Congressional Record, March 4, 2020: floor action on H.R. 6074 (Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020)
Summary
The Congressional Record for Wednesday, March 4, 2020 (Vol. 166, No. 43), 116th Congress, Second Session, opening with the proceedings of the House of Representatives. The House met at 10 a.m., and a communication from Nancy Pelosi, Speaker of the House of Representatives, appointed G.K. Butterfield to act as Speaker pro tempore. In morning-hour debate, Mr. PENCE, the gentleman from Indiana, recognizes the Scott County bicentennial, Railroad Day and several local honorees. Under the heading "Liars Cannot Be Tolerated", Mr. Foster of Illinois, speaks about the information coming from the government on the coronavirus. Mr. RUTHERFORD recognizes the Jacksonville National Cemetery and the West Nassau High School cheerleading team.
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Cite this document
“Congressional Record, March 4, 2020: floor action on H.R. 6074 (Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-march-4-2020-floor-action-on-h-r-6074-coronavirus-b0c3499d6c/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, WEDNESDAY, MARCH 4, 2020 No. 43
House of Representatives
The House met at 10 a.m. and was tegrity and skill. This team competed According to his colleagues, Mr.
called to order by the Speaker pro tem- against 27 other teams from across the Kohlmeier has a heart of gold, and
pore (Mr. BUTTERFIELD). Nation and came out victorious. there is no one more deserving of this
f Congratulations to these future honor.
farmers on their tremendous accom- As an avid hunter myself, I want to
DESIGNATION OF SPEAKER PRO plishment. You have made the Sixth thank Mr. Kohlmeier for his work edu-
TEMPORE District proud. cating kids, and extend my congratula-
The SPEAKER pro tempore laid be- SCOTT COUNTY, INDIANA, CELEBRATES
tions for receiving this award.
fore the House the following commu- BICENTENNIAL
nication from the Speaker: Mr. PENCE. Mr. Speaker, I rise today RECOGNIZING RAILROAD DAY
WASHINGTON, DC, to recognize Scott County, Indiana, on Mr. PENCE. Mr. Speaker, I rise today
March 4, 2020. their bicentennial celebration. to recognize Railroad Day on Capitol
I hereby appoint the Honorable G.K. In these two centuries, Scott County Hill.
BUTTERFIELD to act as Speaker pro tempore has become a cornerstone of my Sixth
on this day. District. With a growing economy, Today, we have 450 industry profes-
NANCY PELOSI, beautiful parks and lakes, and a close sionals from railroads, rail labor, rail
Speaker of the House of Representatives. community of Hoosiers, Scott County contractors, and rail supply companies
f continues to be a great place for all of on Capitol Hill fighting for the issues
us to call home. that affect us all.
MORNING-HOUR DEBATE In my home State of Indiana, we
Mr. Speaker, I congratulate Scott
The SPEAKER pro tempore. Pursu- County on their bicentennial, and here have over 1,200 miles of Class III rail
ant to the order of the House of Janu- is to the next 200 years. tracks and over 3,800 miles of Class I
ary 7, 2020, the Chair will now recog- RUSHVILLE ROTARY CLUB’S 100TH ANNIVERSARY railroad tracks. As a crossroads of
nize Members from lists submitted by Mr. PENCE. Mr. Speaker, I rise today America, our rail industry is one of the
the majority and minority leaders for to congratulate Rushville Rotary Club busiest in the Nation and contributes
morning-hour debate. for celebrating 100 years of service. to our thriving economy and business
The Chair will alternate recognition For a century now, the Rushville Ro- development.
between the parties, with time equally tary Club has been a pillar of commu- I am proud to support policies that
allocated between the parties and each nity involvement in the district. The increase the safety and efficiency of in-
Member other than the majority and Rotary Club continues to support local frastructure in Indiana and the rest of
minority leaders and the minority service projects around the community our great Nation.
whip limited to 5 minutes, but in no and helps students at the Rushville
event shall debate continue beyond We must support our country’s rail-
High School.
11:50 a.m. I want to thank the members of the roads so that we can keep America’s
Rotary Club for their service and dedi- economy rolling.
f
cation to the people of Rushville and CONGRATULATING SAM BENNETT
RECOGNIZING EASTERN HANCOCK congratulate them on their 100th anni-
HIGH SCHOOL LIVESTOCK JUDG- Mr. PENCE. Mr. Speaker, I rise today
versary.
ING to congratulate Sam Bennett of Delta
CONGRATULATING MARLIN KOHLMEIER
High School for winning the 1–Meter
The SPEAKER pro tempore. The Mr. PENCE. Mr. Speaker, I rise today Diving State Title at the 2020 Indiana
Chair recognizes the gentleman from to congratulate Marlin Kohlmeier, who Swimming and Diving State Meet.
Indiana (Mr. PENCE) for 5 minutes. was named the 2019 Volunteer of the
Mr. PENCE. Mr. Speaker, I rise today Year by the Indiana Department of Sam put in the hard work and dedica-
to recognize four outstanding agri- Natural Resources Law Enforcement tion into his sport to rise from fourth
culture students from Eastern Hancock and the Indiana Hunter Education As- place last year to the number one spot
High School for winning the 4–H live- sociation. this year.
stock judging contest at the Western Mr. Kohlmeier has been a teacher at I wish Sam the best of luck next year
National Roundup. South Ripley schools for over 40 years as reigning champ for his senior sea-
Conner Knudson, Hunter Knudson, and volunteers his time to teach hun- son. I look forward to seeing him con-
Reed Hedrick, and Ashtyn Harvey rep- ter safety to all the students at South tinue to make Indiana’s Sixth District
resented the State of Indiana with in- Ripley. proud.
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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.
H1473
.
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H1474 CONGRESSIONAL RECORD — HOUSE March 4, 2020
LIARS CANNOT BE TOLERATED comes out of the White House. And Accordingly (at 10 o’clock and 11
The SPEAKER pro tempore. The now, as Americans worry for the health minutes a.m.), the House stood in re-
Chair recognizes the gentleman from of themselves and their loved ones, cess.
Illinois (Mr. FOSTER) for 5 minutes. they unfortunately must also worry f
Mr. FOSTER. Mr. Speaker, I am a about whether the information coming
b 1200
scientist, and if a scientist stands up from the people that they expect to
and says something that they know is manage this crisis will be distorted for AFTER RECESS
not true, it is a career-ending action. the President’s political purposes. The recess having expired, the House
The reason for this is that science al- When a leader lies to the public was called to order by the Speaker at
ways operates at the edge of what is about important scientific facts, it is noon.
known, so we cannot tolerate liars. not acceptable. It is not cute. It is not f
The world is now facing scientific un- just Trump being Trump. It is a dan-
certainty in the spread and the sever- gerous act that puts our public health PRAYER
ity of the coronavirus. And when the and our democracy at risk. Pastor Ethan Magness, First Chris-
leadership of China confronted the re- f tian Church, Johnson City, Tennessee,
ality of the pandemic, they chose to RECOGNIZING JACKSONVILLE offered the following prayer:
suppress scientific truth and lie to NATIONAL CEMETERY Gracious God, we come to You in
their people. That cost China and the need of Your sovereign love, for Your
world the opportunity to slow down The SPEAKER pro tempore. The power exceeds all human power, Your
and perhaps contain this outbreak. Chair recognizes the gentleman from authority exceeds all human authority,
In the U.S., we were recently exposed Florida (Mr. RUTHERFORD) for 5 min- and Your government will stand when
to the spectacle of our country’s leader utes. all human governments have passed
making self-serving pronouncements Mr. RUTHERFORD. Mr. Speaker, I into history.
about the coronavirus outbreak that rise today to recognize the many na- We come to You in confession of our
had no basis in scientific fact and that tional cemeteries in Florida, especially weakness and sin, for we have sought
were immediately contradicted by his the Jacksonville National Cemetery, too often our own power. We have
scientific experts. which is in my district. fought too selfishly for our own glory.
As our Nation faces the serious These hallowed grounds are sacred to We have clung too tightly to our de-
threat of coronavirus, the American the families of those who have served sires and our factions and our plans.
people deserve to know that they can our country honorably, many of whom We come to You seeking the strength
trust the information coming from paid the ultimate sacrifice for our free- to repent. Turn us to Your wisdom in-
their government, and that the public dom. stead of our own. Turn us to honesty
officials that they elected are putting Recently, the Department of Vet- instead of falsehood. Turn us to humil-
science ahead of politics or deranged erans Affairs ranked the top national ity and service instead of pride and
conspiracy theories. cemeteries in the country, and I am self-seeking.
Unfortunately, after 3 years of con- proud to report that the Jacksonville We come to You for a blessing. Like
sistently undermining scientific re- National Cemetery of the Southeast Jacob, we cling to You and will not let
search and scientific fact, this adminis- District has earned the highest award, go until You have blessed us, for You
tration is dangerously deficient in which was accepted by Al Richburg, are good and gracious and loving, and
credibility, and that is directly putting the director of the Jacksonville Na- in You, we put our trust.
the health and well-being of millions of tional Cemetery. Amen.
Americans at risk with an opaque and Mr. Speaker, I thank Al and his won-
f
chaotic response to this outbreak. derful team for all the work they do to
Just a few weeks ago, the Trump ad- preserve the final resting places of our THE JOURNAL
ministration presented a budget that Nation’s military and creating a beau- The SPEAKER. The Chair has exam-
would slash almost $700 million from tiful, peaceful, and memorable place ined the Journal of the last day’s pro-
the Centers for Disease Control, cut- for loved ones to visit. ceedings and announces to the House
ting a vital resource that is at the CONGRATULATING WEST NASSAU HIGH SCHOOL her approval thereof.
front lines of this public health emer- CHEERLEADING TEAM Pursuant to clause 1, rule I, the Jour-
gency. Mr. RUTHERFORD. Mr. Speaker, I nal stands approved.
This administration has left critical rise today to congratulate the West f
positions vacant at Homeland Security Nassau High School Cheerleading
and the National Security Council, in- Team, who recently won the State, Na- PLEDGE OF ALLEGIANCE
cluding positions responsible for man- tional, and World Championships in Or- The SPEAKER. Will the gentleman
aging pandemics. lando. from Tennessee (Mr. DAVID P. ROE)
Americans need their elected leaders With nine State titles, the Warriors come forward and lead the House in the
to spend less time tweeting and more are tied for the second most champion- Pledge of Allegiance.
time making sure that government re- ships in the State of Florida. In fact, Mr. DAVID P. ROE of Tennessee led
sources are coordinated and fully fund- this is the second year in a row that the Pledge of Allegiance as follows:
ed and ready to combat this outbreak. they have claimed the State, National, I pledge allegiance to the Flag of the
Soon, the House will move forward to and World titles, and they are the first United States of America, and to the Repub-
provide emergency funding that high school in Florida to do so. lic for which it stands, one nation under God,
matches the scale and the threat of the The team is spearheaded by Coach indivisible, with liberty and justice for all.
coronavirus. We must make sure that Samantha Beazley, who has led West f
the President and the administration Nassau to now five State champion-
uses these funds for what they are in- WELCOMING PASTOR ETHAN
ships, three National championships,
tended, a comprehensive and aggressive MAGNESS
and two World championships.
response to managing the coronavirus On behalf of Florida’s Fourth Con- The SPEAKER. Without objection,
outbreak and making sure that any fu- gressional District, I want to congratu- the gentleman from Tennessee (Mr.
ture vaccines or treatments are afford- late the West Nassau Warriors on a DAVID P. ROE) is recognized for 1
able and available to all who need minute.
SSpencer on DSKBBXCHB2PROD with HOUSE
cheerleading dynasty.
them. f There was no objection.
We also must hold the President and Mr. DAVID P. ROE of Tennessee.
his administration accountable for the RECESS Madam Speaker, I rise today to recog-
information they share with the Amer- The SPEAKER pro tempore. Pursu- nize Ethan Magness, who delivered to-
ican people. Three years of keeping ant to clause 12(a) of rule I, the Chair day’s opening prayer.
science and facts at arm’s length have declares the House in recess until noon Ethan is the senior pastor at First
rightly made people suspicious of what today. Christian Church in my hometown of
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1475
Johnson City, Tennessee, where my Mr. WILSON of South Carolina. O’Keefe of Grand Ledge, who is retiring
wife, Clarinda, has attended for many Madam Speaker, this week, we wel- after 51 seasons leading the high
years. comed the American Israel Public Af- school’s baseball program.
We are pleased to welcome Pastor fairs Committee to Washington for the Coach O’Keefe led the Comets to a
Magness here today. annual AIPAC Policy Conference. pair of State championships and an in-
Ethan is originally from This conference, with over 18,000 at- credible 1,315 wins, making him the
Elizabethton, Tennessee, and grad- tending, is the largest gathering of winningest baseball coach in Michigan
uated from Swarthmore College. He re- America’s pro-Israel community. history.
ceived his master of divinity from Em- AIPAC President Betsy Berns Korn is a Adding to his accolades, Coach
manuel Christian Seminary and served very effective leader. O’Keefe is a member of the Michigan
for 10 years at the Mountain Christian Monday, I had the opportunity to High School Baseball Coaches Associa-
Church in Joppa, Maryland. have attended the AIPAC Leadership tion Hall of Fame, the Greater Lansing
Ethan founded and still directs the Reception hosted by Howard and Sports Hall of Fame, and the Michigan
Semester in Ministry program at Mil- Elayne Levkowitz with ADAM SCHIFF. Baseball Hall of Fame.
ligan College. He has served as an ad- Yesterday, I met with AIPAC mem- He shares the successes of his career
junct professor there for 10 years. bers, led by David Kulbersh and his and gives credit to his wife of 48 years,
I am proud to welcome Ethan; his wife, Jane, of Columbia. They contin- Melody.
wife, Betsy; and his son, Evan, to our ued the tradition of the late David Coach O’Keefe is an exemplary com-
Nation’s Capitol today. I am also Baker of Columbia advising my prede- munity leader who will leave a lasting
pleased he could share the Word of God cessor, Chairman Floyd Spence. legacy beyond baseball. He modeled the
with us today. Americans appreciate Prime Minister value of hard work and sportsmanship,
f Benjamin Netanyahu, a world states- and he taught valuable life lessons to
man, for his cooperation with Jared the young men on his teams.
ANNOUNCEMENT BY THE SPEAKER Kushner for peace. I will always cher- Once again, I wish to congratulate
The SPEAKER. The Chair will enter- ish leading the congressional delega- Coach O’Keefe on a remarkable career,
tain up to 15 further requests for 1- tion for the opening of the U.S. Em- and I thank him for making such a
minute speeches on each side of the bassy in Jerusalem with Ambassador positive impact on five decades of stu-
aisle. David Friedman as President Donald dents in Grand Ledge.
f Trump fulfilled ‘‘Promises Made, f
Promises Kept.’’
FLIGHT 3407 FAMILIES’ ADVOCACY COMMEMORATING NATIONAL
In conclusion, God bless our troops,
IMPROVING AIRLINE SAFETY COLORECTAL CANCER AWARE-
and we will never forget September
(Mr. HIGGINS of New York asked and NESS MONTH
11th in the global war on terrorism.
was given permission to address the Our prayers for Jeannie Burkett. (Mr. PAYNE asked and was given
House for 1 minute.) f permission to address the House for 1
Mr. HIGGINS of New York. Madam minute and to revise and extend his re-
Speaker, for 11 years now, the families CORONAVIRUS NOT A HOAX marks.)
of Continental Flight 3407 have come to (Mr. TED LIEU of California asked Mr. PAYNE. Madam Speaker, I rise
Capitol Hill with the heart-driven goal and was given permission to address today to commemorate March as Na-
of improving airline safety. the House for 1 minute and to revise tional Colorectal Cancer Awareness
Thanks to their efforts, and with bi- and extend his remarks.) Month.
partisan support from Congress, the Mr. TED LIEU of California. Madam Colorectal cancer is the second lead-
Federal Aviation Administration reau- Speaker, the coronavirus is not a hoax. ing cause of cancer deaths for men and
thorization bill of 2010 included meas- There are over 90,000 cases worldwide women in this country.
ures to improve transparency and safe- and over 3,000 deaths. This year, almost 148,000 Americans
ty for the flying public. In the U.S., based on various report- will be diagnosed with this dreaded dis-
At long last, the Pilot Records Data- ing, we think there are over 100 cases, ease, and 53,000 will die from it. Yet, if
base, one of the final elements to be with at least nine deaths. we catch it early, 90 percent of patients
implemented, is moving forward. Criticism of the Trump administra- could survive within 5 years.
The captain of Flight 3407 had only tion’s botched response to this out- The key is awareness and education.
600 hours of flight experience and failed break is not a hoax. They had faulty If we can educate more Americans
three practical tests known as check initial tests. They then compounded about colorectal cancer, we can limit
rides. Still, Continental and its re- that problem by having overly restric- the number of deaths from it. We can
gional carrier, Colgan Air, hired him. tive test criteria that artificially de- remove the fears and stigmas that pre-
The National Transportation Safety flated the number of actual vent people from getting screenings.
Board found that pilot error had caused coronavirus cases. And we don’t have I lost my father 8 years ago this
the crash. enough test kits, as of today. weekend, Congressman Donald Payne,
Led by the courageous family and In L.A. County, where I am from, Sr., to colorectal cancer. But if more
friends of the victims of Flight 3407 and they recently declared a state of emer- people get screened, we have a chance
their tragic yet awe-inspiring public gency. L.A. County has a total of one to keep more families from losing their
advocacy to protect the flying public, coronavirus test kit. fathers, brothers, and sons to this dis-
this success, in a deeply personal way, I am pleased that this week the ease.
belongs to them and those they loved House of Representatives will pass a f
and lost. supplemental funding package to make
SUPPORT TRANSPORTATION
f sure we have enough test kits for all
WORKFORCE TRAINING
the jurisdictions that need it.
MESSAGE FROM THE PRESIDENT We need this administration to stop (Mr. THOMPSON of Pennsylvania
A message in writing from the Presi- misleading the American people and asked and was given permission to ad-
dent of the United States was commu- start leading. Lives are at stake. dress the House for 1 minute and to re-
nicated to the House by Miss Kaitlyn f vise and extend his remarks.)
Mr. THOMPSON of Pennsylvania.
SSpencer on DSKBBXCHB2PROD with HOUSE
Roberts, one of his secretaries.
CONGRATULATING COACH PAT Madam Speaker, I rise today in support
f
O’KEEFE of H.R. 6032, the Transportation Work-
AIPAC IS EFFECTIVE (Mr. WALBERG asked and was given force Centers of Excellence Act.
(Mr. WILSON of South Carolina permission to address the House for 1 I recently introduced this bill along-
asked and was given permission to ad- minute.) side my colleague, Congressman JIM
dress the House for 1 minute and to re- Mr. WALBERG. Madam Speaker, I LANGEVIN. As co-chairs of the bipar-
vise and extend his remarks.) rise today to recognize Coach Pat tisan Career and Technical Education
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H1476 CONGRESSIONAL RECORD — HOUSE March 4, 2020
Caucus, we are constantly looking for the school’s first State championship going demeanor. He was just a phe-
new ways to support a skilled work- last weekend. nomenal gentleman. A friend to all
force. Last Saturday, at Redbird Arena in who knew him, Crusty was a member
A skilled workforce is critically nec- Normal, the Pleasant Plains Cardinals of the ‘‘Ole Boys’’ club and Pritchard
essary to support a 21st century econ- defeated the two-time defending cham- Baptist Church in Jena.
omy, and the individuals who pursue a pion Chicago Marshall Commandos in a Crusty is survived by his wife, Paula,
skills-based career, as well as the insti- performance dominated by Pleasant of 46 years; three brothers; and several
tutions that train them, deserve to be Plains’ defensive efforts. nieces, nephews, and godchildren.
rewarded for their commitment to The Cardinals held Marshall to 32 Please join me in bidding Crusty
closing our Nation’s skills gap. percent shooting and forced 12 turn- Toler a warm farewell.
The Transportation Workforce Cen- overs in the game, winning by a final f
ters of Excellence Act would establish score of 43–37. The Commandos, who SHORTAGE OF MEDICAL DEVICES
a competitive $50 million grant pro- have won 11 previous State titles, led
gram to strengthen education and for only a minute the entire game. (Mr. SCHNEIDER asked and was
training programs in critical indus- The Pleasant Plains victory was not given permission to address the House
tries. without drama, however, as the Car- for 1 minute and to revise and extend
A highly skilled workforce is nec- dinals allowed a 13-point, fourth-quar- his remarks.)
Mr. SCHNEIDER. Madam Speaker,
essary to revitalize our national trans- ter lead to dwindle to just 1; but, on
we are all concerned about the growing
portation system. The demand for the strength of strong senior leader-
spread of coronavirus, and these con-
qualified workers is greater than ever. ship, the Cardinals were able to seal
cerns are not relieved by troubling sto-
This bill will help us meet infrastruc- the game and bring a State champion-
ries of shortages of critically needed
ture demands, close our Nation’s skills ship home to Pleasant Plains.
The Pleasant Plains girls team made medical devices, including respirator
gap, and reward schools that have gone
all of Illinois very proud with their ac- masks.
above and beyond by establishing cen- Concerningly, as our healthcare sys-
ters of excellence. complishments this season, finishing
tem responds, it is exposing serious
Madam Speaker, I would like to en- with a 28–3 record. Each girl’s commit-
weaknesses in the supply chain for
courage my colleagues to join our ef- ment to the champion team and their
medical devices. These are products
forts in supporting career and tech- community is truly inspiring.
providers depend on to deliver life-
nical education centers of excellence Congratulations to Coach T.J. Fraase
saving care.
and increased transportation workforce and the Pleasant Plains Cardinals. That is why, today, with my col-
training. f leagues JAN SCHAKOWSKY from Illinois
f PERSONAL WELL TESTING and JODY HICE from Georgia, I am in-
b 1215 troducing important, bipartisan legis-
(Mr. DELGADO asked and was given
lation to help the FDA combat the
PREDATORY DEBT COLLECTION permission to address the House for 1
threat.
minute.)
(Ms. DEAN asked and was given per- My bill would allow the FDA to act
Mr. DELGADO. Madam Speaker, I
mission to address the House for 1 expeditiously to address shortages, in-
rise today because our communities
minute and to revise and extend her re- cluding by importing medical devices
need peace of mind when drinking
marks.) as needed. It would ensure that the
water from their personal wells. This is
Ms. DEAN. Mr. Speaker, our service- manufacturers are communicating
felt acutely in rural communities,
men and -women deserve more than a with the FDA about expected shortages
where a lack of water infrastructure
thank-you. They deserve our support of medical devices and that this infor-
leads people to use wells as their main
and our protection. mation is shared transparently with
water supply.
This week, with unanimous support, the public.
That is why I joined colleagues on The FDA already has these authori-
we passed H.R. 5003, the Fair Debt Col- both sides of the aisle to introduce
lection Practices for Servicemembers ties to act during drug shortages, and
H.R. 6053, which will give folks an easy- we should grant them the same ability
Act, to stand up for our troops against to-use tool through the EPA which
abusive debt collection practices. to respond to shortages of medical de-
would enable them to test their own vices.
Many debt collectors have used ma- well water. This tool will empower our Madam Speaker, I urge all of my col-
nipulative practices against our sol- communities and assure them that leagues to join us in supporting this
diers, such as threatening to contact a they are drinking water that is clean of commonsense bill.
soldier’s superior officer, threatening toxic chemicals.
to reduce rank, and threatening to re- f
I will keep championing work at the
voke a security clearance. If these Federal level to hold the EPA account- RECOGNIZING HANK WOLGAMOTT
practices aren’t shameful enough, able to set a safe drinking water stand- (Mr. OLSON asked and was given per-
many debt collectors have resorted to ard, make sure PFAS is regulated mission to address the House for 1
contacting the soldier’s family. under the Clean Water Act, and more. minute and to revise and extend his re-
Soldiers are already under enough At the same time, we can make sure marks.)
stress keeping us safe. The House pas- our communities have the tools they Mr. OLSON. Madam Speaker, last
sage of H.R. 5003 sends a clear message need to feel safe when using well water. Thursday night, as the House was re-
that we will protect those who protect f cessed, I stood at this podium with a
us, and predator debt collection prac- future President of the United States
tices are never acceptable. CELEBRATING THE LIFE OF
of America. His name is Hank
I urge the Senate to consider our EVERETT ‘‘CRUSTY’’ TOLER
Wolgamott. He is on the right in this
servicemembers and support H.R. 5003. (Mr. ABRAHAM asked and was given picture.
f permission to address the House for 1 Hank is one of my bosses in Texas 22.
minute and to revise and extend his re- When he was 9 years old, his left arm
CONGRATULATING PLEASANT marks.) was in a cast. The doctors said he had
PLAINS CARDINALS Mr. ABRAHAM. Madam Speaker, I fractured his elbow. They were wrong.
(Mr. LAHOOD asked and was given rise today to celebrate the life of Mr. Blood was going into his elbow joint.
SSpencer on DSKBBXCHB2PROD with HOUSE
permission to address the House for 1 Everett ‘‘Crusty’’ Toler, who passed He had severe hemophilia.
minute and to revise and extend his re- away last week in his hometown of With the love of his mom, Amanda;
marks.) Jena, Louisiana. his dad, Jesse; and his brother, Jack,
Mr. LAHOOD. Mr. Speaker, I rise Crusty was a tugboat captain who Hank went to war against his condi-
today to congratulate Sangamon Coun- lost the use of his legs early in life, but tion, even though he was too young to
ty’s Pleasant Plains High School girls it did not do anything to cast a shadow know what was happening inside his
basketball team, who brought home on his warm personality or his out- body.
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1477
At 16 months old, he had a port provide vital support for families of in- ality is that we are dealing with some-
placed in his left chest as part of his dividuals struggling with substance use thing enormously serious, and I intend
immune tolerance induction therapy. disorder. to continue to do that on behalf of my
That was there for over 6 years. A fever Despite the Trump administration’s constituents.
or a fall meant a trip to the hospital to strong support of significant funding f
stop the bleeding. But Hank soldiered increases through H.R. 6 and other
means, last year, my district experi- APPOINTMENT OF MEMBER TO
on.
My dad always told me: There are no enced over 130 overdose deaths in Berks BOARD OF VISITORS TO THE
guarantees in life. I have been alive County alone, 102 in Schuylkill Coun- UNITED STATES AIR FORCE
now for 57 years and 3 months, and my ty. The numbers are tragically high ACADEMY
dad has never been wrong—until I met throughout my district. The SPEAKER pro tempore (Ms.
Hank. There is a new guarantee in my Families play an essential role in DEAN). The Chair announces the Speak-
life: Never bet against Hank helping their loved ones recover from er’s appointment, pursuant to 10 U.S.C.
Wolgamott. Hank always wins. addiction, but the recovery process can 9455(a), and the order of the House of
Vote for Hank in 2048. You will be be intimidating, stressful, and con- January 3, 2019, of the following Mem-
glad you did. fusing. Organizations across the Nation ber on the part of the House to the
f struggle to offer family support serv- Board of Visitors to the United States
ices, such as finding treatment options, Air Force Academy:
RECOGNIZING SERGEANT JUAN Mr. TED LIEU, California
navigating insurance coverage and
ZAMORA
funding assistance, joining local sup- f
(Mr. RUIZ asked and was given per- port groups, and training and edu-
mission to address the House for 1 APPOINTMENT OF MEMBER TO
cating parents.
minute and to revise and extend his re- NATIONAL COUNCIL ON THE ARTS
Currently, organizations offering
marks.) these services receive no government The SPEAKER pro tempore. The
Mr. RUIZ. Madam Speaker, I rise funding. H.R. 5572 would create a grant Chair announces the Speaker’s ap-
today to recognize Riverside County program to improve access to these pointment, pursuant to The National
Sheriff’s Department Sergeant Juan vital services and save lives. Foundation on the Arts and the Hu-
Zamora and celebrate his decades-long Madam Speaker, I urge my col- manities Act of 1965 (20 U.S.C. 955(b)),
career. Sergeant Zamora is a devoted leagues to cosponsor H.R. 5572, and em- and the order of the House of January
public servant, a great father, a caring power families to do all they can to 3, 2019, of the following Member on the
husband, and my good friend. help their loved ones recover. part of the House to the National
We both grew up in the Coachella f Council on the Arts:
Valley; we both graduated from Ms. ADAMS, North Carolina
Coachella Valley High School; and we PREPARATION AND PREVENTION
f
are both the proud sons of farm- OF CORONAVIRUS
workers. In fact, it is in the fields (Ms. JACKSON LEE asked and was b 1230
where Sergeant Zamora gained an ap- given permission to address the House PROVIDING FOR CONSIDERATION
preciation for honest, hard work, and it for 1 minute.) OF H.R. 1140, RIGHTS FOR TRANS-
is that very same appreciation that Ms. JACKSON LEE. Madam Speaker, PORTATION SECURITY OFFICERS
fueled his desire to serve his commu- just returning from my district, I am ACT OF 2020; PROVIDING FOR MO-
nity and drove him to become the first well aware of the sense of concern of TIONS TO SUSPEND THE RULES;
in his family to go to college. our constituents regarding the AND WAIVING A REQUIREMENT
In 1997, he joined the Riverside Coun- coronavirus, having been the first OF CLAUSE 6(A) OF RULE XIII
ty Sheriff’s Department, rising through Member to present this to her commu- WITH RESPECT TO CONSIDER-
the ranks and serving as public infor- nity after unclassified briefings left me ATION OF CERTAIN RESOLU-
mation officer before his appointment with many more answers. TIONS REPORTED FROM THE
to sheriff’s sergeant in 2010. As the re- I believe it is imperative that we not COMMITTEE ON RULES
cipient of the Lifesaving Award and the panic, but prepare. Ms. SCANLON. Madam Speaker, by
Unit Citation Award, he has received In San Antonio, this headline reads: direction of the Committee on Rules, I
recognition for all that he has done to ‘‘San Antonio declares emergency after call up House Resolution 877 and ask
protect and inspire our community. CDC released a woman infected with for its immediate consideration.
I thank Sergeant Zamora for his the coronavirus: ‘Totally unaccept- The Clerk read the resolution, as fol-
years of service. I wish him a long and able.’ ’’ lows:
happy retirement filled with many ‘‘Coronavirus: You may need to take
H. RES. 877
more fond memories and plenty of that a 2-week break from your life,’’ CDC
says. Resolved, That at any time after adoption
barbecue shrimp he loves.
of this resolution the Speaker may, pursuant
I am proud of him; our community is I am intending to introduce legisla-
to clause 2(b) of rule XVIII, declare the
proud of him; and I know that Carmen, tion that deals with hourly wage mak- House resolved into the Committee of the
Matthew, and Nicholas are proud of ers in order to protect them if such Whole House on the state of the Union for
him, too. happens. consideration of the bill (H.R. 1140) to en-
f But I think it is important, as well, hance the security operations of the Trans-
to determine what equipment we have portation Security Administration and sta-
PROVIDING SUPPORT TO FAMILIES in the United States, to explain to the bility of the transportation security work-
OF INDIVIDUALS SUFFERING American people that there are now force by applying the personnel system
FROM SUBSTANCE USE DIS- two strains—one more deadly than the under title 5, United States Code, to employ-
ORDER ees of the Transportation Security Adminis-
other—and to be as forthright as you tration who provide screening of all pas-
(Mr. MEUSER asked and was given possibly can. sengers and property, and for other purposes.
permission to address the House for 1 Information provides opportunity to The first reading of the bill shall be dis-
minute and to revise and extend his re- prepare, and it embraces all of the pensed with. All points of order against con-
marks.) community. sideration of the bill are waived. General de-
Mr. MEUSER. Madam Speaker, I rise Finally, it is important that local bate shall be confined to the bill and shall
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today in support of an important bill I health departments have test kits and not exceed one hour equally divided and con-
recently introduced with my friend and that we explain to the Nation that a trolled by the chair and ranking minority
member of the Committee on Homeland Se-
colleague, DAVID TRONE from Mary- vaccine is not easily done. It has to be curity. After general debate the bill shall be
land. researched, tested, and vetted, and considered for amendment under the five-
H.R. 5572, the Family Support Serv- there will be a period of time. minute rule. The amendment in the nature
ices Act, would improve access to non- So our actions should be preparation of a substitute recommended by the Com-
profit community organizations that and prevention, not panic; but the re- mittee on Homeland Security now printed in
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H1478 CONGRESSIONAL RECORD — HOUSE March 4, 2020
the bill shall be considered as adopted in the Lastly, the rule provides suspension mation and a lack of formally documented
House and in the Committee of the Whole. authority for Thursday and same-day guidance on ranking potential new-hires.
The bill, as amended, shall be considered as authority for Wednesday and Thurs- Without complete information, TSA may not
the original bill for the purpose of further be selecting the most highly qualified indi-
day, both limited to the consideration
amendment under the five-minute rule and viduals as TSOs.
shall be considered as read. All points of of a supplemental appropriations bill. Prior to July 2018, TSA had not standard-
order against provisions in the bill, as Madam Speaker, when the Transpor- ized the approach for training new TSOs be-
amended, are waived. No further amendment tation Security Administration was es- fore they attend basic training and did not
to the bill, as amended, shall be in order ex- tablished as a response to the Sep- consistently send TSOs to basic training im-
cept those printed in the report of the Com- tember 11 terrorist attacks in 2001, its mediately following onboarding. TSA also
mittee on Rules accompanying this resolu- Administrator was given broad author- does not give all airports complete visibility
tion. Each such further amendment may be ity over its workforce with respect to into its basic training curriculum as a basis
offered only in the order printed in the re- for training new-hires locally. Without an
setting up pay and workplace condi-
port, may be offered only by a Member des- experienced workforce or a consistent, ro-
ignated in the report, shall be considered as
tions. As such, Transportation Secu- bust training program, TSA is missing op-
read, shall be debatable for the time speci- rity officers, TSOs, have been unable to portunities to strengthen its workforce.
fied in the report equally divided and con- benefit from Fair Labor Standards Act Given the importance of TSOs fulfilling the
trolled by the proponent and an opponent, protections or fall under the general aviation security mission, TSA must address
shall not be subject to amendment, and shall schedule pay scale. This distinction its retention, hiring, and training chal-
not be subject to a demand for division of the puts TSOs in a different class from lenges, which could save millions in tax-
question in the House or in the Committee of other federal workers, preventing them payers’ dollars.
the Whole. All points of order against such from having the representational TSA RESPONSE
further amendments are waived. At the con- TSA concurred with all nine recommenda-
clusion of consideration of the bill for
rights afforded through the Civil Serv-
ice Reform Act of 1978. tions and initiated corrective actions to ad-
amendment the Committee shall rise and re- dress the findings.
port the bill, as amended, to the House with Each day, TSOs screen more than 2
such further amendments as may have been million passengers at over 440 airports Memorandum for: The Honorable David
adopted. The previous question shall be con- nationwide. These workers are critical Pekoske, Administrator, Transportation
sidered as ordered on the bill, as amended, to helping Americans travel safely and Security Administration.
and on any further amendment thereto to make up more than 70 percent of the From: John V. Kelly, Acting Inspector Gen-
final passage without intervening motion ex- Transportation Security Administra- eral.
cept one motion to recommit with or with- Subject: TSA Needs to Improve Efforts to
tion’s workforce. However, TSOs are
out instructions. Retain, Hire, and Train Its Transpor-
SEC. 2. It shall be in order at any time on among the lowest paid Federal workers
and routinely have among the lowest tation Security Officers.
the legislative day of March 5, 2020, for the Attached for your action is our final re-
Speaker to entertain motions that the House retention rate of any Federal agency. port, TSA Needs to Improve Efforts to Re-
suspend the rules as though under clause 1 of TSO annual pay lags well behind indus- tain, Hire, and Train Its Transportation Se-
rule XV, relating to a measure making sup- try counterparts, and even the top per- curity Officers. We incorporated the formal
plemental appropriations for the fiscal year forming TSOs with exceptional per- comments provided by your office.
ending September 30, 2020. formance find it difficult to advance The report contains nine recommendations
SEC. 3. The requirement of clause 6(a) of aimed at improving TSA’s retention, hiring,
rule XIII for a two-thirds vote to consider a within their pay bands.
This was not Congress’ intention and training efforts for its Transportation
report from the Committee on Rules on the Security Officers. Your office concurred with
same day it is presented to the House is when it gave the Administrator broad
all nine recommendations. Based on infor-
waived with respect to any resolution re- latitude to manage its own personnel mation provided in your response to the
ported through the legislative day of March system, nor was it Congress’ intention draft report, recommendations 4, 6, and 8 are
5, 2020, relating to a measure making supple- that this authority should be used to closed while recommendations 1, 2, 5, 7, and
mental appropriations for the fiscal year benefit management over frontline 9 are resolved and open. Once your office has
ending September 30, 2020. TSOs, as is the case today. fully implemented the recommendations,
The SPEAKER pro tempore. The gen- As a result, in the past decade TSA please submit a formal closeout letter to us
tlewoman from Pennsylvania is recog- has come to rank near the bottom in within 30 days so that we may close the rec-
nized for 1 hour. Federal employee morale surveys. This ommendations. The memorandum should be
Ms. SCANLON. Madam Speaker, for accompanied by evidence of completion of
has created a culture in which last agreed upon corrective actions and of the
the purpose of debate only, I yield the year the Department of Homeland Se- disposition of any monetary amounts. Rec-
customary 30 minutes to the gentle- curity Office of Inspector General said ommendation 3 remains unresolved and open
woman from Arizona (Mrs. LESKO), that TSA must address its retention, because we did not agree with TSA’s pro-
pending which I yield myself such time hiring, and training challenges. posed corrective action plan. As prescribed
as I may consume. During consider- Madam Speaker, I include in the by the Department of Homeland Security Di-
ation of this resolution, all time yield- RECORD excerpts from that 2019 report rective 077–01, Follow-Up and Resolutions for
ed is for the purpose of debate only. entitled ‘‘TSA Needs to Improve Ef- the Office of Inspector General Report Rec-
ommendations, within 90 days of the date of
GENERAL LEAVE forts to Retain, Hire, and Train Its
this memorandum, please provide our office
Ms. SCANLON. Madam Speaker, I Transportation Security Officers.’’ with a written response that includes your
ask unanimous consent that all Mem- TSA NEEDS TO IMPROVE EFFORTS TO RETAIN, (1) agreement or disagreement, (2) corrective
bers be given 5 legislative days to re- HIRE, AND TRAIN ITS TRANSPORTATION SE- action plan, and (3) target completion date.
vise and extend their remarks. CURITY OFFICERS Also, please include responsible parties and
The SPEAKER pro tempore. Is there WHAT WE FOUND any other supporting documentation nec-
objection to the request of the gentle- The Transportation Security Administra- essary to inform us about the current status
woman from Pennsylvania? tion (TSA) needs to continue to improve its of the recommendations. Until your response
There was no objection. retention, hiring, and training of Transpor- is received and evaluated, recommendation
tation Security Officers (TSO). Specifically, #3 will be considered open and unresolved.
Ms. SCANLON. Madam Speaker, I Consistent with our responsibility under
TSA needs to better address its retention
yield myself such time as I may con- the Inspector General Act, we will provide
challenges because it currently does not
sume. share and leverage results of TSO exit sur- copies of our report to congressional com-
On Monday, the Rules Committee veys and does not always convey job expecta- mittees with oversight and appropriation re-
met and reported a rule, House Resolu- tions to new-hires. Prior to August 2018, TSA sponsibility over the Department of Home-
tion 877, providing for consideration of did not always focus on TSO career growth. land Security. We will post the report on our
H.R. 1140, the Rights for Transpor- Thus, the agency may be missing opportuni- website for public dissemination.
SSpencer on DSKBBXCHB2PROD with HOUSE
tation Security Officers Act of 2020, ties to prevent early attrition. By improving
its retention efforts, TSA could save funds CONCLUSION
under a structured rule. The rule pro-
otherwise spent to hire and train new TSOs. TSOs are critical to airline passenger safe-
vides 1 hour of general debate equally
Furthermore, TSA does not fully evaluate ty and the security of the aviation transpor-
divided and controlled by the chair and applicants for capability as well as compat- tation system. The Aviation and Transpor-
ranking minority member of the Com- ibility when hiring new TSOs. Thus, the tation Security Act charges TSA with devel-
mittee on Homeland Security and agency may be making uninformed hiring oping standards for retaining, hiring, and
makes in order nine amendments. decisions due to inadequate applicant infor- training security screening personnel at all
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1479
U.S. airports. Passengers rely on TSOs to B contains TSA’s management comments in Working without pay for over a
screen other passengers and baggage prop- their entirety. We also received technical month would be difficult if you made
erly at more than 400 airports nationwide. In comments to the draft report and revised the
three times that amount, Madam
FY 2017, TSA hired more than 9,600 TSOs and report as appropriate. We consider rec-
spent approximately $75 million to recruit, ommendations 1, 2, 5, 7, and 9 resolved and Speaker, but it is unconscionable that
hire, and train them. Improving retention, open. Recommendations 4, 6, and 8 are the Federal Government would force
hiring, and training of TSOs would save closed. Recommendation 3 remains unre- the very people we trust to keep us safe
costs and provide a more stable, mature, and solved and open because we did not agree into having to turn to food banks,
qualified workforce to better secure the Na- with TSA’s proposed corrective action plan. short-term loans, and donations to
tion’s aviation transportation system. A summary of TSA’s responses and our anal-
make ends meet. Yet these Federal
RECOMMENDATIONS ysis follows.
TSA Comments to Recommendation 1: workers kept reporting for work even
Recommendation 1: We recommend the As- TSA concurred with the recommendation. when they couldn’t afford gas and
sistant Administrator, Human Capital, con- TSA explained its efforts to make every TSO
tinue to coordinate efforts with Security Op-
parking. These are not hypotheticals.
applicant aware of the realities of the TSO In my district alone we collected food,
erations to implement actions that facilitate position and ensure the agency conveys job
improvements in the hiring process to ensure expectations to TSO applicants. These ef-
diapers, gas cards, and other neces-
applicants are informed of the Transpor- forts include participating in job fairs and sities for TSOs who were not being
tation Security Officer duties and that TSA career events, hosting in-person and virtual paid.
continues to hire qualified applicants. At a information sessions, attaching an airport-
minimum, TSA should: The Federal Government did not live
specific fact sheet to every TSO Job Oppor-
a. require an applicant affirm whether he/ up to its commitment to these TSOs,
tunity Announcement posted on the Federal
she has reviewed the Transportation Secu- Government’s official employment site, but these civil servants did not waiver
rity Officer Realistic Job Preview video and USAJobs, and creating and sharing the TSO in their dedication to keeping the fly-
understands duties include interacting with Realistic Job Preview video that is commu- ing public safe.
passengers, passenger patdowns, shift work, nicated throughout the hiring process and
weekend work, and holidays. If the applicant My colleagues across the aisle have
accessible through various avenues. TSA will
has not, ensure the applicant reviews the mandate that personnel scheduling the Air- objected to this bill which would sup-
video as part of the application process; and port Assessment review an airport’s hours of port our Federal workers by claiming
b. finalize the implementation of the agen- operations, typical shifts and days off, and that our national security is at risk,
cy’s job compatibility assessment tool for typical duties of the position. Additionally, that TSA would lose flexibility, and
use during the hiring process. TSA will modify the Airport Assessment that the bill is too expensive.
Recommendation 2: We recommend the As- scheduling script to advise that each appli-
sistant Administrator, Human Capital, re- cant is required to watch the TSO Realistic To the first point, I would say that a
vise the exit survey process to: Job Preview video prior to attending the as- TSA staffed by underpaid and over-
a. ensure airports offer local exit inter- sessment. TSA expects these actions to begin worked TSOs is a greater threat to na-
views; by March 31, 2019. Additionally, TSA plans to
b. record results in a centralized system; tional security than paying a fair wage
include a compatibility assessment tool in to keep Americans safe. Pay is one of
c. provide relevant stakeholders access to
the TSO hiring process, which the Office of the top reasons that the TSA struggles
the results for analysis and process improve-
Personnel Management will validate. The es-
ments; and timated completion date to pilot and fully with keeping good employees. We lose
d. address areas identified in the exit sur- current and potential TSOs every day
deploy the compatibility assessment tool is
vey results that would help retain a skilled because they can make more money in
September 30, 2019.
and knowledgeable Transportation Security OIG Analysis of TSA Comments: TSA has
Officer workforce. lower pressure work environments else-
taken steps to satisfy the intent of this rec- where.
Recommendation 3: We recommend the As- ommendation. We consider this rec-
sistant Administrator, Human Capital, con- ommendation resolved, but it will remain Whether in business, law, or govern-
tinue to review and develop recruitment and open until TSA provides documentation to ment, you get what you pay for, and I,
retention strategies for reducing attrition: support that all planned corrective actions
a. at smaller airports; and for one, do not believe that the secu-
b. among part-time Transportation Secu- are completed. rity of our airports and skies or the
rity Officers. Ms. SCANLON. Fortunately, Madam lives of the traveling public are some-
Recommendation 4: We recommend the As- Speaker, this bill before us today will thing we should be looking to get a
sistant Administrator, Human Capital, meet address each of those challenges. The bargain on.
established timelines to implement the first Rights for Transportation Security Of-
phase of Career Progression for newly ap- Further, granting the TSA workforce
ficers Act will honor those who protect
pointed entry-level Transportation Security full collective bargaining rights under
America’s aviation security by bring-
Officers. title 5 would not deny TSA the ability
Recommendation 5: We recommend the As- ing the TSA personnel system within
to remove bad employees or interfere
sistant Administrator, Human Capital, ex- the bounds of the rest of the Federal
with TSA’s authority to direct security
amine increases in pay based upon skill level workforce.
for Transportation Security Officers that H.R. 1140 will put an end to the cur- operations. Federal agencies already
could help attract and retain a strong work- rent TSA personnel directives that under title 5 jurisdiction have the
force. have allowed the TSA to be the judge flexibility to quickly deal with bad ac-
Recommendation 6: We recommend the As- and jury in workforce disciplinary mat- tors, but ensuring that proper proto-
sistant Administrator, Human Capital, com- cols are followed in termination pro-
ters, and require TSA to follow the
pile a local hiring update message to remind ceedings is a right that must be af-
airports to follow TSA records retention labor-management employee relations
statutes that provide workplace rights forded to employees. This includes
policies for Airport Assessment documenta-
tion. and protections to most Federal em- other Federal agencies with security
Recommendation 7: We recommend the As- ployees under title 5 of the U.S. Code; and enforcement operations such as
sistant Administrator, Human Capital, for- the provision that is most notable in Customs and Border Patrol, the De-
mally document system functional require- efforts to increase employee retention partment of Defense, and others.
ments, such as the rating process criteria,
and morale by putting TSOs on the The TSA has had years to address its
for quality assurance purposes to ensure
proper system logic in how applicants are general schedule pay scale and finally issues of recruitment, retention, and
ranked on the Certification Lists. aligning pay with the vast majority of training, but has failed to do so. Now it
Recommendation 8: We recommend the As- other Federal employees. is time for Congress to bring TSA in
sistant Administrator, Training and Devel- This legislation has been a long time line with other Federal agencies. The
opment, coordinate with Security Operations coming for the men and women who TSA is not a new Federal agency, nor
to enforce the pre-Basic Training Program protect our skies and keep millions of
requirements.
is it destined to go away. So, in that
us safe on a daily basis. During the 35- sense we must make sure that these
Recommendation 9: We recommend the As-
SSpencer on DSKBBXCHB2PROD with HOUSE
day partial government shutdown at patriotic civil workers are properly
sistant Administrator, Training and Devel-
opment, provide all airports access to the the end of the last Congress, TSOs were compensated and given the workplace
Basic Training Program curriculum in its required to work for more than 5 weeks rights that they deserve.
entirety. without pay. At Philadelphia Inter-
national Airport in my district, a typ- Madam Speaker, I reserve the bal-
MANAGEMENT COMMENTS AND OIG ANALYSIS
ical entry-level salary for a TSO is ance of my time.
TSA concurred with all of our rec-
ommendations and is taking steps or has im- about $29,000 per year, without includ- Mrs. LESKO. Madam Speaker, I
plemented actions to address them. Appendix ing additional locality pay. thank Representative SCANLON for
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H1480 CONGRESSIONAL RECORD — HOUSE March 4, 2020
yielding me the customary 30 minutes, screening in an elevator, where he told mending solutions—this report documents
and I yield myself such time as I may the passenger to reveal her full breasts difficult, long-standing challenges. The
consume. and to lift her pants and underwear. Panel also found areas of excellence. The
TSO workforce, for example, demonstrates a
Madam Speaker, this bill has six The victim in the case stated that she remarkable level of dedication to their work.
main aspects that I have major con- complied with the TSO’s instructions Even during the seven-week partial govern-
cerns with. out of fear that he would inappropri- ment shutdown, the vast majority of TSOs
First, the bill eliminates TSA’s ately touch her. showed up and did their jobs. Some even par-
unique personnel management authori- This sort of horrible incident is why ticipated in recruiting events to help TSA
ties created in the Aviation and Trans- it is imperative that TSA retain its recruit new officers. Given the low pay and
portation Security Act of 2001, com- one-step removal process for employees difficult working conditions that are inher-
monly known as ATSA. who sully the integrity and honor of ent in TSA’s screening work, the dedication
these officers show is extraordinary.
This legislation moves employees of the TSA mission and put American TSA’s low ranking in the Partnership for
the TSA into the government pay travelers at risk. Public Service’s Best Places to Work in the
schedule. In 2001, when Congress cre- Under title 5 protections, this TSA Federal Government may lead some to con-
ated TSA, the decision was made not to screener that I just talked about could clude that there are no great leaders in TSA.
do this in order to give the agency remain on the Federal Government’s That is not true. The Panel found there are
flexibility. At present, the TSA Admin- payroll for years before removal. That airports with outstanding leaders whose
istrator has authority over employee is wrong. Under this bill, TSA leader- work clearly demonstrates excellence. The
ship would lose the flexibility to re- challenge facing TSA is to take the lessons
pay, hiring, termination, and dis-
learned from those airports, feedback from
cipline. spond effectively to incidents such as employees and stakeholders, and Panel rec-
TSA has repeatedly told us that plac- the one I just described. ommendations to transform human capital
ing the screener workforce under title 5 The second reason I have concerns operations agency-wide.
would tie the agency’s hands related to about this bill is just recently in 2019, The Panel’s key findings and recommenda-
national security policy, workforce the bipartisan Blue Ribbon Panel for tions are categorized into two major areas:
management, and collective bar- the Transportation Security Adminis- Examining Human Capital Service Delivery
gaining. tration on Human Capital Service De- and Supporting the Transportation Security
livery specifically recommended that Officer (TSO) Workforce.
Specifically, TSA would not be able TSA human capital challenges include in-
to continue a one-step removal process TSA not—I repeat not—switch to the effective use of Aviation and Transportation
for employees found to have committed general schedule, GS, system, calling it Security Act (ATSA) flexibilities, an ill-de-
serious security breaches or mis- overly rigid and outdated. fined service delivery model that relies on
conduct, such as allowing unauthorized b 1245 contractors with insufficient oversight and
access to secure areas or allowing inadequate Human Capital Information
threat items and illicit contraband This panel is comprised of former of- Technology, poorly trained field staff, and a
through the security checkpoint. ficials from both Republican and headquarters human capital office that lacks
Democratic administrations, and it is strategic focus and demonstrates insufficient
TSA’s ability to move employees to teamwork.
different checkpoints based on pas- led by a Department of Homeland Se-
The policy and human capital operations
senger volume would also be curtailed. curity official from the Obama admin-
challenges appear to result from deficiencies
Currently, TSA can set new security istration. in the Office of Human Capital (OHC) and an
They all pointed out that, under the inconsistent approach to field delivery of
policies TSOs must follow and move
current system and law, TSA can pay human capital services. The OHC suffers
TSOs between checkpoints to manage
its employees more than they can from a lack of teamwork and leadership
passenger volume. Under this bill, how-
make under title 5. It called on TSA to challenges. Interviews with customers,
ever, both actions would be subject to
use the statutory flexibility Congress stakeholders, and OHC staff make clear that
collective bargaining and the security human capital programs are not designed in
provided it to provide targeted pay in-
measures could be limited as a result. the context of a cohesive strategy. OHC cus-
TSA’s ability to set security screen- creases, which I support. The Blue Rib-
tomers gave negative feedback on key pro-
ing policies, such as when and how to bon Panel specifically recommended
grams, particularly human capital informa-
conduct pat-downs, would be nego- against the policies contained in H.R. tion technology systems, classification and
tiable with the union instead of being 1140. position management, and hiring and pay,
Madam Speaker, I include in the with a few bright spots in employee relations
driven by national security impera-
RECORD the Blue Ribbon Panel report, and training. OHC leaders consistently re-
tives.
titled ‘‘Final Findings and Rec- ported a culture where cooperation across
In fact, the bill eliminates the TSA’s OHC organizations was lacking and peer re-
ommendations, Blue Ribbon Panel for
authority to immediately fire employ- lationships are poor.
the Transportation Security Adminis-
ees for serious misconduct, including TSA’s Human Capital Office issues are sig-
tration.’’
sexual assault, drug and alcohol abuse, nificant, but the Panel has encountered
FINAL FINDINGS AND RECOMMENDATIONS other human capital organizations with such
arrest, theft, and intentional security
BLUE RIBBON PANEL FOR THE TRANSPORTATION issues that have been transformed into effec-
breaches, such as allowing guns,
SECURITY ADMINISTRATION (TSA) tive units. With significant leadership sup-
knives, and explosives past the check-
The Transportation Security Administra- port, the Panel believes the improvements in
point. In recent years, there have been tion (TSA) has faced numerous challenges Human Capital Office leadership, work proc-
several incidents of TSOs assaulting with human capital policy, operations, and esses and policies required for TSA to have
passengers, stealing passenger items, services to support mission requirements. acceptable human capital services are
and allowing drugs past the check- The Agency determined it needed a third- achievable and has included recommenda-
point. Now, we all know the majority party review to identify the underlying prob- tions for implementable and substantive
of TSOs are good people doing good lems and recommend solutions. ICF was con- changes that will provide a way forward for
jobs. But there are some bad actors. tracted to perform the work and convened a TSA. This report includes multiple rec-
On February 6, 2020, the State of Blue-Ribbon Panel (the Panel) to review, ommendations. The most pressing among
analyze, and make recommendations for im- those recommendations are the need for
California announced the arrest and
provements. This Report documents the ‘‘As more effective human capital leadership, a
prosecution of a former TSA screener Is’’ state and recommendations for improve- well thought out process for human capital
resulting from a joint investigation ef- ment. It is based on extensive interviews service delivery, greater use of ATSA flexi-
fort by Federal, State, and local en- with Office of Human Capital (OHC) and bilities, modern human capital technology,
forcement agencies and the TSA. other headquarters (HQ) stakeholders, inter- and standardizing and realigning the field
According to the criminal complaint, views with airport leaders, and focus groups human capital structure. Adoption of these
SSpencer on DSKBBXCHB2PROD with HOUSE
the TSA screener used fraud or deceit with the National Advisory Council (NAC) recommendations, coupled with actions TSA
to falsely imprison a woman going and Transportation Security Officers (TSOs). is already taking to make improvements,
through security while stationed as a In addition, the Panel reviewed documents should result in significantly improved
and data provided by TSA. ICF also analyzed human capital policies and services.
travel document checker at Los Ange- TSA data to look for trends, corroboration, The 2018 TSA Exit Survey report indicated
les International Airport in June of or potential root causes of identified issues. employees were concerned about leadership
2019. The screener allegedly insisted Because of the nature of the Panel’s issues, having experienced a ‘‘lack of man-
that the woman passenger needed extra work—identifying problems and recom- agement skills,’’ ‘‘unfair practices (e.g., in
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1481
performance appraisal, disciplinary actions, increases can cost tens of millions of dollars. As such, this bill benefits one specific
career advancement, etc.),’’ ‘‘unequal levels The Panel recommends targeted pay raises, union, the American Federation of
of respect,’’ a ‘‘hostile work environment,’’ rather than across-the-board increases that Government Employees. The bill does
and ‘‘inadequate communication with the might consume precious salary dollars to
workforce.’’ TSOs perceive favoritism and raise pay in locations where pay is not a not provide for an intervening election
express an inability to voice complaints problem. to give screeners the right to choose
about issues. Although TSOs identify pay as the key which union they want to represent
The Panel believes the systemic problems driver of turnover, the Panel believes other them.
with TSO pay may be a major contributor to problematic issues must be addressed as In 2011, AFGE was recognized by the
some of those perceptions, due to the inabil- well. If pay problems are reduced, the other Obama administration to represent the
ity of TSOs (even those with exceptional per- issues will continue to affect morale and
turnover. Other key recommendations ad-
screener workforce after two elections.
formance ratings) to advance within their
dress the hiring process, which the Panel be- Approximately 8,900 screeners voted for
pay bands. Employee perceptions of leader-
ship and organizational fairness may under- lieves should be significantly modernized, the union. However, today, there are
mine their commitment to stay at TSA. and leader selection and development, which approximately 45,000 screeners subject
Surveys and Focus Groups reveal that TSO is essential to address many of the morale to this bill. While TSA employees did
pay is a key issue for the screening work- issues that are contributors to morale prob- select AFGE as their bargaining agent
force, and a complex problem. These officers lems and turnover. The Panel also rec-
in 2011, it is remarkable that this bill
work long hours, have difficult working con- ommends changes to the promotion process
and support for Information Technology im- specifically dictates which union will
ditions, and are the backbone of the TSA
provements that can simultaneously in- be representing TSA employees with-
mission. By some measures, TSO annual pay
in some locations lags well behind industry crease operational efficiency and trans- out a more recent vote or all employ-
counterparts. TSO perceptions regarding in- parency, likely reducing concerns of favor- ees voting.
equity in their pay are aggravated by the itism expressed by the TSO workforce. Sixth, this bill, once again, is a par-
One recommendation the Panel heard re- tisan messaging bill that will not be-
fact that their pay averages about one-third
peatedly from employees was moving TSA
of that of TSA employees in Management,
into the General Schedule (GS). The Panel come law. We know that because I
Administration and Professional (MAP) posi- highly doubt the Senate is going to
does not agree. The General Schedule is a 70
tions. The Panel recognizes that the nature year-old classification and compensation hear this bill. Yet again, the majority
of the TSO’s work and that of employees in system from the last century and is the sub- refuses to work with the minority to
MAP positions means a disparity in pay is ject of countless studies and recommenda-
always going to exist. While there is no indi-
move viable legislation to address real
tions from good government organizations problems.
cation it was deliberate, TSA’s use of its who consistently find it is too inflexible to
flexibilities has boosted MAP pay above gov- Madam Speaker, I urge opposition to
meet the needs of the 21st century work-
ernment averages, with TSO pay remaining the rule, and I reserve the balance of
force. A better course of action is to use ex-
below those averages for comparable jobs. isting ATSA flexibility to improve the TSA my time.
The disparity is driven in part by a pay and pay system so that it operates at a level su- Ms. SCANLON. Mr. Speaker, I yield
performance management process that pro- perior to the GS system. myself such time as I may consume.
vides little hope of movement, especially This Report provides a high-level roadmap Mr. Speaker, as expected, we have
within the E-Band. A TSO at the bottom of for changes to TSA’s Human Capital policies heard that eliminating the unique per-
the E-band, even with exceptional perform- and processes, which if adopted, should have
ance ratings year after year, would take sonnel management tools that were
a significant positive impact on TSA work-
more than 30 years to reach the top of the E- initially afforded to the TSA is some-
force and mission operations.
Band. This produces the effect that the E- how going to undermine the organiza-
Band pay range is illusory, with few TSOs in
Mrs. LESKO. Madam Speaker, third, tion, but this ignores the reality that
the middle or at the top of the band. some benefits currently available to those tools are no longer needed nor ef-
TSO turnover is high in the first three the screener workforce under ATSA fective.
years in comparison to other positions in would not be possible if this bill were The record is replete with evidence
TSA and in the federal workforce. TSO turn- to become law. that we need to reform the way the
over is somewhat consistent with other low The bill does not fix the morale prob-
wage jobs in the private sector with com- TSA is managed in order to address
lem.
parable skill requirements for initial hiring, The bill does not guarantee addi- very, very serious issues of recruit-
where annual turnover rates of 20 percent or tional pay or benefits for TSOs. It may ment, retention, and training.
more are common. That does not mean TSA
actually make situations worse. The What is posited here is a false choice
should accept high turnover as a given. The between workers’ rights and national
cost of turnover (in terms of recruiting, hir- bill eliminates the authority TSA has
to pay TSOs more than other Federal security, and we reject that choice.
ing and training replacement officers and We were given an example of gross
lower productivity of newer and less skilled employees under title 5.
It also eliminates several benefits, sexual misconduct as a reason why
officers) is high and the effect on the work-
force which carries the screening workload such as the broadest application of vet- workers shouldn’t have organizational
in absence of a full TSO cohort is significant. erans’ hiring preference in the Federal rights. But under title 5’s rule, which
If TSA can retain Officers beyond the first Government, meaning that veterans would apply under this bill, agencies
three years, turnover reduces to a much may not get the same preference that can expedite personnel actions against
more manageable level. they do now; shift trades between em- employees accused of criminal activ-
Turnover among longer term employees ity, and they also can be removed from
may be driven by the stability of employ- ployees; voluntary leave transfers; par-
tial overtime pay as compensation for their duty post for potential harm to
ment and benefits TSOs receive. Although
TSA operates outside of the general govern- schedule changes; and career progres- themselves or to others.
ment pay and classification statutes found in sion bonuses of up to 5 percent of a Again, this is a false choice between
Title 5 of the U.S. Code, the agency offers screener’s salary. workers’ rights and national security,
the same or better benefits as other agencies Fourth, we have yet to receive a CBO or just plain old management.
and provides greater job security than many score. However, TSA estimates the bill Mr. Speaker, I yield 3 minutes to the
private sector employers. As a result, if TSA will cost $1.2 billion over the next 5 gentlewoman from Texas (Ms. JACKSON
can address pay, leadership, and turnover years. To cover the cost, funding for se- LEE).
issues, the Panel believes the agency will see Ms. JACKSON LEE. Mr. Speaker, I
reduced costs, better morale, and a more sta-
curity priorities would be reduced. The
bill does not even have a specific au- thank the gentlewoman from Pennsyl-
ble workforce.
This report includes recommendations to thorization of appropriations or means vania (Ms. SCANLON), a member of the
address TSO pay and advancement, and of paying for moving these employees Rules Committee, for her leadership. I
other critical issues for the TSO workforce. under title 5. thank the minority’s representative, as
Although we often find that pay is a sec- The fifth reason I have a concern on well.
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ondary issue for employees and other leader- this bill, H.R. 1140, amounts to a forced Mr. Speaker, I rise to enthusiasti-
ship issues tend to drive turnover, Focus unionization of the TSA workforce and cally support H.R. 1140. I am very
Group findings highlight pay as the greatest proud to be an enthusiastic cosponsor
a forced designation of the union that
issue driving turnover.
The Panel acknowledges that TSA recog- will represent that same workforce. It of this legislation and to explain to my
nizes the pay issues and is seeking ways to does not allow for an intervening elec- colleagues and the American people
address them. The scale of TSA operations tion for TSA screeners to choose their how we started the Committee on
means that even small across-the-board pay labor representation. Homeland Security, as a founding
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H1482 CONGRESSIONAL RECORD — HOUSE March 4, 2020
member, if you will, being here during support their families. To give them The SPEAKER pro tempore. Is there
the heinous terrorist acts of 9/11 and the opportunity to, first of all, have a objection to the request of the gentle-
knowing that the Nation needed to put right to grievance, to ensure that they woman from Arizona?
together quickly a Homeland Security have nonreduction on pay and com- There was no objection.
Department, second in size to the De- pensation, that they have preservation Mrs. LESKO. Mr. Speaker, the Boy-
partment of Defense, I believe. of their civil rights—there is no right cott, Divestment and Sanctions cam-
We organized the Transportation Se- to strike. But it is a right to have the paign, commonly known as BDS, is
curity Administration fast and in a ability to engage their employer and to anti-Israel, anti-peace, and damaging
way that the Administrator would, be able to be respected. to U.S. interests.
really, have all powers—all powers. In Mr. Speaker, I am enthusiastic about This bill amends the Export Adminis-
doing so, we failed to give them Fed- this. Names like Bill and Patrick and tration Act of 1979 to prohibit boycotts
eral civil service protection. So, this Alfred, other men and women of the or requests for boycotts imposed by
legislation is legislation that is crucial Transportation Security Administra- international governmental organiza-
tion, the TSOs’ names, I am sure, that tions against Israel. This will protect
because the TSA workforce is among
we could call in our respective airports, American companies from being forced
the lowest paid in the Federal Govern-
the people we know every day, our to give information to international
ment and lacks basic workplace protec-
neighbors. They do a great and fine job. organizations for the furthering of boy-
tion afforded to most other govern-
We must pass this bill, and I hope we cotts against Israel.
ment workers. As a result, TSA strug- This bill establishes Congress’ oppo-
gles with low morale and high attri- pass it in a bipartisan way. Think
about not paying those who are saving sition to the Boycott, Divestment and
tion. Sanctions movement, and establishes
Mr. Speaker, H.R. 1140, the Rights for your lives every single day in the Na-
tion’s airports. Think about how you that Congress considers the United Na-
Transportation Security Officers Act of tions Human Rights Council’s creation
2020, is nothing that has been pre- are treating them. Think about the low
pay. Think about the compensation of a database of companies doing busi-
viously described—nothing like that. It ness in the West Bank, East Jerusalem,
is an opportunity to maintain a profes- that does not allow them to have high
morale. and the Golan Heights in March 2016 to
sional force of individuals who every be an act of BDS.
Mr. Speaker, I am grateful for the
day protect Americans.
It is unfortunate that, as we go show of support for passing this bill, b 1300
through our normal life and we see and I ask my colleagues to support it. We cannot be quiet when it comes to
Mrs. LESKO. Mr. Speaker, I yield combating anti-Semitism and anti-
TSO officers, and we see them in their
myself such time as I may consume. Israel mentalities. We need to work to-
blue shirts and their dark pants, we Mr. Speaker, I, too, support increas-
take them for granted, quite frankly. gether in Congress and pass common-
ing pay for our TSOs. I am the ranking sense legislation on this issue. H.R.
As a former chair of the Transpor- member, Republican member, on the
tation Security Subcommittee of the 5595 does just that.
Homeland Security Subcommittee on Mr. Speaker, I yield 5 minutes to the
Homeland Security Committee, I was Transportation and Maritime Security,
intimately engaged in knowing just gentleman from New York (Mr.
so we have had hearings on this. ZELDIN), my good friend.
what the work was that they did. I do believe that they need to get a
Do we understand the numbers of Mr. ZELDIN. Mr. Speaker, I urge my
pay increase. It is a tough job. The colleagues to defeat the previous ques-
weapons that are found every day? I ones I go through, in the Phoenix and
am saying it generically because some tion so that the House may take up
Washington DCA airports, do a good H.R. 5595, the Israel Anti-Boycott Act,
of this is classified. job. So I am not opposed to that at all,
The number of incidences that are that would help fight back against the
and I am hoping I can work together BDS movement.
thwarted, if you will, by TSO officers— with my Democratic colleagues on the This bill would prohibit boycotts or
do we realize that one of our great offi- budget so we can try to increase the requests for boycotts imposed by inter-
cers lost his life in Los Angeles, and his budget so that they can increase pay national governmental organizations
family suffers? for good TSOs who are doing a good against Israel and would protect Amer-
This bill would provide reasonable job. ican companies from being coerced to
protection. It would give gradations of But what I do know is that I don’t provide information to those organiza-
salaries. It will allow us to keep a pro- like this bill. I already said the reasons tions for the purpose of furthering boy-
fessional staff. why I don’t like this bill, but one of cotts against Israel.
We attempted to put a Band-Aid on them is specifically about the case I This bill holds individuals who at-
this by providing for professional de- talked about where a bad TSO officer, tempt to violate this protection ac-
velopment training in Georgia, where someone who did a bad thing—sexually countable. Additionally, it establishes
other Federal law enforcement acad- assaulted a woman—that then they Congress’ opposition to the BDS move-
emies were. That was not enough. wouldn’t be removed immediately if ment and condemns the United Na-
In fact, they had to change it for this bill came into law. tions’ Human Rights Council’s creation
these individuals who work for a period My colleague, Representative SCAN- of a blacklist of companies doing busi-
of time before they went to the acad- LON, said: Well, under title 5 rules, they ness in the West Bank, East Jerusalem,
emy because they were losing people could be removed from their post. and the Golan Heights as an act of
after they went to the academy be- Well, that is good, but they are still BDS.
cause they were not earning the com- getting paid. And I can tell you what, This legislation does not impede the
pensation that they should. There was I bet if I went out on the street right right of any individual American to
no promotion. now and I said: Do you think it is fine boycott or criticize Israel. It is okay to
Just the other day, a very fine young if a TSO officer sexually assaulted a have reasonable, legitimate concerns
woman, excellent, who was respected woman on an elevator under false pre- with any government, including our
and had come up to headquarters, she tenses, do you think that Federal em- own and allies like Israel, but this
left us for another Federal agency be- ployee should still be getting paid? hate-fueled movement is not all about
cause there was no advancement or op- They would say absolutely not. They affirming the rights of Palestinians.
portunity. would be outraged. That is one of my The BDS movement has fueled anti-
The SPEAKER pro tempore (Mr. major concerns on this bill. Semitism across college campuses and
RUIZ). The time of the gentlewoman Mr. Speaker, if we defeat the pre- in our country’s politics. I hear from
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has expired. vious question, I will bring to the floor Jewish students on college campuses
Ms. SCANLON. Mr. Speaker, I yield H.R. 5595, the Israel Anti-Boycott Act. across America who are being sub-
an additional 1 minute to the gentle- Mr. Speaker, I ask unanimous con- jected to blatant anti-Semitism under
woman from Texas. sent to insert the text of my amend- the guise of BDS. For example, at Syr-
Ms. JACKSON LEE. Mr. Speaker, ment in the RECORD, along with extra- acuse University, they are granting in-
these are fine Americans. Many of neous material, immediately prior to ternship school credit to students in-
them are former military, and they the vote on the previous question. terning with pro-BDS organizations
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1483
after a slew of anti-Semitic graffiti cans would be without a paycheck for Mrs. LESKO. Mr. Speaker, on that I
vandalized the school. weeks at a time—over the holidays, no demand the yeas and nays.
The founder of BDS was blatantly less. The yeas and nays were ordered.
anti-Semitic, and this movement is Working people all over the United The SPEAKER pro tempore. Pursu-
being pushed by many people who sup- States are sacrificing more and earning ant to clause 9 of rule XX, the Chair
port a one-state solution that would less. This is a systemic problem that will reduce to 5 minutes the minimum
end Israel, our Nation’s greatest ally. will not be solved by this bill. But, in time for any electronic vote on the
BDS tries to delegitimize Israel by order to rebuild the middle class that question of adoption of the resolution.
turning it into a pariah state cut off got so many of us into this body where The vote was taken by electronic de-
from all trade, tourism, military, dip- we are today, we need to value Federal vice, and there were—yeas 219, nays
lomatic, and cultural ties with the rest workers for the job they do and the 194, not voting 16, as follows:
of the world. Last month, the U.N. did services they provide to all of us. [Roll No. 83]
it again and published a blacklist of There are times and places for cut- YEAS—219
companies doing business in the West ting costs and reducing expenses, but I Adams Garcı́a (IL) Norcross
Bank. do not believe that we as a body should Aguilar Garcia (TX) O’Halleran
We must forcefully condemn this. do so in a way that negatively impacts Allred Golden Ocasio-Cortez
This House, last year, passed H. Res. national security or does so to the det- Axne Gonzalez (TX) Omar
Barragán Gottheimer Pallone
246, a resolution to condemn the BDS riment of the men and women who Bass Green, Al (TX) Panetta
movement. Making a statement was a keep us safe. I believe it is the respon- Beatty Haaland Pappas
start, but now it is time to do some- sibility of the Federal Government to Bera Harder (CA) Pascrell
thing about it and pass legislation with Beyer Hastings Payne
responsibly pay its Federal workers. Bishop (GA) Hayes Perlmutter
teeth. The hundreds of thousands of civil Blumenauer Heck Peters
Mr. Speaker, I urge my colleagues to servants in this country do not belong Blunt Rochester Higgins (NY) Peterson
defeat the rule and defeat the previous to one political party or all subscribe Bonamici Himes Phillips
Boyle, Brendan Horn, Kendra S. Pingree
question. to the same political beliefs. No, they F. Horsford Pocan
Ms. SCANLON. Mr. Speaker, I re- do their jobs because they are in serv- Brindisi Houlahan Porter
serve the balance of my time. ice to this Nation, and, in return, they Brown (MD) Hoyer Pressley
Mrs. LESKO. Mr. Speaker, I yield Brownley (CA) Huffman
deserve reasonable wages and rights in Bustos Jackson Lee
Price (NC)
myself the balance of my time. Quigley
the workplace. I do not think that this Butterfield Jayapal Raskin
In closing, I want to urge my Demo- is too much to ask. Carbajal Jeffries Rice (NY)
cratic colleagues to vote against this Mr. Speaker, I urge a ‘‘yes’’ vote on Cárdenas Johnson (GA) Richmond
rule and H.R. 1140 and the previous Carson (IN) Kaptur Rose (NY)
the rule and the previous question. Cartwright Keating
question so we can assert my anti-BDS Rouda
The material previously referred to Case Kelly (IL) Ruiz
amendment. by Mrs. LESKO is as follows: Casten (IL) Kennedy Ruppersberger
The bill, as I stated, would eliminate AMENDMENT TO HOUSE RESOLUTION 877 Castor (FL) Khanna Rush
Castro (TX) Kildee
TSA’s ability to immediately fire em- At the end of the resolution, add the Chu, Judy Kilmer
Ryan
ployees for serious misconduct, like Sánchez
following: Cicilline Kim Sarbanes
what happened in California. The bill SEC. 4. Immediately upon adoption of this
Cisneros Kind
Scanlon
would also take away TSA’s ability to Clark (MA) Kirkpatrick
resolution, the House shall resolve into the Schakowsky
Clay Krishnamoorthi
give the TSOs many of the benefits Committee of the Whole House on the state Cleaver Kuster (NH)
Schiff
Schneider
that they currently get, such as bo- of the Union for consideration of the bill Clyburn Lamb
Schrader
nuses and overtime pay. (H.R. 5595) to impose additional prohibitions Cohen Langevin
Schrier
relating to foreign boycotts under Export Connolly Larsen (WA)
I really think we need to work to- Cooper Larson (CT)
Scott (VA)
gether to ensure TSA employees are Control Reform Act of 2018, and for other Serrano
Correa Lawrence
happy and enjoy their work, and that is purposes. The first reading of the bill shall Costa Lawson (FL)
Sewell (AL)
be dispensed with. All points of order against Shalala
why I said I am supportive of increas- Courtney Lee (CA)
consideration of the bill are waived. General Cox (CA) Sherrill
Lee (NV)
ing their pay, especially that of good debate shall be confined to the bill and shall Craig Levin (CA) Slotkin
and productive TSOs. We need to pro- Crist Levin (MI) Smith (WA)
not exceed one hour equally divided and con-
Soto
vide incentives to help bring good mo- trolled by the chair and ranking minority Crow Lieu, Ted
Spanberger
Cuellar Lipinski
rale to these hardworking employees, member of the Committee on Foreign Af-
Cunningham Loebsack Speier
not the opposite. fairs. After general debate the bill shall be Davids (KS) Lofgren Stanton
Mr. Speaker, I urge ‘‘no’’ on the pre- considered for amendment under the five- Davis (CA) Lowenthal Stevens
minute rule. All points of order against pro- Davis, Danny K. Lowey Suozzi
vious question, ‘‘no’’ on the underlying Swalwell (CA)
visions in the bill are waived. When the com- Dean Luján
measure, and I yield back the balance mittee rises and reports the bill back to the DeFazio Luria Takano
of my time. House with a recommendation that the bill DeGette Lynch Thompson (CA)
Ms. SCANLON. Mr. Speaker, I yield DeLauro Malinowski Thompson (MS)
do pass, the previous question shall be con- Titus
myself the balance of my time. DelBene Maloney,
sidered as ordered on the bill and amend- Delgado Carolyn B. Tlaib
H.R. 1140 is a pro-security and pro- ments thereto to final passage without inter- Demings Maloney, Sean Tonko
Federal worker piece of legislation. vening motion except one motion to recom- DeSaulnier Matsui Torres (CA)
The TSA is no longer a startup agen- mit with or without instructions. If the Deutch McAdams Torres Small
Committee of the Whole rises and reports Dingell McBath (NM)
cy requiring maximum flexibility dur- Doyle, Michael McCollum Trahan
that it has come to no resolution on the bill,
ing a period of national emergency, and F. McEachin Trone
then on the next legislative day the House
Congress, in previous administrations, shall, immediately after the third daily
Engel McGovern Underwood
Escobar McNerney Vargas
has taken actions to reflect that. order of business under clause 1 of rule XIV, Vela
Eshoo Meeks
Ten years after its creation, in 2011, resolve into the Committee of the Whole for Espaillat Meng Velázquez
TSA employees were given labor union further consideration of the bill. Evans Moore Visclosky
representation. This was a good step SEC. 5. Clause 1(c) of rule XIX shall not Finkenauer Morelle Wasserman
apply to the consideration of H.R. 5595. Fletcher Moulton Schultz
forward. However, the time is now to Foster Mucarsel-Powell Watson Coleman
provide the 60,000 TSA employees the Ms. SCANLON. Mr. Speaker, I yield Frankel Murphy (FL) Welch
same worker rights and protections af- back the balance of my time, and I Fudge Nadler Wexton
forded to other Federal workers under move the previous question on the res- Gabbard Napolitano Wild
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Gallego Neal Wilson (FL)
the U.S. Code. olution. Garamendi Neguse Yarmuth
It is a sad and shameful day for the The SPEAKER pro tempore. The
government when anyone is forced to question is on ordering the previous NAYS—194
turn to food pantries to feed their fam- question. Abraham Armstrong Balderson
Aderholt Arrington Banks
ily, employed or not, but it is unac- The question was taken; and the Allen Babin Barr
ceptable that Federal workers who Speaker pro tempore announced that Amash Bacon Bergman
work to protect and serve all Ameri- the ayes appeared to have it. Amodei Baird Biggs
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H1484 CONGRESSIONAL RECORD — HOUSE March 4, 2020
Bilirakis Hagedorn Perry [Roll No. 84] Gaetz LaMalfa Rutherford
Bishop (NC) Harris Posey Gallagher Lamborn Scalise
Bishop (UT) Hartzler Reed YEAS—220 Gianforte Latta Schweikert
Bost Hern, Kevin Reschenthaler Adams Garamendi Neguse Gibbs Lesko Sensenbrenner
Brady Herrera Beutler Rice (SC) Aguilar Garcı́a (IL) Norcross Gohmert Long Shimkus
Brooks (AL) Hice (GA) Riggleman Allred Garcia (TX) O’Halleran Gonzalez (OH) Loudermilk Simpson
Brooks (IN) Higgins (LA) Roby Axne Golden Ocasio-Cortez Gooden Lucas Smith (MO)
Buchanan Hill (AR) Rodgers (WA) Barragán Gonzalez (TX) Omar Gosar Luetkemeyer Smith (NE)
Buck Holding Roe, David P. Bass Gottheimer Pallone Granger Marchant Smith (NJ)
Bucshon Hollingsworth Rogers (AL) Beatty Green, Al (TX) Panetta Graves (GA) Marshall Smucker
Budd Hudson Rogers (KY) Bera Haaland Pappas Graves (LA) Massie Spano
Burchett Huizenga Rouzer Beyer Harder (CA) Pascrell Graves (MO) Mast Stauber
Burgess Hurd (TX) Roy Bishop (GA) Hastings Payne Green (TN) McCarthy Stefanik
Calvert Johnson (LA) Rutherford Blumenauer Hayes Perlmutter Griffith McCaul Steil
Carter (GA) Johnson (OH) Scalise Blunt Rochester Heck Peters Grothman McClintock Steube
Carter (TX) Johnson (SD) Schweikert Bonamici Higgins (NY) Peterson Guest McHenry Stewart
Chabot Jordan Scott, Austin Boyle, Brendan Himes Phillips Guthrie McKinley Stivers
Cheney Joyce (OH) Sensenbrenner F. Horn, Kendra S. Pingree Hagedorn Meadows Taylor
Cline Joyce (PA) Brindisi Horsford Pocan Harris Meuser Thompson (PA)
Shimkus
Cloud Katko Brown (MD) Houlahan Porter Hartzler Miller Thornberry
Simpson
Cole Keller Brownley (CA) Hoyer Pressley Hern, Kevin Mitchell Timmons
Smith (MO)
Collins (GA) Kelly (MS) Bustos Huffman Price (NC) Herrera Beutler Moolenaar Tipton
Smith (NE)
Comer Kelly (PA) Butterfield Jackson Lee Quigley Hice (GA) Mooney (WV) Turner
Smith (NJ)
Conaway King (IA) Carbajal Jayapal Raskin Higgins (LA) Mullin Upton
Smucker
Cook King (NY) Cárdenas Jeffries Rice (NY) Hill (AR) Murphy (NC) Van Drew
Spano
Crawford Kinzinger Carson (IN) Johnson (GA) Richmond Holding Newhouse Wagner
Stauber
Crenshaw Kustoff (TN) Cartwright Kaptur Rose (NY) Hollingsworth Norman Walberg
Stefanik
Curtis LaHood Case Keating Rouda Hudson Nunes Walden
Steil
Davidson (OH) LaMalfa Casten (IL) Kelly (IL) Ruiz Huizenga Olson Walker
Davis, Rodney Lamborn Steube Hurd (TX)
Castor (FL) Kennedy Ruppersberger Palazzo Walorski
DesJarlais Latta Stewart Johnson (LA) Palmer Waltz
Stivers Castro (TX) Khanna Rush
Diaz-Balart Lesko Chu, Judy Kildee Ryan Johnson (OH) Pence Watkins
Duncan Long Taylor Johnson (SD) Perry Weber (TX)
Thompson (PA) Cicilline Kilmer Sánchez
Dunn Loudermilk Cisneros Kim Sarbanes Jordan Posey Webster (FL)
Emmer Lucas Thornberry Joyce (OH) Reed Wenstrup
Timmons Clark (MA) Kind Scanlon
Estes Luetkemeyer Clarke (NY) Kirkpatrick Schakowsky Joyce (PA) Reschenthaler Westerman
Ferguson Marchant Tipton Katko Rice (SC) Williams
Turner Clay Krishnamoorthi Schiff
Fitzpatrick Marshall Cleaver Kuster (NH) Schneider Keller Riggleman Wilson (SC)
Fleischmann Massie Upton Kelly (MS) Roby Wittman
Clyburn Lamb Schrader
Flores Mast Van Drew Kelly (PA) Rodgers (WA) Womack
Cohen Langevin Schrier
Fortenberry McCarthy Wagner King (IA) Roe, David P. Woodall
Connolly Larsen (WA) Scott (VA)
Foxx (NC) McCaul Walberg King (NY) Rogers (AL) Wright
Cooper Larson (CT) Serrano
Fulcher McClintock Walden Kinzinger Rogers (KY) Yoho
Correa Lawrence Sewell (AL)
Gaetz McHenry Walker Kustoff (TN) Rouzer Young
Costa Lawson (FL) Shalala
Gallagher McKinley Walorski LaHood Roy Zeldin
Courtney Lee (CA) Sherrill
Gianforte Meadows Waltz
Cox (CA) Lee (NV) Slotkin NOT VOTING—17
Gibbs Meuser Watkins
Craig Levin (CA) Smith (WA)
Gohmert Miller Weber (TX) Bilirakis Lewis Scott, David
Crist Levin (MI) Soto
Gonzalez (OH) Mitchell Webster (FL) Byrne Ratcliffe Sherman
Crow Lieu, Ted Spanberger
Gooden Moolenaar Wenstrup Cuellar Doggett Rooney (FL) Sires
Lipinski Speier
Gosar Mooney (WV) Westerman Cunningham Loebsack Stanton Gomez Rose, John W. Veasey
Granger Mullin Williams Davids (KS) Lofgren Stevens Grijalva Roybal-Allard Waters
Graves (GA) Murphy (NC) Wilson (SC) Davis (CA) Lowenthal Suozzi Johnson (TX) Scott, Austin
Graves (LA) Newhouse Wittman Davis, Danny K. Lowey Swalwell (CA)
Graves (MO) Norman Womack
Green (TN) Nunes Woodall
Dean Luján Takano b 1344
DeFazio Luria Thompson (CA)
Griffith Olson Wright DeGette Lynch Thompson (MS) So the resolution was agreed to.
Grothman Palazzo Yoho DeLauro Malinowski Titus
Guest Palmer Young
The result of the vote was announced
DelBene Maloney, Tlaib
Guthrie Pence Zeldin Delgado Carolyn B. Tonko
as above recorded.
Demings Maloney, Sean Torres (CA) A motion to reconsider was laid on
NOT VOTING—16
DeSaulnier Matsui Torres Small the table.
Byrne Lewis Sherman Deutch McAdams (NM)
Clarke (NY) Ratcliffe Sires
Stated against:
Dingell McBath Trahan
Doggett Rooney (FL) Veasey Doyle, Michael McCollum Trone Mr. AUSTIN SCOTT of Georgia. Mr. Speak-
Gomez Rose, John W. Waters F. McEachin Underwood er, I was unavoidably detained. Had I been
Grijalva Roybal-Allard Engel McGovern Vargas present, I would have voted ‘‘nay‘‘ on rollcall
Johnson (TX) Scott, David Escobar McNerney Vela
Eshoo Meeks Velázquez
No. 84.
Espaillat Meng Visclosky PERSONAL EXPLANATION
b 1335 Evans Moore Wasserman Mr. SHERMAN. Mr. Speaker, had I been
Mr. RASKIN changed his vote from Finkenauer Morelle Schultz
Fletcher Moulton Watson Coleman present, I would have voted ‘‘yea’’ on rollcall
‘‘nay’’ to ‘‘yea.’’ Foster Mucarsel-Powell Welch No. 83 and ‘‘yea’’ on rollcall No. 84.
So the previous question was ordered. Frankel Murphy (FL) Wexton
The result of the vote was announced Fudge Nadler Wild f
Gabbard Napolitano Wilson (FL)
as above recorded. Gallego Neal Yarmuth
Stated for: AUTHORIZING THE USE OF EMAN-
Ms. CLARKE of New York. Mr. Speaker, NAYS—192 CIPATION HALL IN THE CAPITOL
had I been present, I would have voted ‘‘yea’’ Abraham Brooks (AL) Cook
VISITOR CENTER FOR A CERE-
on rollcall No. 83. Aderholt Brooks (IN) Crawford MONY TO PRESENT THE CON-
The SPEAKER pro tempore. The Allen Buchanan Crenshaw GRESSIONAL GOLD MEDAL COL-
Amash Buck Curtis LECTIVELY TO THE CHINESE-
question is on the resolution. Amodei Bucshon Davidson (OH)
The question was taken; and the Armstrong Budd Davis, Rodney AMERICAN VETERANS OF WORLD
Speaker pro tempore announced that Arrington Burchett DesJarlais WAR II
Babin Burgess Diaz-Balart
the ayes appeared to have it. Bacon Calvert Duncan Ms. LOFGREN. Mr. Speaker, I ask
Mrs. LESKO. Mr. Speaker, on that I unanimous consent that the Com-
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Baird Carter (GA) Dunn
demand the yeas and nays. Balderson Carter (TX) Emmer mittee on House Administration be dis-
Banks Chabot Estes
The yeas and nays were ordered. Barr Cheney Ferguson
charged from further consideration of
The SPEAKER pro tempore. This is a Bergman Cline Fitzpatrick House Concurrent Resolution 91, and
5-minute vote. Biggs Cloud Fleischmann ask for its immediate consideration in
The vote was taken by electronic de- Bishop (NC) Cole Flores the House.
Bishop (UT) Collins (GA) Fortenberry
vice, and there were—yeas 220, nays Bost Comer Foxx (NC) The Clerk read the title of the con-
192, not voting 17, as follows: Brady Conaway Fulcher current resolution.
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1485
The SPEAKER pro tempore. Is there There was no objection. appropriate pay, regular salary in-
objection to the request of the gentle- The SPEAKER pro tempore. Pursu- creases, or basic civil service protec-
woman from California? ant to House Resolution 877 and rule tions.
There was no objection. XVIII, the Chair declares the House in Further, an employee subject to a
The text of the concurrent resolution the Committee of the Whole House on disciplinary action does not have the
is as follows: the state of the Union for the consider- right to appeal to an independent third
H. CON. RES. 91 ation of the bill, H.R. 1140. party, such as the Merit Systems Pro-
Resolved by the House of Representatives (the The Chair appoints the gentleman tection Board. Today, the TSA Admin-
Senate concurring), from Texas (Mr. CUELLAR) to preside istrator serves as judge, jury, and exe-
SECTION 1. USE OF EMANCIPATION HALL FOR cutioner for disciplinary proceedings.
over the Committee of the Whole.
CEREMONY TO PRESENT CONGRES- According to a former TSA Deputy
SIONAL GOLD MEDAL TO CHINESE- b 1351 Administrator, the lack of due process
AMERICAN VETERANS OF WORLD
WAR II. IN THE COMMITTEE OF THE WHOLE protections within TSA has bred a cul-
(a) AUTHORIZATION.—Emancipation Hall in Accordingly, the House resolved ture of retribution and arbitrary per-
the Capitol Visitor Center is authorized to be itself into the Committee of the Whole sonnel practices, leading to mis-
used on April 29, 2020, for a ceremony to House on the state of the Union for the behavior and a reluctance to report se-
present the Congressional Gold Medal collec- curity vulnerabilities.
tively to the Chinese-American veterans of
consideration of the bill (H.R. 1140) to
enhance the security operations of the When TSA leadership has used its
World War II, in recognition of their dedi-
cated service during World War II. Transportation Security Administra- special personnel authorities, it has
(b) PREPARATIONS.—Physical preparations tion and stability of the transportation been mostly to benefit senior manage-
for the conduct of the ceremony described in security workforce by applying the per- ment, not the frontline workforce.
subsection (a) shall be carried out in accord- sonnel system under title 5, United In one instance, a senior manager re-
ance with such conditions as the Architect of States Code, to employees of the ceived $90,000 in bonuses in a single
the Capitol may prescribe. year, yet the men and women in the
Transportation Security Administra-
The concurrent resolution was agreed tion who provide screening of all pas- screening workforce make starting sal-
to. sengers and property, and for other aries of just $29,000 and are among the
A motion to reconsider was laid on purposes, with Mr. CUELLAR in the lowest paid Federal workers. They are
the table. chair. forced to live paycheck to paycheck
f The Clerk read the title of the bill. even as their job responsibilities have
The CHAIR. Pursuant to the rule, the grown increasingly complex with
AUTHORIZING THE USE OF EMAN-
bill is considered read the first time. changes in threats and technologies.
CIPATION HALL FOR A CERE- Today, few TSOs have advanced be-
MONY AS PART OF THE COM- General debate shall be confined to
the bill and shall not exceed 1 hour yond the bottom levels of TSA’s pay
MEMORATION OF THE DAYS OF bands, even after years of service.
REMEMBRANCE OF VICTIMS OF equally divided and controlled by the
Under the Obama administration, the
THE HOLOCAUST chair and the ranking minority mem-
frontline TSA workforce was, for the
Ms. LOFGREN. Mr. Speaker, I ask ber of the Committee on Homeland Se-
first time, granted the ability to
unanimous consent that the Com- curity.
unionize. Many of us hoped that this
The gentleman from Mississippi (Mr.
mittee on House Administration be dis- change would lead to TSA abandoning
THOMPSON) and the gentleman from
charged from further consideration of unfair practices.
Alabama (Mr. ROGERS) each will con- Disappointingly, TSA limited the
House Concurrent Resolution 87, and
trol 30 minutes. range of issues subject to collective
ask for its immediate consideration in
The Chair recognizes the gentleman bargaining to a narrow set of issues
the House.
The Clerk read the title of the con- from Mississippi. that, over time, have been repeatedly
current resolution. Mr. THOMPSON of Mississippi. Mr.
scaled back.
The SPEAKER pro tempore. Is there Chair, I yield myself such time as I TSA struggles with low morale and
objection to the request of the gentle- may consume. high attrition, consistently ranking
woman from California? Mr. Chair, I rise today in strong sup- near the bottom of the annual ‘‘Best
There was no objection. port of H.R. 1140, the Rights for Trans- Places to Work’’ survey. In fact, this
The text of the concurrent resolution portation Security Officers Act of 2020. year, TSA ranked 415th out of 415 agen-
is as follows: For well over a decade, Chairwoman cy components—dead last—on pay sat-
H. CON. RES. 87 NITA LOWEY and I have championed isfaction.
Resolved by the House of Representatives (the this legislation to provide TSA front- Low morale and high attrition have
Senate concurring), That Emancipation Hall line security workers the basic rights had an adverse impact on the agency,
in the Capitol Visitor Center is authorized to and benefits they deserve. crippling TSA’s ability to develop a
be used on April 21, 2020, for a ceremony as Today, H.R. 1140 has 242 bipartisan mature workforce. According to the
part of the commemoration of the days of re- cosponsors and is strongly supported
membrance of victims of the Holocaust. DHS inspector general, over a 2-year
by the American Federation of Govern- span in 2016 and 2017, one in three
Physical preparations for the ceremony shall
be carried out in accordance with such condi-
ment Employees and the Transport Transportation Security officers quit.
tions as the Architect of the Capitol may Workers Union of America. As Members of Congress, many of us
prescribe. When TSA was stood up after the fly two or three times a week. We prob-
The concurrent resolution was agreed September 11 attacks, Congress gave ably see and interact with Transpor-
to. the agency broad authority to develop tation Security officers more than any
A motion to reconsider was laid on a new, more nimble personnel system other Federal employees. We know
the table. to address national security issues that them.
f
threatened our transportation system. How can we ask these brave men and
Over the years, TSA’s security poli- women to protect us from terrorist at-
RIGHTS FOR TRANSPORTATION cies, technologies, and capabilities tacks, yet not provide them with the
SECURITY OFFICERS ACT OF 2020 have evolved to provide a formidable basic protections most Federal employ-
GENERAL LEAVE defense against potential terrorist at- ees receive?
Mr. THOMPSON of Mississippi. Mr. tacks. This bill will place TSA under title 5
Speaker, I ask unanimous consent that Unfortunately, TSA’s personnel man- like most other Federal agencies,
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all Members have 5 legislative days to agement system has not evolved with granting the workforce better pay and
revise and extend their remarks and to the rest of the agency. The modern, regular salary increases.
include extraneous material on this nimble system Congress envisioned was Employees would have robust collec-
measure. never realized. tive bargaining rights like other Fed-
The SPEAKER pro tempore. Is there Instead, Transportation Security of- eral employees, such as Customs and
objection to the request of the gen- ficers, or TSOs, are subject to an anti- Border Protection officers in the De-
tleman from Mississippi? quated system that does not provide partment of Homeland Security. And
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H1486 CONGRESSIONAL RECORD — HOUSE March 4, 2020
in instances when an employee feels proposes to transition the screener lating and works with us on our Na-
they have been unfairly disciplined, workforce. I don’t think it is fair for tion’s priorities.
they could have their case considered Congress to dictate which union gets to Mr. Chair, I urge all Members to vote
by an independent party like other represent 45,000 screeners, but that is ‘‘no,’’ and I reserve the balance of my
Federal employees. just what this bill does. The bill sets time.
Importantly, TSA’s management into law the exclusive bargaining agent Mr. THOMPSON of Mississippi. Mr.
would still be able to remove screeners for the screeners and requires TSA to Chairman, I yield 2 minutes to the gen-
from duty if their presence jeopardizes immediately negotiate with them. tlewoman from New York (Mrs.
the mission of the agency, and security Under this bill, there is no inter- LOWEY), who has championed this issue
procedures would not be subject to col- vening union election. Screeners never from day one.
lective bargaining. get a chance to exercise their constitu- Mrs. LOWEY. Mr. Chairman, I rise in
While investing in the workforce will tional right to choose their representa- strong support of H.R. 1140, the Rights
have an up-front cost, it will pay off in tion. I think that is wrong. for Transportation Security Officers
the long run. The DHS inspector gen- Beyond the consequences for aviation Act of 2020. Chairman THOMPSON and I
eral found that, in 2017 alone, TSA security and the fundamental ques- have worked on this bill for a very long
spent approximately $16 million to hire tions of fairness, this bill does little to time, and I am glad the House is con-
and train nearly 2,000 people who left improve the pay and working condi- sidering it today.
within months of being hired. That tions for screeners. In fact, TSA H.R. 1140 would give TSA’s screening
level of turnover is not sustainable. screeners will lose benefits under this workforce the same rights afforded to
Enactment of H.R. 1140 will reduce proposal. other Federal workers under title V,
attrition, improve morale, and position If this bill becomes law, screeners like fair pay under the General Sched-
TSA to have a more experienced work- will lose the ability to trade shifts with ule pay scale, sick leave according to
force with the proficiency needed to one another or donate accrued leave to OPM guidelines, and collective bar-
execute TSA’s national security mis- their fellow workers. Certain pay over- gaining rights.
sion. time would be prohibited. Career mile- Our TSOs have earned these rights.
Mr. Chair, I thank my colleagues for stone bonuses would no longer be of- TSOs serve on the front lines of avia-
their support on this bill, and I reserve fered. Many veterans would no longer tion security and protect the traveling
the balance of my time. qualify for hiring preferences. public on a daily basis. It is unreason-
The Congressional Budget Office esti-
b 1400 mates that this bill will cost $1.8 bil-
able to deny these hardworking men
Mr. ROGERS of Alabama. Mr. Chair, and women who keep us safe the basic
lion over 5 years. That is a 20 percent
I yield myself such time as I may con- protections of Federal civil service.
increase over TSA’s current budget.
sume. We must pass this bill today to send
That is a tremendous cost for so little
Mr. Chair, I rise in strong opposition a clear message to TSA from Congress
return.
to H.R. 1140. In May 2019, a blue-ribbon panel led that a system denying TSOs predict-
After the terror attacks of 9/11, Con- by Clinton and Obama administration ability and consistency is unaccept-
gress recognized that, in order for TSA human capital experts strongly argued able. H.R. 1140 would improve the mo-
to successfully carry out its critical against moving screeners under title V rale and stability of our screening
mission, it had to accommodate the as this bill would do. That panel right- workforce and help ensure safety at
agency’s unique operational needs. ly pointed out that, under current law, our Nation’s airports.
That is why, when Congress passed the TSA can pay screeners more than they I urge a ‘‘yes’’ vote.
Aviation and Transportation Security would make under title V. Mr. ROGERS of Alabama. Mr. Chair-
Act, we gave TSA one-of-a-kind au- That is the real irony with this bill. man, I reserve the balance of my time.
thorities to respond to evolving It purports to improve pay and benefits Mr. THOMPSON of Mississippi. Mr.
threats. for screeners, but, under current law, Chairman, I yield 2 minutes to the gen-
TSA has used these authorities over screeners could be paid more and re- tleman from Oregon (Mr. DEFAZIO), the
time to remain flexible and account- ceive better benefits than this bill chair of the House Transportation and
able to the needs of a diverse transpor- would allow. Infrastructure Committee.
tation system where each airport faces I have long advocated for increased Mr. DEFAZIO. Mr. Chairman, I thank
a unique threat landscape. These flexi- pay for the screener workforce, and I the gentleman for yielding.
bilities are key to keeping the public agree with the blue-ribbon panel that As a little bit of history, the gen-
safe. That is why I am very concerned TSA should build a pay system supe- tleman from Alabama wasn’t here
about the impact this bill will have on rior to that of the GS schedule. The when we created the Transportation
the security of our aviation system. problem has always been funding. Security Administration. It was cre-
By moving the screener workforce Past administrations have requested ated in the Aviation Subcommittee of
under title V, this bill would eliminate funding for increased screener pay, and the Transportation and Infrastructure
many of those critical flexibilities. For past Congresses have not provided it. Committee. I was the ranking member;
example, current law allows for the im- Fortunately, the President’s fiscal year John Mica was the chair. The provi-
mediate termination of employees who 2021 budget requests an increase in sions he referenced were not intended
intentionally allow guns, knives, or ex- funding to provide raises and bonuses to oppress the workforce.
plosives through a checkpoint. Under for screeners. Before 9/11, all of the securities were
this bill, that employee could remain If the majority truly wants to fix the provided by the airlines, and they
on the TSA payroll for months, or even problem, they should work with us on a never met a low bidder they didn’t like.
longer. bill to fund these pay raises and imple- We had people who were felons and peo-
Current law allows TSA to set new ment the recommendations of the bi- ple who were in the country illegally
security requirements, such as en- partisan blue-ribbon panel. That is the who were doing the screening.
hanced passenger screening, when in- bill we should have on the floor today. By the way, it was the lowest entry-
telligence indicates credible threats. Instead, they have, yet again, decided level job in the airport, and we had tes-
How new security requirements are im- to move a partisan messaging bill that timony from the Screener of the Year,
plemented could be subject to negotia- rewards their political supporters. This once, who said: Hey, you know, people
tion if the union bill were to become time it comes at the expense of tax- just move through these jobs because
they got to go to McDonald’s. They’ll
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law. payers and security.
Right now, TSA has the flexibility to Like the rest of them, this partisan do better.
move screener checkpoints to alleviate messaging bill will never become law. Now, we aren’t treating these profes-
long lines and ensure security. The leg- The Senate won’t take it up. The Presi- sionals much better than that. They
islation before us restricts that flexi- dent said he would veto it. It is a waste are the lowest paid Federal employees,
bility. of time. providing security to the billion people
In addition to the impact on secu- At some point, I hope the majority who flew last year. They worked
rity, I am concerned with how the bill rejects this partisan approach to legis- through the shutdown with no pay.
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1487
They don’t earn much money, so they We need to have professional TSA senger, period, or traveler. We know
don’t have a lot of savings, but they employees. We need to make sure that that doesn’t happen.
worked through the shutdown. they are the best of the best. Our fam- So a bad apple does not reflect on the
These people deserve not only a pay ily’s safety is worth it. fact that these workers need better
raise, but they also deserve workers’ As chairman of the Transportation rights, grievances, higher pay, profes-
rights and whistleblower protections and Maritime Security Subcommittee, sional development, and to be treated
from abusive management. I am proud to stand with these men in the civil system such that we will
The gentleman expressed concern and women of TSA in strong support of develop a professional workforce that
about $1.8 billion over 10 years. Well, this legislation, and I urge all of my stays, that has a high morale and not a
join me on my FASTER bill; that is, colleagues to vote ‘‘aye.’’ low morale.
this administration is diverting $2 bil- Mr. ROGERS of Alabama. Mr. Chair-
lion a year in passenger security fees. b 1415
man, I yield myself such time as I may
Passengers pay the fee. It is supposed consume. Are we doing this to the FBI, the De-
to provide security. No, it is going into Mr. Chair, I appreciate my friend and fense Department, and ATF?
the maw of the Federal Government Are we telling them that at any mo-
colleague from California’s observa-
and being spent somewhere else. Re- ment they can be fired without due
tion, but, again, I emphasize about the
claim that money. process?
union representation.
Don’t worry about the stupid scoring This doesn’t make sense. These peo-
The gentleman just made the state-
stuff. Oh, it is making the deficit look ple have put their life on the line. They
ment and reiterated what the chairman
smaller. Whatever. We are charging have stopped so much that you do not
had said in his opening statement, and
passengers for security. Give them the even know protecting the traveling
that is there has been enormous turn-
security. Give these workers a pay public.
over in the TSA over the last decade Mr. Chairman, if you take a moment
raise, and give them decent workers’ because of the poor pay, benefits, and
rights and protections. to talk with them, you will find out
working circumstances. the massive number of weapons and
Mr. ROGERS of Alabama. Mr. Chair- The fact is that very few people who
man, I yield myself such time as I may other types of items that they have to
work at TSA today voted for AFGE to be astute enough and keen enough to
consume. be the union. It won by plurality—not
Mr. Chair, I would point out to my know what to do with.
a majority—10 years ago, and very few I support the TSA. I support TSOs be-
colleague from Oregon that the $1.8 bil-
people who were there then are here cause I see them every day as the front
lion was over 5 years, not 10 years. The
now. line for this Nation in providing a safe
screening fee that the gentleman was
So, if, in fact, this bill were ever to and secure aviation system.
referring to was diverted under the
become law—which it is not—at a min- Yes, their job is difficult and deadly.
