S1428 CONGRESSIONAL RECORD — SENATE February 27, 2017 independence for whatever it may ac- perience. With me, a predominant mo- continues to pay dividends in the city cept under that character—that by tive has been to endeavor to gain time public schools to this day. Throughout such acceptance it may place itself in to our country to settle and mature its her long career as a teacher and admin- the condition of having given equiva- yet recent institutions and to progress istrator in the Philadelphia School Dis- lents for nominal favors and yet of without interruption to that degree of trict, Dr. Clayton never lost sight of being reproached with ingratitude for strength and consistency which is nec- her mission. In her words: ‘‘The chil- not giving more. There can be no great- essary to give it, humanly speaking, dren come first.’’ er error than to expect or calculate the command of its own fortunes. A product of Philadelphia public upon real favors from nation to nation. Though in reviewing the incidents of schools, Dr. Clayton became the first It is an illusion which experience must my administration I am unconscious of African American and the first woman cure, which a just pride ought to dis- intentional error, I am nevertheless to serve as superintendent of the Phila- card. too sensible of my defects not to think delphia School District. This Black In offering to you, my countrymen, it probable that I may have committed History Month, we celebrate Dr. Clay- these counsels of an old and affec- many errors. Whatever they may be, I ton’s place in that history, but as we tionate friend, I dare not hope they fervently beseech the Almighty to do, we should also ask ourselves if we will make the strong and lasting im- avert or mitigate the evils to which are living up to her legacy and if we pression I could wish—that they will they may tend. I shall also carry with are putting the children first—all chil- control the usual current of the pas- me the hope that my country will dren everywhere first. sions or prevent our nation from run- never cease to view them with indul- I will be seeing Dr. Clayton today ning the course which has hitherto gence and that, after forty-five years of and so many of her friends. The rules marked the destiny of nations. But if I my life dedicated to its service with an don’t allow me to acknowledge anyone may even flatter myself that they may upright zeal, the faults of incompetent else in the Chamber. So I will do that be productive of some partial benefit, abilities will be consigned to oblivion, later. But I do want her to know how some occasional good, that they may as myself must soon be to the man- much we appreciate her giving us this now and then recur to moderate the sions of rest. much time to pay tribute to her and to fury of party spirit, to warn against Relying on its kindness in this as in her work. the mischiefs of foreign intrigue, to other things, and actuated by that fer- Connie Clayton’s story is a great guard against the impostures of pre- vent love towards it which is so nat- American story. Born to a plumber and tended patriotism—this hope will be a ural to a man who views in it the na- social worker, she was raised by her full recompense for the solicitude for tive soil of himself and his progenitors mother and grandmother after her par- your welfare by which they have been for several generations, I anticipate ents divorced when she was just 2 years dictated. with pleasing expectation that retreat, old. She attended Paul Lawrence Dun- How far in the discharge of my offi- in which I promise myself to realize bar Elementary School in Philadel- cial duties I have been guided by the without alloy the sweet enjoyment of phia. principles which have been delineated, partaking in the midst of my fellow Her mind, like that of so many chil- the public records and other evidences citizens the benign influence of good dren, was awakened by a special teach- of my conduct must witness to you and laws under a free government—the ever er. In her case, it was her fourth grade to the world. To myself, the assurance favorite object of my heart, and the teacher at Dunbar, whose name she of my own conscience is that I have at happy reward, as I trust, of our mutual still readily recalls—Ms. Alice least believed myself to be guided by cares, labors and dangers. Spotwood. She remembers that Ms. them. GEO. WASHINGTON. Spotwood was kind, and she made In relation to the still subsisting war UNITED STATES, 19th September 1796. learning fun. She also remembers that in Europe, my proclamation of the 22d Mr. President, I suggest the absence Ms. Spotwood seemed interested in her of April 1793 is the index to my plan. of a quorum. individually, even as she was interested Sanctioned by your approving voice The PRESIDING OFFICER. The in every other child in that classroom. and by that of your representatives in clerk will call the roll. Ms. Spotwood made Connie feel special. both houses of Congress, the spirit of The legislative clerk proceeded to Connie Clayton went on to attend that measure has continually governed call the roll. Jay Cook Junior High School and me, uninfluenced by any attempts to Mr. CASEY. Madam President, I ask Philadelphia High School for Girls, deter or divert me from it. unanimous consent that the order for where she excelled academically. She After deliberate examination with the quorum call be rescinded. thought she wanted to be a doctor, the aid of the best lights I could ob- The PRESIDING OFFICER (Mrs. even taking 4 years of Latin at Girls tain, I was well satisfied that our coun- ERNST). Without objection, it is so or- High School on the theory that she try, under all the circumstances of the dered. would need to decipher dated medical case, had a right to take—and was f jargon. Her enthusiasm waned when she realized that calling a body a cor- bound in duty and interest to take—a EXECUTIVE CALENDAR—Continued neutral position. Having taken it, I de- pus didn’t make studying its contents termined, as far as should depend upon Mr. CASEY. Madam President, I ask any more appealing. She chose, in- me, to maintain it with moderation, unanimous consent to speak as in stead, to focus on the mind, earning perseverence, and firmness. morning business. her bachelor’s degree and her master of The considerations which respect the The PRESIDING OFFICER. Without education degree from Temple Univer- right to hold this conduct it is not nec- objection, it is so ordered. sity, before going on to her doctorate essary on this occasion to detail. I will TRIBUTE TO DR. CONSTANCE E. CLAYTON of education in educational leadership only observe that, according to my un- Mr. CASEY. Madam President, I rise from the University of Pennsylvania, derstanding of the matter, that right, today, as I have every year that I have where she was a Rockefeller scholar. so far from being denied by any of the been in the Senate, which is quite a Dr. Constance E. Clayton recognized belligerent powers, has been virtually long time now—the last 10 years, going that education—her education—was admitted by all. into 11—to give some remarks in com- what empowered her to succeed. It The duty of holding a neutral con- memoration of Black History Month. started at Dunbar, where teachers like duct may be inferred, without anything The way I have done that, and the way Ms. Spotwood first taught her to raise more, from the obligation which jus- our office has done it, is to recognize a her sights and to reach out and to be- tice and humanity impose on every na- special figure in my home State of lieve. So it is no coincidence that her tion, in cases in which it is free to act, Pennsylvania, an individual who we are first step in her professional life was to to maintain inviolate the relations of very proud of. Today we honor Dr. Con- go back to Dunbar and return the peace and amity towards other nations. stance E. Clayton, a trailblazing figure favor. She took a role as a student The inducements of interest for ob- whose career in education positively teacher alongside many of the same serving that conduct will best be re- impacted the lives of countless chil- people who taught her before she could ferred to your own reflections and ex- dren in Philadelphia, and whose work imagine that the letters ‘‘Ph.D’’ would

