[Congressional Record Volume 164, Number 129 (Tuesday, July 31, 2018)]
[Senate]
[Pages S5493-S5503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERIOR, ENVIRONMENT, FINANCIAL SERVICES, AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2019--Continued
The PRESIDING OFFICER. The Senator from Florida.
Russian Election Interference
Mr. RUBIO. Mr. President, one of the interesting developments in our
public debate in America today is Russia and the elections of 2016.
Lost in all the noise and all the debate and all the legitimate issues
that arise from it is this perception that if you are taking on Russian
interference, that is a Democratic position or an anti-President Trump
position, and that if you think this is all much ado about nothing,
then you are taking a pro-President position. Nothing could be further
from the truth. Vladimir Putin is neither a Republican nor a Democrat.
He is not interested in making America great; he is interested in
making America weak.
The reason Vladimir Putin is interested in making America weak is
because while America is not at war with Vladimir Putin, Vladimir Putin
is at war with America. You may say: Well, that doesn't sound right
because war means bullets, rockets, missiles, aircraft, and launching
attacks. This misses the broader point. For Russia, under the Russian
doctrine of conflict, information is a weapon; information war is a
part of war. We are not in an armed conflict, but sadly, while we
Americans go on about our lives and do not spend all day obsessing
about Russia--until 2016 and some of the issues that arose there--
Vladimir Putin is obsessed with America, and those in his government
who surround him are as well.
We Americans look at Russia and say they are an important country.
They have nuclear weapons and significant conventional military
capabilities. But they have a very small economy of $2 trillion--about
the size of Italy's or Spain's. They are not really geopolitically
relevant in many parts of the world. They still can't project power the
way they used to during the Soviet Union. Yes, they are involved in
Syria and other places, and they are doing more of that than ever
before, and they have a veto vote on the United Nations Security
Council. They are not really a relevant nation. Culturally, their
people have much to be proud of and have contributed a tremendous
amount to the world. On a daily basis, Russia may be a nuclear and
somewhat military peer competitor of the United States but not
economically, not commercially.
But the Russian Government's view of America is very different. They
view America as an aggressive power that seeks to destroy Russia. I
know that sounds bizarre to Americans who know that we spend little, if
any, time thinking about how to go to war with Russia, but in their
mindset, we do. They view us as an aggressive power that wants to fight
and degrade them. They hold us responsible for the end of the Soviet
Union, which, to them, represented power--not so much ideology, but
power--for the current leaders. They blame us for expanding NATO in a
way they feel encircles them. They blame us for the color revolutions
throughout Europe, and they believe we want one of those to happen in
Russia as well. Most of all, they think we are seeking to take
advantage of Russia and humiliate them. This is the view of Russia's
leaders. This is why, while we are not at war with Russia on
information, Russia, under Vladimir Putin, is at war with the United
States.
We keep talking about this issue as if it were espionage. I have had
people come to me and say that everybody spies on everyone. This is not
about espionage--trust me. Many countries in the world spy, and on each
other, including our allies. This is not about espionage; this is about
information warfare.
Information warfare is a part of the Russian doctrine of confronting
an enemy and weakening them from within. What happened in 2016 and what
is
[[Page S5494]]
happening now is nothing less than an information war against America--
not for purposes of electing Donald Trump President or having
Republicans win or vice versa but for purposes of dividing us among
each other so they can weaken us from within, opening a permanent front
domestically in order to hurt this country.
They do this all over the world. They do this in Eastern Europe. They
do it all over the world where they have an interest, and it takes
different forms. In many of the countries in which Russia is involved
in information warfare, one of the things they do is openly and
strongly financially support pro-Russian candidates, pro-Russian
parties, or they may support pro-Russian separatists the way they did
in parts of Ukraine.
We don't have a pro-Russia party in the United States. We don't
really have pro-Russian constituencies in American politics--certainly
not in large numbers that yield any power or influence. Instead, the
way to weaken us is to divide us from within by pitting us against each
other. The weapons they use in this war are their goals. Let me start
with their goals.
How do they weaken us? The first is they seek to amplify political
and social divisions in our country. You will see that both in 2016 and
in the current efforts I am about to show that they focus largely on
issues of race, immigration, and gun control. They know the issues that
pit Americans against each other. They know the hot-button issues that
get us to fight and call each other names and accuse one another of
horrible things, and that is why they focus on those issues.
Another goal they have is to undermine confidence in our democracy--
to be able to go around saying that our elections are rigged--so that
we may come to doubt that a winner of an election really won.
The third is that they seek to weaken our image globally--for
example, making up stories about how American troops in some country
are killing civilians or committing war crimes and things of that
nature, doctoring photos and video, and spreading fake news through
their Russian propaganda outlets.
This is how they seek to weaken us. The methods they use are
enlightening because they used them in 2016, and they are using them
even at this very moment that I am speaking to you now. How do they
amplify our political and social divisions? What do they do to get us
to fight with one another? Because if they just put a bunch of segments
on RT--everyone knows RT is the Kremlin's television station, but they
are keen watchers of American habits. What do they know? They know a
significant and growing percentage of Americans get their news and
their information from social media.
In the old days, if you wanted to start a rumor, you started a rumor,
and people had to tell someone else. Propaganda and informational
warfare is not new. What is new is the ability to spread it to millions
of people instantaneously by using platforms that were not available
just a short time ago. They know Americans increasingly, as I said, get
information from social media.
The first thing they do is they develop networks of followers for
fake social media accounts. ``Fake'' meaning they are real accounts but
fake in that it is not the person. It is a Russian operative who
creates a social media account. Initially, the account may not even
have anything to do with politics. It might have a variety of different
topics in order to attract people to follow it, until you get to 10,000
15,0000, 20,000, 30,000 followers. Once they have reached a critical
mass--and they have dozens of these--then, they use those platforms to
inject divisive or false content or memes. They can use that, for
example, to just sow instability and get us to fight with one another,
but they can also use it to target specific candidates.
For example, they are using these networks, potentially, to leak
stolen documents from a computer they hacked; or email doctored
documents, where they change a few words and make it sound like you
said something you never said; or, an even greater and growing threat,
potentially, one day develop deepfake videos that you will watch on
your news feed. You will look at the video, and it looks like someone
saying and doing something, but it was carefully doctored and only an
expert can tell. By the time a campaign or candidate bats it down, the
election has passed, and that video has been spread far and wide and
probably even found its way into regular media.
They know how the metrics work. How does the story pop up on your
news feed, for example, on Facebook? It is based on how many people
click and look at it. They unleash automated bots and even potentially
paid advertising to drive traffic to those sites so those fake stories
or that false content and that divisive content begins to rise on the
news feed, meaning more people will read it. The result is, you have
started a massive internet rumor that you know is going to get
Americans to fight against one another.
This is not a relic of 2016. This is happening now. This is happening
today. We were reminded of it earlier this morning, earlier today.
I want to show you two slides that Facebook revealed--two slides of
content that Facebook has now removed because they have identified it
as the work of Russian intelligence and their informational war against
the United States.
Our first slide, under a fake account named Resisters, was posted on
the 1st of September of last year. It says: Millions of indigenous
people died during the conquest of America. History is history. But if
we want integrity and equality, we have to erase these bloody memories
and start over. Congratulations, Louisiana.
What it posts is a picture--a picture with a sign on it that says:
Christian terrorism begins in 1492.
Sorry. It says, Congratulations Los Angeles because what it was
referring to was Los Angeles canceled Columbus Day. Columbus Day is no
more in the Nation's second-largest city.
Why do they put that on Facebook? Why would they post that? Because
they know it is going to get us to fight. Some people will see that and
be outraged about Christian terrorism. It will make them angry that
this kind of thing is happening, and they will ascribe this as the work
of the political left. Others, potentially who agree with this message,
will send it to their group of followers, saying: Look, this is exactly
right. This is what we have been saying all along.
The point is, this is a message that would divide Americans against
each other. It will get us to fight along religious lines and
potentially ethnic lines. That is the purpose of this kind of stuff--a
fake account they boosted with automated bots so it got on people's
news feeds.
By the way, they do dozens and dozens of these sorts of posts. This
is just one example of it. This may reach 4,000 there, 18,000 people
over there. This stuff adds up.
Let me show you a second slide. This is a slide from Aztlan Warriors.
As you can see, it is pictures and the names of various Native American
figures from America's past giving thanks to our vets in the 500-year
war against colonialism.
Look at that one. Why would they post that? Geronimo, Crazy Horse,
Chief Joseph, and the like. Why would they post that? Again, this is
just two examples of things they were pushing to get people to fight.
Maybe they are hoping some political or well-known figure will like it
and then create a scandal about them in the press, but they know this
will outrage people.
