[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Pages S5230-S5240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERIOR, ENVIRONMENT, FINANCIAL SERVICES, AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2019
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of H.R. 6147, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (H.R. 6147) making appropriations for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2019, and for other
purposes.
Pending:
Shelby amendment No. 3399, in the nature of a substitute.
Murkowski amendment No. 3400 (to amendment No. 3399), of a
perfecting nature.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SHELBY. Madam President, this week the Senate takes another step
toward regular order in the appropriations process in the Senate.
The package before the Senate today contains the fiscal year 2019
appropriations bills for the Subcommittees on Interior; Financial
Services; Agriculture; and Transportation, Housing and Urban
Development. We have not debated an interior appropriations bill on the
floor of the U.S. Senate in nearly 10 years.
The Financial Services appropriations bill has not seen floor action
in several years either. Why? Because year after year, party-line votes
in committees represented the end of the line in the legislative
process. Yet here we are today debating both of these appropriations
bills and more on the Senate floor.
So what changed? What changed was the mindset of appropriators on
both sides of the aisle who embraced a willingness to sacrifice
partisan riders and priorities outside the committee's jurisdiction for
the good of the process. Together we have committed to do what is good
for the process because we want to do what is right by the American
people.
This approach is yielding meaningful results thus far. The Interior
and Financial Services bills in this package both won the unanimous
approval of the Appropriations Committee, which is generally unheard
of--unanimous, Madam President. We haven't seen that level of support
for these bills in quite some time around here.
The Agriculture and Transportation, Housing and Urban Development
bills also garnered unanimous support of the Appropriations Committee.
I want to take a minute to commend the chairmen of these
subcommittees--Senator Murkowski, Senator Collins, Senator Hoeven, and
Senator Lankford--for their leadership in the process. I also, again,
thank Vice Chairman Leahy and the ranking members of these
subcommittees for their hard work. These Senators have worked together
to produce strong and, I believe, bipartisan bills.
This broad bipartisan support paved the way for the full Senate's
consideration of these bills, and I thank Leaders McConnell and Schumer
for agreeing to bring this package to the floor.
As we begin debate this week, we can leverage our recent success in
passing appropriations bills. Just last month, the Senate passed a
package of three fiscal year 2019 appropriations bills with
overwhelming support. This support was facilitated by an open amendment
process and a willingness to work together to address legitimate Member
concerns. As a result, the process was both open and, I believe,
disciplined.
More importantly, it was successful, passing by a vote of 86 to 5--
yes, 86 to 5.
The bill managers on both sides of the aisle will seek to replicate
this process and success with the package now before the Senate. We ask
for the continued cooperation of all Senators in this effort.
Critical mass, that is what we are building in the Senate--critical
mass for returning to regular order in the appropriations process.
By completing our work in a deliberate and timely manner on this
package, we can turn next to the Defense and Labor-HHS-Education
package. While completion of our work on the current package will mean
we have passed more than half of the 2019 appropriations bills, the
lion's share of discretionary spending, as my colleagues know, is
contained in the Defense and Labor-HHS bills. That is very important to
all of us here, very important to our constituents, and very important
to our country.
Again, I encourage our colleagues to participate in this process and
help sustain the momentum we have generated thus far. We have a lot of
work to do, but we are making real progress. I hope my colleagues find
this encouraging. I certainly do.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Madam President, I am pleased to join my friend, the
senior Senator from Alabama, Chairman Shelby, as we prepare to debate
the second set of appropriations bills to reach the Senate floor this
session. Senator Shelby has noted that this is a change in recent
years. I commend him, and I commend both Republicans and Democrats who
have worked together in the way we used to and now are again. This
minibus contains four important bills for fiscal year 2019: the
Interior, Environment, and Related Agencies bill; the Financial
Services and General Government bill; the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies bill;
and the Transportation, Housing, and Urban Development and Related
Agencies bills.
Now, that was something significant to be on the Senate floor in past
years. What is even more significant--and Chairman Shelby would agree
with me--each of these bills was reported by the Appropriations
Committee unanimously. Every Republican, every Democrat voted for them.
They fund programs that provide important services to the American
people across the country. They invest in the future of this country.
Let me take one example, the Agriculture appropriations bill. This
bill is a win for farmers, for families, and for rural communities
through its investments in rural development, housing, food, nutrition,
agriculture, research, and clean water programs. Every State in this
Nation--yours, Chairman Shelby's, and everybody else's, and of course
my own State of Vermont--has rural communities and farm economies that
benefit from these important programs, every one of us does.
The Transportation, Housing, and Urban Development bill will make
critical infrastructure investments across the country and, of course,
also in my home State of Vermont. It includes $10 billion in new
funds--new funds--to help address our crumbling bridges and railways
and roads. Let me just say, if I might be parochial for a moment, what
that means in Vermont. It will help invest in safety improvements on
Amtrak's Vermonter and Ethan Allen lines but also will make much needed
repairs to our railroads and bridges. These increases in every one of
our States are a direct result of the bipartisan budget deal reached
earlier this year, and they are critically needed.
I have been here for over 40 years. What Senator Shelby and I have
done is we have brought the Senate back to the way it used to be to
actually get things done with Republicans and Democrats working
together.
Improving the Nation's infrastructure was one of President Trump's
key campaign promises. Unfortunately, he criticized the very budget
deal that made these increases possible. He proposed cutting--not
increasing--funding
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for infrastructure programs that this bill supports. I am glad to say,
again, that Republicans and Democrats came together on appropriations
and took a different path. This bill also protects key investments in
affordable housing and community development programs, such as HOME and
CDBG. That is crucial funding that communities leverage to construct,
rehabilitate, and maintain affordable housing. This is housing that is
desperately needed across America--certainly in my State of Vermont--to
shelter families, but it also promotes economic mobility and stability.
The Interior bill makes critical investments in programs to help
ensure we have clean water to drink and clean air to breathe. I can't
think of any State in the country that doesn't want clean water and
doesn't want clean air.
It also supports important conservation programs, including support
for our national parks. Our national parks attract millions of visitors
each year. What a treasure, allowing families to come and see such an
important part of America. I think it is quite in the tradition of
Teddy Roosevelt and others who had supported such parks, but it also
has the Forest Legacy Program and the Land and Water Conservation Fund.
The Land and Water Conservation Fund is going to be beneficial for
Vermont, New York, and, truly, the whole northeast region. The bill
continues our commitment to regional efforts to protect, restore, and
preserve Lake Champlain, the largest body of fresh water in the United
States outside of the Great Lakes.
I am pleased to report that the committee rejected the misguided cuts
to the Environmental Protection Agency proposed by the administration
that would have set back the progress we have made in recent decades to
preserve our environment not just for ourselves but for future
generations.
Finally, the Financial Services bill helps to support small
businesses and local economies through the Small Business Development
Centers Program and other related programs. Every one of us knows that
small businesses and local economies make up the strength of our
States.
It also funds regulatory agencies that U.S. citizens rely on to
protect them from unfair, unsafe, or fraudulent business practices,
like the Consumer Product Safety Commission and the Federal Trade
Commission, which protect consumers. Yet we were able to reach consent
to consider such a broad package of bills in the Senate.
This is a broad cross section of issues, and every one of us had
different views. With the vast array of issues here, every one of the
100 Senators here, if writing this legislation by himself or herself,
may include something different or something else, and, then, of
course, we would have nothing. Instead, Republicans and Democrats came
together. I think a lot of this comes from the direct result of the
Shelby-Leahy-McConnell-Schumer commitment to move forward on a
bipartisan basis.
Senator Shelby and I met with the two leaders and said we wanted to
do that. We wanted to actually show the Nation that the Senate can
work, and we did it at spending levels agreed to in the bipartisan
budget deal. We rejected new poison pill riders from the right and the
left or controversial authorizing legislation.
We will all have issues about which we care deeply, but we had to
come together on what is in the best interests of the country, and,
frankly, as a Senator for almost 44 years, it was in the best interests
of the Senate.
I think Senator Shelby would agree with me that achieving this goal
of reporting strong, bipartisan bills took considerable restraint on
both sides of the aisle, but that restraint is what is required to get
these bills through the Senate. But I worry that the House is
proceeding on a different path. They have passed partisan bills filled
with poison pill riders that cannot and will not pass the Senate.
Funding the government is one of our most basic constitutional
responsibilities. If you go across this country, you will find that the
American people expect us to work together. They expect us to reach
across the aisle and to reach agreement on these bills. The programs
funded in these bills make a real difference in the American people's
lives, and they shouldn't be held hostage to unrelated partisan policy
fights. So I hope that when we get to conference on these bills, the
House will reverse and do their work in a bipartisan fashion for the
benefit of all Americans--not just Republicans, not just Democrats, but
all Americans.