Obama administration to general def-
imum, we should allow the workers to We lost a gentleman in Los Angeles,
icit relief.
But the fact is I agree fully with decide who they want their representa- and we all surrounded his family, he
Chairman THOMPSON that we should be tion to be. AFGE may win it, but it is died in the line of duty.
paying our screeners more. It is our wrong for Congress to dictate to 45,000 I believe this is an important legisla-
fault. Congress has not funded the abil- employees who they should have for tive initiative. Let us take this and fi-
ity of TSA to raise their pay. representation. nally give to these workers the decency
The irony of this bill is it would Mr. Chair, I reserve the balance of that they deserve. Let us not make ex-
make it harder to pay them more; it my time. cuses. Let us make it right, and let us
would pay them less. If we would fund Mr. THOMPSON of Mississippi. Mr. stand with them as American workers
the TSA for what they are requesting, Chairman, just for the record, nothing and defenders of the security and free-
current law would allow them to have in H.R. 1140 restricts the workforce’s dom of this Nation. Support H.R. 1140.
better incomes and better benefits than ability to elect union representation. I Mr. ROGERS of Alabama. Mr. Chair-
this bill would allow. That is the real want to be very clear on that. man, I yield myself such time as I may
irony here. Mr. Chairman, I yield 2 minutes to consume.
Mr. Chair, I reserve the balance of the gentlewoman from Texas (Ms. Mr. Chairman, in response to my
my time. JACKSON LEE). friend and colleague from Mississippi,
Mr. THOMPSON of Mississippi. Mr. Ms. JACKSON LEE. Mr. Chairman, I who, in his last statements, empha-
Chairman, I yield 2 minutes to the gen- thank the gentleman from Mississippi sized that the employees at TSA would
tleman from California (Mr. CORREA), for yielding. have the right to elect their union rep-
chair of the House Homeland Security I want to thank the gentleman from resentation, I would refer him to page
Committee’s Subcommittee on Trans- Mississippi for his wisdom in putting 9, line 24 of his bill, ‘‘Exclusive Rep-
portation and Maritime Security. forward a bill that is long overdue, and resentative—The labor organization
Mr. CORREA. Mr. Chairman, I rise in that is H.R. 1140, which is the Rights certified by the Federal Labor Rela-
support of H.R. 1140, the Rights for for Transportation Security Officers tions Authority on June 29, 2011, or
Transportation Security Officers Act. Act of 2020. successor labor organization shall be
Mr. Chair, I want to thank, again, Let me congratulate the storied or- treated as the exclusive representative
Chairman THOMPSON for his leadership ganization AFGE. They have a stellar of full- and part-time nonsupervisory
on this issue and bringing this bipar- reputation for fairly representing gov- TSA personnel carrying out screening
tisan piece of legislation to the floor ernment workers in a way that pro- functions under section 44901‘‘ et
that I am cosponsoring. vides them a better quality of life. I am cetera, et cetera, et cetera.
Today, finally, we acknowledge that not sure why they have become the This bill does pick winners and losers
the TSA workers deserve a pay struc- issue on this floor, and our chairman and, in this case, AFGE is the winner.
ture and personnel management sys- has just indicated that there is no such I am just saying, I don’t think that is
tem that recognizes their value. These language that limits any actions by right.
employees have had a higher turnover our TSO officers. Mr. Chairman, I reserve the balance
than the average Federal employee, Let me be very clear: Starting with of my time.
and, in fact, many went unpaid during the TSO and Homeland Security from Mr. THOMPSON of Mississippi. Mr.
the government shutdown. the very beginning, this organizing was Chairman, I yield myself such time as
These hardworking men and women done for purposes of emergency. So I may consume to say that I appreciate
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are effectively the thin blue line that now you have denied, for over 20 years, my colleague next door to me citing
stands between us and our families the rights of these individuals to live a the section about Federal Labor Rela-
while they are traveling by air and decent life. tions Authority because that is my ref-
those who would do us harm by smug- I take issue with this one example of erence.
gling items onto planes through check- an individual who, obviously, was not It says, ‘‘or successor labor organiza-
points. That is what a TSA officer managed, because we all know that a tion.’’ And it says in the ‘‘Sunset Pro-
does: protect us and our families. man does not examine a female pas- vision—The provisions of this section
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H1488 CONGRESSIONAL RECORD — HOUSE March 4, 2020
shall cease to be effective as of the con- Mrs. WATSON COLEMAN. Mr. Chair- timely piece of legislation, this long-
version date.’’ man, I want to thank the gentleman time coming piece of legislation.
So there are options available. It is for yielding to me, and I want to thank As has been stated, we fly home
not a closed-door process, and we him for this leadership on this very im- every week, and us being in Homeland
wouldn’t have it that way anyway. portant issue. Security, we interact with the TSOs on
Mr. Chairman, I yield 2 minutes to I join him in calling for support and a regular basis. I don’t know what is
the gentlewoman from Nevada (Ms. passage of the Transportation Security going on in the gentleman from Ala-
TITUS). Officers Act. We rely on Transpor- bama’s airports, but these officers are
Ms. TITUS. Mr. Chairman, I would tation Security officers to keep us safe. really first responders who stand in the
like to thank our chairman for bring- They work hard, including going with- gap of whether we fly or travel safely
ing this bill and his leadership on this out pay for more than 5 weeks during every single day.
issue. the last government shutdown. Yet They check thousands of bags for
I have the honor of representing Ne- these TSOs have none of the rights or weapons that could be used to harm
vada’s First Congressional District in the protections we have set for the rest people flying or the pilots or the staff
the heart of Las Vegas. Every week, as of the Federal workforce, and that is on airplanes, and we can’t give them a
I travel to and from Las Vegas through what this bill would finally correct. dignified wage, a living wage?
McCarran International Airport—just H.R. 1140 offers TSOs the ability to I talk to them. Some of them have
like more than 50 million travelers do organize themselves and fight for bet- two jobs.
each year—I see our TSA employees ter pay through collective bargaining Why should someone with such an
very hard at work screening pas- and puts them on the Federal general important duty to keep our airways
sengers, baggage, and cargo. They play schedule pay scale, ensuring they see safe from terrorists and harm have to
a critical role in allowing Las Vegas to the same regular step increases as the leave there and go work at Burger
be a truly international city with an rest of the Federal workers who keep King?
economy that thrives on tourism and It is not right. I commend the gen-
our government running.
visitors who come to work, hike, and tleman from Mississippi once again for
It would ensure TSOs can appeal per-
play. this.
sonnel decisions to a neutral third
These people need to be given the
More broadly, Transportation Secu- party—something their managers and
dignity that they deserve. They stand
rity officers have the immense respon- others within TSA can already do. It
in the gap every single day, and not to
sibility of making sure passengers from would give these workers the paid fam-
pay them a commensurate salary with
all over the world, on hundreds of ily leave and medical leave that all
their job is criminal.
flights a day, make it safely to their other Federal workers now have, ensur- Mr. ROGERS of Alabama. Mr. Chair-
destinations, wherever they may be. ing they can care for an ailing parent, man, I yield myself such time as I may
Yet, Federal law prohibits them from be home with a new baby, or deal with consume.
collectively bargaining for better pay, a new diagnosis. Mr. Chairman, my colleague from
better benefits, and better working H.R. 1140 finally gives TSOs equal New Jersey is a great member of the
conditions. This shortcoming has led to footing, recognizing that they are Homeland Security Committee, and his
a high level of turnover at TSA which equally valued members of the Federal heart is obviously in the right place.
threatens our security. workforce—people we rely upon daily Everything he said I agree with about
It is time for that to change. That is to keep our skies safe. our TSA workforce. I travel through
why I strongly support this long over- I am grateful to our chairman, Mr. airports every week just like all the
due piece of legislation that will im- THOMPSON, for his work to bring this Members of this House.
prove TSA agents’ pay and boost their bill through committee and for his The fact is, it pains me to know we
collective bargaining power, not to tireless efforts of workplace rights and are not treating them better. These are
mention their morale. protections for TSOs. the people who came to work in the
So let’s come together today to give Mr. Chairman, I urge the passage of last government shutdown without pay
them the rights that other Federal em- this bill. throughout that shutdown to make
ployees have and that they so rightly Mr. ROGERS of Alabama. Mr. Chair- sure that we remained safe as we flew
deserve. Let’s respect them and give man, I yield myself such time as I may back and forth.
them this privilege so they can do what consume. We ought to be treating them better,
they do and keep us all safe. It is the Mr. Chairman, the fact is, if we do and this bill doesn’t do it. If we want to
least we can do to recognize that sac- treat the TSA officers the same as treat these people the way they should
rifice. other employees by putting them in be treated, we should use current law
Mr. Chairman, I strongly support title 5, they will actually lose benefits. and properly fund it and give them pay
this bill, and I urge my colleagues to I talked about that in my opening and benefits better than anything this
vote in favor of it. statement. bill would ever accommodate.
Mr. ROGERS of Alabama. Mr. Chair- Right now, they already get the same Mr. Chairman, I reserve the balance
man, I yield myself such time as I may benefits like paid family leave, but of my time.
consume. they are going to lose the ability to Mr. THOMPSON of Mississippi. Mr.
I would say to my friend from Nevada have bonuses, get certain overtime Chairman, I have no more speakers,
that the irony with this bill is they are pay, and trade shifts. Those are things and I am prepared to close after the
moving TSA under a 70-year-old per- that are valuable. gentleman from Alabama closes.
sonnel management system widely But the biggest problem I have is Mr. ROGERS of Alabama. Mr. Chair-
panned by good government organiza- that we, as a Congress, have not funded man, I yield myself the balance of my
tions as unable to meet the needs of the pay system they have now which time.
the 21st century workforce. would allow greater pay than title 5. I I want to make Mr. THOMPSON aware
So which system really is outdated? just think we need to stop shirking our that I have no further speakers and I
Mr. Chairman, I reserve the balance duty and recognize it is our responsi- am prepared to close.
of my time. bility to pay these employees fairly. Mr. Chairman, I want to close by
Mr. THOMPSON of Mississippi. Mr. We have not been doing that, and this thanking the men and women of TSA.
Chairman, I think, for the record, we bill will accommodate that. The debate we are having today does
want our TSOs to be treated just like Mr. Chairman, I reserve the balance not impact the sincere appreciation we
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all other Federal employees. If it is of my time. have for the tremendous job they do
good enough for everybody else except Mr. THOMPSON of Mississippi. Mr. each and every day. While we may dis-
TSA, then it should be good for TSA Chairman, I yield 2 minutes to the gen- agree on the best way forward, I think
too. tleman from New Jersey (Mr. PAYNE). we all share the same goal of improv-
Mr. Chair, I yield 2 minutes to the Mr. PAYNE. Mr. Chairman, first, let ing screener pay and morale. We under-
gentlewoman from New Jersey (Mrs. me commend the chairman of the stand how important it is to the work-
WATSON COLEMAN). Homeland Security Committee for this force and to our security.
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1489
Unfortunately, this bill would do lit- To the Congress of the United States: CORONAVIRUS PREPAREDNESS
tle more than undermine the goal that Section 202(d) of the National Emer- AND RESPONSE SUPPLEMENTAL
we seek to achieve. gencies Act (50 U.S.C. 1622(d)) provides APPROPRIATIONS ACT, 2020
Mr. Chairman, I urge my colleagues Mrs. LOWEY. Madam Speaker, I
for the automatic termination of a na-
to oppose the bill, and I yield back the move to suspend the rules and pass the
tional emergency unless, within 90
balance of my time. bill (H.R. 6074) making emergency sup-
Mr. THOMPSON of Mississippi. Mr. days before the anniversary date of its
declaration, the President publishes in plemental appropriations for the fiscal
Chairman, I yield myself the balance of year ending September 30, 2020, and for
my time. the Federal Register and transmits to
the Congress a notice stating that the other purposes.
Mr. Chairman, I appreciate the argu- The Clerk read the title of the bill.
ments my colleagues have made in emergency is to continue in effect be-
yond the anniversary date. In accord- The text of the bill is as follows:
favor of this bill as well as the amend- H.R. 6074
ments offered to improve it. This is ul- ance with this provision, I have sent to
the Federal Register for publication the Be it enacted by the Senate and House of Rep-
timately a simple bill with a simple resentatives of the United States of America in
but critical goal. enclosed notice stating that the na-
Congress assembled,
Following the September 11 attack, tional emergency declared in Executive SECTION 1. SHORT TITLE.
Congress determined that the need to Order 13288 of March 6, 2003, with re- This Act may be cited as the ‘‘Coronavirus
ensure the security of our Nation’s spect to the actions and policies of cer- Preparedness and Response Supplemental
transportation systems required the tain members of the Government of Appropriations Act, 2020’’.
creation of a new Federal agency, the Zimbabwe and other persons to under- SEC. 2. REFERENCES.
TSA. mine Zimbabwe’s democratic processes Except as expressly provided otherwise,
Yet, in standing up this critical na- or institutions is to continue in effect any reference to ‘‘this Act’’ contained in any
beyond March 6, 2020. division of this Act shall be treated as refer-
tional security agency, Congress mis-
ring only to the provisions of that division.
takenly gave TSA broad personnel au- In the wake of the resignation of DIVISION A—CORONAVIRUS PREPARED-
thority that has resulted in the work- former President Robert Mugabe in No- NESS AND RESPONSE SUPPLEMENTAL
force lagging far behind other Federal vember 2017, Zimbabwe’s national elec- APPROPRIATIONS ACT, 2020
workers with respect to pay, benefits, tions in July 2018, and President The following sums are hereby are appro-
and rights. By passing this bill, we will Mugabe’s subsequent death in Sep- priated, out of any money in the Treasury
finish the job we started and make tember 2019, Zimbabwe has had ample not otherwise appropriated, for the fiscal
TSA a Federal agency that follows the opportunity to implement reforms that year ending September 30, 2020, and for other
laws Congress had constructed over purposes, namely:
could set the country on a constructive
many decades to govern treatment of TITLE I
path, stabilize the southern African re-
Federal employees. DEPARTMENT OF HEALTH AND HUMAN
gion, and open the door to greater co- SERVICES
This is the right thing to do for the
operation with the United States. Un- FOOD AND DRUG ADMINISTRATION
frontline workers, the right thing to do
fortunately, President Emmerson
for the traveling public, and the right SALARIES AND EXPENSES
Mnangagwa’s administration has yet
thing to do for our national security. For an additional amount for ‘‘Salaries
Mr. Chair, I thank my colleagues for to signal credible political will to im- and Expenses’’, $61,000,000, to remain avail-
their support, I urge passage of H.R. plement such reforms. Indeed, the able until expended, to prevent, prepare for,
1140, and I yield back the balance of my Zimbabwean government has arguably and respond to coronavirus, domestically or
time. accelerated its persecution of critics internationally, including the development
and economic mismanagement in the of necessary medical countermeasures and
The CHAIR. All time for general de- vaccines, advanced manufacturing for med-
bate has expired. past year, during which security forces
have conducted extrajudicial killings, ical products, the monitoring of medical
Mr. THOMPSON of Mississippi. Mr. product supply chains, and related adminis-
Chair, I move that the Committee do rapes, and alleged abductions of numer- trative activities: Provided, That such
now rise. ous dissidents. amount is designated by the Congress as
The motion was agreed to. These actions and policies by certain being for an emergency requirement pursu-
Accordingly, the Committee rose; members of the Government of ant to section 251(b)(2)(A)(i) of the Balanced
and the Speaker pro tempore (Mr. Budget and Emergency Deficit Control Act
Zimbabwe and other persons to under- of 1985.
PAYNE) having assumed the chair, Mr. mine Zimbabwe’s democratic processes
CUELLAR, Chair of the Committee of TITLE II
or institutions continue to pose an un-
the Whole House on the state of the SMALL BUSINESS ADMINISTRATION
usual and extraordinary threat to the
Union, reported that that Committee, DISASTER LOANS PROGRAM ACCOUNT
foreign policy of the United States.
having had under consideration the bill (INCLUDING TRANSFERS OF FUNDS)
Therefore, I have determined that it is
(H.R. 1140) to enhance the security op- For an additional amount for the ‘‘Disaster
necessary to continue the national Loans Program Account’’ for administrative
erations of the Transportation Secu- emergency declared in Executive Order expenses to carry out the disaster loan pro-
rity Administration and stability of 13288 with respect to Zimbabwe. gram authorized by section 7(b) of the Small
the transportation security workforce DONALD J. TRUMP. Business Act, $20,000,000, to remain available
by applying the personnel system THE WHITE HOUSE, March 4, 2020. until expended: Provided, That such amounts
under title 5, United States Code, to may be transferred to and merged with
employees of the Transportation Secu- f ‘‘Small Business Administration—Salaries
rity Administration who provide and Expenses’’: Provided further, That for
screening of all passengers and prop- purposes of section 7(b)(2)(D) of the Small
b 1430 Business Act, coronavirus shall be deemed to
erty, and for other purposes, had come
be a disaster and amounts available under
to no resolution thereon.
ANNOUNCEMENT BY THE SPEAKER ‘‘Disaster Loans Program Account’’ for the
f cost of direct loans in any fiscal year may be
PRO TEMPORE
CONTINUATION OF THE NATIONAL used to make economic injury disaster loans
The SPEAKER pro tempore (Ms. under such section in response to the
EMERGENCY WITH RESPECT TO
coronavirus: Provided further, That none of
ZIMBABWE—MESSAGE FROM THE SCHRIER). Pursuant to clause 8 of rule
the funds provided under this heading in this
PRESIDENT OF THE UNITED XX, the Chair will postpone further Act may be used for indirect administrative
STATES (H. DOC. NO. 116–104) proceedings today on the motion to expenses: Provided further, That such amount
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The SPEAKER pro tempore laid be- suspend the rules if a recorded vote or is designated by the Congress as being for an
fore the House the following message the yeas and nays are ordered, or if the emergency requirement pursuant to section
vote is objected to under clause 6 of 251(b)(2)(A)(i) of the Balanced Budget and
from the President of the United
rule XX. Emergency Deficit Control Act of 1985: Pro-
States; which was read and, together vided further, That amounts repurposed
with the accompanying papers, referred The House will resume proceedings under this heading that were previously des-
to the Committee on Foreign Affairs on the postponed question at a later ignated by the Congress as an emergency re-
and ordered to be printed: time. quirement pursuant to the Balanced Budget
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H1490 CONGRESSIONAL RECORD — HOUSE March 4, 2020
and Emergency Deficit Control Act of 1985 Budget and Emergency Deficit Control Act level: Provided further, That funds appro-
are designated by the Congress as an emer- of 1985. priated under this heading in this Act may
gency requirement pursuant to section NATIONAL INSTITUTES OF HEALTH be used for the construction, alteration, or
251(b)(2)(A)(i) of the Balanced Budget and NATIONAL INSTITUTE OF ALLERGY AND renovation of non-Federally owned facilities
Emergency Deficit Control Act of 1985. INFECTIOUS DISEASES for the production of vaccines, therapeutics,
TITLE III and diagnostics where the Secretary deter-
(INCLUDING TRANSFER OF FUNDS)
DEPARTMENT OF HEALTH AND HUMAN mines that such a contract is necessary to
For an additional amount for ‘‘National In- secure sufficient amounts of such supplies:
SERVICES stitute of Allergy and Infectious Diseases’’, Provided further, That of the amount pro-
CENTERS FOR DISEASE CONTROL AND $836,000,000, to remain available until Sep- vided under this heading in this Act,
PREVENTION tember 30, 2024, to prevent, prepare for, and $100,000,000 shall be transferred to ‘‘Health
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT respond to coronavirus, domestically or Resources and Services Administration—Pri-
(INCLUDING TRANSFER OF FUNDS)
internationally: Provided, That of the mary Health Care’’ for grants under the
amount appropriated under this heading in Health Centers Program, as defined by sec-
For an additional amount for ‘‘CDC–Wide this Act, not less than $10,000,000 shall be
Activities and Program Support’’, tion 330 of the Public Health Service Act, to
transferred to ‘‘National Institute of Envi- prevent, prepare for, and respond to
$2,200,000,000, to remain available until Sep- ronmental Health Sciences’’ for worker-
tember 30, 2022, to prevent, prepare for, and coronavirus: Provided further, That such
based training to prevent and reduce expo- amount is designated by the Congress as
respond to coronavirus, domestically or sure of hospital employees, emergency first
internationally: Provided, That not less than being for an emergency requirement pursu-
responders, and other workers who are at ant to section 251(b)(2)(A)(i) of the Balanced
$950,000,000 of the amount provided shall be risk of exposure to coronavirus through their
for grants to or cooperative agreements with Budget and Emergency Deficit Control Act
work duties: Provided further, That such of 1985.
States, localities, territories, tribes, tribal amount is designated by the Congress as
organizations, urban Indian health organiza- For an additional amount for ‘‘Public
being for an emergency requirement pursu-
tions, or health service providers to tribes, Health and Social Services Emergency
ant to section 251(b)(2)(A)(i) of the Balanced
to carry out surveillance, epidemiology, lab- Fund’’, $300,000,000, to remain available until
Budget and Emergency Deficit Control Act
oratory capacity, infection control, mitiga- September 30, 2024, for products purchased as
of 1985.
tion, communications, and other prepared- described in the first paragraph under this
OFFICE OF THE SECRETARY heading, including the purchase of vaccines,
ness and response activities: Provided further,
That $475,000,000 of the funds made available PUBLIC HEALTH AND SOCIAL SERVICES therapeutics, and diagnostics, and under the
in the preceding proviso shall be allocated EMERGENCY FUND same terms and conditions as the amounts
within 30 days of the date of enactment of (INCLUDING TRANSFER OF FUNDS) made available in the first paragraph under
this Act: Provided further, That every grantee For an additional amount for ‘‘Public this heading in this Act: Provided, That the
that received a Public Health Emergency Health and Social Services Emergency amount made available in this paragraph
Preparedness grant for fiscal year 2019 shall Fund’’, $3,100,000,000, to remain available shall only be made available if the Secretary
receive not less than 90 percent of that grant until September 30, 2024, to prevent, prepare of Health and Human Services certifies to
level from funds provided in the first proviso for, and respond to coronavirus, domestically the Committees on Appropriations of the
under this heading in this Act, and not less or internationally, including the develop- House of Representatives and the Senate
than $40,000,000 of such funds shall be allo- ment of necessary countermeasures and vac- that the funds made available in the first
cated to tribes, tribal organizations, urban cines, prioritizing platform-based tech- paragraph under this heading in this Act al-
Indian health organizations, or health serv- nologies with U.S.-based manufacturing ca- lotted for such purchase of such products
ice providers to tribes: Provided further, That pabilities, and the purchase of vaccines, will be obligated imminently and that addi-
the Director of the Centers for Disease Con- therapeutics, diagnostics, necessary medical tional funds are necessary to purchase vac-
trol and Prevention (‘‘CDC’’) may satisfy the supplies, medical surge capacity, and related cines, therapeutics, or diagnostics in quan-
funding thresholds outlined in the preceding administrative activities: Provided, That tities determined by the Secretary to be ade-
two provisos by making awards through such funds may be used to develop and dem- quate help to address the public health need:
other grant or cooperative agreement mech- onstrate innovations and enhancements to Provided further, That the Secretary shall no-
anisms: Provided further, That each grantee manufacturing platforms to support such ca- tify the Committees on Appropriations of
described in the third proviso under this pabilities: Provided further, That the Sec- the House of Representatives and the Senate
heading in this Act shall submit a spend plan retary of Health and Human Services shall of such certification: Provided further, That
to the CDC not later than 45 days after the purchase vaccines developed using funds such amount is designated by the Congress
date of enactment of this Act: Provided fur- made available under this heading in this as being for an emergency requirement pur-
ther, That of the amount provided under this Act to respond to an outbreak or pandemic suant to section 251(b)(2)(A)(i) of the Bal-
heading in this Act, not less than $300,000,000 related to coronavirus in quantities deter- anced Budget and Emergency Deficit Control
shall be for global disease detection and mined by the Secretary to be adequate to ad- Act of 1985.
emergency response: Provided further, That of dress the public health need: Provided further, GENERAL PROVISIONS—THIS TITLE
the amount provided under this heading in That products purchased by the Federal gov-
(INCLUDING TRANSFER OF FUNDS)
this Act, $300,000,000 shall be transferred to ernment with funds made available under
and merged with amounts in the Infectious this heading, including vaccines, thera- SEC. 301. (a) Funds appropriated in this
Diseases Rapid Response Reserve Fund (‘‘Re- peutics, and diagnostics, shall be purchased title may be made available to restore
serve Fund’’), established by section 231 of in accordance with Federal Acquisition Reg- amounts, either directly or through reim-
division B of Public Law 115–245: Provided ulation guidance on fair and reasonable pric- bursement, for obligations incurred by agen-
further, That the Secretary of Health and ing: Provided further, That the Secretary may cies of the Department of Health and Human
Human Services, in consultation with the take such measures authorized under current Services to prevent, prepare for, and respond
Director of the CDC, shall provide a report to law to ensure that vaccines, therapeutics, to coronavirus, domestically or internation-
the Committees on Appropriations of the and diagnostics developed from funds pro- ally, prior to the date of enactment of this
House of Representatives and the Senate vided in this Act will be affordable in the Act. This subsection shall not apply to obli-
every 14 days, for one year from the date commercial market: Provided further, That in gations incurred by the Infectious Diseases
from any such declaration or determination carrying out the previous proviso, the Sec- Rapid Response Reserve Fund.
described in the third proviso of section 231 retary shall not take actions that delay the (b) Grants or cooperative agreements with
of division B of Public Law 115–245, that de- development of such products: Provided fur- States, localities, territories, tribes, tribal
tails commitment and obligation informa- ther, That products purchased with funds ap- organizations, urban Indian health organiza-
tion for the Reserve Fund during the prior propriated in this paragraph may, at the dis- tions, or health service providers to tribes,
two weeks, as long as such report would de- cretion of the Secretary of Health and under this title, to carry out surveillance,
tail obligations in excess of $5,000,000, and Human Services, be deposited in the Stra- epidemiology, laboratory capacity, infection
upon the request by such Committees: Pro- tegic National Stockpile under section 319F– control, mitigation, communications, and
vided further, That funds appropriated under 2 of the Public Health Service Act: Provided other preparedness and response activities to
this heading in this Act may be used for further, That funds appropriated under this prevent, prepare for, and respond to
grants for the construction, alteration, or heading in this Act may be transferred to, coronavirus shall include amounts to reim-
renovation of non-Federally owned facilities and merged with, the fund authorized by sec- burse costs for these purposes incurred be-
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to improve preparedness and response capa- tion 319F–4, the Covered Countermeasure tween January 20, 2020, and the date of en-
bility at the State and local level: Provided Process Fund, of the Public Health Service actment of this Act.
further, That funds may be used for purchase Act: Provided further, That funds appro- (c) If any funds have been reprogrammed or
and insurance of official motor vehicles in priated under this heading in this Act may transferred from an appropriation, as de-
foreign countries: Provided further, That such be used for grants for the construction, al- scribed in the notification submitted by the
amount is designated by the Congress as teration, or renovation of non-Federally Secretary of Health and Human Services to
being for an emergency requirement pursu- owned facilities to improve preparedness and the Committees on Appropriations of the
ant to section 251(b)(2)(A)(i) of the Balanced response capability at the State and local House of Representatives and the Senate on
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1491
February 2, 2020, prior to the date of enact- Representatives and the Senate prior to obli- designated by the Congress as being for an
ment of this Act, such amounts shall be re- gating such funds: Provided further, That the emergency requirement pursuant to section
programmed or transferred back to that ap- transfer authority provided by this section is 251(b)(2)(A)(i) of the Balanced Budget and
propriation within 45 days of the date of en- in addition to any other transfer authority Emergency Deficit Control Act of 1985.
actment of this Act. provided by law. GENERAL PROVISIONS—THIS TITLE
SEC. 302. Funds appropriated by this title TITLE IV (INCLUDING TRANSFER OF FUNDS)
may be used by the Secretary of the Health
and Human Services to appoint, without re- DEPARTMENT OF STATE SEC. 401. Funds appropriated by this title
gard to the provisions of sections 3309 ADMINISTRATION OF FOREIGN AFFAIRS shall only be made available for obligation
through 3319 of title 5 of the United States subject to the regular notification proce-
DIPLOMATIC PROGRAMS
Code, candidates needed for positions to per- dures of the Committees on Appropriations
For an additional amount for ‘‘Diplomatic of the House of Representatives and the Sen-
form critical work relating to coronavirus
Programs’’, $264,000,000, to remain available ate: Provided, That the requirement of this
for which—
until September 30, 2022, for necessary ex- section shall not apply to funds appropriated
(1) public notice has been given; and
penses to prevent, prepare for, and respond by this title under the heading ‘‘Inter-
(2) the Secretary has determined that such
to coronavirus, including for maintaining national Disaster Assistance’’.
a public health threat exists.
consular operations, reimbursement of evac- SEC. 402. (a) Funds appropriated by this
SEC. 303. Funds made available by this title
uation expenses, and emergency prepared- title under the heading ‘‘Diplomatic Pro-
may be used to enter into contracts with in-
ness: Provided, That such amount is des- grams’’ may be transferred to, and merged
dividuals for the provision of personal serv-
ignated by the Congress as being for an with, funds available under the ‘‘Consular
ices (as described in section 104 of part 37 of
emergency requirement pursuant to section and Border Security Programs’’ account to
title 48, Code of Federal Regulations (48 CFR
251(b)(2)(A)(i) of the Balanced Budget and maintain consular operations impacted by
37.104)) to support the prevention of, prepara-
Emergency Deficit Control Act of 1985. coronavirus.
tion for, or response to coronavirus, domesti-
(b) Of the funds appropriated by this title
cally and internationally, subject to prior UNITED STATES AGENCY FOR
under the heading ‘‘Economic Support
notification to the Committees on Appro- INTERNATIONAL DEVELOPMENT
Fund’’, up to $7,000,000 may be transferred to,
priations of the House of Representatives FUNDS APPROPRIATED TO THE PRESIDENT and merged with, funds appropriated under
and the Senate: Provided, That such individ-
OFFICE OF INSPECTOR GENERAL the heading ‘‘Operating Expenses’’ in Acts
uals may not be deemed employees of the making appropriations for the Department
United States for the purpose of any law ad- For an additional amount for ‘‘Office of In-
spector General’’, $1,000,000, to remain avail- of State, foreign operations, and related pro-
ministered by the Office of Personnel Man- grams to prevent, prepare for, and respond to
agement: Provided further, That the author- able until September 30, 2022, for oversight of
activities funded by this title and adminis- coronavirus.
ity made available pursuant to this section (c) Funds appropriated by this title under
shall expire on September 30, 2024. tered by the United States Agency for Inter-
national Development: Provided, That such the headings ‘‘Global Health Programs’’,
SEC. 304. Funds appropriated by this title ‘‘International Disaster Assistance’’, and
may be transferred to, and merged with, amount is designated by the Congress as
‘‘Economic Support Fund’’ may be trans-
other appropriation accounts under the being for an emergency requirement pursu-
ferred to, and merged with, funds appro-
headings ‘‘Centers for Disease Control and ant to section 251(b)(2)(A)(i) of the Balanced
priated by this title under such headings to
Prevention’’, ‘‘Public Health and Social Budget and Emergency Deficit Control Act
prevent, prepare for, and respond to
Services Emergency Fund’’, and ‘‘National of 1985.
coronavirus.
Institutes of Health’’ to prevent, prepare for, BILATERAL ECONOMIC ASSISTANCE (d) The transfer authorities of this section
and respond to coronavirus, domestically or FUNDS APPROPRIATED TO THE PRESIDENT are in addition to any other transfer author-
internationally, following consultation with ity provided by law.
GLOBAL HEALTH PROGRAMS
the Office of Management and Budget: Pro- (e) Upon a determination that all or part of
vided, That the Committees on Appropria- For an additional amount for ‘‘Global the funds transferred pursuant to the au-
tions of the House of Representatives and Health Programs’’, $435,000,000, to remain thorities provided by this section are not
the Senate shall be notified 10 days in ad- available until September 30, 2022, for nec- necessary for such purposes, such amounts
vance of any such transfer: Provided further, essary expenses to prevent, prepare for, and may be transferred back to such appropria-
That upon a determination that all or part respond to coronavirus: Provided, That such tions.
of the funds transferred from an appropria- funds shall be administered by the Adminis- (f) No funds shall be transferred pursuant
tion by this title are not necessary, such trator of the United States Agency for Inter- to this section unless at least 5 days prior to
amounts may be transferred back to that ap- national Development: Provided further, That making such transfer the Secretary of State
propriation: Provided further, That none of of the funds appropriated under this heading or the Administrator of the United States
the funds made available by this title may be in this Act, not less than $200,000,000 shall be Agency for International Development, as
transferred pursuant to the authority in sec- transferred to, and merged with, funds made appropriate, notifies the Committees on Ap-
tion 205 of division A of Public Law 116–94 or available for the Emergency Reserve Fund propriations of the House of Representatives
section 241(a) of the Public Health Service established pursuant to section 7058(c)(1) of and the Senate in writing of the details of
Act. the Department of State, Foreign Oper- any such transfer.
SEC. 305. Not later than 30 days after the ations, and Related Programs Appropria- SEC. 403. Paragraph (6)(B) under the head-
date of enactment of this Act, the Secretary tions Act, 2017 (division J of Public Law 115– ing ‘‘Administration of Foreign Affairs, Dip-
of Health and Human Services shall provide 31): Provided further, That funds made avail- lomatic Programs’’ of the Department of
a detailed spend plan of anticipated uses of able pursuant to the previous proviso shall State, Foreign Operations, and Related Pro-
funds made available to the Department of be made available under the terms and con- grams Appropriations Act, 2020 (division G of
Health and Human Services in this Act, in- ditions of such section, as amended: Provided Public Law 116–94) is amended by striking ‘‘,
cluding estimated personnel and administra- further, That such amount is designated by not to exceed $10,000,000’’ and inserting in
tive costs, to the Committees on Appropria- the Congress as being for an emergency re- lieu thereof ‘‘for Worldwide Security Protec-
tions of the House of Representatives and quirement pursuant to section 251(b)(2)(A)(i) tion, not to exceed $100,000,000’’ and by add-
the Senate: Provided, That such plan shall be of the Balanced Budget and Emergency Def- ing the following before the period at the
updated and submitted to such Committees icit Control Act of 1985. end: ‘‘: Provided, That no amounts may be
every 60 days until September 30, 2024: Pro- INTERNATIONAL DISASTER ASSISTANCE transferred from amounts that were des-
vided further, That the spend plans shall be For an additional amount for ‘‘Inter- ignated by the Congress for Overseas Contin-
accompanied by a listing of each contract national Disaster Assistance’’, $300,000,000, to gency Operations/Global War on Terrorism
obligation incurred that exceeds $5,000,000 remain available until expended, for nec- pursuant to the Concurrent Resolution on
which has not previously been reported, in- essary expenses to prevent, prepare for, and the Budget or the Balanced Budget and
cluding the amount of each such obligation. respond to coronavirus: Provided, That such Emergency Deficit Control Act of 1985’’: Pro-
SEC. 306. Of the funds appropriated by this vided, That the exercise of the authority pro-
amount is designated by the Congress as
title under the heading ‘‘Public Health and vided by such paragraph shall be subject to
being for an emergency requirement pursu-
Social Services Emergency Fund’’, up to prior consultation with the Committees on
ant to section 251(b)(2)(A)(i) of the Balanced
$2,000,000 shall be transferred to, and merged Appropriations of the House of Representa-
Budget and Emergency Deficit Control Act
with, funds made available under the head- tives and the Senate.
of 1985.
ing ‘‘Office of the Secretary, Office of Inspec- SEC. 404. Funds appropriated by this title
SSpencer on DSKBBXCHB2PROD with HOUSE
tor General’’, and shall remain available ECONOMIC SUPPORT FUND under the headings ‘‘Global Health Pro-
until expended, for oversight of activities For an additional amount for ‘‘Economic grams’’ and ‘‘Economic Support Fund’’ may
supported with funds appropriated to the De- Support Fund’’, $250,000,000, to remain avail- be made available as contributions to inter-
partment of Health and Human Services in able until September 30, 2022, for necessary national organizations to prevent, prepare
titles I and III: Provided, That the Inspector expenses to prevent, prepare for, and respond for, and respond to coronavirus, following
General of the Department of Health and to coronavirus, including to address related consultation with the Committees on Appro-
Human Services shall consult with the Com- economic, security, and stabilization re- priations of the House of Representatives
mittees on Appropriations of the House of quirements: Provided, That such amount is and the Senate.
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H1492 CONGRESSIONAL RECORD — HOUSE March 4, 2020
SEC. 405. Funds appropriated by this title SEC. 507. Each amount designated in this the amendments made by this subsection by
under the headings ‘‘Diplomatic Programs’’, Act by the Congress as being for an emer- program instruction or otherwise.
‘‘Global Health Programs’’, ‘‘International gency requirement pursuant to section (b) CLARIFICATION OF DEFINITIONS OF EMER-
Disaster Assistance’’, and ‘‘Economic Sup- 251(b)(2)(A)(i) of the Balanced Budget and GENCY AREA AND EMERGENCY PERIOD.—Para-
port Fund’’ may be used to reimburse ac- Emergency Deficit Control Act of 1985 shall graph (1) of section 1135(g) of the Social Se-
counts administered by the Department of be available (or rescinded or transferred, if curity Act (42 U.S.C. 1320b–5(g)) is amended
State and the United States Agency for applicable) only if the President subse- to read as follows:
International Development for obligations quently so designates all such amounts and ‘‘(1) EMERGENCY AREA; EMERGENCY PE-
incurred to prevent, prepare for, and respond transmits such designations to the Congress. RIOD.—
to coronavirus prior to the date of enact- SEC. 508. Any amount appropriated by this ‘‘(A) IN GENERAL.—Subject to subparagraph
ment of this Act: Provided, That this section Act, designated by the Congress as an emer- (B), an ‘emergency area’ is a geographical
shall not apply to obligations incurred by gency requirement pursuant to section area in which, and an ‘emergency period’ is
the Emergency Reserve Fund, established 251(b)(2)(A)(i) of the Balanced Budget and the period during which, there exists—
pursuant to section 7058(c)(1) of the Depart- Emergency Deficit Control Act of 1985 and ‘‘(i) an emergency or disaster declared by
ment of State, Foreign Operations, and Re- subsequently so designated by the President, the President pursuant to the National
lated Programs Appropriations Act, 2017 (di- and transferred pursuant to transfer authori- Emergencies Act or the Robert T. Stafford
vision J of Public Law 115–31). ties provided by this Act shall retain such Disaster Relief and Emergency Assistance
SEC. 406. (a) STRATEGY.—Not later than 15 designation. Act; and
days after the date of enactment of this Act, This division may be cited as the ‘‘(ii) a public health emergency declared by
the Secretary of State and the Adminis- ‘‘Coronavirus Preparedness and Response the Secretary pursuant to section 319 of the
trator of the United States Agency for Inter- Supplemental Appropriations Act, 2020’’. Public Health Service Act.
national Development, following consulta- DIVISION B—TELEHEALTH SERVICES
tion with the heads of other relevant Federal ‘‘(B) EXCEPTION.—For purposes of sub-
DURING CERTAIN EMERGENCY PERIODS section (b)(8), an ‘emergency area’ is a geo-
agencies, shall jointly submit to the Com-
mittees on Appropriations of the House of SEC. 101. SHORT TITLE. graphical area in which, and an ‘emergency
Representatives and the Senate a strategy to This division may be cited as the ‘‘Tele- period’ is the period during which, there ex-
prevent, prepare for, and respond to health Services During Certain Emergency ists—
coronavirus abroad. Periods Act of 2020’’. ‘‘(i) the public health emergency declared
(b) REPORTING REQUIREMENT.—Not later SEC. 102. SECRETARIAL AUTHORITY TO TEMPO- by the Secretary pursuant to section 319 of
than 30 days after enactment of this Act, the RARILY WAIVE OR MODIFY APPLICA- the Public Health Service Act on January 31,
TION OF CERTAIN MEDICARE RE- 2020, entitled ‘Determination that a Public
Secretary of State and the Administrator of
QUIREMENTS WITH RESPECT TO Health Emergency Exists Nationwide as the
the United States Agency for International TELEHEALTH SERVICES FURNISHED
Development shall jointly submit to the DURING CERTAIN EMERGENCY PE-
Result of the 2019 Novel Coronavirus’; and
Committees on Appropriations of the House RIODS. ‘‘(ii) any renewal of such declaration pur-
of Representatives and the Senate a report (a) IN GENERAL.— suant to such section 319.’’.
on the proposed uses of funds appropriated (1) WAIVER AUTHORITY.—The first sentence SEC. 103. BUDGETARY EFFECTS.
by this title on a country and project basis: of section 1135(b) of the Social Security Act (a) STATUTORY PAYGO SCORECARDS.—The
Provided, That such report shall be updated (42 U.S.C. 1320b–5(b)) is amended— budgetary effects of this division shall not be
and submitted to such Committees every 60 (A) in paragraph (6), by striking ‘‘and’’ at entered on either PAYGO scorecard main-
days thereafter until September 30, 2022, and the end; tained pursuant to section 4(d) of the Statu-
every 180 days thereafter until all funds have (B) in paragraph (7), by striking the period tory Pay-As-You-Go Act of 2010.
been expended, and shall include information at the end and inserting ‘‘; and’’; and (b) SENATE PAYGO SCORECARDS.—The
detailing how estimates and assumptions (C) by inserting after paragraph (7) the fol- budgetary effects of this division shall not be
contained in previous reports have changed, lowing new paragraph: entered on any PAYGO scorecard maintained
including obligations and expenditures on a ‘‘(8) in the case of a telehealth service (as for purposes of section 4106 of H. Con. Res. 71
country and project basis. defined in paragraph (4)(F) of section (115th Congress).
TITLE V 1834(m)) furnished in any emergency area (or (c) CLASSIFICATION OF BUDGETARY EF-
GENERAL PROVISIONS—THIS ACT portion of such an area) during any portion FECTS.—Notwithstanding Rule 3 of the Budg-
SEC. 501. Each amount appropriated or of any emergency period to an individual by et Scorekeeping Guidelines set forth in the
made available by this Act is in addition to a qualified provider (as defined in subsection joint explanatory statement of the com-
amounts otherwise appropriated for the fis- (g)(3))— mittee of conference accompanying Con-
cal year involved. ‘‘(A) the requirements of paragraph (4)(C) ference Report 105–217 and section 250(c)(8) of
SEC. 502. No part of any appropriation con- of such section, except that a facility fee the Balanced Budget and Emergency Deficit
tained in this Act shall remain available for under paragraph (2)(B)(i) of such section may Control Act of 1985, the budgetary effects of
obligation beyond the current fiscal year un- only be paid to an originating site that is a this division shall not be estimated—
less expressly so provided herein. site described in any of subclauses (I) (1) for purposes of section 251 of such Act;
SEC. 503. Unless otherwise provided for by through (IX) of paragraph (4)(C)(ii) of such and
this Act, the additional amounts appro- section; and (2) for purposes of paragraph (4)(C) of sec-
priated by this Act to appropriations ac- ‘‘(B) the restriction on use of a telephone tion 3 of the Statutory Pay-As-You-Go Act
counts shall be available under the authori- described in the second sentence of section of 2010 as being included in an appropriation
ties and conditions applicable to such appro- 410.78(a)(3) of title 42, Code of Federal Regu- Act.
priations accounts for fiscal year 2020. lations (or a successor regulation), but only
SEC. 504. (a) Subject to subsection (b), and
The SPEAKER pro tempore. Pursu-
if such telephone has audio and video capa- ant to the rule, the gentlewoman from
notwithstanding any other provision of law, bilities that are used for two-way, real-time
funds made available in this Act, or trans- New York (Mrs. LOWEY) and the gentle-
interactive communication.’’.
ferred pursuant to authorization granted in
(2) DEFINITION OF QUALIFIED PROVIDER.—
woman from Texas (Ms. GRANGER) each
this Act, may only be used to prevent, pre- will control 20 minutes.
Section 1135(g) of the Social Security Act (42
pare for, and respond to coronavirus. The Chair recognizes the gentle-
(b) Subsection (a) shall not apply to sec- U.S.C. 1320b–5(g)) is amended by adding at
the end the following new paragraph: woman from New York.
tion 301(c) of this Act, or to reimbursements
made pursuant to authority in this Act, or to ‘‘(3) QUALIFIED PROVIDER.—The term ‘quali- GENERAL LEAVE
funds made available in this Act for the fied provider’ means, with respect a tele- Mrs. LOWEY. Madam Speaker, I ask
Emergency Reserve Fund, established pursu- health service (as defined in paragraph (4)(F) unanimous consent that all Members
ant to section 7058(c)(1) of division J of Pub- of section 1834(m)) furnished to an indi-
vidual, a physician or practitioner (as de-
have 5 legislative days in which to re-
lic Law 115–31, or to funds made available in vise and extend their remarks and in-
this Act for the Infectious Diseases Rapid fined in paragraph (4)(D) or (4)(E), respec-
tively, of such section) who— clude extraneous material on H.R. 6074,
Response Reserve Fund, established pursu-
ant to section 231 of division B of Public Law ‘‘(A) furnished to such individual an item currently under consideration.
115–245. or service for which payment was made The SPEAKER pro tempore. Is there
SEC. 505. Not later than 60 days after the under title XVIII during the 3-year period objection to the request of the gentle-
ending on the date such telehealth service woman from New York?
SSpencer on DSKBBXCHB2PROD with HOUSE
date of enactment of this Act, the Comp-
troller General of the United States shall was furnished; or There was no objection.
consult with the Committees on Appropria- ‘‘(B) is in the same practice (as determined Mrs. LOWEY. Madam Speaker, I
tions of the House of Representatives and by tax identification number) of a physician
or practitioner (as so defined) who furnished
yield myself such time as I may con-
the Senate on oversight of activities sup-
ported with funds appropriated by this Act. such an item or service to such individual sume.
SEC. 506. In this Act, the term during such period.’’. Madam Speaker, as the coronavirus
‘‘coronavirus’’ means SARS–CoV–2 or an- (3) IMPLEMENTATION.—The Secretary of moves closer to becoming a global pan-
other coronavirus with pandemic potential. Health and Human Services may implement demic, it is spreading within the
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1493
United States, including in my own Madam Speaker, the bill before us efforts to contain the virus worldwide.
home county, and its death toll con- today will allow the administration to Specifically, it includes:
tinues to grow. continue its efforts to address the $264 million to maintain consular op-
While the Trump administration has virus, both at home and abroad. Spe- erations, pay for evacuation expenses,
repeatedly demonstrated a failure to cifically, the bill includes funds for the and address other emergency prepared-
understand public health needs, Con- development of broadly available test- ness needs at our embassies and con-
gress is acting with the seriousness and ing kits to diagnose those who may be sulates around the world;
the sense of urgency the coronavirus infected, medicines to minimize the $435 million in global health funds,
threat demands. symptoms of the disease, and vaccines including $200 million for the emer-
This emergency supplemental is the to prevent its spread. gency reserve fund that we established
product of thoughtful bipartisan co- An overwhelming majority of our in 2017 to address emerging health
operation. It provides $8.3 billion in en- drug ingredients, pharmaceuticals, and threats abroad;
tirely new funding to keep Americans medical devices are manufactured $300 million of international disaster
safe, including: overseas. It is critical that we increase assistance funding to respond to hu-
More than $3 billion for research and domestic drug production, increase the manitarian needs related to the virus;
development of vaccines, therapeutics, safety of the medical supply chain, and $250 million for economic and secu-
and diagnostics; identify potential shortages. rity needs in countries facing insta-
$300 million for the government to That is why this bill also includes bility because of the virus; and
purchase vaccines at a fair and reason- funds for the Food and Drug Adminis- $1 million for the USAID inspector
able price; tration to further ensure the safety general to perform oversight of
$2.2 billion in public health funding coronavirus response activities.
and security of all Americans. The bill
for prevention, preparedness, and re- The bill also requires a comprehen-
will also direct nearly $1 billion to
sponse, of which $950 million is to sup- sive strategy to respond to the
State and local public health agencies
port State and local health agencies; coronavirus overseas and regular re-
on the front lines protecting our com-
Nearly $1 billion for medical supplies,
munities. porting on the use of the funds so that
healthcare preparedness, community
Finally, the bill protects American we know how the moneys are being
health centers, and medical surge ca-
citizens abroad and helps prevent fur- spent.
pacity; Madam Speaker, this is a good bill.
$1.2 billion to address the coronavirus ther spread of coronavirus worldwide
by providing just over $1 billion for the The resources are needed urgently, and
abroad, which helps keep Americans
State Department and USAID. I urge our colleagues to vote ‘‘aye.’’
safe here at home; and
Low-interest loans to affected small The Trump administration, through Mrs. LOWEY. Madam Speaker, I re-
businesses to cushion the economic a task force led by Vice President serve the balance of my time.
blow of this public health emergency. PENCE, is doing what is required to re- Ms. GRANGER. Madam Speaker, I
Finally, several other important pro- spond quickly to this ever-changing yield 2 minutes to the gentleman from
visions have been included that will: threat. We must give them the re- Michigan (Mr. UPTON).
allow seniors to access telemedicine sources they need. Mr. UPTON. Madam Speaker, this
services for coronavirus treatment, re- The health and safety of the Amer- legislation is how this place is sup-
quire the Trump administration to re- ican people is not, and never should be, posed to work—real substance, forget
imburse health accounts that were pre- a political issue. I urge all of my col- the politics.
viously raided to pay for the leagues to join me in voting for the We have an emergency. We really do.
coronavirus response, and ensure State measure so that we can continue fight- And I thank the leadership on both
and local governments are reimbursed ing this virus and protecting our loved sides of the aisle for bringing this bill
for costs incurred while assisting the ones. to the floor so quickly.
Federal response. Madam Speaker, I reserve the bal- The bipartisan Problem Solvers Cau-
Madam Speaker, strong funding in ance of my time. cus met for an hour just yesterday at
this legislation is a critical first step Mrs. LOWEY. Madam Speaker, I re- the White House to promise to work to-
to enable a strategic, coordinated, and serve the balance of my time. gether, not only with the administra-
whole-of-government response to the Ms. GRANGER. Madam Speaker, I tion, but with Republicans and Demo-
coronavirus. yield 3 minutes to the gentleman from crats, House and Senate. Many of us,
While we all ardently hope that this Kentucky (Mr. ROGERS), the former the last couple of weeks, have met with
public health emergency does not wors- chairman of the full committee and the the HHS Secretary, CDC, FDA, NIH, as
en, House Democrats will not hesitate ranking member of the State, Foreign well as with our health leaders in our
to act again if we must augment this Operations, and Related Programs Sub- States.
funding with more resources. committee. This money is not only going to help
Madam Speaker, I urge my col- Mr. ROGERS of Kentucky. Madam our health officials on the front lines;
leagues to join me in support of this Speaker, I thank the gentlewoman for it is going to help our families in vir-
legislation, and I reserve the balance of yielding. tually every community. It is also
my time. Madam Speaker, I rise today in sup- going to help develop the vaccine and
Ms. GRANGER. Madam Speaker, I port of this bill, H.R. 6074. This the therapeutics to save perhaps tens
yield myself such time as I may con- coronavirus emergency supplemental, of thousands of lives.
sume. as has been said, provides $7.8 billion in The 21st Century Cures legislation
Madam Speaker, I rise today in sup- additional appropriations for the U.S. that most of us supported 3 years ago
port of H.R. 6074, an emergency supple- response to coronavirus. has laid the foundation to expedite the
mental appropriations bill to fund the Within the total, more than $2 billion cures for so many illnesses, including
U.S. response to the coronavirus. is included for the Centers for Disease this one. This is a moment in time
When the news broke about this Control, and $1 billion is for State and when we need to step up for the safety
virus, the administration was able to local preparedness. The bill also pro- of our families, our communities, and
respond immediately with reserve vides more than $4 billion for research our Nation.
funds the Committee on Appropria- and development of vaccines, Madam Speaker, I urge all of my col-
tions created for the Department of diagnostics, and therapeutics. leagues to support this money that is
Health and Human Services and the As ranking member of the State, so desperately needed and get it to the
SSpencer on DSKBBXCHB2PROD with HOUSE
U.S. Agency for International Develop- Foreign Operations, and Related Pro- President as quickly as we can.
ment. These funds were championed by grams Subcommittee, I would also Ms. GRANGER. Madam Speaker, I
Republican leaders of our subcommit- highlight the $1.25 billion in the bill for yield back the balance of my time.
tees and had broad bipartisan support. the State Department and the United Mrs. LOWEY. Madam Speaker, the
It is my hope that the supplemental States Agency for International Devel- government’s greatest responsibility is
funding bill will receive the same level opment, AID. These funds will help to keep Americans safe. This emer-
of cooperation. protect Americans abroad and support gency supplemental addresses the
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H1494 CONGRESSIONAL RECORD — HOUSE March 4, 2020
coronavirus and takes critical steps to sources they need. This will help them to iden- to clause 9 of rule XX, the remaining
protect the American people from this tify potential patients and treat confirmed pa- electronic vote will be conducted as a
deadly and expanding outbreak. tients while working to keep everyone else 5-minute vote.
I urge my colleagues to vote for this safe from further exposure to this dangerous f
critical assistance, and I yield back the viral agent.
balance of my time. Today is no time for partisan games. TAIWAN ALLIES INTERNATIONAL
The SPEAKER pro tempore. The Congress should rise to the occasion by PROTECTION AND ENHANCE-
question is on the motion offered by working together to approve this bill so that MENT INITIATIVE (TAIPEI) ACT
the gentlewoman from New York (Mrs. President Trump can sign it into law and pro- OF 2019
LOWEY) that the House suspend the vide vital funds and assistance to my part of The SPEAKER pro tempore. Pursu-
rules and pass the bill, H.R. 6074. southwest Florida and the rest of the Nation. ant to clause 8 of rule XX, the unfin-
The question was taken. Ms. VELÁZQUEZ. Madam Speaker, I rise in ished business is the vote on the mo-
The SPEAKER pro tempore. In the support of this legislation. Aside from the pub- tion to suspend the rules and pass the
opinion of the Chair, two-thirds being lic health impact, this outbreak also threatens bill (S. 1678) to express United States
in the affirmative, the ayes have it. grave economic damage. Already, economists support for Taiwan’s diplomatic alli-
Ms. GRANGER. Madam Speaker, on have lowered global forecasts with the dim- ances around the world, as amended, on
that I demand the yeas and nays. mest outlooks predicting a fall from nearly 3 which the yeas and nays were ordered.
The yeas and nays were ordered. percent to just 1 percent growth due to the un- The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursu- certainty and disruptions inflicted by the virus. The SPEAKER pro tempore. The
ant to clause 8 of rule XX, further pro- Small firms, in particular, can expect hard- question is on the motion offered by
ceedings on this motion will be post- ship from this public health crisis. From the the gentleman from Rhode Island (Mr.
poned. local barber shop or neighborhood cafe to the CICILLINE) that the House suspend the
Mr. COLE. Madam Speaker, I rise today in innovative technology startup, a pandemic can rules and pass the bill, as amended.
support of this Supplemental bill, which will mean fewer customers, supply chain disrup- The vote was taken by electronic de-
provide $7.8 billion for our country to prepare tion, and workforce reductions. vice, and there were—yeas 415, nays 0,
for, prevent, and respond to the coronavirus. As the coronavirus spreads, so, too does not voting 14, as follows:
Congress thankfully began preparing for misinformation and alarm. Because of stigma [Roll No. 85]
public health emergencies like the coronavirus and xenophobia, many Chinatown restaurants
five years ago, by including generous in- YEAS—415
and stores in my city of New York were al-
creases for the National Institutes of Health, Abraham Cicilline Flores
ready feeling economic pain before even one Adams Cisneros Fortenberry
the Centers for Disease Control and Preven- person in the city tested positive for the virus. Aderholt Clark (MA) Foster
tion and the Strategic National Stockpile. Merchants in Chinatown have reported sales Aguilar Clarke (NY) Foxx (NC)
Beyond that, in 2018 this Congress estab- drops as high as 80 percent. Allen Clay Frankel
lished the Infectious Disease Rapid Response Allred Cleaver Fudge
Provisions in this bill would mean all small Amash Cline Fulcher
Reserve Fund, which enabled our Administra- businesses harmed by the virus could apply Amodei Cloud Gabbard
tion and public health officials to direct a swift for emergency loans, with low interest rates, to Armstrong Clyburn Gaetz
and decisive response to protect our citizens Arrington Cohen Gallagher
help them meet financial obligations. Just as Axne Cole Gallego
from day one. the SBA helps small firms get back on their Babin Collins (GA) Garamendi
The funding provided in this Supplemental feet after a hurricane, wildfire or earthquake, Bacon Comer Garcı́a (IL)
bill will further target resources to state and the agency can be critical to helping local Baird Conaway Garcia (TX)
local health officials. It will enable the govern- Balderson Connolly Gianforte
economies recover from this public health cri- Banks Cook Gibbs
ment to procure medical supplies to supple- sis. Barr Cooper Gohmert
ment the Strategic National Stockpile. It will I want to thank Speaker PELOSI and Chair- Barragán Correa Golden
provide over $800 million for research into a woman LOWEY for working to include these Bass Costa Gonzalez (OH)
Beatty Courtney Gonzalez (TX)
vaccine, and provide additional funds to de- provisions, which are modeled on legislation I Bera Cox (CA) Gooden
velop medicines, diagnostic tests, and aid in introduced late last week. I encourage a yes Bergman Craig Gosar
hospital preparedness. vote. Beyer Crawford Gottheimer
The bill also includes language waiving cer- Biggs Crenshaw Granger
f Bilirakis Crist Graves (GA)
tain telehealth requirements during this time to Bishop (GA) Crow Graves (LA)
ensure Medicare beneficiaries can receive the RECESS Bishop (NC) Cuellar Graves (MO)
care they need at home to avoid placing them- The SPEAKER pro tempore. Pursu-
Bishop (UT) Cunningham Green (TN)
Blumenauer Curtis Green, Al (TX)
selves at greater risk of the virus. ant to clause 12(a) of rule I, the Chair Blunt Rochester Davids (KS) Griffith
I’m glad we were able to come together in declares the House in recess subject to Bonamici Davidson (OH) Grothman
a bipartisan fashion to speed these funds to the call of the Chair. Bost Davis (CA) Guest
where they are needed. Boyle, Brendan Davis, Danny K. Guthrie
Accordingly (at 2 o’clock and 45 min- F. Davis, Rodney Haaland
Mr. BUCHANAN. Madam Speaker, I rise in utes p.m.), the House stood in recess. Brady Dean Hagedorn
strong support of this Emergency Supple- Brindisi DeFazio Harder (CA)
f
mental bill. I commend the bipartisan leader- Brooks (AL) DeGette Harris
Brooks (IN) DeLauro Hartzler
ship of the Appropriations Committee for b 1600 Brown (MD) DelBene Hastings
bringing this critically needed bill to the floor Brownley (CA) Delgado Hayes
AFTER RECESS
so quickly. Buchanan Demings Heck
Time is of the essence for my constituents. The recess having expired, the House Buck DeSaulnier Hern, Kevin
was called to order by the Speaker pro Bucshon DesJarlais Herrera Beutler
Why? Because in my District, we already have Budd Deutch Hice (GA)
3 confirmed cases of Coronavirus. tempore (Mr. RUIZ) at 4 o’clock p.m. Burchett Diaz-Balart Higgins (LA)
I just finished 2 days of in-depth meetings f Burgess Dingell Higgins (NY)
with front-line medical experts at both the Doc- Bustos Doyle, Michael Hill (AR)
tors Hospital and Sarasota Memorial Hospital. ANNOUNCEMENT BY THE SPEAKER Butterfield F. Himes
PRO TEMPORE Calvert Duncan Holding
The message I have today for my col- Carbajal Dunn Hollingsworth
leagues in the House is crystal clear. We need The SPEAKER pro tempore. Pro- Cárdenas Emmer Horn, Kendra S.
ceedings will resume on questions pre- Carson (IN) Engel Horsford
to dramatically ramp-up the supply of test kits, Carter (GA) Escobar Houlahan
increase the number of locations where peo- viously postponed. Votes will be taken
SSpencer on DSKBBXCHB2PROD with HOUSE
Carter (TX) Eshoo Hoyer
ple exhibiting symptoms can easily get tested, in the following order: Cartwright Espaillat Hudson
and accelerate the process of getting results Motions to suspend the rules and Case Estes Huffman
Casten (IL) Evans Huizenga
back—hopefully in less than 24 hours. pass: Castor (FL) Ferguson Hurd (TX)
It is imperative that Congress quickly pass S. 1678, and Castro (TX) Finkenauer Jackson Lee
this bill so that key state and local public H.R. 6074. Chabot Fitzpatrick Jayapal
health agencies and officials, who are on the The first electronic vote will be con- Cheney Fleischmann Jeffries
Chu, Judy Fletcher Johnson (GA)
front-line of this pandemic get all of the re- ducted as a 15-minute vote. Pursuant
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1495
Johnson (LA) Mitchell Sewell (AL) CORONAVIRUS PREPAREDNESS Kim Napolitano Simpson
Johnson (OH) Moolenaar Shalala Kind Neal Slotkin
Johnson (SD) Mooney (WV) Sherman
AND RESPONSE SUPPLEMENTAL King (IA) Neguse Smith (MO)
Jordan Moore Sherrill APPROPRIATIONS ACT, 2020 King (NY) Newhouse Smith (NE)
Joyce (OH) Morelle Shimkus Kinzinger Norcross Smith (NJ)
Joyce (PA) Moulton Simpson The SPEAKER pro tempore. Pursu- Kirkpatrick Norman Smith (WA)
Katko Mucarsel-Powell Slotkin ant to clause 8 of rule XX, the unfin- Krishnamoorthi Nunes Smucker
Keating Mullin Smith (MO) ished business is the vote on the mo- Kuster (NH) O’Halleran Soto
Keller Murphy (FL) Smith (NE) Kustoff (TN) Ocasio-Cortez Spanberger
Kelly (IL) Murphy (NC) Smith (NJ)
tion to suspend the rules and pass the LaHood Olson Spano
Kelly (MS) Nadler Smith (WA) bill (H.R. 6074) making emergency sup- LaMalfa Omar Speier
Kelly (PA) Napolitano Smucker plemental appropriations for the fiscal Lamb Palazzo Stanton
Kennedy Neal Soto year ending September 30, 2020, and for Lamborn Pallone Stauber
Khanna Neguse Spanberger Langevin Palmer Stefanik
Kildee Newhouse Spano other purposes, on which the yeas and Larsen (WA) Panetta Steil
Kilmer Norcross Speier nays were ordered. Larson (CT) Pappas Steube
Kim Norman Stanton The Clerk read the title of the bill. Latta Pascrell Stevens
Kind Nunes Stauber Lawrence Payne Stewart
King (IA) O’Halleran Stefanik The SPEAKER pro tempore. The Lawson (FL) Pelosi Stivers
King (NY) Ocasio-Cortez Steil question is on the motion offered by Lee (CA) Pence Suozzi
Kinzinger Olson Steube the gentlewoman from New York (Mrs. Lee (NV) Perlmutter Swalwell (CA)
Kirkpatrick Omar Stevens Lesko Perry Takano
Krishnamoorthi Palazzo Stewart LOWEY) that the House suspend the Levin (CA) Peters Taylor
Kuster (NH) Pallone Stivers rules and pass the bill. Levin (MI) Peterson Thompson (CA)
Kustoff (TN) Palmer Suozzi This is a 5-minute vote. Lieu, Ted Phillips Thompson (MS)
LaHood Panetta Swalwell (CA) Lipinski Pingree Thompson (PA)
LaMalfa Pappas Takano The vote was taken by electronic de- Loebsack Pocan Thornberry
Lamb Pascrell Taylor vice, and there were—yeas 415, nays 2, Lofgren Porter Timmons
Lamborn Payne Thompson (CA) not voting 13, as follows: Long Posey Tipton
Langevin Pence Thompson (MS) Loudermilk Pressley Titus
Larsen (WA) Perlmutter Thompson (PA) [Roll No. 86] Lowenthal Price (NC) Tlaib
Larson (CT) Perry Thornberry YEAS—415 Lowey Quigley Tonko
Latta Peters Timmons Lucas Raskin Torres (CA)
Lawrence Peterson Tipton Abraham Cloud Garcı́a (IL) Luetkemeyer Ratcliffe Torres Small
Lawson (FL) Phillips Titus Adams Clyburn Garcia (TX) Luján Reed (NM)
Lee (CA) Pingree Tlaib Aderholt Cohen Gianforte Luria Reschenthaler Trahan
Lee (NV) Pocan Tonko Aguilar Cole Gibbs Lynch Rice (NY) Trone
Lesko Porter Torres (CA) Allen Collins (GA) Gohmert Malinowski Rice (SC) Turner
Levin (CA) Posey Torres Small Allred Comer Golden Maloney, Richmond Underwood
Levin (MI) Pressley (NM) Amash Conaway Gonzalez (OH) Carolyn B. Riggleman Upton
Lieu, Ted Price (NC) Trahan Amodei Connolly Gonzalez (TX) Maloney, Sean Roby Van Drew
Lipinski Quigley Trone Armstrong Cook Gooden Marchant Rodgers (WA) Vargas
Loebsack Raskin Turner Arrington Cooper Gosar Marshall Roe, David P. Vela
Lofgren Ratcliffe Underwood Axne Correa Gottheimer Massie Rogers (AL) Velázquez
Long Reed Upton Babin Costa Granger Mast Rogers (KY) Visclosky
Loudermilk Reschenthaler Van Drew Bacon Courtney Graves (GA) Matsui Rose (NY) Wagner
Lowenthal Rice (NY) Vargas Baird Cox (CA) Graves (LA) McAdams Rouda Walberg
Lowey Rice (SC) Vela Balderson Craig Graves (MO) McBath Rouzer Walden
Lucas Richmond Velázquez Banks Crawford Green (TN) McCarthy Roy Walker
Luetkemeyer Riggleman Visclosky Barr Crenshaw Green, Al (TX) McCaul Ruiz Walorski
Luján Roby Wagner Barragán Crist Griffith McClintock Ruppersberger Waltz
Luria Rodgers (WA) Walberg Bass Crow Grothman McCollum Rush Wasserman
Lynch Roe, David P. Walden Beatty Cuellar Guest McEachin Rutherford Schultz
Malinowski Rogers (AL) Walker Bera Cunningham Guthrie McGovern Ryan Watkins
Maloney, Rogers (KY) Walorski Bergman Curtis Haaland McHenry Sánchez Watson Coleman
Carolyn B. Rose (NY) Waltz Beyer Davids (KS) Hagedorn McKinley Sarbanes Weber (TX)
Maloney, Sean Rouda Wasserman Bilirakis Davidson (OH) Harder (CA) McNerney Scalise Webster (FL)
Marchant Rouzer Schultz Bishop (GA) Davis (CA) Harris Meadows Scanlon Welch
Marshall Roy Watkins Bishop (NC) Davis, Danny K. Hartzler Meeks Schakowsky Wenstrup
Massie Ruiz Watson Coleman Bishop (UT) Davis, Rodney Hastings Meng Schiff Westerman
Mast Ruppersberger Weber (TX) Blumenauer Dean Hayes Meuser Schneider Wexton
Matsui Rush Webster (FL) Blunt Rochester DeFazio Heck Miller Schrader Wild
McAdams Rutherford Welch Bonamici DeGette Hern, Kevin Mitchell Schrier Williams
McBath Ryan Wenstrup Bost DeLauro Herrera Beutler Moolenaar Schweikert Wilson (FL)
McCarthy Sánchez Westerman Boyle, Brendan DelBene Hice (GA) Mooney (WV) Scott (VA) Wilson (SC)
McCaul Sarbanes Wexton F. Delgado Higgins (LA) Moore Scott, Austin Wittman
McClintock Scalise Wild Brady Demings Higgins (NY) Morelle Sensenbrenner Womack
McCollum Scanlon Williams Brindisi DeSaulnier Hill (AR) Moulton Serrano Woodall
McEachin Schakowsky Wilson (FL) Brooks (AL) DesJarlais Himes Mucarsel-Powell Sewell (AL) Wright
McGovern Schiff Wilson (SC) Brooks (IN) Deutch Holding Mullin Shalala Yarmuth
McHenry Schneider Wittman Brown (MD) Diaz-Balart Hollingsworth Murphy (FL) Sherman Yoho
McKinley Schrader Womack Brownley (CA) Dingell Horn, Kendra S. Murphy (NC) Sherrill Young
McNerney Schrier Woodall Buchanan Doyle, Michael Horsford Nadler Shimkus Zeldin
Meadows Schweikert Wright Bucshon F. Houlahan
Meeks Scott (VA) Yarmuth Budd Duncan Hoyer NAYS—2
Meng Scott, Austin Yoho Burchett Dunn Hudson Biggs Buck
Meuser Sensenbrenner Young Burgess Emmer Huffman
Miller Serrano Zeldin Bustos Engel Huizenga NOT VOTING—13
Butterfield Escobar Hurd (TX)
NOT VOTING—14 Byrne Lewis Sires
Calvert Eshoo Jackson Lee
Doggett Rooney (FL) Veasey
Byrne Kaptur Scott, David Carbajal Espaillat Jayapal
Gomez Rose, John W. Waters
Doggett Lewis Sires Cárdenas Estes Jeffries
Grijalva Roybal-Allard
Gomez Rooney (FL) Carson (IN) Evans Johnson (GA)
Veasey Johnson (TX) Scott, David
Grijalva Rose, John W. Carter (GA) Ferguson Johnson (LA)
Waters
Johnson (TX) Roybal-Allard Carter (TX) Finkenauer Johnson (OH) b 1643
Cartwright Fitzpatrick Johnson (SD)
b 1630 Case Fleischmann Jordan So (two-thirds being in the affirma-
Casten (IL) Fletcher Joyce (OH) tive) the rules were suspended and the
Messrs. MORELLE and JOHNSON of Castor (FL) Flores Joyce (PA)
Georgia changed their vote from ‘‘nay’’ Castro (TX) Fortenberry Kaptur
bill was passed.
The result of the vote was announced
SSpencer on DSKBBXCHB2PROD with HOUSE
to ‘‘yea.’’ Chabot Foster Katko
So (two-thirds being in the affirma- Cheney Foxx (NC) Keating as above recorded.
Chu, Judy Frankel Keller A motion to reconsider was laid on
tive) the rules were suspended and the Cicilline Fudge Kelly (IL)
bill, as amended, was passed. Cisneros Fulcher Kelly (MS) the table.
The result of the vote was announced Clark (MA) Gabbard Kelly (PA) PERSONAL EXPLANATION
Clarke (NY) Gaetz Kennedy Mr. GOMEZ. Mr. Speaker, I am not re-
as above recorded. Clay Gallagher Khanna
A motion to reconsider was laid on Cleaver Gallego Kildee corded on rollcall vote No. 83. Had I been
the table. Cline Garamendi Kilmer present, I would have voted ‘‘yea’’. I am not
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H1496 CONGRESSIONAL RECORD — HOUSE March 4, 2020
recorded on rollcall vote No. 84. Had I been HOUR OF MEETING ON TOMORROW Congratulations on the win to the
present, I would have voted ‘‘yea’’. I am not Ms. WILD. Mr. Speaker, I ask unani- West Valley Eagles, and head coach,
recorded on rollcall vote No. 85. Had I been mous consent that when the House ad- Lenny Ehn. Good luck in the play-offs
present, I would have voted ‘‘yea’’. I am not journs today, it adjourn to meet at 9 for the State championship, we will be
recorded on rollcall vote No. 86. Had I been a.m. tomorrow. rooting for you.
present, I would have voted ‘‘yea’’. The SPEAKER pro tempore (Mr. f
f DANNY K. DAVIS of Illinois). Is there ob- CLERMONT NATIVE EARNS NA-
RECOGNIZING BERTA CACERES jection to the request of the gentle- TIONAL ATHLETIC RECOGNITION
(Mr. JOHNSON of Georgia asked and woman from Pennsylvania?
There was no objection. (Mr. SPANO asked and was given per-
was given permission to address the mission to address the House for 1
House for 1 minute and to revise and f
minute and to revise and extend his re-
extend his remarks.) IMPRISONMENT OF SAUDI WOMEN marks.)
Mr. JOHNSON of Georgia. Mr. Speak- ACTIVISTS Mr. SPANO. Mr. Speaker, today I
er, today indigenous environmental ac- rise to recognize Clermont, Florida, na-
tivist, Berta Caceres, would have been (Ms. WILD asked and was given per-
mission to address the House for 1 tive Diane Travis, who exemplifies the
49 years old, but on March 2, 2016, she type of citizen who puts community
was viciously murdered in her own minute and to revise and extend her re-
marks.) above self.
home by a coordinated effort between Ms. Travis serves as a councilwoman,
greedy corporate and government Ms. WILD. Mr. Speaker, I rise today
to recognize three extraordinary small business owner, and most re-
thugs.
women: Nouf Abdulaziz, Loujain Al- cently was named as a finalist for the
She died defending the land of the
Lenca indigenous people. Berta, along Hathloul, and Eman Al-Nafjan. Anne Viviani Women’s Great Grand
with countless other Honduran activ- For nearly 2 years, these women have Masters Duathlete of the Year. As a
ists, was the victim of a government been imprisoned, placed in solitary duathlete who runs, bikes, and then
wracked with corruption and impunity. confinement, and tortured by the Saudi runs again, she truly exhibits tremen-
Drug traffickers have littered the high- Government, all because they used dous perseverance, discipline, and
est ranks of Honduras’ Government, their voices to express the need for the strength of character.
and its military remains weaponized government to recognize the funda- Even more noteworthy is the fact
against its own people, all of whom are mental rights and dignity of women. that she dedicates each race to her
targets of victimization by this govern- Under Saudi Arabia’s male guardian- friend, Anne Viviani, whom this award
ment, which is aided by U.S. security ship system, which requires women to is named after, and who sadly lost her
assistance. We turn away our brothers obtain permission of their male guard- life in a car accident returning home
and sisters at the border, but we abet ians in healthcare, employment, and from a competition.
the very crimes they are fleeing. travel decisions, the very notion of Being recognized as a finalist for
Berta Caceras’ legacy should serve to women’s rights or, for that matter, Duathlete of the Year reflects the
remind us of this, and enough is human rights, is effectively non- great success Ms. Travis has displayed
enough. existent. in past competitions, including being
f Despite the Saudi Government’s re- the 2019 champion in her age group at
cent claims of social reform, an unac- the Women’s USA Nationals, and then
RECOGNIZING LAURA RANDOLPH capturing the silver medal at the world
ceptably oppressive status quo con-
STEVENS DEVENDORF competition.
tinues to dominate virtually every as-
(Mr. CARTER of Georgia asked and pect of life for women in Saudi Arabia. Mr. Speaker, I wish Councilwoman
was given permission to address the Mr. Speaker, I urge my colleagues to Travis the best of luck moving forward
House for 1 minute and to revise and join me as a cosponsor of H. Res. 129, a as a finalist and in all future competi-
extend his remarks.) resolution which calls for the imme- tions. I know she will continue to
Mr. CARTER of Georgia. Mr. Speak- diate release of these activists and make Clermont, the 15th Congressional
er, I rise today to remember and honor District, and our country proud.
calls on the administration to impose
the life of Mrs. Laura Randolph Ste-
sanctions on Saudi officials responsible f
vens Devendorf.
Born in Savannah in Georgia’s First for human rights violations. SOCIAL SECURITY AND MEDICARE
Congressional District, Laura was a Let us come together, Democrats and THOUGHT EXPERIMENT
fearless advocate, a talented artist, and Republicans alike, in demanding the
release of these courageous women. The SPEAKER pro tempore. Under
dedicated writer who used her gifts for the Speaker’s announced policy of Jan-
the betterment of others. f
uary 3, 2019, the gentleman from Ari-
Laura was an extraordinarily gifted CONGRATULATING THE WEST VAL- zona (Mr. SCHWEIKERT) is recognized
designer. In fact, during the Atlanta LEY GIRLS BASKETBALL TEAM for 60 minutes as the designee of the
Olympic Games, she served as assistant
(Mr. LAMALFA asked and was given minority leader.
course designer, the first women in
permission to address the House for 1 Mr. SCHWEIKERT. Mr. Speaker, we
Olympic history to be so honored.
She was also a dedicated environ- minute and to revise and extend his re- are going to actually try to touch on 3
mentalist and preservationist. In her marks.) or 4 different things this evening, and I
late sixties, she became a certified Mr. LAMALFA. Mr. Speaker, this am going to try to make it all sort of
Master Tree Farmer and Master past Saturday, the West Valley girls connect together.
Wildlifer and was an instructor for the basketball team had a come-from-be- On a personal level, I was very
University of Georgia’s Master Natu- hind win to win the Northern Section pleased as we were doing the supple-
ralist Program in forestry and salt Division IV championship in northern mental and the mechanism in regard to
marsh ecology. California. the coronavirus, a little widget of that
She served on numerous boards, in- After going 23–8 in the regular sea- was actually the telemedicine piece of
cluding the Georgia Forestry Associa- son, West Valley shut out their oppo- legislation that I believe Mr. THOMPSON
tion. In fact, in 2000, she was named nent in the fourth quarter to pull out a from the Ways and Means Committee
Georgia’s Tree Farmer of the Year. 29–26 victory. and myself have offered. It is always
After trailing 24–17 in the third quar- nice to see some of these ideas you
SSpencer on DSKBBXCHB2PROD with HOUSE
I was blessed to meet Miss Laura, so
I can attest to her empathy, her intel- ter, Hannah Wayne scored seven of the have been working on getting lifted up
lect, creativity, courage, and compas- next eight points for the Eagles, cre- and moved forward.
sion. She was a pillar in Savannah, and ating a momentum that allowed the But this evening I actually want to
her legacy will live on. Eagles to keep the lead for good. sort of continue to talk about science,
Laura’s family and friends will be in Madalynn Bassett scored eight and the fact of the matter is, the im-
my thoughts and prayers during this points, along with Hannah Wayne, for pact it can have if we actually think
most difficult time. lead scorer of the game. forward on functionally our debt, our
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1497
deficits, and our ability to keep our ing through the coronavirus, making If we can make this miracle work for
promises. sure there are supplementals and all our brothers and sisters across the
You know, I have been behind this these other things, and we also have country, how do we incentivize invest-
mic dozens and dozens of times with had briefings, even earlier today, of ment in this type of technology that
my little boards, trying to demonstrate some of the small labs and Big Pharma not only may partially or substantially
that over the next 30 years, functioning and little pharma that are desperately cure diabetes, but it also solves one of
Social Security and Medicare, these working to produce vaccines to also our greatest debt problems in the fu-
are earned benefits, but they also are new therapeutics, antivirals. ture? This is actually the sort of thing
the primary drivers of U.S. debt. It is Yet, this same body in December Republicans and Democrats should be
almost all of it. And a lot of it is just moved a piece of legislation through embracing and the policy and ideas to
demographics, we are getting older as a here that would functionally crush, move capital, to move incentives to
society, and most of it is actually would functionally put those small bio- make this work.
Medicare, it is healthcare costs. logic innovators out of business. It If this body is going to even have a
And it turns out that there are op- would destroy what is often called the discussion saying, hey, the world eco-
portunities that, if we can embrace ‘‘capital stack,’’ the ability to raise nomics are going to slow down for a lit-
technology to actually disrupt some of money for high-risk therapeutics that tle while because of what is going on
those healthcare costs—and at the end, most of the time fail. and we want to do some stimuli; talk
we always sort of talk about we need to If we care about drug prices, which about doing stimuli that actually isn’t
grow the economy, we need tax policy, both the Republican side and the Dem- just a momentary change, but actually
we need immigration policy, we need ocrat side all focus on, can we make would change our future debt curve be-
regulatory policy, we need incentives sure that, if you are going to move a cause it provides cures for our brothers
for labor force participation, there are bill like they did, H.R. 3, that—func- and sisters with diabetes, a chronic
all these things that make the econ- tionally you are going to get some condition that is 30 percent of just
omy grow so we have the resources, the price efficiency here, but you are going Medicare’s future spending.
receipts, revenues, tax revenues, and to wipe out the very innovation and I am asking us to think not only
other things, to actually keep our the very biologics and small pharmas strategically and creatively, but also
promises. But one of the other things that we are relying on right now to incentivize the very science that actu-
we could do is also disrupt the price of produce some of the very disruptions ally helps change our future. And it is
healthcare. for what is going on in the world right here. This is really exciting stuff.
So just as a thought experiment, ex- now. You know, you hope and pray that
Understand, we have to be so careful the continuation of the experiments
cept it is actually based in the living
that we don’t satiate our current polit- and the science continue to go in this
math—this slide is a little hard to deal
ical desire—and it is a real one, to deal direction, this is a big deal. And it is
with—but think of this, over the next
with the cost of pharmaceuticals—and not only a big deal from a science
30 years—and this isn’t adjusted for in-
end up destroying future innovation
flation—but over the next 30 years, if standpoint for our brothers and sisters
that will save lives, but also make sure
you were to remove Social Security with diabetes, but even from debt and
we have the infrastructure for when we
and Medicare, you would have $23 tril- deficits. It turns out you really can ac-
take on something like we are right
lion in the bank. tually have that holistic circle come
now with the virus around the world.
If you roll Social Security and Medi- It turns out one of our greatest debt together if we can get our policies
care back, you are $103 trillion in debt, drivers is diabetes. It is 30 percent of right around here.
and it is mostly Medicare, it is mostly So another thing we spend a lot of
the cost of Medicare over the next 30
healthcare costs. Well, 30 percent of years. time on is talking about energy policy.
that healthcare cost is just diabetes— So why show this board? How do you deal with everything from
and that is what this slide is sort of Just a couple days ago, I came across the issues of greenhouse gases and how
walking through—diagnosed, the indi- a series of articles talking about an- dysfunctional our actual policies are
viduals we know about, those we are other example of a miracle that science here?
expecting to come in the future years, is bringing us. And I don’t mean to get snarky, but
and the cost curve. This is a mouse experiment. And tra- on one hand people get behind these
The fact of the matter is, our invest- ditionally when you see a mouse exper- microphones, and we give these beau-
ments, our ability to build policy that iment, we are still a decade away from tiful speeches about how much we care.
gets us to solutions for diabetes—and the therapeutic. But this should be And then we look the other way when
diabetes is complicated, you know, stunningly hopeful. They functionally the actual things are going on in our
there are autoimmune issues, there are found a way to put in living cells that economy are actually making things
lifestyle issues, some are just some ge- associate as a pancreatic cell—and this worse.
netic issues. It is complicated. just comes from reading three or four And let me give my example. Part of
articles in some of the science jour- the thought experiment is to under-
b 1700 stand—do you see this multicolored
nals—that produced insulin in this
But understand just curing diabetes mouse experiment. layer? That is nuclear generation that
would be 30 percent of the Medicare Is this the beginning of a therapeutic is coming off-line. This is a 2017 slide.
costs we are projecting over the next 30 that is either a cure for part of the dia- If you could see the slide—which it is
years. It is a demonstration, when we betic population, or a substantial por- very colorful—you would notice it is
can get the incentives here correct, to tion of it, that also happens to have substantially taller than the yellow
push science for these little labs, for the economic benefit of dramatically side. The yellow side is photovoltaic.
these really smart universities that ac- changing the cost curve of healthcare, I am from Arizona. I love solar. It is
tually will break off something and go dramatically changing the cost curve wonderful. But I also realize nuclear
set up and raise capital and do these of Medicare and Medicaid and so many power provides this amazing baseload
high-risk experiments to produce dis- other things? that is really clean. And we have actu-
ruptions, cures, how important that is As we sit here and talk about every- ally been here and shown that.
actually to our society today but also thing from conversations around the There is a gentleman with a Nobel
into the future. Because if those little coronavirus to debt and deficits, under- Prize that wrote an article a few
biologic labs can produce a cure, can stand if the primary driver of our defi- months ago thinking that in about 10
SSpencer on DSKBBXCHB2PROD with HOUSE
produce new therapeutics, and change cits are functioning healthcare costs— years they will actually have a way to
this cost curve, they also change the and really it is actually our demo- break down nuclear waste with a type
projection of U.S. economics, U.S. debt. graphics; we have 74 million of us who of pulse laser. The physics on that are
I am trying to build an under- are baby boomers, and we are moving a little beyond me, but this is sort of
standing here. So think about what we into our benefit years—how do we build the point.
just did on the floor. We just moved policy around here that says this is po- So we get our policy wrong on trying
eight-billion-something dollars work- tentially a miracle? to keep our nuclear generation up and
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H1498 CONGRESSIONAL RECORD — HOUSE March 4, 2020
running, and then we run around giddy air capture where it is on top of a the community information you actu-
that we have had so much photovoltaic building and it is just pulling carbon ally need. And I will get to my punch-
hit the market, but you do realize what right out of the air, those sometimes line here where this makes sense.
the slide is telling you? We actually are very large capital expenditures. How do you know that the business
went backwards, because that differen- They need a longer time to amortize over here is a good camper, but the
tial had to be made up by other types out their costs. folks down the street are painting cars
of power generation. We fell backwards Well, it also turns out there are dis- in their backyard? Well, the fixed
because we didn’t find ways to keep ruptions in that technology. This is a tower never tells you that. If you actu-
this nuclear power in production. clip from an article back, oh, let’s say, ally have a crowdsourced model of col-
If we are going to talk about things, last October, and anyone that is track- lecting air quality samples, you know
I just desperately wish we would get ing this just basically grab your phone, the business is a good actor over here,
our math right. go to your search engine, and search but you have clowns over here break-
Another thing, this one is optimistic, ‘‘MIT ambient carbon capture.’’ They ing the law. Capture them.
and this one actually is touching on a actually even have a little video to It turns out if you built an air qual-
piece of legislation from Ways and show you how it works. ity crowdsourcing model in your com-
Means. It is a bipartisan number of Re- What the researchers say on this munity—the world we have today,
publicans and Democrats trying to technology is overnight they may have where you fill out lots of paperwork,
push an all-of-the-above-type of model. just cut the cost in half. Cut the cost then shove it in file cabinets, do the
For those of us in the desert southwest in half for functioning, just pulling car- papers and file cabinets actually make
in the afternoons we produce a lot of bon right out of the air, let alone on the air quality cleaner in your neigh-
photovoltaic power, solar power. And top of a smokestack. borhood? Of course not. It is a 1938 reg-
then the Sun goes down and we are So it turns out that the technology ulatory model. We document things,
still running our air conditioners. of carbon capture and then the abil- and then when someone screws up, we
We actually have incentives for solar, ity—if we could fix some of what we know who to sue.
for wind. Why wouldn’t you actually call that Q45, that tax credit that is al-
ready on the books, we are just trying b 1715
design something that is a little more
egalitarian in understanding the tech- to work out its timing—for seques- I will make you the argument that if
nology? And this charge is about bat- tering that carbon in concrete or using you could crowdsource air quality sam-
teries. And what is really amazing here it for enhanced oil recovery or—a cou- ples in your neighborhood, you don’t
is—see if I can bend over and read this ple researchers have been in our office need the businesses or the others who
line—battery prices have had an 85 per- and talked about—they can take that are licensed today to fill out paperwork
cent fall in price per density in the last pure carbon with a little bit of a chem- every quarter, every 6 months, every
decade. When you see that curve going ical treatment and turn it back into a year, because if they screw up, you cap-
down, those little black lines, that is clean burning hydrocarbon fuel. The ture them immediately.
actually the falling price of battery technology is here. Think about it. You could crash the
storage. How do you ever take a body like bureaucracy. You could crash filling
Well, if you are going to have in the this, where you have a lot of smart out paperwork to shove in file cabinets
tax code an incentive for wind genera- people, but we have lots of different and keep the air quality much, much
tion and solar generation, why specialties, and keep up to date with healthier because you capture when
wouldn’t you have it, also, for battery the fact that we live in a time of mir- there is a bad actor or when something
storage? Why wouldn’t you have it for acles? And if you are one of the people has gone wrong. And you capture it in-
a type of technology that we haven’t who truly cares about greenhouse stantly.
even thought of that some freaky gases, carbon in the atmosphere, then That community science, that citizen
smart person is working on in their you also have the obligation to keep science, that crowdsourcing is here. It
basement or their garage or in a fancy track of the disruption in technology turns out that lots of smart people
lab right now that they may be about because I will make you the argument, around the country are now producing
to bring out? if the underlying math in the article products that will let you do this.
So I am going to encourage Members behind this MIT carbon capture is true, I am ordering a couple different ones,
to think about that as we are working it is a miracle, they may have cut the but this is one version we pulled off the
on some of these packages, and it is costs of capturing in half. internet just the other day. What they
often referred to as extenders and those So another one, and this has just are trying to point to here is that this
issues. Why don’t we get this right and been a project of mine for almost 5 is how we do it today. We put up a sin-
incentivize those things that actually years here. I can walk through the con- gle tower. It costs a million dollars a
are the next disruption? Because for us cept, and I actually even have a year. The technology is great. It has
in the desert southwest, incentivizing YouTube video. I think if you search great sensitivity, but it doesn’t tell
that power storage actually creates the ‘‘Schweikert environmental you where the bad actor is.
mechanisms of photovoltaic and other crowdsourcing,’’ I have a 90-second In a crowdsource model, you in-
types of generation and smooths it out YouTube video trying to explain this stantly find out where the bad actor is.
so it actually works for us. So, please, concept. In my State, in my county, Maricopa
for anyone that is listening, let’s pay We all walk around with these super County Air Quality, instead of them
attention to that tax legislation. computers in our pockets. We call being collectors of paperwork, they
The other one I want to touch on is them a smartphone. What would hap- would have the data come in. They
another piece of legislation I am spon- pen in your community if you had a could see it on the heat map and imme-
soring and working on. couple thousand people in your com- diately know where to go take a look
A couple years ago, we passed some- munity that had these new little sen- to see if there is something wrong hap-
thing called Q45. No one knows what sors that have hit the market? They pening.
Q45 is, but it is actually really impor- are here, they are now. And you can be I am trying to make the argument—
tant. It was everything in the tax re- driving around, it could be your Uber do you remember what I was saying
form data spot. It is the concept of a driver, your Lyft driver, your UPS earlier?—that we have to grow the
tax credit for capturing carbon. And driver, the person driving the kids to economy rather vigorously to be able
then the other part of it for seques- soccer practice and every few minutes to have the resources to keep our
SSpencer on DSKBBXCHB2PROD with HOUSE
tering it or using it in other fashions. it is taking a sample as you go through promises. One of the things on that
Wonderful. the neighborhoods. You would actually list, besides a tax policy that works
We have a piece of legislation to take have crowdsourced environmental and an immigration policy, was a regu-
that and make it permanent because, data. Because today, what we do is we latory policy.
as we have learned, the capital expend- put up these towers, and those towers I have never been thrilled when peo-
itures for the technology to be on top cost about a million dollars a year just ple walk around and use the term: ‘‘Oh,
of a smokestack or even the ambient to maintain, but they lack so much of we are going to deregulate.’’ I beg of
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1499
you to think about ‘‘smart regula- model that we can have enough eco- COMMUNICATION FROM THE
tions.’’ nomic growth, enough tax revenues, CLERK OF THE HOUSE
This requires a dramatically smaller enough change in the price of what our The SPEAKER pro tempore laid be-
bureaucracy, dramatically less burden promises are that we end up having a fore the House the following commu-
on those who are creating productive pretty amazing future as a country. nication from the Clerk of the House of
capacity in our communities, yet it How do you ever get a body like this, Representatives:
would keep us healthier and would where you have lots of smart people, to OFFICE OF THE CLERK,
show us where the bad actors are. act when a lot of what we know is long HOUSE OF REPRESENTATIVES,
I beg of this body, think forward. We since out of date and when the math is Washington, DC, March 4, 2020.
keep designing pieces of legislation Hon. NANCY PELOSI,
really, really uncomfortable to deal
around here that might have been bril- Speaker, House of Representatives,
with and talk about? When you show Washington, DC.
liant if it was still the 1980s or early up in front of an audience at home and DEAR MADAM SPEAKER: Pursuant to the
1990s. How do we push the way we say, ‘‘You do understand the biggest permission granted in Clause 2(h) of Rule II
think of everything, from the environ- driver of debt is Medicare?’’ you will of the Rules of the U.S. House of Representa-
ment to environmental protection all get booed, hissed at. But you need to tives, the Clerk received the following mes-
the way down to creating the next gen- understand, if you don’t talk about it, sage from the Secretary of the Senate on
eration of pharmaceuticals that cure how do you save it? March 4, 2020, at 2:57 p.m.:
us? Remember, the Medicare trust fund, That the Senate passed S. 1869.
I truly believe we live in a time of That the Senate passed with an amend-
which is the part A, has only a few
miracles. I also believe that our inabil- ment H.R. 4334.
years left, and then it is gone. That the Senate passed without amend-
ity to be forward-thinking in this body
is one of the biggest problems we have We need to step up, both Democrats ment H.R. 5214.
in these sorts of technologies reaching and Republicans, and start telling the With best wishes, I am
our communities. truth about the math, maybe invest in Sincerely,
that crazy thing called a calculator CHERYL L. JOHNSON.
We always start with this slide, be-
cause, one more time: What is the and start to build a model of how we
disrupt the prices, how we grow the f
greatest fragility, long term, to this
country? I am going to argue it is debt, economy, how we create the velocity
but that debt is driven by our demo- that makes this work and provides CALL FOR REPRODUCTIVE
graphics. hope and opportunity. JUSTICE
Our birth rates have collapsed over My thesis is very, very simple: It is
The SPEAKER pro tempore. Under
the last couple of decades, particularly here. There is a way to do it. And the
the Speaker’s announced policy of Jan-
these last few years. There is a large biggest barrier to it happening is this
uary 3, 2019, the gentlewoman from
number of us who are baby boomers; we body here. We need to change the way
Massachusetts (Ms. PRESSLEY) is recog-
have our earned benefits coming to us. we look at the disruption of tech-
nized for 60 minutes as the designee of
If you look at the debt accumulation nology.
the majority leader.
that is about to happen, it is stunning. The last one I will give you is just Ms. PRESSLEY. Mr. Speaker, I
How do we build a path that makes it this simple example. I have come to thank my dear friend and sister in
so that we can keep our promises and the floor multiple times and sort of service, Representative TLAIB, for
still have a growing economy so that done a thought experiment: the tech- cohosting this special session with me
my 4-year-old daughter has the same nology of something that looks like a this evening to discuss the critical
opportunities I have had? large kazoo that you can blow into and issue of reproductive justice in our
My brothers and sisters on the left instantly tells you that you have the country.
will often come up with: ‘‘Well, we will flu, that instantly can bounce off your
tax rich people.’’ My brothers and sis- As chair of the Abortion Rights and
medical records on your phone, that
ters on the right will often say: ‘‘Well, Access Task Force in this first-ever
knows you are not allergic to a certain
we are going to find waste and fraud.’’ pro-choice majority Congress, I am
antiviral, and that orders your
You do realize that is mathematical proud to join my colleagues tonight as
antivirals.
lunacy? None of that works mathe- we stand up and push back against
Isn’t that wonderful? Think about these unprecedented, coordinated at-
matically. just the cost disruption that tech-
You have to grow the economy. You tacks on our collective reproductive
nology would have, particularly with rights and liberties.
have to have a disruption in healthcare what is going on right now.
prices. You have to have a disruption You see, Mr. Speaker, the stakes
It turns out that technology exists, could not be any higher. Since 2011,
of how you incentivize people to stay
yet the professor who was working on anti-choice politicians have pushed a
in the labor force.
it had incredible difficulties raising wave of nearly 450 restrictive laws
That is why we put up this slide, be-
capital, being able to get investors to through State legislatures and now all
cause we believe there are these five
move it forward. You know why? Be- the way to the U.S. Supreme Court.
pillars that if we get the economic
cause it is functionally illegal. It Over the last year alone, they have en-
growth; the labor force participation;
would save lots of money, but the algo- acted 25 bans across dozens of States,
the adoption of disruptive technology;
rithm for being allowed to write a pre- pushing comprehensive reproductive
the population stability of encouraging
scription is functionally illegal. It is il- healthcare, including abortion care,
family formation; and if you are going
legal under State licensing laws, the further and further out of reach.
to change the immigration system, you
Social Security Act, the way we reim- They are working overtime to peddle
actually incentivize more of a talent-
burse. harmful misconceptions and to legis-
based immigration system, because
you need the economic velocity. We need to become much more for- late abortion out of existence.
Now, a lot of this is really politically ward-thinking because it is the way we As a result, reproductive health fa-
uncomfortable. I mean, some of these save ourselves. If we stay the way we cilities have been forced to shut their
SSpencer on DSKBBXCHB2PROD with HOUSE
things, when you go talk about it, peo- are, we do nothing but bathe in debt doors, forcing individuals to travel
ple get really mad because they are not and stagnation. across State lines, shoulder additional
comfortable with it. But it is almost But there is a path. financial burdens, and jump through
the only way, at least in our little of- Mr. Speaker, I yield back the balance unnecessary and humiliating hoops
fice, that we have been able to build a of my time. just to access comprehensive care.
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H1500 CONGRESSIONAL RECORD — HOUSE March 4, 2020
Just this morning, I, along with sev- justice for women, those who can be- Jenni said: ‘‘Deciding to end my
eral of my House colleagues, marched come pregnant and families every- much-wanted pregnancy was difficult
to the Supreme Court to stand in soli- where who believe, as I do, that repro- and deeply sad, but also deeply per-
darity with the justice warriors who ductive rights are a human right. sonal. At no point during that process
are on the front lines, fighting for our This Special Order hour comes as the did I consider my legislators a part of
collective humanity because, today, Supreme Court, today, considers yet the conversation. I listened to my doc-
the Supreme Court begins deliberations another attack on our right as women tors, genetic counselors, my family,
on the constitutionality of a Louisiana and those who can become pregnant to and my heart.’’
State law that, if upheld by the Court, determine what we do with our own Women like Jenni should absolutely
would literally shut down every abor- bodies. Worse, it comes less than a have the right to listen to their doctors
tion clinic across the State except for month after Senate Majority Leader and their hearts when it comes to the
one. MCCONNELL’s thankfully failed attempt health of themselves, their unborn
To put this further into perspective, to pass, not one, but two, abortion children, and their bodies.
Mr. Speaker, this could leave just one bans. Had the GOP had their way, Jenni
doctor to provide abortion care for Never mind the 250-plus bills to re- would have spent the remainder of her
nearly 1 million individuals of repro- duce prescription drug costs, improve pregnancy term living in fear that at
ductive age across the entire State. access to the ballot box, and more that any moment her son would pass away
If Louisiana’s clinic shutdown law would make a real difference in the from this awful prognosis or the fear
takes effect, it will not only decimate lives of the American people that he that she would give birth and watch
abortion access in Louisiana, but it could have taken up; instead, he tried him suffer.
will further embolden State legisla- to control women’s bodies. As a mother of two boys myself, I
tures around the country to do the The obsession with telling women, cannot imagine what Jenni went
same. transgender folks, and nonbinary peo- through or her emotional trauma as
Additionally, this law is literally ple what to do with their own bodies she considered or made that very per-
identical to the Texas law struck down must end. The obsession with trying to sonal choice. If she had to carry her
by the Court just 3 years ago in the legislate what those who can become son or not is up to her.
Whole Woman’s Health case. pregnant can do and cannot do with She is just one story of many in
Since the Texas case, the facts cer- their own body must end. which a mother, through no fault of
tainly haven’t changed. The precedent I represent one of the most beautiful, her own, has had to make heart-
certainly hasn’t changed. The only most Black cities in the country, the breaking decisions about her preg-
thing that has changed is the makeup city of Detroit. The issue of reproduc- nancy.
of the Supreme Court, a court that is tive justice is one that is very much af- Sadly, nearly 99 percent of abortions
now filled with judges who want to fecting Black women and women of actually do occur before this deadline
strip us of our bodily autonomy. color and transgender people all around of 20 weeks into pregnancy, but they
Laws that restrict reproductive free- the world. decide to ignore that. They decide to
dom undermine the very nature of Of all female title X patients, for ex- make this a political issue, and it is
equality and disproportionately harm ample, 32 percent are Latinas, 21 per- not. It is a human issue, a women’s
the most vulnerable among us. cent are Black, and 4 percent are Asian issue.