This is an outrageous message. This is a message designed to generate
outrage. This is not a pro-Trump message or pro-Democratic message;
this is an outrage message. This is informational warfare. They know we
have a First Amendment. This is protected speech, oftentimes. They use
it against us. You can't do that in Russia. This stuff is censored in
Russia, but they have figured out how to use this information to get us
to fight against one another.
There are dozens of other ads like this that today were removed. One
of them attacks President Trump as a Nazi--a divisive message designed
to get us to fight. Again, these are not ads designed to win a
campaign.
This ad is not going to lead you to directly go out and vote for your
Congressman or against him or for your Senator or against him. This is
designed to drive conflict, along lines in this country that they know
drives
[[Page S5495]]
conflict. These are conflict messages. This is informational warfare.
This is what they are doing now year-round. In campaigns, they may
tailor it for something else, but this is what they are doing to us
year-round.
This is what they did in 2016, with the primary objective of getting
us to be divided, with the primary objective of ensuring that no matter
who won that election--Hillary Clinton or Donald Trump--the next
President of the United States was going to take office with a dark
cloud over their head and a nation continually debating these issues
and divided over it.
This is how you weaken an adversary from within. This is 21st century
information warfare, and this is what is happening to our country. The
target of this campaign is not the Democratic Party. It is not the
Republican Party. It is you, the American people. A foreign country,
under a foreign dictator, is coming into your homes, across your
computer screen and your mobile phones, and targeting you for
psychological and informational warfare. That is what we have to fully
accept, as well as the implications it has for our country, for its
future, for our Republic, for our elections, and for our ability to do
work here.
They are better at this today than they were 2 years ago. Imagine
when they start using that to try to influence the debates in the
Senate or the House--contemporary issues. It is coming.
I don't have a magic solution for how to stop it. This is a 21st
century reality. We have to address it and be prepared for it. I know
this. I don't like Vladimir Putin. I don't respect Vladimir Putin. I
don't consider him to be a great leader or anything like that. I
largely consider him to be a weak and very corrupt man whose government
is largely based on corruption and the ability to provide wealth to
those who surround him, as long as they give him some of their money.
He is largely an organized crime figure in charge of a nuclear arsenal
and a great nation of great people. He has empowered himself with that.
I do know he is a calculated actor. We have every reason to believe he
makes decisions by weighing the benefits and the costs.
I believe, in 2016, he looked at the efforts in 2016 and said: I
think weakening America from within through an informational warfare
campaign will yield great benefits at a cost I am willing to pay.
I believe as we get closer to 2018 and future elections, he will have
to make that decision again. I believe one of the things we can do is
something that the Senator from Maryland, Mr. Van Hollen, spoke about
earlier and we are working on together; that is, we have to do what we
can to ensure that when he makes a decision about what to do in 2018 or
beyond, the price of doing it is substantially higher than the benefit
he thinks he will gain from informational warfare.
That is the purpose of the DETER Act, a bill we have filed together
and continues to gain cosponsors. It is to make sure Vladimir Putin
knows how high the price will be in comparison to the benefit before he
decides what he wants to do about 2018 or beyond.
The bill is pretty straightforward. It doesn't deal with 2016. It
doesn't look backward. It looks forward. It says two things. The first
is, after every election, the Director of National Intelligence has to
issue a report, after consulting with the Attorney General, with the
White House, with all the heads of the intelligence agencies, about
whether Russia attempted to interfere in our elections.
I am not talking about five Russian guys on Twitter. I am talking
about a real campaign to interfere in our elections and conduct
informational warfare for the purposes of disrupting our election, for
the purposes of undermining confidence in the ballot box, for the
purposes of driving divisions in America. If the answer is yes, it
defines very clearly a set of specific, very hard-hitting sanctions in
waiting--sanctions in waiting--that will be imposed if, but only if,
there is interference. Sanctions are important as a penalty for what
has been happening in the past, but deterrence happens when people know
it is going to happen in the future.
He has already paid the price for 2016. Those sanctions are already
in place. That is already baked into the equation now. You can't
reimpose the same sanctions. Vladimir Putin is well aware what will
happen if he conducts a massive cyber attack on our infrastructure. He
is well aware of what will happen if he launches a rocket, a missile
against one of America's cities. He knows very well what will happen if
he tries to shoot down one of our airplanes.
Right now, he is kind of wondering what will happen if ``I did this
again because they seem pretty divided about this whole thing. Maybe I
can get away with it.''
We have to change that equation, and that is what this bill is about.
The best way to prevent these things is to change that calculus. The
best way to deal with this or any problem is to prevent it from
happening in the first place. I cannot guarantee that if we pass a
strong deterrence bill, he will not still wage informational warfare,
but I can almost guarantee that if we don't, he will at some point in
the future, and the target could be the Republicans the next time or
anyone, for that matter. Vladimir Putin is not a Republican. He is
anti-American, and he seeks to destroy this country from within, with
driving an informational warfare campaign.
We are prepared to change and tailor our bill. There are some parts
of that bill that need to be altered and refined. We recognize that. We
are working to do that. We are willing to take ideas from anyone. The
purpose of this is not to do something reckless or irresponsible. I am
not interested, and I know Senator Van Hollen is not interested, in a
talking point or a messaging exercise. We want to pass a law, which
means it has to have 60 votes in the Senate, a majority in the House,
and something President Trump can sign.
We are willing to change the bill so long as it can pass, and it will
actually have strong enough deterrence. That is good public policy
without unintended consequences. That is the purpose of this.
I will close where I began. We make a terrible mistake if we think
this somehow is an effort by Vladimir Putin to engage himself in a
partisan competition in the United States. His goal is not to elect one
party or any individual candidate. His ultimate goal is to divide us
against each other.
I ask everyone this. If a stranger came into your home--no matter
what problems you may have with your family member or your children--
and actively encouraged you to fight with your spouse and fight with
your kids and fight with your relatives, constantly trying to
instigate, I know most people would tell this person: Listen, we are
family, and we argue with one another, but you are not. You have no
place to come into our home and get us to fight with one another.
We need to do that with our country. We need to do that with America.
That is what we are hoping we can do here; 2016 is being dealt with.
The Intelligence Committee that I sit on continues to do its work. We
learn more every day that I think will help us be stronger for the
future.
Is the independent counsel doing his work? I think the best thing
that could happen is that all the truth can come out. The best thing
for the President, the best thing for the country is that he be allowed
to finish his work and that we know everything that happened in detail.
The truth, I truly believe, is what is in the best interest of
everyone, including the President of the United States.
We can't change the past. We can react to it, but we can't change it.
We have a chance to influence the future, and that is the point of the
DETER Act and why I hope we can make progress.
The election in the fall is less than 100 days away now. We are
running out of time to put in place the things we need to put in place
to ensure that this does not continue to happen.
We already are pretty irritated about these issues in America. The
last thing we need is for some foreign, malign power, which seeks to
weaken us, to have a foothold in making things worse and, in cases like
what I just showed, getting us fighting with one another over things
that aren't even real. We are the target of a psychological and
informational war. It is time we stand up for ourselves, and I hope we
will pass something like the DETER Act to do so.
I yield the floor.
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I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Perdue). The clerk will call the roll.
The legislative 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, over the past week, the Senate has
debated and amended the financial services and general government
appropriations bill. It is the first time that this bill has the
potential to cross the floor of this Senate since 2007, when the bill
was created. Not one time has it passed the Senate since this
appropriations bill was created.
Usually, this particular appropriations bill is airdropped into an
end-of-the-year spending package or an omnibus without ever being
publicly debated, without ever coming to the Senate floor, without a
single amendment. This year changed that.
This bill has been on this floor this entire week. And it was here
last week. And it is being amended. And it is going through a process.
That may not seem like a big deal to some. That should be a no-brainer
for most Americans, certainly for most Oklahomans. They would think, of
course, the bill is being amended and debated. But that has not
happened since 2007, and we are changing a process, trying to relearn
how to actually pass bills--to debate them and to go through this
process.
I think countless Americans across the country who complain about the
inaction of Congress and all the backroom deals have been justified in
their complaints about this bill. But I am telling you, we are at a
historic turning point of trying to shift this process around. We have
demonstrated that appropriations bills can be debated and amended in an
open, orderly, and fair process for all of the country to see.
I was grateful to accept the role of chairman of the subcommittee
earlier this year because of the agencies and programs that are
impacted by this particular appropriations bill. It affects the lives
of millions of Americans, plays an important role in supporting the
American economy, and promoting private sector growth.
The funding for this particular appropriations bill is $23.688
billion. It includes funding for entities across all three branches of
government, from the White House to the Supreme Court, to a diverse
group of 27 independent agencies and the Treasury.
In fact, more than half of this particular appropriations bill, $12.7
billion, funds the Department of the Treasury, the offices of which
execute important functions that promote economic growth, combat
illicit finance, safeguard our financial system, administer the
Internal Revenue Code, and manage the Federal Government's fiscal
operations.