I especially want to thank Chairman Shelby for his partnership on
these bills. I also thank the chairs and ranking members of each of the
subcommittees. If they hadn't been willing to work and cooperate
together, we wouldn't have these four bills before us. Again, I note
that they went through unanimously. We had reached a point where some
thought that we couldn't get unanimous agreement in the Senate that the
sun rises in the east. Maybe we couldn't, but we did get unanimous
agreement here, and thank goodness.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Madam President, I am pleased to begin the Senate debate
on the fiscal year 2019 appropriations bill for Transportation, Housing
and Urban Development, and Related Agencies. Our bill has been included
in the appropriations package now before this Chamber.
Let me begin my remarks this morning by thanking Chairman Shelby and
Vice Chairman Leahy for their leadership in advancing these
appropriations bills in record time. It is great to see the Senate
getting back to regular order in moving the appropriations bills across
the Senate floor, allowing for robust debate and amendment, and then
bringing those bills to conference with our House counterparts. That is
the way the system should work, as opposed to all of these bills being
bundled together in an enormous, many thousand-page omnibus
appropriations bill. I am very pleased to see the progress that we are
making.
I also want to acknowledge the hard work and commitment of my friend
and colleague Senator Jack Reed, who serves as the ranking member of
the T-HUD Subcommittee. I have worked very closely with Senator Reed in
drafting this bill. We have also received input from more than 70
Senators, with in excess of 800 requests, each of which we very
carefully evaluated. So I can assure this Chamber that this legislation
is truly bipartisan.
The T-HUD bill provides $71.4 billion for our Nation's critical
infrastructure and housing programs. This bill continues the
significant infrastructure investments provided in fiscal year 2018 for
our Nation's highways, bridges, airports, transit, and rail networks.
As a result, communities across this country will be able to improve
their transportation infrastructure to enable more efficient and safer
movement of people and goods. Improving our infrastructure is essential
for our continued economic growth as well as for personal mobility.
The fiscal year 2019 T-HUD bill continues the increases for
infrastructure programs resulting from the 2-year budget agreement that
was reached by Congress and the administration. I would note, however,
that the budget agreement does not provide for the long-term funding
structure necessary for our Nation's transportation infrastructure. I
want to strongly encourage the administration to work with the
authorizing committees to provide that long-term, sustainable funding
for transportation before the FAST Act expires at the end of fiscal
year 2020.
Our bill provides $1 billion for BUILD grants, previously known as
the popular TIGER grants program. These grants have supported not only
much needed infrastructure projects but also jobs and economic growth
in each and every one of our home States. I want to provide my
colleagues with an indication of just how popular this program is and
how strong the demand is.
In the 2017 round of TIGER grant applications, the Department of
Transportation received 452 applications requesting more than $6
billion, well above the $500 million provided last year, which could
fund only 41 projects. You can see that the demand far exceeds the
amount of funding. So we are taking action in this bill to double the
funding for BUILD grants. That will help many more projects become a
reality. I have seen in my own State the investments in bridges, ports,
and transportation projects that have made such a difference.
[[Page S5232]]
I would now like to turn to the aviation provisions in our bill. We
provide $17.7 billion in budgetary resources for the Federal Aviation
Administration, or the FAA, which fully funds air traffic control
personnel, including more than 14,000 air traffic controllers and more
than 25,000 engineers, maintenance technicians, safety inspectors, and
operational support personnel. The bill also provides $1 billion for
the FAA Next Generation Air Transportation Systems Program, also known
as NextGen, and $168 million for the popular Contract Towers Program.
The NextGen Program is so important to the modernization of our air
traffic control system, and we have consistently funded that program,
and it is being implemented in a way that is going to make a real
difference.
Consistent with the FAST Act, $46 billion is made available for the
Federal-Aid Highway Program from the highway trust fund. In addition,
the bill provides $3.3 billion from the general fund for our Nation's
highways, of which $800 million is for bridge replacement and
rehabilitation in rural areas of our country.
The American Society of Civil Engineers conducts a comprehensive
assessment of our Nation's infrastructure every 4 years. Its most
recent report card from 2017 shows that America's infrastructure
remains poor and in desperate need of investment. In fact, the
engineers award a grade of only D-plus for our Nation's infrastructure.
To give you some statistics to emphasize why we are receiving such a
low grade, let me talk about our Nation's bridges. One in nine of our
Nation's bridges is rated as structurally deficient, and the average
age of our country's more than 600,000 bridges is 42 years old. Our
national highway system contains infrastructure that is now well past
its useful life. Some bridges are more than 100 years old, and many are
unable to accommodate today's traffic volumes.
I was recently in Piscataquis County, where a TIGER Grant Program was
allowing the replacement of some very old rural bridges. The amount of
rust on these bridges and the narrow width made them extraordinarily
dangerous. They were at risk of being posted so that traffic could go
across only in one direction. When you looked up at the trusses, you
could see where trucks loaded with lumber had dented the trusses
because they were far too low. They were built for a different era. It
is important for safety reasons--as we have seen with bridges
collapsing in this country or having to be posted--that we make this
kind of investment.
Our bill also invests in our Nation's rail infrastructure by
providing $2.8 billion for the Federal Railroad Administration. This
includes $1.9 billion to Amtrak for the Northeast Corridor and National
Network, continuing service for all current routes.
In May, our subcommittee held a hearing in response to serious rail
accidents, such as the tragic derailment last December in Washington
State. Our bill continues to fund positive train control implementation
to improve the safety of our trains. In addition, the bill provides
$255 million for the Consolidated Rail Infrastructure and Safety
Improvement Grants Program and $300 million for the Federal-State
partnership for the State of Good Repair Grants Program. These
investments in rail will help ensure that both passengers and freight
move more safely and efficiently throughout our country.
The State maritime academies play a critical role in training the
next generation of U.S. mariners. Our bill provides $40 million for the
maritime academies as well as an additional $300 million for a special
purpose vessel to be used as a training school ship.
In accordance with MARAD's guidance, the new training ships will go
to replace existing training ships in the order in which these ships
are expected to reach the end of their useful life. That is the only
logical way for us to proceed.
Last year, we appropriated funds to replace the 57-year-old ship used
by the New York State maritime academy, and this year's funding will go
to replace the Massachusetts Maritime Academy's aging vessel. Again, we
are going in the order that the Maritime Administration tells us these
ships will be at the end of their useful life.
It would be great to be able to replace all of the ships at the same
time, but we simply can't afford to do that, and that is where
prioritizing the ships as the agency recommends comes in. Replacing
these ships is, however, important to providing training capacity for
all six of the State maritime academies, including the one that I am
very proud of, the Maine Maritime Academy in Castine, Maine. It will
ensure that cadets receive the training hours they need to graduate on
time and join the workforce.
In the area of housing, our priority is to ensure that our Nation's
most vulnerable families and individuals do not lose the assistance
they are now receiving, which prevents many of them from being at risk
of homelessness. Therefore, the bill provides the necessary funding to
keep pace with the rising costs of housing these families in order to
avoid their becoming homeless. Much of the increased funding covers the
higher costs of rental assistance for the most vulnerable among us,
including our homeless veterans, our youth, our disabled citizens, and
low-income seniors.
Senator Reed and I share a strong commitment to reducing, and someday
ending, homelessness. We have therefore included $2.6 billion for
homeless assistance grants. We have also made critical investments to
reduce homelessness among our veterans, our youth, and survivors of
domestic violence. Specifically, to assist our homeless youth, we have
provided $80 million for grants targeting this underserved population.
I visited a wonderful youth shelter in Lewiston, ME, called New
Beginnings. I was so impressed with the work they were doing with
teenagers, in particular, many of whom had been exiled from their
homes--as much as I hate to say it--or abused or otherwise found
themselves homeless. Because of the safety of this shelter, they were
continuing their schooling, they were learning life skills, and they
were safe. Yet, I will tell you, this is the only shelter in the State
of Maine that is devoted solely to the needs of homeless youth.
There is such a need in this country. There are other shelters that
try to accommodate young people in the State of Maine and are doing
their best, but this is an area where we need to provide more
assistance.
To better support youth who are exiting the foster care system, the
bill includes $20 million for family unification vouchers. That is the
real gap in our system. What happens--and I know that many Members
share my concern--is young people ``age out'' of the foster care
program, and they may have nowhere safe to go.
