mandatory. Sounds counties. From fishing to shipping to and across the country. kind of nice. recreation and tourism, American jobs I urge my colleagues to join me in The program places fellows in the ex- depend on healthy, resilient coasts. support of working waterfronts and ecutive branch. We have no problem These communities need the tools to vote ‘‘yes’’ on this bill. with that whatsoever, but what this protect themselves. Mr. CASE. Madam Chair, I yield 90 bill would do, one of the things in the We need to support our coastal com- seconds to the gentlewoman from Or- weeds of this concoction of bills that munities in their adaptation and resil- egon (Ms. BONAMICI). has been cobbled together, is it would ience planning, especially indigenous Ms. BONAMICI. Madam Chair, I use taxpayer dollars to supply free and disadvantaged communities that thank the gentleman from Hawaii for staff for Members of Congress. That are often most at risk. We need to sup- yielding. concept is just plain wrong.

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.050 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9976 CONGRESSIONAL RECORD — HOUSE December 10, 2019 The underlying program is not bad. Mrs. DINGELL. Madam Chair, I rise very mission that the majority is try- Reauthorizing is not bad. That one in support of H.R. 729, the Coastal and ing to achieve. change in there is wrong. If we were Great Lakes Communities Enhance- The bill goes on further to give USGS doing these bill-by-bill, talking about ment Act. This strong, bipartisan permanent authority, or at least au- them one-by-one instead of trying to package is a combination of months of thorizing them over the long-term, for add them all together in a big package work in the Natural Resources Com- fisheries management—you know, of nothing, if we were dealing with mittee. It includes many key priorities USGS, our fisheries agency. No, they that, we could be talking about those for the Great Lakes region, including don’t manage fisheries. That would be specific issues and making those kinds Representative QUIGLEY’s Great Lakes NOAA. of decisions. Fishery Research Authorization Act. This program also takes funds and That is the way legislation ought to This bipartisan legislation will does a set-aside of authorization for be done. This is not the way legislation strengthen our understanding of Great Tribes under a coastal zone. We have ought to be done. Lakes fisheries and provide additional learned over and over again that the Madam Chair, I reserve the balance resources for research into the Great way that you manage your coastal re- of my time. Lakes Basin’s fisheries and biology. sources is by integrated management, Mr. CASE. Madam Chair, I yield 2 Cutting-edge technologies authorized not by breaking it up further and fur- minutes to the gentlewoman from the by the Great Lakes Fishery Research ther into smaller and smaller pieces. District of Columbia (Ms. NORTON). Reauthorization Act will enable sci- We already have 35 coastal States Ms. NORTON. Madam Chair, I thank entists to deliver near-real-time data and territories. We need to have inte- my good friend for yielding, and I want on quickly emerging crises, such as po- grated management. We don’t need to to assure the ranking member that the tential fisheries crashes or new and have Louisiana doing something to program I am discussing does not al- very unwelcome invasive species like mess up Mississippi or Texas. We need ready exist, but it should. the Asian carp. to make sure that we are looking at it I rise today to express my strong sup- Additionally, the package includes holistically as a Nation. port for the Coastal and Great Lakes key sportsmen’s priorities like the Na- I have been one of the biggest advo- Communities Enhancement Act, which tional Fish Habitat Conservation cates in this Congress for being includes the text of my bill, the Dis- Through Partnerships Act, which proactive and making investments in trict of Columbia Flood Prevention Act builds off State- and locally led joint our communities. I represent south of 2019. I thank my friend Natural Re- ventures to better conserve wildlife Louisiana, one of the most disaster-im- sources Committee chair RAU´ L GRI- and fish habitats. pacted areas in our entire Nation. The JALVA and Water, Oceans, and Wildlife As one of the co-chairs of the Great people I represent have been through it Subcommittee chair JARED HUFFMAN Lakes Task Force here in Congress, I all, Hurricanes Katrina, Rita, Gustav, for including my bill in this legisla- urge all of my colleagues to support Ike, Isaac. We have had high water on tion. these important provisions and vote in the Mississippi River 4 years of the last This legislation would amend the favor of the Coastal and Great Lakes 6, record high water draining from Coastal Zone Management Act of 1972 Communities Enhancement Act. Montana to New York to Canada on to include the Nation’s capital in the Mr. BISHOP of Utah. Madam Chair, I down. definition of ‘‘coastal state.’’ Our bill yield 3 minutes to the gentleman from This is not the right approach. This is a flawed approach. would correct an apparent oversight in Louisiana (Mr. GRAVES). I can’t even believe I am standing the omission of the District of Colum- Mr. GRAVES of Louisiana. Madam here. My friends have voted against me bia from the CZMA and would make Chair, I thank the gentleman from every single time we have tried to do the District eligible to receive Federal Utah for yielding. thoughtful, integrated approaches to coastal zone management funding, in- Madam Chair, I was sitting in my of- protect our coastal communities, pro- cluding flood mitigation and preven- fice in a meeting and looked up at the tect our ecological resources. To come tion funds for the Nation’s capital. TV screen on C–SPAN, and I watched Importantly, the District is located our distinguished chairman put up a in and do this in a partisan manner and on two rivers, the Anacostia and the chart that said that for every $1 you in- do it in a way that is totally hypo- Potomac, which are tidally influenced vest in proactive predisaster mitiga- critical over previous actions is ridicu- and show tangible salt water effects tion, you get $6 in cost savings. lous. Madam Chair, I urge rejection of this and fish and are a part of an intertidal- I was somewhat shocked because I bill and ask that we sit down in a bi- zone existing between high and low have used that statistic over and over partisan manner and work out bipar- maritime tides. D.C. has suffered sub- again, and I have also used the sta- tisan solutions. tistic that the Congressional Budget stantial coastal floods in the past and Mr. BISHOP of Utah. Madam Chair, I Office has a study that says you get $3 has also experienced numerous in- yield myself the balance of my time. stances of riverine and interior flood- in cost savings for every $1 you invest. What the gentleman from Louisiana ing, such as the massive flood of 2006, The Corps of Engineers has a study was saying is exactly right. Actually, which flooded Constitution Avenue and that says you get $7.92 for every $1 you he had an amendment that could have caused millions of dollars in damage to invest. The National Institutes for helped with that problem that was not the National Archives, the Internal Building Standards says you get $11 in made in order by our crack Rules Com- Revenue Service, and other Federal cost savings for every $1 you invest. mittee. I am sure if he would promise buildings. You know what? Every single time I to shave next time he speaks, they Despite these factors, D.C. was omit- have tried to do this, my good friend probably would make it in order the ted from the list of eligible States and has voted against me—every single next time we have this bill. territories in the CZMA. The oversight time. probably occurred because the CZMA This bill is designed to send out press b 1530 was passed in 1972 before the District releases. Let me be clear: Right now, Not only are there a lot of bills that achieved home rule. Because terri- we have well over $100 billion in resil- are basically meaningless because the tories are included in the definition of iency projects that are needed across authority is already there, there are a ‘‘coastal states’’ under the CZMA, it the Nation. Just last year, under a Re- few situations simply when the new ad- appears that the District omission is a publican Congress, we put tens of bil- ditions to it do not make sense. mistake which only Congress can cor- lions of dollars into funding those resil- One of the speakers in here was talk- rect. iency projects through the Corps of En- ing about one of the coastal zone man- I appreciate the gentleman for in- gineers, through FEMA. So taking an agement amendments to add Wash- cluding my bill in this bill. existing program that manages our ington, D.C., to the coastal zone man- Mr. CASE. Madam Chair, I yield 2 coastal resources and expanding the agement plan, which would be good ex- minutes to the gentlewoman from eligibility, expanding the uses of fund- cept that, first of all, Washington, Michigan (Mrs. DINGELL), a member of ing without adding new funds, all that D.C., is not a State, and, secondly, it is the Natural Resources Committee. is doing is further complicating the not even a coastal State.

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.041 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9977 It would actually make more sense to to do that, except we are giving the il- quential way, trying to solve some of have my hometown, because at least lusion of getting something done. the major problems that are there. we are on the Great Salt Lake and And this is the only game in town And reauthorizing something that is have brackish water that could be in- that is going through, so why not try already in existence doesn’t need to ac- cluded in part of this thing. and put as many bills as you can? That tually be something we spend our time It also would make a problem of sim- way, somebody could stand up and say, doing that particular thing. ply reducing the total amount of funds ‘‘Look, we just passed 16 bills. So, actually, in the spirit of Christ- that go to the 35 States that actually Wouldn’t it be nice if the Senate mas, you’ll be sorry if you are actually have their programs already here. It is picked them up?’’ going to vote for this. Only if you spell not a problem for Utah. We are not Well, that is not the way we are ‘‘you’ll,’’ Y-U-L-E, and then it can be a part of it. But those States that have doing it. We are adding 16 bills. Most of pun. coasts, they will have their programs them have no Senate counterpart. Is the gentleman satisfied? reduced because of this. Most of them will never be done in the Madam Chair, this is fun. More importantly, it provides juris- Senate. If the Senate actually deals This is not a solution. This is not a dictional problems in how the city of with this issue at all, they are going to vision. This is not anything that really Washington, D.C., would interface with separate it and divide it up and do it moves us forward. This is something the Federal Government. piecemeal, which is the way we should that should have and could have been Now, those are not insurmountable have done it in the first particular done in a much, much better way. problems, but they should have been place. Madam Chair, I yield back the bal- worked out, and they could have been If this package of bills is really a phi- ance of my time. worked out if you are actually dealing losophy, a vision of the future of what Mr. CASE. Madam Chair, I yield my- with these things in a logical, sequen- we are going to do to make either the self the balance of my time. tial way instead of lumping them all air better or the climate safer or water Madam Chair, first of all, I thank the together into some kind of overall pro- more drinkable, it doesn’t happen in members of my majority who rose in gram that actually doesn’t necessarily this bill. favor of this bill as well as the few meet the guidelines of what we are try- These things are simply a retread of members of the minority who did as ing to accomplish. ideas that, in reality, the authority well. But, as I said, there are three of they are trying to develop is actually And I again thank the 24 Republicans these bills that are in here that could already in existence. They are doing it. who supported a portion of this bill easily have gone in suspension. We Except that every once in awhile, in that is at least a start on the challenge would have done it. one of these bills, you will add a little of our time: climate change and the There is another bill in here that, tweak here or a little tweak there that impacts on our oceans, on our coast- had one amendment been made, it basically is something that is wrong, lines, and on our lakes. would have easily solved the problem, that it should not be doing: The ranking member complains on and it should have been done. Creating a program to provide in- several fronts. The first front he com- But for the bulk of these bills—minor terns for our offices without having it plains on is that this is just an illusion, changes in here, but the bulk of these come out of our own budgets, that is that this is just moving the ball no- bills can actually be done under cur- not a great idea, but it is in here; where at all. rent statutory authority. Creating new areas for something I completely reject that. I com- As we had testimony from NOAA, on that is not a State, that is not even a pletely reject the notion that strength- one of the bills, they simply said the coastal State, so they can get part of ening our Federal programs that are agency already provides financial and that money, that is not a great idea, directly related to resiliency of our technical assistance through existing but it is part of it that is in here. coastlines, that are directly related to programs. There was no reason to add Those are the things that, if we did good science applied to our oceans and that particular bill to this list. things per regular order, if we actually lakes, that are directly related to find- Another one that was on this list tried to be logical about taking a bill ing good, solid public-private partner- that tries to do the CZMA, under their and discussing it and then coming up ships to address the incredible negative authority, States have discretion to with a solution to some of the prob- impacts of climate change and other use funding for many of the purposes of lems, we could easily do that in a bi- causes on our oceans and coastlines is the working waterfronts grant program partisan way. not moving the ball forward. that were proposed by this particular But we don’t do that. Instead, we just In fact, I would suggest that the illu- bill. They can do it now. There is no lump everything together in one pack- sion we are talking about is the illu- additional authority that is needed. age in an effort to say, ‘‘Look, we are sion that the ranking member cares at Then, another one of the bills that is being productive.’’ But we are not solv- all about these issues because, if you part of this falderal of legislation ing a problem. We are not doing any- look at the record of addressing these under one umbrella said that the coast- thing that is moving the ball forward. issues under the Republican majority, al States already have discretion to use All we are doing is checking a box, say- that record is zero. They have not funding to develop and implement ing, yes, we were here on this par- moved any balls forward whatsoever. adoption plans, and they gave a spe- ticular day, and giving the illusion of And further, pardon me for dis- cific example of how one of the States some kind of activity. trusting the current administration, that does use that, NOAA gave the ex- What we really need is activity. What because the ranking member complains ample of how that flexibility already we really need is to get on with things that NOAA and other Federal agencies exists. that are of significance that should are already exercising flexibility on But we are saying over and over have been done well before now, like many of these programs—fine. Admin- again, one of the problems we have the NDAA and the trade treaty and our istrative flexibility is one thing, and with this is that you have taken one budget and the backlog maintenance all power to good people and NOAA really decent bill by Mr. KILMER, a cou- bill. All of those things should be done, who are trying to do the right thing, ple of others that should have easily but they are not being scheduled. but that is different from a congres- been in suspensions, and have used And still we are coming up with a se- sional mandate to do something. them as a hostage to add up a whole ries of bills that don’t make the case; The reason for the concern is staring bunch of other stuff to it. they are not ready for prime time. us in the face. Every year of this ad- Then, if you look at some of the This is a package that we will send ministration, there have been proposed amendments that were made in order, over to the Senate, if indeed it is disastrous budget cuts to NOAA and obviously, when you take other bills passed in here, and it will be ignored or other ocean-related programs. For the that have not had hearings, they it will be stripped apart; and we will be current fiscal year, 2020, a cut of 18 per- haven’t gone through the process, we asking the Senate to do what we cent was restored by the House major- are going to try and now add them on should have done in the first place: ity: cuts to eliminate or severely de- to this, well, why would anyone want taking these things in a logical, se- crease funding to our critical ocean

VerDate Sep 11 2014 04:48 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.044 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9978 CONGRESSIONAL RECORD — HOUSE December 10, 2019 and coastal programs, Sea Grant, that rising sea-levels, frequent flooding, coast- District should be eligible under the CZMA, coastal zone management, National al erosion, and increasingly severe weather just like the states and territories already listed Centers for Coastal Ocean Science, hy- events are a clear and present danger to our in the CZMA. drographic surveys and ocean observ- lives and livelihoods. This legislation protects I urge support for this bill. ing, climate change research, programs and preserves coastline, helps communities The CHAIR. All time for debate has that manage coral reefs and marine create and enact resiliency measures, and im- expired. mammals and sea turtles, and many proves ocean monitoring and research. Cli- Pursuant to the rule, the bill shall be more. mate change is here, and we must continue to considered for amendment under the 5- So pardon me if we are distrustful of take bold and swift action to protect coastal minute rule. this administration or of future admin- communities. An amendment in the nature of a istrations on severely restricting the The first of my two amendments to the substitute consisting of the text of flexibility that these programs have to Coastal and Great Lakes Communities En- Rules Committee Print 116–40 shall be administer critical needs for not only hancement act authorizes a prize competition considered as adopted in the House and our country, but our world. to stimulate innovation to advance coastal risk in the Committee of the Whole. The Pardon me, but it is a congressional and resilience measures. My second amend- bill, as amended, shall be considered as mandate in these areas that is really ment requires the development of a catalog of the original bill for the purpose of fur- necessary. research on applicable coastal risk reduction ther amendment under the 5-minute The ranking member and his col- and resilience measures to evaluate effective- rule and shall be considered as read. leagues complain that we are not ad- ness, eliminate redundancies, encourage co- The text of the bill, as amended, is as vancing climate change by a step. If operation, and make research findings avail- follows: they want to advance climate change able to the public. These amendments H.R. 729 with us, then join us in a major cli- strengthen the underlying bill, and I appreciate mate change initiative; join us in re- Be it enacted by the Senate and House of Rep- the opportunity to offer to advocate for the mil- turning to the Paris climate accord; resentatives of the United States of America in lions of Americans who live and work in coast- Congress assembled, join us across the board. The ranking member complains that al communities. SECTION 1. FRONT MATTER. I urge adoption of my amendments to this no due consideration was given to (a) SHORT TITLE.—This Act may be cited as important piece of legislation and final pas- the ‘‘Coastal and Great Lakes Communities En- these many bills. In fact, these bills sage of the Coastal and Great Lakes Commu- hancement Act’’. were heard; they were discussed; and, nities Enhancement Act. (b) DETERMINATION OF BUDGETARY EF- with the exception of the gentleman Ms. NORTON. Madam Chair, I rise to ex- FECTS.—The budgetary effects of this Act, for from Louisiana (Mr. GRAVES), there press my strong support for the Coastal and the purpose of complying with the Statutory were no Republican amendments of- Pay-As-You-Go Act of 2010, shall be determined Great Lakes Communities Enhancement Act fered to any of these bills. by reference to the latest statement titled The gentleman from Oklahoma (Mr. (H.R. 729), which contains a number of impor- ‘‘Budgetary Effects of PAYGO Legislation’’ for tant provisions, including the text of my bill, KEVIN HERN) complains that we should this Act, submitted for printing in the Congres- not spend more on our oceans, lakes, the District of Columbia Flood Prevention Act sional Record by the Chairman of the House and coastal cities; we should not an- of 2019 (H.R. 2185). I thank my friend, Natural Budget Committee, provided that such statement ´ has been submitted prior to the vote on passage. ticipate disaster mitigation. The gen- Resources Committee Chair RAUL GRIJALVA, and Water, Oceans, and Wildlife Sub- (c) TABLE OF CONTENTS.—The table of con- tleman from Louisiana (Mr. GRAVES) tents for this Act is as follows: committee Chair JARED HUFFMAN, for including argues that, in fact, there is not a posi- Sec. 1. Front matter. tive cost benefit in these programs and my bill in this legislation. This legislation would amend the Coastal Zone Management Act of TITLE I—COASTAL RESILIENCE AND their funding going forward. ECONOMIC ENHANCEMENT The citation for that information is 1972 (CZMA) to include the nation’s capital in the National Institute of Building the definition of ‘‘coastal state.’’ Our bill would Sec. 101. Grants to further achievement of Trib- correct an apparent oversight in the omission al coastal zone objectives. Sciences, based on 23 years’ worth of Sec. 102. Living Shoreline Grant Program. data from FEMA, the Economic Devel- of the District of Columbia from the CZMA and would make the District eligible to receive fed- Sec. 103. Working Waterfronts Grant Program. opment Administration, and HUD. Sec. 104. Working Waterfronts Preservation Investments upfront for the impacts eral coastal zone management funding, includ- Fund; grants. of climate change and other man-made ing flood mitigation and prevention funds. Sec. 105. Eligibility of District of Columbia for causation to our oceans and lakes and Importantly, the District is located on two riv- Federal funding under the Coast- coastlines is, in fact, a major return to ers, the Anacostia and Potomac Rivers, which al Zone Management Act of 1972. not only our communities, but to all are tidally influenced and show tangible salt Sec. 106. Climate change preparedness in the parts of our country. water effects (and fish) and are part of an coastal zone. The gentleman complains, and the ‘‘intertidal-zone’’ existing between high and TITLE II—FISHERY RESEARCH AND minority would have you believe, that low maritime tides. D.C. has suffered substan- CONSERVATION this is a mandatory increase of over $1 tial coastal floods in the past and has also ex- Subtitle A—National Fish Habitat Conservation billion in Federal funding. It is not. It perienced numerous instances of riverine and Through Partnerships is discretionary, in large part, to the interior flooding, such as the massive flood of Sec. 201. Purpose. Appropriations Committee. 2006 which flooded Constitution Avenue and Sec. 202. Definitions. So, as we go into the amendment caused millions of dollars in damage to the Sec. 203. National Fish Habitat Board. National Archives, the Internal Revenue Serv- Sec. 204. Fish Habitat Partnerships. process, I appreciate my colleagues’ Sec. 205. Fish Habitat Conservation Projects. support, and I truly hope that this can ice and other federal buildings. Sec. 206. Technical and scientific assistance. be a bipartisan bill. Despite these factors, D.C. was omitted Sec. 207. Coordination with States and Indian Madam Chair, I yield back the bal- from the list of eligible states and territories in Tribes. ance of my time. the CZMA. This oversight probably occurred Sec. 208. Interagency Operational Plan. Mr. ROUDA. Madam Chair, I commend my because the CZMA was passed in 1972—be- Sec. 209. Accountability and reporting. colleagues on the Natural Resources Com- fore the District achieved home rule. Because Sec. 210. Effect of this subtitle. mittee and the authors of the bill’s various pro- territories are included in the definition of Sec. 211. Nonapplicability of Federal Advisory visions and amendments for their work on ‘‘coastal states’’ under the CZMA, it appears Committee Act. H.R. 729, the Coastal and Great Lakes Com- that D.C.’s omission is a mistake, which only Sec. 212. Funding. Sec. 213. Prohibition against implementation of munities Enhancement Act. I am proud to sup- Congress can correct. regulatory authority by Federal port this critical bill aimed at equipping coastal A member of the other side complained that agencies through Partnerships. and great lakes communities with the tools the District should not be included in the bill. Subtitle B—Great Lakes Fishery Research they need to enhance resiliency planning ef- However, scientists have predicted that the Authorization forts; implement forward-thinking solutions to tides on the Atlantic Coast could rise two to Sec. 214. Definitions. address intense climate impacts; and ensure a four feet by the year 2100, causing private Sec. 215. Findings. cleaner, safer, and more sustainable future. and federal property worth as much as $7 bil- Sec. 216. Great Lakes monitoring, assessment, Orange County is ground zero for the cli- lion in the District to be routinely under threat science, and research. mate crisis. Families living on the coast know by floodwaters. Because of these factors, the Sec. 217. Authorization of appropriations.

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TITLE III—MEETING 21ST CENTURY OCEAN ‘‘(e) FUNDING.—Of amounts appropriated to Office of Habitat Conservation, the Office for AND COASTAL DATA NEEDS carry out this Act, $5,000,000 is authorized to Coastal Management, and the Restoration Cen- Subtitle A—Digital Coast carry out this section for each fiscal year. ter. ‘‘(f) DEFINITIONS.—In this section: (2) CONSIDERATIONS.—In developing criteria Sec. 301. Findings. under paragraph (1) to evaluate a proposed liv- Sec. 302. Definitions. ‘‘(1) INDIAN LAND.—The term ‘Indian land’ Sec. 303. Establishment of the Digital Coast. has the meaning that term has under section ing shoreline project, the Administrator shall 2601 of the Energy Policy Act of 1992 (25 U.S.C. take into account— Subtitle B—Integrated Coastal and Ocean 3501). (A) the potential of the project to protect the Observation System ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ community and maintain the viability of the en- Sec. 304. Staggered terms for National Inte- means an Indian tribe, as that term is defined in vironment, such as through protection of eco- grated Coastal and Ocean Obser- section 4 of the Indian Self-Determination and system functions, environmental benefits, or vation System Advisory Com- Education Assistance Act (25 U.S.C. 5304). habitat types, in the area where the project is to mittee. ‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal be carried out; Sec. 305. Integrated coastal and ocean observa- coastal zone’ means any Indian land of an In- (B) the historic and future environmental con- tion system cooperative agree- dian Tribe that is within the coastal zone. ditions of the project site, particularly those en- ments. ‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The vironmental conditions affected by climate Sec. 306. Reauthorization of Integrated Coastal term ‘Tribal coastal zone objective’ means, with change; and Ocean Observation System respect to an Indian Tribe, any of the following (C) the ecological benefits of the project; and Act of 2009. objectives: (D) the ability of the entity proposing the TITLE IV—NATIONAL SEA GRANT COLLEGE ‘‘(A) Protection, restoration, or preservation project to demonstrate the potential of the PROGRAM AMENDMENTS of areas in the Tribal coastal zone of such Tribe project to protect the coastal community where Sec. 401. References to the National Sea Grant that hold— the project is to be carried out, including College Program Act. ‘‘(i) important ecological, cultural, or sacred through— Sec. 402. Modification of Dean John A. Knauss significance for such Tribe; or (i) mitigating the effects of erosion; Marine Policy Fellowship. ‘‘(ii) traditional, historic, and esthetic values (ii) attenuating the impact of coastal storms Sec. 403. Modification of authority of Secretary essential to such Tribe. and storm surge; of Commerce to accept donations ‘‘(B) Preparing and implementing a special (iii) mitigating shoreline flooding; (iv) mitigating the effects of sea level rise, ac- for National Sea Grant College area management plan and technical planning celerated land loss, and extreme tides; Program. for important coastal areas. (v) sustaining, protecting, or restoring the Sec. 404. Repeal of requirement for report on co- ‘‘(C) Any coastal or shoreline stabilization functions and habitats of coastal ecosystems; or ordination of oceans and coastal measure, including any mitigation measure, for (vi) such other forms of coastal protection as research activities. the purpose of public safety, public access, or the Administrator considers appropriate. Sec. 405. Reduction in frequency required for cultural or historical preservation.’’. (3) PRIORITY.—In selecting living shoreline National Sea Grant Advisory (b) GUIDANCE.—Not later than 180 days after projects to receive grants under this section, the Board report. the date of the enactment of this Act, the Sec- Administrator shall give priority consideration Sec. 406. Modification of elements of National retary of Commerce shall issue guidance for the to a proposed project to be conducted in an Sea Grant College Program. program established under the amendment made Sec. 407. Direct hire authority; Dean John A. by subsection (a), including the criteria for area— (A) for which the President has declared, dur- Knauss Marine Policy Fellowship. awarding grants under such program based on Sec. 408. Authorization of appropriations for consultation with Indian Tribes (as that term is ing the 10-year period preceding the submission National Sea Grant College Pro- defined in that amendment). of the proposal for the project under subsection (b), that a major disaster exists pursuant to sec- gram. (c) USE OF STATE GRANTS TO FULFILL TRIBAL Sec. 409. Technical corrections. OBJECTIVES.—Section 306A(c)(2) of the Coastal tion 401 of the Robert T. Stafford Disaster Relief Zone Management Act of 1972 (16 U.S.C. and Emergency Assistance Act (42 U.S.C. 5170) TITLE I—COASTAL RESILIENCE AND because of a hurricane, tropical storm, coastal ECONOMIC ENHANCEMENT 1455a(c)(2)) is amended by striking ‘‘and’’ after the semicolon at the end of subparagraph (D), storm, or flooding; or SEC. 101. GRANTS TO FURTHER ACHIEVEMENT OF by striking the period at the end of subpara- (B) that has a documented history of coastal TRIBAL COASTAL ZONE OBJECTIVES. graph (E) and inserting ‘‘; and’’, and by adding erosion or frequent coastal inundation during (a) GRANTS AUTHORIZED.—The Coastal Zone at the end the following: that 10-year period. Management Act of 1972 (16 U.S.C. 1451 et seq.) ‘‘(F) fulfilling any Tribal coastal zone objec- (4) MINIMUM STANDARDS.— is amended by adding at the end the following: tive (as that term is defined in section 320).’’. (A) IN GENERAL.—The Administrator shall de- ‘‘SEC. 320. GRANTS TO FURTHER ACHIEVEMENT velop minimum standards to be used in selecting (d) OTHER PROGRAMS NOT AFFECTED.—Noth- OF TRIBAL COASTAL ZONE OBJEC- eligible entities to receive grants under this sec- TIVES. ing in this section shall be construed to affect the ability of an Indian Tribe to apply for, re- tion, taking into account— ‘‘(a) GRANTS AUTHORIZED.—The Secretary (i) the considerations described in paragraph ceive assistance under, or participate in any may award competitive grants to Indian Tribes (2); and program authorized by the Coastal Zone Man- to further achievement of the objectives of such (ii) the need for such standards to be general agement Act of 1972 (16 U.S.C. 1451 et seq.) or a Tribe for its Tribal coastal zone. enough to accommodate concerns relating to other related Federal laws. ‘‘(b) COST SHARE.— specific project sites. ‘‘(1) IN GENERAL.—The Federal share of the SEC. 102. LIVING SHORELINE GRANT PROGRAM. (B) CONSULTATIONS.—In developing standards cost of any activity carried out with a grant (a) ESTABLISHMENT.—The Administrator shall under subparagraph (A), the Administrator— under this section shall be— make grants to eligible entities for purposes of— (i) shall consult with relevant offices of the ‘‘(A) in the case of a grant of less than (1) designing and implementing large- and National Oceanic and Atmospheric Administra- $200,000, 100 percent of such cost; and small-scale, climate-resilient living shoreline tion, such as the Office of Habitat Conservation, ‘‘(B) in the case of a grant of $200,000 or more, projects; and the Office for Coastal Management, and the 95 percent of such cost, except as provided in (2) applying innovative uses of natural mate- Restoration Center; and paragraph (2). rials and systems to protect coastal communities, (ii) may consult with— ‘‘(2) WAIVER.—The Secretary may waive the habitats, and natural system functions. (I) relevant interagency councils, such as the application of paragraph (1)(B) with respect to (b) PROJECT PROPOSALS.—To be eligible to re- Estuary Habitat Restoration Council; a grant to an Indian Tribe, or otherwise reduce ceive a grant under this section, an eligible enti- (II) State coastal management agencies; and the portion of the share of the cost of an activ- ty shall— (III) relevant nongovernmental organizations. ity required to be paid by an Indian Tribe under (1) submit to the Administrator a proposal for (d) USE OF FUNDS.—A grant awarded under such paragraph, if the Secretary determines a living shoreline project, including monitoring, this section to an eligible entity to carry out a that the Tribe does not have sufficient funds to data collection, and measurable performance living shoreline project may be used by the eligi- pay such portion. criteria with respect to the project; and ble entity only— ‘‘(c) COMPATIBILITY.—The Secretary may not (2) demonstrate to the Administrator that the (1) to carry out the project, including adminis- award a grant under this section unless the Sec- entity has any permits or other authorizations tration, design, permitting, entry into negotiated retary determines that the activities to be car- from local, State, and Federal government agen- indirect cost rate agreements, and construction; ried out with the grant are compatible with this cies necessary to carry out the living shoreline and title and that the grantee has consulted with project or provide evidence demonstrating gen- (2) to monitor, collect, and report data on the the affected coastal state regarding the grant eral support from such agencies. performance (including performance over time) objectives and purposes. (c) PROJECT SELECTION.— of the project, in accordance with standards ‘‘(d) AUTHORIZED OBJECTIVES AND PUR- (1) DEVELOPMENT OF CRITERIA.—The Adminis- issued by the Administrator under subsection POSES.—Amounts awarded as a grant under this trator shall select eligible entities to receive (f)(2). section shall be used for one or more of the ob- grants under this section based on criteria de- (e) COST-SHARING.— jectives and purposes authorized under sub- veloped by the Administrator, in consultation (1) IN GENERAL.—Except as provided in para- sections (b) and (c), respectively, of section with relevant offices of the National Oceanic graph (2), an eligible entity that receives a grant 306A. and Atmospheric Administration, such as the under this section to carry out a living shoreline

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project shall provide, from non-Federal sources, (g) AUTHORIZATION OF APPROPRIATIONS.— the United States Geological Survey, the Navy, funds or other resources (such as land or con- There are authorized to be appropriated the National Marine Fisheries Service, the Eco- servation easements or in-kind matching from $50,000,000 to the Administrator for each of fis- nomic Development Agency, and such other private entities) valued at not less than 50 per- cal years 2020 through 2025 for purposes of car- Federal agencies as the Secretary considers ap- cent of the total cost, including administrative rying out this section. propriate. costs, of the project. (h) DEFINITIONS.—In this section: ‘‘(3) FUNCTIONS.—The task force shall— (2) REDUCED MATCHING REQUIREMENT FOR (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(A) identify and prioritize critical needs with CERTAIN COMMUNITIES.—The Administrator may trator’’ means the Administrator of the National respect to working waterfronts in States that reduce or waive the matching requirement under Oceanic and Atmospheric Administration. have a management program approved by the paragraph (1) for an eligible entity representing (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- Secretary of Commerce pursuant to section 306, a community or nonprofit organization if— ty’’ means any of the following: in the areas of— (A) the eligible entity submits to the Adminis- (A) A unit of a State or local government. ‘‘(i) economic and cultural importance of trator in writing— (B) An organization described in section working waterfronts to communities; (i) a request for such a reduction and the 501(c)(3) of the Internal Revenue Code of 1986 ‘‘(ii) changing environments and threats amount of the reduction; and that is exempt from taxation under section working waterfronts face from environment (ii) a justification for why the entity cannot 501(a) of such Code. changes, trade barriers, sea level rise, extreme meet the matching requirement; and (C) An Indian Tribe (as defined in section 4 of weather events, ocean acidification, and harm- (B) the Administrator agrees with the jus- the Indian Self-Determination and Education ful algal blooms; and tification. Assistance Act (25 U.S.C. 5304)). ‘‘(iii) identifying working waterfronts and ONITORING AND EPORTING (f) M R .— (3) LIVING SHORELINE PROJECT.—The term highlighting them within communities; (1) IN GENERAL.—The Administrator shall re- ‘‘living shoreline project’’— ‘‘(B) outline options, in coordination with quire each eligible entity receiving a grant (A) means a project that— coastal States and local stakeholders, to address under this section (or a representative of the en- (i) restores or stabilizes a shoreline, including such critical needs, including adaptation and tity) to carry out a living shoreline project— marshes, wetlands, and other vegetated areas mitigation where applicable; (A) to transmit to the Administrator data col- that are part of the shoreline ecosystem, by ‘‘(C) identify Federal agencies that are re- lected under the project; using natural materials and systems to create sponsible under existing law for addressing such (B) to monitor the project and to collect data critical needs; and on— buffers to attenuate the impact of coastal storms, currents, flooding, and wave energy and ‘‘(D) recommend Federal agencies best suited (i) the ecological benefits of the project and to address any critical needs for which no agen- the protection provided by the project for the to prevent or minimize shoreline erosion while supporting coastal ecosystems and habitats; cy is responsible under existing law. coastal community where the project is carried ‘‘(4) INFORMATION TO BE CONSIDERED.—In out, including through— (ii) incorporates as many natural elements as possible, such as native wetlands, submerged identifying and prioritizing policy gaps pursu- (I) mitigating the effects of erosion; ant to paragraph (3), the task force shall con- (II) attenuating the impact of coastal storms aquatic plants, oyster shells, native grasses, shrubs, or trees; sider the findings and recommendations con- and storm surge; tained in section VI of the report entitled ‘The (III) mitigating shoreline flooding; (iii) utilizes techniques that incorporate eco- Sustainable Working Waterfronts Toolkit: Final (IV) mitigating the effects of sea level rise, ac- logical and coastal engineering principles in Report’, dated March 2013. celerated land loss, and extreme tides; shoreline stabilization; and EPORT.—Not later than 18 months after (V) sustaining, protecting, or restoring the (iv) to the extent possible, maintains or re- ‘‘(5) R the date of the enactment of this section, the functions and habitats of coastal ecosystems; or stores existing natural slopes and connections (VI) such other forms of coastal protection as between uplands and adjacent wetlands or sur- task force shall submit a report to Congress on the Administrator considers appropriate; and face waters; its findings. (ii) the performance of the project in providing (B) may include the use of— ‘‘(6) IMPLEMENTATION.—The head of each such protection; (i) natural elements, such as sand, wetland Federal agency identified in the report pursuant (C) to make data collected under the project plants, logs, oysters or other shellfish, sub- to paragraph (3)(C) shall take such action as is available on a publicly accessible internet merged aquatic vegetation, native grasses, necessary to implement the recommendations website of the National Oceanic and Atmos- shrubs, trees, or coir fiber logs; contained in the report by not later than 1 year pheric Administration; and (ii) project elements that provide ecological after the date of the issuance of the report. ‘‘(b) WORKING WATERFRONT GRANT PRO- (D) not later than one year after the entity re- benefits to coastal ecosystems and habitats in GRAM.— ceives the grant, and annually thereafter until addition to shoreline protection; and ‘‘(1) The Secretary shall establish a Working the completion of the project, to submit to the (iii) structural materials, such as stone, con- Waterfront Grant Program, in cooperation with Administrator a report on— crete, wood, vinyl, oyster domes, or other ap- appropriate State, regional, and other units of (i) the measures described in subparagraph proved engineered structures in combination government, under which the Secretary may (B); and with natural materials; and make a grant to any coastal State for the pur- (ii) the effectiveness of the project in increas- (C) may include a project that expands upon pose of implementing a working waterfront plan ing protection of the coastal community where or restores natural living shorelines or existing approved by the Secretary under subsection (c). the project is carried out through living shore- living shoreline projects. ‘‘(2) Subject to the availability of appropria- lines techniques, including— (4) STATE.—The term ‘‘State’’ means each of tions, the Secretary shall award matching (I) a description of— the several States, the District of Columbia, the grants under the Working Waterfronts Grant (aa) the project; Commonwealth of Puerto Rico, the United (bb) the activities carried out under the Program to coastal States with approved work- States Virgin Islands, Guam, American Samoa, project; and ing waterfront plans through a regionally equi- and the Commonwealth of the Northern Mar- (cc) the techniques and materials used in car- table, competitive funding process in accordance iana Islands. rying out the project; and with the following: (II) data on the performance of the project in SEC. 103. WORKING WATERFRONTS GRANT PRO- ‘‘(A) The Governor, or the lead agency des- providing protection to that coastal community. GRAM. ignated by the Governor for coordinating the (2) GUIDELINES.—In developing guidelines re- The Coastal Zone Management Act of 1972 (16 implementation of this section, where appro- lating to paragraph (1)(C), the Administrator U.S.C. 1451 et seq.) is amended by adding at the priate in consultation with the appropriate local shall consider how additional data could safely end the following: government, shall determine that the applica- be collected before and after major disasters or ‘‘SEC. 321. WORKING WATERFRONTS GRANT PRO- tion is consistent with the State’s or territory’s severe weather events to measure project per- GRAM. approved coastal zone plan, program, and poli- formance and project recovery. ‘‘(a) WORKING WATERFRONT TASK FORCE.— cies prior to submission to the Secretary. (3) STANDARDS.— ‘‘(1) ESTABLISHMENT AND FUNCTIONS.—The ‘‘(B) In developing guidelines under this sec- (A) IN GENERAL.—Not later than 90 days after Secretary of Commerce shall establish a task tion, the Secretary shall consult with coastal the date of the enactment of this Act, the Ad- force to work directly with coastal States, user States, other Federal agencies, and other inter- ministrator shall, in consultation with relevant groups, and coastal stakeholders to identify and ested stakeholders with expertise in working wa- offices of the National Oceanic and Atmospheric address critical needs with respect to working terfront planning. Administration, relevant interagency councils, waterfronts. ‘‘(C) Coastal States may allocate grants to and relevant nongovernmental organizations, ‘‘(2) MEMBERSHIP.—The members of the task local governments, agencies, or nongovern- issue standards for the monitoring, collection, force shall be appointed by the Secretary of mental organizations eligible for assistance and reporting under subsection (d)(2) of data re- Commerce, and shall include— under this section. garding the performance of living shoreline ‘‘(A) experts in the unique economic, social, ‘‘(3) In awarding a grant to a coastal State, projects for which grants are awarded under cultural, ecological, geographic, and resource the Secretary shall consider— this section. concerns of working waterfronts; and ‘‘(A) the economic, cultural, and historical (B) REPORTING.—The standards issued under ‘‘(B) representatives from the National Oce- significance of working waterfront to the coast- subparagraph (A) shall require an eligible entity anic and Atmospheric Administration’s Office of al State; receiving a grant under this section to report the Coastal Management, the United States Fish ‘‘(B) the demonstrated working waterfront data described in that subparagraph to the Ad- and Wildlife Service, the Department of Agri- needs of the coastal State as outlined by a work- ministrator on a regular basis. culture, the Environmental Protection Agency, ing waterfront plan approved for the coastal

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A10DE7.020 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9981 State under subsection (c), and the value of the evant surveys, plans, or other strategies to ful- grants under this section among working water- proposed project for the implementation of such fill the information requirements under this fronts identified in working waterfront plans plan; paragraph; and approved under subsection (c). ‘‘(C) the ability to successfully leverage funds ‘‘(F) shall incorporate the policies and regula- ‘‘(2) Subject to the approval of the Secretary, among participating entities, including Federal tions adopted by communities under local work- a coastal State may, as part of an approved programs, regional organizations, State and ing waterfront plans or strategies in existence working waterfront plan, designate as a quali- other government units, landowners, corpora- before the date of the enactment of this section. fied holder any unit of State or local govern- tions, or private organizations; ‘‘(3) A working waterfront plan— ment or nongovernmental organization, if the ‘‘(D) the potential for rapid turnover in the ‘‘(A) shall be effective for purposes of this sec- coastal State is ultimately responsible for ensur- ownership of working waterfront in the coastal tion for the 5-year period beginning on the date ing that the property will be managed in a man- State, and where applicable the need for coastal it is approved by the Secretary; ner that is consistent with the purposes for States to respond quickly when properties in ex- ‘‘(B) must be updated and re-approved by the which the land entered into the program. isting or potential working waterfront areas or Secretary before the end of such period; and ‘‘(3) A coastal State or a qualified holder des- public access areas as identified in the working ‘‘(C) shall be complimentary to and incor- ignated by a coastal State may allocate to a unit waterfront plan submitted by the coastal State porate the policies and objectives of regional or of local government, nongovernmental organiza- come under threat or become available; and local working waterfront plans as in effect be- tion, fishing cooperative, or other entity, a por- ‘‘(E) the impact of the working waterfront fore the date of enactment of this section or as tion of any grant made under this section for plan approved for the coastal State under sub- subsequently revised. the purpose of carrying out this section, except section (c) on the coastal ecosystem and the ‘‘(4) The Secretary may— that such an allocation shall not relieve the users of the coastal ecosystem. ‘‘(A) award planning grants to coastal States coastal State of the responsibility for ensuring ‘‘(4) The Secretary shall approve or reject an for the purpose of developing or revising com- that any funds so allocated are applied in fur- application for such a grant within 60 days prehensive working waterfront plans; and therance of the coastal State’s approved work- after receiving an application for the grant. ‘‘(B) award grants consistent with the pur- ing waterfront plan. ‘‘(c) WORKING WATERFRONT PLANS.— poses of this section to States undertaking the ‘‘(4) A qualified holder may hold title to or in- ‘‘(1) To be eligible for a grant under sub- working waterfront planning process under this terest in property acquired under this section, section (b), a coastal State must submit and section, for the purpose of preserving and pro- except that— have approved by the Secretary a comprehensive tecting working waterfronts during such proc- ‘‘(A) all persons holding title to or interest in working waterfront plan in accordance with ess. working waterfront affected by a grant under this subsection, or be in the process of devel- ‘‘(5) Any coastal State applying for a working this section, including a qualified holder, pri- oping such a plan and have an established waterfront grant under this title shall— vate citizen, private business, nonprofit organi- working waterfront program at the State or ‘‘(A) develop a working waterfront plan, zation, fishing cooperative, or other entity, shall local level, or the Secretary determines that an using a process that involves the public and enter into a working waterfront covenant; existing coastal land use plan for that State is those with an interest in the coastal zone; ‘‘(B) such covenant shall be held by the coast- in accordance with this subsection. ‘‘(B) coordinate development and implementa- al State or a qualified holder designated under ‘‘(2) Such plan— tion of such a plan with other coastal manage- paragraph (2); ‘‘(A) must provide for preservation and expan- ment programs, regulations, and activities of the ‘‘(C) if the coastal State determines, on the sion of access to coastal waters to persons en- coastal State; and record after an opportunity for a hearing, that gaged in commercial fishing, recreational fish- ‘‘(C) if the coastal State allows qualified hold- the working waterfront covenant has been vio- ing and boating businesses, aquaculture, ers (other than the coastal State) to enter into lated— boatbuilding, or other water-dependent, coastal- working waterfront covenants, provide as part ‘‘(i) all right, title, and interest in and to the related business; of the working waterfront plan under this sub- working waterfront covered by such covenant ‘‘(B) shall include one or more of— section a mechanism or procedure to ensure that shall, except as provided in subparagraph (D), ‘‘(i) an assessment of the economic, social, the qualified holders are complying their duties revert to the coastal State; and cultural, and historic value of working water- to enforce the working waterfront covenant. ‘‘(ii) the coastal State shall have the right of front to the coastal State; ‘‘(d) USES, TERMS, AND CONDITIONS.— immediate entry onto the working waterfront; ‘‘(ii) a description of relevant State and local ‘‘(1) Each grant made by the Secretary under ‘‘(D) if a coastal State makes a determination laws and regulations affecting working water- this section shall be subject to such terms and under subparagraph (C), the coastal State may front in the geographic areas identified in the conditions as may be appropriate to ensure that convey or authorize the qualified holder to con- working waterfront plan; the grant is used for purposes consistent with vey the working waterfront or interest in work- ‘‘(iii) identification of geographic areas where this section. ing waterfront to another qualified holder; and working waterfronts are currently under threat ‘‘(2) A grant under this section may be used— ‘‘(E) nothing in this subsection waives any of conversion to uses incompatible with commer- ‘‘(A) to acquire a working waterfront, or an legal requirement under any Federal or State cial and recreational fishing, recreational fish- interest in a working waterfront; law. ing and boating businesses, aquaculture, ‘‘(B) to make improvements to a working wa- ‘‘(h) MATCHING CONTRIBUTIONS.— boatbuilding, or other water-dependent, coastal- terfront, including the construction or repair of ‘‘(1) Except as provided in paragraph (2), the related business, and the level of that threat; wharfs, boat ramps, or related facilities; or Secretary shall require that each coastal State ‘‘(iv) identification of geographic areas with a ‘‘(C) for necessary climate adaptation mitiga- that receives a grant under this section, or a historic connection to working waterfronts tion. qualified holder designated by that coastal State where working waterfronts are not currently ‘‘(e) PUBLIC ACCESS REQUIREMENT.—A work- under subsection (g), shall provide matching available, and, where appropriate, an assess- ing waterfront project funded by grants made funds in an amount equal to at least 25 percent ment of the environmental impacts of any ex- under this section must provide for expansion, of the total cost of the project carried out with pansion or new development of working water- improvement, or preservation of reasonable and the grant. fronts on the coastal ecosystem; appropriate public access to coastal waters at or ‘‘(2) The Secretary may waive the application ‘‘(v) identification of other working water- in the vicinity of a working waterfront, except of paragraph (1) for any qualified holder that is front needs including improvements to existing for commercial fishing or other industrial access an underserved community, a community that working waterfronts and working waterfront points where the coastal State determines that has an inability to draw on other sources of areas; public access would be unsafe. funding because of the small population or low ‘‘(vi) a strategic and prioritized plan for the ‘‘(f) LIMITATIONS.— income of the community, or for other reasons preservation, expansion, and improvement of ‘‘(1) Except as provided in paragraph (2), a the Secretary considers appropriate. working waterfronts in the coastal State; grant awarded under this section may be used ‘‘(3) A local community designated as a quali- ‘‘(vii) for areas identified under clauses (iii), to purchase working waterfront or an interest in fied holder under subsection (g) may utilize (iv), (v), and (vi), identification of current working waterfront, including an easement, funds or other in-kind contributions donated by availability and potential for expansion of pub- only from a willing seller and at fair market a nongovernmental partner to satisfy the match- lic access to coastal waters; value. ing funds requirement under this subsection. ‘‘(viii) a description of the degree of commu- ‘‘(2) A grant awarded under this section may ‘‘(4) As a condition of receipt of a grant under nity support for such strategic plan; and be used to acquire working waterfront or an in- this section, the Secretary shall require that a ‘‘(ix) a contingency plan for properties that terest in working waterfront at less than fair coastal State provide to the Secretary such as- revert to the coastal State pursuant to deter- market value only if the owner certifies to the surances as the Secretary determines are suffi- minations made by the coastal State under sub- Secretary that the sale is being entered into cient to demonstrate that the share of the cost section (g)(4)(C); willingly and without coercion. of each eligible project that is not funded by the ‘‘(C) may include detailed environmental im- ‘‘(3) No Federal, State, or local entity may ex- grant awarded under this section has been se- pacts on working waterfronts, including haz- ercise the power of eminent domain to secure cured. ards, sea level rise, inundation exposure, and title to any property or facilities in connection ‘‘(5) If financial assistance under this section other resiliency issues; with a project carried out under this section. represents only a portion of the total cost of a ‘‘(D) may be part of the management program ‘‘(g) ALLOCATION OF GRANTS TO LOCAL GOV- project, funding from other Federal sources may approved under section 306; ERNMENTS AND OTHER ENTITIES.— be applied to the cost of the project. Each por- ‘‘(E) shall utilize to the maximum extent prac- ‘‘(1) The Secretary shall encourage coastal tion shall be subject to match requirements ticable existing information contained in rel- States to broadly allocate amounts received as under the applicable provision of law.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A10DE7.020 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9982 CONGRESSIONAL RECORD — HOUSE December 10, 2019 ‘‘(6) The Secretary shall treat as non-Federal water and other facilities) that provides access implementation of this section, where appro- match the value of a working waterfront or in- to coastal waters to persons engaged in commer- priate in consultation with the appropriate local terest in a working waterfront, including con- cial and recreational fishing, recreational fish- government, shall determine that an application servation and other easements, that is held in ing and boating businesses, boatbuilding, aqua- for a loan is consistent with the State’s ap- perpetuity by a qualified holder, if the working culture, or other water-dependent, coastal-re- proved coastal zone plan, program, and policies waterfront or interest is identified in the appli- lated business and is used for, or that supports, prior to submission to the Secretary. cation for the grant and acquired by the quali- commercial and recreational fishing, rec- ‘‘(2) In developing guidelines under this sec- fied holder within 3 years of the grant award reational fishing and boating businesses, tion, the Secretary shall consult with coastal date, or within 3 years after the submission of boatbuilding, aquaculture, or other water-de- States, other Federal agencies, and other inter- the application and before the end of the grant pendent, coastal-related business. ested stakeholders with expertise in working wa- award period. Such value shall be determined by ‘‘(4) The term ‘working waterfront covenant’ terfront planning. an appraisal performed at such time before the means an agreement in recordable form between ‘‘(3) Coastal States may allocate amounts award of the grant as the Secretary considers the owner of working waterfront and one or loaned under this section to local governments, appropriate. more qualified holders, that provides such as- agencies, or nongovernmental organizations eli- ‘‘(7) The Secretary shall treat as non-Federal surances as the Secretary may require that— gible for loans under this section. match the costs associated with acquisition of a ‘‘(A) the title to or interest in the working wa- ‘‘(4) In awarding a loan for activities in a working waterfront or an interest in a working terfront will be held by a grant recipient or coastal State, the Secretary shall consider— waterfront, and the costs of restoration, en- qualified holder in perpetuity, except as pro- ‘‘(A) the economic and cultural significance of hancement, or other improvement to a working vided in subparagraph (C); working waterfront to the coastal State; waterfront, if the activities are identified in the ‘‘(B) the working waterfront will be managed ‘‘(B) the demonstrated working waterfront project application and the costs are incurred in a manner that is consistent with the purposes needs of the coastal State as outlined by a work- within the period of the grant award, or, for for which the property is acquired pursuant to ing waterfront plan approved for the coastal working waterfront described in paragraph (6), this section, and the property will not be con- State under section 321(c), and the value of the within the same time limits described in that verted to any use that is inconsistent with the proposed loan for the implementation of such paragraph. These costs may include either cash purpose of this section; plan; or in-kind contributions. ‘‘(C) if the title to or interest in the working ‘‘(C) the ability to successfully leverage loan ‘‘(i) LIMIT ON ADMINISTRATIVE COSTS.—No waterfront is sold or otherwise exchanged— funds among participating entities, including more than 5 percent of the funds made available ‘‘(i) all working waterfront owners and quali- Federal programs, regional organizations, State to the Secretary under this section may be used fied holders involved in such sale or exchange and other government units, landowners, cor- by the Secretary for planning or administration shall accede to such agreement; and porations, or private organizations; ‘‘(D) the potential for rapid turnover in the of the program under this section. ‘‘(ii) funds equal to the fair market value of ownership of working waterfront in the coastal ‘‘(j) OTHER TECHNICAL AND FINANCIAL ASSIST- the working waterfront or interest in working State, and where applicable the need for coastal ANCE.— waterfront shall be paid to the Secretary by par- ‘‘(1) Up to 5 percent of the funds appropriated ties to the sale or exchange, and such funds States to respond quickly when properties in ex- under this section may be used by the Secretary shall, at the discretion of the Secretary, be paid isting or potential working waterfront areas or for purposes of providing technical assistance as to the coastal State in which the working water- public access areas as identified in the working described in this subsection. front is located for use in the implementation of waterfront plan submitted by the coastal State ‘‘(2) The Secretary shall— the working waterfront plan of the State ap- come under threat or become available; ‘‘(A) provide technical assistance to coastal proved by the Secretary under this section; and ‘‘(E) the impact of the loan on the coastal eco- States and local governments in identifying and ‘‘(D) such covenant is subject to enforcement system and the users of the coastal ecosystem; obtaining other sources of available Federal and oversight by the coastal State or by another and ‘‘(F) the extent of the historic connection be- technical and financial assistance for the devel- person as determined appropriate by the Sec- tween working waterfronts for which the loan opment and revision of a working waterfront retary. will be used and the local communities within plan and the implementation of an approved ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— the coastal State. working waterfront plan; There is authorized to be appropriated to the ‘‘(d) LOAN AMOUNT AND TERMS.— ‘‘(B) provide technical assistance to States Grant Program $12,000,000 for each of fiscal years 2020 through 2024.’’. ‘‘(1) The amount of a loan under this sec- and local governments for the development, im- tion— plementation, and revision of comprehensive SEC. 104. WORKING WATERFRONTS PRESERVA- TION FUND; GRANTS. ‘‘(A) shall be not less than $100,000; and working waterfront plans, which may include, ‘‘(B) shall not exceed 15 percent of the amount The Coastal Zone Management Act of 1972 (16 subject to the availability of appropriations, in the Fund as of July 1 of the fiscal year in U.S.C. 1451 et seq.) is further amended by add- planning grants and assistance, pilot projects, which the loan is made. feasibility studies, research, and other projects ing at the end the following: ‘‘(2) The interest rate for a loan under this necessary to further the purposes of this section; ‘‘SEC. 322. WORKING WATERFRONTS PRESERVA- section shall not exceed 4 percent. ‘‘(C) assist States in developing other tools to TION LOAN FUND. ‘‘(3) The repayment term for a loan under this protect working waterfronts; ‘‘(a) FUND.—There is established in the Treas- section shall not exceed 20 years. ‘‘(D) collect and disseminate to States guid- ury a separate account that shall be known as ‘‘(e) DEADLINE FOR APPROVAL.—The Secretary ance for best storm water management practices the ‘Working Waterfronts Preservation Loan shall approve or reject an application for a loan in regards to working waterfronts; Fund’ (in this section referred to as the ‘Fund’). under this section within 60 days after receiving ‘‘(E) provide technical assistance to States ‘‘(b) USE.— an application for the loan. and local governments on integrating resilience ‘‘(1) Subject to the availability of appropria- ‘‘(f) LIMIT ON ADMINISTRATIVE COSTS.—No planning into working waterfront preservation tions, amounts in the Fund may be used by the more than 5 percent of the funds made available efforts; and Secretary to make loans to coastal States for the to the Secretary under this section may be used ‘‘(F) collect and disseminate best practices on purpose of implementing a working waterfront by the Secretary for planning or administration working waterfronts and resilience planning. plan approved by the Secretary under section of the program under this section. ‘‘(k) REPORTS.— 321(c) through preservation, improvement, res- ‘‘(g) DEFINITIONS.—The definitions in section ‘‘(1) The Secretary shall— toration, rehabilitation, acquisition of working 321(l) shall apply to this section. ‘‘(A) develop performance measures to evalu- waterfront properties under criteria established ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ate and report on the effectiveness of the pro- by the Secretary. There is authorized to be appropriated to the gram under this section in accomplishing the ‘‘(2) Upon enactment of this section, the Sec- Fund $12,000,000 for each of fiscal years 2020 purpose of this section; and retary of Commerce shall conduct a feasibility through 2024.’’. ‘‘(B) submit to Congress a biennial report that study on the administration of the development SEC. 105. ELIGIBILITY OF DISTRICT OF COLUMBIA includes such evaluations, an account of all ex- and management of a Working Waterfronts FOR FEDERAL FUNDING UNDER THE penditures, and descriptions of all projects car- Preservation Loan Fund. COASTAL ZONE MANAGEMENT ACT ried out using grants awarded under this sec- ‘‘(3) Upon the completion of the study under OF 1972. tion. paragraph (2), the Secretary shall establish a Section 304(4) of the Coastal Zone Manage- ‘‘(2) The Secretary may submit the biennial fund in accordance with the results of that ment Act of 1972 (16 U.S.C. 1453(4)) is amended report under paragraph (1)(B) by including it in study, and establish such criteria as referenced by inserting ‘‘the District of Columbia,’’ after the biennial report required under section 316. in subsection (c) in consultation with States ‘‘the term also includes’’. ‘‘(l) DEFINITIONS.—In this section: that have a management program approved by SEC. 106. CLIMATE CHANGE PREPAREDNESS IN ‘‘(1) The term ‘qualified holder’ means a the Secretary of Commerce pursuant to section THE COASTAL ZONE. coastal State or a unit of local or coastal State 306 and local government coastal management (a) IN GENERAL.—The Coastal Zone Manage- government or a non-State organization des- programs. ment Act of 1972 (16 U.S.C. 1451 et seq.) is ignated by a coastal State under subsection (g). ‘‘(c) AWARD CRITERIA.—The Secretary shall amended by adding at the end the following: ‘‘(2) The term ‘Secretary’ means the Secretary, award loans under this section through a re- ‘‘SEC. 323. CLIMATE CHANGE ADAPTATION PRE- acting through the National Oceanic and At- gionally equitable, competitive funding process, PAREDNESS AND RESPONSE PRO- mospheric Administration. and in accordance with the following: GRAM. ‘‘(3) The term ‘working waterfront’ means real ‘‘(1) The Governor, or the lead agency des- ‘‘ (a) IN GENERAL.—The Secretary shall estab- property (including support structures over ignated by the Governor for coordinating the lish, consistent with the national policies set

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forth in section 303, a coastal climate change ‘‘(c) COASTAL CLIMATE CHANGE ADAPTATION TITLE II—FISHERY RESEARCH AND adaptation preparedness and response program PROJECT IMPLEMENTATION GRANTS.— CONSERVATION to— ‘‘(1) IN GENERAL.—The Secretary, subject to Subtitle A—National Fish Habitat ‘‘(1) provide assistance to coastal States to the availability of appropriations, may make Conservation Through Partnerships voluntarily develop coastal climate change ad- grants to any coastal State that has a climate aptation plans, pursuant to approved manage- SEC. 201. PURPOSE. change adaptation plan approved under sub- The purpose of this subtitle is to encourage ment programs approved under section 306, to section (b)(7), in order to support projects that minimize contributions to climate change and to partnerships among public agencies and other implement strategies contained within such interested persons to promote fish conserva- prepare for and reduce the negative con- plans. sequences that may result from climate change tion— ‘‘(2) PROGRAM REQUIREMENTS.—The Sec- in the coastal zone; and (1) to achieve measurable habitat conservation retary, within 90 days after approval of the first ‘‘(2) provide financial and technical assist- results through strategic actions of Fish Habitat plan approved under subsection (b)(7), shall ance and training to enable coastal States to im- Partnerships that lead to better fish habitat publish in the Federal Register requirements re- plement plans developed pursuant to this sec- conditions and increased fishing opportunities garding applications, allocations, eligible activi- tion through coastal States’ enforceable policies. by— ties, and all terms and conditions for grants ‘‘(b) COASTAL CLIMATE CHANGE ADAPTATION (A) improving ecological conditions; awarded under this subsection. No less than 30 PLANNING AND PREPAREDNESS GRANTS.— (B) restoring natural processes; or ‘‘(1) IN GENERAL.—The Secretary, subject to percent, and no more than 50 percent, of the (C) preventing the decline of intact and the availability of appropriations, may make a funds appropriated in any fiscal year for grants healthy systems; grant to any coastal State for the purpose of de- under this subsection shall be awarded through (2) to establish a consensus set of national veloping climate change adaptation plans pur- a merit-based competitive process. conservation strategies as a framework to guide suant to guidelines issued by the Secretary ‘‘(3) ELIGIBLE ACTIVITIES.—The Secretary may future actions and investment by Fish Habitat under paragraph (8). award grants to coastal States to implement Partnerships; ‘‘(2) PLAN CONTENT.—A plan developed with a projects in the coastal zone to address stress fac- (3) to broaden the community of support for grant under this subsection shall include the tors in order to improve coastal climate change fish habitat conservation by— following: adaptation, including the following: (A) increasing fishing opportunities; (B) fostering the participation of local commu- ‘‘(A) Identification of public facilities and ‘‘(A) Activities to address physical disturb- nities, especially young people in local commu- public services, working waterfronts, coastal re- ances within the coastal zone, especially activi- nities, in conservation activities; and sources of national significance, coastal waters, ties related to public facilities and public serv- (C) raising public awareness of the role energy facilities, or other land and water uses ices, tourism, sedimentation, ocean acidifica- healthy fish habitat play in the quality of life located in the coastal zone that are likely to be tion, and other factors negatively impacting and economic well-being of local communities; impacted by climate change. coastal waters. ‘‘(B) Adaptive management strategies for land (4) to fill gaps in the National Fish Habitat ‘‘(B) Monitoring, control, or eradication of Assessment and the associated database of the use to respond or adapt to changing environ- disease organisms and invasive species. mental conditions, including strategies to pro- National Fish Habitat Assessment— tect biodiversity, protect water quality, and es- ‘‘(C) Activities to address the loss, degrada- (A) to empower strategic conservation actions tablish habitat buffer zones, migration cor- tion, or fragmentation of wildlife habitat supported by broadly available scientific infor- ridors, and climate refugia. through projects to establish or protect marine mation; and ‘‘(C) Adaptive management strategies for and terrestrial habitat buffers, wildlife refugia, (B) to integrate socioeconomic data in the ocean-based ecosystems and resources, including other wildlife refuges, or networks thereof, pres- analysis to improve the lives of humans in a strategies to plan for and respond to geographic ervation of migratory wildlife corridors and manner consistent with fish habitat conserva- or temporal shifts in marine resources, to create other transition zones, and restoration of fish tion goals; and protected areas that will provide climate and wildlife habitat. (5) to communicate to the public and con- refugia, and to maintain and restore ocean eco- ‘‘(D) Projects to reduce, mitigate, or otherwise servation partners— system function. address likely impacts caused by natural haz- (A) the conservation outcomes produced col- ‘‘(D) Requirements to initiate and maintain ards in the coastal zone, including sea level rise, lectively by Fish Habitat Partnerships; and long-term monitoring of environmental change coastal inundation, storm water management, (B) new opportunities and voluntary ap- to assess coastal zone adaptation and to adjust coastal erosion and subsidence, severe weather proaches for conserving fish habitat. when necessary adaptive management strategies events such as cyclonic storms, tsunamis and SEC. 202. DEFINITIONS. and new planning guidelines to attain the poli- other seismic threats, and fluctuating Great In this subtitle: cies under section 303. Lakes water levels. The Secretary shall give pri- (1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(E) Other information considered necessary ority to projects that utilize green infrastructure TEES.—The term ‘‘appropriate congressional by the Secretary to identify the full range of cli- solutions. committees’’ means— mate change impacts affecting coastal commu- ‘‘(E) Projects to adapt existing infrastructure, (A) the Committee on Commerce, Science, and nities. including enhancements to both built and nat- Transportation and the Committee on Environ- ‘‘(3) STATE HAZARD MITIGATION PLANS.—Plans ural environments. ment and Public Works of the Senate; and (B) the Committee on Natural Resources of the developed with a grant under this subsection ‘‘(F) Provision of technical training and as- House of Representatives. shall be consistent with State hazard mitigation sistance to local coastal policy makers to in- (2) BOARD.—The term ‘‘Board’’ means the Na- plans and natural disaster response and recov- crease awareness of science, management, and tional Fish Habitat Board established by section ery programs developed under State or Federal technology information related to climate 203. law. change and adaptation strategies. ‘‘(4) ALLOCATION.—Grants under this sub- (3) DIRECTOR.—The term ‘‘Director’’ means section shall be available only to coastal States ‘‘(4) PROMOTION AND USE OF NATIONAL ESTUA- the Director of the United States Fish and Wild- with management programs approved by the RINE RESEARCH RESERVES.—The Secretary shall life Service. Secretary under section 306 and shall be allo- promote and encourage the use of National Es- (4) ENVIRONMENTAL PROTECTION AGENCY AS- cated among such coastal States in a manner tuarine Research Reserves as sites for pilot or SISTANT ADMINISTRATOR.—The term ‘‘Environ- consistent with regulations promulgated pursu- demonstration projects carried out with grants mental Protection Agency Assistant Adminis- ant to section 306(c). awarded under this section.’’. trator’’ means the Assistant Administrator for ‘‘(5) PRIORITY.—In the awarding of grants (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- Water of the Environmental Protection Agency. under this subsection, the Secretary may give tion 318(a) of the Coastal Zone Management Act (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ priority to any coastal State that has received of 1972 (16 U.S.C. 1464(a)) is amended— has the meaning given to the term ‘‘Indian grant funding to develop program changes pur- (1) by striking ‘‘and’’ after the semicolon at tribe’’ in section 4 of the Indian Self-Determina- suant to paragraphs (1), (2), (3), (5), (6), (7), and the end of paragraph (1); tion and Education Assistance Act (25 U.S.C. (8) of section 309(a). (2) by striking the period at the end of para- 5304). ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary graph (2) and inserting ‘‘; and’’; and (6) NATIONAL OCEANIC AND ATMOSPHERIC AD- may provide technical assistance to a coastal MINISTRATION ASSISTANT ADMINISTRATOR.—The (3) by adding at the end the following: State consistent with section 310 to ensure the term ‘‘National Oceanic and Atmospheric Ad- timely development of plans supported by grants ‘‘(3) for grants under section 323, such sums as ministration Assistant Administrator’’ means awarded under this subsection. are necessary.’’. the Assistant Administrator for Fisheries of the ‘‘(7) FEDERAL APPROVAL.—In order to be eligi- (c) INTENT OF CONGRESS.—Nothing in this sec- National Oceanic and Atmospheric Administra- ble for a grant under subsection (c), a coastal tion shall be construed to require any coastal tion. State must have its plan developed under this State to amend or modify its approved manage- (7) PARTNERSHIP.—The term ‘‘Partnership’’ subsection approved by the Secretary. ment program pursuant to section 306(e) of the means an entity designated by Congress as a ‘‘(8) GUIDELINES.—Within 180 days after the Coastal Zone Management Act of 1972 (16 Fish Habitat Partnership under section 204. date of enactment of this section, the Secretary, U.S.C. 1455(e)) or to extend the enforceable poli- (8) REAL PROPERTY INTEREST.—The term ‘‘real in consultation with the coastal States, shall cies of a coastal State beyond the coastal zone property interest’’ means an ownership interest issue guidelines for the implementation of the as identified in the coastal State’s approved in— grant program established under this subsection. management program. (A) land; or

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A10DE7.020 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9984 CONGRESSIONAL RECORD — HOUSE December 10, 2019 (B) water (including water rights). (ii) natural resource user industries; and (A) a requirement that a quorum of the mem- (9) MARINE FISHERIES COMMISSIONS.—The term (iii) industries with an interest in fish and bers of the Board be present to transact busi- ‘‘Marine Fisheries Commissions’’ means— fish habitat conservation; and ness; (A) The Atlantic States Marine Fisheries Com- (O) 1 shall be a leadership private sector or (B) a requirement that no recommendations mission; landowner representative of an active partner- may be adopted by the Board, except by the vote (B) the Gulf States Marine Fisheries Commis- ship. of 2⁄3 of all members; sion; and (3) COMPENSATION.—A member of the Board (C) procedures for establishing national goals (C) the Pacific States Marine Commission. shall serve without compensation. and priorities for fish habitat conservation for (10) SECRETARY.—The term ‘‘Secretary’’ means (4) TRAVEL EXPENSES.—A member of the Board the purposes of this subtitle; the Secretary of the Interior. may be allowed travel expenses, including per (D) procedures for designating Partnerships (11) STATE.—The term ‘‘State’’ means each of diem in lieu of subsistence, at rates authorized under section 204; and the several States, Puerto Rico, American for an employee of an agency under subchapter (E) procedures for reviewing, evaluating, and Samoa, Guam, the Northern Mariana Islands, I of chapter 57 of title 5, United States Code, making recommendations regarding fish habitat the United States Virgin Islands, and the Dis- while away from the home or regular place of conservation projects. trict of Columbia. business of the member in the performance of (2) QUORUM.—A majority of the members of (12) STATE AGENCY.—The term ‘‘State agency’’ the duties of the Board. the Board shall constitute a quorum. means— (b) APPOINTMENT AND TERMS.— SEC. 204. FISH HABITAT PARTNERSHIPS. (A) the fish and wildlife agency of a State; (1) IN GENERAL.—Except as otherwise provided (a) AUTHORITY TO RECOMMEND.—The Board and in this section, a member of the Board described may recommend to Congress the designation of (B) any department or division of a depart- in any of subparagraphs (F) through (O) of sub- Fish Habitat Partnerships in accordance with ment or agency of a State that manages in the section (a)(2) shall serve for a term of 3 years. this section. public trust the inland or marine fishery re- (2) INITIAL BOARD MEMBERSHIP.— (b) PURPOSES.—The purposes of a Partnership sources of the State or sustains the habitat for (A) IN GENERAL.—The initial Board shall con- shall be— those fishery resources pursuant to State law or sist of representatives as described in subpara- (1) to work with other regional habitat con- the constitution of the State. graphs (A) through (F) of subsection (a)(2). servation programs to promote cooperation and SEC. 203. NATIONAL FISH HABITAT BOARD. (B) REMAINING MEMBERS.—Not later than 60 coordination to enhance fish populations and fish habitats; (a) ESTABLISHMENT.— days after the date of enactment of this Act, the (2) to engage local and regional communities (1) FISH HABITAT BOARD.—There is established representatives of the initial Board under sub- to build support for fish habitat conservation; a board, to be known as the ‘‘National Fish paragraph (A) shall appoint the remaining (3) to involve diverse groups of public and pri- Habitat Board’’, whose duties are— members of the Board described in subpara- graphs (H) through (O) of subsection (a)(2). vate partners; (A) to promote, oversee, and coordinate the (4) to develop collaboratively a strategic vision (C) TRIBAL REPRESENTATIVES.—Not later than implementation of this subtitle; and achievable implementation plan that is sci- (B) to establish national goals and priorities 60 days after the enactment of this Act, the Sec- retary shall provide to the Board a recommenda- entifically sound; for fish habitat conservation; (5) to leverage funding from sources that sup- tion of not fewer than 3 Tribal representatives, (C) to recommend to Congress entities for des- port local and regional partnerships; from which the Board shall appoint 1 represent- ignation as Partnerships; and (6) to use adaptive management principles, in- ative pursuant to subparagraph (G) of sub- (D) to review and make recommendations re- cluding evaluation of project success and section (a)(2). garding fish habitat conservation projects. functionality; (2) MEMBERSHIP.—The Board shall be com- (3) STAGGERED TERMS.—Of the members de- (7) to develop appropriate local or regional posed of 25 members, of whom— scribed in subsection (a)(2)(J) initially appointed habitat evaluation and assessment measures (A) 1 shall be a representative of the Depart- to the Board— and criteria that are compatible with national ment of the Interior; (A) 2 shall be appointed for a term of 1 year; habitat condition measures; and (B) 1 shall be a representative of the United (B) 2 shall be appointed for a term of 2 years; (8) to implement local and regional priority States Geological Survey; and projects that improve conditions for fish and (C) 1 shall be a representative of the Depart- (C) 3 shall be appointed for a term of 3 years. fish habitat. ment of Commerce; (4) VACANCIES.— (c) CRITERIA FOR DESIGNATION.—An entity (D) 1 shall be a representative of the Depart- (A) IN GENERAL.—A vacancy of a member of seeking to be designated by Congress as a Part- ment of Agriculture; the Board described in subparagraph (H), (I), nership shall— (E) 1 shall be a representative of the Associa- (J), (K), (L), (M), (N), or (O) of subsection (a)(2) (1) submit to the Board an application at such tion of Fish and Wildlife Agencies; shall be filled by an appointment made by the time, in such manner, and containing such in- (F) 4 shall be representatives of State agen- remaining members of the Board. formation as the Board may reasonably require; cies, 1 of whom shall be nominated by a regional (B) TRIBAL REPRESENTATIVES.—Following a and association of fish and wildlife agencies from vacancy of a member of the Board described in (2) demonstrate to the Board that the entity each of the Northeast, Southeast, Midwest, and subparagraph (G) of subsection (a)(2), the Sec- has— Western regions of the United States; retary shall recommend to the Board a list of (A) a focus on promoting the health of impor- (G) 1 shall be a representative of either— not fewer than 3 Tribal representatives, from tant fish and fish habitats; (i) Indian Tribes in the State of Alaska; or which the remaining members of the Board shall (B) an ability to coordinate the implementa- (ii) Indian Tribes in States other than the appoint a representative to fill the vacancy. tion of priority projects that support the goals State of Alaska; (5) CONTINUATION OF SERVICE.—An individual and national priorities set by the Board that are (H) 1 shall be a representative of either— whose term of service as a member of the Board within the Partnership boundary; (i) the Regional Fishery Management Coun- expires may continue to serve on the Board (C) a self-governance structure that supports cils established under section 302 of the Magnu- until a successor is appointed. the implementation of strategic priorities for fish son-Stevens Fishery Conservation and Manage- (6) REMOVAL.—If a member of the Board de- habitat; ment Act (16 U.S.C. 1852); or scribed in any of subparagraphs (H) through (D) the ability to develop local and regional (ii) a representative of the Marine Fisheries (O) of subparagraph (a)(2) misses 3 consecutive relationships with a broad range of entities to Commissions; regularly scheduled Board meetings, the mem- further strategic priorities for fish and fish habi- (I) 1 shall be a representative of the bers of the Board may— tat; Sportfishing and Boating Partnership Council; (A) vote to remove that member; and (E) a strategic plan that details required in- (J) 7 shall be representatives selected from at (B) appoint another individual in accordance vestments for fish habitat conservation that ad- least one from each of the following: with paragraph (4). dresses the strategic fish habitat priorities of the (i) the recreational sportfishing industry; (c) CHAIRPERSON.— Partnership and supports and meets the stra- (ii) the commercial fishing industry; (1) IN GENERAL.—The representative of the As- tegic priorities of the Board; (iii) marine recreational anglers; sociation of Fish and Wildlife Agencies ap- (F) the ability to develop and implement fish (iv) freshwater recreational anglers; pointed under subsection (a)(2)(E) shall serve as habitat conservation projects that address stra- (v) habitat conservation organizations; and Chairperson of the Board. tegic priorities of the Partnership and the (vi) science-based fishery organizations; (2) TERM.—The Chairperson of the Board Board; and (K) 1 shall be a representative of a national shall serve for a term of 3 years. (G) the ability to develop fish habitat con- private landowner organization; (d) MEETINGS.— servation priorities based on sound science and (L) 1 shall be a representative of an agricul- (1) IN GENERAL.—The Board shall meet— data, the ability to measure the effectiveness of tural production organization; (A) at the call of the Chairperson; but fish habitat projects of the Partnership, and a (M) 1 shall be a representative of local govern- (B) not less frequently than twice each cal- clear plan as to how Partnership science and ment interests involved in fish habitat restora- endar year. data components will be integrated with the tion; (2) PUBLIC ACCESS.—All meetings of the Board overall Board science and data effort. (N) 2 shall be representatives from different shall be open to the public. (d) REQUIREMENTS FOR RECOMMENDATION TO sectors of corporate industries, which may in- (e) PROCEDURES.— CONGRESS.—The Board may recommend to Con- clude— (1) IN GENERAL.—The Board shall establish gress for designation an application for a Part- (i) natural resource commodity interests, such procedures to carry out the business of the nership submitted under subsection (c) if the as petroleum or mineral extraction; Board, including— Board determines that the applicant—

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A10DE7.020 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9985 (1) meets the criteria described in subsection submit to the Board a list of priority fish habitat (B) to reflect appropriate changes to the fish (c)(2); conservation projects recommended by the Part- habitat conservation project if the assessment (2) identifies representatives to provide sup- nership for annual funding under this subtitle. substantiates that the fish habitat conservation port and technical assistance to the Partnership (b) RECOMMENDATIONS BY BOARD.—Not later project objectives are not being met; from a diverse group of public and private part- than July 1 of each year, the Board shall submit (C) to identify improvements to existing fish ners, which may include State or local govern- to the Secretary a priority list of fish habitat populations, recreational fishing opportunities, ments, nonprofit entities, Indian Tribes, and conservation projects that includes a descrip- and the overall economic benefits for the local private individuals, that are focused on con- tion, including estimated costs, of each project community of the fish habitat conservation servation of fish habitats to achieve results that the Board recommends that the Secretary project; and across jurisdictional boundaries on public and approve and fund under this subtitle for the fol- (D) to require the submission to the Board of private land; lowing fiscal year. a report describing the findings of the assess- (3) is organized to promote the health of im- (c) CRITERIA FOR PROJECT SELECTION.—The ment. portant fish species and important fish habitats, Board shall select each fish habitat conserva- (2) ACQUISITION AUTHORITIES.— including reservoirs, natural lakes, coastal and tion project recommended to the Secretary under (A) IN GENERAL.—A State, local government, marine environments, and estuaries; subsection (b) after taking into consideration, at or other non-Federal entity is eligible to receive (4) identifies strategic fish and fish habitat a minimum, the following information: funds for the acquisition of real property from priorities for the Partnership area in the form of (1) A recommendation of the Partnership that willing sellers under this subtitle if the acquisi- geographical focus areas or key stressors or im- is, or will be, participating actively in imple- tion ensures— pairments to facilitate strategic planning and menting the fish habitat conservation project. (i) public access for fish and wildlife-depend- decision making; (2) The capabilities and experience of project ent recreation; or (5) is able to address issues and priorities on proponents to implement successfully the pro- (ii) a scientifically based, direct enhancement a nationally significant scale; posed project. to the health of fish and fish populations, as de- (6) includes a governance structure that— (3) The extent to which the fish habitat con- termined by the Board. (A) reflects the range of all partners; and servation project— (B) STATE AGENCY APPROVAL.— (B) promotes joint strategic planning and de- (A) fulfills a local or regional priority that is (i) IN GENERAL.—All real property interest ac- cision making by the applicant; directly linked to the strategic plan of the Part- quisition projects funded under this subtitle (7) demonstrates completion of, or significant nership and is consistent with the purpose of must be approved by the State agency in the progress toward the development of, a strategic this subtitle; State in which the project is occurring. plan to address declines in fish populations, (B) addresses the national priorities estab- (ii) PROHIBITION.—The Board may not rec- rather than simply treating symptoms, in ac- lished by the Board; ommend, and the Secretary may not provide any cordance with the goals and national priorities (C) is supported by the findings of the habitat funding for, any real property interest acquisi- established by the Board; and assessment of the Partnership or the Board, and tion that has not been approved by the State (8) promotes collaboration in developing a aligns or is compatible with other conservation agency. strategic vision and implementation program plans; (C) ASSESSMENT OF OTHER AUTHORITIES.—The that is scientifically sound and achievable. (D) identifies appropriate monitoring and Board may not recommend, and the Secretary (e) REPORT TO CONGRESS.— evaluation measures and criteria that are com- may not provide any funding under this subtitle (1) IN GENERAL.—Not later than February 1 of patible with national measures; for, any real property interest acquisition unless the first fiscal year beginning after the date of (E) provides a well-defined budget linked to the Partnership that recommended the project enactment of this Act and each February 1 deliverables and outcomes; has conducted a project assessment, submitted thereafter, the Board shall develop and submit (F) leverages other funds to implement the with the funding request and approved by the to the appropriate congressional committees an project; Board, to demonstrate all other Federal, State, annual report, to be entitled ‘‘Report to Con- (G) addresses the causes and processes behind and local authorities for the acquisition of real gress on Future Fish Habitat Partnerships and the decline of fish or fish habitats; and property have been exhausted. Modifications’’, that— (H) includes an outreach or education compo- (D) RESTRICTIONS.—A real property interest (A) identifies each entity that— nent that includes the local or regional commu- may not be acquired pursuant to a fish habitat (i) meets the requirements described in sub- nity. conservation project by a State, local govern- section (d); and (4) The availability of sufficient non-Federal ment, or other non-Federal entity conducted (ii) the Board recommends to Congress for des- funds to match Federal contributions for the with funds provided under this subtitle, un- ignation as a Partnership; fish habitat conservation project, as required by less— (B) describes any proposed modifications to a subsection (e). (i) the owner of the real property authorizes Partnership previously designated by Congress (5) The extent to which the fish habitat con- the State, local government, or other non-Fed- under subsection (f); servation project— eral entity to acquire the real property; and (C) with respect to each entity recommended (A) will increase fish populations in a manner (ii) the Secretary and the Board determine for designation as a Partnership, describes, to that leads to recreational fishing opportunities that the State, local government, or other non- the maximum extent practicable— for the public; Federal entity would benefit from undertaking (i) the purpose of the recommended Partner- (B) will be carried out through a cooperative the management of the real property being ac- ship; and agreement among Federal, State, and local gov- quired because that is in accordance with the (ii) how the recommended Partnership fulfills ernments, Indian Tribes, and private entities; goals of a Partnership. the requirements described in subsection (d). (C) increases public access to land or water (e) NON-FEDERAL CONTRIBUTIONS.— (2) PUBLIC AVAILABILITY; NOTIFICATION.—The for fish and wildlife-dependent recreational op- (1) IN GENERAL.—Except as provided in para- Board shall— portunities; graph (2), no fish habitat conservation project (A) make the report publicly available, includ- (D) advances the conservation of fish and may be recommended by the Board under sub- ing on the internet; and wildlife species that have been identified by a section (b) or provided financial assistance (B) provide to the appropriate congressional State agency as species of greatest conservation under this subtitle unless at least 50 percent of committees and the State agency of any State need; the cost of the fish habitat conservation project included in a recommended Partnership area (E) where appropriate, advances the conserva- will be funded with non-Federal funds. written notification of the public availability of tion of fish and fish habitats under the Magnu- (2) NON-FEDERAL SHARE.—Such non-Federal the report. son-Stevens Fishery Conservation and Manage- share of the cost of a fish habitat conservation (f) DESIGNATION OR MODIFICATION OF PART- ment Act (16 U.S.C. 1801 et seq.) and other rel- project— NERSHIP.—Congress shall have the exclusive au- evant Federal law and State wildlife action (A) may not be derived from another Federal thority to designate or modify a Partnership. plans; and grant program; and (g) EXISTING PARTNERSHIPS.— (F) promotes strong and healthy fish habitats (B) may include in-kind contributions and (1) DESIGNATION REVIEW.—Not later than 5 so that desired biological communities are able cash. years after the date of enactment of this Act, to persist and adapt. (3) SPECIAL RULE FOR INDIAN TRIBES.—Not- any partnership receiving Federal funds as of (6) The substantiality of the character and de- withstanding paragraph (1) or any other provi- the date of enactment of this Act shall be sub- sign of the fish habitat conservation project. sion of law, any funds made available to an In- ject to a designation review by Congress in (d) LIMITATIONS.— dian Tribe pursuant to this subtitle may be con- which Congress shall have the opportunity to (1) REQUIREMENTS FOR EVALUATION.—No fish sidered to be non-Federal funds for the purpose designate the partnership under subsection (f). habitat conservation project may be rec- of paragraph (1). (2) INELIGIBILITY FOR FEDERAL FUNDS.—A ommended by the Board under subsection (b) or (f) APPROVAL.— partnership referred to in paragraph (1) that provided financial assistance under this subtitle (1) IN GENERAL.—Not later than 90 days after Congress does not designate as described in that unless the fish habitat conservation project in- the date of receipt of the recommended priority paragraph shall be ineligible to receive Federal cludes an evaluation plan designed using appli- list of fish habitat conservation projects under funds under this subtitle. cable Board guidance— subsection (b), and subject to subsection (d) and SEC. 205. FISH HABITAT CONSERVATION (A) to appropriately assess the biological, eco- based, to the maximum extent practicable, on PROJECTS. logical, or other results of the habitat protec- the criteria described in subsection (c), the Sec- (a) SUBMISSION TO BOARD.—Not later than tion, restoration, or enhancement activities car- retary, after consulting with the Secretary of March 31 of each year, each Partnership shall ried out using the assistance; Commerce on marine or estuarine projects, shall

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approve or reject any fish habitat conservation SEC. 209. ACCOUNTABILITY AND REPORTING. (d) EFFECT ON INDIAN TRIBES.—Nothing in project recommended by the Board. (a) REPORTING.— this subtitle abrogates, abridges, affects, modi- (2) FUNDING.—If the Secretary approves a fish (1) IN GENERAL.—Not later than 5 years after fies, supersedes, or alters any right of an Indian habitat conservation project under paragraph the date of enactment of this Act, and every 5 Tribe recognized by treaty or any other means, (1), the Secretary shall use amounts made avail- years thereafter, the Board shall submit to the including— able to carry out this subtitle to provide funds appropriate congressional committees a report (1) an agreement between the Indian Tribe to carry out the fish habitat conservation describing the progress of this subtitle. and the United States; project. (2) CONTENTS.—Each report submitted under (2) Federal law (including regulations); (3) NOTIFICATION.—If the Secretary rejects paragraph (1) shall include— (3) an Executive order; or under paragraph (1) any fish habitat conserva- (A) an estimate of the number of acres, stream (4) a judicial decree. tion project recommended by the Board, not miles, or acre-feet, or other suitable measures of (e) ADJUDICATION OF WATER RIGHTS.—Noth- later than 90 days after the date of receipt of fish habitat, that was maintained or improved ing in this subtitle diminishes or affects the abil- the recommendation, the Secretary shall provide by Partnerships under this subtitle during the 5- ity of the Secretary to join an adjudication of to the Board, the appropriate Partnership, and year period ending on the date of submission of rights to the use of water pursuant to subsection the appropriate congressional committees a writ- the report; (a), (b), or (c) of section 208 of the Departments ten statement of the reasons that the Secretary (B) a description of the public access to fish of State, Justice, Commerce, and The Judiciary rejected the fish habitat conservation project. habitats established or improved under this sub- Appropriation Act, 1953 (43 U.S.C. 666). EPARTMENT OF OMMERCE UTHORITY SEC. 206. TECHNICAL AND SCIENTIFIC ASSIST- title during that 5-year period; (f) D C A .— ANCE. (C) a description of the improved opportuni- Nothing in this subtitle affects the authority, ju- (a) IN GENERAL.—The Director, the National ties for public recreational fishing achieved risdiction, or responsibility of the Department of Oceanic and Atmospheric Administration Assist- under this subtitle; and Commerce to manage, control, or regulate fish or ant Administrator, the Environmental Protec- (D) an assessment of the status of fish habitat fish habitats under the Magnuson-Stevens Fish- tion Agency Assistant Administrator, and the conservation projects carried out with funds ery Conservation and Management Act (16 Director of the United States Geological Survey, provided under this subtitle during that period, U.S.C. 1801 et seq.). in coordination with the Forest Service and disaggregated by year, including— (g) EFFECT ON OTHER AUTHORITIES.— other appropriate Federal departments and (i) a description of the fish habitat conserva- (1) PRIVATE PROPERTY PROTECTION.—Nothing agencies, may provide scientific and technical tion projects recommended by the Board under in this subtitle permits the use of funds made assistance to Partnerships, participants in fish section 205(b); available to carry out this subtitle to acquire habitat conservation projects, and the Board. (ii) a description of each fish habitat con- real property or a real property interest without (b) INCLUSIONS.—Scientific and technical as- servation project approved by the Secretary the written consent of each owner of the real sistance provided under subsection (a) may in- under section 205(f), in order of priority for property or real property interest, respectively. clude— funding; (2) MITIGATION.—Nothing in this subtitle au- (1) providing technical and scientific assist- (iii) a justification for— thorizes the use of funds made available to ance to States, Indian Tribes, regions, local (I) the approval of each fish habitat conserva- carry out this subtitle for fish and wildlife miti- communities, and nongovernmental organiza- tion project; and gation purposes under— tions in the development and implementation of (II) the order of priority for funding of each (A) the Federal Water Pollution Control Act Partnerships; fish habitat conservation project; (33 U.S.C. 1251 et seq.); (2) providing technical and scientific assist- (iv) a justification for any rejection of a fish (B) the Fish and Wildlife Coordination Act (16 ance to Partnerships for habitat assessment, habitat conservation project recommended by U.S.C. 661 et seq.); (C) the Water Resources Development Act of strategic planning, and prioritization; the Board under section 205(b) that was based (3) supporting the development and implemen- on a factor other than the criteria described in 1986 (Public Law 99–662; 100 Stat. 4082); or (D) any other Federal law or court settlement. tation of fish habitat conservation projects that section 205(c); and (3) CLEAN WATER ACT.—Nothing in this sub- (v) an accounting of expenditures by Federal, are identified as high priorities by Partnerships title affects any provision of the Federal Water State, or local governments, Indian Tribes, or and the Board; Pollution Control Act (33 U.S.C. 1251 et seq.), (4) supporting and providing recommendations other entities to carry out fish habitat conserva- including any definition in that Act. regarding the development of science-based tion projects under this subtitle. SEC. 211. NONAPPLICABILITY OF FEDERAL ADVI- monitoring and assessment approaches for im- (b) STATUS AND TRENDS REPORT.—Not later SORY COMMITTEE ACT. plementation through Partnerships; than December 31, 2020, and every 5 years there- The Federal Advisory Committee Act (5 U.S.C. (5) supporting and providing recommendations after, the Board shall submit to the appropriate App.) shall not apply to— for a national fish habitat assessment; congressional committees a report that in- (1) the Board; or (6) ensuring the availability of experts to as- cludes— (2) any Partnership. sist in conducting scientifically based evalua- (1) a status of all Partnerships designated SEC. 212. FUNDING. tion and reporting of the results of fish habitat under this subtitle; (a) AUTHORIZATION OF APPROPRIATIONS.— conservation projects; and (2) a description of the status of fish habitats (1) FISH HABITAT CONSERVATION PROJECTS.— (7) providing resources to secure State agency in the United States as identified by designated There is authorized to be appropriated to the scientific and technical assistance to support Partnerships; and Secretary $7,200,000 for each of fiscal years 2019 Partnerships, participants in fish habitat con- (3) enhancements or reductions in public ac- through 2023 to provide funds for fish habitat servation projects, and the Board. cess as a result of— conservation projects approved under section (A) the activities of the Partnerships; or SEC. 207. COORDINATION WITH STATES AND IN- 205(f), of which 5 percent is authorized only for DIAN TRIBES. (B) any other activities carried out pursuant projects carried out by Indian Tribes. The Secretary shall provide a notice to, and to this subtitle. (2) ADMINISTRATIVE AND PLANNING EX- cooperate with, the appropriate State agency or SEC. 210. EFFECT OF THIS SUBTITLE. PENSES.—There is authorized to be appropriated Tribal agency, as applicable, of each State and (a) WATER RIGHTS.—Nothing in this subtitle— to the Secretary for each of fiscal years 2019 Indian Tribe within the boundaries of which an (1) establishes any express or implied reserved through 2023 an amount equal to 5 percent of activity is planned to be carried out pursuant to water right in the United States for any pur- the amount appropriated for the applicable fis- this subtitle, including notification, by not later pose; cal year pursuant to paragraph (1)— than 30 days before the date on which the activ- (2) affects any water right in existence on the (A) for administrative and planning expenses ity is implemented. date of enactment of this Act; under this subtitle; and SEC. 208. INTERAGENCY OPERATIONAL PLAN. (3) preempts or affects any State water law or (B) to carry out section 209. Not later than 1 year after the date of enact- interstate compact governing water; or (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— ment of this Act, and every 5 years thereafter, (4) affects any Federal or State law in exist- There is authorized to be appropriated for each the Director, in cooperation with the National ence on the date of enactment of the Act regard- of fiscal years 2020 through 2024 to carry out, Oceanic and Atmospheric Administration Assist- ing water quality or water quantity. and provide technical and scientific assistance ant Administrator, the Environmental Protec- (b) AUTHORITY TO ACQUIRE WATER RIGHTS OR under, section 206— tion Agency Assistant Administrator, the Direc- RIGHTS TO PROPERTY.—Only a State, local gov- (A) $400,000 to the Secretary for use by the tor of the United States Geological Survey, and ernment, or other non-Federal entity may ac- United States Fish and Wildlife Service; the heads of other appropriate Federal depart- quire, under State law, water rights or rights to (B) $400,000 to the National Oceanic and At- ments and agencies (including, at a minimum, property with funds made available through mospheric Administration Assistant Adminis- those agencies represented on the Board) shall section 212. trator for use by the National Oceanic and At- develop an interagency operational plan that (c) STATE AUTHORITY.—Nothing in this sub- mospheric Administration; describes— title— (C) $400,000 to the Environmental Protection (1) the functional, operational, technical, sci- (1) affects the authority, jurisdiction, or re- Agency Assistant Administrator for use by the entific, and general staff, administrative, and sponsibility of a State to manage, control, or Environmental Protection Agency; material needs for the implementation of this regulate fish and wildlife under the laws and (D) $400,000 to the Secretary for use by the subtitle; and regulations of the State; or United States Geological Survey; and (2) any interagency agreements between or (2) authorizes the Secretary to control or regu- (E) $400,000 to the Chief of the Forest Service among Federal departments and agencies to ad- late within a State the fishing or hunting of fish for use by the United States Department of Agri- dress those needs. and wildlife. culture Forest Service.