Last year, the Tax Cut and Jobs Act passed this Congress and is now
law. It provided much needed relief to Oklahomans and all Americans by
lowering tax rates for the middle class, simplifying tax rates for
every American, and dramatically changing how we tax businesses.
The tax reform bill has helped small and large businesses and
individuals throughout this year. In fact, as a direct result of that
bill passing last year, this past quarter, our economy grew at 4.1
percent. Unemployment is down to historic levels. Wages have started to
increase again.
We have seen some significant growth in our economy, but with that
significant growth, from a new Tax Code, there are also significant
changes that are happening in tax administration. This particular bill
provides the funds necessary for the IRS to be able to complete its
work to implement the tax reform bill to ensure that the tax forms and
all of the IT systems are ready for the filing system and April 15. We
want to make sure that Americans get their questions answered because
there will be additional questions coming this next year as they file
under a new system--hopefully a simplified system.
The bill also provides funding for the taxpayer assistance centers to
ensure that local offices in my State--like those in Enid, Lawton,
Oklahoma City, and Tulsa--remain open and available for individuals to
have face-to-face conversations with someone from the IRS and that
there is also the opportunity for them to be able to call directly, if
they have questions for the IRS. These important centers help
Oklahomans resolve tax issues, change tax account information, arrange
payments, as well as get answers to questions regarding the new tax
law.
This bill also includes $159 million for the Office of Terrorism and
Financial Intelligence. It is at the Treasury Department, but it levies
the sanctions against terrorist organizations, international narcotics
traffickers, rogue regimes, and individuals and entities involved in
the proliferation of weapons of mass destruction. It is an incredibly
important office that functions in our Treasury.
The State of Oklahoma knows firsthand the devastation that can be
caused by terrorism, and I am pleased that this terrorism finance
entity received a $17.2 million increase in our bill. It increases
their capacity to curb terrorist financing and dismantle the financial
networks that support them. If you stop the flow of money to terrorism
and to cartels, you can stop the flow of drugs and violence and every
other evil thing that they bring.
This bill also includes $118 million for the Financial Crimes
Enforcement Network or what is called FinCEN. It combats money
laundering. In 2018, financial institutions in Oklahoma have filed over
12,000 suspicious activity reports that they identified with FinCEN to
identify suspicious activities or potentially suspicious activities
that helped FinCEN to follow the money and track down drug kingpins,
money laundering, human smugglers, and other criminal enterprises.
Furthermore, this bill 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.
The SEC--Securities and Exchange Commission--works to ensure that our
financial markets are fair, orderly, and efficient. This helps Oklahoma
companies have access to the capital they need to get started, to grow,
to hire, and to thrive.
Over the past year, the SEC has made protection of Main Street
investors its top priority. This will help ensure that Wall Street
insiders can't manipulate stocks prices for retirees in Norman or give
unscrupulous financial advice to investors in Broken Arrow. I am
pleased we were able to fund this initiative. Households in Oklahoma
have more than $164 billion in mutual fund assets, and the SEC
regulates investment companies that issue these securities so that
families are not victims of Ponzi schemes or fraud that wipe out their
entire life savings. With $164 billion in Oklahoma money invested, it
is incredibly important that we get this regulated and get it done
right.
The bill provides funding, as well, for the CFTC, which ensures that
derivatives markets in the United States are free from fraud,
manipulation, and abuse of practices while ensuring that they remain
globally competitive.
Some people may say: Well, the CFTC doesn't affect me directly. Do
you know what? If you are a soybean farmer or a rancher or you are
involved in oil and gas production in Oklahoma, CFTC markets help these
people hedge their risk. It is very important to them and to our
economy.
I am pleased that the CFTC Chairman, Christopher Giancarlo, is
visiting Oklahoma next week to meet with agriculture and energy groups
face to face and listen to their needs as the agency implements
thoughtful rules and regulations that encourage participation and
innovation in the markets. We welcome the CFTC Chairman to Oklahoma.
The bill also provides $280 million for the High Intensity Drug
Trafficking Areas Program, which supports law enforcement agencies
operating in major drug trafficking regions and corridors. One of those
initiatives in this program is the Texoma HIDTA, which encompasses a
handful of counties in North Texas, as well as Cleveland, Comanche,
McIntosh, Muskogee, Oklahoma, Pittsburg, Sequoyah, and Tulsa Counties.
Those counties are sometimes used as a transnational shipping
distribution area for drugs arriving from Mexico that are destined for
Oklahoma and other parts of the country.
With this funding, the Texoma HIDTA coordinates training, information
sharing, and joint task forces that
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connect 70 different Federal, State, and local law enforcement agencies
in Oklahoma and North Texas. For example, this week, from Wednesday to
Friday, the Texoma HIDTA is hosting a training for local street patrol
officers, investigators, and detectives to increase awareness of the
trends, methods of operations, and drug activity of the most commonly
encountered criminal street gangs. It is important that this program
stays in place.
The bill includes $99 million for the Office of National Drug Control
Policy and the Drug-Free Communities Support Program that supports
community coalitions to prevent youth drug use. Many youth have a
difficult time navigating junior high and high school and early
college, trying to stay away from drugs--and keep away. This program
supports grants and nonprofit organizations in towns in my State like
Oologah, Lexington, and Hulbert in their efforts to reduce teen
substance abuse.
The bill also provides funding increases to the U.S. Postal Services
inspector general to address the growing concern of narcotics
trafficking through the mail. This funding increase will enable the
inspector general to address the increase in the number of allegations
of postal employees stealing drugs from the mail or postal employees
assisting drug trafficking organizations in the delivery of narcotics
shipped through the mail.
We have thousands and thousands of great employees in the U.S. Postal
Service, but, sometimes, if we have a bad apple in the group, the mail
itself is used to deliver some of the worst narcotics to Americans. We
need to increase for the inspector general to be able to track down a
bad actor, even in our U.S. Postal Service.
The bill provides full funding to the Federal Communications
Commission to help close the digital divide between metropolitan areas
and rural areas in Oklahoma. We want to protect consumer and public
safety and improve the regulatory process for telecommunications
companies throughout the State. This also sets the precedent for
increasing cell phone coverage in some of the most rural areas in the
country, including rural areas in Oklahoma.
Oklahoma receives the second largest allocation of Lifeline funds in
the entire country, $128 million. But there is some waste and
inefficiency, and there are some individuals even in my State who are
getting Lifeline funds but should not. So we have increased the ability
to be more efficient and to make sure that Lifeline funds are targeted
to people who actually need it the most.
Further, this bill provides full funding for the Federal Trade
Commission to fulfill its mission to prevent anticompetitive mergers
and anticompetitive business practices in the marketplace.
Each of the programs that I just mentioned has a real impact on
Oklahoma and Oklahoma families. But it is important to note that we are
not just sending a check to these entities and agencies, and walking
away.
Prior to passing the bill, we held open hearings to require agency
leaders to publicly defend their budget requests, and we will continue
to hold hearings and have conversations with agency heads and senior
leaders and budget directors about the use of their funds. In some
cases, we have made cuts already, and there will be others that may
have to be made in the future.
Last year, we provided $150 million for the Technology Modernization
Fund at the GSA, the General Services Administration. They came back
this year and asked for $210 million. We said no. We have not seen
results from that program yet, and we don't have any data on it, and I
wasn't going to allocate $210 million to something that we don't know
is working.
The National Archives and Records Administration does incredibly
important work to protect our Nation's history, but we reduced their
budget for administrative expenses in this bill. They responded by
finding more efficiencies to compensate for that. This can be a model
for other agencies and entities.
There are ways to help protect Americans' money, and it begins by the
government remembering that the money that is allocated in this bill is
not our money; it is money that is coming out of the paychecks of hard-
working Americans, and they want us to be responsible with it--
rightfully so.
Again, this is a historic week for the Appropriations Committee, for
this particular subcommittee, and for the Senate. I do applaud the
determination of Chairman Shelby and Vice Chairman Leahy as they push
these bills through and publicly debate these bills on the floor.
I also want to thank the ranking member of the subcommittee, Mr.
Coons. He has been a great partner in this effort. Our team and his
team have worked very cooperatively together through a lot of difficult
issues.
I appreciate everyone's engagement on these issues as we try to solve
this long term.
I look forward to continuing oversight in the months ahead as we pass
this bill and then watch over how those dollars are actually spent. We
want to make sure that decisions that have been made are best for the
American people, best for the agencies, and best for the future of our
country.
I look forward to seeing this bill completed in just the next few
hours or next couple of days and finishing the work and then partnering
this bill with what the House has passed to get a final conference
report and put it on the President's desk.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I appreciate the comments of the Senator
preceding me, and I thank him very much. He has worked very hard in the
Appropriations Committee.
Senator Shelby and I have worked very hard to get a bipartisan bill.
I would hope that we could have a consent agreement very soon to bring
the current bills to a conclusion.