For our Nation's senior population, many of our seniors receive
section 8 housing, but our bill also includes $678 million for housing
for older Americans. Of this amount, $10 million will provide grants to
nonprofit and State and local entities to do home modifications for
low-income seniors, enabling them to stay in their own homes and to age
in place.
I am very excited about this program because of hearings I have held
in the Senate Aging Committee, which I am privileged to chair. What we
have learned is, oftentimes, upgrading and putting grab bars in a
bathroom, widening door openings, putting sensors on the refrigerator
door--doing modifications like that can allow our seniors to stay where
they want to be, in the comfort, security, and privacy of their own
homes. Not only will these low-cost home modifications enable seniors
to remain in their homes, but they also reduce the need for more costly
nursing homes and other assisted housing options.
For our Nation's homeless veterans, the bill provides $45 million for
the highly successful HUD-VASH Program, including $5 million to serve
our Native American veterans living on Tribal lands. Despite the
administration, once again, proposing to eliminate this effective
program, the subcommittee continues to provide adequate funding.
This program is a real success story. Since we initiated it in 2010,
veterans homelessness has fallen by 46 percent. Let's continue our work
to reach the goal of ending homelessness altogether among our veterans.
Another important issue--and a passion of our ranking member, Senator
Reed, and I--that is addressed by the bill is lead paint in homes,
which is of
[[Page S5233]]
particular concern to families with children under the age of 6. Our
bill provides $260 million to combat lead hazards. These grants will
help communities protect children from the harmful effects of lead
poisoning.
Again, I have seen this in my home State. Lewiston, ME, our second
largest city, has very old housing stock, and it has a great deal of
lead paint. Grants are helping this city deal with this problem, thus
improving the health and safety of pregnant women and young children
and avoiding disability and developmental problems for those young
children.
These grants will help communities across America protect children
from the harmful effects of lead poisoning. While our bill certainly
helps vulnerable families, it also recognizes the challenges facing
local communities. Boosting local communities is critical to job
creation and helping our community neighborhoods thrive and our
families obtain financial security.
The bill supports local development efforts by providing $3.3 billion
through the Community Development Block Grant Program. That is one of
the most popular programs we provide. If you talk to any mayor or town
council, they will tell you how flexible the CDBG Program is and how,
as the mayor in Maine with whom I recently met told me, it helps them
customize the funding to meet the program needs of their communities.
It may be infrastructure. It may be affordable housing. It may be
sprucing up the downtown. It may be supporting local businesses. This
is a great program. It is not a Washington dictated program. It is one
that responds to local needs.
We also provide $1.4 billion for the HOME Program. The CDBG and the
HOME Program support the development of infrastructure projects,
community development, affordable housing, economic development, and
job creation.
I appreciate the opportunity to present this legislation to the
Chamber. As we begin debate on the Transportation-HUD bill, I urge my
colleagues to support the investments in this bill, which will pay
dividends to our communities, our veterans, our children, our low-
income families, and our seniors. Our bill was unanimously reported by
the Senate Appropriations Committee. We are certainly open for business
for amendments.
I commend my friend and colleague Senator Reed for his hard work and
for that of our staffs on both sides of the aisle in crafting this
bill.
I yield the floor.
The PRESIDING OFFICER (Mr. Young). The Senator from Rhode Island.
Mr. REED. Mr. President, I rise in support of H.R. 6147, the so-
called appropriations ``minibus,'' which includes the fiscal year 2019
Transportation, Housing and Urban Development, and Related Agencies
Appropriations bill, as well as three other bills.
I am certainly proud to have worked with Chairman Collins. She has
put together a thoughtful, bipartisan T-HUD Appropriations bill that
reflects the priorities of more than 70 Senators, who provided more
than 800 funding or language recommendations. Her leadership and her
commitment to fairness and to ensuring that all of our colleagues had
the opportunity to help make investments in their States are remarkable
and deeply appreciated.
We looked at all of our colleagues' suggestions and recommendations.
We also received guidance from Chairman Shelby and Vice Chairman Leahy,
and I appreciate their creative and constructive role. As a result, we
were able to produce legislation I am remarkably proud of, and I again
thank the chairman for her great work.
The bill does not include any poison pill riders, which follows the
principle established by Chairman Shelby and Vice Chairman Leahy.
This agreement has given the committee space to evaluate the requests
of the administration and Congress and to provide funding levels that
support national priorities. I strongly urge my colleagues to maintain
this effort and not get diverted by very peripheral and narrow
interests in the form of what is frequently referred to as ``poison
pills.''
Having said that, as the chairman indicated, we welcome amendments
and encourage Senators to file them as soon as possible so we can begin
to work through them. We have already heard from a few colleagues, and
we have several amendments we are preparing to move forward.
Substantively, let me share some of the significant accomplishments
in this year's T-HUD bill. Consistent with the budget agreement, the
bill includes $10.9 billion in budgetary resources above fiscal year
2017 levels to improve our Nation's infrastructure, grow our economy,
and spur job creation.
The bills include $3.3 billion above the levels provided in the FAST
Act for highway programs, including $800 million for a bridge repair
and replacement program.
On rail and transit, we have maintained Amtrak's funding level from
fiscal year 2018, including $650 million for the Northeast Corridor, to
make meaningful state of good repair and safety improvements. We have
also fully funded the need for Capital Investment Grants and have
increased transit formula and competitive grant programs above FAST Act
levels. These modes of transportation are essential to reducing
congestion, driving economic growth, and improving quality of life
throughout the country.
I am also pleased that we have a bill before us that protects rental
assistance for more than 5 million low-income individuals and families,
over half of whom are elderly or disabled, and rejects the
administration's harmful proposals to increase rent burdens and work
requirements for many of our assisted households, who are already
struggling to make ends meet.
The bill also provides $285 million for programs that remediate lead-
based paint hazards in low-income and assisted housing. This includes
$25 million to address lead-based paint hazards in public housing and
$45 million for a new Lead Safe Communities Demonstration Program,
which has the potential to reduce the cost of remediating lead-based
paint hazards in homes.
For our Nation's seniors, the bill includes more than $50 million to
develop new senior housing and $10 million to modify low-income
seniors' homes to make them more accessible. In Rhode Island--and we
are not unique--nearly half of our senior households lack an affordable
housing option. This funding will be used to develop innovative housing
strategies and ensure that our Nation's seniors are able to remain in
their communities. It is remarkable. Half of our seniors are without
affordable housing, and that number is only going to grow as the
demographics of this country continue on their present course.
Again, in terms of housing, let me single out an issue where the
chairman has been extraordinarily not only conscientious but also
courageous. That is homelessness among youth, veterans, and survivors
of domestic violence. Chairman Collins has done remarkable work. She
has been building on the work we did together on the HEARTH Act to
develop innovative, targeted ways to comprehensively address
homelessness nationally. I am pleased we are able to include more than
$2.6 billion in assistance for communities to continue to provide
emergency and community-driven solutions to prevent and end
homelessness.
Let me also say a few words about the other bills that are part of
this minibus package--the Agriculture Appropriations bill, the Interior
Appropriations bill, and the Financial Services-General Government
Appropriations bill. Each of these bills includes important funding for
key programs, and each has steered away from the kind of controversial
legislative provisions that would prevent them from moving to the
floor.
I am pleased the Agriculture bill includes critical funding for
nutrition, conservation, and research, including additional funding to
help foster the growth of shellfish aquaculture.
The Interior bill continues to make important investments in
infrastructure through the State Revolving Loan Fund programs for clean
water and drinking water, which Senator Crapo and I have championed on
a bipartisan basis for many years.
The bill highlights the need to establish a maximum contaminant level
for PFAS, a category of chemicals that has been used in a wide variety
of products, including firefighting foam. Frankly, as Ranking Member of
the Armed Services Committee, I have been told of numerous military
facilities across the country where this firefighting foam has been
used for 30 or 40
[[Page S5234]]
years, and now we are beginning to recognize the potential
environmental effects. Dealing with this issue now, or beginning to
deal with it, is a very thoughtful approach.
In addition to providing critical dollars for our national parks,
wildlife refuges, and cultural institutions, this bill also funds the
Southeast New England Program for Coastal Watershed Restoration to
support collaborative and science-based projects that improve the
health of Narragansett Bay and other coastal watersheds in Rhode Island
and Massachusetts.
Finally, the Financial Services-General Government bill makes
important investments in our leading financial regulators--the SEC and
the CFTC--as well as provides funding for the Community Development
Financial Institutions program, the High Intensity Drug Trafficking
Areas program, and the SBA's State Trade Expansion Promotion program.
I commend the chair and ranking member of each of these subcommittees
for their hard work on these bills.