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(b) AGREEMENTS AND GRANTS.—The Secretary (4) President Richard Nixon submitted, and (6) Over half of the economic productivity of may— the Congress approved, Reorganization Plan No. the United States is located within coastal re- (1) on the recommendation of the Board, and 4 (84 Stat. 2090), conferring science activities gions. notwithstanding sections 6304 and 6305 of title and management of marine fisheries to the Na- (7) Highly accurate, high-resolution remote 31, United States Code, and the Federal Finan- tional Oceanic and Atmospheric Administration. sensing and other geospatial data play an in- cial Assistance Management Improvement Act of (5) Reorganization Plan No. 4 expressly ex- creasingly important role in decision making 1999 (31 U.S.C. 6101 note; Public Law 106–107), cluded fishery research activities within the and management of the coastal zone and econ- enter into a grant agreement, cooperative agree- Great Lakes from the transfer, retaining man- omy, including for— ment, or contract with a Partnership or other agement and scientific research duties within (A) flood and coastal storm surge prediction; entity to provide funds authorized by this sub- the already established jurisdictions under the (B) hazard risk and vulnerability assessment; title for a fish habitat conservation project or 1954 Convention on Great Lakes Fisheries, in- (C) emergency response and recovery plan- restoration or enhancement project; cluding those of the Great Lakes Fishery Com- ning; (2) apply for, accept, and, subject to the avail- mission and the Department of the Interior. (D) community resilience to longer range ability of appropriations, use a grant from any SEC. 216. GREAT LAKES MONITORING, ASSESS- coastal change; individual or entity to carry out the purposes of MENT, SCIENCE, AND RESEARCH. (E) local planning and permitting; this subtitle; and (a) IN GENERAL.—The Director may conduct (F) habitat and ecosystem health assessments; (3) subject to the availability of appropria- monitoring, assessment, science, and research, and tions, make funds authorized by this Act avail- in support of the binational fisheries within the (G) landscape change detection. able to any Federal department or agency for Great Lakes Basin. SEC. 302. DEFINITIONS. use by that department or agency to provide (b) SPECIFIC AUTHORITIES.—The Director In this subtitle: grants for any fish habitat protection project, shall, under subsection (a)— (1) COASTAL REGION.—The term ‘‘coastal re- restoration project, or enhancement project that (1) execute a comprehensive, multi-lake, fresh- gion’’ means the area of United States waters the Secretary determines to be consistent with water fisheries science program; extending inland from the shoreline to include this subtitle. (2) coordinate with and work cooperatively coastal watersheds and seaward to the terri- (c) DONATIONS.— with regional, State, tribal, and local govern- torial sea. (1) IN GENERAL.—The Secretary may— ments; and (2) COASTAL STATE.—The term ‘‘coastal State’’ (A) enter into an agreement with any organi- (3) consult with other interested entities has the meaning given the term ‘‘coastal state’’ zation described in section 501(c)(3) of the Inter- groups, including academia and relevant Cana- in section 304 of the Coastal Zone Management nal Revenue Code of 1986 that is exempt from dian agencies. Act of 1972 (16 U.S.C. 1453). taxation under section 501(a) of that Code to so- (c) INCLUDED RESEARCH.—To properly serve (3) FEDERAL GEOGRAPHIC DATA COMMITTEE.— licit private donations to carry out the purposes the needs of fisheries managers, monitoring, as- The term ‘‘Federal Geographic Data Committee’’ of this subtitle; and sessment, science, and research under this sec- means the interagency committee that promotes (B) accept donations of funds, property, and tion may include— the coordinated development, use, sharing, and services to carry out the purposes of this sub- (1) deepwater ecosystem sciences; dissemination of geospatial data on a national title. (2) TREATMENT.—A donation accepted under (2) biological and food-web components; basis. this subtitle— (3) fish movement and behavior investigations; (4) REMOTE SENSING AND OTHER GEOSPATIAL.— (A) shall be considered to be a gift or bequest (4) fish population structures; The term ‘‘remote sensing and other geospatial’’ to, or otherwise for the use of, the United (5) fish habitat investigations; means collecting, storing, retrieving, or dissemi- States; and (6) invasive species science; nating graphical or digital data depicting nat- (B) may be— (7) use of existing, new, and experimental bio- ural or manmade physical features, phenomena, (i) used directly by the Secretary; or logical assessment tools, equipment, vessels, or boundaries of the Earth and any information (ii) provided to another Federal department or other scientific instrumentation and laboratory related thereto, including surveys, maps, charts, agency through an interagency agreement. capabilities necessary to support fishery man- satellite and airborne remote sensing data, im- SEC. 213. PROHIBITION AGAINST IMPLEMENTA- agement decisions; and ages, LiDAR, and services performed by profes- TION OF REGULATORY AUTHORITY (8) studies to assess impacts on Great Lakes sionals such as surveyors, photogrammetrists, BY FEDERAL AGENCIES THROUGH fishery resources. hydrographers, geodesists, cartographers, and PARTNERSHIPS. (d) SAVINGS CLAUSE.—Nothing in this subtitle other such services. Any Partnership designated under this sub- is intended or shall be construed to impede, su- (5) SECRETARY.—The term ‘‘Secretary’’ means title— persede, or alter the authority of the Great the Secretary of Commerce, acting through the (1) shall be for the sole purpose of promoting Lakes Fishery Commission, States, and Indian Administrator of the National Oceanic and At- fish conservation; and tribes under the Convention on Great Lakes mospheric Administration. (2) shall not be used to implement any regu- Fisheries between the United States of America SEC. 303. ESTABLISHMENT OF THE DIGITAL latory authority of any Federal agency. and Canada on September 10, 1954, and the COAST. Subtitle B—Great Lakes Fishery Research Great Lakes Fishery Act of 1956 (16 U.S.C. 931 (a) ESTABLISHMENT.— Authorization et seq.). (1) IN GENERAL.—The Secretary shall establish SEC. 214. DEFINITIONS. SEC. 217. AUTHORIZATION OF APPROPRIATIONS. a program for the provision of an enabling plat- In this subtitle: For each of fiscal years 2020 through 2029, form that integrates geospatial data, decision- (1) DIRECTOR.—The term ‘‘Director’’ means there is authorized to be appropriated support tools, training, and best practices to ad- the Director of the United States Geological Sur- $17,500,000 to carry out this subtitle. dress coastal management issues and needs. vey. TITLE III—MEETING 21ST CENTURY Under the program, the Secretary shall strive to (2) GREAT LAKES BASIN.—The term ‘‘Great OCEAN AND COASTAL DATA NEEDS enhance resilient communities, ecosystem val- Lakes Basin’’ means the air, land, water, and ues, and coastal economic growth and develop- living organisms in the United States within the Subtitle A—Digital Coast ment by helping communities address their drainage basin of the Saint Lawrence River at SEC. 301. FINDINGS. issues, needs, and challenges through cost-effec- and upstream from the point at which such river Congress makes the following findings: tive and participatory solutions. and the Great Lakes become the international (1) The Digital Coast is a model approach for (2) DESIGNATION.—The program established boundary between Canada and the United effective Federal partnerships with State and under paragraph (1) shall be known as the States. local government, nongovernmental organiza- ‘‘Digital Coast’’ (in this section referred to as SEC. 215. FINDINGS. tions, and the private sector. the ‘‘program’’). Congress finds the following: (2) Access to current, accurate, uniform, and (b) PROGRAM REQUIREMENTS.—In carrying out (1) The Great Lakes support a diverse eco- standards-based geospatial information, tools, the program, the Secretary shall ensure that the system, on which the vibrant and economically and training to characterize the United States program provides data integration, tool develop- valuable Great Lakes fisheries depend. coastal region is critical for public safety and ment, training, documentation, dissemination, (2) To continue successful fisheries manage- for the environment, infrastructure, and econ- and archiving by— ment and coordination, as has occurred since omy of the United States. (1) making data and resulting integrated signing of the Convention on Great Lakes Fish- (3) More than half of all people of the United products developed under this section readily eries between the United States and Canada on States (153,000,000) currently live on or near a accessible via the Digital Coast Internet website September 10, 1954, management of the eco- coast and an additional 12,000,000 are expected of the National Oceanic and Atmospheric Ad- system and its fisheries require sound, reliable in the next decade. ministration, the GeoPlatform.gov and data.gov science, and the use of modern scientific tech- (4) Coastal counties in the United States aver- Internet websites, and such other information nologies. age 300 persons per square mile, compared with distribution technologies as the Secretary con- (3) Fisheries research is necessary to support the national average of 98. siders appropriate; multi-jurisdictional fishery management deci- (5) On a typical day, more than 1,540 permits (2) developing decision-support tools that use sions and actions regarding recreational and for construction of single-family homes are and display resulting integrated data and pro- sport fishing, commercial fisheries, tribal har- issued in coastal counties, combined with other vide training on use of such tools; vest, allocation decisions, and fish stocking ac- commercial, retail, and institutional construc- (3) documenting such data to Federal Geo- tivities. tion to support this population. graphic Data Committee standards; and

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(ii) grants, cooperative agreements, inter- Except as otherwise expressly provided, wher- (c) COORDINATION.—The Secretary shall co- agency agreements, contracts, or any other ever in this title an amendment or repeal is ex- ordinate the activities carried out under the pro- agreement on a reimbursable or non-reimburs- pressed in terms of an amendment to, or repeal gram to optimize data collection, sharing and able basis, with other Federal, tribal, State, and of, a section or other provision, the reference integration, and to minimize duplication by— local governmental and nongovernmental enti- shall be considered to be made to a section or (1) consulting with coastal managers and de- ties; and other provision of the National Sea Grant Col- cision makers concerning coastal issues, and (B) may, to the maximum extent practicable, lege Program Act (33 U.S.C. 1121 et seq.). sharing information and best practices, as the enter into such contracts with private sector en- SEC. 402. MODIFICATION OF DEAN JOHN A. Secretary considers appropriate, with— tities for such products and services as the Sec- KNAUSS MARINE POLICY FELLOW- (A) coastal States; retary determines may be necessary to collect, SHIP. (B) local governments; and process, and provide remote sensing and other (a) IN GENERAL.—Section 208(b) (33 U.S.C. (C) representatives of academia, the private geospatial data and products for purposes of the 1127(b)) is amended by striking ‘‘may’’ and in- sector, and nongovernmental organizations; program. serting ‘‘shall’’. (2) consulting with other Federal agencies, in- (b) PLACEMENTS IN CONGRESS.—Such section is (2) FEES.— cluding interagency committees, on relevant further amended— Federal activities, including activities carried (A) ASSESSMENT AND COLLECTION.—The Sec- (1) in the first sentence, by striking ‘‘The Sec- out under the Ocean and Coastal Mapping Inte- retary may assess and collect fees to conduct retary’’ and inserting the following: gration Act (33 U.S.C. 3501 et seq.), the Coastal any planned training, workshop, or conference ‘‘(1) IN GENERAL.—The Secretary’’; and Zone Management Act of 1972 (16 U.S.C. 1451 et that advances the purposes of the program. (2) in paragraph (1), as designated by para- seq.), the Integrated Coastal and Ocean Obser- (B) AMOUNTS.—The amount of a fee under graph (1) of this section, in the second sentence, vation System Act of 2009 (33 U.S.C. 3601 et this paragraph may not exceed the sum of costs by striking ‘‘A fellowship’’ and inserting the fol- seq.), and the Hydrographic Services Improve- incurred, or expected to be incurred, by the Sec- lowing: ment Act of 1998 (33 U.S.C. 892 et seq.); retary as a direct result of the conduct of the ‘‘(2) PLACEMENT PRIORITIES.— (3) participating, pursuant to section 216 of training, workshop, or conference, including for ‘‘(A) IN GENERAL.—In each year in which the the E-Government Act of 2002 (Public Law 107– subsistence expenses incidental to the training, Secretary awards a legislative fellowship under 347; 44 U.S.C. 3501 note), in the establishment of workshop, or conference, as applicable. this subsection, when considering the placement such standards and common protocols as the (C) USE OF FEES.—Amounts collected by the of fellows, the Secretary shall prioritize place- Secretary considers necessary to assure the Secretary in the form of fees under this para- ment of fellows in the following: interoperability of remote sensing and other graph may be used to pay for— ‘‘(i) Positions in offices of committees of Con- geospatial data with all users of such informa- (i) the costs incurred for conducting an activ- gress that have jurisdiction over the National tion within— ity described in subparagraph (A); or Oceanic and Atmospheric Administration. ‘‘(ii) Positions in offices of Members of Con- (A) the National Oceanic and Atmospheric (ii) the expenses described in subparagraph Administration; gress who are on such committees. (B). ‘‘(iii) Positions in offices of Members of Con- (B) other Federal agencies; (3) SURVEY AND MAPPING.—Contracts entered gress that have a demonstrated interest in (C) State and local government; and into under paragraph (1)(B) shall be considered (D) the private sector; ocean, coastal, or Great Lakes resources. ‘‘surveying and mapping’’ services as such term ‘‘(B) EQUITABLE DISTRIBUTION.— (4) coordinating with, seeking assistance and is used in and as such contracts are awarded by ‘‘(i) FINDING AND RECOGNITION.—Congress— cooperation of, and providing liaison to the Fed- the Secretary in accordance with the selection ‘‘(I) finds that both host offices and fellows eral Geographic Data Committee pursuant to procedures in chapter 11 of title 40, United benefit when fellows have the opportunity to Office of Management and Budget Circular A– States Code. choose from a range of host offices from dif- 16 and Executive Order 12906 of April 11, 1994 (f) OCEAN ECONOMY.—The Secretary may es- ferent States and regions, both chambers of Con- (59 Fed. Reg. 17671), as amended by Executive tablish publically available tools that track gress, and both political parties; and Order 13286 of February 28, 2003 (68 Fed. Reg. ocean and Great Lakes economy data for each ‘‘(II) recognizes the steps taken by the Na- 10619); and coastal State. tional Sea Grant College Program to facilitate (5) developing and maintaining a best prac- an equitable distribution of fellows among the Subtitle B—Integrated Coastal and Ocean tices document that sets out the best practices political parties. Observation System used by the Secretary in carrying out the pro- ‘‘(ii) IN GENERAL.—The Secretary shall ensure, gram and providing such document to the SEC. 304. STAGGERED TERMS FOR NATIONAL IN- to the maximum extent practicable, that fellows United States Geological Survey, the Corps of TEGRATED COASTAL AND OCEAN OB- have the opportunity to choose from offices that Engineers, and other relevant Federal agencies. SERVATION SYSTEM ADVISORY COM- are described in clauses (i), (ii), and (iii) of sub- MITTEE. (d) FILLING NEEDS AND GAPS.—In carrying out paragraph (A) and that are equitably distrib- the program, the Secretary shall— Section 12304(d)(3)(B) of the Integrated Coast- uted among— (1) maximize the use of remote sensing and al and Ocean Observation System Act of 2009 (33 ‘‘(I) the political parties; and other geospatial data collection activities con- U.S.C. 3603(d)(3)(B)) is amended— ‘‘(II) the Senate and the House of Representa- ducted for other purposes and under other au- (1) by striking ‘‘Members’’ and inserting the tives. thorities; following: ‘‘(iii) POLITICAL AND CAMERAL EQUITY.—The (2) focus on filling data needs and gaps for ‘‘(i) IN GENERAL.—Except as provided in Secretary shall ensure that placements are equi- coastal management issues, including with re- clause (ii), members’’; and tably distributed between— spect to areas that, as of the date of the enact- (2) by adding at the end the following: ‘‘(I) the political parties; and ment of this Act, were underserved by coastal ‘‘(ii) STAGGERED TERMS.—The Administrator ‘‘(II) the Senate and the House of Representa- data and the areas of the Arctic that are under may appoint or reappoint a member for a partial tives. the jurisdiction of the United States; term of 1 or 2 years in order to establish a sys- ‘‘(3) DURATION.—A fellowship’’. (c) EFFECTIVE DATE.—The amendments made (3) pursuant to the Ocean and Coastal Map- tem of staggered terms. The Administrator may by subsection (b) shall apply with respect to the ping Integration Act (33 U.S.C. 3501 et seq.), appoint or reappoint a member under this clause first calendar year beginning after the date of support continue improvement in existing efforts only once. A member appointed or reappointed the enactment of this Act and each fiscal year to coordinate the acquisition and integration of to a partial term under this clause may not thereafter. key data sets needed for coastal management serve more than one full term.’’. and other purposes, including— (d) SENSE OF CONGRESS CONCERNING FEDERAL (A) coastal elevation data; SEC. 305. INTEGRATED COASTAL AND OCEAN OB- HIRING OF FORMER FELLOWS.—It is the sense of (B) land use and land cover data; SERVATION SYSTEM COOPERATIVE Congress that in recognition of the competitive AGREEMENTS. (C) socioeconomic and human use data; nature of the fellowship under section 208(b) of (D) critical infrastructure data; Section 12305(a) of the Integrated Coastal and the National Sea Grant College Program Act (33 (E) structures data; Ocean Observation System Act of 2009 (33 U.S.C. U.S.C. 1127(b)), and of the exceptional qualifica- (F) living resources and habitat data; 3604(a)) is amended by inserting ‘‘disburse ap- tions of fellowship awardees— (G) cadastral data; and propriated funds to,’’ after ‘‘agreements, with,’’. (1) the Secretary of Commerce, acting through (H) aerial imagery; and SEC. 306. REAUTHORIZATION OF INTEGRATED the Under Secretary of Commerce for Oceans (4) integrate the priority supporting data set COASTAL AND OCEAN OBSERVATION and Atmosphere, should encourage partici- forth under paragraph (3) with other available SYSTEM ACT OF 2009. pating Federal agencies to consider opportuni- data for the benefit of the broadest measure of Section 12311 of the Integrated Coastal and ties for fellowship awardees at the conclusion of coastal resource management constituents and Ocean Observation System Act of 2009 (33 U.S.C. their fellowships for workforce positions appro- applications. 3610) is amended by striking ‘‘for fiscal years priate for their education and experience; and (e) FINANCIAL AGREEMENTS AND CONTRACTS.— 2009 through 2013 such sums as are necessary’’ (2) Members and committees of Congress (1) IN GENERAL.—In carrying out the program, and inserting ‘‘$47,500,000 for each of fiscal should consider opportunities for such awardees the Secretary— years 2020 through 2024’’. for such positions.

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SEC. 403. MODIFICATION OF AUTHORITY OF SEC- under section 208(b) of the National Sea Grant (c) ALLOCATION OF FUNDING.— RETARY OF COMMERCE TO ACCEPT College Program Act (33 U.S.C. 1127(b)) who— (1) IN GENERAL.—Section 204(d)(3) (33 U.S.C. DONATIONS FOR NATIONAL SEA (1) earned a graduate or post-graduate degree 1123(d)(3)) is amended— GRANT COLLEGE PROGRAM. in a field related to ocean, coastal, or Great (A) by striking ‘‘With respect to sea grant col- (a) IN GENERAL.—Section 204(c)(4)(E) (33 Lakes resources or policy from an institution of leges and sea grant institutes’’ and inserting U.S.C. 1123(c)(4)(E)) is amended to read as fol- higher education accredited by an agency or as- ‘‘With respect to sea grant colleges, sea grant lows: sociation recognized by the Secretary of Edu- institutes, sea grant programs, and sea grant ‘‘(E) accept donations of money and, notwith- cation pursuant to section 496(a) of the Higher projects’’; and standing section 1342 of title 31, United States Education Act of 1965 (20 U.S.C. 1099b(a)); (B) in subparagraph (B), by striking ‘‘funding Code, of voluntary and uncompensated serv- (2) received a Dean John A. Knauss Marine among sea grant colleges and sea grant insti- ices;’’. Policy Fellowship under section 208(b) of the tutes’’ and inserting ‘‘funding among sea grant (b) PRIORITIES.—The Secretary of Commerce, National Sea Grant College Program Act (33 colleges, sea grant institutes, sea grant pro- acting through the Under Secretary of Com- U.S.C. 1127(b)) within 5 years before the date grams, and sea grant projects’’. merce for Oceans and Atmosphere, shall estab- the individual is appointed under this section; (2) REPEAL OF REQUIREMENTS CONCERNING DIS- lish priorities for the use of donations accepted and TRIBUTION OF EXCESS AMOUNTS.—Section 212 (33 under section 204(c)(4)(E) of the National Sea (3) successfully fulfilled the requirements of U.S.C. 1131) is amended— Grant College Program Act (33 U.S.C. the fellowship within the executive or legislative (A) by striking subsection (c); and 1123(c)(4)(E)), and shall consider among those branch of the United States Government. (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. priorities the possibility of expanding the Dean SEC. 408. AUTHORIZATION OF APPROPRIATIONS John A. Knauss Marine Policy Fellowship’s FOR NATIONAL SEA GRANT COLLEGE SEC. 409. TECHNICAL CORRECTIONS. placement of additional fellows in relevant legis- PROGRAM. (a) Section 204(d)(3)(B) (33 U.S.C. lative offices under section 208(b) of such Act (33 (a) IN GENERAL.—Section 212(a) (33 U.S.C. 1123(d)(3)(B)) is amended by moving clause (vi) U.S.C. 1127(b)), in accordance with the rec- 1131(a)) is amended— 2 ems to the right. ommendations under subsection (c) of this sec- (1) by amending paragraph (1) to read as fol- (b) Section 209(b) (33 U.S.C. 1128(b)), as tion. lows: amended by this Act, is further amended— (c) REPORT.—Not later than 180 days after the ‘‘(1) IN GENERAL.—There are authorized to be (1) in paragraph (2), by striking ‘‘The Sec- date of the enactment of this Act, the Director appropriated to the Secretary to carry out this retary shall’’ and all that follows; and of the National Sea Grant College Program, in title— (2) by adding at the end the following: consultation with the National Sea Grant Advi- ‘‘(A) $87,520,000 for fiscal year 2020; ‘‘(3) AVAILABILITY OF RESOURCES OF DEPART- sory Board and the Sea Grant Association, ‘‘(B) $91,900,000 for fiscal year 2021; MENT OF COMMERCE.—The Secretary shall’’. shall— ‘‘(C) $96,500,000 for fiscal year 2022; The CHAIR. No further amendment (1) develop recommendations for the optimal ‘‘(D) $101,325,000 for fiscal year 2023; to the bill, as amended, shall be in use of any donations accepted under section ‘‘(E) $106,380,000 for fiscal year 2024; and order except those printed in House Re- 204(c)(4)(E) of the National Sea Grant College ‘‘(F) $111,710,813 for fiscal year 2025.’’; and (2) by amending paragraph (2) to read as fol- port 116–330 and amendments en bloc Program Act (33 U.S.C. 1123(c)(4)(E)); and described in section 3 of House Resolu- (2) submit to Congress a report on the rec- lows: ommendations developed under paragraph (1). ‘‘(2) PRIORITY ACTIVITIES FOR FISCAL YEARS tion 748. 2020 THROUGH 2025.—In addition to the amounts (d) CONSTRUCTION.—Nothing in this section Each further amendment printed in shall be construed to limit or otherwise affect authorized to be appropriated under paragraph House Report 116–330, shall be consid- any other amounts available for marine policy (1), there are authorized to be appropriated ered in the order printed in the report, fellowships under section 208(b) of the National $6,000,000 for each of fiscal years 2020 through may be offered only by a Member des- Sea Grant College Program Act (33 U.S.C. 2025 for competitive grants for the following: ‘‘(A) University research on the biology, pre- ignated in the report, shall be consid- 1127(b)), including amounts— vention, and control of aquatic nonnative spe- ered as read, shall be debatable for the (1) accepted under section 204(c)(4)(F) of such time specified in the report equally di- Act (33 U.S.C. 1123(c)(4)(F)); or cies. ‘‘(B) University research on oyster diseases, (2) appropriated under section 212 of such Act vided and controlled by the proponent oyster restoration, and oyster-related human (33 U.S.C. 1131). and an opponent, shall not be subject health risks. to amendment, and shall not be subject SEC. 404. REPEAL OF REQUIREMENT FOR REPORT ‘‘(C) University research on the biology, pre- ON COORDINATION OF OCEANS AND to a demand for division of the ques- vention, and forecasting of harmful algal COASTAL RESEARCH ACTIVITIES. blooms. tion. Section 9 of the National Sea Grant College ‘‘(D) University research, education, training, It shall be in order at any time for Program Act Amendments of 2002 (33 U.S.C. 857– and extension services and activities focused on the chair of the Committee on Natural 20) is repealed. coastal resilience and United States working Resources or his designee to offer SEC. 405. REDUCTION IN FREQUENCY REQUIRED waterfronts and other regional or national pri- amendments en bloc consisting of FOR NATIONAL SEA GRANT ADVI- ority issues identified in the strategic plan SORY BOARD REPORT. amendments printed in House Report under section 204(c)(1). 116–330 not earlier disposed of. Amend- Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is ‘‘(E) University research and extension on amended— sustainable aquaculture techniques and tech- ments en bloc offered pursuant to this (1) in the heading, by striking ‘‘BIENNIAL’’ nologies. section shall be considered as read, and inserting ‘‘PERIODIC’’; and ‘‘(F) Fishery research and extension activities shall be debatable for 20 minutes equal- (2) in the first sentence, by striking ‘‘The conducted by sea grant colleges or sea grant in- ly divided and controlled by the chair Board shall report to the Congress every two stitutes to enhance, and not supplant, existing and ranking minority member of the years’’ and inserting ‘‘Not less frequently than core program funding.’’. once every 4 years, the Board shall submit to Committee on Natural Resources or (b) MODIFICATION OF LIMITATIONS ON their respective designees, shall not be Congress a report’’. AMOUNTS FOR ADMINISTRATION.—Paragraph (1) SEC. 406. MODIFICATION OF ELEMENTS OF NA- of section 212(b) (33 U.S.C. 1131(b)) is amended subject to amendment, and shall not be TIONAL SEA GRANT COLLEGE PRO- to read as follows: subject to a demand for division of the GRAM. ‘‘(1) ADMINISTRATION.— question. Section 204(b) (33 U.S.C. 1123(b)) is amended ‘‘(A) IN GENERAL.—There may not be used for AMENDMENTS EN BLOC OFFERED BY MR. CASE by inserting ‘‘for research, education, extension, administration of programs under this title in a OF HAWAII training, technology transfer, public service,’’ fiscal year more than 5.5 percent of the lesser Mr. CASE. Madam Chair, pursuant to after ‘‘financial assistance’’. of— section 3 of House Resolution 748, I SEC. 407. DIRECT HIRE AUTHORITY; DEAN JOHN ‘‘(i) the amount authorized to be appropriated A. KNAUSS MARINE POLICY FELLOW- under this title for the fiscal year; or offer amendments en bloc under the SHIP. ‘‘(ii) the amount appropriated under this title rule. (a) IN GENERAL.—During fiscal year 2019 and for the fiscal year. The CHAIR. The Clerk will designate any fiscal year thereafter, the head of any Fed- ‘‘(B) CRITICAL STAFFING REQUIREMENTS.— the amendments en bloc. eral agency may appoint, without regard to the ‘‘(i) IN GENERAL.—The Director shall use the Amendments en bloc No. 1 consisting provisions of subchapter I of chapter 33 of title authority under subchapter VI of chapter 33 of of amendment Nos. 1, 2, 3, 5, 7, 10, 11, 13, 5, United States Code, other than sections 3303 title 5, United States Code, to meet any critical 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 27, and and 3328 of such title, a qualified candidate de- staffing requirement while carrying out the ac- 28 printed in House Report 116–330, of- scribed in subsection (b) directly to a position tivities authorized under this title. with the Federal agency for which the can- ‘‘(ii) EXCEPTION FROM CAP.—For purposes of fered by Mr. CASE of Hawaii: didate meets Office of Personnel Management subparagraph (A), any costs incurred as a result AMENDMENT NO. 1 OFFERED BY MR. HASTINGS qualification standards. of an exercise of authority described in clause OF FLORIDA (b) QUALIFIED CANDIDATE.—Subsection (a) ap- (i) shall not be considered an amount used for Page 49, after line 24, insert the following: plies with respect to a former recipient of a administration of programs under this title in a (G) Activities or projects to address the Dean John A. Knauss Marine Policy Fellowship fiscal year.’’. immediate and long-term degradation or loss

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.020 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9990 CONGRESSIONAL RECORD — HOUSE December 10, 2019 of coral and coral reefs in response to bac- emy of Sciences to conduct the comprehen- Subject to the availability of appropriations teria, fungi, viruses, increased sea surface sive assessment under subsection (b). and the priorities set forth in subsection (c), temperatures, ultraviolet radiation, and pol- (b) COMPREHENSIVE ASSESSMENT.— the Under Secretary shall— lutants. (1) IN GENERAL.—Under an agreement be- (1) periodically update the environmental AMENDMENT NO. 2 OFFERED BY MR. HASTINGS tween the Administrator and the National sensitivity index products of the Administra- OF FLORIDA Academy of Sciences under this section, the tion; and Page 66, line 4, insert ‘‘coral reefs,’’ after National Academy of Sciences shall conduct (2) endeavor to do so not less frequently ‘‘environments,’’. a comprehensive assessment of the need for than once every 7 years. and feasibility of establishing an Advanced (c) PRIORITIES.—When prioritizing geo- AMENDMENT NO. 3 OFFERED BY MR. MORELLE OF Research Projects Agency–Oceans (ARPA–O). graphic areas to update environmental sensi- NEW YORK (2) ELEMENTS.—The comprehensive assess- tivity index products, the Under Secretary Page 35, line 4, strike ‘‘may’’ and insert ment carried out pursuant to paragraph (1) shall consider— ‘‘shall’’. shall include— (1) the age of existing environmental sensi- AMENDMENT NO. 5 OFFERED BY MR. MCEACHIN (A) an assessment of how an ARPA–O could tivity index products for the areas; OF VIRGINIA help overcome the long-term and high-risk (2) the occurrence of extreme events, be it Page 10, line 5, strike ‘‘or’’. technological barriers in the development of natural or man-made, which have signifi- page 10, line 8, strike the period and insert ocean technologies, with the goal of enhanc- cantly altered the shoreline or ecosystem ‘‘; or’’ ing the economic, ecological, and national since the last update; (C) which include communities that may security of the United States through the (3) the natural variability of shoreline and not have adequate resources to prepare for or rapid development of technologies that re- coastal environment; and respond to coastal hazards, including low in- sult in— (4) the volume of vessel traffic and general come communities, communities of color, (i) improved data collection, monitoring, vulnerability to spilled pollutants. Tribal communities, and rural communities. and prediction of the ocean environment, in- (d) ENVIRONMENTAL SENSITIVITY INDEX cluding sea ice conditions; PRODUCT DEFINED.—In this subsection, the AMENDMENT NO. 7 OFFERED BY MR. LIPINSKI OF (ii) overcoming barriers to the application term ‘‘environmental sensitivity index prod- ILLINOIS of new and improved technologies, such as uct’’ means a map or similar tool that is uti- Page 45, line 25, insert after subparagraph high costs and scale of operational missions; lized to identify sensitive shoreline, coastal (C) the following: (iii) improved management practices for or offshore, resources prior to an oil spill (C) Adaptive management strategies for protecting ecological sustainability; event in order to set baseline priorities for Great Lakes ecosystems and resources, in- (iv) improved national security capacity; protection and plan cleanup strategies, typi- cluding strategies to support freshwater fish- (v) improved technology for fishery popu- cally including information relating to eries, monitor ice cover, manage phos- lation assessments; shoreline type, biological resources, and phorous and nitrogen chemical loads, mini- (vi) expedited processes between and human use resources. mize invasive species and harmful blooms of among Federal agencies to successfully iden- (e) AUTHORIZATION OF APPROPRIATIONS.— algae, and create protected areas to main- tify, transition, and coordinate research and (1) IN GENERAL.—There is authorized to be tain Great Lakes ecosystems. development output to operations, applica- appropriated to the Under Secretary Page 46, lines 1 and 7, redesignate subpara- tions, commercialization, and other uses; $7,500,000 to carry out subsection (a). graphs (D) and (E) as subparagraphs (E) and and (2) AVAILABILITY.—Amounts appropriated (F), respectively. (vii) ensuring that the United States main- or otherwise made available pursuant to AMENDMENT NO. 10 OFFERED BY MS. MOORE OF tains a technological lead in developing and paragraph (1) shall be available to the Under WISCONSIN deploying advanced ocean technologies; Secretary for the purposes set forth in such Page 45, line 15, insert ‘‘combat invasive (B) an evaluation of the organizational paragraph until expended. species,’’ after ‘‘strategies to’’. structures under which an ARPA–O could be AMENDMENT NO. 19 OFFERED BY MS. PLASKETT Page 46, after line 6, insert the following: organized, which takes into account— OF VIRGIN ISLANDS (E) A description of how the plan will ad- (i) best practices for new research pro- dress the impact of climate change affecting grams; Page 75, lines 7-8, strike ‘‘paragraph (2)’’ coastal communities will have on nearby (ii) metrics and approaches for periodic and insert ‘‘paragraphs (2) and (4)’’. Tribes, Tribal communities, and low-income program evaluation; Page 75, after line 25, insert the following: or low-resource communities and how those (iii) capacity to fund and manage external (4) WAIVER AUTHORITY.—The Secretary, in stakeholders will be included in and in- research awards; and consultation with the Secretary of Com- formed about the development of the plan. (iv) options for oversight of the activity merce with respect to marine or estuarine projects, may waive the application of para- AMENDMENT NO. 11 OFFERED BY MS. MOORE OF through a Federal agency, an interagency or- ganization, nongovernmental organization, graph (2)(A) with respect to a State or an In- WISCONSIN dian Tribe, or otherwise reduce the portion Page 7, line 17, strike ‘‘and’’. or other institutional arrangement; and (C) an estimation of the scale of invest- of the non-Federal share of the cost of an ac- Page 7, line 23, strike the period and insert tivity required to be paid by a State or an ‘‘; and’’ ment necessary to pursue high priority ocean technology projects. Indian Tribe under paragraph (1), if the Sec- (3) include an outreach or education com- retary determines that the State or Indian ponent that seeks and solicits feedback from (c) REPORT.—Not later than 18 months after the date of the enactment of this sec- Tribe does not have sufficient funds not de- the local or regional community most di- rived from another Federal grant program to rectly affected by the proposal. tion, the Administrator shall submit to Con- gress a report on the comprehensive assess- pay such non-Federal share, or portion of the Page 11, after line 6, insert the following: non-Federal share, without the use of loans. (II) Tribes and Tribal organizations; ment conducted under subsection (b). (d) DEFINITIONS.—In this section, the term AMENDMENT NO. 20 OFFERED BY MS. JAYAPAL AMENDMENT NO. 13 OFFERED BY MR. HIGGINS OF ‘‘Administrator’’ means the Under Secretary OF WASHINGTON NEW YORK of Commerce for Oceans and Atmosphere in Page 55, line 25, strike ‘‘25’’ and insert Page 91, after line 14, insert the following: the Under Secretary’s capacity as Adminis- ‘‘26’’. (7) research on the impacts of harmful trator of the National Oceanic and Atmos- Page 56, line 16, strike ‘‘1 shall be a rep- algal blooms, nutrient pollution, and dead pheric Administration. resentative’’ and insert ‘‘2 shall be represent- zones on Great Lakes fisheries; AMENDMENT NO. 18 OFFERED BY MR. KILDEE OF atives’’. AMENDMENT NO. 15 OFFERED BY MS. SPEIER OF MICHIGAN AMENDMENT NO. 21 OFFERED BY MS. JAYAPAL CALIFORNIA At the end of title I, insert the following: OF WASHINGTON Page 49, line 19, insert ‘‘, such as sea walls SEC. 108. UPDATE TO ENVIRONMENTAL SENSI- Page 11, line 16, strike ‘‘and’’. and living shorelines’’ after ‘‘environment’’. TIVITY INDEX PRODUCTS OF NA- Page 11, line 20, strike the period and in- AMENDMENT NO. 16 OFFERED BY MS. BONAMICI TIONAL OCEANIC AND ATMOS- sert ‘‘; and’’ OF OREGON PHERIC ADMINISTRATION FOR (3) to incentivize landowners to engage in GREAT LAKES. Page 48, line 19, insert ‘‘coastal acidifica- living shoreline projects. (a) UPDATE REQUIRED ENVIRONMENTAL SEN- tion, hypoxia,’’ after ‘‘acidification,’’. SITIVITY INDEX PRODUCTS FOR GREAT AMENDMENT NO. 22 OFFERED BY MS. JAYAPAL AMENDMENT NO. 17 OFFERED BY MS. BONAMICI LAKES.—Not later than 180 days after the OF WASHINGTON OF OREGON date of the enactment of this Act, the Under Page 10, line 15, strike ‘‘and’’. At the end of title III, insert the following: Secretary for Oceans and Atmosphere shall Page 10, line 18, strike the period and in- SEC. 307. ADVANCED RESEARCH PROJECTS commence updating the environmental sen- sert ‘‘; and’’. AGENCY–OCEANS. sitivity index products of the National Oce- Page 10, after line 19, insert the following: (a) AGREEMENT.—Not later than 45 days anic and Atmospheric Administration for (iii) the consideration of an established eli- after the date of the enactment of this sec- each coastal area of the Great Lakes. gible entity program with systems to dis- tion, the Administrator shall seek to enter (b) PERIODIC UPDATES FOR ENVIRONMENTAL burse funding from a single grant to support into an agreement with the National Acad- SENSITIVITY INDEX PRODUCTS GENERALLY.— multiple small-scale projects.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.022 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9991 AMENDMENT NO. 24 OFFERED BY MR. LEVIN OF and moving this bill forward, I offer Lakes States, need access to the re- MICHIGAN this en bloc amendment, which is a sources in this bill. Page 49, line 1, insert ‘‘, avian,’’ after ‘‘ma- package of a number of amendments Madam Chair, I thank Chairman GRI- rine’’. offered by colleagues that all seek to JALVA for his support, including my Page 49, line 5, insert ‘‘, avian,’’ after further improve the resilience of our amendment in this en bloc, and I ask ‘‘fish’’. coastlines and of our Great Lakes. my colleagues to join me and support AMENDMENT NO. 25 OFFERED BY MR. LEVIN OF I applaud the sponsors of these this amendment and the underlying MICHIGAN amendments for their thoughtful en- bill. Page 91, after line 14, insert the following: gagement on this issue and for acting Mr. BISHOP of Utah. Madam Chair, I (7) research into the affects of per- and to ensure that families in their dis- reserve the balance of my time. polyfluoroalkyl substances, mercury, and other contaminants on fisheries and fishery tricts are safe and healthy, with pro- Mr. CASE. Madam Chair, I yield 2 ecosystems; ductive jobs and clean environments. minutes to the gentlewoman from Or- We are working to create a more sus- egon (Ms. BONAMICI), my colleague. AMENDMENT NO. 27 OFFERED BY MR. ROUDA OF CALIFORNIA tainable, healthy planet, and this pack- Ms. BONAMICI. Madam Chair, I age of bills and these amendments will thank the gentleman from Hawaii for Page 50, after line 24, insert the following: move us in the right direction. yielding. SEC. 107. PRIZE COMPETITIONS. Madam Chair, I reserve the balance Madam Chair, I rise today in support (a) IN GENERAL.—The Secretary may carry out a program to award prizes competitively of my time. of the en bloc amendment. under section 24 of the Stevenson-Wydler b 1545 The ocean covers more than 70 per- Technology Innovation Act of 1980 (15 U.S.C. cent of the planet. It supplies much of 3719), for the purpose described in subsection Mr. BISHOP of Utah. Madam Chair, I the oxygen that we breathe, it regu- (b). yield myself such time as I may con- lates our climate, it is linked to the (b) PURPOSE.—The purpose described in sume. water we drink, and it is home to more Madam Chair, I first want to thank this subsection is to stimulate innovation to than half of all life on Earth. But de- the Democrats for at least not wasting advance the following coastal risk reduction spite our intrinsic connection to our and resilience measures: our time by debating all of these ocean, we know very little about what (1) Natural features, including dunes, reefs, amendments individually. But, once and wetlands. is beneath its surface. again, within the pockets you will find As co-chair of the House Oceans Cau- (2) Nature-based features, including beach some good things and some not so good nourishment, dune restoration, wetland and cus, I have worked with my fellow co- things that are part of what is going on other coastal habitat restoration, and living chair for the caucus, Congressman DON here. shoreline construction. YOUNG from Alaska, to improve ocean For example, there will be within (3) Nonstructural measures, including flood data and monitoring efforts through that list some blanket waivers for Fed- proofing of structures, flood warning sys- the introduction of our BLUE GLOBE tems, and elevated development. eral cost-sharing requirements. It is Act. My amendment parallels those ef- not a good idea to do it. AMENDMENT NO. 28 OFFERED BY MR. ROUDA OF forts and would direct the NOAA ad- CALIFORNIA There are some stand-alone bills that ministrator to enter into an agreement Page 50, after line 24, insert the following: are in there that have no regular order consideration in this House. It is also with the National Academy of Sciences SEC. 107 CATALOG OF RESEARCH ON APPLICA- to assess the potential for, and feasi- BLE COASTAL RISK REDUCTION AND not a good process to go through. RESILIENCE MEASURES. But if we are going to throw regular bility of, an Advanced Research (a) IN GENERAL.—Not later than 1 year order out the window and address 20 Project Agency-Oceans, or ARPA-O. after the date of enactment of this Act, the amendments all at once that don’t Coastal communities, like those I Secretary of Commerce, acting through the really have that significant of a change represent in northwest Oregon, rely on Administrator, shall— accurate ocean data and monitoring for (1) identify all Department of Commerce or an impact, at least we are doing this in the most efficient and effective way information on ocean acidification, research activities regarding applicable forecasting of harmful algal blooms coastal risk reduction and resilience meas- that we possibly could. It is not nec- ures; essarily making a bill, it is not really and hypoxia, tsunami preparedness, (2) consult with the heads of other Federal going anywhere better, but at least we navigation, and port security. And agencies to identify what activities, if any, are getting stuff done so we can say we after the stark findings in the latest those Federal agencies are conducting re- have the illusion of activity on the Intergovernmental Panel on Climate garding applicable coastal risk reduction and floor. Change Special Report on ‘‘The Ocean resilience measures; Madam Chair, I urge rejection of the and Cryosphere in a Changing Cli- (3) evaluate the effectiveness of the activi- en bloc, and I reserve the balance of my mate,’’ we know that ocean data and ties identified under paragraphs (1) and (2); monitoring are more important than and time. (4) appoint one or more officers or employ- Mr. CASE. Madam Chair, I yield 1 ever in adapting to the climate crisis. ees of the National Oceanic and Atmospheric minute to the gentleman from Illinois My other amendment would add and Administration to liaise with non-Federal (Mr. LIPINSKI), my colleague. expand a new grant program estab- entities conducting research related to appli- Mr. LIPINSKI. Madam Chair, I thank lished in the underlying bill to cable coastal risk reduction and resilience the gentleman from Hawaii for yield- strengthen research opportunities on measures in order to eliminate redundancies, ing and for his work on this bill. coastal acidification and hypoxia. The cooperate for common climate research Madam Chair, I rise in support of my basic chemistry of our oceans is chang- goals, and to make research findings readily amendment to ensure that Great Lakes ing at an unprecedented rate, and addi- available to the public. tional research efforts like those estab- (b) DEFINITION OF APPLICABLE COASTAL States have access to the resources in RISK REDUCTION AND RESILIENCE MEAS- this bill, so they can address climate lished in this bill will help commu- URES.—In this section, the term ‘‘applicable change threats specific to our region. nities respond. coastal risk reduction and resilience meas- Increased rain has already led to I thank Chairman GRIJALVA and Mr. ures’’ means natural features, nature-based more agricultural runoff into the Great CRIST for their support of these amend- features, or nonstructural measures. Lakes, resulting in higher bacterial ments and for their leadership. The CHAIR. Pursuant to House Reso- counts and larger algal blooms. This Madam Chair, I urge my colleagues lution 748, the gentleman from Hawaii has put our drinking water supplies at to support the en bloc amendment. (Mr. CASE) and the gentleman from risk. Lake Michigan alone provides Mr. BISHOP of Utah. Madam Chair, I Utah (Mr. BISHOP) each will control 10 drinking water for 10 million people. continue to reserve the balance of my minutes. Climate change increasingly threat- time. The Chair recognizes the gentleman ens Great Lakes wildlife, including Mr. CASE. Madam Chair, again, from Hawaii. fisheries important to our economy, by these en bloc amendments are critical Mr. CASE. Madam Chair, I yield my- changing temperatures, precipitation additions and positive additions to a self such time as I may consume. patterns, and ice cover. critical bill. These amendments ad- Madam Chair, again, in the interests These are some of the reasons that dress major issues related to the harm- of an incredibly good bipartisan bill America’s ‘‘third coast,’’ our Great ful impacts of climate change and

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.022 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9992 CONGRESSIONAL RECORD — HOUSE December 10, 2019 other man-made effects on our oceans, The impacts of climate change and environ- Page 92, after line 7, insert the following: our coastlines, and our lakes. mental degradation affect us all. But the fact Subtitle C—Chesapeake Bay Oyster Research For example, they single out the de- is climate change has a disparate impact on SEC. 218. SENSE OF CONGRESS. struction that is being wrought, as we low-income and minority communities. Indeed, It is the sense of Congress that the Chesa- speak, on our coral reefs throughout these communities are also disproportionately peake Bay Office of the National Oceanic and our entire country, our coral reefs impacted by other environmental hazards. It is Atmospheric Administration shall be the pri- throughout the Gulf Coast, throughout mary representative of the Administration also worth mentioning that these communities, in the Chesapeake Bay. Florida, and throughout the West which suffer resource deficits, cannot simply SEC. 219. GRANTS FOR RESEARCHING OYSTERS Coast, in Hawaii and beyond: the acidi- relocate out of flood zones or pay for expen- IN THE CHESAPEAKE BAY. fication that has led to bleaching of sive mitigation efforts. (a) ESTABLISHMENT.—The Secretary of the these coral reefs. And as we all know, Similarly, my Native brothers and sisters Commerce, acting through the Adminis- or at least I hope we all know, as go have unique cultures that are highly vulnerable trator of the National Oceanic and Atmos- the coral reefs, so go our oceans. pheric Administration, shall establish a to climate change impacts which threatens grant program (in this section referred to as These amendments would strengthen their ways of life, subsistence, lands and water Federal programs that address the the ‘‘Program’’) under which the Secretary rights, and survival. For example, the Great shall award grants to eligible entities for the health of our coral reefs. These amend- Lakes have been an integral part of the history purpose of conducting research on the con- ments go to harmful algal blooms, of many of the region’s tribes. servation, restoration, or management of which are a problem throughout our However, too often, the most vulnerable oysters in the Chesapeake Bay. country, as well. communities are left out when it comes to the (b) APPLICATION.—To be eligible to receive What can we and should we do about a grant under this section, an eligible entity great ideas and projects like those we are au- shall submit to the Secretary an application it as a Federal coordinated effort? Of thorizing in this bill. Tribal communities and course, we should do something about at such time, in such manner, and con- low-income communities have a great stake in taining such information as the Secretary that. this debate. My amendment makes sure that may require. These amendments would strengthen they are included and active participants in the (c) ALLOCATION OF GRANT FUNDS.— this bill. These amendments would for- efforts authorized by this bill. My amendments (1) IN GENERAL.—The Secretary shall award ward a Federal-State partnership, a a grant under the Program to eligible enti- would amend two of the grant programs in the community partnership, to address an- ties that submit an application under sub- bill to make clear that you must consult with, other harmful consequence which is section (b). reach out, and meaningfully engage with tribal killing our oceans. (2) MATCHING REQUIREMENT.— These amendments would address and low-income communities located where (A) IN GENERAL.—Except as provided in subparagraph (B), the total amount of Fed- coastal resiliency. How do we prevent these projects are planned. My amendments affect two programs cre- eral funding received under the Program by our coastlines from eroding? In my own an eligible entity may not exceed 85 percent home State of Hawaii, we have seen ated in this bill: the Living Shorelines Grant Program and the Climate Change Adaption of the total cost of the research project for significant erosion. And that is true of which the funding was awarded. For the pur- all of the other coasts: significant in- Preparedness and Response Program. poses of this subparagraph, the non-Federal The Living Shorelines Grant program is in- creases in sea level over a very, very share of project costs may be provided by in- tended to fund the design, implementation, recent period of time that has caused kind contributions and other noncash sup- and monitoring of climate resilient living shore- major erosion. port. How can we adopt better overall pro- line projects intended to protect coastal com- (B) WAIVER.—The Secretary may waive all or part of the requirement in subparagraph grams that adapt to a changing ocean munities and ecosystem functions from envi- ronmental conditions, particularly those im- (A) if the Secretary determines that no rea- and do not worsen the problem of sonable means are available through which coastal erosion? How do we do that? pacted by climate change. The Climate Program is intended to help de- an eligible entity applying for a grant under These amendments get at these this section can meet such requirement and issues. These are good, solid, and posi- velop and fund comprehensive adaptation the probable benefit of such research project tive additions that our colleagues have plans to help states better understand the outweighs the public interest in such re- come up with to strengthen a good, scope of the threat of climate change, identify quirement. solid, and positive bipartisan bill. state-wide costs, and develop local strategies (d) DEFINITIONS.—In this section, the fol- Madam Chair, I support these amend- to ensure safety for their residents. lowing definitions apply: (1) ACADEMIC COMMUNITY.—The term ‘‘aca- ments, and I yield back the balance of We get better policy making and outcomes when we ensure that all segments of our com- demic community’’ means faculty, research- my time. ers, professors, and representatives of State- Mr. BISHOP of Utah. Madam Chair, I munities are engaged and meaningfully in- accredited colleges and universities. appreciate especially the ability of put- volved in the process. (2) ELIGIBLE ENTITY.—The term ‘‘eligible ting all these amendments into en bloc I thank the chairman for his support of these entity’’ means a member of the academic to help move this process along. I am commonsense amendments. community, the seafood industry, a relevant just looking at some of the issues that The Acting CHAIR (Mr. HECK). The nonprofit organization, or a relevant State have been brought up already, and I am question is on the amendments en bloc agency, that is proposing or conducting a re- offered by the gentleman from Hawaii search project on the conservation, restora- looking at the list of the Federal tion, or management of oysters in the Chesa- grants and the agencies that are al- (Mr. CASE). The question was taken; and the Act- peake Bay developed through consultation ready spending their money on these with a member of the academic community, approaches. ing Chair announced that the ayes ap- a member of the seafood industry, a relevant If the issue is, obviously, you want peared to have it. nonprofit organization, or a relevant State more money spent on those programs, Mr. GOSAR. Mr. Chairman, I demand agency. that is not an authorization that we a recorded vote. (3) NONPROFIT ORGANIZATION.—The term are doing here. That is an appropria- The Acting CHAIR. Pursuant to ‘‘nonprofit organization’’ means an organiza- tions issue. Go to the Appropriations clause 6 of rule XVIII, further pro- tion described in section 501(c)(3) of the In- ceedings on the amendments en bloc ternal Revenue Code of 1986 and exempt from Committee and talk about how that tax under section 501(a) of such Code. fits into the overall budget. offered by the gentleman from Hawaii will be postponed. (4) SEAFOOD INDUSTRY.—The term ‘‘seafood This does not necessarily move us industry’’ means shellfish growers, shellfish forward, but at least we are not spend- AMENDMENT NO. 4 OFFERED BY MR. BROWN OF harvesters, commercial fishermen, and rec- ing as much time as we would if we ad- MARYLAND reational fishermen. dressed each of these individually. The Acting CHAIR. It is now in order (5) SECRETARY.—The term ‘‘Secretary’’ Mr. Chair, I urge a ‘‘no’’ vote, and I to consider amendment No. 4 printed in means the Secretary of the Commerce, act- yield back the balance of my time. House Report 116–330. ing through the Administrator of the Na- Ms. MOORE. Mr. Chair, I rise in support of Mr. BROWN of Maryland. Mr. Chair- tional Oceanic and Atmospheric Administra- my amendments which are included in en bloc man, I have an amendment at the desk. tion. (e) AUTHORIZATION OF APPROPRIATIONS.— No. 1. The Acting CHAIR. The Clerk will There is authorized to be appropriated to the My amendments are simply. I will sum them designate the amendment. Secretary $2,000,000 for each of the fiscal up in six words: Community Engagement, The text of the amendment is as fol- years 2020 through 2025 to carry out this sec- Education, Outreach, and Consultation. lows: tion.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.052 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9993 The Acting CHAIR. Pursuant to job, and defends his State brilliantly. I Mr. HUIZENGA. Mr. Chair, I have an House Resolution 748, the gentleman appreciate him doing that. amendment at the desk. from Maryland (Mr. BROWN) and a But, once again, the process we are The Acting CHAIR. The Clerk will Member opposed each will control 5 doing is adding another new taxpayer designate the amendment. minutes. program that already has existing pro- The text of the amendment is as fol- The Chair recognizes the gentleman grams in effect, and is actually a lows: from Maryland. stand-alone bill that has not received a Page 16, after line 2, insert the following: hearing, a markup, or a CBO score, and (h) MINIMUM REQUIRED FUNDS FOR SHORE- Mr. BROWN of Maryland. Mr. Chair- LINE PROJECTS LOCATED WITHIN THE GREAT adding that to this, because this is, man, I yield myself such time as I may LAKES.—The Secretary shall make not less consume. once again, the only train in town and than 10 percent of the funds awarded under Mr. Chairman, I want to first recog- we are not taking time to do these this section to projects located in the Great nize the hard work of Chairman GRI- things individually as we ought to. Lakes. JALVA and the sponsors of the under- But when it comes to oyster re- The Acting CHAIR. Pursuant to lying pieces of legislation. This pack- search, which is extremely important, I House Resolution 748, the gentleman age reflects a bipartisan collaboration recognize fully, as you see by the chart from Michigan (Mr. HUIZENGA) and a between Members dedicated to con- the total numbers in each of these Member opposed each will control 5 serving our natural resources. years, starting in fiscal year 2014, are minutes. In the face of changing climate, ex- how much had been given to this par- The Chair recognizes the gentleman treme weather patterns and events, ris- ticular program. from Michigan. In 2018, it was $617 million in funds ing tides, disappearing species, and Mr. HUIZENGA. Mr. Chair, while I from all of the different government habitat destruction, it is critical we stand here today as I offer my amend- agencies that actually participate. act now to preserve and protect our ment, residents across the Great Lakes That includes Agriculture, Commerce, coastlines, and the communities and are facing imminent threats to their Defense, Homeland Security, Interior, property, their infrastructure, and the local economies that depend on the and EPA for watershed restoration. continued health of our water re- shorelines themselves due to histori- NOAA does have a Chesapeake Bay cally high water levels. sources. office. They provide research. They This includes the Chesapeake Bay, Great Lakes communities, including provide grants to both Maryland and many in my own district along the the largest estuary in the country, in Virginia. Last year, they also provided my State of Maryland. The bay is criti- shores of Lake Michigan, are in critical a grant to the Chesapeake Bay Founda- need of shoreline projects to protect cally important as an economic engine tion to add these programs in there. that attracts millions of tourists and against devastating erosion. What we are trying to say here is, it For those of us who call the region supports thousands of jobs. is already being done. home, the Great Lakes forever shape For decades, oyster harvesting was Now, if this is a problem of not one of the bay’s most important indus- our way of life. It is where we recreate. enough money going into there, as It is where we do business. It is where tries. Yet today, we are seeing an some of the other speakers have said, we pass along the heritage of our re- alarming decline in the bay’s oyster well, that is not an issue of authoriza- gion. population, a decline caused by climate tion. The authorization authority ex- The Great Lakes form the largest change, years of overharvesting, ocean ists. That is a question of how much we fresh surface water system on the acidification, nutrient reduction, are actually appropriating, which is an Earth, holding nearly 20 percent of the denitrification, habitat destruction, entirely different issue, which you world’s freshwater supply. and oyster-debilitating disease. How- should go to the Appropriations Com- They directly generate more than 1.5 ever, there is still much we don’t know mittee to see if you actually want that million jobs, provide the backbone of a as to why the depletion is occurring number higher. $5 trillion regional economy, and are and how best to conserve oysters. But, actually, the Federal Govern- the home for more than 3,500 different Mr. Chairman, my amendment ment does do this, and they are in- plants and species. strengthens the underlying bill by pro- creasing with it. There is not a prob- As I often say, we can and should pro- viding research grants to those work- lem that needs authorization. If you tect and promote both the economy ing to reverse the depletion and decline need more money, that is an appropria- and the ecology of the Great Lakes. of oysters in the Chesapeake Bay. tions issue. This, unfortunately, is not However, our communities are facing These grants support collaborative about appropriations. This is about au- devastating consequences if we don’t partnerships to research the long-term thorization. act to protect our shorelines now. The conservation, restoration, and manage- So I appreciate the gentleman from high water levels, combined with the ment of oysters in the Chesapeake Bay. Maryland. I appreciate his interest. I effect of recent storms that brought This program will encourage collabo- appreciate this issue. But it is already even higher waves and strong winds, rations between the academic commu- being done by other agencies. There is are threatening our communities. nity, the seafood industry, nonprofit no need for another entity to enter Public infrastructure, including organizations, and State agencies to into this particular market. roads, bridges, and docks, have been develop new innovative solutions. Mr. Chairman, I urge Members to battered and, in some cases, actually These grants will help us better un- vote ‘‘no,’’ and I yield back the balance lost. Recreational beaches have dis- derstand why oyster hatcheries are of my time. appeared, and others are covered with crashing and to develop best practices The Acting CHAIR. The question is dangerous debris now. Habitats have in mitigating habitat destruction. on the amendment offered by the gen- been destroyed. Numerous homes are tleman from Maryland (Mr. BROWN). My amendment will provide us more teetering on the edge of dune cliffs or The question was taken; and the Act- tools to strengthen the oyster popu- ing Chair announced that the ayes ap- are threatened by the rising water lation and the health of the Chesa- peared to have it. level. peake Bay. Mr. GOSAR. Mr. Chairman, I demand This amendment, which would set Mr. Chairman, I encourage my col- a recorded vote. aside just 10 percent of the spending in leagues to support this amendment and The Acting CHAIR. Pursuant to these particular projects, would ensure the underlying bill, and I yield back clause 6 of rule XVIII, further pro- that communities within the Great the balance of my time. ceedings on the amendment offered by Lakes system receive necessary fund- Mr. BISHOP of Utah. Mr. Chairman, the gentleman from Maryland will be ing through the living shoreline grant I rise in opposition to the amendment. postponed. program to protect and preserve our The Acting CHAIR. The gentleman shorelines. from Utah is recognized for 5 minutes. b 1600 It is imperative that resources are Mr. BISHOP of Utah. Mr. Chairman, AMENDMENT NO. 6 OFFERED BY MR. HUIZENGA provided through all available options I actually don’t have great pleasure in The Acting CHAIR. It is now in order to enhance the shorelines of the Great doing that because Mr. BROWN is a vital to consider amendment No. 6 printed in Lakes and to protect our homes and member of our committee, does a great House Report 116–330. our communities.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.055 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9994 CONGRESSIONAL RECORD — HOUSE December 10, 2019 I understand the ranking member’s Mr. Chair, I appreciate that support, Mr. CASE. Mr. Chairman, I very position on this particular package of and I yield back the balance of my much appreciate my colleague’s efforts bills and Senate activity, or maybe time. on this particular amendment, which, lack thereof on this. Yet, I do have a The Acting CHAIR. The question is as he points out, is a truly bipartisan responsibility to not only highlight on the amendment offered by the gen- amendment joined in by Members from this issue but to advocate for those tleman from Michigan (Mr. HUIZENGA). the New York delegation on a bipar- who are in desperate need and in des- The amendment was agreed to. tisan basis. I think this illustrates a perate situations. AMENDMENT NO. 8 OFFERED BY MR. KATKO couple of different things. That is one of the reasons I will be The Acting CHAIR. It is now in order First of all, this bill and these supporting this package. I ask for con- to consider amendment No. 8 printed in amendments need not be partisan. In sideration of my colleagues to help House Report 116–330. fact, they offer one of the best avenues adopt this amendment. Mr. KATKO. Mr. Chairman, I have an forward for true bipartisanship as we Whether it is going together as a amendment at the desk. confront the crisis of climate change. package or whether it gets dealt with The Acting CHAIR. The Clerk will Second, they illustrate that when we separately in the Senate, I know that designate the amendment. talk about our marine resources and this is something that we need to look The text of the amendment is as fol- climate change, and in this bill, we at as a legislative body, and we need to lows: focus on our oceans and tend to think act now. Page 91, after line 14, insert the following: that our coastal States are those that (7) harmful algal bloom development re- are affected. Clearly, it is not only our Mr. Chair, I reserve the balance of search; my time. coastal States that are affected. The Acting CHAIR. Pursuant to Mr. CASE. Mr. Chair, I ask unani- Many States throughout our country House Resolution 748, the gentleman mous consent to claim the time in op- are directly affected by the impacts of from New York (Mr. KATKO) and a position, although I am not opposed to climate change, including New York Member opposed each will control 5 the amendment. State, in conjunction with the Great The Acting CHAIR. Is there objection minutes. Lakes. So this is an amendment that The Chair recognizes the gentleman to the request of the gentleman from we can support. Every year, we seem to from New York. hear about another toxic algal bloom Hawaii? Mr. KATKO. Mr. Chairman, I yield There was no objection. in the Great Lakes closing beaches or myself such time as I may consume. The Acting CHAIR. The gentleman I rise in support of my amendment to fisheries. It is important that the fishery re- from Hawaii is recognized for 5 min- H.R. 729, which I am proud to offer with search reauthorization in this bill in- utes. my colleagues from New York, Rep- Mr. CASE. Mr. Chair, for our major- clude researching the impacts of harm- resentatives MORELLE, BRINDISI, and ity colleagues, I deeply appreciate my ful algal blooms because there is a lot STEFANIK. colleague’s comments in support of his This amendment would explicitly au- that is unknown about the causes of amendment and his appreciation and thorize the U.S. Geological Survey to these toxic blooms and the long-term understanding of the communities that conduct research on harmful algal effects in fish populations. When we speak of fish populations in he represents, in terms of the impacts bloom, or HAB, development within the Great Lakes, we speak not only of of climate change and other man-made the Great Lakes Basin system. This re- the benefits of the fish populations causes not only on our oceans, because search would help to address signifi- through our natural ecosystems in the we tend to focus on our oceans, but on cant risks that algal blooms pose to Great Lakes and not only of rec- our lakes, to include our Great Lakes. freshwater ecosystems, including the reational fisheries, but we speak in the The Great Lakes are currently expe- production of toxins that endanger hu- range of some 75,000 jobs that can be di- riencing nearly record high water lev- mans and animal life. els, causing widespread erosion of These hazards are all too familiar to rectly attributed to the health of our beaches and property and costing peo- the community that I represent in cen- fisheries in our Great Lakes. So I am ple their lives. In fact, there have been tral New York, which has faced a rising pleased to urge adoption of this amend- over 50 percent more deaths in the number of outbreaks in recent years. ment, and I yield back the balance of Great Lakes in 2019 because of these In these instances, outbreaks have my time. Mr. KATKO. Mr. Chairman, I thank dangerous conditions compared to 2018. jeopardized the availability of clean my colleague from Hawaii. I urge adop- These high lake levels are forecast to drinking water for my constituents and tion of my amendment, and I yield continue for 2020 and, in all likelihood, directly impacted the health of our beyond. Just this month, 12 Michigan back the balance of my time. lakefront communities. The Acting CHAIR. The question is State lawmakers asked Governor Unfortunately, this issue extends be- on the amendment offered by the gen- Whitmer to declare a state of emer- yond my district and even further be- gency for the Lake Michigan shoreline tleman from New York (Mr. KATKO). yond the Great Lakes. These algal The amendment was agreed to. because of water levels. blooms have been recorded in all 50 AMENDMENT NO. 9 OFFERED BY MR. KATKO Resilient, living shorelines are one of States, necessitating increased Federal The Acting CHAIR. It is now in order the best options for the Great Lakes support for research and mitigation ef- to consider amendment No. 9 printed in communities dealing with the impacts forts nationwide. of high lake levels, as they are for Research conducted in the Great House Report 116–330. Mr. KATKO. Mr. Chairman, I have an other communities in the body of this Lakes under this amendment would bill. amendment at the desk. help to stem the increasing spread of The Acting CHAIR. The Clerk will Our majority does support my col- this toxic threat and provide peace of league’s amendment to be sure that designate the amendment. mind to at-risk communities. The text of the amendment is as fol- this money does find its way to where Mr. Chair, I urge support of my it is most needed. I support this lows: amendment, and I reserve the balance Page 49, after line 24, insert the following: amendment, and I yield back the bal- of my time. (G) Projects to assess the impact on coast- ance of my time. Mr. CASE. Mr. Chair, I ask unani- al resiliency of water level regulating prac- Mr. HUIZENGA. Mr. Chairman, I ap- mous consent to claim the time in op- tices on the Great Lakes. preciate the chairman from Hawaii and position, although I am not opposed to The Acting CHAIR. Pursuant to his acknowledgment of what is going the amendment. House Resolution 748, the gentleman on in the Great Lakes. The Acting CHAIR. Is there objection from New York (Mr. KATKO) and a In fact, it was my own State rep- to the request of the gentleman from Member opposed each will control 5 resentative who led that letter of State Hawaii? minutes. legislators requesting Governor There was no objection. The Chair recognizes the gentleman Whitmer to declare this emergency The Acting CHAIR. The gentleman from New York. declaration so that the Federal Gov- from Hawaii is recognized for 5 min- Mr. KATKO. Mr. Chairman, I yield ernment can look at that. utes. myself such time as I may consume.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.058 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9995 Mr. Chairman, I rise in support of my ulating practices and electricity, en- Planning Council, businesses in the 12 amendment to H.R. 729, the Coastal ergy, sports and fishing, and many most impacted counties lost over $130 and Great Lakes Communities En- other concerns, but they can have un- million in 4 short months, and at least hancement Act. This amendment intended environmental consequences. 300 hardworking Floridians lost their would extend the eligibility for grant I would simply caution that as we go jobs as a direct result of these out- funding under H.R. 729 to projects that forward with the implementation of breaks. assess the impact of Great Lakes water this amendment, I hope that we pay This is not just a seasonal nuisance. level management practices on coastal very close attention to the sound These outbreaks are a threat to Flor- resiliency. science behind water level regulating ida’s environment and to our very way My constituents on Lake Ontario’s practices. of life. As our State still struggles to southern shore have faced record high Mr. Chair, I yield back the balance of recover from last year’s disaster, an- and oftentimes catastrophic water lev- my time. other red tide outbreak is happening els in 2 of the last 3 years. These rising Mr. KATKO. Mr. Chairman, I urge right now. levels have resulted in catastrophic adoption of my amendment, but I will The reality is that these outbreaks flood damage and coastal erosion, note that my colleague from Hawaii is will only get worse as our climate threatening the physical well-being of right in that this needs to be properly changes and our oceans warm. It is im- our communities and posing an exis- administered if it is, in fact, made into perative that any program to help pre- tential threat to the local economy. law. pare our communities for the impacts As water levels continue to rise One of the problems we have in the of climate change also includes initia- across the Great Lakes, it is important Great Lakes in general is the high tives to address harmful algae blooms that we thoroughly evaluate all the water levels. What we have on Lake such as red tides. factors that contribute to the health of Ontario is something called the Inter- Mr. Chairman, I would like to thank our coastal communities, including the national Joint Commission, which I the bipartisan sponsors of my amend- water level management procedures would argue is not properly admin- ment: the gentleman from Florida (Mr. that are supposed to mitigate those istering the water levels and is contrib- ROONEY); the gentlewoman from Or- threats to our coasts. uting greatly to the problem. egon, Chairwoman BONAMICI; the gen- My amendment will provide nec- This amendment is meant, in part, to tlewoman from Ohio, Chairwoman KAP- essary support to projects that include address that and to have more uni- TUR; and the gentleman from Florida a thorough evaluation of these proce- formity with respect to the application (Mr. HASTINGS). I would also like to dures as a part of the broader effort to of water levels and considering more thank the Rules Committee for making improve coastal resiliency across the the impact on the coastal shorelines my amendment in order. Great Lakes. from those regulations. Mr. Chairman, I urge my colleagues I urge support of my amendment, and I yield back the balance of my time. to support this critical amendment as I reserve the balance of my time. The Acting CHAIR. The question is well as the underlying bill, and I yield Mr. CASE. Mr. Chairman, I ask unan- on the amendment offered by the gen- back the balance of my time. imous consent to claim the time in op- tleman from New York (Mr. KATKO). Mr. BISHOP of Utah. Mr. Chairman, position, although I am not opposed to The amendment was agreed to. I claim the time in opposition to the the amendment. AMENDMENT NO. 12 OFFERED BY MR. CRIST amendment. The Acting CHAIR. Is there objection The Acting CHAIR. It is now in order The Acting CHAIR. The gentleman is to the request of the gentleman from to consider amendment No. 12 printed recognized for 5 minutes. Hawaii? in House Report 116–330. Mr. BISHOP of Utah. Mr. Chairman, There was no objection. Mr. CRIST. Mr. Chairman, I have an this is, once again, where we have the The Acting CHAIR. The gentleman amendment at the desk. same situation that the issue and the from Hawaii is recognized for 5 min- The Acting CHAIR. The Clerk will problem of which the gentleman from utes. designate the amendment. Florida speaks is real and it is there. Mr. CASE. Mr. Chairman, again, this The text of the amendment is as fol- The concept is it is already also being is a very positive, bipartisan amend- lows: addressed. These are the kinds of pro- ment by the Members from New York Page 48, lines 19-20, insert ‘‘harmful algal grams that already exist to do exactly and indicates that we can, in fact, pro- blooms,’’ after ‘‘ocean acidification,’’. what the gentleman wishes to do. ceed in a bipartisan way on these crit- The Acting CHAIR. Pursuant to Nonetheless, this amendment would ical issues. House Resolution 748, the gentleman authorize a duplicative program that As already noted earlier in my re- from Florida (Mr. CRIST) and a Member would cost $114 million if it were actu- marks, the Great Lakes have experi- opposed each will control 5 minutes. ally implemented. But just because we enced record or near-record high levels The Chair recognizes the gentleman pass the amendment doesn’t mean the of water this year and are projected to from Florida. money is there to implement the pro- continue to have high levels next year Mr. CRIST. Mr. Chair, my amend- gram. and well beyond. ment today is simple. It clarifies that So much of the opposition and so Many coastal communities and prop- projects to address harmful algal many of the complaints that we have erty owners in the Great Lakes are suf- blooms are eligible for priority funding been hearing are that there is not fering from accelerated land loss and under the climate change adaptation, enough money appropriated to do it. erosion. This amendment rightfully en- preparedness, and response program The $114 million doesn’t exist until sures that water level regulating prac- created by the underlying bill. there is an appropriation to actually go tices can be a part of coastal resilience about that concept. planning. b 1615 Here is where the problem lies for all I only regret that when it comes to Last year, the State of Florida was of these amendments that we are going our world’s oceans, we don’t have the ravaged by simultaneous outbreaks of to be hearing for this entire process. luxury of regulating sea levels in ac- red tide and blue-green algae. Florid- The bill is the Harmful Algal Bloom cordance with water level regulating ians across the State were forced to en- and Hypoxia Research and Control Act, practices. dure threats to their health. Dead fish, passed in 1998, which already provides We support this amendment and the dolphins, and Florida’s iconic manatees the legal authority and the funding intent of this amendment, but I must washed up on our beaches in droves, level—not necessarily the appropria- indicate a caution for the RECORD, and and an awful and inescapable stench tion but the legal, authorized funding that is that if this amendment leads to drifted inland for miles. level—for algae bloom prevention and the uncontrolled, indiscriminate con- In Florida, our waterways and nat- control. struction of dams throughout our ural resources are our livelihoods, but In addition—in addition to these ac- country, we need to be careful because these harmful algae blooms threaten tivities—and they are being conducted dams are double-edged swords. They that. According to a damage assess- by NOAA, USGS, NASA, the Army can be a tremendous boon to water reg- ment from the Tampa Bay Regional Corps of Engineers, and EPA—it is the

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.062 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9996 CONGRESSIONAL RECORD — HOUSE December 10, 2019 concept we have been saying all along, suing cutting-edge research focused on Living shorelines are essential for this entire concept of this package that coastal resilience. At the same time, protecting our coastlines from rising we are bringing in here is stuff that is there are Federal agencies like NOAA sea levels and stronger wave action trying to highlight another issue and that are doing innovative work on this from intensifying storms. another problem which may be, in this very same topic. My district in south Florida benefits case, a legitimate issue and problem, My amendment will ensure that greatly from many elements of living but fails to realize it is already cov- there is communication, coordination, shorelines. Mangroves absorb the ered. and collaboration between academic power of strong waves, protect our Mr. Chairman, you don’t need a du- scholars and the policymakers when it coasts from erosion, and store carbon. plicative program to do what we are al- comes to digital data focused on coast- Our beautiful Everglades provide tre- ready doing. If you want more money al management issues. This will not mendous flood protection, clean our for it, that is another issue, and that only improve the relevance and appli- water, and provide habitats for so doesn’t take place in these authoriza- cability of our Nation’s efforts to pro- many types of wildlife. tions. That takes place in appropria- tect coastal communities, but it will Another crucial tool in our natural tions. But we are already doing it. help our Nation gather the evidence it toolbox is coral reefs, and we must en- Mr. Chairman, I yield back the bal- needs and continue being the leader it sure that projects to protect and re- ance of my time. needs to be when it comes to mitiga- store our reefs are eligible for grants. The Acting CHAIR. The question is tion and adaptation in dealing with cli- My district is home to the third larg- on the amendment offered by the gen- mate change. est barrier reef in the world and the tleman from Florida (Mr. CRIST). Mr. Chairman, I yield back the bal- only barrier reef in the continental The question was taken; and the Act- ance of my time. United States. Healthy corals dissipate ing Chair announced that the ayes ap- Mr. BISHOP of Utah. Mr. Chairman, the force of waves and protect coast- peared to have it. I claim the time in opposition, al- lines from damage and erosion. In fact, Mr. GOSAR. Mr. Chairman, I demand though, in all fairness, I am not op- according to NOAA, healthy coral reefs a recorded vote. posed to the amendment. absorb 97 percent of a wave’s energy, The Acting CHAIR. Pursuant to The Acting CHAIR. Without objec- providing significant shoreline protec- clause 6 of rule XVIII, further pro- tion, the gentleman is recognized for 5 tion. ceedings on the amendment offered by minutes. Unlike concrete and stone seawalls the gentleman from Florida will be There was no objection. and breakwaters, coral reefs have a tre- postponed. Mr. BISHOP of Utah. Mr. Chairman, mendous amount of biodiversity that is unparalleled under the surface. They AMENDMENT NUMBER 14 OFFERED BY MR. this adds a finding to it. It doesn’t have PANETTA any cost. This is not a duplicative pro- are the rain forest of the ocean. They The Acting CHAIR. It is now in order gram because it is a finding, so I sup- are essential for our tourism industry to consider amendment No. 14 printed port this amendment. and for our fishing industry, both rec- House Report 116–330. Mr. Chairman, I yield back the bal- reational and commercial. Mr. PANETTA. Mr. Chair, I have an ance of my time. Our coral reefs are suffering right amendment at the desk. The Acting CHAIR. The question is now under the stressors of today’s en- The Acting CHAIR. The Clerk will on the amendment offered by the gen- vironment and human activity. We designate the amendment. tleman from California (Mr. PANETTA). need to take steps wherever we can to The text of the amendment is as fol- The question was taken; and the Act- protect and restore our reefs. lows: ing Chair announced that the ayes ap- Mr. Chairman, I urge the support of Page 92, after line 23, insert the following: peared to have it. my amendment, and I reserve the bal- (3) Collaborations and partnerships be- Mr. BUDD. Mr. Chairman, I demand a ance of my time. tween institutions of higher education and recorded vote. Mr. BISHOP of Utah. Mr. Chairman, Federal agencies help ensure digital data fo- The Acting CHAIR. Pursuant to again, I claim the time in opposition. cused on coastal management issues are clause 6 of rule XVIII, further pro- The Acting CHAIR. The gentleman is communicated effectively between such enti- recognized for 5 minutes. ties. ceedings on the amendment offered by the gentleman from California will be Mr. BISHOP of Utah. Mr. Chairman, The Acting CHAIR. Pursuant to postponed. we, once again, are in the same situa- House Resolution 748, the gentleman tion. This is not a bad idea, and it is AMENDMENT NO. 23 OFFERED BY MS. MUCARSEL- from California (Mr. PANETTA) and a POWELL not a bad concept. In fact, it is such a Member opposed each will control 5 The Acting CHAIR. It is now in order good concept, we are already doing it. minutes. to consider amendment No. 23 printed So, if I quote NOAA in their testi- The Chair recognizes the gentleman in House Report 116–330. mony in our committee, the agency from California. Ms. MUCARSEL-POWELL. Mr. currently provides financial and tech- Mr. PANETTA. Mr. Chairman, I rise Chairman, I have an amendment at the nical assistance to coastal commu- to offer an amendment to H.R. 729, the desk. nities for the use of living shorelines Coastal and Great Lakes Communities The Acting CHAIR. The Clerk will through existing programs. The pro- Enhancement Act. designate the amendment. gram already has $300 million that is As we have heard today, this bill The text of the amendment is as fol- going in there, and it is going through helps communities like mine on the lows: those areas, including the Interior, central coast of California prepare for Page 17, line 6, insert ‘‘corals,’’ after ‘‘sub- NOAA, Fish and Wildlife, EPA, Science and respond to climate change, and it merged aquatic plants,’’. Foundation, United States Fish and does this with scientific data to ad- Page 17, line 18, insert ‘‘corals,’’ after ‘‘sub- Wildlife Service, and the Department dress coastal and ocean management. merged aquatic vegetation,’’ of Agriculture. More importantly, this bill estab- The Acting CHAIR. Pursuant to All of those are providing funds for lishes the National Oceanic and Atmos- House Resolution 748, the gentlewoman this very thing, which means it is hap- pheric Administration’s Digital Coast from Florida (Ms. MUCARSEL-POWELL) pening. You don’t need to add this lan- program, a web-based collection of and a Member opposed each will con- guage to have it happen, Mr. Chairman, tools, training resources, and data that trol 5 minutes. because it already is happening. informs coastal managers on their cli- The Chair recognizes the gentle- By adding the language, I guess, well, mate-related decisions. woman from Florida. you get to add another line in the code, Now, my amendment will expand Ms. MUCARSEL-POWELL. Mr. and you can say you passed something. that data set, and it will do that by en- Chairman, I rise in support of my But the bottom line is it still is an un- couraging collaborations and partner- amendment, which would ensure that necessary amendment to an unneces- ships between higher educational insti- corals are included in projects eligible sary bill because the authority and the tutions and Federal agencies. for grants provided for by section 102 of authorization is already there. Now, in my district, there are coastal the underlying bill, the Living Shore- The only thing that might not be colleges and universities that are pur- lines grant program. there is, once again, you don’t think it

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.065 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9997 is spending enough money, in which are or will be at risk of recurrent flood- Everything she said in her remarks case that is an appropriations issue, ing. The report found that greater could easily have applied to many, not an authorization issue. Hampton Roads is one of the areas many of our military installations Mr. Chairman, I yield back the bal- ‘‘most vulnerable to flooding’’ in the across the country. ance of my time. entire United States. Of course, Hampton Roads is critical Ms. MUCARSEL-POWELL. Mr. Hampton Roads is home to the larg- to our Nation’s defense, and so is Joint Chairman, I appreciate the concern of est Navy base in the world and instal- Base Pearl Harbor, the home of our Air my fellow colleague from the other lations from every branch of the serv- Force and our Navy in the Indo-Pacific, side, but you know the technicalities ice. When it floods in coastal Virginia, as is Marine Corps Base Kaneohe, the that we have to deal with when dealing it is both a local nuisance as well as a home of our marines in the Indo-Pa- with bureaucratic agencies and govern- threat to our national security. cific. ments. So we just need to make sure Coastal Virginians are stepping up to My colleague, as a member of the that we do not exclude such a crucial meet this challenge. The cities of Nor- Committee on Armed Services, knows part of what we are talking about, folk and Virginia Beach have proposed full well that our military has actually which is protection for our shorelines. almost $1.5 billion in coastal resiliency taken the lead in assessing the real- I just want to mention one more infrastructure, but Hampton Roads and istic consequences of climate change thing, that the annual benefits of coral other coastal localities with military on our military installations across the reefs, including a flood protection bar- presence cannot bear the cost of sea country. They deserve credit for that. rier for more than 18,000 coastal citi- level rise, severe storms, and recurrent They also need help with that. My col- zens, actually provide $1.8 billion worth flooding alone. leagues’ amendment would provide of coastal infrastructure in the United My amendment will strengthen H.R. them that help and will create the States in terms of benefits. So, what- 729 by ensuring that NOAA takes into partnership that we need to guarantee ever we are going to spend in providing account the crucial role resiliency the continued security and operation of grants to protect our coral reefs, we projects can play in bolstering our na- our Nation’s key military installations are going to receive back in benefits. tional security and our local commu- and the family communities that de- Mr. Chairman, I yield back the bal- nities. pend on them. ance of my time. Mr. Chairman, I urge my colleagues Mrs. LURIA. Mr. Chair, coastal resil- The Acting CHAIR. The question is to support this amendment and the un- iency projects, such as the Living on the amendment offered by the gen- derlying bill, and I reserve the balance Shoreline Program, can strengthen our tlewoman from Florida (Ms. of my time. military and the local communities MUCARSEL-POWELL). Mr. BISHOP of Utah. Mr. Chairman, that support them. My amendment will The question was taken; and the Act- I would actually ask to claim the time improve H.R. 729 by ensuring that ing Chair announced that the ayes ap- in opposition, though, once again, I am NOAA considers the national security peared to have it. not really opposed to this amendment. benefits of these projects. Mr. BUDD. Mr. Chairman, I demand a The Acting CHAIR. Without objec- Let me be clear: A vote against this recorded vote. tion, the gentleman is recognized for 5 amendment is a vote to turn our backs The Acting CHAIR. Pursuant to minutes. on our servicemembers and military clause 6 of rule XVIII, further pro- There was no objection. families, as well as disregard the future Mr. BISHOP of Utah. Mr. Chairman, ceedings on the amendment offered by of military readiness in our coastal this is one of those elements which, the gentlewoman from Florida will be communities. postponed. once again, the gentlewoman raises an Mr. Chair, I urge my colleagues to issue that I think is right, it is good, AMENDMENT NO. 26 OFFERED BY MRS. LURIA support this critical amendment in the The Acting CHAIR. It is now in order and it is appropriate; and the idea that underlying bill, and I yield back the to consider amendment No. 26 printed we should make sure these consider- balance of my time. House Report 116–330. ations take effect is an appropriate Mr. BISHOP of Utah. Mr. Chair, let’s Mrs. LURIA. Mr. Chairman, I have an thing. just say this: In concept once again, re- amendment at the desk. The concept, once again, but the gardless of how one votes on this The Acting CHAIR. The Clerk will problem is there is nothing that pro- amendment, the issue is still signifi- designate the amendment. hibits that from being done, and, in- cant. The issue is still being covered. The text of the amendment is as fol- deed, it is being done even as we speak, The issue is already being done. There lows: but you want to reemphasize it. is a redundancy in some elements to it, Once again, we should be taking mili- Page 8, line 24, strike ‘‘and’’. but it is a redundancy for a good cause. tary consideration into everything we Page 9, line 18, strike the period and insert Mr. Chair, I am not going to vote ‘‘; and’’. are doing, not just this particular against it, but, once again, we are Page 9, line 19, insert ‘‘(E) the potential of amendment. But it is the right concept doing it. We are doing it already, that the project to support resiliency at a mili- there. It is why I am not really opposed is what we are doing with the entire tary installation or community infrastruc- to this. It is the right thing to do. package that we are debating. We are ture supportive of a military installation (as Actually, it is such a right thing to such terms are defined in section 2391 of title doing it already. do, we should have been spending our 10, United States Code).’’ Mr. Chair, I yield back the balance of time doing the NDAA, which is much The Acting CHAIR. Pursuant to my time. more successful and much more impor- House Resolution 748, the gentlewoman The Acting CHAIR. The question is tant to the military. That should have from Virginia (Mrs. LURIA) and a Mem- on the amendment offered by the gen- been passed months ago. That is how ber opposed each will control 5 min- tlewoman from Virginia (Mrs. LURIA). important this particular topic is. The question was taken; and the Act- utes. I am not really opposed to it. It is, ing Chair announced that the ayes ap- The Chair recognizes the gentle- once again, redundant, and we are al- peared to have it. woman from Virginia. ready doing that. There is nothing that Mrs. LURIA. Mr. Chairman, I rise to Mr. BUDD. Mr. Chair, I demand a re- stops us from doing that. corded vote. offer an amendment to H.R. 729, the Mr. Chairman, I reserve the balance The Acting CHAIR. Pursuant to Coastal and Great Lakes Communities of my time. Enhancement Act. clause 6 of rule XVIII, further pro- My amendment directs NOAA to con- b 1630 ceedings on the amendment offered by sider the potential of proposed living Mrs. LURIA. Mr. Chair, I yield 1 the gentlewoman from Virginia will be shoreline projects to enhance the resil- minute to the gentleman from Hawaii postponed. iency of military installations and the (Mr. CASE). AMENDMENT NO. 29 OFFERED BY MR. JOHNSON communities that surround them. Mr. CASE. Mr. Chair, I applaud the OF LOUISIANA Earlier this year, the Department of sponsor of this amendment, my col- The Acting CHAIR. It is now in order Defense found that well over half of the league from the beautiful and critical to consider amendment No. 29 printed highest priority military installations Virginia coast. House Report 116–330.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.069 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H9998 CONGRESSIONAL RECORD — HOUSE December 10, 2019 Mr. JOHNSON of Louisiana. Mr. graph in the manner provided in subclause loss, and it is anticipated to lose an ad- Chair, I have an amendment at the (I) or (II), the request shall be considered to ditional 4,000-plus, unless Congress acts desk. be complete. to loosen the regulations that have de- ‘‘(ix)(I) At least 90 days before the expira- The Acting CHAIR. The Clerk will tion of any authorization issued under this layed critical projects that bolster vul- designate the amendment. subparagraph, the holder of such authoriza- nerable habitats and communities. The text of the amendment is as fol- tion may apply for a one-year extension of Take my home State of Louisiana, lows: such authorization. The Secretary shall for example, which has greatly suffered Add at the end the following: grant such extension within 14 days after the from overreaching government regula- TITLE V—STREAMLINING date of such request on the same terms and tion. ENVIRONMENTAL APPROVALS without further review if there has been no In March of 2017, the Coalition to Re- substantial change in the activity carried store Coastal Louisiana announced the SEC. 501. ADDRESSING PERMITS FOR TAKING OF out under such authorization nor in the sta- MARINE MAMMALS. tus of the marine mammal species or stock, Mid-Barataria Sediment Diversion Section 101(a)(5)(D) of the Marine Mammal as applicable, as reported in the final annual Project was going to be delayed an ad- Protection Act of 1972 (16 U.S.C. 1371(a)(5)(D)) stock assessment reports for such species or ditional 2 years due to permitting is amended as follows: stock. issues. This project is considered the (1) In clause (i)— ‘‘(II) In subclause (I) the term ‘substantial (A) by striking ‘‘citizens of the United very cornerstone of the Coastal Protec- change’ means a change that prevents the tion and Restoration Authority’s 2017 States’’ and inserting ‘‘persons’’; Secretary from making the required findings (B) by striking ‘‘within a specific geo- to issue an authorization under clause (i) Coastal Master Plan to mitigate flood graphic region’’; with respect to such species or stock. risks, restore and protect critical habi- (C) by striking ‘‘of small numbers’’; ‘‘(III) The Secretary shall notify the appli- tats, and ensure Congress is not debat- (D) by striking ‘‘such citizens’’ and insert- cant of such substantial changes with speci- ing the issue 15 years after the region ing ‘‘such persons’’; and ficity and in writing within 14 days after the has been irreparably lost and sunk into (E) by striking ‘‘within that region’’. applicant’s submittal of the extension re- the Gulf of Mexico. (2) In clause (ii)— quest. In addition, this amendment supports (A) in subclause (I), by striking ‘‘, and ‘‘(x) If the Secretary fails to make the re- other means of effecting the least prac- quired findings and, as appropriate, issue the the national security interest of the ticable impact on such species or stock and authorization within 120 days after the appli- United States to ensure our men and its habitat’’; cation is accepted or required to be consid- women in uniform are able to properly (B) in subclause (III), by striking ‘‘require- ered complete under subclause (I)(aa), train for future missions. ments pertaining to the monitoring and re- (II)(aa), or (III) of clause (viii), as applicable, In 2016, a Federal court of appeals re- porting of such taking by harassment, in- the authorization is deemed to have been voked the U.S. Navy’s authorization to cluding’’ and inserting ‘‘efficient and prac- issued on the terms stated in the application use sonar for critical national security and without further process or restrictions tical requirements pertaining to the moni- training because it conflicted with the toring of such taking by harassment while under this Act.’’. the activity is being conducted and the re- SEC. 502. REMOVING DUPLICATIONS. rules and regulations under the MMPA. porting of such taking, including, as the Sec- Section 101(a)(5)(D) of the Marine Mammal To address these delays directly, my retary determines necessary,’’; and Protection Act of 1972 (16 U.S.C. amendment simply makes common- (C) by adding at the end the following: 1371(a)(5)(D)), as amended, is further amend- sense updates to the MMPA that help ‘‘Any condition imposed pursuant to sub- ed by adding at the end the following: increase regulatory efficiency and re- clause (I), (II), or (III) may not result in ‘‘(xi) Any taking of a marine mammal in move duplicative permitting require- more than a minor change to the specified compliance with an authorization under this subparagraph is exempt from the prohibition ments under Federal law. activity and may not alter the basic design, For anyone to insinuate that this location, scope, duration, or timing of the on taking in section 9 of the Endangered specified activity.’’. Species Act of 1973 (16 U.S.C. 1538). Any Fed- amendment will destroy protections (3) In clause (iii), by striking ‘‘receiving an eral agency authorizing, funding, or carrying and result in wetland and species de- application under this subparagraph’’ and in- out an action that results in such taking, cline is simply untrue. In fact, the re- serting ‘‘an application is accepted or re- and any agency action authorizing such tak- forms made by my amendment would quired to be considered complete under sub- ing, is exempt from the requirement to con- further support coastal habitats and clause (I)(aa), (II)(aa), or (IV) of clause (viii), sult regarding potential impacts to marine species restoration, U.S. national secu- as applicable,’’. mammal species or designated critical habi- tat under section 7(a)(2) of such Act (16 rity interest, and American energy (4) In clause (vi), by striking ‘‘a determina- independence. tion of ‘least practicable adverse impact on U.S.C. 1536(a)(2)).’’. such species or stock’ under clause (i)(I)’’ The Acting CHAIR. Pursuant to Mr. Chair, I urge all my colleagues to and inserting ‘‘conditions imposed under House Resolution 748, the gentleman support my amendment, and I reserve subclause (I), (II), or (III) of clause (ii)’’. from Louisiana (Mr. JOHNSON) and a the balance of my time. (5) By adding at the end the following: Member opposed each will control 5 Mr. CASE. Mr. Chair, I rise in opposi- ‘‘(viii)(I) The Secretary shall— minutes. tion to the amendment. ‘‘(aa) accept as complete a written request The Chair recognizes the gentleman The Acting CHAIR. The gentleman for authorization under this subparagraph from Hawaii is recognized for 5 min- for incidental taking described in clause (i), from Louisiana. Mr. JOHNSON of Louisiana. Mr. utes. by not later than 45 days after the date of Mr. CASE. Mr. Chair, this amend- submission of the request; or Chair, I rise to offer this amendment to ‘‘(bb) provide to the requester, by not later the underlying legislation, H.R. 729, ment is not a coastal resilience amend- than 15 days after the date of submission of the Coastal and Great Lakes Commu- ment. This amendment has nothing to the request, a written notice describing any nities Enhancement Act. do with the underlying bill; in fact, it additional information required to complete My amendment seeks to provide crit- was a miracle that it was ruled ger- the request. ical reforms to duplicative, burden- mane. This amendment instead is sim- ‘‘(II) If the Secretary provides notice under some, and outdated policies that ham- ply an unneeded handout to oil and gas subclause (I)(bb), the Secretary shall, by not per energy exploration and critical companies that takes us in exactly the later than 30 days after the date of submis- wrong direction, not only on climate sion of the additional information described coastal restoration. To be clear, coast- in the notice— al restoration is vital to deterring eco- change, but on the very survival of our ‘‘(aa) accept the written request for au- system degradation and fueling eco- oceans. thorization under this subparagraph for inci- nomic sustainability for communities We all know, and I remind everybody, dental taking described in clause (i); or who call this southernmost part of that this language is the exact lan- ‘‘(bb) deny the request and provide the re- Louisiana home. guage that in past Congresses was in- quester a written explanation of the reasons The loss of our coastal areas presents cluded in the other side’s ocean drilling for the denial. an increased threat to safety within package that would have paved the ‘‘(III) The Secretary may not make a sec- residential communities, and it nega- way for faster permitting of seismic ond request for information, request that the requester withdraw and resubmit the re- tively impacts business investments testing and ocean drilling. quest, or otherwise delay a decision on the due to the difficulty in obtaining insur- Why? Because our oceans marine request. ance. mammals get in the way of that. ‘‘(IV) If the Secretary fails to respond to a Since the 1930s, Louisiana has suf- Congress first enacted the Marine request for authorization under this subpara- fered nearly 1,900 square miles of land Mammal Protection Act over 40 years