I would note that both Mr. Shelby and I have done our best to work
with Members of both parties. Many people on the Appropriations
Committee have concerns, some of which are by nature parochial, many
national. I think we have tried to accommodate as many people as
possible, and I hope that Senators can reach an agreement soon so we
can know exactly what we will be voting on if not tonight, tomorrow
morning.
I thank the Senator for his comment.
I see my friend is about to speak, so I will yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MORAN. Mr. President, I appreciate the kind remarks and the
comments about the appropriations process and bill by the ranking
member, the vice chairman of the committee.
In this package of appropriations bills is the FSGG that was just
talked about by the Senator from Oklahoma, the chairman of the
subcommittee of which I am a member. Tonight, I want to speak about an
aspect of that appropriations bill. I want to speak on the evolving
threats in cyber security that not only pose harm to individual
Americans but also to Federal agencies that are tasked with ensuring
the economic and national security of our Nation.
In recent years, it has become clear that threats in cyber security
are rapidly changing. Cyber attacks are not only growing in volume but
also in complexity.
I chair a subcommittee of the Senate Commerce Committee, the
Subcommittee on Consumer Protection, Product Safety, Insurance, and
Data Security. I have convened hearings and publicly questioned Federal
agencies and private corporations alike to determine what standards and
practices they have in place to better protect their customers'
personal and financial data.
With examples of breaches exposing the personally identifiable
information of tens of millions of Americans, such as in the 2015
breach within the U.S. Office of Personnel Management, the ability to
compromise data networks in the Federal Government cannot be
overstated. Companies must do all they can to prevent hackers from
gaining access to their customers' information. The Federal Government
and State officials must do the same.
Advancements in information technology, or IT, will continue to drive
the changes in our Nation's security, economic competitiveness,
communications, healthcare, privacy, and other areas. The Federal
Government must keep pace with these changes through nimble,
expeditious, and results-driven decision making.
[[Page S5498]]
A stringent and cumbersome budgeting and acquisition process has tied
the hands of Federal agencies in their efforts to modernize their IT
systems in an efficient fashion.
The U.S. Government Accountability Office's 2015 ``High-Risk Series''
report highlighted several issues it deemed critical to improving IT
acquisition. Specifically, the report stated that about 75 percent of
the $80 billion the Federal Government spends annually on IT
investments is spent on operating and maintaining outdated and
unsupported legacy systems, creating major cyber security
vulnerabilities at home and abroad. In fact, the Federal Chief
Information Officer, Suzette Kent, recently testified to the House
Committee on Oversight and Government Reform last week, where she
identified the replacement of legacy IT systems as critical to
achieving stronger Federal cyber security protections.
With the support of the Trump administration, I partnered with
Senator Tom Udall of New Mexico to introduce the Modernizing Government
Technology Act, which is being referred to as the MGT Act, in an effort
to address the foundational cyber security threats that outdated legacy
systems in our Federal agencies pose.
The MGT Act establishes IT working capital funds for 24 CFO Act-
eligible agencies and allows them to use savings obtained through
streamlining IT systems, replacing legacy products, and transitioning
to cloud computing for further modernization efforts for up to 3 years.
The bill also creates the Technology Modernization Fund, a separate
centralized fund within the Department of the Treasury. These resources
would be administered across the Federal Government by the head of the
General Services Administration in consultation with a board of Federal
IT experts.
It is fitting that the MGT Act was signed into law last year as part
of the National Defense Authorization Act for Fiscal Year 2018, as
cyber security policy is increasingly interwoven into comprehensive
national security discussions.
As contributors to the original drafting of the MGT Act, Senate
appropriators demonstrated their continued support for the innovative
policy by appropriating $100 million to the Technology Modernization
Fund for fiscal year 2018, last year's appropriations bill. Of this
original funding, the Technology Modernization Fund has already awarded
substantial grants to applicant agencies, including the Departments of
Housing and Urban Development, Energy, and Agriculture, to replace
their outdated, unsupported, and vulnerable systems.
Given these early-stage successes, I was disappointed to find that
the Senate Appropriations Subcommittee for Financial Services and
General Government, FSGG--the subcommittee that the Senator from
Oklahoma chairs and that I am a member of--provided no funds for the
Technology Modernization Fund in the mark for this fiscal year, 2019.
I appreciate the opportunity to work with Subcommittee Chairman
Lankford and his staff. It was clear to me in that conversation and
those discussions that GSA and OMB need to provide more information on
individual agency proposals submitted to and awarded by the Technology
Modernization Fund.
I worked with the subcommittee to include specific reporting
requirements in this bill for the agencies to provide Congress. Agency
officials have been providing necessary information to appropriators
since the markup of the bill, so progress is being made.
These commonsense requirements are absolutely critical and will lead
to more transparency, and it is important that the GSA and OMB work
closely with the Appropriations Committee on proposals for moving
forward. Congress and the Federal agencies must work hand-in-hand to
provide the necessary resources to the Technology Modernization Fund,
which, used responsibly, is a vital tool for the Federal Government's
task of keeping our Nation's critical IT infrastructure efficient and
secure.
Inherently tied to improving our Nation's critical IT infrastructure
is bolstering cyber security efforts against those who try to do us
harm in the cyber domain. The Federal role in cyber security involves
both securing Federal systems and assisting in protecting non-Federal
systems. Under current law, all Federal agencies have cyber security
responsibilities relating to their own systems, and many have sector-
specific responsibilities.
One of the most well-known topics related to our Nation's cyber
security capabilities relates to the intelligence community indicating
that Russian cyber actors interfered with U.S. elections. These
exposures threatened to compromise one of the most sacred privileges we
have, as Americans, afforded to us in our constitutional freedom to
participate in democracy through election.
Back-end election systems, including voter registration databases,
ballot creation systems, voting machine configuration systems, absentee
processing and reporting, and tabulation software, are increasingly
vulnerable and have been compromised by both private and state actors.
While States are charged with the primary responsibility of securing
their systems, the Federal Government can bolster those efforts through
legislation, such as the Secure Elections Act, which I cosponsored in
an effort to strengthen protections against foreign interference and
prevent Russian meddling in our election, as they did in 2016.
Our Nation faces existential threats from adversaries such as Russia
and China in a warfare we cannot see that rages in the shadows of cyber
space, where cyber attacks know no bounds, affecting our Federal
systems, States, and crossing the line among numerous sectors in our
Nation's critical infrastructure.
As our intelligence and other communities analyze cyber threats,
whether attacking our democracy or our critical infrastructure, it is
important that the Federal Government promptly streamline and share
cyber security information with State, local, and private sector
partners.
Although talk of cyber threats to our State networks and critical
infrastructure across all sectors continues to grow, this threat is not
new. Just last July, we saw hackers infiltrate a network of companies
that run nuclear plants in the United States, including a nuclear
powerplant in my home State of Kansas.
Incidentally, a cross-section of stakeholders at the State and
Federal level and among the private sector are represented at the
Kansas Intelligence Fusion Center, which plays a critical role in
analyzing and comparing cyber data and intelligence among public-
private partners and Federal agencies to identify similarities,
anomalies, and ways our cyber defenses can improve. The Fusion Center,
headquartered in Topeka and managed by the Kansas National Guard, has
analytical capability that works as an intermediary, supporting
companies across the United States in our financial and energy sectors,
as well as our intelligence community and the Department of Defense,
the Department of Energy, and the Department of Homeland Security. With
the Fusion Center's ability to access, analyze, and transmit data at
classified levels, they are able to more accurately assess cyber
threats from the vantage point that private sector partners cannot.
Similarly, they are able to share what they learn from cyber attacks on
private sector partners to Federal agencies.
As we look for ways to improve IT systems across the Federal
Government, there is much to be gained from the private sector and
their experience and exposure to cyber attacks. As the Departments of
Defense, Energy, and Homeland Security develop an assessment of our
Nation's cyber infrastructure, I hope they seek the perspective of our
private sector partners that have just as much at stake in protecting
our infrastructure across the country as does the Federal Government.
We must do all we can to keep our Nation's ability to detect,
prevent, and respond to cyber security attacks, which is why fully
funding the Technology Modernization Fund is so important to bolstering
an environment that incentivizes organizations to strengthen their IT
systems.
I hope my colleagues recognize the importance of investing in
defensive cyber security capacity and join me in supporting funding for
the Technology Modernization Fund in the Financial
[[Page S5499]]
Services and General Government appropriations bill and supporting the
Secure Elections Act.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Daines). The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. MORAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Rounds). Without objection, it is so
ordered.
Mr. MORAN. Mr. President, I ask unanimous consent that it be in order
to call up and consider the amendments in the managers' package, which
is at the desk, with a modification to amendment No. 3670, en bloc.
The PRESIDING OFFICER. Is there objection?
The Senator from Vermont.
Mr. LEAHY. Mr. President, Senator Shelby and I and Senator Moran have
worked on this. We have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments will be considered en bloc.