Every person, every individual, re- American and Pacific Islander. For Jenni and the countless other
gardless of income, sexual orientation, For the 2 million transgender people mothers like her, this legislative body
or gender identity, deserves equitable in the United States, this funding must keep their hands off of women’s
access to comprehensive reproductive makes access to the hormone replace- bodies. It is so critically important to
healthcare, including queer, trans, and ment therapy and other transition-re- know, when we talk about this issue,
nonbinary individuals. As I often say, lated care that they need very much that it is an economic justice issue. It
people don’t live in checked boxes; we possible for their health. is a racial justice issue. It is inter-
live in nuance and intersectionality. How? With over 100 clinics across 17 connected to so much of what we fight
Abortion is healthcare. Reproductive States offering HRT, Planned Parent- for as women in this country, to have
justice is economic justice. Reproduc- hood is one of the largest transition ourselves be able to make very impor-
tive justice is racial justice. care providers in the country. This tant choices, not only about our jobs,
Mr. Speaker, the stakes are high. Our money, this funding that is often with no fear of discrimination, but also
fundamental human rights and lib- threatened by anti-abortion rights ad- about our health, which is so inter-
erties are not and should not be up for vocates is actually a critical source of connected to so many other social jus-
debate. healthcare for these women who al- tice issues that we face.
b 1730 ready face health disparities. So it is critically important that we
I am proud to stand here on the floor Indeed, title X providers are one of really try to push back against this
today to remind the courts that Roe v. the few places where women of color continued agenda that has been politi-
Wade is still the law of the land and can access reproductive and preventive cized and making the issue of choice
that the days of the Hyde amendment healthcare services. It is really critical and the issue of healthcare for women
are numbered and that we stand with in this institution, in this Chamber, something that they are vilifying and
our partners in community, the orga- that we ensure that those health dis- trying to use to a process.
nizers and resisters who are fighting parities are not exacerbated by a re- Mr. Speaker, I yield to the gentle-
day in and day out to ensure that every duction or revocation of that funding. woman from New York (Ms. OCASIO-
person has the right to self-determina- When we talk about 20-week abortion CORTEZ).
tion over their reproductive health. bans, the stories illustrating why ac- Ms. OCASIO-CORTEZ. Mr. Speaker, I
Mr. Speaker, I yield back the balance cess to them is so important are as thank my esteemed colleagues,
of my time. heartbreaking as they are harrowing. AYANNA PRESSLEY and RASHIDA TLAIB,
f
Take Jenni L. from my home State for hosting this week’s Special Order
of Michigan as a perfect example. At hour on an issue that is so critically
REPRODUCTIVE JUSTICE FOR her 18-week ultrasound, Jenni and her important to all people who want
WOMEN husband were given the devastating healthcare and need equitable access to
The SPEAKER pro tempore. Under news that their unborn son had severe reproductive healthcare and justice in
SSpencer on DSKBBXCHB2PROD with HOUSE
the Speaker’s announced policy of Jan- brain malfunction. For weeks after the United States.
uary 3, 2019, the gentlewoman from that appointment, she visited multiple Right now, we are facing a critical
Michigan (Ms. TLAIB) is recognized for specialists and genetic counselors who juncture in the fight for healthcare and
the remainder of the hour as the des- all gave her unborn son the same prog- reproductive healthcare in the United
ignee of the majority leader. nosis: He was unlikely to survive a full States. Louisiana lawmakers designed
Ms. TLAIB. Mr. Speaker, today’s term. So, at 21 weeks, Jenni termi- a law to push abortion out of reach. It
Special Order is a call for reproductive nated her pregnancy. compounds the financial barriers of
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1501
people struggling to make ends meet Ms. TLAIB. Mr. Speaker, I yield to Ms. TLAIB. Mr. Speaker, I yield to
that they already face when seeking the gentleman from Illinois (Mr. the gentleman from the great State of
care, including the decades-old Hyde GARCÍA). California (Mr. LOWENTHAL).
amendment that has long denied af- Mr. GARCÍA of Illinois. Mr. Speaker, Mr. LOWENTHAL. Mr. Speaker, I
fordable abortion care for low-income I am proud to participate in this con- would like to thank my colleagues,
people. versation about women’s rights and ac- Representatives TLAIB and PRESSLEY,
When I think about this issue and cess to healthcare services, especially for yielding and allowing me to speak.
when any of us think about this issue, reproductive healthcare services. As we all know, this morning the Su-
we bring our whole selves to the con- I want to thank Congresswoman preme Court heard the oral arguments
versation. When I think about the issue TLAIB and Congresswoman PRESSLEY in Medical Services v. Russo, a case
of reproductive healthcare, I bring so for their leadership on this matter. that challenges the unconstitutional
much of my experience working in hos- Mr. Speaker, I rise today in support abortion restrictions in Louisiana. The
pitality in restaurants. of women’s access to reproductive Louisiana law would require abortion
Working in restaurants is a front line healthcare. providers to obtain admitting privi-
for sexual harassment and sexual as- The Louisiana law now being argued leges at a hospital within 30 miles or
sault. Working as a waitress, many of at the Supreme Court today, in part, is else they must stop providing care.
my colleagues were sexually harassed part of an ongoing national effort to ef- Let’s be clear what this is about.
and sexually assaulted. fectively ban abortion without for- This restrictive law is meant to elimi-
There were days when many of them mally bringing up Roe v. Wade. Even if nate access to abortion care. In fact, if
did not have access to reproductive the right to abortion technically ex- this law were allowed to stand, all but
healthcare or even prenatal healthcare. ists, it won’t matter if access to places one of Louisiana’s abortion clinics
One woman I know was pregnant and to get abortion care are eliminated. would be shut down.
had no healthcare, and she had to show Republicans have pushed hundreds of
This should be a straightforward de-
up at free clinics for hours at a hos- restrictive laws throughout State leg-
cision for the Supreme Court. Three
pital waiting for a new doctor every islatures. If they truly cared about
years ago, the Court struck down an
time. women, my colleagues on the other
identical Texas law in Whole Woman’s
Another friend of mine that I had side of the aisle would have voted for
Health v. Hellerstedt.
worked with was in an abusive rela- equal pay and for the Violence Against Americans overwhelmingly support
tionship, and, as we all know, reporting Women Act, but they didn’t. abortion access. Nearly 80 percent of
rape is a very different issue than ac- Instead, in 2020, they are still ques-
Americans do not want to see Roe v.
cessing reproductive healthcare in tioning a woman’s constitutional right
Wade overturned. Polling consistently
time. to safe and legal abortion, which has
shows that there is not a single State
When we impose things like the Hyde been the law of the land for over 46
in the Union where residents want to
amendment, what we say is that, if you years. They want to turn back the
outlaw abortion. Not one.
are wealthy and have these conditions, clock and deny women the right to re-
Reproductive rights are central to in-
you can have access to reproductive productive healthcare, to make choices
dividual liberties. What we are talking
healthcare and an abortion, but, if you about their own bodies.
about are deeply personal decisions
are poor, you will not be afforded those For many in my community, this is a
that should remain up to the woman,
same issues. That is what the Hyde deeply personal matter. I took a strong
amendment is telling the American not be decided by politicians. These
stance on reproductive rights before
people and all people who are capable rights enable women to decide if or if
the issue was widely discussed and ac-
of being pregnant or know a person or not and how they should start to grow
ceptable in my own community, but,
are part of a family of someone who is their family. This right should be an
for me, it has always been impossible
pregnant. absolute right and solely up to women
to separate the issues of economic jus-
It is incredibly important that we ad- to make their own decisions about
tice and reproductive freedom.
vance and uphold issues of economic The ability to control if, when, and their health and their future, and we
and racial justice for all people, regard- how to have children is at the core of should respect them for making that
less of their income and regardless of women’s ability to provide a decent decision.
who they are. standard of living for themselves and Reproductive rights also allow
Right now, choice is the law of the their families. women to control their economic secu-
land. That law should be extended to But let me be clear: While abortion rity and make the best choices for
all people, and there is no reason— access is critical, women of color and themselves and their families. It is not
none—that a Democratic majority other marginalized women also often our place—any of us—to decide wheth-
should uphold the Hyde amendment in have difficulty accessing contracep- er a woman should or should not get an
the United States. We have to make tion, comprehensive sex education, sex- abortion.
sure that all people have access to re- ually transmitted infection prevention Abortion remains one of the safest
productive justice and reproductive and care, adequate prenatal and preg- outpatient medical procedures. How-
healthcare. nancy care, and so much more. In ever, placing the burden of admitting
Last, but not least, these decisions— short, one’s socioeconomic and immi- privileges on abortion providers threat-
oftentimes heart-wrenching—are not gration status, ZIP Code, et cetera, ens the safety of these procedures.
decisions to be made between a con- should not determine access to repro- Nearly every professional medical asso-
stituent and a legislator. It is a deci- ductive help. ciation has said having admitting pro-
sion to be made between a person and Abortion access is a critical step to- cedures will not make women safer.
their doctor. ward achieving true reproductive jus- But let’s be honest. We know there is
Nobody’s healthcare should be up to tice for the communities I represent. If no medical reason for these out-
a senator or their State representative the Supreme Court decides to strip rageously restrictive laws. There are
to determine, no less, when so many of women of their practical access to only political reasons behind these
these bodies are not representative and abortion services, as they are now con- moves. Admitting privileges, as we
do not contain in them people who can sidering, they will effectively reverse know, are often difficult for abortion
become pregnant. Roe v. Wade and outright deny women providers to obtain, solely because of
People do not understand, so many of the ability to determine their own the ideological opposition to abortion.
the people writing these laws do not Therefore, it is imperative that we
SSpencer on DSKBBXCHB2PROD with HOUSE
health, family, and future.
understand the scope and the breadth protect individual liberties and that we
that economic and reproductive justice b 1745 protect reproductive rights and repro-
entails; and, to that, we have to make This is an assault on women, an as- ductive education in order to build
sure that we eliminate the Hyde sault on freedom, and an assault on healthy communities.
amendment and allow all people to self-determination. Women alone Ms. TLAIB. Mr. Speaker, I thank
have access to the reproductive justice should have the right to choose what is Representative PRESSLEY for her in-
and healthcare that they need. best for them. credible leadership on this important
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H1502 CONGRESSIONAL RECORD — HOUSE March 4, 2020
issue across the world and not just here Women deserve to have their voices ment’s final rule — Airworthiness Direc-
in the United States. heard. They deserve a seat at the table. tives; Airbus SAS Airplanes [Docket No.:
Also, this has been a wonderful expe- So this Sunday for International Wom- FAA-2019-0673; Product Identifier 2019-NM-
101-AD; Amendment 39-19832; AD 2020-02-20]
rience for all of us new Members to ex- en’s Day let’s finally commit to stop- (RIN: 2120-AA64) received February 28, 2020,
perience a Special Order that has been ping violence against women in poli- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law
coordinated and created by the Con- tics. 104-121, Sec. 251; (110 Stat. 868); to the Com-
gressional Progressive Caucus to help Mr. Speaker, I yield back the balance mittee on Transportation and Infrastruc-
many of us be able to give a voice to of my time. ture.
many folks at home. 4012. A letter from the Management and
f Program Analyst, FAA, Department of
Mr. Speaker, I yield to the gentle-
woman from Massachusetts (Ms. SENATE BILL REFERRED Transportation, transmitting the Depart-
ment’s final rule — Airworthiness Direc-
PRESSLEY) for closing remarks. A bill of the Senate of the following tives; The Boeing Company Airplanes [Dock-
Ms. PRESSLEY. Again, I thank Rep- title was taken from the Speaker’s et No.: FAA-2020-0098; Product Identifier
resentative TLAIB for cohosting the table and, under the rule, referred as 2020-NM-011-AD; Amendment 39-19844; AD
Special Order hour. This is a joint Spe- follows: 2020-03-20] (RIN: 2120-AA64) received Feb-
cial Order hour in partnership with the ruary 28, 2020, pursuant to 5 U.S.C.
S. 1869. An act to require the disclosure of
Congressional Progressive Caucus and ownership of high-security space leased to
801(a)(1)(A); Public Law 104-121, Sec. 251; (110
also the Pro-Choice Caucus. It is excit- Stat. 868); to the Committee on Transpor-
accommodate a Federal agency, and for
ing that we are the first pro-choice ma- tation and Infrastructure.
other purposes; to the Committee on Trans- 4013. A letter from the Management and
jority Congress in the history of Con- portation and Infrastructure. Program Analyst, FAA, Department of
gress. f Transportation, transmitting the Depart-
As heartened as I am by those who ment’s final rule — Airworthiness Direc-
come here to speak, support, to affirm ADJOURNMENT tives; The Boeing Company Airplanes [Dock-
our reproductive rights and freedoms, Ms. TLAIB. Mr. Speaker, I move that et No.: FAA-2019-0399; Product Identifier
it is shameful that our reproductive 2018-NM-149-AD; Amendment 39-19823; AD
the House do now adjourn.
rights are even up for debate. It is 2020. 2020-03-10] (RIN: 2120-AA64) received Feb-
The motion was agreed to; accord- ruary 28, 2020, pursuant to 5 U.S.C.
Support for abortion access is at an all- ingly (at 5 o’clock and 55 minutes 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
time high. In fact, nearly 80 percent of p.m.), the House adjourned until to- Stat. 868); to the Committee on Transpor-
Americans do not want to see Roe v. morrow, Thursday, March 5, 2020, at 9 tation and Infrastructure.
Wade overturned. There is not a single a.m. 4014. A letter from the Management and
State in the Nation where making Program Analyst, FAA, Department of
abortion illegal is popular. But here we f Transportation, transmitting the Depart-
find ourselves having to fight back ment’s final rule — Airworthiness Direc-
EXECUTIVE COMMUNICATIONS,
against these insidious efforts to un- tives; Textron Aviation Inc. (Type Certifi-
ETC. cate Previously Held by Cessna Aircraft
dermine our reproductive rights and
Under clause 2 of rule XIV, executive Company) [Docket No.: FAA-2020-0156; Prod-
freedoms, and we just keep pushing. uct Identifier 2019-CE-053-AD; Amendment
Just last month the House passed communications were taken from the
Speaker’s table and referred as follows: 39-21029; AD 2020-03-16] (RIN: 2120-AA64) re-
legislation to move us one step closer ceived February 28, 2020, pursuant to 5 U.S.C.
to ratifying the ERA. So we will just 4006. A letter from the Acting Director, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
International Cooperation, Department of
keep speaking out, organizing, and mo- Stat. 868); to the Committee on Transpor-
State, transmitting Transmittal No. 04-20, tation and Infrastructure.
bilizing when it comes to equality and pursuant to Sec. 27(f) of the Arms Export
justice on all fronts. I am glad to see so 4015. A letter from the Management and
Control Act and Executive Order 13637; to the Program Analyst, FAA, Department of
many of our colleagues here tonight Committee on Foreign Affairs. Transportation, transmitting the Depart-
pushing back against these draconian 4007. A letter from the Assistant Secretary, ment’s final rule — Airworthiness Direc-
efforts that want to take us backwards. Bureau of Legislative Affairs, Department of tives; Pratt & Whitney Turbofan Engines
We won’t stand for it—not now, not State, transmitting a report on data mining [Docket No.: FAA-2019-0596; Project Identi-
ever. activity in the Department of State for cal- fier 2019-NE-22-AD; Amendment 39-21101; AD
Ms. TLAIB. Mr. Speaker, I thank my endar year 2019, pursuant to 42 U.S.C. 2000ee- 2020-04-01] (RIN: 2120-AA64) received Feb-
3(c)(1); Public Law 110-53, Sec. 804(c)(1); (121 ruary 28, 2020, pursuant to 5 U.S.C.
good colleague from Massachusetts for Stat. 363); to the Committee on Foreign Af-
her incredible, much-needed voice here 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
fairs. Stat. 868); to the Committee on Transpor-
in this Chamber. 4008. A letter from the Assistant Legal Ad- tation and Infrastructure.
As we all know, this Sunday is Inter- viser, Office of Treaty Affairs, Department of 4016. A letter from the Management and
national Women’s Day. So let’s cele- State, transmitting agreements concluded Program Analyst, FAA, Department of
brate all the women all over the world pursuant to the Taiwan Relations Act, 22 Transportation, transmitting the Depart-
who stand up for what they believe in, U.S.C. Sec. 3301, et seq, pursuant to 5 U.S.C. ment’s final rule — Standard Instrument Ap-
who speak truth to power, and who 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 proach Procedures, and Takeoff Minimums
Stat. 868); to the Committee on Foreign Af- and Obstacle Departure Procedures; Mis-
fight for their communities as activ-
fairs. cellaneous Amendments [Docket No.: 31297;
ists, voters, candidates, and elected of- 4009. A letter from the Assistant Secretary, Amdt. No.: 3892] received February 28, 2020,
ficials. Bureau of Legislative Affairs, Department of pursuant to 5 U.S.C. 801(a)(1)(A); Public Law
This International Women’s Day I State, transmitting a Presidential report to 104-121, Sec. 251; (110 Stat. 868); to the Com-
want to uplift an issue that is personal Congress on the Treaty Between the Govern- mittee on Transportation and Infrastruc-
to me and so many of my sisters in ment of the United States of America and ture.
service. Violence against women in pol- the Government of Australia Concerning De- 4017. A letter from the Management and
itics is a global problem. Research fense Trade Cooperation (Treaty Doc. 110-10), Program Analyst, FAA, Department of
shows that women around the world Section 2(8); to the Committee on Foreign Transportation, transmitting the Depart-
Affairs. ment’s final rule — Standard Instrument Ap-
are subjected to physical, sexual, eco- 4010. A letter from the Attorney Adviser, proach Procedures, and Takeoff Minimums
nomic, and psychological violence for Office of Chief Counsel, Federal Railroad Ad- and Obstacle Departure Procedures; Mis-
choosing to participate in politics. ministration, Department of Transportation, cellaneous Amendments [Docket No.: 31296;
When I say around the world, I also transmitting the Department’s final rule — Amdt. No.: 3891] received February 28, 2020,
mean here in the United States. System Safety Program and Risk Reduction pursuant to 5 U.S.C. 801(a)(1)(A); Public Law
As one of the first Muslim women in Program [Docket No.: FRA-2011-0060, Notice 104-121, Sec. 251; (110 Stat. 868); to the Com-
SSpencer on DSKBBXCHB2PROD with HOUSE
Congress, my family and I face con- No.: 12 and FRA-2009-0038, Notice No.: 8] mittee on Transportation and Infrastruc-
stant death threats and harassment. (RIN: 2130-AC73) received March 2, 2020, pur- ture.
suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- 4018. A letter from the Management and
But this will not stop me from fighting
121, Sec. 251; (110 Stat. 868); to the Committee Program Analyst, FAA, Department of
and being a voice for 13 District on Transportation and Infrastructure. Transportation, transmitting the Depart-
Strong. But let’s be clear. Harassment, 4011. A letter from the Management and ment’s final rule — Amendment of the Class
abuse, and assault are not the cost of Program Analyst, FAA, Department of E Airspace; Bowling Green and Somerset, KY
doing politics. Transportation, transmitting the Depart- [Docket No.: FAA-2019-0834; Airspace Docket
VerDate Sep 11 2014 01:58 Mar 05, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.054 H04MRPT1
March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1503
No.: 19-ASO-22] (RIN: 2120-AA66) received D and Class E Airspace, Establishment of ruary 28, 2020, pursuant to 5 U.S.C.
February 28, 2020, pursuant to 5 U.S.C. Class E Airspace, and Revocation of Class E 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Airspace; Louisville, KY [Docket No.: FAA- Stat. 868); to the Committee on Transpor-
Stat. 868); to the Committee on Transpor- 2019-0109; Airspace Docket No.: 19-ASO-2] tation and Infrastructure.
tation and Infrastructure. (RIN: 2120-AA66) received February 28, 2020, 4034. A letter from the Management and
4019. A letter from the Management and pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Program Analyst, FAA, Department of
Program Analyst, FAA, Department of 104-121, Sec. 251; (110 Stat. 868); to the Com- Transportation, transmitting the Depart-
Transportation, transmitting the Depart- mittee on Transportation and Infrastruc- ment’s final rule — Airworthiness Direc-
ment’s final rule — Establishment of Class E ture. tives; The Boeing Company Airplanes [Dock-
Airspace; Alpine, WY [Docket No.: FAA-2019- 4027. A letter from the Management and et No.: FAA-2016-9073; Product Identifier
0811; Airspace Docket No.: 17-ANM-36] (RIN: Program Analyst, FAA, Department of 2015-NM-062-AD; Amendment 39-19836; AD
2120-AA66) received February 28, 2020, pursu- Transportation, transmitting the Depart- 2020-03-11] (RIN: 2120-AA64) received Feb-
ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- ment’s final rule — Amendment of Class E ruary 28, 2020, pursuant to 5 U.S.C.
121, Sec. 251; (110 Stat. 868); to the Committee Airspace; Neillsville, WI [Docket No.: FAA- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110
on Transportation and Infrastructure. 2019-0767; Airspace Docket No.: 19-AGL-26] Stat. 868); to the Committee on Transpor-
4020. A letter from the Management and (RIN: 2120-AA66) received February 28, 2020, tation and Infrastructure.
Program Analyst, FAA, Department of pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 4035. A letter from the Management and
Transportation, transmitting the Depart- 104-121, Sec. 251; (110 Stat. 868); to the Com- Program Analyst, FAA, Department of
ment’s final rule — Amendment of Class D mittee on Transportation and Infrastruc- Transportation, transmitting the Depart-
and Class E Airspace; Concord, CA [Docket ture. ment’s final rule — Airworthiness Direc-
No.: FAA-2019-0678; Airspace Docket No.: 18- 4028. A letter from the Management and tives; Dassault Aviation Airplanes [Docket
AWP-27] (RIN: 2120-AA66) received February Program Analyst, FAA, Department of No.: FAA-2019-0700; Product Identifier 2019-
28, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Transportation, transmitting the Depart- NM-105-AD; Amendment 39-19833; AD 2020-02-
Public Law 104-121, Sec. 251; (110 Stat. 868); to ment’s final rule — Standard Instrument Ap- 21] (RIN: 2120-AA64) received February 28,
the Committee on Transportation and Infra- proach Procedures, and Takeoff Minimums 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public
structure. and Obstacle Departure Procedures; Mis- Law 104-121, Sec. 251; (110 Stat. 868); to the
4021. A letter from the Management and cellaneous Amendments [Docket No.: 31295; Committee on Transportation and Infra-
Program Analyst, FAA, Department of Amdt. No.: 3890] received February 28, 2020, structure.
Transportation, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 4036. A letter from the United States Trade
ment’s final rule — Amendment of Class E 104-121, Sec. 251; (110 Stat. 868); to the Com- Representative, Executive Office of the
Airspace; Shawnee, OK [Docket No.: FAA- mittee on Transportation and Infrastruc- President, transmitting the Office’s 2020
2019-0908; Airspace Docket No.: 19-ASW-14] ture. Trade Policy Agenda and the 2019 Annual Re-
(RIN: 2120-AA66) received February 28, 2020, 4029. A letter from the Management and port, pursuant to 19 U.S.C. 2213(c); Public
pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Program Analyst, FAA, Department of Law 93-618, Sec. 163(c) (as amended by Public
104-121, Sec. 251; (110 Stat. 868); to the Com- Transportation, transmitting the Depart- Law 100-418, Sec. 1641); (102 Stat. 1271) and 19
mittee on Transportation and Infrastruc- ment’s final rule — Standard Instrument Ap- U.S.C. 2213(a); Public Law 93-618, Sec. 163(a)
ture. proach Procedures, and Takeoff Minimums (as amended by Public Law 100-418, Sec.
4022. A letter from the Management and and Obstacle Departure Procedures; Mis- 1641); (102 Stat. 1271); to the Committee on
Program Analyst, FAA, Department of cellaneous Amendments [Docket No.: 31294; Ways and Means.
Transportation, transmitting the Depart- Amdt. No.: 3889] received February 28, 2020,
ment’s final rule — Amendment of VOR Fed- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law f
eral Airway V-7 in the Vicinity of She- 104-121, Sec. 251; (110 Stat. 868); to the Com-
boygan, WI [Docket No.: FAA-2019-0686; Air-
PUBLIC BILLS AND RESOLUTIONS
mittee on Transportation and Infrastruc-
space Docket No.: 18-AGL-21] (RIN: 2120- ture. Under clause 2 of rule XII, public
AA66) received February 28, 2020, pursuant to 4030. A letter from the Management and bills and resolutions of the following
5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Program Analyst, FAA, Department of titles were introduced and severally re-
251; (110 Stat. 868); to the Committee on Transportation, transmitting the Depart-
ferred, as follows:
Transportation and Infrastructure. ment’s final rule — Airworthiness Direc-
4023. A letter from the Management and tives; Bombardier, Inc. Airplanes [Docket By Mr. GARAMENDI (for himself and
Program Analyst, FAA, Department of No.: FAA-2019-0714; Product Identifier 2019- Mr. THOMPSON of California):
Transportation, transmitting the Depart- NM-103-AD; Amendment 39-21021; AD 2019-26- H.R. 6071. A bill to amend the Robert T.
ment’s final rule — Amendment of Air Traf- 10] (RIN: 2120-AA64) received February 28, Stafford Disaster Relief and Emergency As-
fic Service (ATS) Routes V-82, V-217, and T- 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public sistance Act to modify the Federal share re-
383 in the Vicinity of Baudette, MN [Docket Law 104-121, Sec. 251; (110 Stat. 868); to the quirement and establish a period of perform-
No.: FAA-2019-0729; Airspace Docket No.: 19- Committee on Transportation and Infra- ance requirement for the hazard mitigation
AGL-12] (RIN: 2120-AA66) received February structure. grant program, to amend the Post-Katrina
28, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); 4031. A letter from the Management and Emergency Management Reform Act of 2006
Public Law 104-121, Sec. 251; (110 Stat. 868); to Program Analyst, FAA, Department of to modify the Federal share requirement of
the Committee on Transportation and Infra- Transportation, transmitting the Depart- emergency management performance grants,
structure. ment’s final rule — Airworthiness Direc- and for other purposes; to the Committee on
4024. A letter from the Management and tives; Airbus SAS Airplanes [Docket No.: Transportation and Infrastructure.
Program Analyst, FAA, Department of FAA-2019-0864; Product Identifier 2019-NM- By Mr. CRIST (for himself and Mr.
Transportation, transmitting the Depart- 140-AD; Amendment 39-19834; AD 2020-02-22] PALAZZO):
ment’s final rule — Amendment of VHF (RIN: 2120-AA64) received February 28, 2020, H.R. 6072. A bill to amend title 10, United
Omnidirectional Range (VOR) Federal Air- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law States Code, to include the Coast Guard in
way V-71 and Area Navigation Route T-285 104-121, Sec. 251; (110 Stat. 868); to the Com- the Department of Defense Military Retire-
Due to the Decommissioning of the Winner, mittee on Transportation and Infrastruc- ment Fund, and for other purposes; to the
SD, VOR [Docket No.: FAA-2019-0799; Air- ture. Committee on Armed Services.
space Docket No.: 19-AGL-13] (RIN: 2120- 4032. A letter from the Management and By Mr. BANKS (for himself and Mr.
AA66) received February 28, 2020, pursuant to Program Analyst, FAA, Department of ROSE of New York):
5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Transportation, transmitting the Depart- H.R. 6073. A bill to amend title 38, United
251; (110 Stat. 868); to the Committee on ment’s final rule — Airworthiness Direc- States Code, to ensure that the Secretary of
Transportation and Infrastructure. tives; Gulfstream Aerospace Corporation Veterans Affairs repays members of the
4025. A letter from the Management and Airplanes [Docket No.: FAA-2020-0116; Prod- Armed Forces for certain contributions made
Program Analyst, FAA, Department of uct Identifier 2019-CE-060-AD; Amendment by such members towards Post-9/11 Edu-
Transportation, transmitting the Depart- 39-21026; AD 2020-02-18] (RIN: 2120-AA64) re- cational Assistance; to the Committee on
ment’s final rule — Revocation and Amend- ceived February 28, 2020, pursuant to 5 U.S.C. Veterans’ Affairs.
ment of the Class E Airspace; Mansfield, LA 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 By Mrs. LOWEY:
[Docket No.: FAA-2019-0833; Airspace Docket Stat. 868); to the Committee on Transpor- H.R. 6074. A bill making emergency supple-
No.: 19-ASW-13] (RIN: 2120-AA66) received tation and Infrastructure. mental appropriations for the fiscal year
SSpencer on DSKBBXCHB2PROD with HOUSE
February 28, 2020, pursuant to 5 U.S.C. 4033. A letter from the Management and ending September 30, 2020, and for other pur-
801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Program Analyst, FAA, Department of poses; to the Committee on Appropriations,
Stat. 868); to the Committee on Transpor- Transportation, transmitting the Depart- and in addition to the Committee on the
tation and Infrastructure. ment’s final rule — Airworthiness Direc- Budget, for a period to be subsequently de-
4026. A letter from the Management and tives; The Boeing Company Airplanes [Dock- termined by the Speaker, in each case for
Program Analyst, FAA, Department of et No.: FAA-2019-0670; Product Identifier consideration of such provisions as fall with-
Transportation, transmitting the Depart- 2019-NM-104-AD; Amendment 39-19830; AD in the jurisdiction of the committee con-
ment’s final rule — Amendment of the Class 2020-02-16] (RIN: 2120-AA64) received Feb- cerned, considered and passed.
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H1504 CONGRESSIONAL RECORD — HOUSE March 4, 2020
By Mrs. NAPOLITANO (for herself, Ms. By Ms. BONAMICI (for herself, Mr. CONSTITUTIONAL AUTHORITY
ESCOBAR, Mr. GRIJALVA, Mr. VELA, YOUNG, Mr. DEUTCH, Mr. MCKINLEY, STATEMENT
and Mr. VARGAS): and Ms. JOHNSON of Texas):
H.R. 6075. A bill to expand and improve ac- H.R. 6084. A bill to provide for a program of Pursuant to clause 7 of rule XII of
cess to trauma-informed mental health hydropower, pumped storage, and marine en- the Rules of the House of Representa-
interventions for newly arriving immigrants ergy research, development, demonstration, tives, the following statements are sub-
at the border, to alleviate the stress of and and commercial application, and for other mitted regarding the specific powers
provide education for border agents, and for purposes; to the Committee on Science, granted to Congress in the Constitu-
other purposes; to the Committee on the Ju- Space, and Technology. tion to enact the accompanying bill or
diciary, and in addition to the Committee on By Mr. CONNOLLY (for himself and
Homeland Security, for a period to be subse-
joint resolution.
Mr. BOST):
quently determined by the Speaker, in each H.R. 6085. A bill to amend title 39, United By Mr. GARAMENDI:
case for consideration of such provisions as States Code, to modify procedures for nego- H.R. 6071.
fall within the jurisdiction of the committee Congress has the power to enact this legis-
tiating pay and benefits of supervisory and
concerned. lation pursuant to the following:
other managerial personnel of the United
By Mr. DEFAZIO (for himself, Ms. Article I, Section 8, Clauses 1, 3, and 18 of
States Postal Service, and for other pur-
SCHAKOWSKY, and Ms. NORTON): the U.S. Constitution
poses; to the Committee on Oversight and
H.R. 6076. A bill to provide for increased By Mr. CRIST:
Reform.
audits, improved technology infrastructure, H.R. 6072.
By Mr. HUIZENGA: Congress has the power to enact this legis-
and increased staff for the Internal Revenue H.R. 6086. A bill to hold China, Russia, and
Service for the purpose of reducing the tax lation pursuant to the following:
other major shareholders of the Inter- The constitutional authority of Congress
gap, and for other purposes; to the Com- national Monetary Fund accountable to the
mittee on Appropriations. to enact this legislation is provided by Arti-
principles of the Fund, and for other pur- cle I, Section 8 of the United States Con-
By Mrs. HARTZLER: poses; to the Committee on Financial Serv-
H.R. 6077. A bill to ensure that women stitution.
ices. By Mr. BANKS:
seeking an abortion are notified, before giv- By Mr. LIPINSKI:
ing informed consent to receive an abortion, H.R. 6073.
H.R. 6087. A bill to amend the Higher Edu- Congress has the power to enact this legis-
of the medical risks associated with the cation Act of 1965 to create a reduction lation pursuant to the following:
abortion procedure and the major develop- schedule for public service loan forgiveness, The constitutional authority of Congress
mental characteristics of the unborn child; and for other purposes; to the Committee on to enact this legislation is provided by Arti-
to the Committee on Energy and Commerce. Education and Labor. cle I, section 8 of the United States Constitu-
By Mr. BURCHETT (for himself and By Mr. LYNCH (for himself, Mr. tion, specifically clause 18 (relating to the
Mr. KIM): DESAULNIER, Mr. WELCH, and Mr.
H.R. 6078. A bill to amend the Small Busi- power to make all laws necessary and proper
COOPER): for carrying out the powers vested in Con-
ness Act to increase transparency and to en-
H.R. 6088. A bill to amend the Federal Elec- gress).
hance the use of microloans in rural areas,
tion Campaign Act of 1971 to prohibit the By Mrs. LOWEY:
and for other purposes; to the Committee on
distribution of materially deceptive audio or H.R. 6074.
Small Business.
visual media prior to an election for Federal Congress has the power to enact this legis-
By Mr. KIM (for himself and Mr.
office, and for other purposes; to the Com- lation pursuant to the following:
BURCHETT):
mittee on House Administration. The principal constitutional authority for
H.R. 6079. A bill to amend the Small Busi-
By Mr. PANETTA (for himself, Mr. this legislation is clause 7 of section 9 of ar-
ness Act to optimize the operations of the
HUDSON, Mr. CROW, and Mr. BROWN of ticle I of the Constitution of the United
microloan program, lower costs for small
Maryland): States (the appropriation power), which
business concerns and intermediary partici-
H.R. 6089. A bill to limit the use of funds to states:
pants in the program, and for other purposes;
be used to reduce the total number of United ‘‘No Money shall be drawn from the Treas-
to the Committee on Small Business.
States Armed Forces deployed to the United ury, but in Consequence of Appropriations
By Mr. PETERS (for himself, Mr.
States Africa Command area of responsi- made by Law . . . .’’
ENGEL, Ms. ESHOO, Mr. GUTHRIE, Mr.
bility; to the Committee on Armed Services. In addition, clause 1 of section 8 of article
SCHRADER, Mr. MCCAUL, Mr. HUDSON,
By Mr. RUIZ (for himself, Mr. I of the Constitution (the spending power)
and Mr. BILIRAKIS):
BUCSHON, Ms. SEWELL of Alabama, provides:
H.R. 6080. A bill to amend the Federal
and Mr. WENSTRUP): ‘‘The Congress shall have the Power . . . to
Food, Drug, and Cosmetic Act to reduce drug
H.R. 6090. A bill to provide for a new build- pay the Debts and provide for the common
shortages and for other purposes; to the
ing period with respect to the cap on full- Defence and general Welfare of the United
Committee on Energy and Commerce.
time equivalent residents for purposes of States . . .’’
By Mr. HILL of Arkansas (for himself Together, these specific constitutional pro-
and Mr. LAWSON of Florida): payment for graduate medical education
costs under the Medicare program for certain visions establish the congressional power of
H.R. 6081. A bill to require the President to
hospitals that have established a shortage the purse, granting Congress the authority
report on financial institutions’ involvement
specialty program; to the Committee on to appropriate funds, to determine their pur-
with officials of the Iranian Government,
Ways and Means, and in addition to the Com- pose, amount, and period of availability, and
and for other purposes; to the Committee on
mittee on Energy and Commerce, for a pe- to set forth terms and conditions governing
Financial Services.
riod to be subsequently determined by the their use.
By Mr. COX of California (for himself,
Speaker, in each case for consideration of By Mrs. NAPOLITANO:
Mr. BAIRD, Mr. ROY, Mr. MAST, Mr.
such provisions as fall within the jurisdic- H.R. 6075.
ROSE of New York, and Mr. PHILLIPS): Congress has the power to enact this legis-
H.R. 6082. A bill to amend title 38, United tion of the committee concerned.
By Mr. WITTMAN: lation pursuant to the following:
States Code, to revise the definition of Article 1, Section 8, clause 1 to provide for
‘‘Vietnam era’’ for purposes of the laws ad- H.R. 6091. A bill to amend the Internal Rev-
the general Welfare of the United States
ministered by the Secretary of Veterans Af- enue Code of 1986 to exclude from gross in-
By Mr. DEFAZIO:
fairs; to the Committee on Veterans’ Affairs. come certain combat zone compensation of
H.R. 6076.
By Mr. YOHO (for himself, Mr. THOMP- civilian employees of the United States; to
Congress has the power to enact this legis-
SON of Pennsylvania, Mr. DUNN, Mr. the Committee on Ways and Means.
lation pursuant to the following:
ROUZER, Mr. BARR, Mr. BUDD, Mrs. By Ms. KUSTER of New Hampshire (for Article I, Section 8, Clause 18 (relating to
HARTZLER, Mr. MCCAUL, Mr. CASE, herself, Mrs. HARTZLER, Ms. BASS, the power to make all laws necessary and
Mr. KELLY of Pennsylvania, and Mr. and Mr. BACON): proper for carrying out the powers vested in
NORMAN): H. Con. Res. 95. Concurrent resolution ex- Congress)
H.R. 6083. A bill to create a nonimmigrant pressing the sense of the Congress that State By Mrs. HARTZLER:
H-2C work visa program for agricultural agencies and other providers of foster care H.R. 6077.
workers, to make mandatory and permanent services should make every effort to ensure Congress has the power to enact this legis-
requirements relating to use of an electronic siblings remain together in the foster sys- lation pursuant to the following:
employment eligibility verification system, tem; to the Committee on Education and
SSpencer on DSKBBXCHB2PROD with HOUSE
Article I, Section 8, Clause 18
and for other purposes; to the Committee on Labor. By Mr. BURCHETT:
the Judiciary, and in addition to the Com- By Ms. DEAN (for herself and Mr. H.R. 6078.
mittees on Education and Labor, Ways and THOMPSON of Pennsylvania): Congress has the power to enact this legis-
Means, and Energy and Commerce, for a pe- H. Res. 885. A resolution expressing support lation pursuant to the following:
riod to be subsequently determined by the for the designation of March 4, 2020, as ‘‘Na- Article IV,
Speaker, in each case for consideration of tional Assistive Technology Awareness Section 3, Clause 2. The Congress shall
such provisions as fall within the jurisdic- Day’’; to the Committee on Education and have Power to dispose of and make all need-
tion of the committee concerned. Labor. ful Rules and Regulations respecting the
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March 4, 2020 CONGRESSIONAL RECORD — HOUSE H1505
Territory or other Property belonging to the Article I, Section 6 of the Constitution of H.R. 3219: Mr. BUTTERFIELD, Mr. NEGUSE,
United States; and nothing in this Constitu- the United States Mrs. LURIA, and Mr. LEVIN of Michigan.
tion shall be so construed as to Prejudice H.R. 3244: Ms. STEFANIK.
f
any Claims of the United States, or of any H.R. 3250: Ms. UNDERWOOD.
particular State. ADDITIONAL SPONSORS H.R. 3369: Mr. COOPER.
By Mr. KIM: H.R. 3414: Mr. THOMPSON of Mississippi.
H.R. 6079. Under clause 7 of rule XII, sponsors H.R. 3467: Mr. KIND.
Congress has the power to enact this legis- were added to public bills and resolu- H.R. 3489: Mr. DESAULNIER.
lation pursuant to the following: tions, as follows: H.R. 3597: Ms. ESCOBAR.
The constitutional authority of Congress H.R. 77: Mr. ROY. H.R. 3623: Ms. ESCOBAR.
to enact the legislation is provided by Arti- H.R. 96: Mr. CICILLINE. H.R. 3689: Mrs. NAPOLITANO.
cle I, section 8 of the United States Constitu- H.R. 141: Mr. BROWN of Maryland. H.R. 3742: Mrs. MURPHY of Florida and Mr.
tion H.R. 372: Mr. ZELDIN. CARSON of Indiana.
By Mr. PETERS: H.R. 444: Mr. COURTNEY, Mr. FITZPATRICK, H.R. 3842: Ms. STEFANIK, Mr. JOYCE of Ohio,
H.R. 6080. Ms. WILD, Ms. MOORE, and Ms. SCHAKOWSKY. Mr. BOST, and Mr. MCKINLEY.
Congress has the power to enact this legis- H.R. 587: Mr. HUIZENGA. H.R. 3848: Ms. MENG.
lation pursuant to the following: H.R. 873: Mrs. HAYES. H.R. 3929: Ms. GABBARD.
Article I, Section 8 H.R. 921: Mr. POCAN. H.R. 3932: Mr. ALLRED.
By Mr. HILL of Arkansas: H.R. 3957: Ms. OMAR.
H.R. 945: Mr. HUFFMAN, Mr. SIMPSON, and
H.R. 6081. H.R. 3960: Mr. GARAMENDI.
Ms. GABBARD.
Congress has the power to enact this legis- H.R. 3980: Mr. CRENSHAW.
H.R. 1002: Mr. BRINDISI.
lation pursuant to the following: H.R. 4078: Mr. RASKIN.
H.R. 1043: Mr. GONZALEZ of Ohio, Ms. CHE-
Article I, Section 8 of the United States H.R. 4097: Mr. BERA.
NEY, Mr. CORREA, Ms. VELÁZQUEZ, and Mr.
Constitution H.R. 4104: Mr. PANETTA, Ms. SCANLON, Ms.
HIGGINS of Louisiana.
By Mr. COX of California: DEAN, Mrs. WATSON COLEMAN, Mr.
H.R. 1049: Mrs. FLETCHER.
H.R. 6082. FLEISCHMANN, and Mr. BURCHETT.
H.R. 1154: Ms. TLAIB.
Congress has the power to enact this legis- H.R. 4129: Ms. MATSUI and Ms. BROWNLEY of
H.R. 1166: Mr. O’HALLERAN.
lation pursuant to the following: California.
H.R. 1209: Mr. TED LIEU of California and
Article 1 Section 8 of the US Constitution H.R. 4138: Ms. PINGREE.
Mr. GRIJALVA.
By Mr. YOHO: H.R. 4189: Mr. HIMES and Mr. STANTON.
H.R. 6083. H.R. 1260: Ms. SEWELL of Alabama.
H.R. 4193: Mrs. BUSTOS.
Congress has the power to enact this legis- H.R. 1266: Mr. NEGUSE and Mr. PANETTA. H.R. 4291: Ms. NORTON.
lation pursuant to the following: H.R. 1374: Mr. MCCAUL. H.R. 4439: Mr. RUTHERFORD, Mr. CARSON of
Article 1 Section 8 H.R. 1400: Mrs. LURIA. Indiana, Mr. RODNEY DAVIS of Illinois, and
By Ms. BONAMICI: H.R. 1406: Mr. ALLRED. Ms. CLARKE of New York.
H.R. 6084. H.R. 1411: Mr. KEATING. H.R. 4482: Mr. GOLDEN.
Congress has the power to enact this legis- H.R. 1497: Mr. MOULTON. H.R. 4549: Mr. OLSON.
lation pursuant to the following: H.R. 1516: Ms. GABBARD. H.R. 4555: Mr. RASKIN.
Article I, Section 8 H.R. 1549: Mr. TED LIEU of California. H.R. 4644: Mr. VELA.
By Mr. CONNOLLY: H.R. 1611: Mr. ZELDIN, Mr. FITZPATRICK, H.R. 4674: Mr. NEAL and Ms. DAVIDS of Kan-
H.R. 6085. and Mr. SHERMAN. sas.
Congress has the power to enact this legis- H.R. 1629: Mr. HUFFMAN and Mr. ZELDIN. H.R. 4708: Mr. LYNCH, Ms. PORTER, Mr.
lation pursuant to the following: H.R. 1661: Ms. BROWNLEY of California. BUTTERFIELD, and Ms. JOHNSON of Texas.
Article 1, Section 8 of the United States H.R. 1679: Mr. SMUCKER. H.R. 4709: Mr. LYNCH, Ms. PORTER, Mr.
Constitution. H.R. 1730: Mr. SPANO and Mr. ALLRED. BUTTERFIELD, and Ms. JOHNSON of Texas.
By Mr. HUIZENGA: H.R. 1816: Mrs. NAPOLITANO. H.R. 4928: Mr. KENNEDY.
H.R. 6086. H.R. 1857: Mr. JEFFRIES. H.R. 4932: Mr. KIND.
Congress has the power to enact this legis- H.R. 1869: Mr. KENNEDY and Ms. DEAN. H.R. 4982: Ms. CRAIG.
lation pursuant to the following: H.R. 1897: Mr. CROW. H.R. 5046: Mr. TED LIEU of California, Mr.
Article I, Section 9, that no money shall be H.R. 1945: Ms. GARCIA of Texas and Mr. COURTNEY, Mr. SUOZZI, and Mr. RUPPERS-
drawn from the Treasury but in consequence HUFFMAN. BERGER.
of Appropriations made by Law, and a reg- H.R. 1948: Mr. MARCHANT. H.R. 5076: Mr. KELLY of Pennsylvania and
ular Statement and Account of the Receipts H.R. 1956: Mr. BUCSHON and Mr. LATTA. Ms. BLUNT ROCHESTER.
and Expenditures of all public Money shall H.R. 2090: Ms. STEFANIK and Mr. BRINDISI. H.R. 5115: Mrs. BROOKS of Indiana and Ms.
be made from time to time. H.R. 2117: Mrs. TRAHAN, Mr. KEATING, Ms. BROWNLEY of California.
By Mr. LIPINSKI: JAYAPAL, Mr. SEAN PATRICK MALONEY of New H.R. 5153: Mr. FORTENBERRY.
H.R. 6087. York, Mr. HORSFORD, and Mrs. BROOKS of In- H.R. 5169: Mr. HILL of Arkansas, Mr.
Congress has the power to enact this legis- diana. GAETZ, Mr. KING of Iowa, and Mr. BABIN.
lation pursuant to the following: H.R. 2164: Ms. ESCOBAR. H.R. 5234: Ms. CRAIG.
Article 1, Section 8, Clause 1 H.R. 2166: Mr. SHERMAN and Mr. LYNCH. H.R. 5262: Mrs. BEATTY.
‘‘The Congress shall have power to lay and H.R. 2168: Mr. CRENSHAW and Mr. KILMER. H.R. 5265: Mr. BACON.
collect taxes, duties, imposts and excises, to H.R. 2178: Mr. CONNOLLY. H.R. 5312: Ms. KUSTER of New Hampshire,
pay the debts and provide for the common H.R. 2200: Mr. RODNEY DAVIS of Illinois, Mr. Ms. GABBARD, Ms. HAALAND, Mr. LAWSON of
defense and general welfare of the United CICILLINE, Mrs. BEATTY, and Mrs. AXNE. Florida, and Mr. BILIRAKIS.
States . . .’’ H.R. 2264: Mr. NEGUSE. H.R. 5390: Mrs. RODGERS of Washington.
By Mr. LYNCH: H.R. 2305: Ms. TITUS. H.R. 5408: Mr. SHERMAN.
H.R. 6088. H.R. 2488: Mr. TRONE. H.R. 5451: Mr. JEFFRIES.
Congress has the power to enact this legis- H.R. 2508: Ms. GABBARD. H.R. 5516: Ms. STEFANIK and Mr. VARGAS.
lation pursuant to the following: H.R. 2599: Mr. GRIJALVA. H.R. 5523: Ms. STEFANIK.
Article I, Section 8, Clause 18. H.R. 2662: Mr. RASKIN. H.R. 5552: Mr. PALLONE and Mr. KIND.
By Mr. PANETTA: H.R. 2694: Mr. BACON and Mr. GOLDEN. H.R. 5592: Mr. COOPER.
H.R. 6089. H.R. 2711: Mrs. NAPOLITANO. H.R. 5595: Mrs. LESKO.
Congress has the power to enact this legis- H.R. 2731: Mr. SCHWEIKERT and Ms. PIN- H.R. 5602: Mrs. LAWRENCE, Mrs. MURPHY of
lation pursuant to the following: GREE. Florida, Mrs. WATSON COLEMAN, Mr. CLY-
Article I, Section 8, Clause 18. H.R. 2777: Ms. GABBARD and Mr. RASKIN. BURN, Mr. SCHRADER, Mr. PRICE of North
By Mr. RUIZ: H.R. 2788: Ms. GABBARD. Carolina, Mr. RUSH, and Ms. LEE of Cali-
H.R. 6090. H.R. 2847: Mr. PERRY and Mr. SHERMAN. fornia.
Congress has the power to enact this legis- H.R. 2895: Mr. GONZALEZ of Texas. H.R. 5605: Mr. FITZPATRICK.
lation pursuant to the following: H.R. 2986: Ms. ESCOBAR. H.R. 5610: Mr. YOUNG.
Article I, section 8, Clauses 1 and 18 of the H.R. 2990: Ms. GABBARD. H.R. 5657: Mr. WALTZ.
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United States Constitution, to provide for H.R. 3019: Mr. RASKIN. H.R. 5664: Mr. SHERMAN, Mr. PERRY, and
the general welfare and make all laws nec- H.R. 3068: Ms. PINGREE. Ms. SPANBERGER.
essary and proper to carry out the powers of H.R. 3071: Mr. WALTZ. H.R. 5690: Mr. TRONE.
Congress. H.R. 3122: Mr. GOLDEN. H.R. 5697: Mr. DEFAZIO.
By Mr. WITTMAN: H.R. 3182: Mr. JOHN W. ROSE of Tennessee H.R. 5698: Mr. HILL of Arkansas and Mr.
H.R. 6091. and Mr. OLSON. CRENSHAW.
Congress has the power to enact this legis- H.R. 3185: Mr. TRONE. H.R. 5768: Mr. THOMPSON of Mississippi and
lation pursuant to the following: H.R. 3211: Ms. KUSTER of New Hampshire. Mr. GRIJALVA.
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H1506 CONGRESSIONAL RECORD — HOUSE March 4, 2020
H.R. 5775: Mr. PERLMUTTER, Ms. MENG, H. Con. Res. 89: Mr. MCGOVERN, Mrs. PINGREE, Ms. Craig, Mr. GARAMENDI, Mr.
Mrs. LAWRENCE, and Ms. STEVENS. NAPOLITANO, Ms. GABBARD, Ms. VELÁZQUEZ, MCNERNEY, Mr. DEUTCH, Mr. CRIST, Ms.
H.R. 5827: Mr. COLE. Mr. KENNEDY, Ms. MUCARSEL-POWELL, Mr. JAYAPAL, Mr. PAPPAS, Mr. SOTO, Mr.
H.R. 5829: Ms. GABBARD. HUFFMAN, and Ms. PINGREE. SWALWELL of California, Ms. STEVENS, Mr.
H.R. 5845: Ms. BLUNT ROCHESTER and Mr. H. Res. 109: Ms. OMAR. KENNEDY, Mr. TAKANO, Mr. CORREA, Ms.
DELGADO. H. Res. 173: Mr. NEGUSE. FRANKEL, Ms. DEAN, Ms. TLAIB, and Ms.
H.R. 5859: Mr. HIGGINS of Louisiana, Mr. H. Res. 374: Mr. SMUCKER, Mr. GUEST, Mr. ADAMS.
FORTENBERRY, Mr. MAST, Mr. GAETZ, Mr. KELLER, Mr. RICE of South Carolina, Mr. H. Res. 828: Ms. ESCOBAR.
MARSHALL, Mr. THOMPSON of Pennsylvania, MEUSER, and Mr. STEIL. H. Res. 837: Mrs. LOWEY.
and Mr. SHIMKUS. H. Res. 458: Mr. SIRES, Mr. KEATING, Mr. H. Res. 862: Ms. BLUNT ROCHESTER, Mr.
H.R. 5873: Mr. BACON, Mr. GOSAR, Mr. MALINOWSKI, Mr. PRICE of North Carolina, CRENSHAW, and Mr. COHEN.
ZELDIN, Mr. ROSE of New York, and Mr. Mr. MCCAUL, Mrs. BUSTOS, Mr. PHILLIPS, Mr.
AMODEI. FITZPATRICK, Mr. BERA, Mr. MEEKS, Mr. f
H.R. 5885: Mr. RASKIN. CICILLINE, Mr. CHABOT, Mr. KINZINGER, Mr.
H.R. 5917: Ms. PORTER and Mr. CASE. SCHNEIDER, Mr. SHERMAN, Miss RICE of New CONGRESSIONAL EARMARKS, LIM-
H.R. 5954: Mr. BERGMAN, Mr. HUIZENGA, Mr. York, Mr. YOHO, and Mr. COSTA. ITED TAX BENEFITS, OR LIM-
AMASH, Mr. MOOLENAAR, Mr. KILDEE, Mr. H. Res. 512: Ms. BASS, Mr. SHERMAN, and
UPTON, Mr. WALBERG, Mr. LEVIN of Michigan, Ms. SPANBERGER.
ITED TARIFF BENEFITS
Mr. MITCHELL, Ms. STEVENS, Mrs. DINGELL, H. Res. 720: Mr. SIRES, Mr. YOHO, Mr. SHER- Under clause 9 of rule XXI, lists or
Ms. TLAIB, and Mrs. LAWRENCE. MAN, and Mr. COSTA. statements on congressional earmarks,
H.R. 5976: Mr. SWALWELL of California. H. Res. 723: Mr. PERRY, Mr. SHERMAN, and limited tax benefits, or limited tariff
H.R. 5984: Mr. KRISHNAMOORTHI. Ms. SPANBERGER. benefits were submitted as follows:
H.R. 6006: Mr. SMITH of New Jersey. H. Res. 742: Mr. GARAMENDI.
H.R. 6026: Ms. NORTON. H. Res. 745: Ms. BASS. OFFERED BY MRS. LOWEY
H.R. 6034: Mrs. WATSON COLEMAN. H. Res. 792: Mr. WRIGHT. H.R. 6074, making emergency supplemental
H.R. 6038: Mr. QUIGLEY, Mr. SUOZZI, and Ms. H. Res. 797: Ms. DELBENE. appropriations for the fiscal year ending
JUDY CHU of California. H. Res. 809: Mr. WILSON of South Carolina. September 30, 2020, and for other purposes,
H.R. 6066: Mr. WALBERG. H. Res. 821: Mr. AGUILAR, Mrs. DINGELL, does not contain any congressional earmark,
H.R. 6070: Mr. LUJÁN. Ms. KUSTER of New Hampshire, Ms. CASTOR limited tax benefits, or limited tariff bene-
H.J. Res. 2: Ms. DEGETTE. of Florida, Ms. BROWNLEY of California, Ms. fits as defined in clause 9 of rule XXI.
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Congressional Record
E PL
UR M
IB NU
U U
S
116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, WEDNESDAY, MARCH 4, 2020 No. 43
Senate
The Senate met at 10 a.m. and was recognize the role Iowa’s veterans have Since then, Senator SHELBY, Senator
called to order by the President pro played in our history. LEAHY, and their counterparts in the
tempore (Mr. GRASSLEY). For instance, in the Civil War, Iowa House have worked on bipartisan, bi-
f sent over 75,000 soldiers to fight for the cameral discussions. Thanks to their
Union—the most per capita of any good work, we are close. The funding
PRAYER State. I have been saying ‘‘the most legislation appears to be about at the
The Chaplain, Dr. Barry C. Black, of- per capita of any State’’ because I 5-yard line. I hope to complete the leg-
fered the following prayer: thought that was the history, but I islation and deliver this funding this
Let us pray. have heard other States also say the week. We are close.
Eternal God, our Father, through same thing for their States, so I want In order to finish up, both sides will
these days of Lent, give us a contin- to be intellectually honest. But I am need to continue doing what has
uous awareness of Your presence. still proud of those 75,000 Iowans who worked thus far and resist the tempta-
May each lawmaker remember Your fought for the Union. tion to impose any last-minute ideo-
promise to never leave or forsake us. Iowa has kept that tradition of serv- logical demands. In particular, I have
Finding power in Your presence, give ice, and I often have the pleasure of heard that the Democratic leadership
our Senators the ability to discover so- meeting our veterans. Yesterday, I met may be contemplating a last-minute
lutions to the problems that confront an Iowa delegation for the Veterans of demand that this funding legislation
our Nation and world. May they strive Foreign Wars. I participate in the Li- also test drive some untried, untested,
to make a positive difference for all brary of Congress project called the and controversial parts of their Medi-
Americans, permitting Your light to Veterans History Project. Accordingly, care for All proposal that relate to the
illumine the way. Lord, provide our I have had the honor of helping pre- pricing of new drugs and innovations.
legislators with a new vision of faith serve 31 interviews with Iowa veterans So, look, everyone agrees that the
and a fresh venture of hope as they as part of the Veterans History potential diagnostics, therapeutics, or
seek creative ways to help a troubled Project. That has taken place over just vaccines that might come out of this
world. the last 2 years, preserving the oral new funding cannot only be available
We pray in Your powerful Name. history of these Iowa veterans. So the to the ultrawealthy. We all agree on
Amen. Iowa Veterans History Project will that. Everyone agrees. We already have
f have their stories for future genera- longstanding, tried-and-true proce-
tions to ensure that the service and the dures so the government can buy and
PLEDGE OF ALLEGIANCE sacrifices of these Iowans are never for- distribute new medicines in scenarios
The President pro tempore led the gotten. like this to ensure accessibility. These
Pledge of Allegiance, as follows: I yield the floor. mechanisms are already in place.
I pledge allegiance to the Flag of the f There is no need and this is no time to
United States of America, and to the Repub- begin experimenting with ideological
lic for which it stands, one nation under God, RECOGNITION OF THE MAJORITY proposals that could jeopardize re-
indivisible, with liberty and justice for all. LEADER search, development, and innovation.
The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. The ma- Like I said, the accessibility of treat-
LOEFFLER). The Senator from Iowa is jority leader is recognized. ments or vaccines is a priority for ev-
recognized. f erybody, but before new technologies
Mr. GRASSLEY. Madam President, I can be accessible, they obviously have
would ask unanimous consent to speak SUPPLEMENTAL APPROPRIATIONS to be available.
for 1 minute as in morning business. BILL This is a moment to empower
The PRESIDING OFFICER. Without Mr. MCCONNELL. Madam President, innovators, to incentivize innovators.
objection, it is so ordered. last week I described how Congress It is a time to remove hurdles to inno-
f could quickly secure supplemental vation, not build new hurdles and cre-
funding to combat the coronavirus. ate new uncertainty through ideolog-
IOWA HISTORY MONTH The way to secure these urgently need- ical experimentation.
Mr. GRASSLEY. Madam President, ed resources with speed and certainty So I hope these rumors do not prove
this month is Iowa History Month. For was to forgo partisan posturing, forgo true. I am optimistic we will be able to
Iowa History Month, I will probably micromanagement at the leadership close out the remaining questions and
give a few 1-minute speeches about the level, and let the bipartisan appropri- process this legislation in short order.
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history of Iowa, but today I want to ators do their work. This moment calls for collaboration
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S1449
.
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S1450 CONGRESSIONAL RECORD — SENATE March 4, 2020
and for unity. Our bicameral, bipar- wish list of central planning, only sume consideration of the motion to
tisan talks have made great headway. four—just four—of our Democratic col- proceed to S. 2657, which the clerk will
It is time to give our public health ex- leagues could bring themselves to vote report.
perts and healthcare professionals the against it. That is quite a remarkable The senior assistant legislative clerk
surge of resources they need at this commentary on the state of our poli- read as follows:
challenging time. tics. Motion to proceed to S. 2657, a bill to sup-
f Experts estimated the Green New port innovation in advanced geothermal re-
Deal could have cost our government search and development, and for other pur-
S. 2657 poses.
more than the GDP of the entire world.
Mr. MCCONNELL. Madam President, The Green New Deal could have cost The PRESIDING OFFICER. The Sen-
in the meantime, the Senate will con- our government more than the GDP of ator from West Virginia.
tinue considering an important pack- the entire world. Instead, this bipar- Mr. MANCHIN. Madam President,
age of comprehensive energy legisla- tisan legislation will let us direct re- today we vote to begin the consider-
tion. For the first time in more than a sponsible and targeted investment in a ation of S. 2657, which will serve as the
decade, we are looking at a thorough smart way toward key energy prior- vehicle for the American Energy Inno-
update to the laws governing innova- ities. vation Act. This is truly bipartisan en-
tion, security, and workforce develop- The Green New Deal sought to have ergy policy. This innovative package
ment all across the American energy Washington micromanage everyday life will be the first comprehensive policy
sector. in this country to a degree that the update in 13 years. It brings together
As Chairman MURKOWSKI has noted, 20th-century Socialists would have the strong bipartisan work of the En-
12 years is a long time. The demands drooled over. Instead, this bipartisan ergy Committee over the last year.
we face in researching, producing, re- legislation will create better policy I would like to thank my friend and
fining, storing, and protecting our and regulatory conditions for Amer- chairman of the committee, LISA MUR-
abundant domestic energy have ican workers, American innovators, KOWSKI, Republican from Alaska, for
evolved a great deal since 2007, so it is and American job creators to actually her leadership and partnership with me
high time for relevant Federal policy thrive. over the last 14 months to process
to evolve as well. I am grateful the Speaking as the senior Senator from these bills and form the basis of the en-
chairman was willing to take on this Kentucky, I know firsthand that many ergy package we will be turning to
important task, and I am glad she and Americans in the middle of the country today.
Senator MANCHIN led their colleagues suffered badly during the Obama era Thanks to the members of the En-
on the Energy and Natural Resources because Washington bureaucrats de- ergy and Natural Resources Committee
Committee through an overwhelmingly cided American energy had to fit their for their contributions to the develop-
bipartisan process to produce this bill. ideological designs. The very last thing ment of this legislation.
As I mentioned yesterday, the legis- we want is to move backward and ex- The American Energy Innovation Act
lation aggregates 50 individual bills. It pand those errors exponentially with draws from 53 bills from Members from
contains input from more than 60 Sen- radical leftwing experiments that both sides of the aisle, and 39 of those
ators. It covers an exhaustive range of would make the last administration’s were truly a bipartisan effort. And 63
energy-related challenges, from power War on Coal look like child’s play. Members of the Senate have either
storage and renewable technologies to What Kentuckians and all Americans sponsored or cosponsored a piece of
carbon capture and electrical grid deserve is for the Federal Government this package.
cyber security. to make prosperity and domestic en- It truly is a bipartisan product and
It has earned the support of a simi- ergy dominance easier—easier—not one that I believe will benefit this
larly broad range of industry, advo- harder. They deserve investment and country greatly. So far, we have had
cacy, and research organizations. In support to help the communities that over 150 amendments filed, several of
one joint letter, the Bipartisan Policy have fueled this country for genera- which are bipartisan, and there is no
Center, the American Nuclear Society, tions to prosper once again, and that is controversial issue that I know of. I am
the Nature Conservancy, and 36 other what this bipartisan bill will actually hoping that we can work together to
signatories endorsed it as ‘‘the cul- deliver. incorporate some of those amendments
mination of extensive efforts to de- I am proud to support this smart leg- from both sides of the aisle.
velop practical legislative solutions.’’ islation. Clearly, I am not alone, since As it stands, the American Energy
That is the American Nuclear Society only three Senators voted against ad- Innovation Act will advance the abili-
and the Nature Conservancy—that vancing the bill this week. So I would ties of Department of Energy and the
ought to tell you what you need to urge all of my colleagues to keep up National Laboratories to deliver the
know about this bill. This is a bipar- their support, and let’s see this pack- much needed technology that Amer-
tisan piece of legislation done right. age through to the finish line. ican workers can then produce and ex-
This is how you take practical steps to port across the global marketplace.
build consensus on issues that affect f Not only will it further our ability to
every American in every State. RESERVATION OF LEADER TIME reduce greenhouse gas emissions from
Around this time last year, you will energy, transportation, industry, and
recall we saw a high-profile example of The PRESIDING OFFICER. Under buildings, but it will also enhance our
exactly what not to do. The far-left the previous order, the leadership time cyber and grid security and maintain
edge of the House Democratic caucus is reserved. our competitive edge and role as a
rolled out a massive scheme to forcibly f global leader.
remake much of our economy and our We talk a lot—all of us do—about
CONCLUSION OF MORNING
society according to their radical top- global climate, and when you think
BUSINESS
down designs. about global climate, then you think
We all remember the Green New The PRESIDING OFFICER. Morning about our responsibility and what we
Deal—categorical bans on the most af- business is closed. emit into the air. For some reason,
fordable forms of American energy, a f most people have been led to believe
dim future for millions of energy jobs, that power generation—whether it be
LEGISLATIVE SESSION
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unprecedented Washington mandates coal-fired powerplants, natural gas-
on every subject from building codes to fired powerplants, or anything that has
personal transportation. We all remem- to do with fossil—is contributing all of
ber what happened next: This socialist ADVANCED GEOTHERMAL INNOVA- the greenhouse gas emissions in the
fantasy did not stay confined to ideo- TION LEADERSHIP ACT OF 2019— United States. That is just not true.
logical fringe; it quickly grew into a MOTION TO PROCEED—Resumed Let me give you the breakdown.
broader rallying cry. When the Senate The PRESIDING OFFICER. Under Power generation contributes 27.5 per-
had the opportunity to vote on this the previous order, the Senate will re- cent of the greenhouse gas emissions.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1451
Power generation is how you get your The PRESIDING OFFICER. Without needed funds to CDC, HHS, USAID,
electricity—if it comes from a coal- objection, it is so ordered. FDA, and others to do vaccine research
fired powerplant, gas, or any other RECOGNITION OF THE MINORITY LEADER and development and much more. The
type of fossil. The PRESIDING OFFICER. The funding level in this bill and the spe-
Transportation is how we come and Democratic leader is recognized. cific use very much reflects the needs
go back and forth to work and how we CORONAVIRUS of the country as healthcare profes-
receive our goods. Whether it is going Mr. SCHUMER. Madam President, as sionals across America work to con-
to be by car, by train, by plane, or by the number of confirmed cases of front the spread of the virus.
trucks, 29 percent of the responsibility coronavirus in the United States con- I want to thank our appropriators on
for greenhouse gases goes to transpor- tinues to grow, Congress is taking the frontlines: Ranking Member LEAHY
tation. swift action this week to provide our and Chairman SHELBY in the Senate
The industry is where people work, health experts, hospitals, healthcare and Chair LOWEY and Ranking Member
where they make their living, provide providers, and State and local govern- GRANGER in the House. While the
for their family, whether it be in a Trump administration’s response has
ments the funding they need. A bipar-
small factory, a large factory, a small been slow and halting, Congress has
tisan negotiation between appropri-
business, or a high-tech business. In- taken action. While President Trump is
ators in the House and Senate is very
dustry contributes 22 percent of green- playing fast and loose with facts and
close to producing an emergency fund-
house gas emissions. blaming everyone not named Donald
ing bill that will provide between $7 Trump, Congress is taking responsi-
Commercial and residential, which is
and $8 billion to respond to the bility in acting like the adult in the
the building we are in today, which is
coronavirus. room.
the beautiful Capitol, and where we
This is very close to the amount that Democrats would like to see this
live—just the commercial and residen-
I thought was appropriate when I re- emergency funding package passed
tial—are 11.5 percent responsible for
quested it last week—$8.5 billion—and through the Senate by the end of the
greenhouse gases.
So you have to have an ‘‘all in’’ pol- it is more than four or five times what week, and we will work with the major-
icy. One thing doesn’t fit, and we don’t the administration originally re- ity to make sure that that happens. I
have a silver bullet to fix everything. quested. I believe that if we had not urge all of my colleagues, in the inter-
What we have done is this. You take all pushed them, they would have been to- est of time, understanding the urgency
of those—power generation, transpor- tally inadequate to the crisis, as they of the matter, to help us achieve this
tation, industry, commercial and resi- have been in preparation and planning. goal.
The administration requested $2.5 Now, yesterday, Vice President MIKE
dential—and that represents 90 percent
of all the greenhouse gas emissions. We billion, which was half, and only half of PENCE and his team from CDC, FDA,
are approaching—and, basically, this that was new funding. The rest came and HHS met with the Democratic cau-
piece of legislation approaches—every from pulling it out of other things, like cus to answer questions about the ad-
one of those to reduce the greenhouse Ebola, which is very much needed as ministration’s response to the
gas emissions. well. The bill we put together here in coronavirus. We appreciated their will-
If we all work together and pass this Congress is far more appropriate and ingness to come to our caucus. They
truly bipartisan, far-reaching, all-in- will actually address our country’s stayed. Unlike at some of the previous
clusive bill, it will make a world of dif- short-term and medium-term needs. briefings, they stayed and addressed a
ference in how we lead the rest of the This is very, very good news. lot of our questions. The only problem
world in reducing greenhouse gas emis- I would like to compliment Demo- is they didn’t have as many answers as
sions. That is what we are trying to do. crats and Republicans, in the House we needed—answers the American peo-
We do it through innovation. We and the Senate, for making efforts to ple would have expected at this stage
don’t do it through elimination. Elimi- come together and for being the adults of the epidemic.
nation is not practical, responsible, or in the room, while President Trump One of our top priorities at the mo-
reasonable. The rest of the world will childishly exaggerates, underplays, ment is testing. We need to know who
not follow, and, basically, we have to points fingers of blame, latches on to is infected in order to contain the
have baseload fuel. It has to be depend- conspiracy theories, and, most of all, spread of the virus and treat any Amer-
able, reliable, and affordable, but it has doesn’t lead. This is an example of ican infected by the disease. We asked
to be the cleanest in the world. That is where America needs leadership, and the administration about the avail-
what this bill does. President Trump’s lack of leadership is ability of testing kits, but they could
There is the other 9 percent. You say: glaringly apparent to Americans. not answer how soon hospitals, medical
Well, that is 90 percent; where is the Crucial legislation provides funding labs, and public health centers would
other 10 percent? That is in agri- for very specific and timely needs. receive the tests and if they would
culture. That is not in our jurisdiction, There will be $350 million for ‘‘hot have enough of them to do the amount
but they are working very hard in the spots’’—areas affected by the outbreak. of testing required fast enough. The
Agriculture Committee to reduce their There will be $500 million to procure best way to deal with testing is to let
greenhouse gas emissions and their pharmaceuticals, masks, protective people do it onsite. Let them go to
footprint. Everybody is doing their job. equipment, and other medical supplies their local doctor, their local CHC, and
I believe this package is well bal- to distribute to States, local govern- get the test and get an answer quickly.
anced, and many of my colleagues’ pri- ments, and hospitals. There will be $100 Unfortunately, the Vice President and
orities on both sides of the aisle have million for community health centers his team had no answers to that. It is
been met. This bill represents a critical and funding for training and beds. We a real problem. Our questions at the
step in the right direction. I encour- are replenishing the CDC’s Infectious meeting yesterday should give the ad-
age—I truly, sincerely encourage—all Disease Rapid Response Reserve Fund ministration an urgency to figure this
of my fellow Members, Democrats and so that it can respond quickly to local out as soon as possible.
Republicans, to vote yes today on the areas that experience an outbreak. I would also plead with President
motion to proceed. Your children will In total, there is over $950 million in Trump to begin showing some leader-
thank us, and your grandchildren and funding for State and local govern- ship on the coronavirus. So far, the
generations after them will definitely ments to undertake the many activi- President’s main concern has been to
thank all of us for doing our job today. ties they need to respond to the spread tamp down concern about the virus. He
SSpencer on DSKBBXCHB2PROD with SENATE
I suggest the absence of a quorum. of the virus, surveillance for the gives broad assurances that ‘‘every-
The PRESIDING OFFICER. The coronavirus, laboratory testing, con- thing is under control.’’
clerk will call the roll. tact tracing to identify anyone who When you show up at your doctor’s
The senior assistant legislative clerk may have been infected by a person office because you think you might
proceeded to call the roll. known to have the virus, infection con- have the coronavirus and there is no
Mr. SCHUMER. Madam President, I trol at the local level, and more. test, he doesn’t know what to do. He
ask unanimous consent that the order This is only one piece of the bill. The just says: Go home and don’t go to
for the quorum call be rescinded. rest of the bill will give desperately work.
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S1452 CONGRESSIONAL RECORD — SENATE March 4, 2020
That is not ‘‘everything under con- [Rollcall Vote No. 64 Leg.] The PRESIDING OFFICER. The
trol,’’ Mr. President. YEAS—90 clerk will report.
If any member of his administration Alexander Fischer Perdue The legislative clerk read as follows:
tells the President something opti- Baldwin Gardner Peters The Senator from Kentucky [Mr. MCCON-
Barrasso Gillibrand Portman NELL],for Ms. ERNST, proposes an amend-
mistic, he repeats it and usually exag- Bennet Graham Reed
gerates it. The disease will magically Blumenthal Grassley Risch
ment numbered 1419 to amendment No. 1407.
disappear when the weather gets warm; Blunt Harris Roberts Mr. MCCONNELL. I ask unanimous
Booker Hassan Romney consent that the reading of the amend-
a vaccine will be ready soon—all Boozman Hawley Rosen
misstatements from President Trump. Braun Heinrich Rounds ment be waived.
In a televised meeting with govern- Brown Hirono Rubio The PRESIDING OFFICER. Without
ment health experts and pharma- Burr Hoeven Sasse objection, it is so ordered.
Cantwell Hyde-Smith Schumer
ceutical experts, the President repeat- Capito Inhofe Scott (SC)
The amendment is as follows:
edly failed to comprehend that a vac- Cardin Johnson Shaheen (Purpose: To establish a grant program for
cine would take over a year to develop Carper Kaine Shelby training wind technicians)
Casey Kennedy Sinema
and test. This is the President of the Cassidy King Smith At the end of subtitle C of title II, add the
United States during a crisis. He Collins Lankford Stabenow following:
doesn’t even understand the basic rudi- Coons Leahy Sullivan SEC. 23ll. WIND ENERGY WORKFORCE DEVEL-
Cortez Masto Loeffler Tester OPMENT.
ments of what is going on. He sug- Cotton Manchin Thune (a) WIND TECHNICIAN TRAINING GRANT PRO-
gested blithely that we could just use Cramer Markey Tillis GRAM.—
the influenza vaccine for the Crapo McConnell Toomey
(1) IN GENERAL.—Title XI of the Energy
coronavirus, and he was quickly cor- Cruz McSally Udall
Daines Menendez Van Hollen Policy Act of 2005 (42 U.S.C. 16411 et seq.) is
rected by Dr. Fauci, one of our health Duckworth Merkley Warner amended by adding at the end the following:
experts. Twenty-four hours later, the Durbin Moran Whitehouse ‘‘SEC. 1107. WIND TECHNICIAN TRAINING GRANT
President was claiming that pharma Enzi Murkowski Wicker PROGRAM.
Ernst Murphy Wyden ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In
executives would speed up the produc- Feinstein Murray Young
tion of a vaccine as a ‘‘favor’’ to him. this section, the term ‘eligible entity’ means
NAYS—4 a community college or technical school
President Trump, people are sick.
Lee Schatz that offers a wind training program.
People are dying. This virus is wreak- ‘‘(b) GRANT PROGRAM.—The Secretary shall
Paul Scott (FL)
ing havoc on the economy, and you establish a program under which the Sec-
look at it as a favor to you? It is not NOT VOTING—6 retary shall award grants, on a competitive
about you, Mr. President; it is about Blackburn Jones Sanders basis, to eligible entities to purchase large
Cornyn Klobuchar Warren pieces of wind component equipment (such
America and the crisis and what our
Federal Government is doing to help. The motion was agreed to. as nacelles, towers, and blades) for use in
The PRESIDING OFFICER. The training wind technician students.
The President saying it was a favor ‘‘(c) FUNDING.—Of the amounts made avail-
to him, stating such blatant mistruths, clerk will report the bill.
able to the Secretary for administrative ex-
was a shocking demonstration of just f penses to carry out other programs under the
how little the President listens, how ADVANCED GEOTHERMAL INNOVA- authority of the Secretary, the Secretary
little the President learns, and how lit- TION LEADERSHIP ACT OF 2019 shall use to carry out this section $2,000,000
tle leadership he shows at a time when for each of fiscal years 2020 through 2025.’’.
The legislative clerk read as follows: (2) CLERICAL AMENDMENT.—The table of
we desperately need leadership.
A bill (S. 2657) to support innovation in ad- contents for the Energy Policy Act of 2005
During a public health crisis of this vanced geothermal research and develop- (Public Law 109–58; 119 Stat. 601) is amended
magnitude, we need steady and con- ment, and for other purposes. by inserting after the item relating to sec-
fident leadership from President The PRESIDING OFFICER. The Sen- tion 1106 the following:
Trump. So far, it has been totaling ator from Alaska. ‘‘Sec. 1107. Wind technician training grant
lacking—unfortunately for America. Ms. MURKOWSKI. Mr. President, I program.’’.
I yield the floor. have polled the Members of the Energy (b) VETERANS IN WIND ENERGY.—
The PRESIDING OFFICER. Under Committee and now withdraw the com- (1) IN GENERAL.—Title XI of the Energy
the previous order, all postcloture time mittee-reported substitute amend- Policy Act of 2005 (42 U.S.C. 16411 et seq.) (as
is expired. ment. amended by subsection (a)(1)) is amended by
adding at the end the following:
The question occurs on agreeing to The PRESIDING OFFICER. The
‘‘SEC. 1108. VETERANS IN WIND ENERGY.
the motion to proceed. amendment is withdrawn.
‘‘(a) IN GENERAL.—The Secretary shall es-
Mr. SCHUMER. I ask for the yeas The committee-reported amendment,
tablish a program to prepare veterans for ca-
and nays. in the nature of a substitute, was with- reers in the wind energy industry that shall
The PRESIDING OFFICER. Is there a drawn. be modeled off of the Solar Ready Vets pilot
sufficient second? AMENDMENT NO. 1407 program formerly administered by the De-
There appears to be a sufficient sec- (Purpose: In the nature of a sub- partment of Energy and the Department of
stitute.) Defense.
ond.
Ms. MURKOWSKI. Mr. President, I ‘‘(b) FUNDING.—Of the amounts made avail-
The clerk will call the roll. able to the Secretary for administrative ex-
call up substitute amendment No. 1407.
The senior assistant legislative clerk The PRESIDING OFFICER. The penses to carry out other programs under the
called the roll. clerk will report.
authority of the Secretary, the Secretary
Mr. THUNE. The following Senators shall use to carry out this section $2,000,000
The legislative clerk read as follows: for each of fiscal years 2020 through 2025.’’.
are necessarily absent: the Senator The Senator from Alaska [Ms. MUR- (2) CLERICAL AMENDMENT.—The table of
from Tennessee (Mrs. BLACKBURN) and KOWSKI] proposes amendment No. 1407. contents for the Energy Policy Act of 2005
the Senator from Texas (Mr. CORNYN). Ms. MURKOWSKI. Mr. President, I (Public Law 109–58; 119 Stat. 601) (as amended
Mr. DURBIN. I announce that the ask unanimous consent that the read- by subsection (a)(2)) is amended by inserting
Senator from Alabama (Mr. JONES), the ing of the amendment be waived. after the item relating to section 1107 the
Senator from Minnesota (Ms. KLO- The PRESIDING OFFICER. Without following:
BUCHAR), the Senator from Vermont objection, it is so ordered. ‘‘Sec. 1108. Veterans in wind energy.’’.
(Mr. SANDERS), and the Senator from
SSpencer on DSKBBXCHB2PROD with SENATE
(The amendment is printed in the (c) STUDY AND REPORT ON WIND TECHNICIAN
Massachusetts (Ms. WARREN) are nec- RECORD of March 3, 2020, under ‘‘Text of WORKFORCE.—
essarily absent. Amendments.’’) (1) IN GENERAL.—The Secretary shall con-
The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The ma- vene a task force comprised of 1 or more rep-
resentatives of each of the stakeholders de-
SASSE). Are there any other Senators jority leader. scribed in paragraph (2) that shall—
in the Chamber desiring to vote? AMENDMENT NO. 1419 TO AMENDMENT NO. 1407 (A) conduct a study to assess the needs of
The result was announced—yeas 90, Mr. MCCONNELL. Mr. President, I wind technicians in the workforce;
nays 4, as follows: call up amendment No. 1419. (B) create a comprehensive list that—
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1453
(i) lists each type of wind technician posi- ment process. I want to have a man- the goals that have been set by the
tion available in the United States; and agers’ package, but it is entirely pos- Paris Agreement would increase de-
(ii) describes the skill sets required for sible—we have seen it before—that the mand for battery storage minerals, like
each type of position listed under clause (i);
opportunity will be spoiled. I would lithium, cobalt, and nickel, by 1,000
and
(C) not later than 1 year after the date of just urge Members to be honest about percent. Right now, nearly 70 percent
enactment of this Act, make publicly avail- how ready their proposals really are. of raw cobalt is coming from the Demo-
able and submit to Congress a report that— Sometimes, they might not be as vet- cratic Republic of the Congo, and over
(i) describes the results of that study; ted as you think they might be, and 60 percent of the processed cobalt used
(ii) includes the comprehensive list de- they might need some additional work, in batteries is controlled by China.
scribed in subparagraph (B); and but know that, as a committee, we Think about that. The United States
(iii) provides recommendations— stand ready to work with Members on has no capacity for battery-grade co-
(I) for creating a credentialing program those proposals to better enhance
that may be administered by community balt. That is the situation we are in
them. right now. There is no capacity for bat-
colleges, technical schools, and other train-
I have taken the opportunity over tery-grade cobalt here in this country,
ing institutions; and
(II) that reflect best practices for wind
the past couple of days to share with and that is before the projected 600-per-
technician training programs, as identified colleagues more about what our pack- cent increase in demand over the next
by representatives of the wind industry. age includes—the result of this good 30 years.
(2) STAKEHOLDERS DESCRIBED.—The stake- work that we have done over the past
Despite new development on State
holders referred to in paragraph (1) are— year in working through regular order
(A) the Department of Defense; and private lands in Nevada and North
in our committee. Last night, I talked
(B) the Department of Education; Carolina, the United States only pro-
about title I, which focuses on innova-
(C) the Department of Energy; duces about one percent of the world’s
tion—the big, key buzzword here, ‘‘in-
(D) the Department of Labor; raw lithium and contributes about
novation’’—everything from energy ef-
(E) the Department of Veterans Affairs;
ficiency and renewables to energy stor- seven percent of the processed mate-
(F) technical schools and community col- rials. Think about it—the cobalt that
leges that have wind technician training pro- age. We all talk a lot about energy
storage—advanced nuclear and carbon is so necessary and the lithium that we
grams; and
capture, utilization, and storage. So require for our batteries. The same
(G) the wind industry.
(3) FUNDING.—Of the amounts made avail- there is a good focus on the innovation goes for graphite, whereby 60 percent of
able to the Secretary for administrative ex- side of this bill. mined graphite and 100 percent of the
penses to carry out other programs under the This morning, I would like to high- processed material is coming from
authority of the Secretary, the Secretary light what is in title II, which is kind China. We have some very promising
shall use to carry out this subsection of our security title, and I put it in reserves in my State of Alaska for
$500,000. graphite. Again, think about what this
three different buckets. You have min-
The PRESIDING OFFICER. The Sen- means when we are talking about solar
eral security, which is critical to the
ator from Alaska. panels, advanced batteries, and electric
Ms. MURKOWSKI. Mr. President, I supply chain. You have cyber security
and grid security, which, again, are vehicles. What are they made of? It is
thank all of those who just voted for not chocolate and candy canes here. If
the motion to proceed to S. 2657. We key to all operations of commerce and
our economy. Then you have the eco- we want to compete in the industries of
have called up my substitute amend-
nomic security that comes with good the future, we are going to have to do
ment, No. 1407, which now contains the
jobs. The focus on the workforce is better. We will have to compete with
full text of the American Energy Inno-
here as well. China, particularly, and right now, we
vation Act.
We are moving through the process, Out of these three, I begin with min- are at a disadvantage.
albeit a little slowly here, but we are eral security, because we don’t always Last year, an expert from the For-
moving through the process. We now associate these efforts with meeting eign Policy Analytics testified about
have more than 150 amendments that our energy and our climate goals. China’s domination of mineral markets
have been filed to the bill. Senator What we focus on within this bill is and supply chains. For electric vehi-
MANCHIN and I are working together the development of new, clean tech- cles, China controls or has influence
with other Members to sort through nologies, but there is also a very im- over 80 percent of the supply of rare
potential votes on the bill. We are also portant reality that we have to ac- earth elements. China also controls or
working to see which ones might fit knowledge, which is that meeting our has influence over 70 percent of the
into a managers’ package of easy, non- energy and our climate goals will re- supply of graphite and graphene, 59
controversial, worked-out proposals. I quire a significant increase in our sup- percent of the supply of lithium, 56 per-
know everyone thinks that theirs is ply of critical minerals. The world is cent of the supply of vanadium, and 36
easy and that it has been worked out, not producing nearly enough of almost percent of the supply of cobalt.
and, of course, it is not controversial, all of them. Think about that. We are Some of this is due to the production
but we have a handful of those pro- pushing and challenging those within and supply chains in China. Some of it
posals and are seeking additional ones. our national labs and those within the is as a result of extensive investments
I would remind Members that amend- private sector and are saying: Move us that China has made to acquire mines
ments require bipartisan cooperation, to these cleaner technologies—the and mining interests around the world,
especially from those beyond the Com- world of renewables. Yet we have to most notably in places like the Congo.
mittee on Energy and Natural Re- build all of these things. Whether it is Yet this is the reality that we are fac-
sources’ jurisdiction. Those who are on your smartphone or whether it is a ing right now—this ever-increasing re-
the committee have had an oppor- wind turbine, we need to build them,
liance on and, therefore, vulnerability
tunity to go through each and every and they require minerals—they re-
for these minerals that are so nec-
one of these measures that we have in quire critical minerals.
If we are not producing them, where essary to the investments that we will
front of us and that have been incor- make.
porated as part of this American En- are we getting them from? More to the
ergy Innovation Act. That input has point, the United States is not pro- It is not just China we are talking
been helpful and very, very positive as ducing nearly enough of almost any of about here. Canada is well ahead of us.
we have built these proposals. I know these materials that we are talking Just this week, Prime Minister
some folks are looking at much of this about when it comes to how we move Trudeau released the Canadian Min-
SSpencer on DSKBBXCHB2PROD with SENATE
for the first time if they are not on the to clean energy sources. We are largely erals and Metals Plan, with the goal of
committee. They have ideas that are absent from the field, as countries— ‘‘being the leading mining nation,’’ in
good and worthy, and we want to re- most notably, China—increasingly part, because minerals are critical to
spect that process and incorporate dominate long-term supply chains that clean energy technologies.
them as appropriate and enhance this will give them an almost insurmount- So while other countries are com-
bill. able competitive advantage. peting to lead in this space, what are
I want to have votes. The leader has Consider a few of the numbers here. we doing here in this country? How are
said he wants to have an open amend- According to the World Bank, meeting we doing it?
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S1454 CONGRESSIONAL RECORD — SENATE March 4, 2020
Now, I want to give the administra- world, by working smarter and more especially those most vulnerable small-
tion credit in this space. They recog- efficiently. er utilities that have fewer resources,
nize the problem. They are acting on I also want to remind colleagues that to continue investing in new tech-
it. The President laid down an Execu- we passed this same provision as part nology that keeps their systems pro-
tive order. I just visited with the Sec- of our 2016 energy bill. Minerals were tected against evolving cyber threats.
retary of the Interior on their minerals important enough to draw 85 votes This is important because we tend to
analysis, but, really, the facts in front back then, in 2016, so I would think focus on the big systems and what that
of us are pretty clear. that we would regard them as even impact might be, but for many, many,
USGS tells us this every year: We are more important now as our reliance many around the country in our small-
still a long, long way from true min- and our vulnerability have only in- er, more rural areas, these are our
eral security. Right now, we import at creased. smaller utilities that don’t have the re-
least 50 percent of our supply of 46 dif- I want to thank Senator MANCHIN for sources to really be as current or as
ferent minerals, including 100 percent his support on our efforts on mineral protected as they want to be and as
of 17 of them. security and for his cosponsorship of they should be in the event of any kind
This is like the Achilles’ heel for us the American Mineral Security Act. I of cyber threat. So helping assist them
because we have effectively surren- was also glad to be able to combine his is important.
dered the front end of the supply chain, efforts on a bill that he called Rare
We included language from Senator
and then we wonder why we have such Earth Element Advanced Coal Tech-
GARDNER to facilitate State energy se-
a hard time capturing any of the rest nologies. We have included that bill in
curity plans and public-private part-
of it. our subtitle.
I also want to thank a number of nerships for grid security. We included
So our mineral subtitle will help put Senator CANTWELL’s Energy Cybersecu-
us on the right track. It is not an over- members on the Energy and Natural
Resources Committee—Senators BAR- rity Act, which puts programs in place
night cure-all; there is none. But it will for the DOE to effectively partner with
enable the United States to increase RASSO, RISCH, DAINES, and MCSALLY—
for their help in this very important industry and other Federal agencies.
the responsible production and proc- Senator CANTWELL has been a real
essing of critical minerals. It will help subtitle.
Another subtitle within title II on se- leader—when she was the ranking
us figure out what we have. It will help member on the committee and now—as
curity addresses the real and growing
us develop alternatives and substitutes she continues to focus on this issue,
threat of cyber attacks. According to
for the minerals that we lack, and that the very important issue of cybersecu-
the 2019 Worldwide Threat Assessment
is an important part of this because, as rity. So she has a good provision in-
of the U.S. Intelligence Community,
much as it is important to have that cluded in this bill as well.
China, Russia, and other foreign adver-
secure supply here, we need to be push- The American Energy Innovation Act
saries are using cyber operations to
ing ourselves to recycle, to find the al- will help improve our national security
target our critical energy infrastruc-
ternatives and the substitutes. That is in significant ways—again, through
ture.
key and folds into the first title, which We have already seen the real-world mineral security and protecting our
is all about innovation and the tech- ramifications of cyber attacks on en- electric grid from cyber attacks.
nologies that will help us advance that ergy infrastructure. In December of We recognize that these measures
but keeping and pushing on the R&D in 2015, Russian hackers cut off power to play a crucial role in supporting energy
that space. nearly a quarter of a million people in innovation and ensuring that its many
Then, also, what we do within the Ukraine. Two years later, Russian benefits can be enjoyed by the Amer-
bill is increase recycling to reduce the hackers infiltrated the industrial con- ican people.
need for new supplies. So you have a trol system of a Saudi Arabian petro-
focus on mineral security, but how There is more that I will take the
chemical plant and disabled the plant’s time to outline at a later point, but I
that ties into innovation and how we safety systems. We can’t let that hap-
can reuse, recycle, and develop alter- think it is important that, as Members
pen here. consider what this energy provision al-
natives is key. Our electric grid, which is composed
Over time, our mineral subtitle will lows for, it is pretty expansive. It is
of generation, transmission, and dis- pretty expansive, and it is expansive
help America become a leader in grow- tribution resources, is a uniquely crit-
ing industries like battery and renew- because, again, we haven’t seen an en-
ical asset. Every sector of our economy ergy bill become law in 12 years, so it
able manufacturing, along with the depends on it. We know what the im-
jobs and the economic growth that should be expansive, and it should
pact would be if there were a successful focus on how we can help facilitate
they represent. hack. It could impact homes, hospitals,
I think it also helps put the United more of the ingenuity and innovation
banks, gas pumps, traffic lights, cell
States in the driver’s seat to prevent that will come forward from our uni-
phone services. The consequences real-
supply disruptions that could quickly versities, from our labs, from public-
ly go without bounds in terms of the
derail our efforts to deploy renewables, private partnerships, from those who
devastation that could be wrought,
energy storage, EVs, and other tech- are working every day with great ideas
particularly if power can’t be restored
nologies. to help, really, transform not only our
for any meaningful duration.
There is one thing our minerals sub- So, working with the administration, economy but our environment as well.
title will not do. It will not weaken we have seen some good steps to ad- So it is more than innovation in the
laws that protect our lands and waters. dress this through the establishment of renewable space. It is innovation in the
Our bill continues to ensure that only the Office of Cybersecurity, Energy Se- carbon space. It is innovation in the
responsible development is allowed to curity, and Emergency Responses, also nuclear space. It is innovation when it
proceed. known as CESER, at the Department comes to industrial emissions. It is in-
I have heard some claim just as re- of Energy. I thank them for the leader- novation when it comes to efficiency.
cently as yesterday that our bill will ship there. This office is really pretty With that innovation comes security,
somehow weaken the environmental busy preparing for and responding to whether it be recognizing that we must
review process, but know that that is more and increasingly sophisticated do more to ensure that we have stable
not accurate. That is simply wrong. cyber threats. and secure supply chains through min-
The United States, right now, has Our innovation package builds on eral security, through the security
SSpencer on DSKBBXCHB2PROD with SENATE
one of the slowest permitting processes that effort through a bill called the that comes with protection of our grids
in the world—in the world. Some years PROTECT Act, which will enhance and protection from cyber threats,
back we were dead last; we were actu- cyber security defenses of grid assets modernization of our grids, and, again,
ally tied with Papua New Guinea. We by providing incentives, grants, and the security of the good jobs that come
do not have a permitting process that technical assistance for utilities to in- with a skilled workforce.
is the envy of anyone. It is entirely fair vest in cutting-edge technologies. So there is much to talk about in
to encourage agencies to do better, like The innovation package will also this good measure. Again, I encourage
their counterparts all around the allow all utilities and power producers, colleagues, we are in an amendment
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1455
process. Come to us with your com- new government powers over the inter- I have spent years calling for a bipar-
ments, your suggestions, your con- net using rules that were designed for tisan net neutrality bill that would ad-
cerns. Let’s work them out, but let’s telephone monopolies back during the dress concerns about blocking while
get an energy bill through the Senate, Great Depression. This opened a whole codifying a light-touch approach to
through the House, and signed into law host of new internet regulations, in- internet regulation. I am still waiting
by the President. cluding price regulations. for a Democratic partner on that legis-
I yield the floor. Unsurprisingly, the FCC’s move re- lation.
I suggest the absence of a quorum. sulted in a decline in broadband invest- While the current FCC has estab-
The PRESIDING OFFICER. The ment as companies saw the possibility lished a healthy approach to regula-
clerk will call the roll. of burdensome new regulations headed tion, a different administration could
The bill clerk proceeded to call the their way. That was bad news for return and, in the same way they did
roll. Americans, especially Americans in during the days of the Obama FCC,
Mr. THUNE. Mr. President, I ask rural States like my home State of slow down internet advances like 5G
unanimous consent that the order for South Dakota. and the expansion of broadband that is
the quorum call be rescinded. Getting broadband to rural commu- happening in rural communities across
The PRESIDING OFFICER (Mr. nities is already more challenging than the country.
CRAMER). Without objection, it is so or- installing broadband in cities or sub- I will continue to work for bipartisan
dered. urbs. The possibility of heavier regula- net neutrality legislation that ensures
NET NEUTRALITY tions acted as a further disincentive to that the government will not weigh
Mr. THUNE. Mr. President, 2 years expanding access. down the internet with unnecessary
ago at this time, we were hearing that Fast forward to 2017, and the Federal and heavyhanded regulations. I hope
the internet, as we know it, was going Communications Commission, under my Democratic colleagues will join me.
to disappear. On February 27, 2018, Sen- Chairman Pai, voted to repeal the I yield the floor.
ate Democrats sent a tweet warning heavyhanded internet regulations I suggest the absence of a quorum.
that Americans would be getting the passed by the Obama FCC. Democrats, The PRESIDING OFFICER. The
internet one word at a time. Why? Be- as I already mentioned, responded clerk will call the roll.
hysterically, predicting that the inter- The bill clerk proceeded to call the
cause the Federal Communications
net, as we knew it, would disappear. roll.
Commission had repealed heavyhanded, Mr. COTTON. Mr. President, I ask
Obama-era internet regulation. If we Providers, they warned, would slow
down internet speeds to a crawl and unanimous consent that the order for
didn’t immediately undo the FCC’s the quorum call be rescinded.
rules change, Democrats warned, the block access to desired content—ex-
cept, of course, none of that has hap- The PRESIDING OFFICER. Without
effects on internet access would be cat- objection, it is so ordered.
astrophic. pened.
Here is what actually has happened. CORONAVIRUS
Well, 2 years later, the internet, as Mr. COTTON. Mr. President, yester-
we know it, isn’t just still with us, it is Broadband investment has rebounded.
In 2018, private broadband investment day the Senate passed my resolution to
flourishing. Broadband access has ex- honor the life of Li Wenliang, the Chi-
panded; Americans are enjoying faster rose by $3 billion. Broadband access is
expanding. The FCC reports that in nese doctor who heroically tried to
internet speeds; and we are imple- warn his fellow citizens and the world
2018, ‘‘broadband providers, both small
menting 5G internet technology across about the Wuhan coronavirus late last
and large, deployed fiber networks to
the Nation, including in more rural year. Dr. Li tragically fell victim to
5.9 million new homes, the largest
places like South Dakota. that very disease but not before he was
It turns out the internet doesn’t fall number ever recorded.’’
Internet speeds have increased. victimized by his own government, the
apart without the heavy hand of gov- The Nation is poised for widespread Chinese Communist Party. Li was 34
ernment. In fact, it thrives. That adoption of the next generation of years old when he passed away of
should be an important lesson for us internet, which is 5G. All of this de- coronavirus on February 7. He had a
going forward. Historically speaking, spite light-touch government regula- wife, a young child, and another child
the Federal Government has taken a tion or, perhaps more accurately, be- on the way. His whole life was ahead of
light-touch approach to internet regu- cause of light-touch government regu- him, and now his wife is widowed, his
lation. The government largely stayed lation. child has no father, and his second
out of the internet’s way, and innova- At a time when Democrats are push- child will never know his father.
tion and creativity flourished, deliv- ing for government takeovers of every- As Li knew, when you become a doc-
ering nearly everything from Netflix to thing from our healthcare to our en- tor, you pledge to care for the sick and
weather apps, to Uber. But in 2014, the ergy choices, it is important to remem- the dying—whatever the hardships,
Obama administration decided it want- ber that a lot of times heavyhanded whatever the cost, whatever the risks
ed the Federal Government to start government involvement causes prob- to yourself. So when patients with a se-
regulating the internet more heavily, lems instead of solving them. Of vere pneumonia began appearing in
and in 2015, the Obama Federal Com- course, there is a place for government Li’s hospital late last year, he sounded
munications Commission passed the regulations, but more government in- the alarm to fellow doctors, and the
Open Internet Order, which dramati- volvement does not automatically Chinese Communist Party responded
cally expanded the Federal Govern- mean a better outcome. In fact, a lot of with lightning speed—not to contain
ment’s power over the internet in the the time it means the opposite. this epidemic but to intimidate Dr. Li
name of net neutrality. Giving the Federal Government more and attack his reputation.
Now, you might not know it from power over the internet not only didn’t Local Communist goons paid him a
Democrats’ rhetoric, but net neutrality help anything, it actually discouraged visit a few days later, forcing him to
is a concept that enjoys broad support the investment needed to ensure that retract his statements and apologize
in both parties. I support net neu- all Americans have access to reliable, for so-called illegal behavior. China’s
trality and rules that prevent blocking, high-speed internet service. Lifting the state media piled on, denouncing Li
throttling, or the paid prioritization of heavy hand of government regulation, and other whistleblowers as
internet traffic. I don’t think a major on the other hand, encouraged rumormongers who were spreading fear
service provider should be able to block broadband investment, which is result- among the Chinese people.
SSpencer on DSKBBXCHB2PROD with SENATE
a small new startup, and I don’t think ing in better internet access for more That has been the pattern of the Chi-
Netflix should be able to pay to have Americans. nese Communist Party’s response to
its search results appear before anyone If we want the internet to continue the coronavirus from the very begin-
else’s. to thrive and serve as an engine of eco- ning—first coverup and then catas-
What the Obama FCC did in 2015 went nomic innovation and advancement, we trophe.
far beyond net neutrality. In the name should ensure that the Federal Govern- When Chinese internet users flooded
of keeping the internet open to every- ment stays away from heavyhanded social media with indignation fol-
one, the Obama FCC asserted broad regulations. lowing Dr. Li’s death, their cries were
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S1456 CONGRESSIONAL RECORD — SENATE March 4, 2020
scrubbed from the internet by the Com- not believe the hype. The Chinese Com- Finally, give those people the free-
munist Party’s army of censors. munist Party lied from the very begin- dom to speak candidly about the dis-
When a Chinese human rights activ- ning of this outbreak, and it is lying ease that has devastated your nation.
ist called for Chairman Xi to step still. It is responsible for the scale of Do not stifle the next whistleblower,
down, he was detained and then dis- this virus outbreak around the world. the next doctor or nurse who speaks up
appeared. This outbreak didn’t happen in spite of to save the lives not just of their own
When Wall Street Journal columnist the Chinese Communist Party’s efforts people but of the people around the
Walter Russell Mead wrote a bracing to contain it; it happened because of world.
article about the Chinese Communist the Communist system of government. Here in America, only time will tell
Party’s failure to contain the Three months later, we still don’t how this virus will run its course. We
coronavirus, the Chinese Communists know how many people have been in- have many advantages, though, to help
kicked three of the paper’s reporters fected or killed by coronavirus on the us in this fight. We have the world’s
out of the country. Chinese mainland. All we have are best doctors, nurses, and healthcare
The Chinese Communist Party’s de- bogus statistics that just so happen to professionals. As important, we live in
ception has been so thorough that its track perfectly—perfectly—with the a republic that protects the liberty of
rare moments of candor, however obvi- Communist Party line day after day. our citizens and gives every American
ously helpful, have been quickly sup- I will cite just one example. Barron’s, the freedom to speak, to write, to dis-
pressed and punished. the financial publication, discovered sent, to sound an alarm—loudly sound
When the number of reported infec- that the official number of deaths an alarm—when we see something that
tions spiked upward due to an improve- could be predicted perfectly in ad- isn’t right and we think we can make
ment in data reporting, the party vance—in advance—in China using a it right.
purged local officials who were likely simple mathematical formula. This Tragically, for himself, for his fam-
responsible. coronavirus isn’t just contagious and ily, for the world, Dr. Li Wenliang en-
After Chinese scientists gave the deadly; it is good at math as well—if joyed no such freedom. Yet he still
world a headstart in developing a vac- you believe the Chinese Communist spoke up to try to save his neighbors
cine by publishing the disease’s genome Party. But that doesn’t just happen in and to save the world. For that he was
online, what happened? Were they nature. They are obviously cooking punished, and now he has passed.
given awards? Were they celebrated? their books. It is not hard to see why. May he rest in peace, and may his
No. Their lab was shut down the very China’s economy has ground to a halt. memories inspire other selfless heroes
next day. These scientists deserved The Chinese Communist Party is des- who will speak truth and hold the Chi-
awards. They deserved a medal. In- perate to restart it and avoid the first nese Communist Party to account, no
stead, they were given a professional contraction in the last 30 years, what- matter the cost.
death sentence. ever it may cost in lives of the Chinese I yield the floor.
The Chinese people have suffered people. If China is truly back to work, I suggest the absence of a quorum.
greatly from this coronavirus. They as the Chinese Communists claim, it is The PRESIDING OFFICER (Mr. ROM-
are, in fact, the first and the worst vic- only because it has employed Com- NEY).
tims of their own Communist govern- munist tactics that evoke the worst The clerk will call the roll.
ment. But now the whole world is suf- horrors of Soviet communism, from The senior assistant legislative clerk
fering with them. Just as the Bubonic Stalin’s 5-year plans to Leningrad in proceeded to call the roll.
plague spread to Europe via traders on 1943. Mr. DURBIN. Mr. President, I ask
the Silk Road, the Wuhan coronavirus After shutting down almost half the unanimous consent that the order for
is traveling China’s new Silk Road. It country’s factories to stop the spread the quorum call be rescinded.
turns out that the Belt and Road Ini- of coronavirus, the Chinese Communist The PRESIDING OFFICER (Mr.
tiative exports not just China’s money Party is opening them again, barely 1 PERDUE). Without objection, it is so or-
and Chinese debt but China’s viruses as month later. Investors around the dered.
well as its repression. It threatens not world beware: That decision is moti- BIPARTISAN BACKGROUND CHECKS
only economies around the world; it vated not by confidence but by despera- Mr. DURBIN. Mr. President, on aver-
threatens peoples around the world. tion. It will almost certainly lead to age, we lose 100 Americans every single
Right next door to China, Iran is suf- more outbreaks as workers congregate day to firearms.
fering a devastating outbreak of the on crowded subways and factory floors, Last week marked 1 year since the
coronavirus. Birds of a feather flock to- all because the Chinese Communist House of Representatives passed H.R. 8.
gether, I would have to add. The Party mandarins, living safely behind It was a bipartisan bill. Both Demo-
mullahs in Tehran have emulated the armed guards and walls in Beijing, de- crats and Republicans supported it.
Chinese Communist Party’s shameful cided that hitting their growth target The bill stood for a very basic propo-
response to coronavirus, first denying was more important than the peasants’ sition, and the proposition is this:
and then downplaying the outbreak lives. Whatever your constitutional rights or
until it was no longer possible to ig- When I first called for travel restric- God-given rights—if you make that ar-
nore the bodies stacking up in clinics, tions on China back in late January, gument—to a firearm might be, we as a
a mysterious sickness spreading Dr. Li was still alive and the society cannot allow people who are
through the Cabinet of Iran’s Govern- coronavirus was, thankfully, far from convicted felons or who are shown to
ment itself. our shores. Tragically, it is now a glob- be mentally unstable to legally buy
Remember the suffering people in al disease, and we have to do all we can firearms in this country. We are sup-
these countries when you hear trium- to arrest its spread. posed to have background checks to
phant, self-congratulatory messages The most vital thing China can do is make sure this doesn’t happen. It turns
coming from Chinese propaganda rags still be fully open and transparent out that more than one out of five fire-
like Global Times and China Daily—or about the origins and extent of the arms are sold in America without there
even the World Health Organization, coronavirus. having been background checks on the
which, I have to say, seems more inter- I say to the Chinese Communist purchasers.
ested in protecting the feelings of the Party: Stop hiding behind your fake So H.R. 8, this bipartisan bill, passed
Chinese Communist Party than pro- numbers and politically correct bu- the House to close the gaps in our
SSpencer on DSKBBXCHB2PROD with SENATE
tecting the health of people around the reaucrats at the World Health Organi- background system. What kind of gaps
world. China’s propagandists are re- zation. Let truly independent experts are we talking about? We have terrible
portedly hard at work on a book exon- into Wuhan to investigate this virus. gun violence in the city of Chicago.
erating Chairman Xi for his negligent The United States has offered repeat- Some of the critics of Chicago like to
response to this virus. edly—repeatedly—to send a team and say: You have the toughest gun laws
The official line is that the would do so tomorrow if you would just and the most gun deaths. Well, they
coronavirus is contained and China is have the humanity to let them in and don’t tell you the whole story. Many of
back to work, but don’t believe it. Do help save your own people. those guns start off not in Chicago and
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1457
not in Illinois but at gun shows in Obviously, the majority leader needs opportunity to tackle a decadelong leg-
Northwest Indiana, where they are sold to be persuaded, and 90 percent of islative slump on these issues.
sometimes in volume without there America is not enough. It is a common- The American Energy Innovation Act
being any background checks made on sense, bipartisan step we should take, seeks to modernize our electrical grid,
the purchasers. consistent with constitutional rights support research into advanced energy
It has been 1 year of nothing in the but consistent, as well, with common technology, and improve energy effi-
U.S. Senate in responding to this na- sense. ciency in buildings across America.
tional crisis—not one thing. It is with- I can’t explain why the Senate Re- Through significant bipartisan effort,
in the power of the majority leader, publicans will not take up a bipartisan, my colleagues have constructed a
Republican Senator MITCH MCCONNELL, House-passed bill that is so overwhelm- package that starts to address one of
of Kentucky, to at least let us address ingly supported, even by Republicans. America’s most pressing issues—energy
the issue and debate it. There are literally hundreds of bills, for our future.
He has a majority. Nothing is going which have passed the House of Rep- Although the bill contains provisions
to pass here without Republican sup- resentatives, gathering dust on the that support innovation and research
port. We know that. But don’t the Senate desk, and this is one of them. at the Department of Energy, I have to
American people deserve a debate? One These bills deal with issues like reduc- say I think we can do more. We need
man, the Republican majority leader, ing the cost of prescription drugs, pro- more robust support for basic science
says no. He styles himself as the Grim tecting the pensions of working Ameri- research—the kind of research that
Reaper of the Senate. He takes pride in cans and retired Americans, securing costs too much and takes too long for
the fact that he has killed hundreds of our elections from foreign interference, private companies to undertake on
bills passed by the House that will and, of course, reducing gun violence. their own.
never, ever see the light of day in the Time and again, whether it is new
They all wait on the desk of the Sen-
U.S. Senate. medicine, new medical devices, or new
ator who styles himself the Grim Reap-
Well, I can tell the Senator from energy policy, the Federal Government
er.