Before I conclude, I note that these smart investments and well-
crafted bills would not have been possible without the passage of the
2-year Bipartisan Budget Act, which provided much needed relief from
sequester-level budget caps, but that is only a 2-year deal, which
expires at the end of fiscal year 2019. With the return of harmful
sequester cuts looming in 2020, this bill should serve as a reminder of
why we must pursue another bipartisan agreement to provide relief on
both the defense and nondefense sides of the ledger. Without such a
deal, we will not be able to continue our infrastructure and other
investments that make a positive difference in communities across
America.
Again, let me conclude by thanking, recognizing, and deeply
appreciating the chairman for her extraordinary vision and her
commitment to those values and those issues that are remarkably
demonstrated in this bill: affordable housing for seniors, assistance
for the homeless, and ensuring that we have money for infrastructure.
This bill shows a remarkable commitment to infrastructure across the
country. When the President was campaigning, he talked about a
trillion-dollar infrastructure bill. That has not materialized. What
has materialized is robust funding for infrastructure in this bill, and
that is a direct contribution of the chairman.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. HOEVEN. Mr. President, I am pleased to introduce the fiscal year
2019 appropriations bill for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies. I am glad we are considering
appropriations bills on the floor in a manner that allows us to fully
debate amendments.
I am pleased also to join my colleagues from the Subcommittees on
Interior; Transportation, Housing and Urban Development; and also
Financial Services in putting together this legislation.
For now, I am going to limit my comments to the ag provisions. I will
defer to my colleagues on their provisions, but I look forward to our
partnership in moving these bills across the floor.
The activities funded by the Agriculture bill touch the lives of
every American every day. I like to talk about how important good farm
policy is because good farm policy benefits every single American every
single day with the highest quality, lowest cost food supply.
As we move this Agriculture appropriations bill, that is what it is
about. It is about our farmers and ranchers, no doubt about that, but
it is something that benefits every single American every single day.
These activities include ag research, conservation activities,
housing and business loan programs for rural communities, domestic and
international nutrition programs, and food safety and drug safety.
Funding for each of these deserves thorough and thoughtful
consideration. The subcommittee has made difficult decisions in
drafting this bill. We had to choose and we had to prioritize in terms
of putting this legislation together, but I think we brought forward a
bill that works. It is one that got broad-based bipartisan support from
the Appropriations Committee.
It is written to our allocation of just over $23 billion. That is
about $200 million above the current enacted level. We worked hard to
invest taxpayer dollars responsibly, funding programs that provide
direct benefits to our farmers, our ranchers, and rural communities,
supporting programs that provide direct health and safety benefits,
again, to every single American every single day.
Ag supports more than 16 million jobs nationwide. It forms the
backbone of our rural communities. Our agricultural producers are the
best in the world at what they do, and we have to work hard to give
them a level playing field because they produce food, fuel, and fiber
for this country but also for countries around the world. We really do
feed the world, so we need access to those markets to do so.
This is, of course, in part, the result of smart investment in
America's ag research infrastructure, something that truly helps our
farmers and ranchers, our producers do what they do every day. Ag
research helps us do it better, more cost-effectively, with higher
quality, and more productivity.
That is why I am pleased this bill puts significant emphasis on
maintaining research programs at our land-grant schools, colleges and
universities, across this Nation and funding for competitive research
programs such as the Agriculture and Food Research Initiative.
These programs are critical to helping our farmers increase
production, and they expand our Nation's economic growth. As I say,
they feed not only this country but really the world. Not only does
every dollar spent on ag research result in a $20 return on invest to
the U.S. economy, research investment also results in a food supply
that is safe, abundant, and affordable.
I am also glad the agriculture bill prioritizes funding for rural
infrastructure. Included is $425 million for rural broadband grants and
loans, putting our 2-year investment in rural broadband at over $1
billion. Through fiscal year 2018-fiscal year 2019, we will put over a
billion dollars into rural broadband, making sure all Americans,
wherever they may live--whether they are in an urban area or out in the
most rural part of our country--have the opportunity to access the
world wide web and be part of the innovation and technology that goes
with it. With this funding, we will make tremendous strides in bridging
the digital divide in urban and rural communities.
Broadband availability remains a challenge for States like mine, a
rural State, and other rural States. Farmers need access to new
precision technologies to help their operations run more efficiently.
It is also essential for rural communities to have sufficient broadband
if they hope to attract new businesses and grow their local economies.
I am proud to say that we put funding in this bill to help to do just
that.
I thank Senator Merkley, our ranking member, for the bipartisan
working relationship that we have on the Agriculture Subcommittee. I
also want to applaud and express my appreciation to Chairman Shelby for
working to return our Appropriations Committee to regular order. I
think this ag bill that we are presenting today reflects a well-
balanced compromise, and it illustrates that the Senate can work
together on important issues like this one.
I certainly hope that my colleagues will join me in supporting this
legislation. With that, I turn to our ranking member, Senator Merkley.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Mr. President, as ranking member of the Agriculture
Appropriations Subcommittee, I rise today to discuss the Agriculture
appropriations bill. This is a good bill that was drafted in a
bipartisan manner and passed out of committee unanimously.
A big thanks goes to Chairman Hoeven for his hard work on the bill,
as well to members of his team who worked closely with members of my
team throughout this process and considered requests and concerns from
Senators on both sides of the aisle.
In his budget request, President Trump proposed more than a 25-
percent cut to USDA's funding. He also zeroed out a number of very
important programs, including programs that benefit
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rural America, along with research programs and domestic and
international nutrition programs. The bill that came out of the
Appropriations Committee rejects those devastating cuts that were
presented in the President's budget request.
This bill, which is within the subcommittee's discretionary
allocation of $23.2 billion, makes smart, targeted investments in
programs that are important to the American people while keeping out
controversial policy riders. In this bill we maintain funding for
important rural development programs while building on the increases
provided last year for rural infrastructure initiatives, including
rural water and waste programs and a broadband pilot program. These
programs are vital in providing rural communities the ability to
support entrepreneurs to be able to grow their businesses, creating
much needed jobs in the community.
The bill protects vital research programs and makes important new
investments for the organic industry. The Organic Transitions Program
is funded at $6 million. The National Organic Program is funded at $15
million. The Sustainable Agriculture Research and Education Program is
funded at $37 million. All of these are historic funding levels that
demonstrate the commitment to a vital and rapidly growing industry.
What else does this committee bill do?
It supports funding for farm ownership and farm operating loans. With
farm incomes on the decline, access to credit is crucial for farmers to
stay in business. Farm loans will serve the most disadvantaged in the
farming sector, including farmers who are just starting out, as well as
ranchers, minorities, women, and veterans.
I am also pleased that we were able to include $150 million in
funding for the Watershed and Flood Prevention Operations Program to
protect our watersheds and help to prevent floods, reduce erosion, and
protect wildlife habitats. With a backlog of $850 million for projects
that have already been authorized, this funding is much needed.
For domestic nutrition programs, our bill maintains funding for the
Summer Electronic Benefit Transfer for Children Program, which provides
access to food for low-income children during the summer months when
schools are out of session. Beyond that, the bill provides for $30
million for school meal equipment grants, $18 million for the Farmers'
Market Nutrition Program, and $238 million for the Commodity
Supplemental Food Program. This bill also protects SNAP, or the
Supplemental Nutrition Assistance Program, which 42 million Americans
rely on. It does not provide provisions that would eliminate benefits
to those who qualify.
On the international front, the bill maintains strong funding for
nutrition programs such as Food for Peace and McGovern-Dole. Since its
inception, Food for Peace has reached over 3 billion people in 150
countries and more than 32 million people last year alone.
I have been in the field to see the impact of this program for
communities that rely on it in some of the hardest hit parts of the
world affected by conflict and climate chaos and corruption. This
support is a considerable feature of what people around the world see
in terms of the United States reaching out to assistant communities in
need worldwide.
Meanwhile, in 2017, the McGovern-Dole Program fed 4.5 million
children, and it helps to support education and food security for low-
income countries, as well as increasing school attendance. This program
supports good health and better education for children around the
world, with a particular emphasis on girls. In the state of the world
today, we need programs like Food for Peace and McGovern-Dole, which
have a proven track record. I am pleased that we have worked in a
bipartisan to ensure that these programs are funded.
The bill in front of us supports the important work of the FDA, or
the Food and Drug Administration, through a $159 million increase in
the agency's funding. Included in that funding increase, among other
things, is full funding for the Oncology Center of Excellence,
modernizing the generic drug review process, investment and innovation
for rare diseases, and the continuation of last year's work on opioid
prevention activities. I know, and my fellow Senators understand, just
how important that opioid addiction prevention program is.