Amendments Nos. 3406; 3428; 3436; 3437; 3438; 3447; 3454; 3468; 3476;
3480; 3482; 3492; 3493; 3517; 3540; 3546; 3551; 3560; 3562; 3563; 3566;
3578; 3582; 3585; 3595; 3607; 3608; 3613; 3615; 3621; 3633; 3645; 3646;
3650; 3651; 3661; 3665; 3666; 3684; 3668; 3669; 3670, as modified;
3671; 3675; 3676; 3677; and 3679 to Amendment No. 3399
Mr. MORAN. Mr. President, I ask unanimous consent that the amendments
be made pending, en bloc, under the previous order.
The PRESIDING OFFICER. Without objection, the amendments are now
pending en bloc.
Mr. MORAN. Mr. President, I know of no further debate on the
amendments.
The PRESIDING OFFICER. Is there further debate?
If not, the question is on agreeing to the amendments en bloc.
The amendments (Nos. 3406; 3428; 3436; 3437; 3438; 3447; 3454; 3468;
3476; 3480; 3482; 3492; 3493; 3517; 3540; 3546; 3551; 3560; 3562; 3563;
3566; 3578; 3582; 3585; 3595; 3607; 3608; 3613; 3615; 3621; 3633; 3645;
3646; 3650; 3651; 3661; 3665; 3666; 3684; 3668; 3669; 3670, as
modified; 3671; 3675; 3676; 3677; and 3679) were agreed to en bloc, as
follows:
AMENDMENT NO. 3406
(Purpose: To authorize the Secretary of Agriculture to provide
technical assistance relating to a disaster caused by a volcanic
eruption)
At the appropriate place in division C, insert the
following:
Sec. ___. The Secretary of Agriculture shall provide to
any State or county impacted by a volcanic eruption covered
by a major disaster declared by the President in calendar
year 2018 in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) technical assistance--
(1) to assess damage to agricultural production and rural
infrastructure; and
(2) to develop recovery plans for impacted farmers,
ranchers, and rural communities.
AMENDMENT NO. 3428
(Purpose: To require a report on engagement with local interests
relating to intelligent transportation systems technologies and smart
cities solutions)
At the appropriate place in title I of division D, insert
the following:
Sec. 1__. Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committees on Appropriations and Commerce,
Science, and Transportation of the Senate and the Committees
on Appropriations and Transportation and Infrastructure of
the House of Representatives a report on efforts by the
Department of Transportation to engage with local
communities, metropolitan planning organizations, and
regional transportation commissions on advancing data and
intelligent transportation systems technologies and other
smart cities solutions.
AMENDMENT NO. 3436
(Purpose: To require the Administrator of the Federal Aviation
Administration to submit a report on implementation of NextGen at
commercial service airports in the United States)
At the appropriate place, insert the following:
SEC. ___. REPORT ON NEXTGEN IMPLEMENTATION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the implementation of NextGen at
commercial service airports in the United States.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The number and percentage of commercial service
airports in the United States that have fully implemented
NextGen.
(2) The percentage completion of NextGen implementation at
each commercial service airport in the United States.
(c) Development of Standard to Determine Percentage
Implementation of NextGen.--
(1) In general.--The Administrator shall develop a standard
for determining under subsection (b)(2) the percentage
completion of NextGen implementation at commercial service
airports in the United States based on factors that may
include an accounting of efficiency benefits achieved, the
degree of NextGen technology and infrastructure installed,
and the extent of controller training on NextGen.
(2) Inclusion in report.--The Administrator shall include
in the report submitted under subsection (a) the standard
developed under paragraph (1).
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Nextgen.--The term ``NextGen'' means the Next
Generation Air Transportation System.
AMENDMENT NO. 3437
(Purpose: To provide a set-aside for the dryland agriculture research
program)
On page 315, line 13, insert ``of which not less than
$2,000,000 shall be available to carry out the dryland
agriculture research program;'' before ``and of which''.
AMENDMENT NO. 3438
(Purpose: To strike section 531)
Strike section 531.
AMENDMENT NO. 3447
(Purpose: To provide additional funds for grants from the Historic
Preservation Fund for historically Black colleges and universities,
with an offset)
On page 17, line 4, strike ``$88,910,000'' and insert
``$91,910,000''.
On page 17, line 14, strike ``$5,000,000'' and insert
``$8,000,000''.
On page 40, line 7, strike ``$134,673,000'' and insert
``$131,673,000''.
amendment no. 3454
(Purpose: To require the Secretary of Agriculture to establish a
working group to conduct research relating to ocean agriculture)
At the appropriate place in division C, insert the
following:
research on ocean agriculture
Sec. ___. (a) The Secretary of Agriculture, in
coordination with the Administrator of the National Oceanic
and Atmospheric Administration, shall establish a working
group (referred to in this section as the ``working
group'')--
(1) to study how mangroves, kelp forests, tidal marshes,
and seagrass meadows could help deacidify the oceans;
(2) to study emerging ocean farming practices that use kelp
and seagrass to deacidify the oceans while providing
feedstock for agriculture and other commercial and industrial
inputs; and
(3) to coordinate and conduct research to develop and
enhance pilot-scale research for farming of kelp and seagrass
in order--
(A) to deacidify ocean environments;
(B) to produce a feedstock for agriculture; and
(C) to develop other scalable commercial applications for
kelp, seagrass, or products derived from kelp or seagrass.
(b) The working group shall include--
(1) the Secretary of Agriculture;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) representatives of any relevant offices within the
National Oceanic and Atmospheric Administration; and
(4) the Assistant Secretary of Energy for Energy Efficiency
and Renewable Energy.
(c) Not later than 2 years after the date of enactment of
this Act, the working group shall submit to Congress a report
that includes--
(1) the findings of the research described in subsection
(a);
(2) the results of the pilot-scale research described in
subsection (a)(3); and
(3) any policy recommendations based on those findings and
results.
AMENDMENT NO. 3468
(Purpose: To set aside funds for the development of a map depicting
pyrrhotite occurrences throughout the United States)
On page 21, line 23, insert after ``2020;'' the following:
``of which $100,000 shall be made available to the United
States Geological Survey Mineral Resources Program for the
development of a map depicting pyrrhotite occurrences
throughout the United States;''.
amendment no. 3476
(Purpose: To provide for the use of funds to ensure that survivors of
domestic violence and sexual assault do not face housing
discrimination)
At the appropriate place in division D, insert the
following:
Sec. __. (a) The Secretary of Housing and Urban Development
shall continue to engage in efforts authorized by the
Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4; 127 Stat. 54) to ensure that survivors of domestic
violence and sexual assault are not unlawfully evicted or
denied housing by certain landlords based on their experience
as survivors.
(b) Not later than 180 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall submit to Congress a report on the efforts described in
subsection (a).
[[Page S5500]]
amendment no. 3480
(Purpose: To encourage the Department of Transportation and the Corps
of Engineers to cooperate to develop a path forward in allowing freight
funding eligibility for inland waterways improvements)
At the appropriate place in title I of division D, insert
the following:
Sec. 1__. The Secretary of Transportation shall consult
with the Assistant Secretary of the Army for Civil Works to
identify any existing authorities and any additional
authorities that may be needed to leverage funds from
Department of Transportation programs for purposes of inland
waterway project costs.
amendment no. 3482
(Purpose: To set aside funds for the conduct of certain wood
utilization research)
On page 84, line 5, insert after ``2022'' the following:
``, of which not less than $500,000 shall be made available
for wood utilization research to develop woody and
agricultural biomass conversion of low-value woody biomass
using microwave-assisted liquefaction''.
amendment no. 3492
(Purpose: To ensure safe and timely completion of the flexible sleeper
berth pilot program)
On page 455, between lines 18 and 19, insert the following:
Sec. 13_. To the maximum extent practicable, the Federal
Motor Carrier Safety Administration shall ensure the safe and
timely completion of the flexible sleeper berth pilot program
of the Administration.
AMENDMENT NO. 3493
(Purpose: To require the Secretary of Agriculture to submit a report on
conservation programs administered by the Natural Resources
Conservation Service relating to ocelots)
At the appropriate place in title VII of division C, insert
the following:
Sec. __. Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report describing the ways in which
conservation programs administered by the Natural Resources
Conservation Service may be better used for the conservation
of ocelots (Leopardus pardalis) and any action taken by the
Chief of the Natural Resources Conservation Service relating
to the conservation of ocelots.