Kentucky that after attending so many has shown the real leadership in basic
There have been too many excuses
funerals, after giving heartbreaking research.
for inaction. There is plenty of time, as
We are at risk of no longer leading
sympathy to the families of those who you can tell, on the Senate floor for us the world in cutting-edge research be-
have lost their children and loved ones, to roll up our sleeves and actually leg- cause our generation is not adequately
after hearing about so many mass islate, and when it comes to gun vio- funding basic science. We are living off
shootings—mass shootings that should lence, the cost of inaction is dev- the achievements of previous genera-
shock our conscience—aren’t we astating—100 Americans a day. tions. We are not leaving the world of
shocked when people just go to a movie It is time for Senator MCCONNELL to
our children and grandchildren better
theater in Colorado and are gunned call up H.R. 8, the Bipartisan Back- for the research we are doing today—at
down as they watch a movie? Aren’t we ground Checks Act, and have this Sen- least not as much as we should. That is
shocked when a crowd in Las Vegas ate actually debate an issue and actu- why I put forth an amendment to this
just wants to enjoy a country western ally vote on an issue that can make a bill to increase funding for the Depart-
concert and they are gunned down? real difference in America. ment of Energy’s Office of Science by 5
Weren’t we shocked at a high school in S. 2657
percent real growth—that is 5 percent
Florida or a first grade classroom in Mr. President, I will commend the over inflation—each year for the next 5
Connecticut when mass shootings take majority leader and Senator MUR- years.
place? KOWSKI of Alaska for doing something This amendment will provide more
What will it take, America? What that is out of the ordinary. There is a than $43 billion over 5 years for basic
will it take for this Senate, what will bill pending before the Senate on the research in energy technology and
it take for this majority leader to real- issue of American’s energy policy. You close a funding gap that has stunted
ize enough is enough? see, last year on floor of the U.S. Sen- some of DOE’s most important
I believe in Second Amendment ate—this deliberative body that has projects.
rights to bear arms for those who buy been honored throughout history for Think for a moment about electric
them legally, use them and store them the great debates that have taken vehicles. Commonly now, their range of
responsibly, whether it is for self-de- place here—last year, during the entire mileage is 200 to 300 miles. What if we
fense, sport, or hunting. But none of calendar year, the Senate considered doubled or tripled that number? Would
the people who come to me and argue only 22 amendments in the entire year. it change the attitude of the public
this issue are arguing for convicted fel- I have served here for a while. I can about using electric vehicles and re-
ons and mentally unstable people to never remember a time when there was ducing pollution? I think there is no
buy a firearm. We need them to stand so little activity on the floor of the doubt that it would.
with us and to stand with law enforce- U.S. Senate. This investment in research will pay
ment, who are often the victims of Well, I want to commend Senator off. It will strengthen the Energy bill
these firearms, to make this a safer na- MURKOWSKI. She has started us off this and help move us into the 21st century
tion. year, I hope, with an indication that in a leadership position where the
There are obvious gaps in the Federal things might change. United States should be.
gun laws that make it easy for felons, This Energy bill before us is going to While my amendment addresses one
abusers, and mentally unstable people be hotly debated. I am not going to priority to enhance the American En-
to get their hands on guns and hurt in- agree with every provision, but that ergy Innovation Act, a larger question
nocent people. Loopholes in the back- isn’t required of it. What is required is remains. It is fundamental and basic:
ground check system, like the gun to bring a measure forward, debate it, How does this bill on energy address
show loophole I mentioned and one I compromise where you can, and come the existential threat of climate
haven’t mentioned—the loophole on up with the best product you can come change? We should ask that about
the internet, where there is no real up with. every bill that comes across the floor—
background check whatsoever—ac- Congress has not passed major en- certainly a bill talking about the fu-
count for massive sales of firearms ergy legislation since the year 2009. ture of energy.
each year in the United States. Over 10 years have passed. Has the en- My colleagues have worked to im-
SSpencer on DSKBBXCHB2PROD with SENATE
The House-passed Bipartisan Back- ergy picture in America changed in 10 prove energy efficiency and fund inno-
ground Checks Act would close these years? Of course. Has the environ- vation. I support both of those efforts.
gaps in the background check system. mental picture changed? We know it But this bill does not honestly and ag-
Around 90 percent of Americans sup- has. gressively deal with climate change.
port the proposals in this bill—90 per- President Obama, in 2009, in a stim- Unfortunately, facing the global
cent of them. It is good enough for ulus package, included critical tax threat of warming will require more
America, but not good enough for the credits for renewable energy like wind than just faith and technology. Cli-
Senate. and solar. This week’s debate marks an mate change impacts every sector of
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S1458 CONGRESSIONAL RECORD — SENATE March 4, 2020
American life. It is well past time that this issue requires an immediate reduc- $2.2 billion is for the Centers for Dis-
we deal with solutions that can prom- tion in carbon emissions, massive in- ease Control, which the Presiding Offi-
ise our kids and grandkids a habitable vestments in resilience and clean en- cer is very familiar with because it is
planet. ergy technology, and a willingness to located in Atlanta, GA, including, no
According to the climatologist in my take this threat seriously. less than $950 million—just short of a
State of Illinois, as a result of climate Climate change makes the normal billion—to help States and local gov-
change, Illinois faces higher tempera- disasters in America that much worse. ernments prevent and combat the
tures and more frequent, intense rain- It increases their frequency and their spread of the virus.
fall than at any other time in our intensity, and it is devastating to the Now, $836 million will go to the Na-
State’s history. That is over 200 years. most vulnerable people and businesses tional Institutes of Health to, among
Our farmers have seen it. Last year, in America. other things, train healthcare workers
increased precipitation between April I support efforts like the bill before on the frontlines and to develop
and June literally crippled our farmers us—the American Energy Innovation diagnostics, therapeutics, and vaccines
when it came to planting and left Act—that take small steps toward ad- related to the virus. And $61 million
them, many times, with fields that dressing climate change, but this prob- will support the Food and Drug Admin-
were not productive. lem calls for a much larger commit- istration’s role in approving such prod-
We have seen it in the city of Chi- ment, not just by the Senate and the ucts for the American people.
cago. In January, there were waves as House and by the President, but cer- Now, $3.1 billion of this package is
high as 20 feet pummeling the Lake tainly by the American people. We for the Public Health and Social Serv-
Michigan shoreline of Chicago and ices Emergency Fund, among other
have it within our power, if we have
things, to supplement the Strategic
flooding our coastal communities. the will, to deal with this challenge.
During the summer, record tempera- Research, technology, and a willing- National Stockpile here; to develop
and purchase diagnostics, therapeutics,
tures in Chicago last year threatened ness to make a sacrifice for future gen-
and vaccines; to provide resources for
the elderly with heat stroke and kept erations is all it takes. We can put that
community health centers; and to help
many kids behind doors. Even the package together on a bipartisan basis.
hospitals and help systems adapt and
Trump administration has seen it. De- I yield the floor.
respond if this crisis grows.
spite the President’s denial of climate I suggest the absence of a quorum.
Another $300 million is made avail-
change, people within his administra- The PRESIDING OFFICER. The
able for the purchase of additional
tion spoke up. clerk will call the roll.
diagnostics, therapeutics, and vaccines,
In November of 2018, the ‘‘Fourth Na- The bill clerk proceeded to call the
should further need arise—in other
tional Climate Assessment’’ reported roll.
words, a contingency.
that American economic losses could Mr. SHELBY. Mr. President, I ask Finally, to fight the spread of the
reach hundreds of billions of dollars by unanimous consent that the order for virus abroad, which we have to do, $1.25
the end of the century as a result of the quorum call be rescinded. billion is provided to the State Depart-
climate change. The PRESIDING OFFICER. Without ment and USAID to continue their
For decades, scientists have warned objection, it is so ordered. work with our international partners.
us about this threat, and now we can CORONAVIRUS We have listened carefully to the
see it in our lives almost every day. Mr. SHELBY. Mr. President, the agencies and the experts on the
As the Senate considers energy legis- American people are apprehensive frontlines in crafting this package.
lation, we do the American people a about the spread of the coronavirus in Vice President PENCE has also been
great disservice by failing to seriously the United States and abroad, as we very helpful in this effort, and I appre-
address climate change. That is why I can always remember. Global financial ciate President Trump’s eagerness to
have been working on an approach that markets are on edge. Both are resil- sign this legislation.
I think has some promise. ient, but vigorous action, I believe, is I also take a moment to thank Lead-
Let’s look back at history, to the needed to calm nerves, stabilize the ers MCCONNELL and SCHUMER, Vice
1930s. The United States faced a dif- situation, and get our arms around this Chairman LEAHY of the Appropriations
ferent existential crisis called the crisis. I believe Congress must marshal Committee, Chairwoman LOWEY, chair
Great Depression. At that time, Frank- the resources necessary for an aggres- of the House Appropriations Com-
lin Delano Roosevelt established the sive, comprehensive, and swift re- mittee, and Ranking Member GRANGER
Reconstruction Finance Corporation. sponse. for all of us coming together to do the
This was an agency that issued low-in- I am pleased to report to my col- right thing for the American people.
terest loans and harnessed investment leagues this afternoon that we, with We face this crisis together. We are
across the economy. The RFC, as it the House and leadership on both sides, fighting it together. Ultimately, I be-
was known, became a critical lifeline have reached a bipartisan, bicameral lieve we will prevail together, but now
for the U.S. economy, and its catch-all agreement on an emergency supple- is the time for action. The House will
approach to investment spurred us into mental appropriations package to do act first. All indications are they will
a recovery. just that. The agreement provides a pass it swiftly—this package. I hope so.
Though climate change represents a When this package arrives in the
surge in funding at every level, as I
Senate, I would urge my colleagues to
different set of challenges than the have advocated for—local, State, Fed-
do the same so we can get help to those
Great Depression, the RFC model eral, and international—to meet the
who need it and ease some of the anx-
shows us an example of a broad strat- growing challenge that we face.
iety stemming from this outbreak. I
egy needed to combat existential The total amount included in the
think we owe it to the American people
threats to our Nation. We need to take package is $7.76 billion, a little under
to do no less.
immediate action to decrease green- $8 billion. We arrived at that figure by I yield the floor.
house grass emissions and limit going back to the agencies—the NIH, I suggest the absence of a quorum.
human-induced global warming. the Centers for Disease Control, and so The PRESIDING OFFICER. The
According to the EPA, in 2018, the forth. We asked: What do you need? clerk will call the roll.
United States emitted more than 5.2 What do you think you would need if The senior assistant legislative clerk
billion tons of carbon dioxide—a 3.2- this virus really spreads? We wanted to proceeded to call the roll.
percent increase over the previous make sure that they had the tools and Mr. LEAHY. Madam President, I ask
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year. We are moving in the wrong di- the resources and that we would not unanimous consent that the order for
rection. shortchange the American people in the quorum call be rescinded.
Clearly, this administration’s strat- any way. The PRESIDING OFFICER (Mrs.
egy of removing the United States So the $7.76 billion, we have been told LOEFFLER). Without objection, it is so
from the Paris climate accord and by the people who know, should be suf- ordered.
skirting around climate change is one ficient. We hope it is. Nearly 85 percent CORONAVIRUS
that is not helping us address this issue of this funding will be spent right here Mr. LEAHY. Madam President,
successfully and effectively. Tackling in the United States—85 percent. And Chairman SHELBY just spoke. He and I
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1459
have worked so hard together on the help contain the spread of the guiding hand. That is what we have to
Appropriations Committee on the coronvirus abroad. Let’s be realistic. do now.
emergency coronavirus supplemental At a time when communicable diseases I am pleased that the House measure
request. I have always enjoyed working are only an airplane flight away, that does not include legislation related to
with Chairman SHELBY, and I am is a recipe for failure. If we can stop extending FISA, the Foreign Intel-
pleased we can announce that we have this before it gets to our borders, why ligence Surveillance Act. We have had
reached a bipartisan, bicameral agree- shouldn’t we work with other countries months to deal with that controversial
ment on an emergency supplemental to to do that? So, we instead provide $1.25 legislation. It has no place on urgent
address the spread of the novel billion in new resources for the global funding legislation to combat the cur-
coronavirus and protect the health and health response, provide humanitarian rent health situation.
safety of the American people. So I assistance, and secure funding for I am confident we can, once again,
thank my friend Chairman SHELBY, emergency evacuations of U.S. citizens, put aside partisan squabbles and help
Chairwoman LOWEY of the other body, if needed. to lead our Nation forward. Taking up
and Ranking Member GRANGER for We provide $2.2 billion to support this agreement as soon as possible is
their cooperation. Federal, State, and local public health the first step.
I think one of the things I found dur- agencies to prevent, prepare for, and I will work with Chairman SHELBY.
ing my time on the Appropriations respond to the coronavirus. The funds The two of us will work together to
Committee is that we tend to leave our will support laboratory testing and shepherd this bipartisan, bicameral
labels at the door. We worked together. monitoring, infection control, and pub- agreement through the Senate and to
We did not see each other as Repub- lic health preparedness. Again, we are the President.
I would note—and I will speak fur-
licans and Democrats. We looked at taking this completely out of politics
ther on this later on—that there are an
each other as Members of the House and going to where our best people are
awful lot of members of our staffs, both
and the Senate trying to get this done. who need the resources to address this
Republican and Democratic, who have
I urge both the majority leader and the crisis. I talked about some of the need
worked and worked and worked late
Democratic leader to move as quickly for help with the Governor of our
nights, worked weekends, and worked
as possible, once the House acts today, State, who is a Republican, and we
on days off to get us here. I applaud the
to get this agreement to the Presi- worked very, very closely together. I
men and women who have done that.
dent’s desk. applaud what he has been doing to pre- I see my distinguished colleague on
As I said last weekend, there is no pare for this virus. the floor, so I will yield the floor.
reason why we cannot and should not Our agreement is going to provide The PRESIDING OFFICER. The Sen-
finish this bill this week and get it more than $3 billion for research and ator from Wyoming.
down to the President for signing. If we development of vaccines, therapeutics, AMERICA’S TRANSPORTATION INFRASTRUCTURE
have to work Friday or even Saturday, and diagnostics to prevent or treat the ACT
let’s get it done and get it done now. effects of coronavirus. We are going to Mr. BARRASSO. Madam President, I
Now, what the House of Representa- include provisions to ensure that vac- come to the floor today to address
tives is debating today is vastly dif- cines developed with the support of America’s aging roads and bridges.
ferent from the $1.25 billion grossly in- Federal dollars—our tax dollars—re- Our highways are in need of repair all
adequate proposal from the Trump ad- main affordable to those most in need. across the country. In some places, we
ministration that was sent to Congress The taxpayers pay for it. They should actually need to rebuild new roads.
just 9 days ago. This was so poorly not have to pay for it a second time be- That is why I, along with Senators
thought out that both Republicans and cause a large company wants to make CARPER, CAPITO, and CARDIN, have in-
Democrats said it made no sense. a huge profit. In fact, we provide near- troduced America’s Infrastructure Act.
Where President Trump’s proposal ly $1 billion for healthcare prepared- This bipartisan legislation is going to
would rob Peter to pay Paul by steal- ness, the procurement of pharma- make a significant investment in our
ing hundreds of millions of dollars from ceuticals and medical supplies and roads, in our bridges, and in our tun-
funds meant to contain an ongoing funding to support community health nels. It will fund our highways at his-
Ebola crisis and take money from pro- centers, which provide healthcare to so toric levels.
grams the American people rely on, many in our underserved urban areas These investments are critical, but
like the low-income heating assistance and rural communities. just as critical is speeding up govern-
program, LIHEAP, our agreement pro- We provide $61 million to the Food ment’s approvals for important road
vides $7.8 billion in new emergency and Drug Administration to facilitate projects.
funding to address this crisis without the development of new therapies and Last Congress, the Environment and
raiding these important programs. We vaccines to combat the coronavirus but Public Works Committee, which I
cannot just turn our backs on funding also to mitigate the potential medical chair, heard testimony about a high-
to address the ongoing Ebola crisis. supply chain interruptions. way project in my home State of Wyo-
And millions of Amricans rely on Importantly, this agreement includes ming. The project took a decade—a full
programs like LIHEAP. I would invite $7 billion in small business disaster 10 years—to get the required permits—
any of those from the White House who loans. What is happening can really hit one after another after another—but
think we do not need this heating as- the small businesses, which are the then it only took a couple of months to
sistance in places like my home state backbone of America’s economy. We get the project done. It is a project
of Vermont, where just a few days ago have this money, the small business that is going to make our roads safer
it was 10 below zero. disaster loans, to help mitigate the and more efficient, which was the
Our agreement does not rob Peter to economic impact of the spread of the whole desired effect of this project. It
pay Paul. We are not stealing hundreds coronavirus in the United States. was held up because of 10 years of wait-
of millions of dollars from funds meant When we confront this widening cri- ing for Washington permits. A decade
to contain an ongoing Ebola crisis but sis, it is important to remember that to permit, months to build—any Amer-
simply providing $7.8 billion in new we are not doing it as Republicans or ican with common sense knows that is
emergency funding to address this cri- Democrats seeking to score political absurd. America’s Transportation In-
sis without raiding those important points in addressing this threat. It is frastructure Act cuts through Wash-
programs. not something for the Republican ington redtape so projects can get done
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We also include a $500 million author- Party or the Democratic Party to deal faster, better, cheaper, and smarter.
ization to enhance the availability of with. We should deal with it as who we That is key.
telehealth services—something that are. We are Americans, and we are U.S. We used President Trump’s One Fed-
could be so helpful in virtually every Senators. One hundred of us have to eral Decision policy as a model. It is a
one of our States. speak to our own conscience. At times great plan, a great policy put forward
We also reject the President’s ex- of crisis in our Nation’s history, the by the President. Under the policy, the
treme ‘‘America First’’ mantra that Senate has proven its ability to be the President has set a goal for his admin-
would include nothing for USAID to conscience of the Nation and a steady istration of completing environmental
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S1460 CONGRESSIONAL RECORD — SENATE March 4, 2020
reviews within 2 years. It is a goal I ab- I will ask unanimous consent of my harder for people to buy guns who
solutely applaud. Our legislation will colleagues that the Senate proceed to shouldn’t have them because of a seri-
codify key elements of that policy into the immediate consideration of Cal- ous history of mental illness or because
law. endar No. 29, H.R. 8, the Bipartisan of their criminal background, you will
The bill will streamline duplicative Background Checks Act; I further ask have less suicides. Many of these are
requirements by many different Fed- that the bill be considered read a third homicides, and many of these are acci-
eral agencies on the same project. The time and passed, and the motion to re- dental shootings. All of them are pre-
permitting process will be simplified consider be considered made and laid ventable by better policy.
and will occur faster. upon the table, with no intervening ac- Remember, this happens in the
Our bill also gives States increased tion or debate. United States and nowhere else in the
flexibility—something States want. So The PRESIDING OFFICER. Is there advanced-income world. It is not be-
Federal approvals can get moving and objection? cause we have more mental illness in
the project construction can get start- The Senator from Wyoming. the United States. There is no evidence
ed sooner. It reduces the amount of pa- Mr. ENZI. Mr. President, reserving of that. It is not because our kids play
perwork needed from States to com- the right to object, if this unanimous more video games in the United States.
plete the projects. It is unacceptable consent were passed without a vote or There is no evidence of that. It is not
that the Federal Government would even debate, that would become law. because we spend less money on law en-
hold up State projects and put drivers Passage of this request could infringe forcement. There is no evidence of
at risk. Washington should never on the constitutional right of my con- that. It is because this country is
prioritize paperwork, which is what stituents and many others across the awash in illegal and dangerous guns. It
Washington tends to do—prioritize pa- United States. I believe firmly that is because we have made a choice to
perwork over people’s safety. would be the case and could even result make it a lot easier for some to find a
America’s Transportation Infrastruc- in criminal charges against law-abid- way to a lethal firearm to commit an
ture Act cuts redtape. It makes safety ing firearms owners. So I object. act of violence.
a top priority. The PRESIDING OFFICER. Objec- Every single one of the 100 persons
Our legislation is bipartisan, passing who die every day is attached to fami-
tion is heard.
the Environment and Public Works The Senator from Connecticut. lies and friends and neighbors. The
Committee unanimously, 21 to 0. Mr. MURPHY. I am sorry to hear the data suggests that for everybody who
President Trump called on Congress
objection. It is obviously not sur- is killed in a gun homicide, there are 20
to pass the bill. He did it during his
prising. We have been waiting for a other people who experience some kind
State of the Union Address last month.
This legislation is a win for the en- year for this body to act on the issue of of life-altering, diagnosable trauma be-
tire country. The time is now to pass gun violence. And though there are a cause of it.
America’s Transportation Infrastruc- range of measures that may actually I want to tell you a few of these sto-
ture Act so we can reduce the pun- be controversial, this is not one of ries today—stories of people who over
ishing and costly regulations and then them. This is not one of them. the last year have been among this sta-
It is really hard to find folks in tistic—40,000 people who died from gun-
do the important work of improving
America who object to the idea that shot wounds. In March 2019, 1 month
highway projects so that they can get
somebody should have to prove that after H.R. 8 got to the Senate, Shelby
built.
I yield the floor. they are not a criminal, that they Verderosa was home with her 6-month-
I suggest the absence of a quorum. don’t have a history of serious mental old daughter when she was shot and
The PRESIDING OFFICER. The illness, before they purchase a firearm. killed in Phoenix, AZ. As a new mom,
clerk will call the roll. The fact is, the longer we wait, the Shelby ‘‘was doing everything she pos-
The senior assistant legislative clerk more people die. There is no piece of sibly could to make sure her daughter
proceeded to call the roll. legislation that is going to eliminate had the best life,’’ said her cousin. One
Mr. MURPHY. Mr. President, I ask every single gun death in this country. month after H.R. 8 passed the Senate,
unanimous consent that the order for In my State of Connecticut, when we she was shot and killed when she was
the quorum call be rescinded. passed the universal background home with her 6-month-old daughter.
The PRESIDING OFFICER (Mr. COT- checks law, we saw an immediate 40- Lamar Sharp was at a picnic in Kan-
TON). Without objection, it is so or- percent reduction in gun homicides. sas City in April—2 months after H.R.
dered. In Missouri, when they repealed their 8 got here to the Senate—when he
UNANIMOUS CONSENT REQUEST—H.R. 8 universal background checks law, they heard gunshots. Instead of running
Mr. MURPHY. Mr. President, I am saw an immediate 25-percent increase. away from the gunshots toward safety,
coming to the floor today as we have That is the short-term immediate he ran to save his friend’s 2-year-old
just passed the 1-year mark since H.R. rate of return—both on the upside and grandson, and he was shot three times.
8, the Bipartisan Background Checks the downside—you get when you take He died 5 days before his 32nd birthday,
Act, passed the House of Representa- steps to ensure that criminals don’t get 2 months after H.R. 8 got to the Senate
tives. This is a piece of legislation sup- guns or you take steps to make it easy floor.
ported by 90 percent of the American for criminals to get guns. In May, 3 months after the back-
public. It is hard for anything to enjoy Senator BLUMENTHAL is on the floor ground checks bill got to the Senate,
90 percent support in this country with me as well, and he will make re- three LGBTQ+ young people were shot
these days. marks. I have been unable to persuade in Detroit. Alunte Davis, Timothy
The data shows us that this is a piece my colleagues, based on the data, that Blancher, and Paris Cameron were
of legislation that, if enacted, would we should pass background checks—the known for being funny. They were
save lives. We have begged and pleaded data being the broad public support for known for being wildly charismatic.
for this piece of legislation to come be- the measure, the data being about the Police believe their sexual orientation
fore the Senate. I understand that impact on people’s lives that this piece and gender identity were factors in
there may not be 60 votes in the Senate of legislation would have. their murders.
to pass the exact piece of legislation I want to make the case that, just A month later, 4 months after H.R. 8
supported by the House, but we could from the simple standpoint of human- got here to the Senate, Durelle Moxley
engage in a process of amendment, a ity, we should care about listening to was killed on Father’s Day when a
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process of compromise, and that could the American public and passing legis- shooting broke out in his neighbor-
end up saving lives and getting a piece lation that will reduce these numbers. hood. Durelle and his wife had three
of legislation passed that is supported, This is heartbreaking. Some 39,000 peo- young children. His friends said:
as I mentioned, by 9 out of 10 Ameri- ple a year are dying from gunshot He was really proud to be a father. He was
cans. wounds, with 3,011 on average a month pumped and he was really celebrating Fa-
I have some remarks after what I ex- and 100 a day. ther’s Day.
pect will be an objection to my motion The majority of these are suicides, In July, 5 months after H.R. 8 got to
from the majority party. but the data tells us that by making it the Senate, 5 months after sitting on
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1461
MITCH MCCONNELL’s desk, awaiting ac- give up because of what we have been has grown in the wake of that tragedy.
tion, Julianna Carr was killed by her through in Connecticut, having experi- Of course, Brady existed before Sandy
brother in a murder-suicide at a house- enced and lived through the aftermath Hook, but afterward, there was Sandy
warming party in Katy, TX. She left of the horrific shooting in Sandy Hook, Hook Promise and Newtown Action Al-
behind a husband and two children but also because of what we see hap- liance. Connecticut Against Gun Vio-
whom she called her ‘‘greatest loves.’’ pening every single day in places we lence expanded, Moms Demand Action,
Jurnee Thompson was 8 years old represent—murders that happen in Students Demand Action, Everytown
when she was shot in August, 6 months Hartford and Bridgeport and New for Gun Safety, Gifford—the list re-
after the Senate got H.R. 8—6 months Haven, murders that happen in rural flects the outrage and fear of the
of doing nothing on a bill with 90 per- areas of our State, as well—accidental American public against this epidemic.
cent public support. Jurnee was the shootings, homicides, suicides. No- I am here to talk about an epidemic,
14th child to be shot and killed in St. where else, other than in the United a public health menace. Of course, we
Louis alone last summer. Her dad says States, does this epidemic of carnage must do something to take effective
losing her was ‘‘one of the biggest fears happen at this rate. It happens because action and do it promptly against
of my life and now I’m living it as a re- we have made a choice. We have made coronavirus, COVID–19, which also re-
ality.’’ a choice to let the gun industry run flects a threat to our health and safety.
In September, 7 months after H.R. 8 Washington, DC, to give them veto It has already killed Americans. It
showed up in the Senate and the Sen- power over gun policy that has helped threatens to spread. There is a need for
ate did nothing with it, Usher Hanns their bottom line, that has made gun preparedness and honesty and truthful-
was 17 years old when he was shot and company executives rich. But it has re- ness to the American public about the
killed. He was a senior at Weaver High sulted in 40,000 people a year dying—100 extent of the threat and about the need
School in Connecticut. He was a mem- a day. for action.
ber of Hartford’s Proud Drill, Drum, I will continue to come to the floor Gun violence today in America—just
and Dance Corp. His mom said he was and tell the stories of those who have today and every day in America—kills
‘‘a good son. He always made me smile. been lost. I am deeply sorry that when more than 100 people. That number re-
He’s a joyful kid.’’ we try to bring up unanimous consent flects only the fatalities. It is no meas-
Deirdre Zaccardi was murdered by requests to the Senate to have a debate ure of the people who are injured,
her husband Joseph in Abington, PA, in or a vote on H.R. 8, we keep hearing ob- sometimes crippled for life, and often
October, 8 months after H.R. 8 got to jections. emotionally damaged. It fails to reflect
the Senate. He also shot their three We don’t run the Senate. Democrats the families who suffer those losses and
children, Alexis, Nathaniel, and Kath- are not in charge. We don’t get to set the trauma that affects children who
ryn, before turning the gun on himself. the agenda. MITCH MCCONNELL, Senator are truly innocent bystanders to the
The Abington police chief said their MCCONNELL, does; Republicans who are drive-by shootings in downtown Hart-
deaths were ‘‘a horrific event no one ford or Bridgeport or New Haven.
part of leadership do. All you have to
Literally, no community in America
should ever see.’’ do is bring this bill to the floor. Let’s
Nine months after H.R. 8 got here in is immune from this public health epi-
have a debate on an expanded back- demic, this menace that afflicts Amer-
November, Gracie Ann Muehlberger ground checks proposal. ica unlike any other country in the
was shot by a classmate with a semi- I get that the version of the bill that
world. Globalization has affected many
automatic, untraceable ‘‘ghost gun’’ in passed the House might not have 60
public health threats, as we are learn-
Santa Clarita, CA. Hundreds attended votes here, but why don’t we try to find
ing about coronavirus. But America is
Gracie’s memorial service. Her friends common ground? Why don’t we sit unique in the magnitude of its gun vio-
described her as an ‘‘independent spir- down and do what the Senate used to lence epidemic, as my colleague Sen-
it.’’ do and find compromise that makes the ator MURPHY has said so well.
In December, 10 months after the country a better place? The fact that The costs are not just in human lives
House passed H.R. 8—10 months of we aren’t even trying to find bipartisan and emotion. Even if you care nothing
doing nothing with it here in the Sen- agreement on a background checks about the human condition, think
ate—Sergeant Chris Brewster was re- proposal is absolutely heartbreaking, about the dollars and cents—the costs,
sponding to a domestic violence call in not just to me or to Senator the medical care, and, of course, the
Houston. When he got there, he was BLUMENTHAL; it is heartbreaking to the talent and energy, the intelligence, the
shot by a suspect fleeing the scene. He survivors and the family members of productivity that is lost literally every
was a devoted husband who loved mak- the folks who aren’t with us any day in those 100 lives. There is no vac-
ing people laugh. Friends described longer. It is an insult to them that we cine. There is no panacea. There is no
him as ‘‘wonderfully weird.’’ are not even lifting a finger to try to magic cure for this epidemic.
In January, 11 months after H.R. 8 make this country a safer place. The bill that brings us here today is
got to the Senate, Gregory Rieves was I yield the floor. just one piece of legislation, one tool
killed. He had retired after 22 years as The PRESIDING OFFICER. The Sen- that is vitally necessary, but it is only
a State trooper, a career that he called ator from Connecticut. one step. It will not solve all of the
his dream job. He was killed in Illinois. Mr. BLUMENTHAL. Mr. President, I problems of gun violence, but we know
His friends described him as ‘‘the most am honored to join my colleague and it will save lives. We know it from our
gentle, kind-hearted person you could friend, Senator MURPHY. experience in Connecticut. We know
ever know.’’ First, let me thank him for his lead- this enforcement mechanism will keep
In February of this year, two sisters, ership. We have worked together as a guns out of the hands of dangerous peo-
Abbaney and Deja Matts, were shot by team. We have been partners in this ef- ple.
Abbaney’s ex-boyfriend in a dormitory fort from the very first days of our It adds no new prohibitions. It im-
in Commerce, TX. ‘‘I just want people elections, and we were together at poses no new categories of people who
to know they were fun,’’ said their Sandy Hook on the afternoon of De- are prohibited from buying guns. Those
mom. cember 14, 2012, when we saw and met categories and those prohibitions are
Just last week in Milwaukee, almost many of the families who suffered that already in the Federal law. This back-
exactly a year since H.R. 8 came to the absolutely unspeakable loss in an un- ground check expansion to all sales—
Senate, five people were shot on the imaginable tragedy that haunts us not just federally licensed deals but
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campus of Molson Coors. People who both to this day. private sales, sales on the internet—is
went to work on a normal Wednesday Just this morning, as a matter of simply a way to enforce the existing
and whose families will never get to fact, I was with one of the dads, Mark prohibitions, which were supported, by
hug them or tell them goodbye or hear Barden, who has turned his grief into the way, by the NRA when they were
their voices again were shot and killed tremendously positive work in our passed decades of ago. It simply makes
in a workplace shooting. schools, forming an organization called those prohibitions real.
Senator BLUMENTHAL and I are not Sandy Hook Promise, one of the nu- I know, from my experience as a
going to give up. We are not going to merous grassroots organizations that prosecutor over decades and as a State
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S1462 CONGRESSIONAL RECORD — SENATE March 4, 2020
attorney general, that the best laws on of the American people, and that is op- That private sale was not covered by a
the books are dead letter if they are posed only by the NRA and a gun lobby background check, and seven more in-
unenforced. That is really why 98 per- that is diminishing in power. In fact, nocent people are dead as a result.
cent of the American people, the vast the NRA is crumbling from within be- On December 14, 2012, I promised the
majority of gun owners, and even NRA cause of a financial scandal and on the parents who lost loved ones at Sandy
members support this legislation. It is outside because its extreme, inflexible Hook and other families that I would
a simple, commonsense way to enforce positions are untenable to an American fight and do everything I could to
existing prohibitions that keep guns public that sees the public health epi- make sure that no more parents would
out of the hands of dangerous people. It demic before us as a result of gun vio- have to bury their children. I have
is the least we can do for those victims lence and says: Enough is enough. worked tirelessly, along with others,
of gun violence whose images and There is a movement that will even- like my colleague Senator MURPHY and
voices and faces are with their families tually prevail. Whether it will win in many of us on this side of the aisle, on
still and many of them with us every this session—because we have been public health and safety measures that
day. blocked again from unanimous consent would stop gun violence. I have also
We should be very clear—because this by our Republican colleagues—I don’t worked with Senator GRAHAM on an
measure should not be oversold—that know. I do know with certainty that it emergency risk protection order pro-
it will not alone solve the problem of will prevail because these grassroots posal that has shown very serious signs
gun violence. There are a variety of have grown and have created a move- of acceptance on that side of the aisle
other measures. I have introduced the ment. The students of Parkland have and even by the White House. So far,
emergency risk protection order legis- created a movement. The Sandy Hook inaction has been the result.
lation that would enable law enforce- Promise, the Newtown Action Alliance, Since that day, December 14, 2012,
ment—local police or State and Fed- Brady, Giffords, and others have cre- there have been 2,389 mass shootings,
eral law enforcement—to take guns ated a movement. Like many move- not counting the individual lives lost
away from people who are dangerous to ments and social causes in this coun- in Hartford or in the suburbs or in the
themselves or others. That legislation try—the civil rights movement being rural areas. It is an equal opportunity
would require a warrant, and it would the best example—this is fuel and public health epidemic. Like any epi-
enable the warrant to be eventually power and is led by young people who demic, no one is immune. Over 2,000
challenged in a court proceeding. It are saying with the most passion of all: times, families have had to wait, like
would provide due process, which would Enough is enough. the parents of Newtown, to see whether
be particularly important in domestic Every one of them and every one of that morning’s kiss goodbye would be
disputes when an estranged intimate us knows someone—a family member, a the last. They have had to wait to see
partner may have a gun or when there coworker, a co-student, a colleague— whether that last wave at the school
is suicide and self-harm is threatened. who has been affected by gun violence. door would be the final one. That real-
This has worked in Florida thousands Almost two-thirds of those 100 deaths ly is unconscionable in the greatest
of times, where it was passed most re- every day are from suicide, so we know country in the history of the world.
cently, and in Connecticut. Con- mental health has to be addressed and When I stood here in the months
necticut was the first in the Nation to that we need to invest more in mental after 2012—in fact, in 2013—when we
adopt an emergency risk protection health diagnoses and treatments. last voted on a universal background
order, and it has worked. Again, mental health diagnoses and check bill, it was supported by a major-
Along with that law are safe storage treatments alone are not a solution. I ity of my colleagues. There were 54
measures. There is Ethan’s Law, which have long spearheaded and advocated who voted for it, but it was not enough
was named after Ethan Song, who was for mental health parity—more treat- to reach the 60-vote threshold.
lost to his wonderful parents, Kristin ment, more insurance coverage—but From the Galleries, I heard one of
and Michael Song. Ethan was visiting a they alone will not solve the gun vio- those parents shout ‘‘Shame.’’ He was
friend whose parents failed to store lence epidemic in this country. right. Shame on my Republican col-
their gun safely, and in that unimagi- The fact is that the States that have leagues then, and shame on them now
nable tragedy, he was lost. universal background checks, accord- if they defy common sense and the will
Of course, there are also other meas- ing to a recent study, have had 52 per- of the American people by preventing a
ures, like eliminating sweetheart deals cent fewer mass shootings than the vote—simply a vote. That is what we
that provide unique and virtually abso- States that have lacked them. It are asking for—a vote on H.R. 8. A year
lute immunity to gun manufacturers. makes sense. Background check laws has passed since the House voted and
The Sandy Hook surviving families are mean that 80 percent of the firearms approved this bill. Shame on them—my
seeking redress against the manufac- acquired for criminal purposes can be Republican colleagues—if they stand in
turer of the gun that killed their 20 stopped from being sold by unlicensed the way of saving lives. Shame on them
children and 6 great educators. They sellers. if they allow the carnage to continue
are overcoming the obstacles imposed We in Connecticut have one of the on our streets, in our neighborhoods,
by the law that provides that immu- strongest universal background checks and in our communities, crippling fam-
nity to the gun manufacturers. on the books anywhere in the country. ilies and tearing apart those commu-
Assault weapons bans, ammunition Yet we know guns have, really, no re- nities.
background checks, and high-capacity spect for State borders. They cross The vicelike grip of the gun lobby is
magazines are a series of measures that State borders with impunity. They breaking, and there will be bipartisan
we should consider. It is not that every cause deaths in Connecticut even if collaboration. It will be the result of
one of them is necessary, but every one they have been manufactured else- not my persuasion from speeches given
of them can help to save lives. Not one where or have been sold in the South on the floor but of the American people
of them alone will prevent all of these and have come via the Iron Pipeline to at the polls, because the ultimate court
fatalities. Connecticut or to New York or to New is the court of public opinion and be-
The least we can do is debate H.R. 8, Jersey, which also has strong gun laws. cause the ultimate voice here is that of
which has been language on the Senate This national public health epidemic the American people.
floor now for a year without its being demands a national—Federal—solution In the military, there is a saying:
called for a vote. That is really uncon- that protects our Nation. ‘‘The enemy has a vote.’’ Here, the en-
SSpencer on DSKBBXCHB2PROD with SENATE
scionable. I know we use that word The Odessa shooting just this past emies are the shooters, and the en-
‘‘unconscionable’’ so frequently that August serves as a tragic reminder of emies are the opposers of these com-
perhaps it has lost its meaning, but if the steep price that inaction exacts. monsense measures. We cannot allow
we have a conscience and if we have a The Odessa shooter failed a background them to have a vote. It is the American
belief and a conviction in the demo- check, but then he turned right around people who will vote, and they will
cratic process, we should at least give after he failed that background check hold accountable those colleagues who
a vote to this measure that is life- from a licensed dealer and bought an fail to be on the right side of this issue
saving, that is supported by almost all assault-style rifle in a private sale. and on the right side of history.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1463
I urge my Republican colleagues to So last week, the Senate took a In conclusion, I want to recognize the
rethink, to revisit, to reconsider their major step toward removing the Chi- excellent work of my staff on the Com-
staunch, unyielding, inflexible opposi- nese threat by passing the Secure and merce Committee, both the majority
tion to even having a vote. To them, I Trusted Communications Networks and the minority.
say: Do your job. We are here to vote Act. I want to thank my friend and rank-
and save lives. This bill, which some refer to as the ing member, Senator CANTWELL, as
I yield the floor. ‘‘rip and replace’’ bill, would rip out well as Chairman PALLONE and Rank-
I suggest the absence of a quorum. the Huawei equipment and replace it ing Member WALDEN of the House of
The PRESIDING OFFICER. The with reliable equipment that will not Representatives on the Energy and
clerk will call the roll. engage in espionage. Commerce Committee, as well as the
The bill clerk proceeded to call the This legislation will lay the founda- members of their staff. Their efforts
roll. tion to give strong financial incentives have gotten us to this point, ready for
Mr. WICKER. Mr. President, I ask to U.S. firms to strip out their Huawei the President to put a signature on
unanimous consent that the order for and ZTE technology and replace it these two very important bills.
the quorum call be rescinded. with secure alternatives. It will also Thank you.
The PRESIDING OFFICER (Mr. help small, rural telecom providers I yield the floor.
YOUNG). Without objection, it is so or- transition away from firms that are I suggest the absence of a quorum.
dered. controlled by Beijing. The PRESIDING OFFICER (Mrs.
BROADBAND ACCESS That bill is now on the President’s HYDE-SMITH). The clerk will call the
Mr. WICKER. Mr. President, I call desk, awaiting his signature, and it roll.
the Senate’s attention this afternoon may be that he is going to wait until it The senior assistant legislative clerk
to a pair of bills that are critical to the can be joined by the Broadband DATA proceeded to call the roll.
deployment of broadband access across Act, which, again, I say can be passed Mr. BRAUN. Madam President, I ask
the United States and the worldwide by this body as early as this evening, unanimous consent that the order for
race to 5G, which we, of course, hope to when we adjourn. the quorum call be rescinded.
win and will win. In December, the Senate unani- The PRESIDING OFFICER. Without
The first of these measures will en- mously passed the measure, but be- objection, it is so ordered.
sure that telecommunications net- cause the House passed a slightly UNANIMOUS CONSENT REQUEST—S. 2590
works are safe and secure from foreign amended version of the bill yesterday,
intrusion. The second bill, which I hope Mr. BRAUN. Madam President, the
we need to act again today to get this discovery of thousands of fetal remains
the Senate will take up and pass even bill across the finish line and on to the
today by unanimous consent, would in Indiana at an abortionist’s home
White House. last year horrified us all and high-
help create highly accurate broadband The Broadband DATA Act addresses
coverage data that will help expand ac- lighted a disturbing trend that Indiana
the Federal Communication Commis-
cess to high-speed internet. Both of has taken the lead in rectifying.
sion’s flawed maps, which the Pre-
these measures are Commerce Com- This bill is our chance to fix the
siding Officer and I have been so con-
mittee priorities and are the result of problem nationally. I believe all
cerned about. Every year, the FCC
extensive negotiations and work on a human life deserves a dignified burial,
spends billions of dollars to promote
bipartisan and bicameral basis. and fetal remains deserve to be treated
deployment of broadband across the
Our economic and national security with respect, not as medical waste.
United States. This funding is espe-
depend on nationwide access to high- cially important for America’s rural Sadly, irreverence toward fetal re-
speed internet that is safe and secure. communication, which so often lags be- mains, like Dr. Klopfer’s grotesque col-
The threat of foreign espionage hind in broadband development. We lection, in our case, is not an isolated
through our broadband infrastructure have done a lot to close the digital di- incident. For example, in 2015, a Min-
is real, and it stems directly from the vide, but an estimated 20 million Amer- nesota hospital threw out the body of a
Chinese tech firms, like Huawei and icans still lack access to broadband. stillborn baby with dirty laundry.
ZTE. For years, Members from both par- Indiana has led the way. Governor
These companies are pawns of the ties have noted that the FCC’s maps MIKE PENCE signed a law in 2016 pro-
Chinese Government. As a matter of have overstated broadband coverage, tecting the dignity of fetal remains,
fact, for all practical purposes, they thereby understating the problem. For upheld by the Supreme Court last year
are wholly owned entities of the Chi- example, for Mississippi, the FCC map in Box v. Planned Parenthood.
nese Government, and they are putting claims that we have a 98-percent mo- This legislation, the Dignity for
on a full-court press to establish their bile broadband coverage—something Aborted Children Act, builds on Indi-
footprint in wireless networks around anybody can say from experience is not ana’s success and provides guidelines
the world and right here in the United true. It is far from true. Without accu- for handling fetal remains and pen-
States. rate maps, the FCC cannot direct sup- alties for failing to respect the sanctity
Huawei and ZTE receive massive sub- port to areas most in need. of human life, and it ensures that
sidies each year from the Chinese Gov- The Broadband DATA Act will fix crimes like Dr. Klopfer’s have con-
ernment, and it is really beyond dis- this problem by creating a new data- sequences.
pute that they are doing the bidding of base of areas in need of service, requir- The bill would require abortion pro-
the Chinese Communist Party. ing providers to submit precise data, viders to dispose of the remains of un-
Some of our allies have come to real- establishing specific standards for data born children just as any other human
ize this threat and have taken decisive collection, and allowing crowd sourcing remains or to release the remains to
action. I want to commend Australia, to encourage public participation in the family, should the family wish to
New Zealand, and Japan. They have all the process. receive them. This bill does not tell
banned Huawei technologies from their As a result, the Broadband DATA Act anyone what to do with their body. It
networks. will also help target Federal funds to- only holds human fetuses to a higher
I am grateful that the Trump admin- ward those areas most in need of as- standard of dignity than medical
istration has shown strong leadership sistance. These steps will pave the way waste.
on this issue. for more Americans across the heart- Last week, this body could not agree
Last year, the Department of Com- land to exercise and to access high- to ban abortions after science tells us
SSpencer on DSKBBXCHB2PROD with SENATE
merce placed Huawei on its Entity speed broadband and to enjoy the eco- fetuses are capable of feeling pain. This
List, severely limiting its ability to do nomic opportunities that come with body could not agree to ensure that ba-
business with U.S. companies. That that. bies born alive after botched abortions
was a bold step, but, unfortunately, Coupled with last week’s passage of should receive the same standard of
some of our networks had already been the ‘‘rip and replace’’ legislation, Con- care as a baby born in a hospital.
compromised by Huawei by the time gress has achieved an important vic- At the very least, we should be able
the Commerce Department took ac- tory for our country and national secu- to agree to treat the remains of unborn
tion. rity. children with the reverence befitting a
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S1464 CONGRESSIONAL RECORD — SENATE March 4, 2020
human life rather than as medical sible, and I will continue to follow it don’t have access to family planning
waste. closely because experts have already and information they need for women’s
Given this, I ask unanimous consent made it very clear this is not going to reproductive health, abortions actually
that the Committee on Health, Edu- be over soon. increase rather than decrease. Re-
cation, Labor, and Pensions be dis- While the funding is a great first search shows that by decreasing access
charged from further consideration of step, we need to make sure it is not the to information about modern contra-
S. 2590 and the Senate proceed to its last one. It is very critical that we con- ceptive options, abortion rates in-
immediate consideration. tinue listening to our health experts, crease. This policy doesn’t stop abor-
I ask unanimous consent that the bill providing needed resources, and pre- tions; it only limits the resources that
be considered read a third time and paring for what is next, including what are available that prevent women from
passed and that the motion to recon- this will mean for families’ day-to-day having unwanted pregnancies.
sider be considered made and laid upon lives and for people who can’t take a My Republican colleagues can call it
the table. day off work without losing a paycheck whatever they want—the Protecting
The PRESIDING OFFICER. Is there or don’t have affordable childcare if a Life in Global Health Assistance pol-
objection? school closes or don’t have health in- icy, the Mexico City Policy—I call it
The Senator from Washington. surance or are experiencing homeless- dangerous and deadly. In fact, instead
Mrs. MURRAY. Madam President, re- ness. of protecting life, the global gag rule
serving the right to object, we have a I hope my Republican colleagues will erects new barriers to critical health
serious public health crisis on our think long and hard about what their services, including reproductive health
hands right now, and we expect it to priorities are in the midst of this and services, for people and communities
get much worse. Right now, families choose to refocus their energy on work- who already have limited access to af-
across this country are actually look- ing with us to address the urgent issues fordable, high quality healthcare.
ing to Congress to put partisanship of the day instead of distracting us Across U.S. global health assistance,
aside and put their needs first and are from serious work and wasting time we we are seeing a breakdown in systems
counting on us to listen to experts and don’t have. of health care provisions which dis-
make decisions that are guided by I object. proportionately impacts the most vul-
science, not by ideology. The PRESIDING OFFICER. Objec- nerable, hard-to-reach populations. In
They need to know that our No. 1 pri- tion is heard. Uganda, mobile health teams that go
ority and what we should be talking The Senator from Indiana. into communities and provide some-
about is public health today. Mr. BRAUN. Madam President, I times the only health care available
Instead of discussing this harmful think if we continue to make the argu- are being cut.
bill that will gut reproductive rights, ment with women’s healthcare that it ABBEF, the International Planned
put unnecessary restrictions on med- is mutually exclusive to consider that, Parenthood Federation member in
ical providers, and undermine medical and you define what we are talking Burkina Faso, was forced in 2017 to pre-
research, which is an absolute non- about here—banning abortions where maturely end its U.S.-supported pilot
starter and the absolute last thing we there is pain-felt capability or not try- initiative to distribute contraceptives
should be doing right now, I think we ing to preserve the life of a baby born in secondary schools where there is a
should be focused on what families ac- through a botched abortion—adding huge family planning need.
tually need us to be focused on, which this as well: not treating the fetal re- Marie Stopes International, MSI, re-
is the coronavirus outbreak and what mains with the dignity that they de- ceived 17% of its donor income from
it means for them and what we are serve—I think it is increasingly dif- USAID at the time the global gag rule
doing about it. ficult to make the argument that we was reinstated. These funds were exclu-
The news of this virus is spreading constantly hear about women’s sively used for voluntary contraception
throughout the country. The deaths, healthcare. They are not mutually ex- services and the loss of funding has im-
the illness, and the confusion it has clusive. This is something that pacted work with poor and
caused in my home State of Wash- shouldn’t be put into the category that marginalized communities most in
ington and elsewhere are beyond it would impact any of that by putting need of accessing services.
alarming. The Trump administration this into effect. Marie Stopes Ethiopia, with exper-
has fallen far short of its responsibil- I yield floor. tise in reaching remote communities,
ities to Washington State and to com- The PRESIDING OFFICER. The Sen- ended its U.S.-funded program pro-
munities nationwide. ator from Utah. viding vasectomies and tubal ligations
I am pleased Democrats and Repub- UNANIMOUS CONSENT REQUEST—S. 3259 to rural populations. No other organi-
licans in Congress were able to put par- Mr. LEE. Madam President, I ask zation has the technical skills and ex-
tisanship aside to hammer out the ro- unanimous consent that the Foreign pertise to provide the same quality of
bust emergency supplemental funding Relations Committee be discharged service and choice.
agreement that was announced earlier from further consideration of S. 3259 Clearly this policy decreases care, in-
today. It is an agreement that goes and the Senate proceed to its imme- creases abortions, and risks the lives of
well beyond President Trump’s totally diate consideration. I further ask that women around the world. And this is
inadequate request in order to actually the bill be considered read a third time not about abortion, this is about con-
meet the needs we are hearing about and passed and that the motion to re- trolling a woman’s body and limiting
from the officials on the frontlines of consider be considered made and laid her choices.
this crisis, like reimbursing States and upon the table. If we are actually going to get seri-
local governments that have shoul- The PRESIDING OFFICER. Is there ous about improving women’s health,
dered the cost of this response so far or objection? we should be working to end the global
the need to support research so we can The Senator from New Hampshire. gag rule.
develop new treatments and diagnostic Mrs. SHAHEEN. Madam President, Given the negative impact this policy
tests and vaccines and the need to reserving the right to object, I am dis- has already had on so many women and
make sure those are available to every- appointed that my colleague would try families around the world, codifying it
one. to codify a policy that has been proven would just exacerbate those issues, so I
This agreement helps us prepare for to cause extensive harm to the most object.
SSpencer on DSKBBXCHB2PROD with SENATE
what is next by providing funding to vulnerable women and families around The PRESIDING OFFICER. Objec-
shore up our store of medical supplies, the world. tion is heard.
support medical community health In the past 3 years, we have seen the The Senator from Utah.
centers in underserved areas, and bol- global impact of this policy. Health Mr. LEE. Madam President, it is dis-
ster global health and public health clinics have closed, access to care has appointing that when we take a look at
preparedness programs. decreased, and lives are needlessly put something that is controversial like
I am working to make sure we get at risk. When women in developing abortion and we peel it back a layer
that bill signed into law as soon as pos- countries and other parts of the world further, we make it noncontroversial
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1465
by making the discussion about some- under the laws of the United States. the Senate, which calls itself the
thing that most Americans—the over- Our healthcare ought to heal, preserve, world’s greatest deliberative legisla-
whelming majority of Americans— and protect those lives. Unfortunately, tive body, would object to these meas-
agree about, which is, regardless of many of our laws themselves permit ures. After all, it is difficult to fathom
how you feel about abortion, you don’t and subsidize exactly the opposite of how someone wouldn’t want to protect
necessarily want your government tak- life in our country and even, tragically, babies. It is difficult to fathom why
ing your taxpayer dollars and the tax- abroad. someone wouldn’t be in favor of some-
payer dollars of a whole lot of people Congress allows and helps fund the thing at least protecting the con-
who have very strong feelings against most radical abortion policy in the science rights of U.S. taxpayers who
abortion and using those to fund orga- Western world, enabling procedures don’t want to see their hard-earned
nizations that either perform abortions that impose barbaric violence upon taxpayer dollars going to fund an oper-
or that engage in promoting or lob- women and unborn children and ending ation, a procedure that they know is
bying or counseling or referring in the lives of hundreds of thousands of designed to end a human life—a human
order to encourage abortions. The over- innocent babies in our Nation every life that in many cases is deliberately
whelming majority of Americans don’t single year. It allows our foreign aid ended because of the sex of the person
want that regardless of how they feel money to go to organizations that fund whose life is being taken. This is trag-
about life. and promote abortions overseas, taking ic, it is unacceptable, and it shouldn’t
This shouldn’t be a controversial the lives of thousands of innocent ba- happen—not here, not on this soil, not
issue. It is a non sequitur. It is a straw bies across the globe—especially, by on our watch.
man argument to suggest that this the way, baby girls. We are not going to give up. The fact
somehow limits anyone’s options. It In some of these countries, abortions that we have endured these setbacks
doesn’t. In fact, it expands options of happen in much higher numbers to fe- today, the fact that these well-con-
individuals by saying: We are not going male babies precisely because they are ceived, non-objectionable pieces of leg-
to take your money at the point of a female. Abortion is, in many cases, the islation have drawn an objection today,
gun, which is what governments do at knife’s edge of sexism—the exact tool doesn’t mean this issue is going to go
the end of the day when they take they use to denigrate women’s equal away. It doesn’t mean these proposals
money, in order to spend it on some- dignity and value and worth and right are going to go away.
thing that—depending on how you to breathe. I yield the floor.
phrase the question and which pollster In some of these countries, women The PRESIDING OFFICER. The Sen-
you are talking to, it is either a sizable don’t even want the abortions. In some ator from Louisiana.
majority or a bare majority of Ameri- cases, these organizations force their Mr. KENNEDY. Madam President, I
cans who find that morally problem- own so-called enlightened values on want to talk to the Senate for a few
atic. But an overwhelming majority of them, pressuring these women to take minutes about refrigerators and air
Americans say that, no matter what, their own children’s lives whether or conditioners. Thank the Lord for both
you shouldn’t be taking all taxpayer not they really want to. This form of of them. They make our lives so much
money and then using that to fund cultural and imperialism is not pro- better, especially in the Presiding Offi-
abortion or abortion-related advocacy. woman, it is not pro-child, and it is cer’s home State of Mississippi and,
Last week, the Senate had a chance certainly not pro-healthcare. It is pro- certainly, in my home State of Lou-
to adopt some measures that would sexism and pro-violence. And we must isiana.
protect the dignity of human life—not end it. Today, we can, through the pas- Refrigerators and air conditioners
just unborn human life but also born sage of the Protecting Life in Foreign and the like are able to keep people
human life, including babies who had Assistance Act. This bill would perma- and things cold by using coolants or re-
been born alive following a failed abor- nently stop the use of our foreign aid frigerants, I think some people call
tion attempt. Unfortunately, due to a money for funding or promoting abor- them. I am going to call them coolants.
minority of this body, we lost the op- tions overseas. Basically, I will not go into the chem-
portunity to enact those reforms. We ought to uphold the equal dignity istry and/or the physics, but when a
Those colleagues opposed to these of women, whether born or unborn, in coolant in liquid form is converted to a
measures did so largely on the claims America and across the world, and we gas, it is called phase conversion. It ab-
that they were, as they put them, anti- should treat their bodies with rev- sorbs heat. That is why you will hear
woman or anti-healthcare. They claim erence and dignity and respect, the re- people, including but not limited to re-
somehow that these measures inter- spect they deserve, not because any pair women and repair men, talking
fered with what should be considered government decided to confer that re- about coolant for an air conditioner or
personal—the personal nature of spect upon them but because they coolant for a refrigerator. It is that
healthcare between women and their exist. Today, we can choose that, too, coolant that keeps us and our food
doctors. through Senator BRAUN’s bill, the Dig- cool.
I could not agree more that nity for Aborted Children Act. That Years ago, we used to use a coolant
healthcare is personal. It is, after all, measure, as Senator BRAUN has ex- called Freon. You probably have heard
about healing, preserving, and pro- plained, will ensure that aborted chil- that term. It is seldom used today.
longing the life of a human being, the dren’s bodies are not treated simply as There are some small occasions when it
life of a person. In the case of a preg- medical waste to be crudely disposed of is used, but for the most part, we have
nant woman, it is about two persons, and that they should instead receive a decided Freon is not a good coolant,
sometimes three. If it is a woman who proper burial or cremation, just as we not because it doesn’t work but be-
is pregnant with a single baby, it is accord to all other human beings. cause it is very, very harmful to our
two persons with two beating hearts, We have to support and value women environment. So a number of years
two distinct sets of DNA, and two and babies everywhere. In our laws and ago, people the world over, including
unique and eternally valuable, for our lives, we ought to uphold the the U.S. Government, said: OK, we are
unrepeatable souls—two persons with dignity of each and every human per- not going to use Freon anymore. We
equal dignity and worth. We ought to son, regardless of race, sex, appearance, are going to use another coolant, which
value both of them and provide oppor- abilities, or age. The measures before we generally refer to as
tunity and care and rights and protec- us today—those I have outlined and hydrofluorocarbons. If you hear me use
SSpencer on DSKBBXCHB2PROD with SENATE
tion to both. those that have been proposed by Sen- the expression HFC or the acronym
In the spirit of our founding, we ator BRAUN—do just that, and we HFC, that is what I mean.
ought to affirm through our laws and should support them for the very same So we went along and, instead of
through our taxpayer dollars the truth reasons that we should pass them. using Freon, we started using HFCs,
that every member of our society— They shouldn’t be objectionable. hydrofluorocarbons. Then we discov-
every woman, every man, every unborn It is tragic that they have drawn an ered—and by ‘‘we’’ I mean that most of
child—is entitled to the right to life objection today. It is tragic that any the scientists throughout the world
and to the full protection of that right American, much less any Member of came to realize that
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S1466 CONGRESSIONAL RECORD — SENATE March 4, 2020
hydrofluorocarbons or HFCs are not ergy that are going to be put together lot, as the Presiding Officer knows, and
very good for the environment either. in one bill, ably handled by Senator we all know each other, and I can hon-
The people who made this decision, MURKOWSKI. Senator CARPER and I estly say I like and respect every one
many of whom were American sci- want to take our bill—the AIM Act, of my colleagues in this body. I truly
entists, decided we need to develop a the American Innovation and Manufac- do. I may not agree with them, but I
third type of coolant other than Freon turing Act, which is supported over- like and respect them, so my criticism
and other than HFCs to run our air whelmingly by the business commu- is not personal. Yet our process here is
conditioners and run our refrigerators nity and by the environmental commu- a problem, which is my plea today to
and protect our environment at the nity—and add it to Senator MUR- my colleagues: Please don’t object to
same time. KOWSKI’s bill as an amendment, and this amendment. Please. It doesn’t
A few years ago, most of the coun- that amendment has already been sub- mean you have to vote for it—you can
tries throughout the world made this mitted. We have a lot of support for the vote against it—but please let the en-
decision. The representatives of these amendment. The last time I looked, we tire body have a vote because that is
countries got together and said: OK, had 28 cosponsors to the amendment, what democracy is supposed to be all
you remember we decided to stop using and once again, the business commu- about.
Freon, and now we have been using nity and the environmental commu- I yield the floor to my friend Senator
these HFCs. Yet we have discovered nity are supporting it. CARPER.
these HFCs are also harmful, so we are The Presiding Officer is probably The PRESIDING OFFICER. The Sen-
going to agree—all of these countries thinking, OK, KENNEDY. What is the ator from Delaware.
said—to develop a third type of coolant problem? This is interesting, but what Mr. CARPER. Madam President, I
that is not as harmful to our environ- is the problem here? commend the Senator from Louisiana
ment. How can I put this? The problem is for his leadership and for his courage in
That is the direction in which the the way we operate. One person in the not just helping to develop this pro-
world is headed. Within 5, 10, 15 years, Senate can stop the entire Senate from posal that we have offered in a legisla-
not only will Freon be eliminated, but ever voting on something, as we all tive forum but in trying to make sure
so will hydrofluorocarbons because the know, and I am not going to go into that it gets the debate it needs and the
rest of the world is going to be using a the details. In some cases, that is not vote it needs on this floor.
third type of coolant, which has been necessarily a bad thing. Our Founders For a couple of centuries, Members of
developed and is being developed as we intended the Senate to move carefully the Senate would introduce legislation,
speak. and slowly, but it is a bad thing, in my and that legislation would be debated.
There is just one problem. The judgment, when it is used routinely to Democrats and Republicans would have
United States has not agreed with keep the Senate from having an up-or- the opportunity to offer amendments
those other countries. That is OK. That down vote on something that is impor- to that legislation and to get votes on
is our right to do it our way. But that tant to the American people. that legislation and on their amend-
presents yet another problem because I mean, the logical approach would ments. We would hammer out a com-
in 5 or 10 or 15 years, we are going to be, OK, you don’t agree with the promise in the Senate and eventually
look up, and we are going to be the odd amendment. That is why God made with the House and with whoever was
rollcall votes. Let’s vote. You can vote President.
person out. The rest of the world is
yea or you can vote nay or you can The Presiding Officer may remember
going to be using this new technology,
jump the rail, but everybody gets to an old movie called ‘‘The Way We
and we are still going to be using
weigh in. That is why I was sent up Were.’’ That is the way we were, and
hydrofluorocarbons. We are going to be
here. My people sent me up here to de- we need desperately to get back to the
isolated, and it is going to cost our
bate and decide. They didn’t send me way we were when we were the world’s
business community a lot of business,
up here to participate and delay in greatest deliberative body. A good way
and it is going to hurt us.
stultification. So that is my message to get started on that path is by sup-
I and Senator TOM CARPER—a fine
today: Let my people vote. porting the legislation that my friend
American and a good man—have a bill.
Once again, I understand there are
It is called the American Innovation from Louisiana and I have coauthored
rare occasions on which a Senator feels
and Manufacturing Act—the Senator with the support of a broad coalition of
so strongly about something that he or
and I call it the AIM Act—and we have she can and should exercise his or her Senators and with the support of the
a lot of support. At last count, we had right to prevent the whole body from business community and the environ-
32 cosponsors—half Republican, half considering something, but it has be- mental community as well.
Democrat—and that number is rising Our amendment, as Senator KENNEDY
come a routine political weapon. That
as we speak. That is a third of the U.S. has described today, is identical to leg-
is one of the reasons, in my judgment,
Senate. You can’t get a third of the that we don’t get more done in the islation called the American Innova-
U.S. Senate to agree on much of any- Senate. tion and Manufacturing Act. I am not
thing except that they like ice cream, I am not criticizing anybody. I am a really big one for acronyms, but the
but for this august body, having 32 co- part of this body. If I am criticizing acronym that the Senator has used is
sponsors is a big deal. this body, I am criticizing myself. But AIM, the AIM Act. It is currently sup-
Let me also say that we have a lot of doing nothing is hard because you ported by a bipartisan group of 32 Sen-
support from the business community. never know when you are finished. We ators—16 Republicans and 16 Demo-
For example—and I will not read all of can do a lot more in this body, and I crats. I would describe this as Noah’s
the groups that are supporting it—the think we all understand that, and I Ark, whereby, for every Republican, we
Air Conditioning, Heating and Refrig- think we can all agree with that. I add a Democrat and on and on and on.
eration Institute is supporting this think one of the reasons the Senate Even today, we are continuing to add
bill. It is in charge of our refrigerators polls right up there with skim milk sponsors and cosponsors to our bill and
and air conditioners, and it is saying: among the American people is that we to this amendment.
Yes, we want to do this. The environ- don’t get more done, and one of the This amendment, like the stand-
mental community supports this bill. reasons we don’t get more done is that alone bill, would save consumers
It is rare that we get both the environ- we are not allowed to vote. money; it would create jobs; it would
mental community and the business Once again, I am not telling anybody support economic growth; and it would
SSpencer on DSKBBXCHB2PROD with SENATE
community on the same page, but how to vote, for our votes are sacred, help us to address the climate crisis.
mainly through Senator CARPER’s in- but you can vote yea on my ideas and This amendment would authorize the
tellect and charm, we have been able to Senator CARPER’s ideas, or you can EPA to implement a phase-down of the
do that. vote nay, or you can not vote at all— production and consumption of some-
As you know, we are in the process of you can jump the rail—but please let thing called hydrofluorocarbons,
considering an energy bill, and that en- us vote. known as HFCs, over the next 15 years.
ergy bill is really an amalgamation of I am not criticizing anybody. I am HFCs are used as coolants in refrig-
a lot of other bills that deal with en- really not. I know we are together a erators and air conditioners. They are
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1467
substances that help to make sure our gree Celsius in our climate, in our tem- it was in the thirties—rarely below,
air conditioners work and our freezers perature on this planet. not above.
work and our refrigerators work, All of these are win-wins. They are She came back about 5, 6 weeks ago.
among other things, and that our all win-wins. They are the reason that In the weeks since then, the record-
chillers work. our legislation has such broad support high temperature in Antarctica, South
Unfortunately, what came before the from stakeholders. Our legislation is Pole, hit 63 degrees. That record lasted
HFCs was bad for our ozone and our supported by an unlikely coalition. As for about a week, and it was replaced
planet, and it created a big hole in the Senator KENNEDY said, it is not every by a new record, 65. That lasted for
ozone layer of our planet. We figured day that you find the lamb and the lion about another week or two. That was
out that it was not good. It turned out lying down together in their finding a broken by another record. I think it
to be the refrigerants that we were common cause. Yet, in this case, there was 67 or 68 degrees—like that.
using that were causing it. Scientists is a whole host of environmental A piece of Antarctica about the size
came along and said: Let’s replace groups, the U.S. Chamber of Com- of the District of Columbia fell off into
them. Let’s get rid of those CFCs and merce, the National Association of the ocean. Something is happening
replace them with something that Manufacturers, and other business here. Something is happening here, and
doesn’t give us a hole in the ozone groups, a lot of Democrats, a lot of Re- I think what it is, is getting to be pret-
layer. publicans, and maybe one or two Inde- ty clear.
Guess what. HFCs work. They do. pendents. I mean, it is a great coali- Here is the good news. The good news
They do a really good job at that. That tion, and it is one that I am proud of in is we can address that concern, that
is the good news. The bad news is these my having worked with Senator KEN- problem, which is not a hoax, and we
hydrofluorocarbons are 1,000 times NEDY to create. We do all of this with can do so in ways that create tens of
worse than carbon dioxide as a green- the broad support of this unlikely coa- thousands of jobs, billions of dollars in
house gas—1,000 times worse. So they lition. exports, all kinds of economic oppor-
are good on the one hand and are bad Our legislation doesn’t preempt the tunity, innovation, and technology
on the other hand. roles of States. With that said, I know that we would celebrate, and we should
So the scientists go to work again. that some of our colleagues have called celebrate.
Scientists in this country and busi- for adding to this amendment new pre- We need to support this amendment.
nesses in this country go to work and emption authorities that would pre- I just want to again thank my col-
ask: What can we do about this? They vent States from addressing HFCs. My league for his leadership, for allowing
have come up with a replacement to re- response to them is that there are rea- me to be his wingman in this effort,
place the HFCs—1,000 times worse as a sons this is not an issue to be addressed and I look forward to garnering the
greenhouse gas than carbon dioxide. at this time. support of a broad coalition of our col-
We also have the opportunity, in And as we have seen with TSCA and leagues. It is the right thing do. Let’s
using American technology, to put the California waiver for vehicle stand- do it.
Americans to work in selling these ards, this administration doesn’t seem The PRESIDING OFFICER. The Sen-
products not just in America but keen on following the law, and there is ator from Wyoming.
around the world. American companies no guarantee that if we require EPA to ABORTION
have invested literally billions of dol- phase out HFCs that the Trump EPA Mr. BARRASSO. Madam President, I
lars to produce and sell the next-gen- will do so in a timely manner or in a come to the floor tonight to briefly dis-
eration technology to replace HFCs. legally defensible way. cuss a message from the Chief Justice
Our amendment protects those invest- Allowing the States to act helps hold of the Supreme Court, Chief Justice
ments. the Federal Government accountable. John Roberts.
Again, the amendment is good for However, once a strong Federal pro- As you know, Chief Justice Roberts
consumers, and I will explain why. The gram is in place, States will not need recently sat in the very chair, Madam
amendment drives the deployment of to act and will spend their resources President, in which you are sitting
more efficient air-conditioning and re- elsewhere. We have seen this happen right now as he ably oversaw the im-
frigeration products and equipment. It before with programs similar to the peachment trial.
reduces energy and upkeep costs as one this amendment would create. In a very rare admonition, the Chief
well. How much? What is it worth in I would like to add that many of my Justice of the Supreme Court this
terms of saving money for consumers? colleagues in this Chamber have stated afternoon released a statement in re-
Apparently, the EPA has calculated it that they support innovation to help sponse to statements made by the mi-
through its own economic analysis, and achieve our climate and clean energy nority leader of the U.S. Senate, CHUCK
it has come up with a number that says goals. SCHUMER.
that over the next 15 years, our legisla- The Federal Government has many The Senator, speaking outside the
tion would save consumers $3.7 bil- tools to drive innovation—many tools Court, across the street from this
lion—not millions but billions of dol- to drive innovation—Federal funding, building, was at a protest while argu-
lars. Federal procurement, and also regula- ments were being heard inside the
Our amendment is good for American tion. Court, and the comments made by Sen-
jobs. The chamber of commerce expects There is a reason we have broad sup- ator SCHUMER certainly appeared to
our legislation to result in the creation port from the business community. threaten members of the Supreme
of 150,000 additional direct and indirect Businesses know that regulation will Court.
jobs in this country in the years to further drive innovation and U.S. in- The video clip shows Senator SCHU-
come—150,000 additional, good-paying vestments. Without the regulations MER saying this. He said:
jobs. Our amendment is good for our that would be created if this amend- I want to tell you, Gorsuch. I want to tell
economy. ment were adopted, the United States you, Kavanaugh.
Our legislation is expected to im- will continue to lose global leadership These are members of the Supreme
prove the trade imbalance in chemicals in the production of HFC alternative Court, confirmed by the Senate. He
and equipment by $12.5 billion, which is technologies. said:
something we need to do, and it is ex- And let me just add a P.S. I know I want to tell you. . . . You have released
pected to increase manufacturing out- some people think climate change is a the whirlwind, and you will pay the price.
SSpencer on DSKBBXCHB2PROD with SENATE
put close to $39 billion over the next 7 hoax; it is not real. My wife and some ‘‘You will pay the price.’’
years. of her colleagues from the DuPont Well, it can’t be a political price be-
Oh, by the way—P.S.—our amend- Company that she worked with for cause Justices serve for life. Either
ment is good for the planet we live on years traveled to Antarctica earlier they die in office or they can resign,
and the people who inhabit it. We will this year. They spent a couple weeks step down. There is no political price
end up joining the rest of the world to down there, an incredible trip, learned to be paid.
phase out HFCs, which will help to a lot, and they came back and I said: To me, this sounds like he is talking
avoid an increase of up to a half a de- How warm was it down there? She said about a physical price, violence.
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S1468 CONGRESSIONAL RECORD — SENATE March 4, 2020
Now, SCHUMER told abortion rights The PRESIDING OFFICER. Without welcome the feedback and ideas I get
advocates who were outside the Court objection, it is so ordered. from local residents to help make our
these very things: The nominations considered and con- communities safer and stronger for
I [will] tell you, Gorsuch. I [will] tell you, firmed are as follows: older Americans. I also want to take
Kavanaugh. You have released a whirlwind, IN THE AIR FORCE this opportunity to commend the mem-
and you will pay the price. The following named officer for appoint- bers of the Elder Justice Coalition, as
He goes on to say: ment in the United States Air Force to the well as groups such as the Iowa Asso-
You won’t know what hit you. . . . grade indicated while assigned to a position ciation of Area Agencies on Aging, for
of importance and responsibility under title their efforts in this area. These organi-
You, members of the Supreme Court. 10, U.S.C., section 601: zations and their members deserve rec-
He, the minority leader of the U.S.
To be lieutenant general ognition for their continued work on
Senate, saying:
Lt. Gen. Thomas A. Bussiere behalf of the Nation’s older Americans
You won’t know what hit you if you go for-
IN THE AIR FORCE and their contributions to this year’s
ward with these awful decisions.
The following named officer for appoint- Older Americans Act extension.
I believe these statements are out-
ment in the United States Air Force to the In a decade, all of our Nation’s baby
rageous; they are uncalled for; they are grade indicated while assigned to a position boomers will have reached the age of 65
out of bounds; and on their face, they of importance and responsibility under title or older, and this demographic shift
appear to invite violence against mem- 10, U.S.C., section 601:
creates new challenges for our commu-
bers of the U.S. Supreme Court. To be lieutenant general nities. With this in mind, I am cur-
Let me just read to you what the Lt. Gen. Jacqueline D. Van Ovost rently working with my colleagues on
Chief Justice said today in his release.
[NEW REPORTS] other bipartisan initiatives to improve
Chief Justice Roberts responded:
f the quality of life for older Iowans, in-
This morning, Sen. Schumer spoke at a
cluding legislation that would extend
rally in front of the Supreme Court while a LEGISLATIVE SESSION
case was being argued inside. the Elder Justice Act. As the former
The PRESIDING OFFICER. The Sen- chairman of the Senate Judiciary Com-
He goes on to say: mittee, I wrote the Elder Abuse Pre-
ate will now resume legislative session.
Sen. Schumer referred to two Members of vention and Prosecution Act to curb
the Court by name and said he wanted to tell f
elder abuse and beef up tools and re-
them that ‘‘you have released the whirlwind!
MORNING BUSINESS sources within local communities to
And you will pay the price! You won’t know
what hit you if you go forward with these Mr. MCCONNELL. Mr. President, I help prevent financial fraud and exploi-
awful decisions.’’ ask unanimous consent that the Sen- tation of older citizens. For those
The Chief Justice continued: ate be in a period of morning business, Iowans who enjoy working and need to
with Senators permitted to speak continue working to pay the bills, I
Justices know that criticism comes with
the territory, but threatening statements of therein for up to 10 minutes each. have also championed legislation to
this sort from the highest levels of govern- The PRESIDING OFFICER. Without strengthen age-related workplace dis-
ment are not only inappropriate, they are objection, it is so ordered. crimination laws.
dangerous. Mr. President, as noted by the former
f
He concludes by saying: head of the Iowa Association of Area
All Members of the Court will continue to DIGNITY IN AGING ACT Agencies on Aging, ‘‘The Older Ameri-
do their job, without fear or favor, from Mr. GRASSLEY. Mr. President, last cans Act provides the foundation that
whatever quarter. night we passed by unanimous consent allows Iowa to continue to be a great
That is the statement of the Chief legislation to revise and extend for 5 place to for Iowans to call home.’’ I
Justice of the Supreme Court referring more years the key programs that Con- want to again thank my colleagues for
to the actions by the minority leader, gress established under the Older working with me in a bipartisan way
the Senator from New York, CHUCK Americans Act of 1965. I cosponsored on this legislation to improve the lives
SCHUMER. the final version of this measure, which of older Americans in Iowa and across
We cannot tolerate political violence passed our Chamber as a Senate the United States.
or threats of harassment. We as a body, amendment to the Dignity in Aging
as a community, as a country should Act, H.R. 4334. f
be looking to elevate our debates rath- I want to take this opportunity to ex-
er than lower them, which is what, in press my appreciation to Senator COL- ARMS SALES NOTIFICATION
my opinion, the minority leader did LINS for leading the bicameral negotia-
today. tions that made this bipartisan com- Mr. RISCH. Mr. President, section
I hope the minority leader will think promise possible. I expect that the 36(b) of the Arms Export Control Act
twice about comments like these in the other Chamber will soon accept the requires that Congress receive prior no-
future. changes we made to their version of tification of certain proposed arms
I yield the floor. this legislation, so that Congress can sales as defined by that statute. Upon
The PRESIDING OFFICER (Mr. send the final version to the Presi- such notification, the Congress has 30
BRAUN). The majority leader. dent’s desk in fairly short order. calendar days during which the sale
For over five decades, the Older may be reviewed. The provision stipu-
f lates that, in the Senate, the notifica-
Americans Act has made resources
EXECUTIVE SESSION available to the Aging Network and tion of proposed sales shall be sent to
States for services to the elderly and the chairman of the Senate Foreign
disabled. An example is the nutrition Relations Committee.
EXECUTIVE CALENDAR services program authorized under title In keeping with the committee’s in-
Mr. MCCONNELL. Mr. President, I III, which makes resources available tention to see that relevant informa-
ask unanimous consent that the Sen- for home-delivered meals, enabling the tion is available to the full Senate, I
ate proceed to executive session for the homebound to remain independent. ask unanimous consent to have printed
consideration of Executive Calendar This statute also helps older Ameri- in the RECORD the notifications which
have been received. If the cover letter
SSpencer on DSKBBXCHB2PROD with SENATE
Nos. 572 and 586; that the nominations cans live independently by supporting
be confirmed; that the motions to re- community-based services, making in- references a classified annex, then such
consider be considered made and laid formation about care options available annex is available to all Senators in
upon the table with no intervening ac- to family caregivers, and supporting the office of the Foreign Relations
tion or debate; that the President be the Long-Term Care Ombudsman Pro- Committee, room SD–423.
immediately notified of the Senate’s gram. There being no objection, the mate-
action; and the Senate then resume As I continue my 99 county meetings rial was ordered to be printed in the
legislative session. across the State of Iowa each year, I RECORD, as follows:
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1469
DEFENSE SECURITY The prime contractors will be Raytheon/ CHAIRMAN SCOTT AND RANKING MEMBER FOXX:
COOPERATION AGENCY, Lockheed Martin Javelin Joint Venture, Or- On behalf of the National Association of
Arlington, VA. lando, Florida and Tucson, Arizona. There Area Agencies on Aging (n4a), which rep-
Hon. JAMES E. RISCH, are no known offset agreements proposed in resents the country’s 622 Area Agencies on
Chairman, Committee on Foreign Relations, connection with this potential sale. How- Aging (AAAs) and is an advocacy voice for
U.S. Senate, Washington, DC. ever, the purchaser typically requests off- the more than 250 OAA Title VI Native
DEAR MR. CHAIRMAN: Pursuant to the re- sets. Any offset agreement will be defined in American aging programs, we write today in
porting requirements of Section 36(b)(l) of negotiations between the purchaser and the strong support of the recently introduced bi-
the Arms Export Control Act, as amended, contractor(s). partisan, bicameral legislation to update and
we are forwarding herewith Transmittal No. Implementation of this proposed sale will reauthorize the Older Americans Act (OAA)
20–09 concerning the Army’s proposed Let- not require the assignment of U.S. Govern- through 2024.
ter(s) of Offer and Acceptance to the Govern- ment or contractor representatives to Po- The Supporting Older Americans Act of
ment of Poland for defense articles and serv- land. 2020, an amendment in the nature of a sub-
ices estimated to cost $100 million. After this There will be no adverse impact on U.S. de- stitute to H.R. 4334, co-sponsored by Sen-
letter is delivered to your office, we plan to fense readiness as a result of this proposed ators Collins and Casey, represents the dili-
issue a news release to notify the public of sale. gent work of all of your Committee Members
this proposed sale. TRANSMITTAL NO. 20–09 and staff to secure broad and bipartisan sup-
Sincerely, port to responsibly update a landmark Act
Notice of Proposed Issuance of Letter of
CHARLES W. HOOPER, that supports millions of older adults and
Offer Pursuant to Section 36(b)(l) of the
Lieutenant General, USA, Director. caregivers in communities across the nation.
Enclosures. Arms Export Control Act As you well know, the OAA is the corner-
TRANSMITTAL NO. 20–09
Annex Item No. vii stone of the nation’s non-Medicaid home and
Notice of Proposed Issuance of Letter of (vii) Sensitivity of Technology: community-based services (HCBS) system,
Offer Pursuant to Section 36(b)(1) of the 1. The Javelin Weapon System is a me- providing older adults with much-needed
Arms Export Control Act, as amended dium-range, man-portable, shoulder- supports, including in-home care, congregate
launched, fire-and-forget, anti-tank system and home-delivered meals, adult day care,
(i) Prospective Purchaser: Government of
for infantry, scouts, and combat engineers. information and referral assistance, case
Poland.
It may also be mounted on a variety of plat- management, transportation, legal services
(ii) Total Estimated Value:
Major Defense Equipment* $75 million. forms including vehicles, aircraft, and and caregiver support/respite.
Other $25 million. watercraft. The system weighs 49.5 pounds n4a appreciates your recognition of what is
Total $100 million. and has a maximum range in excess of 2,500 already working in the Act, including its
(iii) Description and Quantity or Quan- meters. The system is highly lethal against unique delivery structure and intentional
tities of Articles or Services under Consider- tanks and other systems with conventional emphasis on local flexibility.
ation for Purchase: and reactive armors. The system possesses a We especially commend the bicameral and
Major Defense Equipment (MDE): secondary capability against bunkers. bipartisan work to include the following pro-
One hundred eighty (180) Javelin Missiles. 2. The Javelin Weapon System is com- visions in the amendment to H.R. 4334, as
Seventy-nine (79) Javelin Command prised of two major tactical components, they are among the most important provi-
Launch Units (CLU). which are a reusable Command Launch Unit sions in the bill and reflect many of n4a’s
Non-MDE: Also included are Basic Skill (CLU) and a round contained in a disposable policy recommendations, which we shared
Trainers (BST), Missile Simulation Rounds launch tube assembly. The CLU incorporates with Congress in March 2019.
(MSR), Battery Coolant Units (BCU), tool an integrated day-night sight that provides a We very much appreciate the annual in-
kits, modified 2-level maintenance parts, target engagement capability in adverse creases in the authorized funding levels. A
training, U.S. Government and contractor weather and countermeasure environments. lack of adequate funding is the number one
technical assistance, transportation and The CLU may also be used in a stand-alone barrier our members face in meeting the
other related elements of logistics support. mode for battlefield surveillance and target needs of older adults and caregivers, and
(iv) Military Department: Army (PL–B– detection. The CLU’s thermal sight is a For- with the rapidly increasing numbers of older
UDN). ward Looking Infrared (FLIR) sensor. adults in every community, the bill’s rec-
(v) Prior Related Cases, if any: None. 3. The Javelin’s key technical feature is ommendations to increase core programs by
(vi) Sales Commission, Fee, etc., Paid, Of- seven percent in year one and six percent in
the use of fire-and-forget technology which
fered, or Agreed to be Paid: None. subsequent years is an excellent starting
(vii) Sensitivity of Technology Contained allows the gunner to fire and immediately
relocate or take cover. The missile is auton- point for appropriators to heed. Addition-
in the Defense Article or Defense Services ally, we are pleased that the bill the returns
Proposed to be Sold: See Attached Annex. omously guided to the target which allows
the gunner the ability to reload and engage to a five-year authorization period, which
(viii) Date Report Delivered to Congress: provides greater stability and allows the
March 4, 2020. another target after firing a missile. The
missile has a tandem warhead that is effec- Aging Network to focus on achieving the
*As defined in Section 47(6) of the Arms
tive against armor threats. Act’s goals, rather than divert time to advo-
Export Control Act.
4. The Javelin Missile System hardware cacy to renew a law that works so well.
POLICY JUSTIFICATION Part of any reauthorization is ensuring
and the documentation are UNCLASSIFIED.
Poland—Javelin Missile and Command The missile software which resides in the that the law remains clear in its direction,
Launch Unit CLU is CLASSIFIED. even as other systems or laws change over
The Government of Poland has requested 5. If a technologically advanced adversary time. Section 118 is an excellent example of
to buy one hundred eighty (180) Javelin mis- obtains knowledge of the specific hardware this, whereby the bill makes clear that Area
siles and seventy-nine (79) Javelin Command and software elements, the information Agencies on Aging can engage in emerging
Launch Units (CLUs). Also included are could be used to develop countermeasures or opportunities to serve greater numbers of
Basic Skill Trainers (BST), Missile Simula- equivalent systems that might reduce weap- older adults through non-OAA funding
tion Rounds (MSR), Battery Coolant Units on system effectiveness or be used in the de- streams. Examples include contracts with
(BCU), tool kits, modified 2–level mainte- velopment of a system with similar or ad- health care payers to provide meals or trans-
nance parts, training, U.S. Government and vanced capabilities. portation to clients; establishing private-pay
contractor technical assistance, transpor- 6. A determination has been made that Po- programs to enable AAAs to provide services
tation and other related elements of logistics land can provide substantially the same de- to those who can afford to purchase OAA-
support. The total estimated program cost is gree of protection for the sensitive tech- like services when OAA resources are limited
$100 million. nology being released as the U.S. Govern- or unavailable; or similar mechanisms that
This proposed sale will support the foreign ment. This proposed sale is necessary to fur- serve the goals of the Act while operating
policy and national security of the United ther the U.S. foreign policy and national se- outside of it. The bill also makes clear the
States by improving the security of a NATO curity objectives outlined in the Policy Jus- role of the Assistant Secretary on Aging to
ally and partner nation which is an impor- tification. continue encouraging and training the Aging
tant force for peace, political stability, and 7. All defense articles and services listed on Network on these matters of business acu-
economic progress in Eastern Europe. this transmittal are authorized for release men, innovation and changing models of
This proposed sale of the Javelin system and export to the Government of Poland. health care and social services.
SSpencer on DSKBBXCHB2PROD with SENATE
will help Poland build its long-term defense We also commend the Title VI Native
There being no objection, the mate- American aging program provisions. By al-
capacity to defend its sovereignty and terri-
torial integrity in order to meet its national rial was ordered to be printed in the lowing the Administration on Aging to cre-
defense requirements. Poland will have no RECORD, as follows: ate demonstrations around a broader array
difficulty absorbing this system into its NATIONAL ASSOCIATION OF of Supportive Services than most Title VI
armed forces. AREA AGENCIES OF AGING, aging programs can currently provide and in-
The proposed sale of this equipment and January 31, 2020. cludes increased funding to do so—the bill
support will not alter the basic military bal- DEAR CHAIRMEN ALEXANDER AND COLLINS, will help tribes build capacity and better
ance in the region. RANKING MEMBERS MURRAY AND CASEY, meet the needs of the elders they serve.
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S1470 CONGRESSIONAL RECORD — SENATE March 4, 2020
By including a robust new research and Since 1965, the OAA has been the primary has always been a bedrock goal of OAA, and
demonstration authority for the Administra- piece of federal legislation focused on estab- it has been remarkably successful. The Sup-
tion on Aging (AoA) in Title IV, we appre- lishing, coordinating and strengthening porting Older Americans Act builds on this
ciate your work to create a research and home- and community-based social and nu- success by further enhancing OAA programs
evaluation center in Sec. 127 focused on pro- trition services for adults 60 and older and and services. This amendment addresses
moting and coordinating research and eval- their families. OAA services like Meals on AARP’s OAA reauthorization priorities, in-
uation activities to enhance performance, Wheels, transportation, caregiver assistance, cluding further strengthening the National
develop new models and produce data-driven senior employment and training and elder Family Caregiver Support Program
assessments of the value of the OAA pro- rights protection are just some of the vital (NFCSP), extending the bipartisan Recog-
grams. While we are disappointed that these functions the OAA provides to more than 11 nize, Assist, Include, Support, and Engage
activities lack a specific funding authoriza- million seniors annually. (RAISE) Family Caregivers Act (P.L. 115–
tion, we are pleased that lawmakers ac- As you and many of your colleagues know
knowledge the importance of these activities 119), and increasing funding levels for OAA
firsthand, OAA services and supports—in-
and the need to create a dedicated entity fo- cluding the three nutrition programs author- programs.
cused on them. ized under Title III of the Act—help keep our The Supporting Older Americans Act en-
While a smaller measure, eliminating a 10 nation’s most vulnerable, isolated and food hances support for caregivers by encouraging
percent cap on serving grandparents and insecure seniors healthier and in their own the use of caregiver assessments under
other older relative caregivers under the homes and communities longer. This, in NFCSP. Assessing the caregiving situation
Act’s Title III E National Family Caregiver turn, delays and/or prevents altogether the can lead to targeting services more effec-
Support Program is also important to n4a need for more expensive institutional care tively by linking the caregiver to the serv-
members. Eliminating this arbitrary cap re- often paid for through Medicare or Medicaid. ices most beneficial to them. Better tar-
flects the growing realities of the opioid epi- OAA programs are not only extremely cost- geting of support services can also help
demic and the need for sufficient state and effective, but they are also longstanding ex-
local flexibility to serve these older care- maintain the health and well-being of the
amples of public-private partnerships that caregiver, sustain their ability to provide
givers who face uniquely challenging save taxpayer dollars at the local, state and
caregiving burdens. care, produce better outcomes for their loved
The research base revealing the negative federal levels in terms of reduced healthcare ones, and prevent or delay nursing home
health outcomes from social isolation and expenditures. placement. The provision to extend RAISE
We strongly support the authorized appro-
loneliness continues to grow and increas- will provide the RAISE Family Caregiving
priations increases contained in this legisla-
ingly documents the risks to the health and Advisory Council with more time to identify
tion. With nearly half of our Meals on
well-being of older adults. n4a appreciates meaningful solutions for supporting the 41
Wheels programs having a documented wait-
the bill’s thoughtful addition of language in million family caregivers nationwide who
ing list for nutrition services, the 6% in-
multiple places in the Act to recognize the provide a staggering $470 billion annually in
crease in authorization of funding levels
challenge we face, as well as the fact that unpaid care to their loved ones. And impor-
through Fiscal Year 2024 for OAA programs
many core OAA programs already address so- tantly, at a time when the older population
will significantly improve the senior nutri-
cial isolation and promote social engage- is projected to grow significantly, the in-
tion network’s ability to close these service
ment. creased funding levels provided in the
n4a requested a minor change to ensure gaps.
We further appreciate recognition of the amendment would assist more older Ameri-
that Area Agencies on Aging have access to
significant impact of OAA nutrition services cans and caregivers, thus helping more older
a state’s cost-sharing policy or guidance.
and supports and the steps taken to adults remain at home and in better health,
Section 212 of the bill also accomplishes this.
We will not detail the many other provi- strengthen them through provisions in this avoiding costlier services.
sions in the bill—most of which we support final compromise reauthorization bill. Provi- We commend the committees for their bi-
or take no position on—but will again reit- sions that advance research and data, includ- partisan and bicameral work, and urge
erate our thanks that this final product re- ing capturing the unmet need and scope of prompt reauthorization of the Older Ameri-
flects our members’ concerns and realities. waiting lists for congregate and home-deliv- cans Act to ensure that our loved ones can
Congress was diligent in soliciting and con- ered meals, and increase focus on culturally continue to turn to these vital services for
sidering the recommendations of a broad appropriate and medically-tailored meals, their health and economic security as they
array of constituencies and organizations malnutrition, and the negative health con- age. If you have any questions, please feel
during this reauthorization process. sequences of social isolation are key prior-
free to contact me or have your staff contact
Thank you for your leadership in crafting ities of our organization, among many oth-
Nicole Burda on our Government Affairs
an OAA update that ensures that the Act’s ers.
Accordingly, we urge the Senate to swiftly team.
innovative, efficient programs enabling older
pass the ‘‘Supporting Older Americans Act of Sincerely,
Americans to live at home and in their com-
2020’’ to help better meet the inherent MEGAN O’REILLY,
munities for as long as possible continues to
changes in our country’s aging population Vice President, Federal Health & Family,
be a lifeline in communities across the coun-
try. and serve more of those in need. Meals on Government Affairs.
We urge the Senate and House to act swift- Wheels America and the nationwide network
ly to approve the Supporting Older Ameri- of senior nutrition programs have appre- FEBRUARY 7, 2020.
cans Act of 2020, H.R. 4334, and send it to ciated contributing feedback and policy rec-
DEAR LEADERS MCCONNELL AND SCHUMER,
President Trump for his signature. The sta- ommendations throughout this reauthoriza-
SPEAKER PELOSI, LEADER MCCARTHY, CHAIR-
bility that a finalized and current OAA reau- tion process and look forward to continuing
MAN ALEXANDER, RANKING MEMBER MURRAY,
thorization provides is critical to ensuring to work with you to build upon the ongoing
that the millions of older adults and care- successes of the OAA. CHAIRMAN SCOTT AND RANKING MEMBER FOXX:
givers served by the OAA can continue to Thank you again for your leadership, pub- On behalf of the undersigned 128 national or-
live with dignity and independence in their lic service and support for our nation’s older ganizations with a vested interest in the
homes and communities for as long as pos- adults. well-being of America’s older adults and
sible. Should you have any questions, please Sincerely, caregivers, we write to you today in support
feel free to contact me or n4a’s policy staff ELLIE HOLLANDER, of the Supporting Older Americans Act of
at 202.872.0888. President and CEO. 2020 (H.R. 4334) to reauthorize the Older
Sincerely, Americans Act (OAA).
SANDY MARKWOOD, AARP, We recognize and appreciate the diligent
Chief Executive Officer. February 4, 2020. bipartisan and bicameral efforts to reauthor-
DEAR CHAIRMEN ALEXANDER AND SCOTT AND ize the Older Americans Act, which expired
MEALS ON WHEELS AMERICA, RANKING MEMBERS MURRAY AND FOXX: On be- on September 30, 2019. Achieving a reauthor-
January 30, 2019. half of our nearly 38 million members and all ization of this critical Act that reaffirms and
DEAR CHAIRMEN ALEXANDER AND COLLINS older Americans nationwide, I am writing to protects its mission will ensure the sustain-
AND RANKING MEMBERS MURRAY AND CASEY: express AARP’s support for the Supporting ability of vital OAA programs, as well as the
On behalf of Meals on Wheels America, the Older Americans Act of 2020, a bipartisan health, dignity, and independence of the
nationwide network of community-based amendment in the nature of a substitute to older Americans and their caregivers who de-
senior nutrition programs and the individ- H.R. 4334 that would reauthorize the Older pend on them.
uals they serve, we write to endorse the Americans Act (OAA). We are pleased that
SSpencer on DSKBBXCHB2PROD with SENATE
‘‘Supporting Older Americans Act of 2020.’’ this amendment maintains critical service The OAA is essential to developing, coordi-
This legislation would amend H.R. 4334, the and information roles of OAA programs, and nating, and delivering home and community-
Dignity in Aging Act that passed by voice promotes greater responsiveness to the needs based services that help older adults remain
vote in the House last fall, and reauthorize of older Americans. We appreciate your lead- in their homes and communities as they age.
the Older Americans Act (OAA) for five ership in developing this bipartisan, bi- Many individuals served by OAA-funded pro-
years. We commend you for your leadership cameral agreement and look forward to a grams would otherwise be at significant risk
and hard work to reach this bipartisan, bi- prompt reauthorization of OAA. of hunger, isolation, abuse, and losing their
cameral agreement and urge unanimous pas- Giving Americans the support they need to ability to choose where they want to age.
sage as soon as possible. live at home with independence and dignity OAA-supported programs are provided to
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1471
more than 11 million seniors and their care- ter to Advance Palliative Care; Christopher important legislation with Senator
givers annually, and include, but are not & Dana Reeve Foundation. BOB CASEY, who serves as the ranking
limited to, home-delivered and congregate College of Psychiatric and Neurologic member of the Senate Aging Com-
nutrition services, in-home supportive serv- Pharmacists (CPNP); CommunicationFIRST; mittee, which I chair, to reauthorize
ices, multipurpose senior centers, transpor- Community Catalyst; Congregation of Our
tation, caregiver support, disease prevention Lady of the Good Shepherd, U.S. Provinces;
and strengthen the landmark Older
and health promotion, community service Corporation for Supportive Housing; Daugh- Americans Act. A bipartisan group of
employment, the long-term care ombudsman ters of Penelope; Dementia Alliance Inter- 24 Senators cosponsored this reauthor-
program, and services to prevent the abuse, national; Easterseals; Family Voices; Flor- ization, and 128 national organizations
neglect, and exploitation of older adults. ida Agencies Serving the Blind; Feeding endorsed it. I rise today to commend
By keeping seniors healthy and in their America; Food Research & Action Center; this bipartisan achievement that will
communities for more than 50 years, OAA Generations United; Guide Dogs for the ensure that vital services for our sen-
programs have also delayed or prevented the Blind; Health Benefits ABCs; Home Instead iors continue and are strengthened.
need for more expensive institutional care Senior Care; Home Modification Occupa- Since 1965, the Older Americans Act
for many older adults, which is often paid for tional Therapy Alliance-HMOTA; Inter-
through Medicare or Medicaid. OAA services has helped to ensure that millions of
national Association for Indigenous Aging;
can effectively save taxpayer, state, and fed- seniors receive the support they need
Justice in Aging; Lakeshore Foundation;
eral dollars and promote efficiencies within LEAD Coalition (Leaders Engaged on Alz-
to age independently and with dignity.
the health care system. heimer’s Disease). Administered by the Administration
The Supporting Older Americans Act of LeadingAge; Livpact Inc.; Local Initiatives for Community Living, the Older
2020 builds upon both the House-passed Dig- Support Corporation; Lutheran Services in Americans Act authorizes an array of
nity in Aging Act (H.R. 4334) and the Senate- America; MAZON: A Jewish Response to services through a network of 56 State
introduced Modernization of the Older Amer- Hunger; Meals on Wheels America; Medicare units on aging and more than 600 area
icans Act Amendments (S. 3057) to incor- Rights Center; National Able Network; Na-
porate a number of important priorities ar-
agencies on aging, serving more than 10
tional Adult Day Services Association million Americans throughout the Na-
ticulated by stakeholder organizations. Most (NADSA); National Adult Protective Serv-
importantly, the bicameral compromise calls tion each year. OAA programs provide
ices Association; National Advocacy Center
for necessary investments in the OAA by in- of the Sisters of the Good Shepherd; Na-
nutritious food, transportation, assist-
creasing funding authorizations over the tional Affordable Housing Trust; National ance to caregivers, and in-home serv-
next five years—a top priority of the under- Alliance for Caregiving; National Asian Pa- ices for older adults. These invest-
signed organizations and the most critical cific Center on Aging (NAPCA); National ments foster a sense of community for
need of the Aging Network authorized by the Assn. of RSVP Directors; National Associa- older adults and save taxpayers money
OAA. tion for Home Care & Hospice; National As- by reducing hospitalizations and the
Other priorities within the bill address re-
sociation of Area Agencies on Aging (n4a); need for long-term residential care.
search and demonstrations, Native American
National Association of Councils on Develop- As our population ages, demand for
services, local planning and development,
mental Disabilities (NACDD); National Asso- Older Americans Act services has
supports for those living with dementia and
ciation of Counties (NACo); National Asso-
social isolation, legal services, nutrition, in- grown. Our legislation extends OAA
ciation of Development Organizations
home supportive services, disease prevention
(NADO); National Association of Nutrition
programs for 5 years and provides in-
and health promotion, multigenerational creased investments to meet growing
and Aging Services Programs (NANASP).
collaboration, and family caregiver supports. demands. For example, one hallmark
National Association of Regional Councils;
We appreciate that the Supporting Older OAA program is Meals on Wheels. Last
National Association of Senior Legal Hot-
Americans Act of 2020 preserves the numer-
lines; National Association of Social Work- year, this home-delivered nutrition
ous ways in which this Act works so well at
ers (NASW); National Association of State program provided seniors with 358 mil-
the federal, state, and local level, on behalf
Head Injury Administrators; National Asso- lion meals. In many States, however,
of the older adults and caregivers for whom
ciation of State Long-Term Care Ombuds- the need is soaring. In Maine, there is
it is a lifeline to dignity, independence,
man Programs (NASOP); National Commu-
health, safety, and economic security. a waitlist of 400 to 1,500 people, depend-
nity Action Partnership; National Commu-
Thank you for your commitment to this ing on the time of the year and the lo-
nity Reinvestment Coalition (NCRC); Na-
important issue. The undersigned organiza- cation in our State. That is why it is so
tional Consumer Voice for Quality Long-
tions represent a diverse set of stakeholders, important that this bill helps to ensure
Term Care; National Council on Aging; Na-
and we stand ready to build upon existing
tional Council on Independent Living; Na- that more seniors in need of nutritious
momentum to swiftly advance the com-
promise bill through Congress and to the
tional Housing Trust; National Law Center food can be served through important
on Homelessness & Poverty; National Res- programs such as Meals on Wheels.
President’s desk.
pite Coalition; NETWORK Lobby for Catho- At $11 a day, a meal is far cheaper
Sincerely,
AARP; Academy of Geriatric Physical lic Social Justice; Network of Jewish Human than the $2,400 average cost of a hos-
Therapy, a component of the APTA; Acad- Service Agencies; Ohio Council for Cognitive pital stay. Using Older Americans Act
emy of Nutrition and Dietetics; ADvancing Health; PHI; Planetree International; Pre-
dollars, the Southern Maine Agency on
States; Aging Life Care Association; AHEPA vent Blindness; Program in Occupational
Therapy, Washington University School of Aging conducted a pilot study that pro-
Management Company; Alliance for Aging vided seniors discharged from the hos-
Research; Alliance to End Hunger; Allies for Medicine; Region 10 LEAP; RESULTS; Re-
tirement Housing Foundation. pital with 4 weeks’ worth of food. The
Independence; ALS Association; Alzheimer’s
Alliance Michigan State University; Alz- Rossetti Enterprises Inc.; Sanford/Good Sa- results were astounding—hospital re-
heimer’s Association; Alzheimer’s Founda- maritan Society; Silvernest; Stewards of Af- admissions were reduced by 38 per-
tion of America; Alzheimer’s Impact Move- fordable Housing for the Future; The Arc of cent—a 387-percent return on invest-
ment; Alzheimer’s Los Angeles; Alzheimer’s the United States; The Association for ment. On a national scale, the savings
New Jersey; Alzheimer’s Tennessee; Amer- Frontotemporal Degeneration; The Carroll would be an astronomical $51 billion
ican Association For Geriatric Psychiatry; Center for the Blind; The Episcopal Church;
The Evangelical Lutheran Good Samaritan
annually.