VerDate Sep 11 2014 02:23 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.005 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 27, 2017 CONGRESSIONAL RECORD — SENATE S1429 follow her name or that the title ‘‘Su- its potential. We know that from day that difference lay the blueprints to di- perintendent’’ would someday precede one as superintendent, Dr. Connie vergent lives. it. Clayton knew her job was to nurture She treated her schools like second In 1955, Dr. Clayton got her first full- this light. But as a product of seg- homes for children because she remem- time teaching job at Philadelphia’s regated education herself, she under- bered, from all of her years of teaching, Harrison Elementary School, where she stood that our system doesn’t always how the vast majority of parents want- taught fifth grade social studies. allow every light to shine equally ed more for their kids than they were Grounded in that personal mission that bright. able to provide and that they just need- children come first, Dr. Clayton’s years High minority schools often receive ed some help in filling the gaps. as a teacher revealed a unique gift for less funding, often have less experi- She took just 1 week of vacation in 11 understanding children, their specific enced teachers, and often offer fewer years as superintendent—that has to be challenges and their particular needs. high-level math and science courses. some kind of national record—and just This is no doubt why, in the years that We know still today that this is true. 1 day of vacation in her many years of followed, she earned a role in devel- Black K–12 students are almost four teaching before that, because she felt oping the social studies curriculum for times as likely as White students to re- not just a passion for her work but an the entire district and led an effort to ceive an out-of-school suspension and urgency to see its results. develop and train teachers to imple- almost twice as likely to be expelled. Dr. Clayton had a sense of urgency ment a Black history curriculum Black students represent 16 percent of about educating these children, in the throughout the school district. the public school population today but same way it was urgent for the fol- Dr. Clayton recalls understanding 42 percent of the population of justice lowers of Sojourner Truth in the 19th that for students at a predominantly facility education programs. century. It was urgent for the students Black school in Philadelphia, it is Connie Clayton refused to simply in the Student Nonviolent Coordi- Black History Month every day, every curse the darkness of these numbers. nating Committee, known as SNCC, in month, and they need to see their lived She worked to change them. She knew the 20th century. They had that ur- experience reflected in the course ma- that an enlightened mind can empower gency. It has been urgent for all the or- terial because they didn’t see many students to overcome the traps laid by dinary lives before, between, and since. white picket fences where they were cynicism, indifference, and under- It was urgent for little Hannah A. growing up. To paraphrase Carter funding—to slip the bounds of low ex- Lions, a girl studying in Philadelphia Woodson, often known as the father of pectation, beat the odds, and then turn in the 1830s whose family saved her Black history himself: Kids need to around and work to change them. A school copybook as ‘‘proof that there learn, not just about Black history but good education can take that light in- were some educated [Black] people about Black people in American his- side and make it flare. back when’’ and donated this copybook tory. Dr. Clayton recalls the reward of She might have asked, and we still to the recently opened National Mu- watching kids excited to learn that are asking: What, then, is a good edu- seum of African American History and they, too, could be a painter, an au- cation? Can some combination of facts Culture here in Washington, where it thor, an astronaut or whatever they and numbers alone contain this trans- sits on display. wanted, and of watching the limits of formative power of education? It was as urgent, of course, for Dr. those children’s imaginations dissolve Well, W.E.B. Du Bois said: ‘‘Edu- Constance Clayton, when she attended before their eyes. cation must not simply teach work—it segregated schools in the same city Dr. Clayton didn’t limit her own must teach life.’’ Dr. Clayton under- some 100 years after Hannah. That is imagination either. In 1972, she was stood this in all of its implications, because a good education is not just named executive director and associate both clear and subtle. She knew it was some combination of numbers and superintendent of early childhood edu- clear that a good education starts with facts. It is enlightenment for a mind cation programs for the Philadelphia an open school. constrained, freedom for a soul re- School District. In the 5 years preceding Dr. Clayton’s pressed, and a passport to a future that Early childhood education is an issue term as superintendent, there were five transcends artificial limitations and dear to my own heart, as the sponsor of teacher strikes in Philadelphia that unleashes potential. legislation here in the Senate to ensure cost students 1,000 days in the class- Dr. Clayton worked feverishly to put universal early education nationwide. room. But during her 11 years in office, one of those passports in the pockets of We know that the stakes for this issue there wasn’t a single strike. She knew each student who passed through the are high. Early learning increases fu- it was clear that a good education re- Philadelphia schools under her watch. ture income. It reduces the chance of quires funding. When she came in, the Her passion and her vision earned her a arrest or incarceration, and it also re- Philadelphia School District was fac- reputation as a reformer whom the duces reliance on social services. Under ing a crushing $90 million deficit. When New York Times wrote led an ‘‘edu- Dr. Clayton’s leadership, the Philadel- she left, it was running a surplus, and cational renaissance’’ in Philadelphia. phia School District expanded and en- she had created financial partnerships She would do whatever it took to hanced its early education program with area businesses, all without clos- make schools better for her students. into a national model. ing a single school. She pushed the district to meet the Connie Clayton’s passion for helping Dr. Clayton knew it was clear that a goals of the America 2000 Program, an children and her competence did not go good education comes from a good cur- ambitious plan to significantly in- unnoticed. In 1982, she was chosen as riculum. When she came in, she noticed crease the achievements of urban superintendent of the Philadelphia the school district had stopped teach- school districts across the country. She School District, the first African ing algebra. When she left as super- instituted the Homeless Student Initia- American and the first woman to hold intendent, she fostered a partnership tive, a successful program to provide that role. She knew the expectation with local university professors to continuity in education and a level of would be high, but her mother always teach the subject of algebra to a vol- consistent support to the hundreds, told her: ‘‘Delete the word ‘can’t’ from untary class that grew from 9 kids the perhaps thousands, of homeless chil- your vocabulary.’’ So Connie hit the first year to over 1,900. dren in the district enduring the daily ground running hard, declaring in the She implemented a free breakfast hardships of life in shelters. Connie press conference where she accepted program because she knew that stu- worked to desegregate schools and the job that motto that would come to dents from certain parts of the district made sure the district was providing define her tenure: ‘‘The children come might not be able to get food in the employment opportunities to minority first.’’ morning. We know, as she knew well, candidates. I have often said that there is a light that hungry kids cannot learn. Several years into her administra- inside of every child, and it is the obli- She reinstated summer school be- tion, the executive director of the gation of adults, especially elected offi- cause she knew that a few credits here Council of Great City Schools re- cials, to make sure that this light or there can mean the difference be- marked of Dr. Clayton’s tenure as shines brightly to the full measure of tween a diploma and a dropout, and in superintendant: ‘‘Looking at an array