Tribute to Jessica Schulken
Mr. President, before I conclude, I wish to take a moment to
recognize an outstanding member of the Agriculture Subcommittee team.
Jessica Schulken will be leaving us in the next few weeks after
almost 19 years on the Appropriations Committee. Her accomplishments
are numerous. During her years on the committee, she has been a
tireless advocate for our Nation's farmers and ranchers, a fierce
protector for rural America, a staunch advocate for ensuring that the
Food and Drug Administration has all the resources it needs, and a
defender of transparency who has worked hard to ensure that these
agencies are answerable to Congress.
I cannot begin to adequately express the tremendous work that she has
done on this committee as clerk. I speak for many who know how sorely
she will be missed. Here is a big thanks to Jessica Schulken for her
years of service and dedication, and I wish her well in her new chapter
of life.
The process on this agriculture appropriations subcommittee bill has
been emblematic of the type of good, strong bipartisan work that we
would like to see much more often here in the Senate--bipartisan work
that has assisted our ranchers, bipartisan work to assist our farming
communities, bipartisan work to support rural communities and rural
infrastructure. So I look forward to getting this bill passed, getting
it through conference, and getting it to the Oval Office.
Thank you, Mr. President.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. LANKFORD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LANKFORD. Mr. President, I rise today to discuss the Financial
Services and General Government appropriations bill for 2019. As
chairman of the subcommittee, I have really enjoyed working with the
ranking member, Senator Coons, and all of the members of the
Appropriations Committee.
However, for many Members of this Chamber who are not on the
Appropriations Committee, today will be their first close look at an
appropriations bill from our subcommittee. It has been months in
process, with many oversight hearings, a lot of debate, a lot of
amendments, a lot of back and forth with a tremendous amount of input
from Members of this body, and it is finally actually on the floor.
It has been nearly 7 years since the Financial Services and General
Government appropriations bill has actually been considered on the
Senate floor. In November of 2011, the Senate began consideration of
the combined appropriations package for Energy and Water, Financial
Services, and State and Foreign Operations. Unfortunately, the floor
consideration of that bill was halted shortly after it began, and
Members were not able to offer amendments or have their voices heard.
We are looking forward to that changing today.
This week's debate will subject the Financial Services and General
Government appropriations bill to public scrutiny and an open amendment
process on the Senate floor for the first time since the subcommittee
was established in 2007. It is too long in coming. I applaud the
leadership of Chairman Shelby and Ranking Member Leahy, who were
determined to see the committee return to regular order.
A little bit of sunshine will help us in this process. I am a firm
believer that openness and transparency result in a better legislative
product. It is my hope that today starts a trend where the
appropriations bills that are seldom seen outside the committee, such
as the Financial Services and Interior appropriations bills, can be
debated openly and amended on the Senate floor.
We have made a concerted effort to make responsible decisions in
allocating resources and to be responsive
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to the requests we have received from Members of both sides of the
aisle, and we welcome continued input and proposed amendments from
other Members.
This Financial Services and General Government bill totals
$23,688,000,000. It includes funding for a diverse group of 27
different independent agencies. It includes the Executive Office of the
President, the Department of the Treasury, the Federal Judiciary, and
the District of Columbia. The bill does not include any budget gimmicks
or empty CHIMPS, or changes in mandatory program spending, which are
often used as a gimmick by appropriations. It does not include those.
The bill provides targeted funding increases for the Treasury
Department to combat terrorism financing, for the Federal courts to
support their administration of justice, and for the GSA's Federal
Buildings Fund, including the acquisition of the headquarters building
for the Department of Transportation, rather than continuing to pay
$49.4 million in annual rental payments for a building that is their
headquarters. We will move back to actually owning that building to
save the taxpayers that money.
This bill also fully funds GSA's request for basic repairs and major
repairs. Basic and major repairs are not glamorous appropriations
accounts, but they are exceptionally important to maintain and protect
the taxpayers' dollars.
The bill also makes critical investments in our Nation's financial
markets, by providing targeted increases for the Securities and
Exchange Commission and the Commodity Futures Trading Commission.
After years of flat funding for the CFTC, or the Commodity Futures
Trading Commission, including a $1 million cut last year, this bill
provides an increase to the CFTC in recognition of their critical role
overseeing our swaps, futures, and options markets. Support for the
CFTC was a priority for a number of Senators in this Chamber on both
sides of the aisle, and I am pleased that we were able to accommodate
it this year.
The bill provides $11.26 billion to the Internal Revenue Service for
the administration of our Nation's tax laws. Of this amount, $77
million is dedicated to implementing the new Tax Cuts and Jobs Act.
That bill has been enormously successful in helping to turn around our
economy, wherein our GDP growth has grown exponentially over the last
year. Yet we have to fully implement that bill, and the additional $77
million is dedicated to that.
Aside from tax reform, we are able to provide an increase of $75
million in base funding for the IRS. This increase to the Operations
Support account over the fiscal year 2018 enacted level will provide
for investments in information technology infrastructure to reduce
reliance on legacy systems. The total amount for the IRS includes $2.5
billion for Taxpayer Services and $4.86 billion for Enforcement.
We have two critical goals for the IRS--improving taxpayers' access
to quality customer service and addressing the tax gap, which is the
amount owed but actually not paid.
The IRS needs help in the customer service area. It has asked for
additional funding, and we have asked it for additional focus on
customer service. We have given that this time. We have also asked the
IRS to deal with the tax gap, which are taxes owed that individuals do
not pay. This is not a change in tax law; it is enforcing existing tax
law. Our current tax gap is right at $400 billion a year. Addressing
this tax gap is critical to reducing the deficit and restoring our
Nation's fiscal health.
The bill prioritizes the Federal Government's response to the opioid
crisis. Our bill keeps our Nation's focus on the High Intensity Drug
Trafficking Areas Program, with there being $280 million allocated, and
on the Drug-Free Communities Program, with there being $99 million
allocated through the Office of National Drug Control Policy.
The bill provides a funding increase to the U.S. Postal Service
Inspector General to address the growing concern of narcotics
trafficking through the mail system. We have to pay attention to that.
The bill includes $2 million in new funding for the Council of the
Inspectors General on Integrity and Efficiency for improvements to the
website oversight.gov. If folks have not already gone to oversight.gov
to see the work of our inspectors general, I would encourage them to do
that if they need some additional help. Their work needs to be
highlighted, and we need to actually implement those recommendations.
IGs are on the frontlines of efforts to reduce waste, fraud, and
abuse in the Federal Government, and their recommendations produce
billions of dollars in cost savings. We need to actually see those cost
savings and implement them. Oversight.gov has improved the
accessibility and prominence of their work, and I am confident this
effort will produce even greater savings in the future by maintaining a
database of open IG recommendations at oversight.gov.
Again, I thank my friend Senator Coons and express my appreciation
for the way he and his staff have worked with us this year.
As this bill moves forward, I look forward to hearing from all of our
colleagues about how we can further address their priorities through
the amendment process. We look forward to doing something historic--of
actually passing an FSGG bill on the floor of the Senate and of working
through this process in an open and transparent way.
I yield the floor.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. COONS. Mr. President, I am proud to join my colleague, Senator
Lankford of Oklahoma, in bringing our committee bill--the Financial
Services and General Government appropriations bill--to the floor.
I thank the full committee chair and the vice chairman, Senators
Shelby and Leahy, for their leadership and their bipartisan work that
has laid out the process we are now following to make real progress on
our appropriations process.
I thank Chairman Lankford for working with me on this bill, and to my
colleague Senator Lankford, of Oklahoma, I express my appreciation for
his being a great partner, for our positive experience in working
together, and for how much I value our collegial relationship.
I also thank the key staff of this subcommittee--Andy Newton, Lauren
Comeau, and Brian Daner--as well as my own staff--Ellen Murray, Diana
Hamilton, and Reeves Hart. These six folks are, I think, exemplars of
the people who work here year in and year out, week in and week out and
who help make it possible for us to craft large and complicated,
bipartisan compromise bills like this one. We are grateful for the
positive working experience they have had together and for the spirit
with which they have worked to make this bill possible.
I am confident this bill fairly allocates funding among many
competing priorities, given the subcommittee's allocation and its broad
jurisdiction. Senator Lankford and I have followed the guidance of the
full committee chair and vice chair and have kept this bill free of new
controversial riders. Overall, this bill appropriates $23.688 billion,
which is a small increase over that in the fiscal year 2018 omnibus
bill that was enacted earlier this year.