American Association of Service Coordina- Our legislation also includes several
tors; American Association on Health and Society; The Gerontological Society of
America; The Jewish Federations of North provisions to combat social isolation,
Disability; American Council of the Blind. which can have devastating health ef-
American Geriatrics Society; American America; Trust for America’s Health
Hellenic Educational Progressive Associa- (TFAH); United Church of Christ Justice and fects, particularly on older adults who
tion; American Network of Community Op- Witness Ministries; United Spinal Associa- are already vulnerable.
tions & Resources (ANCOR); American Occu- tion; UsAgainstAlzheimer’s; Village to Vil- As the executive director of the East-
pational Therapy Association; American lage Network; VisionServe Alliance; WISER; ern Maine Area Agency on Aging, Dyan
Physical Therapy Association; American Volunteers of America; Women’s Institute Walsh, said, The Older Americans Act
Public Health Association; American Thera- for a Secure Retirement (WISER). is a great victory for the aging services
SSpencer on DSKBBXCHB2PROD with SENATE
peutic Recreation Association; Argentum; f network and those we serve. There are
Association of Assistive Technology Act Pro- many important provisions in the bill,
grams; Baylor Scott & White Health; Better SUPPORTING OLDER AMERICANS not the least of which is the focus on
Medicare Alliance; Blinded Veterans Asso- ACT OF 2020
ciation (BVA); Brain Injury Association of
research to study the negative con-
America; Caregiver Action Network; Care- Ms. COLLINS. Mr. President, last sequences of social isolation and loneli-
giver Voices United; Caring Across Genera- night the Senate unanimously passed ness which impacts so many rural older
tions; CaringKind; Center for Medicare Advo- my legislation, the Supporting Older adults. We look to the future with a re-
cacy; Center for Public Representation; Cen- Americans Act of 2020. I developed this newed focus to integrate innovative
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S1472 CONGRESSIONAL RECORD — SENATE March 4, 2020
strategies that will advance our mis- posed to violence in every corner of our So, I am asking you to please, please stop
sion to support communities and those Nation. I ask unanimous consent that the violence. I started YOUNG Men’s Acad-
who are the most vulnerable. this report be printed in the CONGRES- emy at Whitney Young Elementary, a
mentorship program, to try to help, and I ap-
The Older Americans Act is a shining SIONAL RECORD with the hope that
plaud this report and all efforts to bring at-
example of a Federal policy that every Member of Congress will read it tention to the needs of kids exposed to vio-
works. Every $1 invested into the Older and work with me to create safer com- lence, and to help them reach their poten-
Americans Act generates $3 by helping munities for our children. tial.’’
seniors stay at home through low-cost, There being no objection, the mate- Dr. J. David Richardson, Chief of Surgery, Uni-
community-based services. I thank the rial was ordered to be printed in the versity of Louisville Hospital
dozens of stakeholders we have worked RECORD, as fallows: , ‘‘Having been involved in the care of the
with over the past several months to VIOLENCE IMPACT ON CHILDREN LEARNING injured for over 40 years, I applaud the cur-
reauthorize and strengthen OAA, in- The Christopher 2X Game Changers Target rent focus on the downstream effects of gun
cluding the Leadership Council of Education—Crush Violence violence in our community. As trauma sur-
Aging Organizations, AARP, the Na- geons, our team focuses on the ‘‘victim’’ or
SHINING A LIGHT ON HOW GUN VIOLENCE injured. We analyze their care and outcomes
tional Association of Area Agencies on IMPACTS KIDS through our quality review process, but we
Aging, the National Alliance for Kentucky Education Commissioner Dr. Wayne have few, if any, mechanisms for examining
Caregiving, Meals on Wheels America, D. Lewis the effects on families, neighbors, or others
the National Association of Counties, ‘‘Children who grow up in violent neighbor- in the community who are impacted by this
and the Alzheimer’s Association. I ask hoods seldom realize their way of life is not violence. I have been particularly concerned
unanimous consent to have these let- typical. Their lives may include regularly about the children who bear witness to these
ters of support printed in the RECORD hearing gunshots through the night and acts, even if they are not directly or phys-
at the end of my remarks. sometimes during the day, losing friends, ically injured. How can a growing, evolving,
family, and neighbors to gun violence, and learning, adapting brain develop as we would
I urge my colleagues in the House to
continually being fearful of becoming the desire in an atmosphere of uncertainty and
support this important reauthorization fear? I have heard countless stories of the
victim of violent crime.
so that we can swiftly send it to the No parent wants that kind of life for their deleterious effects of these acts of violence
President’s desk to get signed into law. children, but that is what life looks like for and their negative impact on the culture and
f children living in violent neighborhoods well-being of our neighborhoods. While it is
across the U.S., including children in some cliche to state ‘‘our children are our future’’,
GAME CHANGERS STUDY Louisville neighborhoods. The trauma they it is nonetheless true. The children who are
Mr. PAUL. Mr. President, I recently suffer is unlike anything children growing up exposed to gun violence in Louisville deserve
had the honor of being welcomed by in upper middle class or affluent neighbor- better.’’
Game Changers, an organization based hoods could imagine. And the impact of that Troy Pitcock, retired LMPD Major 2nd Division
in Louisville, KY, devoted to guiding trauma, while often unrecognized, is signifi- ‘‘Gun violence has a horrifying impact on
cant; often impacting their ability to reach our youth. Witnessing it directly or the rem-
our youth toward productive and their learning potential at school. nants of violence at police crime scenes are
meaningful lives, for a panel discussion Recognizing and responding to the trauma situations too many of our youth are ex-
on the impact of violence in our com- of students who experience violence has to be posed to, many times at such early ages.
munity. The executive director of part of how we educate them. There is no These situations have life lasting implica-
Game Changers is Christopher 2X, who way to reasonably expect students who have tions on children, at times creating a percep-
I have known for many years and experienced such trauma to leave their fears, tion such violence is acceptable. A lack of
watched change the lives of so many anxieties, and pain at home when they come parental support can enhance the believe to
Kentuckians through his advocacy, to school. Instead, it is incumbent upon our youth that such actions are acceptable
schools to help connect students with com- or even the proper method to deal with con-
leadership, and community building ef- munity resources as appropriate, and to do flict.’’
forts. In December of 2019, just a few our absolute best to be sensitive to and ac- CHRISTOPHER 2X
months ago, Christopher showed me commodate students’ social and emotional
the findings of Game Changers’s study Imagine you’re a mom at home watching a
needs as we work to meet their academic
video with your kids and their playmates on
on the impact of youth violence re- needs in schools.’’
a Saturday afternoon when all a sudden your
cently released by his organization. Jenny Benner, Senior Director-Child Develop- home is being riddled with bullets from a
Subsequently, I asked him to organize ment Center, Chestnut Street Family YMCA high-caliber weapon.
an event in West Louisville with a ‘‘As an early childhood educator, it has be- Bullets through the walls, furniture, shat-
panel of community leaders and par- come more common to see children who have tering the oven door, while you scramble to
ents to discuss the report and how vio- been affected in some way by violence. Many get the little ones on the floor, covered with
lent crime affects the lives of Louis- of the children we serve are too young to your body, and under a bed, to keep them
verbalize their trauma or stress. Because of safe.
ville youth. No imagination is needed. This happened
this, we have to ensure early childhood edu-
At the event, we not only discussed cators have the training and support needed to my daughter Heaven, a child development
the findings, but also heard from to help these children build resilience. We specialist, who was with six children, ages 1–
Louisvillians whose real-life stories are focus heavily on a child’s social-emotional 7, when her home was hit with gunfire from
contained in the pages of those reports. development and the first step is to make an AK–47 in the middle of the afternoon last
Kentucky Education Commissioner, sure they feel safe and loved. Dec. 1. Two neighboring apartments in the
Dr. Wayne D. Lewis, educated us on the Once in a safe environment, they will open new Shepherd Square complex just east of
burden that violence has on children. up to learn skills necessary to be successful downtown also were hit.
in school and life. It is also important to While thankfully no one was physically
However, the only way to grasp the hurt, the trauma from exposure to such a
teach problem-solving and how to resolve
true tragedy of violent crime is to hear conflicts appropriately, using words. I be- violent act can interrupt a child’s normal de-
from those impacted. I met with lieve this skill is lacking in some children velopment and ability to learn in school.
Deshante Edwards, who not only lost and they are most likely to continue cycles My daughter’s experience and a spike in
her son, Donte, but now sees her 6- of violence because that is all they know. gun violence last summer—with teens shoot-
year-old grandson subsequently lose This report shines a light on how important ing automatic weapons out of stolen cars,
education is, even as early as infancy, and kids as young as 13 charged with murder—
focus in school. I listened as Krista and
my hope is that this will start a dialogue made me want to shine a light on the impact
Navada Gwynn told me that, as a re- of gun violence on children and their learn-
sult of the murder of their son, Chris- about how we as a community can come to-
gether to serve children to our best ability!’’ ing.
tian, their 17- and 11-year old children As a peace and justice advocate for nearly
Jefferson Family Court Judge Derwin Webb
SSpencer on DSKBBXCHB2PROD with SENATE
are too petrified to go outside. Only 20 years, I know my daughter’s experience is
personal stories such as these truly ‘‘When I was 15 years old, one of my good not unique. In all parts of our city, citizens
demonstrate the extreme toll taken on friends was accidentally shot and killed by a report hearing gunfire to police every day
friend. A few years later, that same shooter and gunshots have been heard outside my
children exposed to violence. was accidentally shot and killed by someone daughter’s apartment multiple times since
That is why I feel compelled to share else. Today, we have kids killing kids—at the day her home was splattered with bul-
Game Changers’s findings on violence random times—intentionally. Louisville, we lets.
and its impact on our youth with my are better than this. Guns have no names, In the first nine months of this year, 65 of
colleagues. Tragically, children are ex- bullets have no names, but our children do. the 73 murders in Louisville Metro were from
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1473
gunfire, and family and friends—including outside on the porch or nearby throwing a their home during the summer, and a video
many young children—struggle with the football or shooting hoops. on social media of teens with guns touting
losses. In all, 276 people were shot from Jan- She liked having them around the house an ‘‘east vs west’’ rivalry with random gun
uary-September, more than 30 people a where they’d lived for 10 years, she said, be- violence.
month. cause it meant they weren’t on the street. ‘‘It’s messed up,’’ the boy said.
Children suffer if they get hit by bullet, She enforced stern rules, checked on her He said he began staying inside their house
witness a shooting, lose someone close or boys often by phone and Devin had never in early July after he was outside with
live on edge because the crack of gunshots is been in any trouble, she said. friends in the early evening and a car pulled
as common as the chirping of a songbird. Ten days after Devin’s murder, another up on their street with a gun pointing out
They often can’t focus or learn in school. shooting solidified her decision to move. On the window. He ran to his backyard and said
Some can’t sleep and have nightmares. Some June 23, Tyrese Garvin, 20, was shot almost after that, ‘‘I decided on my own not to go
withdraw, others act out or retaliate and re- directly across the street from where her son out.’’
sort to violence themselves. was killed. Garvin had been visiting his new- His sister said she thinks ‘‘the world’s just
In sharing their stories on the following born twins at University Hospital. He died getting violent.’’ She didn’t go outside ‘‘be-
pages—some redemptive, some tragic—we five days later in the same hospital where cause the west and the east was doing a
can all have a better understanding of what his twins were being treated. Three juveniles shootout.’’ She said she learned about it
this sick culture of gun violence is doing to including a 14-year-old were charged with his through a video on Facebook.
our children and their ability to learn. We murder. Their parents said they don’t call police
can all do a better job recognizing children ‘‘There was no way we were going to stay,’’ because they don’t think there is much the
who are suffering and providing help they Karneh said. police can do, although they wish there were
need to succeed in school and reach their po- She and Devin knew Garvin, who was a more routine police patrols visible on their
tential. senior when Devin was a freshman at Ath- streets. Police respond to gunfire, but with-
There are many people—teachers, police erton and Garvin attended Devin’s memorial out adequate information they are unable to
officers, counselors, therapists, physicians, service, a few days before he was murdered. make an arrest, their father said.
nurses, others—doing amazing work to help In their new home, Devin’s portrait hangs ‘‘You don’t want to keep your kids locked
victims and their families. But much more is in the living room near the front door and in,’’ their mother said. ‘‘You are scared for
needed. Here is my call to action as a start: his brother at times stares at it. ‘‘It reminds their safety, too. You don’t know what to
Parents/adults with children under your me of how many good days we had,’’ he said. do.’’
care: Talk to your child’s teacher or school ‘‘I was supposed to go to Atherton with him Citizen reports of hearing gunshots over 18
counselor if your child has been exposed to this year. He was supposed to show me the months, from Jan. 1, 2018–June 2019, totaled
violence so they can be supportive and help- bus stops and everything and it just kills 4,558, from every Louisville Metro police dis-
ful. Don’t assume your child is ok. Seek me.’’ Instead his brother is gone, he’s is a trict.
services for your child through the school or new neighborhood and attending Moore High Homicides by police district Jan.–Sept.
others such as their doctor if your family School, and he said it doesn’t feel right. 2019: 1st District—12; 2nd District—25; 3rd
needs help. The school alerted his mother to concerns District—11; 4th District—13; 5th District—3;
Teachers: Know the symptoms of trauma about him focusing and his grief and he and 6th District—5; 7th District—2; 8th District—
in a child, which vary based on age and the family members are receiving counseling. 2; Total: 73.
individual child but include acting out, ag- Two other younger brothers, 11 and 13, are
DIONTAE ‘‘TAY’’ REED
gressive verbal or physical behavior, or with- attending Moore Middle School and said
drawal and not doing their work. Use school they are doing their best to live up to At 18, Diontae ‘‘Tay’’ Reed seems happy,
resources to link the child to professional Devin’s memory. with a playful sense of humor and a lot to be
evaluation and help. Devin’s four brothers—the oldest is 21—and proud of—good grades, a diploma from
Principals/administrators: Support teacher a 10-year-old cousin were at home when Ballard High School, a future full of possi-
training at your schools, and make sure chil- Devin was killed and some of them heard the bilities including college.
dren in need receive evaluations and follow shots. He’s come a long way from age 13 when he
up treatment if needed. Karneh’s 14-year-old son called her at work was shot in the back, underwent surgery and
I am deeply grateful to survivors of gun vi- to report hearing gunfire and that Devin was spent 11 days in the hospital. His homes have
olence and others for sharing their stories. not home. When Devin did not respond to her been shot up four different times, and he
May God bless the victims, survivors and the texts, ‘‘I knew it was him,’’ she said. knows more people who have been shot or
angels in their lives who support them. Her sister, Sietta Karneh, said the family killed than he can count on both hands.
DEVIN SESAY AND FAMILY wants to keep Devin’s memory alive. He was ‘‘I knew about the violence in my neigh-
an outgoing, athletic, fun teenager with a borhood at a young age,’’ he said. ‘‘I have
Before June 13, he was excited about his
slew of friends who have taken his death trust issues. I don’t trust people easily so
upcoming freshman year at Atherton High
hard, posting remembrances on social media, wherever I go I’m always looking.’’
School. He was also relieved because his big
his aunt said. She and her sister have raised Now he’s the first person in his family to
brother, Devin Sesay, a rising Atherton sen-
their kids as one family. ‘‘I also lost a son,’’ have graduated from high school, months
ior, would teach him the ropes at his new
she said about Devin. ‘‘I can’t get over how after he and his family—his mother and a
school.
The brothers would walk to the bus stop close to home he was when they took his younger sister—were evicted from their
together every morning. On the first day, life . . . . I can’t get over this nightmare.’’ home in the Portland neighborhood. He is
*Deadliest Month of 2019: June—15 homi- staying with a friend’s family while his
they would be sporting new shoes that Devin,
cides, the highest number of murders in any mother and sister are living apart with rel-
a smart dresser, would find online.
Everything changed on June 13 for the boy, month in the past five years and more than atives. He takes the bus from the apartment
14, and his close extended family whose twice the seven homicides in June 2018. where he is living in the Portland neighbor-
members first came to the United States 27 A FAMILY HUNKERS DOWN hood to Mall St. Matthews and back for his
years ago to escape war-torn Liberia in West Near 22nd and Oak streets in West Louis- part-time job at a shoe store.
Africa. ville, a 12-year-old boy and his 13-year-old Diontae wonders if he’s ready for college,
On June 13, Devin was shot and died on sister decided to stay inside during the sum- and he’s deeply worried about how he would
Roselane Street in Smoketown, three doors mer because they were afraid they’d get shot pay for tuition, but he is exploring options
down from the family’s home. He was 17. if they ventured outdoors. as he also dreams of having a driver’s license
Family members said Devin had been walk- Their parents don’t want their names re- and a car someday.
ing home late at night from playing basket- vealed. ‘‘We are so close to it. We’re a stone’s He credits his mother, who ‘‘was always on
ball in nearby Shelby Park when shots were throw away from it in either direction,’’ me’’ for keeping him on the right track, off
fired from a passing car. their father said about the gun violence. the streets and focused on school. He also
Devin’s family—his grandfather, mother Their mother, who remembers a safe envi- credits Ballard High School teachers and a
and four brothers, his aunt and cousins—are ronment when she was growing up in the special tutor for helping him achieve. ‘‘I al-
dealing with devastating shock, grief and neighborhood, said they hear gunshots two ways made teachers laugh,’’ he said with a
anger over his murder, while also coping or three times a month at least, usually at smile, and ‘‘they became friends to me.’’ He
with other major life adjustments. night. She said they stay inside, and don’t go can tick off the names of several he admired.
A few weeks after Devin’s murder, his near the windows. He attended Shawnee Academy his fresh-
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mother, grandfather and brothers moved to a ‘‘You hear it so much you get used to it. man year but pursued a transfer to Ballard
brick ranch house and new school district 13 You hope the gunshots don’t affect your fam- with the help of his mother. ‘‘I felt like if I
miles away in southern Jefferson County. ily.’’ When news reports spotlight a deadly had stayed at that school I wouldn’t have
‘‘I was afraid for the boys,’’ said their shooting in areas where she has family ‘‘you learned anything,’’ because teachers spent so
mother, Maima Karneh, 41, a certified nurse think my brother lives down there. I hope it much time trying to control the classroom,
assistant who works nights at the Home of wasn’t him. You tend to tense up when you he said.
the Innocents, not far from Smoketown. hear things like that.’’ His cousin had been doing well at Ballard,
Her boys and other children often hung out Their children are keenly aware, too. They had a tutor, and he thought that formula
at their home, inside playing video games, know about gunshot deaths not far from would also work for him, and it did.
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S1474 CONGRESSIONAL RECORD — SENATE March 4, 2020
‘‘I’m seeing I’m getting good grades,’’ he leverage her knowledge to help nego- knowledge and expertise are unparal-
said. ‘‘I do not want to go home and be on tiate and advance such policies into leled, but her passion, creativity, and
the streets and do something that could get law and her passion for doing so are tenacity truly are what have made her
me killed.’’
His two older brothers, 23 and 22, chose a
what set Algene apart from most oth- an asset to my team and a voice that I
‘‘way different path.’’ When he was shot four ers in this highly competitive field. will greatly miss in my office.
years ago, he was running away from a fight But Algene’s accomplishments do not It has been an honor working with
his brothers got into with another group of end with advancing landmark human Algene over the years, and I wish her
boys. When asked why he thought his homes rights, transparency, foreign assist- nothing but happiness and success as
had been shot up in the past, he responded, ance, and international development she transitions her career off Capitol
‘‘my brothers.’’ While he’s close to them, ‘‘I legislation. Algene has also worked Hill.
could never ask them what they’re doing.’’ tirelessly at my direction on several
While in the hospital, recovering from sur- f
bills related to human rights in con-
gery and a collapsed lung, he was angry but ADDITIONAL STATEMENTS
told relatives and friends who visited him flict zones, including the Syrian War
that he didn’t want any more violence, no re- Crimes Accountability Act and the Elie
taliation. He said he would have liked to Wiesel Genocide and Atrocities Preven- TRIBUTE TO SCOTT BENNETT
have seen whoever shot him go to jail but no tion Act P.L. 115–441. Algene’s efforts
arrests were made. have helped cement my legacy in these ∑ Mr. BOOZMAN. Mr. President, I rise
He participated in the Christopher 2X arenas and as Special Representative today to recognize the career of Scott
‘‘Hood2Hood’’ antiviolence campaign, for Anti-Semitism, Racism, Intoler- Bennett, who is retiring as director of
preaching non-violence door-to-door and in the Arkansas Department of Transpor-
ance for the Organization for Security
neighborhoods and remains active in anti-vi- tation after nearly 32 years of service
olence and community service programs. and Cooperation in Europe—OSCE—
Parliamentary Assembly, to help pro- and dedication to the State.
‘‘The violence going on now is terrible,
pel my work to create a world where Scott assumed his current post as di-
crazy,’’ he said. ‘‘People don’t even want to
go outside because of what is going on.’’ the promise of ‘‘never again’’ in re- rector in 2011; however, he has been an
73—Number of homicides in Louisville in sponse to genocide will one day bear asset to ARDOT since his summers as
the first nine months of 2019, an increase of truth. an engineering intern. Scott’s hard
nearly 20 percent compared to the first nine Our work together has transcended work, passion, and knowledge allowed
months of 2018 when 61 murders were com- several Presidential administrations. him to build a celebrated career that
mitted. has greatly benefited the State and its
72.6%—53, of the 73 homicide victims in the We have observed Executive overstep
with regard to war powers on numerous citizens. He received a bachelor’s de-
first nine months of 2019 were black com-
pared to 63% for the same time period in occasions. We have opened our eyes to gree in civil engineering from the Uni-
2018. the use of U.S. manufactured weapons versity of Arkansas in 1989 and became
32%—of the victims, 25 killed, were under to commit war crimes and repress a full-time employee of the Planning
age 25, with eight victims 11–17 years old. human rights around the world. In re- and Research Division. He also earned
One victim was under age 11. sponse, Algene and I also developed my a master’s degree in civil engineering
Homicides: 2014: 55; 2015: 80; 2016: 118; 2017: in 1994 while working for ARDOT.
signature arms sales oversight legisla-
102; 2018: 80. During the past 9 years, his effective
89% of the 73 murder victims, 65 people, in tion, the Enhancing Human Rights
Protections in Arms Sales Act of 2019, and influential leadership has been in-
the first nine months of 2019 were killed by
gunfire, the highest percentage of homicides and numerous bills, resolutions, and disputable. Scott led ARDOT’s efforts
by gunfire for a comparable time period in amendments on authorization of use of to implement significant highway re-
the past five years. military force, conflict prevention, habilitation efforts, including the 2011
f peace and reconciliation, and commu- Interstate Rehabilitation Program and
nity resiliency policies. the 2012 Connecting Arkansas Program,
TRIBUTE TO ALGENE SAJERY both of which were approved by voters.
Algene’s successful legislative record
Mr. CARDIN. Mr. President, today I is testament not only to her expertise Scott is an active leader in the trans-
rise to thank Algene Sajery, a senior on foreign policy and national security portation and engineering commu-
member of my foreign policy legisla- issues but also to her keen negotiating nities in the State and at the national
tive staff, for her incredible service to skills, ability to work across the aisle, level. He was appointed to the Arkan-
the State of Maryland, our country, and incomparable political acumen. sas Board of Licensure for Professional
and by virtue of her foreign policy and But Algene’s service on my legislative Engineers and Professional Land Sur-
national security legislative achieve- staff has gone far and beyond helping veyors in 2015, where he currently
ments, to the international commu- me draft and advance legislation. One serves as president. In 2017, Scott was
nity. I am incredibly grateful for all of the most striking qualities of elected secretary-treasurer of the
that we have accomplished during her Algene’s character and, in my opinion, American Association of State High-
tenure. one of the most noteworthy accom- way and Transportation Officials, after
Algene has served as my senior for- plishments as a part of her distinct leg- previously serving as a member of the
eign policy and national security advi- acy on my team, is her dedication to board of directors. Scott has served on
sor since 2012 and concurrently as helping others around her. other various organizations to support
democratic policy director for the Sen- Algene is one of only a handful of the transportation industry and im-
ate Committee on Foreign Relations women of color working on foreign pol- prove roadways for all Americans.
from 2015 through 2018. Over the years, icy and national security issues and Scott has earned many accolades
Algene has served as my lead staff au- the first African-American woman to over the course of his career. The
thor and/or negotiator of several land- serve in a leadership position on the American Association of State High-
mark national security and foreign pol- Senate Foreign Relations Committee. way and Transportation Officials pre-
icy laws, including the Global Over the years, she has served as a sented him with the Thomas H. Mac-
Magnitsky Human Rights and Ac- mentor to women of color at various Donald Memorial Award, which recog-
countability Act, P.L. 114–328; the For- stages in their careers, offering advice, nizes top engineers in the transpor-
eign Aid Transparency and Account- support, and guidance. Algene has al- tation profession. In 2005, he received
ability Act, P.L. 114–191; the African ways made time to support those the University of Arkansas Young En-
Growth and Opportunity Act and Mil- around her because she understands gineer Alumni of the Year Award, and
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lennium Challenge Act Modernization the challenges of launching and navi- in 2019 he was honored with the Univer-
Act, AGOA and MCA Modernization gating a career in foreign policy and sity of Arkansas College of
Act, P.L. 115–167; the Global Food Se- national security, and she genuinely Engineering’s Distinguished Alumni
curity Act, P.L. 114–195; and the Elec- wants to propel others towards simi- Award. In 2010, Scott was inducted into
trify Africa Act, P.L. 114–121. These ac- larly successful career paths. the Arkansas Academy of Civil Engi-
complishments demonstrate the wide- Algene is a highly effective legisla- neering.
ranging policy areas over which Algene tive negotiator, strategist, coalition I applaud Scott for his accomplished
has extensive knowledge. Her ability to builder, and a true trailblazer. Her career with the Arkansas Department
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1475
of Transportation. He has displayed his saying quite a lot. In the Mountain spect to the actions and policies of cer-
commitment to improving the quality State, if you are hungry, you will be tain members of the Government of
of life for Arkansans, and he leaves be- fed. If you are lost, someone will not Zimbabwe and other persons to under-
hind a legacy that will continue to be only give you directions but will offer mine Zimbabwe’s democratic processes
felt across the State. I appreciate his to drive you to your destination. That or institutions is to continue in effect
friendship and am grateful for his years is just who we are, and that is who beyond March 6, 2020.
of devoted service to the Natural Sonny was. We have lost a shining star In the wake of the resignation of
State.∑ in Boone County, but his impact, vi- former President Robert Mugabe in No-
f sion, and his passion for this special vember 2017, Zimbabwe’s national elec-
community will last forever. It was an tions in July 2018, and President
REMEMBERING HAROLD HOWARD Mugabe’s subsequent death in Sep-
‘‘SONNY’’ HOWELL II honor to have known him and to call
him my friend. He never met a stranger tember 2019, Zimbabwe has had ample
∑ Mr. MANCHIN. Mr. President, I rise and always had time to share a story. opportunity to implement reforms that
today to honor a proud West Virginian, What is most important is that could set the country on a constructive
a dedicated public servant, a beloved Sonny lived a full life, surrounded by path, stabilize the southern African re-
husband, father, grandfather, and a dear friends and family. It is my hope gion, and open the door to greater co-
dear friend to all who had the pleasure operation with the United States. Un-
that his loved ones are able to find
of knowing him. It is a privilege to rec- fortunately, President Emmerson
peace, strength, and support in one an-
ognize the life and legacy of Mayor Mnangagwa’s administration has yet
other. I extend my condolences to his
Harold Howard ‘‘Sonny’’ Howell II for to signal credible political will to im-
wife of 59 years, Onia, his son Kip, his
his many years of dedicated service to plement such reforms. Indeed, the
daughter-in-law Deanna, his grand-
the city of Madison, Boone County, and Zimbabwean government has arguably
children Harry and Meredith, sister-in-
to our entire home State. accelerated its persecution of critics
Gayle and I are heartbroken to learn law Marilyn, brother-in-law Mike, and
a host of nieces and nephews, who lov- and economic mismanagement in the
of the passing of our dear friend Sonny. past year, during which security forces
My uncle, the late A. James Manchin, ingly referred to him as Uncle Son.
Again, I extend to you my most sincere have conducted extrajudicial killings,
and Sonny were the closest of friends. rapes, and alleged abductions of numer-
I first met Sonny in the 1970s and he re- condolences for our loss of this wonder-
ful person. The unwavering love Sonny ous dissidents.
mained an absolute unconditional, life- These actions and policies by certain
long friend. I have met many unique had for his family, friends, community,
members of the Government of
people throughout the years, but no- and our home State will live on forever
Zimbabwe and other persons to under-
body compared to Sonny. He was a true in the hearts of all who knew him.∑
mine Zimbabwe’s democratic processes
example of what it means to be a pub- f or institutions continue to pose an un-
lic servant, having served in the U.S. usual and extraordinary threat to the
MESSAGE FROM THE PRESIDENT
Army, as justice of the peace, Boone foreign policy of the United States.
County Circuit clerk, and for many A message from the President of the Therefore, I have determined that it is
years as mayor of Madison. United States was communicated to necessary to continue the national
Born and raised in Madison, Sonny the Senate by Ms. Roberts, one of his emergency declared in Executive Order
was a member of the Madison United secretaries. 13288 with respect to Zimbabwe.
Methodist Church for more than 80 f DONALD J. TRUMP.
years. He was a 1956 graduate of Scott THE WHITE HOUSE, March 4, 2020.
High School, and he attended West Vir- PRESIDENTIAL MESSAGE
f
ginia Wesleyan College, Morris Harvey
College, and West Virginia State Col- MESSAGES FROM THE HOUSE
lege. He was a member of the Masonic REPORT ON THE CONTINUATION At 10:02 a.m., a message from the
O’Dell Lodge, Beni Kedem Shrine, OF THE NATIONAL EMERGENCY House of Representatives, delivered by
Royal Order of the Jesters, Madison ORIGINALLY DECLARED IN EX- Mr. Novotny, one of its reading clerks,
Rotary Club, Paul Harris Fellow for ECUTIVE ORDER 13288 OF MARCH announced that the House has passed
Rotary International, Member of the 6, 2003, WITH RESPECT TO THE the following bill, in which it requests
Municipal League, and a recipient of ACTIONS AND POLICIES OF CER- the concurrence of the Senate:
the 35th Star from my uncle A. James TAIN MEMBERS OF THE GOV- H.R. 4508. An act to expand the number of
Manchin. He and his wife Onia have ERNMENT OF ZIMBABWE AND scholarships available to Pakistani Women
been the owners of Howell Rental, a OTHER PERSONS TO UNDERMINE under the Merit and Needs-Based Scholar-
family business started by Sonny’s fa- ZIMBABWE’S DEMOCRATIC PROC- ship Program.
ther in 1940. ESSES OR INSTITUTIONS—PM 49 The message also announced that the
There is a lot to be said of someone The PRESIDING OFFICER laid be- House has passed the following bill,
who bravely serves our Nation, then re- fore the Senate the following message with an amendment, in which it re-
turns home to continue giving back to from the President of the United quests the concurrence of the Senate:
the community that made them who States, together with an accompanying S. 1822. An act to require the Federal Com-
they are. When visitors come to West report, which was referred to the Com- munications Commission to issue rules re-
Virginia, I jump at the chance to tell lating to the collection of data with respect
mittee on Banking, Housing, and
them we have fought in more wars, to the availability of broadband services, and
Urban Affairs: for other purposes.
shed more blood, and lost more lives
for the cause of freedom than most any To the Congress of the United States:
At 5:03 p.m., a message from House of
State. We have always done the heavy Section 202(d) of the National Emer-
Representatives, delivered by Mrs.
lifting and never complained. We have gencies Act (50 U.S.C. 1622(d)) provides
Cole, one of its reading clerks, an-
mined the coal and forged the steel for the automatic termination of a na-
nounced that the House has passed the
that built the guns, ships, and factories tional emergency unless, within 90
following bill, in which it requests the
that have protected and continue to days before the anniversary date of its
concurrence of the Senate:
protect our country to this day. I am declaration, the President publishes in
H.R. 6074. An act making emergency sup-
so deeply proud of what West Vir- the Federal Register and transmits to plemental appropriations for the fiscal year
SSpencer on DSKBBXCHB2PROD with SENATE
ginians have accomplished and what the Congress a notice stating that the ending September 30, 2020, and for other pur-
they will continue to accomplish to emergency is to continue in effect be- poses.
protect the freedoms we hold dear. yond the anniversary date. In accord- f
That is Sonny’s legacy, and his cour- ance with this provision, I have sent to
age, loyalty, and humility will never be the Federal Register for publication the MEASURES REFERRED
forgotten. enclosed notice stating that the na- The following bill was read the first
Put simply, Sonny represented the tional emergency declared in Executive and the second times by unanimous
very best of West Virginia, which is Order 13288 of March 6, 2003, with re- consent, and referred as indicated:
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S1476 CONGRESSIONAL RECORD — SENATE March 4, 2020
H.R. 4508. An act to expand the number of ‘‘Emerging Markets Programs’’ (RIN0551– Federal Transit Administration, and for
scholarships available to Pakistani women AA95) received during adjournment of the other purposes; to the Committee on Bank-
under the Merit and Needs-Based Scholar- Senate in the Office of the President of the ing, Housing, and Urban Affairs.
ship Program; to the Committee on Foreign Senate on February 21, 2020; to the Com- By Mrs. LOEFFLER (for herself, Mrs.
Relations. mittee on Agriculture, Nutrition, and For- BLACKBURN, Ms. ERNST, Mr. INHOFE,
f estry. Mr. LANKFORD, Mr. BRAUN, and Mr.
EC–4184. A communication from the Direc- SCOTT of Florida):
EXECUTIVE AND OTHER tor of the Regulatory Management Division, S. 3388. A bill to ensure that women seek-
COMMUNICATIONS Environmental Protection Agency, transmit- ing an abortion are informed of the medical
ting, pursuant to law, the report of a rule en- risks associated with the abortion procedure
The following communications were titled ‘‘Air Plan Approval; Michigan; Second and the major developmental characteristics
laid before the Senate, together with Limited Maintenance Plans for 1997 Ozone of the unborn child, before giving their in-
accompanying papers, reports, and doc- NAAQS’’ (FRL No. 10006–00–Region 5) re- formed consent to receive an abortion; to the
uments, and were referred as indicated: ceived in the Office of the President of the Committee on Health, Education, Labor, and
EC–4176. A communication from the Board Senate on March 2, 2020; to the Committee Pensions.
Chairman and Chief Executive Officer, Farm on Environment and Public Works. By Mr. SCOTT of South Carolina (for
Credit Administration, transmitting, pursu- EC–4185. A communication from the Direc- himself and Ms. CORTEZ MASTO):
ant to law, the Administration’s Fiscal Year tor of the Regulatory Management Division, S. 3389. A bill to provide the National Cred-
2019 Federal Information Security Manage- Environmental Protection Agency, transmit- it Union Administration Board flexibility to
ment Act (FISMA) and Privacy Management ting, pursuant to law, the report of a rule en- increase Federal credit union loan matu-
Report; to the Committees on Agriculture, titled ‘‘National Emission Standards for Haz- rities, and for other purposes; to the Com-
Nutrition, and Forestry; Appropriations; ardous Air Pollutants: Solvent Extraction mittee on Banking, Housing, and Urban Af-
Homeland Security and Governmental Af- for Vegetable Oil Production Residual Risk fairs.
fairs; and Commerce, Science, and Transpor- and Technology Review’’ (FRL No. 10006–06– By Mr. BARRASSO (for himself and
tation. OAR) received in the Office of the President Ms. CORTEZ MASTO):
EC–4177. A communication from the Direc- of the Senate on March 2, 2020; to the Com- S. 3390. A bill to provide for a new building
tor of the Regulatory Management Division, mittee on Environment and Public Works. period with respect to the cap on full-time
Environmental Protection Agency, transmit- EC–4186. A communication from the Acting equivalent residents for purposes of payment
ting, pursuant to law, the report of a rule en- Director, Office of Management and Budget, for graduate medical education costs under
titled ‘‘Penoxsulam; Pesticide Tolerance’’ Executive Office of the President, transmit- the Medicare program for certain hospitals
(FRL No. 10004–86–OCSPP) received in the Of- ting, pursuant to law, a report relative to that have established a shortage specialty
fice of the President of the Senate on March emergency funding to support critical re- program; to the Committee on Finance.
2, 2020; to the Committee on Agriculture, Nu- sponse and preparedness activities for the By Mr. MARKEY (for himself, Mr. VAN
trition, and Forestry. coronavirus (COVID–19); to the Committee HOLLEN, Mr. BLUMENTHAL, Ms. HAR-
EC–4178. A communication from the Direc- on Health, Education, Labor, and Pensions. RIS, and Mr. SANDERS):
tor of the Regulatory Management Division, EC–4187. A communication from the Chair- S. 3391. A bill to direct the Secretary of
Environmental Protection Agency, transmit- man of the Council of the District of Colum- Transportation to carry out an active trans-
ting, pursuant to law, the report of a rule en- bia, transmitting, pursuant to law, a report portation investment program to make
titled ‘‘Chrysodeixis includens on D.C. Act 23–218, ‘‘Go-Go Official Music of grants to eligible applicants to build safe and
Nucleopolyhedrovirus isolate #460; Exemp- the District of Columbia Designation Act of connected options for bicycles and walkers
tion from the Requirement of a Tolerance’’ 2020’’; to the Committee on Homeland Secu- within and between communities, and for
(FRL No. 10003–94–OCSPP) received in the Of- rity and Governmental Affairs. other purposes; to the Committee on Envi-
fice of the President of the Senate on March EC–4188. A communication from the Under ronment and Public Works.
2, 2020; to the Committee on Agriculture, Nu- Secretary of Defense (Personnel and Readi- By Mr. MERKLEY (for himself, Mr.
trition, and Forestry. ness), transmitting, pursuant to law, the an- MARKEY, and Mr. BLUMENTHAL):
EC–4179. A communication from the Direc- nual report of the National Security Edu- S. 3392. A bill to expand and improve access
tor of the Regulatory Management Division, cation Program (NSEP) for fiscal year 2019; to trauma-informed mental health interven-
Environmental Protection Agency, transmit- to the Select Committee on Intelligence. tions for newly arriving immigrants at the
ting, pursuant to law, the report of a rule en- EC–4189. A communication from the Report border, to alleviate the stress of and provide
titled ‘‘Trifloxystrobin; Pesticide Tolerance’’ to the Nation Delegation Director, Boy education for border agents, and for other
(FRL No. 10004–08–OCSPP) received in the Of- Scouts of America, transmitting, pursuant purposes; to the Committee on Homeland Se-
fice of the President of the Senate on March to law, the organization’s 2019 annual report; curity and Governmental Affairs.
2, 2020; to the Committee on Agriculture, Nu- to the Committee on the Judiciary. By Mr. TESTER (for himself and Mr.
trition, and Forestry. f CRAPO):
EC–4180. A communication from the Regu- S. 3393. A bill to amend title 10, United
latory Officer, Foreign Agricultural Service, INTRODUCTION OF BILLS AND States Code, to provide for concurrent re-
Department of Agriculture, transmitting, JOINT RESOLUTIONS ceipt of veterans’ disability compensation
pursuant to law, the report of a rule entitled and retired pay for disability retirees with
The following bills and joint resolu- fewer than 20 years of service and a combat-
‘‘Market Access Program’’ (RIN0551–AA97)
tions were introduced, read the first related disability, and for other purposes; to
received during adjournment of the Senate
in the Office of the President of the Senate and second times by unanimous con- the Committee on Armed Services.
on February 21, 2020; to the Committee on sent, and referred as indicated: f
Agriculture, Nutrition, and Forestry. By Mr. WICKER (for himself and Ms.
EC–4181. A communication from the Regu- KLOBUCHAR): SUBMISSION OF CONCURRENT AND
latory Officer, Foreign Agricultural Service, S. 3385. A bill to strengthen the use of pa- SENATE RESOLUTIONS
Department of Agriculture, transmitting, tient-experience data within the benefit-risk
The following concurrent resolutions
pursuant to law, the report of a rule entitled framework for approval of new drugs; to the
‘‘Foreign Market Development Program’’ Committee on Health, Education, Labor, and and Senate resolutions were read, and
(RIN0551–AA96) received during adjournment Pensions. referred (or acted upon), as indicated:
of the Senate in the Office of the President By Mr. COTTON (for himself, Mr. CRUZ, By Mr. CARDIN (for himself, Mr. BAR-
of the Senate on February 21, 2020; to the Mr. HAWLEY, and Mr. RUBIO): RASSO, Mrs. BLACKBURN, Mr. BOOZ-
Committee on Agriculture, Nutrition, and S. 3386. A bill to require the Committee on MAN, Mr. CASEY, Mr. COONS, Mr. COR-
Forestry. Foreign Investment in the United States to NYN, Ms. CORTEZ MASTO, Mr. CRAPO,
EC–4182. A communication from the Regu- consider whether a foreign person that is a Mr. CRUZ, Mr. DAINES, Mr. ENZI, Mrs.
latory Officer, Foreign Agricultural Service, party to a transaction undergoing review by FEINSTEIN, Mr. GARDNER, Ms. HARRIS,
Department of Agriculture, transmitting, the Committee is connected to a foreign Mrs. LOEFFLER, Ms. MCSALLY, Mr.
pursuant to law, the report of a rule entitled country that has installed information and PERDUE, Mr. RISCH, Mr. ROMNEY, Mr.
‘‘Technical Assistance for Specialty Crops communications technology designed, devel- ROUNDS, Mr. RUBIO, Mr. SCOTT of
SSpencer on DSKBBXCHB2PROD with SENATE
Program’’ (RIN0551–AA98) received during oped, manufactured, or supplied by persons Florida, Mrs. SHAHEEN, Ms. SINEMA,
adjournment of the Senate in the Office of owned or controlled by, or subject to the ju- Mr. SULLIVAN, Mr. TESTER, Mr.
the President of the Senate on February 21, risdiction or direction of, a foreign adver- THUNE, Mr. TILLIS, Mr. BRAUN, and
2020; to the Committee on Agriculture, Nu- sary, and for other purposes; to the Com- Ms. ROSEN):
trition, and Forestry. mittee on Banking, Housing, and Urban Af- S. Res. 527. A resolution recognizing the
EC–4183. A communication from the Regu- fairs. longstanding partnership between the United
latory Officer, Foreign Agricultural Service, By Ms. HASSAN: States and Australia to share critical fire-
Department of Agriculture, transmitting, S. 3387. A bill to increase funding for the fighting resources during times of crisis; to
pursuant to law, the report of a rule entitled Capitol Investment Grant program of the the Committee on Foreign Relations.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1477
By Ms. STABENOW: S. 1399 DURBIN) was added as a cosponsor of S.
S. Res. 528. A resolution recognizing the At the request of Mr. MERKLEY, the 3073, a bill to require online market-
importance of the blueberry industry to the name of the Senator from Maryland places to disclose certain verified infor-
United States and designating July 2020 as (Mr. VAN HOLLEN) was added as a co-
‘‘National Blueberry Month’’; to the Com-
mation regarding sellers of children’s
sponsor of S. 1399, a bill to amend title products to inform consumers.
mittee on the Judiciary.
By Mr. BROWN (for himself, Mr. BAR- VIII of the Public Health Services Act S. 3144
RASSO, Mr. MARKEY, Ms. KLOBUCHAR, to revise and extend nursing workforce At the request of Ms. SMITH, the
Mr. BOOKER, Mr. WHITEHOUSE, Mr. development programs. name of the Senator from Maryland
BLUMENTHAL, Mr. WICKER, and Mr. S. 1942
(Mr. VAN HOLLEN) was added as a co-
COONS): At the request of Mr. CARPER, the
S. Res. 529. A resolution designating Feb- sponsor of S. 3144, a bill to establish a
name of the Senator from Illinois (Mr. competitive grant program to support
ruary 29, 2020, as ‘‘Rare Disease Day’’; con- DURBIN) was added as a cosponsor of S.
sidered and agreed to. out-of-school-time youth workforce
1942, a bill to amend chapter 81 of title readiness programs, providing employ-
By Mr. CASEY (for himself and Mr.
CRAMER): 5, United States Code, to create a pre- ability skills development, career ex-
S. Res. 530. A resolution designating March sumption that a disability or death of ploration, employment readiness train-
4, 2020, as ‘‘National Assistive Technology a Federal employee in fire protection
ing, mentoring, work-based learning,
Awareness Day’’; considered and agreed to. activities caused by any of certain dis-
and workforce opportunities for eligi-
f eases is the result of the performance
ble youth.
of the duty of the employee, and for
ADDITIONAL COSPONSORS other purposes. S. 3167
S. 178 S. 2043 At the request of Mr. BOOKER, the
At the request of Mr. RUBIO, the At the request of Mr. BLUMENTHAL, names of the Senator from Connecticut
name of the Senator from Indiana (Mr. the name of the Senator from Con- (Mr. MURPHY) and the Senator from
YOUNG) was added as a cosponsor of S. necticut (Mr. MURPHY) was added as a Alabama (Mr. JONES) were added as co-
178, a bill to condemn gross human cosponsor of S. 2043, a bill to provide sponsors of S. 3167, a bill to prohibit
rights violations of ethnic Turkic Mus- incentives for hate crime reporting, discrimination based on an individual’s
lims in Xinjiang, and calling for an end provide grants for State-run hate crime texture or style of hair.
to arbitrary detention, torture, and hotlines, and establish alternative sen- S. 3176
harassment of these communities in- tencing for individuals convicted under At the request of Mr. RUBIO, the
side and outside China. the Matthew Shephard and James names of the Senator from Minnesota
S. 719 Byrd, Jr. Hate Crimes Prevention Act. (Ms. SMITH), the Senator from Texas
At the request of Mr. DURBIN, the S. 2054 (Mr. CORNYN), the Senator from Hawaii
name of the Senator from Connecticut At the request of Mr. MARKEY, the (Ms. HIRONO), the Senator from Okla-
(Mr. MURPHY) was added as a cosponsor name of the Senator from Connecticut homa (Mr. LANKFORD) and the Senator
of S. 719, a bill to reform the use of sol- (Mr. MURPHY) was added as a cosponsor from South Carolina (Mr. SCOTT) were
itary confinement and other forms of of S. 2054, a bill to posthumously award added as cosponsors of S. 3176, a bill to
restrictive housing in the Bureau of the Congressional Gold Medal, collec- amend the Foreign Assistance Act of
Prisons, and for other purposes. tively, to Glen Doherty, Tyrone Woods, 1961 and the United States-Israel Stra-
S. 785 J. Christopher Stevens, and Sean tegic Partnership Act of 2014 to make
At the request of Mr. TESTER, the Smith, in recognition of their contribu- improvements to certain defense and
name of the Senator from Idaho (Mr. tions to the Nation. security assistance provisions and to
RISCH) was added as a cosponsor of S. S. 2158 authorize the appropriations of funds
785, a bill to improve mental health At the request of Ms. HASSAN, the to Israel, and for other purposes.
care provided by the Department of name of the Senator from New York S. 3244
Veterans Affairs, and for other pur- (Mrs. GILLIBRAND) was added as a co- At the request of Ms. ROSEN, the
poses. sponsor of S. 2158, a bill to improve cer- name of the Senator from Illinois (Mr.
tain programs of the Department of DURBIN) was added as a cosponsor of S.
S. 879
Health and Human Services with re- 3244, a bill to require the Secretary of
At the request of Mr. VAN HOLLEN, spect to heritable disorders.
the name of the Senator from Illinois Health and Human Services to improve
S. 2417 the detection, prevention, and treat-
(Mr. DURBIN) was added as a cosponsor
At the request of Mr. KENNEDY, the ment of mental health issues among
of S. 879, a bill to provide a process for name of the Senator from Arizona (Ms.
granting lawful permanent resident public safety officers, and for other
MCSALLY) was added as a cosponsor of purposes.
status to aliens from certain countries S. 2417, a bill to provide for payment of
who meet specified eligibility require- S. 3249
proceeds from savings bonds to a State
ments, and for other purposes. At the request of Mr. JOHNSON, the
with title to such bonds pursuant to
S. 1003 name of the Senator from New Hamp-
the judgment of a court.
At the request of Mr. RUBIO, the shire (Mrs. SHAHEEN) was added as a co-
S. 2482
name of the Senator from Texas (Mr. sponsor of S. 3249, a bill to amend the
At the request of Ms. HIRONO, the
CRUZ) was added as a cosponsor of S. FAST Act to modify a provision relat-
name of the Senator from New York
1003, a bill to amend title 38, United ing to the Motorcyclist Advisory Coun-
(Mr. SCHUMER) was added as a cospon-
States Code, to establish the Veterans cil.
sor of S. 2482, a bill to prohibit the use
Economic Opportunity and Transition S. 3372
of Federal funds to carry out the final
Administration and the Under Sec- rule of the Department of Homeland At the request of Mrs. FISCHER, the
retary for Veterans Economic Oppor- Security entitled ‘‘Inadmissibility on name of the Senator from South Da-
tunity and Transition of the Depart- Public Charge Grounds’’. kota (Mr. THUNE) was added as a co-
ment of Veterans Affairs, and for other S. 2496 sponsor of S. 3372, a bill to amend the
purposes. At the request of Mr. CASEY, the Public Health Service Act to provide
S. 1081 name of the Senator from New York for treatment of certain respiratory
At the request of Mr. MANCHIN, the (Mr. SCHUMER) was added as a cospon- protective devices as covered counter-
measures for purposes of targeted li-
SSpencer on DSKBBXCHB2PROD with SENATE
names of the Senator from Arkansas sor of S. 2496, a bill to amend title II of
(Mr. BOOZMAN) and the Senator from the Social Security Act to eliminate ability protections for pandemic and
Rhode Island (Mr. REED) were added as the Medicare and disability insurance epidemic products and security coun-
cosponsors of S. 1081, a bill to amend benefits waiting periods for disabled in- termeasures, and for other purposes.
title 54, United States Code, to provide dividuals. S. RES. 511
permanent, dedicated funding for the S. 3073 At the request of Mr. RUBIO, the
Land and Water Conservation Fund, At the request of Mr. CASSIDY, the name of the Senator from Oregon (Mr.
and for other purposes. name of the Senator from Illinois (Mr. WYDEN) was added as a cosponsor of S.
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S1478 CONGRESSIONAL RECORD — SENATE March 4, 2020
Res. 511, a resolution supporting the (Ms. ROSEN), the Senator from Nevada SUBMITTED RESOLUTIONS
role of the United States in helping (Ms. CORTEZ MASTO) and the Senator
save the lives of children and pro- from Vermont (Mr. SANDERS) were
tecting the health of people in devel- added as cosponsors of amendment No. SENATE RESOLUTION 527—RECOG-
oping countries with vaccines and im- 1399 intended to be proposed to S. 2657, NIZING THE LONGSTANDING
munization through GAVI, the Vaccine a bill to support innovation in ad- PARTNERSHIP BETWEEN THE
Alliance. vanced geothermal research and devel- UNITED STATES AND AUS-
S. RES. 525 opment, and for other purposes. TRALIA TO SHARE CRITICAL
At the request of Mr. CRUZ, the name AMENDMENT NO. 1404
FIREFIGHTING RESOURCES DUR-
of the Senator from Virginia (Mr. ING TIMES OF CRISIS
At the request of Mr. BARRASSO, the
KAINE) was added as a cosponsor of S. names of the Senator from Montana Mr. CARDIN (for himself, Mr. BAR-
Res. 525, a resolution expressing the (Mr. DAINES), the Senator from Texas RASSO, Mrs. BLACKBURN, Mr. BOOZMAN,
sense of the Senate that the United (Mr. CORNYN) and the Senator from Mr. CASEY, Mr. COONS, Mr. CORNYN, Ms.
States should continue to support the Pennsylvania (Mr. TOOMEY) were added CORTEZ MASTO, Mr. CRAPO, Mr. CRUZ,
people of Nicaragua in their peaceful as cosponsors of amendment No. 1404 Mr. DAINES, Mr. ENZI, Mrs. FEINSTEIN,
efforts to promote the restoration of intended to be proposed to S. 2657, a Mr. GARDNER, Ms. HARRIS, Mrs. LOEF-
democracy and the defense of human bill to support innovation in advanced FLER, Ms. MCSALLY, Mr. PERDUE, Mr.
rights, and use the tools under United geothermal research and development, RISCH, Mr. ROMNEY, Mr. ROUNDS, Mr.
States law to increase political and and for other purposes. RUBIO, Mr. SCOTT of Florida, Mrs. SHA-
economic pressure on the government HEEN, Ms. SINEMA, Mr. SULLIVAN, Mr.
AMENDMENT NO. 1417
of Daniel Ortega. TESTER, Mr. THUNE, Mr. TILLIS, Mr.
At the request of Mr. HOEVEN, the
AMENDMENT NO. 1328 BRAUN, and Ms. ROSEN) submitted the
name of the Senator from South Caro- following resolution; which was re-
At the request of Mr. COONS, the lina (Mr. GRAHAM) was added as a co-
name of the Senator from South Caro- ferred to the Committee on Foreign
sponsor of amendment No. 1417 in- Relations:
lina (Mr. GRAHAM) was added as a co- tended to be proposed to S. 2657, a bill
sponsor of amendment No. 1328 in- S. RES. 527
to support innovation in advanced geo-
tended to be proposed to S. 2657, a bill thermal research and development, and
Whereas Australia and the United States
to support innovation in advanced geo- have long held a unique relationship, marked
for other purposes. by close diplomatic, security, and economic
thermal research and development, and
AMENDMENT NO. 1440 cooperation;
for other purposes.
At the request of Mr. ENZI, the name Whereas Australia and the United States
AMENDMENT NO. 1337
of the Senator from Wyoming (Mr. celebrated 100 years of mateship on July 4,
At the request of Ms. HARRIS, the 2018, marking the 100-year anniversary of the
BARRASSO) was added as a cosponsor of
name of the Senator from California Battle of Hamel, which helped turn the tide
amendment No. 1440 intended to be pro-
(Mrs. FEINSTEIN) was added as a co- of World War I;
posed to S. 2657, a bill to support inno- Whereas the United States and Australia
sponsor of amendment No. 1337 in-
vation in advanced geothermal re- are entering the seventieth anniversary of
tended to be proposed to S. 2657, a bill
search and development, and for other the Australia, New Zealand, United States
to support innovation in advanced geo-
purposes. Security Treaty (ANZUS Treaty), the 1951
thermal research and development, and collective security non-binding agreement
AMENDMENT NO. 1441
for other purposes. between Australia and New Zealand and, sep-
AMENDMENT NO. 1369
At the request of Mr. ENZI, the name
arately, Australia and the United States, to
At the request of Ms. STABENOW, the of the Senator from Wyoming (Mr. cooperate on military matters;
name of the Senator from Nevada (Ms. BARRASSO) was added as a cosponsor of Whereas the United States and Australia
CORTEZ MASTO) was added as a cospon- amendment No. 1441 intended to be pro- have shared firefighting resources, including
sor of amendment No. 1369 intended to posed to S. 2657, a bill to support inno- specialist firefighters, for over 15 years;
be proposed to S. 2657, a bill to support vation in advanced geothermal re- Whereas the United States and Australia
search and development, and for other are experiencing some of the hottest and dri-
innovation in advanced geothermal re- est weather conditions on record, exacer-
search and development, and for other purposes.
bating the threat of wildfires and contrib-
purposes. AMENDMENT NO. 1455
uting to longer wildfire seasons in both na-
AMENDMENT NO. 1370 At the request of Ms. ROSEN, the tions;
At the request of Ms. STABENOW, the name of the Senator from North Da- Whereas over 100 Australian firefighters
name of the Senator from Nevada (Ms. kota (Mr. HOEVEN) was added as a co- traveled to the United States in August 2018,
sponsor of amendment No. 1455 in- to assist with efforts to contain wildfires
CORTEZ MASTO) was added as a cospon-
tended to be proposed to S. 2657, a bill that threatened communities in California,
sor of amendment No. 1370 intended to Oregon, and Washington;
be proposed to S. 2657, a bill to support to support innovation in advanced geo-
Whereas over 300 American firefighters
innovation in advanced geothermal re- thermal research and development, and have been mobilized to Australia since De-
search and development, and for other for other purposes. cember 2019 to help combat and contain dev-
purposes. AMENDMENT NO. 1458 astating bushfires that have burned over
AMENDMENT NO. 1382 At the request of Mr. TOOMEY, the 30,000,000 acres of land; and
At the request of Mr. DURBIN, the names of the Senator from North Da- Whereas multiple United States agencies,
kota (Mr. CRAMER), the Senator from including the Bureau of Land Management,
name of the Senator from Maryland Forest Service, National Park Service, Bu-
(Mr. VAN HOLLEN) was added as a co- North Dakota (Mr. HOEVEN), the Sen- reau of Indian Affairs, and Fish and Wildlife
sponsor of amendment No. 1382 in- ator from West Virginia (Mrs. CAPITO) Services, have provided American fire-
tended to be proposed to S. 2657, a bill and the Senator from Georgia (Mr. fighters to help combat Australia’s
to support innovation in advanced geo- PERDUE) were added as cosponsors of bushfires: Now, therefore, be it
thermal research and development, and amendment No. 1458 intended to be pro- Resolved, That the Senate—
for other purposes. posed to S. 2657, a bill to support inno- (1) recognizes the value of the longstanding
vation in advanced geothermal re- partnership between the United States and
AMENDMENT NO. 1398
Australia to share critical firefighting re-
At the request of Ms. DUCKWORTH, search and development, and for other sources during times of crisis;
the name of the Senator from South purposes. (2) recognizes the efforts and bravery of
Carolina (Mr. GRAHAM) was added as a AMENDMENT NO. 1479 Australian firefighters who have not only
SSpencer on DSKBBXCHB2PROD with SENATE
cosponsor of amendment No. 1398 in- At the request of Mr. ROMNEY, the risked their lives to fight wildfires in their
tended to be proposed to S. 2657, a bill name of the Senator from Nevada (Ms. own country but also helped contain several
to support innovation in advanced geo- CORTEZ MASTO) was added as a cospon- dangerous wildfires in North America;
(3) recognizes the efforts and bravery of
thermal research and development, and sor of amendment No. 1479 intended to
American firefighters who have not only
for other purposes. be proposed to S. 2657, a bill to support risked their lives to fight wildfires in their
AMENDMENT NO. 1399 innovation in advanced geothermal re- own country but have also provided their
At the request of Ms. DUCKWORTH, search and development, and for other services to combat the bushfires currently
the names of the Senator from Nevada purposes. ravaging the Australian continent;
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1479
(4) honors the ultimate sacrifice of the SENATE RESOLUTION 529—DESIG- on February 28, 2009, and was observed in
three American firefighters who lost their NATING FEBRUARY 29, 2020, AS more than 100 countries in 2019; and
lives assisting in fighting Australia’s ‘‘RARE DISEASE DAY’’ Whereas Rare Disease Day is expected to
bushfires in the crash of the Large Air Tank- be observed globally for years to come, pro-
er in the Snowy Monaro area of Australia on Mr. BROWN (for himself, Mr. BAR- viding hope and information for rare disease
January 23, 2020, and extends deepest condo- RASSO, Mr. MARKEY, Ms. KLOBUCHAR, and disorder patients around the world: Now,
lences to their families, friends, and col- Mr. BOOKER, Mr. WHITEHOUSE, Mr. therefore, be it
leagues; BLUMENTHAL, Mr. WICKER, and Mr. Resolved, That the Senate—
(5) expresses full support for the people of (1) designates February 29, 2020, as ‘‘Rare
Australia as they focus on recovery and re-
COONS) submitted the following resolu-
Disease Day’’; and
building affected areas and communities; tion; which was considered and agreed (2) recognizes the importance of, with re-
(6) supports continued partnership between to: spect to rare diseases and disorders—
the Commonwealth Scientific and Industrial S. RES. 529 (A) improving awareness;
Research Organisation and United States Whereas a rare disease or disorder is a dis- (B) encouraging accurate and early diag-
Federal agencies to share research, tech- ease or disorder that affects a small number nosis; and
nology, and best practices related to wildfire of patients; (C) supporting national and global efforts
mitigation and suppression; and to develop effective treatments, diagnostics,
Whereas, in the United States, a rare dis-
(7) supports continued cooperation and and cures.
ease or disorder typically affects fewer than
greater collaboration between Australia and
200,000 individuals; f
the United States to mitigate the underlying
Whereas, as of the date of the adoption of
factors driving extended and more intense
this resolution, more than 7,000 rare diseases
SENATE RESOLUTION 530—DESIG-
wildfire years in both countries. NATING MARCH 4, 2020, AS ‘‘NA-
or disorders affect approximately 30,000,000
f individuals in the United States and their TIONAL ASSISTIVE TECHNOLOGY
SENATE RESOLUTION 528—RECOG- families; AWARENESS DAY’’
Whereas children with rare diseases or dis- Mr. CASEY (for himself and Mr.
NIZING THE IMPORTANCE OF
orders account for a significant portion of
THE BLUEBERRY INDUSTRY TO CRAMER) submitted the following reso-
the population affected by rare diseases or
THE UNITED STATES AND DES- disorders in the United States; lution; which was considered and
IGNATING JULY 2020 AS ‘‘NA- Whereas many rare diseases and disorders agreed to:
TIONAL BLUEBERRY MONTH’’ are serious and life-threatening and lack ef- S. RES. 530
Ms. STABENOW submitted the fol- fective treatments; Whereas assistive technology is any item,
lowing resolution; which was referred Whereas, as a result of the enactment of piece of equipment, or product system that
the Orphan Drug Act (Public Law 97–414; 96 is used to increase, maintain, or improve the
to the Committee on the Judiciary:
Stat. 2049), important advances have been functional capabilities of individuals with
S. RES. 528 made in the research and treatment of rare disabilities and older adults;
Whereas the blueberry is a fruit native to diseases and disorders; Whereas the term ‘‘assistive technology
North America that was first used fresh and Whereas the Food and Drug Administra- service’’ means any service that directly as-
dried in food and medicines by Native Ameri- tion has made strides in gathering patient sists an individual with a disability or an
cans, who introduced blueberries to early perspectives to inform the drug review proc- older adult in the selection, acquisition, or
colonists, which led to new uses and forms of ess as part of the Patient-Focused Drug De- use of an assistive technology device;
blueberries, including frozen, establishing velopment program, an initiative that was Whereas, in 2018, the Centers for Disease
traditions still observed in 2020; reaffirmed under the FDA Reauthorization Control and Prevention reported that 1 in 4
Whereas the pioneering work conducted in Act of 2017 (Public Law 115–52; 131 Stat. 1005); individuals in the United States, or almost
New Jersey in the early 1900s by Elizabeth Whereas, although the Food and Drug Ad- 61,000,000 individuals, has a disability;
White and Dr. Frederick Coville, a botanist ministration has approved more than 840 or- Whereas, in 2017, the Department of Edu-
at the Department of Agriculture, to domes- phan indications for drugs and biological cation reported that there were more than
ticate wild lowbush blueberries resulted in products for the treatment of rare diseases 7,000,000 children with disabilities;
the development of the hybrid for cultivated and disorders, millions of individuals in the Whereas the Centers for Disease Control
highbush blueberries; United States have a rare disease or disorder and Prevention reported that, among adults
Whereas, because of those early efforts, for which there is no approved treatment; 65 years of age and older, 2 in 5 have a dis-
highbush blueberries are large, sweet, juicy Whereas limited treatment options and dif- ability;
berries that can be commercially produced ficulty obtaining reimbursement for life-al- Whereas assistive technology allows indi-
and shipped, allowing the highbush blueberry tering and lifesaving treatments can be chal- viduals with disabilities and older adults to
industry to become an important agricul- lenging for individuals with rare diseases or be included in their communities and in in-
tural industry in the United States; disorders and their families;
Whereas highbush blueberries— clusive classrooms and workplaces;
Whereas rare diseases and disorders in- Whereas assistive technology devices and
(1) have a harvested area estimated at
clude acrodermatitis enteropathica, med- services are necessities, not luxury items, for
more than 97,000 acres; and
(2) are produced in 48 States by more than ulloblastoma, Hartnup disease, mast cell ac- millions of individuals with disabilities and
14,000 growers and their families; tivation syndrome, Usher syndrome, older adults, without which they would be
Whereas highbush blueberry production in osteosarcoma, Kabuki syndrome, Fanconi unable to live in their communities, access
the United States has continually increased, anemia, Neurofibromatosis, NGLY1 defi- education, or obtain, retain, and advance
with particular growth during the first 2 dec- ciency, Chandler’s syndrome, tularemia, and gainful, competitive, integrated employ-
ades of the 21st century, reaching a harvest Joubert syndrome; ment;
of 551,100,000 pounds in 2018; Whereas individuals with rare diseases or Whereas the availability of assistive tech-
Whereas blueberries are— disorders can experience difficulty in obtain- nology in the workplace promotes economic
(1) low in fat; and ing accurate diagnoses and finding physi- self-sufficiency, enhances work participa-
(2) a source of fiber, vitamins, and min- cians or treatment centers with expertise in tion, and is critical to the employment of in-
erals; their rare disease or disorder; dividuals with disabilities and older adults;
Whereas blueberries are being studied to Whereas the 115th Congress passed a 10- and
examine the role that the berries may play year extension of the Children’s Health In- Whereas State assistive technology pro-
in promoting good health in areas such as surance Program under title XXI of the So- grams support a continuum of services that
cardiovascular health, brain health, exercise, cial Security Act (42 U.S.C. 1397aa et seq.), include—
insulin response, and gut health; and ensuring health insurance coverage for many (1) the exchange, repair, recycling, and
Whereas highbush blueberries are har- children with rare diseases or disorders; other reutilization of assistive technology
vested in the United States from April Whereas the Food and Drug Administra- devices;
through early September, with the peak of tion and the National Institutes of Health (2) device loan programs that provide
the harvest occurring in July: Now, there- support research on the treatment of rare short-term loans of assistive technology de-
fore, be it diseases and disorders; vices to individuals, employers, public agen-
SSpencer on DSKBBXCHB2PROD with SENATE
Resolved, That the Senate— Whereas 2020 marks the 37th anniversary of cies, and others;
(1) designates July 2020 as ‘‘National Blue- the enactment of the Orphan Drug Act (Pub- (3) the demonstration of devices to inform
berry Month’’; lic Law 97–414; 96 Stat. 2049); decision making; and
(2) recognizes the contributions of blue- Whereas Rare Disease Day is observed each (4) State financing to help individuals pur-
berry growers in the United States and their year on the last day of February; chase or obtain assistive technology through
families; and Whereas, in 2020, Rare Disease Day falls on a variety of initiatives, such as financial
(3) recognizes that purchasing blueberries the rarest of days, February 29; loan programs, leasing programs, and other
grown in the United States supports farmers, Whereas Rare Disease Day is a global event financing alternatives, that give individuals
jobs, and the economy of the United States. that was first observed in the United States affordable, flexible options to purchase or
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S1480 CONGRESSIONAL RECORD — SENATE March 4, 2020
obtain assistive technology: Now, therefore, RIS, and Mr. MARKEY)) submitted an amend- mental appropriations for the fiscal year
be it ment intended to be proposed to amendment ending September 30, 2020, and for other pur-
Resolved, That the Senate— SA 1407 proposed by Ms. MURKOWSKI to the poses; which was ordered to lie on the table.
(1) designates March 4, 2020, as ‘‘National bill S. 2657, supra; which was ordered to lie SA 1507. Mr. LANKFORD submitted an
Assistive Technology Awareness Day’’; and on the table. amendment intended to be proposed to
(2) commends— SA 1493. Mr. LEE (for himself, Mr. CRUZ, amendment SA 1407 proposed by Ms. MUR-
(A) assistive technology specialists and Mr. RISCH, and Mr. CRAPO) submitted an KOWSKI to the bill S. 2657, to support innova-
program coordinators for their hard work amendment intended to be proposed to tion in advanced geothermal research and
and dedication to serving individuals with amendment SA 1407 proposed by Ms. MUR- development, and for other purposes; which
disabilities who are in need of finding the KOWSKI to the bill S. 2657, supra; which was was ordered to lie on the table.
proper assistive technology to meet their in- ordered to lie on the table. SA 1508. Mr. HAWLEY submitted an
dividual needs; and SA 1494. Mr. LEE submitted an amendment amendment intended to be proposed to
(B) professional organizations and re- intended to be proposed to amendment SA amendment SA 1407 proposed by Ms. MUR-
searchers dedicated to facilitating the access 1407 proposed by Ms. MURKOWSKI to the bill KOWSKI to the bill S. 2657, supra; which was
and acquisition of assistive technology for S. 2657, supra; which was ordered to lie on ordered to lie on the table.
individuals with disabilities and older adults the table. SA 1509. Ms. MCSALLY (for herself and Mr.
in need of assistive technology devices. SA 1495. Mr. CASSIDY (for himself, Mr. LEAHY) submitted an amendment intended to
CORNYN, Mr. INHOFE, Mr. LANKFORD, Mrs. be proposed to amendment SA 1407 proposed
f by Ms. MURKOWSKI to the bill S. 2657, supra;
HYDE-SMITH, Mr. SULLIVAN, Mr. BARRASSO,
AMENDMENTS SUBMITTED AND Mrs. CAPITO, Mr. RISCH, Mr. CRAMER, Mr. which was ordered to lie on the table.
PROPOSED TILLIS, Mr. CRAPO, Mr. BRAUN, Mr. CRUZ, Mr. SA 1510. Mr. MCCONNELL (for Mr. CORNYN)
HOEVEN, and Mr. TOOMEY) submitted an proposed an amendment to the bill S. 893, to
SA 1480. Mrs. FISCHER (for herself, Mr. amendment intended to be proposed to require the President to develop a strategy
SCHATZ, Mr. GARDNER, and Mr. BOOKER) sub- amendment SA 1407 proposed by Ms. MUR- to ensure the security of next generation
mitted an amendment intended to be pro- KOWSKI to the bill S. 2657, supra; which was mobile telecommunications systems and in-
posed to amendment SA 1407 proposed by Ms. ordered to lie on the table. frastructure in the United States and to as-
MURKOWSKI to the bill S. 2657, to support in- SA 1496. Mr. LEE submitted an amendment sist allies and strategic partners in maxi-
novation in advanced geothermal research intended to be proposed to amendment SA mizing the security of next generation mo-
and development, and for other purposes; 1407 proposed by Ms. MURKOWSKI to the bill bile telecommunications systems, infra-
which was ordered to lie on the table. S. 2657, supra; which was ordered to lie on structure, and software, and for other pur-
SA 1481. Mr. BRAUN (for himself and Ms. the table. poses.
ERNST) submitted an amendment intended to SA 1497. Mr. PAUL submitted an amend- SA 1511. Mr. ROMNEY (for himself, Ms.
be proposed to amendment SA 1407 proposed ment intended to be proposed to amendment WARREN, and Ms. SINEMA) submitted an
by Ms. MURKOWSKI to the bill S. 2657, supra; SA 1407 proposed by Ms. MURKOWSKI to the amendment intended to be proposed to
which was ordered to lie on the table. bill S. 2657, supra; which was ordered to lie amendment SA 1407 proposed by Ms. MUR-
SA 1482. Mr. BRAUN (for himself and Ms. on the table. KOWSKI to the bill S. 2657, to support innova-
ERNST) submitted an amendment intended to SA 1498. Mrs. SHAHEEN submitted an tion in advanced geothermal research and
be proposed to amendment SA 1407 proposed amendment intended to be proposed to development, and for other purposes; which
by Ms. MURKOWSKI to the bill S. 2657, supra; amendment SA 1407 proposed by Ms. MUR- was ordered to lie on the table.
which was ordered to lie on the table. KOWSKI to the bill S. 2657, supra; which was SA 1512. Mr. HOEVEN submitted an
SA 1483. Mr. LEE submitted an amendment ordered to lie on the table. amendment intended to be proposed to
intended to be proposed to amendment SA SA 1499. Mr. BENNET (for himself and Mr. amendment SA 1407 proposed by Ms. MUR-
1407 proposed by Ms. MURKOWSKI to the bill PORTMAN) submitted an amendment intended KOWSKI to the bill S. 2657, supra; which was
S. 2657, supra; which was ordered to lie on to be proposed to amendment SA 1407 pro- ordered to lie on the table.
the table. posed by Ms. MURKOWSKI to the bill S. 2657, SA 1513. Mr. HOEVEN submitted an
SA 1484. Mr. LANKFORD submitted an supra; which was ordered to lie on the table. amendment intended to be proposed to
amendment intended to be proposed to SA 1500. Mrs. SHAHEEN submitted an amendment SA 1407 proposed by Ms. MUR-
amendment SA 1407 proposed by Ms. MUR- amendment intended to be proposed to KOWSKI to the bill S. 2657, supra; which was
KOWSKI to the bill S. 2657, supra; which was amendment SA 1407 proposed by Ms. MUR- ordered to lie on the table.
ordered to lie on the table. KOWSKI to the bill S. 2657, supra; which was f
SA 1485. Mr. LEE (for himself and Mr. ROM- ordered to lie on the table.
NEY) submitted an amendment intended to SA 1501. Mr. YOUNG (for himself and Mr. TEXT OF AMENDMENTS
be proposed to amendment SA 1407 proposed BRAUN) submitted an amendment intended SA 1480. Mrs. FISCHER (for herself,
by Ms. MURKOWSKI to the bill S. 2657, supra; to be proposed to amendment SA 1407 pro- Mr. SCHATZ, Mr. GARDNER, and Mr.
which was ordered to lie on the table. posed by Ms. MURKOWSKI to the bill S. 2657, BOOKER) submitted an amendment in-
SA 1486. Mr. LEE submitted an amendment supra; which was ordered to lie on the table.
intended to be proposed to amendment SA tended to be proposed to amendment
SA 1502. Mr. BRAUN (for himself and Mr.
1407 proposed by Ms. MURKOWSKI to the bill YOUNG) submitted an amendment intended SA 1407 proposed by Ms. MURKOWSKI to
S. 2657, supra; which was ordered to lie on to be proposed to amendment SA 1407 pro- the bill S. 2657, to support innovation
the table. posed by Ms. MURKOWSKI to the bill S. 2657, in advanced geothermal research and
SA 1487. Mr. LEE submitted an amendment supra; which was ordered to lie on the table. development, and for other purposes;
intended to be proposed to amendment SA SA 1503. Mr. BRAUN submitted an amend- which was ordered to lie on the table;
1407 proposed by Ms. MURKOWSKI to the bill ment intended to be proposed to amendment as follows:
S. 2657, supra; which was ordered to lie on SA 1407 proposed by Ms. MURKOWSKI to the At the end, add the following:
the table. bill S. 2657, supra; which was ordered to lie
SA 1488. Ms. STABENOW (for herself, Mr. on the table. TITLE IV—INTERNET OF THINGS
UDALL, and Mr. DURBIN) submitted an SA 1504. Mr. KENNEDY (for himself, Mr. SEC. 4001. SHORT TITLE.
amendment intended to be proposed to CARPER, Mr. CASSIDY, Mr. COONS, Ms. COL- This title may be cited as the ‘‘Developing
amendment SA 1407 proposed by Ms. MUR- LINS, Mr. WHITEHOUSE, Mr. YOUNG, Mrs. FEIN- Innovation and Growing the Internet of
KOWSKI to the bill S. 2657, supra; which was STEIN, Mr. MORAN, Mr. SCHATZ, Mr. GRAHAM, Things Act’’ or the ‘‘DIGIT Act’’.
ordered to lie on the table. Mr. BOOKER, Ms. ERNST, Mr. MERKLEY, Mr. SEC. 4002. FINDINGS; SENSE OF CONGRESS.
SA 1489. Mr. UDALL submitted an amend- COTTON, Mr. VAN HOLLEN, Mr. GRASSLEY, Mr. (a) FINDINGS.—Congress finds that—
ment intended to be proposed to amendment MARKEY, Mr. BOOZMAN, Mr. JONES, Mr. (1) the Internet of Things refers to the
SA 1407 proposed by Ms. MURKOWSKI to the BLUNT, Mr. BLUMENTHAL, Mr. PERDUE, Mr. growing number of connected and inter-
bill S. 2657, supra; which was ordered to lie HEINRICH, Mrs. HYDE-SMITH, Mr. CARDIN, Mr. connected devices;
on the table. BURR, Mr. MURPHY, and Mr. KING) submitted (2) estimates indicate that more than
SA 1490. Mr. BARRASSO submitted an an amendment intended to be proposed to 125,000,000,000 devices will be connected to
amendment intended to be proposed to amendment SA 1407 proposed by Ms. MUR- the internet by 2030;
amendment SA 1407 proposed by Ms. MUR- KOWSKI to the bill S. 2657, supra; which was (3) the Internet of Things has the potential
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KOWSKI to the bill S. 2657, supra; which was ordered to lie on the table. to generate trillions of dollars in new eco-
ordered to lie on the table. SA 1505. Mr. RUBIO submitted an amend- nomic activity around the world in the
SA 1491. Mr. LEE submitted an amendment ment intended to be proposed to amendment transportation, energy, agriculture, manu-
intended to be proposed to amendment SA SA 1407 proposed by Ms. MURKOWSKI to the facturing, and health care sectors and in
1407 proposed by Ms. MURKOWSKI to the bill bill S. 2657, supra; which was ordered to lie other sectors that are critical to the growth
S. 2657, supra; which was ordered to lie on on the table. of the gross domestic product of the United
the table. SA 1506. Mr. PAUL submitted an amend- States;
SA 1492. Mrs. GILLIBRAND (for Mr. SAND- ment intended to be proposed by him to the (4) businesses across the United States can
ERS (for himself, Mrs . GILLIBRAND, Ms. HAR- bill H.R. 6074, making emergency supple- develop new services and products, improve
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1481
the efficiency of operations and logistics, cut (D) any additional security measures that (C) whether adequate spectrum is available
costs, improve worker and public safety, and Federal agencies may need to take to— to support the growing Internet of Things
pass savings on to consumers by utilizing the (i) safely and securely use the Internet of and what legal or regulatory barriers may
Internet of Things and related innovations; Things, including measures that ensure the exist to providing any spectrum needed in
(5) the Internet of Things will— security of critical infrastructure; and the future;
(A) be vital in furthering innovation and (ii) enhance the resiliency of Federal sys- (D) policies, programs, or multi-stake-
the development of emerging technologies; tems against cyber threats to the Internet of holder activities that—
and Things; and (i) promote or are related to the privacy of
(B) play a key role in developing artificial (5) in carrying out the examinations re- individuals who use or are affected by the
intelligence and advanced computing capa- quired under clauses (i) and (ii) of paragraph Internet of Things;
bilities; (4)(D), ensure to the maximum extent pos- (ii) may enhance the security of the Inter-
(6) the United States leads the world in the sible the coordination of the current and fu- net of Things, including the security of crit-
development of technologies that support ture activities of the Federal Government re- ical infrastructure;
the internet, the United States technology lating to security with respect to the Inter- (iii) may protect users of the Internet of
sector is well-positioned to lead in the devel- net of Things. Things; and
opment of technologies for the Internet of (c) AGENCY REPRESENTATIVES.—In con- (iv) may encourage coordination among
Things, and the appropriate prioritization of vening the working group under subsection Federal agencies with jurisdiction over the
a national strategy with respect to the Inter- (a), the Secretary shall have discretion to Internet of Things;
net of Things would strengthen that posi- appoint representatives from Federal agen- (E) the opportunities and challenges asso-
tion; cies and departments as appropriate and ciated with the use of Internet of Things
(7) the Federal Government can implement shall specifically consider seeking represen- technology by small businesses; and
this technology to better deliver services to tation from— (F) any international proceeding, inter-
the public; and (1) the Department of Commerce, includ- national negotiation, or other international
(8) the Senate unanimously passed Senate ing— matter affecting the Internet of Things to
Resolution 110, 114th Congress, agreed to (A) the National Telecommunications and which the United States is or should be a
March 24, 2015, calling for a national strat- Information Administration; party.
egy for the development of the Internet of (B) the National Institute of Standards and (3) MEMBERSHIP.—The Secretary shall ap-
Things. Technology; and point to the steering committee members
(b) SENSE OF CONGRESS.—It is the sense of representing a wide range of stakeholders
(C) the National Oceanic and Atmospheric
Congress that policies governing the Inter- outside of the Federal Government with ex-
Administration;
net of Things should— pertise relating to the Internet of Things, in-
(2) the Department of Transportation;
(1) promote solutions with respect to the cluding—
(3) the Department of Homeland Security;
Internet of Things that are secure, scalable, (A) information and communications tech-
(4) the Office of Management and Budget;
interoperable, industry-driven, and stand- nology manufacturers, suppliers, service pro-
(5) the National Science Foundation;
ards-based; and viders, and vendors;
(6) the Commission;
(2) maximize the development and deploy- (B) subject matter experts representing in-
(7) the Federal Trade Commission;
ment of the Internet of Things to benefit all dustrial sectors other than the technology
(8) the Office of Science and Technology
stakeholders, including businesses, govern- sector that can benefit from the Internet of
Policy; Things, including the transportation, en-
ments, and consumers. (9) the Department; and ergy, agriculture, and health care sectors;
SEC. 4003. DEFINITIONS. (10) the Federal Energy Regulatory Com- (C) small, medium, and large businesses;
In this title: mission. (D) think tanks and academia;
(1) COMMISSION.—The term ‘‘Commission’’ (d) NONGOVERNMENTAL STAKEHOLDERS.— (E) nonprofit organizations and consumer
means the Federal Communications Com- The working group shall consult with non- groups;
mission. governmental stakeholders with expertise (F) security experts;
(2) SECRETARY.—The term ‘‘Secretary’’ relating to the Internet of Things, includ- (G) rural stakeholders; and
means the Secretary of Commerce. ing— (H) other stakeholders with relevant exper-
(3) STEERING COMMITTEE.—The term ‘‘steer- (1) the steering committee; tise, as determined by the Secretary.
ing committee’’ means the steering com- (2) information and communications tech- (4) REPORT.—Not later than 1 year after
mittee established under section 4004(e)(1). nology manufacturers, suppliers, service pro- the date of enactment of this Act, the steer-
(4) WORKING GROUP.—The term ‘‘working viders, and vendors; ing committee shall submit to the working
group’’ means the working group convened (3) subject matter experts representing in- group a report that includes any findings or
under section 4004(a). dustrial sectors other than the technology recommendations of the steering committee.
SEC. 4004. FEDERAL WORKING GROUP. sector that can benefit from the Internet of (5) INDEPENDENT ADVICE.—
(a) IN GENERAL.—The Secretary shall con- Things, including the transportation, en- (A) IN GENERAL.—The steering committee
vene a working group of Federal stake- ergy, agriculture, and health care sectors; shall set the agenda of the steering com-
holders for the purpose of providing rec- (4) small, medium, and large businesses; mittee in carrying out the duties of the
ommendations and a report to Congress re- (5) think tanks and academia; steering committee under paragraph (2).
lating to the aspects of the Internet of (6) nonprofit organizations and consumer (B) SUGGESTIONS.—The working group may
Things described in subsection (b). groups; suggest topics or items for the steering com-
(b) DUTIES.—The working group shall— (7) security experts; mittee to study, and the steering committee
(1) identify any Federal regulations, stat- (8) rural stakeholders; and shall take those suggestions into consider-
utes, grant practices, budgetary or jurisdic- (9) other stakeholders with relevant exper- ation in carrying out the duties of the steer-
tional challenges, and other sector-specific tise, as determined by the Secretary. ing committee.
policies that are inhibiting, or could inhibit, (e) STEERING COMMITTEE.— (C) REPORT.—The steering committee shall
the development or deployment of the Inter- (1) ESTABLISHMENT.—There is established ensure that the report submitted under para-
net of Things; within the Department of Commerce a steer- graph (4) is the result of the independent
(2) consider policies or programs that en- ing committee to advise the working group. judgment of the steering committee.
courage and improve coordination among (2) DUTIES.—The steering committee shall (6) NO COMPENSATION FOR MEMBERS.—A
Federal agencies that have responsibilities advise the working group with respect to— member of the steering committee shall
that are relevant to the objectives of this (A) the identification of any Federal regu- serve without compensation.
title; lations, statutes, grant practices, programs, (7) TERMINATION.—The steering committee
(3) consider any findings or recommenda- budgetary or jurisdictional challenges, and shall terminate on the date on which the
tions made by the steering committee and, other sector-specific policies that are inhib- working group submits the report under sub-
where appropriate, act to implement those iting, or could inhibit, the development of section (f).
recommendations; the Internet of Things; (f) REPORT TO CONGRESS.—
(4) examine— (B) situations in which the use of the (1) IN GENERAL.—Not later than 18 months
(A) how Federal agencies can benefit from Internet of Things is likely to deliver signifi- after the date of enactment of this Act, the
utilizing the Internet of Things; cant and scalable economic and societal ben- working group shall submit to Congress a re-
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(B) the use of Internet of Things tech- efits to the United States, including benefits port that includes—
nology by Federal agencies as of the date on from or to— (A) the findings and recommendations of
which the working group performs the exam- (i) smart traffic and transit technologies; the working group with respect to the duties
ination; (ii) augmented logistics and supply chains; of the working group under subsection (b);
(C) the preparedness and ability of Federal (iii) sustainable infrastructure; (B) the report submitted by the steering
agencies to adopt Internet of Things tech- (iv) precision agriculture; committee under subsection (e)(4), as the re-
nology as of the date on which the working (v) environmental monitoring; port was received by the working group;
group performs the examination and in the (vi) public safety; and (C) recommendations for action or reasons
future; and (vii) health care; for inaction, as applicable, with respect to
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S1482 CONGRESSIONAL RECORD — SENATE March 4, 2020
each recommendation made by the steering SA 1482. Mr. BRAUN (for himself and At the end, insert the following:
committee in the report submitted under Ms. ERNST) submitted an amendment TITLE IV—MISCELLANEOUS
subsection (e)(4); and intended to be proposed to amendment SEC. 4001. SULFUR HEXAFLUORIDE RESEARCH.
(D) an accounting of any progress made by SA 1407 proposed by Ms. MURKOWSKI to
Federal agencies to implement recommenda- The Secretary shall carry out research to
tions made by the working group or the
the bill S. 2657, to support innovation find alternatives for the use of sulfur
steering committee. in advanced geothermal research and hexafluoride in power generation and trans-
(2) COPY OF REPORT.—The working group development, and for other purposes; mission equipment, including circuit break-
shall submit a copy of the report described in which was ordered to lie on the table; ers, switchgear, and gas insulated lines.
paragraph (1) to— as follows:
(A) the Committee on Commerce, Science, At the end, add the following:
SA 1485. Mr. LEE (for himself and
and Transportation and the Committee on TITLE IV—AMENDMENTS TO THE
Mr. ROMNEY) submitted an amendment
Energy and Natural Resources of the Senate; INTERNAL REVENUE CODE OF 1986 intended to be proposed to amendment
(B) the Committee on Energy and Com- SEC. 4001. ELIMINATION OF PERSONAL CREDIT
SA 1407 proposed by Ms. MURKOWSKI to
merce of the House of Representatives; and BASED ON ADJUSTED GROSS IN- the bill S. 2657, to support innovation
(C) any other committee of Congress, upon COME. in advanced geothermal research and
request to the working group. (a) IN GENERAL.—Subsection (c) of section development, and for other purposes;
SEC. 4005. ASSESSING SPECTRUM NEEDS. 30D of the Internal Revenue Code of 1986 is which was ordered to lie on the table;
(a) IN GENERAL.—The Commission, in con- amended—
(1) in paragraph (2), by inserting ‘‘and (3)’’
as follows:
sultation with the National Telecommuni-
cations and Information Administration, after ‘‘paragraph (1)’’, and At the end, add the following:
shall issue a notice of inquiry seeking public (2) by adding at the end the following new TITLE IV—MISCELLANEOUS
comment on the current, as of the date of en- paragraph: SEC. 4001. LIMITATION ON THE EXTENSION OR
actment of this Act, and future spectrum ‘‘(3) ELIMINATION OF PERSONAL CREDIT ESTABLISHMENT OF NATIONAL
needs to enable better connectivity relating BASED ON ADJUSTED GROSS INCOME.— MONUMENTS IN THE STATE OF
to the Internet of Things. ‘‘(A) IN GENERAL.—For purposes of para- UTAH.
(b) REQUIREMENTS.—In issuing the notice of graph (2), in the case of any new qualified Section 320301(d) of title 54, United States
inquiry under subsection (a), the Commis- plug-in electric drive motor vehicle which is Code, is amended—
sion shall seek comments that consider and placed in service by a taxpayer during any (1) in the heading, by striking ‘‘WYOMING’’
evaluate— taxable year, if the adjusted gross income of and inserting ‘‘THE STATE OF WYOMING OR
(1) whether adequate spectrum is available, such taxpayer for such taxable year exceeds UTAH’’; and
or is planned for allocation, for commercial the threshold amount, the amount of the (2) by striking ‘‘Wyoming’’ and inserting
wireless services that could support the credit otherwise allowable under subsection ‘‘the State of Wyoming or Utah’’.
growing Internet of Things; (a) for such taxable year shall be reduced to
(2) if adequate spectrum is not available zero. SA 1486. Mr. LEE submitted an
for the purposes described in paragraph (1), ‘‘(B) THRESHOLD AMOUNT.—For purposes of amendment intended to be proposed to
how to ensure that adequate spectrum is this paragraph, the term ‘threshold amount’ amendment SA 1407 proposed by Ms.
available for increased demand with respect means— MURKOWSKI to the bill S. 2657, to sup-
to the Internet of Things; ‘‘(i) in the case of any taxpayer filing a
port innovation in advanced geo-
(3) what regulatory barriers may exist to joint return for the taxable year, $326,600,
providing any needed spectrum that would and thermal research and development, and
support uses relating to the Internet of ‘‘(ii) in the case of any taxpayer not filing for other purposes; which was ordered
Things; and a joint return for the taxable year, $163,300. to lie on the table; as follows:
(4) what the role of unlicensed and licensed ‘‘(C) INFLATION ADJUSTMENT.— At the end of title II, add the following:
spectrum is and will be in the growth of the ‘‘(i) IN GENERAL.—In the case of any tax- Subtitle D—Miscellaneous
Internet of Things. able year beginning after 2020, each of the
SEC. 24llll. MINERAL ENTRY AUTHORIZED.
(c) REPORT.—Not later than 1 year after dollar amounts in subparagraph (B) shall be
the date of enactment of this Act, the Com- increased by an amount equal to— (a) IN GENERAL.—The Federal land de-
mission shall submit to the Committee on ‘‘(I) such dollar amount, multiplied by scribed in subsection (b) shall be open to lo-
Commerce, Science, and Transportation of ‘‘(II) the cost-of-living adjustment deter- cation, entry, and patent under the mining
the Senate and the Committee on Energy mined under section 1(f)(3) for the calendar laws.
and Commerce of the House of Representa- year in which the taxable year begins by sub- (b) FEDERAL LAND DESCRIBED.—The Fed-
tives a report summarizing the comments stituting ‘calendar year 2019’ for ‘calendar eral land referred to in subsections (a) and
submitted in response to the notice of in- year 2016’ in subparagraph (A)(ii) thereof. (c) is the area of land depicted as ‘‘Mineral
quiry issued under subsection (a). ‘‘(ii) ROUNDING.—If any increase deter- Withdrawal’’ on the map prepared by the Bu-
mined under clause (i) is not a multiple of reau of Land Management entitled ‘‘Grand
SA 1481. Mr. BRAUN (for himself and $100, such increase shall be rounded to the Canyon Centennial Protection Act’’ and
Ms. ERNST) submitted an amendment nearest multiple of $100.’’. dated February 26, 2019.
(b) EFFECTIVE DATE.—The amendments (c) LIMITATION ON WITHDRAWAL.—
intended to be proposed to amendment
made by this section shall apply to taxable (1) IN GENERAL.—The Federal land de-
SA 1407 proposed by Ms. MURKOWSKI to scribed in subsection (b) may not be with-
years beginning after December 31, 2019.
the bill S. 2657, to support innovation drawn from location, entry, and patent
in advanced geothermal research and SA 1483. Mr. LEE submitted an under the mining laws except by Act of Con-
development, and for other purposes; amendment intended to be proposed to gress.
which was ordered to lie on the table; amendment SA 1407 proposed by Ms. (2) APPLICATION OF CERTAIN LAW.—The au-
as follows: MURKOWSKI to the bill S. 2657, to sup- thority of the Secretary of the Interior
At the end, add the following: port innovation in advanced geo- under sections 202(e)(3) and 204 of the Federal
Land Policy and Management Act of 1976 (43
TITLE IV—AMENDMENTS TO THE thermal research and development, and U.S.C. 1712(e)(3), 1714) shall not apply to the
INTERNAL REVENUE CODE OF 1986 for other purposes; which was ordered Federal land described in subsection (b).
SEC. 4001. LIMIT CREDIT FOR NEW QUALIFIED to lie on the table; as follows:
PLUG-IN ELECTRIC DRIVE MOTOR Strike section 1808 and insert the fol- SA 1487. Mr. LEE submitted an
VEHICLES TO VEHICLES COSTING lowing:
LESS THAN $45,000. amendment intended to be proposed to
SEC. 1808. NO ARPA–E FUNDS.
(a) IN GENERAL.—Section 30D(d)(1) of the amendment SA 1407 proposed by Ms.
Funds appropriated to the Department
Internal Revenue Code of 1986 is amended— shall not be made available to carry out sec-
MURKOWSKI to the bill S. 2657, to sup-
(1) in subparagraph (E), by striking ‘‘and’’ tion 5012 of the America COMPETES Act (42 port innovation in advanced geo-
at the end, U.S.C. 16538). thermal research and development, and
(2) in subparagraph (F)(ii), by striking the for other purposes; which was ordered
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period at the end and inserting ‘‘, and’’, and SA 1484. Mr. LANKFORD submitted to lie on the table; as follows:
(3) by adding at the end the following new an amendment intended to be proposed
subparagraph: At the end, add the following:
to amendment SA 1407 proposed by Ms. TITLE IV—MISCELLANEOUS
‘‘(G) for which the manufacturer’s sug-
MURKOWSKI to the bill S. 2657, to sup-
gested retail price is less than $45,000.’’. SEC. 4001. PROTECTION, MANAGEMENT, AND
(b) EFFECTIVE DATE.—The amendments port innovation in advanced geo- CONTROL OF WILD FREE-ROAMING
made by this section shall apply to vehicles thermal research and development, and HORSES AND BURROS.
sold during any calendar quarter beginning for other purposes; which was ordered Section 3 of Public Law 92–195 (16 U.S.C.
after the date of enactment of this Act. to lie on the table; as follows: 1333) is amended—
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1483
(1) in subsection (b)— seq.) shall apply to the activities described cial review, applicant decisions, or State and
(A) by striking the subsection designation in subclauses (I) and (II) of clause (i) begin- local government involvement) associated
and all that follows through ‘‘The Sec- ning on the date on which the Secretary de- with the development and processing of ap-
retary’’ in the first sentence of paragraph (1) termines that the appropriate management plications, operating plans, leases, licenses,
and inserting the following: level of wild free-roaming horses or burros permits, and other use authorizations for
‘‘(b) INVENTORY; OVERPOPULATION; RE- has been attained with respect to an applica- critical mineral-related activities on Federal
SEARCH STUDY.— ble area of public land. land, which shall serve as a baseline for pur-
‘‘(1) INVENTORY.— ‘‘(D) ORDER AND PRIORITY.—An action poses of paragraph (3)(B).
‘‘(A) IN GENERAL.—The Secretary’’; under subparagraph (A) shall be carried out (3) ANNUAL REPORTS.—Beginning with the
(B) in subparagraph (A) of paragraph (1) (as in’’; and first budget submission by the President
so designated)— (D) in paragraph (3)— under section 1105 of title 31, United States
(i) in the third sentence, by striking ‘‘In (i) in the third sentence, by striking ‘‘Such Code, after the date of enactment of this
making such determinations the Secretary’’ study’’ and inserting the following: Act, and annually thereafter, the Secretaries
and inserting the following: ‘‘(C) DEADLINE.—The study under this para- shall submit to Congress a report that—
‘‘(C) CONSULTATION.—In making a deter- graph’’; (A) summarizes the implementation of rec-
mination under subparagraph (B), the Sec- (ii) in the second sentence, by striking ommendations, measures, and options identi-
retary’’; and ‘‘The terms and outline of such research fied in subparagraphs (A) and (B) of para-
(ii) in the second sentence, by striking study’’ and inserting the following: graph (2);
‘‘The purpose of such inventory shall be to: ‘‘(B) RESEARCH DESIGN PANEL.—The terms (B) describes progress made by the execu-
make’’ and inserting the following: and outline of the study under this para- tive branch, as compared to the baseline es-
‘‘(B) DETERMINATIONS.—The purpose of the graph’’; and tablished under paragraph (2)(C), on expe-
inventory under subparagraph (A) shall be to (iii) by striking ‘‘(3) For the purpose’’ and diting the permitting of activities that will
make’’; inserting the following: increase exploration for, and development of,
(C) in paragraph (2)— ‘‘(3) RESEARCH STUDY.— domestic critical minerals; and
(i) in subparagraph (A), by striking the ‘‘(A) IN GENERAL.—For the purpose’’; and (C) compares the United States to other
semicolon at the end and inserting a period; (2) in subsection (d)— countries in terms of permitting efficiency
(ii) in subparagraph (B), by striking ‘‘; (A) in each of paragraphs (2) and (3), by and any other criteria relevant to the glob-
and’’ at the end and inserting a period; striking ‘‘or’’ at the end; and ally competitive critical minerals industry.
(iii) by redesignating subparagraphs (A)
(B) by striking paragraph (1) and inserting
through (C) as clauses (i) through (iii), re-
the following: SA 1489. Mr. UDALL submitted an
spectively, and indenting the clauses appro- amendment intended to be proposed to
‘‘(1) on passage of title pursuant to sub-
priately; and amendment SA 1407 proposed by Ms.
section (c), subject to the limitation de-
(iv) by striking the paragraph designation MURKOWSKI to the bill S. 2657, to sup-
scribed in that subsection;’’.
and all that follows through ‘‘management
levels. Such action shall be taken, in’’ and
port innovation in advanced geo-
inserting the following:
SA 1488. Ms. STABENOW (for herself, thermal research and development, and
‘‘(2) OVERPOPULATION.— Mr. UDALL, and Mr. DURBIN) submitted for other purposes; which was ordered
‘‘(A) IN GENERAL.—On a determination by an amendment intended to be proposed to lie on the table; as follows:
the Secretary in accordance with subpara- to amendment SA 1407 proposed by Ms. At the appropriate place, insert the fol-
graph (B) that an overpopulation of wild MURKOWSKI to the bill S. 2657, to sup- lowing:
free-roaming horses or burros exists on a port innovation in advanced geo- SEC. lll. STUDY ON ENVIRONMENTAL IM-
given area of public land, and that action is thermal research and development, and PACTS OF NEW PLASTIC PRODUC-
necessary to remove excess horses or burros, TION FACILITIES.
the Secretary shall immediately remove ex-
for other purposes; which was ordered (a) DEFINITIONS.—In this section:
cess horses or burros from the public land to lie on the table; as follows: (1) COVERED FACILITY.—The term ‘‘covered
range as the Secretary determines to be nec- Beginning on page 426, strike line 7 and all facility’’ means—
essary to achieve appropriate management that follows through page 432, line 6, and in- (A) an industrial facility that transforms
levels of wild free-roaming horses or burros. sert the following: natural gas liquids into ethylene and pro-
‘‘(B) BASIS OF DETERMINATIONS.—The Sec- (e) PERMITTING.— pylene for later conversion into plastic poly-
retary shall make a determination under (1) SENSE OF CONGRESS.—It is the sense of mers;
subparagraph (A) on the basis of— Congress that— (B) a plastic polymerization or polymer
‘‘(i)(I) the current inventory of land within (A) critical minerals are fundamental to production facility; and
the jurisdiction of the Secretary; the economy, competitiveness, and security (C) an industrial facility that repolym-
‘‘(II) information contained in any relevant of the United States; and erizes plastic polymers into chemical feed-
land use planning completed pursuant to sec- (B) to the maximum extent practicable, stocks for use in new products or as fuel.
tion 202 of the Federal Land Policy and Man- the critical mineral needs of the United (2) COVERED PRODUCTS.—The term ‘‘covered
agement Act of 1976 (43 U.S.C. 1712); States should be satisfied by minerals re- plastic’’ means—
‘‘(III) relevant information contained in sponsibly produced and recycled in the (A) ethylene;
court ordered environmental impact state- United States. (B) propylene;
ments (as defined in section 3 of the Public (2) REVIEW AND REPORT.—Not later than 1 (C) polyethylene in any form (including
Rangelands Improvement Act of 1978 (43 year after the date of enactment of this Act, pellets, resin, nurdle, powder, and flakes);
U.S.C. 1902)); and the Secretary (acting through the Director (D) polypropylene in any form (including
‘‘(IV) such additional information as be- of the Bureau of Land Management) and the pellets, resin, nurdle, powder, and flakes);
comes available to the Secretary from time Secretary of Agriculture (acting through the (E) polyvinyl chloride in any form (includ-
to time, including any information devel- Chief of the Forest Service) (referred to in ing pellets, resin, nurdle, powder, and
oped in the research study under paragraph this subsection as the ‘‘Secretaries’’) shall flakes); or
(3); or submit to Congress a report that— (F) other plastic polymer raw materials in
‘‘(ii) in the absence of information de- (A) identifies additional measures (includ- any form (including pellets, resin, nurdle,
scribed in clause (i), all information other- ing regulatory and legislative proposals, as powder, and flakes).
wise available to the Secretary. appropriate) that would increase the timeli- (3) ENVIRONMENTAL JUSTICE.—The term
‘‘(C) APPLICABILITY OF NEPA.— ness of permitting activities for the explo- ‘‘environmental justice’’ means the fair
‘‘(i) IN GENERAL.—During any period with ration and development of domestic critical treatment and meaningful involvement of all
respect to which the Secretary determines minerals; individuals, regardless of race, color, na-
under subparagraph (A) that an overpopula- (B) identifies options (including cost recov- tional origin, educational level, or income,
tion of wild free-roaming horses or burros ex- ery paid by permit applicants) for ensuring with respect to the development, implemen-
ists, the National Environmental Policy Act adequate staffing and training of Federal en- tation, and enforcement of environmental
of 1969 (42 U.S.C. 4321 et seq.) shall not apply tities and personnel responsible for the con- laws, regulations, and policies to ensure
to— sideration of applications, operating plans, that—
‘‘(I) the use of any vehicle, including an leases, licenses, permits, and other use au- (A) communities of color, indigenous com-
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all-terrain vehicle or helicopter, that the thorizations for critical mineral-related ac- munities, and low-income communities have
Secretary determines to be necessary to cap- tivities on Federal land; and access to public information and opportuni-
ture excess wild free-roaming horses or bur- (C) quantifies the amount of time typically ties for meaningful public participation with
ros; or required (including range derived from min- respect to human health and environmental
‘‘(II) the sterilization by a licensed profes- imum and maximum durations, mean, me- planning, regulations, and enforcement;
sional of any male or female wild free-roam- dian, variance, and other statistical meas- (B) no community of color, indigenous
ing horse or burro. ures or representations) to complete each community, or low-income community is ex-
‘‘(ii) RESUMPTION.—The National Environ- step (including those aspects outside the posed to a disproportionate burden of the
mental Policy Act of 1969 (42 U.S.C. 4321 et control of the executive branch, such as judi- negative human health and environmental
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S1484 CONGRESSIONAL RECORD — SENATE March 4, 2020
impacts of pollution or other environmental (4) to promote energy security in Europe ‘‘(3) The exportation of natural gas to
hazards; and by working with the European Union and Japan shall be deemed to be consistent with
(C) the 17 principles described in the docu- other allies of the United States to develop the public interest pursuant to paragraph (1),
ment entitled ‘‘The Principles of Environ- liberalized energy markets that provide di- and applications for such exportation shall
mental Justice’’, written and adopted at the versified energy sources, suppliers, and be granted without modification or delay
First National People of Color Environ- routes; under that paragraph, during only such pe-
mental Leadership Summit held on October (5) to continue to strongly oppose the Nord riod as the Treaty of Mutual Cooperation
24 through 27, 1991, in Washington, DC, are Stream 2 pipeline based on its detrimental and Security, signed at Washington January
upheld. effects on the energy security of the Euro- 19, 1960, and entered into force June 23, 1960
(b) STUDY.— pean Union and the economy of Ukraine and (11 UST 1632; TIAS 4509), between the United
(1) IN GENERAL.—The Secretary shall offer other countries in Central Europe through States and Japan, remains in effect.’’.
to enter into an agreement with the Na- which natural gas is transported; and (b) EFFECTIVE DATE.—The amendments
tional Academy of Sciences and the National (6) to support countries that are allies or made by this section shall apply with respect
Institutes of Health to conduct a study of— partners of the United States by expediting to applications for the authorization to ex-
(A) the existing and planned expansion of the export of energy resources from the port natural gas under section 3 of the Nat-
the industry of the producers of covered ural Gas Act (15 U.S.C. 717b) that are pending
United States.
products, including the entire supply chain, on, or filed on or after, the date of the enact-
SEC. 4003. NORTH ATLANTIC TREATY ORGANIZA-
end uses, disposal fate, and lifecycle impacts TION.
ment of this Act.
of covered products; The President should direct the United SA 1491. Mr. LEE submitted an
(B) the environmental justice and pollu- States Permanent Representative on the
tion impacts of covered facilities and the Council of the North Atlantic Treaty Organi- amendment intended to be proposed to
products of covered facilities; zation (in this title referred to as ‘‘NATO’’) amendment SA 1407 proposed by Ms.
(C) the existing standard technologies and to use the voice and influence of the United MURKOWSKI to the bill S. 2657, to sup-
practices of covered facilities with respect to States to encourage NATO member countries port innovation in advanced geo-
the discharge and emission of pollutants into to work together to achieve energy security thermal research and development, and
the environment; and for those countries and countries in Europe for other purposes; which was ordered
(D) the best available technologies and and Eurasia that are partners of NATO. to lie on the table; as follows:
practices that reduce or eliminate the envi- SEC. 4004. TRANSATLANTIC ENERGY STRATEGY.
In section 2304(b)(4), strike ‘‘or 2306’’.
ronmental justice and pollution impacts of (a) SENSE OF CONGRESS.—It is the sense of Strike section 2306.
covered facilities and the products of covered Congress that the United States and other
facilities. NATO member countries should explore SA 1492. Mrs. GILLIBRAND (for Mr.