VerDate Sep 11 2014 04:08 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.013 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1430 CONGRESSIONAL RECORD — SENATE February 27, 2017 of programs carried out in Philadel- One of the things President Trump NOMINATION OF NEIL GORSUCH phia, you will see almost every innova- said Mr. ROSS will do is enter into the One of the areas in which I am very tive reform that has been proposed in negotiation process on NAFTA, the excited about our ability to effect urban schools.’’ So it is no surprise North American Free-Trade Agree- change will be in considering the Presi- that Dr. Clayton received all manner of ment. In my part of the world, in dent’s nominee to fill the seat left va- awards and honors. Let me mention a Texas, NAFTA is viewed positively; it cant by the tragic passing of Justice few: the Dr. Constance E. Clayton is not a dirty word. Antonin Scalia. It has been a month Chair in Urban Education at the Grad- Some people have suggested that since President Trump nominated uate School of Education at the Uni- trade somehow has a negative impact Judge Neil Gorsuch to that position. As versity of Pennsylvania, which was on our economy, but I believe the evi- Americans—including Members of the named in her honor—the first endowed dence is to the contrary. As a matter of Senate—are familiarizing themselves professorship in the United States to fact, just between Mexico and the with his incredible record, I have been be named after an African-American United States—5 million jobs depend glad to see folks on both sides of the woman. She received the Distinguished on binational trade between Mexico aisle speak so well of him, not just his Daughters of Pennsylvania Award and and the United States. I know from sterling character and his sterling the Humanitarian Service Award from time to time we have differences of legal career but how he appears to be the Philadelphia Commission on views with Mexico. I saw that Sec- really the role model for the type of Human Relations, as well as the 2008 retary Kelly and Secretary Tillerson person you would want to see sitting Star Community Commitment in Edu- were in Mexico City on Wednesday on the Supreme Court of the United cation Award from the Philadelphia talking about some of those differences States. Those who know him and his Education Fund, just to name a few. but reassuring our Mexican counter- work understand that he exemplifies She has received honorary doctorates parts of our sincerity and good will in the integrity, intellect, and accom- from 17 colleges and universities, not trying to work through those. But the plishment we would expect from some- to mention being a visiting professor at fact is, we share a common border with one on our highest Court. Harvard Graduate School of Education. Mexico. What happens in Mexico has an Some of our colleagues across the I could go on and on today. impact on the economy and public aisle—notably the minority leader— She currently serves as trustee of the safety in the United States and vice have complained that Judge Gorsuch Philadelphia Museum of Art, chairing versa. has refused to prejudge certain issues he has been asked about that will like- the African and Afro-American Collec- So I am actually grateful for the con- tions and Exhibits Committee and is a ly come before him as a member of the versation I have had with the Sec- Supreme Court of the United States. I life member of the Delta Sigma Theta retary of Commerce nominee, Wilbur Sorority, where she has served in mul- think Judge Gorsuch has it right. It is Ross and that he is interested in updat- common practice for Supreme Court tiple leadership roles. ing NAFTA, the North American Free- Connie Clayton’s life has been a life nominees, reflecting the judicial ethics Trade Agreement, rather than throw- of not deciding cases before they are of service. We know that in our State ing the baby out with the bath water. capitol—the building has the following actually presented, to decline to an- I think that is a positive approach and swer those sorts of speculative ques- inscription: ‘‘All public service is a one that I certainly support. trust given in faith and accepted in tions. Justice Ginsburg, whom the mi- We have a lot more Cabinet posts honor.’’ Dr. Clayton honored the trust nority leader clearly respects, made that remain vacant in the executive of public service. She validated the this point eloquently, and Supreme branch because our friends across the faith that the parents of all those stu- Court nominees have adhered to the aisle have decided that somehow serves dents placed in her to carry out that norm ever since. If following the well- their political interests. But it does trust, and she always put school- conceived practices developed by peo- not serve the public’s interests and it children first. So on behalf of those ple like Justice Ginsburg of declining does not serve the country’s interests students and their parents and every- to answer questions about how they to have a brandnew administration one else her work touched in the course would decide a case if it came before without the ability of the President to of her long career, it is my distinct the Supreme Court—certainly if that is pick and choose the people he wants to privilege to honor Dr. Constance E. the rule she would embrace, then that help him govern the country. It creates Clayton in celebration of Black History ought to be good enough for Judge more problems, and it also prevents us Month on the Senate floor today. I Gorsuch as well. from getting on with the other impor- want to convey our gratitude for her I think it reflects the fact that our tant business of the Congress and devotion to education and, of course, to friends across the aisle who are looking working together with this President the children of Philadelphia. for something to complain about with I yield the floor. to try to move the country forward in Judge Gorsuch simply can’t find any- I suggest the absence of a quorum. so many important ways. thing, and so they are creating this The PRESIDING OFFICER. The I am glad we will actually consider false choice of asking him to decide clerk will call the roll. Congressman ZINKE’s nomination for cases before he even assumes the bench The senior assistant legislative clerk the Department of Interior later this on the Supreme Court, which clearly is proceeded to call the roll. evening, but we are going to have to go unethical for any judge to do because Mr. CORNYN. Madam President, I through this arduous process, this pro- judges are not politicians running on a ask unanimous consent that the order cedural process of cloture and platform; a judge’s job is to decide the for the quorum call be rescinded. postcloture time-burning before we can law according to the law and the Con- The PRESIDING OFFICER. Without actually vote on this qualified nomi- stitution. How can you possibly know objection, it is so ordered. nee. I have said before that by holding before the case is presented what the Mr. CORNYN. Madam President, it up these qualified nominees, they are facts might be or how the issue might has been since January 20 when Presi- not only preventing the executive be presented to the court? dent Trump was inaugurated that we branch from working for the benefit of Every ethicist, every legal scholar have been trying to get his Cabinet the American people, but they are also who has had a chance to comment on choices confirmed here in the Senate. keeping us from our other job. After we such things understands that we can’t Unfortunately, it has been slow-walked get out of the personnel business, we ethically require judges to say how to the point now that tonight we are need to get about the business of legis- they would decide cases before they go going to be voting on the President’s lating and producing results for the on the court. If they did, I think they nominee to lead the Commerce Depart- American people. So I hope that at would be disqualified from serving be- ment, Mr. Wilbur Ross. I am grateful some point and at some point soon, our cause they would really be just a poli- to Mr. ROSS for wanting to serve the Democratic friends will let us move on tician wearing a black robe but one country in this way. I think President from the confirmation process and get who is unaccountable to the American Trump has chosen wisely as to the down to work where we can make that people since they serve literally for Commerce Secretary. progress. life.