I would like to take this opportunity to briefly highlight how this
bill will impact both Delawareans, whom I represent, and Americans
across our whole country.
The bill provides $250 million for the Community Development
Financial Institutions Fund, which supports development in some of
America's poorest communities. The President's budget had recommended
cutting this vital program down to just $14 million, which would have
completely eliminated any new grant funding, but I am proud this
bipartisan Senate bill restores all of the funding for this effective
and vital program.
This bill rejects the transfer of two vital anti-drug programs--the
High Intensity Drug Trafficking Areas Program, known by its acronym
HIDTA, and the Drug-Free Communities--from the Office of National Drug
Control Policy to the Justice Department.
I am grateful that at this time when opioids are a crisis of academic
proportions, which I hear about week in and week out in my home State
of Delaware, that we have rejected an ill-conceived proposal to move
these programs to other agencies, where I have been concerned they
would receive reduced funding and scant attention. I
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am pleased, instead, that they will stay with the Office of National
Drug Control Policy.
This bill provides $281.5 million for the CFTC, the Commodity Futures
Trading Commission. This is an increase of $32.5 million. It is
critical the CFTC is able to keep pace with the dramatic changes in the
marketplace as it regulates, particularly with the emergence of
cryptocurrencies and complex financial products and international
trading platforms. I think it is critical that the CFTC be able to
modernize its investments, as this is what it is responsible for.
The Federal judiciary will receive $7.251 billion in funding, an
increase of $140 million over the fiscal year 2018 enacted level. In
particular, the defender services and court security accounts, which I
have long been attentive to, will receive robust funding.
This bill vitally increases funding for the basic operations of the
Internal Revenue Service. The IRS may not be the most popular of
Federal agencies, but it touches almost every American and is central
to the legal and appropriate and efficient collection of revenue and
for being responsive to constituents and customers. This bill increases
funding for the basic operations of the IRS, and it fully funds the
request for the cost of implementing the comprehensive new tax law.
I hope we continue to work to increase funding for this vital agency
in conference because the IRS has IT systems that are out of date, and
customer service can still improve. As the chairman and I have both
commented in previous hearings, we need to continue to make progress in
closing the $400 billion tax gap--the gap between what is owed and what
is collected in tax revenues every year.
This bill includes $1.66 billion for the Securities and Exchange
Commission, the SEC. Given the number of publicly traded firms that
have an incorporation footprint in my home State of Delaware, I am
particularly interested in making sure the SEC has the resources it
needs and is investing those funds efficiently and effectively, as it
is the watchdog that helps to make sure our securities are being
exchanged in ways that are transparent and legal and appropriate.
There is a provision within the Department of the Treasury that I
want to highlight briefly of $159 million being appropriated
specifically for the Office of Terrorism and Financial Intelligence. It
is an increase of $17 million over last year, just over 10 percent.
This office has the responsibility of enforcing economic sanctions
across the globe.
It also has a very broad and very important responsibility, and it is
key that we have been able to work on a bipartisan basis to ensure
funding is adequate not only to continue the implementation of
sanctions against North Korea and Iran but also to make sure we are
fully enforcing the Global Magnitsky Human Rights Accountability Act
and that we are enforcing sanctions in other places in the world--
Africa, for example--where we have longstanding sanctions that need
more thorough enforcement.
This bill provides funding for the Small Business Administration--a
remarkably effective Federal agency that punches above its weight. This
bill rejects the President's proposed cuts to the SBA's grant programs
by either restoring or increasing funding to virtually every initiative
within the SBA.
These grants are essential to the SBA's mission of supporting small
businesses so local communities across our country have greater
economic opportunity. I am particularly pleased, within the suite of
SBA-related services, to support the SCORE Program, which has one of
the highest ratios of volunteers and civic outreach and impact to
Federal investment. Groups of volunteers all over the country offer
business tools, workshops, and mentoring to dedicated entrepreneurs and
small business owners. SCORE was initially founded in my home State of
Delaware, in the city of Wilmington. So I have enjoyed working in a
bipartisan way to reauthorize it during this Congress.
This bill also includes a well-deserved pay adjustment for Federal
civilian workers. Last year, Federal employees received a cost-of-
living increase of 1.9 percent. The cost of living is growing at a
faster rate than that. So, this year, the bill includes that same
level, which, I think, is an important bipartisan compromise to ensure
that our civilian workforce receives the support it has earned.
Lastly, we did include, last year, election security grants of about
$380 million in the fiscal year 2018 omnibus to help protect States and
their voting systems from cyber attacks. The chairman is the cosponsor
of an authorizing bill that is critical we take up and move independent
of the appropriations process. I also do think, this year, we should
have provided more for appropriations to our States to make sure they
are strengthening their cyber security as we are just 4 months from a
general election.
In closing, let me again thank the staff members of the subcommittee
who worked so well together.
Let me thank Senator Lankford, my colleague from Oklahoma, for his
great and positive attitude and for his determination in making sure
these dollars are spent wisely. We may not agree on everything, but we
have been able to agree on this thing, which is significant and
historic progress, as the very first ever floor markup of the FSGG bill
now begins.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CORNYN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Nomination of Brett Kavanaugh
Mr. CORNYN. Mr. President, this week, we will continue the
confirmation process for Judge Brett Kavanaugh, who, as we all know,
has been nominated by President Trump to serve on the U.S. Supreme
Court. I say we will continue the confirmation process because there
has already been a questionnaire issued by the Judiciary Committee to
which the nominee has responded. I know White House Counsel and others
are already trying to put their heads together with the George W. Bush
Presidential Library, down in Dallas, as well as with the National
Archives, to be responsive to the document requests that have been made
for the judge.
As the author of more than 300 published opinions, Judge Kavanaugh is
a well-known judicial nominee. I think his experience from the last 12
years on the DC Court of Appeals has clearly demonstrated he has the
experience that the job on the Supreme Court requires.
He is also enormously well respected among the legal community. We
have seen op-eds written by professors--all of them scholars--who say
that Judge Kavanaugh can more than hold his own when it comes to legal
analysis. We have heard this from people who share his judicial
philosophy and those who do not share his judicial philosophy. They
have a broad mutual respect for his intellect and his integrity.
We have heard about his mentorship of law clerks, both men and women,
liberals and conservatives. As I say, we have received testimonials
from professionals across the ideological spectrum. Last week, a group
of 80 former students from Harvard Law School, where Judge Kavanaugh
taught, sent a letter to the Senate Judiciary Committee. As you might
imagine, they have a variety of perspectives on judicial philosophy and
a wide range of political views, but they all agreed that Judge
Kavanaugh is a rigorous thinker, a devoted teacher, and a gracious
person.
Lastly, we have heard from the nominee himself. On the night
President Trump announced his choice, Judge Kavanaugh said that he
believes an independent judiciary is the crown jewel of our
constitutional Republic. He promised to keep an open mind in every
case, as a judge should, to uphold the Constitution of the United
States, and to preserve the rule of law. Those words and the opinions
from his many supporters demonstrate that Judge Kavanaugh is the right
person to replace Justice Kennedy on the Supreme Court. Most people
agree that it is the Supreme Court's job to fairly interpret the law,
not to substitute their own
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judgment--political, ideological, or personal--for that of Congress's
when Congress has spoken, and I believe Judge Kavanaugh understands
that deeply.
A number of our colleagues across the aisle have been left grasping
at straws given his outstanding qualifications and the fact that he was
confirmed back in 2006 to the second most powerful court in the Nation,
the DC Circuit Court of Appeals.
Judge Kavanaugh is a well-known nominee both to the Senate Judiciary
Committee and to the Senate itself, but some have recently criticized
Judge Kavanaugh for expressing opposition to the independent counsel
statute even though, once upon a time, they supported ending that very
same statute themselves. There was bipartisan consensus to essentially
let that statute lapse. So it is ironic that some are now using that as
a point of criticism.
For example, in 1999, my colleague, the senior Senator from Illinois,
called for getting rid of the statute, claiming that it allowed
independent counsels to be unchecked, unbridled, unrestrained, and
unaccountable. That just goes to show you--if you are in the Senate
long enough, you are likely to find yourself on both sides of an
argument. But in this case, there is no merit to any criticism of Judge
Kavanaugh for something that Democrats and Republicans both agreed to
do, which is to let the independent counsel statute lapse.
Another weakness in their argument is that there is a real difference
between special counsels, such as Robert Mueller, and independent
counsels under the old statute. They are not the same thing.