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.073 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H9999 ago to protect all marine mammals in man’s zeal, but I want him to know the gone through regular order, and it is response to declines caused by human focus is on the right thing. We are fo- the only one that is not doing some- activities, and it has worked success- cused here on solving problems. thing that is duplicative. fully for almost all of those years. The This is not the first time this legisla- This is a problem that does exist and Marine Mammal Protection Act en- tion has been misunderstood or even trying to make it to actually happen. sures that activities that may result in mischaracterized. As I stated pre- Everything else we have talked about incidental harm or take of marine viously, those who say that this is stuff that is nice, but it is duplica- mammals are thoroughly reviewed, amendment would weaken the effec- tive. It doesn’t actually do anything. rather than permitted through the ex- tiveness of certain elements of the Ma- This is the only one that does some- pedited and inadequate process pro- rine Mammal Protection Act resulting thing, and it does something in a posi- posed by this bill. in industries involved with offshore tive way. Activities such as seismic air gun areas having unfettered access to con- Mr. JOHNSON of Louisiana. Mr. testing used for oil and gas explo- duct activities that are detrimental to Chair, I yield back the balance of my ration, offshore drilling, sonar, and marine life is just absolutely not the time. geophysical surveys can all affect ma- case. Mr. CASE. Mr. Chair, we understand rine mammals. And while I sometimes This amendment would roll back bur- that for some industries interested in hear the other side falsely claim that densome regulations on companies the exploitation of our oceans that the these activities have not killed any seeking to do business in offshore Marine Mammal Protection Act is in- marine mammals, the best available areas, but it does it in a very safe and convenient. We understand that we ask science for decades has demonstrated responsible way. The current process is for limitations on the activities of that, in fact, there are significant long- just too burdensome; it is too time- those industries, which would other- term negative impacts on several ma- consuming. wise not demonstrate any discernible rine mammal species that do, in fact, Though the MMPA includes statu- concern for our oceans. And we reject cause their death. tory deadlines for Federal agencies the basic premise that that regulation This amendment would undermine processing Incidental Harassment Au- is not necessary for our oceans. critical protections under the Marine thorization applications, industries op- Our marine mammals deserve our Mammal Protection Act by striking erating in offshore areas cite delays protection, and we have protected the conditions required for permitted that lasts hundreds of days, and that is them, and we have worked through the activities. It would allow for unmiti- just simply not acceptable. give-and-take of legitimate activities gated incidental harm, that is without Previously, the Government Ac- in the oceans where they can and the current safeguards that would countability Office reported on this should be balanced with impacts on our allow for the, ‘‘least practicable impact exact issue. The GAO discovered that marine mammals. on such species or stocks,’’ among the National Marine Fishery Service So, again, I respectfully submit that other things. Is it too much to ask that and the Fish and Wildlife Service failed this particular proposal, which has we require the least practicable impact to meet basic tasks, which included ac- been—as the ranking member points on such species or stock? curately recording application dates out—thoroughly vetted in prior Con- It would further limit mitigation for and timelines. In addition, the GAO gresses, although not brought to the any incidental losses and requirements found that some IHA applications sat floor, can in fact yield a good, solid de- for monitoring. These legislative within these agencies for years. In ad- bate. But we simply reject the position changes would allow industry to con- dition, ESA’s list of species recovery tinue their activities with oversight of taken. efforts have also been hampered or de- Mr. Chair, I yield back the balance of their impacts only if it was, ‘‘efficient layed by the current IHA process. and practical.’’ Efficient and practical? my time. During a previous Water, Power and Let’s just give them carte blanche to b 1645 Ocean Subcommittee hearing on ma- gut this bill, literally and figuratively. rine mammal predation of ESA-listed The Acting CHAIR. The question is Lastly, this amendment would waive on the amendment offered by the gen- requirements for take and consultation salmon species in the Pacific North- tleman from Louisiana (Mr. JOHNSON). under the Endangered Species Act, an- west, the then-regional director of the Washington Department of Fish and The question was taken; and the Act- other decades-long cornerstone of our ing Chair announced that the noes ap- protection of our natural species for Wildlife testified that, ‘‘the conditions associated with the current require- peared to have it. any threatened or endangered marine Mr. JOHNSON of Louisiana. Mr. mammals. The ESA has been critical ments of Section 120 of the MMPA are challenging and expensive to imple- Chair, I demand a recorded vote. to the recovery of several populations The Acting CHAIR. Pursuant to of marine mammals and is needed to ment, limited in scope and legal chal- lenges have slowed the progress in re- clause 6 of rule XVIII, further pro- protect other species from extinction. ceedings on the amendment offered by Let’s keep the focus where we can ducing impacts to salmon.’’ That is the gentleman from Louisiana will be focus on a bipartisan solution to cli- just one species, as an example, but it postponed. mate change as it affects our oceans, illustrates the need for this amend- our coastlines and our lakes. Let’s ment to be adopted to H.R. 721. ANNOUNCEMENT BY THE ACTING CHAIR keep the focus on coastal resilience, on Mr. Chair, I reserve the balance of The Acting CHAIR. Pursuant to assisting communities, on fostering my time. clause 6 of rule XVIII, proceedings will Federal-State organization partner- Mr. CASE. Mr. Chair, I am prepared now resume on those amendments ships, on living in the present and the to close after the gentleman closes, and printed in House Report 116–330 on future and not in the past on the ef- I reserve the balance of my time. which further proceedings were post- fects of climate change. Mr. JOHNSON of Louisiana. Mr. poned, in the following order: Let’s keep that focus there, rather Chair, I yield such time as he may con- Amendments en bloc by Mr. CASE of than use this bill, this amendment, to sume to the gentleman from Utah (Mr. Hawaii. provide a desired handout to an indus- BISHOP), our distinguished ranking Amendment No. 4 by Mr. BROWN of try that does not or has not dem- member. Maryland. onstrated a true understanding of its Mr. BISHOP of Utah. Mr. Chairman, Amendment No. 12 by Mr. CRIST of impacts on our oceans, an industry may I inquire how much time is re- Florida. that does need to continue to be regu- maining? Amendment No. 14 by Mr. PANETTA of lated through strong positive time- The Acting CHAIR. The gentleman California. tested legislation, such as the Marine has 11⁄2 minutes. Amendment No. 23 by Ms. MUCARSEL- Mammal Protection Act. Mr. BISHOP of UTAH. Mr. Chair, un- POWELL of Florida. Mr. Chair, I reserve the balance of like the other amendments that we Amendment No. 26 by Mrs. LURIA of my time. have had, this is the only one that is Virginia. Mr. JOHNSON of Louisiana. Mr. added here that actually has had a Amendment No. 29 by Mr. JOHNSON of Chair, I really appreciate the gentle- hearing. It has had a markup, it has Louisiana.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.074 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10000 CONGRESSIONAL RECORD — HOUSE December 10, 2019 The Chair will reduce to 2 minutes Sablan Soto Trone PERSONAL EXPLANATION ´ the minimum time for any electronic Sanchez Spanberger Underwood Ms. CLARKE of New York. Mr. Chair, I was Sarbanes Speier Upton vote after the first vote in this series. Scanlon Stanton Van Drew delayed in arriving to votes due to a personal AMENDMENTS EN BLOC OFFERED BY MR. CASE Schakowsky Stauber Vargas matter. Had I been present, I would have Schiff Stefanik OF HAWAII Veasey voted ‘‘yea’’ on rollcall No. 657 and ‘‘yea’’ on Schneider Stevens Vela rollcall No. 660. The Acting CHAIR. The unfinished Schrader Suozzi Vela´ zquez Schrier Swalwell (CA) business is the demand for a recorded Visclosky AMENDMENT NO. 4 OFFERED BY MR. BROWN OF Scott (VA) Takano vote on amendments en bloc offered by Waltz MARYLAND Scott, David Thompson (CA) Waters the gentleman from Hawaii (Mr. CASE) Sewell (AL) Thompson (MS) The Acting CHAIR. The unfinished on which further proceedings were Shalala Titus Watson Coleman business is the demand for a recorded Welch postponed and on which the ayes pre- Sherman Tlaib vote on the amendment offered by the Sherrill Tonko Wexton vailed by voice vote. Sires Torres (CA) Wild gentleman from Maryland (Mr. BROWN) The Clerk will redesignate the Slotkin Torres Small Wilson (FL) on which further proceedings were amendments en bloc. Smith (NJ) (NM) Yarmuth postponed and on which the ayes pre- The Clerk redesignated the amend- Smith (WA) Trahan Young vailed by voice vote. ments en bloc. NOES—166 The Clerk will redesignate the RECORDED VOTE Abraham Gianforte Nunes amendment. The Acting CHAIR. A recorded vote Allen Gibbs Olson The Clerk redesignated the amend- Amash Gohmert Palazzo ment. has been demanded. Amodei Gonzalez (OH) Palmer RECORDED VOTE A recorded vote was ordered. Armstrong Gosar Pence The vote was taken by electronic de- Arrington Granger Posey The Acting CHAIR. A recorded vote vice, and there were—ayes 249, noes 166, Babin Graves (GA) Ratcliffe has been demanded. Bacon Graves (MO) Reschenthaler not voting 21, as follows: Baird Green (TN) A recorded vote was ordered. Rice (SC) The Acting CHAIR. This will be a 2- [Roll No. 660] Balderson Griffith Riggleman Banks Grothman Roby minute vote. AYES—249 Barr Guest Rodgers (WA) The vote was taken by electronic de- Bergman Guthrie Adams Escobar Levin (CA) Roe, David P. Biggs Hagedorn vice, and there were—ayes 235, noes 179, Aguilar Eshoo Levin (MI) Rogers (AL) Allred Espaillat Lewis Bilirakis Harris not voting 22, as follows: Bishop (NC) Hartzler Rogers (KY) Axne Evans Lipinski Rose, John W. [Roll No. 661] ´ Bishop (UT) Hern, Kevin Barragan Finkenauer Loebsack Roy Bass Fitzpatrick Lofgren Bost Hice (GA) AYES—235 Rutherford Beatty Fletcher Lowenthal Brady Higgins (LA) Adams Doyle, Michael Larsen (WA) Scalise Bera Fortenberry Lowey Brooks (AL) Hill (AR) Aguilar F. Larson (CT) Schweikert Beyer Foster Luja´ n Brooks (IN) Holding Allred Engel Lawrence Scott, Austin Bishop (GA) Frankel Luria Buck Hollingsworth Axne Escobar Lee (CA) Blumenauer Fudge Lynch Bucshon Hudson Sensenbrenner Barraga´ n Eshoo Lee (NV) Blunt Rochester Gallego Malinowski Budd Johnson (LA) Shimkus Bass Espaillat Levin (CA) Bonamici Garamendi Maloney, Burchett Johnson (OH) Simpson Beatty Evans Levin (MI) Boyle, Brendan Garcı´a (IL) Carolyn B. Burgess Johnson (SD) Smith (MO) Bera Finkenauer Lewis F. Garcia (TX) Maloney, Sean Byrne Jordan Smith (NE) Beyer Fitzpatrick Lipinski Brindisi Golden Mast Calvert Kelly (MS) Spano Bishop (GA) Fletcher Loebsack Brown (MD) Gomez Matsui Carter (GA) King (IA) Steil Blumenauer Foster Lofgren Brownley (CA) Gonzalez (TX) McBath Carter (TX) Kinzinger Steube Blunt Rochester Frankel Lowenthal Buchanan Gonza´ lez-Colo´ n McCollum Chabot Kustoff (TN) Stewart Bonamici Fudge Lowey Bustos (PR) McEachin Cheney LaHood Stivers Boyle, Brendan Gallego Luja´ n Butterfield Gottheimer McGovern Cline LaMalfa Taylor F. Garamendi Luria Carbajal Graves (LA) McNerney Cloud Lamborn Thornberry Brindisi Garcı´a (IL) Lynch Ca´ rdenas Green, Al (TX) Meeks Cole Latta Timmons Brown (MD) Garcia (TX) Malinowski Collins (GA) Lesko Carson (IN) Grijalva Meng Tipton Brownley (CA) Golden Maloney, Comer Long Cartwright Haaland Mitchell Turner Bustos Gomez Carolyn B. Conaway Loudermilk Case Harder (CA) Moolenaar Wagner Butterfield Gonzalez (TX) Maloney, Sean Cook Lucas Casten (IL) Hastings Morelle Walberg Carbajal Gonza´ lez-Colo´ n Matsui Crawford Luetkemeyer Castor (FL) Hayes Moulton Walden Ca´ rdenas (PR) McBath Castro (TX) Heck Mucarsel-Powell Crenshaw Marchant Carson (IN) Gottheimer McCollum Curtis Marshall Walker Chu, Judy Herrera Beutler Murphy (FL) Walorski Cartwright Graves (LA) McEachin Cicilline Higgins (NY) Nadler Davidson (OH) Massie Case Green, Al (TX) McGovern Davis, Rodney McAdams Watkins Cisneros Himes Napolitano Weber (TX) Casten (IL) Grijalva McNerney Clark (MA) Horn, Kendra S. DesJarlais McCarthy Castor (FL) Haaland Neal Webster (FL) Meeks Clay Horsford Neguse Duncan McCaul Castro (TX) Harder (CA) Meng Wenstrup Cleaver Houlahan Norcross Dunn McClintock Chu, Judy Harris Moore Westerman Clyburn Hoyer Norton Emmer McHenry Cicilline Hastings Morelle Williams Cohen Huffman O’Halleran Estes McKinley Cisneros Hayes Moulton Wilson (SC) Connolly Huizenga Ocasio-Cortez Ferguson Meadows Clark (MA) Heck Mucarsel-Powell Wittman Cooper Hurd (TX) Omar Fleischmann Miller Clay Higgins (NY) Mullin Correa Jackson Lee Pallone Flores Mooney (WV) Womack Cleaver Himes Murphy (FL) Costa Jayapal Panetta Foxx (NC) Mullin Woodall Clyburn Horn, Kendra S. Nadler Courtney Jeffries Pappas Fulcher Murphy (NC) Wright Cohen Horsford Napolitano Cox (CA) Johnson (GA) Pascrell Gaetz Newhouse Yoho Connolly Houlahan Neal Craig Johnson (TX) Payne Gallagher Norman Zeldin Cooper Hoyer Neguse Crist Joyce (OH) Perlmutter Correa Huffman Norcross Crow Kaptur Peters NOT VOTING—21 Costa Jackson Lee Norton Cuellar Katko Peterson Aderholt Lawrence San Nicolas Courtney Jayapal O’Halleran Cunningham Keating Phillips Clarke (NY) Lieu, Ted Serrano Craig Jeffries Ocasio-Cortez Davids (KS) Kelly (IL) Pingree Gabbard Meuser Smucker Crist Johnson (TX) Omar Davis (CA) Kennedy Plaskett Gooden Moore Thompson (PA) Crow Kaptur Pallone Davis, Danny K. Khanna Pocan Hunter Perry Wasserman Cuellar Katko Panetta Dean Kildee Porter Joyce (PA) Radewagen Schultz Cunningham Keating Pappas DeFazio Kilmer Pressley Keller Rooney (FL) Davids (KS) Kelly (IL) Pascrell DeGette Kim Price (NC) Kelly (PA) Rouzer Davis (CA) Kennedy Payne DeLauro Kind Quigley Davis, Danny K. Khanna Perlmutter DelBene King (NY) Raskin Dean Kildee Peters Delgado Kirkpatrick Reed b 1713 DeFazio Kilmer Phillips Demings Krishnamoorthi Rice (NY) DeGette Kim Pingree DeSaulnier Kuster (NH) Richmond Messrs. WALBERG and GROTHMAN DeLauro Kind Plaskett Deutch Lamb Rose (NY) changed their vote from ‘‘aye’’ to ‘‘no.’’ DelBene King (IA) Pocan Diaz-Balart Langevin Rouda Delgado King (NY) Pressley Dingell Larsen (WA) Roybal-Allard So the en bloc amendments were Demings Kirkpatrick Price (NC) Doggett Larson (CT) Ruiz agreed to. DeSaulnier Krishnamoorthi Quigley Doyle, Michael Lawson (FL) Ruppersberger Deutch Kuster (NH) Raskin F. Lee (CA) Rush The result of the vote was announced Dingell Lamb Rice (NY) Engel Lee (NV) Ryan as above recorded. Doggett Langevin Richmond

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.076 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H10001 Rose (NY) Slotkin Trone b 1718 McAdams Price (NC) Stauber Roybal-Allard Smith (NJ) Underwood McBath Quigley Stefanik Ruiz Smith (WA) Upton So the amendment was agreed to. McCaul Raskin Steil Ruppersberger Soto Van Drew The result of the vote was announced McCollum Reed Steube Ryan Spanberger Vargas as above recorded. McEachin Rice (NY) Stevens Sablan Speier Veasey McGovern Richmond Stivers ´ Sanchez Stanton Vela Stated for: McNerney Riggleman Suozzi Sarbanes Stefanik Vela´ zquez Mr. RUSH. Mr. Chair, I was unavoidably de- Meeks Roby Swalwell (CA) Scanlon Stevens Meng Rogers (AL) Visclosky Takano Schakowsky Suozzi tained for rollcall No. 661. Had I been present, Mitchell Rogers (KY) Waltz Thompson (CA) Schiff Swalwell (CA) I would have voted ‘‘yea’’ on rollcall No. 661. Moolenaar Rose (NY) Waters Thompson (MS) Schneider Takano Moore Rouda Watson Coleman AMENDMENT NO. 12 OFFERED BY MR. CRIST Titus Schrader Thompson (CA) Morelle Roybal-Allard Tlaib Schrier Thompson (MS) Welch The Acting CHAIR. The unfinished Moulton Ruiz Wexton Tonko Scott (VA) Titus business is the demand for a recorded Mucarsel-Powell Ruppersberger Torres (CA) Scott, David Tlaib Wild Mullin Rush vote on the amendment offered by the Torres Small Sewell (AL) Tonko Wilson (FL) Murphy (FL) Rutherford gentleman from Florida (Mr. CRIST) on (NM) Shalala Torres (CA) Wittman Nadler Ryan Trahan Sherman Torres Small Yarmuth which further proceedings were post- Napolitano Sablan Trone Sherrill (NM) Neal Sa´ nchez poned and on which the ayes prevailed Turner Sires Trahan Neguse Sarbanes by voice vote. Underwood Newhouse Scanlon Upton NOES—179 The Clerk will redesignate the Norcross Schakowsky amendment. Norton Schiff Van Drew Abraham Gianforte Nunes The Clerk redesignated the amend- O’Halleran Schneider Vargas Allen Gibbs Olson Ocasio-Cortez Schrader Veasey Amash Gohmert Palazzo ment. Omar Schrier Vela Amodei Gonzalez (OH) Palmer RECORDED VOTE Pallone Schweikert Vela´ zquez Armstrong Gosar Pence Visclosky The Acting CHAIR. A recorded vote Palmer Scott (VA) Arrington Granger Peterson Panetta Scott, David Wagner Babin Graves (GA) Porter has been demanded. Pappas Sewell (AL) Walberg Bacon Graves (MO) Posey A recorded vote was ordered. Pascrell Shalala Walden Baird Green (TN) Ratcliffe The Acting CHAIR. This will be a 2- Payne Sherman Walorski Balderson Griffith Reed Perlmutter Sherrill Waltz Banks Grothman Reschenthaler minute vote. Peters Sires Waters Barr Guest Rice (SC) The vote was taken by electronic de- Peterson Slotkin Watson Coleman Bergman Guthrie Riggleman vice, and there were—ayes 297, noes 121, Phillips Smith (NJ) Webster (FL) Biggs Hagedorn Roby not voting 18, as follows: Pingree Smith (WA) Welch Bilirakis Hartzler Rodgers (WA) Plaskett Soto Wexton Bishop (NC) Hern, Kevin Roe, David P. [Roll No. 662] Pocan Spanberger Wild Bishop (UT) Herrera Beutler Rogers (AL) AYES—297 Porter Spano Wilson (FL) Bost Hice (GA) Rogers (KY) Posey Speier Yarmuth Brady Higgins (LA) Rose, John W. Adams Cunningham Himes Pressley Stanton Zeldin Brooks (AL) Hill (AR) Rouzer Aguilar Davids (KS) Hollingsworth Brooks (IN) Holding Roy Allred Davis (CA) Horn, Kendra S. NOES—121 Buchanan Hollingsworth Amodei Davis, Danny K. Rutherford Horsford Abraham Fulcher Mooney (WV) Buck Hudson Axne Davis, Rodney Houlahan Scalise Allen Gianforte Murphy (NC) Bucshon Huizenga Bacon Dean Hoyer Schweikert Amash Gibbs Norman Budd Hurd (TX) Baird DeFazio Scott, Austin Huffman Armstrong Gohmert Burchett Johnson (LA) Balderson DeGette Huizenga Nunes Sensenbrenner Arrington Gosar Burgess Johnson (OH) Barraga´ n DeLauro Hurd (TX) Olson Shimkus Babin Granger Byrne Johnson (SD) Bass DelBene Jackson Lee Palazzo Simpson Banks Graves (GA) Calvert Jordan Beatty Delgado Jayapal Pence Smith (MO) Barr Graves (MO) Carter (GA) Joyce (OH) Bera Demings Jeffries Ratcliffe Smith (NE) Biggs Green (TN) Carter (TX) Kelly (MS) Bergman DeSaulnier Johnson (GA) Reschenthaler Spano Bishop (NC) Griffith Chabot Kinzinger Beyer Deutch Johnson (OH) Rice (SC) Stauber Bishop (UT) Grothman Cheney Kustoff (TN) Bilirakis Diaz-Balart Johnson (TX) Roe, David P. Steil Bost Guest Cline LaHood Bishop (GA) Dingell Joyce (OH) Rose, John W. Steube Brady Guthrie Cloud LaMalfa Blumenauer Doggett Kaptur Brooks (AL) Hagedorn Rouzer Cole Lamborn Stewart Blunt Rochester Doyle, Michael Katko Buck Hartzler Roy Collins (GA) Latta Stivers Bonamici F. Keating Bucshon Hice (GA) Scalise Comer Lesko Taylor Boyle, Brendan Dunn Kelly (IL) Budd Hill (AR) Scott, Austin Conaway Long Thornberry F. Engel Kennedy Burchett Holding Sensenbrenner Cook Loudermilk Timmons Brindisi Escobar Khanna Burgess Hudson Shimkus Cox (CA) Lucas Tipton Brooks (IN) Eshoo Kildee Byrne Johnson (LA) Simpson Crawford Luetkemeyer Turner Brown (MD) Espaillat Kilmer Carter (GA) Johnson (SD) Smith (MO) Crenshaw Marchant Wagner Brownley (CA) Evans Kim Carter (TX) Jordan Curtis Marshall Walberg Buchanan Smith (NE) Finkenauer Kind Chabot Kelly (MS) Davidson (OH) Massie Walden Bustos Stewart Fitzpatrick King (NY) Cheney King (IA) Davis, Rodney Mast Walker Butterfield Taylor Fletcher Kirkpatrick Cline Kinzinger DesJarlais McAdams Walorski Calvert Thornberry Fortenberry Krishnamoorthi Cloud Kustoff (TN) Diaz-Balart McCarthy Watkins Carbajal Timmons Foster Kuster (NH) Collins (GA) LaMalfa Duncan McCaul Weber (TX) Ca´ rdenas Tipton Frankel LaHood Comer Lamborn Dunn McClintock Webster (FL) Carson (IN) Walker Fudge Lamb Conaway Lesko Emmer McHenry Wenstrup Cartwright Watkins Gaetz Langevin Crawford Long Estes McKinley Westerman Case Weber (TX) Gallagher Larsen (WA) Crenshaw Loudermilk Ferguson Meadows Williams Casten (IL) Gallego Larson (CT) Curtis Luetkemeyer Wenstrup Fleischmann Miller Wilson (SC) Castor (FL) Garamendi Latta Davidson (OH) Marchant Westerman Flores Mitchell Womack Castro (TX) ´ Garcıa (IL) Lawrence DesJarlais Marshall Williams Fortenberry Moolenaar Woodall Chu, Judy Garcia (TX) Lawson (FL) Duncan Massie Wilson (SC) Foxx (NC) Mooney (WV) Wright Cicilline Golden Lee (CA) Emmer McCarthy Wittman Fulcher Murphy (NC) Yoho Cisneros Gomez Lee (NV) Estes McClintock Womack Gaetz Newhouse Young Clark (MA) Gonzalez (OH) Levin (CA) Ferguson McHenry Woodall Gallagher Norman Zeldin Clarke (NY) Gonzalez (TX) Levin (MI) Fleischmann McKinley Wright Clay ´ ´ Gonzalez-Colon Lewis Flores Meadows Yoho Cleaver NOT VOTING—22 (PR) Lipinski Foxx (NC) Miller Young Clyburn Gottheimer Loebsack Aderholt Kelly (PA) Rush Cohen Graves (LA) Lofgren Clarke (NY) Lawson (FL) NOT VOTING—18 San Nicolas Cole Green, Al (TX) Lowenthal Gabbard Lieu, Ted Aderholt Lieu, Ted Serrano Serrano Connolly Grijalva Lowey Gooden Meuser Gabbard Meuser Smucker Cook Haaland Lucas Smucker Hunter Perry Gooden Perry Thompson (PA) Cooper Harder (CA) Luja´ n Thompson (PA) Johnson (GA) Radewagen Hunter Radewagen Wasserman Correa Harris Luria Wasserman Joyce (PA) Rooney (FL) Joyce (PA) Rodgers (WA) Schultz Costa Hastings Lynch Schultz Keller Rouda Keller Rooney (FL) Courtney Hayes Malinowski Kelly (PA) San Nicolas Cox (CA) Heck Maloney, ANNOUNCEMENT BY THE ACTING CHAIR Craig Hern, Kevin Carolyn B. ANNOUNCEMENT BY THE ACTING CHAIR Crist Herrera Beutler Maloney, Sean The Acting CHAIR (during the vote). Crow Higgins (LA) Mast The Acting CHAIR (during the vote). There is 1 minute remaining. Cuellar Higgins (NY) Matsui There is 1 minute remaining.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.035 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10002 CONGRESSIONAL RECORD — HOUSE December 10, 2019 b 1722 Johnson (GA) Moore Sensenbrenner ANNOUNCEMENT BY THE ACTING CHAIR Johnson (LA) Morelle Sewell (AL) The Acting CHAIR (during the vote). So the amendment was agreed to. Johnson (OH) Moulton Sherman The result of the vote was announced Johnson (SD) Mucarsel-Powell Sherrill There is 1 minute remaining. as above recorded. Johnson (TX) Mullin Shimkus Jordan Murphy (FL) Simpson b 1727 Stated against: Joyce (OH) Murphy (NC) Sires Mr. PALMER. Mr. Chair, for the record, on Kaptur Nadler Slotkin So the amendment was agreed to. the Crist amendment No. 12, rollcall No. 662 Katko Napolitano Smith (NE) The result of the vote was announced Keating Neal I intended to vote ‘‘nay.’’ I mistakenly voted Smith (NJ) as above recorded. Kelly (IL) Neguse Smith (WA) AMENDMENT NO. 23 OFFERED BY MS. MUCARSEL- ‘‘yea.’’ Kelly (MS) Newhouse Soto POWELL AMENDMENT NO. 14 OFFERED BY MR. PANETTA Kennedy Norcross Spanberger Khanna Norton The Acting CHAIR. The unfinished Spano The Acting CHAIR. The unfinished Kildee Nunes Speier business is the demand for a recorded business is the demand for a recorded Kilmer O’Halleran Stanton Kim Ocasio-Cortez vote on the amendment offered by the vote on the amendment offered by the Stauber Kind Olson A Stefanik gentlewoman from Florida (Ms. gentleman from California (Mr. P - King (NY) Omar Steil MUCARSEL-POWELL) on which further NETTA) on which further proceedings Kinzinger Palazzo Steube proceedings were postponed and on were postponed and on which the ayes Kirkpatrick Pallone Stevens Krishnamoorthi Palmer which the ayes prevailed by voice vote. prevailed by voice vote. Stewart Kuster (NH) Panetta The Clerk will redesignate the The Clerk will redesignate the Kustoff (TN) Pappas Stivers amendment. Suozzi amendment. LaHood Pascrell The Clerk redesignated the amend- The Clerk redesignated the amend- LaMalfa Payne Swalwell (CA) Lamb Pence Takano ment. ment. Taylor Lamborn Perlmutter RECORDED VOTE RECORDED VOTE Langevin Peters Thompson (CA) The Acting CHAIR. A recorded vote The Acting CHAIR. A recorded vote Larsen (WA) Peterson Thompson (MS) Thornberry has been demanded. has been demanded. Larson (CT) Phillips Latta Pingree Timmons A recorded vote was ordered. A recorded vote was ordered. Lawrence Plaskett Tipton The Acting CHAIR. This will be a 2- Lawson (FL) Pocan Titus The Acting CHAIR. This will be a 2- minute vote. minute vote. Lee (CA) Porter Tlaib Lee (NV) Posey Tonko The vote was taken by electronic de- The vote was taken by electronic de- Lesko Pressley Torres (CA) vice, and there were—ayes 285, noes 134, vice, and there were—ayes 389, noes 29, Levin (CA) Price (NC) Torres Small not voting 17, as follows: not voting 18, as follows: Levin (MI) Quigley (NM) Lewis Raskin Trahan [Roll No. 664] [Roll No. 663] Lipinski Ratcliffe Trone AYES—285 AYES—389 Loebsack Reed Turner Lofgren Reschenthaler Underwood Adams Davis, Rodney Huizenga Adams Clay Fletcher Lowenthal Rice (NY) Upton Aguilar Dean Hurd (TX) Aguilar Cleaver Fortenberry Lowey Rice (SC) Van Drew Allred DeFazio Jackson Lee Allred Cloud Foster Axne DeGette Jayapal Lucas Richmond Vargas Amodei Clyburn Foxx (NC) Bacon DeLauro Jeffries Luetkemeyer Riggleman Veasey Armstrong Cohen Frankel Barraga´ n DelBene Johnson (GA) Luja´ n Roby Vela Arrington Cole Fudge Bass Delgado Johnson (SD) Luria Rodgers (WA) Vela´ zquez Axne Collins (GA) Fulcher Beatty Demings Johnson (TX) Lynch Roe, David P. Visclosky Bacon Comer Gallagher Malinowski Rogers (AL) Bera DeSaulnier Joyce (OH) Baird Conaway Gallego Wagner Bergman Deutch Kaptur Maloney, Rogers (KY) Walberg Balderson Connolly Garamendi Carolyn B. Rose (NY) Beyer Diaz-Balart Katko Banks Cook Garcı´a (IL) Walden Bilirakis Dingell Keating Maloney, Sean Rose, John W. Walker Barr Cooper Garcia (TX) Marchant Rouda Bishop (GA) Doggett Kelly (IL) ´ Walorski Barragan Correa Gianforte Marshall Rouzer Blumenauer Doyle, Michael Kennedy Waltz Bass Costa Gibbs Mast Roybal-Allard Blunt Rochester F. Khanna Beatty Courtney Golden Waters Bonamici Dunn Kildee Matsui Ruiz Bera Cox (CA) Gomez Watkins Boyle, Brendan Engel Kilmer McAdams Ruppersberger Bergman Craig Gonzalez (OH) Watson Coleman F. Escobar Kim McBath Rush Beyer Crawford Gonzalez (TX) Webster (FL) Brindisi Eshoo Kind McCarthy Rutherford Bilirakis Crenshaw Gonza´ lez-Colo´ n Brooks (IN) Espaillat King (NY) McCaul Ryan Welch Bishop (GA) Crist (PR) Brown (MD) Evans Kinzinger McClintock Sablan Wenstrup Bishop (UT) Crow Gottheimer Brownley (CA) Finkenauer Kirkpatrick McCollum Sa´ nchez Westerman Blumenauer Cuellar Granger Buchanan Fitzpatrick Krishnamoorthi McEachin Sarbanes Wexton Blunt Rochester Cunningham Graves (LA) Bustos Fletcher Kuster (NH) McGovern Scalise Wild Bonamici Curtis Graves (MO) Butterfield Fortenberry Lamb McHenry Scanlon Williams Bost Davids (KS) Green (TN) Wilson (FL) Carbajal Foster Langevin McKinley Schakowsky ´ Boyle, Brendan Davidson (OH) Green, Al (TX) Wilson (SC) Cardenas Frankel Larsen (WA) F. Davis (CA) McNerney Schiff Carson (IN) Fudge Grijalva Wittman Larson (CT) Brindisi Davis, Danny K. Grothman Meadows Schneider Cartwright Gaetz Lawrence Womack Brooks (AL) Davis, Rodney Guest Meeks Schrader Case Gallego Lawson (FL) Woodall Brooks (IN) Dean Guthrie Meng Schrier Casten (IL) Garamendi Lee (CA) Yarmuth Brown (MD) DeFazio Haaland Miller Schweikert Castor (FL) Garcı´a (IL) Lee (NV) Brownley (CA) DeGette Hagedorn Mitchell Scott (VA) Yoho Castro (TX) Garcia (TX) Levin (CA) Buchanan DeLauro Harder (CA) Moolenaar Scott, Austin Young Chabot Golden Levin (MI) Bucshon DelBene Hartzler Mooney (WV) Scott, David Zeldin Chu, Judy Gomez Lewis Budd Delgado Hastings Cicilline Gonzalez (TX) Lipinski Burchett Demings Hayes NOES—29 Cisneros Gonza´ lez-Colo´ n Loebsack Bustos DeSaulnier Heck Abraham Cline King (IA) Clark (MA) (PR) Lofgren Butterfield DesJarlais Hern, Kevin Allen Duncan Long Clarke (NY) Gottheimer Lowenthal Byrne Deutch Herrera Beutler Clay Granger Lowey Amash Flores Loudermilk Calvert Diaz-Balart Higgins (LA) Cleaver Green, Al (TX) Lucas Babin Gaetz Massie Carbajal Dingell Higgins (NY) Clyburn Grijalva Luja´ n Biggs Gohmert Norman Ca´ rdenas Doggett Hill (AR) Cohen Haaland Luria Bishop (NC) Gosar Roy Carson (IN) Doyle, Michael Himes Brady Graves (GA) Cole Harder (CA) Lynch Carter (GA) F. Holding Smith (MO) Connolly Hastings Malinowski Buck Griffith Weber (TX) Cartwright Dunn Hollingsworth Burgess Harris Cooper Hayes Maloney, Wright Case Emmer Horn, Kendra S. Carter (TX) Hice (GA) Correa Heck Carolyn B. Casten (IL) Engel Horsford Costa Herrera Beutler Maloney, Sean Castor (FL) Escobar Houlahan NOT VOTING—18 Courtney Higgins (NY) Mast Castro (TX) Eshoo Hoyer Craig Himes Matsui Chabot Espaillat Hudson Aderholt Lieu, Ted Shalala Crist Holding McBath Cheney Estes Huffman Gabbard Meuser Smucker Crow Hollingsworth McCaul Chu, Judy Evans Huizenga Gooden Perry Thompson (PA) Cuellar Horn, Kendra S. McCollum Cicilline Ferguson Hurd (TX) Hunter Radewagen Wasserman Cunningham Horsford McEachin Cisneros Finkenauer Jackson Lee Joyce (PA) Rooney (FL) Schultz Davids (KS) Houlahan McGovern Clark (MA) Fitzpatrick Jayapal Keller San Nicolas Davis (CA) Hoyer McHenry Clarke (NY) Fleischmann Jeffries Kelly (PA) Serrano Davis, Danny K. Huffman McNerney

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.081 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H10003 Meeks Riggleman Stefanik b 1730 Lee (CA) Pappas Smith (WA) Meng Roby Steil Lee (NV) Pascrell Soto Mitchell Rodgers (WA) Steube So the amendment was agreed to. Lesko Payne Spanberger Moore Rogers (KY) Stevens The result of the vote was announced Levin (CA) Pence Spano Morelle Rose (NY) Suozzi as above recorded. Levin (MI) Perlmutter Speier Moulton Rouda Swalwell (CA) Lewis Peters Stanton Mucarsel-Powell Rouzer Takano AMENDMENT NO. 26 OFFERED BY MRS. LURIA Lipinski Peterson Stauber Mullin Roybal-Allard Thompson (CA) Loebsack Phillips Stefanik Murphy (FL) Ruiz The Acting CHAIR. The unfinished Lofgren Pingree Thompson (MS) business is the demand for a recorded Steil Murphy (NC) Ruppersberger Titus Lowenthal Plaskett Steube Nadler Rush Lowey Pocan Tlaib vote on the amendment offered by the Stevens Napolitano Rutherford Lucas Porter Tonko gentlewoman from Virginia (Mrs. Stewart Neal Ryan Luetkemeyer Posey Torres (CA) Stivers Neguse Sablan LURIA) on which further proceedings Luja´ n Pressley Torres Small Suozzi Newhouse Sa´ nchez were postponed and on which the ayes Luria Price (NC) (NM) Swalwell (CA) Norcross Sarbanes Trahan prevailed by voice vote. Lynch Quigley Norton Scanlon Takano Trone Malinowski Raskin O’Halleran Schakowsky The Clerk will redesignate the Maloney, Ratcliffe Taylor Turner Ocasio-Cortez Schiff amendment. Carolyn B. Reed Thompson (CA) Underwood Omar Schneider Maloney, Sean Reschenthaler Thompson (MS) Upton The Clerk redesignated the amend- Pallone Schrader Marchant Rice (NY) Thornberry Van Drew ment. Panetta Schrier Marshall Richmond Timmons Vargas Pappas Schweikert RECORDED VOTE Mast Riggleman Tipton Veasey Pascrell Scott (VA) The Acting CHAIR. A recorded vote Matsui Roby Titus Payne Scott, David Vela McAdams Rodgers (WA) Tlaib ´ Perlmutter Sewell (AL) Velazquez has been demanded. McBath Roe, David P. Tonko Peters Shalala Visclosky A recorded vote was ordered. McCarthy Rogers (KY) Torres (CA) Phillips Sherman Wagner The Acting CHAIR. This will be a 2- McCaul Rose (NY) Torres Small Walberg Pingree Sherrill minute vote. McClintock Rose, John W. (NM) Plaskett Simpson Waltz McCollum Rouda Trahan Pocan Sires Waters The vote was taken by electronic de- McEachin Rouzer Trone Porter Slotkin Watson Coleman vice, and there were—ayes 368, noes 51, McGovern Roybal-Allard Turner Posey Smith (NJ) Webster (FL) not voting 17, as follows: McHenry Ruiz Underwood Pressley Smith (WA) Welch McKinley Ruppersberger Upton Price (NC) Soto Wexton [Roll No. 665] McNerney Rush Van Drew Quigley Spanberger Wild AYES—368 Meeks Rutherford Vargas Raskin Spano Wilson (FL) Meng Ryan Veasey Reed Speier Wittman Adams Cooper Graves (LA) Miller Sablan Aguilar Correa Graves (MO) Vela Rice (NY) Stanton Yarmuth Mitchell Sa´ nchez ´ Allred Costa Green (TN) Velazquez Richmond Stauber Yoho Moolenaar Sarbanes Visclosky Amodei Courtney Green, Al (TX) Moore Scalise Wagner NOES—134 Armstrong Cox (CA) Grijalva Morelle Scanlon Arrington Craig Walberg Abraham Foxx (NC) Meadows Guest Moulton Schakowsky Axne Crenshaw Guthrie Walden Allen Fulcher Miller Mucarsel-Powell Schiff Bacon Crist Haaland Walorski Amash Gallagher Moolenaar Mullin Schneider Baird Crow Hagedorn Waltz Amodei Gianforte Mooney (WV) Murphy (FL) Schrader Balderson Cuellar Harder (CA) Waters Armstrong Gibbs Norman Murphy (NC) Schrier Banks Watkins Arrington Gohmert Cunningham Hartzler Nadler Schweikert Nunes Barr Watson Coleman Babin Gonzalez (OH) Curtis Hastings Napolitano Scott (VA) Olson Barraga´ n Webster (FL) Baird Gosar Davids (KS) Hayes Neal Scott, Austin Palazzo Bass Welch Balderson Graves (GA) Davis (CA) Heck Neguse Scott, David Palmer Beatty Banks Graves (LA) Davis, Danny K. Hern, Kevin Newhouse Sensenbrenner Wenstrup Pence Bera Barr Graves (MO) Davis, Rodney Herrera Beutler Norcross Sewell (AL) Westerman Peterson Bergman Biggs Green (TN) Dean Higgins (NY) Norton Shalala Wexton Ratcliffe Beyer Bishop (NC) Griffith DeFazio Hill (AR) Nunes Sherman Wild Reschenthaler Bilirakis Bishop (UT) Grothman DeGette Himes O’Halleran Sherrill Williams Rice (SC) Bishop (GA) Bost Guest DeLauro Holding Ocasio-Cortez Shimkus Wilson (FL) Roe, David P. Bishop (UT) Brady Guthrie DelBene Hollingsworth Omar Simpson Wittman Rogers (AL) Blumenauer Brooks (AL) Hagedorn Delgado Horn, Kendra S. Palazzo Sires Woodall Rose, John W. Blunt Rochester Buck Harris Demings Horsford Pallone Slotkin Yarmuth Roy Bonamici Bucshon Hartzler DeSaulnier Houlahan Palmer Smith (NE) Young Scalise Bost Budd Hern, Kevin DesJarlais Hoyer Panetta Smith (NJ) Zeldin Scott, Austin Boyle, Brendan Burchett Hice (GA) Deutch Huffman F. Burgess Higgins (LA) Sensenbrenner Diaz-Balart Huizenga NOES—51 Brindisi Byrne Hill (AR) Shimkus Dingell Hurd (TX) Brooks (IN) Abraham Duncan Long Calvert Hudson Smith (MO) Doggett Jackson Lee Brown (MD) Allen Estes Loudermilk Carter (GA) Johnson (LA) Smith (NE) Doyle, Michael Jayapal Brownley (CA) Amash Ferguson Massie Carter (TX) Johnson (OH) Stewart F. Jeffries Buchanan Babin Flores Meadows Cheney Jordan Stivers Dunn Johnson (GA) Bucshon Biggs Fulcher Mooney (WV) Cline Kelly (MS) Taylor Emmer Johnson (LA) Budd Bishop (NC) Gohmert Norman Cloud King (IA) Thornberry Engel Johnson (OH) Burgess Brady Gosar Olson Collins (GA) Kustoff (TN) Timmons Escobar Johnson (SD) Bustos Brooks (AL) Graves (GA) Rice (SC) Comer LaHood Tipton Eshoo Johnson (TX) Butterfield Buck Griffith Rogers (AL) Conaway LaMalfa Walden Espaillat Joyce (OH) Byrne Burchett Grothman Roy Cook Lamborn Walker Evans Kaptur Calvert Carter (GA) Harris Smith (MO) Cox (CA) Latta Walorski Finkenauer Katko Carbajal Cline Hice (GA) Walker Crawford Lesko Watkins Fitzpatrick Keating Ca´ rdenas Cloud Higgins (LA) Weber (TX) Crenshaw Long Weber (TX) Fleischmann Kelly (IL) Carson (IN) Collins (GA) Hudson Wilson (SC) Curtis Loudermilk Wenstrup Fletcher Kelly (MS) Carter (TX) Comer Jordan Womack Davidson (OH) Luetkemeyer Westerman Fortenberry Kennedy Cartwright Crawford King (IA) Wright DesJarlais Marchant Williams Foster Khanna Case Davidson (OH) LaHood Yoho Duncan Marshall Wilson (SC) Foxx (NC) Kildee Casten (IL) Emmer Massie Womack Frankel Kilmer Castor (FL) NOT VOTING—17 Estes McAdams Woodall Fudge Kim Castro (TX) Ferguson McCarthy Wright Gaetz Kind Aderholt Kelly (PA) San Nicolas Chabot Fleischmann McClintock Young Gallagher King (NY) Gabbard Lieu, Ted Serrano Cheney Flores McKinley Zeldin Gallego Kinzinger Gooden Meuser Smucker Chu, Judy Garamendi Kirkpatrick Hunter Perry Thompson (PA) NOT VOTING—17 Cicilline Garcı´a (IL) Krishnamoorthi Joyce (PA) Radewagen Wasserman Cisneros Garcia (TX) Kuster (NH) Keller Rooney (FL) Schultz Aderholt Kelly (PA) San Nicolas Clark (MA) Gianforte Kustoff (TN) Gabbard Lieu, Ted Serrano Clarke (NY) Gibbs LaMalfa ANNOUNCEMENT BY THE ACTING CHAIR Gooden Meuser Smucker Clay Golden Lamb Hunter Perry Thompson (PA) Cleaver Gomez Lamborn The Acting CHAIR (during the vote). Joyce (PA) Radewagen Wasserman Clyburn Gonzalez (OH) Langevin Keller Rooney (FL) Schultz There is 1 minute remaining. Cohen Gonzalez (TX) Larsen (WA) ANNOUNCEMENT BY THE ACTING CHAIR Cole Gonza´ lez-Colo´ n Larson (CT) Conaway (PR) Latta b 1734 The Acting CHAIR (during the vote). Connolly Gottheimer Lawrence There is 1 minute remaining. Cook Granger Lawson (FL) So the amendment was agreed to.

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.040 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10004 CONGRESSIONAL RECORD — HOUSE December 10, 2019 The result of the vote was announced Carson (IN) Hoyer Peters The Acting CHAIR. There being no Carter (GA) Huffman Peterson as above recorded. Cartwright Jackson Lee Phillips further amendments under the rule, AMENDMENT NO. 29 OFFERED BY MR. JOHNSON Case Jayapal Pingree the Committee rises. OF LOUISIANA Casten (IL) Jeffries Plaskett Accordingly, the Committee rose; The Acting CHAIR. The unfinished Castor (FL) Johnson (GA) Pocan Castro (TX) Johnson (TX) Porter and the Speaker pro tempore (Mr. business is the demand for a recorded Chu, Judy Joyce (OH) Posey HECK) having assumed the chair, Mr. vote on the amendment offered by the Cicilline Kaptur Pressley PAYNE, Acting Chair of the Committee gentleman from Louisiana (Mr. JOHN- Cisneros Katko Price (NC) of the Whole House on the state of the Clark (MA) Keating Quigley SON ) on which further proceedings were Clarke (NY) Kelly (IL) Raskin Union, reported that that Committee, postponed and on which the noes pre- Clay Kennedy Rice (NY) having had under consideration the bill vailed by voice vote. Cleaver Khanna Richmond (H.R. 729) to amend the Coastal Zone The Clerk will redesignate the Clyburn Kildee Rose (NY) Management Act of 1972 to authorize Cohen Kilmer Rouda amendment. Connolly Kim Roybal-Allard grants to Indian Tribes to further The Clerk redesignated the amend- Cooper Kind Ruiz achievement of Tribal coastal zone ob- ment. Correa King (NY) Ruppersberger jectives, and for other purposes, and, Costa Kirkpatrick Rush pursuant to House Resolution 748, he RECORDED VOTE Courtney Krishnamoorthi Rutherford The Acting CHAIR. A recorded vote Cox (CA) Kuster (NH) Ryan reported the bill, as amended by that Craig Lamb Sablan resolution, back to the House with sun- has been demanded. Crist Langevin A recorded vote was ordered. Sa´ nchez dry further amendments adopted in the Crow Larsen (WA) Sarbanes The Acting CHAIR. This will be a 2- Cuellar Larson (CT) Scanlon Committee of the Whole. minute vote. Cunningham Lawrence Schakowsky The SPEAKER pro tempore. Under Davids (KS) Lawson (FL) The vote was taken by electronic de- Schiff the rule, the previous question is or- Davis (CA) Lee (CA) Schneider vice, and there were—ayes 160, noes 259, Davis, Danny K. Lee (NV) Schrader dered. Dean Levin (CA) not voting 17, as follows: Schrier Is a separate vote demanded on any DeFazio Levin (MI) Scott (VA) [Roll No. 666] DeGette Lewis further amendment reported from the Scott, David DeLauro Lipinski AYES—160 Sewell (AL) Committee of the Whole? If not, the DelBene Loebsack Abraham Gonza´ lez-Colo´ n Nunes Shalala Chair will put them en gros. Delgado Lofgren (PR) Olson Sherman Allen Demings Lowenthal The amendments were agreed to. Gosar Palazzo Sherrill Amodei DeSaulnier Lowey Granger Palmer Sires The SPEAKER pro tempore. The Armstrong Deutch Luja´ n Graves (LA) Pence Slotkin Arrington Diaz-Balart Luria question is on the engrossment and Graves (MO) Ratcliffe Smith (NJ) Babin Dingell Lynch third reading of the bill. Green (TN) Reed Baird Doggett Malinowski Smith (WA) Griffith Reschenthaler The bill was ordered to be engrossed Balderson Doyle, Michael Maloney, Soto Grothman Rice (SC) Banks F. Carolyn B. Spanberger and read a third time, and was read the Guest Riggleman Barr Engel Maloney, Sean Speier third time. Guthrie Roby Bergman Escobar Marshall Stanton Hagedorn Rodgers (WA) The SPEAKER pro tempore. The Biggs Eshoo Mast Stefanik Harris Roe, David P. Bishop (NC) Espaillat Matsui Stevens question is on the passage of the bill. Hartzler Rogers (AL) Bishop (UT) Evans McAdams Suozzi Hern, Kevin Rogers (KY) The question was taken; and the Bost Finkenauer McBath Swalwell (CA) Herrera Beutler Rose, John W. Brady Fitzpatrick McCaul Takano Speaker pro tempore announced that Hice (GA) Rouzer Brooks (AL) Fletcher McCollum Thompson (CA) the ayes appeared to have it. Higgins (LA) Roy Buck Fortenberry McEachin Thompson (MS) Hill (AR) Scalise Mr. BISHOP of Utah. Mr. Speaker, on Bucshon Foster McGovern Timmons Holding Schweikert Budd Frankel McNerney Titus that I demand the yeas and nays. Hollingsworth Scott, Austin Burchett Fudge Meeks Tlaib Hudson Sensenbrenner The yeas and nays were ordered. Burgess Fulcher Meng Tonko Huizenga Shimkus The SPEAKER pro tempore. This is a Byrne Gaetz Moore Torres (CA) Hurd (TX) Simpson Gallego Morelle Torres Small 5-minute vote. Calvert Johnson (LA) Smith (MO) Garamendi Moulton (NM) Carter (TX) Johnson (OH) Smith (NE) The vote was taken by electronic de- Garcı´a (IL) Mucarsel-Powell Trahan Chabot Johnson (SD) Spano Garcia (TX) Murphy (FL) Trone vice, and there were—yeas 262, nays Cheney Jordan Stauber Golden Murphy (NC) Turner 151, not voting 17, as follows: Cline Kelly (MS) Steil Gomez Nadler Underwood Cloud King (IA) Steube Gonzalez (TX) Napolitano Upton [Roll No. 667] Cole Kinzinger Stewart Gottheimer Neal Van Drew Collins (GA) Kustoff (TN) Stivers YEAS—262 Graves (GA) Neguse Vargas Comer LaHood Taylor Green, Al (TX) Norcross Veasey Adams Cisneros Doggett Conaway LaMalfa Thornberry Grijalva Norman Vela Aguilar Clark (MA) Doyle, Michael Cook Lamborn Tipton Haaland Norton Vela´ zquez Allred Clarke (NY) F. Crawford Latta Wagner Harder (CA) O’Halleran Visclosky Axne Clay Engel Crenshaw Lesko Walberg Hastings Ocasio-Cortez Waltz Barraga´ n Cleaver Escobar Curtis Long Walden Hayes Omar Waters Bass Clyburn Eshoo Davidson (OH) Loudermilk Walker Heck Pallone Watson Coleman Beatty Cohen Espaillat Davis, Rodney Lucas Walorski Higgins (NY) Panetta Welch Bera Cole Evans DesJarlais Luetkemeyer Watkins Himes Pappas Wexton Bergman Connolly Finkenauer Duncan Marchant Weber (TX) Horn, Kendra S. Pascrell Wild Beyer Cooper Fitzpatrick Dunn Massie Webster (FL) Horsford Payne Wilson (FL) Bishop (GA) Correa Fletcher Emmer McCarthy Wenstrup Houlahan Perlmutter Yarmuth Blumenauer Costa Fortenberry Estes McClintock Westerman Blunt Rochester Courtney Foster Ferguson McHenry Williams NOT VOTING—17 Bonamici Cox (CA) Frankel Fleischmann McKinley Wilson (SC) Aderholt Kelly (PA) San Nicolas Boyle, Brendan Craig Fudge Flores Meadows Wittman Gabbard Lieu, Ted Serrano F. Crist Gaetz Foxx (NC) Miller Womack Gooden Meuser Smucker Brindisi Crow Gallego Gallagher Mitchell Woodall Hunter Perry Thompson (PA) Brooks (IN) Cuellar Garamendi Gianforte Moolenaar Wright ´ Joyce (PA) Radewagen Wasserman Brown (MD) Cunningham Garcıa (IL) Gibbs Mooney (WV) Yoho Keller Rooney (FL) Schultz Brownley (CA) Davids (KS) Garcia (TX) Gohmert Mullin Young Buchanan Davis (CA) Golden Gonzalez (OH) Newhouse Zeldin ANNOUNCEMENT BY THE ACTING CHAIR Bustos Davis, Danny K. Gomez Butterfield Dean Gonzalez (OH) NOES—259 The Acting CHAIR (Mr. PAYNE) (dur- Carbajal DeFazio Gonzalez (TX) Adams Bera Brindisi ing the vote). There is 1 minute re- Ca´ rdenas DeGette Gottheimer Aguilar Beyer Brooks (IN) maining. Carson (IN) DeLauro Green, Al (TX) Allred Bilirakis Brown (MD) Cartwright DelBene Grijalva Amash Bishop (GA) Brownley (CA) Case Delgado Haaland Axne Blumenauer Buchanan b 1737 Casten (IL) Demings Harder (CA) Bacon Blunt Rochester Bustos So the amendment was rejected. Castor (FL) DeSaulnier Harris Barraga´ n Bonamici Butterfield Castro (TX) Deutch Hastings Bass Boyle, Brendan Carbajal The result of the vote was announced Chu, Judy Diaz-Balart Hayes Beatty F. Ca´ rdenas as above recorded. Cicilline Dingell Heck

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.088 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H10005 Herrera Beutler McBath Schrier Schweikert Taylor Wenstrup have allowed unions to lose their power Higgins (NY) McCollum Scott (VA) Scott, Austin Thornberry Westerman and protect worker conditions. We Himes McEachin Scott, David Sensenbrenner Timmons Williams Horn, Kendra S. McGovern Sewell (AL) Shimkus Tipton Wilson (SC) have failed to increase the Federal Horsford McNerney Shalala Simpson Wagner Womack minimum wage. We have failed to pro- Houlahan Meeks Sherman Smith (MO) Walden Woodall vide funding for higher education. Smith (NE) Walker Hoyer Meng Sherrill Wright We need to get these rights back for Huffman Mitchell Sires Spano Watkins Yoho Huizenga Moolenaar Slotkin Steil Weber (TX) all Americans. We can regain the high Hurd (TX) Moore Smith (NJ) Stewart Webster (FL) ground in our struggle for human Jackson Lee Morelle Smith (WA) NOT VOTING—17 rights. Jayapal Moulton Soto Jeffries Mucarsel-Powell Spanberger Aderholt Keller Roy f Johnson (GA) Murphy (FL) Allen Kelly (PA) Serrano Speier RECOGNIZING STAFF MEMBER Johnson (TX) Nadler Stanton Gabbard Lieu, Ted Smucker Joyce (OH) Napolitano Stauber Gooden Meuser Thompson (PA) BETTY FORD Kaptur Neal Stefanik Hunter Perry Wasserman Katko Neguse (Mr. MULLIN asked and was given Steube Joyce (PA) Rooney (FL) Schultz Keating Norcross Stevens permission to address the House for 1 Kelly (IL) O’Halleran b 1747 Stivers minute.) Kennedy Ocasio-Cortez Suozzi So the bill was passed. Khanna Omar Mr. MULLIN. Mr. Speaker, I rise Swalwell (CA) Kildee Pallone The result of the vote was announced today to recognize a member of my Takano Kilmer Panetta as above recorded. Thompson (CA) staff and a true servant of Oklahoma, Kim Pappas The SPEAKER pro tempore. Without Betty Ford. Kind Pascrell Thompson (MS) King (NY) Payne Titus objection, a motion to reconsider is Betty has served southeast Okla- Kirkpatrick Perlmutter Tlaib laid on the table. homa, working as a congressional field Krishnamoorthi Peters Tonko Mr. HARRIS. Mr. Speaker, I object to Torres (CA) rep for 29 years. She has worked for Kuster (NH) Peterson the motion to lay on the table. Lamb Phillips Torres Small five different Members of Congress, in- Langevin Pingree (NM) The SPEAKER pro tempore. Objec- cluding myself. At the end of the year, Larsen (WA) Pocan Trahan tion is heard. Betty is going to retire. Trone Larson (CT) Porter MOTION TO RECONSIDER I know she is looking forward to Lawrence Pressley Turner Lawson (FL) Price (NC) Underwood Mr. HIMES. Mr. Speaker, I have a spending more time with her grandkids Lee (CA) Quigley Upton motion. and with her kids. While we will defi- Lee (NV) Raskin Van Drew The SPEAKER pro tempore. The nitely miss her, we wish her nothing Vargas Levin (CA) Reed Clerk will report the motion. Levin (MI) Rice (NY) Veasey but the best in her next chapter. Lewis Richmond Vela The Clerk read as follows: I thank Betty for serving with a serv- Lipinski Rose (NY) Vela´ zquez Mr. Himes moves to reconsider the vote on ant’s heart, and I thank her for all she Loebsack Rouda Visclosky passage of H.R. 729. has done for all of us in Oklahoma. Lofgren Roybal-Allard Walberg Lowenthal Ruiz Walorski MOTION TO TABLE May God bless her. Lowey Ruppersberger Waltz Ms. MCCOLLUM. Mr. Speaker, I have f Luja´ n Rush Waters a motion to table. Watson Coleman END THE USE OF HARMFUL BURN Luria Rutherford The SPEAKER pro tempore. The Lynch Ryan Welch PITS Malinowski Sa´ nchez Wexton Clerk will report the motion. Maloney, Sarbanes Wild The Clerk read as follows: (Mr. RUIZ asked and was given per- Carolyn B. Scanlon Wilson (FL) Ms. McCollum moves to lay the motion to mission to address the House for 1 Maloney, Sean Schakowsky Wittman minute and to revise and extend his re- Mast Schiff Yarmuth reconsider on the table. Matsui Schneider Young The SPEAKER pro tempore. The marks.) McAdams Schrader Zeldin question is on the motion to table. Mr. RUIZ. Mr. Speaker, many serv- icemembers and veterans across the NAYS—151 The question was taken; and the Speaker pro tempore announced that country who have been exposed to mili- Abraham Duncan LaMalfa the ayes appeared to have it. tary burn pits are becoming ill. Many Amash Dunn Lamborn are dying due to cancers and suffering Amodei Emmer Latta Mr. HARRIS. Mr. Speaker, on that I Armstrong Estes Lesko demand the yeas and nays. from severe pulmonary and auto- Arrington Ferguson Long The yeas and nays were ordered. immune diseases. Babin Fleischmann Loudermilk We have the chance to end the use of Bacon Flores Lucas The SPEAKER pro tempore. Pursu- Baird Foxx (NC) Luetkemeyer ant to clause 8 of rule XX, further pro- harmful burn pits this week with my Balderson Fulcher Marchant ceedings on this question will be post- two amendments in the National De- Banks Gallagher Marshall poned. fense Authorization Act for Fiscal Year Barr Gianforte Massie 2020. Biggs Gibbs McCarthy f Bilirakis Gohmert McCaul Our military uses burn pits to elimi- Bishop (NC) Gosar McClintock CELEBRATING HUMAN RIGHTS nate dangerous waste, including chemi- Bishop (UT) Granger McHenry DAY cals, jet fuels, and batteries, which can Bost Graves (GA) McKinley Brady Graves (LA) Meadows (Mr. PAYNE asked and was given emit toxic smoke containing carcino- Brooks (AL) Graves (MO) Miller permission to address the House for 1 gens and particulate matter. Buck Green (TN) Mooney (WV) minute and to revise and extend his re- In my district, we tragically lost to Bucshon Griffith Mullin pancreatic cancer Jennifer Kepner, a Budd Grothman Murphy (NC) marks.) Burchett Guest Newhouse Mr. PAYNE. Mr. Speaker, I rise 39-year-old Air Force veteran exposed Burgess Guthrie Norman today to celebrate Human Rights Day. to burn pits who left behind her hus- Byrne Hagedorn Nunes More than 70 years ago today, the band and two young children. Calvert Hartzler Olson Carter (GA) Hern, Kevin Palazzo United Nations established the funda- We must act now for veterans like Carter (TX) Hice (GA) Palmer mental human rights to be protected Jennifer, for their families, and for ev- Chabot Higgins (LA) Pence for every person in every nation, such eryone affected by burn pit exposure. Cheney Hill (AR) Posey as the right to liberty, freedom from My provisions in the NDAA require Cline Holding Ratcliffe Cloud Hollingsworth Reschenthaler slavery, and freedom of opinion. the Department of Defense to submit Collins (GA) Hudson Rice (SC) But there were rights added in 1976 to Congress an implementation plan to Comer Johnson (LA) Riggleman that bear repeating here today: the end the use of burn pits and to inform Conaway Johnson (OH) Roby Cook Johnson (SD) Rodgers (WA) right to work in just and under favor- Congress on all locations where burn Crawford Jordan Roe, David P. able conditions, the right to an ade- pits were used. Crenshaw Kelly (MS) Rogers (AL) quate standard of living, and the right These amendments are an important Curtis King (IA) Rogers (KY) to an education. step in the comprehensive plan to end Davidson (OH) Kinzinger Rose, John W. Davis, Rodney Kustoff (TN) Rouzer In the last few decades, we have the use of burn pits. We must do it DesJarlais LaHood Scalise failed to live up to these rights. We now.

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A10DE7.043 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10006 CONGRESSIONAL RECORD — HOUSE December 10, 2019 b 1800 Again, on behalf of the 39th Congres- I thank the ACES program, Barbara REMEMBERING CRAIG HARNEY sional District, I want to congratulate Rheault, and the Mullica Township both Sunny Hills and Esperanza High School District for providing this edu- (Mr. CARTER of Georgia asked and Schools for two outstanding champion- cational experience for our youth. I am was given permission to address the ship seasons. proud of them. House for 1 minute and to revise and f f extend his remarks.) Mr. CARTER of Georgia. Mr. Speak- HONORING OFFICER KEN FOLEY PAYING TRIBUTE TO DR. C.O. er, I rise today to remember the life of (Mr. SPANO asked and was given per- SIMPKINS, SR. Mr. Craig Harney, who passed away on mission to address the House for 1 (Mr. JOHNSON of Louisiana asked November 30 at the age of 65 after bat- minute and to revise and extend his re- and was given permission to address tling cancer. marks.) the House for 1 minute and to revise Mr. Harney was a stalwart of Savan- Mr. SPANO. Mr. Speaker, I rise to and extend his remarks.) nah journalism—unbelievably dedi- honor a local police officer, husband, Mr. JOHNSON of Louisiana. Mr. cated to his craft at WTOC—and large- father, and respected community mem- Speaker, I rise today to pay tribute to ly responsible for making WTOC the ber: Ken Foley. a true Louisiana icon, Dr. C.O. Southeast news leader. In 1990, Officer Foley joined the Simpkins, Sr., a doctor, veteran, dis- He began at the news station 40 years Lakeland Police Department following tinguished public servant, and civil ago, while a student in college, with a 8 years with the United States Marine rights leader, who passed away last part-time job answering the phone. By Corps. Last week, on December 4, after week. Doctor Simpkins, a proud native of the end of his career, he had worked his 29 years of distinguished service, his Mansfield, Louisiana, leaves behind a way up to become WTOC’s creative di- career and his life here on this Earth rector and, at different points, held wonderful legacy of service to his fel- came to an end as he died unexpectedly low Louisianians: He defended our Na- nearly every position at the station. while on duty. tion as a captain in the United States His colleagues remember that he Police Chief Ruben Garcia shared Air Force; he treated our families as a knew how to get to the heart of the that Foley was an ‘‘everyday first re- beloved dentist; and he served honor- story and that he was interested in sponder and definitely one of our local ably as a member of the Louisiana doing everything he could to help shine heroes.’’ House of Representatives. a light on what made our community Officer Foley was active in the com- Dr. Simpkins’ greatest impact was so special. It was this effort and talent munity, and he knew it well. Lakeland unquestionably in the fight for civil that he put into his stories, which residents flooded social media with rights. He was a friend and contem- made our area a better place to live anecdotes about Officer Foley’s infec- porary of the Reverend Dr. Martin Lu- and exemplified Mr. Harney as a true tious smile, his compassion, and his ther King; he was a founder of the Savannahian. unique ability to connect with people. Southern Christian Leadership Con- His vibrant personality, always me- Officers like Ken Foley make me ference; and he was a tireless advocate andering throughout our communities proud of my community and grateful for freedom, justice, and equality. in search of stories to highlight, is sim- for the daily sacrifices of our first re- Today I am honored to join my col- ply irreplaceable. sponders. leagues from the Louisiana delegation My thoughts and prayers will be with So, to Officer Foley’s family, his to introduce legislation to designate a his family, friends, and all of his col- friends, and the entire Lakeland Police U.S. Post Office in Dr. Simpkins’ name leagues at WTOC during this most dif- Department: Our prayers are with you in his hometown of Mansfield. It is a ficult time. all. May God bless, comfort, and keep small but sincere gesture of apprecia- f you during this difficult time. tion for a good man whose legacy lives f on in our Nation, our State, and our CONGRATULATING SUNNY HILLS communities. HIGH SCHOOL AND ESPERANZA MULLICA TOWNSHIP ACES Godspeed, Dr. Simpkins. HIGH SCHOOL PROGRAM f (Mr. CISNEROS asked and was given (Mr. VAN DREW asked and was given CONGRATULATIONS TO LA SALLE permission to address the House for 1 permission to address the House for 1 HIGH SCHOOL minute and to revise and extend his re- minute and to revise and extend his re- marks.) marks.) (Mr. CHABOT asked and was given Mr. CISNEROS. Mr. Speaker, I rise Mr. VAN DREW. Mr. Speaker, today permission to address the House for 1 today to congratulate two high schools I want to acknowledge the Mullica minute.) in my district on their CIF Southern Township ACES program, a school dis- Mr. CHABOT. Mr. Speaker, I rise this Section football championships. trict initiative in south Jersey. It is an evening to congratulate my alma mater, La Salle High School, for win- I offer my sincere congratulations to initiative started by Barbara Rheault ning their fourth Ohio Division II foot- Sunny Hills High School’s Lancers that provides academic aid and enrich- ball championship in the last 6 years. from Fullerton for their win in the CIF ment to students after school hours. They defeated a tough Masillon Wash- Southern Section Division 8 final. The ACES program started in ington High School team 34–17. I also want to congratulate the Mullica Township, south Jersey, 12 I was particularly pleased to see La Esperanza High School Aztecs for their years ago thanks to grant funds for a Salle bring home another champion- win in the CIF Southern Section Divi- 21st Century Community Learning ship since I played defensive line for sion 13 final. Center from the New Jersey Depart- the Lancers back in the day, and my We are all especially proud of both ment of Education. brother, Dave, 10 years later, played schools for their amazing run through This after-school program is vital to defensive back. the playoffs. This is both Sunny Hills’ south Jersey because it provides after- Congratulations to Coach Pat and Esperanza’s first CIF champion- school care to students that balances McLaughlin, his coaching staff, the ships since 1972. Their championships academic opportunities and rec- players, parents, students, and fans. speak to the leadership of their head reational activities. At ACES, students You made the school and all of Cin- coaches, Pete Karavedas and Wes have time to complete their homework cinnati proud. Lancers roll deep. Choate, and their respective coaching and participate in sports or other Mr. Speaker, I would also like to con- staffs. games and activities, which cultivates gratulate the Cincinnati Elder Pan- But, more importantly, these cham- both their academic and social develop- thers, who had a great season as well pionships were possible due to the dedi- ment. but came up just short of winning the cation, commitment, and teamwork of ACES also offers additional tutoring, Ohio Division I championship. the players. I have no doubt that this is counseling, and health-safety edu- My nephews, Joey and Mikey Del just the beginning of continued success cation so every student has access to Prince, played for Elder a few years for both programs. whatever they need to achieve success. back.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.096 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H10007 Don’t get too down, guys. You will Central planning in Germany, Italy, Democratic socialism, to me, is get them next year. Go Panthers. and Japan before World War II and in about democratic control of every sin- f the Soviet Union and China in the gle facet of our life. That is one way of postwar, Cold War era, invariably re- putting it; certainly, another is tyr- THE BLESSINGS OF FREE sulted in soul-destroying and liberty- anny. ENTERPRISE AND CAPITALISM crushing totalitarianism. b 1815 The SPEAKER pro tempore (Mr. To paraphrase Hayek, fascism, com- DELGADO). Under the Speaker’s an- munism, and so-called democratic so- So during the last 3 years through nounced policy of January 3, 2019, the cialism are merely variants of the tax cuts, deregulation, unleashing gentleman from Kentucky (Mr. BARR) same totalitarianism which central America’s energy and easing restric- is recognized for 60 minutes as the des- control of all economic activity tends tions on credit markets by rolling back ignee of the minority leader. to produce. Dodd-Frank’s one-size-fits-all rules, we Mr. BARR. Mr. Speaker, tonight we Socialist Parties may not delib- have witnessed a rebirth of freedom find ourselves at a crossroads in the erately aim for a totalitarian regime, and free enterprise. We have witnessed history of our great Nation, a nation but the experience of history teaches a reinvigoration of America’s first founded upon the simple, self-evident us that the unforeseen but inevitable principles and a very fortunate move truth that we are endowed by our Cre- consequences of socialist planning cre- away from socialism. The result has ator ‘‘with certain unalienable rights, ate a state of affairs in which, if the been an American worker boom, but if that among these are life, liberty, and policy is to be pursued, totalitarian we retreat from these hard-fought the pursuit of happiness—that to se- forces will get the upper hand. gains, we will return to the road to cure these rights, governments are in- Economic planning necessarily re- serfdom. stituted among men, deriving their quires coercion and uses of compulsion The socialist policies of today with just powers from the consent of the upon individuals in ways that deprive populous names like: Medicare For All, governed.’’ them of freedom of choice. As author the Green New Deal, the Lower Drug With those words, the Declaration of Charles C. W. Cooke recently wrote, Costs Now Act, the Wall Street Tax Independence gave birth to a new na- ‘‘Socialism Is Not Democratic.’’ Act, the Stop Wall Street Looting Act, tion rooted in the principles of limited Ascendant elements within the these pieces of legislation are all a dan- government, individual freedom, and American left are engaged in a sus- ger to a free society. They are nothing the rule of law through self-govern- tained attempt to reintroduce and re- more than central planning schemes ment, and it set into motion the great- habilitate the word ‘‘socialism,’’ in that accumulate power in the govern- est experiments in human freedom and part by prepending to it a word that ment at the expense of the people, and prosperity the world has ever known. has a much better reputation and an in ways that rely on administrative co- That is largely because our Constitu- infinitely better historical record: ercion, force and discrimination, and tion protected those principles through through measures which are entirely separation of powers, federalism, and ‘‘democratic.’’ Voters should not be fooled by the re- incompatible with a free society. the Bill of Rights. If you think that a transition to so- Just as the Constitution protected branding, for there is no sense in which cialist policies won’t pose a danger to political freedom, it also protected our socialism can be made compatible with our economy, I would urge you to re- economic freedom and enabled the democracy. At worst, socialism eats view the so-called Accountable Cap- American people to flourish through democracy and is swiftly transmuted italism Act, offered by Senator and entrepreneurship, business, and private into tyranny and deprivation. But, at candidate-for-President, ELIZABETH enterprise operating in a free market. best, socialism stamps out individual WARREN. In short, Mr. Speaker, American cap- agency, places civil society into a The bill is a wish list of socialist italism, as enabled by the United straight jacket of uniform size, and ideas aimed to shackle government en- States Constitution, has delivered the turns representative government into a terprise with government control. The most free, prosperous, and successful chimera. bill would require any company over $1 country in the history of the world. The U.S. Constitution is crystal clear But today, those principles of free en- on the appropriate role of government. billion in revenue to be chartered by terprise and capitalism are under at- And government that it permits is in- the Federal Government and allow the tack, and that experiment in liberty is compatible with and insufficient to Federal Government to relinquish that threatened by leftwing politicians who sustain socialism. charter at any time through opaque are openly embracing socialism, de- Just as the individual right to free rules. The bill gives control to the gov- fenders of central planning in the speech is widely comprehended as part ernment to determine who serves on a media and in the academy, and even of what we mean by democracy rather company’s board and whose interests some business leaders who are calling than as an unacceptable abridgement that board must satisfy. for a redefinition of the purpose of a of majority rule, so the individual Senator WARREN went so far as to corporation. rights protected in property and by send letters to CEOs of some of Amer- So, today, my colleagues and I, mem- markets are necessary to the mainte- ica’s largest and most successful busi- bers of the Republican Study Com- nance of a democratic order in this nesses stating that she, ‘‘expects them mittee, join the debate. We join the de- deeper sense of the word. to support her bill.’’ With this burden bate between staying on the road of In the West, choosing to trade with a of government control over its oper- capitalism, prosperity, and freedom person in another country is, itself, a ations, where is the incentive for busi- versus going down a much different democratic act. ness to expand? Where is the incentive path, what Austrian-British economist Electing to start a company in your for Americans to innovate? Where is and philosopher Friedrich August von garage with no need for another’s im- the incentive for Americans to risk Hayek called ‘‘The Road to Serfdom,’’ primatur is, itself, a democratic act. their capital in entrepreneurship? in which he spelled out a vivid warning Banding together to establish a coop- Where is the incentive to increase rev- to the socialist intelligentsia in Eng- erative is, in itself, a democratic act. enue or create new jobs? land that an experiment with socialist Selecting the vendor from which you Presidential candidate, BERNIE SAND- policies would result in the same disas- source your goods and services and ERS, said that we should wage a moral trous outcomes that had destroyed lib- choosing which to buy from, it is, and political war against corporate erty in Germany and Russia. itself, a democratic act. leaders. The experience of history is clear: Keeping the lion’s share of the fruits The gentlewoman from New York, Whenever and wherever socialism has of your labor is, itself, a democratic our colleague, Ms. OCASIO-CORTEZ, been tried and put into place, it has re- act. called capitalism, ‘‘irredeemable.’’ sulted in a loss of individual freedom, So, when the government steps in These arrogant attitudes of our Na- economic stagnation, diminished pro- with their bayonets and say no, they tion’s elected representatives threaten ductivity, deprivation and shortages, are, in effect, keeping your choices off the very principles of limited govern- misery, and death. the ballot. ment and individual freedom on which

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.097 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10008 CONGRESSIONAL RECORD — HOUSE December 10, 2019 our country was founded, and they law; things like peace through for that stirring story, and I appreciate compromise the path to prosperity strength, fiscal responsibility, free what he had to say. Every generation that a capitalist system creates. markets, and human dignity. And in America has had to fight for freedom Tonight, Mr. Speaker, we will explore those are all of the values that social- and fight for free enterprise. the extent to which socialism destroys ism steamrolls. Those are the ideals And I am reminded by a couple gen- freedom and crushes the human soul, that this country was founded on, and erations after the Founding Fathers and we will examine how socialism, far they have to remain the foundation for when our 16th President, Abraham Lin- from delivering on its promise to help everything we do because it is central coln, in fighting for capitalism freedom people struggling in poverty, that so- to our identity. said this: cialism itself produces poverty. It pro- Unfortunately, now more than ever, You cannot help the poor by destroying the duces famine and misery and corrup- there is this false message that has rich. You cannot strengthen the weak by tion. taken root, one that says government weakening the strong. You cannot bring And we will also, on the flip side, in is better, that more government is about prosperity by discouraging thrift. You even greater. Most of those running for cannot lift the wage earner up by pulling the contrast, we will examine capitalism wage payer down. You cannot further the and how free enterprise and the bene- President in 2020 on the Democrat side brotherhood of man by inciting class hatred. fits that it creates helps individuals of the aisle are promising free You cannot build character and courage by and businesses thrive, how it is the healthcare and free education, and taking away people’s initiative and inde- American Dream and how pro-growth, some are going as far as actually prom- pendence. You cannot help people perma- free and fair market policies beget in- ising free money to every American on nently by doing for them what they could novation, opportunity, and prosperity. a monthly basis for those who put their and should do for themselves. Abraham Lin- Mr. Speaker, I yield to my col- trust in the government. coln. leagues, beginning with the gentleman The problem is, the government was And now, I yield to the gentleman from Louisiana (Mr. JOHNSON), my never intended to be our savior. Our from Virginia (Mr. WITTMAN), my friend and the chairman of the Repub- Founding Fathers built this Republic friend from the Commonwealth and a lican Study Committee, a champion of on strong convictions that every Amer- great patriot. free enterprise and a proud opponent of ican is entitled to individual freedom Mr. WITTMAN. I thank the gen- tleman from Kentucky for his stout socialism. and they should never be controlled or Mr. JOHNSON of Louisiana. I truly owned or dictated to by the govern- and devout effort to highlight the dif- ferences between socialism and cap- thank my friend, Congressman BARR, ment. In fact, Thomas Jefferson said for hosting this Special Order. I ap- the following during his first inaugural italism. Just as you have heard, this really is plaud the sentiments that he just address: a stark difference. It really is about shared. I associate myself with them ‘‘What more is necessary to make us what was this Nation founded upon. and the conviction that he has. I cer- happy and a prosperous people? Still one thing more, fellow citizens—a wise What was it that our Founding Fathers tainly share it, and I know so many of had in mind that was so important to my colleagues, at least on this side of and frugal government, which shall re- strain men from injuring one another, who we are? What were they doing to the aisle, do as well. escape other systems of government to In 1923, there was an average, middle- shall leave them otherwise free to reg- ulate their own pursuits of industry come here to create what has been and class family man named Roy Otis Mar- will continue to be the most accommo- tin, who bought a rundown lumber mill and improvement, and shall not take from the mouth of labor the bread it dating and perfect form of government in Alexandria, Louisiana. He worked ever created? And why has it survived hard. He established it, he expanded it. has earned.’’ There are two competing visions for longer than any other form of govern- He ultimately transformed it into one America today, and that is the bottom ment? of the largest economic generators for line. The contrast is becoming ever It is because it highlights and allows our State. more crystal clear. You simply cannot the human spirit to prevail in all situa- This is what makes America great. be for individual freedom and liberty tions. And if you look at just what the This is true freedom. This is real op- and also be for socialism. Those are definition of socialism is, it does, I portunity. And it is a story that has mutually exclusive pursuits. You sim- think—for anybody out there who been repeated so many countless times ply can’t have both. looks at this—it does give them pause. throughout our Nation’s rich history. Socialism is the antithesis of every- If you look at Merriam-Webster, the However, many Americans, particu- thing we stand for in America, begin- definition of socialism is: ‘‘Any of var- larly our younger generation, seem to ning with our national motto, in- ious economic and political theories be losing hold of these values. scribed right there above the Speaker’s advocating collective or governmental There was a survey that just came head. ownership and administration of the out this past March; we all lamented Do you know that socialists sneer at means of production and distribution the findings: 49.6 percent—almost 50 the motto ‘‘In God we trust?’’ You of goods.’’ percent—of millennials and members of know why? Because as social Demo- So rather than an individual saying: Generation Z responded to this poll and crat-turned Communist hero and So- Hey, listen, I have got an idea. I am said that they would, ‘‘prefer living in viet Union Premier, Vladimir Lenin, willing to risk my resources. I am will- a socialist country.’’ It is shocking. explained in 1905, this is what he wrote: ing to put everything I have into this Just last month, there was another ‘‘There is nothing more abominable to succeed under a system of cap- poll that came out. It found that 70 than religion.’’ Every socialist is, as a italism. Under a system of socialism it percent of millennials say they are rule, an atheist. would be: No, no, no, sorry. The gov- likely to vote socialist; 15 percent of But now is the time for us to articu- ernment is going to be in control of millennials think the world would be a late with clarity, conviction, and con- this, and if the government sees this as better place if the Soviet Union still sistency exactly what our Founders a good thing, then it will allow it to go existed. Only 57 percent of millennials stood for, what America is for, who we forward. believe the Declaration of Independ- are, and why we are exceptional. Another definition: ‘‘A system of so- ence better guarantees freedom and I close by just thanking, again, the ciety or group living in which there is equality over the Communist Mani- gentleman from Kentucky for putting no private property.’’ festo. These are just shocking numbers, this Special Order together at such a Think about that. I want everybody and they are really frightening, be- critical hour in our Nation’s history. out there to think about this, cause it is this mindset that is the an- And we will continue to fight whole- millennials and otherwise, a system tithesis of everything that our Found- heartedly against socialism, so that all where there is no private property. ers fought for. Americans can have the same oppor- Think about what your life would be What do we stand for in America? We tunity that our forefathers had to turn if there were no private property—your stand for core American principles, the lumber mills into legacies. home, your automobile, all this idea of principles of individual freedom and Mr. BARR. Mr. Speaker, I thank my collectivism is the underpinnings of so- limited government and the rule of friend, the gentleman from Louisiana cialism.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.099 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H10009 Another definition: ‘‘A system or named as one of the top places to do need to be to make sure that our envi- condition of society in which the business in 2019, and it is because the ronment is clean and we are doing the means of production are owned and State legislature has enabled busi- best job possible in using our energy controlled by the State.’’ nesses to prosper. resources. So if you have a business and you are In total, the cost to the taxpayer is b 1830 very good at what you do, just as Mr. unbelievable: $93 trillion, or $600,000 per JOHNSON pointed out, that business in They have created the right mix of family, across the Nation. That is not Louisiana that the man was very good leveling the playing field through regu- the highest and best provider of human at building a company that met the lation for businesses, not being over needs, and I understand human needs. needs of folks that needed building sup- regulatory but making sure that we Socialism threatens to destroy the plies. Sorry, if it is under socialism, create a fair and level playing field. very foundation of our great Republic, the production there at that company That is, indeed, the role of government. the foundation that men and women, is going to be controlled and owned by That will not happen under a system since our birth, have fought and died the State. of socialism where a government is in for, that idea. That idea that has made Now, think about that. Think about complete control. That is counter to our Nation great and will continue to those elements and what has made this what made our Nation great. make our Nation great is an idea about Nation great. This Nation has not been We know that the proposals being individual liberties and freedoms, that made great by having things under made by the other side that espouse is, unleashing the power of individuals government control. It is the innova- these elements and underpinnings of to pursue their dreams, to take their tion, it is the creation, it is the will- socialism include things like Medicare innovative and creative skills and do ingness to take risks by individuals for All, which is a taxpayer-funded, more. across this Nation that have provided government-run healthcare system And they have made this Nation for the Nation we are today, and I be- that, by conservative estimate, would what it is today. It is through this cap- lieve it is the greatest provider of cost tens of trillions of dollars and italist idea of limited government, of human needs. In fact, our system of would force 158 million Americans off limited regulation, of unlimited oppor- capitalism which operates in a free their private or employer-based tunity that creates economic pros- market system, in what we know as healthcare plans. perity. As all of us look at where this Nation the free enterprise system, is the most As I talked to folks, they said, ‘‘Lis- goes, we ought to be looking at ena- productive supplier of human needs and ten, give me the choice. I want that in- bling individuals, and the system of economic justice. dividual liberty and freedom,’’ that capitalism does that. You hear a lot today about economic which comes to them under our Con- Our Constitution, the greatest gov- justice. Oh, my gosh, there has to be stitution. They want to be able to erning document ever put together, is economic justice. Economic justice is choose. They don’t want the govern- ment in control. Yet, under socialism, the roadmap for that continued great- provided by the will and creativity of ness. You won’t find anywhere in the individuals in being able to pursue the government is in control. Other measures that include the Declaration of Independence, anywhere what falls within their realm of tal- in our U.S. Constitution any mention ents. How can they take what they Green New Deal and a plan to require taxpayers to subsidize Federal elec- of any principle of socialism. have as individuals, whether it is re- You will find throughout that, tions put the government in control, sources or talents and make the most though, preserving individual liberties the government in the driver’s seat. of those? That is what has made our and freedoms, making sure that we are So, the ability to self-determine, the Nation great. That is the system of meeting the needs of individuals and ability to say, ‘‘Listen, there are some government that beyond all others has making sure the government is there shown through history to be extraor- things that I can do if the government to protect those individual liberties dinarily successful. would just make sure that, in the regu- and freedoms that we received from our It has made us the Nation we are latory realm, they level the playing Creator. today. And it is our job as legislators field, make sure they don’t take too That is what has made our Nation to point that out, to make sure we en- much of what I earn in order to run the great. That is what will continue to able this system of government to do government,’’ so that they can, indeed, make it great. That is what we all need even more. We look at our economy be successful. to make sure that we communicate so today, and we understand that govern- Those are the underpinnings of a suc- that we can continue what is and will ment needs to get out of the way. Gov- cessful government, a successful sys- continue to be the greatest Nation the ernment needs to be an enabler, gov- tem of free enterprise, a system of cap- world has ever known. ernment needs to make sure that we italism that provides for the needs of I thank Mr. BARR so much for the op- allow for the creativity and innovation citizens of our Nation. portunity this evening to speak about that again makes this Nation great. It The Green New Deal would dictate what truly is a contrast between the is our job to encourage those busi- what Americans can eat and where principles of our Republic that oper- nesses to thrive instead of subjecting they can travel and how they can ates within a democracy, that system them to additional regulations. power their homes and what they can of capitalism versus socialism, and why You know the element of deregula- do to make a living and what they can we know it has made and will continue tion has been phenomenal. And if you buy and so much more. It controls to make this Nation great. talk to businesses today, they love it that. Mr. BARR. I thank my friend from because they say, Listen, you unleash Again, the idea under the Green New Virginia for his passionate defense of that entrepreneurial spirit. You un- Deal is the government is in control. free enterprise and illuminating the leash the willingness for us to take a Let me tell you, if we are going to be true cost of socialism, and not just the risk. You unleash us being innovators a nation where we have energy inde- $93 trillion price tag that he men- and creators and doing things that oth- pendence, where we look at having tioned, but the true cost, which is the erwise wouldn’t be possible under a cleaner air, where we look at making cost of our very freedom by empow- system of socialism. sure that we do things that are envi- ering government at the expense of the We just saw here recently the jobs re- ronmentally responsible, it is people. port. We have a record unemployment unleashing the innovation and creation At this time, to continue our discus- rate being at record low levels. We look that comes to us under a system of free sion, Mr. Speaker, I would like to rec- at employment in all sectors of our so- enterprise that will do more than, I ognize a true capitalist. Who better to ciety being at record highs. We look at argue, any government-dictated sys- defend the system of capitalism than a wage growth increasing—all of those tem. man who is, himself, a businessman, an things happening under our system of So the Green New Deal, saying gov- entrepreneur, a risk-taker, a capitalist: free enterprise. ernment is going to mandate this and my good friend and a terrific member I will go to Virginia and look at what mandate that, actually, I think, takes of the Financial Services Committee, is happening in Virginia. Virginia was us longer to get to the place where we Congressman ROGER WILLIAMS.