(2) REQUIREMENTS.—The study under para- ways to ensure that NATO member countries SANDERS (for himself, Mrs. GILLIBRAND,
graph (1) shall— diversify their energy supplies and routes in Ms. HARRIS, and Mr. MARKEY)) sub-
(A) consider— order to enhance their energy security, in-
cluding through the development of a trans-
mitted an amendment intended to be
(i) the direct, indirect, and cumulative en-
atlantic energy strategy. proposed to amendment SA 1407 pro-
vironmental impacts of the industries of cov-
ered facilities to date; and (b) TRANSATLANTIC ENERGY STRATEGY.— posed by Ms. MURKOWSKI to the bill S.
(ii) the impacts of the planned expansion of (1) IN GENERAL.—Not later than 180 days 2657, to support innovation in advanced
those industries, including local, regional, after the date of the enactment of this Act, geothermal research and development,
national, and international air, water, waste, the Secretary of State, in coordination with and for other purposes; which was or-
climate change, public health, and environ- the Administrator of the United States dered to lie on the table; as follows:
mental justice impacts of those industries; Agency for International Development and At the end of subtitle E of title I, add the
and the Secretary of Energy, shall submit to the following:
(B) recommend technologies, standards, appropriate congressional committees a SEC. 15ll. POST-SHUTDOWN DECOMMISSIONING
and practices to remediate or eliminate the transatlantic energy strategy for the United ACTIVITIES REPORTS.
local, regional, national, and international States— (a) IN GENERAL.—Chapter 10 of title I of the
air, water, waste, climate change, public (A) to enhance the energy security of Atomic Energy Act of 1954 (42 U.S.C. 2131 et
health, and environmental justice impacts of NATO member countries and countries that seq.) is amended by adding at the end the fol-
covered facilities and the industries of cov- are partners of NATO; and lowing:
ered facilities. (B) to increase exports of energy, energy ‘‘SEC. 113. POST-SHUTDOWN DECOMMISSIONING
(3) REPORT.—Not later than 18 months technologies, and energy development serv- ACTIVITIES REPORTS.
after the date of enactment of this Act, the ices from the United States to such coun- ‘‘a. DEFINITIONS.—In this section:
Secretary shall submit to Congress a report tries. ‘‘(1) AFFECTED STATE.—The term ‘affected
describing the results of the study under (2) APPROPRIATE CONGRESSIONAL COMMIT- State’ means—
paragraph (1). TEES DEFINED.—In this subsection, the term ‘‘(A) the host State of a covered facility;
‘‘appropriate congressional committees’’ and
SA 1490. Mr. BARRASSO submitted means— ‘‘(B) each State located within 50 miles of
an amendment intended to be proposed (A) the Committee on Foreign Relations of a covered facility.
the Senate; and ‘‘(2) COMMISSION.—The term ‘Commission’
to amendment SA 1407 proposed by Ms.
(B) the Committee on Foreign Affairs of means the Nuclear Regulatory Commission.
MURKOWSKI to the bill S. 2657, to sup- the House of Representatives. ‘‘(3) COVERED FACILITY.—The term ‘covered
port innovation in advanced geo- SEC. 4005. EXPEDITED APPROVAL OF EXPOR- facility’ means a facility of a licensee for
thermal research and development, and TATION OF NATURAL GAS TO which a PSDAR is required.
for other purposes; which was ordered UNITED STATES ALLIES. ‘‘(4) HOST STATE.—The term ‘host State’
to lie on the table; as follows: (a) IN GENERAL.—Section 3(c) of the Nat- means the State in which a covered facility
ural Gas Act (15 U.S.C. 717b(c)) is amended— is located.
At the end, add the following:
(1) by inserting ‘‘(1)’’ before ‘‘For pur- ‘‘(5) LICENSE; LICENSEE.—The terms ‘li-
TITLE IV—ENERGY SECURITY poses’’; cense’ and ‘licensee’ have the meanings
COOPERATION (2) by striking ‘‘nation with which there is given those terms in section 50.2 of title 10,
SEC. 4001. SHORT TITLE. in effect a free trade agreement requiring na- Code of Federal Regulations (or successor
This title may be cited as the ‘‘Energy Se- tional treatment for trade in natural gas’’ regulations).
curity Cooperation with Allied Partners in and inserting ‘‘foreign country described in ‘‘(6) PSDAR.—The term ‘PSDAR’ means a
Europe Act of 2020’’. paragraph (2)’’; and post-shutdown decommissioning activities
SEC. 4002. STATEMENT OF POLICY. (3) by adding at the end the following: report submitted to the Commission and af-
It is the policy of the United States— ‘‘(2) A foreign country described in this fected States under section 50.82(a)(4)(i) of
(1) to reduce the dependency of allies and paragraph is— title 10, Code of Federal Regulations (or suc-
partners of the United States on Russian en- ‘‘(A) a nation with which there is in effect cessor regulations).
ergy resources, especially natural gas, in a free trade agreement requiring national ‘‘(7) TRANSFEREE.—The term ‘transferee’
order for those countries to achieve lasting treatment for trade in natural gas; means an entity to which a licensee proposes
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and dependable energy security; ‘‘(B) a member country of the North Atlan- to transfer a license for a covered facility.
(2) to condemn the Government of the Rus- tic Treaty Organization; ‘‘(8) TRIBAL GOVERNMENT.—The term ‘Trib-
sian Federation for, and to deter that gov- ‘‘(C) subject to paragraph (3), Japan; and al government’ means the governing body of
ernment from, using its energy resources as ‘‘(D) any other foreign country if the Sec- an Indian tribe (as defined in section 4 of the
a geopolitical weapon to coerce, intimidate, retary of State, in consultation with the Indian Self-Determination and Education
and influence other countries; Secretary of Defense, determines that expor- Assistance Act (25 U.S.C. 5304)).
(3) to improve energy security in Europe tation of natural gas to that foreign country ‘‘b. CONSULTATION REQUIRED.—Notwith-
by increasing access to diverse, reliable, and would promote the national security inter- standing any other provision of law (includ-
affordable energy; ests of the United States. ing regulations), a licensee may not submit
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1485
to the Commission a proposed PSDAR, or ‘‘(C) a statement of nonsupport for the pro- ‘‘(B) CHANGES.—Notwithstanding the ade-
transfer to another entity the license, for a posed PSDAR or license transfer. quate protection of public health and safety
covered facility until the licensee and the ‘‘(2) STATEMENT OF SUPPORT OR NON- or the common defense and security, for each
transferee, if applicable, conduct consulta- SUPPORT; FAILURE TO SUBMIT.— change recommended by the host State
tion regarding the development of the pro- ‘‘(A) IN GENERAL.—If the host State files under paragraph (1)(B), the Commission
posed PSDAR or the proposed license trans- with the Commission a statement of support shall—
fer, as applicable, with— under paragraph (1)(A) or a statement of ‘‘(i) provide for the inclusion of the change
‘‘(1) each affected State; and nonsupport under paragraph (1)(C), or fails to into the final PSDAR or license transfer, un-
‘‘(2) each unit of State government or Trib- file a statement with the Commission by the less the Commission determines the change
al government that— deadline specified in paragraph (1), the Com- to be inappropriate for inclusion, based on
‘‘(A) is located in an affected State; and mission shall issue a determination regard- clear and convincing evidence that—
‘‘(B) has jurisdiction over land located ing whether the proposed PSDAR is adequate ‘‘(I) the change violates applicable law; or
within 50 miles of the covered facility. or inadequate or a determination regarding ‘‘(II) the total costs of the change substan-
‘‘c. SUBMISSION TO COMMISSION; ADDITIONAL whether to provide consent for the proposed tially outweigh the safety, economic, or en-
CONSULTATION.— license transfer, as applicable— vironmental benefits of the change to the
‘‘(1) IN GENERAL.—After carrying out the ‘‘(i) based on the considerations described host State; and
consultation required under subsection b. in subparagraph (B); and ‘‘(ii) if applicable, provide the rationale for
with respect to a proposed PSDAR or trans- ‘‘(ii) after taking into consideration— each determination of inappropriateness
fer of a license for a covered facility, the li- under clause (i).
‘‘(I) any written comments submitted by
censee shall— ‘‘(C) DECISION DOCUMENT.—
the host State, other affected States, and
‘‘(A) submit to the Commission, as applica- ‘‘(i) IN GENERAL.—Subject to paragraph (4),
local communities with respect to the pro-
ble— based on the determinations made under sub-
posed PSDAR or license transfer; and
‘‘(i) the proposed PSDAR; or paragraphs (A) and (B), the Commission shall
‘‘(II) any input from the public under sub-
‘‘(ii) an application for transfer of a li- issue a decision document relating to a pro-
section d.
cense; and posed PSDAR or license transfer that, as ap-
‘‘(B) CONSIDERATIONS.—The Commission
‘‘(B) subject to paragraph (3), make the plicable—
shall consider a proposed PSDAR or license ‘‘(I) approves the proposed PSDAR or li-
proposed PSDAR or application for transfer transfer to be adequate under subparagraph
of a license, as applicable, available to the cense transfer with any changes rec-
(A) if the Commission determines that— ommended by the host State that are not de-
public. ‘‘(i) the proposed PSDAR or license trans- termined to be inappropriate under subpara-
‘‘(2) PUBLIC AVAILABILITY.—On receipt of a fer provides for— graph (B); or
proposed PSDAR or notice of a proposed li- ‘‘(I) the overall protection of human health ‘‘(II) rejects the proposed PSDAR or li-
cense transfer under paragraph (1)(A), the and the environment; and cense transfer.
Commission shall, subject to paragraph (3), ‘‘(II) adequate protection to the health and ‘‘(ii) APPLICABLE LAW.—A decision docu-
make the proposed PSDAR or application for safety of the public and the common defense ment issued under clause (i) or subparagraph
transfer of a license, as applicable, available and security; (C) or (D)(i) of paragraph (2) shall be consid-
to the public. ‘‘(ii) the licensee (and, if applicable, the ered to be a final order entered in a pro-
‘‘(3) EXCLUSION OF CERTAIN INFORMATION.— transferee) has a substantial likelihood of ceeding under section 189 a.
In making a proposed PSDAR or application implementing the proposed PSDAR or li- ‘‘(D) TREATMENT ON APPROVAL.—On ap-
for transfer of a license, as applicable, avail- cense transfer within the timeframe de- proval by the Commission of a proposed
able to the public under paragraph (1)(B) or scribed in the proposed PSDAR or license PSDAR or license transfer under subpara-
(2), the Commission or the licensee, as appli- transfer application; graph (C)(i)(I) or paragraph (2)(C)—
cable, may redact such information as the ‘‘(iii) the proposed PSDAR or license trans- ‘‘(i) the PSDAR or approval of the license
Commission or the licensee, as applicable, fer is in accordance with applicable law (in- transfer by the Commission shall be final;
determines to be necessary to protect— cluding regulations); and and
‘‘(A) trade secrets and commercial or fi- ‘‘(iv) the licensee (and, if applicable, the ‘‘(ii) the licensee may begin implementa-
nancial information under section 552(b)(4) of transferee) has demonstrated that the li- tion of the PSDAR.
title 5, United States Code; or censee has, or will have, the funds required ‘‘(E) REJECTION.—If the Commission rejects
‘‘(B) national security. to fully implement the proposed PSDAR or a proposed PSDAR or license transfer under
‘‘d. PUBLIC PARTICIPATION.—For a period of license transfer within the timeframe de- subparagraph (C)(i)(II), not later than 2 years
not less than 90 days beginning on the date scribed in the proposed PSDAR or license after the date of cessation of operations at
on which a licensee submits a proposed transfer application, based on— the applicable covered facility, the licensee
PSDAR to the Commission under subsection ‘‘(I) a comprehensive radiological site as- shall develop and submit to the Commission
c. (1)(A) or the date on which the Commis- sessment and characterization; and a new proposed PSDAR or license transfer in
sion dockets an application for transfer of a ‘‘(II) a nonradiological site assessment and accordance with this section.
license under section 2.101 of title 10, Code of characterization conducted by the host ‘‘(4) DEADLINE FOR DECISION DOCUMENT.—
Federal Regulations (or successor regula- State. ‘‘(A) IN GENERAL.—Subject to subpara-
tions), as applicable, the Commission shall ‘‘(C) DETERMINATION OF ADEQUACY.—Sub- graphs (B) and (C), the Commission shall
solicit in the host State public comments re- ject to paragraph (4), if the Commission de- issue a decision document relating to a pro-
garding the proposed PSDAR or notice of termines that a proposed PSDAR or license posed PSDAR or license transfer under sub-
proposed license transfer, including transfer is adequate under subparagraphs (A) paragraph (C) or (D)(i) of paragraph (2) or
through— and (B), the Commission shall issue a deci- paragraph (3)(C)(i) by not later than 1 year
‘‘(1) the solicitation of written comments; sion document approving the PSDAR or li- after the date on which the proposed PSDAR
and cense transfer. or an application for transfer of a license, as
‘‘(2) the conduct of not fewer than 2 public ‘‘(D) DETERMINATION OF INADEQUACY.—If applicable, is submitted to the Commission
meetings. the Commission determines that a proposed under subsection c. (1)(A).
‘‘e. SUPPORT, CONDITIONAL SUPPORT, OR PSDAR or license transfer is inadequate ‘‘(B) PROPOSED INTERMEDIATE LICENSE
NONSUPPORT BY HOST STATE.— under subparagraphs (A) and (B)— TRANSFERS.—
‘‘(1) IN GENERAL.—Not later than 60 days ‘‘(i) the Commission shall issue a decision ‘‘(i) DEFINITION OF PROPOSED INTERMEDIATE
after the date of receipt of a proposed document rejecting the proposed PSDAR or LICENSE TRANSFER.—In this subparagraph,
PSDAR or the date on which the Commis- license transfer, including a description of the term ‘proposed intermediate license
sion dockets an application for transfer of a the reasons for the decision, by the applica- transfer’ means a proposed transfer of li-
license under section 2.101 of title 10, Code of ble deadline under paragraph (4); and cense—
Federal Regulations (or successor regula- ‘‘(ii) not later than 2 years after the date of ‘‘(I) for a covered facility on behalf of
tions), as applicable, for a covered facility, cessation of operations at the applicable cov- which a proposed PSDAR has been submitted
the Commission shall notify the host State ered facility, the licensee shall develop and by the licensee to the Commission under sub-
of the opportunity to file with the Commis- submit to the Commission a new proposed section c. (1)(A)(i); and
sion, by the date that is 60 days after the PSDAR or license transfer in accordance ‘‘(II) the notice of which is submitted to
date on which the host State receives the no- with this section. the Commission under subsection c. (1)(A)(ii)
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tification— ‘‘(3) CONDITIONAL SUPPORT BY HOST STATE.— before the applicable deadline under subpara-
‘‘(A) a statement of support for the pro- ‘‘(A) IN GENERAL.—In any case in which the graph (A) for the issuance by the Commis-
posed PSDAR or license transfer; host State files with the Commission a state- sion of a decision document relating to the
‘‘(B) a statement of conditional support for ment of conditional support of a proposed proposed PSDAR described in subclause (I).
the proposed PSDAR or license transfer, to- PSDAR or license transfer under paragraph ‘‘(ii) DEADLINE.—Subject to subparagraph
gether with specific recommendations for (1)(B), the Commission shall determine (C), in any case in which a licensee submits
changes that could lead the host State to whether the proposed PSDAR or license to the Commission a notice of a proposed in-
support the proposed PSDAR or license transfer is permissible under applicable law termediate license transfer of a covered fa-
transfer; or (including regulations). cility, the Commission shall issue a decision
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S1486 CONGRESSIONAL RECORD — SENATE March 4, 2020
document relating to the proposed PSDAR of PSDAR, shall be issued in accordance with (I) sponsored by a licensee; or
the covered facility by not later than 1 year subparagraph (C) or (D)(I) of subsection e. (2) (II) required under applicable State law
after the date of receipt of the application or subsection e. (3)(C), as applicable, except (including regulations).
for transfer of a license. that the Commission shall issue the decision (C) LICENSEE.—The term ‘‘licensee’’ means
‘‘(C) EXTENSION.—If there are unforeseen document by the date that is 1 year after the a person licensed by the Nuclear Regulatory
circumstances, including unexpected tech- date on which the applicable decontamina- Commission under chapter 10 of title I of the
nical issues, site-specific characteristics, or tion and dismantlement activities commence Atomic Energy Act of 1954 (42 U.S.C. 2131 et
other external factors that could affect the at the applicable covered facility. seq.).
ability of the Commission to issue a decision ‘‘(4) REVISION AFTER DETERMINATION OF IN- (2) AUTHORIZATION OF ASSISTANCE.—Not-
document by a deadline specified in subpara- ADEQUACY.—If the Commission rejects a re- withstanding any other provision of law, the
graph (A) or (B)(ii), the Commission may ex- vised PSDAR submitted by a licensee or Administrator shall establish a program
tend the applicable deadline for a reasonable transferee under paragraph (1)(A) in accord- under which the Administrator shall provide
period of time, as determined by the Com- ance with subsection e. (2)(D) or subsection to community advisory boards economic ad-
mission. e. (3)(E), the licensee or transferee shall de- justment assistance grants under section 209
‘‘f. ADDITIONAL REQUIREMENTS.— velop and submit to the Commission a new of the Public Works and Economic Develop-
‘‘(1) ACTION BY TRANSFEREES.—On transfer revised PSDAR in accordance with this sub- ment Act of 1965 (42 U.S.C. 3149) or any other
of a license for a covered facility by a li- section by not later than 2 years after the economic adjustment assistance program of
censee to a transferee in accordance with date of the rejection.’’. the Administrator.
this section, the transferee shall conduct (b) TECHNICAL AND CONFORMING AMEND- (3) ELIGIBILITY.—A community advisory
consultation in accordance with subsection MENTS.— board shall be eligible to receive a grant
b. with respect to each proposed PSDAR de- (1) IN GENERAL.—The Atomic Energy Act of under this subsection if, as determined by
veloped by the transferee for the covered fa- 1954 is amended— the Administrator, the community advisory
cility. (A) in section 103 (42 U.S.C. 2133)— board—
‘‘(2) STATE ENVIRONMENTAL LAW COMPLI- (i) in subsection d., in the second sentence, (A) is composed of an organized group of
ANCE.—Notwithstanding any other provision
by striking ‘‘any any’’ and inserting ‘‘any’’; individuals (including local community lead-
of this section, the Commission shall not ap- and ers and elected officials, State representa-
prove a proposed PSDAR or license transfer (ii) by redesignating subsection f. as sub- tives, and staff of the applicable licensee) in-
under this section unless the proposed section e.; and terested in safe decommissioning practices
PSDAR or license transfer for a covered fa- (B) in section 111 (42 U.S.C. 2141), by strik- and spent nuclear fuel management at a nu-
cility includes a requirement that the li-
ing the section designation and all that fol- clear facility that is—
censee and the transferee, if applicable, shall
lows through ‘‘The Nuclear’’ in subsection a. (i)(I) undergoing decommissioning; or
comply with applicable State law relating to
and inserting the following: (II) projected to undergo decommissioning
air, water, or soil quality or radiological
‘‘SEC. 111. LICENSING BY NUCLEAR REGULATORY not later than 3 years after the date on
standards with respect to the implementa-
COMMISSION OF DISTRIBUTION OF which an application is submitted under sub-
tion of the proposed PSDAR or license trans- CERTAIN MATERIALS BY DEPART- paragraph (C); and
fer in any case in which the applicable State MENT OF ENERGY. (ii) located in the area in which the indi-
law is more restrictive than an applicable ‘‘a. The Nuclear’’. viduals reside or are employed;
Federal law. (2) TABLE OF CONTENTS.—The table of con-
‘‘g. APPLICATION TO EXISTING DECOMMIS- (B) has in effect a governing charter to es-
tents of the Atomic Energy Act of 1954 (68 tablish the roles and responsibilities of mem-
SIONING ACTIVITIES.—
Stat. 919; 126 Stat. 2216) is amended by strik- bers; and
‘‘(1) IN GENERAL.—The Commission shall
ing the items relating to chapter 10 of title (C) submits to the Administrator an appli-
notify—
I and inserting the following: cation at such time, in such manner, and
‘‘(A) each licensee or transferee, if applica-
ble, of the opportunity to develop and submit ‘‘CHAPTER 10. ATOMIC ENERGY LICENSES containing such information as the Adminis-
to the Commission for approval a revised ‘‘Sec. 101. License required. trator may require.
PSDAR for any covered facility of the li- ‘‘Sec. 102. Utilization and production facili- (4) USE OF FUNDS.—A grant provided under
censee for which, as of the date of enactment ties for industrial or commer- this subsection—
of this section— cial purposes. (A) may be used for the administrative
‘‘(i) decontamination and dismantlement ‘‘Sec. 103. Commercial licenses. costs of the recipient community advisory
activities described in the PSDAR have not ‘‘Sec. 104. Medical therapy and research and board, including the costs of—
commenced at the covered facility; or development. (i) staffing; and
‘‘(ii) decontamination and dismantlement ‘‘Sec. 105. Antitrust provisions. (ii) hiring any expert or other professional
activities described in the PSDAR have been ‘‘Sec. 106. Classes of facilities. to assist the community advisory board in
commenced at the covered facility for a pe- ‘‘Sec. 107. Operators’ licenses. navigating the decommissioning process to
riod of less than 5 years; and ‘‘Sec. 108. War or national emergency. ensure that the understanding and relevant
‘‘(B) each affected State with respect to a ‘‘Sec. 109. Component and other parts of fa- capabilities of the community advisory
covered facility described in subparagraph cilities. board are equivalent to those of industry
(A) of the opportunity to consult with a li- ‘‘Sec. 110. Exclusions. stakeholders, including the applicable li-
censee or transferee described in that sub- ‘‘Sec. 111. Licensing by Nuclear Regulatory censee; but
paragraph in accordance with subsection b. Commission of distribution of (B) shall not be used for any economic de-
‘‘(2) PROCESS.— certain materials by Depart- velopment activity.
‘‘(A) IN GENERAL.—Except as provided in ment of Energy. (5) AUTHORIZATION OF APPROPRIATIONS.—
paragraphs (3) and (4), if a licensee or trans- ‘‘Sec. 112. Domestic medical isotope produc- There is authorized to be appropriated to the
feree described in paragraph (1)(A) elects to tion. Administrator to carry out this subsection
submit to the Commission a revised PSDAR ‘‘Sec. 113. Post-shutdown decommissioning $5,000,000 for each of fiscal years 2021 through
under that paragraph, the process for consid- activities reports.’’. 2025.
eration and approval of the revised PSDAR (c) ECONOMIC ADJUSTMENT ASSISTANCE FOR
shall be carried out in accordance with— COMMUNITY ADVISORY BOARDS.— SA 1493. Mr. LEE (for himself, Mr.
‘‘(i) the process for consideration and ap- (1) DEFINITIONS.—In this subsection: CRUZ, Mr. RISCH, and Mr. CRAPO) sub-
proval of a proposed PSDAR for a covered fa- (A) ADMINISTRATOR.—The term ‘‘Adminis- mitted an amendment intended to be
cility under subsections b., c., d., and f.; and trator’’ means the Administrator of the Eco- proposed to amendment SA 1407 pro-
‘‘(ii) the process for support, conditional nomic Development Administration. posed by Ms. MURKOWSKI to the bill S.
support, or nonsupport by the host State (B) COMMUNITY ADVISORY BOARD.— 2657, to support innovation in advanced
under subsection e. (i) IN GENERAL.—The term ‘‘community ad- geothermal research and development,
‘‘(B) NONSELECTION.—If a licensee or trans- visory board’’ means a local community
feree described in paragraph (1)(A) elects not committee or other advisory organization es-
and for other purposes; which was or-
to revise an original PSDAR under that tablished for the purpose of fostering com- dered to lie on the table; as follows:
paragraph, the host State may file a state- munication and information exchange be- At the appropriate place, insert the fol-
ment of support, conditional support, or non- tween— lowing:
SEC. lll. SMALL REFINERY EXEMPTIONS.
SSpencer on DSKBBXCHB2PROD with SENATE
support for the original PSDAR in accord- (I) a licensee planning for, and involved in,
ance with the process for support, condi- the decommissioning of a nuclear facility Section 211(o)(9) of the Clean Air Act (42
tional support, or nonsupport by a host State owned or operated by the licensee; and U.S.C. 7545(o)(9)) is amended—
under subsection e. (II) members of a community that the de- (1) in subparagraph (A)(ii)(II), by inserting
‘‘(3) DECISION DOCUMENT.—A decision docu- commissioning referred to in subclause (I) ‘‘grant or’’ after ‘‘the Administrator shall’’;
ment for a revised PSDAR submitted under may affect. and
paragraph (1)(A), or for an original PSDAR (ii) INCLUSIONS.—The term ‘‘community ad- (2) in subparagraph (B)(i), by inserting ‘‘for
in any case in which the licensee or trans- visory board’’ includes an organization de- a new exemption or’’ after ‘‘the Adminis-
feree elects not to revise the original scribed in clause (i) that is— trator’’.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1487
SA 1494. Mr. LEE submitted an the date of the enactment of the Energy Tax (2) Section 45K(g)(2) is amended by striking
amendment intended to be proposed to Expenditure Repeal Act of 2020’’ after ‘‘sec- subparagraph (E).
amendment SA 1407 proposed by Ms. tion 30B(d)(3) of title 26’’. (3) Section 55(c)(1) is amended by striking
(c) EFFECTIVE DATE.—The amendments ‘‘45(e)(11)(C),’’.
MURKOWSKI to the bill S. 2657, to sup- made by this section shall apply to property (c) EFFECTIVE DATE.—The amendments
port innovation in advanced geo- purchased after December 31, 2017. made by this section shall apply to property
thermal research and development, and SEC. 4005. REPEAL OF ALTERNATIVE FUEL VEHI- placed in service after December 31, 2020.
for other purposes; which was ordered CLE REFUELING PROPERTY CREDIT. SEC. 4009. REPEAL OF CREDIT FOR PRODUCING
to lie on the table; as follows: (a) IN GENERAL.—Subpart B of part IV of OIL AND GAS FROM MARGINAL
subchapter A of chapter 1 is amended by WELLS.
At the end, add the following: (a) IN GENERAL.—Subpart D of part IV of
striking section 30C (and by striking the
TITLE IV—REPEAL OF ENERGY TAX subchapter A of chapter 1 is amended by
item relating to such section in the table of
EXPENDITURES striking section 45I (and by striking the item
sections for such subpart).
SEC. 4001. SHORT TITLE; ETC. (b) CONFORMING AMENDMENTS.— relating to such section in the table of sec-
(a) SHORT TITLE.—This title may be cited (1) Section 38(b) is amended by striking tions for such subpart).
as the ‘‘Energy Tax Expenditure Repeal Act paragraph (25). (b) CONFORMING AMENDMENT.—Section 38(b)
of 2020’’. (2) Section 55(c)(3) is amended by striking is amended by striking paragraph (19).
(c) EFFECTIVE DATE.—The amendments
(b) AMENDMENT OF 1986 CODE.—Except as ‘‘sections 30C(d)(2) and 38(c)’’ and inserting
made by this section shall apply to taxable
otherwise expressly provided, whenever in ‘‘section 38(c)’’.
years beginning after December 31, 2020.
this title an amendment or repeal is ex- (3) Section 1016(a) is amended by striking
SEC. 4010. REPEAL OF CREDIT FOR PRODUCTION
pressed in terms of an amendment to, or re- paragraph (36). FROM ADVANCED NUCLEAR POWER
peal of, a section or other provision, the ref- (4) Section 6501(m) is amended by striking FACILITIES.
erence shall be considered to be made to a ‘‘30C(e)(5),’’. (a) IN GENERAL.—Subpart D of part IV of
section or other provision of the Internal (5) Section 244(b) of the Energy Independ- subchapter A of chapter 1 is amended by
Revenue Code of 1986. ence and Security Act of 2007 (42 U.S.C. striking section 45J (and by striking the
SEC. 4002. REPEAL OF CREDIT FOR NONBUSI- 17052(b)) is amended by striking paragraph item relating to such section in the table of
NESS ENERGY PROPERTY. (6). sections for such subpart).
(a) IN GENERAL.—Subpart A of part IV of (c) EFFECTIVE DATE.—The amendments (b) CONFORMING AMENDMENTS.—
subchapter A of chapter 1 is amended by made by this section shall apply to property (1) Section 38(b) is amended by striking
striking section 25C (and by striking the placed in service after December 31, 2017. paragraph (21).
item relating to such section in the table of SEC. 4006. REPEAL OF CREDIT FOR NEW QUALI- (2) Section 501(c)(12) is amended by strik-
sections of such subpart). FIED PLUG-IN ELECTRIC DRIVE ing subparagraph (I).
AMENDMENT.—Section MOTOR VEHICLES. (c) EFFECTIVE DATE.—The amendments
(b) CONFORMING
1016(a) is amended by striking paragraph (33). (a) IN GENERAL.—Subpart B of part IV of made by this section shall apply to elec-
(c) EFFECTIVE DATE.—The amendments subchapter A of chapter 1 is amended by tricity produced and sold after December 31,
made by this section shall apply to property striking section 30D (and by striking the 2020.
placed in service after December 31, 2017. item relating to such section in the table of SEC. 4011. REPEAL OF NEW ENERGY EFFICIENT
SEC. 4003. REPEAL OF CREDIT FOR RESIDENTIAL
sections for such subpart). HOME CREDIT.
ENERGY EFFICIENT PROPERTY. (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Subpart D of part IV of
(1) Section 38(b) is amended by striking subchapter A of chapter 1 is amended by
(a) IN GENERAL.—Subpart A of part IV of
paragraph (30). striking section 45L (and by striking the
subchapter A of chapter 1 is amended by
(2) Section 1016(a) is amended by striking item relating to such section in the table of
striking section 25D (and by striking the
paragraph (37). sections for such subpart).
item relating to such section in the table of
(3) Section 6501(m) is amended by striking (b) CONFORMING AMENDMENTS.—
sections for such subpart).
‘‘30D(e)(4),’’. (1) Section 38(b) is amended by striking
(b) CONFORMING AMENDMENTS.—
(4) Section 166(b)(5)(A)(ii) of title 23, United paragraph (23).
(1) Section 23(c)(1) is amended by striking
States Code, is amended by inserting ‘‘, as in (2) Section 196(c) is amended—
‘‘and section 25D’’.
effect on the day before the date of the en- (A) by inserting ‘‘and’’ at the end of para-
(2) Section 25(e)(1)(C) is amended by strik-
actment of the Energy Tax Expenditure Re- graph (12),
ing ‘‘sections 23 and 25D’’ and inserting ‘‘sec-
peal Act of 2020’’ after ‘‘section 30D(d)(1) of (B) by striking paragraph (13), and
tion 23’’.
the Internal Revenue Code of 1986’’. (C) by redesignating paragraph (14) as para-
(3) Section 1016(a) is amended by striking
(c) EFFECTIVE DATE.—The amendments graph (13).
paragraph (34). made by this section shall apply to vehicles (3) Section 1016(a) is amended by striking
(c) EFFECTIVE DATE.—The amendments acquired after December 31, 2020. paragraph (32).
made by this section shall apply to property
SEC. 4007. REPEAL OF ENHANCED OIL RECOVERY (c) EFFECTIVE DATE.—The amendments
placed in service after December 31, 2020. CREDIT. made by this section shall apply to homes
SEC. 4004. REPEAL OF ALTERNATIVE MOTOR VE- (a) IN GENERAL.—Subpart D of part IV of acquired after December 31, 2017.
HICLE CREDIT.
subchapter A of chapter 1 is amended by SEC. 4012. REPEAL OF CREDIT FOR CARBON
(a) IN GENERAL.—Subpart B of part IV of striking section 43 (and by striking the item OXIDE SEQUESTRATION.
subchapter A of chapter 1 is amended by relating to such section in the table of sec- (a) IN GENERAL.—Subpart D of part IV of
striking section 30B (and by striking the tions for such subpart). subchapter A of chapter 1 is amended by
item relating to such section in the table of (b) CONFORMING AMENDMENTS.— striking section 45Q (and by striking the
sections for such subpart). (1) Section 38(b) is amended by striking item relating to such section in the table of
(b) CONFORMING AMENDMENTS.— paragraph (6). sections for such subpart).
(1) Section 38(b) is amended by striking (2) Section 45K(b) is amended by striking (b) CONFORMING AMENDMENT.—Section 38(b)
paragraph (24). paragraph (5). is amended by striking paragraph (29).
(2) Section 1016(a) is amended by striking (3) Section 196(c) is amended by striking (c) EFFECTIVE DATE.—The amendments
paragraph (35). paragraph (5). made by this section shall apply to taxable
(3) Section 6501(m) is amended by striking (4) Section 6501(m) is amended by striking years beginning after December 31, 2020.
‘‘30B(h)(9),’’. ‘‘43,’’. SEC. 4013. REPEAL OF ENERGY CREDIT.
(4) Section 301(3)(B) of the Energy Policy (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Subpart E of part IV of
Act of 1992 (42 U.S.C. 13211(3)(B)) is amend- made by this section shall apply to amounts subchapter A of chapter 1 is amended by
ed— paid or incurred in taxable years beginning striking section 48 (and by striking the item
(A) in clause (i), by inserting ‘‘, as in effect after December 31, 2020. relating to such section in the table of sec-
on the day before the date of the enactment SEC. 4008. REPEAL OF CREDIT FOR ELECTRICITY tions for such subpart).
of the Energy Tax Expenditure Repeal Act of PRODUCED FROM CERTAIN RENEW- (b) CONFORMING AMENDMENTS.—
2020’’ after ‘‘section 30B(b)(3) of title 26’’, ABLE RESOURCES. (1) Section 38(c)(4)(B) is amended by strik-
(B) in clause (ii), by inserting ‘‘, as in ef- (a) IN GENERAL.—Subpart D of part IV of ing clause (x).
fect on the day before the date of the enact- subchapter A of chapter 1 is amended by (2) Section 45K(b)(3)(A)(i)(III) is amended
SSpencer on DSKBBXCHB2PROD with SENATE
ment of that Act’’ after ‘‘section 30B(c)(3) of striking section 45 (and by striking the item by inserting ‘‘, as in effect on the day before
that title’’, and relating to such section in the table of sec- the date of the enactment of the Energy Tax
(C) in clause (iii), by inserting ‘‘, as in ef- tions for such subpart). Expenditure Repeal Act of 2020’’ after ‘‘sec-
fect on the day before the date of the enact- (b) CONFORMING AMENDMENTS.— tion 48(a)(4)(C)’’.
ment of that Act’’ after ‘‘section 30B(d)(3) of (1) Section 38 is amended— (3) Section 168(e)(3)(B)(vi)(I) is amended by
that title’’. (A) in subsection (b), by striking paragraph inserting ‘‘, as in effect on the day before the
(5) Section 508(a)(2) of the Energy Policy (8), and date of the enactment of the Energy Tax Ex-
Act of 1992 (42 U.S.C. 13258(a)(2)) is amended (B) in subsection (c)(4)(B), by striking penditure Repeal Act of 2020’’ after ‘‘section
by inserting ‘‘, as in effect on the day before clauses (iv) and (v). 48(a)(3)’’.
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S1488 CONGRESSIONAL RECORD — SENATE March 4, 2020
(c) EFFECTIVE DATE.—The amendments ‘‘(11) PERMANENT EXPENSING OF COSTS RE- (5) Section 381(c) is amended by striking
made by this section shall apply to property LATED TO SPECIFIED ENERGY PROPERTY.— paragraph (18).
placed in service after December 31, 2020. ‘‘(A) IN GENERAL.—In the case of any speci- (6) Section 465(c)(1)(E) is amended by in-
SEC. 4014. REPEAL OF QUALIFYING ADVANCED fied energy property— serting ‘‘, as in effect on the day before the
COAL PROJECT CREDIT. ‘‘(i) paragraphs (2)(A)(iii) and (8) shall not date of the enactment of the Energy Tax Ex-
(a) IN GENERAL.—Subpart E of part IV of apply, and penditure Repeal Act of 2020’’ after ‘‘section
subchapter A of chapter 1 is amended by ‘‘(ii) the applicable percentage shall be 100 613(e)(2)’’.
striking section 48A (and by striking the percent. (7) Section 611(a) is amended by striking
item relating to such section in the table of ‘‘(B) SPECIFIED ENERGY PROPERTY.—For the second sentence.
sections for such subpart). purposes of this paragraph, the term ‘speci- (8) Section 614(d) is amended by striking
(b) CONFORMING AMENDMENT.—Section 411 fied energy property’ means any qualified ‘‘includes only’’ and all that follows and in-
of the Energy Policy Act of 2005 (42 U.S.C. property which is described in— serting ‘‘includes only an interest burdened
15971) is amended by striking subsection (d). ‘‘(i) clause (vi) of subparagraph (B) of sub- by the costs of production.’’.
(c) EFFECTIVE DATE.—The amendments section (e)(3), (9) Section 631(c) is amended by striking
made by this section shall apply to property ‘‘(ii) clauses (iii) and (iv) of subparagraph the second sentence.
placed in service after December 31, 2020. (C) of such subsection, (10) Section 636(a) is amended by striking
SEC. 4015.
REPEAL OF QUALIFYING GASIFI- ‘‘(iii) clause (iii) or (iv) of subparagraph (D) ‘‘(for purposes of section 613)’’.
CATION PROJECT CREDIT. of such subsection, or (11) Section 705(a) is amended—
(a) IN GENERAL.—Subpart E of part IV of ‘‘(iv) clauses (iii) through (vi) of subpara- (A) in paragraph (1), by adding ‘‘and’’ at
subchapter A of chapter 1 is amended by graph (E) of such subsection.’’. the end of subparagraph (C),
striking section 48B (and by striking the (b) CONFORMING AMENDMENT.—Section (B) in paragraph (2), by striking ‘‘; and’’ at
item relating to such section in the table of 168(k)(6)(A) is amended by inserting ‘‘or the end of subparagraph (B) and inserting a
sections for such subpart). paragraph (11)’’ after ‘‘this paragraph’’. period, and
(b) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments (C) by striking paragraph (3).
made by this section shall apply to property made by this section shall apply to property (12) Section 901(e)(1)(A) is amended by
placed in service after December 31, 2020. placed in service after December 31, 2020. striking ‘‘(or, if smaller’’ and all that follows
SEC. 4016. REPEAL OF QUALIFYING ADVANCED SEC. 4020. PERMANENT EXPENSING OF COSTS RE- through ‘‘under section 613)’’.
ENERGY PROJECT CREDIT. LATED TO CERTAIN ATMOSPHERIC (13) Section 993(c)(2)(C) is amended by in-
(a) IN GENERAL.—Subpart E of part IV of POLLUTION CONTROL FACILITIES. serting ‘‘(as each such section was in effect
subchapter A of chapter 1 is amended by (a) IN GENERAL.—Paragraph (11) of section on the day before the date of the enactment
striking section 48C (and by striking the 168(k), as added by section 4019 of this Act, is of the Energy Tax Expenditure Repeal Act of
item relating to such section in the table of amended— 2020)’’ after ‘‘section 613 or 613A’’.
sections for such subpart). (1) in the heading, by inserting ‘‘AND CER- (14) Section 1202(e)(3)(D) is amended by in-
(b) EFFECTIVE DATE.—The amendments TAIN ATMOSPHERIC POLLUTION CONTROL FACILI- serting ‘‘(as each such section was in effect
made by this section shall apply to property TIES’’ after ‘‘SPECIFIED ENERGY PROPERTY’’, on the day before the date of the enactment
placed in service after December 31, 2020. and of the Energy Tax Expenditure Repeal Act of
SEC. 4017. REPEAL OF EXCLUSION OF ENERGY (2) in subparagraph (A), by inserting ‘‘or 2020)’’ after ‘‘section 613 or 613A’’.
CONSERVATION SUBSIDIES PRO- any atmospheric pollution control facility (15) Section 1367(a)(2) is amended by adding
VIDED BY PUBLIC UTILITIES. (as described in section 169(d)(5))’’ after ‘‘and’’ at the end of subparagraph (C), by
(a) IN GENERAL.—Part III of subchapter B ‘‘specified energy property’’. striking ‘‘, and’’ at the end of subparagraph
of chapter 1 is amended by striking section (b) EFFECTIVE DATE.—The amendments (D) and inserting a period, and by striking
136 (and by striking the item relating to such made by this section shall apply to property subparagraph (E).
section in the table of sections for such placed in service after December 31, 2020. (16) Section 1446(c) is amended by striking
part). SEC. 4021. REPEAL OF DEDUCTION FOR ENERGY paragraph (2) and by redesignating para-
(b) EFFECTIVE DATE.—The amendments EFFICIENT COMMERCIAL BUILD- graph (3) as paragraph (2).
made by this section shall apply to amounts INGS.
(17) Section 4612(a)(7) is amended by insert-
received after December 31, 2020. (a) IN GENERAL.—Part VI of subchapter B ing ‘‘(as in effect on the day before the date
SEC. 4018. EXPENSING OF GEOLOGICAL AND GEO- of chapter 1 is amended by striking section of the enactment of the Energy Tax Expendi-
PHYSICAL EXPENDITURES. 179D (and by striking the item relating to ture Repeal Act of 2020)’’ after ‘‘section 613’’.
(a) IN GENERAL.—Part VI of subchapter B such section in the table of sections for such (18) Section 4940(c)(3)(B) is amended—
of chapter 1 is amended by inserting after part). (A) by striking clause (ii), and
section 176 the following new section: (b) CONFORMING AMENDMENT.—
(B) by striking all that precedes ‘‘The de-
‘‘SEC. 177. GEOLOGICAL AND GEOPHYSICAL EX- (1) Section 263(a)(1) is amended—
duction provided’’ and inserting the fol-
PENDITURES. (A) in subparagraph (I), by adding ‘‘or’’ at
lowing:
‘‘(a) TREATMENT AS EXPENSES.—A taxpayer the end,
‘‘(B) MODIFICATIONS.—For purposes of sub-
may elect to treat any geological and geo- (B) by striking subparagraph (J), and
paragraph (A), the deduction provided’’.
physical expenses paid or incurred in connec- (C) by redesignating subparagraph (K) as (c) EFFECTIVE DATE.—The amendments
tion with the exploration for, or develop- subparagraph (J). made by this section shall apply to taxable
ment of, oil or gas within the United States (2) Section 312(k)(3)(B) is amended by years beginning after December 31, 2020.
(as defined in section 638) which are paid or striking ‘‘, 179D’’ each place it appears. SEC. 4023. REPEAL OF CREDIT FOR ALCOHOL
incurred by the taxpayer during the taxable (3) Section 1016(a) is amended by striking FUEL, BIODIESEL, AND ALTER-
year as expenses which are not chargeable to paragraph (31). NATIVE FUEL MIXTURES.
capital account. The expenditures so treated (4) Section 1245(a) is amended— (a) IN GENERAL.—Subchapter B of chapter
shall be allowed as a deduction. (A) in paragraph (2)(C), by striking ‘‘179,’’, 65 of subtitle F is amended by striking sec-
‘‘(b) ELECTION.—An election under sub- and tion 6426 (and by striking the item relating
section (a) shall be made at such time and in (B) in paragraph (3)(C), by striking ‘‘179,’’. to such section in the table of sections for
such manner as the Secretary prescribes by (c) EFFECTIVE DATE.—The amendments such subchapter).
regulations.’’. made by this section shall apply to property (b) CONFORMING AMENDMENTS.—
(b) CONFORMING AMENDMENTS.— placed in service after December 31, 2017. (1) Section 40(c) is amended by striking ‘‘,
(1) Section 167 is amended by striking sub- SEC. 4022. REPEAL OF PERCENTAGE DEPLETION. section 6426,’’.
section (h). (a) IN GENERAL.—Part I of subchapter I of (2) Section 40A is amended—
(2) Section 263A(c)(3) is amended by strik- chapter 1 is amended by striking sections 613 (A) in subsection (c), by striking ‘‘6426 or’’,
ing ‘‘167(h),’’. and 613A (and by striking the items relating and
(3) The table of sections for part VI of sub- to such sections in the table of sections for (B) in subsection (f)(4)(B), by striking ‘‘and
chapter B of chapter 1 is amended by insert- such part). section 6426(c)’’.
ing after the item relating to section 176 the (b) CONFORMING AMENDMENTS.— (3) Section 4101(a)(1) is amended by insert-
following new item: (1) Section 45H(d) is amended by inserting ing ‘‘(as each such section was in effect on
‘‘Sec. 177. Geological and geophysical ex- ‘‘, as in effect on the day before the date of the day before the date of the enactment of
penditures.’’. the enactment of the Energy Tax Expendi- the Energy Tax Expenditure Repeal Act of
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(c) EFFECTIVE DATE.—The amendments ture Repeal Act of 2020’’ after ‘‘section 2020)’’ after ‘‘section 6426(b)(4)(A)’’.
made by this section shall apply to amounts 613A(d)(3)’’. (4) Section 4104(a)(2) is amended by strik-
paid or incurred after December 31, 2020. (2) Section 57(a)(1) is amended by striking ing ‘‘, 6426,’’.
SEC. 4019. PERMANENT EXPENSING OF COSTS RE- the second sentence. (5) Section 6427 is amended—
LATED TO SPECIFIED ENERGY (3) Section 263(i)(2)(A) is amended by strik- (A) by striking subsection (e), and
PROPERTY. ing ‘‘(determined without regard to section (B) in subsection (i), by striking paragraph
(a) IN GENERAL.—Section 168(k) is amended 613)’’. (3).
by adding at the end the following new para- (4) Section 291(a) is amended by striking (6) Section 9503(b)(1) is amended by strik-
graph: paragraph (2). ing ‘‘taxes received under sections 4041 and
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1489
4081 shall be determined without reduction authorized by this subtitle do not duplicate (S) refueling and charging infrastructure
for credits under section 6426 and’’. those of other programs within the Depart- for alternative fueled and electric or plug-in
(c) EFFECTIVE DATE.—The amendments ment or other relevant research agencies. electric hybrid vehicles, including the
made by this section shall apply to fuel sold SEC. 1703. AUTHORIZATION OF APPROPRIATIONS. unique challenges facing rural areas;
or used after December 31, 2020. There are authorized to be appropriated to (T) gaseous fuels storage systems and sys-
SEC. 4024. CONFORMING AMENDMENTS RELAT- the Secretary for research, development, en- tem integration and optimization;
ING TO MULTIPLE SECTIONS. gineering, demonstration, and commercial (U) sensing, communications, and actu-
(a) IN GENERAL.— application of vehicles and related tech- ation technologies for vehicle, electrical
(1) AT-RISK RULES.—Section 49(a)(1)(C) is nologies in the United States, including ac- grid, and infrastructure;
amended by striking ‘‘means’’ and all that tivities authorized under this subtitle— (V) efficient use, substitution, and recy-
follows through the period and inserting (1) for fiscal year 2021, $313,567,000; cling of potentially critical materials in ve-
‘‘means the portion of the basis of any quali- (2) for fiscal year 2022, $326,109,000; hicles, including rare earth elements and
fied rehabilitated building attributable to (3) for fiscal year 2023, $339,154,000; precious metals, at risk of supply disruption;
qualified rehabilitation expenditures.’’. (4) for fiscal year 2024, $352,720,000; and (W) aftertreatment technologies;
(2) PROGRESS EXPENDITURES FOR INVEST- (5) for fiscal year 2025, $366,829,000. (X) thermal management of battery sys-
MENT CREDIT PROPERTY.—Section 50(a)(2) is SEC. 1704. REPORTING. tems;
amended by striking subparagraph (E). (a) TECHNOLOGIES DEVELOPED.—Not later (Y) retrofitting advanced vehicle tech-
(3) APPLICABLE SECTION 38 CREDITS.—Sec- than 18 months after the date of enactment nologies to existing vehicles;
tion 59A(b)(4) is amended by striking ‘‘prop- of this Act and annually thereafter through (Z) development of common standards,
erly allocable’’ and all that follows through 2025, the Secretary shall submit to Congress specifications, and architectures for both
the period and inserting ‘‘properly allocable a report regarding the technologies devel- transportation and stationary battery appli-
to the low-income housing credit determined oped as a result of the activities authorized cations;
under section 42(a).’’. by this subtitle, with a particular emphasis (AA) advanced internal combustion en-
(4) AMOUNT OF INVESTMENT CREDIT.—Sec- on whether the technologies were success- gines;
tion 46 is amended— fully adopted for commercial applications, (BB) mild hybrid;
(A) in paragraph (1), by inserting ‘‘and’’ at and if so, whether products relying on those (CC) engine down speeding;
the end, technologies are manufactured in the United (DD) vehicle-to-vehicle, vehicle-to-pedes-
(B) by striking paragraphs (2) through (5), States. trian, and vehicle-to-infrastructure tech-
(b) ADDITIONAL MATTERS.—At the end of nologies; and
and
each fiscal year through 2025, the Secretary (EE) other research areas as determined by
(C) by redesignating paragraph (6) as para-
shall submit to the relevant Congressional the Secretary.
graph (2). committees of jurisdiction an annual report
(b) EFFECTIVE DATE.—The amendments (2) TRANSFORMATIONAL TECHNOLOGY.—The
describing activities undertaken in the pre- Secretary shall ensure that the Department
made by this section shall apply to taxable vious year under this subtitle, active indus- continues to support research, development,
years beginning after December 31, 2020. try participants, the status of public-private engineering, demonstration, and commercial
partnerships, progress of the program in application activities and maintains com-
SA 1495. Mr. CASSIDY (for himself, meeting goals and timelines, and a strategic petency in mid- to long-term trans-
Mr. CORNYN, Mr. INHOFE, Mr. plan for funding of activities across agencies. formational vehicle technologies with poten-
LANKFORD, Mrs. HYDE-SMITH, Mr. SUL- SEC. 1705. VEHICLE RESEARCH AND DEVELOP- tial to achieve reductions in emissions, in-
LIVAN, Mr. BARRASSO, Mrs. CAPITO, Mr. MENT. cluding activities in the areas of—
RISCH, Mr. CRAMER, Mr. TILLIS, Mr. (a) PROGRAM.— (A) hydrogen vehicle technologies, includ-
CRAPO, Mr. BRAUN, Mr. CRUZ, Mr. (1) ACTIVITIES.—The Secretary shall con- ing fuel cells, hydrogen storage, infrastruc-
duct a program of basic and applied research, ture, and activities in hydrogen technology
HOEVEN, and Mr. TOOMEY) submitted an development, engineering, demonstration, validation and safety codes and standards;
amendment intended to be proposed to and commercial application activities on (B) multiple battery chemistries and novel
amendment SA 1407 proposed by Ms. materials, technologies, and processes with energy storage devices, including nonchem-
MURKOWSKI to the bill S. 2657, to sup- the potential to substantially reduce emis- ical batteries and electromechanical storage
port innovation in advanced geo- sions of the passenger and commercial vehi- technologies such as hydraulics, flywheels,
thermal research and development, and cles of the United States, including activi- and compressed air storage;
for other purposes; which was ordered ties in the areas of— (C) communication and connectivity
to lie on the table; as follows: (A) electrification of vehicle systems; among vehicles, infrastructure, and the elec-
(B) batteries, ultracapacitors, and other trical grid; and
Strike sections 1701 through 1705 and insert energy storage devices; (D) other innovative technologies research
the following: (C) power electronics; and development, as determined by the Sec-
SEC. 1701. OBJECTIVES. (D) vehicle, component, and subsystem retary.
The objectives of this subtitle are— manufacturing technologies and processes; (3) INDUSTRY PARTICIPATION.—
(1) to establish a consistent and consoli- (E) engine efficiency and combustion opti- (A) IN GENERAL.—To the maximum extent
dated authority for the vehicle technology mization; practicable, activities under this subtitle
program at the Department; (F) waste heat recovery; shall be carried out in partnership or col-
(2) to develop United States technologies (G) transmission and drivetrains; laboration with automotive manufacturers,
and practices that improve the fuel effi- (H) hydrogen vehicle technologies, includ- heavy commercial, vocational, and transit
ciency and emissions of all vehicles produced ing fuel cells and internal combustion en- vehicle manufacturers, qualified plug-in
in the United States; gines, and hydrogen infrastructure, includ- electric vehicle manufacturers, compressed
(3) to support domestic research, develop- ing hydrogen energy storage to enable re- natural gas vehicle manufacturers, vehicle
ment, engineering, demonstration, and com- newables and provide hydrogen for fuel and and engine equipment and component manu-
mercial application and manufacturing of power; facturers, manufacturing equipment manu-
advanced vehicles, engines, and components; (I) natural gas vehicle technologies; facturers, advanced vehicle service pro-
(4) to enable vehicles to move larger vol- (J) aerodynamics, rolling resistance (in- viders, fuel producers and energy suppliers,
umes of goods and more passengers with less cluding tires and wheel assemblies), and ac- electric utilities, universities, National Lab-
energy and emissions; cessory power loads of vehicles and associ- oratories, and independent research labora-
(5) to develop cost-effective advanced tech- ated equipment; tories.
nologies for wide-scale utilization through- (K) vehicle weight reduction, including (B) REQUIREMENTS.—In carrying out this
out the passenger, commercial, government, lightweighting materials and the develop- subtitle, the Secretary shall—
and transit vehicle sectors; ment of manufacturing processes to fab- (i) determine whether a wide range of com-
(6) to allow for greater consumer choice of ricate, assemble, and use dissimilar mate- panies that manufacture or assemble vehi-
vehicle technologies and fuels; rials; cles or components in the United States are
(7) shorten technology development and in- (L) friction and wear reduction; represented in ongoing public-private part-
tegration cycles in the vehicle industry; (M) engine and component durability; nership activities, including firms that have
(8) to ensure a proper balance and diversity (N) innovative propulsion systems; not traditionally participated in federally
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of Federal investment in vehicle tech- (O) advanced boosting systems; sponsored research and development activi-
nologies; and (P) hydraulic hybrid technologies; ties, and where possible, partner with such
(9) to strengthen partnerships between (Q) engine compatibility with and optimi- firms that conduct significant and relevant
Federal and State governmental agencies zation for a variety of transportation fuels research and development activities in the
and the private and academic sectors. including natural gas and other liquid and United States;
SEC. 1702. COORDINATION AND NONDUPLICA- gaseous fuels; (ii) leverage the capabilities and resources
TION. (R) predictive engineering, modeling, and of, and formalize partnerships with, indus-
The Secretary shall ensure, to the max- simulation of vehicle and transportation sys- try-led stakeholder organizations, nonprofit
imum extent practicable, that the activities tems; organizations, industry consortia, and trade
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S1490 CONGRESSIONAL RECORD — SENATE March 4, 2020
associations with expertise in the research (I) with the most promise for market de- ‘‘Davis-Bacon Act’’), shall not apply to any
and development of, and education and out- velopment; and contract or subcontract supported, in whole
reach activities in, advanced automotive and (II) for which market development would or in part, by funds provided under this Act
commercial vehicle technologies; be aided by a demonstration project. or under the amendments made by this Act.
(iii) develop more effective processes for (B) REPORT.—Not later than 1 year after (b) PREVENTING OTHER PREVAILING WAGE
transferring research findings and tech- the date of enactment of this Act, the Sec- REQUIREMENTS.—This Act shall be applied
nologies to industry; retary shall submit to the appropriate com- without regard to subsection (g) of section
(iv) support public-private partnerships, mittees of Congress an initial report on the 1004 and paragraph (4) of section 1204(b) of
dedicated to overcoming barriers in commer- findings of the program described in subpara- this Act, and such subsection and paragraph
cial application of transformational vehicle graph (A), including recommendations for are deemed null, void, and of no effect.
technologies, that use such industry-led stationary energy storage and other poten-
technology development facilities of entities tial applications for batteries used in plug-in SA 1497. Mr. PAUL submitted an
with demonstrated expertise in successfully electric drive vehicles. amendment intended to be proposed to
designing and engineering pre-commercial (C) SECONDARY USE DEMONSTRATION.— amendment SA 1407 proposed by Ms.
generations of such transformational tech- (i) IN GENERAL.—Based on the results of the MURKOWSKI to the bill S. 2657, to sup-
nology; and program described in subparagraph (A), the
Secretary shall develop guidelines for
port innovation in advanced geo-
(v) promote efforts to ensure that tech- thermal research and development, and
nology research, development, engineering, projects that demonstrate the secondary
and commercial application activities funded uses and innovative recycling of vehicle bat- for other purposes; which was ordered
under this subtitle are carried out in the teries. to lie on the table; as follows:
United States. (ii) PUBLICATION OF GUIDELINES.—Not later At the end of subtitle D of title I, add the
(4) INTERAGENCY AND INTRAAGENCY COORDI- than 18 months after the date of enactment following:
NATION.—To the maximum extent prac- of this Act, the Secretary shall— SEC. 14ll. SALE OF COAL-FIRED ELECTRIC GEN-
ticable, the Secretary shall coordinate re- (I) publish the guidelines described in ERATING FACILITIES BY THE TEN-
search, development, demonstration, and clause (i); and NESSEE VALLEY AUTHORITY.
commercial application activities among— (II) solicit applications for funding for (a) IN GENERAL.—Before the Tennessee Val-
(A) relevant programs within the Depart- demonstration projects. ley Authority retires a coal-fired electric
ment, including— (iii) PILOT DEMONSTRATION PROGRAM.—Not generating facility, the Tennessee Valley
(i) the Office of Energy Efficiency and Re- later than 21 months after the date of enact- Authority shall—
newable Energy; ment of this Act, the Secretary shall select (1) offer the facility for sale; and
(ii) the Office of Science; proposals for grant funding under this sub- (2) sell the facility to the highest bidder,
(iii) the Office of Electricity Delivery and section, based on an assessment of which subject to the condition that the purchaser
Energy Reliability; proposals are mostly likely to contribute to shall agree to continue to operate the facil-
(iv) the Office of Fossil Energy; the development of a secondary market for ity for electric generation for not less than
(v) the Advanced Research Projects Agen- batteries. 10 years beginning on the date of the sale.
cy—Energy; and (b) MANUFACTURING.—The Secretary shall (b) REVERTER.—On the violation by a pur-
(vi) other offices as determined by the Sec- carry out a research, development, engineer- chaser of the condition described in sub-
retary; and ing, demonstration, and commercial applica- section (a)(2), the applicable facility shall re-
(B) relevant technology research and de- tion program of advanced vehicle manufac- vert to the Tennessee Valley Authority.
velopment programs within other Federal turing technologies and practices, including
agencies, as determined by the Secretary. innovative processes— SA 1498. Mrs. SHAHEEN submitted
(5) FEDERAL DEMONSTRATION OF TECH- (1) to increase the production rate and de- an amendment intended to be proposed
NOLOGIES.—The Secretary shall make infor- crease the cost of advanced battery and fuel to amendment SA 1407 proposed by Ms.
mation available to procurement programs cell manufacturing;
(2) to vary the capability of individual
MURKOWSKI to the bill S. 2657, to sup-
of Federal agencies regarding the potential port innovation in advanced geo-
to demonstrate technologies resulting from manufacturing facilities to accommodate
different battery chemistries and configura- thermal research and development, and
activities funded through programs under
this subtitle. tions; for other purposes; which was ordered
(6) INTERGOVERNMENTAL COORDINATION.— (3) to reduce waste streams, emissions, and to lie on the table; as follows:
The Secretary shall seek opportunities to le- energy intensity of vehicle, engine, advanced At the appropriate place, insert the fol-
verage resources and support initiatives of battery, and component manufacturing proc- lowing:
State and local governments in developing esses; SEC. llll. MODEL GUIDANCE FOR COMBINED
and promoting advanced vehicle tech- (4) to recycle and remanufacture used bat- HEAT AND POWER SYSTEMS AND
nologies, manufacturing, and infrastructure. teries and other vehicle components for WASTE HEAT TO POWER SYSTEMS.
(7) CRITERIA.—In awarding grants under reuse in vehicles or stationary applications; (a) DEFINITIONS.—In this section:
the program under this subsection, the Sec- (5) to develop manufacturing processes to (1) ADDITIONAL SERVICES.—The term ‘‘addi-
retary shall give priority to those tech- effectively fabricate, assemble, and produce tional services’’ means the provision of sup-
nologies (either individually or as part of a cost-effective lightweight materials such as plementary power, backup or standby power,
system) that— advanced aluminum and other metal alloys, maintenance power, or interruptible power
(A) provide the greatest aggregate fuel sav- polymeric composites, and carbon fiber for to an electric consumer by an electric util-
ings based on the reasonable projected sales use in vehicles; ity.
volumes of the technology; and (6) to produce lightweight high pressure (2) WASTE HEAT TO POWER SYSTEM.—
(B) provide the greatest increase in United storage systems for gaseous fuels; (A) IN GENERAL.—The term ‘‘waste heat to
States employment. (7) to design and manufacture purpose- power system’’ means a system that gen-
(8) SECONDARY USE APPLICATIONS.— built hydrogen fuel cell vehicles and compo- erates electricity through the recovery of
(A) IN GENERAL.—The Secretary shall carry nents; waste energy.
out a research, development, and demonstra- (8) to improve the calendar life and cycle (B) EXCLUSION.—The term ‘‘waste heat to
tion program that— life of advanced batteries; and power system’’ does not include a system
(i) builds on any work carried out under (9) to produce permanent magnets for ad- that generates electricity through the recov-
section 915 of the Energy Policy Act of 2005 vanced vehicles. ery of a heat resource from a process the pri-
(42 U.S.C. 16195); mary purpose of which is the generation of
(ii) identifies possible uses of a vehicle bat- SA 1496. Mr. LEE submitted an electricity using a fossil fuel.
tery after the useful life of the battery in a amendment intended to be proposed to (3) OTHER TERMS.—
vehicle has been exhausted; amendment SA 1407 proposed by Ms. (A) PURPA.—The terms ‘‘electric con-
(iii) conducts long-term testing to verify MURKOWSKI to the bill S. 2657, to sup- sumer’’, ‘‘electric utility’’, ‘‘interconnection
performance and degradation predictions and port innovation in advanced geo- service’’, and ‘‘State regulatory authority’’
lifetime valuations for secondary uses; thermal research and development, and have the meanings given those terms in the
(iv) evaluates innovative approaches to re- Public Utility Regulatory Policies Act of
for other purposes; which was ordered
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cycling materials from plug-in electric drive 1978 (16 U.S.C. 2601 et seq.), within the mean-
vehicles and the batteries used in plug-in to lie on the table; as follows: ing of title I of that Act (16 U.S.C. 2611 et
electric drive vehicles; After section 2, insert the following: seq.).
(v)(I) assesses the potential for markets for SEC. 3. NONAPPLICABILITY OF DAVIS-BACON (B) EPCA.—The terms ‘‘combined heat and
uses described in clause (ii) to develop; and ACT. power system’’ and ‘‘waste energy’’ have the
(II) identifies any barriers to the develop- (a) IN GENERAL.—Notwithstanding any meanings given those terms in section 371 of
ment of those markets; and other provision of law, the requirements of the Energy Policy and Conservation Act (42
(vi) identifies the potential uses of a vehi- subchapter IV of chapter 31 of title 40, U.S.C. 6341).
cle battery— United States Code (commonly known as the (b) REVIEW.—
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1491
(1) IN GENERAL.—Not later than 180 days amendment SA 1407 proposed by Ms. (iii) additional sources of information as
after the date of enactment of this Act, the MURKOWSKI to the bill S. 2657, to sup- determined by the Secretary.
Secretary, in consultation with the Federal port innovation in advanced geo- (B) REPORT REQUIREMENTS.—For the pur-
Energy Regulatory Commission and other poses of subparagraph (A), an energy effi-
thermal research and development, and
appropriate entities, shall review existing ciency report shall—
rules and procedures relating to interconnec- for other purposes; which was ordered
(i) estimate the expected energy cost sav-
tion service and additional services through- to lie on the table; as follows:
ings specific to the subject property, based
out the United States for electric generation At the appropriate place, insert the fol-
on specific information about the property;
with nameplate capacity up to 20 megawatts lowing:
(ii) be prepared in accordance with the
to identify barriers to the deployment of SEC. ll. ENHANCED ENERGY EFFICIENCY UN-
DERWRITING CRITERIA. guidelines to be issued under paragraph (1);
combined heat and power systems and waste
(a) DEFINITIONS.—In this section, the fol- and
heat to power systems.
lowing definitions shall apply: (iii) be prepared—
(2) INCLUSION.—The review under this sub-
section shall include a review of existing (1) ADMINISTRATION.—The term ‘‘Adminis- (I) in accordance with the Residential En-
rules and procedures relating to— tration’’ means the Federal Housing Admin- ergy Service Network’s Home Energy Rating
(A) determining and assigning costs of istration. System (commonly known as ‘‘HERS’’) by an
interconnection service and additional serv- (2) COVERED LOAN.—The term ‘‘covered individual certified by the Residential En-
ices; and loan’’ means a loan secured by a home that ergy Service Network, unless the Secretary
(B) ensuring adequate cost recovery by an is insured by the Administration under title finds that the use of HERS does not further
electric utility for interconnection service II of the National Housing Act (12 U.S.C. 1707 the purposes of this section;
and additional services. et seq.). (II) in accordance with the Alaska Housing
(c) MODEL GUIDANCE.— (3) HOMEOWNER.—The term ‘‘homeowner’’ Finance Corporation energy rating system
(1) IN GENERAL.—Not later than 18 months means the mortgagor under a covered loan. by an individual certified by the Alaska
after the date of enactment of this Act, the (4) MORTGAGEE.—The term ‘‘mortgagee’’ Housing Finance Corporation as an author-
Secretary, in consultation with the Federal means an original lender under a covered ized Energy Rater; or
Energy Regulatory Commission and other loan or the holder of a covered loan at the (III) by other methods approved by the
appropriate entities, shall issue model guid- time at which that mortgage transaction is Secretary, in consultation with the Sec-
ance for interconnection service and addi- consummated. retary of Energy and the advisory group es-
tional services for use by State regulatory (5) SECRETARY.—The term ‘‘Secretary’’ tablished under subsection (e)(3), for use
authorities to reduce the barriers identified means the Secretary of Housing and Urban under this section, which shall include a
under subsection (b)(1). Development.
third-party quality assurance procedure.
(2) CURRENT BEST PRACTICES.—The model (b) ENHANCED ENERGY EFFICIENCY UNDER-
WRITING CRITERIA.—
(4) USE BY APPRAISER.—If an energy effi-
guidance issued under this subsection shall ciency report is used under paragraph (2), the
reflect, to the maximum extent practicable, (1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Sec- energy efficiency report shall be provided to
current best practices to encourage the de-
retary shall, in consultation with the advi- the appraiser to estimate the energy effi-
ployment of combined heat and power sys-
sory group established under subsection ciency of the subject property and for poten-
tems and waste heat to power systems while
ensuring the safety and reliability of the (e)(3), develop and issue guidelines for the tial adjustments for energy efficiency.
interconnected units and the distribution Administration to implement enhanced loan (5) PRICING OF LOANS.—
and transmission networks to which the eligibility requirements, for use when test- (A) IN GENERAL.—The Administration may
units connect, including— ing the ability of a loan applicant to repay a price covered loans originated under the en-
(A) relevant current standards developed covered loan, that account for the expected hanced loan eligibility requirements re-
by the Institute of Electrical and Electronic energy cost savings for a loan applicant at a quired under this subsection in accordance
Engineers; and subject property, in the manner set forth in with the estimated risk of the loans.
(B) model codes and rules adopted by— paragraphs (2) and (3). (B) IMPOSITION OF CERTAIN MATERIAL COSTS,
(i) States; or (2) REQUIREMENTS TO ACCOUNT FOR ENERGY IMPEDIMENTS, OR PENALTIES.—In the absence
(ii) associations of State regulatory agen- COST SAVINGS.— of a publicly disclosed analysis that dem-
cies. (A) IN GENERAL.—The enhanced loan eligi- onstrates significant additional default risk
(3) FACTORS FOR CONSIDERATION.—In estab- bility requirements under paragraph (1) shall or prepayment risk associated with the
lishing the model guidance under this sub- require that, for all covered loans for which loans, the Administration shall not impose
section, the Secretary shall take into consid- an energy efficiency report is voluntarily material costs, impediments, or penalties on
eration— provided to the mortgagee by the home- covered loans merely because the loan uses
(A) the appropriateness of using standards owner, the Administration and the mort- an energy efficiency report or the enhanced
or procedures for interconnection service gagee shall take into consideration the esti- loan eligibility requirements required under
that vary based on unit size, fuel type, or mated energy cost savings expected for the this subsection.
other relevant characteristics; owner of the subject property in determining (6) LIMITATIONS.—
(B) the appropriateness of establishing whether the loan applicant has sufficient in- (A) IN GENERAL.—The Administration may
fast-track procedures for interconnection come to service the mortgage debt plus other price covered loans originated under the en-
service; regular expenses. hanced loan eligibility requirements re-
(C) the value of consistency with Federal (B) USE AS OFFSET.—To the extent that the quired under this subsection in accordance
interconnection rules established by the Fed- Administration uses a test such as a debt-to- with the estimated risk of those loans.
eral Energy Regulatory Commission as of income test that includes certain regular ex- (B) PROHIBITED ACTIONS.—The Administra-
the date of enactment of this Act; penses, such as hazard insurance and prop- tion shall not—
(D) the best practices used to model outage erty taxes— (i) modify existing underwriting criteria or
assumptions and contingencies to determine (i) the expected energy cost savings shall
adopt new underwriting criteria that inten-
fees or rates for additional services; be included as an offset to these expenses;
tionally negate or reduce the impact of the
(E) the appropriate duration, magnitude, and
requirements or resulting benefits that are
or usage of demand charge ratchets; (ii) the Administration may not use the
(F) potential alternative arrangements set forth or otherwise derived from the en-
offset described in clause (i) to qualify a loan
with respect to the procurement of addi- hanced loan eligibility requirements re-
applicant for insurance under title II of the
tional services, including— National Housing Act (12 U.S.C. 1707 et seq.) quired under this subsection; or
(i) contracts tailored to individual electric with respect to a loan that would not other- (ii) impose greater buy back requirements,
consumers for additional services; wise meet the requirements for such insur- credit overlays, or insurance requirements,
(ii) procurement of additional services by ance. including private mortgage insurance, on
an electric utility from a competitive mar- (C) TYPES OF ENERGY COSTS.—Energy costs covered loans merely because the loan uses
ket; and to be assessed under this paragraph shall in- an energy efficiency report or the enhanced
(iii) waivers of fees or rates for additional clude the cost of electricity, natural gas, oil, loan eligibility requirements required under
services for small electric consumers; and and any other fuel regularly used to supply this subsection.
(G) outcomes such as increased electric re- energy to the subject property. (7) APPLICABILITY AND IMPLEMENTATION
DATE.—Not later than 3 years after the date
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liability, fuel diversification, enhanced (3) DETERMINATION OF ESTIMATED ENERGY
power quality, and reduced electric losses COST SAVINGS.— of enactment of this Act, and before Decem-
that may result from increased use of com- (A) IN GENERAL.—The guidelines to be ber 31, 2023, the enhanced loan eligibility re-
bined heat and power systems and waste issued under paragraph (1) shall include in- quirements required under this subsection
heat to power systems. structions for the Administration to cal- shall be implemented by the Administration
culate estimated energy cost savings using— to—
SA 1499. Mr. BENNET (for himself (i) the energy efficiency report; (A) apply to any covered loan for the sale,
and Mr. PORTMAN) submitted an (ii) an estimate of baseline average energy or refinancing of any loan for the sale, of any
amendment intended to be proposed to costs; and home;
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S1492 CONGRESSIONAL RECORD — SENATE March 4, 2020
(B) be available on any residential real energy-saving improvements or features of a ergy efficiency appraisal guidelines and en-
property (including individual units of con- property, such as— hanced loan eligibility requirements;
dominiums and cooperatives) that qualifies ‘‘(A) labels or ratings of buildings; (2) includes the default rates and rates of
for a covered loan; and ‘‘(B) installed appliances, measures, sys- foreclosures for each category of loans; and
(C) provide prospective mortgagees with tems or technologies; (3) describes the risk premium, if any, that
sufficient guidance and applicable tools to ‘‘(C) blueprints; the Administration has priced into covered
implement the required underwriting meth- ‘‘(D) construction costs; loans for which there was an energy effi-
ods. ‘‘(E) financial or other incentives regard- ciency report.
(c) ENHANCED ENERGY EFFICIENCY UNDER- ing energy-efficient components and systems (e) RULEMAKING.—
WRITING VALUATION GUIDELINES.— installed in a property; (1) IN GENERAL.—The Secretary shall pre-
(1) IN GENERAL.—Not later than 1 year after ‘‘(F) utility bills; scribe regulations to carry out this section,
the date of enactment of this Act, the Sec- ‘‘(G) energy consumption and in consultation with the Secretary of Energy
retary shall— benchmarking data; and and the advisory group established in para-
(A) in consultation with the Federal Fi- ‘‘(H) third-party verifications or represen- graph (3), which may contain such classifica-
nancial Institutions Examination Council tations of energy and water efficiency per- tions, differentiations, or other provisions,
and the advisory group established under formance of a property, observing all finan- and may provide for such proper implemen-
subsection (e)(3), develop and issue guide- cial privacy requirements adhered to by cer- tation and appropriate treatment of different
lines for the Administration to determine tified and licensed appraisers, including sec- types of transactions, as the Secretary deter-
the maximum permitted loan amount based tion 501 of the Gramm-Leach-Bliley Act (15 mines are necessary or proper to effectuate
on the value of the property for all covered U.S.C. 6801). the purposes of this section, to prevent cir-
loans made on properties with an energy effi- Unless a property owner consents to a lend- cumvention or evasion thereof, or to facili-
ciency report that meets the requirements of er, an appraiser, in carrying out the require- tate compliance therewith.
subsection (b)(3)(B); and ments of paragraph (4), shall not have access (2) RULE OF CONSTRUCTION.—Nothing in this
(B) in consultation with the Secretary of to the commercial or financial information section shall be construed to authorize the
Energy, issue guidelines for the Administra- of the owner that is privileged or confiden- Secretary to require any homeowner or
tion to determine the estimated energy sav- tial.’’. other party to provide energy efficiency re-
ings under subsection (b) for properties with (5) TRANSACTIONS REQUIRING STATE CER- ports, energy efficiency labels, or other dis-
an energy efficiency report. TIFIED APPRAISERS.—Section 1113 of the Fi- closures to the Administration or to a mort-
(2) REQUIREMENTS.—The enhanced energy nancial Institutions Reform, Recovery, and gagee.
efficiency underwriting valuation guidelines Enforcement Act of 1989 (12 U.S.C. 3342) is (3) ADVISORY GROUP.—To assist in carrying
required under paragraph (1) shall include— amended— out this section, the Secretary shall estab-
(A) a requirement that if an energy effi- (A) in paragraph (1), by inserting before lish an advisory group, consisting of individ-
ciency report that meets the requirements of the semicolon the following: ‘‘, or any real uals representing the interests of—
subsection (b)(3)(B) is voluntarily provided property on which the appraiser makes ad- (A) mortgage lenders;
to the mortgagee, such report shall be used justments using an energy efficiency re- (B) appraisers;
by the mortgagee or the Administration to port’’; and (C) energy raters and residential energy
determine the estimated energy savings of (B) in paragraph (2), by inserting after be- consumption experts;
the subject property; and fore the period at the end the following: ‘‘, or (D) energy efficiency organizations;
(B) a requirement that the estimated en- an appraisal on which the appraiser makes (E) real estate agents;
ergy savings of the subject property be added adjustments using an energy efficiency re- (F) home builders and remodelers;
to the appraised value of the subject prop- port’’. (G) consumer advocates;
erty by a mortgagee or the Administration (6) PROTECTIONS.— (H) State energy officials; and
for the purpose of determining the loan-to- (A) AUTHORITY TO IMPOSE LIMITATIONS.— (I) others as determined by the Secretary.
value ratio of the subject property, unless The guidelines to be issued under paragraph (f) ADDITIONAL STUDY.—
the appraisal includes the value of the over- (1) shall include such limitations and condi- (1) IN GENERAL.—Not later than 18 months
all energy efficiency of the subject property, tions as determined by the Secretary to be after the date of enactment of this Act, the
using methods to be established under the necessary to protect against meaningful Secretary shall reconvene the advisory group
guidelines issued under paragraph (1). under or over valuation of energy cost sav- established under subsection (e)(3), in addi-
(3) DETERMINATION OF ESTIMATED ENERGY ings or duplicative counting of energy effi- tion to water and locational efficiency ex-
SAVINGS.— ciency features or energy cost savings in the perts, to advise the Secretary on the imple-
(A) AMOUNT OF ENERGY SAVINGS.—The valuation of any subject property that is mentation of the enhanced energy efficiency
amount of estimated energy savings shall be used to determine a loan amount. underwriting criteria established under sub-
determined by calculating the difference be- (B) ADDITIONAL AUTHORITY.—At the end of sections (b) and (c).
tween the estimated energy costs for the av- the 7-year period following the implementa- (2) RECOMMENDATIONS.—The advisory group
erage comparable houses, as determined in tion of enhanced eligibility and underwriting established in subsection (e)(3) shall provide
guidelines to be issued under paragraph (1), valuation requirements under this sub- recommendations to the Secretary on any
and the estimated energy costs for the sub- section, the Secretary may modify or apply revisions or additions to the enhanced en-
ject property based upon the energy effi- additional exceptions to the approach de- ergy efficiency underwriting criteria deemed
ciency report. scribed in paragraph (2), where the Secretary necessary by the group, which may include
(B) DURATION OF ENERGY SAVINGS.—The du- finds that the unadjusted appraisal will re- alternate methods to better account for
ration of the estimated energy savings shall flect an accurate market value of the effi- home energy costs and additional factors to
be based upon the estimated life of the appli- ciency of the subject property or that a account for substantial and regular costs of
cable equipment, consistent with the rating modified approach will better reflect an ac- homeownership such as location-based trans-
system used to produce the energy efficiency curate market value. portation costs and water costs. The Sec-
report. (7) APPLICABILITY AND IMPLEMENTATION retary shall forward any legislative rec-
(C) PRESENT VALUE OF ENERGY SAVINGS.— DATE.—Not later than 3 years after the date ommendations from the advisory group to
The present value of the future savings shall of enactment of this Act, and before Decem- Congress for its consideration.
be discounted using the average interest rate ber 31, 2023, the Administration shall imple-
on conventional 30-year mortgages, in the ment the guidelines required under this sub- SA 1500. Mrs. SHAHEEN submitted
manner directed by guidelines issued under section, which shall— an amendment intended to be proposed
paragraph (1). (A) apply to any covered loan for the sale, to amendment SA 1407 proposed by Ms.
(4) ENSURING CONSIDERATION OF ENERGY EF- or refinancing of any loan for the sale, of any MURKOWSKI to the bill S. 2657, to sup-
FICIENT FEATURES.—Section 1110 of the Fi- home; and
port innovation in advanced geo-
nancial Institutions Reform, Recovery, and (B) be available on any residential real
property, including individual units of con- thermal research and development, and
Enforcement Act of 1989 (12 U.S.C. 3339) is
dominiums and cooperatives, that qualifies for other purposes; which was ordered
amended—
(A) in paragraph (2), by striking ‘‘; and’’ at for a covered loan. to lie on the table; as follows:
the end; (d) MONITORING.—Not later than 1 year At the appropriate place, insert the fol-
lowing:
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(B) in paragraph (3), by striking the period after the date on which the enhanced eligi-
at the end and inserting ‘‘; and’’; and bility and underwriting valuation require- SEC. ll. SMALL BUSINESS ENERGY EFFICIENCY.
(C) by inserting after paragraph (3) the fol- ments are implemented under this sub- (a) FINDINGS.—Congress finds the fol-
lowing: section, and every year thereafter, the Ad- lowing:
‘‘(4) that State certified and licensed ap- ministration shall issue and make available (1) According to the Small Business Ad-
praisers have timely access, whenever prac- to the public a report that— ministration, small businesses account for
ticable, to information from the property (1) enumerates the number of covered loans 99.7 percent of United States employer firms
owner and the lender that may be relevant in of the Administration for which there was an and employ approximately half of all pri-
developing an opinion of value regarding the energy efficiency report, and that used en- vate-sector employees in the United States.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1493
(2) A 2012 report from the National Federa- (c) CERTIFIED DEVELOPMENT COMPANY AND (F) Federal agency action can encourage
tion of Independent Businesses found that LOAN UNDERWRITING REFORM.— on-bill financing programs and maximize
energy costs are— (1) INCREASED LOAN AMOUNTS UNDER THE 504/ their impact on the small business sector.
(A) the third most serious problem for CDC PROGRAM.—Section 502(2) of the Small (2) REQUIREMENT.—The Administrator shall
small business owners; and Business Investment Act of 1958 (15 U.S.C. carry out efforts to advance the availability
(B) one of the top 3 business expenses in 35 696(2)) is amended by adding at the end the and utilization of utility-based financing
percent of small businesses; following: programs for energy efficiency improve-
(3) Investments in energy efficiency en- ‘‘(C) LOANS FOR ENERGY EFFICIENCY SAV- ments among small business entities.
hance energy savings and improve the com- INGS.— (3) CREATION OF A STAKEHOLDER WORKING
petitiveness, profitability, production, prod- ‘‘(i) IN GENERAL.—The Administration may GROUP.—
uct quality, and environmental sustain- make loans under this section to a borrower (A) IN GENERAL.—In carrying out the ef-
ability of United States businesses and man- in an amount greater than the maximum forts under paragraph (2), and not later than
ufacturers; amount under subparagraph (A)(i) if the loan 180 days after the date of enactment of this
(4) According to the Department of Energy, proceeds are directed toward a project that Act, the Administrator shall convene a
small buildings— results in energy savings for a small business working group (in this paragraph referred to
(A) are predominantly occupied by small concern as a result of the installation or im- as the ‘‘Group’’) to address barriers that
business entities; plementation of energy efficiency improve- limit energy efficiency improvements among
(B) consume 44 percent of the overall en- ments. small business concerns.
ergy use in buildings in the United States; ‘‘(ii) AMOUNT.—The Administration may (B) PURPOSE.—The purpose of the Group is
and increase the maximum amount under sub- to provide guidance on how to—
(C) present an estimated potential energy paragraph (A)(i) for a small business concern (i) address the market barriers for small
savings equal to 1,070,000,000,000,000 Btu of by not more than the amount equal to the business concerns described in subsection
energy savings or $30,000,000,000 in cost sav- anticipated increased income or resources (a)(5) and the challenges to utilities listed in
ings per year. due to energy savings from the project.’’. paragraph (1)(D) that limit widespread adop-
(5) Market barriers exist to the widespread (2) GUIDANCE FOR LOAN UNDERWRITING.—Not tion of on-bill financing programs;
adoption of energy efficiency technologies later than 180 days after the date of enact- (ii) develop Federal incentives or other
and practices among small businesses, in- ment of this Act, the Administrator shall mechanisms that encourage utility-based fi-
cluding a lack of— issue guidance requiring covered lenders to nancing programs that target small business
(A) expertise about energy and the oppor- incorporate energy efficiency considerations concerns; and
tunities to reduce costs through energy effi- and life-cycle cost savings into the under- (iii) encourage coordination between lend-
ciency measures; writing process for loans provided under title ers and utilities regarding existing incentive
(B) internal capacity to develop and imple- V of the Small Business Investment Act of programs for small business concerns and po-
ment energy efficiency projects; and 1958 (15 U.S.C. 695 et seq.) and section 7(a) of tential sources of energy efficiency financ-
(C) capital or access to incentives and af- the Small Business Act (15 U.S.C. 636(a)). ing.
(3) EXISTING FEDERAL PROGRAMS.—Nothing (C) MEMBERSHIP.—
fordable financing for energy retrofits.
in this subsection or the amendments made (i) IN GENERAL.—The Group shall be com-
(6) Addressing the barriers described in
by this subsection shall be construed to re- posed of representatives of all groups deter-
paragraph (5) is in the interest of the United
strict or otherwise affect efforts of the Fed- mined by the Administrator to have a mate-
States.
eral Government in existence on the day be- rial interest in the development and imple-
(7) The United States would benefit from a
fore the date of enactment of this Act that mentation of on-bill financing programs that
concerted and focused effort to advance the
would expand financing opportunities for target small business concerns.
adoption of energy efficiency technologies
small business concerns. (ii) CRITERIA.—The Administrator shall se-
and practices among small businesses, which (d) WORKING GROUP AND UTILITY-LENDER lect members of the Group—
will facilitate greater economic growth in FINANCING INCENTIVE PILOT PROGRAM.— (I) from among representatives that apply
this sector. (1) FINDINGS.—Congress finds the following: as a result of a public announcement from
(b) DEFINITIONS.—In this section— (A) Small businesses account for more the Administrator; and
(1) the terms ‘‘Administration’’ and ‘‘Ad- than 90 percent of utility commercial cus- (II) based on qualifications and balance of
ministrator’’ mean the Small Business Ad- tomers and nearly half of all commercial interests represented by the selected individ-
ministration and the Administrator thereof; electricity usage. uals.
(2) the term ‘‘covered lender’’ means— (B) According to the National Small Busi- (D) DUTIES.—The Group shall provide rec-
(A) a development company (as defined in ness Association, small businesses, particu- ommendations to the Administrator for ac-
section 103 of the Small Business Investment larly those with fewer than 35 employees in tions that should be taken to carry out the
Act of 1958 (15 U.S.C. 662)) that is eligible to the manufacturing sector, pay 35 percent efforts under paragraph (2).
participate in the program established under more per unit for their electricity than com- (E) REPORT.—Not later than 2 years after
title V of such Act (15 U.S.C. 695 et seq.); and parable larger firms. the date of enactment of this Act, the Ad-
(B) a lender under section 7(a) of the Small (C) Utility-administered energy efficiency ministrator shall prepare and submit to Con-
Business Act (15 U.S.C. 636(a)); programs, including on-bill financing— gress a publicly available report based on the
(3) the term ‘‘energy efficiency’’ means a (i) reduce or eliminate the first costs for recommendations of the Group under sub-
decrease in consumption of energy (including energy efficiency improvements; paragraph (D).
electricity and thermal energy) that pro- (ii) leverage existing billing relationships (F) AUTHORIZATION OF APPROPRIATIONS.—
duces significant energy savings and is between consumers and utilities; There are authorized to be appropriated such
achieved without reducing the quality of en- (iii) can be tied to a property so that en- sums as may be necessary to carry out this
ergy services through— ergy savings are transferred to multiple own- subsection, but not more than $2,000,000 in
(A) a measure or program that targets cus- ers or tenants; any 1 fiscal year.
tomer behavior; (iv) incur low default rates ranging from 0 (4) PILOT PROGRAM.—
(B) appliances, equipment, or energy sys- to 3 percent; and (A) IN GENERAL.—Based on the findings in
tems; (v) have been implemented in 23 States. the report submitted under paragraph (3)(E)
(C) fixtures; or (D) Utilities have encountered challenges and not later than 3 years after the date of
(D) other devices; to the widespread adoption of on-bill financ- enactment of this Act, the Administrator
(4) the term ‘‘energy efficiency improve- ing programs among small businesses, in- shall establish a pilot program to encourage
ment’’ means any project or activity the pri- cluding— the availability and utilization of on-bill fi-
mary purpose of which is increasing energy (i) modification of utility billing systems nancing for small business concerns.
efficiency; in order to provide on-bill financing options (B) ELIGIBLE ENTITIES.—Any individual en-
(5) the term ‘‘energy savings’’ means a re- to customers; tity or group of entities may submit to the
duction in net energy costs (including elec- (ii) desire among utilities to act as a finan- Administrator proposals for demonstration
tricity and thermal energy), fuel costs, water cial institution; projects to be carried out under the pilot
costs, other utility costs, or related net oper- (iii) insufficient human resources to navi- program established under subparagraph (A),
ating costs from or as compared to an estab- gate or comply with Federal and State regu- including—
lished baseline of those costs; latory reporting requirements involved with (i) State and local agencies;
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(6) the term ‘‘on-bill financing’’ means a fi- the implementation of on-bill financing pro- (ii) electric and gas utilities;
nancial product that is serviced by, or in grams; and (iii) electric cooperatives;
partnership with, a utility company for en- (iv) risk of non-payment and challenges as- (iv) municipal utilities; or
ergy efficiency improvements in a building, sociated with non-payment penalties for cus- (v) covered lenders.
and repaid by the building owner or tenant tomers. (C) APPLICATION.—
on his or her monthly utility bill; and (E) Because of the challenges for utilities (i) IN GENERAL.—An eligible entity de-
(7) the term ‘‘small business concern’’ has described in subparagraph (D), participation scribed in subparagraph (B) that desires to
the meaning given the term in section 3 of rates for on-bill financing programs among participate in the pilot program established
the Small Business Act (15 U.S.C. 632). small businesses are generally low. under subparagraph (A) shall submit to the
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S1494 CONGRESSIONAL RECORD — SENATE March 4, 2020
Administrator an application at such time, (2) SMALL BUSINESS ENERGY BEST PRACTICES ‘‘(4) assess and monitor potential changes
in such manner, and containing such infor- PROGRAM.—The Administrator shall require in lifecycle greenhouse gas emissions that
mation as the Administrator may require. each regional office of the Administration may result from the use of technologies de-
(ii) CRITERIA.—The Administrator shall to— veloped under the program.’’.
evaluate an application submitted under (A) compile comprehensive clearinghouses (b) TECHNICAL AMENDMENT.—The table of
clause (i) on the basis of merit using criteria of energy efficiency resources for small busi- contents for the Energy Policy Act of 2005
identified by the Administrator, including— ness concerns; and (Public Law 109–58; 119 Stat. 600) (as amended
(I) demonstrated support from lenders that (B) disseminate those clearinghouses, in by section 1405(b)) is amended by adding at
offer financing to small business concerns in the applicable geographic region, to— the end of the items relating to subtitle F of
the State or region; (i) mentors and coaches of the Service title IX the following:
(II) demonstrated support from utilities, Corps of Retired Executives authorized under ‘‘Sec. 969B. Waste gas utilization.’’.
electric cooperatives, or municipal utilities section 8(b)(1)(B) of the Small Business Act
in the State or region; and (15 U.S.C. 637(b)(1)(B)); SA 1502. Mr. BRAUN (for himself and
(III) availability of existing financing pro- (ii) small business concerns; and Mr. YOUNG) submitted an amendment
grams for small business concerns and util- (iii) covered lenders. intended to be proposed to amendment
ity incentive programs in the State or re- (3) LOAN PERFORMANCE DATA TO ENCOURAGE SA 1407 proposed by Ms. MURKOWSKI to
gion. ENERGY EFFICIENCY OPPORTUNITIES.—Not
the bill S. 2657, to support innovation
(D) BEST PRACTICES.—In carrying out the later than 1 year after the date of enactment
pilot program established under subpara- of this Act, the Administrator shall submit in advanced geothermal research and
graph (A), the Administrator shall establish to Congress a report on establishing a frame- development, and for other purposes;
best practices for the establishment and work for standardizing and aggregating for which was ordered to lie on the table;
maintenance of relationships between lend- securitization and data collection loan per- as follows:
ers and utility companies to expand access formance information that may be used by Beginning on page 274, strike line 23 and
to financing for energy efficiency measures. lenders to increase or expand energy effi- all that follows through page 275, line 8, and
(E) REPORT.—Not later than 1 year after ciency financing opportunities from small insert the following:
the date on which the pilot program is estab- business concerns. ‘‘(2) HYDROGEN CONVERSION PROGRAM.—Not
lished under subparagraph (A), and each year (f) ENERGY EFFICIENCY AWARDS.— later than 180 days after the date of enact-
thereafter for 4 years, the Administrator (1) ENERGY EFFICIENCY LEADERSHIP ment of this section, the Secretary shall es-
shall submit to Congress a report on the effi- AWARD.—The Administrator shall establish tablish a demonstration program for the pur-
cacy of the pilot program in establishing an award entitled the ‘‘Small Business pose of partnering with private institutions
connections between utility companies that Award for Energy Efficiency Leadership’’, to accelerate the commercial deployment of
offer energy efficiency incentives to small which shall be awarded annually to a small technology to convert solids with high car-
business concerns and lenders that offer fi- business concern that makes extraordinary bon content, including coal or petroleum
nancing to small business concerns. efforts or significant investments in energy coke, to hydrogen and hydrogen products.
(F) TERMINATION.—The pilot program es- efficiency. ‘‘(3) COST SHARING.—Activities under para-
tablished under subparagraph (A) shall ter- (2) CROSS-ENDORSEMENT OF ENERGY EFFI- graphs (1) and (2) shall be subject to the cost-
minate on the date that is 5 years after the CIENCY AWARDS.—The Administrator, in con- sharing requirements of section 988.
date on which the Administrator establishes sultation with the Secretary of Energy and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
the pilot program. the Administrator of the Environmental ‘‘(1) IN GENERAL.—There are authorized to
(G) AUTHORIZATION OF APPROPRIATIONS.— Protection Agency, shall establish a small be appropriated to the Secretary to carry
There are authorized to be appropriated such business-focused version of existing recogni- out this section (other than subsection
sums as may be necessary to carry out this tion programs at the Department of Energy (b)(2))—
subsection, but not more than $5,000,000 in and the Environmental Protection Agency, ‘‘(A) $29,000,000 for fiscal year 2021;
any 1 fiscal year. to identify, acknowledge, and better encour- ‘‘(B) $30,250,000 for fiscal year 2022;
(5) COORDINATION WITH STATE PROGRAMS.— age energy efficiency among small business ‘‘(C) $31,562,500 for fiscal year 2023;
In establishing and implementing this sub- concerns. ‘‘(D) $32,940,625 for fiscal year 2024; and
section, the Administrator shall, to the max- ‘‘(E) $34,387,656 for fiscal year 2025.
imum extent practicable, preserve the integ- SA 1501. Mr. YOUNG (for himself and ‘‘(2) HYDROGEN CONVERSION PROGRAM.—
rity and incorporate best practices of State Mr. BRAUN) submitted an amendment There are authorized to be appropriated to
on-bill financing programs in existence on intended to be proposed to amendment the Secretary to carry out subsection (b)(2)—
the day before the date of enactment of this SA 1407 proposed by Ms. MURKOWSKI to ‘‘(A) $105,400,000 for fiscal year 2021;
Act. the bill S. 2657, to support innovation ‘‘(B) $50,650,000 for fiscal year 2022; and
(e) MENTORING AND BEST PRACTICE PRO- ‘‘(C) $55,125,000 for fiscal year 2023.’’.
in advanced geothermal research and
GRAMS.—
development, and for other purposes; SA 1503. Mr. BRAUN submitted an
(1) ENERGY MANAGEMENT MENTORING PRO-
GRAM.—Section 8 of the Small Business Act
which was ordered to lie on the table; amendment intended to be proposed to
(15 U.S.C. 637) is amended by striking sub- as follows: amendment SA 1407 proposed by Ms.
section (c) and inserting the following: At the end of subtitle D of title I, add the MURKOWSKI to the bill S. 2657, to sup-
‘‘(c) ENERGY EFFICIENCY MANAGEMENT AND following: port innovation in advanced geo-
FINANCING IN SCORE PROGRAM.— SEC. 14lll. WASTE GAS UTILIZATION.
thermal research and development, and
‘‘(1) DEFINITION.—In this subsection, the (a) IN GENERAL.—Subtitle F of title IX of
for other purposes; which was ordered
term ‘SCORE program’ means the Service the Energy Policy Act of 2005 (42 U.S.C. 16291
Corps of Retired Executives authorized under et seq.) (as amended by section 1405(a)) is to lie on the table; as follows:
subsection (b)(1)(B). amended by adding at the end the following: At the end, add the following:
‘‘(2) VOLUNTEERS.—Under the SCORE pro- ‘‘SEC. 969B. WASTE GAS UTILIZATION. TITLE IV—MISCELLANEOUS
gram, the Administrator shall recruit volun- ‘‘(a) IN GENERAL.—The Secretary shall SEC. 4001. BUREAU OF LAND MANAGEMENT LAND
teers with expertise in energy management, carry out a program of research, develop- ACQUISITION DATA.
to be known as ‘energy coaches’, who shall ment, and demonstration for waste gas utili- The Secretary of the Interior (acting
work on-site directly with small business zation. through the Director of the Bureau of Land
concerns to provide assistance relating to ‘‘(b) COMPONENTS.—In carrying out the pro- Management) shall—
energy efficiency and energy management gram under subsection (a), the Secretary (1) collect centralized data on land ac-
for a specified period of time. shall— quired for administration by the Bureau of
‘‘(3) CLEARINGHOUSES OF ENERGY EFFICIENCY ‘‘(1) identify and evaluate new uses for Land Management using amounts from the
INCENTIVES AND FINANCING RESOURCES.—The light hydrocarbons, such as methane, eth- Land and Water Conservation Fund estab-
Administrator shall— ane, propane, butane, pentane, and hexane, lished under section 200302 of title 54, United
‘‘(A) compile clearinghouses of grant, re- produced during oil and shale gas produc- States Code, including data on—
bate, and financing programs, with an em- tion, including the production of chemicals (A) the method used for the acquisition;
phasis on programs that use utility on-bill or transportation fuels; and
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financing and recovery and other energy effi- ‘‘(2) develop advanced gas conversion tech- (B) the type of interest acquired;
ciency incentives, offered by States, quasi- nologies that— (2) not later than 1 year after the date of
State entities, local governments, and util- ‘‘(A) are modular and compact; and enactment of this Act, and annually there-
ity companies; and ‘‘(B) may leverage advanced manufac- after, submit to Congress a report describing
‘‘(B) train energy coaches described in turing technologies; the information collected under paragraph
paragraph (2) to match small business con- ‘‘(3) support demonstration activities at (1); and
cerns with the programs described in sub- operating oil and gas facilities to test the (3) develop guidance to ensure that land ac-
paragraph (A) and provide advice in applying performance and cost-effectiveness of new quisition data collected under paragraph (1)
for assistance from those programs.’’. gas conversion technologies; and is entered correctly and properly coded in
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1495
the data system of the Bureau of Land Man- products and equipment in the United stitutes an importation within the meaning
agement. States; of the customs laws of the United States.
(D) the new markets for fluorinated prod- (7) PRODUCE.—
SA 1504. Mr. KENNEDY (for himself, ucts and equipment created by this section (A) IN GENERAL.—The term ‘‘produce’’
Mr. CARPER, Mr. CASSIDY, Mr. COONS, are expected to increase the share of the means the manufacture of a regulated sub-
Ms. COLLINS, Mr. WHITEHOUSE, Mr. United States of the global fluorocarbon stance from a raw material or feedstock
YOUNG, Mrs. FEINSTEIN, Mr. MORAN, product and equipment market by 25 percent chemical (but not including the destruction
Mr. SCHATZ, Mr. GRAHAM, Mr. BOOKER, (to 9 percent from 7.2 percent); and of a regulated substance by a technology ap-
Ms. ERNST, Mr. MERKLEY, Mr. COTTON, (E) this section incentivizes the invest- proved by the Administrator).
ment of approximately $5,000,000,000 in the (B) EXCLUSIONS.—The term ‘‘produce’’ does
Mr. VAN HOLLEN, Mr. GRASSLEY, Mr.
United States through fiscal year 2025 to ex- not include—
MARKEY, Mr. BOOZMAN, Mr. JONES, Mr. ploit the new markets for fluorinated prod- (i) the manufacture of a regulated sub-
BLUNT, Mr. BLUMENTHAL, Mr. PERDUE, ucts and equipment created by this section. stance that is used and entirely consumed
Mr. HEINRICH, Mrs. HYDE-SMITH, Mr. (2) SENSE OF CONGRESS.—It is the sense of (except for trace quantities) in the manufac-
CARDIN, Mr. BURR, Mr. MURPHY, and Congress that the Administrator should pro- ture of another chemical; or
Mr. KING) submitted an amendment in- vide for a safe hydrofluorocarbon transition (ii) the reuse or recycling of a regulated
tended to be proposed to amendment by ensuring that heating, ventilation, air substance.
SA 1407 proposed by Ms. MURKOWSKI to conditioning, and refrigeration practitioners (8) PRODUCTION BASELINE.—The term ‘‘pro-
the bill S. 2657, to support innovation are positioned to comply with safe servicing, duction baseline’’ means the baseline estab-
in advanced geothermal research and repair, disposal, or installation procedures. lished for the production of regulated sub-
(b) DEFINITIONS.—In this section: stances under subsection (e)(1)(B).
development, and for other purposes;
(1) ADMINISTRATOR.—The term ‘‘Adminis- (9) RECLAIM.—The term ‘‘reclaim’’ means—
which was ordered to lie on the table; trator’’ means the Administrator of the En-
as follows: (A) the reprocessing of a recovered regu-
vironmental Protection Agency. lated substance to at least the purity de-
At the appropriate place, insert the fol- (2) ALLOWANCE.—The term ‘‘allowance’’ scribed in standard 700–2016 of the Air-Condi-
lowing: means a limited authorization for the pro- tioning, Heating, and Refrigeration Institute
SEC. lll. AMERICAN INNOVATION AND MANU- duction or consumption of a regulated sub- (or an appropriate successor standard adopt-
FACTURING. stance established under subsection (e). ed by the Administrator); and
(a) FINDINGS; SENSE OF CONGRESS.— (3) CONSUMPTION.—The term ‘‘consump- (B) the verification of the purity of that
(1) FINDINGS.—Congress finds that— tion’’, with respect to a regulated substance, regulated substance using, at a minimum,
(A) industries in the United States that means a quantity equal to the difference be- the analytical methodology described in the
use and produce fluorocarbons— tween— standard referred to in subparagraph (A).
(i) contribute more than $158,000,000,000 an- (A) a quantity equal to the sum of— (10) RECOVER.—The term ‘‘recover’’ means
nually in goods and services to the economy (i) the quantity of that regulated sub- the process by which a regulated substance
of the United States; and stance produced in the United States; and is—
(ii) provide employment to more than (ii) the quantity of the regulated substance (A) removed, in any condition, from equip-
700,000 individuals, with an industry-wide imported into the United States; and ment; and
payroll of more than $32,000,000,000; (B) the quantity of the regulated substance
(B) stored in an external container, with or
(B) the support and promotion of the tech- exported from the United States.
without testing or processing the regulated
nological leadership of the United States in (4) CONSUMPTION BASELINE.—The term
substance.
fluorocarbon production and related prod- ‘‘consumption baseline’’ means the baseline
(11) REGULATED SUBSTANCE.—The term
ucts, equipment, and other uses provided by established for the consumption of regulated
‘‘regulated substance’’ means—
this section is expected— substances under subsection (e)(1)(C).
(A) a substance listed in the table con-
(i) to create approximately 33,000 new man- (5) EXCHANGE VALUE.—The term ‘‘exchange
tained in subsection (c)(1); and
ufacturing jobs in the United States; and value’’ means the value assigned to a regu-
(B) a substance included as a regulated
(ii) to add approximately $12,500,000,000 per lated substance in accordance with sub-
substance by the Administrator under sub-
year to the economy of the United States; sections (c) and (e), as applicable.
section (c)(3).
(C) supporting and promoting the techno- (6) IMPORT.—The term ‘‘import’’ means to
logical leadership of the United States in flu- land on, bring into, or introduce into, or at- (c) LISTING OF REGULATED SUBSTANCES.—
orocarbon production and related products, tempt to land on, bring into, or introduce (1) LIST OF REGULATED SUBSTANCES.—Each
equipment, and other uses also creates a sig- into, any place subject to the jurisdiction of of the following substances, and any isomers
nificant new export advantage for manufac- the United States, regardless of whether that of such a substance, shall be a regulated sub-
turers of fluorinated compounds and related landing, bringing, or introduction con- stance:
Exchange
Chemical Name Common Name Value
CHF2CHF2 HFC–134 1100
CH2FCF3 HFC–134a 1430
CH2FCHF2 HFC–143 353
CHF2CH2CF3 HFC–245fa 1030
CF3CH2CF2CH3 HFC–365mfc 794
CF3CHFCF3 HFC–227ea 3220
CH2FCF2CF3 HFC–236cb 1340
CHF2CHFCF3 HFC–236ea 1370
CF3CH2CF3 HFC–236fa 9810
CH2FCF2CHF2 HFC–245ca 693
CF3CHFCHFCF2CF3 HFC–43–10mee 1640
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CH2F2 HFC–32 675
CHF2CF3 HFC–125 3500
CH3CF3 HFC–143a 4470
CH3F HFC–41 92
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S1496 CONGRESSIONAL RECORD — SENATE March 4, 2020
Exchange
Chemical Name Common Name Value
CH2FCH2F HFC–152 53
CH3CHF2 HFC–152a 124
CHF3 HFC–23 14800.