VerDate Sep 11 2014 02:23 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.015 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 27, 2017 CONGRESSIONAL RECORD — SENATE S1431 Editorial boards across the country CALLING FOR THE APPOINTMENT OF A SPECIAL participate in a criminal investigation and even former Obama administration COUNSEL or prosecution if he has a personal or officials have recognized Judge Mr. LEAHY. Madam President, I political relationship with . . . [a]ny Gorsuch as a man who would ‘‘help re- have been concerned. As I read the person or organization substantially store confidence in the rule of law.’’ press and talk with officials, I learn involved in the conduct that is the sub- Before he was even announced as the more about the troubling connections ject of the investigation.’’ Of course, a nominee, an editorial in the Denver between the Russian Government and ‘‘political relationship’’ is defined as Post, his hometown newspaper, encour- President Trump’s campaign and ad- ‘‘a close identification with an elected aged President Trump to select him. ministration. official . . . arising from service as a They called Judge Gorsuch ‘‘a brilliant We already knew—it is very, very principal adviser thereto.’’ Prior to his legal mind and talented writer.’’ That factual—that Russian President Putin confirmation, when we were holding same paper, by the way, endorsed Hil- ordered a multifaceted campaign to un- the confirmation hearings on then-Sen- lary Clinton for President. But they dermine public faith in our election ator Jeff Sessions, I asked him whether agree that Neil Gorsuch is a tremen- and to help President Trump win in he met the standard. It is not really a dous nominee for the Supreme Court. November. That is something all of us close call. The rule perfectly describes Just last week, the Washington Post as Americans should be concerned the relationship between Attorney issued an article titled ‘‘Simply stated, about. Whether you are a Republican, a General Sessions and President Trump. Gorsuch is steadfast and surprising.’’ Democrat, or an Independent, when But he brushed the question off, claim- Well, that is a very concise way to put you have that kind of an attack on our ing that he was ‘‘merely . . . a sup- it, and it is actually a great summary. democracy, it is a concern to all of us. porter of the President’s during the He is steadfast in his belief in Reports indicate that Trump officials campaign.’’ originalism; that is, the text of the were in repeated contact with senior Well, that is an obvious Constitution actually means what it Russian intelligence officials during mischaracterization of the role he says, not based on some desire to see this time. This comes on the heels of played as a top adviser to the Trump some particular policy affected that the President’s National Security Ad- campaign. Attorney General—then- has nothing to do with the literal text visor having to resign after providing Senator—Sessions was widely recog- of the Constitution. That is what misleading details on conversations he nized as a central figure in the cam- judges do—they interpret a written had with the Russian Ambassador con- paign. He had his fingerprints all over Constitution, not an evolving Constitu- cerning U.S. sanctions. But there is a the President’s policies. In fact, one of tion or decide cases based on their pub- lot we still don’t know, including the the President’s top advisers, Steve lic policy preferences. extent of the contacts, who directed Bannon, even called him the Presi- them, whether people who at one point dent’s ‘‘clearinghouse for policy and It is clear that Judge Gorsuch is or another left the Trump campaign philosophy.’’ That is a pretty close independent. He interprets the law as a were involved, whether there was collu- connection. I could hardly think of judge should—with fairness and with- sion, and, of course, the obvious ques- anything closer. To suggest the Attor- out bias. tion: What did the President know and ney General was just ‘‘a supporter’’ and To put it another way, Judge when he did he know it? that he did not have a ‘‘political rela- Gorsuch is exactly the kind of nominee The American people deserve to tionship’’ with the Trump campaign, you would hope to see from any admin- know the facts. They deserve a full and when you look at the Bannon com- istration, and it is gratifying to see fair investigation that is free from any ments, that is patently false. him nominated to this important seat political influence. The White House If the Attorney General refuses to by President Trump. I am sure, because has already demonstrated it is not follow the Department’s recusal stand- of the qualities I have described, that going to respect the independence of ard—now as the head of the Depart- is why he was previously confirmed this investigation. The fact that the ment, well, then, I would hope he unanimously by the U.S. Senate to his White House Chief of Staff attempted would follow his own recusal standards. current position on the U.S. Court of to use the FBI—in violation of Justice Last year, just days before the elec- Appeals for the Tenth Circuit. Department policies—to suppress news tion, then-Senator Sessions and other Judge Gorsuch is a tremendous jurist reports about Russian contacts reveals Trump campaign surrogates wrote an and scholar. He will be appearing be- why we really can’t trust the White op-ed. He criticized then-Attorney Gen- fore the Senate Judiciary Committee House to play by the rules. And, of eral Lynch for not recusing herself in March for questioning by members course, the rules are very, very clear. from matters involving Secretary Clin- of the Judiciary Committee, and then For these reasons, I am calling on ton. The basis of his complaint was a there will be a vote. He has been con- Attorney General Sessions to step ‘‘39-minute conversation’’—to use his firmed by the Senate before unani- aside on this issue and to appoint a words—that Attorney General Lynch mously, as I said, because he was then special counsel to conduct an inde- had with former President Bill Clinton and is now a mainstream pick with an pendent investigation. That is not an in Phoenix, AZ. I would hope he would exceptional legal record. The more we attack on Attorney General Sessions. I set the same standard for himself that learn about him, it seems the more we have known him for 30 years. I just he sets for others because it is kind of hear from folks along his journey from want to make sure we do not have hard to talk about a half-hour con- childhood, to law school, to his profes- these continuing questions about what versation and say that requires recusal sional life, commending his intellect, the President knew and when he knew when it comes to the Clintons, but a integrity, and his strong sense of char- it. year’s worth of vigorously campaigning acter. I believe he is simply the right Even a cursory review of the Justice with and vigorously advising does not man for the job. I look forward to con- Department’s recusal standards reveals when it comes to the Trump campaign. sidering him before the Judiciary Com- that the Attorney General does not— A year working on the Trump cam- mittee and to confirming him soon. indeed, cannot—have the independence paign doesn’t count, but 39 minutes Madam President, I yield the floor. necessary to assure wary Americans talking to former President Clinton I suggest the absence of a quorum. that this investigation will be driven does? Come on. If that is the standard by the facts, not by relationships. Cer- for recusal in one case—I won’t do the The PRESIDING OFFICER. The tainly those who have served as pros- math on how many times 39 minutes clerk will call the roll. ecutors—Attorney General Sessions goes into a year, but I would say, using The senior assistant legislative clerk has; I have—know that there are times Jeff Sessions’ own standards, he has proceeded to call the roll. when the prosecutor has to step aside far, far, far more reason to recuse him- Mr. LEAHY. Madam President, I ask and let someone else do it just so that self in this matter. unanimous consent that the order for everybody can be confident in the in- During the 20 years I have worked the quorum call be rescinded. vestigation. with him, Jeff Sessions has often spo- The PRESIDING OFFICER. Without In fact, Justice Department regula- ken of his commitment to the rule of objection, it is so ordered. tions mandate that ‘‘no employee shall law. I know he feels strongly about