AMENDMENT NO. 3517
(Purpose: To set aside funds for the Colorado River Basin salinity
control program)
On page 5, line 5, strike the period and insert the
following: ``: Provided, That of the amounts made available
under this heading, $2,000,000 shall be made available to
carry out the Colorado River Basin salinity control
program.''.
amendment no. 3540
(Purpose: To set aside additional funds for grants for the conduct of
certain hazardous fuels management activities)
On page 85, line 17, strike ``$15,000,000'' and insert
``$20,000,000''.
amendment no. 3546
(Purpose: To require the Rural Housing Service to submit a report on
certain properties)
At the appropriate place in division C, insert the
following:
Sec. __. Not later than 1 year after the date of enactment
of this Act, the Rural Housing Service of the Department of
Agriculture shall submit to Congress a report including--
(1) a description of--
(A) the number of properties assisted under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.) that are
reaching the end of their loan term;
(B) the location of each property described in subparagraph
(A);
(C) the number of units in each property described in
subparagraph (A); and
(D) the date on which each the loan for each property
described in subparagraph (A) is expected to reach maturity;
(2) the strategy of the Rural Housing Service to preserve
the long-term affordability of the properties described in
paragraph (1)(A) when the loan matures; and
(3) a description of the resources and tools that the Rural
Housing Service needs from Congress in order to preserve the
long-term affordability of the properties described in
paragraph (1) (A).
AMENDMENT NO. 3551
(Purpose: To provide funding to study and combat harmful algal blooms)
On page 22, line 10, strike the period at the end and
insert the following: ``: Provided further, That of the
amounts made available under this heading, not less than
$200,000 shall be used for activities to better understand
mechanisms that result in toxins being present in harmful
algal blooms.''.
On page 65, line 5, strike the period at the end and insert
the following: ``: Provided further, That of the amounts made
available under this heading, not less than $5,000,000 shall
be used to investigate health impacts from exposure to
harmful algal blooms and cyanobacteria toxins, and to develop
innovative methods to monitor, characterize, and predict
blooms for early action.''.
amendment no. 3560
(Purpose: To require FinCEN to submit to Congress a report on
Geographic Targeting Orders)
At the appropriate place, insert the following:
Sec. ___. Not later than 180 days after the date of
enactment of this Act, the Financial Crimes Enforcement
Network and the appropriate divisions of the Department of
the Treasury shall submit to Congress a report on any
Geographic Targeting Orders issued since 2016, including--
(1) the type of data collected;
(2) how the Financial Crimes Enforcement Network uses the
data;
(3) whether the Financial Crimes Enforcement Network needs
more authority to combat money laundering through high-end
real estate;
(4) how a record of beneficial ownership would improve and
assist law enforcement efforts to investigate and prosecute
criminal activity and prevent the use of shell companies to
facilitate money laundering, tax evasion, terrorism
financing, election fraud, and other illegal activity; and
(5) the feasibility of implementing Geographic Targeting
Orders on a permanent basis on all real estate transactions
in the United States greater than $300,000.
amendment no. 3562
(Purpose: To prohibit certain companies from receiving assistance)
At the appropriate place in division B, insert the
following:
Sec. __. None of the funds made available to the Small
Business Administration in this Act may be provided to a
company--
(1) that is headquarted in the People's Republic of China;
or
(2) for which more than 25 percent of the voting stock of
the company is owned by affiliates that are citizens of the
People's Republic of China.
amendment no. 3563
(Purpose: To provide for the use of funds from the Indian Irrigation
Fund)
On page 34, line 19, strike the period at the end and
insert the following: ``: Provided further, That of the funds
made available under this heading, $10,000,000 shall be
derived from the Indian Irrigation Fund established by
section 3211 of the WIIN Act (Public Law 114-322; 130 Stat.
1749).''.
amendment no. 3566
(Purpose: Of a perfecting nature)
At the appropriate place in division C, insert the
following:
Sec. __. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than July 1, 2019, and following the
review required under Executive Order 12866 (5 U.S.C. 601
note; relating to regulatory planning and review), issue
advice revising the advice provided in the notice of
availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
amendment no. 3578
(Purpose: To add a provision to clarify eligibility and establish an
eligibility appeal mechanism under the rural broadband loan and grant
pilot program)
At the appropriate place in division C, insert the
following:
Sec. ___. In administering the pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary
of Agriculture shall--
(1) ensure that applicants that are determined to be
ineligible for the pilot program have a means of appealing or
otherwise challenging that determination in a timely fashion;
and
(2) in determining whether an entity may overbuild or
duplicate broadband expansion efforts made by any entity that
has received a broadband loan from the Rural Utilities
Service, not consider loans that were rescinded or defaulted
on, or loans the terms and conditions of which were not met,
if the entity under consideration has not previously
defaulted on, or failed to meet the terms and conditions of,
a Rural Utilities Service loan or had a Rural Utilities
Service loan rescinded.
amendment no. 3582
(Purpose: To increase funding for 1890 land-grant colleges, with an
offset)
At the appropriate place in title VII of division C, insert
the following:
1890 land-grant colleges, including tuskegee university
Sec. 7__. (a) Notwithstanding any other provision of this
Act, the amounts made available by this Act to carry out
sections 1444 and 1445, respectively, of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221, 3222) shall each be increased by
$3,000,000.
(b) Notwithstanding any other provision of this Act, the
amount made available under the heading ``(including
transfers of funds)'' under the heading ``Agriculture
Buildings and Facilities'' under the heading ``AGRICULTURAL
PROGRAMS'' in title I shall be decreased by $6,000,000.
[[Page S5501]]
amendment no. 3585
(Purpose: To set aside funds for the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children)
On page 41, line 4, strike the period and insert the
following: ``: Provided further, That of the amounts made
available under this heading, $400,000 shall be made
available to the commission established by section 3(a) of
the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children Act (Public Law 114-244; 130 Stat. 981).''.
amendment no. 3595
(Purpose: To prohibit the use of funds to enforce certain requirements
with respect to added sugars in the rules issued by the Food and Drug
Administration on nutrition labels)
At the appropriate place in title VII of division C, insert
the following:
Sec. __. None of the funds made available by this Act
shall be used to enforce the requirement in the final rule
entitled ``Food Labeling: Revision of the Nutrition and
Supplement Facts Labels'', published in the Federal Register
on May 27, 2016 (81 Fed. Reg. 33742), that any single
ingredient sugar, honey, agave, or syrup (including maple
syrup) that is packaged and offered for sale as a single
ingredient food bear the declaration ``Includes `X'g Added
Sugars''.
amendment no. 3607
(Purpose: To require the use of Environmental Protection Agency funds
to implement recommendations relating to clean and safe water
compliance)
At the end of title II of division A, insert the following:
Using funds appropriated under this title, the
Administrator of the Environmental Protection Agency shall
implement the recommendations described in the report of the
Office of Inspector General of the Environmental Protection
Agency entitled ``Management Weakness Delayed Response to
Flint Water Crisis'', numbered 18-P-0221, and dated July 19,
2018, to ensure clean and safe water compliance under the
Safe Drinking Water Act (42 U.S.C. 300f et seq.). If the
Administrator of the Environmental Protection Agency does not
implement 1 or more recommendations required by the preceding
sentence, the Administrator shall submit to the Committees on
Appropriations and Environment and Public Works of the Senate
and the Committees on Appropriations and Energy and Commerce
of the House of Representatives a report explaining why the
Administrator did not implement the recommendation and
identifying specific actions the Administrator is
implementing to address the concerns raised in the report.
amendment no. 3608
(Purpose: To prohibit the use of funds to implement certain new
policies of the Federal Transit Administration relating to the Capital
Investment Grant program)
On page 472, between lines 6 and 7, insert the following:
Sec. 163. None of the funds made available under this Act
may be used for the implementation or furtherance of new
policies detailed in the ``Dear Colleague'' letter
distributed by the Federal Transit Administration to capital
investment grant program project sponsors on June 29, 2018.
amendment no. 3613
(Purpose: To set aside funds for the United States Semiquincentennial
Commission)
On page 16, line 18, strike the period and insert the
following: ``: Provided further, That notwithstanding
section 9(a) of the United States Semiquincentennial
Commission Act of 2016 (Public Law 114-196; 130 Stat. 691),
$500,000 of the funds made available under this heading shall
be provided to the organization selected under section 9(b)
of that Act for expenditure by the United States
Semiquincentennial Commission in accordance with that Act.''.
amendment no. 3615
(Purpose: To require the Small Business Administration to conduct a
study on matchmaking programs for veteran entrepreneurs)
At the appropriate place in division B, insert the
following:
Sec. __. Not later than 180 days after the date of
enactment of this Act, the Small Business Administration
shall conduct a study on whether the provision of matchmaking
services that, using data collected through outside entities
such as local chambers of commerce, link veteran
entrepreneurs to business leads in given industry sectors or
geographic regions, would enhance the existing veterans
entrepreneurship programs of the Administration.