When Judge Kavanaugh spoke years ago about the independent counsel
statute, he was referring to a law that Congress ultimately agreed in a
bipartisan fashion to let expire and not renew because it was felt that
independent counsels--particularly the last independent counsel, Ken
Starr--had too much autonomy to investigate and prosecute any
misconduct without clear rules and guidance and without clear oversight
by Congress and the Department of Justice. We know that special
counsels are different. They are constrained by regulations and are
overseen by senior lawyers at the Department of Justice, and in the
case of Director Mueller, by the Deputy Attorney General himself. It
would be useful if our friends across the aisle would acknowledge this
difference and this history.
A new poll has shown that significant majorities of voters in States
such as North Dakota, West Virginia, and Indiana all want to see Judge
Kavanaugh confirmed. Support is even stronger among Independents. I
expect that as more Americans get to know him in the weeks ahead, those
numbers will rise.
This nomination for a vacancy on the Supreme Court is Chairman
Grassley's 15th Supreme Court confirmation hearing, and I have no doubt
that when he says this one will be the most searching and thorough of
all of them, he means it.
I look forward to working with all of our colleagues on the Judiciary
Committee to ensure that Judge Kavanaugh has a full and fair hearing,
and not pull any punches whatsoever, but if the object is to delay for
delay's sake or to criticize for criticism's sake, we intend to call
that out during this process.
Based on what I have read and seen so far, I believe Judge Kavanaugh
will ultimately be confirmed.
Committee on Foreign Investment in the United States
Mr. President, there is one other item of business I want to mention,
and it is some very good news we received yesterday. The House and
Senate conferees announced an agreement on the National Defense
Authorization Act, the NDAA. I am glad to hear that the final version
included legislation I sponsored called FIRRMA, the Foreign Investment
Risk Review Modernization Act. The senior Senator from California, Mrs.
Feinstein, was my bipartisan cosponsor.
I thank Senator Crapo, the chairman of the Banking Committee, who
ushered this legislation through that committee, where it passed
unanimously, and Senator Inhofe for leading the conference here on the
Senate side and seeing that this important piece of legislation was
included.
In June, President Trump called on Congress to pass a strong piece of
legislation to modernize what is known as the Committee on Foreign
Investment in the United States, or CFIUS. Now we are going to do
exactly that. The Senate version of the bill updates CFIUS so we can
guard against attempts--primarily by China but not only by China--to
acquire sensitive dual-use technology and know-how by exploiting gaps
in the U.S. rules on foreign investments.
This legislation takes a carefully tailored approach to updating the
review process without hamstringing our ability to meaningfully engage
in trade with partners around the world. It is not anti-foreign
investment--just the opposite is true--but it is all about protecting
our crown jewels when it comes to leading-edge technology that can be
easily acquired through creative investment strategies, and then, along
with the intellectual property and know-how, our competitors, such as
China, can gain tremendous advantage.
I appreciate the support we have gotten from Secretary Mnuchin, our
Treasury Secretary; Secretary Mattis, the Secretary of Defense; and
many others. I again thank Senator Feinstein for being the chief
Democratic cosponsor. This has been a bipartisan effort from day one.
The message is, we simply can't let China erode our national security
advantage by circumventing our laws and exploiting investment
opportunities for nefarious purposes. The backdoor transfer of
technology, know-how, and industrial capabilities has gone unchecked
for too long. That is why I am glad that once our bill becomes law, a
newer, stronger CFIUS process will better protect us from evolving,
investment-driven threats to our national security.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Cruz). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BLUNT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Table Rock Lake Boat Tragedy
Mr. BLUNT. Mr. President, I am here today to remember the 17 victims
who lost their lives last week in the tragic boat accident on Table
Rock Lake in Missouri.
At one time, I lived in Branson. Our home is now in Springfield,
MO. It is a community that I represented in the Congress for 14 years
before having the chance to represent them in the Senate.
Of course, the community has responded. But one of the reasons the
community has responded in the way that it has is the truly tragic loss
of life. There were 31 people on the boat that was overwhelmed by the
water. Of those 31 people, 17 died. Of the 17 that died, 9 of the
victims were members of the Coleman family from Indianapolis, IN.
Tia Coleman lost her husband, Glenn, and all three of their children.
On Saturday, Tia asked that her family members be remembered as they
were. She said that her daughter, 1-year-old Arya, was a little
fireball with 1,000 different personalities. Her 7-year-old son, Evan,
according to his mom, was a great brother who was extremely smart and
witty and loved life. Her 9-year-old son Reese, according to his mom,
was the happiest little boy and made every day worth living.
Tia's nephew, Donovan Hall, who was the other surviving member of
that family, lost his mother Angela and his brother Maxwell. Tia
described her sister-in-law Angela as a loving mother who would do
anything for her family, and 2-year-old Max loved big hugs.
Tia was laughing through her tears as she remembered her Uncle Ray as
a man who liked to laugh and have a good time.
Tia's father-in-law, Horace ``Butch'' Coleman, is being remembered in
Indianapolis as a legend in the community, having volunteered for more
than four decades as a youth football coach. He and his wife, Belinda
Coleman, were involved in the community. Belinda was described as a
loving mom, a loving grandmother, and as a leader in their church.
Tia asked that all of us keep the Coleman family in our prayers as
they adjust to this terrible tragedy.
[[Page S5239]]
Rosemarie Hamann and William Asher, from the St. Louis area, had just
celebrated Rosemarie's 68th birthday. Their friends say they loved to
dance and live life to the fullest. They both gave back to their
community through local veterans organizations.
William and Janice Bright, from Higginsville, MO, were in Branson
celebrating their 45th wedding anniversary. They are survived by their
3 children and 16 grandchildren, with another grandchild on the way,
who will never get a chance to see their grandparents.
The Smith family of Osceola, AR, is mourning the loss of 53-year-old
Steve Smith, a retired educator, and his 15-year-old son Lance. The
Smiths were very active in their church. Steve was a deacon and Lance
felt the call to the ministry at 15. He had just recently delivered his
first sermon.
Leslie Dennison from Illinois died a hero. This 64-year-old
grandmother pushed her 12-year-old granddaughter to the surface of the
water, helping save that girl's life before she was overwhelmed by the
water.
Former church pastor Bob Williams, who was driving the boat, was
remembered by the Branson mayor, Karen Best, as ``a great ambassador
for Branson'' and an active member of the community.
Certainly in the coming days we will learn more about these men and
women and children and the lives they led and the lives that were ended
tragically. We will also learn about the accident itself.
Senator McCaskill and I were both there on the day after the accident
as Federal officials arrived--the Coast Guard, responsible for
certifying equipment like the boat that sank, and the National Travel
Safety Board, which has the responsibility to investigate the accident
and tell us what happened. Senator McCaskill met with them early in the
day. I met with them exactly 24 hours after the boat sank.
As we were finished with that meeting and looking out at the placid
Table Rock Lake, it was impossible to imagine that was the same lake
that was in videos of what had happened the day before.
Certainly Senator McCaskill and I were also thinking of the first
responders, the medical staff, looking at what mental health care was
available not only for people who survived the accident but also for
the people who responded.
There were people who were on a nearby showboat, the Branson Belle,
who dove off the boat and immediately swam out to do what they could to
help the people who were trying to save their own lives. One boat dock
sent three or four different boats with basically high school guys who
are working at that boat dock in the summer. I am sure if you are a 16,
17, 18-year-old young man, you think everything is OK, but we were both
insistent that they try to have the kind of mental health counseling
they needed, along with the families and the survivors who were there,
and certainly the community, with services that reacted in the right
way.
It is unfortunate that we don't think as much as we should about the
NTSB and their efforts. One of the things that certainly they will be
looking at is their investigation of a similar accident almost 20 years
ago in Arkansas on Lake Hamilton. The questions would be, I think, Did
the Coast Guard do what they were supposed to do? Did the operators do
what they were supposed to do? Did the equipment do what it was
supposed to do? Certainly we will be looking carefully at the report to
decide what needs to happen as a result of that report. Certainly this
is an accident we wouldn't want to see happen ever again.
Since its inception, the NTSB has investigated thousands of aviation
and surface transportation accidents. They are busy right now
investigating what happened in Branson, MO. Other examples are the
Southwest Airlines engine incident in April, the autonomous vehicle
crash in Tempe, AZ, and the collision of the Amtrak train and the CSX
freight train in South Carolina. That is what they do. Its staff and
leadership are on call 24 hours a day, 365 days a year.
Unfortunately, we have had two nominees for the National
Transportation Safety Board who have been pending for consideration for
many months--one a Democrat, another a Republican. The confirmation of
those two people would ensure that the NTSB has a full board to fulfill
its critical mission.