(2) REVIEW.—The Administrator may— regulated substance shall submit to the Ad- (i) a production baseline for the production
(A) review the exchange values listed in ministrator a report that describes, as appli- of all regulated substances in the United
the table contained in paragraph (1) on a cable, the quantity of the regulated sub- States, as described in subpagraph (B)); and
periodic basis; and stance that the person— (ii) a consumption baseline for the con-
(B) subject to notice and opportunity for (i) produced, imported, and exported; sumption of all regulated substances in the
public comment, adjust the exchange values (ii) reclaimed; United States, as described in subparagraph
solely on the basis of— (iii) destroyed by a technology approved by (C).
(i) publicly available, peer-reviewed sci- the Administrator; (B) PRODUCTION BASELINE DESCRIBED.—The
entific data; and (iv) used and entirely consumed (except for production baseline referred to in subpara-
(ii) other information consistent with trace quantities) in the manufacture of an-
widely used or commonly accepted existing graph (A)(i) is the quantity equal to the sum
other chemical; or
exchange values. of—
(v) used as a process agent.
(3) OTHER REGULATED SUBSTANCES.— (i) the average annual quantity of all regu-
(B) REQUIREMENTS.—
(A) IN GENERAL.—Subject to notice and op- (i) SIGNED AND ATTESTED.—The report lated substances produced in the United
portunity for public comment, the Adminis- under subparagraph (A) shall be signed and States during the period—
trator may designate a substance not in- attested by a responsible officer (within the (I) beginning on January 1, 2011; and
cluded in the table contained in paragraph meaning of the Clean Air Act (42 U.S.C. 7401 (II) ending on December 31, 2013; and
(1) as a regulated substance if— et seq.)). (ii) the quantity equal to the sum of—
(i) the substance— (ii) NO FURTHER REPORTS REQUIRED.—A re- (I) 15 percent of the production level of
(I) is a chemical substance that is a satu- port under subparagraph (A) shall not be re- hydrochlorofluorocarbons in calendar year
rated hydrofluorocarbon; and quired from a person if the person— 1989; and
(II) has an exchange value, as determined (I) permanently ceases production, impor- (II) 0.42 percent of the production level of
by the Administrator in accordance with the tation, exportation, destruction, trans- chlorofluorocarbons in calendar year 1989.
basis described in paragraph (2)(B), of great- formation, use as a process agent, or rec- (C) CONSUMPTION BASELINE DESCRIBED.—The
er than 53; and lamation of all regulated substances; and consumption baseline referred to in subpara-
(ii) the designation of the substance as a (II) notifies the Administrator in writing graph (A)(ii) is the quantity equal to the sum
regulated substance would be consistent that the requirement under subclause (I) has
with the purposes of this section. of—
been met. (i) the average annual quantity of all regu-
(B) SAVINGS PROVISION.—Nothing in this (iii) BASELINE PERIOD.—Each report under
paragraph authorizes the Administrator to lated substances consumed in the United
subparagraph (A) shall include, as applica- States during the period—
designate as a regulated substance a blend of ble, the information described in that sub-
substances that includes a saturated (I) beginning on January 1, 2011; and
paragraph for the baseline period of calendar
hydrofluorocarbon for purposes of phasing (II) ending on December 31, 2013; and
years 2011 through 2013.
down production or consumption of regu- (ii) the quantity equal to the sum of—
(2) COORDINATION.—The Administrator may
lated substances under subsection (e), even if allow any person subject to the requirements (I) 15 percent of the consumption level of
the saturated hydrofluorocarbon is, or may of paragraph (1)(A) to combine and include hydrochlorofluorocarbons in calendar year
be, designated as a regulated substance. 1989; and
the information required to be reported
(d) MONITORING AND REPORTING REQUIRE- (II) 0.42 percent of the consumption level of
MENTS.—
under that paragraph with any other related
information that the person is required to chlorofluorocarbons in calendar year 1989.
(1) PRODUCTION, IMPORT, AND EXPORT LEVEL
report to the Administrator. (D) EXCHANGE VALUES.—
REPORTS.—
(e) PHASE-DOWN OF PRODUCTION AND CON- (i) IN GENERAL.—For purposes of subpara-
(A) IN GENERAL.—On a periodic basis, to be
determined by the Administrator, but not SUMPTION OF REGULATED SUBSTANCES.—
graphs (B) and (C), the Administrator shall
less frequently than annually, each person (1) BASELINES.— use the following exchange values for
who, within the applicable reporting period, (A) IN GENERAL.—Subject to subparagraph hydrochlorofluorocarbons and
produces, imports, exports, destroys, trans- (D), the Administrator shall establish for the chlorofluorocarbons:
forms, uses as a process agent, or reclaims a phase-down of regulated substances—
Table 2
Exchange
Chemical Name Common Name Value
CHFC12 HCFC–21 151
CHF2C1 HCFC–22 1810
C2HF3C12 HCFC–123 77
C2HF4C1 HCFC–124 609
CH3CFC12 HCFC–141b 725
CH3CF2C1 HCFC–142b 2310
CF3CF2CHC12 HCFC–225ca 122
CF2C1CF2CHC1F HCFC–225cb 595
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Table 3
Exchange
Chemical Name Common Name Value
CFC13 CFC–11 4750
CF2C12 CFC–12 10900
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1497
Table 3
Exchange
Chemical Name Common Name Value
C2F3C13 CFC–113 6130
C2F4C12 CFC–114 10000
C2F5C1 CFC–115 7370
(ii) REVIEW.—The Administrator may— (A) IN GENERAL.—During the period begin- (B) COMPLIANCE.—For each year listed on
(I) review the exchange values listed in the ning on January 1 of each year listed in the the table contained in subparagraph (C), the
tables contained in paragraph (1) on a peri- table contained in subparagraph (C) and end- Administrator shall ensure that the annual
odic basis; and ing on December 31 of the year before the quantity of all regulated substances pro-
(II) subject to notice and opportunity for next year listed on that table, except as oth- duced or consumed in the United States does
public comment, adjust the exchange values erwise permitted under this section, no per- not exceed the product obtained by multi-
solely on the basis of— son shall— plying—
(aa) publicly available, peer- (i) produce a quantity of a regulated sub- (i) the production baseline or consumption
reviewed scientific data; and stance without a corresponding quantity of baseline, as applicable; and
(ii) the applicable percentage listed on the
(bb) other information consistent with production allowances, except as provided in
table contained in subparagraph (C).
widely used or commonly accepted existing paragraph (5); or
(C) RELATION TO BASELINE.—On January 1
exchange values. (ii) consume a quantity of a regulated sub-
of each year listed in the following table, the
(2) PRODUCTION AND CONSUMPTION PHASE- stance without a corresponding quantity of Administrator shall apply the applicable per-
DOWN.— consumption allowances. centage, as described in subparagraph (A):
Date Percentage of Production Baseline Percentage of Consumption Baseline
2020–2023 90 percent 90 percent
2024–2028 60 percent 60 percent
2029–2033 30 percent 30 percent
2034–2035 20 percent 20 percent
2036 and thereafter 15 percent 15 percent
(D) ALLOWANCES.— (ii) a regulated substance that is used and (II) EXTENSION.—If the Administrator de-
(i) QUANTITY.—Not later than October 1 of not entirely consumed in the manufacture of termines, subject to notice and opportunity
each calendar year, the Administrator shall another chemical, if the remaining amounts for public comment, that no substitute will
use the quantity calculated under subpara- of the regulated substance are subsequently be available for an application for which the
graph (B) to determine the quantity of allow- destroyed. Administrator granted a waiver under clause
ances for the production and consumption of (B) ESSENTIAL USES.— (i) during a subsequent period, the Adminis-
regulated substances that may be used for (i) IN GENERAL.—Not earlier than January trator may authorize the production or con-
the following calendar year. 1, 2034, the Administrator may, after notice sumption, as applicable, of any regulated
(ii) NATURE OF ALLOWANCES.— and opportunity for public comment, author- substance used in the application for not
(I) IN GENERAL.—An allowance allocated ize the production or consumption of a regu- more than an additional 5 years in a quan-
under this section— lated substance for a period of not more than tity in excess of the quantity authorized
(aa) does not constitute a property right; 5 years in a quantity in excess of the quan- under paragraph (2)(A) for exclusive use in
and tities authorized under paragraph (2)(A) for the application.
(bb) is a limited authorization for the pro- the exclusive use of the regulated substance (5) DOMESTIC MANUFACTURING.—Notwith-
duction or consumption of a regulated sub- in an application with respect to which the standing paragraph (2)(A)(i), the Adminis-
stance under this section. Administrator determines that— trator may authorize a person to produce a
(II) SAVINGS PROVISION.—Nothing in this (I) no substitute will be available during regulated substance in excess of the number
section or in any other provision of law lim- the applicable period for that application, of production allowances held by that per-
its the authority of the United States to ter- considering technological achievability, son, subject to the conditions that—
minate or limit an authorization described commercial demands, safety, and other rel- (A) the authorization is—
in subclause (I)(bb). evant factors; and (i) for a renewable period of not more than
(3) REGULATIONS REGARDING PRODUCTION (II) the total supply of the regulated sub- 5 years; and
AND CONSUMPTION OF REGULATED SUB- stance authorized under paragraph (2)(A), in- (ii) subject to notice and opportunity for
STANCES.—Not later than 270 days after the cluding any quantities of a regulated sub- public comment; and
date of enactment of this Act, the Adminis- stance available from reclaiming, prior pro- (B) the production—
trator shall issue a final rule— duction, or prior import, is insufficient to (i) is at a facility located in the United
(A) phasing down the production of regu- accommodate the application. States;
lated substances in the United States (ii) LIMITATION.—No person receiving an (ii) is solely for export to, and use in, a for-
through an allowance allocation and trading authorization under clause (i) may, on an an- eign country that is not subject to the prohi-
program in accordance with this section; and nual basis, produce or consume a quantity of bition in subsection (j)(1); and
(B) phasing down the consumption of regu- a regulated substance that is greater than 10 (iii) would not violate paragraph (2)(B).
lated substances in the United States percent of the quantity that the person pro- (f) ACCELERATED SCHEDULE.—
through an allowance allocation and trading duced or consumed to contribute to the pro- (1) IN GENERAL.—Subject to paragraph (4),
program in accordance with the schedule duction baseline or the consumption base- the Administrator may, in response to a pe-
under paragraph (2)(C) (subject to the same line, as applicable. tition submitted to the Administrator in ac-
exceptions and other requirements as are ap- (iii) REVIEW.— cordance with paragraph (3) and after notice
plicable to the phase-down of production of (I) IN GENERAL.—For each application for and opportunity for public comment, pro-
regulated substances under this section). which the Administrator has authorized the mulgate regulations that establish a sched-
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(4) EXCEPTIONS.— production or consumption, as applicable, of ule for phasing down the production or con-
(A) FEEDSTOCKS AND PROCESS AGENTS.—Ex- a regulated substance under clause (i), the sumption of regulated substances that is
cept for the reporting requirements de- Administrator shall review the availability more stringent than the production and con-
scribed in subsection (d)(1), this section does of substitutes, including any quantities of sumption levels of regulated substances re-
not apply to— the regulated substance available from re- quired under subsection (e)(2)(C) if, based on
(i) a regulated substance that is used and claiming or prior production, not less fre- the availability of substitutes for regulated
entirely consumed (except for trace quan- quently than once every 5 years, considering substances, the Administrator determines
tities) in the manufacture of another chem- technological achievability, commercial de- that a more-stringent schedule is prac-
ical; or mands, safety, and other relevant factors. ticable, taking into account technological
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S1498 CONGRESSIONAL RECORD — SENATE March 4, 2020
achievability, commercial demands, safety, the allowances will be subject, under the with stakeholders using the procedure de-
and other relevant factors, including the final rule, to an enforceable and quantifiable scribed in subparagraph (A), the Adminis-
quantities of regulated substances available reduction in annual production that— trator shall, before commencement of the
from reclaiming, prior production, or prior (i) exceeds the reduction otherwise applica- rulemaking process for a rule under para-
import. ble to the transferor under this section; graph (1), publish an explanation of the deci-
(2) REQUIREMENT.—In making a determina- (ii) exceeds the quantity of production rep- sion of the Administrator to not use that
tion on whether to implement a more-strin- resented by the production allowances trans- procedure.
gent phase-down schedule under paragraph ferred to the transferee; and (3) TRANSITION.—
(1), the Administrator shall— (iii) would not have occurred in the ab- (A) PROPOSALS.—Not later than 18 months
(A) consider— sence of the transaction; and after the date of enactment of this Act, the
(i) the remaining phase-down period for (C) provide for the trading of consumption Administrator shall publish in the Federal
regulated substances under subsection (e), if allowances in the same manner as is applica- Register a proposal of 1 or more dates after
applicable; and ble under this subsection to the trading of which the use of a regulated substance in a
(ii) relevant, publicly available, peer-re- production allowances. sector or subsector shall be restricted.
viewed scientific data; (h) MANAGEMENT OF REGULATED SUB- (B) FINAL RULES.—Not later than 18
(B) apply uniformly any regulations pro- STANCES.— months after the date on which the Adminis-
mulgated pursuant to paragraph (1) to the (1) IN GENERAL.—For purposes of maxi- trator publishes a proposed rule under sub-
allocation of production and consumption al- mizing reclaiming and minimizing the re- paragraph (A) in the Federal Register, the
lowances for regulated substances, in accord- lease of a regulated substance from equip- Administrator shall issue a final rule for
ance with subsection (e)(3); and ment and ensuring the safety of technicians that proposed rule.
(C) adjust the production and consumption and consumers, the Administrator shall pro- (4) PETITIONS.—
allowances accordingly. mulgate regulations to control, where appro- (A) IN GENERAL.—A person may petition
(3) PETITION.— priate, any practice, process, or activity re- the Administrator to issue a rule under para-
(A) IN GENERAL.—A person may petition garding the servicing, repair, disposal, or in- graph (1) for the restriction on use of a regu-
the Administrator to promulgate regulations stallation of equipment (including requiring, lated substance in a sector or subsector,
for an accelerated schedule for the phase- where appropriate, that any such servicing, which may include a request that the Ad-
down of production or consumption of regu- repair, disposal, or installation be performed ministrator negotiate with stakeholders in
lated substances under paragraph (1). by a trained technician meeting minimum accordance with paragraph (2)(A).
(B) REQUIREMENT.—A petition submitted standards, as determined by the Adminis- (B) RESPONSE.—The Administrator shall
under subparagraph (A) shall— trator) that involves— grant or deny a petition under subparagraph
(i) be made at such time, in such manner, (A) a regulated substance; (A) not later than 180 days after the date of
and containing such information as the Ad- (B) a substitute for a regulated substance; receipt of the petition.
ministrator shall require; and (C) the reclaiming of a regulated substance (C) REQUIREMENTS.—
(ii) include a showing by the petitioner used as a refrigerant; or (i) EXPLANATION.—If the Administrator de-
that there are data to support the petition. (D) the reclaiming of a substitute for a reg- nies a petition under subparagraph (B), the
(C) TIMELINES.— ulated substance used as a refrigerant. Administrator shall publish in the Federal
(i) PETITIONS.—The Administrator shall (2) RECLAIMING.— Register an explanation of the denial.
grant or deny the petition under subpara- (A) IN GENERAL.—In carrying out this sec- (ii) FINAL RULE.—If the Administrator
graph (A) by not later than 270 days after the tion, the Administrator shall consider the grants a petition under subparagraph (B),
date on which the Administrator receives use of authority available to the Adminis- the Administrator shall issue a final rule not
the petition. trator under this section to increase oppor- later than 2 years after the date on which
(ii) REGULATIONS.—If the Administrator tunities for the reclaiming of regulated sub- the Administrator grants the petition.
grants a petition under subparagraph (A), stances used as refrigerants. (iii) PUBLICATION OF PETITIONS.—Not later
the final regulations with respect to the pe- (B) RECOVERY.—A regulated substance used than 30 days after the date on which the Ad-
tition shall be promulgated by not later than as a refrigerant that is recovered shall be re- ministrator receives a petition under sub-
1 year after the date on which the Adminis- claimed before the regulated substance is paragraph (A), the Administrator shall pub-
trator grants the petition. sold or transferred to a new owner, except lish in the Federal Register that petition in
(D) DENIAL.—If the Administrator denies a where the recovered regulated substance is full.
petition under subparagraph (A), the Admin- sold or transferred to a new owner solely for (5) CRITERIA.—In issuing a rule under para-
istrator shall publish a description of the the purposes of being reclaimed or destroyed. graph (1), the Administrator shall consider
reason for the denial. (3) COORDINATION.—In promulgating regula- the need—
(E) INSUFFICIENT INFORMATION.—If the Ad- tions to carry out this subsection, the Ad- (A) to promote and support domestic eco-
ministrator determines that the data in- ministrator may coordinate those regula- nomic development;
cluded under subparagraph (B)(ii) in a peti- tions with any other regulations promul- (B) to maximize protections for human
tion are not sufficient to make a determina- gated by the Administrator that involve— health and the environment;
tion under this paragraph, the Administrator (A) the same or a similar practice, process, (C) to minimize costs for the production,
shall use any authority available to the Ad- or activity regarding the servicing, repair, use, and reclaiming of regulated substances;
ministrator to acquire the necessary data. disposal, or installation of equipment; or (D) to maximize flexibility for the recov-
(4) APPLICABILITY.—The Administrator (B) reclaiming. ery, reclaiming, and reuse of regulated sub-
may not promulgate under paragraph (1) a (i) TECHNOLOGY TRANSITIONS.— stances;
regulation for the production or consump- (1) AUTHORITY.—Subject to the provisions (E) to ensure consumer safety;
tion of regulated substances that is more of this subsection, the Administrator may by (F) for the availability of substitutes, tak-
stringent than the production or consump- rule restrict, fully, partially, or on a grad- ing into account technological achievability,
tion levels required under subsection uated schedule, the use of a regulated sub- commercial demands, safety, and other rel-
(e)(2)(C) that takes effect before January 1, stance in the sector or subsector in which evant factors, including lead times for equip-
2024. the regulated substance is used. ment conversion; and
(g) EXCHANGE AUTHORITY.— (2) NEGOTIATED RULEMAKING.— (G) to minimize any additional costs to
(1) TRANSFERS.—Not later than 270 days (A) CONSIDERATION REQUIRED.—Before pro- consumers.
after the date of enactment of this Act, the posing a rule for the use of a regulated sub- (6) EVALUATION.—In carrying out this sub-
Administrator shall promulgate a final regu- stance for a sector or subsector under para- section, the Administrator shall evaluate
lation that governs the transfer of allow- graph (1), the Administrator shall consider substitutes for regulated substances in a sec-
ances for the production of regulated sub- negotiating with stakeholders in the sector tor or subsector, taking into account techno-
stances under subsection (e)(3)(A) that uses— or subsector subject to the potential rule in logical achievability, commercial demands,
(A) the applicable exchange values de- accordance with the negotiated rulemaking safety, and other relevant factors.
scribed in the table contained in subsection procedure provided for under subchapter III (j) INTERNATIONAL COOPERATION.—
(c)(1); or of chapter 5 of title 5, United States Code (1) IN GENERAL.—Subject to paragraph (2),
(B) the exchange value described in the (commonly known as the ‘‘Negotiated Rule- no person subject to the requirements of this
rule designating the substance as a regulated making Act of 1990’’). section shall trade or transfer a production
substance under subsection (c)(3). (B) NEGOTIATED RULEMAKINGS.—If the Ad- allowance or, after January 1, 2033, export a
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(2) REQUIREMENTS.—The final rule promul- ministrator negotiates a rulemaking with regulated substance to a person in a foreign
gated pursuant to paragraph (1)(A) shall— stakeholders using the procedure described country that, as determined by the Adminis-
(A) ensure that the transfers under this in subparagraph (A), the Administrator trator, has not enacted or otherwise estab-
subsection will result in greater total reduc- shall, to the extent practicable, give priority lished within a reasonable timeframe after
tions in the production of regulated sub- to completing that rulemaking over com- the date of enactment of this Act the same
stances in each year than would occur during pleting rulemakings that were not nego- or similar requirements or otherwise under-
the year in the absence of the transfers; tiated using that procedure. taken commitments regarding the produc-
(B) permit 2 or more persons to transfer (C) NO NEGOTIATED RULEMAKING.—If the Ad- tion and consumption of regulated sub-
production allowances if the transferor of ministrator does not negotiate a rulemaking stances as are contained in this section.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1499
(2) TRANSFERS.—Pursuant to paragraph (1), port innovation in advanced geo- ‘‘(B) not later than March 31, 2024, a report
a person in the United States may engage in thermal research and development, and that—
a trade or transfer of a production allow- for other purposes; which was ordered ‘‘(i) includes the information described in
ance— subparagraph (A);
to lie on the table; as follows: ‘‘(ii) assesses where the Department of En-
(A) to a person in a foreign country if, at
the time of the transfer, the Administrator At the appropriate place, insert the fol- ergy needs improvement with respect to the
revises the number of allowances for produc- lowing: proposal review and award times under each
tion under subsection (e)(2), as applicable, SEC. ll. SBIR AND STTR PROGRAMS OF THE DE- program;
for the United States such that the aggre- PARTMENT OF ENERGY. ‘‘(iii) identifies best practices for short-
gate national production of the regulated (a) ACCELERATING SBIR AND STTR AWARD ening the proposal review and award times
substance to be traded under the revised pro- TIMELINES AT THE DEPARTMENT OF ENERGY.— under each program; and
duction limits is equal to the least of— Section 9 of the Small Business Act (15 ‘‘(iv) analyzes the efficacy of the program
(i) the maximum production level per- U.S.C. 638) is amended— established under subsection (hh)(3).’’.
mitted for the applicable regulated sub- (b) IMPROVEMENTS TO COMMERCIALIZATION
(1) in subsection (g)(8)—
stance in the year of the transfer under this SELECTION.—
(A) in subparagraph (B), by striking ‘‘and’’
section, less the production allowances (1) IN GENERAL.—Section 9 of the Small
at the end;
transferred; Business Act (15 U.S.C. 638) is amended—
(B) in subparagraph (C), by adding ‘‘and’’ (A) in subsection (g)—
(ii) the maximum production level per- at the end; and
mitted for the applicable regulated sub- (i) in paragraph (11), by striking ‘‘and’’ at
(C) by adding at the end the following: the end;
stances in the transfer year under applicable ‘‘(D) with respect to the SBIR program of
law, less the production allowances trans- (ii) in paragraph (12), by striking the pe-
the Department of Energy, the average and riod at the end and inserting ‘‘; and’’; and
ferred; and median amount of time that the Department
(iii) the average of the actual national pro- (iii) by adding at the end the following:
of Energy takes to review and make a final ‘‘(13) with respect to peer review carried
duction level of the applicable regulated sub- decision on proposals submitted under the
stances for the 3-year period ending on the out under the SBIR program of the Depart-
program;’’; ment of Energy, to the extent practicable,
date of the transfer, less the production al- (2) in subsection (o)(9)—
lowances transferred; or include in the peer review—
(A) in subparagraph (B), by striking ‘‘and’’ ‘‘(A) the likelihood of commercialization
(B) from a person in a foreign country if, at at the end; in addition to scientific and technical merit
the time of the trade or transfer, the Admin- (B) in subparagraph (C), by adding ‘‘and’’ and feasibility; and
istrator finds that the foreign country has at the end; and ‘‘(B) not less than 1 reviewer with commer-
revised the domestic production limits of the (C) by adding at the end the following: cialization expertise who is capable of as-
regulated substance in the same manner as ‘‘(D) with respect to the STTR program of sessing the likelihood of commercializa-
provided with respect to transfers by a per- the Department of Energy, the average and tion.’’;
son in United States under this subsection. median amount of time that the Department (B) in subsection (o)—
(3) EFFECT OF TRANSFERS ON PRODUCTION of Energy takes to review and make a final (i) in paragraph (15), by striking ‘‘and’’ at
LIMITS.—The Administrator may— decision on proposals submitted under the the end;
(A) reduce the production limits estab- program;’’; (ii) in paragraph (16), by striking the pe-
lished under subsection (e)(2)(B) as required (3) in subsection (hh), by adding at the end riod at the end and inserting ‘‘; and’’; and
as a prerequisite to a transfer described in the following: (iii) by adding at the end the following:
paragraph (2)(A); or ‘‘(3) REQUIREMENT TO ACCELERATE DEPART- ‘‘(17) with respect to peer review carried
(B) increase the production limits estab- MENT OF ENERGY SBIR AND STTR AWARDS.—Not out under the STTR program of the Depart-
lished under subsection (e)(2)(B) to reflect later than 1 year after the date of enactment ment of Energy, to the extent practicable,
production allowances acquired under a of this paragraph, the Department of Energy include in the peer review—
trade or transfer described in paragraph shall establish a program to reduce the time ‘‘(A) the likelihood of commercialization
(2)(B). for awards under the SBIR and STTR pro- in addition to scientific and technical merit
(4) REGULATIONS.—The Administrator grams of the Department of Energy by— and feasibility; and
shall— ‘‘(A) developing simplified and standard- ‘‘(B) not less than 1 reviewer with commer-
(A) not later than 1 year after the date of ized procedures and model contracts or cialization expertise who is capable of as-
enactment of this Act, promulgate a final awards throughout the Department of En- sessing the likelihood of commercializa-
rule to carry out this subsection; and ergy for Phase I, Phase II, and Phase III tion.’’;
(B) not less frequently than annually, re- SBIR awards; (C) in subsection (cc)—
view and, if necessary, revise the final rule ‘‘(B) for Phase I SBIR and STTR awards, (i) by striking ‘‘During fiscal years 2012
promulgated pursuant to subparagraph (A). reducing the amount of time between solici- through 2022, the National Institutes of
(k) RELATIONSHIP TO OTHER LAW.— tation closure and award; Health, the Department of Defense, and the
(1) IMPLEMENTATION.— ‘‘(C) for Phase II SBIR and STTR awards, Department of Education’’ and inserting the
(A) RULEMAKINGS.—The Administrator reducing the amount of time between the following:
may promulgate such regulations as are nec- end of a Phase I award and the start of the ‘‘(1) IN GENERAL.—During fiscal years 2020
essary to carry out the functions of the Ad- Phase II award; through 2025, the National Institutes of
ministrator under this section. ‘‘(D) for Phase II SBIR and STTR awards Health, the Department of Defense, the De-
(B) DELEGATION.—The Administrator may that skip Phase I, reducing the amount of partment of Education, and the Department
delegate to any officer or employee of the time between solicitation closure and award; of Energy’’; and
Environmental Protection Agency such of ‘‘(E) for sequential Phase II SBIR and (ii) by adding at the end the following:
the powers and duties of the Administrator STTR awards, reducing the amount of time ‘‘(2) LIMITATION.—The total value of awards
under this section as the Administrator de- between Phase II awards; and provided by a Federal agency described in
termines to be appropriate. ‘‘(F) reducing the award times described in paragraph (1) under this subsection in a fis-
(C) CLEAN AIR ACT.—Sections 113, 114, 304, subparagraphs (B), (C), (D), and (E) to be as cal year shall be not more than 10 percent of
and 307 of the Clean Air Act (42 U.S.C. 7413, close to 90 days as possible.’’; and the total funds allocated to the SBIR and
7414, 7604, 7607) shall apply to this section (4) in subsection (ii), by adding at the end STTR programs of the Federal agency during
and any regulations promulgated by the Ad- the following: that fiscal year.
ministrator pursuant to this section as ‘‘(3) ADDITIONAL COMPTROLLER GENERAL RE- ‘‘(3) EXTENSION.—During fiscal years 2024
though this section were expressly included PORTS FOR THE DEPARTMENT OF ENERGY.—The and 2025, each Federal agency described in
in each of those sections, as applicable, and Comptroller General of the United States paragraph (1) may continue phase flexibility
the requirements of this section were part of shall submit to the Committee on Small as described in this subsection only if the re-
that Act (42 U.S.C. 7401 et seq.). Business and Entrepreneurship of the Senate ports required under subsection (tt)(1)(B)
(2) AUTHORITY.—On issuance of a final rule and the Committee on Small Business of the have been submitted to the appropriate com-
under subsection (e)(3) for the production House of Representatives, with respect to mittees.’’;
and consumption of regulated substances, the SBIR and STTR programs Department of (D) in subsection (hh)(2)(A)(i), by inserting
notwithstanding any other provision of law, Energy— ‘‘application process and requirements’’ after
the Administrator shall have no authority to
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‘‘(A) not later than 2 years after the date of ‘‘simplified and standardized’’; and
regulate the production or consumption of enactment of this paragraph, a report that— (E) by adding at the end the following:
regulated substances under section 614(b) of ‘‘(i) provides the average and median ‘‘(vv) TECHNOLOGY COMMERCIALIZATION OF-
the Clean Air Act (42 U.S.C. 7671m(b)). amount of time that the Department takes FICIAL IN THE DEPARTMENT OF ENERGY.—The
to review and make a final decision on pro- Department of Energy shall designate a
SA 1505. Mr. RUBIO submitted an posals submitted under each program; and Technology Commercialization Official in
amendment intended to be proposed to ‘‘(ii) compares that average and median the Department of Energy, who shall—
amendment SA 1407 proposed by Ms. amount of time with that of the previous 5 ‘‘(1) have sufficient commercialization ex-
MURKOWSKI to the bill S. 2657, to sup- fiscal years; and perience;
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S1500 CONGRESSIONAL RECORD — SENATE March 4, 2020
‘‘(2) provide assistance to SBIR and STTR (A) the Economic Support Fund under (A) at which firewood is collected, proc-
program awardees in commercializing and chapter 4 of part II of the Foreign Assistance essed, or stored; and
transitioning technologies; Act of 1961 (22 U.S.C. 2346 et seq.); and (B) that is used by a cooperating party to
‘‘(3) identify SBIR and STTR program (B) the United States Agency for Inter- distribute firewood to low-income or dis-
technologies with sufficient technology and national Development. abled individuals for personal use.
commercialization readiness to advance to (2) EXCLUSIONS.—In making the rescissions (3) SECRETARIES.—The term ‘‘Secretaries’’
Phase III awards or other non-SBIR or STTR required under paragraph (1), the Director means the Secretary, the Secretary of the
program contracts; shall not rescind any amounts appropriated Interior, and the Secretary of Agriculture.
‘‘(4) coordinate with the Technology Com- for— (4) SECRETARY CONCERNED.—The term ‘‘Sec-
mercialization Officials of other Federal (A) global health programs under title III retary concerned’’ means—
agencies to identify additional markets and of the Department of State, Foreign Oper- (A) the Secretary of the Interior, in the
commercialization pathways for promising ations, and Related Programs Appropria- case of Federal land administered by the
SBIR and STTR program technologies; tions Act, 2020 (division G of Public Law 116– Secretary of the Interior, including trust
‘‘(5) submit to the Administration an an- 94); or land (as defined in section 3765 of title 38,
nual report on the number of technologies (B) assistance to Israel. United States Code); and
from the SBIR or STTR program that have (B) the Secretary of Agriculture, in the
advanced commercialization activities, in- SA 1507. Mr. LANKFORD submitted case of Federal land administered by the
cluding information required in the commer- an amendment intended to be proposed Secretary of Agriculture, acting through the
cialization impact assessment under sub- to amendment SA 1407 proposed by Ms. Chief of the Forest Service.
section (xx) and how those activities may re- (b) PROMOTION OF FIREWOOD BANKS.—The
MURKOWSKI to the bill S. 2657, to sup- Secretaries shall promote the use of firewood
late to support of the diversification of the port innovation in advanced geo-
United States supply chain; banks by carrying out this section.
‘‘(6) submit to the Administration an an-
thermal research and development, and (c) FIREWOOD BANKS WITHIN COMMU-
for other purposes; which was ordered NITIES.—
nual report on actions taken by the Federal
to lie on the table; as follows: (1) IN GENERAL.—The Secretary and the
agency, and the results of those actions, to
Secretary of Agriculture (referred to in this
simplify, standardize, and expedite the appli- At the end of subtitle A of title II, add the
subsection as the ‘‘Secretaries’’) may estab-
cation process and requirements, procedures, following:
lish a program to acquire a parcel of land or
and contracts as required under subsection SEC. 21lll. LOAN GUARANTEES FOR PROJECTS
an interest in a parcel of land within 1 or
(hh) and described in subsection (xx)(E); and THAT INCREASE THE DOMESTIC
SUPPLY OF CRITICAL MINERALS. more communities to be used as a local fire-
‘‘(7) carry out such other duties as the De- wood bank.
partment of Energy determines necessary.’’. (a) IN GENERAL.—Section 1703(b) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16513(b)) is (2) ACQUISITIONS.—The land referred to in
(2) REPORT.—Not later than 1 year after paragraph (1) may be acquired through a fee-
the date of enactment of this Act, the Ad- amended by adding at the end the following:
‘‘(11) Projects that increase the domestic simple purchase, an easement, or a donation.
ministrator of the Small Business Adminis- (3) PARCEL REQUIREMENTS.—A parcel of
tration shall submit to the Committee on supply of critical minerals (as designated by
land acquired under paragraph (1)—
Small Business and Entrepreneurship of the the Secretary of the Interior under section
(A) shall be in a community in which at
Senate and the Committee on Small Busi- 2101(c) of the American Energy Innovation
least 20 percent of the residents primarily
ness of the House of Representatives summa- Act of 2020), including through mining, proc-
heat their homes with a wood-burning stove;
rizing the metrics relating to and an evalua- essing, recycling, and the fabrication of min-
(B) shall be not less than 1⁄2 acre and not
tion of the authority provided under section eral alternatives.’’.
(b) PROHIBITION ON USE OF APPROPRIATED more than 6 acres in size;
9(hh) of the Small Business Act (15 U.S.C. (C) shall be able to store not fewer than 100
638(hh)) to the Department of Energy, as FUNDS.—Amounts appropriated to the De-
partment before the date of enactment of cords of firewood;
amended by subsection (a), which shall in- (D) may have equipment on site to process
clude the size and location of the small busi- this Act shall not be made available for the
cost of loan guarantees made under para- logs into firewood; and
ness concerns, as defined in section 3 of the (E) may be subject to any other require-
Small Business Act (15 U.S.C. 632), receiving graph (11) of section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)). ments that the Secretaries, in consultation
awards under the SBIR or STTR program, as with cooperating parties under paragraph (4),
defined in section 9(e) of the Small Business determine to be necessary for the efficient,
Act (15 U.S.C. 638(e)), of the Department of SA 1508. Mr. HAWLEY submitted an
amendment intended to be proposed to effective, and safe administration of the fire-
Energy. wood bank.
amendment SA 1407 proposed by Ms. (4) COOPERATING PARTIES.—The Secretaries
SA 1506. Mr. PAUL submitted an MURKOWSKI to the bill S. 2657, to sup- may authorize or consult with cooperating
amendment intended to be proposed by port innovation in advanced geo- parties—
him to the bill H.R. 6074, making emer- thermal research and development, and (A) to maintain the parcel of land acquired
gency supplemental appropriations for for other purposes; which was ordered under paragraph (1); and
the fiscal year ending September 30, to lie on the table; as follows: (B) to operate the firewood bank.
2020, and for other purposes; which was On page 362, strike lines 14 through 16 and (5) USE OF LAND.—The Secretaries, or the
ordered to lie on the table; as follows: insert the following: cooperating parties, as applicable, shall use
At the appropriate place, insert the fol- (EE) biofuel vehicle technologies, includ- a parcel of land acquired under paragraph (1)
lowing: ing ethanol and biodiesel combustion sys- exclusively as a firewood bank.
SEC. ll. RESCISSIONS. (d) FIREWOOD BANKS ON FEDERAL LAND.—
tems, and biofuel infrastructure, including
(a) EDUCATIONAL AND CULTURAL ASSIST- (1) IN GENERAL.—The Secretary concerned
the use of agricultural feedstocks to provide
PROGRAMS.—Notwithstanding any may authorize 1 or more firewood banks to
ANCE fuel and power; and
other provision of law, all amounts made be established and operated on Federal land,
(FF) other research areas as determined by
available for fiscal year 2020 for the East- including trust land (as defined in section
the Secretary.
West Center under title I of the Department 3765 of title 38, United States Code).
of State, Foreign Operations, and Related SA 1509. Ms. MCSALLY (for herself (2) REQUIREMENTS.—A firewood bank de-
Programs Appropriations Act, 2020 (division scribed in paragraph (1)—
and Mr. LEAHY) submitted an amend-
G of Public Law 116–94), the Inter-American (A) may only be established if the firewood
ment intended to be proposed to bank—
Foundation under title III of such Act, and
educational and cultural exchange programs amendment SA 1407 proposed by Ms. (i) will be located within 50 miles of a com-
under title I of such Act that remain unobli- MURKOWSKI to the bill S. 2657, to sup- munity in which at least 20 percent of the
gated as of the date of the enactment of this port innovation in advanced geo- residents primarily heat their homes with a
Act are rescinded. thermal research and development, and wood-burning stove;
(b) PROPORTIONAL RESCISSIONS OF OTHER for other purposes; which was ordered (ii) will occupy an area not less than 1⁄2
UNOBLIGATED DISCRETIONARY APPROPRIA- to lie on the table; as follows: acre and not more than 6 acres in size; and
TIONS.— (iii) will be able to store not fewer than 20
At the end, add the following:
(1) IN GENERAL.—Except as provided under cords of firewood; and
TITLE IV—MISCELLANEOUS
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paragraph (2), after rescinding the amounts (B) may have privately or publicly owned
required under subsection (a), the Director of SEC. 4001. FIREWOOD BANKS. equipment on site to process logs into fire-
the Office of Management and Budget shall (a) DEFINITIONS.—In this section: wood.
rescind, on a proportional basis, such (1) COOPERATING PARTY.—The term ‘‘co- (3) COOPERATING PARTIES.—The Secretary
amounts as may be necessary to fully offset operating party’’ means a State, local, or concerned may authorize or consult with co-
(in conjunction with the rescissions under Tribal government, a private company, a operating parties—
subsection (a)) the amounts appropriated by nonprofit organization, and a cooperative. (A) to maintain the Federal land on which
this Act from the unobligated amounts ap- (2) FIREWOOD BANK.—The term ‘‘firewood the firewood bank is established under this
propriated for fiscal year 2020 for— bank’’ means a site— subsection; and
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1501
(B) to operate the firewood bank. effectiveness of the program under this sec- (b) DESIGNATION.—The strategy developed
(4) USE OF FEDERAL LAND.—The Secretary tion. under subsection (a) shall be known as the
concerned, or a cooperating party, as appli- (4) SUBMISSION.—On completion of each re- ‘‘National Strategy to Secure 5G and Next
cable, shall use the land on which a firewood port described in paragraph (1), the Secre- Generation Wireless Communications’’ (re-
bank is established under this subsection ex- taries shall submit the report to— ferred to in this Act as the ‘‘Strategy’’).
clusively as a firewood bank. (A) the Committee on Energy and Natural (c) ELEMENTS.—The Strategy shall rep-
(e) SECURE SUPPLIES OF FIREWOOD FOR Resources of the Senate; resent a whole-of-government approach and
FIREWOOD BANKS.— (B) the Committee on Appropriations of shall include the following:
(1) IN GENERAL.—The Secretary concerned the Senate; (1) A description of efforts to facilitate do-
shall— (C) the Committee on Natural Resources of mestic 5th and future generations wireless
(A) designate trees for cutting and removal the House of Representatives; and communications rollout.
on Federal land by marking; and (D) the Committee on Appropriations of (2) A description of efforts to assess the
(B) make those trees available to firewood the House of Representatives. risks to and identify core security principles
banks, consistent with this subsection. of 5th and future generations wireless com-
(2) DESIGNATION.—The Secretary concerned SA 1510. Mr. MCCONNELL (for Mr. munications infrastructure.
shall designate trees under paragraph CORNYN) proposed an amendment to (3) A description of efforts to address risks
(1)(A)— the bill S. 893, to require the President to the national security of the United States
(A) in an area located within 50 miles of to develop a strategy to ensure the se- during development and deployment of 5th
each firewood bank established under sub- and future generations wireless communica-
section (d); and
curity of next generation mobile tele-
communications systems and infra- tions infrastructure worldwide.
(B) in other areas that the Secretary con- (4) A description of efforts to promote re-
cerned determines to be appropriate. structure in the United States and to
sponsible global development and deploy-
(3) REQUIREMENT.—The Secretaries con- assist allies and strategic partners in
ment of 5th and future generations wireless
cerned shall designate trees under paragraph maximizing the security of next gen- communications, including through robust
(1)(A) in a sufficient quantity to provide at eration mobile telecommunications international engagement, leadership in the
least 100 cords of firewood continuously. systems, infrastructure, and software, development of international standards, and
(4) NO FEE REQUIRED.— and for other purposes; as follows: incentivizing market competitiveness of se-
(A) IN GENERAL.—Any Federal employee or
Strike all after the enacting clause and in- cure 5th and future generation wireless com-
party designated by a firewood bank may
sert the following: munications infrastructure options.
cut, remove, and transport to a firewood
SECTION 1. SHORT TITLE. (d) PUBLIC CONSULTATION.—In developing
bank a tree designated under paragraph
This Act may be cited as the ‘‘Secure 5G the Strategy, the President shall consult
(1)(A) without incurring any fee.
and Beyond Act of 2020’’. with relevant groups that represent con-
(B) LIMITATIONS.—
SEC. 2. APPROPRIATE COMMITTEES OF CON- sumers or the public interest, private sector
(i) PERMITS.—The Secretary concerned
GRESS DEFINED. communications providers, and communica-
may require a permit for the cutting and re-
In this Act, the term ‘‘appropriate commit- tions infrastructure and systems equipment
moval of a tree designated under paragraph
tees of Congress’’ means— developers.
(1)(A).
(1) the Select Committee on Intelligence, SEC. 4. STRATEGY IMPLEMENTATION PLAN.
(ii) NO SIGNIFICANT DAMAGE TO RE-
the Committee on Commerce, Science, and Not later than 180 days after the date of
SOURCES.—A Federal employee or party des-
Transportation, the Committee on Foreign enactment of this Act, the President shall
ignated by a firewood bank shall not be per-
Relations, the Committee on Armed Serv- develop and submit to the appropriate com-
mitted to significantly damage any resource
ices, and the Committee on Homeland Secu- mittees of Congress an implementation plan
while cutting or removing a tree designated
rity and Governmental Affairs of the Senate; for the Strategy (referred to in this Act as
under paragraph (1)(A).
(5) CLOSED ENTRY.—The Secretary con- and the ‘‘Implementation Plan’’), which shall in-
cerned may close to entry an area with trees (2) the Permanent Select Committee on In- clude, at a minimum, the following:
designated under paragraph (1)(A), or make telligence, the Committee on Energy and (1) A description of United States national
that entry subject to such conditions as the Commerce, the Committee on Foreign Af- and economic security interests pertaining
Secretary concerned determines are nec- fairs, the Committee on Armed Services, and to the deployment of 5th and future genera-
essary— the Committee on Homeland Security of the tions wireless communications systems and
(A) for periods of not longer than 60 con- House of Representatives. infrastructure.
SEC. 3. STRATEGY TO ENSURE SECURITY OF (2) An identification and assessment of po-
secutive calendar days; and
NEXT GENERATION WIRELESS COM-
(B) for not longer than 150 calendar days tential security threats and vulnerabilities
MUNICATIONS SYSTEMS AND INFRA-
during any 1 calendar year. STRUCTURE. to the infrastructure, equipment, systems,
(f) REPORT.— (a) STRATEGY REQUIRED.—Not later than software, and virtualized networks that sup-
(1) IN GENERAL.—Not later than 5 years 180 days after the date of enactment of this port 5th and future generations wireless
after the date of enactment of this Act, and Act, the President, in consultation with the communications systems, infrastructure,
every 5 years thereafter, the Secretaries Chairman of the Federal Communications and enabling technologies, which shall, as
shall prepare a report describing the imple- Commission, the Secretary of Commerce, the practicable, include a comprehensive evalua-
mentation of this section. Assistant Secretary of Commerce for Com- tion of the full range of threats to, and
(2) CONSULTATION.—The Secretaries may munications and Information, the Secretary unique security challenges posed by, 5th and
prepare the report described in paragraph (1) of Homeland Security, the Director of Na- future generations wireless communications
in consultation with cooperating parties. tional Intelligence, the Attorney General, systems and infrastructure, as well as steps
(3) CONTENTS.—The Secretaries shall in- the Secretary of State, the Secretary of En- that public and private sector entities can
clude in the report described in paragraph ergy, and the Secretary of Defense, and con- take to mitigate those threats.
(1)— sistent with the protection of national secu- (3) An identification and assessment of the
(A) an assessment of whether, and to what rity information, shall develop and submit to global competitiveness and vulnerabilities of
extent, the program under this section— the appropriate committees of Congress a United States manufacturers and suppliers
(i) is providing assistance to low-income strategy— of 5th and future generations wireless com-
and disabled individuals; (1) to ensure the security of 5th and future munications equipment.
(ii) is using cooperating parties to estab- generations wireless communications sys- (4) An evaluation of available domestic
lish, operate, and maintain firewood banks; tems and infrastructure within the United suppliers of 5th and future generations wire-
and States; less communications equipment and other
(iii) is supplying firewood from trees des- (2) to provide technical assistance to mu- suppliers in countries that are mutual de-
ignated under subsection (e)(1)(A); tual defense treaty allies of the United fense allies or strategic partners of the
(B) lists describing— States, strategic partners of the United United States and a strategy to assess their
(i) the acquisitions made under subsection States, and other countries, when in the se- ability to produce and supply 5th generation
(c) and the locations at which the acquisi- curity and strategic interests of the United and future generations wireless communica-
tions were made; States, to maximize the security of 5th and tions systems and infrastructure.
(ii) the locations of firewood banks estab- future generations wireless communications (5) Identification of where security gaps
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lished under subsection (d)(1); systems and infrastructure inside their coun- exist in the United States domestic or mu-
(iii) the cooperating parties that are assist- tries; and tual defense treaty allies and strategic part-
ing in operating firewood banks established (3) to protect the competitiveness of ners communications equipment supply
under subsection (d)(1); and United States companies, privacy of United chain for 5th and future generations wireless
(iv) the units of Federal land on which the States consumers, and integrity and impar- communications systems and infrastructure.
Secretary concerned has designated trees tiality of standards-setting bodies and proc- (6) Identification of incentives and policy
under subsection (e)(1); and esses related to 5th and future generations options to help close or narrow any security
(C) recommendations to Congress on ways wireless communications systems and infra- gaps identified under paragraph (5) in, and
to improve the administration, efficacy, and structure. ensure the economic viability of, the United
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S1502 CONGRESSIONAL RECORD — SENATE March 4, 2020
States domestic industrial base, including agencies and interagency mechanisms to co- (A) the Navajo Nation; and
research and development in critical tech- ordinate implementation of the Strategy, as (B) the United States, for the benefit of the
nologies and workforce development in 5th provided in section 5(d). Nation;
and future generations wireless communica- (17) An identification of the key diplo- (2) to authorize, ratify, and confirm the
tions systems and infrastructure. matic, development, intelligence, military, Agreement entered into by the Nation and
(7) Identification of incentives and policy and economic resources necessary to imple- the State, to the extent that the Agreement
options for leveraging the communications ment the Strategy, including specific budg- is consistent with this title;
equipment suppliers from mutual defense etary requests. (3) to authorize and direct the Secretary—
treaty allies, strategic partners, and other (18) As necessary, a description of such leg- (A) to execute the Agreement; and
countries to ensure that private industry in islative or administrative action needed to (B) to take any actions necessary to carry
the United States has adequate sources for carry out the Strategy. out the agreement in accordance with this
secure, effective, and reliable 5th and future SEC. 5. LIMITATIONS AND BRIEFINGS. title; and
generations wireless communications sys- (a) LIMITATIONS.— (4) to authorize funds necessary for the im-
tems and infrastructure equipment. (1) IN GENERAL.—The Strategy and the Im- plementation of the Agreement and this
(8) A plan for diplomatic engagement with plementation Plan shall not include a rec- title.
mutual defense treaty allies, strategic part- ommendation or a proposal to nationalize SEC. 4003. DEFINITIONS.
ners, and other countries to share security 5th or future generations wireless commu- In this title:
risk information and findings pertaining to nications systems or infrastructure. (1) AGREEMENT.—The term ‘‘agreement’’
5th and future generations wireless commu-
(2) FEDERAL AGENCY AUTHORITY.—Nothing means—
nications systems and infrastructure equip-
in this Act shall be construed to limit any (A) the document entitled ‘‘Navajo Utah
ment and cooperation on mitigating those
authority or ability of any Federal agency. Water Rights Settlement Agreement’’ dated
risks.
(b) PUBLIC COMMENT.—Not later than 60 December 14, 2015, and the exhibits attached
(9) A plan for engagement with private sec-
days after the date of enactment of this Act, thereto; and
tor communications infrastructure and sys-
the President shall seek public comment re- (B) any amendment or exhibit to the docu-
tems equipment developers and critical in-
garding the development and implementa- ment or exhibits referenced in subparagraph
frastructure owners and operators who have
tion of the Implementation Plan. (A) to make the document or exhibits con-
a critical dependency on communications in-
(c) BRIEFING.— sistent with this title.
frastructure to share information and find-
(1) IN GENERAL.—Not later than 21 days (2) ALLOTMENT.—The term ‘‘allotment’’
ings on 5th and future generations wireless
after the date on which the Implementation means a parcel of land—
communications systems and infrastructure
equipment standards to secure platforms. Plan is completed, the President shall direct (A) granted out of the public domain that
(10) A plan for engagement with private appropriate representatives from the depart- is—
sector communications infrastructure and ments and agencies involved in the formula- (i) located within the exterior boundaries
systems equipment developers to encourage tion of the Strategy to provide the appro- of the Reservation; or
the maximum participation possible on priate committees of Congress a briefing on (ii) Bureau of Indian Affairs parcel number
standards-setting bodies related to such sys- the implementation of the Strategy. 792 634511 in San Juan County, Utah, con-
tems and infrastructure equipment stand- (2) UNCLASSIFIED SETTING.—The briefing sisting of 160 acres located in Township 41S,
ards by public and private sector entities under paragraph (1) shall be held in an un- Range 20E, sections 11, 12, and 14, originally
from the United States. classified setting to the maximum extent set aside by the United States for the benefit
(11) A plan for diplomatic engagement with possible. of an individual identified in the allotting
mutual defense treaty allies, strategic part- (d) IMPLEMENTATION.— document as a Navajo Indian; and
ners, and other countries to share informa- (1) IN GENERAL.—The President and the Na- (B) held in trust by the United States—
tion and findings on 5th and future genera- tional Telecommunications and Information (i) for the benefit of an individual, individ-
tions wireless communications systems and Administration, in conjunction, shall— uals, or an Indian Tribe other than the Nav-
infrastructure equipment standards to pro- (A) implement the Strategy; ajo Nation; or
mote maximum interoperability, competi- (B) keep congressional committees ap- (ii) in part for the benefit of the Navajo
tiveness, openness, and secure platforms. prised of progress on implementation; and Nation as of the enforceability date.
(12) A plan for diplomatic engagement with (C) not implement any proposal or rec- (3) ALLOTTEE.—The term ‘‘allottee’’ means
mutual defense treaty allies, strategic part- ommendation involving non-Federal spec- an individual or Indian Tribe with a bene-
ners, and other countries to share informa- trum administered by the Federal Commu- ficial interest in an allotment held in trust
tion and findings on 5th and future genera- nications Commission unless the implemen- by the United States.
tions wireless communications infrastruc- tation of such proposal or recommendation (4) ENFORCEABILITY DATE.—The term ‘‘en-
ture and systems equipment concerning the is first approved by the Commission. forceability date’’ means the date on which
standards-setting bodies related to such sys- (2) RULE OF CONSTRUCTION.—Nothing in this the Secretary publishes in the Federal Reg-
tems and infrastructure equipment to pro- subsection shall be construed to affect the ister the statement of findings described in
mote maximum transparency, openness, im- authority or jurisdiction of the Federal Com- section 4008(a).
partiality, integrity, and neutrality. munications Commission or confer upon the (5) GENERAL STREAM ADJUDICATION.—The
(13) A plan for joint testing environments President or any other executive branch term ‘‘general stream adjudication’’ means
with mutual defense treaty allies, strategic agency the power to direct the actions of the the adjudication pending, as of the date of
partners, and other countries to ensure a Commission, whether directly or indirectly. enactment, in the Seventh Judicial District
trusted marketplace for 5th and future gen- (e) FORM.—The Strategy and Implementa- in and for Grand County, State of Utah, com-
erations wireless communications systems tion Plan shall be submitted to the appro- monly known as the ‘‘Southeastern Colorado
and infrastructure equipment. priate committees of Congress in unclassi- River General Adjudication’’, Civil No.
(14) A plan for research and development fied form, but may include a classified 810704477, conducted pursuant to State law.
by the Federal Government, in close partner- annex. (6) INJURY TO WATER RIGHTS.—The term
ship with trusted supplier entities, mutual ‘‘injury to water rights’’ means an inter-
defense treaty allies, strategic partners, and SA 1511. Mr. ROMNEY (for himself, ference with, diminution of, or deprivation
other countries to reach and maintain Ms. WARREN, and Ms. SINEMA) sub- of water rights under Federal or State law,
United States leadership in 5th and future mitted an amendment intended to be excluding injuries to water quality.
generations wireless communications sys- proposed to amendment SA 1407 pro- (7) MEMBER.—The term ‘‘member’’ means
tems and infrastructure security, including any person who is a duly enrolled member of
posed by Ms. MURKOWSKI to the bill S.
the development of an ongoing capability to the Navajo Nation.
identify security vulnerabilities in 5th and 2657, to support innovation in advanced (8) NAVAJO NATION OR NATION.—The term
future generations wireless communications geothermal research and development, ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body
systems. and for other purposes; which was or- politic and federally recognized Indian na-
(15) Options for identifying and helping to dered to lie on the table; as follows: tion, as published on the list established
mitigate the security risks of 5th and future At the end, add the following: under section 104(a) of the Federally Recog-
generations wireless communications sys- TITLE IV—NAVAJO UTAH WATER RIGHTS nized Indian Tribe List Act of 1994 (25 U.S.C.
tems and infrastructure that have security SETTLEMENT 5131(a)), also known variously as the ‘‘Navajo
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flaws or vulnerabilities, or are utilizing Nation’’, the ‘‘Navajo Nation of Arizona, New
equipment sourced from countries of con- SEC. 4001. SHORT TITLE. Mexico, & Utah’’, and the ‘‘Navajo Nation of
cern, and that have already been put in place This title may be cited as the ‘‘Navajo Indians’’ and other similar names, and in-
within the systems and infrastructure of mu- Utah Water Rights Settlement Act of 2020’’. cludes all bands of Navajo Indians and chap-
tual defense treaty allies, strategic partners, SEC. 4002. PURPOSES. ters of the Navajo Nation and all divisions,
and other countries, when in the security in- The purposes of this title are— agencies, officers, and agents thereof.
terests of the United States. (1) to achieve a fair, equitable, and final (9) NAVAJO WATER DEVELOPMENT
(16) A description of the roles and respon- settlement of all claims to water rights in PROJECTS.—The term ‘‘Navajo water develop-
sibilities of the appropriate executive branch the State of Utah for— ment projects’’ means projects for domestic
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1503
municipal water supply, including distribu- an allotment shall be accounted for as a de- together with any interest earned on those
tion infrastructure, and agricultural water pletion by the Navajo Nation for purposes of amounts, for the purpose of carrying out this
conservation, to be constructed, in whole or depletion accounting under the agreement, title.
in part, using monies from the Navajo Water including recognition of— (b) ACCOUNTS.—The Secretary shall estab-
Development Projects Account. (A) any water use existing on an allotment lish in the Trust Fund the following Ac-
(10) NAVAJO WATER RIGHTS.—The term as of the date of enactment of this Act and counts:
‘‘Navajo water rights’’ means the Nation’s as subsequently reflected in the hydro- (1) The Navajo Water Development
water rights in Utah described in the agree- graphic survey report referenced in section Projects Account.
ment and this title. 4007(b); (2) The Navajo OM&R Account.
(11) OM&R.—The term ‘‘OM&R’’ means op- (B) reasonable domestic and stock water
eration, maintenance, and replacement. (c) DEPOSITS.—The Secretary shall deposit
uses put into use on an allotment; and
(12) PARTIES.—The term ‘‘parties’’ means in the Trust Fund Accounts—
(C) any allotment water rights that may be
the Navajo Nation, the State, and the United (1) in the Navajo Water Development
decreed in the general stream adjudication
States. Projects Account, the amounts made avail-
or other appropriate forum.
(13) RESERVATION.—The term ‘‘Reserva- able pursuant to section 4007(a)(1); and
(3) SATISFACTION OF ON-RESERVATION STATE
tion’’ means, for purposes of the agreement (2) in the Navajo OM&R Account, the
LAW-BASED WATER RIGHTS.—Depletions re-
and this title, the Reservation of the Navajo amount made available pursuant to section
sulting from the use of water on the Reserva-
Nation in Utah as in existence on the date of 4007(a)(2).
tion pursuant to State law-based water
enactment of this Act and depicted on the rights existing as of the date of enactment of (d) MANAGEMENT AND INTEREST.—
map attached to the agreement as Exhibit A, this Act shall be accounted for as depletions (1) MANAGEMENT.—Upon receipt and de-
including any parcel of land granted out of by the Navajo Nation for purposes of deple- posit of the funds into the Trust Fund Ac-
the public domain and held in trust by the tion accounting under the agreement. counts, the Secretary shall manage, invest,
United States entirely for the benefit of the (4) IN GENERAL.—The Navajo water rights and distribute all amounts in the Trust Fund
Navajo Nation as of the enforceability date. are ratified, confirmed, and declared to be in a manner that is consistent with the in-
(14) SECRETARY.—The term ‘‘Secretary’’ valid. vestment authority of the Secretary under—
means the Secretary of the United States (5) USE.—Any use of the Navajo water (A) the first section of the Act of June 24,
Department of the Interior or a duly author- rights shall be subject to the terms and con- 1938 (25 U.S.C. 162a);
ized representative thereof. ditions of the agreement and this title. (B) the American Indian Trust Fund Man-
(15) STATE.—The term ‘‘State’’ means the (6) CONFLICT.—In the event of a conflict be- agement Reform Act of 1994 (25 U.S.C. 4001 et
State of Utah and all officers, agents, depart- tween the agreement and this title, the pro- seq.); and
ments, and political subdivisions thereof. visions of this title shall control. (C) this section.
(16) UNITED STATES.—The term ‘‘United (b) TRUST STATUS OF NAVAJO WATER (2) INVESTMENT EARNINGS.—In addition to
States’’ means the United States of America RIGHTS.—The Navajo water rights— the deposits under subsection (c), any invest-
and all departments, agencies, bureaus, offi- (1) shall be held in trust by the United ment earnings, including interest, credited
cers, and agents thereof. States for the use and benefit of the Nation to amounts held in the Trust Fund are au-
(17) UNITED STATES ACTING IN ITS TRUST CA- in accordance with the agreement and this thorized to be appropriated to be used in ac-
PACITY.—The term ‘‘United States acting in cordance with the uses described in sub-
title; and
its trust capacity’’ means the United States (2) shall not be subject to forfeiture or section (h).
acting for the benefit of the Navajo Nation abandonment. (e) AVAILABILITY OF AMOUNTS.—Amounts
or for the benefit of allottees. (c) AUTHORITY OF THE NATION.— appropriated to, and deposited in, the Trust
SEC. 4004. RATIFICATION OF AGREEMENT. (1) IN GENERAL.—The Nation shall have the Fund, including any investment earnings,
(a) APPROVAL BY CONGRESS.—Except to the authority to allocate, distribute, and lease shall be made available to the Nation by the
extent that any provision of the agreement the Navajo water rights for any use on the Secretary beginning on the enforceability
conflicts with this title, Congress approves, Reservation in accordance with the agree- date and subject to the uses and restrictions
ratifies, and confirms the agreement (includ- ment, this title, and applicable Tribal and set forth in this section.
ing any amendments to the agreement that Federal law.
are executed to make the agreement con- (f) WITHDRAWALS.—
(2) OFF-RESERVATION USE.—The Nation may (1) WITHDRAWALS UNDER THE AMERICAN IN-
sistent with this title).
(b) EXECUTION BY SECRETARY.—The Sec- allocate, distribute, and lease the Navajo DIAN TRUST FUND MANAGEMENT REFORM ACT
retary is authorized and directed to prompt- water rights for off-Reservation use in ac- OF 1994.—The Nation may withdraw any por-
ly execute the agreement to the extent that cordance with the agreement, subject to the tion of the funds in the Trust Fund on ap-
the agreement does not conflict with this approval of the Secretary. proval by the Secretary of a tribal manage-
title, including— (3) ALLOTTEE WATER RIGHTS.—The Nation ment plan submitted by the Nation in ac-
(1) any exhibits to the agreement requiring shall not object in the general stream adju- cordance with the American Indian Trust
the signature of the Secretary; and dication or other applicable forum to the Fund Management Reform Act of 1994 (25
(2) any amendments to the agreement nec- quantification of reasonable domestic and U.S.C. 4001 et seq.).
essary to make the agreement consistent stock water uses on an allotment, and shall (A) REQUIREMENTS.—In addition to the re-
with this title. administer any water use on the Reservation quirements under the American Indian Trust
(c) ENVIRONMENTAL COMPLIANCE.— in accordance with applicable Federal law, Fund Management Reform Act of 1994 (25
(1) IN GENERAL.—In implementing the including recognition of— U.S.C. 4001 et seq.), the Tribal management
agreement and this title, the Secretary shall (A) any water use existing on an allotment plan under this paragraph shall require that
comply with all applicable provisions of— as of the date of enactment of this Act and the Nation shall spend all amounts with-
(A) the Endangered Species Act of 1973 (16 as subsequently reflected in the hydro- drawn from the Trust Fund and any invest-
U.S.C. 1531 et seq.); graphic survey report referenced in section ment earnings accrued through the invest-
(B) the National Environmental Policy Act 4007(b); ments under the Tribal management plan in
of 1969 (42 U.S.C. 4321 et seq.); and (B) reasonable domestic and stock water accordance with this title.
(C) all other applicable environmental laws uses on an allotment; and (B) ENFORCEMENT.—The Secretary may
and regulations. (C) any allotment water rights decreed in carry out such judicial and administrative
(2) EXECUTION OF THE AGREEMENT.—Execu- the general stream adjudication or other ap- actions as the Secretary determines to be
tion of the agreement by the Secretary as propriate forum. necessary to enforce the Tribal management
provided for in this title shall not constitute (d) EFFECT.—Except as otherwise expressly plan to ensure that amounts withdrawn by
a major Federal action under the National provided in this section, nothing in this the Nation from the Trust Fund under this
Environmental Policy Act of 1969 (42 U.S.C. title— paragraph are used in accordance with this
4321 et seq.). (1) authorizes any action by the Nation title.
SEC. 4005. NAVAJO WATER RIGHTS. against the United States under Federal, (2) WITHDRAWALS UNDER EXPENDITURE
(a) CONFIRMATION OF NAVAJO WATER State, Tribal, or local law; or PLAN.—The Nation may submit to the Sec-
RIGHTS.— (2) alters or affects the status of any action retary a request to withdraw funds from the
(1) QUANTIFICATION.—The Navajo Nation brought pursuant to section 1491(a) of title Trust Fund pursuant to an approved expendi-
shall have the right to use water from water 28, United States Code. ture plan.
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sources located within Utah and adjacent to SEC. 4006. NAVAJO TRUST ACCOUNTS. (A) REQUIREMENTS.—To be eligible to with-
or encompassed within the boundaries of the (a) ESTABLISHMENT.—The Secretary shall draw funds under an expenditure plan under
Reservation resulting in depletions not to establish a trust fund, to be known as the this paragraph, the Nation shall submit to
exceed 81,500 acre-feet annually as described ‘‘Navajo Utah Settlement Trust Fund’’ (re- the Secretary for approval an expenditure
in the agreement and as confirmed in the de- ferred to in this title as the ‘‘Trust Fund’’), plan for any portion of the Trust Fund that
cree entered by the general stream adjudica- to be managed, invested, and distributed by the Nation elects to withdraw pursuant to
tion court. the Secretary and to remain available until this paragraph, subject to the condition that
(2) SATISFACTION OF ALLOTTEE RIGHTS.—De- expended, consisting of the amounts depos- the funds shall be used for the purposes de-
pletions resulting from the use of water on ited in the Trust Fund under subsection (c), scribed in this title.
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S1504 CONGRESSIONAL RECORD — SENATE March 4, 2020
(B) INCLUSIONS.—An expenditure plan velopment Projects Account of the Trust capacity as allottees), and the United States,
under this paragraph shall include a descrip- Fund established under section 4006(b)(1) in acting as trustee for the Nation and mem-
tion of the manner and purpose for which the installments in each of the 3 years following bers of the Nation (other than members in
amounts proposed to be withdrawn from the the execution of the agreement by the Sec- their capacity as allottees), are authorized
Trust Fund will be used by the Nation, in ac- retary as provided for in subsection (b) of and directed to execute a waiver and release
cordance with subsections (c) and (h). section 4004. of—
(C) APPROVAL.—On receipt of an expendi- (d) FLUCTUATION IN COSTS.—The amount (A) all claims for water rights within Utah
ture plan under this paragraph, the Sec- authorized to be appropriated under sub- based on any and all legal theories that the
retary shall approve the plan, if the Sec- section (a) shall be increased or decreased, as Navajo Nation or the United States acting in
retary determines that the plan— appropriate, by such amounts as may be jus- its trust capacity for the Nation, asserted, or
(i) is reasonable; tified by reason of ordinary fluctuations in could have asserted, at any time in any pro-
(ii) is consistent with, and will be used for, costs occurring after the date of enactment ceeding, including to the general stream ad-
the purposes of this title; and of this Act as indicated by the Bureau of judication, up to and including the enforce-
(iii) contains a schedule which described Reclamation Construction Cost Index—Com- ability date, except to the extent that such
that tasks will be completed within 18 posite Trend. rights are recognized in the agreement and
months of receipt of withdrawn amounts. (1) REPETITION.—The adjustment process this title; and
(D) ENFORCEMENT.—The Secretary may under this subsection shall be repeated for (B) all claims for damages, losses, or inju-
carry out such judicial and administrative each subsequent amount appropriated until ries to water rights or claims of interference
actions as the Secretary determines to be the amount authorized, as adjusted, has been with, diversion, or taking of water rights (in-
necessary to enforce an expenditure plan to appropriated. cluding claims for injury to lands resulting
ensure that amounts disbursed under this (2) PERIOD OF INDEXING.—The period of in- from such damages, losses, injuries, inter-
paragraph are used in accordance with this dexing adjustment for any increment of ference with, diversion, or taking of water
title. funding shall end on the date on which funds rights) within Utah against the State, or any
(g) EFFECT OF TITLE.—Nothing in this title are deposited into the Trust Fund. person, entity, corporation, or municipality,
gives the Nation the right to judicial review SEC. 4008. CONDITIONS PRECEDENT. that accrued at any time up to and including
of a determination of the Secretary regard- (a) IN GENERAL.—The waivers and release the enforceability date.
ing whether to approve a Tribal management (b) CLAIMS BY THE NAVAJO NATION AGAINST
contained in section 4009 shall become effec- THE UNITED STATES.—The Navajo Nation, on
plan or an expenditure plan except under tive as of the date the Secretary causes to be behalf of itself (including in its capacity as
subchapter II of chapter 5, and chapter 7, of published in the Federal Register a state- allottee) and its members (other than mem-
title 5, United States Code (commonly ment of findings that— bers in their capacity as allottees), shall exe-
known as the ‘‘Administrative Procedure (1) to the extent that the agreement con- cute a waiver and release of—
Act’’). flicts with the Act, the agreement has been (1) all claims the Navajo Nation may have
(h) USES.—Amounts from the Trust Fund revised to conform with this title; against the United States relating in any
shall be used by the Nation for the following (2) the agreement, so revised, including manner to claims for water rights in, or
purposes: waivers and releases of claims set forth in water of, Utah that the United States acting
(1) The Navajo Water Development section 4009, has been executed by the par- in its trust capacity for the Nation asserted,
Projects Account shall be used to plan, de- ties, including the United States; or could have asserted, in any proceeding, in-
sign, and construct the Navajo water devel- (3) Congress has fully appropriated, or the cluding the general stream adjudication;
opment projects and for the conduct of re- Secretary has provided from other author- (2) all claims the Navajo Nation may have
lated activities, including to comply with ized sources, all funds authorized under sub- against the United States relating in any
Federal environmental laws. section (a) of section 4007; manner to damages, losses, or injuries to
(2) The Navajo OM&R Account shall be (4) the State has enacted any necessary water, water rights, land, or other resources
used for the operation, maintenance, and re- legislation and provided the funding required due to loss of water or water rights (includ-
placement of the Navajo water development under the agreement and subsection (c) of ing damages, losses, or injuries to hunting,
projects. section 4007; and fishing, gathering, or cultural rights due to
(i) LIABILITY.—The Secretary and the Sec- (5) the court has entered a final or inter- loss of water or water rights; claims relating
retary of the Treasury shall not be liable for locutory decree that— to interference with, diversion, or taking of
the expenditure or investment of any (A) confirms the Navajo water rights con- water; or claims relating to failure to pro-
amounts withdrawn from the Trust Fund by sistent with the agreement and this title; tect, acquire, replace, or develop water or
the Nation under subsection (f). and water rights) within Utah that first accrued
(j) NO PER CAPITA DISTRIBUTIONS.—No por- (B) with respect to the Navajo water at any time up to and including the enforce-
tion of the Trust Fund shall be distributed rights, is final and nonappealable. ability date;
on a per capita basis to any member of the (b) EXPIRATION DATE.—If all the conditions (3) all claims the Nation may have against
Nation. precedent described in subsection (a) have the United States relating in any manner to
(k) EXPENDITURE REPORTS.—The Navajo not been fulfilled to allow the Secretary’s the litigation of claims relating to the Na-
Nation shall submit to the Secretary annu- statement of findings to be published in the tion’s water rights in proceedings in Utah;
ally an expenditure report describing accom- Federal Register by October 31, 2030— and
plishments and amounts spent from use of (1) the agreement and this title, including (4) all claims the Nation may have against
withdrawals under a Tribal management waivers and releases of claims described in the United States relating in any manner to
plan or an expenditure plan as described in those documents, shall no longer be effec- the negotiation, execution, or adoption of
this title. tive; the agreement or this title.
SEC. 4007. AUTHORIZATION OF APPROPRIATIONS. (2) any funds that have been appropriated (c) RESERVATION OF RIGHTS AND RETENTION
(a) AUTHORIZATION.—There are authorized pursuant to section 4007 but not expended, OF CLAIMS BY THE NAVAJO NATION AND THE
to be appropriated to the Secretary— including any investment earnings on funds UNITED STATES.—Notwithstanding the waiv-
(1) for deposit in the Navajo Water Devel- that have been appropriated pursuant to ers and releases authorized in this title, the
opment Projects Account of the Trust Fund such section, shall immediately revert to the Navajo Nation, and the United States acting
established under section 4006(b)(1), general fund of the Treasury; and in its trust capacity for the Nation, retain—
$198,300,000, which funds shall be retained (3) any funds contributed by the State pur- (1) all claims for injuries to and the en-
until expended, withdrawn, or reverted to suant to subsection (c) of section 4007 but forcement of the agreement and the final or
the general fund of the Treasury; and not expended shall be returned immediately interlocutory decree entered in the general
(2) for deposit in the Navajo OM&R Ac- to the State. stream adjudication, through such legal and
count of the Trust Fund established under (c) EXTENSION.—The expiration date set equitable remedies as may be available in
section 4006(b)(2), $11,100,000, which funds forth in subsection (b) may be extended if the decree court or the Federal District
shall be retained until expended, withdrawn, the Navajo Nation, the State, and the United Court for the District of Utah;
or reverted to the general fund of the Treas- States (acting through the Secretary) agree (2) all rights to use and protect water
ury. that an extension is reasonably necessary. rights acquired after the enforceability date;
(b) IMPLEMENTATION COSTS.—There is au- SEC. 4009. WAIVERS AND RELEASES. (3) all claims relating to activities affect-
thorized to be appropriated non-trust funds (a) IN GENERAL.— ing the quality of water, including any
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in the amount of $1,000,000 to assist the (1) WAIVER AND RELEASE OF CLAIMS BY THE claims under the Comprehensive Environ-
United States with costs associated with the NATION AND THE UNITED STATES ACTING IN ITS mental Response, Compensation, and Liabil-
implementation of the title, including the CAPACITY AS TRUSTEE FOR THE NATION.—Sub- ity Act of 1980 (42 U.S.C. 9601 et seq. (includ-
preparation of a hydrographic survey of his- ject to the retention of rights set forth in ing claims for damages to natural re-
toric and existing water uses on the Reserva- subsection (c), in return for confirmation of sources)), the Safe Drinking Water Act (42
tion and on allotments. the Navajo water rights and other benefits U.S.C. 300f et seq.), and the Federal Water
(c) STATE COST SHARE.—The State shall set forth in the agreement and this title, the Pollution Control Act (33 U.S.C. 1251 et seq.),
contribute $8,000,000 payable to the Sec- Nation, on behalf of itself and the members the regulations implementing those Acts,
retary for deposit into the Navajo Water De- of the Nation (other than members in their and the common law;
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1505
(4) all claims for water rights, and claims SEC. 4011. RELATION TO ALLOTTEES. amendment SA 1407 proposed by Ms.
for injury to water rights, in states other (a) NO EFFECT ON CLAIMS OF ALLOTTEES.— MURKOWSKI to the bill S. 2657, to sup-
than the State of Utah; Nothing in this title or the agreement shall port innovation in advanced geo-
(5) all claims, including environmental affect the rights or claims of allottees, or the
claims, under any laws (including regula- United States, acting in its capacity as
thermal research and development, and
tions and common law) relating to human trustee for or on behalf of allottees, for for other purposes; which was ordered
health, safety, or the environment; and water rights or damages related to lands al- to lie on the table; as follows:
(6) all rights, remedies, privileges, immuni- lotted by the United States to allottees, ex- At the appropriate place in subtitle B of
ties, and powers not specifically waived and cept as provided in section 4005(a)(2). title I, insert the following:
released pursuant to the agreement and this (b) RELATIONSHIP OF DECREE TO SEC. 12ll. BIOMASS DEMONSTRATION PROJECT
title. ALLOTTEES.—Allottees, or the United States, MODIFICATIONS.
(d) EFFECT.—Nothing in the agreement or acting in its capacity as trustee for (a) TRIBAL BIOMASS DEMONSTRATION
this title— allottees, are not bound by any decree en- PROJECT.—Section 3 of the Tribal Forest
(1) affects the ability of the United States tered in the general stream adjudication Protection Act of 2004 (25 U.S.C. 3115b note;
acting in its sovereign capacity to take ac- confirming the Navajo water rights and shall Public Law 108–278) is amended—
tions authorized by law, including any laws not be precluded from making claims to (1) in subsection (a), by striking ‘‘fiscal
relating to health, safety, or the environ- water rights in the general stream adjudica- years 2017 through 2021’’ and inserting ‘‘fiscal
ment, including the Comprehensive Environ- tion. Allottees, or the United States, acting years 2019 through 2023’’; and
mental Response, Compensation, and Liabil- in its capacity as trustee for allottees, may (2) in subsection (f), in the matter pre-
ity Act of 1980 (42 U.S.C. 9601 et seq.), the make claims and such claims may be adju- ceding paragraph (1), by striking ‘‘2019’’ and
Safe Drinking Water Act (42 U.S.C. 300f et dicated as individual water rights in the gen- inserting ‘‘2021’’.
seq.), the Federal Water Pollution Control eral stream adjudication. (b) ALASKA NATIVE BIOMASS DEMONSTRA-
Act (33 U.S.C. 1251 et seq.), the Solid Waste SEC. 4012. ANTIDEFICIENCY. TION PROJECT.—Section 202(c) of the Indian
Disposal Act (42 U.S.C. 6901 et seq.), and the The United States shall not be liable for Tribal Energy Development and Self-Deter-
regulations implementing those laws; any failure to carry out any obligation or ac- mination Act Amendments of 2017 (25 U.S.C.
(2) affects the ability of the United States tivity authorized by this title (including any 3115b note; Public Law 115–325) is amended—
to take actions in its capacity as trustee for obligation or activity under the agreement) (1) in paragraph (2), by striking ‘‘fiscal
any other Indian Tribe or allottee; if adequate appropriations are not provided years 2017 through 2021’’ and inserting ‘‘fiscal
(3) confers jurisdiction on any State court expressly by Congress to carry out the pur- years 2019 through 2023’’; and
to— poses of this title. (2) in paragraph (7), in the matter pre-
(A) interpret Federal law regarding health,
ceding subparagraph (A), by striking ‘‘2019’’
safety, or the environment or determine the SA 1512. Mr. HOEVEN submitted an and inserting ‘‘2021’’.
duties of the United States or other parties amendment intended to be proposed to
pursuant to such Federal law; and f
(B) conduct judicial review of Federal
amendment SA 1407 proposed by Ms.
MURKOWSKI to the bill S. 2657, to sup- AUTHORITY FOR COMMITTEES TO
agency action; or
(4) modifies, conflicts with, preempts, or port innovation in advanced geo- MEET
otherwise affects— thermal research and development, and Mr. COTTON. Mr. President, I have
(A) the Boulder Canyon Project Act (43 for other purposes; which was ordered 14 requests for committees to meet
U.S.C. 617 et seq.); to lie on the table; as follows: during today’s session of the Senate.
(B) the Boulder Canyon Project Adjust- At the end of title II, add the following: They have the approval of the Majority
ment Act (43 U.S.C. 618 et seq.);
(C) the Act of April 11, 1956 (commonly Subtitle D—Miscellaneous and Minority leaders.
known as the ‘‘Colorado River Storage SEC. 24lll. DEPARTMENT OF THE INTERIOR Pursuant to rule XXVI, paragraph
Project Act’’) (43 U.S.C. 620 et seq.); PILOT PROGRAM. 5(a), of the Standing Rules of the Sen-
(D) the Colorado River Basin Project Act (a) ESTABLISHMENT.—The Secretary of the ate, the following committees are au-
(43 U.S.C. 1501 et seq.); Interior, acting through the Director of the thorized to meet during today’s session
(E) the Treaty between the United States Bureau of Land Management (referred to in
of the Senate:
of America and Mexico respecting utilization this section as the ‘‘Director’’), shall estab-
lish a pilot program in 1 State with at least COMMITTEE ON ARMED SERVICES
of waters of the Colorado and Tijuana Rivers
and of the Rio Grande, signed at Washington 2,000 oil and gas drilling spacing units (as de- The Committee on Armed Services is
February 3, 1944 (59 Stat. 1219); fined under State law), in which— authorized to meet during the session
(F) the Colorado River Compact of 1922, as (1) 25 percent or less of the minerals are of the Senate on Wednesday, March 4,
approved by the Presidential Proclamation owned or held in trust by the Federal Gov- 2020, at 10 a.m., to conduct a hearing.
of June 25, 1929 (46 Stat. 3000); and ernment; and
COMMITTEE ON ARMED SERVICES
(G) the Upper Colorado River Basin Com- (2) there is no surface land owned or held
pact as consented to by the Act of April 6, in trust by the Federal Government. The Committee on Armed Services is
1949 (63 Stat. 31, chapter 48). (b) ACTIVITIES.—In carrying out the pilot authorized to meet during the session
(e) TOLLING OF CLAIMS.— program, the Director shall identify and im- of the Senate on Wednesday, March 4,
(1) IN GENERAL.—Each applicable period of plement ways to streamline the review and 2020, at 2:30 p.m., to conduct a hearing.
limitation and time-based equitable defense approval of Applications for Permits to Drill
COMMITTEE ON COMMERCE, SCIENCE, AND
relating to a claim waived by the Navajo Na- for oil and gas drilling spacing units of the
TRANSPORTATION
tion described in this section shall be tolled State in order to achieve a processing time
for the period beginning on the date of enact- for those oil and gas drilling spacing units The Committee on Commerce,
ment of this Act and ending on the enforce- similar to that of spacing units that require Science, and Transportation is author-
ability date. an Application for Permit to Drill and are ized to meet during the session of the
(2) EFFECT OF SUBSECTION.—Nothing in this not part of the pilot program in the same Senate on Wednesday, March 4, 2020, at
subsection revives any claim or tolls any pe- State. 10 a.m., to conduct a hearing.
riod of limitation or time-based equitable de- (c) FUNDING.—Beginning in fiscal year 2021,
COMMITTEE ON ENVIRONMENT AND PUBLIC
fense that expired before the date of enact- and for a period of 3 years thereafter, to
WORKS
ment of this Act. carry out the pilot program efficiently, the
(3) LIMITATION.—Nothing in this section Director may fund up to 10 full-time equiva- The Committee on Environment and
precludes the tolling of any period of limita- lents at appropriate field offices. Public Works is authorized to meet
tions or any time-based equitable defense (d) REPORT.—Not later than 4 years after during the session of the Senate on
under any other applicable law. the date of enactment of this Act, the Direc- Wednesday, March 4, 2020, at 10 a.m., to
SEC. 4010. MISCELLANEOUS PROVISIONS. tor shall submit to Congress a report on the conduct a hearing.
(a) PRECEDENT.—Nothing in this title es- results of the pilot program.
(e) WAIVER.—The Secretary of the Interior COMMITTEE ON HOMELAND SECURITY AND
tablishes any standard for the quantification GOVERNMENTAL AFFAIRS
or litigation of Federal reserved water rights may waive the requirement for an Applica-
The Committee on Homeland Secu-
SSpencer on DSKBBXCHB2PROD with SENATE
or any other Indian water claims of any tion for Permit to Drill if the Director deter-
other Indian Tribe in any other judicial or mines that the mineral interest of the rity and Governmental Affairs is au-
administrative proceeding. United States in the spacing units in land thorized to meet during the session of
(b) OTHER INDIAN TRIBES.—Nothing in the covered by this section is adequately pro- the Senate on Wednesday, March 4,
agreement or this title shall be construed in tected, if otherwise in accordance with appli-
2020, at 2:30 p.m., to conduct a hearing.
any way to quantify or otherwise adversely cable laws, regulations, and lease terms.
COMMITTEE ON INDIAN AFFAIRS
affect the water rights, claims, or entitle-
ments to water of any Indian Tribe, band, or SA 1513. Mr. HOEVEN submitted an The Committee on Indian Affairs is
community, other than the Navajo Nation. amendment intended to be proposed to authorized to meet during the session
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S1506 CONGRESSIONAL RECORD — SENATE March 4, 2020
of the Senate on Wednesday, March 4, systems and infrastructure in the United full range of threats to, and unique security
2020, at 2:30 p.m., to conduct a hearing. States and to assist allies and strategic part- challenges posed by, 5th and future generations
ners in maximizing the security of next gen- wireless communications systems and infrastruc-
COMMITTEE ON THE JUDICIARY
eration mobile telecommunications systems, ture, as well as steps that public and private
The Committee on the Judiciary is infrastructure, and software, and for other sector entities can take to mitigate those threats.
authorized to meet during the session purposes. (3) An identification and assessment of the
of the Senate on Wednesday, March 4, The PRESIDING OFFICER. Is there global competitiveness and vulnerabilities of
2020, at 10 a.m., to conduct a hearing on objection to proceeding to the meas- United States manufacturers and suppliers of
the following nominations: John Peter 5th and future generations wireless communica-
ure? tions equipment.
Cronan, to be United States District There being no objection, the Senate (4) A list of available domestic suppliers of 5th
Judge for the Southern District of New proceeded to consider the bill, which and future generations wireless communications
York, Thomas T. Cullen, to be United had been reported from the Committee equipment and other suppliers in countries that
States District Judge for the Western on Commerce, Science, and Transpor- are mutual defense allies or strategic partners of
District of Virginia, and Jennifer P. tation, with an amendment to strike the United States and a strategy to assess their
Togliatti, to be United States District all after the enacting clause and insert ability to produce and supply 5th generation
Judge for the District of Nevada. in lieu thereof the following: and future generations wireless communications
COMMITTEE ON VETERANS’ AFFAIRS systems and infrastructure.
SECTION 1. SHORT TITLE. (5) Identification of trusted supplier entities
The Committee on Veterans’ Affairs This Act may be cited as the ‘‘Secure 5G and from both inside and outside the United States
is authorized to meet during the ses- Beyond Act of 2019’’. that are capable of producing and supplying to
sion of the Senate on Wednesday, SEC. 2. STRATEGY TO ENSURE SECURITY OF private industry infrastructure and systems
March 4, 2020, at 10 a.m., to conduct a NEXT GENERATION WIRELESS COM- equipment supporting 5th and future genera-
MUNICATIONS SYSTEMS AND INFRA-
hearing. STRUCTURE.
tions wireless communications systems and in-
SELECT COMMITTEE ON INTELLIGENCE frastructure.
(a) APPROPRIATE COMMITTEES OF CONGRESS
(6) Identification of where security gaps exist
The Select Committee on Intel- DEFINED.—In this section, the term ‘‘appro-
in the United States domestic or mutual defense
ligence is authorized to meet during priate committees of Congress’’ means—
treaty allies and strategic partners communica-
the session of the Senate on Wednes- (1) the Select Committee on Intelligence, the
tions equipment supply chain for 5th and future
day, March 4, 2020, at 2 p.m., to conduct Committee on Commerce, Science, and Transpor-
generations wireless communications systems
tation, the Committee on Foreign Relations, the
a closed roundtable. Committee on Armed Services, and the Com-
and infrastructure.
SUBCOMMITTEE ON SEAPOWER (7) Identification of incentives and policy op-
mittee on Homeland Security and Governmental
tions to help close or narrow any security gaps
The Subcommittee on Seapower of Affairs of the Senate; and
(2) the Permanent Select Committee on Intel- identified under paragraph (6) in, and ensure
the Committee on Armed Services is the economic viability of, the United States do-
authorized to meet during the session ligence, the Committee on Energy and Com-
merce, the Committee on Foreign Affairs, the mestic industrial base, including research and
of the Senate on Wednesday, March 4, development in critical technologies and work-
Committee on Armed Services, and the Com-
2020, at 10 a.m., to conduct a hearing. mittee on Homeland Security of the House of force development in 5th and future generations
SUBCOMMITTEE ON AVIATION AND SPACE Representatives. wireless communications systems and infrastruc-
(b) STRATEGY REQUIRED.—Not later than 180 ture.
The Subcommittee on Aviation and
days after the date of the enactment of this Act, (8) Identification of incentives and policy op-
Space of the Committee on Commerce, tions for leveraging the communications equip-
Science, and Transportation is author- the President, in consultation with the Chair-
man of the Federal Communications Commis- ment suppliers from mutual defense treaty al-
ized to meet during the session of the lies, strategic partners, and other countries to
sion, the Assistant Secretary of Commerce for
Senate on Wednesday, March 4, 2020, at Communications and Information, the Secretary ensure that private industry in the United
2:30 p.m., to conduct a hearing. of Homeland Security, the Director of National States has adequate sources for secure, effective,
SUBCOMMITTEE ON NATIONAL PARKS Intelligence, the Attorney General, and the Sec- and reliable 5th and future generations wireless
retary of Defense, shall develop and submit to communications systems and infrastructure
The Subcommittee on National equipment.
Parks of the Committee on Energy and the appropriate committees of Congress a strat-
egy— (9) A strategy for diplomatic engagement with
Natural Resources is authorized to (1) to ensure the security of 5th and future mutual defense treaty allies, strategic partners,
meet during the session of the Senate generations wireless communications systems and other countries to share security risk infor-
on Wednesday, March 4, 2020, at 2 p.m., and infrastructure within the United States; mation and findings pertaining to 5th and fu-
to conduct a hearing. (2) to provide technical assistance to mutual ture generations wireless communications sys-
defense treaty allies of the United States, stra- tems and infrastructure equipment and coopera-
SUBCOMMITTEE ON WATER AND POWER
tegic partners of the United States, and other tion on mitigating those risks.
The Subcommittee on Water and (10) A strategy for engagement with private
countries, when in the security interests of the
Power of the Committee on Energy and United States, to maximize the security of 5th sector communications infrastructure and sys-
Natural Resources is authorized to and future generations wireless communications tems equipment developers to share information
meet during the session of the Senate systems and infrastructure inside their coun- and findings on 5th and future generations
on Wednesday, March 4, 2020, at 10:30 tries; and wireless communications systems and infrastruc-
p.m., to conduct a hearing. (3) to protect the competitiveness of United ture equipment standards to secure platforms.
States companies, privacy of United States con- (11) A strategy for engagement with private
SUBCOMMITTEE ON CRIME AND TERRORISM
sumers, and integrity and impartiality of stand- sector communications infrastructure and sys-
The Subcommittee on Crime and ards-setting bodies related to 5th and future tems equipment developers to encourage the
Terrorism of the Committee on the Ju- generations wireless communications systems maximum participation possible on standards-
diciary is authorized to meet during and infrastructure. setting bodies related to such systems and infra-
the session of the Senate on Wednes- (c) DESIGNATION.—The strategy developed structure equipment standards by public and
day, March 4, 2020, at 2 p.m., to conduct under subsection (b) shall be known as the ‘‘Se- private sector entities from the United States.
a hearing. cure Next Generation Wireless Communications (12) A strategy for diplomatic engagement
Strategy’’ (referred to in this section as the with mutual defense treaty allies, strategic part-
f ‘‘Strategy’’). ners, and other countries to share information
SECURE 5G AND BEYOND ACT OF (d) ELEMENTS.—The Strategy shall represent a and findings on 5th and future generations
2019 whole-of-government approach and shall in- wireless communications systems and infrastruc-
clude the following: ture equipment standards to promote maximum
Mr. MCCONNELL. Mr. President, I (1) A description of United States national interoperability, competitiveness, openness, and
ask unanimous consent that the Sen- and economic security interests pertaining to secure platforms.
ate proceed to the immediate consider- the deployment of 5th and future generations (13) A strategy for diplomatic engagement
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ation of Calendar No. 395, S. 893. wireless communications systems and infrastruc- with mutual defense treaty allies, strategic part-
The PRESIDING OFFICER. The ture. ners, and other countries to share information
(2) An identification and assessment of poten- and findings on 5th and future generations
clerk will report the bill by title.
tial security threats and vulnerabilities to the wireless communications infrastructure and sys-
The senior assistant legislative clerk infrastructure, equipment, systems, software, tems equipment concerning the standards-set-
read as follows: and virtually defined networks that support 5th ting bodies related to such systems and infra-
A bill (S. 893) to require the President to and future generations wireless communications structure equipment to promote maximum trans-
develop a strategy to ensure the security of systems and infrastructure. The assessment parency, openness, impartiality, integrity, and
next generation mobile telecommunications shall include a comprehensive evaluation of the neutrality.
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March 4, 2020 CONGRESSIONAL RECORD — SENATE S1507
(14) A strategy for joint testing environments that the bill, as amended, be considered amble be agreed to, and the motions to
with mutual defense treaty allies, strategic part- read a third time and passed; and that reconsider be considered made and laid
ners, and other countries to ensure a trusted the motion to reconsider be considered upon the table with no intervening ac-
marketplace for 5th and future generations
made and laid upon the table. tion or debate.
wireless communications systems and infrastruc-
ture equipment. The PRESIDING OFFICER. Without The resolution (S. Res. 530) was
(15) A strategy for research and development objection, it is so ordered. agreed to.
by the Federal Government, in close partnership The committee-reported amendment The preamble was agreed to.
with trusted supplier entities, mutual defense in the nature of a substitute was with- (The resolution, with its preamble, is
treaty allies, strategic partners, and other coun- drawn. printed in today’s RECORD under ‘‘Sub-
tries to reach and maintain United States lead- mitted Resolutions.’’)
The amendment (No. 1510) was agreed
ership in 5th and future generations wireless
communications systems and infrastructure se- to. f
curity, including the development of an ongoing (Purpose: In the nature of a sub-
ORDERS FOR WEDNESDAY, MARCH
monitoring capability of 5th and future genera- stitute.)
5, 2020
tions wireless communications systems to iden- (The amendment is printed in today’s
tify security vulnerabilities. RECORD under ‘‘Text of Amendments.’’) Mr. MCCONNELL. Mr. President, I
(16) Options for identifying and helping to
The bill (S. 893), as amended, was or- ask unanimous consent that when the
mitigate the security risks of 5th and future gen- Senate completes its business today, it
erations wireless communications systems and dered to be engrossed for a third read-
ing, was read the third time, and adjourn until 10 a.m. Thursday, March
infrastructure that have security flaws or 5; further, that following the prayer
vulnerabilities, or are utilizing equipment passed.
and pledge, the morning hour be
sourced from countries of concern, and that
f deemed expired, the Journal of pro-
have already been put in place within the sys-
tems and infrastructure of mutual defense trea- ceedings be approved to date, the time
RARE DISEASE DAY for the two leaders be reserved for their
ty allies, strategic partners, and other countries,
when in the security interests of the United Mr. MCCONNELL. Mr. President, I use later in the day, and morning busi-
States. ask unanimous consent that the Sen- ness be closed; finally, that following
(17) Development of a plan that includes a de- ate proceed to the consideration of S. leader remarks, the Senate resume
scription of the roles and responsibilities of the Res. 529, submitted earlier today. consideration of S. 2657.
appropriate executive branch agencies and The PRESIDING OFFICER. Is there
interagency mechanisms for the Assistant Sec- The PRESIDING OFFICER. The
clerk will report the resolution by objection?
retary of Commerce for Communications and In-
formation to act as the executive agent to co- title. Without objection, it is so ordered.
ordinate implementation of the Strategy, as pro- The senior assistant legislative clerk f
vided in subsection (g). read as follows:
(18) An identification of the key diplomatic, ORDER OF BUSINESS
A resolution (S. Res. 529) designating Feb-
development, intelligence, military, and eco- Mr. MCCONNELL. Mr. President, I
ruary 29, 2020, as ‘‘Rare Disease Day’’.
nomic resources necessary to implement the ask unanimous consent that at 11:15
Strategy, including specific budgetary requests. There being no objection, the Senate
a.m. tomorrow, the Senate proceed to
(19) A description of such legislative or admin- proceeded to consider the resolution.
istrative action as may be necessary to carry out
the immediate consideration of H.R.
Mr. MCCONNELL. I know of no fur- 6074 and the only amendment in order
the Strategy. ther debate on the measure.
(e) LIMITATIONS.— be the Paul amendment No. 1506; fur-
The PRESIDING OFFICER. If there ther, that 20 minutes of debate prior to
(1) IN GENERAL.—The Strategy shall not in-
clude a recommendation or a proposal to nation-
is no further debate, the question is on noon be under the control of Senator
alize 5th or future generations wireless commu- agreeing to the resolution. PAUL or his designee; further, that the
nications systems or infrastructure. The resolution (S. Res. 529) was Senate vote in relation to the Paul
(2) FEDERAL AGENCY AUTHORITY.—Nothing in agreed to. amendment at noon tomorrow and,
this section shall be construed to limit the au- Mr. MCCONNELL. I ask unanimous upon disposition of the Paul amend-
thority or ability of a Federal agency to— consent that the preamble be agreed to ment, the time until 1:45 p.m. tomor-
(A) conduct cybersecurity incident, threat, or and that the motions to reconsider be row be equally divided between the two
asset response and recovery activities;
considered made and laid upon table leaders or their designees; that the bill,
(B) obtain or execute warrants or other inves-
tigative or intelligence tools; or
with no intervening action or debate. as amended, if amended, be read a third
(C) provide assistance to a private entity upon The PRESIDING OFFICER. Without time, and the Senate vote on passage of
request of the entity. objection, it is so ordered. the bill, as amended, if amended, with
(f) BRIEFING.— The preamble was agreed to. a 60-affirmative vote threshold re-
(1) IN GENERAL.—Not later than 14 days after (The resolution, with its preamble, is quired for passage; finally, that the
the date on which the Strategy is completed, the printed in today’s RECORD under ‘‘Sub- last 10 minutes of debate be under the
Assistant Secretary of Commerce for Commu- mitted Resolutions.’’) control of Senators LEAHY and SHELBY.
nications and Information, and any other Fed-
eral officials designated by the President, shall f f
provide to the appropriate committees of Con-
ADJOURNMENT UNTIL 10 A.M.
gress a briefing on the implementation of the NATIONAL ASSISTIVE
Strategy. TOMORROW
TECHNOLOGY AWARENESS DAY
(2) UNCLASSIFIED SETTING.—The briefing Mr. MCCONNELL. Mr. President, if
under paragraph (1) shall be held in an unclas- Mr. MCCONNELL. Mr. President, I there is no further business to come be-
sified setting to the maximum extent possible. ask unanimous consent that the Sen- fore the Senate, I ask unanimous con-
(g) IMPLEMENTATION.—The Assistant Sec- ate proceed to the immediate consider- sent that it stand adjourned under the
retary of Commerce for Communications and In- ation of S. Res. 530, which was sub- previous order.
formation shall— mitted earlier today. There being no objection, the Senate,
(1) act as the executive agent to coordinate The PRESIDING OFFICER. The
implementation of the Strategy; and at 7 p.m., adjourned until Thursday,
clerk will report the resolution by March 5, 2020, at 10 a.m.
(2) keep congressional committees apprised of title.
progress on implementation. f
(h) FORM.—The Strategy shall be submitted to
The senior assistant legislative clerk
read as follows: CONFIRMATIONS
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the appropriate committees of Congress in un-
classified form, but may include a classified A resolution (S. Res. 530) designating Executive nominations confirmed by
annex. March 4, 2020, as ‘‘National Assistive Tech-
the Senate March 4, 2020:
nology Awareness Day’’.
Mr. MCCONNELL. Mr. President, I IN THE AIR FORCE
ask unanimous consent that the com- There being no objection, the Senate THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
mittee-reported amendment be with- proceeded to consider the resolution. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-
CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE
drawn; that the Cornyn substitute Mr. MCCONNELL. I further ask that AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION
amendment at the desk be agreed to; the resolution be agreed to, the pre- 601:
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S1508 CONGRESSIONAL RECORD — SENATE March 4, 2020
To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general
IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-
LT. GEN. THOMAS A. BUSSIERE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LT. GEN. JACQUELINE D. VAN OVOST
AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION
601:
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March 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E255
EXTENSIONS OF REMARKS
HONORING 50 YEARS OF BATES Bloomfield Hills, Michigan, Lorie Kessler of CELEBRATING THE CENTENNIAL
HOUSE OF TURKEY IN GREEN- West Bloomfield, Michigan, and Sally Hirst OF THE AMERICAN LEGION POST
VILLE, ALABAMA and Doug Miller of Rochester, New York. Con- 181 IN BREA, CALIFORNIA
gratulations to the entire family as they wel-
HON. MARTHA ROBY come their newest addition of pure pride and HON. GILBERT RAY CISNEROS, JR.
OF ALABAMA
joy. OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES
f
Wednesday, March 4, 2020 Wednesday, March 4, 2020
Mrs. ROBY. Madam Speaker, I rise today to PERSONAL EXPLANATION Mr. CISNEROS. Madam Speaker, I rise
honor and celebrate the 50th Anniversary of today to celebrate the centennial of one of the
Bates House of Turkey in the City of Green- HON. JIM COSTA finest institutions in the 39th Congressional
ville, Alabama. OF CALIFORNIA
District. On Monday night, January 5, 1920, a
On March 1, 1970, the late W.C. ‘‘Bill’’ cold wind blew out of the San Gabriel Moun-
IN THE HOUSE OF REPRESENTATIVES
Bates, Jr. and wife, Teresa Carlton Bates, tains, through the Brea-Olinda Oil Field, the
opened the doors of legendary Bates House Wednesday, March 4, 2020 goat and sheep pastures, and into orange
of Turkey in Greenville, Alabama for the first Mr. COSTA. Madam Speaker, regrettably, I groves that surrounded the tiny hamlet of
time. As the second generation of Bates Tur- was unable to attend the vote series for March Brea. With little more than a thousand resi-
key Farm, they became a driving force behind 3, 2020. Had I been present, I would have dents, Brea could hardly host a U.S. Post Of-
not only the farm’s success, but also in the voted Yea on Roll Call No. 81, H. Res. 387, fice, but it held a small group of proud, deter-
success of the iconic restaurant. Condemning continued violence against civil- mined men. They were American veterans of
Following the completion of Interstate 65, ians by armed groups in the Central African the Great War, and only 10 months after the
the entrepreneurial visionaries, Bill and Teresa Republic and supporting efforts to achieve a founding of the national parent organization,
Bates, decided to buy property and build the lasting political solution to the conflict, and with the ink still wet on national charter, they
restaurant in Greenville, making the conscious Yea on Roll Call No. 82, H.R. 4508, Malala founded American Legion Post 181 in Brea,
decision to serve only turkey dishes made Yousafzai Scholarship Act. California.
from free-range birds grown on their farm. In The founders of Brea Post 181 were men
addition to Bates House of Turkey being one like Ted Craig who returned home to Brea in
f
of the most unique restaurants in Alabama, it 1919 and helped secure the charter and prop-
has also become one of the most popular RECOGNIZING JAY VOGT erty for the new Post only a few months after
spots for commuters to stop and grab a bite returning from ‘‘Over There.’’ Many had seen
to eat while traveling through Butler County things, carried traumas off the battlefield and
HON. DUSTY JOHNSON certainly bore emotional and physical scars of
along I–65.
OF SOUTH DAKOTA the first fully industrialized conflict. But their
Now, over 50 years later, Bates House of
Turkey is still a family-owned restaurant where IN THE HOUSE OF REPRESENTATIVES commitment to the Legion gave them a new
locals and non-locals alike gather for dishes Wednesday, March 4, 2020 mission, a common purpose and a way to
such as their famous hickory smoked turkey channel the evils of war into a peace and
Mr. JOHNSON of South Dakota. Madam prosperity that was good. The first line of the
sandwich or their old-fashioned roast turkey
Speaker, I rise today to recognize and honor Legion’s mission statement pledges every
dinner. The Bates children, grandchildren, and
Jay Vogt for his appointment to the Advisory member to re-dedicate themselves to ‘‘uphold
great grandchildren have been successful in
Council on Historic Preservation (ACHP). and defend the Constitution of the United
continuing the family legacy and keeping the
restaurant alive and thriving. A South Dakota native, Mr. Vogt has been States.’’ But it requires more. Built into the
As the staff and loyal patrons gather to cele- a passionate servant for the preservation his- very fiber of the Legion’s national mission is a
brate this wonderful achievement, I ask all my torical places across the state of South Dakota commitment to programs that build better
colleagues to join me in honoring the Bates and the entire nation. communities and a better country in five
family for their profoundly positive contribu- Mr. Vogt served as Director of the South areas: From honoring America’s war dead and
tions to the Greenville community and sur- Dakota State Historical Society and State His- supporting the rehabilitation of our nations
rounding area. toric Preservation Officer. In the past, he wounded warriors, to supporting a strong na-
served as the president of the National Con- tional defense, the patriotic education of
f
ference of State Historic Preservation Officers younger generations and, most broadly, to
WELCOME KATHERINE MILLER (NCSHPO) and represented NCSHPO on the build support for American ideals and values.
KESSLER ACHP for several years. After a decade of And Brea Post 181 has been an exemplary
service, Mr. Vogt was appointed Deputy Direc- participant in all five areas from its beginning
HON. HALEY M. STEVENS tor of the South Dakota State Historical Soci- with a city-wide Armistice Day Celebration on
OF MICHIGAN
ety in 1999, where he spearheaded the pres- November 11, 1920, just ten months and five
ervation of historic Deadwood. days after the Post’s founding. Carnivals,
IN THE HOUSE OF REPRESENTATIVES
Mr. Vogt has directed the State Historical dances, bingo nights and parades have been
Wednesday, March 4, 2020 Society since 2003 and oversees the manage- an important part of the Post’s connection to
Ms. STEVENS. Madam Speaker, I am ment of the five programs—archaeology, ar- the community. But the Post’s work has also
happy to congratulate Hannah and Adam chives, museum, historic preservation, re- included scholarship funding, the Boy’s Nation
Kessler of Birmingham, Michigan, on the birth search and publishing—and the administrative Program, voter registration, and a long-stand-
of their new baby girl, Katherine Miller Kessler. and development units. ing collaboration with the city’s patriotic cele-
Katherine Miller Kessler was born on Decem- I commend Mr. Vogt for his outstanding brations, especially the annual 4th of July
ber 19, 2019, at Henry Ford Hospital in West record of service, dedication, and hard work. I Country Fair. And our Brea Legion Post has
Bloomfield, Michigan. Katherine weighed nine extend my deepest congratulations to Jay always been there in times of crisis. In 1933,
pounds and .05 ounces and measured 19 Vogt for his contributions to South Dakota and Brea Legionnaires reacted heroically to the
dlhill on DSKBBY8HB2PROD with REMARKS
inches long. our nation’s historical places. I look forward to major earthquake that so heavily impacted
I would also like to congratulate Katherine’s working with Mr. Vogt’s as he advises both the Long Beach. The Post hosted displaced fami-
big sister, Emerson Roslyn Kessler, and her president and Congress on historical preserva- lies, took care of the injured victims, and even
grandparents, John and Andrea Kessler of tion efforts across our nation. stepped in to direct and coordinate recovery
∑ 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.