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.100 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10010 CONGRESSIONAL RECORD — HOUSE December 10, 2019 Mr. Speaker, I yield to the gentleman They are, overwhelmingly, capital- manitarian crisis unfolding in Ven- from Texas (Mr. WILLIAMS). ists because, under capitalism, individ- ezuela, socialism has brought about Mr. WILLIAMS. Mr. Speaker, I thank uals own their work because they are mass suffering, human rights viola- Mr. BARR for yielding time to me and incentivized by greater gain. It is a tions, and rampant corruption. No for being here today with us so we can system that rewards innovation be- other form of government has brought talk about what really makes this cause it maintains demand for the best about such tragic results. country so great. products and demand for the best price. Capitalism has stood the test of time, I rise today to make the case against These ideals translate into the core of fueled by individual freedom and free socialism because it is not compatible the American economy. market competition. The United States with freedom. If you have got it, they Capitalism is the American Dream; has flourished because of capitalism, want it. Socialists want the free stuff; socialism is the American scheme. becoming the world’s largest economy capitalists want the good stuff. Neighbor-owned businesses like bak- and providing economic opportunity Let’s look back in history at the di- eries, coffee shops, florists, auto repair for hundreds of millions of citizens. vide between those who destroyed stores, and boutiques are the lifeblood We must stand for capitalism. With- human potential and those who em- of our communities. In short, they are out it, humanity will recede and our powered others to stand on their own simply called Main Street America. progress will slow. feet and make a difference. And it was built by men and women I call your attention to the thou- I have created an all-star team to- who wanted to reach for more because, sands of men and women who have night. On the socialist all-star team, at the end of the day, we inherently served in uniform and some who gave you will recognize names like Vladimir possess a desire to dream bigger and to all in an effort to protect the freedoms Lenin, Karl Marx, Hugo Chavez, and dream bolder. that we enjoy. Fidel Castro, all proponents of social- Socialism doesn’t work in our small Mr. Speaker, I never thought that I ism who promised their people would towns. What is happening in Caracas, would feel the need to speak out be provided for if small amounts of in- Venezuela, is not what we want in against socialism before this great dividual liberty were forfeited. Cleburne, Texas. body, but I will do so so that genera- Instead, they left men, women, and In the end, socialism fails because it children starving in the streets and tions to come will enjoy the same op- is based on the false promise of cer- portunities for prosperity that my gen- stuffed their pockets with money from tainty. It is a failed system because it other people. These failed socialist re- eration was afforded. is unable to excite the human spirit. I thank the gentleman again for this gimes drove their countries into the The bottom line is it is a downer. It opportunity. ground, some of which have never re- is a total loser. America will never be Mr. BARR. Mr. Speaker, I want to covered. a socialist country because the fabric personally thank the Congressman and On the capitalist all-star team, you of our Nation is soaked in the moral millions of Americans of his generation will recognize names like Adam Smith, imperatives of responsibility, pride, and those servicemen and -women who Ronald Reagan, George Bush, Jack and discipline. answered the call and served their Kemp, Henry Ford, and Donald Trump, In closing, I want to ask this body country and fought to defend our free- all proponents of capitalism who pro- and the millions of people we rep- dom. Future generations of Americans moted the ideas of individual responsi- resent: Which team do you want to be are eternally grateful for his service bility and free enterprise. on? Do you want to be on Ronald Rea- and sacrifice. Now, this team recognized that what gan’s team, or do you want to be on Mr. Speaker, at this time, I look for- sets America apart from the rest of the Fidel Castro’s team? world is the drive to reach our fullest Let’s take the days on, not take the ward to hearing from my good friend potential, coupled with a free-market days off. from the State of Texas, Congressman economy. May God bless Texas, my State, and JODEY ARRINGTON, who, once again, Risk and reward are a big deal to may God continue to bless the land of joins us in defense of freedom and tra- capitalists. They want a hand up. opportunity, the greatest land in the ditional American values of limited Guarantees are a big deal to socialists. world, the one we love to call home, government and free enterprise and They want a handout. the United States of America. stands firmly in opposition to the Capitalism is about taking responsi- Mr. BARR. Mr. Speaker, I thank my bankruptcy of socialism. bility for what you create and making friend from Texas for his terrific state- Mr. Speaker, I yield to the gentleman it even greater. We are a nation of op- ment in defense of the American from Texas (Mr. ARRINGTON). portunity and incentive, and because of Dream and capitalism and freedom. Mr. ARRINGTON. Mr. Speaker, I those principles, we are a nation of Mr. Speaker, if I could inquire how thank my dear friend from the Com- hope, where everyone can benefit. much time I have remaining. monwealth of Kentucky, a stalwart Capitalists believe in individual in- The SPEAKER pro tempore. The gen- when it comes to freedom, a champion tegrity and the dignity of reaping re- tleman from Kentucky has 25 minutes of free people, free States, and free ward from hard work. It is the greatest remaining. markets. And I appreciate my dear force in the history of our world for Mr. BARR. Mr. Speaker, at this time, friend for hosting this very important lifting people out of poverty, and we I would like to recommend a true pa- and timely discussion to articulate the must instill this value in future gen- triot to his country; a veteran who has virtue and the values of freedom. erations. served his country; a man, quite frank- It is hard to believe we can stand in Now, the version of shiny, progres- ly, who has fought communism and so- this great Chamber with any need to sive socialism that we see touted by cialism in Southeast Asia; a great distinguish between a free system and Democrats promises equality and pros- American hero from the great Hoosier a free country and what happens when perity. They sell these lies to everyone, State of Indiana, Congressman JIM you lose those freedoms. that everyone can succeed if there is a BAIRD. central power regulating fairness. Well, Mr. Speaker, I yield to the gentleman b 1845 that central power, remember, runs from Indiana (Mr. BAIRD). Amtrak and it runs the post office. Mr. BAIRD. Mr. Speaker, I thank the America is the most powerful, most Now, fairness could not be further gentleman for the opportunity to ex- prosperous, and most generous nation from the truth. The government should press my thoughts about the rising in the world, and it is because America never, ever be in the business of pick- trend in socialism. is the freest nation in the history of ing winners and picking losers. We have seen the effects of socialism, the world and on the face of the planet. I serve on the Financial Services and you need not look very far to see The quickest way for America to lose Committee, and I ask most witnesses the disastrous results that socialism her shine, her brilliance, her who testify before us if they are a so- has brought to countries across the exceptionalism is for her to lose her cialist or a capitalist. globe. freedoms. Mr. Speaker, can you guess the re- From the collapse of the Soviet Mr. Speaker, when our Founding Fa- sults? Union in 1991 to the political and hu- thers were framing the more perfect

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It has been terrible for ated in the image of God. I don’t think we need to look any fur- civil liberties. It has been terrible at While we recognize the challenges of ther than the poll that Mr. JOHNSON helping the environment. It has been our fallen human condition in any sys- mentioned where 7 in 10 millennials are terrible at attracting immigrants. It tem of government, nothing has been a ‘‘somewhat or extremely likely to vote has been terrible at tolerating and pro- greater force for good, save and except for a socialist candidate.’’ Eighty mil- tecting minorities. It has been terrible the love of God, than freedom. Indeed, lion strong, and 70 percent of the gen- at fostering technology, architecture, nothing has elevated and empowered eration that will make up the largest and art. It has been terrible at pro- the human spirit in this country and voting bloc in the next election is lean- ducing agriculture. Worst of all, it has across the globe like the free enter- ing toward voting for a socialist, not in been terrible at sharing power and re- prise system. Over the course of the Cuba or in Venezuela, right here in the sources. 20th century, we can see the profound United States of America. Indeed, it has done precisely the op- impact of free markets on the lives of John Adams told us: You will never posite, creating new ruling classes that Americans. know how much it cost my generation are far less adept, far less responsive, In 1900, the average life expectancy of to preserve your freedom. I hope you and far less responsible than the ones Americans was 47 years. By the end of will make good use of it. they replaced. the century, it was 78 years. Folks, right now, we are in grave Socialism is good at distributing pov- At the beginning of the 20th century, danger of forsaking the freedoms for erty, sharing poverty, creating and 56 percent of American families were which our Founders fought if we go producing poverty. It is the worst pos- considered poor, but by 1967, before the down this ruinous road of socialism. sible solution to curing poverty. expansion of the American welfare The choice we make as Americans will My friend from Texas made an allu- state through the Great Society pro- determine our Nation’s identity for the sion to Venezuela and how good of an grams, the number of American fami- remainder of the 21st century. It is a example that is to illustrate the moral lies considered poor was only 13 per- choice between whether our future will bankruptcy of socialism when actually cent. be forged by freedom and faith both in put into practice. I would also insert there that we God and in our founding principles, or The Venezuelan President is now a have spent trillions of dollars since the whether we are going to submit to the ruthless dictator who has cracked advent of Big Government welfare pro- down on free speech, prohibited mass grams, well-intended, of course, over rise of socialism and the tyranny of Big political protests, and confiscated fire- $20 trillion since the 1960s. We spend 16 Government. We have to be vigilant and do every- arms from anyone who is even re- times today what we spent in the 1960s thing in our power to ensure the arc of motely critical of him. Thirteen per- on welfare programs, and we haven’t cent of the country’s population has moved the needle a bit. The poverty the future bends toward freedom, not now fled. Those who have remained rate is the same. government control over every aspect If we look at the 20th century alone, of our lives. Only if we do this, only if have been left so degraded by the gov- we can see that free markets have we protect these precious freedoms, ernment’s price controls that they given Americans the most opportuni- will we give our children and grand- have gone years without toilet paper, ties, the highest standard of living, and children the freedoms and opportuni- meat, and other basic necessities and, the best quality of life anywhere in the ties that every generation of Ameri- as a consequence, have taken to eating world. cans has enjoyed. zoo animals for sustenance and scour- Contrast this with Venezuela, pre- I thank Mr. BARR for the opportunity ing garbage bags for supplies. viously one of the wealthiest nations in to join in this Special Order. I thank According to the Pharmaceutical the hemisphere, blessed with an abun- him for his intentionality to bring this Federation of Venezuela, the country is dance of oil and gas reserves, which is topic for discussion and for including suffering through an 85 percent medi- the basis of their economic prosperity. me. cine shortage and a 90 percent shortage Today, 82 percent of Venezuelans live Mr. BARR. Mr. Speaker, I thank my of basic medical supplies. The child in poverty, thanks to the legacy of so- friend from the great State of Texas for mortality rate has increased 140 per- cialist policies implemented by the his vigorous defense of freedom, lim- cent. late dictator Hugo Chavez and his suc- ited government, and capitalism. I cer- Ninety percent of Venezuelans now cessor Nicolas Maduro. tainly appreciate his words and his live in poverty. This year, the IMF pre- Contrast that with what we have friendship. dicts inflation will hit 10 million per- been doing recently with President Mr. Speaker, may I inquire as to how cent. All of this is in a country with Trump over the last few years and in much remaining time I have. the world’s largest oil supplies, re- my first term in the 115th Congress. We The SPEAKER pro tempore. The gen- serves greater than those of the United have promoted freedom, freer markets, tleman from Kentucky has 16 minutes. States by a factor of 10. and fairer trade. We have put in place Mr. BARR. Mr. Speaker, in the re- Mr. Speaker, Venezuela is the classic progrowth, free market policies that maining time I have, I want to address example of how socialism doesn’t cure have unleashed even greater economic a couple of additional topics, one of poverty. Socialism produces gut- potential of these United States. We which is that the defenders of socialism wrenching poverty, misery, depriva- have seen historic unemployment and those who are trying to infect a tion, and shortages, in addition to the rates, historic wage increases. We have new generation with the lie of social- lack of liberty that it affords its sub- seen trillions of dollars in wealth cre- ism, that it is somehow good for the jects. ated in the stock markets for those poor and that it is a system that is tar- I am certain that my colleagues on who need pensions and 401(k)’s, for geted to help the poor, this is the the other side, even those who profess folks saving for retirement. greatest, perhaps, of all the lies of so- an allegiance to socialism, share our The list is long, but the message is cialism. goal of lifting up those who are strug- that if you get off the backs and out of We talked about the lie of socialism, gling and providing them with security the way of our entrepreneurs, our that it could possibly be democratic. and with an opportunity to live happy, innovators, our risk-takers, they will We talked about how it is totally in- healthy, and prosperous lives. do what they do best, and that is create compatible with democracy. We talked Those who say they want Medicare opportunities. about how it is incompatible with a for All because they care about the But all of these opportunities, this free society. But so many of the pro- health of people or they want the record growth, and these benefits for ponents of socialism and central plan- Green New Deal because they believe in

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What I legal system and property rights, the shining example of how opportunity fear from my colleagues who advocate soundness of money, the freedom to and ingenuity in a market-based econ- these disastrous policies is that they trade internationally, and the amount omy with appropriately tailored regu- do not fully comprehend that the of regulation. lation can drive prosperity for its citi- means they are asking the government The United States ranks in the top zens. to employ to achieve those goals will five countries for economic freedom As we said before, unemployment is produce the deprivation, the environ- while Venezuela ranks dead last. The at a 50-year low. Why would we want to mental degradation, and the poverty most recent report finds that the na- abandon free market economics at a which they believe can be cured by dis- tions in the top quartile of economic time when the country is benefiting rupting market forces. freedom had an average per capita GDP from it? Indeed, the central planners believe of $36,000 in 2017, compared to $6,000 for Industries from technology to en- prosperity is best achieved through bottom quartile nations. ergy, to manufacturing, to services, government intrusion into the market, The poorest 10 percent of citizens in they are booming. We are the leaders socialization of industries, and a redis- the most economically free nations ac- in innovation. We have an economy tributive model that disincentivizes tually have an income that is two- that draws people from around the personal achievement and responsi- thirds higher than the average income world who hope to make a better life bility. in the least free nations. In the top for themselves. But tonight, we, the Republican quartile of economically free nations, I will return to the wisdom of Aus- Study Committee, come together in 1.8 percent of the population experi- trian-British economist F. A. Hayek this debate to express that we believe ences extreme poverty, compared to when he said, in a famous warning, that the best way to achieve economic 27.2 percent in the least free nations. that political liberty is not enough: security and prosperity is to expand If you want to cure poverty, unleash ‘‘Even a strong tradition of political opportunities, allow innovation to free enterprise. liberty is no safeguard if the danger is thrive, and create an environment The benefits of economic freedom do precisely that new institutions and where hard work pays off. It is not not just apply to wage and employment policies will gradually undermine and about giving each person an equal piece metrics. Life expectancy in the most destroy that spirit. The consequences of the pie. It is about growing the pie economically free nations is 14 years can of course be averted if that spirit as much possible so that more people longer than the least economically free reasserts itself in time and the people not only throw out the party which has may partake. nations, and infant mortality is signifi- A growing economy that produces a cantly lower. been leading them further and further Medicare for All, is that what you strong labor market is the best way to in the dangerous direction but also rec- are for? Because if you are for health, lift up people. This administration’s ognize the nature of the danger and you should be for capitalism. current progrowth economic policies resolutely change their course.’’ What that warning says, what he continue to produce blockbuster job b 1900 means by that warning is it may not creation, higher wages, strong eco- The report also finds that gender come in the full-on proposal of social- nomic growth, and upward mobility, equality and political and civil lib- ism; it may come in incremental form. the American Dream. erties are much higher in nations with But we must abandon those parties Last week, we saw another string of high economic freedom than in nations that are leading us further and further positive jobs reports, with unemploy- with low economic freedom. down the road of serfdom in the dan- ment falling to 3.5 percent, a 50-year The ill effects of socialism and their gerous direction away from freedom low. Unemployment for African Amer- impact on the people subjected to it and more towards central planning, re- ican males is at a 50-year low of 5.1 per- are evident in country after country. ject it and move back towards freedom. cent, and wages continue to grow. Venezuela is the example that I just Alexis de Tocqueville, when he ob- In every category of demographics, gave, but there are other examples as served early America, warned of the people are doing better because they well. modern welfare state: In a nation that have been liberated through policies We probably don’t have time to go prides itself upon the idea that the peo- that unleash the creative spirit of the through all of these examples, but I do ple are sovereign, isn’t it sad that the American people and free enterprise. want to just say that it was Winston modern American left wishes to de- If you care about the poor, if you Churchill who famously said: ‘‘Those prive the people of that very sov- really care about solving poverty, con- who fail to learn from history are con- ereignty—of that very self-government sider the words of Catholic Priest Rob- demned to repeat it.’’ upon which this Nation was founded— ert Sirico, the president and cofounder That is why, as we debate the merits and instead impose upon the people an of the Acton Institute. He sums it up of capitalism versus socialism in our insidious form of servitude to bureau- nicely in his book ‘‘Defending the Free political discourse today, it is impor- cratic rules upon rules governing their Market: The Moral Case for a Free tant that we remember history, that every action and behavior, so much so Economy.’’ If you want to help the we look to past actions of other coun- until the will of the individual is shat- poor, he says, start a business. tries and study their results. tered, constantly restrained from act- Employ people. Give them a job. I wanted to get to three case exam- ing as he or she normally would in a Allow them to achieve their God-given ples—the United Kingdom, India, and free state, until the people are reduced potential by learning that work means Israel—to show their experience with to ‘‘a flock of timid and industrial ani- an opportunity for them to realize socialism and how disastrous it was for mals, of which the government is the their God-given potential and help their people, and, when they changed shepherd.’’ other people through their own labor course and they embraced capitalism Mr. Speaker, I don’t think any of us and their own creativity. and freedom, the prosperity that it de- want to go down that road to serfdom. Free markets not only increase eco- livered. We will get to that on another I don’t think any of us want to stamp nomic prosperity in general, but they evening. out the freedom and the self-govern- also provide better standards of living. But suffice it to say that, when you ment, the idea that we remain and This concept applies in the United have market-based incentives where must continue to be a government only States and in jurisdictions around the you have, by and large, free trade, through the consent of the governed. world. where you have low regulation, where Tonight, my colleagues and I are de- There is data to support this idea. you have less taxes, where you have fending freedom, defending capitalism, Each year, the Cato Institute and the people who are able to achieve their po- defending free enterprise, defending en- Fraser Institute in Canada copublish, tential without undue interference trepreneurship, and opposing, vigor- in coordination with 70 think thanks from the government, where you have ously, the corrupt and immoral idea of across the world, the ‘‘Economic Free- market forces, you produce more, you socialism. dom of the World’’ report. The report become more productive, and you pro- Mr. Speaker, we appeal to the good measures economic freedom via five vide for people who need assistance. sense of the American people at this

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That is why people who ment patrolling its southern border— gerous direction with policies like like to control lives more frequently not doing that great a job, but they are Medicare for All and the Green New become socialists. patrolling their southern border. Deal; to recognize the danger, and to You look at the red flags under so- He has Central American countries resolutely change their course to em- cialism that existed in the 1930s, and doing what they can to hold on to their brace the cause of freedom and free en- you will see those red flags—at the current population and allowing coun- terprise. time, red meant socialism—all were tries from which people are seeking And, Mr. Speaker, for anyone who adapted by leaders who liked absolute asylum to settle in their country, knows any American who is tempted control of their populations. which only makes sense. If you wanted by the lies of socialism, I ask that they So, if anybody out there wants to to leave Venezuela, you speak Spanish. share with them this debate tonight, vote socialism, what they are voting It doesn’t make any sense that you share with them the truth, share with for is to get rid of their freedoms. They would come to an English-speaking them the truth that freedom and cap- are saying: I turn my life over to the country. It makes more sense, if you italism is the answer to democracy; it government. I want the government to really feel threatened at home, to go to is the answer to upward mobility; it is tell me where I can work and what I countries like Guatemala and El Sal- the answer to poverty; it is the answer can do when I am working. I want the vador and Honduras and Mexico. to soul-crushing deprivation and short- government to tell me what I can buy. So these efforts by President Trump ages, that the true way to care for And if anybody accumulates wealth, have dropped the number processed those who are less fortunate is to give they are saying: I want the government from 145,000 down to 42,000 and the people opportunity and freedom to to be able to tell me where I can invest. number of people being let in our coun- achieve their God-given potential. That is the mindset of the socialist. try from over 100,000 to under 5,000 a Mr. Speaker, with that, we contend There are fears that someday Amer- month. that we will continue this debate until ica may go socialist. Actually, that But it is always possible we are going we secure for our children and our pos- shouldn’t happen, because socialism is to have a court decision undoing some terity the blessings of liberty. unconstitutional under the U.S. Con- of the efforts of President Trump, and, Mr. Speaker, I yield back the balance stitution, and any academic who God forbid, it is possible we might have of my time. pushes socialism should be aware of an election and a future President may f that. not agree with the efforts made by If you want to be, I guess it would President Trump. SOCIALISM IS ABOUT ABSOLUTE amount to being a real serf. If you So what should this body be doing? GOVERNMENT CONTROL want to be a serf and have the govern- We have to remind this body that, The SPEAKER pro tempore. Under ment tell you where you have to work, right now, we are only two of the 40 the Speaker’s announced policy of Jan- tell you whether you can be promoted wealthiest countries on the globe to uary 3, 2019, the Chair recognizes the or not, tell you what you can invest in, allow birthright citizenship. gentleman from Wisconsin (Mr. and tell you what you can buy, you If somebody went down to the border, GROTHMAN) for 30 minutes. should go to another country, because it is obvious that women who are near Mr. GROTHMAN. Mr. Speaker, I the people who put together our Con- having birth are coming into this coun- would like to talk a little bit about the stitution, a goal was that we would try to have children, which would border, which is probably the most im- never become anything like socialism. make their children U.S. citizens and portant issue facing America today as IMMIGRATION would create a situation in which, as a we determine what kind of country we Mr. GROTHMAN. Mr. Speaker, now, practical matter, they would stay have 10 or 15 years down the road, but let’s talk a little bit about what was a there with them. I am going to lead off by talking a lit- major issue that used to be covered by We have a situation of chain migra- tle bit about the past topic of cap- the press, including the conservative tion in which people are coming here italism versus socialism, because I press, before we started down the path not because they are qualified to work don’t think a lot of people realize ex- to this impeachment, and that was the here, but because they have relatives actly what socialism is about. issue that was the primary reason why who are here, and we may be taking Socialism is about absolute govern- President Trump was elected: That people who are not necessarily a good ment control. issue is immigration and who we are economic bargain for the United People who are socialists want every- going to let in this country. States. body to have to work for the govern- I don’t think it has been well pub- We need more ICE beds for single ment. Because they control the means licized, but just yesterday, we got the adults to be held right now. It is very of production, they want to determine information from Border Patrol that difficult for ICE to do their job without what we have the right to buy, and they processed 42,000 people trying to these beds. As we are working through they want to determine what we have come in this country either under asy- appropriations bills, it is time to pass a the ability to invest in. lum or inappropriately during the bill with that in there. Obviously, if you have to work for month of November. We need more Border Patrol agents. the government, which you have to in That is down from 45,000 in October, Can you imagine what it is like at socialism, they can determine who gets so I suppose you could say we are mov- night doing the border patrol, finding hired, who gets promoted, what job you ing the ball in the right direction. It is 20 or 40 or 50 people coming across the get. In other words, they will eventu- down from 145,000 in May. border at once, and it is 2 o’clock in ally use that absolute power that Of those 42,000, under 5,000 actually the morning and you are the one ex- comes with being everybody’s employer got to come in the country. The vast pected to bring people in? We have to or everybody’s regulator to promote majority who were not let in imme- respect our Border Patrol. you or hire you based upon your feel- diately, thanks to the work of Presi- We have a huge problem that, under ings, based upon your ideas. dent Trump, are currently being held current law, we are encouraging sepa- Not long ago, I went to Berlin and I in Mexico pending hearings. ration of families, and that is not saw the StasiMuseum, where, in the This is something President Trump President Trump’s fault. He would be wonderful socialist country of East has done without any help from the happy to change it. Germany, the government kept track people in this body. He has done it by Right now, we have a law in which, if of how you thought—kind of the way negotiating with Mexico and negoti- a child comes here from Canada or they do in China today—how you ating with the triangle countries in Mexico, they could be sent back, but thought and if maybe you didn’t say Central America. He has reached agree- children coming from Central America,

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.107 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H10014 CONGRESSIONAL RECORD — HOUSE December 10, 2019 Africa, other places in Latin America, I realize there are a lot of people who The motion was agreed to; accord- we have to let them in the country. want the media to only focus on immi- ingly (at 9 o’clock and 5 minutes p.m.), That is a horrible thing. gration, but we cannot forget what is under its previous order, the House ad- We wouldn’t like it if a 15-year-old going on in the immigration front. journed until tomorrow, Wednesday, child left the United States and wound I yield back the remainder of my December 11, 2019, at 10 a.m. for morn- up in Nicaragua or Honduras. We would time. ing-hour debate. expect them to be returned to their f f parents. EXECUTIVE COMMUNICATIONS, We are asking this body to pass a law RECESS ETC. allowing the United States to return The SPEAKER pro tempore. Pursu- single children to their parents and ant to clause 12(a) of rule I, the Chair Under clause 2 of rule XIV, executive other countries. The other countries declares the House in recess subject to communications were taken from the would like it. the call of the Chair. Speaker’s table and referred as follows: It is very arrogant of the United Accordingly (at 7 o’clock and 16 min- 3241. A letter from the Secretary, Depart- States and arrogant of this body to utes p.m.), the House stood in recess. ment of Agriculture, transmitting a report continue the current system in which a of a violation of the Antideficiency Act, pur- f suant to 31 U.S.C. 1351; Public Law 97-258; (96 child, unaccompanied by their parents, 2104 Stat. 926); to the Committee on Appropria- comes here and we have to keep them. b tions. Right now, under the Flores settle- AFTER RECESS 3242. A letter from the Secretary, Depart- ment, we have to stop holding people ment of Defense, transmitting a letter on the after 20 days near the border, families The recess having expired, the House approved retirement of Vice Admiral Bruce with children. It is time that we statu- was called to order by the Speaker pro H. Lindsey, United States Navy, and his ad- vancement to the grade of vice admiral on torily change that and allow the hold- tempore (Mr. MORELLE) at 9 o’clock and 4 minutes p.m. the retired list, pursuant to 10 U.S.C. ing of people for a longer period of 1370(c)(1); Public Law 96-513, Sec. 112 (as time. f amended by Public Law 104-106, Sec. 502(b)); We have to do something with sanc- REPORT ON RESOLUTION PRO- (110 Stat. 293); to the Committee on Armed tuary cities. We have to do something VIDING FOR CONSIDERATION OF Services. 3243. A letter from the Assistant Secretary, so that, if people break the law and are H.R. 3, LOWER DRUG COSTS NOW being held in prisons and being held in Acquisition, Department of Defense, trans- ACT OF 2019; PROVIDING FOR mitting a letter stating that due to late jails, the Federal Government has the CONSIDERATION OF H.R. 5038, Service certification memos from the Army, ability to remove these people from the FARM WORKFORCE MODERNIZA- as required by Sec. 2430(d)(4)(A) of title 10, country. TION ACT OF 2019; AND PRO- U.S.C. the September 2019 Selected Acquisi- For whatever motivation, there are VIDING FOR CONSIDERATION OF tion Reports have missed the deadline; to the people in this country going down the Committee on Armed Services. THE CONFERENCE REPORT TO 3244. A letter from the Director, Office of path of having their city—and includ- ACCOMPANY S. 1790, NATIONAL ing people in this House encouraging Legislative Affairs, Federal Deposit Insur- DEFENSE AUTHORIZATION ACT ance Corporation, transmitting the Corpora- cities—not ask people about immigra- FOR FISCAL YEAR 2020 tion’s final rule — Removal of Transferred tion status and forbidding our immi- Ms. SHALALA, from the Committee OTS Regulations Regarding Deposits (RIN: gration service from removing crimi- 3064-AF07) received December 4, 2019, pursu- nals from this country. That is another on Rules, submitted a privileged report ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- thing that we ought to be doing now. (Rept. No. 116–334) on the resolution (H. 121, Sec. 251; (110 Stat. 868); to the Committee Res. 758) providing for consideration of on Financial Services. b 1915 the bill (H.R. 3) to establish a fair price 3245. A letter from the Assistant Secretary, Other things that President Trump is negotiation program, protect the Medi- Bureau of Legislative Affairs, Department of trying to do—but he needs a little bit care program from excessive price in- State, transmitting the Department’s report covering the period from July 11 to Sep- of help here—we currently have illegals creases, and establish an out-of-pocket tember 9, 2019 on the Authorization for Use in low-income housing. I am not sure maximum for Medicare part D enroll- of Military Force Against Iraq Resolution, we need more low-income housing in ees, and for other purposes; providing pursuant to 50 U.S.C. 1541 note; Public Law this country, but a lot of people feel we for consideration of the bill (H.R. 5038) 107-243, Sec. 4(a); (116 Stat. 1501) and 50 U.S.C. do. Right now we have the rather bi- to amend the Immigration and Nation- 1541 note; Public Law 102-1, Sec. 3 (as amend- zarre situation in which people who are ality Act to provide for terms and con- ed by Public Law 106-113, Sec. 1000(a)(7)); (113 here illegally are sitting in low-income ditions for nonimmigrant workers per- Stat. 1501A-422); to the Committee on For- forming agricultural labor or services, eign Affairs. housing, while American citizens are 3246. A letter from the Secretary, Depart- on a waiting list, including people like and for other purposes; and providing ment of the Treasury, transmitting a six- homeless veterans. for consideration of the conference re- month periodic report on the national emer- I want to point out that President port to accompany the bill (S. 1790) to gency with respect to the stabilization of Trump and myself are not anti-immi- authorize appropriations for fiscal year Iraq that was declared in Executive Order grant to say this. It recently came to 2020 for military activities of the De- 13303 of May 22, 2003, pursuant to 50 U.S.C. my attention that the number of immi- partment of Defense, for military con- 1641(c); Public Law 94-412, Sec. 401(c); (90 grants sworn in in this country in the struction, and for defense activities of Stat. 1257) and 50 U.S.C. 1703(c); Public Law the Department of Energy, to prescribe 95-223, Sec 204(c); (91 Stat. 1627); to the Com- last year available is 830,000. Two years mittee on Foreign Affairs. prior to that we were under 700,000. military personnel strengths for such 3247. A letter from the Assistant Secretary, So President Trump has presided fiscal year, and for other purposes, Bureau of Legislative Affairs, Department of over a dramatic increase in the number which was referred to the House Cal- State, transmitting a report on Burma’s of people who are coming in this coun- endar and ordered to be printed. Non-Compliance with the Chemical Weapons Convention, pursuant to 5 U.S.C. 801(a)(1)(A); try legally, showing his compassion f and understanding that we do need im- Public Law 104-121, Sec. 251; (110 Stat. 868); to LEAVE OF ABSENCE the Committee on Foreign Affairs. migrants in this country. 3248. A letter from the Deputy Assistant to However, it is time Congress stepped By unanimous consent, leave of ab- the President, Director, White House Man- to the plate and did what was nec- sence was granted to: agement and Administration, Acting Direc- essary to rein in out-of-control illegal Mr. ADERHOLT (at the request of Mr. tor, Office of Management, Executive Office immigration. So I encourage my col- MCCARTHY) for December 9 and today of the President, transmitting the account- leagues not to forget about this crisis. on account of an illness. ing of transactions from the Unanticipated Needs Account for fiscal year 2019, pursuant I encourage the media, particularly the f conservative media, not to take their to 3 U.S.C. 108(b); Public Law 95-570, Sec. ADJOURNMENT 2(a); (92 Stat. 2449); to the Committee on eye off this ball, which will determine Oversight and Reform. what the United States looks like 5 and Ms. SHALALA. Mr. Speaker, I move 3249. A letter from the Senior Advisor, Of- 10 and 25 years from now. that the House do now adjourn. fice of the Secretary, Department of Health

VerDate Sep 11 2014 05:11 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K10DE7.109 H10DEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE December 10, 2019 CONGRESSIONAL RECORD — HOUSE H10015 and Human Services, transmitting a notifi- 3261. A letter from the Director, Office of By Ms. GABBARD (for herself and Mr. cation of a designation of acting officer and Worker’s Compensation Programs, Depart- CASE): a nomination, pursuant to 5 U.S.C. 3349(a); ment of Labor, transmitting the Depart- H.R. 5375. A bill to amend the Internal Rev- Public Law 105-277, 151(b); (112 Stat. 2681-614); ment’s Annual Report to Congress on the FY enue Code of 1986 to allow the energy credit to the Committee on Oversight and Reform. 2016, FY 2017, and FY 2018 operations of the for certain ocean thermal energy equipment; 3250. A letter from the Associate General Office of Workers’ Compensation Programs, to the Committee on Ways and Means. Counsel for General Law, Department of pursuant to 30 U.S.C. 936(b); Public Law 91- By Mr. GONZALEZ of Ohio (for him- Homeland Security, transmitting two (2) no- 173, Sec. 426(b) (as amended by Public Law self, Ms. KUSTER of New Hampshire, tifications of a designation of acting officer 107-275, Sec. 2(b)(4)); (116 Stat. 1926) and 33 Mr. RESCHENTHALER, and Mrs. and discontinuation of service in acting role, U.S.C. 942; Mar. 4, 1927, ch. 509, Sec. 42 (as MCBATH): pursuant to 5 U.S.C. 3349(a); Public Law 105- amended by Public Law 104-66, Sec. H.R. 5376. A bill to amend title 18, United 277, 151(b); (112 Stat. 2681-614); to the Com- 1102(b)(1)); (109 Stat. 722); to the Committee States Code, to require a provider of a report mittee on Oversight and Reform. on the Judiciary. to the CyberTipline related to online sexual 3251. A letter from the Deputy Chief Finan- 3262. A letter from the Director, Office of exploitation of children to preserve the con- cial Officer, Department of Transportation, Legislative Affairs, Federal Deposit Insur- tents of such report for 180 days, and for transmitting the Department’s Agency Fi- ance Corporation, transmitting the Corpora- other purposes; to the Committee on the Ju- nancial Report for FY 2019, pursuant to 31 tion’s final rule — Regulatory Capital Rule: diciary. U.S.C. 3515(a)(1); Public Law 101-576, Sec. Simplifications to the Capital Rule Pursuant By Mr. SUOZZI (for himself, Mr. 303(a)(1) (as amended by Public Law 107-289, to the Economic Growth and Regulatory Pa- THOMPSON of California, Mr. PAS- Sec. 2(a)); (116 Stat. 2049) and 31 U.S.C. perwork Reduction Act of 1996; Revised Ef- CRELL, Mr. KING of New York, Mr. 1115(b); Public Law 111-352, Sec. 3; (124 Stat. fective Date (RIN: 3064-AF18) received De- BEYER, Mr. BRENDAN F. BOYLE of 3867); to the Committee on Oversight and Re- cember 4, 2019, pursuant to 5 U.S.C. Pennsylvania, Ms. JUDY CHU of Cali- form. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 fornia, Mr. DANNY K. DAVIS of Illi- 3252. A letter from the Secretary, Depart- Stat. 868); to the Committee on Financial nois, Mr. HIGGINS of New York, Mr. ment of Veterans Affairs, transmitting the Services. LARSON of Connecticut, Mr. PANETTA, Department’s FY 2019 Office of Inspector 3263. A letter from the Secretary, Depart- Ms. SA´ NCHEZ, Mr. SCHNEIDER, Mr. General Semiannual Report to Congress cov- ment of Transportation, transmitting a re- CASTEN of Illinois, Mr. CISNEROS, Mr. ering the period April 1, 2019 through, Sep- port titled The U.S. Department of Transpor- CORREA, Ms. CRAIG, Mr. ENGEL, Ms. tember 30, 2019; to the Committee on Over- tation’s Status of Actions Addressing the ESHOO, Mr. KIM, Mr. LEVIN of Cali- sight and Reform. Safety Issue Areas on the NTSB’s Most fornia, Mrs. LOWEY, Mr. MALINOWSKI, 3253. A letter from the Associate General Wanted List, pursuant to 49 U.S.C. 1135(e)(1); Mr. MEEKS, Ms. MENG, Mr. MORELLE, Counsel for General Law, Management Di- Public Law 103-272, Sec. 1(d) (as amended by Mr. NADLER, Mr. PHILLIPS, Ms. POR- rectorate, Department of Homeland Secu- Public Law 111-216, Sec. 202(b)); (124 Stat. TER, Mr. RASKIN, Miss RICE of New rity, transmitting notification of a dis- 2351); to the Committee on Transportation York, Mr. ROSE of New York, Ms. continuation of service in acting role, pursu- and Infrastructure. SHERRILL, Mr. SIRES, Mr. TRONE, Ms. ant to 5 U.S.C. 3349(a); Public Law 105-277, f UNDERWOOD, Mrs. WATSON COLEMAN, 151(b); (112 Stat. 2681-614); to the Committee Mr. COURTNEY, Mr. ESPAILLAT, and on Oversight and Reform. REPORTS OF COMMITTEES ON Mr. HARDER of California): 3254. A letter from the Inspector General, PUBLIC BILLS AND RESOLUTIONS H.R. 5377. A bill to amend the Internal Rev- Office of Inspector General, Department of Under clause 2 of rule XIII, reports of enue Code of 1986 to modify the limitation on Agriculture, transmitting the Department’s committees were delivered to the Clerk deduction of State and local taxes, and for Office of Inspector Generals Five-Year Stra- for printing and reference to the proper other purposes; to the Committee on Ways tegic Mission and Diversity and Inclusion and Means. Plan for Fiscal Years 2020-2024; to the Com- calendar, as follows: By Mr. BROWN of Maryland (for him- mittee on Oversight and Reform. Ms. SHALALA: Committee on Rules. self, Mr. HOYER, and Mr. BACON): 3255. A letter from the Associate General House Resolution 758. Resolution providing H.R. 5378. A bill to extend the death gra- Counsel for General Law, Office of Strategy, for consideration of the bill (H.R. 3) to estab- tuity and casualty assistance to survivors of Policy, and Plans, Department of Homeland lish a fair price negotiation program, protect certain deceased graduates of the Reserve Of- Security, transmitting a notification of an the Medicare program from excessive price ficers’ Training Corps; to the Committee on action on nomination, pursuant to 5 U.S.C. increases, and establish an out-of-pocket Armed Services. 3349(a); Public Law 105-277, 151(b); (112 Stat. maximum for Medicare part D enrollees, and By Mr. CICILLINE: 2681-614); to the Committee on Oversight and for other purposes; providing for consider- H.R. 5379. A bill to reauthorize the United Reform. ation of the bill (H.R. 5038) to amend the Im- States Commission on International Reli- 3256. A letter from the Chairman, Securi- migration and Nationality Act to provide for gious Freedom, and for other purposes; to ties and Exchange Commission, transmitting terms and conditions for nonimmigrant the Committee on Foreign Affairs, and in ad- the Commission’s Inspector General’s Semi- workers performing agricultural labor or dition to the Committee on House Adminis- annual Report to Congress, covering the pe- services, and for other purposes; and pro- tration, for a period to be subsequently de- riod from April 1, 2019, through September viding for consideration of the conference re- termined by the Speaker, in each case for 30, 2019; to the Committee on Oversight and port to accompany the bill (S. 1790) to au- consideration of such provisions as fall with- Reform. thorize appropriations for fiscal year 2020 for in the jurisdiction of the committee con- 3257. A letter from the Acting Adminis- military activities of the Department of De- cerned. trator, Small Business Administration, fense, for military construction, and for de- By Mr. CRIST (for himself, Mr. BILI- transmitting the Administration’s Office of fense activities of the Department of Energy, RAKIS, and Mr. SOTO): Inspector General’s Semiannual Report to to prescribe military personnel strengths for H.R. 5380. A bill to amend title II of the So- Congress covering the period April 1, 2019, such fiscal year, and for other purposes cial Security Act to require the Commis- through, September 30, 2019; to the Com- (Rept. 116–334). Referred to the House Cal- sioner of Social Security to enter into agree- mittee on Oversight and Reform. endar. ments with States to share data related to 3258. A letter from the Staff Director, U.S. f individuals subject to guardianship, and for Commission on Civil Rights, transmitting other purposes; to the Committee on Ways the Commission’s annual Performance and PUBLIC BILLS AND RESOLUTIONS and Means. Accountability Report for FY 2019, pursuant Under clause 2 of rule XII, public By Mr. DESJARLAIS: to 31 U.S.C. 3515(a)(1); Public Law 101-576, bills and resolutions of the following H.R. 5381. A bill to amend the Federal Sec. 303(a)(1) (as amended by Public Law 107- Food, Drug, and Cosmetic Act to require the 289, Sec. 2(a)); (116 Stat. 2049); to the Com- titles were introduced and severally re- label of a drug to list the country of origin mittee on Oversight and Reform. ferred, as follows: of each of the drug’s active ingredients; to 3259. A letter from the Associate General By Mr. LUCAS (for himself and Ms. the Committee on Energy and Commerce. Counsel for General Law, U.S. Customs and JOHNSON of Texas): By Mr. FORTENBERRY: Border Protection, transmitting three (3) no- H.R. 5374. A bill to establish and support H.R. 5382. A bill to create a mechanism tifications of a vacancy, a designation of act- advanced geothermal research and develop- whereby insulin manufacturers may sell di- ing officer, and a discontinuation of service ment programs at the Department of En- rectly to consumers at current net prices; to in acting role, pursuant to 5 U.S.C. 3349(a); ergy, and for other purposes; to the Com- the Committee on Energy and Commerce. Public Law 105-277, 151(b); (112 Stat. 2681-614); mittee on Science, Space, and Technology, By Mr. GARCI´A of Illinois (for himself, to the Committee on Oversight and Reform. and in addition to the Committee on Edu- Ms. JAYAPAL, Ms. BASS, Ms. 3260. A letter from the Chair, United States cation and Labor, for a period to be subse- PRESSLEY, Mr. GRIJALVA, Ms. Nuclear Waste Technical Review Board, quently determined by the Speaker, in each VELA´ ZQUEZ, Ms. HAALAND, Ms. TLAIB, transmitting the Board’s Fiscal Year 2109 case for consideration of such provisions as Ms. ESCOBAR, Ms. OMAR, Ms. GARCIA Agency Financial Report; to the Committee fall within the jurisdiction of the committee of Texas, Mr. ESPAILLAT, Ms. OCASIO- on Oversight and Reform. concerned. CORTEZ, Ms. JUDY CHU of California,

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Mr. DANNY K. DAVIS of Illinois, Ms. By Mr. RUSH: By Mr. BROWN of Maryland: LEE of California, Mr. RUSH, Mr. BLU- H. Res. 757. A resolution calling for the res- H.R. 5378. MENAUER, Mr. TAKANO, Mr. DIAZ- ignation and disbarment of United States Congress has the power to enact this legis- BALART, Mr. MCGOVERN, Ms. MENG, Attorney General William P. Barr, and for lation pursuant to the following: Mrs. NAPOLITANO, Ms. SCHAKOWSKY, other purposes; to the Committee on the Ju- Necessary and Proper Clause (Art. 1, Sec. 8, Ms. WILSON of Florida, Mr. SERRANO, diciary. Cl. 18) Ms. CLARKE of New York, Ms. NOR- By Mr. KEATING: By Mr. CICILLINE: TON, Mrs. WATSON COLEMAN, Mr. H. Res. 759. A resolution expressing that it H.R. 5379. VARGAS, Mr. CA´ RDENAS, Mr. BROWN of is the sense of the House of Representatives Congress has the power to enact this legis- Maryland, Mr. JOHNSON of Georgia, that the Russian Federation interfered in lation pursuant to the following: Mr. CORREA, and Mr. MEEKS): the 2016 United States Presidential election Article 1, section 8 H.R. 5383. A bill to reform the process for and deliberately spread false information to By Mr. CRIST: enforcing the immigration laws of the implicate the Republic of Ukraine; to the H.R. 5380. United States, and for other purposes; to the Committee on Foreign Affairs, and in addi- Congress has the power to enact this legis- Committee on the Judiciary. tion to the Committee on Intelligence (Per- lation pursuant to the following: By Mr. JOHNSON of Louisiana (for manent Select), for a period to be subse- Article I, Section 8 himself, Mr. HIGGINS of Louisiana, quently determined by the Speaker, in each By Mr. DESJARLAIS: Mr. ABRAHAM, Mr. GRAVES of Lou- case for consideration of such provisions as H.R. 5381. isiana, Mr. SCALISE, and Mr. RICH- fall within the jurisdiction of the committee Congress has the power to enact this legis- MOND): concerned. lation pursuant to the following: H.R. 5384. A bill to designate the facility of f Article 1, Section 8 of the United States the United States Postal Service located at Constitution 100 Crosby Street in Mansfield, Louisiana, as MEMORIALS By Mr. FORTENBERRY: the ‘‘Dr. C.O. Simpkins, Sr., Post Office’’; to Under clause 3 of rule XII, H.R. 5382. the Committee on Oversight and Reform. Congress has the power to enact this legis- By Ms. KELLY of Illinois (for herself 150. The SPEAKER presented a memorial lation pursuant to the following: and Mr. SENSENBRENNER): of the House of Representatives of the State The constitutional authority for this bill is H.R. 5385. A bill to amend the Omnibus of Illinois, relative to House Resolution 577, pursuant to Article I, Section 8, Clause 18 of Crime Control and Safe Streets Act of 1968 to condemning President Donald J. Trump’s the United States Constitution. authorize the Attorney General to make Migrant Protection Protocols denying entry By Mr. GARCI´A of Illinois: grants to States and units of local govern- to refugees at the Southern border and call- H.R. 5383. ment to deploy and implement gunfire detec- ing on him to immediately rescind this ab- tion and location technology, and for other Congress has the power to enact this legis- horrent policy that is placing vulnerable lation pursuant to the following: purposes; to the Committee on the Judici- people at further risk of harm, and calling on ary. Article I, Section 8 and 9 the U.S. Congress to put an end to the Mi- By Mr. JOHNSON of Louisiana: By Mr. MCNERNEY (for himself and grant Protection Protocols by defunding the Mr. BUCSHON): H.R. 5384. program in its upcoming budget vote before Congress has the power to enact this legis- H.R. 5386. A bill to amend the Health Infor- the end of this calendar year; which was re- mation Technology for Economic and Clin- lation pursuant to the following: ferred to the Committee on the Judiciary. ical Health Act to require consideration, in Article I, Section 8 of the U.S. Constitu- certain circumstances, of whether a covered f tion. By Ms. KELLY of Illinois: entity or business associate has adequately CONSTITUTIONAL AUTHORITY demonstrated that it had recognized security H.R. 5385. practices, and for other purposes; to the STATEMENT Congress has the power to enact this legis- Committee on Energy and Commerce, and in Pursuant to clause 7 of rule XII of lation pursuant to the following: addition to the Committee on Ways and the Rules of the House of Representa- Article 1 Section 8 Means, for a period to be subsequently deter- tives, the following statements are sub- ‘‘To make all Laws which shall be nec- mined by the Speaker, in each case for con- essary and proper for carrying into Execu- sideration of such provisions as fall within mitted regarding the specific powers tion the foregoing Powers, and all other the jurisdiction of the committee concerned. granted to Congress in the Constitu- Powers vested by this Constitution in the By Mr. SHERMAN: tion to enact the accompanying bill or Government of the United States or in any H.R. 5387. A bill to require congressional joint resolution. Department or Officer thereof.’’ approval for civilian nuclear cooperation By Mr. LUCAS: By Mr. MCNERNEY: under certain circumstances, and for other H.R. 5374. H.R. 5386. purposes; to the Committee on Foreign Af- Congress has the power to enact this legis- Congress has the power to enact this legis- fairs. lation pursuant to the following: lation pursuant to the following: By Ms. SLOTKIN (for herself, Ms. U.S. Constitution, Article I, Section 8, Article I, Section 8 of the Constitution of PRESSLEY, Ms. KUSTER of New Hamp- Clause 18: the United States grants Congress the au- shire, and Ms. SPEIER): thority to enact this bill. H.R. 5388. A bill to provide that the Sec- ‘‘The Congress shall have Power . . . To make all Laws which shall be necessary and By Mr. SHERMAN: retary of Education may not issue or enforce H.R. 5387. certain rules that weaken the enforcement of proper for carrying into Execution the fore- going Powers, and all other Powers vested by Congress has the power to enact this legis- the prohibition of sex discrimination appli- lation pursuant to the following: cable under title IX of the Education Amend- this Constitution in the Government of the United States, or in any Department or Offi- Article I, Section 8 of the U.S. Constitu- ments of 1972; to the Committee on Edu- tion cation and Labor. cer thereof.’’ By Ms. GABBARD: By Ms. SLOTKIN: By Mr. NADLER: H.R. 5388. H. Res. 755. A resolution impeaching Don- H.R. 5375. Congress has the power to enact this legis- ald John Trump, President of the United Congress has the power to enact this legis- lation pursuant to the following: States, for high crimes and misdemeanors; to lation pursuant to the following: Article I, Section 8 of the Constitution, the Committee on the Judiciary. The United States Constitution including Congress has the power ‘‘to make all Laws By Mr. KILMER (for himself, Mr. Article 1, Section 8. which shall be necessary and proper for car- GRAVES of Georgia, Ms. LOFGREN, Mr. By Mr. GONZALEZ of Ohio: rying into Execution the foregoing Powers, RODNEY DAVIS of Illinois, Mr. H.R. 5376. and all other Powers vested by this Constitu- CLEAVER, Mr. WOODALL, Ms. Congress has the power to enact this legis- tion in the Government of the United States, DELBENE, Mrs. BROOKS of Indiana, lation pursuant to the following: or any Department or Officer thereof’’ Mr. POCAN, Mr. NEWHOUSE, Ms. SCAN- Article I, Section 8 of the U.S. Constitu- LON, and Mr. TIMMONS): tion to ‘‘make all laws which shall be nec- f H. Res. 756. A resolution implementing the essary and proper for carrying into execution recommendations adopted by the Select the foregoing powers, and all other powers ADDITIONAL SPONSORS Committee on the Modernization of Con- vested by this constitution.’’ Under clause 7 of rule XII, sponsors gress; to the Committee on House Adminis- By Mr. SUOZZI: tration, and in addition to the Committees H.R. 5377. were added to public bills and resolu- on Transportation and Infrastructure, and Congress has the power to enact this legis- tions, as follows: the Judiciary, for a period to be subse- lation pursuant to the following: H.R. 19: Mr. BACON, Mr. HARRIS, Mr. DUN- quently determined by the Speaker, in each The Congress enacts this bill pursuant to CAN, Mr. BOST, Mr. BARR, Mr. WEBSTER of case for consideration of such provisions as Sections 7 & 8 of Article I of the United Florida, Mr. BYRNE, Mr. MOOLENAAR, Mr. fall within the jurisdiction of the committee States Constitution and Amendment XVI of WOMACK, Ms. GRANGER, Mr. MEUSER, Mr. concerned. the United States Constitution. ROGERS of Kentucky, Mr. DUNN, Mr. KATKO,

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Mr. SMUCKER, Mr. KING of New York, and Mr. H.R. 3114: Mr. CARSON of Indiana. H.R. 5173: Ms. JOHNSON of Texas and Mr. SPANO. H.R. 3121: Mr. COHEN. BYRNE. H.R. 230: Mr. LYNCH. H.R. 3214: Ms. BROWNLEY of California. H.R. 5175: Mr. GRAVES of Louisiana. H.R. 372: Mr. COSTA. H.R. 3218: Mrs. LESKO. H.R. 5200: Ms. BLUNT ROCHESTER. H.R. 571: Mr. WILSON of South Carolina. H.R. 3248: Ms. SHERRILL. H.R. 5213: Mr. FITZPATRICK. H.R. 584: Ms. SCHAKOWSKY. H.R. 3328: Ms. JOHNSON of Texas. H.R. 5224: Mr. BAIRD and Mr. BALDERSON. H.R. 587: Ms. HERRERA BEUTLER, Mr. ADER- H.R. 3414: Mr. SARBANES, Ms. BLUNT ROCH- H.R. 5231: Ms. BROWNLEY of California, Mr. HOLT, Mr. TIPTON, Mr. HORSFORD, and Mr. ESTER, and Mr. MCGOVERN. HUFFMAN, and Mr. GARAMENDI. KEATING. H.R. 3446: Mr. SMITH of Washington, Mr. H.R. 5234: Ms. DAVIDS of Kansas. H.R. 660: Mr. GOTTHEIMER. GOTTHEIMER, and Ms. SPANBERGER. H.R. 5248: Mr. ESPAILLAT. H.R. 816: Mr. TURNER. H.R. 3489: Mrs. HAYES. H.R. 5255: Mr. DESAULNIER. H.R. 837: Mr. COMER. H.R. 3522: Mr. BRINDISI. H.R. 5259: Mr. SOTO. H.R. 3570: Mr. MCNERNEY. H.R. 838: Ms. KENDRA S. HORN of Okla- H.R. 5260: Mr. KILMER. OUDERMILK IND H.R. 3644: Mr. GOTTHEIMER. homa, Mr. L , Mr. K , and Mrs. H.R. 5266: Mr. CASE. WAGNER. H.R. 3762: Mr. NORCROSS, Mr. VELA, Mr. H.R. 5289: Mr. JOHNSON of Louisiana. H.R. 906: Mr. HILL of Arkansas, Mr. BANKS, GOODEN, Ms. LEE of California, Mr. FOSTER, H.R. 5297: Mr. BIGGS. Mr. SHIMKUS, Mr. HOLLINGSWORTH, and Mr. and Mr. COX of California. H.R. 5306: Mr. PASCRELL, Mrs. MURPHY of CHABOT. H.R. 3775: Mr. KENNEDY. Florida, Mr. BRENDAN F. BOYLE of Pennsyl- H.R. 913: Mr. KEATING. H.R. 3794: Mr. KIND and Mr. KHANNA. vania, and Mr. KILDEE. H.R. 961: Ms. SPANBERGER. H.R. 3799: Ms. SHALALA. H.R. 5342: Mr. ROSE of New York. H.R. 991: Mr. COLE. H.R. 3879: Mr. RASKIN and Ms. TORRES H.R. 5346: Mr. ESPAILLAT, Mr. VARGAS, Ms. H.R. 997: Mr. LAMALFA. SMALL of New Mexico. ESCOBAR, and Ms. VELA´ ZQUEZ. H.R. 1011: Mr. SUOZZI. H.R. 3911: Mr. KILMER. H.R. 5349: Mr. ENGEL, Ms. KAPTUR, Ms. H.R. 1013: Mr. SUOZZI. H.R. 3937: Mr. HECK. ORTON UTTERFIELD OCAN H.R. 1042: Mr. GARCI´A of Illinois and Mr. H.R. 3957: Ms. BLUNT ROCHESTER. N , Mr. B , Mr. P , and USTER PALLONE. H.R. 4056: Mr. GOTTHEIMER. Ms. K of New Hampshire. H.R. 1140: Mr. DESAULNIER, Ms. STEVENS, H.R. 4084: Mr. HILL of Arkansas. H.R. 5354: Ms. HAALAND. ´ Mr. MCKINLEY, Mr. CISNEROS, and Mr. JOHN- H.R. 4086: Mr. BARR. H.R. 5363: Mr. DOGGETT, Mr. CARDENAS, and SON of Georgia. H.R. 4092: Mr. RUTHERFORD. Mr. ESPAILLAT. H.R. 1161: Mr. SCHNEIDER. H.R. 4113: Mr. VAN DREW. H.R. 5372: Mr. KILMER. H.R. 1173: Mr. CUELLAR, Mr. WRIGHT, and H.R. 4180: Mr. SMITH of Missouri. H. Con. Res. 52: Ms. WILSON of Florida and Mr. CASTRO of Texas. H.R. 4189: Mr. ROGERS of Kentucky and Mr. Mr. LANGEVIN. H.R. 1185: Ms. PLASKETT. PAYNE. H. Res. 33: Ms. PLASKETT. H.R. 1195: Mr. CISNEROS and Mr. PHILLIPS. H.R. 4229: Mr. GROTHMAN. H. Res. 69: Mr. COSTA. H.R. 1367: Mr. NORCROSS, Mr. CUELLAR, Ms. H.R. 4236: Ms. SHERRILL. H. Res. 189: Mr. BRINDISI. BONAMICI, Mrs. HAYES, Mr. RYAN, and Mr. H.R. 4265: Mr. LOWENTHAL. H. Res. 374: Mr. BIGGS and Mr. VAN DREW. COHEN. H.R. 4283: Mr. HOLLINGSWORTH. H. Res. 400: Mr. CICILLINE and Mr. RASKIN. H.R. 1370: Ms. SPANBERGER. H.R. 4326: Mr. DIAZ-BALART and Mr. BISHOP H. Res. 452: Mr. BERA and Mrs. TRAHAN. ´ H.R. 1379: Mr. CASTEN of Illinois and Mr. of Georgia. H. Res. 641: Mr. VARGAS and Mr. LUJAN. HIMES. H.R. 4341: Mr. SIRES. H. Res. 678: Mr. MOONEY of West Virginia. H.R. 1380: Mr. LAWSON of Florida. H.R. 4399: Mr. STEIL and Mr. HUDSON. H. Res. 686: Ms. SPANBERGER. H.R. 1479: Mr. VAN DREW. H.R. 4436: Ms. GARCIA of Texas. H. Res. 698: Ms. NORTON. H.R. 1488: Ms. NORTON. H.R. 4438: Mr. FOSTER. H. Res. 720: Ms. NORTON. H.R. 1493: Mr. GOTTHEIMER. H.R. 4482: Mr. CASE. H. Res. 752: Mr. MCCAUL and Mr. ENGEL. H.R. 1531: Mr. GOTTHEIMER. H.R. 4691: Mr. LOWENTHAL. H.R. 1570: Mr. MURPHY of North Carolina. H.R. 4811: Mr. MOONEY of West Virginia. f H.R. 1597: Mr. LEVIN of California, Ms. DA- H.R. 4820: Ms. KENDRA S. HORN of Okla- VIDS of Kansas, and Mr. CASTEN of Illinois. homa. H.R. 1605: Mr. WALTZ. H.R. 4864: Mr. TRONE, Mr. CUELLAR, and PETITIONS, ETC. H.R. 1611: Mr. VAN DREW. Ms. BASS. Under clause 3 of rule XII, petitions H.R. 1643: Mr. LAWSON of Florida. H.R. 4881: Mr. SOTO. and papers were laid on the clerk’s H.R. 4892: Mr. GUEST. H.R. 1730: Mr. THOMPSON of Pennsylvania desk and referred as follows: and Mr. PAPPAS. H.R. 4907: Ms. SPANBERGER and Mr. LIPIN- H.R. 1762: Mr. MEEKS and Mr. HASTINGS. SKI. 69. The SPEAKER presented a petition of H.R. 1840: Mr. SMITH of Nebraska. H.R. 4913: Mr. RUSH, Ms. MATSUI, and Mr. Mr. Gregory D. Watson, a citizen of Austin, H.R. 1878: Mr. JOYCE of Ohio. RUIZ. TX, relative to a resolution requesting that H.R. 1978: Mr. NADLER, Mr. VARGAS, and H.R. 4919: Ms. SLOTKIN and Mr. SMITH of Congress enact legislation which would pro- Mr. LAWSON of Florida. Nebraska. hibit a potential employer from asking an H.R. 2074: Mr. KIND. H.R. 4945: Mrs. NAPOLITANO. employment applicant to disclose in advance H.R. 2079: Mr. DAVID P. ROE of Tennessee. H.R. 4953: Mr. SMITH of Nebraska. what salary that applicant expects to receive H.R. 2167: Mr. FITZPATRICK. H.R. 4968: Mr. LEVIN of California. if hired; which was referred to the Com- H.R. 2168: Mr. SMITH of Washington. H.R. 4980: Mr. POSEY. mittee on Education and Labor. H.R. 2214: Ms. CRAIG. H.R. 4996: Ms. NORTON. 70. Also, a petition of the City Council of H.R. 2261: Mr. HASTINGS. H.R. 5041: Mrs. DEMINGS, Mr. EVANS, Ms. Honolulu, HI, relative to Resolution No. 19- H.R. 2463: Ms. SCHAKOWSKY and Mr. FUDGE, Mr. DAVID SCOTT of Georgia, Ms. 209, urging the President of the United PAPPAS. CLARKE of New York, Mrs. LAWRENCE, Mr. States, the United States Congress, and the H.R. 2466: Mr. SARBANES and Mr. ALLRED. CARSON of Indiana, Ms. NORTON, Mr. YOUNG, United States Citizenship and Immigration H.R. 2501: Mr. BISHOP of Georgia. Ms. ESCOBAR, Mr. CA´ RDENAS, Mr. RICHMOND, Services of the Department of Homeland Se- H.R. 2733: Mr. SIMPSON. Mr. NORCROSS, Ms. LOFGREN, Mr. RASKIN, Ms. curity to retain the Filipino World War II H.R. 2747: Ms. PORTER. JACKSON LEE, Mr. COHEN, Mr. SARBANES, and Veterans Parole Program; which was re- H.R. 2836: Ms. BROWNLEY of California. Ms. KELLY of Illinois. ferred to the Committee on the Judiciary. H.R. 2850: Ms. ROYBAL-ALLARD, Mrs. DAVIS H.R. 5050: Ms. LOFGREN, Mr. BLUMENAUER, 71. Also, a petition of the City Council of of California, and Ms. BROWNLEY of Cali- Mr. SHERMAN, and Mr. POCAN. Honolulu, HI, relative to Resolution No. 19- fornia. H.R. 5068: Mr. COSTA. 262, supporting the United Nations treaty on H.R. 2867: Mr. LYNCH. H.R. 5092: Mr. BRINDISI. the prohibition of nuclear weapons and wel- H.R. 2953: Mr. VAN DREW and Mr. RUTHER- H.R. 5117: Mr. WITTMAN, Mr. BUDD, and Mr. coming the Golden Rule Peace Boat to Ha- FORD. GALLEGO. waii; which was referred jointly to the Com- H.R. 2986: Mr. KEATING. H.R. 5141: Mr. VISCLOSKY and Ms. STEVENS. mittees on Foreign Affairs and Armed Serv- H.R. 3068: Mr. NEGUSE and Ms. Vela´ zquez. H.R. 5151: Mr. VARGAS. ices.

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Vol. 165 WASHINGTON, TUESDAY, DECEMBER 10, 2019 No. 197 Senate The Senate met at 10 a.m. and was appoint the Honorable CINDY HYDE-SMITH, a Earlier this year, the House Demo- called to order by the Honorable CINDY Senator from the State of Mississippi, to per- crats pushed through what we believe HYDE-SMITH, a Senator from the State form the duties of the Chair. was their first purely party-line NDAA of Mississippi. CHUCK GRASSLEY, that either Chamber has ever passed in President pro tempore. f the 58-year history of the legislation. Mrs. HYDE-SMITH thereupon as- This is the legislation that puts for- PRAYER sumed the Chair as Acting President ward Congress’s priorities for equip- The Chaplain, Dr. Barry C. Black, of- pro tempore. ping, training, and maintaining the fered the following prayer: f greatest fighting forces in the world. It Let us pray. RESERVATION OF LEADER TIME has never been used before as a purely Eternal Father, the center of our joy, partisan weapon—that is, not until this The ACTING PRESIDENT pro tem- bless our lawmakers with the peace year. Reassuringly, the past few days pore. Under the previous order, the and wisdom needed to lead in our chal- have finally brought an end to bipar- leadership time is reserved. lenging world. Give them eyes to dis- tisan talks and produced a compromise cern and understand the intricate com- f NDAA. The end result should be able to plexity of this turbulent season. Lord, RECOGNITION OF THE MAJORITY pass both Chambers and earn the Presi- guide our Senators to the right paths. LEADER dent’s signature. Believe me, it will not come a moment too soon. Lead them beside still waters. Restore The ACTING PRESIDENT pro tem- their souls. Let them lack nothing, for The NDAA authorizes resources to pore. The majority leader is recog- keep crucial military installations— You can keep them whole. Overflow nized. their cups with gentleness, care, and like Fort Campbell, Fort Knox, and the f understanding for the people they rep- Blue Grass Army Depot in Kentucky— resent. Let them fear no evil and take SENATE LEGISLATIVE AGENDA running smoothly. It is similarly im- portant to facilities in many of our col- courage in adversity, for You continue Mr. MCCONNELL. Madam President, to lead them with Your all-knowing leagues’ home States as well. Nation- as we enter the final weeks of 2019, two ally, of course, it directs readiness ef- right hand. things seem to be true here in Con- forts, prioritizes research and develop- We pray in Your everlasting Name. gress. No. 1, our Democratic col- ment programs, and enacts vital re- Amen. leagues, particularly over in the House, forms at the Pentagon. f seem eager to pour the vast majority of I look forward to sending the final, PLEDGE OF ALLEGIANCE their time and energy into their 3-year- bipartisan product by the conference long journey to impeach the President committee to the President for his sig- The Presiding Officer led the Pledge the American people elected. As a con- nature soon. In addition to that au- of Allegiance, as follows: sequence, No. 2, Congress has yet to thorizing legislation, Congress, of I pledge allegiance to the Flag of the fulfill a number of its core governing course, needs to actually appropriate United States of America, and to the Repub- responsibilities for this year. funds for our national defense and for lic for which it stands, one nation under God, At this late date, several crucial, indivisible, with liberty and justice for all. all other functions of our Federal Gov- must-pass bills remain undone. For ernment. f months, my fellow Republicans and I Just a few months ago, when leaders APPOINTMENT OF ACTING have been stressing the need for pro- on both sides put their names to a bi- PRESIDENT PRO TEMPORE ductive, bipartisan cooperation on partisan-bicameral roadmap for the ap- The PRESIDING OFFICER. The these pressing subjects: funding for the propriations process, it looked as clerk will please read a communication Federal Government, Defense appro- though we might keep partisan dis- to the Senate from the President pro priations—the money for our troops— putes out of this process and finish up and the National Defense Authoriza- tempore (Mr. GRASSLEY). the appropriations with time to spare. The legislative clerk read the fol- tion Act. Yet, for months, our calls for Unfortunately, our Democratic col- lowing letter: the Democrats to join us in serious ne- leagues decided that picking fights gotiations have gone largely unan- with the White House was a higher pri- U.S. SENATE, swered as the Democratic leadership ority, and we spent the autumn being PRESIDENT PRO TEMPORE, Washington, DC, December 10, 2019. has opted for a different political play- mired in disputes over exactly the To the Senate: book—to obsess over impeachment and kinds of poison pills and Presidential Under the provisions of rule I, paragraph 3, obstruct this core business that we authorities the Speaker and the Demo- of the Standing Rules of the Senate, I hereby must do every year. cratic leader had previously promised

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

S6909

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VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.000 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6910 CONGRESSIONAL RECORD — SENATE December 10, 2019 would be off limits. Yet, as we speak, Mr. MCCONNELL. Madam President, Attorney General Barr had picked him. Chairman SHELBY and appropriators in I suggest the absence of a quorum. He does almost nothing in these sen- both Chambers are trying to bring The ACTING PRESIDENT pro tem- sitive areas that are not political. But months of near stalemate to a close. pore. The clerk will call the roll. you had some hope. Durham, some Last month, a bipartisan-bicameral The legislative clerk proceeded to said, had a good reputation. Well, yes- agreement was reached on sub- call the roll. terday, Durham’s statement confirmed committee allocations, and talks con- Mr. SCHUMER. Madam President, I our suspicions that he is not a non- tinue this week on outstanding issues. ask unanimous consent that the order political actor. No prosecutor worth Thanks to the months of delay, we for the quorum call be rescinded. his salt would release a political state- have a long way to go and a very short The ACTING PRESIDENT pro tem- ment like he did while conducting an time in which to do it. I hope that our pore. Without objection, it is so or- investigation. Because of issuing that Democratic colleagues can finally dered. statement, Durham has lost a great stick to the terms of the budget agree- RECOGNITION OF THE MINORITY LEADER deal of credibility even before he issues ment and keep partisan policy fights The ACTING PRESIDENT pro tem- his report. No one who is thinking of out of this process. That is the only pore. The Democratic leader is recog- these things down the middle is going way both Chambers will have a chance nized. to think Durham is a dispassionate, of being able to vote on funding bills INSPECTOR GENERAL REPORT nonpolitical observer because he has before the end of this year. Mr. SCHUMER. Madam President, already shown himself to be, in a cer- That brings us to the USMCA. For for years, President Trump has specu- tain sense, a henchman of Mr. Barr and the better part of the past year, Presi- lated wildly about a ‘‘deep state’’ con- his political activities. dent Trump’s landmark agreement to spiracy against his Presidency based on To emphasize the broad acceptance of update North American trade policy the claim that the FBI opened an in- the IG report, FBI Director Wray, ap- has been languishing as Speaker vestigation into the President’s cam- pointed by President Trump, embraced PELOSI and the House Democrats have paign with political bias, with the ex- the report. indulged further and further in im- plicit purpose that they were out to get When Director Wray asked whether peachment. There are 176,000 new him. he thought the FBI targeted the Trump Americans jobs that have sat waiting Yesterday, the Department of Justice campaign, he said I do not. And for on ice as the Speaker has offered luke- inspector general released a report that that, not surprising, but still rather, warm assurances month after month puts this conspiracy theory to bed. The again, low, shallow, and disgusting, that her caucus is hoping to be ‘‘on a report conclusively debunks the base- President Trump lashed out this morn- path to yes.’’ This week, at long last, it less conspiracy that the investigation ing at the FBI Director, saying, ‘‘I do into Mr. Trump’s campaign and its ties appears that the House Democrats may not know what the current Director of to Russia originated with political finally be willing to take action for the FBI was reading, but it wasn’t the bias. In fact, the report quotes the FBI American workers and job creators and one given to me.’’ let the House vote on the President’s Deputy General Counsel as saying that President Trump, if you actually deal. I was pleased to hear that U.S. ‘‘the FBI would have been derelict in read the report, you would understand negotiators, led by Robert Lighthizer, our responsibility had we not opened exactly what FBI Director Wray was were to head to Mexico today to final- the case.’’ talking about, and you would under- Let me repeat that from the No. 2 ize the details on this important win stand exactly why it was his duty to counsel at the FBI. ‘‘The FBI would for the American economy. I hope this defend his department when they be- forward momentum continues. have been derelict in our responsibility had we not opened the case.’’ have on a nonpolitical rule of law So that is the state of play. There is basis. a lot left to do for the American fami- Donald Trump commits so many wrongs, and when people call him on it, My friends, it is a sad state of affairs lies we represent if our Democratic col- when truth tellers have no place in leagues will simply allow it, and it will he blames somebody and comes up with a conspiracy. And the most amazing Trump’s Washington. Anyone inside certainly take a great deal of coopera- the Trump administration willing to tion and consent right here in the Sen- thing is that not just his appointees but these Senators in this Chamber— speak truth to power—Secretary ate if we intend to consider and pass almost too many of them—just echo Mattis, DNI Director Coats, even Chief these measures before the end of the those crazy theories designed to divert of Staff Kelly towards the end, and so year. many others—cannot survive the Presi- Obstruction and stalemate have us from the truth. The inspector general of the Depart- dent’s insistence on blind loyalty, can- brought us to the eleventh hour. I hope ment of Justice, Michael Horowitz, has not survive the fact that the President that, now that we are here, both Cham- been praised for years by Members on makes them tell lies and mistruths to bers will be able to set aside the Demo- both sides of the aisle for his integrity continue to serve him. crats’ impeachment parade long and for his fairness. There is no reason If you do not act in febrile obeisance enough to get the people’s business fi- to doubt the report’s conclusion. He to President Trump, he will turn on nally finished. has never been accused of bias before. you, so this quality of people in this f Attorney General Barr and LINDSEY administration is getting lower and CONCLUSION OF MORNING GRAHAM praised Mr. Horowitz, but all lower and lower. Top-notch people and BUSINESS of a sudden, they are casting aspersions the ability to govern and make smart on him and his report. Only political decisions and the ability to care about The ACTING PRESIDENT pro tem- actors doubt this report—political ac- the truth often go hand in hand, but if pore. Morning business is closed. tors like Attorney General Barr and you care about the truth, you are out, f now, it seems, as well, his handpicked and so Trump loses quality people in EXECUTIVE SESSION Federal prosecutor, John Durham. his administration. And the only peo- Attorney General Barr has all too ple who survive are willing to bow often acted on behalf of the President’s down to Donald, who will do just what EXECUTIVE CALENDAR interests rather than as a neutral law he wants and says, even when they The ACTING PRESIDENT pro tem- enforcement officer. He almost seems a know it is false. pore. Under the previous order, the hatchet man on a political campaign And that is why this administration Senate will proceed to executive ses- rather than an Attorney General—an is so erratic, so disjointed, so ineffec- sion to resume consideration of the fol- august position—following the rule of tive, and, at this time, so unpopular lowing nomination, which the clerk law and trying to shield that office with the majority of the American peo- will report. from politics whenever possible. In- ple. The American people know that The legislative clerk read the nomi- stead, Barr loves to jump into the po- Mattis is a fine man. They know that nation of Patrick J. Bumatay, of Cali- litical pool of muck. Wray is a fine man. They know that fornia, to be United States Circuit I was skeptical when Mr. Barr ap- they are the kind of people that, if Judge for the Ninth Circuit. pointed John Durham simply because Trump says tell a lie, they won’t. But,

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.001 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6911 unfortunately, the people in this ad- truth—we can disagree on the outcome is not the norm anymore. Most fami- ministration who remain are willing to of those facts, but we can’t have truth lies have two working parents, and we do just that. And that said, as I said, it of the fact—and everything is fake have lots of single parents who bear is a very sad state of affairs and one of news, particularly those from the right the load of raising a family. All it the reasons this administration has who don’t like the truth. When con- takes is one serious illness, complica- such a difficult relationship with the spiracy theories that have no basis in tion, or accident to wreak financial truth. fact govern, our democracy is at risk. havoc on that family. The President conjures fictions, buys It is one of the main reasons I think so It is no surprise that paid family into baseless conspiracy theories told many Americans believe, whatever leave ranks near the top of voters’ con- by known buyers on FOX News or their ideology, that President Trump cerns. The United States is the only de- somewhere else, and then anyone who should not be President. veloped nation in the world that does contradicts him earns his scorn. Con- The conspiracy theories are not not guarantee paid leave for parents of tradict him enough, if you are in the harmless. They are sinister. They are newborns or newly adopted. I hope administration, you lose your job. insidious. They erode the democratic that, after we pass parental leave for Now, more worry. Amazingly, this fabric of this country. They erode our Federal employees, employees in the afternoon, the President and Secretary fidelity of truth which is at the basis of private sector will take notice and of State Pompeo will meet in secret democracy, and they help Putin sow they will act as well. If this spreads with Russian Foreign Minister Sergei discord in our country. Conspiracies throughout America, as often Federal Lavrov. It shows a blinding disregard need to stop. If the White House would policies do, it will be a great thing for with what is going on in Congress and like to submit evidence or offer wit- our parents and our children. Today, only 16 percent of workers in the world right now. Russian intel- nesses to make the President’s case, the private sector have access to paid ligence has been pushing the baseless please do so. They haven’t done it once. leave. Studies overwhelmingly show theory that Ukraine interfered in the Instead, the White House is blocking that, when working parents can take 2016 elections, not just Putin, as a way documents and withholding witnesses care of their families without the fear to divide the West and defend Putin. who could potentially defend the Presi- of losing jobs, families are better off, Certain Republican Senators have dent’s action, a surefire sign, as ANGUS and the economy is better off as well. stunningly repeated that falsehood KING said in his op-ed, that the Presi- So I am glad that the long push we around these corridors, and now, Presi- dent has something to hide. have made on this side of the aisle for dent Trump and Secretary of State Given that the House announced it parental leave has been secured for all Pompeo are meeting with the Russian would write two Articles of Impeach- family workers. I hope it will become a ment this morning, the White House’s Foreign Minister in secret. What new reality soon for all workers, and I want refusal to rebut the evidence under conspiracies are they cooking up with to thank my colleagues who helped oath is something not lost on the Mem- Lavrov today? I worry. The President make this a reality. has been so unable to articulate a de- bers of the U.S. Senate who could soon NET NEUTRALITY fense of the facts uncovered in the be judges and jurors in a Senate trial. Madam President, on net neutrality, House impeachment inquiry that he NATIONAL DEFENSE AUTHORIZATION ACT this Saturday marks the second anni- has resorted to one conspiracy after Madam President, on another happier versary of the FCC’s party-line deci- the next to explain his conduct. His al- subject, over the weekend, negotiations sion to repeal the net neutrality rules. lies, including Members of the Senate on the annual defense bill concluded. To restore the safeguards of a free and Republican Caucus, have elevated sev- There are lots of things missing in that open net that those rules protected, eral of these theories. bill, things that should have been in- today my colleagues Senators MARKEY, Here in the Senate, certain members cluded but were blocked by the Repub- CANTWELL, and WYDEN will ask the of the Grand Old Party are forming lican majority in the Senate. But there Senate’s consent to pass the Save the their own conspiracy caucus. Any is one very good thing, among a few Internet Act, which codifies net neu- crazy conspiracy, whether launched by others. I am proud that the bill will trality in a similar manner to last Putin or some wild-eyed crazy con- now provide all Federal employees year’s Congressional Review Act, spiracy theorist, who manages, of with 12 weeks of paid parental leave, which passed the Senate with strong course, all the time to get on FOX something Democrats have pursued for bipartisan support. News and have his story or her story a long time. I thank those Senators and so many repeated, it is something that my col- Once the NDAA is passed—hopefully others for their leadership on this im- leagues just repeat even though it is in the coming week—1 million Federal portant and sometimes overlooked clear they are false, and they know employees will no longer have to issue. Net neutrality is based on a very they are false. choose between caring for a newborn simple idea, that the internet, just like ANGUS KING had a great op-ed last and putting food on the table. This is our phones, our highways, our power week in USA Today, which I commend huge, huge news. It will make the lives sources, is a public good that all Amer- to every one of my colleagues. It basi- of millions of families better if you icans should have access to without cally said, if what the impeachment have a newborn baby that needs care, discrimination, whether you are a big proceeding has found is false, then he or she. I just had a grandson who company or a startup, a rural school or where are the Trump people to refute turned 1. I know just exactly what it is an individual consumer just like water it? Not to come up with some irrele- like. If both mom and dad work or it is companies can’t discriminate if they vant conspiracy theory and bring this a single-parent family, what is that come to their customers and say, oh, I one and that one into it that has noth- family going to do? am going to charge you $10 for a day’s ing to do with it, but actually refute It is one of the nerve-racking deci- use of water, but I am going to charge the facts, where is that? sions that impedes on the joy of the your neighbor down the street $100. President Trump has not refuted a new birth. Well, in many other coun- That would be unfair. We would not single fact that the impeachment in- tries, there is something called paid allow it. The same thing should be true quiry has found. None of his people family leave where you can take off 3 with the internet. have been willing to come forward who months and raise the child in those Under the Obama administration, net would have knowledge to refute those early days when he or she is helpless. neutrality rules prevented moneyed facts if those facts were false. And so In the United States, some private groups from getting preferential treat- they try to create a shiny object, a di- companies are progressively doing it, ment. We should return to it. The ad- version, and, unfortunately, too many but not enough. Well, now all Federal ministration has, unfortunately, sided of the news media on the right will employees will get that opportunity with big special interests and repealed spend time on that diversion and re- with parental leave. It recognizes the it. Senator MARKEY’s legislation would peat Trump’s claim that the actual changes in the world. restore the rules of the world that pro- facts are false. When I was growing up, my mom tect a free and open internet. This is the beginning of the end of stayed at home while my dad went to I thank my colleagues for bringing the democracy, when we can’t have work, who was an exterminator. That this to the Senate’s attention today.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.003 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6912 CONGRESSIONAL RECORD — SENATE December 10, 2019 I yield the floor. That said, we would be happy to work I am glad we are finally on track to The ACTING PRESIDENT pro tem- with them. We want to put clear rules get this important legislation done. pore. The majority whip. of the road in place, but that is not The final bill, of course, like most leg- Mr. THUNE. Madam President, it what they want. They want the heavy islation, is not perfect, but it will help should come as no surprise that I hand of government and the heavy ensure that our military receives the might have a different point of view hand of regulation strangling what has resources it needs to meet current than the Democrat leader when it been one of the most remarkable eco- threats and to prepare for the threats comes to the issue of net neutrality. If nomic miracles of the last half cen- of the future. you look at what has happened since tury, if you look at what the internet I am also encouraged by the fact that the FCC ruled on this, there were all has done in terms of productivity in it looks like Democrats have decided these terrible apocalyptic predictions this country. to work with us to get fiscal year 2020 that were made about how speeds were APPROPRIATIONS Defense appropriations passed before going to slow down, the internet was Madam President, I am very pleased Christmas. going to slow to a crawl, and you to hear that a deal has been reached to Needless to say, the 2020 Defense ap- wouldn’t be able to do basic applica- finally advance the 2020 fiscal year Na- propriations bill, like the authoriza- tions anymore, none of which have tional Defense Authorization Act. tion bill which I just referenced, is crit- happened. Every year, Congress takes up the ical legislation that authorizes the Obviously, we all believe—I certainly National Defense Authorization Act to funding for current and future military do, and I think most of my colleagues authorize funding for our military and priorities. It provides funding to sup- on this side believe—that if you want our national defense. Like last year’s port that pay increase for the men and to have an open and free internet, that NDAA, this year’s bill focuses on re- women who keep us safe. It provides is a good thing, and if there are con- building our military and ensuring the funding for the weapons and equip- cerns about blocking or throttling or ment our troops need right now to slowing speeds in some way, the Con- that we are prepared to meet 21st cen- carry out their missions, and it pro- gress should be heard from on that be- tury threats. While many take it for granted that vides funding for the equipment and cause what we have had now for several we have the strongest military in the technology our military would need to years is this ping-pong effect. When world, in recent years, our military ad- defeat the threats of the future. one party is in power, they change the vantage over near-peer adversaries has It provides funding for missile de- rules to suit their desires, and then the eroded. Budgetary impasses, combined fense, for research and development, other party comes to power and with increased operational demands, for ships, for planes, and for combat ve- changes it. Then you have all this liti- hicles to update our aging fleets. It gation that goes on in the courts, left our military undermanned, under- also provides funding for our allies, in- which doesn’t help anybody. All that equipped, and ill-prepared for the con- cluding $250 million in military assist- does is bog things down and generates flicts of the 21st century. In November of 2018, the bipartisan a tremendous amount of cost, and no- ance for Ukraine. This is a critical na- National Defense Strategy Commission body’s interests are served by that. tional security bill, and it needs to be So if there is a concern, and I have released a report warning that our enacted as soon as possible. articulated this on many occasions to readiness had eroded to the point It is unfortunate that we couldn’t get my colleagues on the other side, to where we might struggle to win a war this legislation done sooner, before the work with us on a legislative solution against a major power like Russia or start of the new fiscal year in October. where Congress can step in and put China, and the Commission noted that Delaying defense funding has left our clear rules of the road in place when it we would be especially vulnerable if we military short of the resources it needs comes to the internet—making sure we were ever called on to fight a war on and unable to start important new have an open and free internet—we are two fronts. That is not a good position projects. So I am glad that, at long prepared to do that, but that is not to be in. Restoring our readiness has last, the Democrats are finally willing something the Democrats have been in- been and must continue to be our top to work with us on this important leg- terested in doing. priority. islation. It is time to get this bill done They would rather have this heavy This year’s National Defense Author- so we can get our men and women in hand of government that slows this in- ization Act continues our efforts to re- uniform the resources they need with- novation down, all these wonderful build our military. It invests in the out further delay, as well as uphold our things that are happening in our econ- planes, the combat vehicles, and the national security commitments to our omy right now—the race to 5G, which ships of the future, including the Joint friends and to our allies. obviously is critically important to so Strike Fighter and the future B–21 I hope negotiations will continue to many sectors of our economy—could be bomber, which will be based at Ells- move forward and that we can get this dramatically impeded if you had the worth Air Force Base in my home legislation to the President’s desk heavy hand of government, the heavy State of South Dakota. It authorizes within the next 2 weeks, before the hand of regulation, which has been ad- funding for research and development Christmas holiday. vocated by our colleagues on the and advanced technology. It also fo- I yield the floor. Democratic side for some time, if that cuses on ensuring that we are equipped I suggest the absence of a quorum. became the norm. to meet new threats on new fronts, in- The ACTING PRESIDENT pro tem- When President Trump was elected, cluding in the space and cyber do- pore. The clerk will call the roll. and Chairman Pai was made Chairman mains. Of course, this bill invests in The senior assistant legislative clerk of the FCC, and we had a Republican our most valuable resource—our men proceeded to call the roll. FCC which did away with the heavy- and women in uniform. Mr. BARRASSO. Mr. President, I ask handed regulations of the previous ad- The National Defense Authorization unanimous consent that the order for ministration, we heard all these apoca- Act authorizes a 3.1-percent pay in- the quorum call be rescinded. lyptic predictions coming from the crease for our troops, which is the larg- The PRESIDING OFFICER (Mr. Democrats about all of the horrible est increase in a decade. This is not SCOTT of Florida). Without objection, things that were going to happen to the only something our troops have earned, it is so ordered. internet. I can tell you that my experi- it is also an important way to increase WYOMING WOMEN’S SUFFRAGE DAY ence, I think, is like most Americans. I retention in an All-Volunteer Force. Mr. BARRASSO. Mr. President, I can continue to download applications. This year’s National Defense Author- come to the floor as we celebrate I can continue to scroll and to see the ization Act also focuses on addressing today, in Wyoming, the 150th anniver- things I want to see and to toggle back the recent significant health and safety sary of Wyoming’s women’s right to and forth between different websites in issues with private on-base housing. It vote—150 years. Before we even became a way that I did before. It just flat contains measures to support military a State, women were voting in Wyo- hasn’t happened. So they are trying to spouses seeking employment and in- ming. Today, at our State capital come up with a solution for a problem creased access to childcare on military building in Cheyenne, there is a huge that does not exist. installations. celebration of people from around the

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.004 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6913 State and around the country cele- actually voting in our then territory One is the health insurance tax, or brating this historic day. and now State. the HIT tax. It is in the Obama Many people watching today may not President Benjamin Harrison signed healthcare law. It is an unfair tax that know the history of what happened 150 Wyoming’s statehood into law on July has increased insurance premiums for years ago. Yesterday afternoon, Sen- 10, 1890, upholding women’s rights. Wy- small business owners and for seniors. ator ENZI spoke on the Senate floor oming was technically the 44th State That is why I have been a longtime op- and outlined some of that history. I am to enter the Union, but Wyoming real- ponent of this health insurance tax. so proud of my home State’s amazing ly is the first State when it comes to Democrats need to help us get rid of record in advancing this entire issue women’s equality. Wyoming put the tax. They need to end it. and concern and allowance of women’s women first even before statehood. The second ObamaCare tax we must voting. Back home, 2019 is the ‘‘Year of Wyo- repeal is the so-called Cadillac health Women in Wyoming were the first in ming Women.’’ Our State is paying plan tax. The Cadillac tax affects mil- the Nation to use the right to vote. tribute to our strong women leaders. lions of Americans who are covered That is a fact. Wyoming women have We had the great honor of electing the through work, especially union work- been voting for 150 years. On December first woman Governor, Wyoming’s 14th ers. On December 5, a broad group of 10, 1869, Wyoming took a giant leap for- Governor, Nellie Tayloe Ross. Wyo- unions and employers wrote the Senate ward for women’s equality. We are ming boasts many more female firsts. leaders urging a repeal. called the Equality State. This is a lot These include the first woman to serve This is what they said. The union of the reason why. on a jury and the first female justice of leaders and supporters urged the re- Wyoming Governor Mark Gordon, in the peace, Esther Hobart Morris. Wyo- peal, and this is what they wrote to the a ceremony this morning at our State ming also claims the first all-female Senate leaders: capital in Cheyenne, is proclaiming city government. These pioneering The consequences of inaction are serious. today Wyoming Women’s Suffrage Day. women leaders were elected in 1920 in Many millions of working Americans will Wyoming is the first place in the coun- Jackson, WY. The Jackson press pay more out of pocket . . . or face reduced try to pass a law securing women’s dubbed them ‘‘the petticoat govern- health coverage. right to vote, as well as the right not ment.’’ So we celebrate 150 years of We need to end this Cadillac tax now. just to vote but to hold public office. equal rights in Wyoming and 100 years The third tax we need to repeal is the The people of Wyoming spoke loud for women nationwide. medical device tax. Really, it is a tax and clear 150 years ago today. We stood In 1919, Congress passed the 19th on innovation. The medical device tax with women 50 years ahead of the rest Amendment to the Constitution, grant- is going to restrict patients’ access to of the Nation. Wyoming was a territory ing women’s suffrage. This hard-fought new lifesaving technologies. Without congressional action, the back then. Our State had not yet legislative victory would ensure wom- health insurance tax and the medical joined the Union. That didn’t happen en’s full participation in our democ- device tax are going to take effect until 1890. Still, that is when we earned racy. To mark this 100th anniversary, again in 2020 and the Cadillac tax in the proud name of the Equality State. President Trump recently signed into Wyoming earned far more than the 2022. It is time to repeal these pun- law the Women’s Suffrage Centennial name. By leading the fight for women’s ishing taxes. We need to do this to pro- Commemorative Coin Act. I had the rights, Wyoming has forever earned a tect patients and working families all privilege of cosponsoring this legisla- hallowed place in the books of history. across the country. tion that was introduced by Senator I yield the floor. Nobody embodies that legacy more MARSHA BLACKBURN from Tennessee. I suggest the absence of a quorum. than Wyoming’s Louisa Ann Swain. On The bill passed unanimously in the The PRESIDING OFFICER. The September 6, 1870, Louisa Swain of Lar- Senate. I made sure that Wyoming’s clerk will call the roll. amie, WY, became the first woman in Esther Hobart Morris was among the The legislative clerk proceeded to the United States to vote in the gen- suffragettes honored in this legislation. call the roll. eral election. By casting her historic All Americans owe an enormous debt Mr. GARDNER. Mr. President, I ask ballot, she claimed a great victory for of gratitude to the Nation’s extraor- unanimous consent that the order for women everywhere. dinary women leaders of the past, the the quorum call be rescinded. It is a tremendous heritage that we present, and today as we pause to re- The PRESIDING OFFICER. Without celebrate today. Wyoming truly is the member where it all started 150 years objection, it is so ordered. Nation’s trailblazer for women’s equal- ago in the trailblazing State of Wyo- AGRICULTURE ity. In fact, ‘‘Equal Rights’’ is our ming, the Equality State. Mr. GARDNER. Mr. President, I State motto. HEALTHCARE come before the Senate today to recog- On November 19, the Senate unani- Mr. President, now I would like to nize a historic milestone in the Colo- mously passed the Wyoming Women’s turn to a different topic. I come to the rado agricultural community. The Col- Suffrage Day resolution. Senator ENZI floor today as the Democrats in the orado farm bureau is celebrating 100 and I cosponsored the resolution to House and in the Senate are obsessed years of representing farmers, ranch- commemorate today’s 150th anniver- with obstruction because they are ob- ers, rural communities, and every as- sary. Now the entire Nation can join in sessed over impeachment and are ob- pect of agriculture in Colorado. celebrating Wyoming’s groundbreaking structing everything else. I grew up in the Eastern Plains, the law. We have only a week left to fund the very heart of agriculture. In fact, the Then, 20 years after the law’s pas- government, to pass ‘‘America First’’ county I grew up in is one of the larg- sage, Wyoming refused to enter the trade deals, and to support our mili- est corn-producing counties in the Union as a State unless we had equal tary. Still, there is another priority country and, certainly, economically voting rights, men and women. There issue that we need to address. We must speaking, one of the top agricultural was a big fight about it in Wyoming provide relief, in my opinion, from communities in the State. and in the Nation’s Capital. When costly ObamaCare taxes. There are sev- Our livelihood, our neighbors—every- standing on principle became a major eral of those that are impacting our thing—depend on agriculture. In fact, sticking point, Wyoming stuck to its citizens around the country. when there is a downturn in agri- guns on women’s equality and actually Last week, the Centers for Medicaid culture, it is not just the next day that ended up delaying becoming a State and Medicare released a report on our community feels that. It is that over this very issue. healthcare spending. The report finds next hour that the community feels On March 26 of 1890, Wyoming state- that health insurance costs grew in the impact. It is the same with a good hood legislation narrowly passed the 2018 by a larger number than they had agriculture economy. It is not just to- U.S. House of Representatives. The the year before. morrow that we will feel the impact, measure passed the Senate a few Why does CMS believe that the rates but immediately we will feel the im- months later, but part of the debate on of insurance actually have gone up ad- pact. the floor of the House of Representa- ditionally? Well, it is because of a cou- I grew up working in a family farm tives had to do with Wyoming women ple of taxes. equipment dealership where you got to

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In 2005, the Colo- they were, the kind of relationships They show people the agriculture in- rado Farm Bureau was recognized by you built, and then, of course, the op- dustry up close, why it is important to the Department of the Interior in portunities to do business in those all of us, and the success of our rural Washington for their work at the Colo- communities. communities. rado Department of Natural Resources There are ebbs and flows, good times The Farm Bureau offers leadership to protect the mountain plover. and bad times, times of prosperity and training for young professionals, schol- This created a win-win partnership times of difficult predicaments in rural arships, college programs, health and that the government and the private America, in agriculture. In the 1980s, I safety trainings, helpful resources to sector could work in together to pre- grew up watching one of the hardest farmers, and support when it is needed emptively protect the species without times agriculture faced—watching a the most. Through the Colorado Farm listing it on the Endangered Species number of banks face foreclosures, a Bureau Foundation, the Farm Bureau Act. number of farmers face foreclosures. I has raised hundreds of thousands of The Colorado Farm Bureau was in- watched as people I knew my whole life dollars to support victims of natural strumental in opening up 300,000 acres sold their farms, gave up farming, and disasters in Colorado, whether that is a of land for data collection and research closed their businesses. drought or whether that is severe bliz- on the mountain plover’s nesting and It wasn’t that long ago—in fact, just zards. population status. Through that effort, a few years ago—that we saw some of They represent, improve, and pro- they were able to avoid listing, develop the highest priced commodities this mote all aspects of agriculture in Colo- better management practices, and help country had ever seen for a very long rado and have helped to develop the in- to grow the mountain plover popu- time. The golden years of agriculture dustry into the economic powerhouse lation. occurred just a couple of years ago be- it is and one of the strongest drivers of I look forward to continuing to hear cause of all-time high prices. That is Colorado’s economy. from Colorado Farm Bureau members not the situation we are facing today. Every year I have been honored to and farmers and ranchers across our Once you have worked in the agri- join the Colorado Farm Bureau and State, as this Chamber—this body—de- culture industry, I think you develop a have the Colorado Farm Bureau join bates new trade opportunities, new ag- very deep understanding and apprecia- me on our annual farm tour. That is a ricultural policies, and anything that tion for the men and women who have tradition I first started when I came to could impact farmers back home. Their contributions will be especially our farmers’ backs through the good the House of Representatives. Every valuable as we continue to open up new times and the bad times, like the Colo- fall we would go to the Eastern Plains markets for Colorado producers, invest rado Farm Bureau. The Farm Bureau of Colorado and the Western Slope of in rural communities, and manage our plays a vital role in the wellbeing of all Colorado and talk to everyone from public lands. aspects of agriculture. It gives rural peach growers in Palisade to corn Last month, the Senate passed a res- communities a prominent voice when growers in Kiowa and beyond, and we olution I introduced with my col- had opportunities to learn how we can the government is debating policies league, Senator BENNET, celebrating that impact their farms, their finances, help every nook and cranny of the this historic 100th anniversary, recog- and their families. State when it comes to agriculture. nizing all of the Colorado Farm Bu- The Colorado Farm Bureau began in This year, we have traveled to 15 dif- reau’s past, present, and future efforts 1919, when a group of farmers, ranchers, ferent counties across Colorado, vis- to promote and advocate farm and veterinarians, rural doctors, shop- iting family farms, ranches, and agri- ranch interests. keepers, and tradesmen in 10 local cultural businesses. We held I ask my colleagues in the Senate to counties met to form what was termed roundtables with locally elected offi- join me today in celebrating the Colo- a ‘‘Farm Bureau.’’ Their goal was to cials. We went to a wind farm and rado Farm Bureaus’s rich history and make the business of farming more talked about the impact that renew- contributions to the ag industry, not profitable and the community a better able energy is having in positive as- just in Colorado but across the United place to live. The organization strug- pects for our farmers and ranchers. States. Congratulations to the Colo- gled through the years and almost died This farm tour wouldn’t be possible rado Farm Bureau for your 100 years of out in the 1930s. without the Farm Bureau and the oth- being a strong voice for farmers, ranch- In the late 1930s and early 1940s, a ers who helped put it together and ers, and our rural communities in the group of people across Colorado orga- make sure we see these important ‘‘Centennial State’’ and for all your nized to breathe new life into that issues that we are facing. In the past, work to protect the Colorado way of Farm Bureau in Colorado. Ezra we have turned to them for their exper- life. I look forward to continuing our Alishouse, C.J. Phillips, Arthur Ander- tise in policy, their insights, experi- work together with the Farm Bureau sen, and others sold memberships to re- ence, and their partnerships as we in seeing what we can accomplish for build the organization. champion efforts that will help and the next 100 years of agriculture in Col- As a group of farmers naturally benefit rural Colorado. They have been orado. would, the Farm Bureau persisted and a great partner in providing agricul- I yield the floor. grew. They grew the Farm Bureau to tural producers with the resources and The PRESIDING OFFICER. The Sen- become the largest farm organization certainty they need to protect private ator from Montana. in the State of Colorado and expanded property rights, to protect our water- NOMINATION OF LAWRENCE VANDYKE the support they provided to ag com- ways, to ensure that farmers are treat- Mr. TESTER. Mr. President, it is no munities throughout the State. ed fairly in the Tax Code, and, re- secret that the Senate doesn’t do much In the 1940s, farmers and ranchers cently, in helping to relocate the head- around here, except for confirming were having a difficult time insuring quarters of the Bureau of Land Man- judges. But looking at the records of their operations. So the Colorado Farm agement to Grand Junction. the folks we are confirming to the Fed- Bureau created a farm insurance cas- The Farm Bureau is a regular pres- eral bench, it is clear we have forgot- ualty company. They began offering ence in Washington. I think all of us ten even how to do that. farm insurance in 1948. Later in the know that. Colorado Farm Bureau The Founding Fathers were incred- 1950s, they began offering life insurance members have played an important ibly visionary. When they set up the for those in the agriculture commu- role in developing policy. They are not Federal judiciary, they hoped to insu- nity. afraid to get their hands dirty and of late it from political influence. How? Today, the Colorado Farm Bureau the hard work it takes to get good leg- By giving them lifetime appointments, represents 23,000 member families, 45 islation passed. with the advice and consent of the Sen- local county Farm Bureaus, and is one The Colorado Farm Bureau takes on ate. In doing so, they gave the Sen- of the largest farmer-led organizations difficult issues and has a real impact ators the most solemn of responsibil- in the State of Colorado. The Colorado on people’s lives. Their dedicated work ities we have in this body: evaluating

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.007 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6915 judicial nominees on their independ- and he said, basically, if you can’t Mrs. MURRAY. Mr. President, I ask ence, their fairness, their tempera- achieve a ‘‘qualified’’ rating by the unanimous consent that the order for ment, and their judgment. American Bar Association, you are a the quorum call be rescinded. Unfortunately, these days, the Re- train wreck. That is what Mr. VanDyke The PRESIDING OFFICER. Without publican majority seems to have is. objection, it is so ordered. thrown qualifications out the window. His nomination is opposed by over 200 Mrs. MURRAY. Mr. President, I ask Instead, they give out lifetime appoint- conservation, education, civil rights, unanimous consent to speak as in ments to the court like candy. This and other organizations. He is also op- morning business. doesn’t prevent partisanship from in- posed by six former Montana Supreme The PRESIDING OFFICER. Without fluencing our judicial system; it en- Court justices, folks that Montanans objection, it is so ordered. sures partisanship. The latest example did elect to sit on the highest court in OVER-THE-COUNTER MONOGRAPH SAFETY, is Lawrence VanDyke’s nomination to our State. They wrote of Mr. VanDyke: INNOVATION, AND REFORM ACT the Ninth Circuit Court of Appeals, It is doubtful that he understands that ju- Mrs. MURRAY. Mr. President, last which has jurisdiction over Montana. dicial decisions must be based solely on the week, when I joined my colleagues to Mr. VanDyke is a familiar face to facts of the case and on the law. . . . We recognize Senator ISAKSON, I men- Montanans because he grew up and at- strongly believe that Mr. VanDyke has dem- tioned that when Johnny says he is tended school in the great State of onstrated that he has neither the qualifica- going to get something done, you know Montana. He also served as Montana’s tions nor the temperament to serve as a fed- it will get done. The bill we are getting eral court of appeals judge. solicitor general before resigning to ready to pass today in a few hours, the run an unsuccessful race for the State His coworkers from his time as Mon- Over-the-Counter Monograph Safety, supreme court. tana’s solicitor general seem to agree. Innovation, and Reform Act, which he Montanans can separate the wheat A former assistant attorney general has worked on with Senator CASEY, from the chaff pretty well, and after who worked with VanDyke wrote pri- proves it once again. examining his record and judgment, vately to his colleagues: Every day, people head to their local they found Mr. VanDyke unqualified to Ever since he has arrived, Mr. VanDyke pharmacy or retail store for over-the- serve on the State’s highest court. has been arrogant and disrespectful to oth- counter medications to deal with a ers, both in and outside of this office. He cough or a sore throat or a stomach Montanans rejected him overwhelm- avoids work. He does not have the skills to ingly at the ballot box, but now the perform, nor desire to learn how to perform, ache. Every day, parents across the majority leader wants to give him a the work of a lawyer. Now that he has re- country turn to the medicine cabinet lifetime seat on the bench. signed— after someone comes home with a Once you start to dig into Mr. That was when he resigned to run for scrape or a bug bite or poison ivy. VanDyke’s extreme record, it is not the supreme court— Every day, there are countless other hard to see why folks in my State were and refuses to work on cases assigned to health concerns people look to treat concerned about his ability to be fair him, while remaining on the payroll for the quickly, safely, and effectively with and independent. This is a man who be- next several months. over-the-counter drugs. That is why lieves a government should insert itself In fact, even Mr. VanDyke doesn’t this legislation is so important. between a woman and her doctor when consider himself qualified to perform The pace of scientific discovery she is trying to make private the basic duties of a lawyer. He once seems to speed up every day, but the healthcare decisions. This is a man explained in an email that he has no over-the-counter monograph system— who, as Montana’s solicitor general, experience in discovery, experts, stipu- the system for how these drugs are reg- worked to oppose same-sex marriage lations, or in meeting and conferring ulated and brought to market—has not and questioned the ability of same-sex with opposing counsel. kept pace. The current system has not partners to properly raise children. I am no lawyer, but those sound like changed, actually, since 1972, and it This is a man who supports opening our the tasks that someone up for a life- sorely needs to. Right now, even after public lands to mining and drilling. time judicial appointment should know the science has made clear that small By the way, our public lands con- how to do. changes to the monograph, or recipe, tribute more than $7 billion to our Let me put it this way. If I were for an over-the-counter drug might economy. Nonetheless, open it up, drill looking for a contractor to do work on make it safer or more effective, it can it, and mine it. And this is a man who my farm and the contractor had these take years for those changes to be ap- ridiculed Montana’s deep belief that kinds of qualifications, I would not proved under the current outdated corporations are not people. He argued hire him for 1 minute, much less give process. Even small changes to a drug in favor of unchecked money flowing him a job for a lifetime. label, including changes regarding im- into our elections. He believed that I spend more time in Washington, portant new safety information, can be corporations were people and, in fact, DC, than I would like, which is how I held up for years. his race for supreme court in Montana know there is no shortage of lawyers The Over-the-Counter Monograph received over $600,000 in outside spend- around here and around the country. Safety, Innovation, and Reform Act ing—$170,000 from the Koch brothers There is absolutely no reason that we takes long-needed steps to address this alone. can’t find someone better suited to this problem and streamline the way over- My guess is that some of my friends position than Lawrence VanDyke. the-counter drugs are regulated and on the other side of the aisle view Mr. I know it is too much to hope that brought to market. These changes will VanDyke’s extreme positions as an the Senate will act with as much com- allow the Food and Drug Administra- asset, not an issue. They may point to mon sense as the folks in Montana do, tion to do more to protect public the fact that he claimed he would be but I do expect us to have the decency health and make sure over-the-counter objective during his confirmation hear- to respect the will of Montana voters drugs, ingredients, and labels reflect ing. and reject Mr. VanDyke for a seat on the latest science. It will also encour- The fact is, we cannot trust Mr. Van- the Ninth Circuit Court of Appeals. age the development of new products to Dyke to put aside his past positions I urge my colleagues to take a look better meet the needs of patients. The and give everyone who comes before his at the record, to take a look at what he legislation allows the FDA to collect court a fair shake, to be fair and im- has done, to know it will not be a fair user fees for reviewing over-the- partial. and impartial court if he is put on it, counter drugs to make sure it has the Mr. VanDyke has never been a judge, and I urge my colleagues to oppose his resources it needs to do this important and he was rated as ‘‘not qualified’’ by nomination. job. the nonpartisan, nonpolitical American I yield the floor. Many families rely on over-the- Bar Association. I suggest the absence of a quorum. counter drugs each day for a lot of dif- By the way, this isn’t the first nomi- The PRESIDING OFFICER. The ferent reasons. It is very important nee who has come up who has been clerk will call the roll. that these medications and the labels rated as ‘‘not qualified.’’ I asked a law- The legislative clerk proceeded to we turn to for information about them yer friend of mine what that means, call the roll. are safe, that they are effective, and