amendment no. 3621
(Purpose: To require the Comptroller General of the United States to
issue a report on the removal of lead-based paint and other hazardous
materials)
At the appropriate place in division A, insert the
following:
Sec. __. Within Available funds, not later than 180 days
after the date of enactment of this Act, the Comptroller
General of the United States shall issue a report on efforts
by the Department of Housing and Urban Development and the
Environmental Protection Agency relating to the removal of
lead-based paint and other hazardous materials, which shall
include--
(1) a description of direct removal efforts by the
Department of Housing and Urban Development and the
Environmental Protection Agency;
(2) a description of education provided by the Department
of Housing and Urban Development and the Environmental
Protection Agency to other Federal agencies, local
governments and communities, recipients of grants made by
either entity, and the general public relating to the removal
of lead-based paint and other hazardous materials;
(3) a description of assistance received from other Federal
agencies relating to the removal of lead-based paint and
other hazardous materials; and
(4) any best practices developed or provided by the
Department of Housing and Urban Development and the
Environmental Protection Agency relating to the removal of
lead-based paint and other hazardous materials.
amendment no. 3633
(Purpose: To require a report on Federal agency compliance with respect
to establishing an Office of Small and Disadvantaged Business
Utilization)
At the appropriate place, insert the following:
Sec. __. The Administrator of the Small Business
Administration shall--
(1) work with Federal agencies to review each Office of
Small and Disadvantaged Business Utilization's efforts to
comply with the requirements under section 15(k) of the Small
Business Act (15 U.S.C. 644(k)); and
(2) not later than 180 days after the date of enactment of
this Act, submit to the Committee on Small Business and
Entrepreneurship and the Committee on Appropriations of the
Senate and the Committee on Small Business and the Committee
on Appropriations of the House of Representatives--
(A) a report on Federal agency compliance with the
requirements under such section 15(k); and
(B) a report detailing the status of issuance by the Small
Business Administration of detailed guidance for the peer
review process of the Small Business Procurement Advisory
Council in order to facilitate a more in depth review of
Federal agency compliance with the requirements under such
section 15(k).
amendment no. 3645
(Purpose: To prohibit the use of funds for the enforcement of certain
requirements with respect to certain roads)
On page 487, between lines 13 and 14, insert the following:
Sec. 1__. (a) Subject to subsections (c) and (d), none of
the funds appropriated or otherwise made available to the
Department of Transportation by this or any other Act may be
obligated or expended to enforce or require the enforcement
of section 127(a) of title 23, United States Code, with
respect to a segment described in paragraph (1) or (2) of
subsection (b) if the segment is designated as a route of the
Interstate System.
(b) The segments referred to in subsection (a) are the
following:
(1) The William H. Natcher Parkway (to be designated as a
spur of Interstate Route 65) from Interstate Route 65 in
Bowling Green, Kentucky, to United States Route 60 in
Owensboro, Kentucky.
(2) The Julian M. Carroll (Purchase) Parkway (to be
designated as Interstate Route 69) in the State of Kentucky
from the Tennessee State line to the interchange with
Interstate Route 24, near Calvert City, Kentucky.
(c) Only a vehicle that could operate legally on a segment
described in paragraph (1) or (2) of subsection (b) before
the date of designation of the segment as a route of the
Interstate System may continue to operate on that segment,
subject to the condition that, except as provided in
subsection (d), the gross vehicle weight of such a vehicle
shall not exceed 120,000 pounds.
(d) Nothing in this section prohibits a State from issuing
a permit for a nondivisible load or vehicle with a gross
vehicle weight that exceeds 120,000 pounds.
amendment no. 3646
(Purpose: To provide funding to the Secretary of Agriculture to conduct
an inventory and evaluation of certain land for inclusion in the
National Wilderness Presentation System)
At the appropriate place in division A, insert the
following:
Sec. ___. (a) Within available funds for the National
Forest System, the Secretary of Agriculture shall conduct an
inventory and evaluation of certain land, as generally
depicted on the map entitled ``Flatside Wilderness Adjacent
Inventory Areas'' and dated November 30, 2017, to determine
the suitability of that land for inclusion in the National
Wilderness Preservation System.
(b) The Chief of the Forest Service shall submit to the
Committees on Agriculture, Nutrition, and Forestry,
Appropriations, and Energy and Natural Resources of the
Senate the results of the inventory and evaluation required
under subsection (a).
amendment no. 3650
(Purpose: To provide for the conduct of a study to identify underlying
contributing factors for pediatric cancer that are unique to certain
States and to provide assistance to support States with a high
incidence of such cancer)
At the appropriate place in Division A, insert the
following:
SEC. __. ADDRESSING PEDIATRIC CANCER RATES IN THE UNITED
STATES.
(a) Report Identifying Geographic Variation of Types of
Pediatric Cancer.--Using
[[Page S5502]]
funds appropriated under the heading ``Toxic Substances and
Environmental Health'' for the Agency for Toxic Substances
and Disease Registry, the Secretary of Health and Human
Services, not later than 180 days after the date of enactment
of this Act, shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee
on Appropriations of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee
on Appropriations of the House of Representatives, a report
that provides details on the geographic variation in
pediatric cancer incidence in the United States, including--
(1) the types of pediatric cancer within each of the 10
States with the highest age-adjusted incidence rate of cancer
among persons aged 20 years or younger;
(2) geographic concentrations of types and prevalence of
pediatric cancers within each such State, in accordance with
Centers for Disease Control and Prevention guidelines; and
(3) an update on current activities related to pediatric
cancer, including with respect to carrying out section 399V-6
of the Public Health Service Act (42 U.S.C. 280g-17).
(b) Support for States With High Incidence of Pediatric
Cancer.--Using funds appropriated under the heading ``Toxic
Substances and Environmental Public Health'' for the Agency
for Toxic Substances and Disease Registry, the Secretary of
Health and Human Services may conduct public outreach, in
collaboration with State departments of health, particularly
in the 10 States with the highest age-adjusted incidence rate
of cancer among persons aged 20 years or younger, to improve
awareness by residents, clinicians, and others, as
appropriate, of possible contributing factors to pediatric
cancer, including environmental exposures, in a manner that
is complementary of, and does not conflict with, ongoing
pediatric cancer-related activities supported by the
Department of Health and Human Services.
(c) Privacy.--The Secretary of Health and Human Services
shall ensure that all information with respect to patients
that is contained in the reports under this section is de-
identified and protects personal privacy of such patients in
accordance with applicable Federal and State privacy law.
amendment no. 3651
(Purpose: To require a study on the financial impact of the mineral
pyrrhotite in concrete home foundations)
At the appropriate place in division B, insert the
following:
Sec. ___. The Comptroller General of the United States, in
consultation with relevant regulators, shall conduct a study
that--
(1) examines the financial impact of the mineral pyrrhotite
in concrete home foundations; and
(2) provides recommendations on regulatory and legislative
actions needed to help mitigate the financial impact
described in paragraph (1) on banks, mortgage lenders, tax
revenues, and homeowners.
amendment no. 3661
(Purpose: To designate a rest area on the Mount Vernon Trail as the
``Peter B. Webster III Memorial Area'')
On page 41, line 4, strike the period at the end and insert
the following: ``: Provided further, That within available
amounts provided under this heading, the Secretary of the
Interior shall designate the rest area bound by Alexandria
Avenue, West Boulevard Drive, and the George Washington
Memorial Parkway on the Mount Vernon Trail within the George
Washington Memorial Parkway as the `Peter B. Webster III
Memorial Area' and any reference in a law, map regulation,
document, paper, or other record of the United States to the
rest area shall be deemed to be a reference to the `Peter B.
Webster III Memorial Area'; Provided further, That the
Secretary of the Interior shall accept and expend private
contributions for the design, procurement, preparation, and
installation of a plaque honoring Peter B. Webster III on the
condition that the Director of the National Park Service
shall approve the design and placement of the plaque.''.
amendment no. 3665
(Purpose: To ensure continued passenger rail operations on long-
distance routes)
On page 464, line 24, strike ``regulation.'' and insert the
following: ``regulation: Provided further, That not less than
$50,000,000 of the amount provided under this heading shall
be for capital expenses related to safety improvements,
maintenance, and the non-Federal match for discretionary
Federal grant programs to enable continued passenger rail
operations on long-distance routes (as defined in section
24102 of title 49, United States Code) on which Amtrak is the
sole tenant of the host railroad and positive train control
systems are not required by law (including regulations):
Provided further, That none of the funds provided under this
heading shall be used by Amtrak to give notice under
subsection (a) or (b) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined
in section 24102 of title 49, United States Code) on which
Amtrak is the sole tenant of the host railroad and positive
train control systems are not required by law (including
regulations), or otherwise initiate discontinuance of, reduce
the frequency of, suspend, or substantially alter the
schedule or route of rail service on any portion of such
route operated in fiscal year 2018, including implementation
of service permitted by section 24305(a)(3)(A) of title 49,
United States Code, in lieu of rail service.''.