I have been assured that we are going to move forward with those
confirmations later today. I can also assure my colleagues that Senator
McCaskill and I and Congressman Long will be closely monitoring the
investigation as we learn what happened and do what we need to do to
make sure it never happens again.
So with gratitude to the first responders, the medical staff, and the
members of the Branson community who stepped forward to assist in this
tragedy, I close my remarks and turn to Senator McCaskill for whatever
she may have to say about this event.
The PRESIDING OFFICER. The Senator from Missouri.
Mrs. McCASKILL. Mr. President, I would like to thank my colleague. He
and I were both in Branson last Friday. We didn't have a chance to see
each other, but we were both there for the same reason; that is, an
unspeakable tragedy in our State that has Federal involvement because
the investigations will occur jointly with the Coast Guard and the
NTSB.
I would echo many of the remarks that my colleague made. I
particularly was struck when I was there--the highway patrol divers had
just finished their work. They had the worst job maybe in the country
last Friday, but certainly in Missouri. Their job was to go to the
bottom of the lake and find the bodies that had been trapped in this
amphibious vehicle at the bottom of one of the most beautiful lakes in
the world.
We never want a tragedy like this to strike in our State. I will tell
my colleagues that the only silver lining I can find is that it
happened in a part of our State where there is a great deal of love.
There is a lot of openness in Branson, MO, for the travelers who come
through, for all the tourists who come to Branson. We are very proud of
that area of our State. The Ozarks have some of the most beautiful
terrain God has created. These lakes that we have, both in the central
part of our State and in the southwest part of our State, we are very
proud of. They turned ugly and deadly last Thursday, and we have had a
tremendous loss of life.
This investigation will take a year or more. I join my colleague in
urging the Senate to approve these two nominees that have been pending
for too long. It is my understanding we have gotten movement on that
today. It is sad that it would take a tragedy like this to get this
moving, but I believe that by the end of the day--I am at least
optimistic at this point; I don't know what my colleague Senator Blunt
has learned, but I have learned that it appears that these nominees
will be approved by the end of the day.
There were incredibly difficult weather conditions, but there are
inherent dangers in these amphibious vehicles. We know this. How do we
know this? Because it has been investigated before. We have had 40
deaths associated with duck boats since 1999, yet there has been little
done to address the inherent danger of these amphibious vehicles. We
had 13 deaths in Arkansas in Lake Hamilton in 1999, 4 deaths in the
Ottawa River in Ontario, Canada in 2002, 2 in the Delaware River in
Philadelphia in 2010, and then the 17 deaths that occurred last week.
Additionally, we had five deaths when a vehicle collided, when it had
an on-land collision in Seattle in 2015.
Back when the NTSB investigated the incident in Arkansas, which is
about 200 miles south of Branson, they found contributing factors to
that accident to be the lack of adequate buoyancy that would have
allowed the vehicle to remain afloat in a flooded condition, the lack
of adequate oversight by the Coast Guard, and, importantly, also the
canopy. When these vehicles are on water, the canopy serves as a trap
if they take on water and are sinking. People who are trying to get out
have no easy way to escape this sinking vehicle because the canopy
traps them within the vehicle.
It also is a problem in terms of wearing life jackets because if
someone has a life jacket on and one of these vehicles goes down in the
water, they get trapped against the roof even more because the buoyancy
of the life jacket holds them against the roof and makes
[[Page S5240]]
it even more difficult for them to get to some point of ingress or
egress.
These are not open vehicles. When they are in the water, it is almost
like an enclosed bus. It is almost like--imagine if you are on an
airplane in the water or on a bus in the matter. It is not a boat; it
is a vehicle. So the NTSB recommendations were pretty straightforward.
Unfortunately, nothing happened as a result of those recommendations.
I am in the early stages of drafting legislation with input from the
NTSB and the Coast Guard to require that the design issues with these
passenger vessels be addressed and that the boats that are not
compliant be taken out of service until they can be compliant. We think
that their past recommendations are reasonable and common sense. We
really think the biggest problem that has to be addressed is this
reserve buoyancy that has been pointed out in the past as part of the
significant problem. If they can't do the buoyancy on a really timely
basis, at a minimum, remove the canopies if they are going on the water
so there is an opportunity for people to escape what is a sinking
coffin, which it was; it was a sinking coffin for way too many people
last Thursday.
As always, I want this to be done in a way that makes sense, but I
don't think it makes sense for us to wait another year to address some
of these glaring issues in terms of passenger safety.
I also would like to take a moment to recognize the victims in this
tragedy. We had five victims who were from Missouri: William Asher, 69,
and Rose Marie Hamann, 68, who both lived in St. Louis; Janice Bright
and her husband, William Bright, 63 and 65, from Higginsville, MO,
closer to Kansas City; Bob Williams, the driver, not the captain of the
vessel, 73 years old, who lived in Branson.
From Arkansas, Steve Smith was 53, and Lance Smith was 15 years old.
From Illinois, Leslie Dennison was 64 years old.
Maybe the most heartbreaking, in some ways, was the large family who
lost so many members as a result of this vehicle sinking in the Table
Rock Lake: Angela, 45; Belinda, 69; Ervin, 76; Glenn, 40; Horace, 70;
and then the Coleman children, including Reece, who was 9; Evan, who
was 7; Maxwell, who was 2; and Arya, who was only 1 year old.
We mourn their deaths. I do think this is a situation where you do
feel helpless. On the other hand, I do think there are steps we can
take so that these particular amphibious vehicles are addressed in
terms of passenger safety so that there is never again a feeling of
helplessness when one of these boats finds itself in a situation where
it is taking on water but the people in the vehicle cannot get out of
the vehicle in order to save themselves and can't even avail themselves
of life preservers in a way that would protect them if for any reason
they were not capable swimmers.
I am very proud of both NTSB and the Coast Guard, who were working
well together when I was down there. Mayor Best was doing a terrific
job. The Red Cross was there in full display in terms of providing
services. The people of Branson were in the midst of an outpouring of
love, affection, respect, and sympathy--and the entire State. Our
Governor has done a good job.
Frankly, it is the silly season for me. This is the time when there
are relatively few weeks until an election, and the fur is flying, and
the politics go back and forth. It was like an oasis on Friday in terms
of everyone coming together, setting their politics on the side of the
road, and trying to work together to find answers to these difficult
questions and come together as we should and find a way to protect the
traveling public and the people.
The saddest thing about this is the people who went on this vehicle
went because they were there having a great time. That is probably a
cruel irony of this situation. They weren't taking a bus on the way to
work. They weren't taking a plane on a business trip. They were
enjoying a beautiful location with their family in the middle of what
should have been a carefree moment, and it turned deadly and tragic. We
do need to come together and try to make sure this doesn't happen in
the future.
With a respectful nod to all the first responders and the people of
the Branson community who have been so supportive, I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, before the two Senators from Missouri
leave the floor, let me express my personal condolences to them, which
I know are shared by each and every Member of this body. The tragedy in
Missouri is absolutely heartbreaking for the families, for the
community, and for the State, and I want our two colleagues from
Missouri to know that we stand with them during this very difficult
time.
Amendments Nos. 3405 and 3422 to Amendment No. 3399
Ms. COLLINS. Mr. President, I ask unanimous consent that the
following amendments be called up en bloc: Heller amendment No. 3405
and Durbin amendment No. 3422. I further ask consent that at 2:15 p.m.
today, there be 5 minutes of debate, equally divided in the usual form,
and that following the use or yielding back of that time, the Senate
vote in relation to the Heller and Durbin amendments in the order
listed and that there be no second-degree amendments in order to the
amendments prior to the votes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the amendments by number.
The bill clerk read as follows:
The Senator from Maine [Ms. Collins], for others, proposes
amendments numbered 3405 and 3422 en bloc to amendment No.
3399.
The amendments are as follows:
amendment no. 3405
(Purpose: To increase the amount available for a Community Volunteer
Income Tax Assistance matching grants program for tax return
preparation assistance)
On page 154, line 14, strike ``$15,000,000'' and insert
``$20,000,000''.
amendment no. 3422
(Purpose: To require the Inspector General to update an audit report
concerning on-time performance of Amtrak)
In the matter under the heading ``salaries and expenses''
under the heading ``Office of Inspector General'' under the
heading ``National Railroad Passenger Corporation'' in title
III oCf division D, in the fourth proviso, strike
``Government.'' and insert the following: ``Government:
Provided further, That not later than 240 days after the date
of enactment of this Act, the Inspector General shall update
the report entitled `Effects of Amtrak's Poor On-Time
Performance', numbered CR-2008-047, and dated March 28, 2008,
and make the updated report publicly available.''.
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