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.009 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6916 CONGRESSIONAL RECORD — SENATE December 10, 2019 that they are as up-to-date with the Unfortunately, the rules for a Con- trality rules, everything has been just latest science as possible. Thanks to gressional Review Act that allow just fine, but we are not falling for that. As the efforts of Senator ISAKSON and Sen- 30 Senators to force the majority to the legal challenges over this issue ator CASEY, this bill we will vote on schedule a vote is not an option in this have taken place over the last 2 years, this afternoon will help accomplish Congress because the right to bring a internet providers have had every in- that by updating the over-the-counter Congressional Review Act resolution to centive to keep a low profile, to keep monograph system for the first time in the floor has a time limit on it, which things as they were. But ultimately, decades. I know how important this has now expired. So, instead, today we the question before the Senate today is bill has been to Senator ISAKSON and once again call for an immediate vote whether consumers trust their internet how he has worked so hard on it for on the Save the Internet Act. companies to do the right thing with- many years. I want to tell him how Already, in June, our Republican col- out being told they have to. We know grateful I am. I want him to know that leagues failed to listen to the voices of that consumers rightfully don’t trust I am particularly grateful for his com- their constituents and blocked a vote the broadband barons. mitment to getting this done for fami- from happening. Sadly, the Repub- It is time we do the right thing for lies back in Georgia and across the licans plan to stonewall us again and the American people. We can start with country. to block this vote. This is yet another passing the Save the Internet Act and I yield the floor. example of the Republican Party refus- protecting the internet as we know it. The PRESIDING OFFICER. The Sen- ing to side with the ordinary people in The American people want action now. ator from Massachusetts. our country—families, small busi- The Democrats are committed to fight- UNANIMOUS CONSENT REQUEST—S. 682 nesses, startups, entrepreneurs, anyone ing on their behalf. Net neutrality just Mr. MARKEY. Mr. President, today I with an idea who needs the internet to stands for nondiscrimination online. rise in defense of net neutrality. This get it off the ground. You can’t be biased against a smaller week marks the 2-year anniversary of Under Senator MCCONNELL’s leader- voice, a smaller company, a startup; it the Trump FCC’s wrongheaded decision ship, the Republicans have buried this is not allowed. That is what net neu- to repeal net neutrality. bill in their legislative graveyard. In- trality says to all the big broadband gi- First, let’s be clear about what we stead of passing legislation, instead of ants—you cannot discriminate. Net are discussing today. Net neutrality is acting on legislation which already neutrality is something that is at the just another way of saying non- passed in the Senate in 2018 and which heart of what the 21st century should discrimination. That is what it is all passed the House of Representatives stand for in this internet age. about. It is just another way of saying this April, Leader MCCONNELL has done I urge my colleagues to support this that big companies online can’t dis- little but confirm unqualified, ex- motion. I yield to the great leader of the criminate against individual con- treme-right nominees for the Trump State of Washington, Senator CANT- sumers; that large companies can’t dis- administration. criminate against smaller companies Just listen to some of the bills that WELL. Ms. CANTWELL. Mr. President, I and startups; that corporations can’t Senate Republicans refuse to act on rise today to join my colleague from stifle speech online; that once you pay that have already moved through the Massachusetts, who has been a leader your monthly internet service bill, you House of Representatives this year: the on this important issue of net neu- Violence Against Women’s Act, voting can go anywhere you want on the trality. I want to speak and back up and democracy reform, gun background internet without Charter or Comcast what he said today about why it is so or AT&T or Verizon slowing down or checks, paycheck fairness, and the important and that we need to fight to blocking your path to a website of your Paris climate agreement. The answer protect a free and open internet, before choosing. from the Republican leadership is no, I do, I would just like to mention that Despite all this, 2 years ago this no, no, no. That is what continues to yesterday we filed a bill dealing with week, the Trump Federal Communica- happen. Net neutrality is part of that trade enforcement. tions Commission voted to throw out chorus of ‘‘noes’’ that the Republicans The reason I bring that up is because net neutrality at the behest of the aim at legislation the American people today there is going to be a lot of dis- broadband barons. Since then, we have want and need to have passed here in cussion about trade writ large. It is watched as countless citizens, compa- the Senate. very important that in the trade dis- nies, and activists have continued to But the Senate majority leader and cussion, we also have trade enforce- stand up and demand that net neu- his Republican colleagues can keep ment. Much of what we filed yesterday trality be restored. populating the legislative graveyard at is what we hope to see in an agreement This spring, the House of Representa- their political peril because this is the that is now being unveiled, and this tives took an important step in passing agenda the American people want to builds on capacity building, which is the Save the Internet Act. My legisla- see the Senate debating. They want to very important. We want to make sure tion in the Senate would overturn the see these laws put on the books to pro- we have the enforcement capabilities Trump administration FCC’s decision tect families in this country. The at USTR and now the capacity and en- and restore net neutrality protections. issues they are blocking are enor- forcement in Mexico to make these In the Senate, we have already success- mously popular, and most have bipar- agreements work in the future. I look fully passed the same proposal on a bi- tisan support. Net neutrality is one of forward to discussing that with my col- partisan basis. those issues. leagues. In April of 2018, my Congressional The Save the Internet Act—the bill I am really here to talk about how 2 Review Act resolution passed in the we are debating today—does exactly years ago, the Trump administration, Senate by a bipartisan vote of 52 to 47. what the American people want. It re- basically, with the FCC at the helm, We debated net neutrality, and the stores the rules that ensure families repealed net neutrality and put Big Senate decided to join the majority of aren’t subjected to higher prices, slow- Cable in charge of our internet future. Americans and support a free and open er internet speeds, and even blocked Despite 83 percent of all Americans and internet. In that vote, we sent a mes- websites because the big internet pro- a majority of Independents, Democrats, sage to President Trump about what it viders want to pump up their profits. and Republicans supporting a free and means to have an internet free of cor- That is what today’s fight is all about. open internet—that means making porate control and open to all who It is a fight for innovation; for sure they weren’t charged excessive want to communicate, engage, and in- entrepreneurialism; for the American rates—the FCC chose to side with cable novate. We made clear that this Con- economy; a fight for free speech, which companies. gress won’t fall for President Trump’s is the cornerstone of our democracy; Not long after, Verizon throttled the special interest agenda that just wants and a fight for the most powerful plat- broadband service of Santa Clara fire- to block, slow down, or discriminate form for commerce and communica- fighters in California when they were against content online just to charge tions in the history of the planet. in the midst of fighting the massive Americans more on their cable and Some will argue that since the Mendocino Complex Fire in 2018. De- internet bills. Trump FCC ripped away the net neu- spite firefighters’ urgent pleas to stop

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.010 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6917 the throttling, Verizon refused to do tation has always framed the issue of I look forward to being in my home so. net neutrality and consumer rights ap- State of Oregon in a couple of days and For those who don’t understand what propriately. having town meetings. What I like the throttling is, we are always concerned I am going to speak for just a few most is when people speak up on issues that without rules of the road, compa- minutes. Then, on behalf of our side— like fairness and net neutrality, and I nies would slow down some access to on behalf of the Democratic caucus— am going to hear about it this week- internet sites. This is so important be- Senator MARKEY, our friend from Mas- end. Other States have policies like Or- cause we don’t want an internet that is sachusetts, will propound a unanimous egon’s as well. based on how much you pay for faster consent request. I note that the chair- Here in Congress, on this side of the broadband access. man of the committee is here, and we aisle—and you will see it when Senator We think that to slow down impor- will have a bit of discussion. MARKEY offers his proposal in a mo- tant sites like public service sites or Let me give a bit of history on this. ment—we are going to keep up the any sites or to base an internet on how Senator MARKEY introduced the first fight to protect consumers from Ajit much you pay is the wrong direction. net neutrality bill as a Member of the Pai and the Trump FCC. We still have More importantly, we need to make other Chamber, and I introduced the that vision of the original internet sure we are policing this. Even today, first net neutrality bill in the U.S. Sen- that Senator MARKEY and I talked as we have no Federal agency with ate. Right out of the gate, I think it is about when he offered the first pro- clear authority to adopt hard and fast important for people to understand posal in the House and I offered the rules to keep that situation from hap- what this issue is all about. Real net first proposal in the Senate. What pening again, we need to keep fighting. neutrality empowers consumers. After could be more simple than putting the Another example is that wireless car- they pay their internet access fees, consumer in the driver’s seat? You can riers have been accused of potentially they get to go where they want, when say where you want to go, when you throttling subscribers to Netflix, they want, and how they want. What want, and how you want. Now we are YouTube, and Sprint and allegedly Ajit Pai and Donald Trump want is talking today—years later—about the something very different. They want interfering with Skype services. Again, cable companies being able to say they an internet policy that lets Big Cable that is another example of why we are going to decide those very issues. have to keep our message about a free get what it wants, when Big Cable I am very pleased—and I think it is and open internet no matter where we wants it, and how Big Cable wants it. very appropriate—that after years of look, where we live, or where we are That is the difference here. leadership on this issue in both the Who is in the driver’s seat? accessing the internet. other body and in the U.S. Senate that Senator MARKEY, Senator CANTWELL, It is long past time for the Senate to and I say that this is what the beauty Senator MARKEY is going to speak for vote on the Save the Internet Act— of the internet has always been about, our caucus on this issue and call for something on which our colleague from which is really simple. The consumer is the Senate to pass his legislation so as Massachusetts has been a leader. in the driver’s seat. We don’t have an to have a truly free and open internet Our bill would restore the protec- information aristocracy with lanes and for the entire country. tions for a free and open internet that all kinds of favoritism for the powerful If you don’t get the Markey proposal, were had by the Obama FCC in 2015, and the influential. It is where the stu- what you are going to see are big cable which would mean no blocking, throt- dent, the small business, and the per- companies that will, bit by bit, little tling, or paid prioritization would be son without power and clout gets the by little, keep ratcheting up the cost of allowed. The FCC would have the flexi- same fair shake as everybody else. internet access. By the way, their ble legal standards by which to address What we have said is we want to keep strategy is to do that little by little be- concerns that would arise from these the consumer in the driver’s seat, and cause they are hoping nobody will ever big cable companies’ threats to a free Mr. Pai and Donald Trump want a dif- complain and that nobody will notice. and open internet. ferent notion of internet freedom. Senator MARKEY and I and our caucus Again, I thank the Senator from What they really want to say is that have figured out that the cable compa- Massachusetts for his leadership—per- internet freedom is Big Cable freedom. nies are trying to disguise price hikes sistent both in the House and the Sen- That is their idea about how we ought and data limits in the end by flashing ate—in stressing how important this is. to approach the internet. At the end of discounts on bundles of content. What As my colleagues know, these issues the day, if the policy here is about let- the cable people are talking about is a are going to be very important in the ting Big Cable rig the internet in favor bad deal for consumers, and it is a bad future, not just with regard to privacy, of those who can afford to pay more deal because Ajit Pai and Donald which the Senator has also been a lead- and shake down everybody else, people Trump want to put Big Cable profits er on—and I very much appreciate that will have a choice to do that, but that over the interests of the typical Amer- the hometown newspaper wrote a glow- is not the choice Senator MARKEY and ican. ing endorsement of the legislation he I are going to make. With my full support, I appreciate and I have just recently introduced on Cable companies are already tricking Senator MARKEY’s offering this legisla- privacy—but in understanding that in people into buying so-called unlimited tion today. In going forward, we are the information age, you have to give service plans that limit their service. going to be working with him to keep consumers rights, that you have to People have uncovered the way they up this fight, and I look forward to the give them the right to privacy, and have throttled service for particular discussion. that you have to give them the right to users, including for first responders in I notice that my colleague from the a free and open internet that is not times of emergency. Megamergers that end of the alphabet and my friend, the controlled in speed and that is not con- involve telecom and entertainment chairman of the committee, is here, trolled by one’s saying, If you pay us companies also limit competition and and we will have a little back-and- more, we will give you access. This is threaten to balkanize the internet. forth. going to be a key communication tool We are talking about fracturing the I yield the floor. for the 21st century, and it needs to be internet into small bundles that cost The PRESIDING OFFICER. The Sen- open. big money. That is the vision the cable ator from Massachusetts. I thank my colleague for raising this companies have—not net neutrality— Mr. MARKEY. Mr. President, I agree important issue, and I will continue to by which you head in a direction with every word Senator WYDEN has work with him and our other col- whereby consumers pay a lot more for just spoken on the Senate floor, and I leagues to make it the law of the land. entertainment and information and thank him for his leadership in going I yield the floor. small businesses scratch their heads back to 2006, which was when we first The PRESIDING OFFICER. The Sen- and ask: How in the world am I going introduced into the U.S. Congress leg- ator from Oregon. to compete with the big guys online? islation on net neutrality. We did it Mr. WYDEN. Mr. President, our Fortunately, the courts recently said then because it was important, and we ranking member on the Committee on the Trump administration can’t over- are doing it today because it is criti- Commerce, Science, and Transpor- rule States on net neutrality. cally important.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.012 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6918 CONGRESSIONAL RECORD — SENATE December 10, 2019 The question is really whether the tions that scared off investment, par- So I absolutely feel that what just internet is going to be free and open or ticularly the Depression-era title II happened is a disservice to consumers whether it is going to have the prin- regulation, as if the internet were and innovators in our country; that ciples of nondiscrimination. Smaller going to be governed like a utility they should be allowed to have net neu- voices, smaller companies, startup company from the 1930s and 1940s. It trality as their protection, and I think, companies, and individuals in our soci- did away with them. again, that we are on the right side of ety must be protected on the internet Since that time—in the 2 years of history in propounding this legislation in the future. That is what net neu- America’s operating under what my to be brought out here, and, ulti- trality is all about. friends would end with this legisla- mately, today history was not served We are on the right side of history on tion—more Americans have been con- well. this issue. Every day that goes by fur- nected to the internet than ever before. I yield the floor. ther instructs us as to how central the We have faster internet speeds than The PRESIDING OFFICER. The Sen- internet is in our country and on the ever before. Now, in States like my ator from Mississippi. planet. Ultimately, it has to be open, home State of Mississippi and all Mr. WICKER. Mr. President, I would simply say in response to my good and it has to be free. It cannot have across the great heartland of America, friend from Massachusetts: Where are nondiscrimination built into it because more rural Americans get more inter- the fast and slow lanes? They may hap- a small handful of huge companies de- net at faster speeds. pen sometimes. We have been warned cide they have a right to discriminate. We have two choices today—the one for 2 years this is going to happen. It I thank the Senator from Oregon, from 4 years ago that led to less hasn’t happened. and I thank our leader on the Com- growth and a recession in the growth of the internet or the one from the past 2 What has happened is the greatest mittee on Commerce, Science, and growth in the internet that we have Transportation, Senator CANTWELL of years, whereby we have been better off than ever before. seen, as opposed to the stifled growth Washington State, for their great lead- we had during the 2 years of title II ership on this issue. I will agree with my colleagues in one respect. We should have no dis- regulation under the Obama adminis- Mr. President, as in legislative ses- tration. sion, I ask unanimous consent that the crimination online, and we don’t have discrimination online today. There are I want to work with them on non- Committee on Commerce, Science, and discrimination online. Everyone wants Transportation be discharged from fur- no lanes, as my friends on the other side of the aisle have said. There is no a fair and open internet, but I think ev- ther consideration of S. 682; further, eryone also wants the great growth we that the Senate proceed to its imme- favoritism in what we are doing. We just have prosperity and huge growth have had over the past 2 years, and we diate consideration, the bill be consid- can have it with a bipartisan bill like ered read a third time and passed, and in the internet. If my friends on the other side of the the one Senator SINEMA and I are the motion to reconsider be considered aisle want to join us in enacting a per- working on and unlike the idea of put- made and laid upon the table with no manent statute so we don’t go back ting us under depression-era rules. intervening action or debate. I yield the floor. and forth between a regime of Demo- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- cratic-controlled FCCs and Republican- objection? ator from Tennessee. controlled FCCs, if they would like to The Senator from Mississippi. OVER-THE-COUNTER MONOGRAPH SAFETY, help us in that regard, statutorily Mr. WICKER. Mr. President, in re- INNOVATION, AND REFORM ACT serving the right to object, let me dis- place nondiscrimination online in the Mr. ALEXANDER. Mr. President, law, free and open internet in the law agree fundamentally with my friends every year, Americans make nearly 3 outside of the regulation of something on the other side of the aisle about who billion trips to the drugstore, phar- that we have imposed on another part is on the right side of history. macies, convenience stores to pick up I would simply offer to my distin- of our economy half a century ago, over-the-counter products such as al- then I hope they will join in the bipar- guished colleagues and to other Mem- lergy medicines, children’s cough tisan effort that Senator SINEMA and I bers of the body that we need only to syrup, or simple pain medicines such as are participating in—the Senate Net look at what has happened during the aspirin. Neutrality Bipartisan Working Group. past 2 years under the Ajit Pai-Donald As the Senate Health, Education, I would hope they would want to join Trump FCC and compare it to what Labor, and Pensions Committee was us in that regard. happened to the internet under the ap- working on the 21st Century Cures Act We can make the statute better, but in 2016, I asked Janet Woodcock, the proach being advocated by my col- I would certainly offer to my col- leagues today. Director of the Center for Drug Evalua- leagues the facts, and the facts are tion and Research at the Food and In 2015, President Obama’s FCC or- that the past 2 years have been a time dered the imposition of title II regula- Drug Administration: Are there any of great growth of the internet. The changes that really need to be made in tions to the internet. They called this previous 2 years, under depression-era net neutrality. Basically, what it the FDA’s law? This is a train—refer- rules, were a time of dramatically de- ring to the 21st century cures legisla- amounted to was a Big Government, creased investment. Depression-era set of regulations that tion—that is likely to get to the sta- For that reason, I do object to the tion. If you have something that really gave bureaucrats control over virtually unanimous consent request offered by needs to be done for the benefit of every aspect of the internet. They im- the distinguished Senator from Massa- American consumers that you haven’t plemented this in 2015, and investment chusetts. been able to get done, tell us what it is, decreased dramatically during the next The PRESIDING OFFICER (Mr. and we will put it on the train. 2 years. This was the first time in the CRUZ). Objection is heard. Well, Ms. Woodcock, who has been at history of the internet that broadband The Senator from Massachusetts. the FDA for a while, came back to me investment decreased outside of the Mr. MARKEY. Mr. President, what and said the over-the-counter mono- time of a recession. It was bad for the we just heard from the majority is, in graph. internet, bad for the public, and bad for fact, a false narrative that contends Now, what that means is these are small businesses and startups. I wonder that we have to choose between the rules that govern how all drugs if it is from this that the Save the broadband deployment and net neu- sold in pharmacies, other than pre- Internet Act would save us. If they trality, and if we don’t put net neu- scription drugs, are approved—the al- want to save us from innovation and trality back on the books, there will be lergy medicines, the cough syrups, the growth, then perhaps the Save the internet fast and slow lanes. That is simple pain medicines. Those haven’t Internet Act would get the job done, what is about to happen if we don’t act been changed since the 1970s, nearly 50 for we had no growth during that time out here on the Senate floor. Innova- years ago. and less innovation. tion will be stifled, consumers will Today the Senate, after all that Two years ago, the new FCC came in have to pay higher prices, the internet time, nearly a half century, will mod- and did away with some of these Big will not be as we have known it in the ernize these rules by passing legisla- Government, Depression-era regula- past. tion proposed by Senator ISAKSON and

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.014 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6919 Senator CASEY. It is called the Over- credit card, and to this day she is still proving our healthcare system, not un- the-Counter Monograph Safety, Inno- paying back all of the bills she accu- dermining them. vation and Reform Act. mulated within her first month of Thank you. I am sure it will get a big vote of ap- being diagnosed. I yield the floor. proval, and like a lot of other very im- Soon after, she lost her job because The PRESIDING OFFICER. The Sen- portant things that are done in the she missed so much work. She then ator from Nevada. Senate that are very, very difficult to went to work with her husband at the NOMINATION OF LAWRENCE VANDYKE do, it will look easy. gym they own in Manchester and was Ms. ROSEN. Mr. President, I stand It hasn’t been easy. It has taken a able to get health insurance through here today in opposition to the nomi- long time—nearly a half century. It the business. nation of Lawrence VanDyke to the was the one thing that the FDA said we Still, the costs remain enormous. On Ninth Circuit Court of Appeals in Ne- just can’t get done. That was in 2016, 3 average, Cassandra has to spend $150 a vada, and I stand here today because I years ago, and now Senator ISAKSON month on insulin costs alone after in- think we can all agree—no matter and Senator CASEY are getting it done. surance. Her premium is over $400 per where you are from—that Federal It is the most important law affect- month, and every 3 months she accu- judges in our States should come from ing the safety, innovation, and cost of mulates bills of over $500 due to the our communities, and they should re- over-the-counter drugs since the 1970s. cost of appointments and equipment. flect our communities. It is a great testament to Senator And, sadly, Cassandra and her husband It is unfortunate to see this Chamber ISAKSON’s leadership and legislative are nervous about starting a family be- disregard Nevada’s voice and move for- skill. He, of course, is leaving the Sen- cause their costs for care would grow ward with Mr. VanDyke’s nomination. ate at the end of this year, and this is even higher. The amount of insulin a The State of Nevada has numerous a fitting tribute to his work. woman with type 1 diabetes needs in- qualified lawyers and judges who have In the same way, I thank Senator creases three times when she is preg- done good work and have good reputa- CASEY of Pennsylvania for his excellent nant. tions in our communities, who are non- work, in bipartisan fashion, with Sen- Cassandra’s story is an example of partisan, and who would make excel- ator ISAKSON on this bill. They both de- why we need to improve our healthcare lent additions to the Ninth Circuit. But serve great credit and thanks for get- system and also why we can’t afford to the White House didn’t nominate any ting this update across the finish line. allow Washington Republicans to pull of these qualified individuals for the It may look easy, but what they have us backward. Ninth Circuit. Instead, the President done is something that hasn’t been The administration is backing a par- nominated Lawrence VanDyke, a man changed for nearly a half century and tisan lawsuit—the result of which we that the Food and Drug Administra- who wasn’t born in Nevada, didn’t grow will know soon—which would take tion said was the one thing that needed up in Nevada, didn’t go to school in Ne- healthcare away from millions of to be done to help consumers to affect vada, and doesn’t live in Nevada now. Americans, gut protections for pre- the availability, the safety, the cost, He hasn’t even set foot in Nevada for existing conditions, end Medicaid ex- and the innovation of drugs that are over a year. This administration has nominated sold across the counter that are not pansion, and eliminate the requirement prescription drugs. that insurers must cover prescription someone to serve on the Nevada seat of I yield the floor. drugs, maternity care, mental the Ninth Circuit who—and let me be The PRESIDING OFFICER. The Sen- healthcare, substance abuse treatment, clear—is not a Nevadan. Mr. VanDyke ator from New Hampshire. and so much more. is, however, a Washington, DC, lawyer HEALTHCARE With the support of Senate Repub- and failed political candidate from Ms. HASSAN. Mr. President, I rise to licans, the administration has pro- Montana who was nominated to further join my Democratic colleagues who moted what are appropriately referred his and this administration’s extreme have come to the floor in recent weeks to as junk health insurance plans. political views. to share stories from our constituents These junk plans allow insurance com- His nomination is being imposed on about the need to protect and improve panies to discriminate against Ameri- the people of Nevada, despite the many healthcare. cans who experience preexisting condi- qualified individuals in our own Throughout the last 3 years, the tions, and they also leave patients with State—individuals who are respected Trump administration and Republicans higher healthcare costs and worse in- on both sides of the aisle. in Congress have been relentless in surance coverage. As if Mr. VanDyke’s lack of any their attempts to undermine our The administration has opposed cer- meaningful connection to the State of healthcare system, and their efforts tain efforts to lower the costs of pre- Nevada wasn’t enough, Mr. VanDyke is have increased costs and made it hard- scription drugs, in particular, allowing not even qualified to hold this post, ac- er for patients to access the care they Medicare to negotiate prices on life- cording to the American Bar Associa- and their families need. saving drugs, including insulin. These tion. In reviewing this nominee and Instead of working to improve our actions are unacceptable. speaking with dozens upon dozens of healthcare system and ensure that it is Families in New Hampshire and all his former colleagues, the ABA found actually working for patients, this ad- across the country cannot afford these Mr. VanDyke specifically ‘‘not quali- ministration and some of my Repub- reckless attacks on their healthcare, fied’’ to serve in this role. The ABA has lican colleagues have actively sought and they want us to work together on made that finding for only 3 percent of to do the opposite, and that has very constructive bipartisan solutions that President Trump’s judicial nominees, real implications for the people we improve their lives and lower their and Mr. VanDyke is the first in a small serve. costs, not this constant uncertainty group whose nomination will move for- Take, for example, Cassandra Van and sabotage. ward without—let me repeat: without— Kuren of Manchester, NH. Cassandra is The efforts of people like Cassandra, the support of either Senator rep- a 26-year-old who is passionate about who have shared their stories in an at- resenting the State where he will sit on fitness and staying healthy. That is tempt to shine a light on the chal- the bench if confirmed. That we would why it was so devastating that a week lenges that patients are experiencing, allow someone who is not qualified to before she turned 25, she got the news are incredibly important. No one hold a lifetime position in such a criti- that she had been diagnosed with type should have to share their most deeply cally important role is, frankly, ab- 1 diabetes. personal healthcare stories and plead surd, and it is something no Senator Cassandra’s life had been turned up- for lawmakers not to undermine their should support, no matter the party of side down, and after her diagnosis, she health coverage, but that is where we the President who nominated them. was immediately hit with another are. I am incredibly grateful for those The ABA’s report found Mr. VanDyke shocking blow: the costs associated who have had the courage to speak out. to be lacking in knowledge of day-to- with her condition. I will continue to share their stories, day practice, including procedural Within the first week of her diag- and I will continue working with any- rules. The report found Mr. VanDyke nosis, she was forced to max out her one who is serious about actually im- to be lacking humility and an open

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In The result was announced—yeas 53, The clerk will call the roll. his past role as attorney general of nays 40, as follows: The senior assistant legislative clerk Montana, he filed many politically [Rollcall Vote No. 387 Ex.] called the roll. driven briefs, including one asking the YEAS—53 Mr. DURBIN. I announce that the Supreme Court to strike down Roe v. Alexander Fischer Perdue Wade altogether, a view that is out of Barrasso Gardner Portman Senator from Colorado (Mr. BENNET), step with the views of Nevadans. He Blackburn Graham Risch the Senator from New Jersey (Mr. even signed the State onto one brief Blunt Grassley Roberts Boozman Hawley BOOKER), the Senator from California without reading it, by his own admis- Romney Braun Hoeven Rounds (Ms. HARRIS), the Senator from Min- sion. Burr Hyde-Smith Rubio nesota (Ms. KLOBUCHAR), the Senator Mr. VanDyke has also made con- Capito Inhofe Sasse Cassidy Isakson from Vermont (Mr. SANDERS), the Sen- troversial and appalling statements Scott (FL) Collins Johnson Scott (SC) ator from Virginia (Mr. WARNER), and about LGBTQ Americans, writing this: Cornyn Kennedy Shelby ‘‘[There is] ample reason for concern Cotton Lankford the Senator from Massachusetts (Ms. Sullivan that same-sex marriage will hurt fami- Cramer Lee WARREN) are necessarily absent. Crapo McConnell Thune lies, and consequentially children and Cruz McSally Tillis The PRESIDING OFFICER (Mrs. society.’’ Daines Moran Toomey BLACKBURN). Are there any other Sen- Wicker Mr. VanDyke was given every oppor- Enzi Murkowski ators in the Chamber desiring to vote? tunity to disavow this statement and Ernst Paul Young repeatedly declined to do so. Allowing NAYS—40 The yeas and nays resulted—yeas 53, Mr. VanDyke to serve on the Ninth Baldwin Heinrich Rosen nays 40, as follows: Circuit would put at risk the rights of Blumenthal Hirono Schatz [Rollcall Vote No. 388 Ex.] thousands of LGBTQ Americans to em- Brown Jones Schumer Cantwell Kaine Shaheen YEAS—53 ployment, healthcare, housing, and Cardin King Sinema Alexander Fischer Perdue basic equal treatment in what is often Carper Leahy Smith Barrasso Gardner Portman the court of last resort. Casey Manchin Stabenow Blackburn Graham Risch Coons Markey Tester Surely you must agree, no matter Cortez Masto Menendez Blunt Grassley Roberts Udall who is President or who controls the Duckworth Merkley Boozman Hawley Romney Van Hollen Durbin Murphy Braun Hoeven Rounds Senate, you would want qualified Whitehouse Feinstein Murray Burr Hyde-Smith Rubio judges with connections to the State Wyden Gillibrand Peters Capito Inhofe who will be fair to your constituents Sasse Hassan Reed Cassidy Isakson Scott (FL) and not use cases to advance their per- NOT VOTING—7 Collins Johnson Scott (SC) sonal ideological agenda. Cornyn Kennedy Shelby I oppose the nomination of Mr. Van- Bennet Klobuchar Warren Cotton Lankford Sullivan Booker Sanders Cramer Lee Thune Dyke, and if it is withdrawn or voted Harris Warner Crapo McConnell down, I will be ready at a moment’s no- Tillis The nomination was confirmed. Cruz McSally Toomey tice to work with this White House in Daines Moran The PRESIDING OFFICER. Under Wicker finding a fair, qualified, and non- Enzi Murkowski Young the previous order, the motion to re- Ernst Paul partisan nominee from Nevada. The consider is considered made and laid people of my home State and yours de- upon the table, and the President will NAYS—40 serve nothing less. be immediately notified of the Senate’s Baldwin Heinrich Rosen I yield the floor. action. Blumenthal Hirono Schatz f Brown Jones Schumer f Cantwell Kaine Shaheen RECESS Cardin King Sinema CLOTURE MOTION Carper Leahy Smith The PRESIDING OFFICER. Under Casey Manchin The PRESIDING OFFICER. Pursuant Stabenow the previous order, the Senate stands Coons Markey Tester Cortez Masto Menendez in recess until 2:15 p.m. to rule XXII, the Chair lays before the Udall Duckworth Merkley Senate the pending cloture motion, Van Hollen Thereupon, the Senate, at 12:33 p.m., Durbin Murphy Whitehouse recessed until 2:15 p.m. and reassem- which the clerk will state. Feinstein Murray bled when called to order by the Pre- The senior assistant legislative clerk Gillibrand Peters Wyden siding Officer (Mrs. CAPITO). read as follows: Hassan Reed CLOTURE MOTION f NOT VOTING—7 We, the undersigned Senators, in accord- EXECUTIVE CALENDAR—Continued ance with the provisions of rule XXII of the Bennet Klobuchar Warren Booker Sanders The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby Harris Warner question is, Will the Senate advise and move to bring to a close debate on the nomi- consent to the Bumatay nomination? nation of Lawrence VanDyke, of Nevada, to The PRESIDING OFFICER. The yeas Mr. HEINRICH. I ask for the yeas and be United States Circuit Judge for the Ninth are 53, the nays are 40. Circuit. nays. Mitch McConnell, Tom Cotton, John The motion is agreed to. The PRESIDING OFFICER. Is there a Boozman, Mike Crapo, Thom Tillis, sufficient second? Chuck Grassley, Jerry Moran, Kevin f There appears to be a sufficient sec- Cramer, John Barrasso, Mike Braun, ond. Joni Ernst, Pat Roberts, John Cornyn, The clerk will call the roll. Roy Blunt, John Thune, Lindsey EXECUTIVE CALENDAR Graham, Roger F. Wicker. Mr. DURBIN. I announce that the The clerk will report the nomination. Senator from Colorado (Mr. BENNETT), The PRESIDING OFFICER. By unan- the Senator from New Jersey (Mr. imous consent, the mandatory quorum The senior assistant legislative clerk BOOKER), the Senator from California call has been waived. read the nomination of Lawrence Van- (Ms. HARRIS), the Senator from Min- The question is, Is it the sense of the Dyke, of Nevada, to be United States nesota (Ms. KLOBUCHAR), the Senator Senate that debate on the nomination Circuit Judge for the Ninth Circuit.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.017 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6921 LEGISLATIVE SESSION Mr. BURR. Madam President, I ask Cortez Masto Jones Rosen unanimous consent to speak for 1 Cotton Kaine Rounds Cramer Kennedy Rubio minute in opposition. Crapo King Sasse OVER-THE-COUNTER MONOGRAPH The PRESIDING OFFICER. Is there Cruz Lankford Schatz SAFETY, INNOVATION, AND RE- objection? Daines Leahy Schumer Duckworth Lee FORM ACT OF 2019 Without objection, it is so ordered. Scott (SC) Durbin Manchin Shaheen Enzi Markey The PRESIDING OFFICER. Under Mr. BURR. Madam President, I reluc- Shelby Ernst McConnell the previous order, the Senate will pro- tantly rise in opposition to this legisla- Sinema Feinstein McSally ceed to legislative session and the con- tion, and I have worked with Senator Fischer Menendez Smith sideration of S. 2740, which the clerk ISAKSON over the years on FDA legisla- Gardner Merkley Stabenow will report. tion. Gillibrand Moran Sullivan Tester The senior assistant legislative clerk Graham Murkowski I want to be perfectly clear that I Grassley Murphy Thune read as follows: agree with all of the reforms that are Hassan Murray Tillis A bill (S. 2740) to amend the Federal Food, in this piece of legislation within the Hawley Paul Toomey Drug, and Cosmetic Act to clarify the regu- over-the-counter division at FDA. I Heinrich Perdue Udall latory framework with respect to certain Hirono Peters Van Hollen simply disagree with the way in which Hoeven Portman nonprescription drugs that are marketed Whitehouse this legislation provides the resources Hyde-Smith Reed Wicker without an approved new drug application, to achieve these reforms because I Inhofe Risch Wyden and for other purposes. Isakson Roberts Young don’t believe it will result in what the Johnson Romney The PRESIDING OFFICER. The Sen- expectations are of the authors. ator from Pennsylvania. When the drug industry first agreed NAYS—2 Mr. CASEY. Madam President, the to user fees in 1993, the fee to file a new Burr Senate is about to vote on the Over- drug application was $100,000. Today Scott (FL) the-Counter Monograph Safety, Inno- that fee is $2.1 million. To that end, the NOT VOTING—7 vation, and Reform Act of 2019. FDA has struggled to uphold its end of Bennet Klobuchar Warren I want to thank my friend and col- the bargain, falling behind in its com- Booker Sanders league Senator ISAKSON for his good mitment to hire the number of employ- Harris Warner work on this for many years, Chairman ees the agency needs to actually review The bill (S. 2740) was passed, as fol- ALEXANDER, and Ranking Member the applications that cost millions of lows: PATTY MURRAY. dollars to file. S. 2740 The current OTC monograph system The FDA continues to increase the Be it enacted by the Senate and House of Rep- is broken, and what we are talking amount of user fee dollars it requires resentatives of the United States of America in about, in simple form, is literally what to review applications, eroding the bal- Congress assembled, is on your pill bottle, that kind of in- ance of congressional oversight pro- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. formation. vided by the appropriation of taxpayer (a) SHORT TITLE.—This Act may be cited as It is a broken system. The FDA dollars. the ‘‘Over-the-Counter Monograph Safety, doesn’t have the authority to move Innovation, and Reform Act of 2019’’. I encourage my colleagues that what swiftly when there is a threat to public (b) TABLE OF CONTENTS.—The table of con- JOHNNY is trying to do is the right health; it doesn’t have the opportunity tents for this Act is as follows: thing to do, but it is the wrong way to to update existing monographs; and Sec. 1. Short title; table of contents. pay for it. there is no incentive for innovation. TITLE I—OTC DRUG REVIEW I yield the floor. This legislation is decades overdue. I Sec. 101. Regulation of certain nonprescrip- am grateful for the good work of so The bill was ordered to be engrossed tion drugs that are marketed many who made it possible. It is a com- for a third reading and was read the without an approved drug appli- monsense bill, consumer group sup- third time. cation. ported, industry stakeholder sup- The PRESIDING OFFICER. The bill Sec. 102. Misbranding. having been read the third time, the Sec. 103. Drugs excluded from the over-the- ported, and of course the FDA not only counter drug review. supports it but needs it. question is, Shall the bill pass? Mr. CARDIN. Madam President, I ask Sec. 104. Treatment of Sunscreen Innovation I will now yield to my friend and col- Act. for the yeas and nays. league, Senator JOHNNY ISAKSON. Sec. 105. Annual update to Congress on ap- Mr. ISAKSON. Madam President, I The PRESIDING OFFICER. Is there a propriate pediatric indication thank the Senator from Pennsylvania. sufficient second? for certain OTC cough and cold If you want to go home on time, if There appears to be a sufficient sec- drugs. Sec. 106. Technical corrections. you want to take something home to ond. give to the American people that they The clerk will call the roll. TITLE II—USER FEES want and they need, then you will vote The legislative clerk called the roll. Sec. 201. Short title; finding. with me and the other Members who Mr. DURBIN. I announce that the Sec. 202. Fees relating to over-the-counter drugs. have spoken on the Over-the-Counter Senator from Colorado (Mr. BENNET), Monograph bill today. the Senator from New Jersey (Mr. TITLE I—OTC DRUG REVIEW There are sunscreens on the market BOOKER), the Senator from California SEC. 101. REGULATION OF CERTAIN NON- (Ms. HARRIS), the Senator from Min- PRESCRIPTION DRUGS THAT ARE in Europe that are 12 years short of MARKETED WITHOUT AN APPROVED being on the market in America all be- nesota (Ms. KLOBUCHAR), the Senator DRUG APPLICATION. cause of an antiquated approval system from Vermont (Mr. SANDERS), the Sen- (a) IN GENERAL.—Chapter V of the Federal to make sure they are safe but to get ator from Virginia (Mr. WARNER), and Food, Drug, and Cosmetic Act is amended by them to the market in time. It is about the Senator from Massachusetts (Ms. inserting after section 505F of such Act (21 time we ended melanoma, and it is WARREN) are necessarily absent. U.S.C. 355g) the following: about time we got American consumers The PRESIDING OFFICER. Are there ‘‘SEC. 505G. REGULATION OF CERTAIN NON- any other Senators in the Chamber de- PRESCRIPTION DRUGS THAT ARE what they want. It is about time we MARKETED WITHOUT AN APPROVED settle the problem. It has been a prob- siring to vote? DRUG APPLICATION. lem for a long time. The result was announced—yeas 91, ‘‘(a) NONPRESCRIPTION DRUGS MARKETED So I ask you—in fact, I plead with nays 2, as follows: WITHOUT AN APPROVED APPLICATION.—Non- you—to vote for this bill, and you will [Rollcall Vote No. 389 Leg.] prescription drugs marketed without an ap- make everybody happy, nobody mad, YEAS—91 proved drug application under section 505, as and you will save a life. There is noth- of the date of the enactment of this section, Alexander Boozman Carper shall be treated in accordance with this sub- Baldwin Braun Casey ing better than that. section. I yield the floor. Barrasso Brown Cassidy Blackburn Cantwell Collins ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; The PRESIDING OFFICER. The Sen- Blumenthal Capito Coons CATEGORY I DRUGS SUBJECT TO A TENTATIVE ator from North Carolina. Blunt Cardin Cornyn FINAL MONOGRAPH.—A drug is deemed to be

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generally recognized as safe and effective section, had been used to a material extent ‘‘(C) STANDARD.—The Secretary shall find under section 201(p)(1), not a new drug under and for a material time under section that a drug is not generally recognized as section 201(p), and not subject to section 201(p)(2); or safe and effective under section 201(p)(1) if— 503(b)(1), if— ‘‘(B) the drug is— ‘‘(i) the evidence shows that the drug is not ‘‘(A) the drug is— ‘‘(i) classified in category I for safety and generally recognized as safe and effective ‘‘(i) in conformity with the requirements effectiveness under a proposed monograph or under section 201(p)(1); or for nonprescription use of a final monograph advance notice of proposed rulemaking that ‘‘(ii) the evidence is inadequate to show issued under part 330 of title 21, Code of Fed- is the most recently applicable proposal or that the drug is generally recognized as safe eral Regulations (except as provided in para- determination for such drug issued under and effective under section 201(p)(1). graph (2)), the general requirements for non- part 330 of title 21, Code of Federal Regula- ‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY prescription drugs, and conditions or re- tions; THE SECRETARY.— quirements under subsections (b), (c), and ‘‘(ii) in conformity with the requirements ‘‘(A) IN GENERAL.—In issuing an adminis- (k); and for nonprescription use of such proposed trative order under paragraph (1) upon the ‘‘(ii) except as permitted by an order issued monograph or advance notice of proposed Secretary’s initiative, the Secretary shall— under subsection (b) or, in the case of a rulemaking, any applicable subsequent de- ‘‘(i) make reasonable efforts to notify in- minor change in the drug, in conformity termination by the Secretary, the general formally, not later than 2 business days be- with an order issued under subsection (c), in requirements for nonprescription drugs, and fore the issuance of the proposed order, the a dosage form that, immediately prior to the conditions or requirements under subsection sponsors of drugs who have a listing in effect date of the enactment of this section, has (b) or (k); and under section 510(j) for the drugs or combina- been used to a material extent and for a ma- ‘‘(iii) in a dosage form that, immediately tion of drugs that will be subject to the ad- terial time under section 201(p)(2); or prior to the date of the enactment of this ministrative order; ‘‘(B) the drug is— section, has been used to a material extent ‘‘(ii) after any such reasonable efforts of ‘‘(i) classified in category I for safety and and for a material time under section notification— effectiveness under a tentative final mono- 201(p)(2). ‘‘(I) issue a proposed administrative order graph that is the most recently applicable ‘‘(4) CATEGORY II DRUGS DEEMED NEW by publishing it on the website of the Food proposal or determination issued under part DRUGS.—A drug that is classified in category and Drug Administration and include in such 330 of title 21, Code of Federal Regulations; II for safety or effectiveness under a ten- order the reasons for the issuance of such ‘‘(ii) in conformity with the proposed re- tative final monograph or that is subject to order; and quirements for nonprescription use of such a determination to be not generally recog- ‘‘(II) publish a notice of availability of tentative final monograph, any applicable nized as safe and effective in a proposed rule such proposed order in the Federal Register; subsequent determination by the Secretary, that is the most recently applicable proposal ‘‘(iii) except as provided in subparagraph the general requirements for nonprescription issued under part 330 of title 21, Code of Fed- (B), provide for a public comment period drugs, and conditions or requirements under eral Regulations, shall be deemed to be a with respect to such proposed order of not subsections (b), (c), and (k); and new drug under section 201(p), misbranded less than 45 calendar days; and ‘‘(iii) except as permitted by an order under section 502(ee), and subject to the re- ‘‘(iv) if, after completion of the pro- issued under subsection (b) or, in the case of quirement for an approved new drug applica- ceedings specified in clauses (i) through (iii), a minor change in the drug, in conformity the Secretary determines that it is appro- tion under section 505 beginning on the day with an order issued under subsection (c), in priate to issue a final administrative order— that is 180 calendar days after the date of the a dosage form that, immediately prior to the ‘‘(I) issue the final administrative order, enactment of this section, unless, before date of the enactment of this section, has together with a detailed statement of rea- such day, the Secretary determines that it is been used to a material extent and for a ma- sons, which order shall not take effect until in the interest of public health to extend the terial time under section 201(p)(2). the time for requesting judicial review under period during which the drug may be mar- ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.— paragraph (3)(D)(ii) has expired; keted without such an approved new drug ap- With respect to sunscreen drugs subject to ‘‘(II) publish a notice of such final adminis- plication. this section, the applicable requirements in trative order in the Federal Register; ‘‘(5) DRUGS NOT GRASE DEEMED NEW terms of conformity with a final monograph, ‘‘(III) afford requestors of drugs that will for purposes of paragraph (1)(A)(i), shall be DRUGS.—A drug that the Secretary has deter- be subject to such order the opportunity for the requirements specified in part 352 of title mined not to be generally recognized as safe formal dispute resolution up to the level of 21, Code of Federal Regulations, as published and effective under section 201(p)(1) under a the Director of the Center for Drug Evalua- on May 21, 1999, beginning on page 27687 of final determination issued under part 330 of tion and Research, which initially must be volume 64 of the Federal Register, except title 21, Code of Federal Regulations, shall be requested within 45 calendar days of the that the applicable requirements governing deemed to be a new drug under section 201(p), issuance of the order, and, for subsequent effectiveness and labeling shall be those misbranded under section 502(ee), and subject levels of appeal, within 30 calendar days of specified in section 201.327 of title 21, Code of to the requirement for an approved new drug the prior decision; and Federal Regulations. application under section 505. ‘‘(IV) except with respect to drugs de- ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN- ‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex- scribed in paragraph (3)(B), upon completion TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS cept as provided in subsection (m), a drug is of the formal dispute resolution procedure, SUBJECT TO PROPOSED MONOGRAPH OR AD- deemed to be a new drug under section 201(p) inform the persons which sought such dis- VANCE NOTICE OF PROPOSED RULEMAKING.—A and misbranded under section 502(ee) if the pute resolution of their right to request a drug that is not described in paragraph (1), drug— hearing. (2), or (4) is not required to be the subject of ‘‘(A) is not subject to section 503(b)(1); and ‘‘(B) EXCEPTIONS.—When issuing an admin- an application approved under section 505, ‘‘(B) is not described in paragraph (1), (2), istrative order under paragraph (1) on the and is not subject to section 503(b)(1), if— (3), (4), or (5), or subsection (b)(1)(B). Secretary’s initiative proposing to deter- ‘‘(A) the drug is— ‘‘(b) ADMINISTRATIVE ORDERS.— mine that a drug described in subsection ‘‘(i) classified in category III for safety or ‘‘(1) IN GENERAL.— (a)(3) is not generally recognized as safe and effectiveness in the preamble of a proposed ‘‘(A) DETERMINATION.—The Secretary may, effective under section 201(p)(1), the Sec- rule establishing a tentative final mono- on the initiative of the Secretary or at the retary shall follow the procedures in sub- graph that is the most recently applicable request of one or more requestors, issue an paragraph (A), except that— proposal or determination for such drug administrative order determining whether ‘‘(i) the proposed order shall include notice issued under part 330 of title 21, Code of Fed- there are conditions under which a specific of— eral Regulations; drug, a class of drugs, or a combination of ‘‘(I) the general categories of data the Sec- ‘‘(ii) in conformity with— drugs, is determined to be— retary has determined necessary to establish ‘‘(I) the conditions of use, including indica- ‘‘(i) not subject to section 503(b)(1); and that the drug is generally recognized as safe tion and dosage strength, if any, described ‘‘(ii) generally recognized as safe and effec- and effective under section 201(p)(1); and for such category III drug in such preamble tive under section 201(p)(1). ‘‘(II) the format for submissions by inter- or in an applicable subsequent proposed rule; ‘‘(B) EFFECT.—A drug or combination of ested persons; ‘‘(II) the proposed requirements for drugs drugs shall be deemed to not require ap- ‘‘(ii) the Secretary shall provide for a pub- classified in such tentative final monograph proval under section 505 if such drug or com- lic comment period of no less than 180 cal- in category I in the most recently proposed bination of drugs— endar days with respect to such proposed rule establishing requirements related to ‘‘(i) is determined by the Secretary to meet order, except when the Secretary deter- such tentative final monograph and in any the conditions specified in clauses (i) and (ii) mines, for good cause, that a shorter period final rule establishing requirements that are of subparagraph (A); is in the interest of public health; and applicable to the drug; and ‘‘(ii) is marketed in conformity with an ad- ‘‘(iii) any person who submits data in such ‘‘(III) the general requirements for non- ministrative order under this subsection; comment period shall include a certification prescription drugs and conditions or require- ‘‘(iii) meets the general requirements for that the person has submitted all evidence ments under subsection (b) or (k); and nonprescription drugs; and created, obtained, or received by that person ‘‘(iii) in a dosage form that, immediately ‘‘(iv) meets the requirements under sub- that is both within the categories of data prior to the date of the enactment of this sections (c) and (k). identified in the proposed order and relevant

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6923 to a determination as to whether the drug is siding officer of the hearing shall issue a de- ‘‘(III) publish in the Federal Register a no- generally recognized as safe and effective cision containing findings of fact and conclu- tice of availability of such order; and under section 201(p)(1). sions of law. The decision of the presiding of- ‘‘(IV) provide for a public comment period ‘‘(3) HEARINGS; JUDICIAL REVIEW.— ficer shall be final. of at least 45 calendar days with respect to ‘‘(A) IN GENERAL.—Only a person who par- ‘‘(II) The final decision may not take effect such interim final order. ticipated in each stage of formal dispute res- until the period under subparagraph (D)(ii) ‘‘(ii) CONTENT OF ORDER.—An interim final olution under subclause (III) of paragraph for submitting a request for judicial review order issued under this subparagraph with (2)(A)(iv) of an administrative order with re- of such decision expires. respect to the labeling of a drug may provide spect to a drug may request a hearing con- ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA- for new warnings and other information re- cerning a final administrative order issued TIVE ORDER.— quired for safe use of the drug. under such paragraph with respect to such ‘‘(i) IN GENERAL.—The procedures described ‘‘(C) EFFECTIVE DATE.—An order under sub- drug. If a hearing is sought, such person in section 505(h) shall apply with respect to paragraph (A) or (B) shall take effect on a must submit a request for a hearing, which judicial review of final administrative orders date specified by the Secretary. shall be based solely on information in the issued under this subsection in the same ‘‘(D) FINAL ORDER.—After the completion administrative record, to the Secretary not manner and to the same extent as such sec- of the proceedings in subparagraph (A) or later than 30 calendar days after receiving tion applies to an order described in such (B), the Secretary shall— notice of the final decision of the formal dis- section except that the judicial review shall ‘‘(i) issue a final order in accordance with pute resolution procedure. be taken by filing in an appropriate district paragraph (1); ‘‘(B) NO HEARING REQUIRED WITH RESPECT TO court of the United States in lieu of the ap- ‘‘(ii) publish a notice of availability of such ORDERS RELATING TO CERTAIN DRUGS.— pellate courts specified in such section. final administrative order in the Federal ‘‘(i) IN GENERAL.—The Secretary shall not ‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI- Register; and be required to provide notice and an oppor- CIAL REVIEW.—A person eligible to request a ‘‘(iii) afford sponsors of such drugs that tunity for a hearing pursuant to paragraph hearing under this paragraph and seeking ju- will be subject to such an order the oppor- (2)(A)(iv) if the final administrative order in- dicial review of a final administrative order tunity for formal dispute resolution up to volved relates to a drug— issued under this subsection shall file such the level of the Director of the Center for ‘‘(I) that is described in subsection request for judicial review not later than 60 Drug Evaluation and Research, which must (a)(3)(A); and calendar days after the latest of— initially be within 45 calendar days of the ‘‘(II) with respect to which no human or ‘‘(I) the date on which notice of such order issuance of the order, and for subsequent lev- non-human data studies relevant to the safe- is published; els of appeal, within 30 calendar days of the ty or effectiveness of such drug have been ‘‘(II) the date on which a hearing with re- prior decision. submitted to the administrative record since spect to such order is denied under subpara- ‘‘(E) HEARINGS.—A sponsor of a drug sub- the issuance of the most recent tentative graph (B) or (C)(i); ject to a final order issued under subpara- final monograph relating to such drug. ‘‘(III) the date on which a final decision is graph (D) and that participated in each stage ‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN made following a hearing under subpara- of formal dispute resolution under clause DATA DEFINED.—In this subparagraph: graph (C)(v); or (iii) of such subparagraph may request a ‘‘(I) The term ‘human data studies’ means ‘‘(IV) if no hearing is requested, the date hearing on such order. The provisions of sub- clinical trials of safety or effectiveness (in- on which the time for requesting a hearing paragraphs (A), (B), and (C) of paragraph (3), cluding actual use studies), pharmaco- expires. other than paragraph (3)(C)(v)(II), shall kinetics studies, or bioavailability studies. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT apply with respect to a hearing on such order ‘‘(II) The term ‘non-human data’ means TO ADMINISTRATIVE ORDERS INITIATED BY THE in the same manner and to the same extent data from testing other than with human SECRETARY.— as such provisions apply with respect to a subjects which provides information con- ‘‘(A) IMMINENT HAZARD TO THE PUBLIC hearing on an administrative order issued cerning safety or effectiveness. HEALTH.— under paragraph (2)(A)(iv). ‘‘(C) HEARING PROCEDURES.— ‘‘(i) IN GENERAL.—In the case of a deter- ‘‘(F) TIMING.— ‘‘(i) DENIAL OF REQUEST FOR HEARING.—If mination by the Secretary that a drug, class ‘‘(i) FINAL ORDER AND HEARING.—The Sec- the Secretary determines that information of drugs, or combination of drugs subject to retary shall— submitted in a request for a hearing under this section poses an imminent hazard to the ‘‘(I) not later than 6 months after the date subparagraph (A) with respect to a final ad- public health, the Secretary, after first mak- on which the comment period closes under ministrative order issued under paragraph ing reasonable efforts to notify, not later subparagraph (A) or (B), issue a final order in (2)(A)(iv) does not identify the existence of a than 48 hours before issuance of such order accordance with paragraph (1); and genuine and substantial question of material under this subparagraph, sponsors who have ‘‘(II) not later than 12 months after the fact, the Secretary may deny such request. a listing in effect under section 510(j) for date on which such final order is issued, In making such a determination, the Sec- such drug or combination of drugs— complete any hearing under subparagraph retary may consider only information and ‘‘(I) may issue an interim final administra- (E). data that are based on relevant and reliable tive order for such drug, class of drugs, or ‘‘(ii) DISPUTE RESOLUTION REQUEST.—The scientific principles and methodologies. combination of drugs under paragraph (1), Secretary shall specify in an interim final ‘‘(ii) SINGLE HEARING FOR MULTIPLE RE- together with a detailed statement of the order issued under subparagraph (A) or (B) LATED REQUESTS.—If more than one request reasons for such order; such shorter periods for requesting dispute for a hearing is submitted with respect to ‘‘(II) shall publish in the Federal Register resolution under subparagraph (D)(iii) as are the same administrative order under sub- a notice of availability of any such order; necessary to meet the requirements of this paragraph (A), the Secretary may direct that and subparagraph. a single hearing be conducted in which all ‘‘(III) shall provide for a public comment ‘‘(G) JUDICIAL REVIEW.—A final order issued persons whose hearing requests were granted period of at least 45 calendar days with re- pursuant to subparagraph (F) shall be sub- may participate. spect to such interim final order. ject to judicial review in accordance with ‘‘(iii) PRESIDING OFFICER.—The presiding ‘‘(ii) NONDELEGATION.—The Secretary may paragraph (3)(D). officer of a hearing requested under subpara- not delegate the authority to issue an in- ‘‘(5) ADMINISTRATIVE ORDER INITIATED AT graph (A) shall— terim final administrative order under this THE REQUEST OF A REQUESTOR.— ‘‘(I) be designated by the Secretary; subparagraph. ‘‘(A) IN GENERAL.—In issuing an adminis- ‘‘(II) not be an employee of the Center for ‘‘(B) SAFETY LABELING CHANGES.— trative order under paragraph (1) at the re- Drug Evaluation and Research; and ‘‘(i) IN GENERAL.—In the case of a deter- quest of a requestor with respect to certain ‘‘(III) not have been previously involved in mination by the Secretary that a change in drugs, classes of drugs, or combinations of the development of the administrative order the labeling of a drug, class of drugs, or com- drugs— involved or proceedings relating to that ad- bination of drugs subject to this section is ‘‘(i) the Secretary shall, after receiving a ministrative order. reasonably expected to mitigate a signifi- request under this subparagraph, determine ‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The cant or unreasonable risk of a serious ad- whether the request is sufficiently complete parties to a hearing requested under sub- verse event associated with use of the drug, and formatted to permit a substantive re- paragraph (A) shall have the right to present the Secretary may— view; testimony, including testimony of expert ‘‘(I) make reasonable efforts to notify in- ‘‘(ii) if the Secretary determines that the witnesses, and to cross-examine witnesses formally, not later than 48 hours before the request is sufficiently complete and for- presented by other parties. Where appro- issuance of the interim final order, the spon- matted to permit a substantive review, the priate, the presiding officer may require that sors of drugs who have a listing in effect Secretary shall— cross-examination by parties representing under section 510(j) for such drug or com- ‘‘(I) file the request; and substantially the same interests be consoli- bination of drugs; ‘‘(II) initiate proceedings with respect to dated to promote efficiency and avoid dupli- ‘‘(II) after reasonable efforts of notifica- issuing an administrative order in accord- cation. tion, issue an interim final administrative ance with paragraphs (2) and (3); and ‘‘(v) FINAL DECISION.— order in accordance with paragraph (1) to re- ‘‘(iii) except as provided in paragraph (6), if ‘‘(I) At the conclusion of a hearing re- quire such change, together with a detailed the Secretary determines that a request does quested under subparagraph (A), the pre- statement of the reasons for such order; not meet the requirements for filing or is not

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6924 CONGRESSIONAL RECORD — SENATE December 10, 2019 sufficiently complete and formatted to per- ‘‘(I) specified in subsection (a)(1), (a)(2), or pursuant to a new drug application as de- mit a substantive review, the requestor may (a)(3); scribed in subparagraph (D). demand that the request be filed over pro- ‘‘(II) subject to a final order issued under ‘‘(B) DRUG DESCRIBED.—A drug described in test, and the Secretary shall initiate pro- this section; this subparagraph is a nonprescription drug ceedings to review the request in accordance ‘‘(III) subject to a final sunscreen order (as which contains an active ingredient not pre- with paragraph (2)(A). defined in section 586(2)(A)); or viously incorporated in a drug— ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— ‘‘(IV) described in subsection (m)(1), other ‘‘(i) specified in subsection (a)(1), (a)(2), or ‘‘(i) IN GENERAL.—A requestor seeking an than drugs subject to an active enforcement (a)(3); administrative order under paragraph (1) action under chapter III of this Act. ‘‘(ii) subject to a final order under this sec- with respect to certain drugs, classes of ‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— tion; or drugs, or combinations of drugs, shall submit ‘‘(I) IN GENERAL.—Only one 18-month pe- ‘‘(iii) subject to a final sunscreen order (as to the Secretary a request to initiate pro- riod under this subparagraph shall be grant- defined in section 586(2)(A)). ceedings for such order in the form and man- ed, under each order described in clause (i), ‘‘(C) INFORMATION DEMONSTRATING PRIMA ner as specified by the Secretary. Such re- with respect to changes (to the drug subject FACIE SAFE NONPRESCRIPTION MARKETING AND questor may submit a request under this to such order) which are either— USE.—Information specified in this subpara- subparagraph for the issuance of an adminis- ‘‘(aa) changes described in clause (ii)(I), re- graph, with respect to a request described in trative order— lating to active ingredients; or subparagraph (A)(i), is— ‘‘(I) determining whether a drug is gen- ‘‘(bb) changes described in clause (ii)(II), ‘‘(i) information sufficient for a prima relating to conditions of use. erally recognized as safe and effective under facie demonstration that the drug subject to ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu- section 201(p)(1), exempt from section such request has a verifiable history of being sivity shall apply to changes to a drug which 503(b)(1), and not required to be the subject marketed and safely used by consumers in are— of an approved application under section 505; the United States as a nonprescription drug ‘‘(aa) the subject of a Tier 2 OTC mono- or under comparable conditions of use; graph order request (as defined in section ‘‘(II) determining whether a change to a ‘‘(ii) if the drug has not been previously 744L); marketed in the United States as a non- condition of use of a drug is generally recog- ‘‘(bb) safety-related changes, as defined by nized as safe and effective under section the Secretary, or any other changes the Sec- prescription drug, information sufficient for 201(p)(1), exempt from section 503(b)(1), and retary considers necessary to assure safe use; a prima facie demonstration that the drug not required to be the subject of an approved or was marketed and safely used under com- application under section 505, if, absent such ‘‘(cc) changes related to methods of testing parable conditions of marketing and use in a a changed condition of use, such drug is— safety or efficacy. country listed in section 802(b)(1)(A) or des- ‘‘(aa) generally recognized as safe and ef- ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In ignated by the Secretary in accordance with fective under section 201(p)(1) in accordance this subparagraph, the term ‘new human section 802(b)(1)(B)— with subsection (a)(1), (a)(2), or an order data studies’ means clinical trials of safety ‘‘(I) for such period as needed to provide under this subsection; or or effectiveness (including actual use stud- reasonable assurances concerning the safe ‘‘(bb) subject to subsection (a)(3), but only ies), pharmacokinetics studies, or bio- nonprescription use of the drug; and if such requestor initiates such request in availability studies, the results of which— ‘‘(II) during such time was subject to suffi- conjunction with a request for the Secretary ‘‘(I) have not been relied on by the Sec- cient monitoring by a regulatory body con- to determine whether such drug is generally retary to support— sidered acceptable by the Secretary for such recognized as safe and effective under sec- ‘‘(aa) a proposed or final determination monitoring purposes, including for adverse tion 201(p)(1), which is filed by the Secretary that a drug described in subclause (I), (II), or events associated with nonprescription use under subparagraph (A)(ii). (III) of clause (iii) is generally recognized as of the drug; or ‘‘(ii) EXCEPTION.—The Secretary is not re- safe and effective under section 201(p)(1); or ‘‘(iii) if the Secretary determines that in- quired to complete review of a request for a ‘‘(bb) approval of a drug that was approved formation described in clause (i) or (ii) is not change described in clause (i)(II) if the Sec- under section 505; and needed to provide a prima facie demonstra- retary determines that there is an inad- ‘‘(II) do not duplicate the results of an- tion that the drug can be safely marketed equate basis to find the drug is generally rec- other study that was relied on by the Sec- and used as a nonprescription drug, such ognized as safe and effective under section retary to support— other information the Secretary determines 201(p)(1) under paragraph (1) and issues a ‘‘(aa) a proposed or final determination is sufficient for such purposes. final order announcing that determination. that a drug described in subclause (I), (II), or ‘‘(D) MARKETING PURSUANT TO NEW DRUG ‘‘(iii) WITHDRAWAL.—The requestor may (III) of clause (iii) is generally recognized as APPLICATION.—In the case of a request de- withdraw a request under this paragraph, ac- safe and effective under section 201(p)(1); or scribed in subparagraph (A)(ii), the drug sub- cording to the procedures set forth pursuant ‘‘(bb) approval of a drug that was approved ject to such request may be resubmitted for to subsection (d)(2)(B). Notwithstanding any under section 505. filing only if— other provision of this section, if such re- ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE ‘‘(i) the drug is marketed as a nonprescrip- quest is withdrawn, the Secretary may cease FOR SALE.—A requestor that is granted ex- tion drug, under conditions of use com- proceedings under this subparagraph. clusivity with respect to a drug under this parable to the conditions specified in the re- ‘‘(C) EXCLUSIVITY.— subparagraph shall notify the Secretary in quest, for such period as the Secretary deter- ‘‘(i) IN GENERAL.—A final administrative writing within 1 year of the issuance of the mines appropriate (not to exceed 5 consecu- order issued in response to a request under final administrative order if the drug that is tive years) pursuant to an application ap- this section shall have the effect of author- the subject of such order will not be avail- proved under section 505; and izing solely the order requestor (or the li- able for sale within 1 year of the date of ‘‘(ii) during such period, 1,000,000 retail censees, assignees, or successors in interest issuance of such order. The requestor shall packages of the drug, or an equivalent quan- of such requestor with respect to the subject include with such notice the— tity as determined by the Secretary, were of such order), for a period of 18 months fol- ‘‘(I) identity of the drug by established distributed for retail sale, as determined in lowing the effective date of such final order name and by proprietary name, if any; such manner as the Secretary finds appro- and beginning on the date the requestor may ‘‘(II) strength of the drug; priate. lawfully market such drugs pursuant to the ‘‘(III) date on which the drug will be avail- ‘‘(E) RULE OF APPLICATION.—Except in the order, to market drugs— able for sale, if known; and case of a request involving a drug described ‘‘(I) incorporating changes described in ‘‘(IV) reason for not marketing the drug in section 586(9), as in effect on January 1, clause (ii); and after issuance of the order. 2017, if the Secretary refuses to file a request ‘‘(II) subject to the limitations under ‘‘(6) INFORMATION REGARDING SAFE NON- under this paragraph, the requestor may not clause (iv). PRESCRIPTION MARKETING AND USE AS CONDI- file such request over protest under para- ‘‘(ii) CHANGES DESCRIBED.—A change de- TION FOR FILING A GENERALLY RECOGNIZED AS graph (5)(A)(iii). scribed in this clause is a change subject to SAFE AND EFFECTIVE REQUEST.— ‘‘(7) PACKAGING.—An administrative order an order specified in clause (i), which— ‘‘(A) IN GENERAL.—In response to a request issued under paragraph (2), (4)(A), or (5) may ‘‘(I) provides for a drug to contain an ac- under this section that a drug described in include requirements for the packaging of a tive ingredient (including any ester or salt of subparagraph (B) be generally recognized as drug to encourage use in accordance with la- the active ingredient) not previously incor- safe and effective, the Secretary— beling. Such requirements may include unit porated in a drug described in clause (iii); or ‘‘(i) may file such request, if the request dose packaging, requirements for products ‘‘(II) provides for a change in the condi- includes information specified under sub- intended for use by pediatric populations, re- tions of use of a drug, for which new human paragraph (C) with respect to safe non- quirements to reduce risk of harm from un- data studies conducted or sponsored by the prescription marketing and use of such drug; supervised ingestion, and other appropriate requestor (or for which the requestor has an or requirements. This paragraph does not au- exclusive right of reference) were essential ‘‘(ii) if the request fails to include informa- thorize the Food and Drug Administration to to the issuance of such order. tion specified under subparagraph (C), shall require standards or testing procedures as ‘‘(iii) DRUGS DESCRIBED.—The drugs de- refuse to file such request and require that described in part 1700 of title 16, Code of Fed- scribed in this clause are drugs— nonprescription marketing of the drug be eral Regulations.

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‘‘(8) FINAL AND TENTATIVE FINAL MONO- the drug as modified is a new drug under sec- for a drug under sections 505(b)(1), 505(b)(2), GRAPHS FOR CATEGORY I DRUGS DEEMED FINAL tion 201(p) and shall be deemed to be mis- and 505(j). A determination under this sec- ADMINISTRATIVE ORDERS.— branded under section 502(ee). tion that a drug is not subject to section ‘‘(A) IN GENERAL.—A final monograph or ‘‘(3) DETERMINING WHETHER A CHANGE WILL 503(b)(1), is generally recognized as safe and tentative final monograph described in sub- AFFECT SAFETY OR EFFECTIVENESS.— effective under section 201(p)(1), and is not a paragraph (B) shall be deemed to be a final ‘‘(A) IN GENERAL.—The Secretary shall new drug under section 201(p) shall con- administrative order under this subsection issue one or more administrative orders stitute a finding that the drug is safe and ef- and may be amended, revoked, or otherwise specifying requirements for determining fective that may be relied upon for purposes modified in accordance with the procedures whether a minor change made by a sponsor of an application under section 505(b)(2), so of this subsection. pursuant to this subsection will affect the that the applicant shall be required to sub- ‘‘(B) MONOGRAPHS DESCRIBED.—For pur- safety or effectiveness of a drug or materi- mit for purposes of such application only in- poses of subparagraph (A), a final monograph ally affect the extent of absorption or other formation needed to support any modifica- or tentative final monograph is described in exposure to an active ingredient in the drug tion of the drug that is not covered by such this subparagraph if it— in comparison to a suitable reference prod- determination under this section. ‘‘(i) establishes conditions of use for a drug uct, together with guidance for applying ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRA- described in paragraph (1) or (2) of subsection those orders to specific dosage forms. TIVE ORDERS.—The Secretary shall establish, (a); and ‘‘(B) STANDARD PRACTICES.—The orders and maintain, update (as determined necessary ‘‘(ii) represents the most recently promul- guidance issued by the Secretary under sub- by the Secretary but no less frequently than gated version of such conditions, including paragraph (A) shall take into account rel- annually), and make publicly available, with as modified, in whole or in part, by any pro- evant public standards and standard prac- respect to orders issued under this section— posed or final rule. tices for evaluating the quality of drugs, and ‘‘(1) a repository of each final order and in- ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING may take into account the special needs of terim final order in effect, including the TECHNICAL AMENDMENTS.—The deemed estab- populations, including children. complete text of the order; and lishment of a final administrative order ‘‘(d) CONFIDENTIALITY OF INFORMATION SUB- ‘‘(2) a listing of all orders proposed and under subparagraph (A) shall be construed to MITTED TO THE SECRETARY.— under development under subsection (b)(2), include any technical amendments to such ‘‘(1) IN GENERAL.—Subject to paragraph (2), including— order as the Secretary determines necessary any information, including reports of testing ‘‘(A) a brief description of each such order; to ensure that such order is appropriately conducted on the drug or drugs involved, and harmonized, in terms of terminology or that is submitted by a requestor in connec- ‘‘(B) the Secretary’s expectations, if re- cross-references, with the applicable provi- tion with proceedings on an order under this sources permit, for issuance of proposed or- sions of this Act (and regulations there- section (including any minor change under ders over a 3-year period. under) and any other orders issued under this subsection (c)) and is a trade secret or con- ‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR REQUESTORS.—The Secretary shall establish section. fidential information subject to section 552(b)(4) of title 5, United States Code, or sec- procedures under which sponsors or reques- ‘‘(c) PROCEDURE FOR MINOR CHANGES.— tion 1905 of title 18, United States Code, shall tors may meet with appropriate officials of ‘‘(1) IN GENERAL.—Minor changes in the not be disclosed to the public unless the re- the Food and Drug Administration to obtain dosage form of a drug that is described in advice on the studies and other information paragraph (1) or (2) of subsection (a) or the questor consents to that disclosure. ‘‘(2) PUBLIC AVAILABILITY.— necessary to support submissions under this subject of an order issued under subsection section and other matters relevant to the (b) may be made by a requestor without the ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall— regulation of nonprescription drugs and the issuance of an order under subsection (b) if— development of new nonprescription drugs ‘‘(A) the requestor maintains such infor- ‘‘(i) make any information submitted by a requestor in support of a request under sub- under this section. mation as is necessary to demonstrate that ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS the change— section (b)(5)(A) available to the public not later than the date on which the proposed OR REQUESTORS.—The Secretary shall estab- ‘‘(i) will not affect the safety or effective- lish procedures to facilitate efficient partici- ness of the drug; and order is issued; and ‘‘(ii) make any information submitted by pation by multiple sponsors or requestors in ‘‘(ii) will not materially affect the extent proceedings under this section, including of absorption or other exposure to the active any other person with respect to an order re- quested (or initiated by the Secretary) under provision for joint meetings with multiple ingredient in comparison to a suitable ref- sponsors or requestors or with organizations erence product; and subsection (b), available to the public upon such submission. nominated by sponsors or requestors to rep- ‘‘(B) the change is in conformity with the resent their interests in a proceeding. ‘‘(B) LIMITATIONS ON PUBLIC AVAIL- requirements of an applicable administrative ‘‘(j) ELECTRONIC FORMAT.—All submissions ABILITY.—Information described in subpara- order issued by the Secretary under para- under this section shall be in electronic for- graph (A) shall not be made public if— graph (3). mat. ‘‘(i) the information pertains to pharma- ‘‘(2) ADDITIONAL INFORMATION.— ‘‘(k) EFFECT ON EXISTING REGULATIONS ceutical quality information, unless such in- ‘‘(A) ACCESS TO RECORDS.—A sponsor shall GOVERNING NONPRESCRIPTION DRUGS.— formation is necessary to establish standards submit records requested by the Secretary ‘‘(1) REGULATIONS OF GENERAL APPLICA- under which a drug is generally recognized relating to such a minor change under sec- BILITY TO NONPRESCRIPTION DRUGS.—Except tion 704(a)(4), within 15 business days of re- as safe and effective under section 201(p)(1); as provided in this subsection, nothing in ceiving such a request, or such longer period ‘‘(ii) the information is submitted in a re- this section supersedes regulations estab- as the Secretary may provide. questor-initiated request, but the requestor lishing general requirements for non- withdraws such request, in accordance with ‘‘(B) INSUFFICIENT INFORMATION.—If the prescription drugs, including regulations of Secretary determines that the information withdrawal procedures established by the general applicability contained in parts 201, contained in such records is not sufficient to Secretary, before the Secretary issues the 250, and 330 of title 21, Code of Federal Regu- demonstrate that the change does not affect proposed order; lations, or any successor regulations. The the safety or effectiveness of the drug or ma- ‘‘(iii) the Secretary requests and obtains Secretary shall establish or modify such reg- terially affect the extent of absorption or the information under subsection (c) and ulations by means of rulemaking in accord- other exposure to the active ingredient, the such information is not submitted in rela- ance with section 553 of title 5, United States Secretary— tion to an order under subsection (b); or Code. ‘‘(iv) the information is of the type con- ‘‘(i) may so inform the sponsor of the drug ‘‘(2) REGULATIONS ESTABLISHING REQUIRE- tained in raw datasets. in writing; and MENTS FOR SPECIFIC NONPRESCRIPTION ‘‘(e) UPDATES TO DRUG LISTING INFORMA- ‘‘(ii) if the Secretary so informs the spon- DRUGS.— TION.—A sponsor who makes a change to a sor, shall provide the sponsor of the drug ‘‘(A) The provisions of section 310.545 of drug subject to this section shall submit up- with a reasonable opportunity to provide ad- dated drug listing information for the drug title 21, Code of Federal Regulations, as in ditional information. in accordance with section 510(j) within 30 effect on the day before the date of the en- ‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFOR- calendar days of the date when the drug is actment of this section, shall be deemed to MATION.—If the sponsor fails to provide such first commercially marketed, except that a be a final order under subsection (b). additional information within a time pre- sponsor who was the order requestor with re- ‘‘(B) Regulations in effect on the day be- scribed by the Secretary, or if the Secretary spect to an order subject to subsection fore the date of the enactment of this sec- determines that such additional information (b)(5)(C) (or a licensee, assignee, or successor tion, establishing requirements for specific does not demonstrate that the change does in interest of such requestor) shall submit nonprescription drugs marketed pursuant to not— updated drug listing information on or be- this section (including such requirements in ‘‘(i) affect the safety or effectiveness of the fore the date when the drug is first commer- parts 201 and 250 of title 21, Code of Federal drug; or cially marketed. Regulations), shall be deemed to be final or- ‘‘(ii) materially affect the extent of absorp- ‘‘(f) APPROVALS UNDER SECTION 505.—The ders under subsection (b), only as they apply tion or other exposure to the active ingre- provisions of this section shall not be con- to drugs— dient in comparison to a suitable reference strued to preclude a person from seeking or ‘‘(i) subject to paragraph (1), (2), (3), or (4) product, maintaining the approval of an application of subsection (a); or

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6926 CONGRESSIONAL RECORD — SENATE December 10, 2019 ‘‘(ii) otherwise subject to an order under under this section instead of the require- (C) whether, and to what extent, the sun- this section. ments of subchapter II of chapter 5 of title 5, screen ingredient granted exclusivity had ‘‘(3) WITHDRAWAL OF REGULATIONS.—The United States Code. previously been available outside of the Secretary shall withdraw regulations estab- ‘‘(q) DEFINITIONS.—In this section: United States; lishing final monographs and the procedures ‘‘(1) The term ‘nonprescription drug’ refers (D) an analysis of the implementation of governing the over-the-counter drug review to a drug not subject to the requirements of the exclusivity provision in such section under part 330 and other relevant parts of section 503(b)(1). 586C, including— title 21, Code of Federal Regulations (as in ‘‘(2) The term ‘sponsor’ refers to any per- (i) the resources used by the Food and Drug effect on the day before the date of the en- son marketing, manufacturing, or processing Administration; actment of this section), or make technical a drug that— (ii) the impact of such provision on innova- changes to such regulations to ensure con- ‘‘(A) is listed pursuant to section 510(j); tion, as well as research and development in formity with appropriate terminology and and the sunscreen market; cross references. Notwithstanding sub- ‘‘(B) is or will be subject to an administra- (iii) the impact of such provision on com- chapter II of chapter 5 of title 5, United tive order under this section of the Food and petition in the sunscreen market; States Code, any such withdrawal or tech- Drug Administration. (iv) the impact of such provision on con- nical changes shall be made without public ‘‘(3) The term ‘requestor’ refers to any per- sumer access to sunscreen products; notice and comment and shall be effective son or group of persons marketing, manufac- (v) the impact of such provision on the upon publication through notice in the Fed- turing, processing, or developing a drug.’’. prices of sunscreen products; and eral Register (or upon such date as specified (b) GAO STUDY.—Not later than 4 years (vi) whether the administrative orders ini- after the date of enactment of this Act, the in such notice). tiated by requestors under such section 505G Comptroller General of the United States ‘‘(l) GUIDANCE.—The Secretary shall issue have been utilized by sunscreen ingredient shall submit a study to the Committee on guidance that specifies— sponsors and whether such process has been Energy and Commerce of the House of Rep- ‘‘(1) the procedures and principles for for- sufficient to encourage the development of mal meetings between the Secretary and resentatives and the Committee on Health, Education, Labor, and Pensions of the Sen- sunscreen ingredients that would likely not sponsors or requestors for drugs subject to ate addressing the effectiveness and overall be otherwise developed, or developed in as this section; impact of exclusivity under section 505G of timely a manner; and ‘‘(2) the format and content of data sub- the Federal Food, Drug, and Cosmetic Act, (E) whether the administrative orders ini- missions to the Secretary under this section; as added by subsection (a), and section 586C tiated by requestors under such section 586C ‘‘(3) the format of electronic submissions of such Act (21 U.S.C. 360fff–3), including the have been sufficient incentive to encourage to the Secretary under this section; impact of such exclusivity on consumer ac- innovation in the sunscreen market. ‘‘(4) consolidated proceedings for appeal cess. Such study shall include— (c) CONFORMING AMENDMENT.—Section and the procedures for such proceedings (1) an analysis of the impact of exclusivity 751(d)(1) of the Federal Food, Drug, and Cos- where appropriate; and under such section 505G for nonprescription metic Act (21 U.S.C. 379r(d)(1)) is amended— ‘‘(5) for minor changes in drugs, rec- drug products, including— (1) in the matter preceding subparagraph ommendations on how to comply with the (A) the number of nonprescription drug (A)— requirements in orders issued under sub- products that were granted exclusivity and (A) by striking ‘‘final regulation promul- section (c)(3). the indication for which the nonprescription gated’’ and inserting ‘‘final order under sec- ‘‘(m) RULE OF CONSTRUCTION.— drug products were determined to be gen- tion 505G’’; and ‘‘(1) IN GENERAL.—This section shall not af- erally recognized as safe and effective; (B) by striking ‘‘and not misbranded’’; and fect the treatment or status of a non- (B) whether the exclusivity for such drug (2) in subparagraph (A), by striking ‘‘regu- prescription drug— products was granted for— lation in effect’’ and inserting ‘‘regulation or ‘‘(A) that is marketed without an applica- (i) a new active ingredient (including any order in effect’’. tion approved under section 505 as of the ester or salt of the active ingredient); or SEC. 102. MISBRANDING. date of the enactment of this section; (ii) changes in the conditions of use of a Section 502 of the Federal Food, Drug, and ‘‘(B) that is not subject to an order issued drug, for which new human data studies con- Cosmetic Act (21 U.S.C. 352) is amended by under this section; and ducted or sponsored by the requestor were adding at the end the following: ‘‘(C) to which paragraph (1), (2), (3), (4), or essential; ‘‘(ee) If it is a nonprescription drug that is (5) of subsection (a) do not apply. (C) whether, and to what extent, the exclu- subject to section 505G, is not the subject of ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY sivity impacted the requestor’s or sponsor’s an application approved under section 505, FOUND TO BE SUBJECT TO TIME AND EXTENT RE- decision to develop the drug product; and does not comply with the requirements QUIREMENTS.— (D) an analysis of the implementation of under section 505G. ‘‘(A) Notwithstanding subsection (a), a the exclusivity provision in such section ‘‘(ff) If it is a drug and it was manufac- drug described in subparagraph (B) may only 505G, including— tured, prepared, propagated, compounded, or be lawfully marketed, without an applica- (i) the resources used by the Food and Drug processed in a facility for which fees have tion approved under section 505, pursuant to Administration; not been paid as required by section 744M.’’. an order issued under this section. (ii) the impact of such provision on innova- SEC. 103. DRUGS EXCLUDED FROM THE OVER- ‘‘(B) A drug described in this subparagraph tion, as well as research and development in THE-COUNTER DRUG REVIEW. is a drug which, prior to the date of the en- the nonprescription drug market; (a) IN GENERAL.—Nothing in this Act (or actment of this section, the Secretary deter- (iii) the impact of such provision on com- the amendments made by this Act) shall mined in a proposed or final rule to be ineli- petition in the nonprescription drug market; apply to any nonprescription drug (as de- gible for review under the OTC drug review (iv) the impact of such provision on con- fined in section 505G(q) of the Federal Food, (as such phrase ‘OTC drug review’ was used sumer access to nonprescription drug prod- Drug, and Cosmetic Act, as added by section in section 330.14 of title 21, Code of Federal ucts; 101 of this Act) which was excluded by the Regulations, as in effect on the day before (v) the impact of such provision on the Food and Drug Administration from the the date of the enactment of this section). prices of nonprescription drug products; and Over-the-Counter Drug Review in accordance ‘‘(3) PRESERVATION OF AUTHORITY.— (vi) whether the administrative orders ini- with the paragraph numbered 25 on page 9466 ‘‘(A) Nothing in paragraph (1) shall be con- tiated by requestors under such section 505G of volume 37 of the Federal Register, pub- strued to preclude or limit the applicability have been sufficient to encourage the devel- lished on May 11, 1972. of any provision of this Act other than this opment of nonprescription drug products (b) RULE OF CONSTRUCTION.—Nothing in section. that would likely not be otherwise devel- this section shall be construed to preclude or ‘‘(B) Nothing in subsection (a) shall be con- oped, or developed in as timely a manner; limit the applicability of any other provision strued to prohibit the Secretary from issuing and of the Federal Food, Drug, and Cosmetic Act an order under this section finding a drug to (E) whether the administrative orders ini- (21 U.S.C. 301 et seq.). be not generally recognized as safe and effec- tiated by requestors under such section 505G tive under section 201(p)(1), as the Secretary SEC. 104. TREATMENT OF SUNSCREEN INNOVA- have been sufficient incentive to encourage TION ACT. determines appropriate. innovation in the nonprescription drug mar- (a) REVIEW OF NONPRESCRIPTION SUNSCREEN ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is not subject to this section if an exemption ket; and ACTIVE INGREDIENTS.— for investigational use under section 505(i) is (2) an analysis of the impact of exclusivity (1) APPLICABILITY OF SECTION 505G FOR PEND- in effect for such drug. under such section 586C for sunscreen ingre- ING SUBMISSIONS.— ‘‘(o) INAPPLICABILITY OF PAPERWORK RE- dients, including— (A) IN GENERAL.—A sponsor of a non- DUCTION ACT.—Chapter 35 of title 44, United (A) the number of sunscreen ingredients prescription sunscreen active ingredient or States Code, shall not apply to collections of that were granted exclusivity and the spe- combination of nonprescription sunscreen information made under this section. cific ingredient that was determined to be active ingredients that, as of the date of en- ‘‘(p) INAPPLICABILITY OF NOTICE AND COM- generally recognized as safe and effective; actment of this Act, is subject to a proposed MENT RULEMAKING AND OTHER REQUIRE- (B) whether, and to what extent, the exclu- sunscreen order under section 586C of the MENTS.—The requirements of subsection (b) sivity impacted the requestor’s or sponsor’s Federal Food, Drug, and Cosmetic Act (21 shall apply with respect to orders issued decision to develop the sunscreen ingredient; U.S.C. 360fff–3) may elect, by means of giving

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6927 written notification to the Secretary of subject to 552(b)(4) of title 5, United States (iii) issued by the Secretary at least 1 year Health and Human Services within 180 cal- Code, or section 1905 of title 18, United prior to the effective date of the revised endar days of the enactment of this Act, to States Code.’’. order. transition into the review of such ingredient (3) EXCLUSIVITY.—Section 586C of the Fed- (2) REPORTS.—If a revised sunscreen order or combination of ingredients pursuant to eral Food, Drug, and Cosmetic Act (21 U.S.C. issued under paragraph (1) does not include the process set out in section 505G of the 360fff–3) is amended by adding at the end the provisions related to the effectiveness of var- Federal Food, Drug, and Cosmetic Act, as following: ious sun protection factor levels, and does added by section 101 of this Act. ‘‘(f) EXCLUSIVITY.— not address all dosage forms known to the (B) ELECTION EXERCISED.—Upon receipt by ‘‘(1) IN GENERAL.—A final sunscreen order Secretary to be used in sunscreens marketed the Secretary of Health and Human Services shall have the effect of authorizing solely in the United States without a new drug ap- of a timely notification under subparagraph the order requestor (or the licensees, assign- plication approved under section 505 of the (A)— ees, or successors in interest of such re- Federal Food, Drug, and Cosmetic Act (21 (i) the proposed sunscreen order involved is questor with respect to the subject of such U.S.C. 355), the Secretary shall submit a re- deemed to be a request for an order under request and listed under paragraph (5)) for a port to the Committee on Energy and Com- subsection (b) of section 505G of the Federal period of 18 months, to market a sunscreen merce of the House of Representatives and Food, Drug, and Cosmetic Act, as added by ingredient under this section incorporating the Committee on Health, Education, Labor, section 101 of this Act; and changes described in paragraph (2) subject to and Pensions of the Senate on the rationale (ii) such order is deemed to have been ac- the limitations under paragraph (4), begin- for omission of such provisions from such cepted for filing under subsection (b)(6)(A)(i) ning on the date the requestor (or any licens- order, and a plan and timeline to compile of such section 505G. ees, assignees, or successors in interest of any information necessary to address such (C) ELECTION NOT EXERCISED.—If a notifica- such requestor with respect to the subject of provisions through such order. tion under subparagraph (A) is not received such request and listed under paragraph (5)) (d) TREATMENT OF NON-SUNSCREEN TIME by the Secretary of Health and Human Serv- may lawfully market such sunscreen ingre- AND EXTENT APPLICATIONS.— ices within 180 calendar days of the date of dient pursuant to the order. (1) IN GENERAL.—Any application described enactment of this Act, the review of the pro- ‘‘(2) CHANGES DESCRIBED.—A change de- in section 586F of the Federal Food, Drug, posed sunscreen order described in subpara- and Cosmetic Act (21 U.S.C. 360fff–6) that was graph (A)— scribed in this paragraph is a change subject to an order specified in paragraph (1) that submitted to the Secretary pursuant to sec- (i) shall continue under section 586C of the tion 330.14 of title 21, Code of Federal Regula- Federal Food, Drug, and Cosmetic Act (21 permits a sunscreen to contain an active sunscreen ingredient not previously incor- tions, as such provisions were in effect im- U.S.C. 360fff–3); and mediately prior to the date of enactment (ii) shall not be eligible for review under porated in a marketed sunscreen listed in paragraph (3). date of this Act, shall be extinguished as of section 505G, added by section 101 of this such date of enactment, subject to paragraph Act. ‘‘(3) MARKETED SUNSCREEN.—The marketed sunscreen ingredients described in this para- (2). (2) DEFINITIONS.—In this subsection, the (2) ORDER REQUEST.—Nothing in paragraph terms ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sun- graph are sunscreen ingredients— ‘‘(A) marketed in accordance with a final (1) precludes the submission of an order re- screen active ingredient’’, and ‘‘proposed quest under section 505G(b) of the Federal sunscreen order’’ have the meanings given to monograph for sunscreen drug products set forth at part 352 of title 21, Code of Federal Food, Drug, and Cosmetic Act, as added by those terms in section 586 of the Federal section 101 of this Act, with respect to a drug Food, Drug, and Cosmetic Act (21 U.S.C. Regulations (as published at 64 Fed. Reg. 27687); or that was the subject of an application extin- 360fff). guished under paragraph (1). (b) AMENDMENTS TO SUNSCREEN PROVI- ‘‘(B) marketed in accordance with a final SEC. 105. ANNUAL UPDATE TO CONGRESS ON AP- SIONS.— order issued under this section. PROPRIATE PEDIATRIC INDICATION ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only (1) FINAL SUNSCREEN ORDERS.—Paragraph FOR CERTAIN OTC COUGH AND (3) of section 586C(e) of the Federal Food, one 18-month period may be granted per in- COLD DRUGS. Drug, and Cosmetic Act (21 U.S.C. 360fff–3(e)) gredient under paragraph (1). (a) IN GENERAL.—Subject to subsection (c), is amended to read as follows: ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR the Secretary of Health and Human Services ‘‘(3) RELATIONSHIP TO ORDERS UNDER SEC- SUCCESSORS IN INTEREST.—Requestors shall shall, beginning not later than 1 year after TION 505G.—A final sunscreen order shall be submit to the Secretary at the time when a the date of enactment of this Act, annually deemed to be a final order under section drug subject to such request is introduced or submit to the Committee on Energy and 505G.’’. delivered for introduction into interstate Commerce of the House of Representatives (2) MEETINGS.—Paragraph (7) of section commerce, a list of licensees, assignees, or and the Committee on Health, Education, 586C(b) of the Federal Food, Drug, and Cos- successors in interest under paragraph (1).’’. Labor, and Pensions of the Senate a letter metic Act (21 U.S.C. 360fff–3(b)) is amended— (4) SUNSET PROVISION.—Subchapter I of describing the progress of the Food and Drug (A) by striking ‘‘A sponsor may request’’ chapter V of the Federal Food, Drug, and Administration— and inserting the following: Cosmetic Act (21 U.S.C. 360fff et seq.) is (1) in evaluating the cough and cold mono- ‘‘(A) IN GENERAL.—A sponsor may request’’; amended by adding at the end the following: graph described in subsection (b) with re- and ‘‘SEC. 586H. SUNSET. spect to children under age 6; and (B) by adding at the end the following: (2) as appropriate, revising such cough and ‘‘This subchapter shall cease to be effec- ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor cold monograph to address such children tive at the end of fiscal year 2022.’’. may request one or more confidential meet- through the order process under section (5) TREATMENT OF FINAL SUNSCREEN ings with respect to a proposed sunscreen 505G(b) of the Federal Food, Drug, and Cos- ORDER.—The Federal Food, Drug, and Cos- order, including a letter deemed to be a pro- metic Act, as added by section 101 of this metic Act is amended by striking section posed sunscreen order under paragraph (3), to Act. discuss matters relating to data require- 586E of such Act (21 U.S.C. 360fff–5). (b) COUGH AND COLD MONOGRAPH DE- ments to support a general recognition of (c) TREATMENT OF AUTHORITY REGARDING SCRIBED.—The cough and cold monograph de- safety and effectiveness involving confiden- FINALIZATION OF SUNSCREEN MONOGRAPH.— scribed in this subsection consists of the con- tial information and public information re- (1) IN GENERAL.— ditions under which nonprescription drugs lated to such proposed sunscreen order, as (A) REVISION OF FINAL SUNSCREEN ORDER.— containing antitussive, expectorant, nasal appropriate. The Secretary shall convene a The Secretary of Health and Human Services decongestant, or antihistamine active ingre- confidential meeting with such sponsor in a (referred to in this subsection as the ‘‘Sec- dients (or combinations thereof) are gen- reasonable time period. If a sponsor requests retary’’) shall amend and revise the final ad- erally recognized as safe and effective, as more than one confidential meeting for the ministrative order concerning nonprescrip- specified in part 341 of title 21, Code of Fed- same proposed sunscreen order, the Sec- tion sunscreen (referred to in this subsection eral Regulations (as in effect immediately retary may refuse to grant an additional as the ‘‘sunscreen order’’) for which the con- prior to the date of enactment of this Act), confidential meeting request if the Secretary tent, prior to the date of enactment of this and included in an order deemed to be estab- determines that such additional confidential Act, was represented by the final monograph lished under section 505G(b) of the Federal meeting is not reasonably necessary for the for sunscreen drug products set forth in part Food, Drug, and Cosmetic Act, as added by sponsor to advance its proposed sunscreen 352 of title 21, Code of Federal Regulations section 101 of this Act. order, or if the request for a confidential (as in effect on May 21, 1999). (c) DURATION OF AUTHORITY.—The require- meeting fails to include sufficient informa- (B) ISSUANCE OF REVISED SUNSCREEN ORDER; ment under subsection (a) shall terminate as tion upon which to base a substantive discus- EFFECTIVE DATE.—A revised sunscreen order of the date of a letter submitted by the Sec- sion. The Secretary shall publish a post- described in subparagraph (A) shall be— retary of Health and Human Services pursu- meeting summary of each confidential meet- (i) issued in accordance with the proce- ant to such subsection in which the Sec- ing under this subparagraph that does not dures described in section 505G(b)(2) of the retary indicates that the Food and Drug Ad- disclose confidential commercial informa- Federal Food, Drug, and Cosmetic Act; ministration has completed its evaluation tion or trade secrets. This subparagraph does (ii) issued in proposed form not later than and revised, in a final order, as applicable, not authorize the disclosure of confidential 18 months after the date of enactment of this the cough and cold monograph as described commercial information or trade secrets Act; and in subsection (a)(2).