amendment no. 3666
(Purpose: To extend by 1 year the deadline for expenditure for
transportation projects awarded funding from the Transportation
Investment Generating Economic Recovery (TIGER) 2012 and 2013
discretionary grant programs of the Department of Transportation)
On page 414, line 24, strike ``determines'' and insert the
following: ``determines: Provided further, That funds
provided for national infrastructure investments for
passenger rail transportation projects under title I of
division C of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 641),
may be expended until September 30, 2019: Provided further,
That funds provided for national infrastructure investment
for port infrastructure projects under title VIII of division
F of the Consolidated and Further Continuing Appropriations
Act, 2013 (Public Law 113-6; 127 Stat. 432) shall be
available until September 30, 2020: Provided further, That of
the unobligated balances of contract authority for the TIFIA
program (as defined in section 601(a) of title 23, United
States Code), $13,000,000 shall be permanently rescinded, and
the associated obligation limitation shall be reduced by an
equal amount.''.
amendment no. 3684
(Purpose: To improve the amendment)
On page 1, line 2, strike ``That'' and all that follows
through ``amount'' on page 2, line 9, and insert the
following: ``That such sums provided for national
infrastructure investments for passenger rail transportation
projects under title I of division C of the Consolidated and
Further Continuing Appropriations Act, 2012 (Public Law 112-
55; 125 Stat. 641), shall remain available for expenditure
through fiscal year 2019 for the liquidation of valid
obligations of active grants incurred in fiscal year 2012:
Provided further, That such sums provided for national
infrastructure investments for port infrastructure projects
under title VIII of division F of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-
6; 127 Stat. 432) shall remain available through fiscal year
2020 for the liquidation of valid obligations of active
grants incurred in fiscal year 2013: Provided further, That
the 2 preceding provisos shall be applied as if they were in
effect on September 30, 2018: Provided further, That after
calculating the distribution of obligation limitation for
Federal-aid highways for fiscal year 2019 under section
120(a), the obligation limitation shall be reduced by
$52,000,000 to a total of $45,216,596,000: Provided further,
That the reduction in the preceding proviso shall be applied
to the obligation limitation determined under section
120(a)(4) for the TIFIA program (as defined in section 601(a)
of title 23, United States Code)''.
amendment no. 3668
(Purpose: To increase the amount set aside for the breastfeeding peer
counselors program)
On page 360, line 13, strike ``$60,000,000'' and insert
``$67,500,000''.
amendment no. 3669
(Purpose: To prohibit the use of funds to carry out requirements
relating to electronic logging devices)
At the appropriate place in title I of division D, insert
the following:
Sec. 1__. None of the funds appropriated or otherwise made
available to the Department of Transportation may be
obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States
Code, or any regulation issued by the Secretary pursuant to
such section, with respect to the use of electronic logging
devices by operators of commercial motor vehicles, as defined
in section 31132(1) of such title, transporting livestock, as
defined in section 602 of the Emergency Livestock Feed
Assistance Act of 1988 (7 U.S.C. 1471) or insects.
AMENDMENT NO. 3670, As Modified
(Purpose: To prohibit funds made available to the Federal Transit
Administration from being used for the procurement of rolling stock
from manufacturers supported by certain foreign governments)
At the appropriate place in title I of division D, insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available to the Federal Transit Administration under
this title to carry out sections 5307, 5311, 5337, and 5339
of title 49, United States Code, may be used in awarding a
contract or subcontract to an entity on or after the date of
enactment of this Act for the procurement of rolling stock
for use in public transportation if the manufacturer of the
rolling stock is incorporated in or has manufacturing
facilities in the United States and receives support from the
government of a country that--
(1) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this Act;
(2) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority
foreign country under subsection (a)(2) of that section; and
(3) is subject to monitoring by the Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
[[Page S5503]]
(b) This section shall be applied in a manner consistent
with the obligations of the United States under international
agreements.
(c)(1) This section shall not apply to the award of a
contract or subcontract made by a public transportation
agency with a rail rolling stock manufacturer described in
subsection (a) if the manufacturer ``produces'' rail rolling
stock for an eligible public transportation agency through a
contract executed prior to the date of enactment of this Act.
(2) A rail rolling stock manufacturer described in
subsection (a) may not use funds provided under a contract or
subcontract described in paragraph (1) to expand the
manufacturer's production of rail rolling stock within the
United States to an ``amount of rolling stock vehicles or
railcars'' that is greater than the amount required under
contractual obligations of the manufacturer as of the date of
enactment of this ``Act including all options per for
additional rolling stock.''
(d) Nothing in this section shall be construed to apply to
funds that are not appropriated or otherwise made available
to the Federal Transit Administration under this title.
AMENDMENT NO. 3671
(Purpose: To prohibit funds from being used to provide housing
assistance benefits to individuals convicted of certain criminal
offenses)
At the appropriate place in title II of division D, insert
the following:
Sec. ___. None of the funds made available under this Act
may be used to provide housing assistance benefits for an
individual who is convicted of--
(1) aggravated sexual abuse under section 2241 of title 18,
United States Code;
(2) murder under section 1111 of title 18, United States
Code; or
(3) any other Federal or State offense involving--
(A) severe forms of trafficking in persons or sex
trafficking, as those terms are defined in paragraphs (9) and
(10), respectively, of section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102); or
(B) child pornography, as defined in section 2256 of title
18, United States Code.
AMENDMENT NO. 3675
(Purpose: To provide for rural health and safety education programs to
address and combat the opioid abuse epidemic)
At the appropriate place in title III of division C, insert
the following:
rural health and safety education programs
Any funds provided by this Act for rural health and safety
education programs authorized under section 502(i) of the
Rural Development Act of 1972 (7 U.S.C. 2662(i)) may be used
under those programs to address the opioid abuse epidemic and
to combat opioid abuse in rural communities.
AMENDMENT NO. 3676
(Purpose: To provide an additional $2,000,000 for hiring staff for
tribal detention facilities by reducing the amounts made available
through the Working Capital Fund of the Department of the Interior)
At the appropriate place in title I of division A, insert
the following:
Sec. ____. (a) There are appropriated under the heading
``Operation of Indian Programs'' under the heading ``Bureau
of Indian Affairs and Bureau of Indian Education'', in
addition to any other amounts made available under such
heading and in order to provide additional funding for hiring
staff for tribal detention facilities, including addressing
the needs of newly funded tribal detention facilities,
$2,000,000, to remain available until September 30, 2020.
(b) Notwithstanding any other provision of this Act, the
total amount appropriated under the heading ``Working Capital
Fund'' for the Department of the Interior is hereby reduced
by $2,000,000.
amendment no. 3677
(Purpose: To require the National Railroad Passenger Corporation to
grant a discount to members of the public benefit corporation Veterans
Advantage)
On page 464, line 4, strike the period at the end and
insert ``: Provided further, That of the amounts made
available under this heading and the heading `National
Network Grants to the National Railroad Passenger
Corporation', not more than $500,000 may be made available to
provide a discount of not less than 15 percent on passenger
fares to veterans (as defined in section 101 of title 38,
United States Code).''.
amendment no. 3679
(Purpose: To provide that up to $6,000,000 be used for UAS integration
activities)
On page 424, line 12, strike the period and insert
``Provided further, That of the amount appropriated under
this heading, up to $6,000,000 shall be used for providing
matching funds to qualified commercial entities seeking to
demonstrate or validate technologies that the Federal
Aviation Administration considers essential to the safe
integration of unmanned aircraft systems (UAS) in the
National Airspace System at Federal Aviation Administration
designated UAS test sites: Provided further, That not later
than 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
identify essential integration technologies that could be
demonstrated or validated at test sites designated in
accordance with the preceding proviso.''.
Mr. MORAN. Mr. President, I now ask unanimous consent that
notwithstanding rule XXII, the cloture motion on H.R. 6147 be
withdrawn. I further ask that the only remaining amendments in order be
the following: Leahy No. 3464, Lee No. 3522, Baldwin No. 3524, and Cruz
No. 3402; further, that at 11 a.m. on Wednesday, August 1, all
postcloture time be yielded back and the Senate vote in relation to the
amendments in the order listed; that the Leahy, Lee, and Baldwin
amendments be subject to a 60-affirmative vote threshold; and that
following the disposition of the Cruz amendment, the Murkowski
amendment No. 3400 be withdrawn, the substitute amendment No. 3399, as
amended, be agreed to, and the bill be read a third time and the Senate
vote on passage of H.R. 6147, as amended. I also ask unanimous consent
that there be 2 minutes of debate prior to each vote in this series.
The PRESIDING OFFICER. Is there objection?
The Senator from Vermont.
Mr. LEAHY. Mr. President, I have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3585, as Modified
Mr. MORAN. Mr. President, I ask unanimous consent that the Murkowski
amendment No. 3585 be modified with the changes that are at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3585) previously agreed to is modified, as
follows:
At the appropriate place insert the following: ``: Provided
further, That of the amounts made available under this
heading, $400,000 shall be made available to the commission
established by section 3(a) of the Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act (Public Law
114-244; 130 Stat. 981).''.
____________________