VerDate Sep 11 2014 02:23 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.016 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1432 CONGRESSIONAL RECORD — SENATE February 27, 2017 that, just as I do. As Senators, every and Ukraine. It was interesting. In Po- Let’s not let it drag on. Let’s go to it one of us should. Certainly every one of land, they put up with the notion of now so people can then start debating us who has had the privilege to be a Putin’s interference on a daily basis. issues. I expect there will be areas prosecutor should have a commitment The most frightening prospect, of where I will agree with the new admin- to the rule of law. Well, Attorney Gen- course, is the movement of military istration and there are areas where I eral Sessions’ commitment is now forces, which we hope never occurs, but disagree with the new administration. being tested. they look at it as a very real threat. But I want to know I am agreeing and Whether we apply the Justice De- They have what they call the hybrid disagreeing with an American adminis- partment’s recusal standard, which is war. They said it isn’t just the mili- tration, not with Vladimir Putin’s ad- very, very clear, or use the Jeff Ses- tary; it is also his cyber attacks on our ministration. sions’ 39-minute recusal standard, it is country, and it is also his propaganda So I am moved by what my friend clear that Attorney General Sessions on our country. from Illinois has said. I hope the rest of must step aside. In fact, nothing less One of the Polish leaders asked me a the country listens because we are sup- than the integrity of our democracy is question: We have been wondering, posed to be the example. We pride our- at stake with this investigation. And I Senator, if the United States is not selves on being the example. We are the do not say that lightly. Nothing less willing to confront Russia with its in- oldest existing democracy in the world. than the integrity of our democracy is vasion of your sovereignty in your Let’s not do anything that will come at stake with this investigation. What Presidential election, would you be back to haunt us. did everybody know? When did they willing to stand up for your NATO al- I yield the floor. know it? lies if there is an effort of aggression I suggest the absence of a quorum. The PRESIDING OFFICER. The It is essential that the investigation by Putin? Would you be willing to be led by someone who—in both ap- clerk will call the roll. stand up against Russia in those times? The senior assistant legislative clerk pearance and in reality—is impartial I think that is a legitimate issue. If proceeded to call the roll. and removed from politics. That does we don’t take what the Senator has Mr. TESTER. Mr. President, I ask not describe someone who was in the raised very seriously about putting unanimous consent that the order for trenches of a political campaign with independence in the investigation of the quorum call be rescinded. the subjects of the investigation while this matter, and we don’t do it with The PRESIDING OFFICER (Mr. they were allegedly engaged in the ac- dispatch, shame on us. But it is also MORAN). Without objection, it is so or- tivity under investigation, or some- going to say to the world that we did dered. body who has been described by Steve not respond in a positive and forceful NOMINATION OF RYAN ZINKE Bannon as a ‘‘clearinghouse for policy way when it came to this aggression Mr. TESTER. Mr. President, I am and philosophy’’ for President Trump. against the United States. very pleased to see the majority of the For the good of the country, for the Mr. LEAHY. Madam President, if I Senate move forward and vote on the good of all of us—Republicans, Demo- might respond to my good friend and nomination of a fellow westerner, Mon- crats, Independents—the Attorney senior Senator from Illinois, he has tana’s Congressman, and the next Sec- General really has just one thing to do: been a friend and colleague for decades. retary of the Interior, RYAN ZINKE. I Appoint a special counsel and let the The Judiciary Committee and the appreciate RYAN’s willingness to serve public have the answers. What did ev- whole Senate has benefited from his in this very important post. The De- erybody know? When did they know it? knowledge. partment of the Interior is vital to It is pretty simple. The people of What the leader of Poland said to the Montana’s economy, and I am glad to Vermont, and I suspect throughout the distinguished Senator is a very chilling see someone from the West selected to country, would like to have those an- thing, Madam President. He knows lead it. swers that go to the bedrock of our de- from his own family ancestors how bad The job of the Interior Secretary is mocracy. an area can be if it is under the domi- critically important, especially today In my 42 years here, I have never nation of something like the then-So- as America’s public lands come under seen anything that has concerned me viet Union and now Russia. He also attack by way too many folks who so much as another country that does knows from his own experience as an want to see them transferred to the not have the best interests of the American how important it is that we States or outright sold off. Selling United States at heart trying to inter- have the freedoms we have. them off to the States is the first step fere in our election, another country I was privileged, along with my wife in selling our public lands to the high- trying to determine what the United Marcelle and several others—Senator est bidder, and we can’t let that hap- States does. This is a country that does COCHRAN, Senator UDALL, and Senator pen. not have the United States’ best inter- BENNET and Congressman MCGOVERN— Congressman ZINKE has publicly said ests at heart but a country that wants to visit Cuba and have long discussions that he will not sell off our public to manipulate the United States. This with people who would like to see real lands nor transfer them to the States, U.S. Senator, for the time I have in of- democracy come, and then to go to Co- and in Montana, your word is your fice, will continue to speak out against lombia where they have fought for over bond. For that, I am pleased to support it. 50 years a terrible internal civil war his nomination. Mr. DURBIN. Will the Senator yield with countless deaths and atrocities Congressman ZINKE’s to-do list is no for a question? and to see how they were trying to doubt long, and I look forward to work- Mr. LEAHY. Yes, of course, I will bring back the rule of law and the rule ing with him to check that list off for yield to the distinguished Senator. of democracy. And we just sit there, the people of Montana. Mr. DURBIN. I thank my colleague and it is so easy for us who grew up in Montana is home to some of the from the State of Vermont and, for an era in which we believe in our de- world’s most prized public lands, in- many years, my fellow colleague on the mocracy and we believe in our voices cluding Glacier and Yellowstone Na- Senate Judiciary Committee for his being heard, where sometimes we win tional Parks and the Bob Marshall Wil- statement. I couldn’t agree with him elections and sometimes we lose them, derness. The fact is, our public lands more that we need an independent, but we believe in the fairness of it. It is are huge economic drivers, creating transparent investigation of this Rus- so easy to sit there and think: But we and sustaining more than 64,000 jobs in sian invasion into the body politic of do it right. Montana alone through our outdoor America in an effort to subvert our This makes me wonder. Can we con- recreation economy and thereby pump- sovereignty. It was made by a country tinue to say that? Can we be the bea- ing billions of dollars back into our that is not our friend and was made at con to the rest of the world? Can we local economies. a time when they were trying to influ- say: Do as the United States does be- That is why, when a foreign mining ence the outcome of an election. cause we are open, we are transparent, company threatened the gateway to I just want to note to my colleague we are honest. Yellowstone National Park, I was and friend from Vermont that during Well, this has not been open, trans- pleased that Congressman ZINKE ex- the break I visited Poland, Lithuania, parent, or honest. Let’s make it so. pressed interest in joining me and local