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6928 CONGRESSIONAL RECORD — SENATE December 10, 2019 SEC. 106. TECHNICAL CORRECTIONS. tion’s Field Accomplishments and Compli- Code of Federal Regulations (or any suc- (a) IMPORTS AND EXPORTS.—Section ance Tracking System (FACTS) (or any suc- cessor regulations). 801(e)(4)(E)(iii) of the Federal Food, Drug, cessor system). ‘‘(B) The Secretary may, based on program and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) ‘‘(5) The term ‘OTC monograph drug’ implementation experience or other factors is amended by striking ‘‘subparagraph’’ each means a nonprescription drug without an ap- found appropriate by the Secretary, charac- place such term appears and inserting ‘‘para- proved new drug application which is gov- terize any OTC monograph order request as a graph’’. erned by the provisions of section 505G. Tier 2 OTC monograph order request (includ- (b) FDA REAUTHORIZATION ACT OF 2017.— ‘‘(6) The term ‘OTC monograph drug activi- ing recharacterizing a request from Tier 1 to (1) IN GENERAL.—Section 905(b)(4) of the ties’ means activities of the Secretary asso- Tier 2) and publish such determination in a FDA Reauthorization Act of 2017 (Public ciated with OTC monograph drugs and in- proposed order issued pursuant to section Law 115–52) is amended by striking ‘‘Section spection of facilities associated with such 505G. 744H(e)(2)(B)’’ and inserting ‘‘Section products, including the following activities: ‘‘(10)(A) The term ‘OTC monograph drug fa- 744H(f)(2)(B)’’. ‘‘(A) The activities necessary for review cility’ means a foreign or domestic business (2) EFFECTIVE DATE.—The amendment and evaluation of OTC monographs and OTC or other entity that— made by paragraph (1) shall take effect as of monograph order requests, including— ‘‘(i) is— the enactment of the FDA Reauthorization ‘‘(i) orders proposing or finalizing applica- ‘‘(I) under one management, either direct Act of 2017 (Public Law 115–52). ble conditions of use for OTC monograph or indirect; and drugs; ‘‘(II) at one geographic location or address TITLE II—USER FEES ‘‘(ii) orders affecting status regarding gen- engaged in manufacturing or processing the SEC. 201. SHORT TITLE; FINDING. eral recognition of safety and effectiveness finished dosage form of an OTC monograph (a) SHORT TITLE.—This title may be cited of an OTC monograph ingredient or combina- drug; as the ‘‘Over-the-Counter Monograph User tion of ingredients under specified conditions ‘‘(ii) includes a finished dosage form manu- Fee Act of 2019’’. of use; facturer facility in a contractual relation- (b) FINDING.—The Congress finds that the ‘‘(iii) all OTC monograph drug develop- ship with the sponsor of one or more OTC fees authorized by the amendments made in ment and review activities, including intra- monograph drugs to manufacture or process this title will be dedicated to OTC mono- agency collaboration; such drugs; and graph drug activities, as set forth in the ‘‘(iv) regulation and policy development ‘‘(iii) does not include a business or other goals identified for purposes of part 10 of sub- activities related to OTC monograph drugs; entity whose only manufacturing or proc- chapter C of chapter VII of the Federal Food, ‘‘(v) development of product standards for essing activities are one or more of the fol- Drug, and Cosmetic Act, in the letters from products subject to review and evaluation; lowing: production of clinical research sup- the Secretary of Health and Human Services ‘‘(vi) meetings referred to in section plies, testing, or placement of outer pack- to the Chairman of the Committee on 505G(i); aging on packages containing multiple prod- Health, Education, Labor, and Pensions of ‘‘(vii) review of labeling prior to issuance ucts, for such purposes as creating the Senate and the Chairman of the Com- of orders related to OTC monograph drugs or multipacks, when each monograph drug mittee on Energy and Commerce of the conditions of use; and product contained within the overpackaging House of Representatives, as set forth in the ‘‘(viii) regulatory science activities related is already in a final packaged form prior to Congressional Record. to OTC monograph drugs. placement in the outer overpackaging. SEC. 202. FEES RELATING TO OVER-THE- ‘‘(B) Inspections related to OTC monograph ‘‘(B) For purposes of subparagraph COUNTER DRUGS. drugs. (A)(i)(II), separate buildings or locations Subchapter C of chapter VII of the Federal ‘‘(C) Monitoring of clinical and other re- within close proximity are considered to be Food, Drug, and Cosmetic Act (21 U.S.C. 379f search conducted in connection with OTC at one geographic location or address if the et seq.) is amended by inserting after part 9 monograph drugs. activities conducted in such buildings or lo- the following: ‘‘(D) Safety activities with respect to OTC cations are— monograph drugs, including— ‘‘(i) closely related to the same business ‘‘PART 10—FEES RELATING TO OVER-THE- ‘‘(i) collecting, developing, and reviewing enterprise; COUNTER DRUGS safety information on OTC monograph drugs, ‘‘(ii) under the supervision of the same ‘‘SEC. 744L. DEFINITIONS. including adverse event reports; local management; and ‘‘In this part: ‘‘(ii) developing and using improved ad- ‘‘(iii) under a single FDA establishment ‘‘(1) The term ‘affiliate’ means a business verse event data-collection systems, includ- identifier and capable of being inspected by entity that has a relationship with a second ing information technology systems; and the Food and Drug Administration during a business entity if, directly or indirectly— ‘‘(iii) developing and using improved ana- single inspection. ‘‘(A) one business entity controls, or has lytical tools to assess potential safety risks, ‘‘(C) If a business or other entity would the power to control, the other business enti- including access to external databases. meet criteria specified in subparagraph (A), ty; or ‘‘(E) Other activities necessary for imple- but for being under multiple management, ‘‘(B) a third party controls, or has power to mentation of section 505G. the business or other entity is deemed to control, both of the business entities. ‘‘(7) The term ‘OTC monograph order re- constitute multiple facilities, one per man- ‘‘(2) The term ‘contract manufacturing or- quest’ means a request for an order sub- agement entity, for purposes of this para- ganization facility’ means an OTC mono- mitted under section 505G(b)(5). graph. graph drug facility where neither the owner ‘‘(8) The term ‘Tier 1 OTC monograph order ‘‘(11) The term ‘OTC monograph drug meet- of such manufacturing facility nor any affil- request’ means any OTC monograph order re- ing’ means any meeting regarding the con- iate of such owner or facility sells the OTC quest not determined to be a Tier 2 OTC tent of a proposed OTC monograph order re- monograph drug produced at such facility di- monograph order request. quest. rectly to wholesalers, retailers, or consumers ‘‘(9)(A) The term ‘Tier 2 OTC monograph ‘‘(12) The term ‘person’ includes an affil- in the United States. order request’ means, subject to subpara- iate of a person. ‘‘(3) The term ‘costs of resources allocated graph (B), an OTC monograph order request ‘‘(13) The terms ‘requestor’ and ‘sponsor’ for OTC monograph drug activities’ means for— have the meanings given such terms in sec- the expenses in connection with OTC mono- ‘‘(i) the reordering of existing information tion 505G. graph drug activities for— in the drug facts label of an OTC monograph ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC ‘‘(A) officers and employees of the Food drug; MONOGRAPH FEES. and Drug Administration, contractors of the ‘‘(ii) the addition of information to the ‘‘(a) TYPES OF FEES.—Beginning with fiscal Food and Drug Administration, advisory other information section of the drug facts year 2021, the Secretary shall assess and col- committees, and costs related to such offi- label of an OTC monograph drug, as limited lect fees in accordance with this section as cers, employees, and committees and costs by section 201.66(c)(7) of title 21, Code of Fed- follows: related to contracts with such contractors; eral Regulations (or any successor regula- ‘‘(1) FACILITY FEE.— ‘‘(B) management of information, and the tions); ‘‘(A) IN GENERAL.—Each person that owns a acquisition, maintenance, and repair of com- ‘‘(iii) modification to the directions for use facility identified as an OTC monograph drug puter resources; section of the drug facts label of an OTC facility on December 31 of the fiscal year or ‘‘(C) leasing, maintenance, renovation, and monograph drug, if such changes conform to at any time during the preceding 12-month repair of facilities and acquisition, mainte- changes made pursuant to section period shall be assessed an annual fee for nance, and repair of fixtures, furniture, sci- 505G(c)(3)(A); each such facility as determined under sub- entific equipment, and other necessary ma- ‘‘(iv) the standardization of the concentra- section (c). terials and supplies; and tion or dose of a specific finalized ingredient ‘‘(B) EXCEPTIONS.— ‘‘(D) collecting fees under section 744M and within a particular finalized monograph; ‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A accounting for resources allocated for OTC ‘‘(v) a change to ingredient nomenclature fee shall not be assessed under subparagraph monograph drug activities. to align with nomenclature of a standards- (A) if the identified OTC monograph drug fa- ‘‘(4) The term ‘FDA establishment identi- setting organization; or cility— fier’ is the unique number automatically ‘‘(vi) addition of an interchangeable term ‘‘(I) has ceased all activities related to generated by Food and Drug Administra- in accordance with section 330.1 of title 21, OTC monograph drugs prior to December 31

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of the year immediately preceding the appli- ‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY flation adjustment to the annual base rev- cable fiscal year; and REFUSED FOR FILING OR WITHDRAWN BEFORE enue for fiscal year 2022 and each subsequent ‘‘(II) has updated its registration to reflect FILING.—An OTC monograph order request fiscal year shall be equal to the product of— such change under the requirements for drug that was submitted but was refused for fil- ‘‘(i) such annual base revenue for the fiscal establishment registration set forth in sec- ing, or was withdrawn before being accepted year under subsection (b)(2); and tion 510. or refused for filing, shall be subject to the ‘‘(ii) the inflation adjustment percentage ‘‘(ii) CONTRACT MANUFACTURING ORGANIZA- full fee under subparagraph (A) upon being under subparagraph (C). TIONS.—The amount of the fee for a contract resubmitted or filed over protest. ‘‘(B) OTC MONOGRAPH ORDER REQUEST manufacturing organization facility shall be ‘‘(G) REFUND OF FEE IF ORDER REQUEST FEES.—For purposes of subsection (a)(2), the equal to two-thirds of the amount of the fee WITHDRAWN.—If an order request is with- dollar amount of the inflation adjustment to for an OTC monograph drug facility that is drawn after the order request was filed, the the fee for OTC monograph order requests for not a contract manufacturing organization Secretary may refund the fee or a portion of fiscal year 2022 and each subsequent fiscal facility. the fee if no substantial work was performed year shall be equal to the product of— ‘‘(C) AMOUNT.—The amount of fees estab- on the order request after the application ‘‘(i) the applicable fee under subsection lished under subparagraph (A) shall be estab- was filed. The Secretary shall have the sole (a)(2) for the preceding fiscal year; and lished under subsection (c). discretion to refund a fee or a portion of the ‘‘(ii) the inflation adjustment percentage ‘‘(D) DUE DATE.— fee under this subparagraph. A determina- under subparagraph (C). ‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal tion by the Secretary concerning a refund ‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.— year 2021, the facility fees required under under this subparagraph shall not be review- The inflation adjustment percentage under subparagraph (A) shall be due on the later able. this subparagraph for a fiscal year is equal of— ‘‘(3) REFUNDS.— to— ‘‘(I) the first business day of June of 2020; ‘‘(A) IN GENERAL.—Other than refunds pro- ‘‘(i) for each of fiscal years 2022 and 2023, or vided pursuant to any of subparagraphs (D) the average annual percent change that oc- ‘‘(II) 45 calendar days after publication of through (G) of paragraph (2), the Secretary curred in the Consumer Price Index for the Federal Register notice provided for shall not refund any fee paid under para- urban consumers (Washington-Baltimore, under subsection (c)(4)(A). graph (1) except as provided in subparagraph DC–MD–VA–WV; Not Seasonally Adjusted; ‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each (B). All items; Annual Index) for the first 3 years fiscal year after fiscal year 2021, the facility ‘‘(B) DISPUTES CONCERNING FEES.—To qual- of the preceding 4 years of available data; fees required under subparagraph (A) shall be ify for the return of a fee claimed to have and due on the later of— been paid in error under paragraph (1) or (2), ‘‘(ii) for each of fiscal years 2024 and 2025, ‘‘(I) the first business day of June of such a person shall submit to the Secretary a the sum of— year; or written request justifying such return within ‘‘(I) the average annual percent change in ‘‘(II) the first business day after the enact- 180 calendar days after such fee was paid. the cost, per full-time equivalent position of ment of an appropriations Act providing for ‘‘(4) NOTICE.—Within the timeframe speci- the Food and Drug Administration, of all the collection and obligation of fees under fied in subsection (c), the Secretary shall personnel compensation and benefits paid this section for such year. publish in the Federal Register the amount with respect to such positions for the first 3 ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— of the fees under paragraph (1) for such fiscal years of the preceding 4 fiscal years, multi- ‘‘(A) IN GENERAL.—Each person that sub- year. plied by the proportion of personnel com- mits an OTC monograph order request shall ‘‘(b) FEE REVENUE AMOUNTS.— pensation and benefits costs to total costs of be subject to a fee for an OTC monograph ‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, OTC monograph drug activities for the first order request. The amount of such fee shall fees under subsection (a)(1) shall be estab- 3 years of the preceding 4 fiscal years; and be— lished to generate a total facility fee revenue ‘‘(II) the average annual percent change ‘‘(i) for a Tier 1 OTC monograph order re- amount equal to the sum of— that occurred in the Consumer Price Index quest, $500,000, adjusted for inflation for the ‘‘(A) the annual base revenue for fiscal for urban consumers (Washington-Baltimore, fiscal year (as determined under subsection year 2021 (as determined under paragraph DC–MD–VA–WV; Not Seasonally Adjusted; (c)(1)(B)); and (3)); All items; Annual Index) for the first 3 years ‘‘(ii) for a Tier 2 OTC monograph order re- ‘‘(B) the dollar amount equal to the oper- of the preceding 4 years of available data quest, $100,000, adjusted for inflation for the ating reserve adjustment for the fiscal year, multiplied by the proportion of all costs fiscal year (as determined under subsection if applicable (as determined under subsection other than personnel compensation and ben- (c)(1)(B)). (c)(2)); and efits costs to total costs of OTC monograph ‘‘(B) DUE DATE.—The OTC monograph order ‘‘(C) additional direct cost adjustments (as drug activities for the first 3 years of the request fees required under subparagraph (A) determined under subsection (c)(3)). preceding 4 fiscal years. shall be due on the date of submission of the ‘‘(2) SUBSEQUENT FISCAL YEARS.—For each ‘‘(2) OPERATING RESERVE ADJUSTMENT.— OTC monograph order request. of the fiscal years 2022 through 2025, fees ‘‘(A) IN GENERAL.—For fiscal year 2021 and ‘‘(C) EXCEPTION FOR CERTAIN SAFETY under subsection (a)(1) shall be established subsequent fiscal years, for purposes of sub- CHANGES.—A person who is named as the re- to generate a total facility fee revenue sections (b)(1)(B) and (b)(2)(C), the Secretary questor in an OTC monograph order shall not amount equal to the sum of— may, in addition to adjustments under para- be subject to a fee under subparagraph (A) if ‘‘(A) the annual base revenue for the fiscal graph (1), further increase the fee revenue the Secretary finds that the OTC monograph year (as determined under paragraph (3)); and fees if such an adjustment is necessary order request seeks to change the drug facts ‘‘(B) the dollar amount equal to the infla- to provide operating reserves of carryover labeling of an OTC monograph drug in a way tion adjustment for the fiscal year (as deter- user fees for OTC monograph drug activities that would add to or strengthen— mined under subsection (c)(1)); for not more than the number of weeks spec- ‘‘(i) a contraindication, warning, or pre- ‘‘(C) the dollar amount equal to the oper- ified in subparagraph (B). caution; ating reserve adjustment for the fiscal year, ‘‘(B) NUMBER OF WEEKS.—The number of ‘‘(ii) a statement about risk associated if applicable (as determined under subsection weeks specified in this subparagraph is— with misuse or abuse; or (c)(2)); ‘‘(i) 3 weeks for fiscal year 2021; ‘‘(iii) an instruction about dosage and ad- ‘‘(D) additional direct cost adjustments (as ‘‘(ii) 7 weeks for fiscal year 2022; ministration that is intended to increase the determined under subsection (c)(3)); and ‘‘(iii) 10 weeks for fiscal year 2023; safe use of the OTC monograph drug. ‘‘(E) additional dollar amounts for each fis- ‘‘(iv) 10 weeks for fiscal year 2024; and ‘‘(D) REFUND OF FEE IF ORDER REQUEST IS cal year as follows: ‘‘(v) 10 weeks for fiscal year 2025. RECATEGORIZED AS A TIER 2 OTC MONOGRAPH ‘‘(i) $7,000,000 for fiscal year 2022. ‘‘(C) DECREASE.—If the Secretary has car- ORDER REQUEST.—If the Secretary determines ‘‘(ii) $6,000,000 for fiscal year 2023. ryover balances for such process in excess of that an OTC monograph request initially ‘‘(iii) $7,000,000 for fiscal year 2024. 10 weeks of the operating reserves referred to characterized as Tier 1 shall be re-character- ‘‘(iv) $3,000,000 for fiscal year 2025. in subparagraph (A), the Secretary shall de- ized as a Tier 2 OTC monograph order re- ‘‘(3) ANNUAL BASE REVENUE.—For purposes crease the fee revenue and fees referred to in quest, and the requestor has paid a Tier 1 fee of paragraphs (1)(A) and (2)(A), the dollar such subparagraph to provide for not more in accordance with subparagraph (A)(i), the amount of the annual base revenue for a fis- than 10 weeks of such operating reserves. Secretary shall refund the requestor the dif- cal year shall be— ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an ference between the Tier 1 and Tier 2 fees de- ‘‘(A) for fiscal year 2021, $8,000,000; and adjustment under this paragraph is made, termined under subparagraphs (A)(i) and ‘‘(B) for fiscal years 2022 through 2025, the the rationale for the amount of the increase (A)(ii), respectively. dollar amount of the total revenue amount or decrease (as applicable) in fee revenue and ‘‘(E) REFUND OF FEE IF ORDER REQUEST RE- established under this subsection for the pre- fees shall be contained in the annual Federal FUSED FOR FILING OR WITHDRAWN BEFORE FIL- vious fiscal year, not including any adjust- Register notice under paragraph (4) estab- ING.—The Secretary shall refund 75 percent ments made under subsection (c)(2) or (c)(3). lishing fee revenue and fees for the fiscal of the fee paid under subparagraph (B) for ‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— year involved. any order request which is refused for filing ‘‘(1) INFLATION ADJUSTMENT.— ‘‘(3) ADDITIONAL DIRECT COST ADJUST- or was withdrawn before being accepted or ‘‘(A) IN GENERAL.—For purposes of sub- MENT.—The Secretary shall, in addition to refused for filing. section (b)(2)(B), the dollar amount of the in- adjustments under paragraphs (1) and (2),

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6930 CONGRESSIONAL RECORD — SENATE December 10, 2019 further increase the fee revenue and fees for the Food and Drug Administration salaries and each subsequent fiscal year for which purposes of subsection (b)(2)(D) by an and expenses appropriation account without fees are collected under this part, the Sec- amount equal to— fiscal year limitation to such appropriation retary shall prepare and submit to the Com- ‘‘(A) $14,000,000 for fiscal year 2021; account for salaries and expenses with such mittee on Energy and Commerce of the ‘‘(B) $7,000,000 for fiscal year 2022; fiscal year limitation. The sums transferred House of Representatives and the Committee ‘‘(C) $4,000,000 for fiscal year 2023; shall be available solely for OTC monograph on Health, Education, Labor, and Pensions of ‘‘(D) $3,000,000 for fiscal year 2024; and drug activities. the Senate a report on the implementation ‘‘(E) $3,000,000 for fiscal year 2025. ‘‘(2) COLLECTIONS AND APPROPRIATION of the authority for such fees during such fis- ‘‘(4) ANNUAL FEE SETTING.— ACTS.— cal year and the use, by the Food and Drug ‘‘(A) FISCAL YEAR 2021.—The Secretary ‘‘(A) IN GENERAL.—Subject to subparagraph Administration, of the fees collected for such shall, not later than the second Monday in (C), the fees authorized by this section shall fiscal year. March of 2020— be collected and available in each fiscal year ‘‘(c) PUBLIC AVAILABILITY.—The Secretary ‘‘(i) establish OTC monograph drug facility in an amount not to exceed the amount spec- shall make the reports required under sub- fees for fiscal year 2021 under subsection (a), ified in appropriation Acts, or otherwise sections (a) and (b) available to the public on based on the revenue amount for such year made available for obligation, for such fiscal the internet website of the Food and Drug under subsection (b) and the adjustments year. Administration. provided under this subsection; and ‘‘(B) USE OF FEES AND LIMITATION.—The ‘‘(d) REAUTHORIZATION.— ‘‘(ii) publish fee revenue, facility fees, and fees authorized by this section shall be avail- ‘‘(1) CONSULTATION.—In developing rec- OTC monograph order requests in the Fed- able to defray increases in the costs of the ommendations to present to the Congress eral Register. resources allocated for OTC monograph drug with respect to the goals described in sub- ‘‘(B) SUBSEQUENT FISCAL YEARS.—The Sec- activities (including increases in such costs section (a), and plans for meeting the goals, retary shall, for each fiscal year that begins for an additional number of full-time equiva- for OTC monograph drug activities for the after September 30, 2021, not later than the lent positions in the Department of Health first 5 fiscal years after fiscal year 2025, and second Monday in March that precedes such and Human Services to be engaged in such for the reauthorization of this part for such fiscal year— activities), only if the Secretary allocates fiscal years, the Secretary shall consult ‘‘(i) establish for such fiscal year, based on for such purpose an amount for such fiscal with— the revenue amounts under subsection (b) year (excluding amounts from fees collected ‘‘(A) the Committee on Energy and Com- and the adjustments provided under this sub- under this section) no less than $12,000,000, merce of the House of Representatives; section— multiplied by the adjustment factor applica- ‘‘(B) the Committee on Health, Education, ‘‘(I) OTC monograph drug facility fees ble to the fiscal year involved under sub- Labor, and Pensions of the Senate; under subsection (a)(1); and section (c)(1). ‘‘(C) scientific and academic experts; ‘‘(II) OTC monograph order request fees ‘‘(C) COMPLIANCE.—The Secretary shall be ‘‘(D) health care professionals; under subsection (a)(2); and considered to have met the requirements of ‘‘(E) representatives of patient and con- ‘‘(ii) publish such fee revenue amounts, fa- subparagraph (B) in any fiscal year if the sumer advocacy groups; and cility fees, and OTC monograph order re- costs funded by appropriations and allocated ‘‘(F) the regulated industry. quest fees in the Federal Register. for OTC monograph drug activities are not ‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— ‘‘(d) IDENTIFICATION OF FACILITIES.—Each more than 15 percent below the level speci- After negotiations with the regulated indus- person that owns an OTC monograph drug fa- fied in such subparagraph. try, the Secretary shall— cility shall submit to the Secretary the in- ‘‘(D) PROVISION FOR EARLY PAYMENTS IN ‘‘(A) present the recommendations devel- formation required under this subsection SUBSEQUENT YEARS.—Payment of fees author- oped under paragraph (1) to the congres- each year. Such information shall, for each ized under this section for a fiscal year (after sional committees specified in such para- fiscal year— fiscal year 2021), prior to the due date for graph; ‘‘(1) be submitted as part of the require- such fees, may be accepted by the Secretary ‘‘(B) publish such recommendations in the ments for drug establishment registration in accordance with authority provided in ad- Federal Register; set forth in section 510; and vance in a prior year appropriations Act. ‘‘(C) provide for a period of 30 calendar ‘‘(2) include for each such facility, at a ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— days for the public to provide written com- minimum, identification of the facility’s For each of the fiscal years 2021 through 2025, ments on such recommendations; business operation as that of an OTC mono- there is authorized to be appropriated for ‘‘(D) hold a meeting at which the public graph drug facility. fees under this section an amount equal to may present its views on such recommenda- ‘‘(e) EFFECT OF FAILURE TO PAY FEES.— the total amount of fees assessed for such tions; and ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— fiscal year under this section. ‘‘(E) after consideration of such public ‘‘(A) IN GENERAL.—Failure to pay the fee ‘‘(g) COLLECTION OF UNPAID FEES.—In any views and comments, revise such rec- under subsection (a)(1) within 20 calendar case where the Secretary does not receive ommendations as necessary. payment of a fee assessed under subsection days of the due date as specified in subpara- ‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— graph (D) of such subsection shall result in (a) within 30 calendar days after it is due, Not later than January 15, 2025, the Sec- the following: such fee shall be treated as a claim of the retary shall transmit to the Congress the re- United States Government subject to sub- ‘‘(i) The Secretary shall place the facility vised recommendations under paragraph (2), chapter II of chapter 37 of title 31, United on a publicly available arrears list. a summary of the views and comments re- States Code. ‘‘(ii) All OTC monograph drugs manufac- ceived under such paragraph, and any tured in such a facility or containing an in- ‘‘(h) CONSTRUCTION.—This section may not be construed to require that the number of changes made to the recommendations in re- gredient manufactured in such a facility sponse to such views and comments.’’. shall be deemed misbranded under section full-time equivalent positions in the Depart- 502(ff). ment of Health and Human Services, for offi- f cers, employers, and advisory committees ‘‘(B) APPLICATION OF PENALTIES.—The pen- not engaged in OTC monograph drug activi- EXECUTIVE SESSION—Continued alties under this paragraph shall apply until ties, be reduced to offset the number of offi- The PRESIDING OFFICER. The Sen- the fee established by subsection (a)(1) is cers, employees, and advisory committees so paid. ate will resume executive session. engaged. ‘‘(2) ORDER REQUESTS.—An OTC monograph The Senator from Maryland. order request submitted by a person subject ‘‘SEC. 744N. REAUTHORIZATION; REPORTING RE- UNANIMOUS CONSENT REQUEST—S. 1060 QUIREMENTS. to fees under subsection (a) shall be consid- Mr. VAN HOLLEN. Madam Presi- ‘‘(a) PERFORMANCE REPORT.—Beginning ered incomplete and shall not be accepted for with fiscal year 2021, and not later than 120 dent, after a discussion that we will filing by the Secretary until all fees owed by calendar days after the end of each fiscal have on the Senate floor, I intend to such person under this section have been year thereafter for which fees are collected ask unanimous consent that the Sen- paid. under this part, the Secretary shall prepare ate pass S. 1060, which is a bipartisan ‘‘(3) MEETINGS.—A person subject to fees and submit to the Committee on Energy and under this section shall be considered ineli- piece of legislation called the DETER Commerce of the House of Representatives Act. gible for OTC monograph drug meetings and the Committee on Health, Education, until all such fees owed by such person have Labor, and Pensions of the Senate a report What is the DETER Act? The DETER been paid. concerning the progress of the Food and Act is legislation that I introduced ‘‘(f) CREDITING AND AVAILABILITY OF Drug Administration in achieving the goals with Senator RUBIO. It has bipartisan FEES.— identified in the letters described in section sponsorship, and it is designed to send ‘‘(1) IN GENERAL.—Fees authorized under 201(b) of the Over-the-Counter Monograph a very clear and simple message to subsection (a) shall be collected and avail- Safety, Innovation, and Reform Act of 2019 Russia or any other countries that are able for obligation only to the extent and in during such fiscal year and the future plans thinking about interfering with our the amount provided in advance in appro- of the Food and Drug Administration for priations Acts. Such fees are authorized to meeting such goals. elections and undermining our democ- remain available until expended. Such sums ‘‘(b) FISCAL REPORT.—Not later than 120 racy that, if we catch you, you will suf- as may be necessary may be transferred from calendar days after the end of fiscal year 2021 fer a severe penalty. It won’t be a few

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.005 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6931 sanctions against a few of the platforms. This is a case where the best land, and that is deterring foreign ad- oligarchs. It will hit big parts of your defense is a good offense because we versaries from trying to interfere with economy. It will hit your banking sec- can harden our systems, but you can be elections in the first place. tor. It will hit your energy sector. It sure that the Russian Government For the past year, Democrats have will hurt, so you better think before cyber security folks will always be been pushing legislation that would do you try to interfere in any future elec- looking for a way around it, just like just that by instituting mandatory tion. the arms race. So just like the arms crosscutting sanctions against any ad- Now, Senator RUBIO and I introduced race, deterrence is the best way to pro- versary—Russia, China, Iran, North this legislation a number of years ago, tect the integrity of our democracy by Korea—that even dared to attempt to and in response to concerns that were letting them know upfront that there meddle in our democracy. It is a bipar- raised, we made a number of important will be this very tough price to pay. tisan idea. Senator VAN HOLLEN has changes, but despite those changes, we We hoped and thought we could ad- legislation that is cosponsored by Sen- are still here in the U.S. Senate with dress this issue in the National Defense ator RUBIO. We tried hard to pass this less than 1 year to go before a national Authorization Act. What better place measure in the annual defense bill. election, and we have not passed this is there to defend the integrity of our Senate Republicans and Leader MCCON- bill to deter foreign interference in our democracy than in the legislation that NELL blocked the provision from the elections. is designed to protect our national se- final agreement. We know what Vladimir Putin’s am- curity? In fact, the U.S. Senate unani- Here we are today, asking our Repub- bitions are. He wants to sow division in mously passed the resolution I have in lican colleagues to relent and allow our electorate. He wants to make our my hand, S. Res. 330, which says very this bipartisan legislation to pass the political process even more polarized. clearly that we wanted folks at the Senate on its own. Our top national se- He wants to undermine the public faith NDAA conference to require the admin- curity officials have warned us that in the democratic process. That is not istration—any administration, future our adversaries are right now—right just my conclusion. That is the unani- administration—to promptly submit a now, as we speak—working on ever mous verdict of the U.S. Intelligence report on Russian interference or other more sophisticated methods to meddle Committee and the community after interference following every Federal in our elections. That is what Putin the 2016 election, but it is not just election, and that would include a de- does. He doesn’t have the military them. tailed assessment of the foreign gov- power or the economic power, but he Our own Senate Intelligence Com- ernments that were involved in that in- has long tentacles and clever ways to mittee, on a bipartisan basis, issued its terference. The Senate, as part of that undermine our democracy. Are we findings. It also found that those were resolution, also voted to promptly im- going to stand there benignly and let it Putin’s intentions, and it found that, pose sanctions on any foreign govern- happen? That is outrageous. in 2016, Russia interfered in all 50 of ment determined to have interfered in Why have Leader MCCONNELL and the States, to a greater or lesser ex- a future Federal election, including in- Senate Republicans opposed it? I hope tent—all 50 of the States. And what dividuals and entities within that it is not because the Russian Foreign Vladimir Putin clearly has learned and country’s territories. Minister is in town this week. I hope it taken away from all of this is that he Let me emphasize that point. Every is not because anyone wants to invite can attack our democracy and attack Senator here supported that—or at foreign interference. our elections with impunity because least nobody objected to that. We have I am worried that it is just as my col- the rewards are high. He creates divi- been working for over 2 years to get league from Maryland said: Donald sion. He accomplishes his objectives. this done, and we keep hearing that the Trump, who has shown no regard for And the price is zero. There is cur- Trump administration doesn’t want to the rule of law, for fairness, for de- rently no cost to Vladimir Putin from do it. Of course, we haven’t been told cency, or for honor, if he thinks Rus- interfering in our elections. by the Trump administration why they sian interference will help him, he So what the DETER Act is designed object. Even Secretary Pompeo, in tes- says: Let’s do it. What is bothersome is to do is to raise the costs for the com- timony before the Senate Foreign Re- that my colleagues on the Republican ing elections, to make it clear that, if lations Committee, said he supported side of the aisle move forward on his we catch you next time, there will be a the concept. In fact, every witness in wishes, right to the undermining of our penalty to pay. We know that Putin the Senate Banking Committee and democracy. hasn’t gotten this message because Senate Foreign Relations Committee I guarantee that if Leader MCCON- there is no penalty right now, and that asked about this and supported this NELL would allow the vote on this leg- is why, on November 5, just a few legislation. You have to ask the ques- islation, it would pass almost unani- weeks ago, we got another unanimous tion why: Why is there such opposi- mously. Remember, the motion to in- prediction from U.S. intelligence agen- tion? If it is because of President struct conferees on NDAA to include cies. All of them jointly stated: Trump, we need to be doing our job this legislation passed nearly unani- Russia, China, Iran, and other foreign ma- here in the legislature, not the bidding mously. I would plead with my good licious actors all will seek to interfere in the friend—he is a good man from Idaho, voting process or influence voter percep- of the White House. tions. Adversaries may try to accomplish I yield to the Democratic leader. Senator CRAPO—and I would plead with their goals through a variety of means, in- Mr. SCHUMER. Madam President, I Leader MCCONNELL: Stop this now. If cluding social media campaigns, directing thank my colleague from Maryland for Trump is getting you to do this or if disinformation operations or conducting dis- his diligence in this issue of utmost im- the White House is, which I suspect is ruptive or destructive cyber-attacks on state portance to the integrity of our elec- true, that is not your duty to this and local infrastructure. tions, to our national security, and ba- country, and you must put that higher That was just a few weeks ago— sically for trust in government. If the than your duty to President Trump. unanimously, from the intelligence American people feel that a foreign I yield back to my friend. agencies. Clearly, Vladimir Putin country can interfere in their elections Mr. VAN HOLLEN. Madam Presi- hasn’t gotten the message. What the and, particularly, that their President dent, I thank the minority leader. As DETER Act is all about is sending that is OK with that, I worry and pray for he indicated, the Russian Foreign Min- message that he will now know that our democracy. ister, Foreign Minister Lavrov, is in there will be a penalty to pay upfront. For the past few years, Senate Demo- town. There is a report saying that Look, there are only two ways we can crats have sought to pass legislation to Secretary Pompeo said to the Rus- protect our elections, and we need to improve the security of elections. sians: Don’t interfere in our elections. do both. One is to harden our election There are many ways to do this—hard- Wagging your finger is not enough to infrastructure here at home, which is ening our election infrastructure, shor- scare off Vladimir Putin. That is why to try to make it harder for somebody ing up cyber defenses, and requiring you need the DETER Act. to use cyber attacks to get into our paper ballots. One of the most impor- Of course, saying that is a big ad- election systems and make it harder tant has been advocated with passion vance over the President of the United for them to abuse our social media and vigor by my colleague from Mary- States, who has been denying Russian

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.029 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6932 CONGRESSIONAL RECORD — SENATE December 10, 2019 interference in our elections. It is not agreed that we can work on further The PRESIDING OFFICER. Objec- enough to scold the Russians. It is not legislation, but we need to get it right tion is heard. enough to scold Foreign Ministers. It is because economic sanctions legislation The Senator from Maryland. not enough to scold Vladimir Putin. is a two-edged sword. It hurts the Mr. VAN HOLLEN. Madam Presi- You have to raise the price for inter- United States and our allies often as dent, I want to address some of the ference, and they need to do it upfront. much as it hurts the entities sanc- comments made by the chairman of the Madam President, as in legislative tioned, and because of that, we have to Banking Committee and start by say- session, I ask unanimous consent that have the ability to be flexible in when ing that I have appreciated the con- the Committee on Banking, Housing, to apply, how to apply, and how to ad- versations he and I have had on this and Urban Affairs be discharged from just the impact of our sanctions; other- legislation over the years. Let me just further consideration of S. 1060 and the wise, we will see that we will do more address some of the comments that Senate proceed to its immediate con- damage to ourselves and our allies were made. sideration. I further ask that the bill than to Russia. One is to say that, currently, the be considered read a third time and By the way, we don’t just need legis- CAATSA scheme is enough to deter fu- passed and that the motion to recon- lation dealing with Russia. We need ture Russian interference in our elec- sider be considered made and laid upon legislation dealing with the same types tions. If that were true, you would not the table. of activities from Iran and China and have had every single one of our intel- The PRESIDING OFFICER. Is there North Korea, to name just a few of the ligence agencies just a few weeks ago objection? others. We need to do it with the ap- predict that Russia will interfere in Mr. CRAPO. Madam President, re- propriate mechanisms. our elections again, along with other serving the right to object. The mechanisms in this bill have foreign malign actors. The PRESIDING OFFICER. The Sen- been designed more to attack the If the laws on the books could deter ator from Idaho. Trump administration and Republicans that interference, why did they predict Mr. CRAPO. Madam President, I than to attack the Russians and those just a few weeks ago that they are think the record really needs to be set who would attack our country and our coming for us in the upcoming elec- straight. The picture that is being elections. I have said again and again tions? painted here is that the Republicans or and again that if we can fix the mecha- Second, this is not a partisan attack President Trump or both don’t care nisms so that they will work effec- on President Trump. This is a bipar- about the fact that Russia is and has tively to work against our enemies and tisan bill. This bill not only has Sen- been trying to interfere in our elec- protect America and our allies, as our ator RUBIO as the chief author, co- tions and that, for some reason, our re- current sanctions regimes do, then we author of the legislation, there are a fusal to allow this specific act to move can move forward with legislation that number of other Republican and Demo- forward until it is fixed is evidence of will even enhance what we did in cratic Senators on this bill as cospon- that. CAATSA. sors. In fact, they are evenly matched In support of that, he said that there I will also remind my colleague that on this legislation. is no penalty on the Russians because in addition to CAATSA, one of the rea- This has nothing to with President of their actions. I will remind my col- sons we have been so active in the Trump. In fact, this determination and leagues that I am the chairman of the United States is that we have passed this law would not even kick in until committee that has jurisdiction over significant additional legislation. I re- after the 2020 elections. I don’t know economic sanctions. On this floor, last mind my colleagues and everyone that who is going to be President then. This Congress, we had this very debate. I in addition to CAATSA and the already has nothing to do with President was making the case then that we existing IEEPA legislation, which are Trump. This has to do with protecting needed a broad, strong sanctions law very broad and powerful international our elections. Is it informed by what against Russia for its election inter- emergency economic authorities that happened in 2016? You bet it is. We ference and not only for its election in- have previously existed in the United know—again, from all our intelligence terference but also for its invasion of States to help our administrations committees and community agencies, Crimea and for its cyber security at- push back against malign conduct from every one of them headed by somebody tacks on the United States. our enemies, we have also passed the nominated by President Trump—that What happened then? We passed what Ukraine Freedom Support Act. I ref- the Russians attacked us in 2016. A few I believe is probably the strongest, erenced Crimea earlier. We have passed weeks ago they said the same thing most extensive legislation putting into the Magnitsky Act. President Obama, will happen in 2020, and that will hap- effect sanctions on Russia for election President Trump, and I believe Presi- pen especially if we don’t raise the interference, for cyber security viola- dent Bush, before them, have issued price. tions, for invasion of Crimea, and other significant Executive orders on their The CAATSA legislation, as the Sen- malign conduct. Under that legislation, own with their Executive order author- ator knows, was put in place by an the administration has been active. ity to expand sanctioning authority. overwhelming veto-proof vote in the I want to read you just a little—I To create the picture that there is no U.S. Senate. It was required because think that President Trump has prob- deterrent is false. To create the picture the Russians interfered, but it was ret- ably put more sanctions on the Rus- that the Trump administration is try- rospective. So, yes, we punished some sians than any other President in our ing to turn a blind eye to Russia’s ma- of the oligarchs who were close to history. The Treasury’s Russia sanc- lign conduct is false. To create the pic- Vladimir Putin, but that is not enough, tions program is among the most ac- ture that the Republicans, because clearly, to raise the price to Vladimir tive of the sanctions programs that the they want to get a mechanism that Putin from deterring him from doing it United States has. This administration works properly, are therefore willing to again. has sanctioned 335 Russian-related in- turn a blind eye to Russia is false. Again, we just heard that from our dividuals and entities, 317 of which When we can finally stop trying to own intelligence agencies. If you want were sanctioned under Treasury au- play politics with this issue, when we to raise the price for future inter- thority. can stop trying to make it anti-Trump ference, you need to not just hit a few By the way, the bill I referred to has or anti-Republican or make politics oligarchs, you need to let them know, an acronym. It is the Countering out of the problems that Russia truly some of those Russian Government America’s Adversaries Through Sanc- is creating for us, maybe we can come banks are going to get hit; their energy tions Act, or CAATSA. That is the leg- together and pass yet another strong sector is going to get hit. islation that the administration is piece of legislation to move forward— By the way, there is actually more using to deter Russian election inter- but not as long as it is done with mech- flexibility in this bill than I would ference and other activities in addition anisms and with lack of flexibility that like. As the chairman of the committee to other malign conduct. actually undermine our own economic knows, the original bill Senator RUBIO Now, I want to state again, as my security and our system in applying and I introduced did not have waiver colleague knows, I agree and have the sanctions. Because of that, I object. authority for the President of the

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.030 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6933 United States. The version that is be- I yield the floor. VanDyke would be the first judicial fore us right now contains waiver au- Mr. VAN HOLLEN. Madam Presi- nominee appointed to the bench with- thority for every single one of the dent, I hope we will get down to the se- out the support of his home State Sen- sanctions if the President makes a na- rious business of legislating. As I indi- ators, with a ‘‘not qualified’’ rating tional determination and says the cated in the hearings that have been from the American Bar Association, waiver will not hurt our national secu- held in the Senate Banking Committee and without ties to the community rity. and Senate Foreign Relations Com- whose appeals court seat he would oc- It has more flexibility than I would mittee, there was overwhelming sup- cupy. like because my view is you need to set port for moving forward with the I would like to ask my colleagues: up a machine that is almost automatic. DETER Act; that is, deter Russian in- What kind of message are we sending If we catch you interfering, there will terference in our elections. when we confirm individuals who don’t be a price to pay. Under this bill, if we I will say it again. This authority, have the support of their local commu- catch them, yes, there will be sanc- this sanction, if there is interference, nities? tions, but the reality is, the President does not kick in until after the next We need judges with the knowledge, can decide to waive those sanctions. Presidential election. It is not designed the maturity, and experience to under- We have come a long way. This is a to focus on any particular President. It stand the impact their decisions will bipartisan bill. This is about protecting is designed together on a bipartisan have on the States over which they our democracy. It is not about any par- basis—and this is a bipartisan bill—to preside. How will my colleagues feel ticular individual or any particular set up a mechanism in advance to let when a future administration attempts President. It wouldn’t even kick in Vladimir Putin or other malign foreign to do the same thing to their State, until after the next elections, and actors know, if they interfere, there when a Democratic President, perhaps, those sanctions will only kick in if will be a price to pay. Not maybe, not nominates a Californian to sit on a dis- there is interference. The whole pur- let’s just guess about it, there will be a trict court in Kentucky or a lifelong pose of this bill is to have sanctions price to pay unless a President decides DC resident is sent to a court in Texas? Mr. VanDyke’s qualifications and that are tough enough so Putin doesn’t to waive it, which, as I said, was a con- connections to Nevada are just one interfere or another foreign govern- cession we made to address people’s part of my objection to his confirma- ment doesn’t interfere and so they concerns about some flexibility, but we tion. I also believe Mr. VanDyke’s don’t go off the sanctions. That is the need to send the upfront message that views are just too extreme to promote whole purpose. at least initially these sanctions will to the Federal bench. He signed the I hope we will vote on this. The clock take effect, and they will hurt. That is State of Montana on to a brief in an is ticking. I am going to be on this the only way to deter someone like Arizona case that argued that Roe v. Vladimir Putin and the Russians from floor week after week until we come Wade ‘‘should . . . be revisited.’’ interfering in our elections: raise the together and pass something that actu- On LGBTQ protections, Mr. VanDyke ally has some teeth and will deter that price and make it clear they will pay at his confirmation hearings broke very foreign interference that every in- it. down in tears of frustration at the very The PRESIDING OFFICER. The Sen- telligence agency predicted will happen idea that he might be unfair to LGBTQ ator from Nevada. as recently as 5 weeks ago. That will litigants. He insisted that he believes happen unless we act. NOMINATION OF LAWRENCE VANDYKE in treating ‘‘all people . . . with dig- I yield floor. Ms. CORTEZ MASTO. Madam Presi- nity and respect,’’ but he didn’t treat The PRESIDING OFFICER. The Sen- dent, I rise today because of my firm LGBTQ people with dignity and respect ator from Idaho. opposition to Lawrence VanDyke’s when he wrote in a 2004 article that Mr. CRAPO. Madam President, not to nomination to the Ninth Circuit Court same-sex marriage hurts families, chil- belabor the point, but I just want to re- of Appeals, which has jurisdiction over dren, and society. It certainly doesn’t spond briefly. Yes, there are Repub- my home State of Nevada. Mr. Van- reflect an attitude of dignity and re- licans and Democrats on this bill, but Dyke lacks the support of both his spect to support extreme groups like many of the Members who are on this home State Senators, JACKY ROSEN and the Family Research Council and the bill have told me they are ready and I. His qualifications are inadequate and Alliance Defending Freedom, both of willing to amend and make it work. his ties to Nevada are minimal. which have been designated as anti- I have offered and have tried now for His nomination sets a dangerous LGBTQ hate groups by the Southern months to get that done. I am willing precedent for the Senate and would Poverty Law Center. to continue trying to improve and allow future administrations to nomi- The people who can legitimately shed strengthen this bill, but the notion nate virtual outsiders to communities tears about Lawrence VanDyke’s that this is just somehow trying to pro- across the country over Senators’ ob- record on LGBTQ rights are those who tect the President from having to jections. are still shunned because of whom they make tough choices is simply false. The President could have chosen a love. I will read today—as has been indi- better nominee. Senator ROSEN and I On the issue of preventing gun vio- cated, we have leaders from Russia in tried to work with the administration lence, Mr. VanDyke made his stance America today, and in response to to identify well-respected attorneys clear in a questionnaire the NRA sent that, our Secretary of State Pompeo from Nevada as potential appeals court to him when he was running for the Su- said: judges. Instead, the President decided preme Court of Montana. In his an- The Trump administration will always to nominate someone with no current swers to the NRA’s questions, Mr. Van- work to protect the integrity of our elec- ties to our State, someone whom the Dyke said he believed that ‘‘all gun tions, period. . . . Should Russia or any for- American Bar Association has rated as control laws are misdirected.’’ In Ne- eign actor take steps to undermine our ‘‘not qualified’’ for the Federal bench, vada, we believe in Second Amendment Democratic processes, we will take action in someone who holds extreme beliefs rights, but we also agree—as almost all response. about reproductive rights, LGBTQ Americans do—that commonsense All of the authorities in this legisla- rights, gun violence prevention, and measures like background checks keep tion we are debating right now exists environmental protection. us safer. already under CAATSA. I guess the ar- The American Bar Association inter- Finally, Mr. VanDyke has done his gument is that President Trump will viewed 60 of Mr. VanDyke’s former col- best to erode environmental standards not use them. Well, the reality is he leagues, and those colleagues charac- and protections. As solicitor general of will. Secondly, I have indicated my terized him as arrogant, lazy, an ideo- Nevada, he signed on to a lawsuit that willingness to work on this legislation. logue, and lacking in knowledge of the threatened the critical sage grouse pro- Rather than continuing to stand on day-to-day practice, including proce- tections. Governor Sandoval, the Re- the floor and debate why we like or dural rules. publican Governor at the time, said don’t like what President Trump is Mr. VanDyke’s nomination is unprec- that lawsuit ‘‘did not represent the doing, I think we ought to get down to edented for all of these reasons. If con- State of Nevada, the governor, or any the serious business of legislating. firmed to the Ninth Circuit, Lawrence state agencies.’’

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.034 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6934 CONGRESSIONAL RECORD — SENATE December 10, 2019 The Western United States has some months, the ranking member of the Ju- Do you know what they are not ask- of the most fragile and iconic public diciary Committee and I worked to de- ing me about? My constituents are not lands in the Nation. I object to letting velop a bipartisan bill to renew the asking me about the latest impeach- Mr. VanDyke oversee them when he law, which provides desperately needed ment headline. They are not asking me seems to care so little for their values. resources to prevent domestic and sex- about witnesses in front of a House Mr. VanDyke’s record shows that he is ual abuse and care for our survivors. committee or the newest ‘‘breaking not a neutral arbiter of the law. Be- We were making real progress, but all news’’ over on the House side. In their cause of his poor qualifications and be- of a sudden, Senate Democrats walked minds—it is just a bunch of Wash- cause of his extreme activist approach away from the progress we made in an ington hoopla to most people. to the law, I will vote against his con- apparent attempt to make violence A few days ago, I ran into some con- firmation, and I urge my colleagues to against women an election issue. stituents while I was running errands, do the same. Folks, we cannot allow our political and they said to me: Just stop this. I yield the floor. differences to keep us from performing Stop this. Something similar happened The PRESIDING OFFICER. The Sen- our most basic constitutional duties: while I was grocery shopping. The ator from Iowa. to provide for the common defense, butcher said to me: Aren’t you just USMCA fund the operations of the Federal Gov- tired of it? Ms. ERNST. Madam President, there ernment, and support women and chil- Well, yes, I am. are just 21 days left in 2019. With the dren across this country facing sexual We have 2 weeks until Congress days dwindling, Congress has made lit- and domestic abuse. I plan on con- leaves for Christmas break and 21 days tle progress on its to-do list that with- tinuing to work with Senator FEIN- until the end of the month, and we still out question must be addressed before STEIN without regard to the political have so much to do. Our sole focus going home for the holidays. This is winds because we have to stop playing should be on legislating and making largely due to the distractions and politics with women’s lives and our Na- life better for people across the coun- delays caused by the Democrats in this tion’s defense. try. body and especially by those across the At a time when Democrats and Re- I can tell you, as somebody who has Capitol. publicans in Washington can’t find been in this body and in the House for Let’s take the United States-Mexico- many areas of agreement, these are all several years, when you rush to judg- Canada trade agreement. President issues on which we should and abso- ment and when you rush to legislate, Trump signed it over 1 year ago. If ap- lutely can find common ground. I im- that is when things that you don’t proved, USMCA would create 176,000 plore my Democratic colleagues to end know get into bills and things that you new jobs by expanding access to mar- the obstruction and delay. Work with want in bills don’t get into bills. So kets and providing much needed cer- us to fund the government and support rushing into legislating is not the fair- tainty for American businesses and our servicemembers. Pass the USMCA est way to do it. farmers. Literally, everyone benefits. and provide resources for my fellow I am pleased that at long last, we are Yet here we are still waiting for the survivors of domestic and sexual abuse. going to pass the National Defense Au- House Democrats to bring it up for a The American people are counting on thorization Act that protects our na- us. vote—a vote that would be broadly bi- tional security and supports our men I yield the floor. and women in uniform. We still need to partisan. The PRESIDING OFFICER. The Sen- Speaker PELOSI even admitted today pass appropriations bills that fund ator from West Virginia. much of our Federal Government. I am that there is no question that USMCA Mrs. CAPITO. Madam President, I the chairman of the Homeland Secu- is much better than NAFTA. I am am privileged to be on the floor today rity Subcommittee, so I very much hopeful the House will finally vote on with the Senator from Iowa, Ms. want to see us enact a bill that will the measure next week before leaving ERNST. I am here to join in a chorus of provide critical resources to protect town. This would be a great Christmas voices to ask this Congress to do bet- gift for American workers, farmers, ter, to do our to-do list, and to do the this country. Homeland Security. Sure, we have and businesses. things people sent us here to do. I am Border Patrol, we have the wall, and But it is not just on trade deals. We going to highlight some of the critical we have ICE. Do you know what else are now over 2 months into the new items Congress still needs to get done. we have? We have the Coast Guard, Federal fiscal year. Yet Congress still Senator ERNST talked about them very has not approved the annual funding eloquently. TSA, the Secret Service, FEMA—abso- bills for this fiscal year. These bills When I am home in West Virginia, lutely essential services. This includes will actually fund the government. Yet people ask me about policies that im- funding for our immigration laws and Democrats are stalling and throwing pact their everyday lives. They ask also continuing to fund the work on up roadblocks at every turn. They are about healthcare. They ask about the the border wall system. I want to see failing to support our servicemembers, pensions and healthcare for our retired us pass all 11 of these bills, as well as including providing them with the miners. They ask about surprise med- provide funding for our troops and our largest pay raise in a decade. ical bills. I have certainly received veterans. Funding medical research. I Just recently, I was on the ground in them, and many people in this country am committed to funding Alzheimer’s Kuwait and Afghanistan to meet with every day, 2 or 3 months after an oper- research, addressing the opioid epi- our U.S. troops, including Iowans of ation or a visit to the hospital, may re- demic, infrastructure, and many other the Des Moines-based 103rd ceive a bill in the mail they had no priorities. Sustainment Command. These service- idea was coming their way. I also have a priority that really af- members are relying on Congress to do The high cost of prescription drugs is fects just part of the country but deep- their job so that our military men and an issue that hits many of us in our ly affects those of us in West Virginia. women can carry out their job of pro- pocketbooks, and particularly for those We need to enact the Bipartisan Amer- tecting our homeland. As a former who suffer from disease or who are el- ican Miners Act this year. Congress company commander in Kuwait, I real- derly, it is a particular strain on their must act to save the healthcare of ize just how vital resources are to our wallets. They ask about national secu- 13,000 retired miners and protect the troops. rity and caring for our veterans. Here pension benefits of about 92,000 people. Let’s not forget that Democrats is one everybody complains about, in- More than 25,000 retired miners re- agreed to a framework months ago on cluding all of us here—robocalls. Can ceived benefits in West Virginia last all of these bills. Yet they have repeat- somebody please stop the onslaught of year. We have a bipartisan bill to ad- edly blocked consideration of these robocalls? dress this critical issue for our mining bills. We have legislation, but we are not families and for West Virginia commu- Similarly, the authorization for the getting the action on it that we need. nities. It is critical that we pass this Violence Against Women Act—a law We need better trade deals that will bill before the end of the year because that is deeply personal to me—expired help grow our economy and support our this situation is getting more dire a year ago and remains in limbo. For American workers. every single day.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.035 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6935 The USMCA—United States-Mexico- port. It was approved by the Senate these decisions about nominations to Canada trade agreement—has been Homeland Security and Governmental the far-right groups that he feels, evi- waiting for action all year, as Senator Affairs Committee in June, and it is in- dently, he has to follow. ERNST said. I am glad to see that cluded as part of the Prevent Govern- Mr. VanDyke has already made it Speaker PELOSI is finally moving on ment Shutdowns Act. We need to pass abundantly clear how he will rule on this. It is an agreement that will grow No Budget, No Pay now to show we are gun violence prevention issues. In an our economy and includes robust pro- serious about the future of this Nation. NRA questionnaire that he completed tections for American workers. We Members of Congress make $174,000 a when he ran for the Montana Supreme have to get this across the finish line. year. All we are asking them to do is Court in 2014, Mr. VanDyke stated that I am especially proud of the work we the most basic function of govern- he would not support any legislation are doing on the Environment and Pub- ment—pass the budget. It is not com- that would regulate firearms and am- lic Works Committee. We passed a bi- plicated. If you are a Member of Con- munition; any restrictions on the pos- partisan 5-year highway bill. It had a gress, rich or poor, and you don’t be- session, ownership, purchase, sale, or unanimous vote, 21 to 0. It would help lieve Congress can or should pass a transfer of semiautomatic firearms; or improve roads, highways, and bridges budget every year, then go home. legislation mandating the use of lock- that Americans count on every day to There are lots of other competent peo- ing devices and safe storage proce- travel safely, whether they are going ple who can have your job. When the dures. to church, going to the job, or going on American people don’t do their job, There are currently bills before Con- a family trip. Reauthorization of the there are consequences. gress that would do each of these Federal Surface Transportation Pro- It is time we make Washington just a things. I should know, for I sponsored gram is a top priority for the coming little bit more like the real world, so I them. None of these proposals—none— year. ask all my colleagues to join with me would get a fair hearing in Mr. We have a lot to do in the coming to pass No Budget, No Pay. VanDyke’s court. That predilection days, but we also have lots to do in the I suggest the absence of a quorum. never disavowed, never refuted, never coming year. I hope we will work to- The PRESIDING OFFICER. The denied should be disqualifying. gether and not practice the past prac- clerk will call the roll. Worse still, in the same question- tices of this year. I hope we will work The senior assistant legislative clerk naire, Mr. VanDyke stated that the together to get the job done. proceeded to call the roll. only reason he was not currently a I yield back. Mr. BLUMENTHAL. Mr. President, I member of the NRA was that he didn’t The PRESIDING OFFICER. The Sen- ask unanimous consent that the order ‘‘want to risk recusal if a lawsuit came ator from Florida. for the quorum call be rescinded. before me where the NRA was in- Mr. SCOTT of Florida. Madam Presi- The PRESIDING OFFICER (Mr. volved.’’ In other words, he would join dent, I rise to speak today about the CASSIDY). Without objection, it is so or- the NRA; he supports the NRA; he feels things Congress is failing to accom- dered. like he should be a member of the plish while Democrats in the House NOMINATION OF LAWRENCE VANDYKE NRA; and he wants to rule in favor of continue their obsession with impeach- Mr. BLUMENTHAL. Mr. President, the NRA, but he might have to recuse ing this President to overturn the re- in the midst of all of the historic and himself if he were to join the NRA. sults of the 2016 election. Let’s be profoundly significant events hap- That statement alone should be dis- clear. That is what is happening here. pening these days in Congress, there qualifying. Democrats lost the election in 2016 and may be a temptation to overlook some Remember, we are talking about a realized they are going to lose again in of the judicial nominations that are life-tenured position on the Federal ju- 2020. They are trying to use the im- coming to the floor of the Senate, some diciary, not just for a few years. This is peachment process to hurt the Presi- of them almost a caricature of the un- not an elected position on a State dent. qualified nominees that we have seen court. This is a Federal nomination to That is shameful enough, but let’s all too often. One is before us today, the second highest, appellate-level think about what Congress is not Lawrence VanDyke, who has been nom- court in the United States, second only doing. Congress is not passing a budg- inated to the Ninth Circuit. to the U.S. Supreme Court. et. Congress is not funding our mili- Over the past 3 years, we have Mr. VanDyke’s hostility to common- tary. Congress is not securing our bor- watched the Trump administration sense gun violence prevention also led der. Congress is not lowering the cost march ceaselessly to degrade the judi- him to challenge a law passed by the of prescription drugs. Congress is not ciary. Yet, even in having witnessed voters of a State he was charged with doing the things the American people this travesty firsthand, I find Mr. serving. In 2016—now we are talking sent us to Washington to do. VanDyke’s nomination truly aston- about Nevada, not Montana—the vot- I won’t accept that. I have a back- ishing and alarming. Once again, we ers of Nevada approved a ballot meas- ground in business, and in the real are faced with a nominee who lacks the ure to expand background checks to world, if you don’t do your job, you support of his home State Senators, cover the private sale of firearms. This don’t get paid. It is that simple. If Con- who is not even from the State for closed a critical loophole in that gress can’t accomplish even the most which this seat is designated, and who State’s laws. I have repeatedly empha- basic tasks—passing a budget and ap- was rated ‘‘not qualified’’ by the Amer- sized that we must address this loop- propriations bills in an orderly fash- ican Bar Association. That is a pretty hole at the Federal level. Nevada ad- ion—lawmakers shouldn’t get a pay- tough set of qualifications—or lack of dressed it at the State level, but Mr. check, period. them—to match, but Lawrence Van- VanDyke, who was at the time that The current system is broken. No one Dyke has done it. State’s solicitor general, took the very takes responsibility, and there are no These departures from bedrock prin- unusual step of working to undermine consequences. That should change. ciples that once guided the exercise of the voter-approved law. That is why we need to pass my No the Senate’s constitutional duty to ad- Meanwhile, when he worked for the Budget, No Pay proposal now. With- vise and consent should disturb all of Montana attorney general, he was all holding paychecks from Members of us, but even more disturbing is Mr. too happy to defend an extreme and Congress who fail to pass the budget VanDyke’s record as an unrelenting poorly drafted State law that sought to will help prevent government shut- ideologue who has spent his entire exempt from all Federal regulation the downs, which hurt the economy and legal career promoting an extreme po- firearms and ammunition that were millions of everyday Americans. It is litical agenda. Unfortunately, that is made in Montana. Don’t take my word also an important step to promote fis- exactly what we can expect of him if he for it, as Yogi Berra said. You can look cal responsibility in the face of our is confirmed to the Ninth Circuit Court it up. Mr. VanDyke himself stated in staggering national debt, which stands of Appeals. That ideological, rightwing, an email to the Federalist Society that at over $23 trillion. extremist image and record are exactly this statute was ‘‘ill-advised’’ and that No Budget, No Pay is moving why he has been nominated by the he could not come up with ‘‘any plau- through Congress with bipartisan sup- President, who has outsourced many of sible (much less good arguments)’’ to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.037 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6936 CONGRESSIONAL RECORD — SENATE December 10, 2019 defend that State’s law. That didn’t The PRESIDING OFFICER. The Sen- safe. Let me tell you what I am talking stop Mr. VanDyke from defending the ator from Connecticut. about. law nor did it stop the Federalist Soci- Mr. MURPHY. Mr. President, I join First and foremost, he was a vocal ety from providing him with the help my colleague from Connecticut, Sen- proponent of something called the he had requested in contriving argu- ator BLUMENTHAL, and others in urging Firearms Freedom Act. As solicitor ments and concocting ill-founded my colleagues to oppose the nomina- general of Montana, he argued that the claims to support the law. tion of Lawrence VanDyke. Federal Government should not have When Mr. VanDyke wants a par- I may risk repeating some of the the power to regulate gun ownership in ticular outcome but can’t figure it out ground that has been covered by Sen- his State of Montana. himself or he can’t find the legal path ator BLUMENTHAL, but I think it is im- This is a political cause that is pick- to it, he turns to the Federalist Soci- portant enough that we reiterate over ing up steam in some conservative cir- ety for answers. There is no great mys- and over the dangerous nature of this cles around the country, but it is still tery here about how he will act when particular nomination. a radical notion, the idea that the Con- he is faced with similar situations if he I have come down to speak on the gress can pass a law restricting who is confirmed as a judge for the Federal floor in opposition to maybe only a can own a gun or what kinds of guns Court of Appeals for the Ninth Circuit. handful of the President’s judicial can be owned and that a State can just Unfortunately, Mr. VanDyke’s pro- nominees. In fact, if you look up the claim those laws are not valid in that motion of the NRA’s extreme positions voting record, I probably am amongst a State. That is what Montana was at- is far from the only plank of his far- very small handful of Democrats who tempting to do, and that is what Mr. right agenda. He has made many state- have routinely voted for the Presi- VanDyke was pushing—the idea that ments that are hostile to LGBTQ dent’s nominees—not just judicial that State was just going to conven- rights, including questioning the abil- nominees but also his appointments to iently avoid enforcing Federal firearms ity of gay parents to raise children and positions in his administration. acts and laws. That position is unconstitutional, suggesting that protecting LGBTQ Often in committee, I am the only and Federal courts have held that it is rights is an affront to religious liberty. Democrat supporting some of the unconstitutional, but that didn’t stop He has fought tirelessly to uphold President’s nominees and appoint- Mr. VanDyke from pushing what is es- State bans on gay marriage, and he has ments, and that is because I have come sentially a political cause—the idea fought to allow discrimination against to the conclusion that this body should that one of the ways to stymie Federal LGBTQ people in public accommoda- give deference to the administration action on guns is to just convince tions. His open hostility to LGBTQ and to the President when it comes States to pass laws saying they won’t people was one of the main reasons the particularly to filling the positions of enforce Federal laws. That is a very ABA rated him ‘‘not qualified.’’ Not those who work for him in political ap- pointments but to a degree as well in slippery slope to go down—certainly on only is it clear how he would rule on the issue of enforcement of firearms the judiciary. issues relating to those rights, but the laws, but it is a slippery slope to go ABA was not even confident that he So I put my votes where my test is, and probably with only two or three down with respect to any Federal laws could treat LGBTQ litigants fairly re- that States may want to ignore or in- gardless of the issue before him. That exceptions in the Democratic caucus, I have voted for more of the President’s validate. is disqualifying. Second, Mr. VanDyke has taken a po- nominees than the rest of my col- Mr. VanDyke is also an ideologue on sition opposing the constitutionality of leagues on this side of the aisle. My reproductive rights issues. His adher- restrictions on the sales of certain test is pretty simple. One, I want indi- ence to his extremist positions against types of weapons. women’s healthcare and reproductive viduals who are qualified. Obviously We have big disagreements here as to rights has blinded him to the need qualifications are sometimes in the eye which kinds of weapons should be sold about these rights. In 2013, he signed an of the beholder, but I want folks who commercially and which kinds of weap- amicus brief that stated: ‘‘A growing know something about the job they are ons should be reserved for law enforce- body of scientific literature shows that about to undertake or have some set of ment and the military. I believe that a fetus can suffer physical pain at 20- skills that will be relevant. Second, I semiautomatic, assault-style weapons weeks’ gestation.’’ That view was re- want to make sure the candidates we like the AR–15 are best left in the jected emphatically by the American are reviewing for judgeships or admin- hands of those they were designed for— College of Obstetricians and Gyne- istration posts are not out of the main- soldiers and law enforcement. Many of cologists, which felt compelled to put stream—I mean the conservative main- my Republican colleagues don’t agree. out a statement that laid this dan- stream. I don’t want folks who have But that should be a debate we have gerous ‘‘fetal pain’’ myth to rest. radical points of view. here, and I simply do not believe our Whether he cannot tell the difference Mr. VanDyke doesn’t pass that test Founding Fathers would accept the between fact and fiction or simply feels as far as I am concerned, and that is premise that the Constitution restricts comfortable misleading the court, this why I chose to come down to the floor our ability to decide what kinds of kind of behavior is disturbing for a and express my opposition to his nomi- weapons should be in civilian hands Federal judicial nominee. Ordinarily, nation. In particular, I do not believe and what kinds of weapons should be in this kind of indifference to the truth Mr. VanDyke is within the mainstream the hands of the military. There was would be disqualifying for a Federal when it comes to his positions on the all sorts of gun regulation happening nominee. Ordinarily, blind adherence issue of gun violence. at the time of the passage of the U.S. to ideology would be disqualifying for Obviously this is a personal issue not Constitution. They were not unfamiliar any nominee to an important position just to me but to everybody in this with the idea that government was of trust and respect. Ordinarily, the Chamber, and we have a lot of disagree- going to have a hand to play in regu- fact that a nominee is unqualified ment—maybe a narrowing set of dis- lating firearms, and I reject the idea would be disqualifying itself. Yet, for agreements on the policy surrounding that the Constitution bars us from hav- Mr. Trump, these are not disqualifying what we should do to better protect ing those debates. flaws. They are, in fact, the reasons for this country against the growing Mr. VanDyke has spent a lot of time his nomination. scourge of gun violence. But Mr. Van- arguing that the Constitution prohibits So let’s send the White House a mes- Dyke has held a position that would Congress from acting to keep dan- sage that we will insist on qualified take away from this body the ability to gerous weapons out of the hands of ci- nominees. They may have views that keep our friends and our neighbors and vilians. It is one thing to have a policy are different from ours, but they our constituents safe. Mr. VanDyke’s objection; it is another thing to put should be qualified to hold these life- record as a candidate for the supreme somebody into the Federal court sys- time positions of trust on our Nation’s court and as solicitor general was to tem who doesn’t think we should have highest courts. I hope that we will re- endorse views outside of the main- ownership as a political body of a ques- ject Mr. VanDyke’s nomination. stream that would take away from us tion that is inherently political, not I yield the floor. the ability to pass laws to keep people constitutional.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.038 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6937 I come to the floor to point out just ada supports about 13 million jobs in when you take away all the spin, there a handful of ways in which Mr. the United States alone, and the are some key findings in this report VanDyke’s record, I believe, is outside USMCA will improve that NAFTA that should be of grave concern to of the conservative mainstream when trade agreement, create more jobs and every American—Republicans, Demo- it comes to guns. I think he holds posi- more prosperity. I will be looking to crats, unaffiliated. If you are an Amer- tions that would make even NRA-en- see what this looks like in writing. ican citizen and you care about civil dorsed Republicans in this body a little We had Ambassador Lighthizer, the liberties, you should care about what is uncomfortable, especially this idea Trade Representative, on the con- in this report. that States can nullify Federal fire- ference call this morning trying to go First of all, there are errors and inac- arms laws. through some of the top lines, but I am curacies in something called a foreign Although I think there are many rea- still reviewing the details of this agree- intelligence surveillance warrant. Peo- sons to draw issue with this particular ment to ensure that it is in the best in- ple may not realize it, but the intel- nominee, I put this set of issues at the terest of my constituents, Texas farm- ligence community cannot open up an top of the list. Again, this is coming ers and ranchers, manufacturers, and investigation on an American citizen from someone who has spent a lot of consumers. unless they get a warrant issued by a time supporting the President’s nomi- GOVERNMENT FUNDING judge upon the showing of probable nees with whom I have big policy dis- Mr. President, as you heard from the cause to believe that a crime has been agreements. I think this is beyond a Senator from Oklahoma, we are just 10 committed. question of policy disagreements. This days away from a complete govern- Now, the law is different when it is someone who is going to bring some ment shutdown unless we reach some comes to non-citizens overseas, and pretty radical ideas on what the Con- sort of agreement on spending bills. We that is what the Foreign Intelligence stitution allows States to do and what thought we had taken care of this last Surveillance Act purports to cover, the the Constitution allows this body to do August when Democrats and Repub- procedures and the protocol and the when it comes to keeping our constitu- lican Senators and House Members oversight of that very delicate yet very ents safe. agreed to a top line of spending, but important process. I would urge us to oppose Lawrence unfortunately, after the August recess, One of the things that gives me as- VanDyke’s nomination. our Democratic colleagues walked that surance that our intelligence commu- I yield the floor. back and led us now up to the precipice nity is operating within its guidelines The PRESIDING OFFICER. The Sen- of, yes, another government shutdown. and the law is the oversight that Con- ator from Oklahoma. RUSSIA INVESTIGATION gress provides on a regular basis. It is (The remarks of Mr. LANKFORD per- Mr. President, on top of all of this, the laws we pass, like the Foreign In- taining to the introduction of S. 3009 the Justice Department Inspector Gen- telligence Surveillance Act. It is the are printed in today’s RECORD under eral, Michael Horowitz, yesterday re- work being done by the committees, ‘‘Statements on Introduced Bills and leased his report on the counterintel- the Select Committee on Intelligence. Joint Resolutions.’’) ligence investigation of the Trumbull I see Senator WYDEN from Oregon Mr. LANKFORD. I yield the floor. campaign and any potential contacts who serves and served with distinction The PRESIDING OFFICER. The Sen- with Russia. on that committee for a long time, but ator from Texas. We know Director Mueller, Special those intelligence committees, both in Mr. CORNYN. Mr. President, let me Counsel, has concluded after about 2 the House and the Senate, provide es- begin by commending our friend from years that there was no collusion, no sential oversight of our intelligence Oklahoma for his patience. It takes a obstruction, but this was an investiga- agencies to make sure they stay within lot of patience to get things done tion of something called Crossfire Hur- the hashmarks, to stay within the around here. It also takes a lot of per- ricane, which is a counterintelligence guardrails that Congress prescribes severance. Sometimes I think that if investigation by the FBI that ulti- under the law. you can’t convince people, maybe you mately led to the appointment of the Then there are the internal rules can just wear down their resistance special counsel. used at the FBI, the National Security over time. But this is an idea whose I want to talk a little bit in advance Agency, the Central Intelligence Agen- time has come, and I congratulate our of Inspector Horowitz’s appearance be- cy, that they have to comply with, friend from Oklahoma and Senator fore the Judiciary Committee tomor- their own internal guidelines derived HASSAN and would love to join them in row because it is very, very important. from the authorities Congress provides. supporting their effort. Thank you. We may recall that this process started Then there is a very important court IMPEACHMENT about a year and a half ago after specu- called the Foreign Intelligence Surveil- Mr. President, as you heard from the lation over the motivation and the lance Court. When the FBI believes Senator from Oklahoma, this has been methods of the FBI in opening up an they have to open an investigation into another wild week in Washington, DC. investigation on President Trump a potential intelligence matter, they It looks like the House is working to when he was still Candidate Trump. can apply for a foreign intelligence sur- remove the President of the United The 2016 election was historic in many veillance warrant, which opens up au- States and that their work is nearing ways, but one of the ways in which it thorities they can use to gather intel- the finish line. was historic in not a positive way was ligence to investigate this threat to na- This morning, the House Democrats the fact that both Presidential can- tional security of the United States, unveiled articles of impeachment, and didates were under active FBI inves- but it is a very laborious and detailed it looks like the Judiciary Committee tigations leading up to the election— process. is headed for a vote later this week. I Hillary Clinton, for her use of a private They have to apply to the court, and assume that means it will come to the email server. the court relies on the representations floor of the House next week before We saw the press conference held by made in that application. That is why they leave. Director Comey on July 5, I believe it you have heard so much discussion in On top of that, this morning, Speaker was, only to reopen the investigation recent months and even years about PELOSI announced that House Demo- publicly days before the election. You the foreign intelligence surveillance crats and the Trump administration can imagine how Secretary Clinton felt application issued on some of the peo- had reached an agreement on the about Director Comey’s actions and ple affiliated with the Trump cam- USMCA—the United States-Mexico- what potential influence it had on the paign, including a man named Carter Canada trade agreement—which would outcome of the election, but now, de- Page. These documents are submitted be the successor to NAFTA. pending on which TV channel you to a Federal court to determine wheth- In my State, NAFTA is not a dirty watch or what sort of social media feed er the government should have access word, and indeed, I believe, by the that you subscribe to, there are vastly to what would otherwise be private Chamber of Commerce figures, which different narratives about what this in- communications. indicate that NAFTA and trades be- spector general report that spans 400- In this instance, the question was: tween Mexico, United States, and Can- plus pages does or does not prove. But Was there any indication Mr. Page was

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I want to problems under the agency’s previous a fundamental matter, that spying on remind my colleagues that, when At- leadership and his commitment to pre- an American citizen is no small thing, torney General Barr testified before venting similar errors and alterations. but that is what we are talking about the Judiciary Committee earlier this That brings me to another concern. here. There are strong and exhaustive year, I asked him if he could state with This has to do with something called processes in place to prevent the gov- confidence that the Steele dossier was the defensive briefings. This is some- ernment from abusing the powers pro- not a part of a Russian disinformation thing that Loretta Lynch, the former vided under the Foreign Intelligence campaign, and the Attorney General Attorney General, said was routine in Surveillance Act, and that supports said, no, he could not make that state- counterintelligence matters. Let me where the Foreign Intelligence Surveil- ment with confidence. explain for a minute. lance Court comes into play. He told the committee that this is The FBI provides many different This court, like most courts, relies one of the areas he was reviewing as functions. We are most familiar with on the honesty and the accuracy and part of his investigation, but he said, its law enforcement investigation func- the completeness of the information ‘‘I don’t think it’s entirely specula- tion. They investigate potential crimes provided to do its job properly, but we tive.’’ and present that to the Department of know in the case of the Carter Page ap- The inspector general touched on Justice, which then decides whether to plication, there were a multitude of er- this in his report but noted that an in- charge a person with a crime. That is rors. In fact, the inspector general has vestigation of this dossier falls outside one of the most important roles the identified 17 errors in the four different the scope of the inspector general’s FBI plays. But it also plays a very im- applications for a warrant under the oversight role. His job is primarily to portant role when it comes to counter- Foreign Intelligence Surveillance Act. do oversight of the FBI and the Depart- intelligence; that is, countering the One of them jumps out at me because ment of Justice and not to investigate malign activities of foreign nations it involves a lawyer in the general these outside matters. But we need to like Russia and China and the threats counsel’s office at the FBI altering a know with confidence whether this they pose to our national security. government record and intentionally Steele dossier was part of a Russian What Loretta Lynch told us is that deceiving the FISA court about Carter disinformation campaign. We are all these defensive briefings are fairly Page’s involvement with the intel- profoundly concerned about foreign standard. It is an opportunity for the ligence community—in this case an- countries becoming involved in our FBI to advise the target of these other member of the intelligence com- elections, and there was no more intru- threats by a foreign influence so that munity, a Federal agency. But this sive means of getting involved in the they can take steps to protect them- lawyer with the FBI Office of General 2016 election than the generation of selves. We know that both candidates, this dossier. We need to know its provi- Counsel intentionally altered that Hillary Clinton and Donald Trump, re- dence. We need to know whether this ceived something called the defensive record so that, in the application for was planted by our adversaries in order briefings in August of 2015. the FISA warrant, the FBI would lit- to create distension and discord, which The defensive briefing for the Trump erally be relying and deceiving the has been obviously the result of this in- campaign lasted 13 minutes, according FISA court about the facts. That is a vestigation for the last 3 years. So I to this report. It was a check-the-box, grave and serious and profound prob- hope Attorney General Barr or U.S. At- perfunctory defensive briefing. I am lem. torney John Durham will be able to confident the FBI did not come in to We know there are a number of other provide clarity on this topic. tell President Trump, then-Candidate errors. That is hardly an error. That is This is especially important consid- Trump: The Russians are checking the an intentional act for which I under- ering we learned from this 400-page- doors and the windows, and they are stand the gentleman who made that plus report that the dossier played a trying to break into your campaign. doctored email has now been referred central and essential role in the FISA You need to tell these people who are for a criminal investigation and per- process. As time went on, a new and affiliated with your campaign to keep haps prosecution for intentionally vio- even exculpatory or innocent informa- their eyes open and to knock off their lating the FBI’s policy and providing a tion was discovered. We know that the association with these likely Russian deceptive piece of information to the information provided by the FBI in intelligence officers. FISA court. these renewal applications for this At the time, the FBI believed the Willingly, I know Mr. Horowitz is FISA warrant were not correct. Russians were infiltrating the Trump going to be asked about political bias, Well, the inspector general failed to campaign. The FBI should have told and he says there is no documentary or resolve whether the FISA was improp- them, but they didn’t. So this is dif- testamentary indication of political erly issued, but the report suggested ferent from a criminal investigation, bias, but I think what this report dem- the FISA board is considering this as I said. onstrates is something a lot more seri- question, as well it should. I have never The FBI was presented with a couple ous than political bias. It demonstrates sat on a FISA court, but I have spent 13 of options when it came to advising the an abuse of power that ought to con- years as a State court judge. When you Trump campaign. One was to provide cern every American citizen because, if lie to a judge, that judge takes it seri- as much information as possible so these rogue agents at the FBI—pri- ously, and they have contempt powers that they could have given a real, con- marily the leadership of the FBI—can and other recourse when that happens. structive briefing about known threats do this to a Presidential candidate, So it is essential that the FISA court and sufficient information to help the Donald Trump, or the President of the weigh in. Trump campaign mitigate the threat. United States, they can do it to any Let me say once again, no American But that is not what the FBI did. one of us. What sort of power would we should be subjected to this kind of Option two was to provide a generic have if the might of the Federal Gov- abuse of power by their own govern- briefing—no specifics, no names, no ernment was concentrated in a raid ment. That is why we need to restore real details, just a generic warning against us in this sort of investigation? the public confidence in the FBI. I be- that foreign governments are actively That is why we must take these sorts lieve Director Chris Wray has begun working to interfere with the election of failures and intentional deceptions that process and make sure that these and maybe a little lecture about cyber very, very seriously. types of egregious errors and inten- hygiene and why you should change Well, to make matters worse, we tional acts do not become the norm. your passwords, maybe get dual au- know this application relied on the Director Wray sent a letter to the thentication when it comes to access- deeply flawed Steele dossier. Well, the Department of Justice’s Office of In- ing websites and email, and not to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.041 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6939 click on those phishing emails that we I am sure folks can’t really see the tightrope. Every month they are bal- all get from time to time that could specific numbers here, but this trend ancing their food against their fuel unload a Trojan horse or some other line is what is important, taking fig- bill, their fuel bill against their malware onto your computer. But that ures from the Census Department—peo- healthcare. One injury, one illness, is not what FBI did here either. ple who are not political; they are not could be financially devastating for Somehow, the FBI managed to come Democrats or Republicans. What this these kids and their families, and it up with a third option, as documented chart, based on census data shows, is can be a major setback for kids for in this report. They used this briefing that, for year after year after year, we years, if not for the rest of their lives. not as a way to alert the Trump cam- saw the number of uninsured kids in How is a sick kid supposed to succeed paign of potential threats from Russian America go down. That is something I in school and get ahead if they are un- intelligence services; they used it as an think was important for our country. able to see a doctor when they have se- opportunity to conduct an investiga- It said a lot about our values, and it rious illnesses? tion against General Flynn, who certainly said a lot about our I have mentioned that I know the worked on President Trump’s cam- healthcare system. two sides—this side of the aisle and paign. They were even so bold as to in- Sure, we are going to spend more that side of the aisle—can work to- sert one of those investigatory than $3.5 trillion on healthcare. If you gether to find common ground on chil- agents—part of the Crossfire Hurricane were to divide that up into 320 million dren’s healthcare. investigative team—into that briefing Americans, you can send every family At the end of his service, Chairman with President Trump and his cam- of four a check for $40,000. So we are Hatch—who, as my colleague the dis- paign. spending enough on healthcare, but we tinguished Presiding Officer knows, Knowing that the FBI did that in this are not spending it in the right places. cared greatly about kids; he was very case, I can’t imagine many campaigns In particular, I wanted to come to involved with the late Senator Ted that would want a defensive briefing the floor—and I am glad to see my Kennedy and others in coming up with because you, frankly, couldn’t trust friend, the Presiding Officer, who has the children’s health plan—said: We the intentions of these officials. Would worked with me on a variety of want to set a record. We want to get a you believe that they were there to healthcare issues; we have some areas 10-year extension of the Children’s share intelligence and help you protect we are going to be talking about in the Health Insurance Program. American national security or conduct days ahead. To me, one of the areas of We managed to do it. But if you cut an investigation, unbeknownst to you? healthcare, until recently, we could all the services for people to find out how When we talk about the need to se- take pride in was this chart, which no- to get enrolled, stay enrolled, and if cure our elections from foreign inter- body could really see, but it showed there are changes in programs, those ference, you can’t, in the process, de- this trend line in which the number of changes in policy, which took place stroy public confidence in all of our in- uninsured kids was going down. when the Trump administration came Unfortunately, in the Trump admin- stitutions, including the FBI. to Washington, rippled through very I want to be clear. I am glad Director istration, that trend line of years and quickly to communities across the Wray addressed these defensive brief- years and years of more kids getting country where vulnerable Americans healthcare coverage has been reversed, ings yesterday, among other matters. I depend on getting good quality and now more kids are uninsured. have confidence in Director Wray, and healthcare. I just think it is uncon- How did the Trump people do it? scionable. I think a new leadership in the FBI They are not going to stand up in front since all of this terrible period oc- As I mentioned earlier in my re- of a government agency and say: Oh, marks, for a country with the re- curred has been encouraging. we just don’t like kids. But what they Director Wray has clarified what his sources America has, you wouldn’t step did is hurt those kids and their parents predecessors clearly missed, saying: in if you saw this trend of progress— by keeping them in the dark for years fewer uninsured kids—suddenly be re- ‘‘The FBI’s role in these briefings while there were efforts, bipartisan versed. And it really happened very should be for national security pur- ones—my friend, who joined the Fi- quickly. When the Trump administra- poses and not for investigative pur- nance Committee recently, knows that tion took over, you would say: Hey, poses.’’ our previous chairman, Senator Hatch, This report has left me with a num- let’s get Democrats and Republicans worked with me for a record-setting ex- together, pull out all the stops to fix it, ber of questions and a lot of concerns, tension for the Children’s Health Insur- and get the trend line going in the and I am glad we will have the oppor- ance Program. The efforts to expand tunity to ask Inspector General Horo- coverage for kids were all bipartisan— right direction again with more kids witz more about this report tomorrow always—going back, really, for decades getting healthcare coverage. We would in the Judiciary Committee. now, particularly on the Finance Com- have had to take on the Trump admin- It is important that we get to the mittee. istration here in the Congress. We bottom of concerted efforts to deceive I think of the late Senator John would have had to take on all of those the Foreign Intelligence Surveillance Chafee and the late Senator John programs in which the Trump adminis- Court and the use of salacious and Heinz—people whom I admire so tration made it harder for kids to get unverified materials in order to justify much—and they always wanted to find enrolled and to stay enrolled, but it the issuance of these very sensitive common ground, Democrats and Re- would have been the right thing. It FISA warrants. publicans, working for children. But would have been the right thing for I believe some of the actions the in- now the Trump administration, in the Democrats and Republicans in the Con- spector general has identified under- dark, has come up with proposals that gress to step in and take on the Trump mine public confidence in our public have made it harder for parents to sign administration and say: Look, we un- safety and national security measures, up their kids, harder for them to stay derstand there can be debates and dif- and that is something we should all be enrolled, and harder for these fami- ferences of opinion, but you don’t score willing to fight for. lies—parents with young kids—to even points by attacking the services for I yield the floor. know about their rights, their rights to children available under the Affordable The PRESIDING OFFICER. The Sen- healthcare. Care Act. ator from Oregon. So now, as a result of the Trump ad- I am going to keep working to re- HEALTHCARE ministration’s reversing this trend of verse this crisis. My colleagues have Mr. WYDEN. Mr. President, when the years and years of expanded coverage been coming from this side of the aisle Trump administration comes to an for kids, we have hundreds of thou- all through the day to talk about this end, it is going to leave behind a host sands of parents clinging to the hope scourge: the reversal of the trend in of sad and, I would consider, shameful that their kids don’t get hurt on the this country with respect to healthcare legacies, and right near the top of the playground, catch flu in the classroom, coverage. We used to be expanding it list will be the shocking number of or worse. for kids. Now it is going the other way. children who have lost healthcare cov- We know that this falls hardest on The amount of coverage is being re- erage under this administration. the families walking an economic duced.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.043 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6940 CONGRESSIONAL RECORD — SENATE December 10, 2019 I just want to say, as the ranking My hope is that their debates around Nashville artists and songwriters are Democrat on the Senate Finance Com- the kitchen table are sometimes less being paid fairly for the work they are mittee, which has jurisdiction over heated than ours, and certainly I hope creating. We are pleased that these are many of the healthcare programs that that their Thanksgiving table debates all things we have worked hard on, and are most important for kids and fami- were less heated than some of these we see these as priorities. lies on an economic tightrope, I and I that you see taking place here. When it comes to a legislative agen- know my colleagues on the Finance Tennesseans, like a lot of Americans, da that has taken much of my time, I Committee—several of whom have spo- when they end up talking about what started this term in the Senate work- ken over the last few days on this sub- we are or are not doing here in Con- ing on some things that protect the un- ject—would be glad to work with any gress, they revert back to first prin- born, much as I had done in my service Republican in this Senate who wants ciples. I cannot tell you the number of in the House. The first bill I introduced to turn this around. If any Republican times over this past holiday that I over here was the Title X Abortion is listening to this and wants to come heard people say: Look, for me, it is all Provider Prohibition Act, and this is to the floor and say: I am interested. I about freedom. It is all about defending something Tennesseans wanted to see am interested in turning around this the freedoms that we have—protecting done to make certain that tax dollars ominous trend. I am interested in turn- that life, liberty, and pursuit of happi- would not be used to fund or support ing around this trend where healthcare ness. abortion providers, and it would not go coverage for kids is going down, and I They are looking at that. It is fair to to those clinics. want to work with Democrats to do it, say they think in the long term. While What Tennesseans wanted to see was I will commit, as the ranking Demo- many times I think the media here in those tax dollars being put to work in crat on the Finance Committee, to say: DC just follows that shiny object story rural healthcare and enable access to Thank goodness. We have to get on of the day, whatever is generating healthcare for women and for individ- this. This is too important to our coun- clicks and likes and headlines, that is uals who did not have access to basic try and to our future to just sit idly by where they are, but Tennesseans are healthcare needs. Our State has been and say we are going to reduce the not focused that way. What they would hit hard by rural hospital closures, and number of kids who are getting like to see is for our actions here in thousands of Tennesseans are now healthcare coverage because we are not Washington to be taken in a way that forced to drive miles out of their way going to give parents the opportunity are going to keep them and their to seek basic care. I will tell you, this to find out how to get enrolled and neighborhoods and their friends safe is concerning, especially for the people stay enrolled and know what their and secure and healthy and free and living in the most remote areas of the rights are. keep them out of the reach of govern- State for whom there is no such thing A country as strong and good and ment overreach, if you will. as a quick ride or a quick ambulance rich as ours ought to be looking for As someone said to me last weekend, trip to the hospital. It is miles of trav- every possible opportunity to help kids ‘‘I just want the Federal Government el sometimes, when those minutes are get ahead in life. That, in my view, off my back and out of my pocketbook. very precious and they feel that time is starts with access to healthcare. Right I want to be able to keep working and passing quickly and it is critical to get up at the top of the list, it starts, in keep growing my business.’’ A lot of to that care. my view, by saying that this trend people are there. As part of my work this year, I have line, which after years and years of Now, we have seen movement this worked on and developed a rural health showing more kids were getting cov- week. A very good thing that has hap- agenda, which has earned bipartisan ered, is now going the other way, and pened is the National Defense Author- support here. I thank Senator DURBIN fewer kids are getting covered. We are ization Act. I know that Madam Presi- for his work with me on this. I will tell going to say, as a body in the U.S. Sen- dent has worked tirelessly on this, as you, this is legislation that, yes, it has ate: We are going to change that, and have I, for all of our military commu- bipartisan support here, but it has a lot in a country that is as strong and good nity members in Tennessee. We have of support scattered around the coun- and rich as ours, those vulnerable fami- been very pleased that we are going to try. lies are going to be able to get see Fort Campbell and the divisions What this will do is support the es- healthcare again. that call Fort Campbell home getting tablishment and expansion of medical I suggest the absence of a quorum. the funds and the equipment they need facilities in rural areas. It will help The PRESIDING OFFICER (Ms. in order to protect themselves and to doctors and other medical practi- MCSALLY). The clerk will call the roll. do their jobs—whether it is Chinooks tioners set up shop outside of the more The senior assistant bill clerk pro- or more training capacity or equip- convenient and lucrative urban bub- ceeded to call the roll. ment and also an emphasis on making bles. It also will enable telemedicine so Mrs. BLACKBURN. Madam Presi- certain that we are keeping their that you are taking healthcare out to dent, I ask unanimous consent that the homes safe so those families are safe in these areas that have a difficult time order for the quorum call be rescinded. that military on-post housing, that getting in. The PRESIDING OFFICER. Without privatized housing, while their loved Speaking of the urban bubble, a lack objection, it is so ordered. ones are deployed. of access to healthcare isn’t the only LEGISLATIVE WORK While we are looking at other compo- thing that is causing headaches right Mrs. BLACKBURN. Madam Presi- nents of the NDAA, Tennesseans have now in rural America. Here, in Wash- dent, it has been so interesting today been very concerned and are very ington, we don’t have to worry about to hear my colleagues talk about the pleased, I will say, about what has having a reliable phone signal or an things we have done this year, the transpired with Oak Ridge National internet connection. We are really for- things we have to get done before the Labs and Y–12. Oak Ridge is a treasure tunate in that regard. We know when end of the year that haven’t been ad- for our Nation, and much of the re- we click on, it is just going to work, dressed yet, and then things that need search in supercomputing and but outside of America’s metropolitan to be addressed this next year in 2020. hypersonics is being done there. areas, communities that lack these re- I will tell you, 2019, for me, I look at Also, in the Senate this year, we are sources are falling behind. My Internet it as, I would say, successes and stalls paying attention to the implementa- Exchange Act will ensure that rural and then some forward motion on some tion of legislation very important to areas are able to build and maintain really important pieces of legislation. our songwriters. I know you have heard the infrastructure needed to support To get there, we really have had some me say, time and again, that Middle high-speed internet connections, which fairly intense debates, which have Tennessee, Nashville, is one of the will in turn support business growth prompted our constituents and those most creative communities on the face and e-commerce and encourage invest- back in Tennessee to have their own of the Earth and home to more song- ment from outside corporations look- discussions about what they think is or writers than anywhere else on the face ing to expand. is not happening here in Washington, of the Earth, and the Music Moderniza- You cannot have 21st century edu- DC. tion Act is going to make certain that cation, economic development,

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.045 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6941 healthcare, or law enforcement with- IMPEACHMENT 2017, Senator GRAHAM, Senator FEIN- out access to high-speed internet. Con- Madam President, House Democrats STEIN, and I were permitted to review tinuing to close that digital divide is a announced that they are moving to im- the four FISA applications in which priority, and I thank my colleagues for peach President Trump for—in their the FBI sought authority to surveil the good progress we have made this words—abuse of power. When all of this former Trump campaign staffer Carter year. started, Democrats said the President Page, as well as a number of classified Of course, that connectivity comes committed a quid pro quo, but that documents relating to Mr. Steele. with a price. Opening ourselves up to didn’t poll very well among the Amer- I also directed my staff to look in the online world means opening our- ican people. At that point, the House public places that others were ignor- selves up to the possibilities of cyber Democrats switched to an accusation ing. That led us to Mr. Steele’s court attacks. This is a problem we have to of bribery against the President. filings in London. What my staff found approach as a matter of national secu- Maybe that didn’t poll well either or was that Mr. Steele had admitted to rity, as well as on the corporate side maybe they discovered that history passing some of the contents of his dos- and in our homes. doesn’t support their definition. Fi- sier far and wide to media organiza- In addition to funding for military nally, they settled on abuse of power. tions. That raised a very important pay raises and upgraded equipment, It is kind of like a Goldilocks im- question about whether information this year’s NDAA, or the National De- peachment. The ‘‘quid pro quo’’ bowl Steele gathered was open to manipula- fense Authorization Act, includes sup- was too cold, and the bribery bowl was tion or just part of one big feedback port for the assessment and expansion too hot. But, apparently, abuse of loop. of our cyber warfighting capabilities. power tastes just right, while the We also learned that, according to As I said, that is only one very impor- American people are increasingly get- the FBI, Steele had told the FBI he had tant part of the equation. While I was ting a bad taste in their mouth about not spoken to the media about his find- serving in the House and before I came the Democrats’ partisan impeachment ings, and that was in direct contradic- to the Senate, I worked on legislation story. tion to what he said in court in Lon- that will get consumers all the infor- RUSSIA INVESTIGATION don. mation they need in order to make a Madam President, I want to com- After reviewing all of this informa- decision about how they want to share ment on the Horowitz report, out yes- tion, Senator GRAHAM and I wrote a their private information and to whom terday. On Monday of this week, the letter referring Mr. Steele to the FBI they want to give access to that infor- Justice Department inspector general for potential violation of 18 USC 1001. mation. released his report on the Justice De- That section of the code makes charges Once passed, my bipartisan BROWS- partment and the FBI investigation of lying to the FBI. At the heart of our ER Act will give consumers more con- into the debunked theory that the referral was an 8-page memorandum trol over how big tech uses their per- Trump campaign colluded with the that laid out much of what we had sonal data. You, the consumer, should Russian Government. I have pushed to learned from my investigative efforts be able to own your virtual you. You shine a light on the origins of the FBI at that point. should be able to protect your presence Russia investigation for more than 21⁄2 We now know from the IG report that online, just as you are able to protect years. You can see that it has been a the FBI top brass was aware of Mr. your being yourself in the physical long road. Steele’s statements to the British space. When information is embarrassing, court in spring 2017, but the FBI never In return, tech companies will be free the FBI has a way of fighting tooth and accessed those filings and never consid- to innovate and use that data to build nail to keep it all secret, to keep it ered telling the Foreign Intelligence their platforms, and that is what helps Surveillance Court that its assurances make them profitable—new innova- heavily classified. The FBI is hiding tions. They can do that as long as they behind vague procedural excuses about about Steele’s third party contacts respect your wishes on how you want protecting the integrity of ongoing in- were in fact wrong. As soon as the referral went out, I them to use your data. vestigations and all kinds of excuses As head of the Judiciary Committee’s not to come forth and not to let public began pushing the FBI to declassify as tech task force—and I do thank Sen- information come forward that might much of those referrals as possible. The ator FEINSTEIN for her leadership in embarrass them. FBI resisted my efforts every step of leading this group at the Judiciary In this case, they put up a wall. You the way because this is probably going Committee—I have had the privilege of have to keep swinging in order to crack to be very embarrassing to them. bringing both sides together on this de- that wall. I started looking into the My fight to make information in the bate and to the table to have produc- origins of the FBI’s corrupt Russia in- referral memo public was helped along tive discussions on how to responsibly vestigation way back in March of 2017. very directly by President Trump, who regulate big tech. I look forward to At that time, it became clear that the declassified a memo prepared by the continuing that in the New Year. FBI had used Christopher Steele’s work House Intelligence Committee that As we draw to a close, I remind my to investigate then-Candidate Donald touched a number of the same topics. colleagues that in Tennessee people re- Trump. This was all done even though In February 2018, Senator GRAHAM mind me regularly that we are a gov- the FBI knew that Steele was working and I also wrote Inspector General ernment of the people, by the people, for an organization called Fusion GPS. Horowitz to call his attention to every- and for the people. As we talk about Fusion GPS is an opposition research thing we had learned and request that things that have been done this year firm paid for by the Democratic Na- he conduct a comprehensive review of and things that we need to do before tional Committee and the Clinton cam- improper political influence, mis- the end of the year—things like getting paign. The FBI knew that. conduct, and mismanagement of the VAWA passed—we need to remember When the FBI didn’t answer my ques- FBI’s Russia investigation. that for all of the shiny-object stories tions, I used my authority as chairman My efforts have been based on my in- that circulate around here every single of the Senate Judiciary Committee to vestigative activity and also the over- day, the people back home are saying: hold up the nomination of Deputy At- riding need for more transparency from Your responsibility is to care for the torney General Rosenstein. That got the American Government because issues that are important to me. That the Judiciary Committee a briefing transparency brings accountability. is where they would like to see us from the FBI. It consisted of a lot of After the release of the Russia re- spending our time. veiled half answers and assertions that port, there had better be account- I yield the floor. somehow Christopher Steele was reli- ability. The inspector general’s find- The PRESIDING OFFICER. The Sen- able. We all know that he wasn’t reli- ings ought to concern every single ator from Iowa. able. I will give details on that shortly. Member of this Chamber because it Mr. GRASSLEY. Madam President, I In June of 2017, I asked the FBI to concerns the American people. We the have one very short remark that I want produce all the FISA applications re- people have a profound, deep, and abid- to make and then longer remarks to lated to its Russia investigation. After ing respect for fundamental constitu- my colleagues. 6 months of wrangling, in December tional rights. These fundamental rights