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E256 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2020
resources. World War II may have been 181’s IN RECOGNITION OF ANAN AMERI temperament that would distinguish her serv-
finest hour. With the founding generation AS SHE IS NAMED THE 2020 ice on the bench. She is married to Norman
being too old for direct military service, men ARAB AMERICAN OF THE YEAR Campbell and together they raised their two
like Eugene Streed—a proud Marine who had daughters, Kalinda and Kamaria.
fought Bolshevism in Vladvostock in 1918– HON. DEBBIE DINGELL Growing up in the segregated south, Judge
1919—led war drives, supervised civil defense OF MICHIGAN Crenshaw attended segregated schools during
activities and put on remembrances and me- IN THE HOUSE OF REPRESENTATIVES
her formative years. She excelled in language
morials. In Streed’s case, this included arts and became inspired by the impact of the
handcrafting more than 1000 white crosses to Wednesday, March 4, 2020 rule of law, an appreciation she acquired
identify veterans’ graves. He was also the co- Mrs. DINGELL. Madam Speaker, I rise spending time with her grandfather as he at-
founder of Brea’s Memory Garden, where today to honor Dr. Anan Ameri as she is tended his affairs in her small town’s court-
American flags with the names of Brea’s lost named the 2020 Arab American of the Year house. She earned her bachelor’s degree with
soldiers, sailors, airmen, and Marines are dis- by ACCESS. Dr. Ameri’s lifetime of community honors in 1973 from Tuskegee Institute, where
played on Memorial Day. service and activism is worthy of commenda- she pledged as a Delta Sigma Theta and also
Brea is not such a small town as it was in tion, and we are proud to recognize her became active in voter rights. She then
Eugene Streed’s day. One hundred years achievements today. achieved her childhood dream by earning her
later, its population, at well over forty thou- Anan Ameri is a pillar of Washtenaw Coun- law degree from the University of Florida in
sand, is 40 times the size of a rural village ty. For over forty years, she has dedicated her 1975.
that gave birth to Brea Post 181. Yet, for all career to advocating for social justice and eq- Judge Crenshaw began her dedication to
the city’s growth and for all that the Post has uity, upholding immigrant rights, and pre- public service as a prosecutor with the State
done to underwrite that growth, our local Brea serving Arab American stories. Dr. Ameri, an Attorney’s Office under Richard Gerstein in
Legion has not always prospered in the same author, educator, and activist, is especially Miami-Dade County, Florida. She was hired by
way. Indeed, I would be remiss if I failed to known in our community as the founding di- Janet Reno, who would later become the U.S.
point out the struggles. The demographic shift rector for the Arab American National Mu- Attorney General. She served in that capacity
from the mid-twentieth century, when service seum. Thanks to her steadfast leadership and until arriving to the Tampa Bay community in
was almost universal for physically qualified revolutionary vision, she secured the muse- 1978 to join Bay Area Legal Services. She put
men, to today’s all-volunteer force has dra- um’s Smithsonian affiliation, making it the only her skills and legal acumen to work for fami-
matically changed the recruiting and financing Arab American organization in the prestigious lies who often faced financial barriers to the
picture of the Legion. Local membership had network. In addition, Dr. Ameri is the national courthouse and the legal system. She pro-
declined so precipitously that by 2014, the president of the Palestine Aid Society of vided important legal services to disadvan-
Post had to sell a property it owned to avoid America and was inducted to Michigan’s Hall taged neighbors across Tampa Bay and was
insolvency. It might have collapsed, and the of Fame for her extraordinary efforts in 2016. named the organization’s Deputy Director a
story might have ended before this centennial Today, we celebrate Anan Ameri for her life- decade later.
celebration. But the warrior spirit has always time of service to her community. Born in Da- In 1989, Governor Bob Martinez appointed
been fierce among the veterans of Brea, and mascus, Syria and raised in Amman, Jordan, her to the Hillsborough County Court. In 2000,
Post 181 has evolved to thrive in its new de- Dr. Ameri understands the daily trials and Governor Jeb Bush appointed her as the first
mographic environment. The membership has tribulations immigrants experience. As such, African American woman to serve on the Thir-
made smart business decisions and even she has advocated for their voices and con- teenth Judicial Circuit Court. There she was
smarter partnership arrangements with other tinues to fight to ensure their rights are assigned to civil, family, criminal and juvenile
veterans and civic groups like Veterans of For- upheld. Beyond her career in activism, she divisions—furthering her lifelong dream to
eign Wars Post 5384 and St. Angela Merici also has served as a mentor to young women. serve the public and her community. In 2009,
Church. The Post has come through its crisis. She has nurtured women to pursue their Governor Charlie Crist appointed her to the
It is more intergenerational than ever before dreams, strive for excellence, and embrace Second District Court of Appeal, where she
with former Brea Mayor Carrey Nelson—a re- their heritage. Dr. Ameri truly embodies the presided until retirement in 2018.
tired Navy Master Chief who served in both hopes and dreams of immigrants coming to Judge Crenshaw broke barriers and charted
the Second World and Korean Wars—still an America and has made a difference in our a course for others who are committed to
active contributing member alongside current Michigan community. Her years of service equal justice to follow. She set the highest of
Brea Mayor Pro Tem and Brea Post 181 Com- have impacted the lives of many, and her con- standards in her courtroom and in service to
mander Steven Vargas, who is also a Chief tinued dedication provides a lasting example our community to ensure fairness. While re-
Petty Officer in the Naval Reserves. I hope for what we should all endeavor to accom- tirement marks the end of one chapter in her
that other Legion Posts are beginning to thrive plish—to effect change, be compassionate life, she continues to explore other opportuni-
and reinvent themselves to meet a rapidly community members, and do all we can to ties to impact people’s lives through service.
changing country that, however different, still make a difference in the world. Judge Crenshaw has been extensively in-
needs a strong American Legion. As a mem- Madam Speaker, I ask my colleagues to join volved in bar activities and was recognized as
ber of the neighboring Legion Post 277 in me in honoring Dr. Anan Ameri. Her decades recently as 2019 with both the Hillsborough
Placentia, as the son of a Vietnam combat of selfless service make her a deserving re- County Bar Association’s Robert W. Patton
veteran and grandson of two World War II cipient of the Arab American of the Year Outstanding Jurist Award and the Hillsborough
combat veterans, but most of all, as a member Award. I am grateful for her lasting impact and Association of Women Lawyers’ Trailblazer
of the House Armed Services and Veterans wish her continued success in the years Award.
Affairs Committees, I congratulate and com- ahead. Madam Speaker, on behalf of the Tampa
mend the Legionaries of Brea Post 181 and f Bay community, I am humbled to honor Judge
wish them another century of excellence. Marva L. Crenshaw during this Black History
JUDGE MARVA CRENSHAW—BLACK Month for her many years of selfless service
HISTORY MONTH and leadership, and for being a trailblazer and
f
a shining light for justice for all.
PERSONAL EXPLANATION HON. KATHY CASTOR f
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
PERSONAL EXPLANATION
HON. DENVER RIGGLEMAN Wednesday, March 4, 2020
OF VIRGINIA
HON. COLIN Z. ALLRED
Ms. CASTOR of Florida. Madam Speaker, I OF TEXAS
dlhill on DSKBBY8HB2PROD with REMARKS
IN THE HOUSE OF REPRESENTATIVES rise today to celebrate one of Florida’s most IN THE HOUSE OF REPRESENTATIVES
distinguished jurists—and one of the highest
Wednesday, March 4, 2020 Wednesday, March 4, 2020
integrity. Judge Marva L. Crenshaw was born
Mr. RIGGLEMAN. Madam Speaker, I was in 1951 in DeFuniak Springs, Florida, one of Mr. ALLRED. Madam Speaker, I was absent
unable to attend votes on March 2, 2020. Had seven children. A child of faith, naturally re- from the House Chamber. Had I been present,
I been present, I would have voted: YEA on flective in her calm demeanor, she would epit- I would have voted YEA on Roll Call No. 81,
Roll Call No. 79, and YEA on Roll Call No. 80. omize a commitment to justice and the judicial and YEA on Roll Call No. 82.
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March 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E257
IN HONOR OF SPRING GARDEN the school board for Peoria Christ Lutheran It does so with several smart steps, includ-
WINNING THE AHSAA CLASS 1A School, and is a long-time member of Christ ing by having millionaires and billionaires pay
BASKETBALL CHAMPIONSHIP Lutheran Church, where she teaches Sunday the same tax rate as everyone else. For many
School. Bonnie and her husband, Jerry, have Americans, this is commonsense. What is
HON. MIKE ROGERS been married for 39 years and have three chil- nonsensical, however, is that Republicans
OF ALABAMA
dren and six grandchildren. I commend Bonnie passed a $1.5 trillion tax giveaway for the
on her service to the Peoria community. wealthy and well-connected. 83 percent of the
IN THE HOUSE OF REPRESENTATIVES
It is because of community leaders such as benefits go to the top 1 percent.
Wednesday, March 4, 2020 Bonnie Hester that I am especially proud to Instead of a giveaway to the rich, it is time
Mr. ROGERS of Alabama. Madam Speaker, serve Illinois’ 17th Congressional District. for an investment in working people and sen-
I rise to recognize the Spring Garden girls Madam Speaker, I would like to again formally iors. That is what we are trying to do with the
basketball team for winning the Alabama High recognize Bonnie Hester for her great work in Social Security 2100 Act.
School Athletic Association (AHSAA) Class 1A the Peoria community and honor her as a part Experts have pointed to its economic bene-
basketball championship. of Black History Month. fits, for both individuals and the nation. For ex-
The Panthers defeated St. Luke’s 53 to 45 f ample, former Council of Economic Advisors
in the championship game on February 27th. SUPPORT FOR THE SOCIAL Chair Jason Furman and former Treasury
Spring Garden has won three titles over the SECURITY 2100 ACT Secretary Lawrence Summers, have said this
last five years. legislation would positively impact economic
Madam Speaker, please join me in con- HON. ROSA L. DeLAURO growth.
gratulating the students and faculty of Spring OF CONNECTICUT
As President Franklin Delano Roosevelt
Garden High School, the coaches, the players IN THE HOUSE OF REPRESENTATIVES
said of Social Security in 1934, quote, ‘‘This
and all the Panther fans on this exciting seeking for a greater measure of welfare and
achievement. Go Panthers. Wednesday, March 4, 2020 happiness does not indicate a change of val-
f Ms. DELAURO. Madam Speaker, let me ues. It is rather a return to values lost in the
commend my colleague and friend Congress- course of our economic development and ex-
PERSONAL EXPLANATION man JOHN LARSON, the chair of the Ways and pansion.’’
Means Social Security Subcommittee, for his Values lost, an apt description for our econ-
HON. JIMMY GOMEZ leadership and his legislation the Social Secu- omy today. Costs skyrocketing. Wages stall-
OF CALIFORNIA rity 2100 Act. He is a tireless advocate for up- ing. Savings stagnating. And, seniors suf-
IN THE HOUSE OF REPRESENTATIVES
holding our promise to our seniors, with re- fering. But, with this legislation, we can be re-
spect to their retirement and their economic turning to values lost, to upholding our prom-
Wednesday, March 4, 2020 wellbeing. ise, to ensuring economic security.
Mr. GOMEZ. Madam Speaker, I am not re- Perhaps the ultimate legislative expression All Americans must keep up the fight to pro-
corded on roll call vote No. 79. Had I been of our nation’s shared values is our Social Se- tect and expand social safety net programs
present, I would have voted YEA. curity program. In 1935, our federal govern- like Social Security, The 60 million Americans
I am not recorded on roll call vote No. 80. ment made a promise to American workers receiving Social Security and countless more
Had I been present, I would have voted YEA. that if they worked hard all of their lives, they who will receive it are counting on us, and we
I am not recorded on roll call vote No. 81. would not fall into poverty when they retire. will deliver.
Had I been present, I would have voted YEA. Social Security is foundational to tens of mil-
lions’ Americans economic security as they re- f
I am not recorded on roll call vote No. 82.
Had I been present, I would have voted YEA. tire. It provides a stable and secure source of PERSONAL EXPLANATION
income for our nation’s seniors and their fami-
f
lies. We continue to keep that promise today,
RECOGNIZING BONNIE HESTER as Social Security lifts out of poverty 22 million
HON. DENVER RIGGLEMAN
OF VIRGINIA
FOR HER WORK IN THE PEORIA seniors nationwide and 130,000 in Con-
necticut. IN THE HOUSE OF REPRESENTATIVES
COMMUNITY FOR BLACK HIS-
TORY MONTH In fact, according to the Economic Policy In- Wednesday, March 4, 2020
stitute, quote, ‘‘Social Security remains by far
Mr. RIGGLEMAN. Madam Speaker, I was
the most important source of income for most
HON. CHERI BUSTOS seniors. It constitutes most of the income of
unable to attend votes on March 3, 2020. Had
OF ILLINOIS
seniors in the bottom half of the income dis- I been present, I would have voted: YEA on
IN THE HOUSE OF REPRESENTATIVES tribution.’’ Roll Call No. 81, and YEA on Roll Call No. 82.
Wednesday, March 4, 2020 Yet, a cliff is coming. Social Security no f
longer stretches as far as it once did. Even FEMA DISASTER PREPAREDNESS
Mrs. BUSTOS. Madam Speaker, I rise today
with their Social Security benefits, more than IMPROVEMENT ACT
to recognize Bonnie Hester for her work in the
5 percent of Connecticut’s seniors are living in
Peoria community and to honor her as a part
poverty. And, if we do nothing, in less than 15
of Black History Month. Bonnie spent 35 years years, Social Security benefits will be cut by HON. JOHN GARAMENDI
in the public sector and was most recently a nearly 25 percent. OF CALIFORNIA
Program Assistant for the Women, Infants, When Social Security does not keep up with IN THE HOUSE OF REPRESENTATIVES
and Children (WIC) Program. the cost of living, or modern economic chal-
Bonnie Hester earned a certificate in Labor Wednesday, March 4, 2020
lenges, seniors are robbed of their dignity and
History from the University of Illinois and a independence. They suffer when we do not Mr. GARAMENDI. Madam Speaker, today I
Clerical Certificate from the Vocational School uphold our promise. That is why we need to introduce the ‘‘FEMA Disaster Preparedness
of Southern Illinois. Bonnie worked for the Pe- protect and enhance Social Security and to Improvement Act,’’ with support from the Cali-
oria City/County Health Department for 25 ensure it is able to help those who need it. fornia Governor’s Office of Emergency Serv-
years. Bonnie served on the Health Care That is why we need the Social Security 2100 ices (Cal OES) and the California State Asso-
Committee for Peoria County employees and Act. ciation of Counties. I want to thank my col-
was President of local AFSCME Union Chap- It was introduced by my dear friend Con- league Congressman MIKE THOMPSON (D–CA)
ter No. 3665 for 14 years. She represented gressman JOHN LARSON. I am an original co- for his support as the original cosponsor.
District 1 on the Peoria County Board for eight sponsor. The bill expands benefits, strength- This legislation would increase FEMA sup-
years and served as the board’s precinct com- ens the Social Security trust fund, and cuts port for disaster preparedness and emergency
dlhill on DSKBBY8HB2PROD with REMARKS
mittee person. taxes for seniors. The bill and House Demo- response to reflect the needs of communities
Now retired, Bonnie serves on the Executive crats’ leadership is critical at a time when across the country. As states like California
Board for the West Central Labor Council rep- Americans are struggling with stagnant in- face increasingly severe and frequent natural
resenting AFSCME retirees and volunteers for comes and a lack of good-paying jobs. disasters due to man-made climate change
the American Red Cross Disaster Services, In total, this bill would boost benefits for 62 and global public health emergencies, Con-
the Heart of Illinois United Way, and the million people. And, it will put the program on gress and the federal government must step
Make-A-Wish Foundation. She also serves on sound financial footing for the next 75 years. up.
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E258 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2020
The people most impacted by disasters and Francis, he has spent over three decades decisions, who he continues to serve as an in-
emergencies are often the most vulnerable working in Huntington with Pathfinder Services spiration. Judge Little retired to care for his
members of our society: the elderly, the eco- to help those who need it most. aging father in Georgia but continues to lend
nomically disadvantaged, and those with dis- John embodies the purest form of Hoosier his judicial expertise as a Senior Judge for the
abilities. All Americans deserve nothing less hospitality in his work, helping countless oth- Thirteenth Judicial Circuit, and assists other
than the full-throated support of their federal ers on their way to realizing greater economic, judges to ensure each case is given the time
government as they prepare for natural disas- physical and developmental independence. He and care it deserves. He has been recognized
ters and deal with public health emergencies, has been active is creating an environment for his extensive commitment to service
and that is exactly what my legislation would that values inclusion and fairness, giving those through various awards, including the 2018
ensure. whom he encounters the best chance possible Distinguished Leadership Award from the
As a member of California’s Congressional to succeed and Jive out the American Dream. Black Law Students Association at WMU-
delegation, I have seen firsthand the devasta- As John prepares to step down from a posi- Cooley Law School’s Tampa Bay campus.
tion that disasters can have on communities. tion he has loved and excelled at, I have no Madam Speaker, on behalf of the Tampa
In 2017 and 2018, our state experienced the doubt that he will continue to be a leader in Bay community, it gives me immense pride to
most destructive fires recorded in California his community and a shining example to those honor a great public servant this Black History
history. The federal government must be a who seek him out. Huntington County, and all Month. Judge Little is a man faithful to his
real partner for states as they prepare for of Indiana, are blessed to continue to count family and community, and is unparalleled in
these disasters and seek to make our commu- John and his family as their own. service to his neighbors.
nities more resilient. My district is also one of f f
the most flood-prone in the entire nation, and
Travis Air Force Base housed the first Amer- JUDGE PERRY LITTLE—BLACK PERSONAL EXPLANATION
ican evacuees from the coronavirus outbreak HISTORY MONTH
in East Asia. HON. DAVID SCHWEIKERT
That is why the ‘‘FEMA Disaster Prepared- HON. KATHY CASTOR OF ARIZONA
ness Improvement Act’’ would increase the OF FLORIDA IN THE HOUSE OF REPRESENTATIVES
federal cost share under the Hazard Mitigation IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 4, 2020
and Emergency Management Performance Wednesday, March 4, 2020
Grant Programs to 85 percent, from 75 per- Mr. SCHWEIKERT. Madam Speaker, due to
cent and 50 percent respectively. FEMA’s Ms. CASTOR of Florida. Madam Speaker, I travel complications, I was unable to be
Emergency Performance Grant Program helps rise today to honor a jurist who has served our present for votes on Monday, March 2.
state and local officials manage public emer- Tampa neighbors for decades—and continues Had I been present, I would have voted
gencies including health crises, such as the his dedication to this day. Through his work YEA on Roll Call No. 79, H.R. 5003 and YEA
recent coronavirus outbreak. spanning more than 40 years and as the sec- on Roll Call No. 80, H.R. 5932.
My bill would also exempt environmental re- ond African American appointed to the bench f
views under federal or state law from the 36- in Hillsborough County, which is the longest
month deadline to complete hazard mitigation tenure for an African American judge in the PERSONAL EXPLANATION
projects and make designated ‘‘special flood county’s history, Judge Perry A. Little has
hazard areas’’ under the National Flood Insur- helped shape our community forever. Judge HON. WILL HURD
ance Program automatically eligible for FEMA Little is husband to Sonjia Latson Little and fa- OF TEXAS
Hazard Mitigation Grants. Lastly, the bill would ther of three: Matthew (Nandie), Marissa and IN THE HOUSE OF REPRESENTATIVES
direct the Government Accountability Office to Josie. He is also the proud grandfather of four
girls, Reigan, Ivy, Gabrielle and Eden, and a Wednesday, March 4, 2020
report to Congress on the challenges faced by
states in utilizing FEMA’s Public Assistance member of Beulah Baptist Church. Mr. HURD of Texas. Madam Speaker, due
Program Alternative Procedures. Judge Little was born and educated in to travel delays, I was unable to participate in
Damaged caused by natural disasters in the Georgia. He received his undergraduate de- the following votes: Roll Call No. 79, 80, 81,
United States has risen in recent years, with gree from Morehouse College and his law de- and 82. Had I been present, I would have
an average of 15 disasters with a cost of over gree from Emory University. After completing voted YEA on Roll Call No. 79; YEA on Roll
a billion dollars between 2016 and 2018, more law school, he took a position at a legal clinic Call No. 80; YEA on Roll Call No. 81; and
than double the average of the previous three where he could have a larger community im- YEA on Roll Call No. 82.
decades. Congress must respond to this trou- pact over a federal position he was offered in f
bling trend and better support vulnerable com- Washington, D.C.
At a time when windows and doors were HONORING SENIOR MASTER
munities across the country as they prepare
just beginning to open for African Americans SERGEANT DIANA M. CAREY
and increase resilience to natural disasters
and other public emergencies. in the legal profession, Judge Little was ap-
Madam Speaker, I urge all Members to co- pointed to the bench in Hillsborough County in HON. BENNIE G. THOMPSON
sponsor the ‘‘FEMA Disaster Preparedness 1977 by Governor Rubin Askew, where he OF MISSISSIPPI
Improvement Act.’’ As a senior member of the presided for more than 12 years. He was the IN THE HOUSE OF REPRESENTATIVES
House Committee on Transportation and Infra- second African American in the county’s his-
tory to be appointed, standing on the shoul- Wednesday, March 4, 2020
structure, I plan to make this critical legislation
a major priority. ders of Judge George Edgecomb, who only Mr. THOMPSON of Mississippi. Madam
served three years as a county judge due to Speaker, I rise today to honor a remarkable
f
illness, but set the highest of standards for his community servant, Senior Master Sergeant
HONORING THE LIFE OF JOHN colleagues to follow. The 1970s were a trans- Diana M. Carey.
NIEDERMAN formative time for communities as desegrega- Sergeant Carey attended Jackson State
tion orders blanketed the nation while raising University where she earned a Bachelor of
HON. JIM BANKS the profile of diversity at all levels of govern- Science degree in elementary and special
OF INDIANA ment. With the vital role our courts play in our education. She also earned a Masters in
IN THE HOUSE OF REPRESENTATIVES
democracy, economy and daily lives, a more English to teach secondary level education.
diverse judiciary brings greater confidence in Sergeant Carey retired from the United
Wednesday, March 4, 2020 our justice system and is an important step to- States Air Force with twenty years of service.
Mr. BANKS. Madam Speaker, I rise to ward a more just and equal America. In 1993, She actively served in Texas, Japan, Turkey
dlhill on DSKBBY8HB2PROD with REMARKS
honor the life and career of John Niederman. Governor Lawton Chiles appointed Judge Lit- and Saudi Arabia. In addition, she has held
Since 1985, John has poured his heart and tle to the Circuit Court where he served in the administrative, contracting and intelligence po-
soul into the outstanding work conducted by Juvenile and Circuit Civil Divisions until his re- sitions within the United States Air Force. Ser-
Pathfinder Services. tirement in 2007. geant Carey also supported the Military Airlift
Though born in New York, Indiana is proud Much of Judge Little’s Circuit experience Command in deployments.
to claim John as one of our own. A graduate was dedicated to positively impacting the lives Since July of 1997, she has served as the
of Fort Wayne’s own University of Saint of juveniles and young adults through his legal Air Force Junior Reserve Officers’ Training
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March 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E259
Corps (AFJROTC) instructor for Raymond of Police. After serving the Wilton community an’s right to vote. Among these remarkable
High School in Raymond, Mississippi. Effec- for 27 years, he accepted a position with the leaders being recognized this month are pas-
tive June 30, 2020, she will be retiring from Eastham, Massachusetts Police Department sionate activists, including Congresswoman
the Hinds County School District with 23 years on August 31, 2009. In doing so, Chief ELEANOR HOLMES NORTON, Theresa Kumar,
of service. During her time, she has trained Kulhawik fulfilled a long-time dream of working founder of Voto Latino, Terry Ao Minnis, Direc-
over 1,500 cadets. Sergeant Carey has been on Cape Cod. tor of Asian Americans Advancing Justice, and
named Teacher of the Year and Outstanding During his tenure as Chief in Eastham, he Edith Mayo, curator at the Smithsonian Mu-
Air Force Junior ROTC instructor twice during developed new recruitment strategies that fo- seum and historian of women’s suffrage. Also
her tenure. Not to mention, she is one of the cused on education. Chief Kulhawik improved honored are Lucy Burns, a Silent Sentinel who
25 percent qualified as an advanced instruc- training techniques and built significant rela- protested at the White House, and Carrie
tor. tionships with both residents and local legisla- Chapman Catt, a suffrage activist from Iowa
Sergeant Carey has also been instrumental tors. In both departments, he repeatedly ex- who served as president of the National Amer-
in training new instructors at Maxwell Air emplified the highest ideals of his profession ican Woman Suffrage Association (NAWSA).
Force Base in Montgomery, Alabama. Her and worked to greatly improve both commu- Wilhelmina Kekelaokalaninui Widemann
overall mission has been to ‘‘develop citizens nities. Dowsett, a NAWSA member and founder of a
of character dedicated to serving the nation Additionally, Chief Kulhawik led many of suffrage organization in Hawaii, Ana Roque de
and community.’’ Massachusetts’ most prodigious non-depart- Duprey, a Puerto Rican suffrage organizer,
Aside from her military duties, Sergeant mental policing bodies, such as the FBI Na- and Elizabeth Piper Ensley, a reporter for the
Carey is a member of the Illinois American Le- tional Academy Associates for Connecticut ‘‘Women’s Era’’ and member of the National
gion and the Brandon Quilters Guild. She at- and the Cape Cod Regional Law Enforcement Association of Colored Women, are also re-
tends Jackson Revival Center where she has Council. membered for their contributions to the move-
taught Sunday school, sang in the choir and Chief Ed Kulhawik has dedicated his career ment.
managed vacation Bible school activities. to serving Eastham, and I wish him many We also recall the passionate efforts of
Her hobbies include quilting, gardening and years of well-deserved happiness and more Marie Foster, a civil rights leader who
spending time with her son and three grand- with his family in retirement. marched from Selma to Montgomery and at-
children. Madam Speaker, I am proud to honor Ed- tempted to register to vote eight times before
Madam Speaker, I ask my colleagues to join ward V. Kulhawik, Chief of the Eastham Police being allowed to vote, Dr. Mabel Ping-Hua
me in recognizing Senior Master Sergeant Department, and I ask that my colleagues join Lee, a New York suffragist who earned a PhD
Diana M. Carey for her dedication and tenacity me in recognizing his years of dedication to in economics, and Virginia Louisa Minor, the
to serving the community and the desire to be his community. Missouri woman who appealed to the Su-
an example for all. f preme Court in 1874 for her right to vote. Fi-
f nally, we salute Anna Howard Shaw, who
PERSONAL EXPLANATION earned a Distinguished Service Medal during
IN HONOR OF LEE-SCOTT ACAD- World War I and played a critical role in the
EMY WINNING THE AISA CLASS HON. KATIE PORTER leadership of NAWSA. For their leadership
AAA BASKETBALL CHAMPION- OF CALIFORNIA and outstanding dedication to women’s rights,
SHIP unity, and peace, these courageous women
IN THE HOUSE OF REPRESENTATIVES
are well deserving of our respect and admira-
Wednesday, March 4, 2020
HON. MIKE ROGERS tion. I commend them and the many others
OF ALABAMA Ms. PORTER. Madam Speaker, I was un- who fought alongside them for women of
IN THE HOUSE OF REPRESENTATIVES able to be present for suspension votes on every creed, class, and ethnic background.
Tuesday, March 3, 2020 due to the California These fearless and strong women serve as re-
Wednesday, March 4, 2020 primary election. Had I been present, I would markable role models who reflect the 2020
Mr. ROGERS of Alabama. Madam Speaker, have assented to H. Res. 387, H.R. 4508, and theme, Valiant Women of the Vote.
I rise to recognize the Lee-Scott Academy H. Res. 230 passing by voice vote. Madam Speaker, I am honored to join in
girls basketball team for winning the Alabama f celebrating Women’s History Month and rec-
Independent School Association (AISA) Class ognizing the dedication, perseverance, con-
AAA basketball championship. CELEBRATING WOMEN’S HISTORY
tributions, and advances great American
The Warriors defeated Glenwood 44 to 26 MONTH
women from all cultures and classes have
in the championship game on February 15th made to bettering our communities and the
at the Crampton Bowl in Montgomery. HON. PETER J. VISCLOSKY entire country. I ask that you and my other
Madam Speaker, please join me in con- OF INDIANA distinguished colleagues join me in celebrating
gratulating the students and faculty of Lee- IN THE HOUSE OF REPRESENTATIVES these extraordinary women who have im-
Scott Academy, the coaches, the players and proved American society and whose stories
Wednesday, March 4, 2020
all the Warrior fans on this exciting achieve- are woven into the fabric of our nation.
ment. Go Warriors. Mr. VISCLOSKY. Madam Speaker, it is with
f
f great respect and admiration that I rise today
in observance of Women’s History Month and CONGRATULATING THE KNOX-
IN RECOGNITION OF CHIEF ED its 2020 theme—Valiant Women of the Vote. VILLE HIGH SCHOOL DANCE
KULHAWIK Each year, the National Women’s History TEAM FOR ITS WIN AT THE IDTA
Project selects a unifying theme to recognize STATE FINALS
HON. WILLIAM R. KEATING and promote Women’s History Month. This
OF MASSACHUSETTS year’s theme recognizes the centennial of the HON. CHERI BUSTOS
IN THE HOUSE OF REPRESENTATIVES 19th Amendment and honors the stories of OF ILLINOIS
women from the original suffrage movement. IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 4, 2020 In the United States, women of every race,
Mr. KEATING. Madam Speaker, I rise today class, and ethnic background have played a Wednesday, March 4, 2020
in recognition Chief Ed Kulhawik as he retires critical role with ensuring that women’s voices Mrs. BUSTOS. Madam Speaker, I rise today
after 39 years of service as a law enforcement are heard. For generations, women have con- to recognize the Knoxville High School Dance
officer. tributed to resolving conflicts and have worked Team for its win at the Illinois Drill Team As-
Ed began his career with the Wilton, Con- to promote equality in the workplace, schools, sociation (IDTA) State Finals for Class A Kick
dlhill on DSKBBY8HB2PROD with REMARKS
necticut Police Department in 1981 as a patrol homes, communities, and government. Dance. The Knoxville High School Dance
officer until he chose to take a leave of ab- Women have insisted upon and continue to Team overcame significant adversity to win
sence to pursue a master’s degree in Social fight for respect, justice, and equality for all of this title and I commend them for their hard
Work from Boston College. After returning to humanity. work and dedication.
the Wilton Police Department he went on to Throughout the years, women from diverse After parting ways with two coaches who
be promoted to the rank of Sergeant, Lieuten- backgrounds have contributed to the coura- could not stay and coach the team, volunteer
ant, Administrative Captain, and in 2004, Chief geous movement that would secure a wom- moms Tammy Myers and Jennifer Stoneking
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E260 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2020
came on board to help high school captains HONORING THE LIFE OF ALLEN knows no limits in its outreach. In Mr. Ander-
Fionna Drake and Clara Ponder complete the CONNELLY son’s world, ‘‘our boys’’ enhance their per-
season. The team practiced whenever they sonal development, and by doing so, address
could, outside of their mandatory three les- HON. JIM BANKS the physical and social needs of their commu-
sons per week. Parents across the community OF INDIANA nities. It also follows that they then promote
opened their garages and other spare spaces IN THE HOUSE OF REPRESENTATIVES better relations among all people through a
to the girls for practice. The teamwork and framework of friendship and service, and pro-
dedication displayed by the moms, team cap- Wednesday, March 4, 2020 vide an overall vision for the future.
tains and the dancers is remarkable and led Mr. BANKS. Madam Speaker, I rise today to Men of Vision is open to young boys and
them to victory at the IDTA State Finals. As a honor the service of The American Legion, men from ages 10 to 19, fifth grade through
former athlete, I admire the fortitude the Knox- Department of Indiana State Commander Mr. post-secondary school. The group is orga-
ville High School Dance Team displayed to Allen Connelly. nized into elementary, middle and high
achieve their dreams of being state champions As a 50-year member of LaGrange Amer- schools throughout the community. Member-
and I commend them for their efforts and can- ican Legion Post 215, Connelly’s engagement ship is open to young men regardless of race,
do attitudes. I am proud to see them represent with the Legion over the last half-century is color, ability, creed, gender, national origin or
Knoxville so well throughout the state with historic. That includes serving as Post Service religion, reflecting the diversity of Tampa Bay,
their talent and passion. Officer, Hoosier Boys State and Flag Edu- the community it serves. The impact has been
It is because of student leaders such as the cation Chairman, member of the District Fi- tremendous.
Knoxville High School Dance Team that I am nance Committee and District Advisory Com- Mr. Anderson serves as a guide, mentor
especially proud to serve Illinois’ 17th Con- mittee, member of the Department Strategic and advocate for ‘‘our boys,’’ some who may
gressional District. Madam Speaker, I would Plan Committee and Centennial Celebration be on the brink of hopelessness. By boosting
like to again formally congratulate the Knox- Committee, member of the National Veteran’s these individuals and turning them instead into
ville High School Dance Team on its victory at Preference Committee and Education, Other confident contributors and leaders, Mr. Ander-
the IDTA State Finals in the Class A Kick Benefits and Homelessness Committee, and son lifts our community one Man of Vision at
Dance category. more. a time. He has dedicated his life to ensuring
f Connelly has been heavily involved in his that Tampa’s future generations believe they
community outside the Legion as well. He can make a difference in the community in
PERSONAL EXPLANATION served 25 years on the LaGrange Volunteer which they live by focusing on serving others
Fire Department; he was president and mem- and respecting themselves as vital members
HON. DAVID ROUZER ber of the Lakeland School Corporation Board of our community. Nearly 100 percent of Men
OF NORTH CAROLINA of Trustees; he served 12 years as a member of Vision complete high school and many con-
IN THE HOUSE OF REPRESENTATIVES of the Bloomfield Township Advisory Board, tinue higher education.
Wednesday, March 4, 2020 and he has served as the Veteran Represent- Madam Speaker, on behalf of the citizens of
ative on the LaGrange County Drug Court Florida and my neighbors across Tampa Bay
Mr. ROUZER. Madam Speaker, I was un- I am proud to honor Ross Anderson this Black
able to vote on March 2 because I was in since its founding. He is a member of St. Jo-
seph Catholic Church in LaGrange. History Month. Mr. Anderson’s untiring efforts
North Carolina with the President of the United and selfless devotion are a shining beacon to
Connelly has also served our nation with
States. Had I been present, I would have all of us, especially the young people in our
distinction. He was active duty in the U.S.
voted YEA on Roll Call No. 79, and YEA on community. The time and energy he has in-
Army between 1964 and 1965, where he
Roll Call No. 80. vested into developing our youth and making
earned the rank of Sergeant. This record is
f testament to his civic engagement, attentive- Tampa Bay a better place to live are un-
RECOGNIZING OUR LADY OF ness and hard work for which northeast Indi- matched. His legacy will live on in history
LOURDES ACADEMY GIRLS’ SOC- ana is forever grateful. through the hundreds of young men and the
CER TEAM f community at large that he has inspired and
impacted.
ROSS ANDERSON—BLACK HISTORY
HON. DONNA E. SHALALA MONTH
f
OF FLORIDA PERSONAL EXPLANATION
IN THE HOUSE OF REPRESENTATIVES
HON. KATHY CASTOR
Wednesday, March 4, 2020 OF FLORIDA
HON. TJ COX
Ms. SHALALA. Madam Speaker, I rise in OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
recognition of Our Lady of Lourdes Academy, IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 4, 2020
which celebrated its second soccer state Wednesday, March 4, 2020
championship win this last week. Ms. CASTOR of Florida. Madam Speaker, I
rise today to honor a true ‘‘Man of Vision,’’ Mr. Mr. COX of California. Madam Speaker, due
With this victory, Lourdes Academy reaf- to flight mechanical issues and delays, I
firms its reputation for excellence in every Ross Anderson. He was born and raised in
Tampa, Florida and has left an indelible mark missed votes on March 2, 2020. Had I been
field. Lourdes is well known as an academic present, I would have voted YEA on Roll Call
powerhouse, and this victory is proof of the in our hometown. Mr. Anderson graduated
from Hillsborough High School and the Univer- No. 79, and YEA on Roll Call No. 80.
school’s incredible athletics program.
The championship game was a test of the sity of South Florida. He received his graduate f
Lourdes soccer team’s resilience. Although degrees from Columbia Southern University HONORING THE LIFE OF PHIL
Lourdes scored an early lead in the first quar- and Waldorf College, respectively. While Mr. COTT
ter, the game once again became tied just Anderson takes great pride in his distin-
2:06 before halftime. Despite the close game, guished education and vocation, he is most HON. TED LIEU
the Bobcat defense was stellar, and the they proud to be the father of James Elaissaint-An- OF CALIFORNIA
retook lead in the second half. derson and Henry Tillman Jr., and the grand- IN THE HOUSE OF REPRESENTATIVES
With 500 fans cheering from the stands in father of Jasmine Tillman.
Spec Martin Stadium, incredible teamwork, Mr. Anderson saw a profound need in our Wednesday, March 4, 2020
and endless determination, Lourdes captured community for mentorship directed towards Mr. TED LIEU of California. Madam Speak-
the Class 6A state championship with a 2–1 young men whom he often refers as ‘‘our er, I rise to celebrate the life of Mr. Phil Cott,
victory against Venice, marking the Bobcats’ boys.’’ His vision for mentorship led him to a beloved member of California’s 33rd Con-
dlhill on DSKBBY8HB2PROD with REMARKS
second state title in the past three years. leave his career as a successful corporate ex- gressional District, who passed away at the
Congratulations to the Lourdes’ girls’ soccer ecutive. In 2006, one year into his tenure as age of 68 on February 6, 2020 after a decade-
team on a well-earned victory. It’s an honor to a teacher, Mr. Anderson helped found Men of long bout with kidney cancer. Phil served as
represent this team in Congress, and I hope to Vision at Sligh Middle School. In 2010, Men of the principal of Webster Elementary School in
see many of these young women take their Vision, Inc. was established with the concept Malibu, California for more than 20 years, cap-
talents on to collegiate and professional soc- of ‘‘Action & Vision can change the World.’’ ping off a storied career as an educator, law-
cer. The effort starts at the commnunity level but yer, and administrator.
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March 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E261
Born on July 2, 1951 in Los Angeles, Cali- In June of 1941, the 99th Pursuit Squadron team for winning the Alabama High School
fornia, Phil attended Venice High School and at Tuskegee University was founded. The unit Athletic Association (AHSAA) Class 4A bas-
the University of California, Los Angeles. After consisted of 47 officers and 429 enlisted men ketball championship.
graduating, Phil taught for 14 years in Culver who began primary training at Moton Field be- The Bulldogs defeated Deschler 61 to 51 in
City as an elementary school teacher and fore moving to the Tuskegee Air Field about the championship game on February 28th at
served as president of his teachers’ union for ten miles to the west for conversion training. Legacy Arena.
six years. Tuskegee Air Field mirrored existing all-white Madam Speaker, please join me in con-
Phil then decided on a bold mid-career air fields like Maxwell Air Field only forty miles gratulating the students and faculty of Annis-
pivot, attending law school at night and even- away, providing African American pilots with ton High School, the coaches, the players and
tually becoming a lawyer. He also served as the same rigorous training as white Ameri- all the Bulldogs fans on this exciting achieve-
a Los Angeles County deputy District Attorney, cans. ment. Go Bulldogs.
where he had numerous successes in the Major Noel F. Parrish advocated for the f
courtroom. However, Phil told friends that he Tuskegee Airmen to be allowed to enter into
missed working in public education and re- combat, petitioning Washington, D.C. on their IN RECOGNITION OF RICHARD E.
turned as an administrator, beginning his ten- behalf. Eventually, in 1943, the Tuskegee Air- FOX, M.A., RECIPIENT OF AN-
ure as the principal of Webster Elementary men were deemed eligible for combat and CIENT ORDER OF HIBERNIANS
School in 1990. were sent to North Africa to join the 33rd MAN OF THE YEAR AWARD
As principal, Phil introduced innovative Fighter Group under the command of Colonel
projects and ideas to the benefit of Webster’s William W. Momyer. Given little guidance from HON. MATT CARTWRIGHT
students, including Websterville, an annual re- experienced combat pilots, the Tuskegee Air- OF PENNSYLVANIA
creation of a colonial American village. Phil men flew toward Italy where they attacked the IN THE HOUSE OF REPRESENTATIVES
also led annual trips to Yosemite National small and strategically located volcanic island
Park and was key in establishing the school’s Wednesday, March 4, 2020
of Pantelleria. The island eventually surren-
computer lab. Phil was known among Web- dered, and the Airmen flew on to Sicily, re- Mr. CARTWRIGHT. Madam Speaker, I rise
ster’s teaching staff for encouraging individ- ceiving a Distinguished Unit Citation. The men today to recognize Reverend Richard E. Fox,
uality and creativity in the classroom and con- went on to fight with heart and valor through- M.A. as the recipient of the Ancient Order of
tributing to a warm and friendly environment out World War II, proving to America and to Hibernians Division 4 Paul ‘‘Hook’’ O’Malley
for the students. the entire world that African Americans were Man of the Year award. He will be honored at
Phil is survived by his wife, Charlee; chil- just as capable as white Americans of serving the organization’s annual gathering on
dren Rachel and Daniel; and grandchildren, their country. In many ways, these men dis- Wednesday, March 4, 2020.
Heaven and Paris. May his compassion, lead- played even more patriotism, as they actively Reverend Fox, son of Richard and Ann C.
ership, and devotion to those around him live fought to overcome barriers in order to serve Madden Fox, was born in Pottstown, Pennsyl-
on in the students he inspired and educators and protect. vania and raised in South Wilkes-Barre. In
he helped nurture over his 37-year career. The Tuskegee Airmen’s legacy is one that June 1983, Reverend Fox graduated from E.L.
f should make the state of Alabama truly proud. Meyers High School and the Wilkes-Barre
These men are part of Alabama’s remarkable Area Vo-Tech School with a concentration in
HONORING TUSKEGEE AIRMEN
legacy of advocating for civil rights, proving warehouse management. He was a member
DAY
that the determination of African American of the 100th graduating class of the University
Alabamians can charge the course of history, of Scranton, earning a degree in Christian Tra-
HON. TERRI A. SEWELL not only for our country but for the entire ditions in 1988. While at the University of
OF ALABAMA
world. Scranton, he also studied at St. Pius X Semi-
IN THE HOUSE OF REPRESENTATIVES
Madam Speaker, on behalf of Alabama’s nary in Dalton. In 1992, Reverend Fox grad-
Wednesday, March 4, 2020 7th Congressional District, I ask you and my uated from Christ the King Seminary in Buf-
Ms. SEWELL of Alabama. Madam Speaker, colleagues to join me in paying tribute to the falo, New York with a master’s degree in pas-
I rise today to honor the Alabama State Legis- exemplary service of the Tuskegee Airmen, toral ministry.
lature’s joint resolution which recognizes and to the Alabama State Legislature for ac- On June 27, 1992, Reverend Fox was or-
March 7 as Tuskegee Airmen Day. House knowledging their service through the passage dained as a priest at St. Peter’s Cathedral
Joint Resolution 120 will acknowledge the of House Joint Resolution 120. May we cele- Church in Scranton. Following his ordination,
honor and valor of those Tuskegee Airmen brate the resilience and sacrifice of the he served as assistant pastor at churches
who risked their lives in defense of our coun- Tuskegee Airmen not only on March 7, but across Northeastern Pennsylvania, including
try, despite racism, prejudice and segregation. every day. Epiphany Church in Sayre (1992 to 1995), Im-
In 1941, a group of African American men f maculate Conception Church in Scranton
in Tuskegee, Alabama, joined together to form (1995 to 1998), and St. Jude’s Church in
an all-African American squadron of pilots PERSONAL EXPLANATION Mountain Top (1998 to 2000). He then served
known as the Tuskegee Airmen. This squad- as pastor of Blossburg Area Catholic Commu-
ron fought fiercely overseas on behalf of the HON. KATIE PORTER nity in Tioga County (2000 to 2003), Holy Trin-
United States of America during World War II, OF CALIFORNIA ity/Holy Child Church in Nanticoke (2003 to
proving that patriotism and love of country IN THE HOUSE OF REPRESENTATIVES 2005), Immaculate Conception Church in
conquers even the cruelest forms of bigotry. Wednesday, March 4, 2020 Scranton (2005 to 2007), Holy Family Church
Segregation barred African Americans from in Luzerne (2007 to 2009), St. Eulalia’s
Ms. PORTER. Madam Speaker, I was un-
enlisting alongside white Americans, and prior Church in Roaring Brook Township (2009 to
able to be present for suspension votes on
to the Tuskegee Airmen, the United States 2010), as well as other churches in Exeter and
Monday, March 2, 2020 due to the California
had never had an African American military Old Forge in 2010 and 2011.
primary election. Had I been present, I would After serving many communities across the
pilot.
After being rejected from enlisting during have assented to H.R. 5931, H.R. 5003, H.R. region, Reverend Fox called Our Lady of
World War I, African Americans spent more 5932, and H.R. 4351 passing by voice vote. Mount Carmel in Lake Silkworth his home par-
than two decades advocating for the right to f ish from 2011 to 2016. Since 2016, he has
enlist and train as military aviators. With help IN HONOR OF ANNISTON WINNING been the pastor at St. Patrick’s Parish in
from the National Association for the Advance- THE AHSAA CLASS 4A BASKET- Scranton.
ment of Colored People, labor union leader A. BALL CHAMPIONSHIP Reverend Fox has two siblings, Bridget Fox
Philip Randolph and Judge William H. Hastie, Ford, married to William Ford, and the late
dlhill on DSKBBY8HB2PROD with REMARKS
these advocates were successful in passing HON. MIKE ROGERS Christopher Fox.
Appropriations Bill Public Law 18 with an OF ALABAMA
He is the proud uncle of his niece and
amendment by Senator Harry H. Schwartz of nephew, Mitchell and Cameron Ford.
IN THE HOUSE OF REPRESENTATIVES
Wyoming, which designated funds for training It is an honor to recognize Reverend Rich-
African American pilots. The money was then Wednesday, March 4, 2020 ard E. Fox as the Ancient Order of the Hiber-
invested in civilian flight schools willing to train Mr. ROGERS of Alabama. Madam Speaker, nians Division 4 Man of the Year and con-
African American pilots. I rise to recognize the Anniston girls basketball gratulate him on his distinguished career in
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E262 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2020
service to the Catholic community of North- United States Department of Agriculture to notify the Office of the Senate Daily
eastern Pennsylvania. May he continue to find (USDA) conservation programs, he goes Digest—designated by the Rules Com-
happiness and peace in his vocation. above and beyond to ensure high-quality care mittee—of the time, place and purpose
f for his crops and land. Jason is committed to of the meetings, when scheduled and
using a diverse and intense cropping rotation any cancellations or changes in the
FEBRUARY VETERAN OF THE that enhances the soil and protects it from meetings as they occur.
MONTH erosion. As an additional procedure along
His methods are working. Jason is known with the computerization of this infor-
HON. KEVIN HERN for his produce, including one-year turnips that mation, the Office of the Senate Daily
OF OKLAHOMA have reached the size of dinner plates. As a Digest will prepare this information for
IN THE HOUSE OF REPRESENTATIVES result of his work, he was recognized as the printing in the Extensions of Remarks
Wednesday, March 4, 2020 Toole County Conservationist of the Year in section of the CONGRESSIONAL RECORD
Mr. KEVIN HERN of Oklahoma. Madam 2019. on Monday and Wednesday of each
Speaker, I rise to honor the First District of Along with crop rotation, Jason makes con- week.
Oklahoma’s February Veteran of the Month, structing habitat a top priority on his farm.
After noticing bees were struggling to pollinate Meetings scheduled for Thursday,
Megan Lowry. March 5, 2020 may be found in the Daily
A Military Police Officer in the United States his large farm in 2010, he found a solution.
For every quarter mile, Jason created habitat Digest of today’s RECORD.
Marine Corps, Ms. Lowry honorably served
our nation for three years. Following her mili- with plants and flowers that pollinate year-
tary career, Megan served in the Secret Serv- round, giving the bees an area to rest. Be- MEETINGS SCHEDULED
ice during President George W. Bush’s last cause of measures like these, his bees and MARCH 10
term in office helping to protect the First Fam- crops are thriving.
9:30 a.m.
ily from various threats. Due to her out- Jason is also committed to responsible wild- Committee on Armed Services
standing work with the Secret Service, Ms. life practices. His farm is open for hunters as To hold hearings to examine the nomina-
Lowry was awarded the Presidential Service part of the state’s block management program. tions of Matthew P. Donovan, of Vir-
Badge for honorable service to the President He’s constructed three wildlife corridors for ginia, to be Under Secretary for Per-
of the United States and the White House. animals to roam freely. He’s also rebuilt all his sonnel and Readiness, and William Jor-
fences with gates so antelope and deer can dan Gillis, of Georgia, and Victor G.
Upon returning home from service, Megan Mercado, of California, both to be an
Lowry has dedicated her life to serving other travel safely throughout his property. Madam
Assistant Secretary, all of the Depart-
veterans. Speaker, for his innovative approach to sus-
ment of Defense.
Megan serves her fellow veterans who may tainable farming and his commitment to con- SD–G50
be suffering from the invisible wounds that re- serving Montana’s land and creating healthy, 10 a.m.
main from their time in combat. Lowry is a practical wildlife habitat, I recognize Jason Committee on Appropriations
service dog trainer for Wounded Veterans of Samsal for his Spirit of Montana. Subcommittee on Financial Services and
f General Government
Oklahoma and also works with the
To hold hearings to examine proposed
Pups4Patriots program which works to provide PERSONAL EXPLANATION budget estimates and justification for
service animals to veterans free of charge. fiscal year 2021 for the Federal Commu-
Ms. Lowry is a recent alumna of the Univer- nications Commission.
sity of Tulsa where she was an active member HON. JOHN W. ROSE SD–562
of their Student Veterans Association, which OF TENNESSEE Committee on Banking, Housing, and
seeks to help transition returning IN THE HOUSE OF REPRESENTATIVES Urban Affairs
servicemembers into collegiate life. Megan is To hold hearings to examine the Con-
Wednesday, March 4, 2020
also an active member of the Delaware Tribe, sumer Financial Protection Bureau’s
Mr. JOHN W. ROSE of Tennessee. Madam semi-annual report to Congress
helping to preserve her native heritage for fu- SD–538
Speaker, on the night of March 2nd into the
ture generations. Committee on Energy and Natural Re-
Megan Lowry lives a life of unmatched dedi- early morning of March 3rd, several tornadoes
struck Middle Tennessee, inflicting severe sources
cation, sacrifice, and service to our great na- To hold hearings to examine the Presi-
tion. She answered the call to defend free- damage and taking numerous lives. Most of
dent’s proposed budget request for fis-
dom, and she sacrificed whatever was nec- the devastation occurred in my congressional cal year 2021 for the Department of the
essary in the name of that noble cause. She district, the Sixth District of Tennessee, includ- Interior.
continues to serve our country, community, ing my hometown, Cookeville, TN. SD–366
and her fellow veterans at a high level on a After careful consideration, my family and I Committee on the Judiciary
daily basis. It is my honor to recognize Megan returned home to Cookeville, TN, on March Subcommittee on Antitrust, Competition
3rd so that we could meet with local officials Policy and Consumer Rights
Lowry as the 1st Congressional District of To hold hearings to examine competition
Oklahoma’s February Veteran of the Month. and first responders to assess the damage for
in digital technology markets, focusing
ourselves and lend a helping hand to our
f on self-preferencing by digital plat-
friends and neighbors wherever it might be forms.
RECOGNIZING JASON SAMSAL OF needed. Because of our decision to return SD–226
SUNBURST home, I was absent for votes today. 11 a.m.
I missed Roll Call vote number 83. Had I Committee on Rules and Administration
HON. GREG GIANFORTE been present, I would have voted ‘‘no.’’ To hold hearings to examine the nomina-
tion of James E. Trainor III, of Texas,
OF MONTANA
I missed Roll Call vote number 84. Had I
been present, I would have voted ‘‘no.’’ to be a Member of the Federal Election
IN THE HOUSE OF REPRESENTATIVES Commission.
I missed Roll Call vote number 85. Had I
Wednesday, March 4, 2020 SR–301
been present, I would have voted ‘‘yes.’’ 2:15 p.m.
Mr. GIANFORTE. Madam Speaker, I rise I missed Roll Call vote number 86. Had I Committee on Appropriations
today to honor Jason Samsal of Sunburst for been present, I would have voted ‘‘yes.’’ Subcommittee on State, Foreign Oper-
his innovation as a conservationist on his f ations, and Related Programs
Montana family farm. To hold hearings to examine fragility in
Jason’s land, just north of Shelby, has been SENATE COMMITTEE MEETINGS the Sahel.
in his family for generations. When Jason was Title IV of Senate Resolution 4, SD–138
dlhill on DSKBBY8HB2PROD with REMARKS
11 years old, his grandpa began teaching him agreed to by the Senate of February 4, 2:30 p.m.
the ways of the farmer and rancher. Jason 1977, calls for establishment of a sys- Committee on the Judiciary
Subcommittee on Intellectual Property
has worked alongside his father for more than tem for a computerized schedule of all
To hold hearings to examine copyright
three decades. For him, it’s the independence meetings and hearings of Senate com- law in foreign jurisdictions, focusing
and lifestyle that he loves so much. mittees, subcommittees, joint commit- on how other countries are handling
Jason has been an example for many Mon- tees, and committees of conference. digital piracy.
tana farmers and ranchers. Participating in This title requires all such committees SD–226
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March 4, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E263
MARCH 11 2:30 p.m. cent the rates of scanning of commer-
10 a.m. Committee on Appropriations cial and passenger vehicles entering
Committee on Appropriations Subcommittee on Energy and Water Devel- the United States at land ports of
Subcommittee on Department of Defense opment entry along the border using large-
To hold hearings to examine proposed To hold hearings to examine proposed scale non-intrusive inspection systems
budget estimates and justification for budget estimates and justification for to enhance border security, H.R. 4713,
fiscal year 2021 for the Navy and Ma- fiscal year 2021 for the Army Corps of to amend the Homeland Security Act
rine Corps. Engineers and the Bureau of Reclama- of 2002 to make certain improvements
SD–138 tion within the Department of the In- in the Office for Civil Rights and Civil
Committee on Armed Services terior.
Liberties of the Department of Home-
Subcommittee on SeaPower SD–138
land Security, H.R. 4739, to amend the
To hold hearings to examine Marine Committee on Armed Services
To hold hearings to examine personnel Homeland Security Act of 2002 to pro-
Corps ground modernization in review tect U.S. Customs and Border Protec-
of the Defense Authorization Request programs in the Department of Defense
in review of the Defense Authorization tion officers, agents, other personnel,
for fiscal year 2021 and the Future
Request for fiscal year 2021 and the Fu- and canines against potential synthetic
Years Defense Program.
ture Years Defense Program. opioid exposure, H.R. 1833, to designate
SR–222
Committee on Commerce, Science, and SD–106 the facility of the United States Postal
Transportation Committee on Homeland Security and Service located at 35 Tulip Avenue in
Business meeting to consider S. 1046, to Governmental Affairs Floral Park, New York, as the ‘‘Lieu-
establish the Office of Internet Business meeting to consider S. 3045, to tenant Michael R. Davidson Post Office
Connectivity and Growth, S. 3132, to amend the Homeland Security Act of Building’’, H.R. 3207, to designate the
extend the Undertaking Spam, 2002 to protect United States critical facility of the United States Postal
Spyware, And Fraud Enforcement With infrastructure by ensuring that the Cy- Service located at 114 Mill Street in
Enforcers beyond Borders Act of 2006, bersecurity and Infrastructure Secu- Hookstown, Pennsylvania, as the
S. 3191, to increase the capacity of re- rity Agency has the legal tools it needs ‘‘Staff Sergeant Dylan Elchin Post Of-
search and development programs of to notify private and public sector en- fice Building’’, H.R. 3329, to designate
the Federal Government that focus on tities put at risk by cybersecurity the facility of the United States Postal
industries of the future, S. 3248, to re- vulnerabilities in the networks and Service located at 5186 Benito Street in
authorize the United States Anti- systems that control critical assets of Montclair, California, as the ‘‘Paul
Doping Agency, S. 3303, to amend title the United States, S. 2757, to waive the
Eaton Post Office Building’’, H.R. 4794,
49, United States Code, to promote imposition of a civil fine for certain
to designate the facility of the United
transportation career opportunities first-time paperwork violations by
small business concerns, S. 2502, to ban States Postal Service located at 8320
and improve diversity in the work- 13th Avenue in Brooklyn, New York, as
force, H.R. 835, to impose criminal the Federal procurement of certain
drones and other unmanned aircraft the ‘‘Mother Frances Xavier Cabrini
sanctions on certain persons involved
systems, S. 2722, to prohibit agencies Post Office Building’’, H.R. 4981, to des-
in international doping fraud conspir-
from using Federal funds for publicity ignate the facility of the United States
acies, to provide restitution for victims
of such conspiracies, and to require or propaganda purposes, S. 3207, to re- Postal Service located at 2505 Derita
sharing of information with the United quire the Director of the Cybersecurity Avenue in Charlotte, North Carolina,
States Anti-Doping Agency to assist and Infrastructure Security Agency to as the ‘‘Julius L. Chambers Civil
its fight against doping, and routine establish a Cybersecurity State Coordi- Rights Memorial Post Office’’, H.R.
lists in the Coast Guard; to be imme- nator in each State, S. 3332, to amend 5037, to designate the facility of the
diately followed by a hearing to exam- title 5, United States Code, to provide United States Postal Service located at
ine pending nominations. for the halt in pension payments for 3703 North Main Street in Farmville,
SR–253 Members of Congress sentenced for cer- North Carolina, as the ‘‘Walter B.
Committee on Environment and Public tain offenses, S. 2847, to designate the Jones, Jr. Post Office’’, H.R. 3317, to
Works facility of the United States Postal permit the Scipio A. Jones Post Office
To hold hearings to examine pending Service located at 42 Main Street in in Little Rock, Arkansas, to accept and
nominations. Slatersville, Rhode Island, as the ‘‘Spe- display a portrait of Scipio A. Jones,
SD–406 cialist Matthew R. Turcotte Post Of-
an original bill entitled, ‘‘Protecting
Committee on the Judiciary fice’’, S. 2945, to designate the facility
and Securing Chemical Facilities from
To hold hearings to examine the EARN of the United States Postal Service lo-
Terrorist Attacks Act of 2020’’, an
IT Act, focusing on holding the tech in- cated at 171 South Maple Street in
Dana, Indiana, as the Ernest ‘‘Ernie’’ original bill entitled, ‘‘Guidance Clar-
dustry accountable in the fight against ity Act of 2020’’, an original bill enti-
online child sexual exploitation. T. Pyle Post Office, S. 3257, to des-
ignate the facility of the United States tled, ‘‘Safeguarding Tomorrow through
SD–226
Postal Service located at 311 West Wis- Ongoing Risk Mitigation Act of 2020’’,
Committee on Veterans’ Affairs
consin Avenue in Tomahawk, Wis- and the motion to issue a subpoena to
To hold a joint hearing with the House
Committee on Veterans’ Affairs to ex- consin, as the ‘‘Einar ‘Sarge’ H. Andrii Telizhenko as described in
amine the legislative presentation of Ingman, Jr. Post Office Building’’, S. Schedule A.
The American Legion. 3365, to designate the facility of the SD–342
SD–G50 United States Postal Service located at
2 p.m. 100 Crosby Street in Mansfield, Lou- MARCH 12
Committee on Appropriations isiana, as the ‘‘Dr. C.O. Simpkins, Sr., 10 a.m.
Subcommittee on Legislative Branch Post Office’’, H.R. 3675, to require a re- Committee on Small Business and Entre-
To hold hearings to examine proposed view of Department of Homeland Secu- preneurship
budget estimates and justification for rity trusted traveler programs, H.R. To hold hearings to examine the
fiscal year 2021 for the Government Ac- 2589, to amend the Homeland Security coronavirus and America’s small busi-
countability Office and Congressional Act of 2002 to establish a homeland in- ness supply chain.
Budget Office. telligence doctrine for the Department
SR–428A
SD–124 of Homeland Security, H.R. 4761, to en-
Committee on Appropriations sure U.S. Customs and Border Protec-
MARCH 24
Subcommittee on Transportation, Housing tion officers, agents, and other per-
and Urban Development, and Related sonnel have adequate synthetic opioid 10 a.m.
Agencies detection equipment, that the Depart- Committee on Banking, Housing, and
To hold hearings to examine proposed ment of Homeland Security has a proc- Urban Affairs
budget estimates and justification for ess to update synthetic opioid detec- To hold an oversight hearing to examine
fiscal year 2021 for the Department of tion capability, H.R. 5273, to require the Office of the Comptroller of the
Housing and Urban Development. the Secretary of Homeland Security to Currency.
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SD–192 develop a plan to increase to 100 per- SD–538
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Wednesday, March 4, 2020
Daily Digest
Senate
Prior to the consideration of this measure today,
Chamber Action Senate also took the following action:
Routine Proceedings, pages S1449–S1508 By 90 yeas to 4 nays (Vote No. 64), Senate agreed
Measures Introduced: Nine bills and four resolu- to the motion to proceed to consideration of the bill.
tions were introduced, as follows: S. 3385–3393, and Page S1452
S. Res. 527–530. Pages S1476–77 A unanimous-consent agreement was reached pro-
viding for further consideration of the bill at ap-
Measures Passed: proximately 10 a.m., on Thursday, March 5, 2020.
Secure 5G and Beyond Act: Senate passed S. 893, Page S1507
to require the President to develop a strategy to en- Coronavirus Preparedness and Response Supple-
sure the security of next generation mobile tele- mental Appropriations Act—Agreement: A unan-
communications systems and infrastructure in the imous-consent-time agreement was reached pro-
United States and to assist allies and strategic part- viding that at 11:15 a.m., on Thursday, March 5,
ners in maximizing the security of next generation 2020, Senate begin consideration of H.R. 6074,
mobile telecommunications systems, infrastructure, making emergency supplemental appropriations for
and software, after withdrawing the committee the fiscal year ending September 30, 2020, and the
amendment in the nature of a substitute, and agree- only amendment in order be Paul Amendment No.
ing to the following amendment proposed thereto: 1506; that 20 minutes of debate prior to 12 noon
Pages S1506–07 be under the control of Senator Paul, or his designee;
McConnell (for Cornyn) Amendment No. 1510, in that Senate vote on or in relation to Paul Amend-
the nature of a substitute. Page S1507 ment No. 1506 at 12 noon, and upon disposition of
Rare Disease Day: Senate agreed to S. Res. 529, Paul Amendment No. 1506, the time until 1:45
designating February 29, 2020, as ‘‘Rare Disease p.m. be equally divided between the two Leaders, or
Day’’. Page S1507 their designees, and Senate vote on passage of the
bill, as amended, if amended, with a 60 affirmative
National Assistive Technology Awareness Day: vote threshold required for passage; and that the last
Senate agreed to S. Res. 530, designating March 4, ten minutes of debate be under the control of Sen-
2020, as ‘‘National Assistive Technology Awareness ators Leahy and Shelby. Page S1507
Day’’. Page S1507
Message from the President: Senate received the
Measures Considered: following message from the President of the United
Advanced Geothermal Innovation Leadership States:
Act—Agreement: Senate began consideration of S. Transmitting, pursuant to law, a report on the
2657, to support innovation in advanced geothermal continuation of the national emergency originally de-
research and development, after agreeing to the mo- clared in executive order 13288 of March 6, 2003,
tion to proceed, withdrawing the committee amend- with respect to the actions and policies of certain
ment in the nature of a substitute, and taking action members of the Government of Zimbabwe and other
on the following amendments proposed thereto: persons to undermine Zimbabwe’s democratic proc-
Pages S1450–52, S1452–68 esses or institutions; which was referred to the Com-
Pending: mittee on Banking, Housing, and Urban Affairs.
Murkowski Amendment No. 1407, in the nature (PM–49) Page S1475
of a substitute. Page S1452 Nominations Confirmed: Senate confirmed the fol-
McConnell (for Ernst) Amendment No. 1419 (to lowing nominations:
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Amendment No. 1407), to establish a grant program 2 Air Force nominations in the rank of general.
for training wind technicians. Pages S1452–53 Pages S1507–08
D230
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March 4, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D231
Messages from the House: Page S1475 APPROPRIATIONS: DOE
Measures Referred: Pages S1475–76 Committee on Appropriations: Subcommittee on Energy
Executive Communications: Page S1476
and Water Development concluded a hearing to ex-
amine proposed budget estimates and justification
Additional Cosponsors: Pages S1477–78 for fiscal year 2021 for the Department of Energy,
Additional Statements: Pages S1474–75 after receiving testimony from Dan Brouillette, Sec-
Amendments Submitted: Pages S1480–S1505
retary of Energy.
Authorities for Committees to Meet: NAVAL AIR STATION PENSACOLA
Pages S1505–06 Committee on Armed Services: Subcommittee on Emerg-
Record Votes: One record vote was taken today. ing Threats and Capabilities concluded open and
(Total—64) Page S1452 closed hearings to examine the Department of De-
Adjournment: Senate convened at 10 a.m. and ad- fense review of vetting policies for international
journed at 7 p.m., until 10 a.m. on Thursday, March military students following the attack on Naval Air
5, 2020. (For Senate’s program, see the remarks of Station Pensacola, after receiving testimony from
the Majority Leader in today’s Record on page Garry Reid, Director for Defense Intelligence (Coun-
S1507.) terintelligence, Law Enforcement, and Security), Of-
fice of the Under Secretary for Intelligence and Secu-
rity, and Lieutenant General Charles W. Hooper,
Committee Meetings USA, Director, Defense Security Cooperation Agen-
cy, both of the Department of Defense.
(Committees not listed did not meet)
DEFENSE AUTHORIZATION REQUEST AND
APPROPRIATIONS: NATIONAL GUARD FUTURE YEARS DEFENSE PROGRAM
AND RESERVE Committee on Armed Services: Subcommittee on
Committee on Appropriations: Subcommittee on Depart- SeaPower concluded a hearing to examine Navy
ment of Defense concluded a hearing to examine shipbuilding programs in review of the Defense Au-
proposed budget estimates and justification for fiscal thorization Request for fiscal year 2021 and the Fu-
year 2021 for the National Guard and Reserve, after ture Years Defense Program, after receiving testi-
receiving testimony from General Joseph Lengyel, mony from James F. Geurts, Assistant Secretary of
Chief, National Guard Bureau, Lieutenant General the Navy for Research, Development, and Acquisi-
Charles D. Luckey, Chief of Army Reserve, Lieuten- tion, Lieutenant General Eric M. Smith, USMC,
ant General Richard W. Scobee, Chief of Air Force Commanding General, Marine Corps Combat Devel-
Reserve, Vice Admiral Luke M. McCollum, Chief of opment Command, Deputy Commandant for Com-
Navy Reserve, and Lieutenant General David G. bat Development and Integration, and Vice Admiral
Bellon, Commander of Marine Corps Forces Reserve, James W. Kilby, USN, Deputy Chief of Naval Op-
all of the Department of Defense. erations for Warfighting Requirements and Capabili-
ties, all of the Department of Defense.
APPROPRIATIONS: DOI DEFENSE AUTHORIZATION REQUEST AND
Committee on Appropriations: Subcommittee on Depart- FUTURE YEARS DEFENSE PROGRAM
ment of the Interior, Environment, and Related Committee on Armed Services: Committee concluded a
Agencies concluded a hearing to examine proposed hearing to examine the Department of Defense
budget estimates and justification for fiscal year budget posture in review of the Defense Authoriza-
2021 for the Department of the Interior, after receiv- tion Request for fiscal year 2021 and the Future
ing testimony from David Bernhardt, Secretary of Years Defense Program, after receiving testimony
the Interior. from Mark T. Esper, Secretary, and General Mark A.
Milley, USA, Chairman, Joint Chiefs of Staff, both
APPROPRIATIONS: DOT of the Department of Defense.
Committee on Appropriations: Subcommittee on Trans-
portation, Housing and Urban Development, and 5G SUPPLY CHAIN SECURITY
Related Agencies concluded a hearing to examine Committee on Commerce, Science, and Transportation:
proposed budget estimates and justification for fiscal Committee concluded a hearing to examine 5G sup-
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year 2021 for the Department of Transportation, ply chain security, focusing on threats and solutions,
after receiving testimony from Elaine L. Chao, Sec- after receiving testimony from Steven K. Berry,
retary of Transportation. Competitive Carriers Association, Jason S. Boswell,
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D232 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2020
Ericsson North America, Asha Keddy, Intel Corpora- Mounds Mississippian Culture National Historical
tion, and James A. Lewis, Center for Strategic and Park in the States of Illinois and Missouri, S. 2827,
International Studies, all of Washington, D.C.; and to amend title 54, United States Code, to establish
Michael Murphy, Nokia, Irving, Texas. within the National Park Service the U.S. African-
ROLE OF AVIATION IN CONTAINING THE American Burial Grounds Network, S. 2924, to es-
SPREAD OF CORONAVIRUS tablish the Bandelier National Park and Preserve in
the State of New Mexico, S. 3098, to redesignate the
Committee on Commerce, Science, and Transportation: Sub- Jimmy Carter National Historic Site as the ‘‘Jimmy
committee on Aviation and Space concluded a hear- Carter National Historical Park’’, S. 3119, to modify
ing to examine the role of global aviation in con- the boundary of the Casa Grande Ruins National
taining the spread of infectious disease, focusing on Monument, S. 3121, to establish the Chiricahua Na-
coronavirus, after receiving testimony from Joel tional Park in the State of Arizona as a unit of the
Szabat, Assistant Secretary of Transportation for National Park System, S. 3265, to redesignate the
Aviation and International Affairs, performing the Weir Farm National Historic Site in the State of
duties of the Undersecretary of Transportation for Connecticut as the ‘‘Weir Farm National Historical
Policy; Rear Admiral Stephen C. Redd, Public Park’’, S. 3331, to modify the boundary of the
Health Service, Director, Office of Public Health Rocky Mountain National Park, H.R. 182, to extend
Preparedness and Response, Centers for Disease Con- the authorization for the Cape Cod National Seashore
trol and Prevention, Department of Health and Advisory Commission, and H.R. 1472, to rename
Human Services; and William Ferrara, Executive As- the Homestead National Monument of America near
sistant Commissioner for Operations Support, Cus- Beatrice, Nebraska, as the Homestead National His-
toms and Border Protection, Department of Home- torical Park, after receiving testimony from Shawn
land Security. Benge, Acting Deputy Director, Operations, Na-
IMPACT OF INVASIVE SPECIES tional Park Service, Department of the Interior.
Committee on Energy and Natural Resources: Sub- NUCLEAR REGULATORY COMMISSION
committee on Water and Power concluded a hearing OVERSIGHT
to examine the impact of invasive species on Bureau
of Reclamation facilities and management of water Committee on Environment and Public Works: Com-
resources in the West, after receiving testimony from mittee concluded an oversight hearing to examine
Scott Cameron, Principal Deputy Assistant Secretary the Nuclear Regulatory Commission, after receiving
for Policy, Management and Budget, Department of testimony from Kristine L. Svinicki, Chairman, and
the Interior; Mayor Jackie A. Meck, Buckeye, Ari- Jeff Baran, Annie Caputo, and David A. Wright,
zona; Stephanie Criswell, Montana Department of each a Commissioner, all of the Nuclear Regulatory
Natural Resources and Conservation, Helena, on be- Commission.
half of the Western Invasive Species Council; Mi- DEPARTMENT OF HOMELAND SECURITY
chael Preston, Dolores Water Conservancy District, BUDGET
Cortez, Colorado; and Julie W. Regan, Tahoe Re-
gional Planning Agency, Stateline, Nevada. Committee on Homeland Security and Governmental Af-
fairs: Committee concluded a hearing to examine the
NATIONAL PARKS LEGISLATION President’s proposed budget request for 2021 for the
Committee on Energy and Natural Resources: Sub- Department of Homeland Security, after receiving
committee on National Parks concluded a hearing to testimony from Chad Wolf, Acting Secretary of
examine S. 1863, to require the Secretary of the In- Homeland Security.
terior to conduct a special resource study of the sites
associated with the life and legacy of the noted INDIAN AFFAIRS LEGISLATION
American philanthropist and business executive Ju- Committee on Indian Affairs: Committee concluded a
lius Rosenwald, with a special focus on the Rosen- hearing to examine S. 2610, to reauthorize certain
wald Schools, S. 1910, to rename the Homestead programs under the Office of Indian Energy Policy
National Monument of America near Beatrice, Ne- and Programs of the Department of Energy, and S.
braska, as the Homestead National Historical Park, 2891, to require the Secretary of the Interior to es-
S. 1969, to authorize the Fallen Journalists Memorial tablish Tribal Wildlife Corridors, after receiving tes-
Foundation to establish a commemorative work in timony from Kevin R. Frost, Director, Office of In-
the District of Columbia and its environs, S. 2206, dian Energy Policy and Programs, Department of
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to express the sense of Congress regarding restoration Energy; Stephen Guertin, Deputy Director for Pol-
and maintenance of the Mardasson Memorial in Bas- icy, Fish and Wildlife Service, Department of the In-
togne, Belgium, S. 2340, to establish the Cahokia terior; Lawrence Montoya, Pueblo of Santa Ana, New
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March 4, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D233
Mexico; and Raymond Auginaush, Sr., White Earth tech and Beijing, after receiving testimony from
Tribal Nation, Ogema, Minnesota. Clyde E. Wallace, Deputy Assistant Director, Cyber
NOMINATIONS Division, Federal Bureau of Investigation, and Adam
S. Hickey, Deputy Assistant Attorney General, Na-
Committee on the Judiciary: Committee concluded a tional Security Division, both of the Department of
hearing to examine the nominations of John Peter Justice; Bryan Ware, Assistant Director for Cyberse-
Cronan, to be United States District Judge for the
Southern District of New York, Thomas T. Cullen, curity, Cybersecurity and Infrastructure Security
to be United States District Judge for the Western Agency, Department of Homeland Security; and
District of Virginia, who was introduced by Senators Derek Scissors, American Enterprise Institute, and
Warner and Kaine, and Jennifer P. Togliatti, to be Samm Sacks, New America, both of Washington,
United States District Judge for the District of Ne- D.C.
vada, who was introduced by Senators Cortez Masto
and Rosen, after the nominees testified and answered INTELLIGENCE
questions in their own behalf. Select Committee on Intelligence: Committee held closed
BIG TECH AND BEIJING hearings on intelligence matters, receiving testimony
from officials of the intelligence community.
Committee on the Judiciary: Subcommittee on Crime
and Terrorism concluded a hearing to examine big Committee recessed subject to the call.
h
House of Representatives
Authorizing the use of Emancipation Hall in the
Chamber Action Capitol Visitor Center for a ceremony to present
Public Bills and Resolutions Introduced: 21 pub- the Congressional Gold Medal collectively to the
lic bills, H.R. 6071–6091; and 2 resolutions, H. Chinese-American veterans of World War II:
Con. Res. 95; and H. Res. 885, were introduced. The House agreed to discharge from committee and
Pages H1503–04 agree to H. Con. Res. 91, authorizing the use of
Additional Cosponsors: Pages H1505–06 Emancipation Hall in the Capitol Visitor Center for
a ceremony to present the Congressional Gold Medal
Reports Filed: There were no reports filed today. collectively to the Chinese-American veterans of
Speaker: Read a letter from the Speaker wherein she World War II. Pages H1484–85
appointed Representative Butterfield to act as Speak- Authorizing the use of Emancipation Hall for a
er pro tempore for today. Page H1473 ceremony as part of the commemoration of the
Recess: The House recessed at 10:11 a.m. and re- days of remembrance of victims of the Holo-
convened at 12 noon. Page H1474 caust: The House agreed to discharge from com-
mittee and agree to H. Con. Res. 87, authorizing
Guest Chaplain: The prayer was offered by the
the use of Emancipation Hall for a ceremony as part
Guest Chaplain, Pastor Ethan Magness, First Chris- of the commemoration of the days of remembrance
tian Church, Johnson City, Tennessee. Page H1474
of victims of the Holocaust. Page H1485
Board of Visitors to the United States Air Force Rights for Transportation Security Officers Act
Academy—Appointment: The Chair announced of 2020: The House considered H.R. 1140, to en-
the Speaker’s appointment of the following Member hance the security operations of the Transportation
on the part of the House to the Board of Visitors Security Administration and stability of the trans-
to the United States Air Force Academy: Representa- portation security workforce by applying the per-
tive Ted Lieu (CA). Page H1477 sonnel system under title 5, United States Code, to
National Council on the Arts—Appointment: employees of the Transportation Security Adminis-
The Chair announced the Speaker’s appointment of tration who provide screening of all passengers and
the following Member on the part of the House to property. Consideration is expected to resume tomor-
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the National Council on the Arts: Representative row, March 5th. Pages H1477–84, H1485–89
Adams. Page H1477 Pursuant to the Rule, the amendment in the na-
ture of a substitute recommended by the Committee
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D234 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2020
on Homeland Security now printed in the bill shall
be considered as adopted in the House and in the Committee Meetings
Committee of the Whole. Page H1485 THE STATE OF THE RURAL ECONOMY
H. Res. 877, the rule providing for consideration WITH AGRICULTURE SECRETARY SONNY
of the bill (H.R. 1140) was agreed to by a yea-and- PERDUE
nay vote of 220 yeas to 192 nays, Roll No. 84, after Committee on Agriculture: Full Committee held a hear-
the previous question was ordered by a yea-and-nay ing entitled ‘‘The State of the Rural Economy with
vote of 219 yeas to 194 nays, Roll No. 83. Agriculture Secretary Sonny Perdue’’. Testimony was
Pages H1483–84
heard from Sonny Perdue, Secretary, Department of
Recess: The House recessed at 2:45 p.m. and recon- Agriculture.
vened at 4 p.m. Page H1494
APPROPRIATIONS—ENVIRONMENTAL
Suspension—Proceedings Resumed: The House PROTECTION AGENCY
agreed to suspend the rules and pass the following
measure. Consideration began Tuesday, March 3rd. Committee on Appropriations: Subcommittee on Inte-
rior, Environment, and Related Agencies held a
Taiwan Allies International Protection and En- budget hearing on the Environmental Protection
hancement Initiative (TAIPEI) Act: S. 1678, Agency. Testimony was heard from David Bloom,
amended, to express United States support for Tai- Acting Chief Financial Officer, Environmental Pro-
wan’s diplomatic alliances around the world, by a 2⁄3 tection Agency; and Andrew Wheeler, Adminis-
yea-and-nay vote of 415 yeas with none voting trator, Environmental Protection Agency.
‘‘nay’’, Roll No. 85. Pages H1494–95
APPROPRIATIONS—DEPARTMENT OF THE
Suspensions: The House agreed to suspend the rules TREASURY
and pass the following measure:
Committee on Appropriations: Subcommittee on Finan-
Coronavirus Preparedness and Response Supple- cial Services and General Government held a budget
mental Appropriations Act, 2020: H.R. 6074, mak- hearing on the Department of the Treasury. Testi-
ing emergency supplemental appropriations for the mony was heard from Steven Mnuchin, Secretary,
fiscal year ending September 30, 2020, by a 2⁄3 yea- Department of the Treasury.
and-nay vote of 415 yeas to 2 nays, Roll No. 86.
Pages H1489–94, H1495–96 APPROPRIATIONS—NATIONAL
Meeting Hour: Agreed by unanimous consent that INSTITUTES OF HEALTH
when the House adjourns today, it adjourn to meet Committee on Appropriations: Subcommittee on the De-
at 9 a.m. tomorrow, March 5th. Page H1496 partments of Labor, Health and Human Services,
Presidential Message: Read a message from the Education, and Related Agencies held a budget hear-
ing on the National Institutes of Health. Testimony
President wherein he notified Congress that the na- was heard from the following National Institutes of
tional emergency with respect to Zimbabwe that was Health officials: Diana Bianchi, Director, Eunice
declared in Executive Order 13288 of March 6, 2003 Kennedy Shriver National Institute of Child Health
is to continue in effect beyond March 6, 2020—re- and Human Development; Francis Collins, Director;
ferred to the Committee on Foreign Affairs and or- Anthony Fauci, Director, National Institute of Al-
dered to be printed (H. Doc. 116–104). Page H1489 lergy and Infectious Diseases; Gary Gibbons, Direc-
Senate Referral: S. 1869 was referred to the Com- tor, National Heart, Lung, and Blood Institute; Ned
mittee on Transportation and Infrastructure. Sharpless, Director, National Cancer Institute; and
Page H1502 Nora Volkow, Director, National Institute on Drug
Senate Message: Message received from the Senate Abuse.
by the Clerk and subsequently presented to the APPROPRIATIONS—DEPARTMENT OF
House today appears on page 1499. HOUSING AND URBAN DEVELOPMENT
Quorum Calls—Votes: Four yea-and-nay votes de- Committee on Appropriations: Subcommittee on the De-
veloped during the proceedings of today and appear partments of Transportation, and Housing and
on pages H1483–84, H1484, H1494–95, and Urban Development, and Related Agencies held a
H1495. There were no quorum calls. budget hearing on the Department of Housing and
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Adjournment: The House met at 10 a.m. and ad- Urban Development. Testimony was heard from Ben
journed at 5:55 p.m. Carson, Secretary, Department of Housing and
Urban Development.
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March 4, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D235
APPROPRIATIONS—DEPARTMENT OF heard from the following National Nuclear Security
VETERANS AFFAIRS Administration officials: Admiral James Caldwell,
Committee on Appropriations: Subcommittee on Mili- Deputy Administrator, Naval Reactors; Lisa E. Gor-
tary Construction, Veterans Affairs, and Related don-Hagerty, Administrator; Brent K. Park, Deputy
Agencies held a budget hearing on the Department Administrator, Defense Nuclear Nonproliferation;
of Veterans Affairs. Testimony was heard from the and Charles P. Verdon, Deputy Administrator, De-
following Department of Veterans Affairs officials: fense Programs.
Paul R. Lawrence, Under Secretary for Benefits; Jon
Rychalski, Assistant Secretary for Management and PUBLIC WITNESS DAY
Chief Financial Officer; Richard A. Stone, Executive Committee on Appropriations: Subcommittee on Legisla-
in Charge, Veterans Health Administration; and tive Branch held a hearing entitled ‘‘Public Witness
Robert Wilkie, Secretary. Day’’. Testimony was heard from public witnesses.
APPROPRIATIONS—U.S. NAVY AND
MARINE CORPS U.S. SPACE FORCE ORGANIZATIONAL
Committee on Appropriations: Subcommittee on Defense PLAN
held a budget hearing on the U.S. Navy and Marine Committee on Appropriations: Subcommittee on Defense
Corps. Testimony was heard from General David H. held a hearing entitled ‘‘U.S. Space Force Organiza-
Berger, Commandant of the Marine Corps; Admiral tional Plan’’. Testimony was heard from Major Gen-
Michael M. Gilday, Chief of Naval Operations; and eral Clinton E. Crosier, Director, Space Force Plan-
Thomas B. Modly, Acting Secretary of the Navy. ning, Office of the Chief of Space Operations; and
MEMBER DAY Lieutenant General David D. Thompson, Vice Com-
Committee on Appropriations: Subcommittee on Legisla- mander, U.S. Space Force.
tive Branch held a hearing entitled ‘‘Member Day’’.
Testimony was heard from Chairman Kilmer, and THE FISCAL YEAR 2021 NATIONAL
Representatives Rodney Davis of Illinois, Fitzpatrick, DEFENSE AUTHORIZATION BUDGET
Golden, and Graves of Georgia. REQUEST FOR THE DEPARTMENT OF THE
AIR FORCE
APPROPRIATIONS—EXPORT AND
FINANCE AGENCIES Committee on Armed Services: Full Committee held a
hearing entitled ‘‘The Fiscal Year 2021 National De-
Committee on Appropriations: Subcommittee on State, fense Authorization Budget Request for the Depart-
Foreign Operations, and Related Programs held a ment of the Air Force’’. Testimony was heard from
budget hearing on the Export and Finance Agencies.
Testimony was heard from Adam Boehler, Chief Ex- Barbara Barrett, Secretary of the Air Force, Depart-
ecutive Officer, U.S. International Development Fi- ment of the Air Force; General David Goldfein,
nance Corporation; Thomas Hardy, Acting Director, Chief of Staff, Department of the Air Force; and
U.S. Trade and Development Agency; and Kimberly General John Raymond, Chief of Space Operations,
Reed, President and Chairman, Export-Import Bank U.S. Space Force.
of the United States.
DEPARTMENT OF THE NAVY FISCAL YEAR
MEMBER DAY 2021 BUDGET REQUEST FOR SEAPOWER
Committee on Appropriations: Subcommittee on Com- AND PROJECTION FORCES
merce, Justice, Science, and Related Agencies held a Committee on Armed Services: Subcommittee on
hearing entitled ‘‘Member Day’’. Testimony was Seapower and Projection Forces held a hearing enti-
heard from Representatives Danny K. Davis of Illi- tled ‘‘Department of the Navy Fiscal Year 2021
nois, Gonzalez of Ohio, González-Colón of Puerto
Rico, Hill, Jackson Lee, Kennedy, Perlmutter, Budget Request for Seapower and Projection Forces’’.
Schneider, Visclosky, and Yoho. Testimony was heard from James F. Geurts, Assist-
ant Secretary of the Navy, Research Development
APPROPRIATIONS—DEPARTMENT OF and Acquisition, Department of the Navy; Vice Ad-
ENERGY NATIONAL NUCLEAR SECURITY miral James W. Kilby, Deputy Chief of Naval Oper-
ADMINISTRATION ations, Warfighting Requirements and Capabilities
Committee on Appropriations: Subcommittee on Energy (N9), Department of the Navy; and Lieutenant Gen-
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and Water Development, and Related Agencies held eral Eric M. Smith, Deputy Commandant, Combat
a budget on the Department of Energy National Development and Integration, Headquarters, U.S.
Nuclear Security Administration. Testimony was Marine Corps.
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D236 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2020
THE FISCAL YEAR 2021 BUDGET REQUEST THE TRAFFICKERS’ ROADMAP: HOW BAD
FOR U.S. CYBER COMMAND AND ACTORS EXPLOIT FINANCIAL SYSTEMS TO
OPERATIONS IN CYBERSPACE FACILITATE THE ILLICIT TRADE IN
Committee on Armed Services: Subcommittee on Intel- PEOPLE, ANIMALS, DRUGS, AND WEAPONS
ligence and Emerging Threats and Capabilities held Committee on Financial Services: Subcommittee on Na-
a hearing entitled ‘‘The Fiscal Year 2021 Budget tional Security, International Development, and
Request for U.S. Cyber Command and Operations in Monetary Policy held a hearing entitled ‘‘The Traf-
Cyberspace’’. Testimony was heard from Kenneth P. fickers’ Roadmap: How Bad Actors Exploit Financial
Rapuano, Assistant Secretary of Defense for Home- Systems to Facilitate the Illicit Trade in People, Ani-
land Defense and Global Security, and Principal mals, Drugs, and Weapons’’. Testimony was heard
Cyber Advisor to the Secretary of Defense, Depart- from public witnesses.
ment of Defense; and General Paul M. Nakasone,
U.S. Army, Commander, U.S. Cyber Command, and DRIVERS OF DISCRIMINATION: AN
Director, National Security Agency, Department of EXAMINATION OF UNFAIR PREMIUMS,
Defense. PRACTICES, AND POLICIES IN THE AUTO
INSURANCE INDUSTRY
DEPARTMENT OF HEALTH AND HUMAN
SERVICES FY 2021 BUDGET Committee on Financial Services: Subcommittee on
Housing, Community Development, and Insurance
Committee on the Budget: Full Committee held a hear- held a hearing entitled ‘‘Drivers of Discrimination:
ing entitled ‘‘Department of Health and Human An Examination of Unfair Premiums, Practices, and
Services FY 2021 Budget’’. Testimony was heard Policies in the Auto Insurance Industry’’. Testimony
from Eric D. Hargan, Deputy Secretary, Department was heard from public witnesses.
of Health and Human Services.
MISCELLANEOUS MEASURES
REAUTHORIZING THE NATIONAL
APPRENTICESHIP ACT: STRENGTHENING Committee on Foreign Affairs: Full Committee held a
AND GROWING APPRENTICESHIPS FOR markup on H. Res. 512, calling for the global repeal
THE 21ST CENTURY of blasphemy, heresy, and apostasy laws; H.R. 5408,
the ‘‘Ukraine Religious Freedom Support Act’’; H.
Committee on Education and Labor: Subcommittee on Res. 742, recognizing the continued success of the
Higher Education and Workforce Investment held a Food for Peace Act; H.R. 5664, the ‘‘LIFT Act’’; H.
hearing entitled ‘‘Reauthorizing the National Ap- Res. 720, expressing the sense of House of Rep-
prenticeship Act: Strengthening and Growing Ap- resentatives that the International Olympic Com-
prenticeships for the 21st Century’’. Testimony was mittee should correct Jim Thorpe’s Olympic records
heard from Tiffany P. Robinson, Secretary, Maryland for his unprecedented accomplishments during the
Department of Labor; and public witnesses. 1912 Olympic Games; H.R. 2166, the ‘‘Global
Health Security Act’’; H.R. 2847, the ‘‘No Passport
BUYER BEWARE: FAKE AND UNSAFE Fees for Heroes’ Families Act’’; H. Res. 723, encour-
PRODUCTS aging all nations to end sexual violence against girls
Committee on Energy and Commerce: Subcommittee on through in-country data-driven reforms as dem-
Consumer Protection and Commerce held a hearing onstrated by multiple African nations; H. Res. 809,
entitled ‘‘Buyer Beware: Fake and Unsafe Products’’. expressing the importance of the United States alli-
Testimony was heard from public witnesses. ance with the Republic of Korea and the contribu-
tions of Korean Americans in the United States; H.
REDUCE, REUSE, RECYCLE, REFORM: Res. 458, reaffirming the strong partnership between
ADDRESSING AMERICA’S PLASTIC WASTE Tunisia and the United States and supporting the
CRISIS people of Tunisia in their continued pursuit of
Committee on Energy and Commerce: Subcommittee on democratic reforms; and H.R. 1611, the ‘‘Robert
Environment and Climate Change held a hearing en- Levinson Hostage Recovery and Hostage-Taking Ac-
titled ‘‘Reduce, Reuse, Recycle, Reform: Addressing countability Act’’. H. Res. 512, H.R. 5408, H. Res.
America’s Plastic Waste Crisis’’. Testimony was 742, H.R. 5664, H.R. 2166, H.R. 2847, H. Res.
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heard from Enrique C. Zaldivar, General Manager, 723, H. Res. 809, H. Res. 458, and H.R. 1611 were
Los Angeles Sanitation and Environment Bureau, ordered reported, as amended. H. Res. 720 was or-
City of Los Angeles, California; and public witnesses. dered reported, without amendment.
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March 4, 2020 CONGRESSIONAL RECORD — DAILY DIGEST CORRECTION D237
CONFRONTING THE CORONAVIRUS: the United States Postal Service located at 2600
PERSPECTIVES ON THE RESPONSE TO A Wesley Street in Greenville, Texas, as the ‘‘Audie
PANDEMIC THREAT Murphy Post Office Building’’. H.R. 4894, H.R.
Committee on Homeland Security: Full Committee held 6020, and H.R. 5307 were ordered reported, as
a hearing entitled ‘‘Confronting the Coronavirus: amended. H.R. 3870, H.R. 4875, H.R. 4971, H.R.
Perspectives on the Response to a Pandemic Threat’’. 5317, H.R. 5597, H.R. 5954, H.R. 5987, and H.R.
Testimony was heard from Ngozi O. Ezike, M.D., 5988 were ordered reported, without amendment.
Director, Illinois Department of Public Health; and MAKING IT A PRIORITY FOR THE
public witnesses. FEDERAL GOVERNMENT
EXAMINING THE DEPARTMENT OF THE Committee on Oversight and Reform: Subcommittee on
INTERIOR’S SPENDING PRIORITIES AND Government Operations held a hearing entitled
THE PRESIDENT’S FISCAL YEAR 2021 ‘‘Making IT a Priority for The Federal Government’’.
BUDGET PROPOSAL Testimony was heard from Anil Cheriyan, Director,
Committee on Natural Resources: Full Committee held Technology Transformation Services, General Serv-
a hearing entitled ‘‘Examining the Department of ices Administration; Carol C. Harris, Director, Infor-
the Interior’s Spending Priorities and the President’s mation Technology and Cybersecurity, Government
Fiscal Year 2021 Budget Proposal’’. Testimony was Accountability Office; and Bill Zielinski, Assistant
heard from Susan Combs, Assistant Secretary of Pol- Commissioner, Office of Information Technology
icy, Management and Budget, Department of the In- Category, General Services Administration.
terior. MISCELLANEOUS MEASURES
MISCELLANEOUS MEASURES Committee on Science, Space, and Technology: Sub-
Committee on Oversight and Reform: Full Committee committee on Environment held a markup on H.R.
held a markup on H.R. 4894 the ‘‘Congressional 5519, the ‘‘Atmospheric Climate Intervention Re-
Budget Justification Transparency Act’’; H.R. 6020, search Act’’; H.R. 4656, the ‘‘Background Ozone
a bill requiring a GAO Study on Minor League Research Act’’; and H.R. 3297, the ‘‘Harmful Algal
Baseball; H.R. 3870, to designate the facility of the Bloom Essential Forecasting Act’’. H.R. 4656 and
United States Postal Service located at 511 West H.R. 3297 were forwarded to the full Committee, as
165th Street in New York, New York, as the amended. H.R. 5519 was forwarded to the full Com-
‘‘Normandia Maldonado Post Office Building’’; H.R. mittee, without amendment.
4875, to designate the facility of the United States BUSINESS MEETING
Postal Service located at 2201 E. Maple Street in Committee on Small Business: Full Committee held a
North Canton, Ohio, as the ‘‘Lance Cpl. Stacy business meeting on the Committee’s Budget Views
‘Annie’ Dryden Post Office’’; H.R. 4971, to des- and Estimates for Fiscal Year 2021. The Budget and
ignate the facility of the United States Postal Service Views Estimates were approved, without amend-
located at 15 East Market Street in Leesburg, Vir- ment.
ginia, as the ‘‘Norman Duncan Post Office Build-
ing’’; H.R. 5307, to designate the facility of the BUILDING BLOCKS OF CHANGE: THE
United States Postal Service located at 115 Nicol BENEFITS OF BLOCKCHAIN TECHNOLOGY
Avenue in Thomasville, Alabama, as the ‘‘Postmaster FOR SMALL BUSINESSES
Robert Ingram Sr. Post Office’’; H.R. 5317, to des- Committee on Small Business: Full Committee held a
ignate the facility of the United States Postal Service hearing entitled ‘‘Building Blocks of Change: The
located at 315 Addicks Howell Road in Houston, Benefits of Blockchain Technology for Small Busi-
Texas, as the ‘‘Deputy Sandeep Singh Dhaliwal Post nesses’’. Testimony was heard from public witnesses.
Office Building’’; H.R. 5597, to designate the facil-
ity of the United States Postal Service located at 305 FUNDING A ROBUST FREIGHT AND
Northwest 5th Street in Oklahoma City, Oklahoma, PASSENGER RAIL NETWORK
as the ‘‘Clara Luper Post Office Building’’; H.R. Committee on Transportation and Infrastructure: Sub-
5954, to designate the facility of the United States committee on Railroads, Pipelines, and Hazardous
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Postal Service located at 108 West Maple Street in Materials held a hearing entitled ‘‘Funding a Robust
Holly, Michigan, as the ‘‘Holly Veterans Memorial Freight and Passenger Rail Network’’. Testimony
Post Office’’; H.R. 5987, to designate the facility of was heard from Sandra Bury, Mayor, Village of Oak
the United States Postal Service located at 909 West Lawn, Illinois; Kevin Corbett, President and Chief
Holiday Drive in Fate, Texas, as the ‘‘Ralph Hall Operating Officer, NJ TRANSIT Corporation; and
Post Office’’; H.R. 5988, to designate the facility of public witnesses.
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D238 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2020
EXAMINING THE IMPACT OF THE TAX Committee on Armed Services: to hold hearings to examine
CODE ON NATIVE AMERICAN TRIBES the posture of the Navy in review of the Defense Author-
ization Request for fiscal year 2021 and the Future Years
Committee on Ways and Means: Subcommittee on Se- Defense Program, 9:30 a.m., SD–G50.
lect Revenue Measures held a hearing entitled ‘‘Ex- Committee on Banking, Housing, and Urban Affairs: to
amining the Impact of the Tax Code on Native hold hearings to examine threats posed by state-owned
American Tribes’’. Testimony was heard from Rep- and state-supported enterprises to public transportation,
resentatives Davids of Kansas, Haaland, and Mullin; 10 a.m., SD–538.
and public witnesses. Committee on Energy and Natural Resources: to hold hear-
ings to examine the latest developments and longer-term
prospects for global energy markets, with a special focus
Joint Meetings on the United States, from the perspective of the Inter-
national Energy Agency, 9:30 a.m., SD–366.
VFW LEGISLATIVE PRESENTATION Committee on Foreign Relations: Subcommittee on State
Committee on Veterans’ Affairs: Senate Committee con- Department and USAID Management, International Op-
cluded a joint hearing with the House Committee erations, and Bilateral International Development, to hold
on Veterans’ Affairs to examine the legislative pres- hearings to examine the Global Engagement Center, fo-
entation of the Veterans of Foreign Wars of the cusing on leading the United States Government’s fight
United States, after receiving testimony from Wil- against global disinformation threat, 10 a.m., SD–419.
liam J. Schmitz, B.J. Lawrence, Ryan Gallucci, Car- Committee on Homeland Security and Governmental Affairs:
to hold hearings to examine the Federal interagency re-
los Fuentes, and Ronald Rusakiewicz, all of the Vet- sponse to the Coronavirus and preparing for future global
erans of Foreign Wars of the United States, Wash- pandemics, 9:30 a.m., SD–342.
ington, D.C. Committee on the Judiciary: business meeting to consider
f the nominations of Fernando L. Aenlle-Rocha, Stanley
Blumenfeld, and Mark C. Scarsi, each to be a United
NEW PUBLIC LAWS States District Judge for the Central District of Cali-
(For last listing of Public Laws, see DAILY DIGEST, p. D225) fornia, John Charles Hinderaker, to be United States Dis-
H.J. Res. 80, approving the request of the Sec- trict Judge for the District of Arizona, John Leonard
retary of Veterans Affairs for a waiver under section Badalamenti, to be United States District Judge for the
1703E(f) of title 38, United States Code. Signed on Middle District of Florida, William Scott Hardy, to be
March 3, 2020. (Public Law 116–120) United States District Judge for the Western District of
S. 394, to amend the Presidential Transition Act Pennsylvania, John F. Heil III, to be United States Dis-
trict Judge for the Northern, Eastern and Western Dis-
of 1963 to improve the orderly transfer of the execu- tricts of Oklahoma, David Cleveland Joseph, to be United
tive power during Presidential transitions. Signed on States District Judge for the Western District of Lou-
March 3, 2020. (Public Law 116–121) isiana, Anna M. Manasco, to be United States District
S. 2107, to increase the number of CBP Agri- Judge for the Northern District of Alabama, Drew B.
culture Specialists and support staff in the Office of Tipton, to be United States District Judge for the South-
Field Operations of U.S. Customs and Border Protec- ern District of Texas, and Grace Karaffa Obermann, of
tion. Signed on March 3, 2020. (Public Law Virginia, Stephen Sidney Schwartz, of Virginia, Kathryn
116–122) C. Davis, of Maryland, and Edward Hulvey Meyers, of
f Maryland, each to be a Judge of the United States Court
of Federal Claims, 10 a.m., SD–226.
COMMITTEE MEETINGS FOR THURSDAY,
MARCH 5, 2020 House
(Committee meetings are open unless otherwise indicated) Committee on Appropriations, Subcommittee on Defense,
hearing entitled ‘‘Defense Health Program (DHP)’’, 9
Senate a.m., 2359 Rayburn.
Committee on Appropriations: Subcommittee on Com- Subcommittee on Legislative Branch, budget hearing
merce, Justice, Science, and Related Agencies, to hold on the Architect of the Capitol, 10 a.m., HT–2 Capitol.
hearings to examine proposed budget estimates and jus- Subcommittee on Legislative Branch, budget hearing
tification for fiscal year 2021 for the Department of Com- on the Government Publishing Office, 11 a.m., HT–2
merce, 10 a.m., SD–192. Capitol.
Subcommittee on Departments of Labor, Health and Committee on Armed Services, Subcommittee on Tactical
Human Services, and Education, and Related Agencies, to Air and Land Forces, hearing entitled ‘‘The Fiscal Year
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hold hearings to examine proposed budget estimates and 2021 Army and Marine Corps Ground Modernization
justification for fiscal year 2021 for the Department of Programs’’, 9:30 a.m., 2212 Rayburn.
Education, 10 a.m., SD–124.
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March 4, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D239
Committee on the Judiciary, Subcommittee on the Con- standing the Spread of Infectious Diseases and Mobilizing
stitution, Civil Rights, and Civil Liberties, hearing enti- Innovative Solutions’’, 9 a.m., 2318 Rayburn.
tled ‘‘Presidential Clemency and Opportunities for Re- Committee on Veterans’ Affairs, Subcommittee on Tech-
form’’, 9 a.m., 2141 Rayburn. nology Modernization, hearing entitled ‘‘Getting It
Committee on Science, Space, and Technology, Full Com- Right: Challenges with the Go-live of Electronic Health
mittee, hearing entitled ‘‘Beyond Coronaviruses: Under- Record Modernization’’, 9 a.m., HVC–210.
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D240 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2020
Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES
10 a.m., Thursday, March 5 9 a.m., Thursday, March 5
Senate Chamber House Chamber
Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R.
ation of S. 2657, Advanced Geothermal Innovation Lead- 1140—Rights for Transportation Security Officers Act of
ership Act. 2020.
At 11:15 a.m., Senate will begin consideration of H.R.
6074, Coronavirus Preparedness and Response Supple-
mental Appropriations Act, and vote on or in relation to
Paul Amendment No. 1506, at 12 noon. Senate will vote
on passage of the bill at 1:45 p.m.
Extensions of Remarks, as inserted in this issue
HOUSE Dingell, Debbie, Mich., E256 Roby, Martha, Ala., E255
Garamendi, John, Calif., E257 Rogers, Mike, Ala., E257, E259, E261
Allred, Colin Z., Tex., E256 Gianforte, Greg, Mont., E262 Rose, John W., Tenn., E262
Banks, Jim, Ind., E258, E260 Gomez, Jimmy, Calif., E257 Rouzer, David, N.C., E260
Bustos, Cheri, Ill., E257, E259 Hern, Kevin, Okla., E262
Schweikert, David, Ariz., E258
Cartwright, Matt, Pa., E261 Hurd, Will, Tex., E258
Castor, Kathy, Fla., E256, E258, E260 Johnson, Dusty, S. Dak., E255 Sewell, Terri A., Ala., E261
Cisneros, Gilbert Ray, Jr., Calif., E255 Keating, William R., Mass., E259 Shalala, Donna E., Fla., E260
Costa, Jim, Calif., E255 Lieu, Ted, Calif., E260 Stevens, Haley M., Mich., E255
Cox, TJ, Calif., E260 Porter, Katie, Calif., E259, E261 Thompson, Bennie G., Miss., E258
DeLauro, Rosa L., Conn., E257 Riggleman, Denver, Va., E256, E257 Visclosky, Peter J., Ind., E259
Congressional Record
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