VerDate Sep 11 2014 02:23 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.018 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 27, 2017 CONGRESSIONAL RECORD — SENATE S1433 businesses and community leaders to Education, the Department of Labor, openly mocked his workers. He sug- protect it. I look forward to working the Department of the Treasury, the gested they just got in the way of the with him to permanently safeguard the Department of Commerce—the nomi- efficient operation of his business, and doorstep of Yellowstone National Park nee we are now debating—and the De- he pined for the day when robots would because Montanans know there are partment of Health and Human Serv- replace them. some places more valuable than gold, ices. He even nominated two of his rich Now we are debating Wilbur Ross to and Yellowstone is one of those places. friends to head the Army and the Navy. be Secretary of Commerce. Wilbur Ross I feel confident that Congressman I heard President Trump talk over made a lot of money for himself, but he ZINKE will handle the issues before him and over the past 2 years about how he has taken advantage of the very bad with Montana common sense—issues was going to drain the swamp once he trade deals that this body has passed in like our national parks, and coming up got here. As far as I can tell, all he has order to offshore thousands of U.S. with a responsible solution to the de- done thus far is just sell the swamp to jobs. One such company that he owned, ferred maintenance backlog that is his rich friends. a textile company, employed 4,700 wreaking havoc on our national park I am not saying that billionaires like workers in factories in North Carolina system; the Land and Water Conserva- Wilbur Ross aren’t smart. You have to and South Carolina. That was ineffi- tion Fund, and how to work with Con- be pretty savvy in order to make all of cient in Wilbur Ross’s desire to make gress and work in this administration that money for yourself or for your in- as much money for himself as he could. to ensure full and devoted funding to vestors. There is honor in making So he took those 4,700 jobs and he initiatives like LWCF, the visionary money. That is the American dream— shipped them to Guatemala. He said: Land and Water Conservation Fund; in to have the opportunity, if you want it, This project will benefit from Guate- Indian country, living up to our trust to become very rich, to become very af- mala’s realistic wages. responsibilities that we owe to Amer- fluent, to create a business that makes When Mr. Ross acquired an auto ica’s sovereign Indian nations; and in you, your family, and maybe those who parts factory in Carlisle, PA, a decade resource development, how to respon- invested in it very well off. I have a lot ago, in order to make more money for sibly manage our public lands for en- of friends who have made a lot of himself, he took a hard line with the ergy and resource development, and money in and around Wall Street. I workers, demanding cuts in wages and how to balance that with respect to don’t begrudge the fact that they did benefits that were worth between 25 clean water and clean air and wildlife. it. But making a lot of money for your- and 30 percent of the workers’ earn- Of course, there are always some self doesn’t automatically equate to ings. That is what he needed to do in issues where Congressman ZINKE and I the ability to run an agency or to run order to squeeze as much money out of don’t see eye-to-eye, but he has pub- a country. that company to make himself a few licly committed to working with Con- President Trump made a whole bunch extra million dollars. When the union gress to try and address some of the of money for himself, but his first rejected the demands of Mr. Ross and most important issues of this Nation’s month on the job as President has been when the workers rejected those de- economy as it applies to our public a series of not just domestic embar- mands, he shut the plant down and lands. Montana’s economy is no excep- rassments but international embar- moved their work to North Carolina, to tion, and I will take him at his word. rassments—writing Executive orders Canada, and to Mexico. As a Montanan, I know how impor- without even checking with the Cabi- Wilbur Ross, Rex Tillerson, Steve tant the Department of the Interior is net to see if what he is doing is legal or Mnuchin, and Andy Puzder spent their to our way of life, and I am optimistic illegal; not being able to fill positions entire lives obsessed with making as that Congressman ZINKE will do right in the White House or in Federal agen- much money for themselves as possible by Montana and the country in his new cies—the number of foreign diplomats and not letting anyone’s good fortune role. Montana will be watching. For who tell me they have no idea whom to get in their way. They fired workers, that matter, the country will be watch- call right now in the Federal Govern- they foreclosed on people’s homes, they ing, and I know Congressman ZINKE ment is as embarrassing as it is mad- shipped jobs overseas, and they sup- will make us proud. dening—getting into public spats with ported brutal dictators—all of it jus- I yield the floor. I suggest the absence of a quorum. even our most reliable allies like Ger- tifiable as long as it meant they would The PRESIDING OFFICER. The many and Australia; spending most of make more money for themselves and clerk will call the roll. his time in pitch battles with the for their investors. How on Earth has The legislative clerk proceeded to media and his own staff, rather than that become a qualification to serve call the roll. working with us on trying to solve the the public, to serve at the highest level Mr. MURPHY. Mr. President, I ask problems of this country. of the U.S. Government? unanimous consent that the order for Donald Trump is good at making I am on the floor today to oppose the the quorum call be rescinded. money for himself, but those skills, as nomination of Wilbur Ross to be Sec- The PRESIDING OFFICER. Without we have found, do not translate very retary of Commerce—not because he objection, it is so ordered. well to running a country. Maybe that didn’t do a good job enriching himself Mr. MURPHY. Mr. President, believe is because when the entire focus of through the myriad of businesses that it or not, there are some smart people your entire life is making as much he owned and operated during his time out there in America who are not bil- money as humanly possible for your- in the private sector but because dur- lionaires. I know it doesn’t seem like it self, you cannot pivot on a dime all of ing that time he trampled on the rights as we debate yet another megarich a sudden and