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.046 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6942 CONGRESSIONAL RECORD — SENATE December 10, 2019 have not been granted or created by until they got the dossier, and then role’’ in the FBI’s investigation, yet it the government. Our rights are God- they kept renewing the warrant despite was filled with inaccurate and very given. Our rights are inalienable, and very clear evidence that the dossier false statements. It is important to re- our rights are self-evident. The inspec- was faulty. member that the FBI knew all of this. tor general’s report shows that despite It looks to me as though the FBI They knew about those faults all the all the checks we put in place to ensure couldn’t get their way, so they used time, and they did nothing to apprise the government will not infringe on whatever information they could, the FISA Court, and they had a respon- those rights without proper cause, it is whether it was false or not, all to ac- sibility to do that. In fact, as it turns still possible for bad actors to lie, for complish their goal. Their goal was out, the FBI actively altered docu- bad actors to withhold information, pursuing an inquiry into the Trump ments to make a better case for them- and for bad actors to doctor documents campaign. selves. in order to get around those safeguards We all know about one of Strzok’s in- The FBI altered documents. One FBI to achieve their own goals. famous text exchanges. Page said this official altered an email from another The inspector general’s report has fi- in the text: ‘‘[Trump’s] not ever going government agency to say that Page nally let some light shine on the to become President, right? Right?!’’ ‘‘was not a source’’ for that agency, wrongdoing that occurred with the Strzok said: ‘‘No. No he’s not. We’ll when, in fact, Page was with that agen- Justice Department and the FBI during stop it.’’ cy. this infamous Russia investigation. These are people involved with the The FBI relied on the false state- Let’s start then with that Steele dos- FBI with a very anti-Trump agenda. ments to renew the FISA warrant. So we go back. The FBI had a plan, sier. The Steele dossier played a very That means that the FBI used Page’s and they would do anything. The FBI work, apparently, for the American ‘‘central’’ and ‘‘essential’’ role in the would do anything to keep that plan Government as evidence that he was a Russia investigation, according to the going. The information loop was con- Russian agent. The FBI couldn’t get inspector general’s report. Those taminated from the start, and nobody their way unless they literally falsified words, ‘‘central’’ and ‘‘essential,’’ come at the FBI seemed to give a rip about documents to the court to spy on an from the report. it. They just wanted to continue the American citizen working for the Before the FBI got it, they tried to investigation into Trump. A part of Trump campaign. That ought to shock open a FISA on Carter Page, and there that investigation included using de- everybody in this country. The con- wasn’t enough evidence, but once the fensive briefings for the Trump cam- science of every citizen ought to be dossier was acquired, that was the tip- paign—Can you believe this?—as a bothered that the FBI can do that. If it ping point for the FBI to tell the FISA means to collect information relative can happen to Carter Page, it can hap- Court that it had probable cause that to the Russia investigation and the pen to any one of us. an American citizen was an agent of a General Flynn investigation. Would The inspector general report also spe- foreign government. you believe that the FBI decided not to cifically identified 17 errors and omis- We now know that this central and defensively brief the Trump campaign sions during the Carter Page FISA essential document was not even a fin- on alleged Russian attempts to inter- process and additional errors in the ished product. The dossier was based on fere with the election—information Woods procedures. Wrong and incom- single-source reporting, and Steele that served as a predicate to opening plete information was passed through wasn’t even the original source. He had this inquiry? But the FBI did decide to the chain of command for those ap- a primary subsource who used multiple use the briefings as an intelligence- proving the FISA warrants. After the sources who, we now know, didn’t even gathering operation. inspector general interviewed within have direct access to the people they Why wouldn’t the FBI simply give the FBI chain of command, the inspec- were reporting on. Some of these the Trump campaign a heads-up on any tor general had this to say: sources were Russian Government offi- and all threats? They were looking out In most instances, the agents and super- cials. We are talking about many, for his safety. Why would they hide the visors told us that they either did not know many levels of hearsay. ball? We know that they did so for or recall why the information was not shared Well, the FBI got around to inter- with the [Office of Intelligence], that the prior Presidential campaigns, so if they failure to do so may have been an oversight, viewing that primary subsource but did it for every Presidential campaign, only after the FBI opened a FISA war- that they did not recognize at the time the why wouldn’t they do it for Trump? relevance of the information to the FISA ap- rant on Carter Page. Think about that, Again, the FBI had a plan, and they plication, or that they did not believe the will you? The FBI used one of the most would do anything to keep that plan missing information to be significant. powerful and invasive investigative going. Regarding that last point, that they tools without first verifying the infor- Another disturbing finding in the re- did not believe the missing information mation it provided the court. The pri- port is that the FBI recorded Page and to be significant, the inspector general mary subsource raised the following Papadopoulos before the FISA warrant noted that ‘‘we believe that case agents issues: One, Steele had reliability was issued. But it is unclear who the may have improperly substituted their issues; two, the primary subsource had FBI used to record them. Did they own judgments in place of the judg- not seen the dossier until it was made work for another government? Was it a ment of [the Office of Intelligence] . . . public; three, Steele misstated and ex- spy? or in place of the court to weigh the aggerated claims; four, the primary Both of these recordings offered ex- probative value of the information.’’ subsource didn’t think his or her mate- culpatory evidence that was withheld That is a very extraordinary finding. rial would be in the report; five, much from the FISA Court. The FISA Court We all know about the politically of the information in the dossier was should have known this information, charged anti-Trump texts that were ex- based on rumors, including conversa- but it didn’t. Included were denials changed among FBI officials who didn’t tions over beers, we are told, or some that anyone associated with the Trump want Trump elected, and they probably of those conversations were made in campaign was collaborating with Rus- hate him to this very day, including an jest; and lastly, six, none of this mate- sia or with outside groups like FBI lawyer who altered documents—an rial in the dossier had been corrobo- WikiLeaks in the release of emails and, FBI agent did this—to support the rated. No. 2, that Page had never met or said FISA application. Clearly, that bias af- After the FBI acquired this informa- one word to Paul Manafort and that fected the decision-making process. In- tion, subsequent FISA renewals contin- Manafort never responded to Page’s deed, the inspector general noted that ued to rely on this same document that emails. To that second point, the dos- in light of the substantial and funda- had lost all credibility, and everybody sier said that Page participated in a mental errors in the FISA process, knew it. They had relied on the Steele conspiracy with Russia to act as an there are ‘‘significant questions regard- information with no revision or notice intermediary for Manafort on behalf of ing the FBI’s chain of command man- to the court that the primary sub- the Trump campaign. None of that in- agement and supervision of the FISA source contradicted Steele. Simply formation is accurate. process.’’ said, that is a fraud on the court. So The Steele dossier served as a—again, Really, it is quite obvious that some- the FBI couldn’t get a FISA warrant these words—‘‘central and essential thing was terribly wrong. For example,

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.048 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6943 Stu Evans, the DOJ National Security We have found out now, during this tration’s fabricated investigation into Division official with oversight of the Russia investigation, that those in the Trump. FISA process, did not even know that FBI—in this decade—did not do that I yield the floor. Bruce Ohr, another DOJ official, had due diligence. We give this with the ex- I suggest the absence of a quorum. been in communication with the FBI pectation that they will provide the The PRESIDING OFFICER. The about the Russia investigation. He court full and accurate information, clerk will call the roll. didn’t know that Ohr had been inter- which they didn’t provide to the FISA The senior assistant legislative clerk viewed by the FBI until he saw the court in regard to the Russia investiga- proceeded to call the roll. Grassley-Graham referral. tion; that they will follow the rule of Mr. MCCONNELL. Madam President, Ultimately, the inspector general law and their own internal guidelines; I ask unanimous consent that the order was not able to interview everyone in- and that they will respect the bound- for the quorum call be rescinded. volved in the chain of command to the aries Congress has set for them, in- The PRESIDING OFFICER. Without extent that the inspector general want- stead of reverting to the freewheeling objection, it is so ordered. ed to do that. For example, James and very heavy-handed tactics that f Comey and Jim Baker, the former FBI they embraced in the past. general counsel, did not request that Most of the hard-working men and LEGISLATIVE SESSION their clearances be reinstated for the women in our Department of Justice interviews. Quite obviously, they and in our FBI today understand and MORNING BUSINESS didn’t want to be interviewed. That truly respect these boundaries. How- means the inspector general was un- ever, it seems old habits really die very Mr. MCCONNELL. Madam President, able to ask them classified questions hard. Politics has crept back into the I ask unanimous consent that the Sen- related to their conduct. FBI’s work, at least at the highest lev- ate proceed to legislative session and Comey claims that he is transparent, els. The actions that were taken by be in a period of morning business, but he clearly wasn’t in this case. Obama and Comey’s FBI sound an with Senators permitted to speak Moreover, Glenn Simpson and Jona- awful lot like the ones taken under therein for up to 10 minutes. than Winer—the latter a former State The PRESIDING OFFICER. Without Department official—refused to sit for Hoover. Where do we go from here? We have objection, it is so ordered. any interviews at all. These individuals to learn from our past mistakes. I have f played key roles in the Russia inves- said it before, and I will say it again: tigation. It is a shame that they didn’t 150TH ANNIVERSARY OF THE Sunlight is the best disinfectant. want to speak up. So can’t we legiti- KENTUCKY NEW ERA Transparency brings accountability. It mately ask: What are they trying to helps us take reasoned steps to ensure Mr. MCCONNELL. Madam President, hide? From what I have seen, they are that the mistakes of the past will not it is with great pride that I pay tribute trying to hide an awful lot. to a long-standing community institu- With all that said, the FBI’s FISA-re- be repeated in the future. After what I believe was far too long tion in southwestern Kentucky. The lated behavior has been so bad that the Kentucky New Era newspaper recently inspector general has initiated a com- a wait, I am happy to have finally re- ceived this Horowitz report that we marked 150 years of quality journalism prehensive audit that will fully exam- and community engagement, and I ine the FBI’s compliance with the call the inspector general’s report. I thank IG Horowitz and his staff for all would like to take a moment today to Woods procedures. In the past, when review the paper’s distinguished his- there has been evidence of our govern- of their hard work. I am pleased to see that much of the inspector general’s tory and celebrate its many achieve- ment improperly infringing on the civil ments. liberties of American citizens, we as a report is publicly available. Once Prominent Kentucky newsman Chip nation have firmly rejected that course again, this is due in no small part to Hutcheson, whom I am proud to call a of action. We have taken those mo- President Trump’s unprecedented com- dear friend, spent years working for ments as real opportunities to mitment to transparency. the New Era, and he summed up the strengthen our resolve and to renew I appreciate the President’s willing- reason it has thrived for so long. Chip our commitment to the values that we ness to grant Attorney General Barr recalled a paper-wide culture of writing all share about our God-given liberties broad declassification authority, and I ‘‘columns that cemented readers’ rela- and freedoms. appreciate Attorney General Barr’s Under the leadership of J. Edgar Hoo- willingness to use that authority to tionships to the writer and the paper.’’ ver, from about 1920 to 1969, which was bring much of what happened out into I think it is that commitment to read- when he died, the FBI would wiretap, the open. It is an important first step ers and to what matters in their lives recruit secret informants, and fix the towards ensuring accountability. Of and community that has helped make paperwork in ways that trampled on course, there are still many, many un- the New Era the oldest business in the rights of ordinary Americans as a answered questions. Hopkinsville, KY. matter of practice. In those times of In going forward, I eagerly await Mr. Since the paper was launched as a the FBI, it was business as usual. Let’s Durham’s findings with respect to how weekly publication in the winter of hope it doesn’t become business as the intelligence community handled its 1869, the New Era has certainly under- usual now. That is why, during the part of the corrupted Russia investiga- gone some change to solidify its rela- 1970s, because of the abuse of J. Edgar tion. Mr. Durham is the U.S. attorney tionship with readers. To meet a de- Hoover, this Chamber undertook vig- in Connecticut, but he has been award- mand for local, State, and national orous oversight efforts, under the lead- ed by Mr. Barr the responsibility of news, the New Era added a daily issue, ership of the late Senator Frank getting to the bottom of all of these and delivered the news and com- Church, to shine a light on the excesses problems that I am talking about now mentary its subscribers wanted to and abuses of our intelligence bureauc- and a lot of other problems. Unlike read. Part of that frequent change dur- racy. Horowitz, Mr. Durham has authority to ing the early years came in the form of Based on what we learned from that prosecute, and he has already opened different owners, but in 1873, Hunter inquiry 40 years ago, Congress passed criminal investigations. Wood took charge, and his family FISA. This legislation establishes pro- In the sense of Mr. Durham’s work, I would steer the New Era as majority tections to ensure that government bu- view this most recent inspector gen- owners for the following 130-plus years. reaucrats can’t just spy on American eral’s report as just one part in a Under their direction, the paper cov- citizens willy-nilly, whenever they feel multi-part act. Durham’s public com- ered a wide range of issues affecting like it. In order to surveil an American ments make clear that he finds issue life in Christian County. From politics citizen, the FBI must acquire a lawful with whether the opening of the Russia to agriculture, mixed with lighter com- order and do it from a court of law. We investigation was properly predicated. munity-interest pieces and extensive give those in the FBI that power along His findings may prove critical to fi- coverage of high school sports, the New with an expectation that they will do nally and fully understanding what Era has served as a important source of their due diligence in using it. happened during the Obama adminis- information for its readers. Its staff

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.050 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6944 CONGRESSIONAL RECORD — SENATE December 10, 2019 would attract several award-winning Though it may seem like the John has encouraged bipartisanship journalists, including my friend Mary Cullerton family is just filled with and cooperation through all of it. D. Ferguson, who held a high standard politicians, John’s father and paternal For 41 years, John has served with a on its pages. grandfather were electricians. In fact, sense of justice, friendship, and even Adapting to changing markets, the most of his immediate family was not comedy. He regularly performed at an New Era expanded its operations. To political. John’s role model was his annual event at the legendary Second serve the nearby U.S. Army installa- maternal grandfather, Tom Tyrell, a City Chicago Theater. His imperson- tion, the paper’s media group began real-estate lawyer in Chicago. At 12 ation of then-Mayor Richard J. Daley publishing the Fort Campbell Courier. years old, John wanted to be a lawyer earned him the crown of Mr. Wonderful Other respected local papers, including because of him. His grandfather would from the Conference of Women Legisla- the Princeton Times Leader, the Provi- give legal lessons at the dinner table. tors in 1979. dence Journal Enterprise, and Dawson He would cut cherry pie and explain John retiring from the senate will Springs Progress, joined the New Era’s how corporations have shares. allow him to spend more time with his organization to further stretch the John went to Loyola University Chi- wife Pam and his kids Maggie, Garritt, reach of its community journalism. In cago and earned a bachelor’s degree in Carroll, John III, and Josephine, and whatever form subscribers want to re- political science. He stayed at Loyola his three grandchildren. I am privi- ceive their news—in print, online, or to study law. John also served in the leged to call him a friend and look for- even listening to a podcast—the New Illinois National Guard from 1970 to ward to all the new things he will take Era is committed to reporting on the 1976. In law school, John experienced on in the future. stories that must be told. firsthand how litigation can bring (At the request of Mr. SCHUMER, the Just last year, the paper joined an- change. As president of the Loyola Uni- following statement was ordered to be other well-respected Kentucky news in- versity Chicago Student Bar Associa- printed in the RECORD.) stitution, the Paxton Media Group. tion, he saw his fellow students draft a ∑ Ms. HARRIS. Madam President, I With this partnership, the Kentucky complaint against the school for not was absent but had I been present, I New Era has the ability to continue providing adequate facilities for the would have voted no on rollcall vote thriving into the future. Through the law school. The students hired a lawyer No. 383 the confirmation of Executive years, I have enjoyed reading the paper and actually negotiated a deal without Calendar No. 479, Richard Ernest Myers and speaking with its top-tier profes- filing a lawsuit. A few years after John II, of North Carolina, to be United sionals, and I look forward to many and his classmates graduated, a brand- States District Judge for the Eastern more accomplishments to come. new law school was built at the corner District of North Carolina. It is a privilege to congratulate the of Pearson and State in Chicago, which Madam President, I was absent but Kentucky New Era on its celebration of still stands today. had I been present, I would have voted 150 years of journalistic success, and I John’s first job was working as a Chi- no on rollcall vote No. 384, the con- hope my Senate colleagues will join me cago assistant public defender. For 5 firmation of Executive Calendar No. in saluting this community institution years, he was on the frontlines of law 489, Sherri A. Lydon, of South Caro- on its anniversary. I would like to ex- defending people. In 1976, John earned lina, to be United States District Judge tend my best wishes to the reporters, his first political experience by being for the District of South Carolina. editors, and staff who have made the elected to be a delegate to the Demo- Madam President, I was absent but New Era a vital resource in west Ken- cratic National Convention. Though had I been present I would have voted tucky. John’s immediate family was not very no on rollcall vote No. 386, the motion f political, his cousin Parky Cullerton to invoke cloture on Executive Cal- was Cook County tax assessor at the endar No. 533, Patrick J. Bumatay, of TRIBUTE TO JOHN CULLERTON time. Parky’s influence convinced him California, to be United States Circuit Mr. DURBIN. Madam President, this that he could run for the Illinois House Judge for the Ninth Circuit. January, it will be 12 years since Illi- of Representatives, and he won in 1978. f nois banned smoking in businesses. In In 1988, John joined Fagel Haber, THE OVER-THE-COUNTER MONO- 2008, the Smoke-Free Illinois Act went which later became Thompson Coburn GRAPH SAFETY, INNOVATION, into effect and changed the lives of Fagel Haber, where he still is a partner AND REFORM ACT people throughout the State. There has today. In 1990, John was appointed to been a 20-percent decrease in hos- fill then-State Senator Dawn Clark Mr. CASEY. Madam President, pitalizations for conditions aggravated Netsch’s seat. John won the seat on his today, the Senate passed S. 2740, the by secondhand smoke, like asthma, own right in 1992, representing the Chi- Over-the-Counter Monograph Safety, chronic obstructive pulmonary disease, cago Cubs’ neighborhood of Innovation, and Reform Act of 2019, and heart attacks. High school smok- Wrigleyville, but he remained a loyal which will completely overhaul and ing rates have fallen more than 53 per- White Sox fan. improve how the Food and Drug Ad- cent since then. This is real change. John thrived in the Senate. Between ministration—FDA—regulates over- My friend, Illinois Senate President 2003 and 2006, he sponsored more bills the-counter—OTC—or nonprescription, John Cullerton, led that fight to save and had more bills signed by the Gov- drugs. These medicines are used by lives. His storied career is one of work- ernor than any other legislator. John Americans every day, but our regu- ing for good government and the safety dedicated himself to things like traffic latory system has been stuck in the of people. In January, he will be retir- safety, gun control, reforming the 1970s and has not kept pace with inno- ing, and I want to take this time to criminal justice system, and tobacco vation or the need to ensure appro- honor him. regulation. John would work with any- priate consumer protections. Senator John grew up in the village of Win- one for a greater good. He always made JOHNNY ISAKSON and I have been work- field in DuPage County. His family has it a point of going out to dinner not ing on this legislation since 2016. deep roots in Illinois as one of the just with Democratic State senators This legislation creates a modern original settlers in Chicago in 1835. If but with Republican ones too. regulatory system for OTC drugs, pro- you are wandering Chicago, you might In 2008, the senate Democratic caucus viding the FDA with new resources to come across Cullerton Street, which chose John to be senate president. Im- be able to review changes to existing used to be 20th Street. It was named mediately, John prioritized an infra- OTC drugs and allow the marketing of after John’s great-grandfather’s broth- structure bill that had not passed in 10 new OTC drugs. FDA will have the au- er, Edward ‘‘Foxy’’ Cullerton. Edward, years at the time. John has steered the thority to take swift action to protect originally elected to Chicago city senate through many tough times. He the American public if a serious prob- council in 1871, served one of the long- can proudly say that, during his time, lem arises and to make changes to how est tenures as a Chicago alderman in Illinois passed two capital funding OTC drugs are allowed to be sold if the the city’s history. The Cullertons have bills, marriage equality, an abolish- science indicates that the steps are been a staple of Illinois politics ever ment of the death penalty, school fund- necessary to ensure that these prod- since. ing reform, and immigration reform. ucts are used safely.

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.025 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6945 The Over-the-Counter Monograph which I like to call FDAMA. One of the Last year alone, $133 million in drug Safety, Innovation, and Reform Act of foundational principles of that legisla- user fees went toward administrative 2019 establishes a streamlined adminis- tion was to bring more certainty, pre- expenses at the FDA, funds that may trative process which allows the FDA dictability, and accountability to an otherwise help to invest in new treat- to modify a drug’s safety labeling to agency that had lost its way, failing to ments or cures for Americans. This is address new health risks. The act is in- bring new drugs and medical devices to very simple math, the more user fee tended to modernize and accelerate market in the United States in a time- programs we provide to the FDA, the regulatory procedures applicable to ly manner. Twenty-two years later, I less the FDA is accountable and re- OTC drugs and will also allow for in- am starting to see the implementation sponsive to Congress. creased innovation. However, patient of major provisions of this law. Two Through FDAMA and more recently safety and manufacturer account- decades after its passage, the FDA is fi- in the 21st Century Cures Act and the ability are of equal importance. As nally putting key policies into practice 2017 FDA user fee bill, I worked to re- such, nothing in this act is intended to that Congress demanded. Two decades balance the focus of the FDA, to reaf- change, diminish, or prohibit a manu- is an unacceptable amount of time for firm its authorities to regulate the cut- facturer from performing any duty or Americans to wait. ting edge science facing the agency, complying with any requirement to One of the components of FDAMA and to better leverage and strategi- warn consumers that exists under was the reauthorization of certain user cally invest its existing resources. So I State or Federal law or to prevent any fee programs. Over these past two dec- cannot support legislation that de- labeling changes pursuant to any other ades, we have seen FDA’s user fee grades the progress we have made at applicable provision of the Federal agreements increase with each 5-year the FDA. Food, Drug, and Cosmetic Act or FDA cycle, bringing more resources into the f regulation. It is imperative that con- agency to review drug, biologic and de- REMEMBERING RACHELLE sumers have accurate information re- vice applications. BERGERON HAMMERLING garding the safety of over-the-counter When the drug industry first agreed drugs, and this bill is intended to im- to user fees in 1993, the fee to file a new Mr. RUBIO. Madam President, today, prove that process while maintaining drug application with the FDA was I honor the life and work of Rachelle the existing rights of consumers to ac- $100,000. Today, that fee is $2.1 million. Bergeron Hammerling, a human rights cess the courts and hold manufacturers To that end, FDA has struggled to up- lawyer who served as the acting Attor- accountable when harmed. hold its end of the deal, falling behind ney General of Yap in Micronesia when This legislation has bipartisan sup- in its commitment to hire the number she was murdered just a couple of port and also broad support from key of individuals the agency needs to ac- months ago. Rachelle was killed in stakeholders in public health, tually review the applications that front of her home on October 14, 2019, healthcare, and industry. I am deeply cost millions of dollars to file. The as a direct result of her courageous grateful for the work of my colleagues, FDA continues to increase the amount fight against human trafficking, do- notably Senator JOHNNY ISAKSON—the of user fee dollars it requires to review mestic violence, and sexual abuse. She bill’s sponsor; and the chairman and applications, eroding the balance of was just 33 years old, but her legacy ranking Member of the Committee on congressional oversight provided by will live on through her family and the Health, Education, Labor, and Pen- the appropriation of taxpayer dollars communities she made the ultimate sions, Senator LAMAR ALEXANDER and to the agency. sacrifice to serve. Senator PATTY MURRAY, and their I would caution my colleagues that Rachelle was born in Waukesha, WI, staffs for their continued support for we are currently experiencing the ef- to parents Thomas and Tammy this important effort. As a result of our fects of a center at the FDA that re- Bergeron in 1986. After growing up in work, American consumers will be able ceives 100 percent of its funds from user Wisconsin, Rachelle went on to obtain to have greater confidence in their fees, the Center for Tobacco Products. a juris doctorate from the University over-the-counter drugs and will benefit The CTP has had 10 years and received of Florida College of Law in 2010, an ex- from new innovation in the years to over $5 billion in user fee resources. It perience her family says she loved. come. has yet to finalize a single governing When Rachelle graduated from law Mrs. MURRAY. Mr. President, I regulation for the products Congress school, her passion to help others led thank Senator CASEY for his leadership tasked the CTP with regulating. Mean- her to volunteer with the International on this important issue and agree while, youth rates of vapor product use Justice Mission in India, where she rep- wholeheartedly with his statement on continue to increase and 2,000 Ameri- resented women and children who had S. 2740, the Over-the-Counter Mono- cans have fallen ill from the use of un- been trafficked. Rachelle spent her ca- graph Safety, Innovation, and Reform regulated products. I have spoken reer prosecuting criminals involved Act of 2019. many times on my concerns with the with sex trafficking and worked tire- Mr. BURR. Madam President, I want growth and development of FDA user lessly to protect the poor against vio- to take a few moments to explain why fee programs because they have not re- lence. Rachelle’s work took her around I am opposed to the OTC reform legis- sulted in the development of an FDA the United States, including New York lation offered by Senator ISAKSON. Sen- that keeps its promises. I promise my and Washington, DC. She was a mem- ator ISAKSON and I worked together on colleagues that the user fee program ber of the New York State Bar and cre- many pieces of FDA legislation, and I included in this bill will not be any dif- ated the ‘‘Not-So-Super’’ campaign have no doubt that he worked tire- ferent. video as an effort to raise awareness re- lessly to draft this bill in the best in- While the Senate has wrestled with garding human trafficking during the terest of patients. I will miss working solutions to high drug costs for the last 2014 Super Bowl. Her work took her to closely with my colleague from Geor- 18 months, we are voting to approve a Beijing, South Africa, India, and fi- gia to improve the lives of the millions bill that increases the development nally the Pacific island of Yap. of Americans touched by the U.S. Food costs for one of Americans’ cheapest Rachelle fought to give a voice to the and Drug Administration’s work each options for care. The over-the-counter voiceless and dedicated her life to em- day. user fee bill provides millions of dollars powering and uplifting others. About 4 I want to be clear that I agree re- in new industry funds to reform the years ago, Rachelle moved to Yap after forms are needed within the over-the- OTC system at FDA, and the agency is accepting a job as that community’s counter drug division at the FDA. I asking for tens of millions of dollars to assistant attorney general. Since Janu- simply disagree on the way in which deal with a backlog of OTC mono- ary 2019, she had been serving as the is- this legislation provides the resources graphs or recipes to create over the land’s only prosecutor and as the act- to achieve these reforms because I do counter medications. ing attorney general, where her duties not believe it will result in my col- User fee dollars are intended to go to- included being a part of a human traf- league’s desired outcome. Here is why. ward the review of applications, but I ficking task force. Rachelle was very I reformed the FDA in 1997 with the can assure my colleagues this is not active in the community she served passage of the FDA Modernization Act, the full story at the Agency today. and spent a lot of time in local schools

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.008 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6946 CONGRESSIONAL RECORD — SENATE December 10, 2019 and community centers to warn legislation, the highway trust fund, you are lost, someone will not only against the dangers of sex trafficking. and the operations of the Federal-aid give you directions but will offer to Rachelle also met her husband, highway program. Throughout her suc- drive you to your destination. I am so Simon Hammerling during her time in cessful and impressive career, she has deeply proud of the people of my home Yap. The two were married in 2018 and been a ‘‘go-to reference’’ on these top- State and the values that make us had planned to take in a young girl ics for both agency and departmental stand out from the rest of the Nation. they had found sleeping on their door- leaders and staff. It is in that same spirit that I proud- step. Rachelle passed just before the Among her many exemplary accom- ly recognize Andy Pradella as an hon- two were about to celebrate their 1- plishments, Carolyn has been in the de- orary West Virginian. No one fits this year wedding anniversary and shortly velopment and implementation of title better. He is one of the most gen- before she and her family were due to every Federal surface transportation erous, kindest, selfless people I have move back to the United States for a bill since the Transportation Equity had the privilege of calling my very new job in Wyoming. Her passing is a Act for the 21st Century—TEA–21—was dear friend. He has provided so much tremendous loss to her family, to the enacted in 1998. Additionally, she has happiness and wisdom to the lives of community she fought to serve, and to also been a recipient of several pres- those around him throughout the all who knew her. tigious honors and awards. Carolyn has years, and it is my wish that the mem- We remember Rachelle with grati- been recognized with a Secretary’s ory of this special day remains with tude for her life, and we honor her for Team Award, two Secretarial Awards him just as his guidance and influence her sacrifice. Scripture tells us that for Partnering for Excellence, and mul- will remain in all the lives he has the righteous will rest from their tiple FHWA Superior Achievement touched. Again, it is with the greatest labor, for their deeds will follow them. Awards, FHWA’s highest honor award. admiration that I send to him my best As she now rests from her tireless and Carolyn exemplifies the highest wishes on his special day. courageous work on behalf of the most standards of public service and em- Andy, please always remember that vulnerable among us, we know bodies FHWA’s spirit of profes- no matter where you are, you have a Rachelle’s deeds will follow her and sionalism and customer service. Over home here in ‘‘Almost Heaven.’’∑ continue to inspire others to pursue the years, the Senate Committee on f justice as fiercely as she did. Environment and Public Works, along f with other congressional committees, TRIBUTE TO MARY HULSMAN ALLGEIER TRIBUTE TO CAROLYN EDWARDS Members of Congress, and their staff have relied on Carolyn’s legislative and ∑ Mr. BARRASSO. Madam President, Mr. PAUL. Madam President, Mary highway policy expertise, quick turn- Hulsman Allgeier was selected as the together with Senator CARPER, I rise around technical assistance responses, #1 Citizen of Schnitzelburg, a historic today to recognize Carolyn Edwards for and wealth of information. Carolyn’s her distinguished career and signifi- neighborhood in Louisville, KY. Mary colleagues at USDOT and FHWA have has been a lifelong community advo- cant accomplishments at the Federal depended on her tireless efforts, her Highway Administration, FHWA. cate and volunteer. She has given to endless wealth of knowledge and will- and supported those in need as a leader After 46 years of exceptional Federal ingness to share and transfer it. They service, Carolyn is retiring from FHWA in Holy Family Parish for many years. will miss her indomitable spirit and In addition, Mary is a role model for on January 3, 2020. She is a dedicated her purple sweaters, purple pens, and public servant recognized as an unpar- women in leadership and is instru- love for everything purple to brighten mental in ensuring members of her alleled national expert on Federal their days. Highway Programs and the highway community understand their civic Carolyn has helped shape highway rights and responsibilities. Mary has trust fund. Through her technical as- policy discussions and implement new sistance to Congress and her policy ad- served her community faithfully from programs. Her contributions will con- education to civic engagement and is vice to departmental and agency offi- tinue to make a difference on USDOT, cials, Carolyn has provided an invalu- an example for us to follow. I am proud FHWA, and the surface transportation to join the people of Schnitzelburg in able contribution to the programs that community. Her retirement from the support our Nation’s roads and bridges. honoring Mary Allegeier as their #1 Federal Government is a celebration of Citizen.∑ She has helped to shape not only these her dedication to the American people. critical highway programs, but also, as It is a great honor to recognize this f colleague and mentor, she has shaped exceptional public servant. Senator and guided a generation of highway TRIBUTE TO COLONEL FRED CARPER joins me in extending our ap- JOHNSON policy experts. Her work will have a preciation and well wishes to Carolyn ∑ lasting legacy for many years to come. on her retirement. Mr. PAUL. Madam President, Col. Carolyn’s entire 46-year Federal ca- Fred Johnson, U.S. Army, Retired, was reer has been with the U.S. Depart- f honored as Kentucky’s 2019 Veteran of ment of Transportation, USDOT—44 of ADDITONAL STATEMENTS the Year. Since his retirement from these with FHWA. To put Carolyn’s re- the U.S. Army in 2014, Fred Johnson markable public service longevity in has immersed himself in community perspective, FHWA was formed in 1966, TRIBUTE TO ANDY PRADELLA service in Louisville in both existing only 7 years prior to her arrival. She ∑ Mr. MANCHIN. Madam President, programs, such as YouthBuild and Re- joined FHWA in 1973 as an economist. Gayle and I would like to extend our storative Justice Louisville, and Over the ensuing four and a half dec- warmest congratulations and very best through developing new, innovative ades, she has served in a range of high- wishes to our very dear friend Andy ways to use the arts and storytelling to level analytical and leadership posi- Pradella on his 70th birthday. What I help connect veterans with the broader tions, including positions in FHWA’s have always admired about Andy is his community. His Veteran’s Writing Office of Highway Policy Information unparalleled work ethic and deter- Workshop series and the innovative and Office of Legislative Affairs and mination to learn and serve, and to in- Shakespeare with Veterans group that Policy Communications. She also spire those around him. I can’t tell him he cofounded in 2016 are helping vet- worked in the Office of the Secretary’s how much his and Joanie’s friendship erans communicate their stories in cre- Office of the Assistant Secretary for has meant to me and Gayle throughout ative and timeless ways. Colonel John- Budget and Programs with a portfolio the years. They are like family to us. son remains committed to our country that covered FHWA programs. Together, they are both a match made as is evident by his decision to teach Carolyn is currently a member of in ‘‘Almost Heaven.’’ sixth grade Social studies class at FHWA’s Legislative Analysis Team, While Andy wasn’t born in West Vir- Thomas Jefferson Middle School. I am where she serves as the authoritative ginia, he certainly is a West Virginian proud to recognize Col. Fred Johnson expert on a wide range of highway-re- in his heart and soul. In West Virginia, as a remarkable symbol of the rich vet- lated topics, including Federal highway if you are hungry, you will be fed. If eran heritage of Kentucky.∑

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.010 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6947 TRIBUTE TO KAREN WEAVER Their dedication to the Florida com- continued United States leadership in engi- ∑ munity, their fantastic homemade neering biology. Mr. PAUL. Madam President, Karen H.R. 4402. An act to require the Secretary Weaver, a Kentucky native and a vet- dishes, and exemplary customer service has certainly not gone unnoticed. For 9 of Homeland Security to conduct an inland eran of the U.S. Air Force, has been waters threat analysis, and for other pur- recognized as the Kentucky Female years running, Granny Cantrell’s has poses. Veteran of the Year 2019. After serving been awarded Panama City News Her- H.R. 4566. An act to accelerate the income on Active Duty and in the Air Force ald’s Best of the Bay Award, high- tax benefits for charitable cash contribu- Reserve, Karen taught science at lighting its customers’ loyalty and in- tions for the relief of the families of victims tegral place in the local economy. Fur- of the mass shooting in Virginia Beach, Vir- Leestown Middle School in Lexington, ginia, on May 31, 2019. KY, where she began immersing herself thermore, Granny Cantrell’s has been awarded the Reader’s Choice Award by H.R. 4713. An act to amend the Homeland in volunteer work for veterans. She has Panama City Living for several years Security Act of 2002 to make certain im- worked with Military Missions, an or- provements in the Office for Civil Rights and in a row to commemorate their out- ganization that sent care packages to Civil Liberties of the Department of Home- standing food and customer service. land Security, and for other purposes. over 8,500 deployed U.S. men and Small businesses play an important women last year. One of her current H.R. 4727. An act to amend the Homeland role in supporting and uplifting their Security Act of 2002 to establish a mentor- passions is Lady Veterans Connect, a communities. Granny Cantrell’s is a prote´ge´ program, and for other purposes. nonprofit with a real heart for female prime example of the bonds that small H.R. 4739. An act to amend the Homeland veterans, particularly those who are businesses can create when such an in- Security Act of 2002 to protect U.S. Customs homeless. Karen Weaver has been an tegral role is bolstered. I am proud to and Border Protection officers, agents, other incredible role model to the children of personnel, and canines against potential syn- recognize this Florida business for its thetic opioid exposure, and for other pur- her classrooms and to the entire Com- reflection of America’s unique entre- monwealth. I am honored to recognize poses. preneurial spirit and its dedication to H.R. 4761. An act to ensure U.S. Customs Karen in her service to our country and ∑ the common good of its community. and Border Protection officers, agents, and our State. Congratulations to the entire Granny other personnel have adequate synthetic f Cantrell’s team. I look forward to opioid detection equipment, that the Depart- watching your continued success.∑ ment of Homeland Security has a process to RECOGNIZING GRANNY update synthetic opioid detection capability, CANTRELL’S RESTAURANT f and for other purposes. ∑ Mr. RUBIO. Madam President, as the MESSAGES FROM THE HOUSE The message further announced that chairman of the Senate Committee on At 10:36 a.m., a message from the pursuant to 10 U.S.C. 9455(a), and the Small Business and Entrepreneurship, House of Representatives, delivered by order of the House of January 3, 2019, each week I am privileged to honor an Mr. Novotny, one of its reading clerks, the Speaker appoints the following American small business for its dedica- announced that the House has passed Member on the part of the House of tion to dignified work and its sur- the following bills, without amend- Representatives to the Board of Visi- rounding community. This week, it is ment: tors to the United States Air Force my honor to recognize Granny S. 256. An act to amend the Native Amer- Academy: Ms. Speier of California. Cantrell’s Restaurant of Panama City, ican Programs Act of 1974 to provide flexi- At 5:40 p.m., a message from the FL, for its achievements. bility and reauthorization to ensure the sur- House of Representatives, delivered by Founded in 2002 by Doug Crosby and vival and continuing vitality of Native Mr. Novotny, one of its reading clerks, his family, Granny Cantrell’s is well American languages. S. 737. An act to direct the National announced that the House has passed known for its delicious southern com- Science Foundation to support STEM edu- the following bill, in which it requests fort food and catering. Based on recipes cation research focused on early childhood. the concurrence of the Senate: from friends, neighbors, family, and The message also announced that the local churches, Granny Cantrell’s food H.R. 5363. An act to reauthorize mandatory House has passed the following bills, in funding programs for historically Black col- consists of familiar items such as fried which it requests the concurrence of leges and universities and other minority- chicken, pot roast, and macaroni and the Senate: serving institutions, for other purposes. cheese. Since opening more than 17 H.R. 2051. An act to provide for Federal co- f years ago, Granny Cantrell’s has expe- ordination of activities supporting sustain- rienced success and continued growth. able chemistry, and for other purposes. MEASURES REFERRED Their menu has expanded beyond com- H.R. 3318. An act to require the Transpor- The following bills were read the first fort food to offer a variety of daily spe- tation Security Administration to establish and the second times by unanimous cials and health-conscious options. a task force to conduct an analysis of emerg- consent, and referred as indicated: Today, they are an important part of ing and potential future threats to transpor- tation security, and for other purposes. H.R. 2051. An act to provide for Federal co- the Panama City community, attract- H.R. 3469. An act to direct the Transpor- ordination of activities supporting sustain- ing and retaining customers who enjoy tation Security Administration to carry out able chemistry, and for other purposes; to their food at the restaurant, as well as covert testing and risk mitigation improve- the Committee on Commerce, Science, and at catered events. ment of aviation security operations, and for Transportation. Granny Cantrell’s dedication to the other purposes. H.R. 3318. An act to require the Transpor- tation Security Administration to establish greater Panama City community is un- H.R. 3669. An act to require the Secretary of Homeland Security to conduct a collective a task force to conduct an analysis of emerg- matched. In the days following the response to a terrorism exercise that in- ing and potential future threats to transpor- landfall of Hurricane Michael in 2018, cludes the management of cascading effects tation security, and for other purposes; to Granny Cantrell’s worked tirelessly on critical infrastructure during times of ex- the Committee on Commerce, Science, and with local authorities to ensure that treme cold weather, and for other purposes. Transportation. the city’s employees were fed. Addi- H.R. 4355. An act to direct the Director of H.R. 3469. An act to direct the Transpor- tionally, with the help of likeminded the National Science Foundation to support tation Security Administration to carry out covert testing and risk mitigation improve- community partners, Granny research on the outputs that may be gen- erated by generative adversarial networks, ment of aviation security operations, and for Cantrell’s restaurant was able to pro- otherwise known as deepfakes, and other other purposes; to the Committee on Com- vide and hand-deliver more than 500 comparable techniques that may be devel- merce, Science, and Transportation. prepacked Thanksgiving meals and 400 oped in the future, and for other purposes. H.R. 3669. An act to require the Secretary cupcakes to those in need after the H.R. 4372. An act to direct Federal science of Homeland Security to conduct a collective hurricane. In recent years, Doug and agencies and the Office of Science and Tech- response to a terrorism exercise that in- the Granny Cantrell’s team have also nology Policy to undertake activities to im- cludes the management of cascading effects opened the restaurant’s doors as a prove the quality of undergraduate STEM on critical infrastructure during times of ex- treme cold weather, and for other purposes; drop-off location for Coats for Kids, a education and enhance the research capacity at the Nation’s HBCUs, TCUs, and MSIs, and to the Committee on Homeland Security and Bay County program that collects and for other purposes. Governmental Affairs. distributes gently used coats to pre- H.R. 4373. An act to provide for a coordi- H.R. 4355. An act to direct the Director of pare local children for the winter. nated Federal research initiative to ensure the National Science Foundation to support

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.013 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6948 CONGRESSIONAL RECORD — SENATE December 10, 2019 research on the outputs that may be gen- Environmental Protection Agency, transmit- ments of international agreements, other erated by generative adversarial networks, ting, pursuant to law, the report of a rule en- than treaties (List 2019–0115 - 2019–0117); to otherwise known as deepfakes, and other titled ‘‘Air Plan Approval; Indiana; Indiana the Committee on Foreign Relations. comparable techniques that may be devel- RACT SIP and Negative Declaration for the EC–3460. A communication from the Assist- oped in the future, and for other purposes; to Oil and Natural Gas Industry Control Tech- ant Secretary, Legislative Affairs, Depart- the Committee on Commerce, Science, and niques Guidelines’’ (FRL No. 10003–02–Region ment of State, transmitting, pursuant to Transportation. 5) received in the Office of the President of section 36(c) of the Arms Export Control Act, H.R. 4372. An act to direct Federal science the Senate on December 9, 2019; to the Com- the certification of a proposed license for the agencies and the Office of Science and Tech- mittee on Environment and Public Works. export of firearms abroad controlled under nology Policy to undertake activities to im- EC–3452. A communication from the Direc- Category I of the U.S. Munitions Lists of prove the quality of undergraduate STEM tor of the Regulatory Management Division, automatic rifles to Qatar for end use by the education and enhance the research capacity Environmental Protection Agency, transmit- Ministry of the Interior in the amount of at the Nation’s HBCUs, TCUs, and MSIs, and ting, pursuant to law, the report of a rule en- $1,000,000 or more (Transmittal No. DDTC 18– for other purposes; to the Committee on titled ‘‘Air Plan Approval; Tennessee; Knox 083); to the Committee on Foreign Relations. Health, Education, Labor, and Pensions. County Miscellaneous Revisions’’ (FRL No. EC–3461. A communication from the Assist- H.R. 4373. An act to provide for a coordi- 10002–97–Region 4) received in the Office of ant Secretary, Legislative Affairs, Depart- nated Federal research initiative to ensure the President of the Senate on December 9, ment of State, transmitting, pursuant to continued United States leadership in engi- 2019; to the Committee on Environment and section 36(c) of the Arms Export Control Act, neering biology; to the Committee on Com- Public Works. the certification of a proposed license for the merce, Science, and Transportation. EC–3453. A communication from the Direc- export of firearms abroad controlled under H.R. 4402. An act to require the Secretary tor of the Regulatory Management Division, Category I of the U.S. Munitions Lists of of Homeland Security to conduct an inland Environmental Protection Agency, transmit- 5.56mm automatic rifles to Kuwait for end waters threat analysis, and for other pur- ting, pursuant to law, the report of a rule en- use by the Ministry of the Interior in the poses; to the Committee on Homeland Secu- titled ‘‘Approval and Promulgation of Air amount of $1,000,000 or more (Transmittal rity and Governmental Affairs. Quality Implementation Plans; Delaware; No. DDTC 19–070); to the Committee on For- H.R. 4713. An act to amend the Homeland Amendments to the Regulatory Definition of eign Relations. Security Act of 2002 to make certain im- Volatile Organic Compounds’’ (FRL No. EC–3462. A communication from the Assist- provements in the Office for Civil Rights and 10002–99–Region 3) received in the Office of ant Secretary, Legislative Affairs, Depart- Civil Liberties of the Department of Home- the President of the Senate on December 9, ment of State, transmitting, pursuant to land Security, and for other purposes; to the 2019; to the Committee on Environment and section 36(c) of the Arms Export Control Act, Committee on Homeland Security and Gov- Public Works. the certification of a proposed license for the ernmental Affairs. EC–3454. A communication from the Direc- export of defense articles, including tech- H.R. 4727. An act to amend the Homeland tor of the Regulatory Management Division, nical data and defense services, to Australia Security Act of 2002 to establish a mentor- Environmental Protection Agency, transmit- in support of the F135 propulsion system for prote´ge´ program, and for other purposes; to ting, pursuant to law, the report of a rule en- end use in the F–35 Lightning II Joint Strike the Committee on Homeland Security and titled ‘‘Final Approval of the Indiana 1997 Fighter aircraft in the amount of $100,000,000 Governmental Affairs. Ozone Second Full Maintenance Plans’’ (FRL or more (Transmittal No. DDTC 19–056); to H.R. 4739. An act to amend the Homeland No. 10002–93–Region 5) received in the Office the Committee on Foreign Relations. Security Act of 2002 to protect U.S. Customs of the President of the Senate on December EC–3463. A communication from the Chair- and Border Protection officers, agents, other 9, 2019; to the Committee on Environment man of the Board of the Pension Benefit personnel, and canines against potential syn- and Public Works. Guaranty Corporation, transmitting, pursu- thetic opioid exposure, and for other pur- EC–3455. A communication from the Direc- ant to law, the Inspector General’s Semi- poses; to the Committee on Homeland Secu- tor of the Regulatory Management Division, annual Report to Congress for the period rity and Governmental Affairs. Environmental Protection Agency, transmit- from April 1, 2019, through September 30, H.R. 4761. An act to ensure U.S. Customs ting, pursuant to law, the report of a rule en- 2019; to the Committee on Homeland Secu- and Border Protection officers, agents, and titled ‘‘North Dakota Department of Envi- rity and Governmental Affairs. other personnel have adequate synthetic ronmental Quality: Incorporation by Ref- EC–3464. A communication from the Sec- opioid detection equipment, that the Depart- erence of State Hazardous Waste Manage- retary of Agriculture, transmitting, pursu- ment of Homeland Security has a process to ment Program’’ (FRL No. 10001–40–Region 8) ant to law, the Department of Agriculture’s update synthetic opioid detection capability, received in the Office of the President of the fiscal year 2019 Agency Financial Report; to and for other purposes; to the Committee on Senate on December 9, 2019; to the Com- the Committee on Homeland Security and Homeland Security and Governmental Af- mittee on Environment and Public Works. Governmental Affairs. EC–3456. A communication from the Chief EC–3465. A communication from the Acting fairs. of the Publications and Regulations Branch, Chief Financial Officer and Associate Admin- f Internal Revenue Service, Department of the istrator for Performance Management, Small Business Administration, transmit- MEASURES READ THE FIRST TIME Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Treasury Decision ting, pursuant to law, the Administration’s The following bill was read the first (TD): Base Erosion and Anti-Abuse Tax’’ fiscal year 2019 Agency Financial Report; to time: (RIN1545–BO56) received during adjournment the Committee on Homeland Security and Governmental Affairs. S. 3009. A bill to provide for a period of of the Senate in the Office of the President EC–3466. A communication from the Direc- continuing appropriations in the event of a of the Senate on December 6, 2019; to the tor, Office of Regulation Policy and Manage- lapse in appropriations under the normal ap- Committee on Finance. EC–3457. A communication from the Direc- ment, Department of Veterans Affairs, trans- propriations process, and establish proce- tor, Office of Regulations and Reports Clear- mitting, pursuant to law, the report of a rule dures and consequences in the event of a fail- ance, Social Security Administration, trans- entitled ‘‘Veterans Healing Veterans Medical ure to enact appropriations. mitting, pursuant to law, the report of a rule Access and Scholarship’’ (RIN2900–AQ54) re- f entitled ‘‘Extension of Expiration Dates of ceived during adjournment of the Senate in Five Body Systems Listings’’ (RIN0960–AI45) the Office of the President of the Senate on EXECUTIVE AND OTHER received during adjournment of the Senate December 6, 2019; to the Committee on Vet- COMMUNICATIONS in the Office of the President of the Senate erans’ Affairs. The following communications were on December 6, 2019; to the Committee on Fi- EC–3467. A communication from the Dep- laid before the Senate, together with nance. uty Assistant Administrator, National Ma- rine Fisheries Service, Department of Com- accompanying papers, reports, and doc- EC–3458. A communication from the Chief of the Publications and Regulations Branch, merce, transmitting, pursuant to law, the re- uments, and were referred as indicated: Internal Revenue Service, Department of the port of a rule entitled ‘‘Pacific Halibut Fish- EC–3450. A communication from the Chief Treasury, transmitting, pursuant to law, the eries; Revisions To Catch Sharing Plan and of the Planning and Regulatory Affairs report of a rule entitled ‘‘2019 Required Domestic Management Measures in Alaska’’ Branch, Food and Nutrition Service, Depart- Amendments List for Qualified Retirement (RIN0648–BH94) received during adjournment ment of Agriculture, transmitting, pursuant Plans and section 403(b) Retirement Plans’’ of the Senate in the Office of the President to law, the report of a rule entitled ‘‘Supple- (Notice 2019–64) received during adjournment of the Senate on December 6, 2019; to the mental Nutrition Assistance Program: Re- of the Senate in the Office of the President Committee on Commerce, Science, and quirements for Able-Bodied Adults Without of the Senate on December 6, 2019; to the Transportation. Dependents’’ (RIN0584–AE57) received in the Committee on Finance. EC–3468. A communication from the Acting Office of the President of the Senate on De- EC–3459. A communication from the Assist- Director, National Marine Fisheries Service, cember 9, 2019; to the Committee on Agri- ant Legal Adviser for Treaty Affairs, Depart- Department of Commerce, transmitting, pur- culture, Nutrition, and Forestry. ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled EC–3451. A communication from the Direc- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ‘‘Fisheries of the Exclusive Economic Zone tor of the Regulatory Management Division, the report of the texts and background state- Off Alaska; Several Groundfish Species in

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.017 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6949 the Bering Sea and Aleutian Islands Manage- December 6, 2019; to the Committee on Com- S. 3004. A bill to protect human rights and ment Area’’ (RIN0648–XY55) received during merce, Science, and Transportation. enhance opportunities for LGBTI people adjournment of the Senate in the Office of EC–3476. A communication from the Dep- around the world, and for other purposes; to the President of the Senate on December 6, uty Assistant Administrator, National Ma- the Committee on Foreign Relations. 2019; to the Committee on Commerce, rine Fisheries Service, Department of Com- By Mr. ISAKSON (for himself and Mr. Science, and Transportation. merce, transmitting, pursuant to law, the re- COONS): EC–3469. A communication from the Acting port of a rule entitled ‘‘Atlantic Highly Mi- S. 3005. A bill to require the Secretary of Director, National Marine Fisheries Service, gratory Species; 2020 Atlantic Shark Com- Transportation to promulgate standards and Department of Commerce, transmitting, pur- mercial Fishing Year’’ (RIN0648–XT004) re- regulations requiring all new commercial suant to law, the report of a rule entitled ceived during adjournment of the Senate in motor vehicles to be equipped with tech- ‘‘Fisheries of the Exclusive Economic Zone the Office of the President of the Senate on nology to limit maximum operating speed, Off Alaska; Atka Mackerel in the Bering Sea December 6, 2019; to the Committee on Com- to require existing speed-limiting tech- and Aleutian Islands Management Area’’ merce, Science, and Transportation. nologies already installed in commercial (RIN0648–XY16) received during adjournment motor vehicles manufactured after 1992 to be of the Senate in the Office of the President f used while in operation, and to require that of the Senate on December 6, 2019; to the REPORTS OF COMMITTEES the maximum safe operating speed of com- Committee on Commerce, Science, and mercial motor vehicles shall not exceed 65 Transportation. The following reports of committees miles per hour, or 70 miles per hour with cer- EC–3470. A communication from the Acting were submitted: tain safety technologies; to the Committee Director, National Marine Fisheries Service, By Mr. WICKER, from the Committee on on Commerce, Science, and Transportation. Department of Commerce, transmitting, pur- Commerce, Science, and Transportation, By Ms. MURKOWSKI (for herself, Mr. suant to law, the report of a rule entitled with an amendment: JONES, Mr. KING, and Mr. GARDNER): S. 3006. A bill to amend the Public Health ‘‘Fisheries of the Exclusive Economic Zone S. 1342. A bill to require the Under Sec- Service Act to establish a program to im- Off Alaska; Pacific Cod by Catcher Vessels retary for Oceans and Atmosphere to update prove the identification, assessment, and Greater Than or Equal to 50 Feet Length periodically the environmental sensitivity Overall Using Hook-and-Line Gear in the treatment of patients in the emergency de- index products of the National Oceanic and partment who are at risk or suicide, and for Central Regulatory Area of the Gulf of Alas- Atmospheric Administration for each coastal ka’’ (RIN0648–XX25) received during adjourn- other purposes; to the Committee on Health, area of the Great Lakes, and for other pur- Education, Labor, and Pensions. ment of the Senate in the Office of the Presi- poses (Rept. No. 116–170). dent of the Senate on December 6, 2019; to By Mrs. BLACKBURN (for herself and the Committee on Commerce, Science, and f Ms. CORTEZ MASTO): Transportation. S. 3007. A bill to amend title 18, United EC–3471. A communication from the Acting EXECUTIVE REPORTS OF States Code, to require a provider of a report Director, National Marine Fisheries Service, COMMITTEE to the CyberTipline related to online sexual Department of Commerce, transmitting, pur- exploitation of children to preserve the con- The following executive reports of tents of such report for 180 days, and for suant to law, the report of a rule entitled nominations were submitted: ‘‘Atlantic Highly Migratory Species; Atlan- other purposes; to the Committee on the Ju- tic Bluefin Tuna Fisheries’’ (RIN0648–XT27) By Mr. CRAPO for the Committee on diciary. received during adjournment of the Senate Banking, Housing, and Urban Affairs. By Mr. CORNYN (for himself and Ms. in the Office of the President of the Senate *Peter J. Coniglio, of Virginia, to be In- DUCKWORTH): on December 6, 2019; to the Committee on spector General, Export-Import Bank. S. 3008. A bill to amend the Small Business Commerce, Science, and Transportation. *David Carey Woll, Jr., of Connecticut, to Act to clarify the treatment of certain sur- EC–3472. A communication from the Acting be an Assistant Secretary of Housing and viving spouses under the definition of small Director, National Marine Fisheries Service, Urban Development. business concern owned and controlled by Department of Commerce, transmitting, pur- *Mitchell A. Silk, of New York, to be an service-disabled veterans; to the Committee suant to law, the report of a rule entitled Assistant Secretary of the Treasury. on Small Business and Entrepreneurship. ‘‘Coastal Migratory Pelagic Resources of the *John Bobbitt, of Texas, to be an Assistant By Mr. LANKFORD (for himself, Ms. Gulf of Mexico and Atlantic Region; 2019–2020 of Housing and Urban Development. HASSAN, Mr. ENZI, Mr. JOHNSON, Mr. Commercial Quota Reduction for King Mack- *Brian D. Montgomery, of Texas, to be KING, and Mr. KAINE): S. 3009. A bill to provide for a period of erel Run-Around Gillnet Fishery’’ (RIN0648– Deputy Secretary of Housing and Urban De- continuing appropriations in the event of a XS008) received during adjournment of the velopment. lapse in appropriations under the normal ap- Senate in the Office of the President of the *Nomination was reported with rec- propriations process, and establish proce- Senate on December 6, 2019; to the Com- ommendation that it be confirmed sub- dures and consequences in the event of a fail- mittee on Commerce, Science, and Transpor- ject to the nominee’s commitment to ure to enact appropriations; read the first tation. time. EC–3473. A communication from the Acting respond to requests to appear and tes- By Mr. PORTMAN (for himself and Mr. Director, National Marine Fisheries Service, tify before any duly constituted com- CASEY): Department of Commerce, transmitting, pur- mittee of the Senate. S. 3010. A bill to amend title XIX of the So- suant to law, the report of a rule entitled (Nominations without an asterisk cial Security Act to enable greater partici- ‘‘Atlantic Highly Migratory Species; 2020 At- were reported with the recommenda- pation by seniors and Medicare beneficiaries lantic Shark Commercial Fishing Year’’ tion that they be confirmed.) in State Medicaid programs for working peo- (RIN0648–XP004) received during adjourn- f ple with disabilities; to the Committee on ment of the Senate in the Office of the Presi- Finance. dent of the Senate on December 6, 2019; to By Mrs. MURRAY: the Committee on Commerce, Science, and INTRODUCTION OF BILLS AND JOINT RESOLUTIONS S. 3011. A bill to authorize demonstration Transportation. projects to improve educational and housing EC–3474. A communication from the Acting The following bills and joint resolu- outcomes for children; to the Committee on Director, National Marine Fisheries Service, tions were introduced, read the first Health, Education, Labor, and Pensions. Department of Commerce, transmitting, pur- and second times by unanimous con- By Mr. TOOMEY: suant to law, the report of a rule entitled sent, and referred as indicated: S. 3012. A bill to amend the Private Secu- ‘‘Fisheries of the Northeastern United rity Officer Employment Authorization Act States; Atlantic Herring Fishery; 2019 Man- By Mr. CRUZ (for himself, Mr. CRAPO, of 2004 to establish a national criminal his- agement Area 1A Sub-Annual Catch Limit Mr. KENNEDY, Mr. TILLIS, Mr. INHOFE, tory background check system and criminal Harvested’’ (RIN0648–XX033) received during Mr. LEE, Mrs. HYDE-SMITH, Mr. history review program for private security adjournment of the Senate in the Office of CORNYN, Mr. SASSE, and Mr. BRAUN): officers; to the Committee on the Judiciary. the President of the Senate on December 6, S. 3003. A bill to provide requirements for By Mr. TOOMEY (for himself and Mr. 2019; to the Committee on Commerce, the appropriate Federal banking agencies CRAPO): Science, and Transportation. when requesting or ordering a depository in- S. 3013. A bill to amend title XVIII of the EC–3475. A communication from the Dep- stitution to terminate a specific customer Social Security Act to allow for the offering uty Assistant Administrator, National Ma- account, to provide for additional require- of additional prescription drug plans under rine Fisheries Service, Department of Com- ments related to subpoenas issued under the Medicare part D; to the Committee on Fi- merce, transmitting, pursuant to law, the re- Financial Institutions Reform, Recovery, nance. port of a rule entitled ‘‘Fisheries of the and Enforcement Act of 1989, and for other By Mr. MARKEY: Northeastern United States; Jonah Crab purposes; to the Committee on Banking, S. 3014. A bill to require congressional ap- Fishery; Interstate Fishery Management Housing, and Urban Affairs. proval for civilian nuclear cooperation under Plan for Jonah Crab’’ (RIN0648–BF43) re- By Mr. MARKEY (for himself, Mrs. certain circumstances, and for other pur- ceived during adjournment of the Senate in SHAHEEN, Mr. MERKLEY, Ms. BALD- poses; to the Committee on Foreign Rela- the Office of the President of the Senate on WIN, Ms. KLOBUCHAR, and Mr. CASEY): tions.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.020 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6950 CONGRESSIONAL RECORD — SENATE December 10, 2019 SUBMISSION OF CONCURRENT AND the Interdiction for the Protection of Arizona (Ms. SINEMA) were added as co- SENATE RESOLUTIONS Child Victims of Exploitation and sponsors of S. 995, a bill to amend title The following concurrent resolutions Human Trafficking Program to train XXIX of the Public Health Service Act and Senate resolutions were read, and law enforcement officers to identify to reauthorize the program under such referred (or acted upon), as indicated: and assist victims of child exploitation title relating to lifespan respite care. and human trafficking. S. 1130 By Mr. MARKEY (for himself, Mr. CAR- PER, Mr. REED, Mr. WYDEN, Mr. S. 500 At the request of Mr. CASEY, the CASEY, Ms. HASSAN, Ms. SMITH, Mr. At the request of Mr. PORTMAN, the name of the Senator from Minnesota MERKLEY, Mr. BOOKER, Mr. DURBIN, name of the Senator from New Hamp- (Ms. SMITH) was added as a cosponsor Ms. KLOBUCHAR, Mr. VAN HOLLEN, shire (Mrs. SHAHEEN) was added as a co- of S. 1130, a bill to amend the Public Mrs. SHAHEEN, Mr. BLUMENTHAL, and sponsor of S. 500, a bill to amend title Health Service Act to improve the Mr. WHITEHOUSE): 54, United States Code, to establish, health of children and help better un- S. Res. 449. A resolution expressing the derstand and enhance awareness about sense of the Senate that the Nation, States, fund, and provide for the use of cities, Tribal nations, and businesses, insti- amounts in a National Park Service unexpected sudden death in early life. tutions of higher education, and other insti- Legacy Restoration Fund to address S. 1254 tutions in the United States should work to- the maintenance backlog of the Na- At the request of Mr. YOUNG, the ward achieving the goals of the Paris Agree- tional Park Service, and for other pur- name of the Senator from Montana ment; to the Committee on Foreign Rela- poses. (Mr. TESTER) was added as a cosponsor tions. S. 505 of S. 1254, a bill to require the Sec- By Mr. COONS (for himself and Mr. At the request of Ms. DUCKWORTH, retary of Transportation to review and TILLIS): report on certain laws, safety meas- S. Res. 450. A resolution recognizing the the names of the Senator from Ohio 71st anniversary of the Universal Declara- (Mr. BROWN), the Senator from ures, and technologies relating to the tion of Human Rights and the celebration of Vermont (Mr. SANDERS) and the Sen- illegal passing of school buses, and for ‘‘Human Rights Day’’; to the Committee on ator from Connecticut (Mr. MURPHY) other purposes. the Judiciary. were added as cosponsors of S. 505, a S. 1563 By Ms. COLLINS (for herself, Ms. bill to ensure due process protections At the request of Mr. BURR, the name STABENOW, Mrs. FEINSTEIN, Mrs. of individuals in the United States of the Senator from Alabama (Mr. MURRAY, Ms. CANTWELL, Ms. JONES) was added as a cosponsor of S. KLOBUCHAR, Mrs. SHAHEEN, Mrs. against unlawful detention based solely 1563, a bill to amend the Public Health GILLIBRAND, Ms. WARREN, Mrs. FISCH- on a protected characteristic. ER, Mrs. CAPITO, Ms. ERNST, Ms. S. 510 Service Act with respect to the Agency DUCKWORTH, Ms. HASSAN, Ms. HARRIS, At the request of Mr. MARKEY, the for Toxic Substances and Disease Reg- Ms. SMITH, Mrs. HYDE-SMITH, Mrs. name of the Senator from New York istry’s review and publication of illness BLACKBURN, Ms. SINEMA, Ms. (Mrs. GILLIBRAND) was added as a co- and conditions relating to veterans sta- MCSALLY, Ms. ROSEN, Ms. HIRONO, tioned at Camp Lejeune, North Caro- Ms. CORTEZ MASTO, Ms. BALDWIN, and sponsor of S. 510, a bill to amend the Communications Act of 1934 to provide lina, and their family members, and for Ms. MURKOWSKI): other purposes. S. Res. 451. A resolution congratulating as- for certain requirements relating to tronauts Dr. Jessica U. Meir and Christina H. charges for internet, television, and S. 1820 Koch for the historic accomplishment of voice services, and for other purposes. At the request of Mrs. GILLIBRAND, the name of the Senator from Con- completing the first all-female spacewalk; S. 511 considered and agreed to. necticut (Mr. BLUMENTHAL) was added At the request of Mrs. GILLIBRAND, By Mr. ISAKSON (for himself, Mr. as a cosponsor of S. 1820, a bill to im- the name of the Senator from Pennsyl- COONS, Mr. RISCH, Mr. MENENDEZ, Mr. prove the integrity and safety of horse- vania (Mr. CASEY) was added as a co- SULLIVAN, and Mr. BOOKER): racing by requiring a uniform anti- S. Res. 452. A resolution commemorating sponsor of S. 511, a bill to promote and doping and medication control pro- and supporting the goals of World AIDS Day; protect from discrimination living gram to be developed and enforced by to the Committee on Foreign Relations. organ donors. an independent Horseracing Anti- f S. 580 Doping and Medication Control Au- At the request of Ms. ERNST, the ADDITIONAL COSPONSORS thority. name of the Senator from Mississippi S. 1863 S. 109 (Mrs. HYDE-SMITH) was added as a co- At the request of Mr. DURBIN, the At the request of Mr. WICKER, the sponsor of S. 580, a bill to amend the name of the Senator from New York name of the Senator from Florida (Mr. Act of August 25, 1958, commonly (Mrs. GILLIBRAND) was added as a co- SCOTT) was added as a cosponsor of S. known as the ‘‘Former Presidents Act sponsor of S. 1863, a bill to require the 109, a bill to prohibit taxpayer funded of 1958’’, with respect to the monetary Secretary of the Interior to conduct a abortions. allowance payable to a former Presi- special resource study of the sites asso- S. 133 dent, and for other purposes. ciated with the life and legacy of the At the request of Ms. MURKOWSKI, the S. 651 noted American philanthropist and name of the Senator from Oregon (Mr. At the request of Mr. CASEY, the business executive Julius Rosenwald, MERKLEY) was added as a cosponsor of name of the Senator from Arizona (Ms. with a special focus on the Rosenwald S. 133, a bill to award a Congressional MCSALLY) was added as a cosponsor of Schools, and for other purposes. Gold Medal, collectively, to the United S. 651, a bill to amend the Internal S. 1908 States merchant mariners of World Revenue Code of 1986 to increase the At the request of Mrs. GILLIBRAND, War II, in recognition of their dedi- age requirement with respect to eligi- the name of the Senator from Colorado cated and vital service during World bility for qualified ABLE programs. (Mr. BENNET) was added as a cosponsor War II. S. 879 of S. 1908, a bill to amend the Richard S. 182 At the request of Mrs. FEINSTEIN, the B. Russell National School Lunch Act At the request of Mr. KENNEDY, the name of the Senator from Rhode Island to improve the efficiency of summer name of the Senator from Texas (Mr. (Mr. WHITEHOUSE) was added as a co- meals. CORNYN) was added as a cosponsor of S. sponsor of S. 879, a bill to provide a S. 1989 182, a bill to prohibit discrimination process for granting lawful permanent At the request of Mr. SCOTT of South against the unborn on the basis of sex, resident status to aliens from certain Carolina, the name of the Senator from and for other purposes. countries who meet specified eligibility Louisiana (Mr. CASSIDY) was added as a S. 251 requirements, and for other purposes. cosponsor of S. 1989, a bill to amend At the request of Ms. CORTEZ MASTO, S. 995 title XVIII of the Social Security Act the name of the Senator from Ten- At the request of Ms. COLLINS, the to provide for transparency of Medicare nessee (Mrs. BLACKBURN) was added as names of the Senator from Rhode Is- secondary payer reporting information, a cosponsor of S. 251, a bill to establish land (Mr. REED) and the Senator from and for other purposes.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.023 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6951 S. 2001 S. 2661 expeditious public transmission to the At the request of Ms. STABENOW, the At the request of Mr. GARDNER, the Archivist and public disclosure of Miss- names of the Senator from Oregon (Mr. names of the Senator from Arizona ing Armed Forces Personnel records, MERKLEY) and the Senator from Mary- (Ms. SINEMA), the Senator from Indiana and for other purposes. land (Mr. VAN HOLLEN) were added as (Mr. YOUNG) and the Senator from Ne- S. 2802 cosponsors of S. 2001, a bill to award a braska (Mrs. FISCHER) were added as At the request of Ms. CANTWELL, the Congressional Gold Medal to Willie cosponsors of S. 2661, a bill to amend names of the Senator from Alaska (Mr. O’Ree, in recognition of his extraor- the Communications Act of 1934 to des- SULLIVAN), the Senator from Alaska dinary contributions and commitment ignate 9–8-8 as the universal telephone (Ms. MURKOWSKI) and the Senator from to hockey, inclusion, and recreational number for the purpose of the national Hawaii (Mr. SCHATZ) were added as co- opportunity. suicide prevention and mental health sponsors of S. 2802, a bill to amend the S. 2179 crisis hotline system operating Marine Mammal Protection Act of 1972 At the request of Mr. CARDIN, the through the National Suicide Preven- to reauthorize and modify the John H. name of the Senator from Virginia (Mr. tion Lifeline and through the Veterans Prescott Marine Mammal Rescue and KAINE) was added as a cosponsor of S. Crisis Line, and for other purposes. Response Grant Program, and for other 2179, a bill to amend the Older Ameri- S. 2683 purposes. cans Act of 1965 to provide social serv- At the request of Mr. BURR, the S. 2803 ice agencies with the resources to pro- names of the Senator from Georgia At the request of Mr. BROWN, the vide services to meet the urgent needs (Mr. ISAKSON) and the Senator from name of the Senator from Florida (Mr. of Holocaust survivors to age in place Minnesota (Ms. SMITH) were added as RUBIO) was added as a cosponsor of S. with dignity, comfort, security, and cosponsors of S. 2683, a bill to establish 2803, a bill to provide Federal housing quality of life. a task force to assist States in imple- assistance on behalf of youths who are S. 2365 menting hiring requirements for child aging out of foster care, and for other At the request of Mr. UDALL, the care staff members to improve child purposes. safety. name of the Senator from Arizona (Ms. S. 2826 MCSALLY) was added as a cosponsor of S. 2740 At the request of Mr. YOUNG, the S. 2365, a bill to amend the Indian At the request of Mr. CASEY, the name of the Senator from Colorado Health Care Improvement Act to au- name of the Senator from Arizona (Ms. (Mr. GARDNER) was added as a cospon- thorize urban Indian organizations to SINEMA) was added as a cosponsor of S. sor of S. 2826, a bill to require a global enter into arrangements for the shar- 2740, a bill to amend the Federal Food, economic security strategy, and for ing of medical services and facilities, Drug, and Cosmetic Act to clarify the other purposes. and for other purposes. regulatory framework with respect to S. 2836 S. 2434 certain nonprescription drugs that are At the request of Mrs. MURRAY, the At the request of Mr. PETERS, the marketed without an approved new name of the Senator from Rhode Island name of the Senator from Virginia (Mr. drug application, and for other pur- (Mr. REED) was added as a cosponsor of WARNER) was added as a cosponsor of S. poses. S. 2836, a bill to prohibit the Secretary 2434, a bill to establish the National S. 2754 of Health and Human Services from Criminal Justice Commission. At the request of Mr. KENNEDY, the taking any action to implement, en- S. 2539 names of the Senator from Missouri force, or otherwise give effect to the At the request of Mr. RUBIO, the (Mr. BLUNT) and the Senator from Cali- final rule, entitled ‘‘Protecting Statu- name of the Senator from Arizona (Ms. fornia (Mrs. FEINSTEIN) were added as tory Conscience Rights in Health Care; MCSALLY) was added as a cosponsor of cosponsors of S. 2754, a bill to create Delegations of Authority’’. S. 2539, a bill to modify and reauthorize jobs and drive innovation and economic the Tibetan Policy Act of 2002, and for growth in the United States by sup- S. 2871 other purposes. porting and promoting the manufac- At the request of Mr. UDALL, the name of the Senator from Nevada (Ms. S. 2546 ture of next-generation technologies, CORTEZ MASTO) was added as a cospon- At the request of Ms. MURKOWSKI, the including refrigerants, solvents, fire name of the Senator from Maine (Ms. suppressants, foam blowing agents, sor of S. 2871, a bill to amend the Inter- nal Revenue Code of 1986 to exclude COLLINS) was added as a cosponsor of S. aerosols, and propellants. from gross income payments under the 2546, a bill to amend the Employee Re- S. 2772 Indian Health Service Loan Repayment tirement Income Security Act of 1974 At the request of Ms. COLLINS, the to require a group health plan or name of the Senator from Alaska (Ms. Program and certain amounts received under the Indian Health Professions health insurance coverage offered in MURKOWSKI) was added as a cosponsor connection with such a plan to provide of S. 2772, a bill to amend title XVIII of Scholarships Program. an exceptions process for any medica- the Social Security Act to provide for S. 2881 tion step therapy protocol, and for treatment of clinical psychologists as At the request of Mr. WICKER, the other purposes. physicians for purposes of furnishing name of the Senator from Nebraska S. 2561 clinical psychologist services under the (Mrs. FISCHER) was added as a cospon- At the request of Mr. BLUMENTHAL, Medicare program. sor of S. 2881, a bill to require the Fed- the name of the Senator from Oregon S. 2791 eral Communications Commission to (Mr. MERKLEY) was added as a cospon- At the request of Mr. RUBIO, the make not less than 280 megahertz of sor of S. 2561, a bill to amend the Lacey name of the Senator from Tennessee spectrum available for terrestrial use, Act Amendments of 1981 to clarify pro- (Mrs. BLACKBURN) was added as a co- and for other purposes. visions enacted by the Captive Wildlife sponsor of S. 2791, a bill to amend title S. 2898 Safety Act, to further the conservation 5, United States Code, to provide that At the request of Mr. INHOFE, the of certain wildlife species, and for sums in the Thrift Savings Fund may name of the Senator from Nebraska other purposes. not be invested in securities that are (Mrs. FISCHER) was added as a cospon- S. 2570 listed on certain foreign exchanges, sor of S. 2898, a bill to amend title 5, At the request of Ms. SINEMA, the and for other purposes. United States Code, to provide for a names of the Senator from Delaware S. 2794 full annuity supplement for certain air (Mr. CARPER) and the Senator from At the request of Mr. CRAPO, the traffic controllers. Michigan (Ms. STABENOW) were added name of the Senator from South Da- S. 2944 as cosponsors of S. 2570, a bill to award kota (Mr. ROUNDS) was added as a co- At the request of Ms. MCSALLY, the a Congressional Gold Medal to Greg sponsor of S. 2794, a bill to provide for name of the Senator from Montana LeMond in recognition of his service to the creation of the Missing Armed (Mr. TESTER) was added as a cosponsor the United States as an athlete, activ- Forces Personnel Records Collection at of S. 2944, a bill to amend title 10, ist, role model, and community leader. the National Archives, to require the United States Code, to include digital

VerDate Sep 11 2014 07:17 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.025 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6952 CONGRESSIONAL RECORD — SENATE December 10, 2019 breast tomosynthesis as a primary and S. RES. 385 Her next comment surprised me, preventative health care service under At the request of Mr. MENENDEZ, the though. She said she has worked for a the military health system and the name of the Senator from Maryland Federal agency for years, but she is re- TRICARE program. (Mr. CARDIN) was added as a cosponsor tiring in January because she is so S. 2953 of S. Res. 385, a resolution celebrating tired of constantly having to prepare At the request of Mr. MENENDEZ, the the 30th anniversary of the fall of the for, get set for a government shutdown name of the Senator from Illinois (Ms. Berlin Wall, the reunification of both that may be pending in the days ahead. DUCKWORTH) was added as a cosponsor Germany and Europe, and the spread of It has worn her out. of S. 2953, a bill to provide congres- democracy around the world. Someone who has great wisdom and sional oversight of United States talks f experience and is serving in one of our with Taliban officials and Afghani- Federal agencies is retiring in January, STATEMENTS ON INTRODUCED and we will lose those years of experi- stan’s comprehensive peace process. BILLS AND JOINT RESOLUTION S. 2984 ence because she is tired of dealing At the request of Mr. THUNE, the By Mr. LANKFORD (for himself, with shutdowns. I don’t blame her, name of the Senator from Indiana (Mr. Ms. HASSAN, Mr. ENZI, Mr. quite frankly, although I wish she YOUNG) was added as a cosponsor of S. JOHNSON, Mr. KING, and Mr. wouldn’t leave. I don’t blame her be- 2984, a bill to amend the Internal Rev- KAINE): cause year after year we end up in this enue Code of 1986 to allow for certain S. 3009. A bill to provide for a period same conversation: Are we going to residential rental property to be depre- of continuing appropriations in the have another shutdown? ciated over a 30-year period. event of a lapse in appropriations It seems like every year, as we ap- under the normal appropriations proc- S. RES. 142 proach Christmas, Federal families ess, and establish procedures and con- At the request of Mr. MARKEY, the across the country wonder if they are name of the Senator from Maryland sequences in the event of a failure to about to be furloughed and won’t get a enact appropriations; read the first (Mr. CARDIN) was added as a cosponsor check soon. of S. Res. 142, a resolution condemning time. Federal agency leaders—those who Mr. LANKFORD. Mr. President, 2019 the Government of the Philippines for are Senate confirmed all the way is almost over, but there is a lot that its continued detention of Senator through the process of leadership— still has to be done on this floor. Leila De Lima, calling for her imme- aren’t spending their time on vision- A lot of bills have moved through diate release, and for other purposes. setting and on oversight; they are this year. In fact, we have had 78 bills spending their time in their office hav- S. RES. 152 that have been signed into law so far ing to figure out what to do in case At the request of Mr. MENENDEZ, the this year. there is a government shutdown or name of the Senator from Delaware This year, as we worked through the working through the process of a con- (Mr. COONS) was added as a cosponsor process, we have had quite a few judges tinuing resolution because they only of S. Res. 152, a resolution expressing and nominations that the Senate has get funding a few days at a time. the importance of the United States al- actually worked through. In fact, by All of us know this is bad, but for liance with the Republic of Korea and the end of this week, we will have con- years, we have discussed ending gov- the contributions of Korean Americans firmed our 50th circuit court judge. ernment shutdowns but have never in the United States. There is a lot of engagement, but done it. Senator HASSAN and I have put S. RES. 215 with a week and a half left on this together a nonpartisan bill that is a At the request of Mr. BRAUN, the floor, we still have issues like the very straightforward approach that we name of the Senator from Delaware United States-Mexico-Canada Trade bring to this body and to the House to (Mr. COONS) was added as a cosponsor Agreement. That agreement, which is say: Let’s take government shutdowns of S. Res. 215, a resolution calling for called the USMCA, has been sitting off the table forever. Let’s make this so greater religious and political freedoms over in the House for 14 months. It that in the decades ahead, we will talk in Cuba, and for other purposes. looks like the House is now going to about the way back days long ago when S. RES. 260 take it up this week or next week after we used to have government shut- At the request of Ms. COLLINS, the 14 months of its being there. We are downs. In this body now, we have had name of the Senator from New Hamp- pleased to see some movement there. 21 government shutdowns in the last 40 shire (Mrs. SHAHEEN) was added as a co- We have to see the final implementing years. Let’s talk about the days that sponsor of S. Res. 260, a resolution rec- language on that. used to happen but never happens ognizing the importance of sustained We hope to move the national defense again. United States leadership to accel- authorization bill. That has been wait- We have a very straightforward, sim- erating global progress against mater- ing for months and months and months ple solution. Our simple solution is, if nal and child malnutrition and sup- under the capable leadership of Senator we get to the end of the funding cycle— porting the commitment of the United INHOFE, who is trying to negotiate with at this point, it would be December States Agency for International Devel- the House to get that done. Hopefully 20—we will have an automatic con- opment to global nutrition through the that will get done either this week or tinuing resolution that kicks in so that Multi-Sectoral Nutrition Strategy. next week, but it is cramming into the Federal families don’t feel the effect of S. RES. 318 end of the year. that across the country. They are not At the request of Mr. RISCH, the We have 12 appropriations bills that on furlough, but Members of Congress name of the Senator from Massachu- are still unfinished, and we face a dead- and our staff work 7 days a week. We setts (Ms. WARREN) was added as a co- line of December 20, or we will run into have session here 7 days a week, and we sponsor of S. Res. 318, a resolution to another government shutdown, which can’t move to bills other than appro- support the Global Fund to fight AIDS, brings me to a bill that Senator HAS- priations for 30 days so that we are Tuberculosis and Malaria, and the SAN and I are dropping today, some- locked into settling the appropriations Sixth Replenishment. thing we have negotiated for months issue. S. RES. 371 across party lines to be able to have a The simple resolution is, if we get to At the request of Mr. ISAKSON, the nonpartisan solution to how we can the end of the fiscal year and our work name of the Senator from Texas (Mr. never ever again discuss government is not done, we keep working until it is CRUZ) was added as a cosponsor of S. shutdowns. done. It is not that hard, but we have Res. 371, a resolution reaffirming the This past week when I was flying never made the commitment to each support of the United States for the back to DC from home, on the plane as other that we will stay here and con- people of the Republic of South Sudan I was coming up, there was a Federal tinue to work until it is done. What we and calling on all parties to uphold employee who caught me in the aisle of have done instead is one of two things. their commitments to peace and dia- the plane and said: Hey, I hear you are We just punt a CR, a continuing resolu- logue as outlined in the 2018 revitalized working on stopping government shut- tion, for months at a time and say peace agreement. downs. Thank you. ‘‘OK. Let’s get back to this in 8

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.027 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6953 weeks,’’ which is what we did before, Whereas the ‘‘Special Report on Global Whereas more than 3,200,000 people in the and then before that, there was a 4- Warming of 1.5 °C’’ by the Intergovernmental United States work in clean energy in all 50 week continuing resolution. So we just Panel on Climate Change and the Fourth Na- States, including in industries relating to punt it out and say, ‘‘We will keep tional Climate Assessment report found wind energy, solar energy, energy efficiency, that— clean vehicles, and energy storage; going, and we will try to figure this out (1) human activity is the dominant cause Whereas, in 2017, approximately 457,000 later,’’ which puts a lot of chaos in of observed climate change over the past people in the United States were working in agencies, or we do a government shut- century; the solar and wind industries, including roof- down while we argue. We go home, and (2) a changing climate is causing sea levels ers, electricians, and steel workers; Federal workers are on furlough. to rise and an increase in wildfires, severe Whereas the majority of clean energy jobs Let’s commit to each other that we storms, droughts, and other extreme weather in the United States are blue collar jobs that will never do that again. We will never events that threaten infrastructure and pay well; human life; put Federal workers on furlough be- Whereas the ‘‘2018 U.S. Energy and Em- (3) global warming at or above 2 degrees ployment Report’’ found that jobs in the en- cause we can’t resolve our differences. Celsius beyond pre-industrialized levels will ergy efficiency and renewable energy sector Let’s also commit to each other that cause— outnumber fossil fuel jobs in the United when we get to the end of the fiscal (A) mass migration from regions most af- States 3 to 1; year, we will resolve the problem right fected by climate change; Whereas the establishment of the vehicle then. There is nothing different this (B) more than $500,000,000,000 in lost an- fuel economy emissions standards agreed to nual economic output in the United States in 2012 for vehicle model years 2022 through week than there was 7 weeks ago when by the year 2100; we first started a continuing resolu- 2025— (C) wildfires that, by 2050, will annually (1) is the single most significant action tion. There is nothing different about burn at least twice as much forest area in that has been taken to reduce global warm- it other than we have just decided to the western United States than was typi- ing pollution; go ahead and get it resolved. cally burned by wildfires in the years pre- (2) has helped create more than 1,070,000 When we get to the end of the prob- ceding 2019; domestic jobs in the automobile industry of lem, this Congress needs a deadline to (D) a loss of greater than 99 percent of all the United States; coral reefs on Earth; resolve it. Let’s make it, and let’s (3) will save consumers in the United (E) more than 350,000,000 more people to States nearly $100,000,000,000 at the gas make it very simple and straight- be exposed globally to deadly heat stress pump; and forward: We will stay at it until we by 2050; and (4) will reduce the reliance of the United solve it—that is our commitment—and (F) a risk of damage to public infrastruc- States on foreign oil by an estimated we will hold Federal workers harmless ture and coastal real estate in the United 2,500,000 barrels per day by 2030; through that process. States valued at an estimated Whereas the 2019 report ‘‘Accelerating $1,000,000,000,000; Senator HASSAN and I have worked America’s Pledge’’ found that the States, (4) global temperatures must be kept below on this for months. We have three Re- cities, Tribal nations, businesses, and insti- 1.5 degrees Celsius above pre-industrialized tutions of higher education of the United publicans and three Democrats as we levels to avoid the most severe impacts of a States that support the objectives of the are putting this in front of this body changing climate; and Paris Agreement— today. We have multiple folks who (5) limiting global warming will require (1) represent more than 70 percent of the have already contacted us and said the extensive use of clean, renewable energy United States economy and more than 50 they want to be added as cosponsors as sources, low-carbon-emitting vehicles, en- percent of the emissions of the United soon as we drop it. ergy efficiency, reforestation, and account- States; (2) are already making significant con- Well, today is the day we have intro- ing of carbon emissions equal to the social and environmental costs of those emissions; tributions to emissions reductions; and duced that bill, and we would welcome Whereas, in 2018, carbon dioxide emissions (3) have the potential to reduce emissions any of the 100 of us to join us in a non- from fossil fuel consumption in the United even further; partisan bill to end government shut- States rose 2.8 percent after the economy of Whereas the We Are Still In coalition— downs forever. Let’s keep working the United States grew by 18.4 percent be- (1) has committed to uphold the Paris until we solve the problem. tween 2005 and 2016, while net greenhouse gas Agreement and the commitment of the emissions decreased by 12.1 percent during United States to reduce emissions 26 to 28 f that period; percent below 2005 levels by 2025; and (2) since the launch of the coalition in 2017, Whereas 37 States have set renewable en- SUBMITTED RESOLUTIONS has tripled in size to nearly 4,000 cities, ergy goals; States, businesses, universities, healthcare Whereas 29 of the 37 States that have set organizations, faith groups, and cultural in- renewable energy goals, 3 territories of the stitutions in all 50 States as of 2019; and SENATE RESOLUTION 449—EX- United States, and the District of Columbia PRESSING THE SENSE OF THE have adopted renewable electricity standard Whereas the United States needs both a SENATE THAT THE NATION, requirements to demand clean energy pro- fully engaged Federal Government and cit- STATES, CITIES, TRIBAL NA- duction; ies, States, and businesses working together TIONS, AND BUSINESSES, INSTI- Whereas 23 States and the District of Co- to reduce emissions and avoid the worst im- TUTIONS OF HIGHER EDUCATION, lumbia have adopted greenhouse gas emis- pacts of climate change: Now, therefore, be sions targets; it AND OTHER INSTITUTIONS IN Resolved, That it is the sense of the Senate THE UNITED STATES SHOULD Whereas 27 States have adopted energy ef- ficiency resource standards; that the United States— WORK TOWARD ACHIEVING THE Whereas 10 States have adopted zero-emis- (1) should remain a party to the Paris GOALS OF THE PARIS AGREE- sion vehicle targets; Agreement; MENT Whereas 9 States have implemented the (2) should support policies at the Federal, State, and local level that promote the re- Mr. MARKEY (for himself, Mr. CAR- Regional Greenhouse Gas Initiative to con- struct a market-based system that sets a cap duction of global warming pollution and aim PER, Mr. REED, Mr. WYDEN, Mr. CASEY, on emissions from the electric sector that to meet the objectives of the Paris Agree- Ms. HASSAN, Ms. SMITH, Mr. MERKLEY, declines by— ment; and Mr. BOOKER, Mr. DURBIN, Ms. (1) 2.5 percent per year through 2020; and (3) should support the efforts of businesses KLOBUCHAR, Mr. VAN HOLLEN, Mrs. (2) 3 percent per year from 2021 through and investors to take action on climate SHAHEEN, Mr. BLUMENTHAL, and Mr. 2030; change. WHITEHOUSE) submitted the following Whereas the States of Virginia, New Jer- f sey, and Pennsylvania are making efforts to resolution; which was referred to the SENATE RESOLUTION 450—RECOG- Committee on Foreign Relations: join the Regional Greenhouse Gas Initiative in 2020; NIZING THE 71ST ANNIVERSARY S. RES. 449 Whereas the State of California has a OF THE UNIVERSAL DECLARA- Whereas all of the 197 parties to the United strategy to reduce greenhouse gas emissions TION OF HUMAN RIGHTS AND Nations Framework Convention on Climate to 40 percent below 1990 levels by 2030; THE CELEBRATION OF ‘‘HUMAN Change have signed or acceded to the deci- Whereas, in the United States, 90 cities, 11 RIGHTS DAY’’ sion by the United Nations Framework Con- counties, 2 States, and the District of Colum- vention on Climate Change’s 21st Conference bia have adopted 100 percent clean and re- Mr. COONS (for himself and Mr. of Parties in Paris, France, adopted Decem- newable energy goals, and 217 companies TILLIS) submitted the following resolu- ber 12, 2015 (referred to in this preamble as have committed to 100 percent renewable en- tion; which was referred to the Com- the ‘‘Paris Agreement’’); ergy; mittee on the Judiciary:

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S. RES. 450 Whereas Dr. Meir and Ms. Koch continue Whereas the United States is the largest Whereas the Universal Declaration of to perform critical tasks in support of the donor to the Global Fund to Fight AIDS, Tu- Human Rights, adopted by the United Na- mission of the National Aeronautics and berculosis and Malaria and, as of December tions on December 10, 1948, represents the Space Administration (referred to in this 2019, every $1 contributed by the United first comprehensive agreement among coun- preamble as ‘‘NASA’’) and are conducting States has leveraged an additional $2 from tries as to the specific rights and freedoms of numerous experiments to advance scientific other donors; all human beings; knowledge and the understanding of the Whereas the United States President’s Whereas the Universal Declaration of long-term effects of space on humans; Emergency Plan for AIDS Relief (PEPFAR) Human Rights upholds the basic principles of Whereas Ms. Koch is expected to break the program remains the largest commitment in liberty and freedom enshrined in the Con- record for the longest single spaceflight by a history by any country to combat a single stitution of the United States and the Bill of woman when she completes her mission to disease; Rights; the International Space Station, spending Whereas, as of 2018, PEPFAR has supported Whereas awareness of human rights— 328 total consecutive days in space; treatment for approximately 14,600,000 peo- (1) is essential to the realization of funda- Whereas Dr. Meir is a native of Caribou, ple, including by providing antiretroviral mental freedoms; Maine, and her impressive academic creden- drugs to 2,400,000 pregnant women living (2) promotes equality; tials include a bachelor of arts in Biology with HIV to prevent the transmission of HIV (3) contributes to preventing conflict and from Brown University, a master of science from mother to child during birth; human rights violations; and in Space Studies from the International Whereas, in fiscal year 2018, PEPFAR di- (4) enhances participation in democratic Space University, and a doctorate in Marine rectly supported HIV testing and counseling processes; Biology from the Scripps Institution of for nearly 95,000,000 people; Whereas Congress has a proud history of Oceanography; Whereas considerable progress has been promoting human rights that are inter- Whereas Ms. Koch is a native of Grand made in the fight against HIV/AIDS, includ- nationally recognized; and Rapids, Michigan, and her superior academic ing a 16-percent reduction in new HIV infec- Whereas December 10 of each year is cele- credentials include a bachelor of science in tions, a 41-percent reduction in new HIV in- brated around the world as ‘‘Human Rights Electrical Engineering, a bachelor of science fections among children, and a 33-percent re- Day’’: Now, therefore, be it in Physics, and a master of science in Elec- duction in the number of AIDS-related Resolved, That the Senate— trical Engineering from North Carolina deaths between 2010 and 2018; (1) designates December 10, 2019, as State University; Whereas approximately 23,300,000 people ‘‘Human Rights Day’’; Whereas NASA did not even admit women had access to antiretroviral therapy in 2018, (2) recognizes the 71st anniversary of the into its astronaut program until 1978; compared to only 7,700,000 people who had ac- Universal Declaration of Human Rights; Whereas Dr. Meir and Ms. Koch were both cess to such therapy in 2010; (3) reaffirms the Universal Declaration of members of the 2013 Astronaut Candidate Whereas it is estimated that, without Human Rights; Class of NASA, which was comprised of 8 as- treatment, 1⁄2 of all infants living with HIV (4) supports the right of human rights de- tronauts and was the first class to include will die before their second birthday; fenders all over the world to promote the equal numbers of men and women; Whereas, despite the remarkable progress fundamental freedoms enshrined in the Uni- Whereas Dr. Meir and Ms. Koch are an in- in combatting HIV/AIDS, significant chal- versal Declaration of Human Rights; and spiration to girls and boys across the United lenges remain; (5) encourages the people of the United States and have spoken to hundreds of stu- Whereas there were approximately 1,700,000 States— dents from the International Space Station new HIV infections in 2018, structural bar- (A) to observe Human Rights Day; and to answer their questions and to encourage riers continue to make testing and treat- (B) to continue a commitment to uphold- them to pursue their dreams; ment programs inaccessible to highly vul- ing freedom, democracy, and human rights Whereas developing the next generation of nerable populations, and an estimated around the globe. women astronauts is a priority for the study 8,100,000 people living with HIV globally still and exploration of space: Now, therefore, be do not know their HIV status; f it Whereas the Centers for Disease Control SENATE RESOLUTION 451—CON- Resolved, That the Senate— and Prevention estimates that more than GRATULATING ASTRONAUTS DR. (1) congratulates and expresses pride in Dr. 37,000 people are diagnosed with HIV in the JESSICA U. MEIR AND CHRIS- Jessica U. Meir and Christina H. Koch for United States every year and 14 percent of successfully completing the first all-female the 1,100,000 people in the United States liv- TINA H. KOCH FOR THE HIS- spacewalk in history; and TORIC ACCOMPLISHMENT OF ing with HIV are not aware of their HIV sta- (2) supports the efforts of the National Aer- tus; COMPLETING THE FIRST ALL-FE- onautics and Space Administration (referred Whereas, in the United States, more than MALE SPACEWALK to in this resolving clause as ‘‘NASA’’) to— 675,000 people with AIDS have died since the Ms. COLLINS (for herself, Ms. (A) fully integrate women into the astro- beginning of the HIV/AIDS epidemic, includ- naut corps; and STABENOW, Mrs. FEINSTEIN, Mrs. MUR- ing 15,807 deaths among people with diag- (B) ensure that one of the next humans to nosed HIV in 2017, with the disease dis- RAY, Ms. CANTWELL, Ms. KLOBUCHAR, walk on the Moon will be a woman. proportionately affecting minority commu- Mrs. SHAHEEN, Mrs. GILLIBRAND, Ms. f nities; WARREN, Mrs. FISCHER, Mrs. CAPITO, Whereas December 1 of each year is inter- Ms. ERNST, Ms. DUCKWORTH, Ms. HAS- SENATE RESOLUTION 452—COM- nationally recognized as ‘‘World AIDS Day’’; SAN, Ms. HARRIS, Ms. SMITH, Mrs. MEMORATING AND SUPPORTING and HYDE-SMITH, Mrs. BLACKBURN, Ms. THE GOALS OF WORLD AIDS DAY Whereas, in 2019, commemorations for SINEMA, Ms. MCSALLY, Ms. ROSEN, Ms. Mr. ISAKSON (for himself, Mr. World AIDS Day focused on the vital role that communities play in addressing the HIRONO, Ms. CORTEZ MASTO, Ms. BALD- COONS, Mr. RISCH, Mr. MENENDEZ, Mr. HIV/AIDS epidemic: Now, therefore, be it WIN, and Ms. MURKOWSKI) submitted SULLIVAN, and Mr. BOOKER) submitted the following resolution; which was the following resolution; which was re- Resolved, That the Senate— considered and agreed to: ferred to the Committee on Foreign (1) supports the goals and ideals of World AIDS Day, including the goal to achieve zero S. RES. 451 Relations: new HIV infections, zero discrimination, and Whereas, on October 18, 2019, Dr. Jessica U. S. RES. 452 zero AIDS-related deaths; Meir and Christina H. Koch became the first Whereas, as of the end of 2018, an estimated (2) commends the efforts and achievements astronauts to take part in an all-female 37,900,000 people were living with human im- in combatting HIV/AIDS made by PEPFAR, spacewalk; munodeficiency virus (HIV) or acquired im- the Global Fund to Fight AIDS, Tuberculosis Whereas, although the first spacewalk munodeficiency syndrome (AIDS), including and Malaria, and the Joint United Nations took place in 1964, the first female spacewalk 1,700,000 children; Programme on HIV/AIDS; did not take place until 1984, when Kathryn Whereas the United Nations Sustainable (3) supports efforts to end the HIV epi- Sullivan became the first woman of the Development Goals established a global tar- demic in the United States by 2030; United States to perform a spacewalk with get to end AIDS as a public health threat by (4) urges, in order to ensure that an AIDS- male astronaut David Leestma; 2030; free generation is achievable, rapid action by Whereas the October 18, 2019 spacewalk was Whereas the Global Fund to Fight AIDS, all countries toward further expansion and the first spacewalk for Dr. Meir and the Tuberculosis and Malaria was launched in scale-up of antiretroviral treatment pro- fourth spacewalk for Ms. Koch; 2002, and, as of 2018, has helped provide grams, including efforts to reduce disparities Whereas, during the 7 hour and 7 minute antiretroviral therapy to approximately and improve access for children to life-sav- mission, the 2 astronauts successfully re- 18,900,000 people living with HIV/AIDS and to ing medications; placed a faulty 232-pound battery unit that 719,000 pregnant women to prevent the trans- (5) encourages the scaling up of com- charges and discharges the solar power sys- mission of HIV/AIDS to their children, sav- prehensive prevention services, including tem of the International Space Station; ing an estimated 32,000,000 lives; biomedical and structural interventions, to

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.031 S10DEPT1 aiking on DSK30JT082PROD with SENATE December 10, 2019 CONGRESSIONAL RECORD — SENATE S6955 ensure inclusive access to programs and ap- diciary is authorized to meet during Whereas the Global Fund’s requirements propriate protections for all people at risk of the session of the Senate on Tuesday, for co-financing have spurred domestic in- contracting HIV/AIDS, especially hard-to- December 10, 2019, at 2.30 p.m., to con- vestments, with recipient countries commit- reach populations; duct a hearing. ting 41 percent more of their own funding to (6) calls for greater focus on the HIV-re- fight AIDS, tuberculosis, and malaria for lated vulnerabilities of women and girls, in- f 2018–2020 compared to 2015–2017; cluding women and girls at risk for or who PRIVILEGES OF THE FLOOR Whereas the Global Fund has called on do- have survived violence or faced discrimina- nors to support its Sixth Replenishment by tion as a result of the disease; Mrs. MURRAY. Mr. President, I ask mobilizing a minimum of $14,000,000,000 in (7) supports continued leadership by the unanimous consent that an FDA donor commitments for 2021–2023; United States in domestic, bilateral, multi- detailee on my HELP Committee staff, Whereas Canada, the European Union, Ger- lateral, and private sector efforts to fight Michael Varrone, be granted floor many, India, Ireland, Italy, Luxembourg, HIV; privileges through August 2020. Japan, Portugal, Switzerland, and the (8) encourages and supports greater degrees The PRESIDING OFFICER. Without United Kingdom have responded to the call of ownership and shared responsibility by de- by significantly increasing their respective objection, it is so ordered. pledges for the Sixth Replenishment; veloping countries in order to ensure the sus- Mr. WYDEN. Mr. President, I ask tainability of the domestic responses to HIV/ Whereas recipient countries also are ex- AIDS by those countries; and unanimous consent that two members pected to increase their co-financing by 48 (9) urges other members of the inter- of my team, Whitney Wagner and Brian percent, growing to $46,000,000,000 in 2021– national community to sustain and scale up Webster, be granted floor privileges for 2023; and their support for and financial contributions the remainder of the Congress. Whereas, with these resources secured, the to efforts around the world to combat HIV/ The PRESIDING OFFICER. Without Global Fund projects it will reduce the num- AIDS. objection, it is so ordered. ber of deaths due to AIDS, TB, and malaria by nearly 50 percent, avert 234,000,000 infec- f f tions or disease cases, and save an additional 16,000,000 lives: Now, therefore, be it AUTHORITY FOR COMMITTEES TO SUPPORTING THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS Resolved, That the Senate— MEET (1) commends the work of the Global Fund AND MALARIA, AND THE SIXTH and its partners for their contributions Mr. MCCONNELL. Mr. President, I REPLENISHMENT have 5 requests for committees to meet aimed at ending the epidemics of AIDS, tu- berculosis, and malaria; during today’s session of the Senate. On Monday, December 2, 2019, the Senate passed S. Res. 318, as follows: (2) affirms the support of the United States They have the approval of the Majority for the goal of securing a minimum of S. RES. 318 and Minority leaders. $14,000,000,000 in donor commitments for the Pursuant to rule XXVI, paragraph Whereas the Global Fund to Fight AIDS, Sixth Global Fund Replenishment, to be held 5(a), of the Standing Rules of the Sen- Tuberculosis, and Malaria has been an effec- on October 10, 2019, in Lyon, France; ate, the following committees are au- tive partnership of governments, the private (3) supports United States contributions of sector, civil society, and affected commu- thorized to meet during today’s session 33 percent of the budget provided by the nities to galvanize political and financial ef- Global Fund’s Sixth Replenishment, con- of the Senate: forts to improve the response to these sistent with section 202(d) of the United COMMITTEE ON BANKING, HOUSING, AND URBAN epidemics since 2002; States Leadership Against HIV/AIDS, Tuber- AFFAIRS Whereas, in 2017, the Global Fund contrib- culosis, and Malaria Act of 2003 (22 U.S.C. The Committee on Banking, Housing, uted to extraordinary improvements in glob- 7622(d)), and provided that the Fund con- and Urban Affairs is authorized to al health that would otherwise not have oc- tinues to uphold its longstanding commit- meet during the session of the Senate curred, including a more than 50 percent re- ment to transparency, accountability, and duction in the number of AIDS-related on Tuesday, December 10, 2019, at 10 results in combating AIDS, tuberculosis, and deaths since the peak in 2005, a 37 percent de- malaria; a.m., to conduct a hearing on the fol- cline in tuberculosis (TB) deaths since 2000, (4) urges donor countries to step up the lowing nominations: Mitchell A. Silk, and a 60 percent decline in the number of fight and increase their pledges for the Sixth of New York, to be an Assistant Sec- malaria deaths since 2000; Global Fund Replenishment; retary of the Treasury, Brian D. Mont- Whereas, since the Global Fund’s creation (5) urges Global Fund recipient countries gomery, of Texas, to be Deputy Sec- in 2002, more than 27,000,000 lives have been to continue to make and meet ambitious co- retary, and David Carey Woll, Jr., of saved in the countries where it invests; financing commitments to sustain progress Connecticut, and John Bobbitt, of Whereas the Global Fund and its partners in ending the epidemics of AIDS, tuber- work to maintain a steadfast commitment to culosis, and malaria; and Texas, both to be an Assistant Sec- transparency and accountability and have (6) encourages United States bilateral aid retary, all of the Department of Hous- received high marks in multilateral aid re- programs to continue their collaboration ing and Urban Development, and Peter views and by independent watchdog groups; with the Global Fund to maximize the life- J. Coniglio, of Virginia, to be Inspector Whereas a 2019 study published in the An- saving impact of global health investments. General, Export-Import Bank; to be nals of Global Health found evidence of asso- f immediately followed by an oversight ciated improvements in government ac- hearing to examine the Securities and countability, control of corruption, political MEASURE READ THE FIRST Exchange Commission. freedoms, regulatory quality, and rule of law TIME—S. 3009 that are significant in countries where the COMMITTEE ON ENERGY AND NATURAL Mr. MCCONNELL. Madam President, Global Fund invests; I understand there is a bill at the desk, RESOURCES Whereas, despite progress in combating The Committee on Energy and Nat- AIDS, tuberculosis, and malaria, challenges and I ask for its first reading. ural Resources is authorized to meet such as drug and insecticide resistance, The PRESIDING OFFICER. The clerk will read the bill by title for the during the session of the Senate on reaching marginalized and vulnerable popu- lations, and complacency in the fight against first time. Tuesday, December 10, 2019, at 10 a.m., The senior assistant legislative clerk to conduct a hearing. infectious diseases threaten further progress; Whereas United States leadership has been read as follows: COMMITTEE ON THE JUDICIARY critical to the success of the Global Fund, A bill (S. 3009) to provide for a period of The Committee on the Judiciary is both as its largest donor and through its continuing appropriations in the event of a authorized to meet during the session oversight role on the Board of the Global lapse in appropriations under the normal ap- of the Senate on Tuesday, December 10, Fund; propriations process, and establish proce- 2019, at 10 a.m., to conduct a hearing. Whereas Global Fund programs and activi- dures and consequences in the event of a fail- ties support and complement United States ure to enact appropriations. SELECT COMMITTEE ON INTELLIGENCE bilateral health programs, including the Mr. MCCONNELL. Madam President, The Select Committee on Intel- President’s Emergency Plan for AIDS Relief, I now ask for a second reading, and in ligence is authorized to meet during the President’s Malaria Initiative, and the order to place the bill on the calendar the session of the Senate on Thursday, United States Agency for International De- velopment tuberculosis program; under the provisions of rule XIV, I ob- November 21, 2019, at 2 p.m., to conduct ject to my own request. a closed hearing. Whereas the United States is limited by law from contributing more than 33 percent The PRESIDING OFFICER. Objec- SUBCOMMITTEE ON INTELLECTUAL PROPERTY of the Global Fund budget, thereby encour- tion having been heard, the bill will be The Subcommittee on Intellectual aging other partners to significantly in- read for the second time on the next Property of the Committee on the Ju- crease their contributions; legislative day.

VerDate Sep 11 2014 04:43 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.033 S10DEPT1 aiking on DSK30JT082PROD with SENATE S6956 CONGRESSIONAL RECORD — SENATE December 10, 2019 VIRGINIA BEACH STRONG ACT The PRESIDING OFFICER. Without to date, the time for the two leaders be The PRESIDING OFFICER. Pursuant objection, it is so ordered. reserved for their use later in the day, to the order from November 21, 2019, f morning business be closed, and the Senate proceed to executive session the Senate having received H.R. 4566 CONGRATULATING ASTRONAUTS from the House, and the text being and resume consideration of the Van- DR. JESSICA U. MEIR AND Dyke nomination; finally, that all time identical to S. 2592, the House bill is CHRISTINA H. KOCH FOR THE considered read a third time, and the during recess, adjournment, morning HISTORIC ACCOMPLISHMENT OF business, and leader remarks count question is on the passage of the bill. COMPLETING THE FIRST ALL-FE- The bill was ordered to a third read- postcloture on the VanDyke nomina- MALE SPACEWALK ing and was read the third time. tion. The PRESIDING OFFICER. The bill Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. Without having been read the third time, the I ask unanimous consent that the Sen- objection, it is so ordered. question is, Shall the bill pass? ate proceed to the consideration of S. The bill (H.R. 4566) was passed. Res. 451, submitted earlier today. f f The PRESIDING OFFICER. The clerk will report the resolution by ADJOURNMENT UNTIL 9:30 A.M. FOSTERING UNDERGRADUATE title. TOMORROW TALENT BY UNLOCKING RE- The senior assistant legislative clerk Mr. MCCONNELL. Madam President, SOURCES FOR EDUCATION ACT read as follows: if there is no further business to come Mr. MCCONNELL. Madam President, A resolution (S. Res. 451) congratulating before the Senate, I ask unanimous I ask unanimous consent that the Sen- astronauts Dr. Jessica U. Meir and Christina consent that it stand adjourned under ate proceed to the immediate consider- H. Koch for the historic accomplishment of the previous order. ation of H.R. 5363. completing the first all-female spacewalk. There being no objection, the Senate, The PRESIDING OFFICER. The There being no objection, the Senate at 6:30 p.m., adjourned until Wednes- clerk will report the bill by title. proceeded to consider the resolution. day, December 11, 2019, at 9:30 a.m. The senior assistant legislative clerk Mr. MCCONNELL. I ask unanimous read as follows: consent that the resolution be agreed f A bill (H.R. 5363) to reauthorize mandatory to, the preamble be agreed to, and the funding programs for historically Black col- motions to reconsider be considered DISCHARGED NOMINATION leges and universities and other minority- The Senate Committee on Homeland serving institutions, and for other purposes. made and laid upon the table with no intervening action or debate. Security and Governmental Affairs was There being no objection, the Senate The PRESIDING OFFICER. Without discharged from further consideration proceeded to consider the bill. objection, it is so ordered. of the following nomination under the Mr. MCCONNELL. I ask unanimous authority of the order of the Senate of consent that the bill be considered read The resolution (S. Res. 451) was 01/07/2009 and the nomination was a third time. agreed to. The PRESIDING OFFICER. Without The preamble was agreed to. placed on the Executive Calendar: objection, it is so ordered. (The resolution, with its preamble, is *SEAN O’DONNELL, OF MARYLAND, TO BE INSPECTOR GENERAL, ENVIRONMENTAL PROTECTION AGENCY. The bill was ordered to a third read- printed in today’s RECORD under ‘‘Sub- ing and was read the third time. mitted Resolutions.’’) *Nominee has committed to respond Mr. MCCONNELL. I know of no fur- f to requests to appear and testify before any duly constituted committee of the ther debate on the bill. ORDERS FOR WEDNESDAY, The PRESIDING OFFICER. Is there Senate. DECEMBER 11, 2019 further debate? Hearing none, the bill having been Mr. MCCONNELL. Now, Madam f President, I ask unanimous consent read the third time, the question is, CONFIRMATION Shall the bill pass? that when the Senate completes its The bill (H.R. 5363) was passed. business today, it adjourn until 9:30 Executive nomination confirmed by Mr. MCCONNELL. I ask unanimous a.m., Wednesday, December 11; further, the Senate December 10, 2019: consent that the motion to reconsider that following the prayer and pledge, THE JUDICIARY be considered made and laid upon the the morning hour be deemed expired, PATRICK J. BUMATAY, OF CALIFORNIA, TO BE UNITED table. the Journal of proceedings be approved STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT.

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JUDY ALTENBERG Mother Mason was employed at a clothing RECOGNIZING THE RETIREMENT factory and as a short order cook for a res- OF COVESTRO LLC’S CHAIRMAN HON. ED PERLMUTTER taurant. She enjoyed cooking and baking— AND CHIEF EXECUTIVE OFFICER, OF COLORADO cabbage and pound cakes are her specialties. JERRY MACCLEARY IN THE HOUSE OF REPRESENTATIVES She has remained an active member of a Tuesday, December 10, 2019 local social club for over 50 years and con- HON. GUY RESCHENTHALER tinues to enjoy their yearly celebrations and OF PENNSYLVANIA Mr. PERLMUTTER. Madam Speaker, I rise birthday parties, dressing up, eating good IN THE HOUSE OF REPRESENTATIVES today to recognize and honor Judy Altenberg food, and playing cards. Still active in the for receiving the 2019 Golda Meir Award from community, Mother Mason spends her time at Tuesday, December 10, 2019 JEWISHColorado. Patton Recreation Center in Southwest De- Mr. RESCHENTHALER. Madam Speaker, it This award honors local Jewish women who troit, where she once worked and volunteered. is a great honor to congratulate my con- have exemplified extraordinary leadership, She received accolades from former Detroit stituent, Jerry MacCleary, upon his retirement community involvement and support of the Mayor Coleman A. Young for her vol- after a distinguished forty-year career with Federation, as well as has an outstanding abil- unteerism. The matriarch of her family, Mother Covestro LLC. Mr. MacCleary truly embodies ity to inspire others. Judy exemplifies the Mason treasures her time spent with family. the values that make southwestern Pennsyl- qualities deserving of this recognition. She has She is the proud parent to her grown son vania a great place to live and work, and I am been active in the community for several dec- Gregory Mason and loves her many grand- proud to represent him in Congress. ades through her volunteerism and nonprofit children and great-grandchildren. Her compas- In 1979, Mr. MacCleary began his career as work. She has tirelessly volunteered on sev- sion and kindness towards others have had a an accountant with the company. Mr. eral boards, including as past chair, lifetime lasting impact on those around her. Her strong MacCleary’s talent and work ethic were imme- board member and trustee of the Board of Na- family values are reflected in the life she diately recognized, and he quickly rose tional Women’s Philanthropy of the Jewish leads. through the ranks, taking on positions in sales, Federations of North America (JFNA). She is Please join me in celebrating the one hun- marketing, general management, and strategic the past chair of the Jewish Women’s Philan- dredth birthday of Mother Clifford Mason. leadership. In 2004, Mr. MacCleary was thropy Center of JEWISHColorado, where she named head of the company’s North American has chaired several fundraising divisions, and f polyurethanes business. He retained this sig- alumna of the United Jewish Communities’ nificant responsibility even after becoming National Young Leadership Cabinet. She is a HONORING FATHER ALEXANDER president in 2012. In 2015, Mr. MacCleary led 2010 graduate of the Wexner Heritage Pro- KARLOUTSOS the North American material science organiza- gram, an intensive two-year program of Jew- tion through its separation from Bayer and es- ish leadership and learning. Most recently, in HON. LEE M. ZELDIN tablishment as an independent company, 2019, Judy joined the Rose Community Foun- called Covestro. In 2018, he was named OF NEW YORK dation as Director of Gift Planning and Advisor Chairman and CEO. Relations. She has been involved with the IN THE HOUSE OF REPRESENTATIVES Mr. MacCleary’s dedication to the chemical Foundation since 2007 as a trustee and mem- Tuesday, December 10, 2019 industry does not stop with his work at ber of the Education Committee and chair of Covestro. He serves on the Board of Directors the Jewish Life Committee. Mr. ZELDIN. Madam Speaker, I rise today for the National Association of Manufacturers, In addition to her work within the Jewish to recognize Father Alexander Karloutsos, the on the Executive Committee for the Society of community, Judy has been involved locally leader of Dormition of the Virgin Mary Greek Chemical Manufacturers, and as Chairman of and at the state level and helped at her chil- Orthodox Church of the Hamptons in South- the American Chemistry Council’s Board of Di- dren’s K–12 schools, including as past Chair ampton, New York. rectors. of the Cherry Creek Schools Foundation. Father Alex, as he’s known to so many in Mr. MacCleary is well known in the industry Judy’s dedication to her community is out- our community, has served his church for over for his commitment to advancing sustainability standing. I extend my deepest congratulations 40 years, guiding Long Islanders in a life cen- efforts. He serves as Chair for the Board Sus- to Judy Altenberg for her contribution to our tered in faith. However, his work goes beyond tainability Committee under the American community and our state. the members of his faith community, and his Chemistry Council, as well as the Sustain- f work has affected so many aspects of our ability Committee for the Allegheny Con- community and our nation. CELEBRATING MOTHER CLIFFORD ference on Community Development. He also MASON’S 100TH BIRTHDAY In fact, Father Alex has met with and ad- co-chairs ‘‘CEOs for Sustainability’’—a local vised every U.S. President since President program sharing sustainable business prac- HON. RASHIDA TLAIB Ronald Reagan on religious freedom and tices with companies of all sizes. many other issues and is well-known and re- Born and raised in Pittsburgh, Mr. OF MICHIGAN spected by many members of Congress and MacCleary is actively engaged in the south- IN THE HOUSE OF REPRESENTATIVES policy-makers on both sides of the aisle. western Pennsylvania community. He serves Tuesday, December 10, 2019 While his reputation precedes him on the on the Board of Directors for the Allegheny Ms. TLAIB. Madam Speaker, I rise today in national level, he has never turned his back Conference on Community Development, the honor of Mother Clifford Mason, a long-time on the community he loves. Just last year, he United Way of Southwestern Pennsylvania, resident of Detroit, Michigan, as she cele- led his church in donating $100,000 to the and the Imani Christian Academy. He is also brates her one hundredth birthday on Decem- Southampton Town Police Department to help a member of the Board of Trustees for the ber 13, 2019. fight the heroin and opioid abuse epidemic Children’s Hospital of Pittsburgh and co-chairs Born in Macon, Georgia, Clifford Mason was that has taken its toll on our community. The Advanced Leadership Initiative, which raised as an only child by her grandparents. For his extraordinary service to our commu- aims to promote corporate diversity and build She was educated in Georgia public schools nity and nation, he was recently appointed as a continuous pipeline of African American before marrying Millard Mason in 1944. They the Vicar General of the Holy Archdiocese of leaders in Pittsburgh. moved to Michigan in 1946 and established America at the discretion of the Archbishop Madam Speaker, throughout his career, their home, where she eventually became a himself. I congratulate Father Alex on his well- Jerry MacCleary has demonstrated a remark- dedicated member on the Usher Board and deserved appointment and look forward to able commitment to Covestro, the chemical in- Mothers’ Board of Unity Baptist Church in De- continuing to work together to better the com- dustry, sustainability efforts, and the south- troit. munity we love. western Pennsylvania community as a whole.

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

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K10DE8.001 E10DEPT1 dlhill on DSKBBY8HB2PROD with REMARKS E1568 CONGRESSIONAL RECORD — Extensions of Remarks December 10, 2019 Please join me in congratulating him on his IN RECOGNITION OF NANCY Service in 1956. During this time, he served well-earned retirement after a distinguished FATEMI FOR HER EXEMPLARY as both letter carrier and as an Army National career. I know that he will remain active in the CAREER IN SERVICE OF NEW Guard Reservist working as a heavy equip- next chapter of his life and continue to serve JERSEY ment operator. Continuing his career with the as an exemplary citizen for our community U.S. Postal Service, he would eventually be and the entire region. HON. FRANK PALLONE, JR. named U.S. Post Master in 1981. Bill served OF NEW JERSEY multiple communities in his role as Post Mas- f IN THE HOUSE OF REPRESENTATIVES ter including; Bedford, Waltham and Abington, where he would retire in 1992. REMEMBERING THE LIFE OF DO- Tuesday, December 10, 2019 Bill was a dedicated family man and a de- LORES PREKSTA SHOROKEY– Mr. PALLONE. Madam Speaker, I rise today vout follower of the Catholic faith. After his re- BRUNETTI to recognize Nancy Blades Fatemi, someone tirement, Bill most enjoyed spending time with who has been a tireless public servant for the his family and rooting for his beloved Boston great state of New Jersey throughout her en- Red Sox. HON. TIM RYAN tire career. Nancy has announced her retire- Surrounded by family, Bill passed away on ment at the end of this year from her current November 30, 2019, at the age of eighty-one. OF OHIO role as Executive Director to the New Jersey His dedication to serving both his country and IN THE HOUSE OF REPRESENTATIVES State Society (NJSS). his community will long be remembered by his For the last decade, Nancy has served as growing family and all those who had the Tuesday, December 10, 2019 executive director of the New Jersey State So- great privilege of knowing Bill. In addition to Mr. RYAN. Madam Speaker, I rise today to ciety of Washington, D.C. State and Territory his wife Mary Sue, Bill is survived by his six honor the life of Dolores Preksta Shorokey- societies are civic and social organizations children Billy, John, Patrick, James, Mary Sue, Brunetti, 84, who passed away peacefully on that are unique to the national capital region. and Peggy, his twelve grandchildren, and two Saturday, November 30, 2019, at her home With roots that trace back to 1854, state soci- great grandchildren. with her family by her side. eties have evolved as non-partisan booster Madam Speaker, I am proud to honor the clubs that celebrate the history, culture, tradi- life of the William ‘‘Bill’’ Ryan. I ask that my Dolores, who was known to all as ‘‘Dee,’’ tions, humor, politics and commerce of Amer- colleagues join me in recognizing his commit- was born August 28, 1935, in Cadogan, PA, a ica’s 50 states. The societies provide those ment to his local community and the people of daughter of the late John and Sadie who live in the greater-Washington area with Massachusetts. Wolsonovich Preksta, and came to the a special non-partisan venue that enables f Mahoning Valley with her family as a child. them to share in a wide variety of events cele- HONORING CHIEF DENNIS Dee was a registered nurse for more than brating their home states. Since 1941, New COMPTON 40 years. She graduated from The Rayen Jersey State Society has been serving as the School, where she was a majorette, and link between Washington, D.C. and New Jer- earned a degree in Nursing from the Youngs- sey. Under Nancy’s leadership, NJSS won the HON. STENY H. HOYER town Hospital Association School of Nursing. top national Haines Award for ‘‘Outstanding OF MARYLAND Early in her career, she worked at the Stutt- State Society,’’ in 2014–2015, as well as sev- IN THE HOUSE OF REPRESENTATIVES gart Army Hospital in Germany, and she later eral state society softball championships. Tuesday, December 10, 2019 worked at Northside Hospital in Youngstown Prior to serving NJSS, she worked on Cap- Mr. HOYER. Madam Speaker, I rise today for many years, where she was instrumental in itol Hill in the personal offices of Rep. James J. Howard, D–NJ, as legislative director and to honor Chief Dennis Compton, who earlier the formation of the Nurses Union. Dee retired this year stepped down as Chair of the Na- from nursing in 2000. press secretary, and later in my office as spe- cial assistant and health care legislative as- tional Fallen Firefighters Foundation Board of She was a member of St. Anne Ukrainian sistant. Nancy began her career as a reporter Directors after more than eleven years. Catholic Church in Austintown, where she at The Home News, New Brunswick, NJ, and Since 1992, I have had the distinct honor of proudly volunteered. Dolores enjoyed cooking, reporter and wire editor of the Bennington serving as a Co-Chair of the Congressional golfing, gardening, and attending garage Banner, Bennington, VT. She grew up in Fire Services Caucus. I have established sales. She was also known to enjoy casinos Avon-by-the-Sea, NJ and is a graduate of Rut- friendships with many members of our nation’s and vacationing with her family to Nags Head, gers University’s Douglass College, New fire and emergency services throughout those North Carolina, which she did as recently as Brunswick, NJ, and Columbia Graduate years. I got to know Chief Compton well, at- August of 2019. Dee loved her family and School of Journalism, New York, NY. tending the memorial service for fallen fire- lived her life for her children. Compassionate Taking the steps to successfully continue a fighters in Emmitsburg and the annual Con- and caring, she also used her skills to serve long tradition of creating opportunities for New gressional Fire Services Dinner together with as a caregiver to elderly friends. Jerseyans living in Washington, D.C. to con- him every year. I know it was a difficult decision on his part Dee is survived by four children, Debbie nect and celebrate the Garden State is no to step down as the Chairman of the National Aloia (Christina Lyons), with whom she shared small task, and Nancy has more than risen to Fallen Firefighters Board of Directors. Chief her home for the past year, Joe (Jane) the challenge. Madam Speaker, I hope all my Compton has always cared deeply about the Shorokey of Boardman, Christine Shorokey of colleagues will join me in thanking Nancy mission of the National Fallen Firefighters New Jersey, and Laurie (Brett) Stare of Blades Fatemi for her tireless advocacy on be- Foundation to honor our fallen heroes, provide Austintown; six grandchildren, Matt Price (Liz half of the great state of New Jersey. support to their loved ones, and reduce the Montelongo), Nikki (Daniel) Maloney, Holly f number of firefighter injuries and deaths. Even Kowal (Jason Poe), Sara Shorokey, Mimi IN RECOGNITION OF WILLIAM though he will no longer serve as Chairman, Shorokey, and Josie Shorokey; a great-grand- ‘‘BILL’’ RYAN I know he will remain steadfast in his commit- daughter, Aria; a sister, Patricia Gergel of ment to firefighter health and safety. Youngstown; two brothers, John Preksta of HON. WILLIAM R. KEATING In his many different professional capacities, Detroit and Ronald Preksta of Chicago; sev- Chief Compton has shared his thoughts and eral nieces and nephews; and her canine OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES knowledge with thousands of firefighters about companion, Donya. Her second husband, Jo- the attributes of leadership, character, and in- seph ‘‘Peno’’ Brunetti, passed away February Tuesday, December 10, 2019 tegrity. These attributes define who he is as a 3, 2014. Mr. KEATING. Madam Speaker, I rise today friend and leader and have earned him many My staff and I have been blessed to work in recognition of the life of the William ‘‘Bill’’ well-deserved distinctions and honors from his closely on addiction and behavioral issues Ryan, a veteran and public servant of thirty-six peers. Indeed, his legacy will be felt for many with Dee’s son, Joe, who is the CEO of Alta years. years to come in the countless men and Behavioral Health in Youngstown. I have no Born in Brighton, Massachusetts in 1938, women of the fire and emergency services doubt that Joe got his passion for care from Bill graduated from Brighton High School and who will carry out their work aimed with the his mother. My deepest condolences to all Quincy College. After graduating, Bill began lessons he imparted and will surely continue whose lives were touched by Dee. his long career with the United States Postal to impart in the years ahead.

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K10DE8.004 E10DEPT1 dlhill on DSKBBY8HB2PROD with REMARKS December 10, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E1569 I would also like to honor him for his dedica- evident in her dedication to protecting and nur- RECOGNIZING BRIAN LYONS ON tion and commitment to our nation’s fire- turing her much loved daughter. She worked HIS 11TH BIRTHDAY AND FOR fighters, for his unwavering support for the from New York to spend more time with HIS CONTRIBUTIONS TO OUR family members of our fallen heroes, and for Abaynesh. This September, to Ms. Schlecht’s COMMUNITY his many contributions to the bipartisan work immense pride, her daughter began kinder- of the Congressional Fire Services Caucus. garten at Hunter College Elementary School. HON. DANIEL MEUSER Serving as a Co-Chair of the Congressional Abaynesh was the center of her life. OF PENNSYLVANIA Fire Services Caucus, I have seen Chief On November 6th, Ms. Schlecht and IN THE HOUSE OF REPRESENTATIVES Compton’s tireless efforts up close. Abaynesh were killed by their husband and fa- Prior to his role as Chairman of the National ther in a tragic act of domestic violence. There Tuesday, December 10, 2019 Fallen Firefighters Board of Directors, Chief are no words to express the profound devas- Mr. MEUSER. Madam Speaker, it is with Compton served in the Phoenix Fire Depart- tation faced by those who loved them; there is great respect that I rise today to recognize ment for twenty-eight years. He also served as no meaning to be found in this tragedy. One Brian Lyons for his incredible dedication and Fire Chief in Mesa, Arizona, for six years. out of every three women will experience vio- the many contributions he has made and con- Chief Compton also served as Past Chairman lence in their lifetime, most likely at the hands tinues to make to local first responders. of the Congressional Fire Services Institute of someone they know. Ms. Schlecht’s cour- Upon discovering that his local fire com- (CFSI) National Advisory Council and Co- age to leave an abusive situation should never pany, Elm Hill Hose Company No. 3 in Plym- Chairman of the Fire Service-Based EMS Ad- be forgotten. The best way to honor her mem- outh, did not have a Jaws of Life, Brian vocates Steering Committee. ory is to keep fighting to realize Ms. Schlecht’s jumped into action and began selling lem- Our nation’s fire service owes Chief Comp- dream of ensuring safety, dignity, and choices onade to raise the necessary funds needed to ton a debt of gratitude. On behalf of my fellow for all women and girls. Ms. Schlecht, her purchase the life saving equipment. After sell- Co-Chairs of the Congressional Fire Services light, the way she cared for her daughter, and ing over 7,500 cups of lemonade and receiv- Caucus, I extend my thanks and appreciation all of the things that made her a beautiful ing a $2,000 donation, Brian purchased the to Chief Dennis Compton for his outstanding human being will be deeply missed. We can- Jaws of Life and was on hand to donate the leadership as Chairman of the National Fallen not rest until the violence stops. equipment to his local fire company in August. Firefighters Foundation. Madam Speaker, I ask my colleagues to join Brian’s dedication to supporting our commu- f me in honoring the life of Jennifer Schlecht, nity’s first responders, especially his local fire IN RECOGNITION OF JENNIFER remembering her deep dedication to the rights company, is a tremendous example to us all. SCHLECHT of women and girls around the world, and On behalf of the U.S. House of Representa- mourning the unjust and tragic loss of her and tives and the citizens of Pennsylvania’s Ninth HON. CAROLYN B. MALONEY her daughter. Congressional District, I ask my colleagues to join me in thanking Brian Lyons for his dedica- OF NEW YORK f tion to our first responders. IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION f Tuesday, December 10, 2019 Mrs. CAROLYN B. MALONEY of New York. HON. JOHN H. RUTHERFORD IN HONOR OF ROBERT M. Madam Speaker, I rise to pay tribute to Jen- OF FLORIDA RECHNITZ nifer Schlecht, a beloved and internationally IN THE HOUSE OF REPRESENTATIVES recognized public health expert. She worked Tuesday, December 10, 2019 HON. FRANK PALLONE, JR. tirelessly to ensure that women and girls—es- OF NEW JERSEY Mr. RUTHERFORD. Madam Speaker, I was pecially those living in crisis situations—had IN THE HOUSE OF REPRESENTATIVES unavailable due to delays in travel and missed access to medical care, including comprehen- Tuesday, December 10, 2019 sive sexual and reproductive health care. Ms. Roll Call Vote 655 and 656. Schlecht was an incredible mother and friend Had I been present, I would have voted Aye Mr. PALLONE. Madam Speaker, I rise today in addition to being a true leader in the repro- on Roll Call No. 655 and 656. to commemorate the life of Mr. Robert M. ductive health space. f Rechnitz. Mr. Rechnitz, a longtime resident of Ms. Schlecht was committed to bringing PERSONAL EXPLANATION the Locust section of Middletown, New Jersey, about a world where all women and girls could passed away on October 12, 2019 after a vi- exercise control over their bodies. She worked brant life filled with numerous professional and in Africa before returning home to New York in HON. SUSAN W. BROOKS personal accomplishments. 2001, where she earned a master’s degree OF INDIANA Robert (Bob) Rechnitz was a prominent from Columbia University’s Mailman School of IN THE HOUSE OF REPRESENTATIVES member of the community and a fixture of the Public Health. After graduating in 2004, she Tuesday, December 10, 2019 thriving arts and humanities landscape in Mon- began working at Harlem Hospital. Later, Ms. Mrs. BROOKS of Indiana. Madam Speaker, mouth County. As co-founder and executive Schlecht joined the Women’s Refugee Com- I was not present for the following Roll Call producer of Two River Theater, Bob was com- mission; where she gained a reputation as votes. Had I been present for them, l would mitted to providing an outlet for creative ex- both a women’s health expert and as some- have voted as follows: pression and a preeminent institution for the one who was razor sharp, fun, and unfailingly Roll Call No. 655 on H.R. 4761–DHS Opioid public to enjoy. In addition to his extensive kind. Mrs. Schlecht joined the UN Foundation Detection Resilience Act of 2019–YEA, and background and work in theater, Bob was an (UNF) Family Planning 2020 team as Senior Roll Call No. 656 on H.R. 4739–Synthetic esteemed educator, stalwart preservationist Advisor for Emergency Preparedness and Re- Opioid Exposure Prevention and Training Act– and dedicated philanthropist. He lived his life sponse and quickly became a go-to expert on YEA. in service to his community and his achieve- ments and generosity have been recognized addressing the needs of women and girls in f crisis. Her leadership in the field was recog- by many awards and tributes over the years. nized by her colleagues at UNF and profes- PERSONAL EXPLANATION His love of nature and the theater and his sionals from partner organizations around the commitment to social and humanitarian world. HON. BLAINE LUETKEMEYER causes left an indelible impact on the commu- Beyond her expertise, she was a treasured OF MISSOURI nity. From his support of the Monmouth Con- colleague, bringing her warmth and generosity IN THE HOUSE OF REPRESENTATIVES servation Foundation and Monmouth Univer- to work every day. Amidst all her commit- sity to his contributions to Monmouth Medical ments, she somehow found time to also be- Tuesday, December 10, 2019 Center and Riverview Medical Center, to come a certified counselor, get married, buy a Mr. LUETKEMEYER. Madam Speaker, I name just a few, his philanthropic endeavors home in Harlem, and have a daughter, was unable to be present for votes on Mon- will benefit generations to come. Abaynesh. Her energy and her clear-eyed day, December 9, 2019 due to an important Bob leaves behind a loving family, including drive to improve the world around her were meeting with constituents in my District. his devoted wife and partner Joan, their chil- boundless. Had I been present, I would have voted dren Emily, Adam and Joshua, son-in-law The same warmth that engendered her YEA on Roll Call No. 655, and YEA on Roll John Paladino, daughter-in-law Elizabeth commitment to women and girls globally was Call No. 656. Fordi, grandchildren Max and Flora Paladino

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10DE8.003 E10DEPT1 dlhill on DSKBBY8HB2PROD with REMARKS E1570 CONGRESSIONAL RECORD — Extensions of Remarks December 10, 2019 and Esme Rechnitz, as well as many dear His kids say he would brag about the Cadillac a line drive which would put his well past the friends and colleagues. convertible that he drove around when he first shot of his competitors. Madam Speaker, I sincerely hope that my started dating his wife, Dolly. He was similarly Eddie is also a person that shares his good colleagues will join me in honoring Robert M. forever sharply dressed and always had to fortunes in life. Besides taking his friends to Rechnitz for his devotion to his family and his wear a nice tie, shoes buffed, and pocket the Texas Rangers games, he was also instru- immeasurable contributions to the greater square peeking out. mental in several projects around Fort Worth. Monmouth County community. The love Al had for his wife, Dolly, was in- He established the Woodhaven Neighborhood f describable. Dolly was his soulmate and their Golf Association’s annual golf tournament, 66 years together was as Dolly would say, ‘‘an proving scholarships for local high school stu- RECOGNIZING CLEARLY LOVED experience of love and life.’’ From the day dents in Fort Worth. He also helped his wife PETS AND BOCA KITCHENS & they met when she was 15 years old, there Bette raise funds to construct a clock tower BATHS was no one else for him. It is truly amazing and research library—East Regional Library of how much he loved her. In his eyes she was Fort Worth—which I had the pleasure of sup- HON. THEODORE E. DEUTCH the most beautiful woman in the world and he porting during my time as Mayor of Fort OF FLORIDA never stopped thinking that until the day he Worth. IN THE HOUSE OF REPRESENTATIVES died. On behalf of Texas’ 12th Congressional Dis- Coaching was a big thing for Al. He loved trict, I offer my congratulations and best wish- Tuesday, December 10, 2019 teaching the fundamentals of baseball and es on this special occasion. Mr. DEUTCH. Madam Speaker, I rise today football and instilling a winning attitude. One f to recognize Wayne and Julie Huthmaker of thing that separated Al as a coach and person Clearly Loved Pets and Gloria Duran and was that he would always look after the more RECOGNIZING LIEUTENANT COM- Shuky Conroyd of Boca Kitchens & Baths. disadvantaged kids. He felt that he could MANDER CHRISTOPHER These two small businesses have been se- make a difference. RAGSDALE lected as this year’s SCORE of South Palm Big Al loved his children and grandchildren. Beach Small Businesses of the Year. Alan, or Pappy as he was fondly called, was HON. ROBERT J. WITTMAN SCORE is a nationwide nonprofit organiza- also known to give a few dollars each time he OF VIRGINIA tion dedicated to helping small business get saw his grandchildren. His grandkids always IN THE HOUSE OF REPRESENTATIVES started, grow, and achieve their goals. They knew that they had a friend and fan in Pappy Tuesday, December 10, 2019 provide free mentoring and tools and offer Alan—and that he was always ready to offer workshops on vital business issues. The a knuckle sandwich. Mr. WITTMAN. Madam Speaker, I rise South Palm Beach Chapter has twice been Alan had many loves and many opinions, today to recognize those men and women voted the No. 1 Chapter in America. but above all, he loved his family. I am very who continue to serve this great Nation with Clearly Loved Pets has created a patent- blessed to be a great friend of his son, Robert. honor—men such as Lieutenant Commander pending clear enclosure for pets designed to My deep condolences go out to Alan’s family (LCDR) Christopher Ragsdale, United States decrease stress and improve aesthetics in and to everyone whose lives he touched. We’ll Navy. your home. Boca Kitchens & Baths is a full in- miss Alan. For the past year, LCDR Ragsdale served terior design-build team that offers numerous f on my staff as a Congressional Defense Fel- professional services and designs. These two low. A 2007 graduate of the United States businesses represent the myriad of high-qual- MR. EDDIE ROBINSON BIRTHDAY Naval Academy, LCDR Flynn is a proud Sur- ity products and services provided by small RECOGNITION face Warfare Officer who served in MCM businesses in our community. Crew BULWARK and onboard USS Comstock Please join me in congratulating Clearly HON. KAY GRANGER (LSD–45) and USS Benfold (DDG–65). During Loved Pets and Boca Kitchens & Baths on OF TEXAS his assignment in my office, LCDR Ragsdale their success and well-deserved recognitions. IN THE HOUSE OF REPRESENTATIVES provided senior-level input for defense, vet- f erans, foreign affairs and intelligence matters. Tuesday, December 10, 2019 Additionally, he executed his work as a liaison REMEMBERING THE LIFE OF ALAN Ms. GRANGER. Madam Speaker, I rise to the constituents ofVirginia’s First Congres- BARRY WOLF today to recognize Mr. Eddie Robinson who is sional District with distinction. celebrating his 99th birthday on December 15, Furthermore, LCDR Ragsdale provided ex- HON. TIM RYAN 2019. ceptional support to me as a staff liaison to OF OHIO Eddie was born William Edward Robinson in the House Armed Services Committee in my IN THE HOUSE OF REPRESENTATIVES Paris, Texas in 1920. He is best known for his role as the Seapower and Projection Forces 13-year Major League Baseball playing career Subcommittee Ranking Member. LCDR Tuesday, December 10, 2019 from 1942 to 1957. During that time, he also Ragsdale dutifully provided me with guidance Mr. RYAN. Madam Speaker, I rise today to served three years in the U.S. Navy, and mar- on what the Navy’s path forward should be in honor the life of Alan ‘‘Big Al’’ Wolf, originally ried the love of his life, Bette, in 1955. critical areas such as training, readiness, and of Malden, Massachusetts, who passed away Eddie has what is described as charisma. It manning. His recent experience in the surface on October 26, 2019 at the age of 86. starts with an infectious smile that is always community was invaluable to my work in Con- Big Al’s family would describe him as a sim- there for every story he tells and those he gress. ple man—not in a small way, but in a grand hears. He can remember the smallest detail As the Co-Chair of the Congressional Ship- way. He was soft spoken, but you always that makes everyone lean forward in their building Caucus and the Co-Chair of the heard him clearly. He said few words, but he chairs to make sure they hear every word. Navy-Marine Corps Caucus, I relied on LCDR always got his point across. Eddie is constantly telling stories from his Ragsdale to organize quarterly events with Alan grew up in the Boston suburb of Major League Baseball days that thrill the government, military, and private sector lead- Malden, son to Joseph and Florence, and hearts and minds of his listeners. He is such ers. These events allowed key decisionmakers brother to his sister Barbara. The family had a a gifted story teller it is as if we are all reliving to work together for the advancement of our house right on the beach near an amusement the times of his ‘‘Boys of Summer’’ baseball future Naval Officers as well as the construc- park and boardwalk. It was here where his days. tion and repair of the ships on which they will family shared so many weekends, events, and His more humorous side sometimes comes serve. summer barbecues. Alan worked in the family out with stories that he would never tell in LCDR Ragsdale also directly contributed to business at Wolf Syrup Corp. His family al- public but shares with his close breakfast my goal of providing excellent constituent ways took so much pride knowing their Dad’s group known as ‘‘The Eastside Mafia’’. Eddie service to the people of the First District. He syrup was in the soda fountains at the local particularly loves telling stories of his days was responsible for bringing numerous con- lunch counters and pharmacies they went to playing golf at Woodhaven Country Club in stituent inquiries to a successful conclusion, around Boston. Fort Worth. It has been said that he was al- and he leveraged his personal and operational Big Al was never a materialistic guy and ways so complimentary of a fellow’s drive by experience in the Navy to respond to the most only cared about a few things. He always had saying, ‘‘Man what a beautiful drive!’’, only to challenging inquiries. In addition to his efforts to drive a nice car—never flashy, but classy. follow up with his famous baseball trajectory of locally, LCDR Ragsdale took on projects with

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10DE8.009 E10DEPT1 dlhill on DSKBBY8HB2PROD with REMARKS December 10, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E1571 regional, state, and national implications, dem- look back proudly on her achievements and I continuing to work with you as this measure onstrating his ability to view a challenge from wish her all the best in the years to come. moves through the legislative process. many angles and develop innovative solutions. Sincerely, JOHN YARMUTH, LCDR Ragsdale’s work ethic, duty to mis- f Chairman. sion, and commitment to servant leadership is without equal. I believe that his personal drive SUSTAINABLE CHEMISTRY RE- f to achieve excellence in his work has and will SEARCH AND DEVELOPMENT JUMP, LITTLE CHILDREN set a very high standard for his peers. I would ACT OF 2019 also like to thank LCDR Ragsdale for the serv- SPEECH OF HON. JOE CUNNINGHAM ice and sacrifice he has made, and continues OF SOUTH CAROLINA to make, both for our Nation and our great HON. EDDIE BERNICE JOHNSON IN THE HOUSE OF REPRESENTATIVES Navy. His impeccable integrity, boundless OF TEXAS Tuesday, December 10, 2019 work ethic, and loyal devotion to duty earned IN THE HOUSE OF REPRESENTATIVES him the respect and admiration of my staff and Mr. CUNNINGHAM. Madam Speaker, I rise the First District of Virginia. I have no doubt Monday, December 9, 2019 today to honor one of the greatest musical that LCDR Ragsdale will continue to serve the Ms. JOHNSON of Texas. Mr. Speaker, I in- acts to ever come out of Charleston, South Carolina, Jump, Little Children. Navy honorably and with distinction. clude in the RECORD an exchange of cor- Since their early days busking on the corner I wish Chris and his wife Andrea the best of respondence between myself and Chairman of Church and Market Streets twenty-five luck as they continue their journey together as JOHN YARMUTH acknowledging the Committee years ago, Jump has earned a substantial and a Navy family. It was an honor and a pleasure on the Budget’s jurisdiction over provisions in loyal fan base that has followed them through- having Chris serve on my staff. We all can H.R. 2051, the Sustainable Chemistry Re- out the country, supporting their nine records sleep soundly at night knowing that members search and Development Act of 2019. and EPs, and literally thousands of energetic of our all-volunteer force like Chris stand HOUSE OF REPRESENTATIVES, COM- concerts that keep us showing up whenever ready to defend our country and take the fight MITTEE ON SCIENCE, SPACE, AND they Come Around. to our enemies; far away from their families TECHNOLOGY, No matter where you hear a Jump song, and the comforts of the United States of Washington, DC, November 25, 2019. Chairman JOHN YARMUTH, you can Close Your Eyes and picture yourself America. back in the old Charleston Cathedrals of the I thank LCDR Christopher Ragsdale for Committee on the Budget, House of Representatives, Washington, DC. raucous Music Farm after Midnight or the doing a fantastic job. Best of luck to him and DEAR CHAIRMAN YARMUTH: I am writing to Quiet Dock Street Theater during the Holi- may God bless him, his family, and all the you concerning H.R. 2051, the ‘‘Sustainable days. Those were special days for so many of Sailors he is charged with leading. Chemistry Research and Development Act of us in Charleston. f 2019,’’ which was referred to the Committee After The Dim and the Dark of a nearly ten on Science, Space, and Technology on April year hiatus, Jump returned to the stage to re- RECOGNIZING BEVERLY ‘‘BEV’’ 3, 2019. MASON, USDA—RURAL DEVELOP- mind us all how much we love their music, I appreciate your willingness to work coop- their personalities, and their shows. And how MENT eratively on this bill. I recognize that the bill contains provisions that fall within the grateful we are they did. jurisdiction of the Committee on the Budget. And before we all Say Goodnight to this HON. ANN M. KUSTER I acknowledge that your Committee will band, whenever that may be, the United OF NEW HAMPSHIRE waive further consideration of H.R. 2051 and States Congress wishes many more years of IN THE HOUSE OF REPRESENTATIVES that this action is not a waiver of future ju- Jump, Little Children, along with the music Tuesday, December 10, 2019 risdictional claims by the Committee on the and memories they create. From Charleston, Budget over this subject matter. South Carolina, to Washington, D.C., to the Ms. KUSTER of New Hampshire. Madam I will make sure to include our exchange of Rains in Asia, and the Green Fields of Can- Speaker, I rise today in recognition of Beverly letters in the Congressional Record and leg- ada, all the way to Mexico, Jump, Little Chil- ‘‘Bev’’ Mason’s nearly four decades of service islative reports. Thank you for your coopera- dren has left an indelible mark on this world, with the United States Department of Agri- tion on this legislation. Sincerely, one that will never be forgotten. culture’s Rural Development Program (USDA– Because of them their music will forever be RD). Bev will be retiring this month after 38 EDDIE BERNICE JOHNSON, Chairwoman. a part of the soundtrack for the city we all years of serving our Granite State commu- love. nities. HOUSE OF REPRESENTATIVES, Congratulations on 25 years. Here’s to 25 Bev began her career as a technician with COMMITTEE ON THE BUDGET, more. the Farmers Home Administration (FHMA), Washington, DC, November 26, 2019. f now known as USDA—Rural Development. Chairwoman EDDIE BERNICE JOHNSON, Later, she held the positions of County Super- Committee on Science, Space, and Technology, INTRODUCTION OF THE NEW WAY visor, Administrative Program Director, and re- House of Representatives, Washington, DC. FORWARD ACT tires as the New Hampshire Area Director. DEAR CHAIRWOMAN JOHNSON: I write to con- As Area Director, Bev has been responsible firm our mutual understanding regarding HON. JESU´ S G. ‘‘CHUY’’ GARCI´A H.R. 2051, the Sustainable Chemistry Re- OF ILLINOIS for the Home Ownership Program and single- search and Development Act of 2019. H.R. family housing through USDA–RD. She has 2051 contains provisions that fall within the IN THE HOUSE OF REPRESENTATIVES worked with thousands of families, assisting rule X jurisdiction of the Committee on the Tuesday, December 10, 2019 with developing and understanding an individ- Budget. However, the Committee agrees to Mr. GARCIA of Illinois. Madam Speaker, I ual’s financial profile and developing budget waive formal consideration of the bill. rise today to support the New Way Forward plans to enable hard-working Granite Staters The Committee on the Budget takes this action with the mutual understanding that, Act. to realize the dream of home ownership. For too long, unjust, anti-immigrant laws in- In addition, Bev has worked directly with in doing so, we do not waive any jurisdiction over the subject matter contained in this or cluding racialized laws dating back to the many of our state’s communities and non- similar legislation, and that the Committee 1920s criminalizing migration and the 1996 profits to address the needs of rural New will be appropriately consulted and involved laws that entangle our civil immigration system Hampshire. She has assisted with Water and as the bill or similar legislation moves for- with our broken criminal legal system have led Environmental Program Loans as well as ward so that we may address any remaining to overly harsh punishments and the mass Community Facility Loans and Grants to ad- issues within our jurisdiction. The Com- criminalization of immigrants. vance infrastructure and economic develop- mittee also reserves the right to seek ap- These laws have resulted in mass incarcer- ment profiles. pointment to any House-Senate conference ation and deportations, separation of families, On behalf of my constituents across New convened on this legislation or similar legis- lation and requests your support if such a re- stripping people of due process and exacer- Hampshire’s Second Congressional District, I quest is made. bating racial animus in both our immigration commend Beverly Mason for her dedication to Thank you for agreeing to include our ex- and criminal legal systems. our Granite State’s rural communities. We owe change of letters in the Congressional We must end the labels of the ‘good’ versus her a debt of gratitude and express our heart- Record. I appreciate your cooperation re- ‘bad’ immigrant used to dehumanize and di- felt thanks for her years of service. She should garding this legislation and look forward to vide communities.

VerDate Sep 11 2014 07:37 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10DE8.011 E10DEPT1 dlhill on DSKBBY8HB2PROD with REMARKS E1572 CONGRESSIONAL RECORD — Extensions of Remarks December 10, 2019 At this moment in history, we are called to PERSONAL EXPLANATION and defrauded by bad actors preying on these uphold our values of compassion, common seniors. News reports have detailed shocking humanity, and racial justice. HON. ERIC A. ‘‘RICK’’ CRAWFORD cases of people being fleeced in my district, I am proud to introduce the New Way For- OF ARKANSAS and across the country. ward Act to disrupt the prison to deportation IN THE HOUSE OF REPRESENTATIVES I am committed to putting a stop to this pipeline, give all immigrants the dignity of due abuse. One step we can take at the federal process, and ensure America remains a nation Tuesday, December 10, 2019 level today to help correct an aspect of this that welcomes all. Mr. CRAWFORD. Madam Speaker, I was problem is addressed through this legislation. The bill corrects racial and anti-immigrant in- absent on December 9, 2019, due to a family Under current law, when a guardian has a justices embedded in our immigration laws, matter. Had I been present, I would have ward removed from their care by a court for many of which have enabled the Trump Ad- voted YES on Roll Call H.R. 655, H.R. 4761— cause, that information is not necessarily ministration’s inhumane assault on non-citi- the DHS Opioid Detection Resilience Act, and transmitted to the Social Security Administra- zens in the United States and at our southern YES on Roll Call No. 656, H.R. 4739—the tion. In some cases, guardians removed for border. Synthetic Opioid Exposure Prevention and cause may still be allowed to represent the Our communities deserve dignity, restora- Training Act. ward’s interests with the Social Security Ad- tion and repair, not further criminalization. f ministration, and therefore be receiving and administering their federal benefits in per- It’s time for a new vision for the future and COMMEMORATING THE 150TH ANNI- for our immigration system. It’s time for a New petuity. VERSARY OF WOMEN’S SUF- Today, I, along with my distinguished col- Way Forward. FRAGE IN WYOMING I urge this body to support and pass this bill. leagues, the gentlemen from Florida (Mr. SOTO and Mr. BILIRAKIS), are introducing the f HON. LIZ CHENEY ‘‘Senior Guardianship Social Security Protec- OF WYOMING tion Act.’’ Under this bipartisan bill, state PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES courts would be required to notify the Social Security Administration (SSA) when a guard- Tuesday, December 10, 2019 HON. VICKY HARTZLER ian has their adult ward removed for cause. Ms. CHENEY. Madam Speaker, I rise today SSA would then remove the former guardian OF MISSOURI to commemorate and celebrate the 150th an- as the ward’s representative payee, closing a IN THE HOUSE OF REPRESENTATIVES niversary of women securing the right to vote point of vulnerability for the ward. By directing Tuesday, December 10, 2019 in Wyoming. open lines of communication between state Today marks the 150th anniversary of Wyo- Mrs. HARTZLER. Madam Speaker, on Mon- courts and SSA, we can help better protect ming becoming the first in the nation to grant day, December 9, 2019, I was unable to vote. our seniors from predatory actors. women the right to vote and hold elected of- Had I been present, I would have voted as fol- f fice. Nicknamed the Equality State, Wyoming lows: on roll call no. 655: YEA, and on roll call prides itself on being the first state to elect a PERSONAL EXPLANATION no. 656: YEA. female governor. Wyoming was the first state to appoint a woman to public office when Es- f HON. DARREN SOTO ther Hobart Morris—whose statue can be OF FLORIDA PERSONAL EXPLANATION found here in the Capitol’s Statuary Hall Col- IN THE HOUSE OF REPRESENTATIVES lection—was appointed Justice of the Peace in Tuesday, December 10, 2019 Sweetwater County. Wyoming was invited to HON. STEVEN M. PALAZZO join the Union on the condition that women’s Mr. SOTO. Madam Speaker, due to unfore- OF MISSISSIPPI suffrage was revoked, but in true Wyoming seen travel delays, I unfortunately missed the IN THE HOUSE OF REPRESENTATIVES fashion our legislature refused, waiting until votes for December 9, 2019. Tuesday, December 10, 2019 1890 to become the 44th state. I am incredibly Had I been present, I would have voted proud to call Wyoming home, and continue the ‘‘yea’’ on Roll Call No. 655 and ‘‘yea’’ on Roll Mr. PALAZZO. Madam Speaker, due to a tradition of women holding elected office in our Call No. 656. rescheduled flight I was unable to attend state. f votes. Again, Madam Speaker, I want to celebrate TAX COMPLEXITY ANALYSIS ON Had I been present, I would have voted the 150th anniversary of Women’s Suffrage in H.R. 3 YEA on Roll Call No. 655, and YEA on Roll Wyoming, and honor those Wyoming women Call No. 656. who paved the way for women across the na- tion. HON. RICHARD E. NEAL f f OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION INTRODUCTION OF SENIOR GUARD- IANSHIP SOCIAL SECURITY PRO- Tuesday, December 10, 2019 HON. WILLIAM R. KEATING TECTION ACT Mr. NEAL. Madam Speaker, I would like to OF MASSACHUSETTS include in the RECORD the following Tax Com- plexity Analysis statement on the report to IN THE HOUSE OF REPRESENTATIVES HON. CHARLIE CRIST H.R. 3 filed by the House Committee on Ways OF FLORIDA Tuesday, December 10, 2019 and Means: IN THE HOUSE OF REPRESENTATIVES Mr. KEATING. Madam Speaker, due to Section 4022(b) of Pub. L. No. 105–266, the flight delays, I was unable to participate during Tuesday, December 10, 2019 Internal Revenue Service Restructuring and Monday vote series, which included two crit- Mr. CRIST. Madam Speaker, state courts Reform Act of 1998 (the ‘‘RRA’’), requires the ical pieces of legislation addressing opioid pre- staff of the Joint Committee on Taxation (in usually appoint a guardian for an individual consultation with the Internal Revenue vention, detection, and resilience. With my ex- that a judge has determined lacks the capacity Service and the Treasury Department) to tensive background addressing the opioid epi- to make important decisions regarding their provide a tax complexity analysis. The com- demic and as a member of the House Con- life or property. When state courts appoint plexity analysis is required for all legislation gressional Caucus on Prescription Drug guardians, older adults often forfeit some or all reported by the Senate Committee on Fi- Abuse, I believe H.R. 4761 and H.R. 4739 of their decision-making powers, including the nance, the House Committee on Ways and contain crucial mechanisms to further support right to sign contracts, vote, marry or divorce, Means, or any committee of conference if the the U.S. Customs and Border Protection’s ef- buy or sell real estate, decide where to live, or legislation includes a provision that directly fort in analyzing synthetic opioids in a safe, ef- or indirectly amends the Internal Revenue make basic decisions about their healthcare. Code of 1986 and has widespread applicability fective, and efficient manner. In recent years, state-based guardianship to individuals or small businesses. Had I been present, I would have voted programs, such as the one in Florida, have Pursuant to clause 3(h)(1) of rule XIII of YEA on Roll Call No. 656, and YEA on Roll been exposed as lacking the necessary con- the Rules of the House of Representatives, Call No. 655. trols to prevent seniors from being exploited the staff of the Joint Committee on Taxation

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HIGHLIGHTS Senate passed S. 2740, Over-the-Counter Monograph Safety, Innovation, and Reform Act. Senate and Christina H. Koch for the historic accomplish- Chamber Action ment of completing the first all-female spacewalk. Routine Proceedings, pages S6909–S6956 Page S6956 Measures Introduced: Twelve bills and four resolu- VanDyke Nomination—Agreement: Senate re- tions were introduced, as follows: S. 3003–3014, and sumed consideration of the nomination of Lawrence S. Res. 449–452. Pages S6949–50 VanDyke, of Nevada, to be United States Circuit Judge for the Ninth Circuit. Pages S6920, S6930–43 Measures Reported: During consideration of this nomination today, S. 1342, to require the Under Secretary for Oceans Senate also took the following action: and Atmosphere to update periodically the environ- By 53 yeas to 40 nays (Vote No. EX. 388), Senate mental sensitivity index products of the National agreed to the motion to close further debate on the Oceanic and Atmospheric Administration for each nomination. Page S6920 coastal area of the Great Lakes, with an amendment. A unanimous-consent agreement was reached pro- (S. Rept. No. 116–170) Page S6949 viding for further consideration of the nomination, Measures Passed: post-cloture, at approximately 9:30 a.m., on Wednesday, December 11, 2019; and that all time Over-the-Counter Monograph Safety, Innovation, during recess, adjournment, morning business, and and Reform Act: By 91 yeas to 2 nays (Vote No. Leader remarks count post-cloture on the nomina- 389), Senate passed S. 2740, to amend the Federal tion. Page S6956 Food, Drug, and Cosmetic Act to clarify the regu- latory framework with respect to certain nonprescrip- Nomination Confirmed: Senate confirmed the fol- tion drugs that are marketed without an approved lowing nomination: By 53 yeas to 40 nays (Vote No. EX. 387), Pat- new drug application. Pages S6921–30 rick J. Bumatay, of California, to be United States Virginia Beach Strong Act: Pursuant to the order Circuit Judge for the Ninth Circuit. Pages S6910–20 of November 21, 2019, and the text being identical Nomination Discharged: The following nomina- to S. 2592, Senate passed H.R. 4566, to accelerate tion were discharged from further committee consid- the income tax benefits for charitable cash contribu- eration and placed on the Executive Calendar: tions for the relief of the families of victims of the Sean O’Donnell, of Maryland, to be Inspector mass shooting in Virginia Beach, Virginia, on May General, Environmental Protection Agency, which 31, 2019. Page S6956 was sent to the Senate on October 15, 2019, from Historically Black colleges and universities and the Senate Committee on Homeland Security and other minority-serving institutions funding: Senate Governmental Affairs. Page S6956 passed H.R. 5363, to reauthorize mandatory funding Messages from the House: Page S6947 programs for historically Black colleges and univer- Measures Referred: Pages S6947–48 sities and other minority-serving institutions. Page S6956 Measures Read the First Time: Page S6948 Congratulating astronauts Dr. Jessica U. Meir Executive Communications: Pages S6948–49 and Christina H. Koch: Senate agreed to S. Res. Executive Reports of Committees: Page S6949 451, congratulating astronauts Dr. Jessica U. Meir Additional Cosponsors: Pages S6950–52 D1347

VerDate Sep 11 2014 07:04 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10DE9.REC D10DEPT1 dlhill on DSKBBY8HB2PROD with DIGEST D1348 CONGRESSIONAL RECORD — DAILY DIGEST December 10, 2019 Statements on Introduced Bills/Resolutions: IMO 2020 MARINE SULFUR STANDARD Pages S6952–55 Committee on Energy and Natural Resources: Committee Additional Statements: Page S6946 concluded a hearing to examine the upcoming im- Authorities for Committees to Meet: Page S6955 plementation of the International Maritime Organi- zation’s new global sulfur standard for marine fuels, Privileges of the Floor: Page S6955 which is set to take effect on January 1, 2020, after Record Votes: Three record votes were taken today. receiving testimony from Linda Capuano, Adminis- (Total—389) Pages S6920–21 trator, Energy Information Agency, Department of Adjournment: Senate convened at 10 a.m. and ad- Energy; and John W. Butler, World Shipping Coun- journed at 6:30 p.m., until 9:30 a.m. on Wednes- cil, Derrick Morgan, American Fuel and Petro- day, December 11, 2019. (For Senate’s program, see chemical Manufacturers, Neelesh Nerurkar, the remarks of the Majority Leader in today’s Record ClearView Energy Partners, LLC, and Jamie Web- on page S6956.) ster, Boston Consulting Group, all of Washington, D.C. Committee Meetings ENCRYPTION AND LAWFUL ACCESS Committee on the Judiciary: Committee concluded a (Committees not listed did not meet) hearing to examine encryption and lawful access, fo- BUSINESS MEETING cusing on evaluating benefits and risks to public safety and privacy, after receiving testimony from Committee on Banking, Housing, and Urban Affairs: Cyrus R. Vance, Jr., New York County District At- Committee ordered favorably reported the nomina- torney, New York, New York; Matt Tait, University tions of Mitchell A. Silk, of New York, to be an As- of Texas Lyndon B. Johnson School of Public Affairs, sistant Secretary of the Treasury, Brian D. Mont- Austin; Erik Neuenschwander, Apple Inc., gomery, of Texas, to be Deputy Secretary, and David Cupertino, California; and Jay Sullivan, Facebook, Carey Woll, Jr., of Connecticut, and John Bobbitt, Menlo Park, California. of Texas, both to be an Assistant Secretary, all of the Department of Housing and Urban Development, U.S. COPYRIGHT OFFICE OVERSIGHT and Peter J. Coniglio, of Virginia, to be Inspector Committee on the Judiciary: Subcommittee on Intellec- General, Export-Import Bank. tual Property concluded an oversight hearing to ex- amine modernization of the United States Copyright SEC OVERIGHT Office, after receiving testimony from Carla Hayden, Committee on Banking, Housing, and Urban Affairs: Librarian of Congress, and Bernard A. Barton, Jr., Committee concluded an oversight hearing to exam- Chief Information Officer, both of the Library of ine the Securities and Exchange Commission, includ- Congress; and Jody A. Harry, Chief Financial Officer ing S. 945, to amend the Sarbanes-Oxley Act of and Acting Chief of Operations, United States Copy- 2002 to require certain issuers to disclose to the Se- right Office. curities and Exchange Commission information re- garding foreign jurisdictions that prevent the Public INTELLIGENCE Company Accounting Oversight Board from per- Select Committee on Intelligence: Committee held closed forming inspections under that Act, after receiving hearings on intelligence matters, receiving testimony testimony from Jay Clayton, Chairman, Securities from officials of the intelligence community. and Exchange Commission. Committee recessed subject to the call. h House of Representatives Report Filed: A report was filed today as follows: Chamber Action H. Res. 758, providing for consideration of the Public Bills and Resolutions Introduced: 15 pub- bill (H.R. 3) to establish a fair price negotiation pro- lic bills, H.R. 5374–5388; and 4 resolutions, H. gram, protect the Medicare program from excessive Res. 755–757, 759 were introduced. Pages H10015–16 price increases, and establish an out-of-pocket max- Additional Cosponsors: Pages H10016–17 imum for Medicare part D enrollees, and for other

VerDate Sep 11 2014 07:04 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10DE9.REC D10DEPT1 dlhill on DSKBBY8HB2PROD with DIGEST December 10, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D1349 purposes; providing for consideration of the bill development to U.S. Geological Survey research con- (H.R. 5038) to amend the Immigration and Nation- ducted under H.R. 729; Page H9994 ality Act to provide for terms and conditions for Katko amendment (No. 9 printed in H. Rept. nonimmigrant workers performing agricultural labor 116–330) that provides grant eligibility under H.R. or services, and for other purposes; and providing for 729 to projects that assess the impact of water level consideration of the conference report to accompany regulating practices on the Great Lakes on coastal re- the bill (S. 1790) to authorize appropriations for fis- siliency; Pages H9994–95 cal year 2020 for military activities of the Depart- Case en bloc amendment No. 1 consisting of the ment of Defense, for military construction, and for following amendments printed in H. Rept. defense activities of the Department of Energy, to 116–330: Hastings (No. 1) that expands the list of prescribe military personnel strengths for such fiscal eligible activities for the award of Coastal Climate year, and for other purposes (H. Rept. 116–334). Change Adaptation Project Implementation Grants Page H10014 to include projects to address the immediate and Speaker: Read a letter from the Speaker wherein she long-term degradation or loss of coral and coral reefs; appointed Representative Cuellar to act as Speaker Hastings (No. 2) that includes coral reefs as eligible under the National Fish Habitat Conservation pro tempore for today. Page H9953 Through Partnerships program; Morelle (No. 3) that Recess: The House recessed at 10:15 a.m. and re- ensure that up to 5 percent of the funds appro- convened at 12 noon. Page H9954 priated under this section will be used by the Sec- Suspensions: The House agreed to suspend the rules retary to provide technical assistance, which will and pass the following measures: help accelerate early-stage resources and planning as- Television Viewer Protection Act of 2019: H.R. sistance for communities; McEachin (No. 5) that in- cludes communities that may not have the resources 5035, amended, to amend the Communications Act necessary to prepare for or respond to coastal hazards of 1934 to extend expiring provisions relating to the to the list of priority areas the NOAA Administrator retransmission of signals of television broadcast sta- shall consider when determining living shoreline tions; and Pages H9960–61 projects to receive federal grants; these communities Fostering Undergraduate Talent by Unlocking include low-income communities, communities of Resources for Education Act: H.R. 5363, amended, color, Tribal communities, and rural communities; to reauthorize mandatory funding programs for his- Lipinski (No. 7) that requires that climate change torically Black colleges and universities and other adaptation plans for Great Lakes coastal states shall minority-serving institutions, by a 2/3 yea-and-nay include adaptive management strategies for Great vote of 319 yeas to 96 nays, Roll No. 659. Lakes ecosystems and resources; Moore (No. 10) that Pages H9961–67, H9969 amends the Climate Change Adaption program to Recess: The House recessed at 12:51 p.m. and re- add invasive species as a target of the adaptive man- convened at 12:59 p.m. Page H9961 agement strategies to be included in the plans and to require such proposals to describe how they will Tribal Coastal Resiliency Act: The House passed involve and address concerns regarding the impact of H.R. 729, to amend the Coastal Zone Management climate change in coastal communities on nearby Act of 1972 to authorize grants to Indian Tribes to tribes and low-income and low-resource commu- further achievement of Tribal coastal zone objectives, nities; Moore (No. 11) that amends the Living by a yea-and-nay vote of 262 yeas to 151 nays, Roll Shoreline Grant Program to require plans to include No. 667. Pages H9956–60, H9969–H10005 an education and outreach component for the com- Pursuant to the Rule, an amendment in the na- munity stakeholders most affected by the proposal ture of a substitute consisting of the text of Rules and to add tribes and tribal organizations to the list Committee Print 116–40 shall be considered as that the Administrator may consult with in devel- adopted in the House and in the Committee of the oping program standards; Higgins (NY) (No. 13) Whole. Pages H9978–89 that directs USGS research to include the impacts of Agreed to: harmful algal blooms, nutrient pollution, and dead Huizenga amendment (No. 6 printed in H. Rept. zones on Great Lakes fisheries; Speier (No. 15) that 116–330) that requires no less than 10 percent of specifies that ‘‘built and natural environments’’ in the funds awarded under the Living Shoreline grant terms of infrastructure would include sea walls and program be available to projects located within the living shorelines; Bonamici (No. 16) that adds Great Lakes; Pages H9993–94 studying coastal acidification and hypoxia as allow- Katko amendment (No. 8 printed in H. Rept. able activities through the Coastal Climate Change 116–330) that adds research on harmful algal bloom Adaptation Project Implementation Grant program;

VerDate Sep 11 2014 07:04 Dec 11, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10DE9.REC D10DEPT1 dlhill on DSKBBY8HB2PROD with DIGEST D1350 CONGRESSIONAL RECORD — DAILY DIGEST December 10, 2019 Bonamici (No. 17) that directs NOAA to enter into fectively between such entities (by a recorded vote of an agreement with the National Academy of Sciences 389 ayes to 29 noes, Roll No. 663); to assess the need for and feasibility of establishing Pages H9996, H10002 an Advanced Research Projects Agency-Oceans Mucarsel-Powell amendment (No. 23 printed in (ARPA–O); Kildee (No. 18) that requires NOAA to H. Rept. 116–330) that ensures that corals are in- update the Environmental Sensitivity Index for the cluded as a natural element eligible for grants pro- Great Lakes every seven years; Plaskett (No. 19) that vided for by the Living Shoreline Grant Program (by permits a waiver of certain non-Federal contribution a recorded vote of 285 ayes to 134 noes, Roll No. requirements for a fish habitat conservation project 664); and Pages H9996–97, H10002–03 at the discretion of the Secretary; Jayapal (No. 20) Luria amendment (No. 26 printed in H. Rept. that amends the legislation to increase the member- 116–330) that directs NOAA to consider the poten- ship of the Fish Habitat Board by one seat to pro- tial of a living shoreline project to support the resil- vide an additional seat for tribal representation; iency of military communities when developing cri- Jayapal (No. 21) that amends the legislation to en- teria for grant applications (by a recorded vote of sure that grant funds awarded through the Living 368 ayes to 51 noes, Roll No. 665). Shoreline Grant Program may be used to incentivize Pages H9997, H10003 landowners to engage in living shoreline projects; Rejected: Jayapal (No. 22) that amends the legislation to en- Johnson (LA) amendment (No. 29 printed in H. sure that in developing minimum standards to be Rept. 116–330) that sought to amends the Marine used in selecting eligible entities to receive grants Mammal Protection Act of 1972 to limit the scope under the Living Shoreline Grant Program, the Ad- of the moratorium on taking and importing marine ministrator considers entities with systems to dis- mammals and marine mammal products, and revises burse funding from a single grant to support mul- the requirements for obtaining an authorization for tiple small-scale projects; Levin (MI) (No. 24) that incidentally taking by harassment marine mammals specifies avian habitat protection and restoration (by a recorded vote of 160 ayes to 259 noes, Roll projects as eligible activities to be considered for the No. 666). Pages H9997–99, H10004 Coastal Climate Change Adaptation Project Imple- H. Res. 748, the rule providing for consideration mentation grants in this bill; Rouda (No. 27) that of the bill (H.R. 729) was agreed to by a yea-and- adds a new section to the bill for a prize competition nay vote of 226 yeas to 189 nays, Roll No. 658, to stimulate innovation to advance coastal risk and after the previous question was ordered by a yea-and- resilience measures; and Rouda (No. 28) that adds a nay vote of 226 yeas to 188 nays, Roll No. 657. new section to the bill that would require the devel- Pages H9968–69 opment of a catalog of research on applicable coastal Tribal Coastal Resiliency Act—Motion to Recon- risk reduction and resilience measures (by a recorded sider: Representative Himes moved to reconsider the vote of 249 ayes to 166 noes, Roll No. 660); vote on passage of H.R. 729, to amend the Coastal Pages H9989–92, H10000 Zone Management Act of 1972 to authorize grants Brown (MD) amendment (No. 4 printed in H. to Indian Tribes to further achievement of Tribal Rept. 116–330) that authorizes the NOAA Admin- coastal zone objectives. Representative McCollum istrator to award grants to eligible entities for col- moved to table the motion to reconsider. Further laborative research projects on the conservation, res- proceedings were postponed. Page H10005 toration, or management of oysters in the Chesa- peake Bay (by a recorded vote of 235 ayes to 179 Recess: The House recessed at 7:16 p.m. and recon- noes, Roll No. 661); Pages H9992–93, H10000–01 vened at 9:04 p.m. Page H10014 Crist amendment (No. 12 printed in H. Rept. Quorum Calls—Votes: Four yea-and-nay votes and 116–330) that clarifies that Section 323, the Climate seven recorded votes developed during the pro- Change Adaptation Preparedness and Response Pro- ceedings of today and appear on pages H9968, gram, includes projects to address harmful algal H9968–69, H9969, H10000, H10000–01, blooms (by a recorded vote of 297 ayes to 121 noes, H10001–02, H10002, H10002–03, H10003, Roll No. 662); Pages H9995–96, H10001–02 H10004, and H10004–05. There were no quorum Panetta amendment (No. 14 printed in H. Rept. calls. 116–330) that adds a finding that collaborations and Adjournment: The House met at 10 a.m. and ad- partnerships between institutions of higher education journed at 9:05 p.m. and Federal agencies help ensure digital data focused on coastal management issues are communicated ef-

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EXAMINING CARCINOGENS IN TALC AND for division of the question. The rule waives all THE BEST METHODS FOR ASBESTOS points of order against the amendments printed in DETECTION Part B of the report. The rule provides one motion Committee on Oversight And Reform: Subcommittee on to recommit with or without instructions. The rule Economic and Consumer Policy held a hearing enti- provides for consideration of H.R. 5038, the ‘‘Farm tled ‘‘Examining Carcinogens in Talc and the Best Workforce Modernization Act of 2019’’, under a Methods for Asbestos Detection’’. Testimony was closed rule. The rule provides one hour of general heard from public witnesses. debate equally divided and controlled by the chair LOWER DRUG COSTS NOW ACT OF 2019; and ranking minority member of the Committee on FARM WORKFORCE MODERNIZATION ACT the Judiciary. The rule waives all points of order OF 2019; CONFERENCE REPORT TO against consideration of the bill. The rule provides ACCOMPANY THE NATIONAL DEFENSE that an amendment in the nature of a substitute AUTHORIZATION ACT FOR FISCAL YEAR consisting of the text of Rules Committee Print 2020 116–42, modified by the amendment printed in Part C of the Rules Committee report, shall be considered Committee on Rules: Full Committee held a hearing on as adopted and the bill, as amended, shall be consid- H.R. 3, the ‘‘Lower Drug Costs Now Act of 2019’’ ered as read. The rule waives all points of order [Elijah E. Cummings Lower Drug Costs Now Act of against provisions in the bill, as amended. The rule 2019]; H.R. 5038, the ‘‘Farm Workforce Moderniza- provides one motion to recommit with or without tion Act of 2019’’; and the Conference report to ac- instructions. The rule provides for consideration of company S. 1790, the ‘‘National Defense Authoriza- the conference report to accompany S. 1790, the tion Act for Fiscal Year 2020’’ (H. Rept. 116–333). ‘‘National Defense Authorization Act for Fiscal Year The Committee granted, by record vote of 8–3, a 2020’’. The rule waives all points of order against rule providing for consideration of H.R. 3, the the conference report and against its consideration. ‘‘Lower Drug Costs Now Act of 2019’’, H.R. 5038, the ‘‘Farm Workforce Modernization Act of 2019’’, The rule provides that the conference report shall be and the Conference report to accompany S. 1790, the considered as read. The rule provides one hour of de- ‘‘National Defense Authorization Act for Fiscal Year bate on the conference report, divided pursuant to 2020’’ (H. Rept. 116–333). The rule provides for clause 8(d) of rule XXII. The rule provides one mo- consideration of H.R. 3, the ‘‘Lower Drug Costs tion to recommit if applicable. The rule provides Now Act of 2019’’, under a structured rule. The rule that the chair of the Permanent Select Committee on provides four hours of general debate, with three Intelligence may insert in the Congressional Record hours equally divided among and controlled by the not later than December 13, 2019, such material as respective chairs and ranking minority members of he may deem explanatory of intelligence authoriza- the Committees on Education and Labor, Energy and tion measures for the fiscal years 2018, 2019, and Commerce, and Ways and Means, and one hour 2020. The rule provides that it shall be in order at equally divided and controlled by the Majority Lead- any time through the legislative day of December er and the Minority Leader or their respective des- 20, 2019, for the Speaker to entertain motions that ignees. The rule waives all points of order against the House suspend the rules as though under clause consideration of the bill. The rule provides that an 1 of rule XV, and that the Speaker or her designee amendment in the nature of a substitute consisting shall consult with the Minority Leader or his des- of the text of Rules Committee Print 116–41, modi- ignee on the designation of any matter for consider- fied by the amendment printed in Part A of the ation pursuant to this section. The rule waives the Rules Committee report, shall be considered as requirement of clause 6(a) of rule XIII for a two- adopted and the bill, as amended, shall be consid- thirds vote to consider a report from the Committee ered as read. The rule waives all points of order on Rules on the same day it is presented to the against provisions in the bill, as amended. The rule House with respect to any resolution reported makes in order only those further amendments print- through the legislative day of December 20, 2019. ed in Part B of the Rules Committee report. Each Section 7 of the rule provides that on any legislative such further amendment may be offered only in the day of the first session of the 116th Congress after order printed in the report, may be offered only by December 12, 2019: the Journal of the proceedings a Member designated in the report, shall be consid- of the previous day shall be considered as approved; ered as read, shall be debatable for the time specified and the Chair may at any time declare the House in the report equally divided and controlled by the adjourned to meet at a date and time to be an- proponent and an opponent, shall not be subject to nounced by the Chair in declaring the adjournment. amendment, and shall not be subject to a demand Section 8 of the rule provides that on any legislative

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Committee on Commerce, Science, and Transportation: busi- Speaker may appoint Members to perform the duties ness meeting to consider S. 2204, to allow the Federal of the Chair for the duration of the periods addressed Communications Commission to carry out a pilot pro- by sections 7 and 8. The rule provides that each day gram under which voice service providers could block cer- during the periods addressed by sections 7 and 8: tain automated calls, S. 2363, to amend the Communica- shall not constitute calendar days for the purposes of tions Act of 1934 to establish a Telecommunications section 7 of the War Powers Resolution; shall not Workforce Development Advisory Council within the constitute a legislative day for the purposes of clause Federal Communications Commission, S. 2381, to require review by the Government Accountability Office of 7 of rule XIII; and shall not constitute a legislative screening protocols of the Transportation Security Ad- day for the purposes of clause 7 of rule XV. Testi- ministration relating to breast milk and formula, S. 2638, mony was heard from Chairman Lofgren, Chairman to amend title 49, United State Code, to require small Scott of Virginia, Chairman Pallone, Chairman Neal, hub airports to construct areas for nursing mothers, S. Chairman Smith of Washington, and Representatives 2661, to amend the Communications Act of 1934 to des- Walden, Brady, Foxx, Doggett, Titus, Collins of ignate 9–8–8 as the universal telephone number for the Georgia, Newhouse, and Thornberry. purpose of the national suicide prevention and mental health crisis hotline system operating through the Na- tional Suicide Prevention Lifeline and through the Vet- RESEARCH AND INNOVATION TO erans Crisis Line, S. 2730, to establish and ensure an in- ADDRESS THE CRITICAL MATERIALS clusive transparent Drone Advisory Committee, S. 2786, CHALLENGE to establish a Federal advisory committee to provide pol- Committee on Science, Space, and Technology: Sub- icy recommendations to the Secretary of Transportation on positioning the United States to take advantage of committee on Energy held a hearing entitled ‘‘Re- emerging opportunities for Arctic maritime transpor- search and Innovation to Address the Critical Mate- tation, S. 2802, to amend the Marine Mammal Protection rials Challenge’’. Testimony was heard from public Act of 1972 to reauthorize and modify the John H. Pres- witnesses. cott Marine Mammal Rescue and Response Grant Pro- gram, S. 2881, to require the Federal Communications REVIEW OF THE SBA’S 504/CDC LOAN Commission to make not less than 280 megahertz of PROGRAM spectrum available for terrestrial use, S. 2898, to amend title 5, United States Code, to provide for a full annuity Committee on Small Business: Subcommittee on Inves- supplement for certain air traffic controllers, S. 2909, to tigations, Oversight and Regulations held a hearing extend the authority of the National Aeronautics and entitled ‘‘Review of the SBA’s 504/CDC Loan Pro- Space Administration to enter into leases of non-excess gram’’. Testimony was heard from public witnesses. property of the Administration, S. 2964, to amend title 49, United States Code, to extend the authority of the Secretary of Transportation to issue non-premium aviation insurance, S. 2979, to improve drug testing for transpor- Joint Meetings tation-related activities, and S. 2981, to reauthorize and amend the National Oceanic and Atmospheric Adminis- NATIONAL DEFENSE AUTHORIZATION tration Commissioned Officer Corps Act of 2002; to be ACT immediately followed by a hearing to examine the nomi- On Monday, December 9, 2019, Conferees agreed nation of Thomas B. Chapman, of Maryland, to be a to file a conference report on the differences between Member of the National Transportation Safety Board, 10 the Senate and House passed versions of S. 1790, to a.m., SD–G50. Committee on Foreign Relations: business meeting to con- authorize appropriations for fiscal year 2020 for mili- sider S. 2641, to promote United States national security tary activities of the Department of Defense, for and prevent the resurgence of ISIS, S. 2547, to state the military construction, and for defense activities of policy of the United States with respect to the expansion the Department of Energy, to prescribe military per- of cooperation with allies and partners in the Indo-Pacific sonnel strengths for such fiscal year. region and Europe regarding the People’s Republic of China, S. 2977, to extend the termination of sanctions with respect to Venezuela under the Venezuela Defense of

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Human Rights and Civil Society Act of 2014, S. 1310, the world, S. Res. 395, recognizing the 40th anniversary to strengthen participation of elected national legislators of the Iran Hostage Crisis, H.R. 2744, to authorize the in the activities of the Organization of American States Administrator of the United States Agency for Inter- and reaffirm United States support for Organization of national Development to prescribe the manner in which American States human rights and anti-corruption initia- programs of the agency are identified overseas, H.R. 133, tives, S. 1830, to enhance the security of the United to promote economic partnership and cooperation be- States and its allies, S. 704, to prioritize the efforts of and tween the United States and Mexico, an original resolu- enhance coordination among United States agencies to en- tion expressing serious concern about widespread irreg- courage countries in Central and Eastern Europe to diver- ularities in Bolivia’s October 20, 2019, general elections sify their energy sources and supply routes, increase Eu- and supporting the convening of new elections in Bolivia rope’s energy security, and help the United States reach at the earliest possible date, the nomination of Sung Y. its global energy security goals, S. 1189, to require the Kim, of California, to be Ambassador to the Republic of Secretary of State to determine whether the Russian Fed- Indonesia, Department of State, and other pending cal- eration should be designated as a state sponsor of ter- endar business, 10 a.m., S–116, Capitol. rorism and whether Russian-sponsored armed entities in Committee on Indian Affairs: business meeting to con- Ukraine should be designated as foreign terrorist organi- sider S. 1853, to require Federal law enforcement agencies zations, S. 482, to strengthen the North Atlantic Treaty to report on cases of missing or murdered Indians, and Organization, to combat international cybercrime, and to S. 2365, to amend the Indian Health Care Improvement impose additional sanctions with respect to the Russian Act to authorize urban Indian organizations to enter into Federation, S. J.Res. 4, requiring the advice and consent arrangements for the sharing of medical services and fa- of the Senate or an Act of Congress to suspend, termi- cilities; to be immediately followed by a hearing to exam- nate, or withdraw the United States from the North At- ine the nomination of Michael D. Weahkee, of New Mex- lantic Treaty and authorizing related litigation, S. Con. ico, to be Director of the Indian Health Service, Depart- Res. 23, honoring the 75th Anniversary of the Battle of ment of Health and Human Services, 2:30 p.m., SD–628. the Bulge fought during World War II, recognizing the Committee on the Judiciary: to hold hearings to examine valiant efforts of the Allied Forces in December 1944, the Inspector General’s report on alleged abuses of the and remembering those who made the ultimate sacrifice, Foreign Intelligence Surveillance Act, 10 a.m., SH–216. all of which contributed to the Allied victory in the Eu- Committee on Small Business and Entrepreneurship: to hold ropean Theater, S. Res. 142, condemning the Govern- hearings to examine the nomination of Jovita Carranza, of ment of the Philippines for its continued detention of Illinois, to be Administrator of the Small Business Ad- Senator Leila De Lima, calling for her immediate release, ministration, 2:30 p.m., SR–428A. S. Res. 152, expressing the importance of the United States alliance with the Republic of Korea and the con- House tributions of Korean Americans in the United States, S. Committee on Agriculture, Full Committee, hearing enti- Res. 260, recognizing the importance of sustained United tled ‘‘Member Day’’, 10 a.m., 1300 Longworth. States leadership to accelerating global progress against Subcommittee on Commodity Exchanges, Energy, and maternal and child malnutrition and supporting the com- Credit, hearing entitled ‘‘Review of Credit Conditions: mitment of the United States Agency for International Report from Agricultural Lenders’’, 2 p.m., 1300 Long- Development to global nutrition through the Multi-Sec- worth. toral Nutrition Strategy, S. Res. 297, commending the Committee on Armed Services, Full Committee, hearing Inter-American Foundation (IAF) on the occasion of its entitled ‘‘U.S. Policy in Syria and the Broader Region’’, 50th anniversary for its significant accomplishments and 10 a.m., 2118 Rayburn. contributions to the economic and social development of Subcommittee on Intelligence and Emerging Threats the Americas, S. Res. 343, congratulating the people of and Capabilities, hearing entitled ‘‘Climate Change in the the Czech Republic and the people of the Slovak Repub- Era of Strategic Competition’’, 2 p.m., 2118 Rayburn. lic on the 30th anniversary of the Velvet Revolution, the Committee on Financial Services, Full Committee, con- 26th anniversary of the formation of the Czech Republic tinue markup on H.R. 1731, the ‘‘Cybersecurity Disclo- and the Slovak Republic, and the 101st anniversary of the sure Act of 2019’’; H.R. 2445, the ‘‘Self-Employed Mort- declaration of independence of Czechoslovakia, S. Res. gage Access Act of 2019’’; H.R. 4545, the ‘‘Private Loan 371, reaffirming the support of the United States for the Disability Discharge Act of 2019’’; H.R. 5287, the ‘‘Fair people of the Republic of South Sudan and calling on all Student Loan Debt Collection Practices Act’’; H.R. 5294, parties to uphold their commitments to peace and dia- the ‘‘Student Borrowers Protections Act’’; H.R. 5332, the logue as outlined in the 2018 revitalized peace agree- ‘‘Protecting Your Credit Score Act of 2019’’; H.R. 5330, ment, S. Res. 374, expressing support for the designation the ‘‘Consumer Protections for Medical Debt Collections of October 23, 2019, as a national day of remembrance Act’’; H.R. 5322, the ‘‘Ensuring Diversity in Community of the tragic terrorist bombing of the United States Ma- Banking Act of 2019’’; H.R. 5315, the ‘‘Expanding Op- rine Corps barracks in Beirut, Lebanon, in 1983, S. Res. portunities for Minority Depository Institutions (MDIs) 375, recognizing the 75th anniversary of the Warsaw Up- Act’’; a resolution electing majority members to the Sub- rising, S. Res. 385, celebrating the 30th anniversary of committee on Investor Protection, Entrepreneurship, and the fall of the Berlin Wall, the reunification of both Ger- Capital Markets; a resolution establishing the Task Force many and Europe, and the spread of democracy around on Artificial Intelligence; and a resolution establishing

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the Task Force on Financial Technology, 10 a.m., 2128 Cross-Jurisdictional Solutions’’ [Original Jurisdiction Rayburn. Hearing], 10:30 a.m., H–313 Capitol. Committee on the Judiciary, Full Committee, begin mark- Committee on Transportation and Infrastructure, Full Com- up on H. Res. 755, the ‘‘Articles of Impeachment mittee, hearing entitled ‘‘The Boeing 737 MAX: Exam- Against President Donald J. Trump’’, 7 p.m., 1100 ining the Federal Aviation Administration’s Oversight of Longworth. the Aircraft’s Certification’’, 10 a.m., 2167 Rayburn. Committee on Oversight and Reform, Subcommittee on Committee on Ways and Means, Full Committee, markup Civil Rights and Civil Liberties; and Subcommittee on on H.R. 5306, the ‘‘Know Your Social Security Act’’; and Transportation and Maritime Security of the House Com- legislation on Restoring Tax Fairness for States and Local- mittee on Homeland Security, joint hearing entitled ities Act, 10 a.m., 1100 Longworth. ‘‘Righting the Ship: The Coast Guard Must Improve its Select Committee on the Climate Crisis, Full Committee, Processes for Addressing Harassment, Bullying, and Re- hearing entitled ‘‘Creating a Climate Resilient America: taliation’’, 10 a.m., 2154 Rayburn. Smart Finance for Strong Communities’’, 2 p.m., 210 Subcommittee on Government Operations, hearing en- Cannon. titled ‘‘FITARA 9.0’’, 2 p.m., 2154 Rayburn. Committee on Rules, Subcommittee on Legislative Joint Meetings and Budget Process, hearing entitled ‘‘Solving an Commission on Security and Cooperation in Europe: to re- Epidemic: Addressing Human Trafficking Around ceive a briefing on Albania’s leadership in Europe, 2 Major Events like the Super Bowl and the Need for p.m., 2200, Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 11 10 a.m., Wednesday, December 11

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the nomination of Lawrence VanDyke, of Ne- 5038—Farm Workforce Modernization Act of 2019 (Sub- vada, to be United States Circuit Judge for the Ninth ject to a Rule). Consideration of H.R. 3—Elijah E. Cum- Circuit, post-cloture. mings Lower Drug Costs Now Act Lower Drug Costs At 12 noon, Senate will vote on passage of H.R. 2333, Now Act of 2019 (Subject to a Rule). Consideration of Support for Suicide Prevention Coordinators Act. the conference report to accompany S. 1790—National Defense Authorization Act for Fiscal Year 2020 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Hartzler, Vicky, Mo., E1572 Pallone, Frank, Jr., N.J., E1568, E1569 Hoyer, Steny H., Md., E1568 Perlmutter, Ed, Colo., E1567 Brooks, Susan W., Ind., E1569 Johnson, Eddie Bernice, Tex., E1571 Reschenthaler, Guy, Pa., E1567 Cheney, Liz, Wyo., E1572 Keating, William R., Mass., E1568, E1572 Rutherford, John H., Fla., E1569 Crawford, Eric A. ‘‘Rick’’, Ark., E1572 Kuster, Ann M., N.H., E1571 Ryan, Tim, Ohio, E1568, E1570 Crist, Charlie, Fla., E1572 Luetkemeyer, Blaine, Mo., E1569 Cunningham, Joe, S.C., E1571 Maloney, Carolyn B., N.Y., E1569 Soto, Darren, Fla., E1572 Deutch, Theodore E., Fla., E1570 Meuser, Daniel, Pa., E1569 Tlaib, Rashida, Mich., E1567 Garcı´a, Jesu´ s G. ‘‘Chuy’’, Ill., E1571 Neal, Richard E., Mass., E1572 Wittman, Robert J., Va., E1570 Granger, Kay, Tex., E1570 Palazzo, Steven M., Miss., E1572 Zeldin, Lee M., N.Y., E1567

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