start putting all of your of workers, he offshored jobs, and he Wall Street titan to head another de- energy into helping other people. eliminated people’s livelihoods in order partment in the Federal Government, Maybe life doesn’t work like that. So to make more money for himself. All of but billionaires do not actually have a that is what really worries me about the things that Candidate Trump monopoly on wisdom in this country. these billionaire nominees. talked about taking on were the things But it doesn’t seem that this is what A few weeks ago, I was on the floor that Wilbur Ross was doing as he took our new President thinks. If they all talking about the now-Secretary of advantage of these trade agreements to get confirmed, Donald Trump’s Cabinet State Rex Tillerson. He spent his ca- kill jobs in the United States and off- will have a net wealth that is greater reer at Exxon helping to build a very shore them to other places. than one-third of all Americans. Think successful business, but in doing so, he President Trump said he was going to about that for a second. The Cabinet of hurt a lot of people. Exxon deals with fight for the working guy. He isn’t. He the United States will have a net horrible dictators who used those oil is doing the exact opposite. He is turn- wealth all together that is greater than revenues in order to help murder thou- ing the keys of this government over to one-third of every single American— sands of their people. That was good his wealthy friends so that they can the poorest third of Americans—if you for business, but it was awful for hu- potentially profit off of taxpayer dol- put them all together. manity. lars, so that they can deregulate the He has nominated millionaires and Andy Puzder, who is no longer a industries that, by the way, they are billionaires to head the Department of nominee for the Department of Labor, going to return to when their term is

VerDate Sep 11 2014 02:23 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.020 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1434 CONGRESSIONAL RECORD — SENATE February 27, 2017 up. They will get richer, just like they the only person elected to both the sands of jobs in the steel industry at a time have through their entire lives, while Turnaround Management Hall of Fame of crisis. In fact, there are now thousands of the rest of us pay for it. and the Private Equity Hall of Fame. our members in the steel and auto parts sec- It is time for us to recognize that bil- Mr. Ross’s nomination comes at an tors that are working because of our ability important time in our Nation’s eco- to work together to save a critical piece of lionaires in this country do not have a America’s industrial base. monopoly on wisdom. Sometimes the nomic recovery. I believe his extensive He knows what it takes to get the economy very skills that allow you to make a management experience in the private back on track, create jobs, and keep jobs fortune for yourself don’t equate to the sector and his understanding of the from leaving the United States and build a skills necessary to fight for everybody challenges faced by workers and busi- framework so that American workers and else through public service. I would nesses alike will equip him well for the companies are competitive and innovative in urge my colleagues to oppose the nomi- job of leading the Department of Com- the 21st Century. There is much work to be nation of Wilbur Ross to be Secretary merce. done to restore America’s manufacturing base and the good jobs it supports. As Sec- of Commerce. This large Department, which has 12 different bureaus and nearly 47,000 em- retary, Wilbur Ross will be someone who has I yield the floor. a deep understanding of the challenges this I suggest the absence of a quorum. ployees located in all 50 States and vital sector faces. The PRESIDING OFFICER. The around the world, oversees a diverse We urge the Senate to move swiftly on his clerk will call the roll. array of issues, from trade to fishery nomination and look forward to working The bill clerk proceeded to call the management and from weather fore- with him to create more jobs for American roll. casting to the Census Bureau. Mr. workers. Mr. THUNE. Mr. President, I ask Ross’s experience turning around busi- Sincerely, unanimous consent that the order for nesses should help them anticipate and LEO W. GERARD, the quorum call be rescinded. mitigate the risk of major programs USW International President. The PRESIDING OFFICER. Without like FirstNet, the independent author- The PRESIDING OFFICER (Mr. objection, it is so ordered. ity charged with creating a nationwide LANKFORD). The Senator from Florida. Mr. THUNE. Mr. President, I rise to broadband network for first responders Mr. NELSON. Mr. President, I, too, voice my strong support for the nomi- and the acquisition of critical weather support Wilbur Ross. I know him. He nation of Wilbur Ross to be Secretary satellites by the National Oceanic and lives in Palm Beach. I think he is a of Commerce. We held a hearing on his Atmospheric Administration. very good selection to be our next Sec- nomination on January 18, 2017. Mr. I would also like to underscore that retary of Commerce. He is certainly Ross has also completed the required the collaboration between the public qualified to do this job. He gave exten- paperwork and responded to all of the and private sectors is one of the hall- sive answers during his confirmation committee questions for the record. marks of the Department’s work, as ex- hearing before the Commerce Com- Five weeks ago, on January 24, the emplified by the ongoing development mittee. He has accumulated significant Commerce Committee acted by voice of cyber security best practices and experience in dealing with the inter- vote to favorably report his nomina- standards, which the Commerce Com- national business community, and he tion to the floor. We invoked cloture mittee has strongly endorsed. I look has detailed to the committee—in our on Mr. Ross’s nomination by a vote forward to Mr. Ross continuing his col- examination of him, he detailed many margin of 66 to 31 on February 17, with laboration and strengthening it where of his ideas. 15 Democratic Senators voting to in- necessary. There have been some questions that voke cloture. I believe Mr. Ross’s business know- have been raised about some of his I am glad the Senate will finally con- how and intelligence make him an ex- business ties, particularly involving firm his nomination today after a long cellent candidate to serve as the next some of his foreign activities. One ex- and unnecessary delay. When he is con- Secretary of Commerce. I strongly sup- ample is the Bank of Cyprus, which has firmed, Mr. Ross will bring decades of port his nomination. I hope my col- significant levels of Russian invest- business, entrepreneurial, and civic ex- leagues on both sides of the aisle will ment. In the wake of the former Na- perience to this important position. support his nomination as well. It is tional Security Advisor, General Mr. Ross is perhaps best known for high time we got this position filled Flynn’s resignation and under the his expertise in revitalizing distressed and got this experienced person—some- overhanging question of the unlawful businesses, such as those in the U.S. one who has a wide range of know-how Russian involvement in a U.S. election, steel industry. At a time when most in- all across the business sector and our I certainly thought that it was prudent vestors had abandoned the industry, he economy—into a position where he can to get Mr. Ross’s assurances on this organized the International Steel make a difference in helping to create matter in his dealings with the Bank of Group in 2002, and through acquisi- jobs and grow this economy for our Cyprus and certain Russians who were tions, he made it the largest integrated country. involved in the Bank of Cyprus, so on steel company in North America. I see that my colleague from Florida, February 16, I sent him a letter, along Later, it merged with Mittal Steel to Senator NELSON, the ranking Democrat with four other members of the Com- form the largest steel company in the on the Commerce Committee, is here merce Committee, requesting informa- world. It is for this reason that all of as well. I would love to yield the floor tion on any contact Russian investors the major steel-industry labor unions to him and hear what he has to say in the Bank of Cyprus may have with also support his confirmation. about this nomination. officials from the Trump campaign or I ask unanimous consent that the There being no objection, the mate- the Trump organization. I have spoken letter of support for the confirmation rial was ordered to be printed in the with Mr. Ross on at least two occasions of Wilbur Ross from the United Steel- RECORD, as follows: since sending him the letter, one of workers, dated January 9, 2017, be UNITED STEELWORKERS, those being today. He has verbally reit- printed in the RECORD at the conclu- Pittsburgh, PA, January 9, 2017. erated to me that he only had one sion of my remarks. UNITED STATES SENATE, meeting, approximately an hour, with Mr. Ross’s nomination is also sup- Washington, DC. one of the bank’s Russian investors and DEAR SENATOR: On behalf of the United ported by a bipartisan group of former Steelworkers (USW) representing hundreds that it occurred in 2014. The timing is Secretaries of Commerce, including of thousands of American workers, we urge important—2014—because that was be- Secretary William M. Daley, who you to support Wilbur Ross, Chairman and fore the Presidential campaign. He also served as Commerce Secretary under Chief Strategy Officer of WL Ross & Co., assured me that he knows of no loans President Clinton, and later as Chief of LLC, to serve as Secretary of the U.S. De- or interaction between the bank and Staff to President Barack Obama. partment of Commerce. anyone affiliated with the Trump cam- Mr. Ross’s strong record of achieve- Mr. Ross has shown a deep commitment to paign or organization. the future of our domestic manufacturing ment in business led Bloomberg sector. Many of us have seen firsthand how Mr. Ross has been forthcoming with Businessweek to name him one of the he has worked to keep production and manu- me, and I believe him in what he has ‘‘50 Most Influential People in Global facturing jobs here in the U.S. The USW told me, that it is true to his belief. Finance’’ in 2011. It is also why he is worked directly with Mr. Ross to save thou- But I want to say that at the same

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House has chosen to sit on Mr. Ross’s The National Ocean Service tells us I hope this hiccup with the White written response to the questions I and if ships will have enough clearance to House not being transparent and not other Senators have posed, and they get their cargo into a port on time be- returning what he has already written have refused to provide them to the cause it often depends on the tide as to as answers to the Senator’s questions— Senate prior to tonight’s vote. This is how much depth there is with that this problem—is going to disappear despite repeated phone calls to the heavy load of cargo, if they can get in and, that rather than hinder him, as White House—repeated phone calls. It the channel. they have, they will instead support is also despite repeated phone calls NOAA also provides world-class him, as they should. from me to Mr. Ross to ask him to get science regarding atmospheric condi- For that reason, I am here to ask my the White House off the dime since he tions, including climate change and its colleagues to vote yes on Wilbur Ross’s has told me he has already filled out impacts. My State of Florida, the im- nomination. the answers in writing—they are just pacts of climate change—we are ground I yield the floor. sitting in the White House. So there is zero. It is not unusual now that at sea- Mr. VAN HOLLEN. Mr. President, someone in the White House who is sonal monthly high tides, the streets of creating jobs, fostering economic making the decision that they don’t Miami Beach are flooded, and city growth, maintaining sustainable devel- want the Senate to have, in writing, wellfields have now had to be moved opment, and improving standards of what Mr. Ross has told me verbally in further to the west away from the At- living of all Americans are central a private conversation. lantic Ocean because of the rise of sea tasks for any administration, and they If that is any indication of the level level and therefore the saltwater intru- are the mission of the Commerce De- of transparency Congress and the sion into the freshwater aquifer. Since partment. American people can expect from this 2006, Miami Beach has flooded signifi- Congress created the Department of White House, then it appears that cantly more often than it used to. Commerce and Labor in 1903, and then there is going to be a lot left on the Rain-related flooding events in south- renamed the Department of Commerce floor and there is going to be the ap- east Florida have increased by 33 per- in 1913 as the offices working on labor pearance of being in the dark on a lot cent, and tide-related flooding has in- were transferred to the Department of of important matters. That is not the creased by a whopping 400 percent. Labor. Through 12 bureaus and nearly way you do confirmations. You do it in That is not good for business. 47,000 employees, the Department runs a collaborative fashion, especially We simply cannot afford to deny programs that affect broad swaths of when you have a good nominee like what is happening. The impacts of cli- the American economy. Wilbur Ross. The President proposes, mate change are affecting Florida. The Department includes the Na- the Congress disposes. The President They are also affecting a lot of other tional Oceanic and Atmospheric Ad- nominates, the Congress confirms. places around the world, read: Ban- ministration, which warns of dan- Not only is this lack of transparency gladesh. gerous weather, charts seas, and pro- unsettling, it is behavior that everyone NOAA quite literally saves lives and tects ocean and coastal resources. The in this Senate should agree is unac- property, so naturally I fully expect Department includes the Patent and ceptable and should not be tolerated. I any nominee for Secretary of Com- Trademark Office, which fosters tech- do not want this to be taken out on merce to unequivocally support the nology and innovation, and the Na- Wilbur Ross because of the administra- ability of the experts at NOAA to do tional Institute of Standards and Tech- tion’s secretive behavior. Instead, as I what they do best: collect the data, do nology, headquartered in Gaithersburg, said at the outset, following my col- the research, and provide critical prod- MD, which promotes innovation and in- league, the chairman of the committee, ucts and services to the public free dustrial competitiveness. The Depart- I am going to urge our colleagues to from political interference and free ment includes the Census Bureau and support his nomination, but the prob- from censorship. Bureau of Economic Analysis, which lem is that Wilbur Ross is going to get The Department of Commerce has provide economic data to help business fewer ‘‘yes’’ votes than if the White three Nobel laurate scientists who are and policymakers make intelligent de- House would release his written state- employees. While some of the nominees cisions. The Department includes the ments to all of those Senators’ ques- for other key administration posts International Trade Administration, tions. have either been less than forthright, which ensures that Americans have ac- As I said, I know Wilbur Ross. He is less than committal, or less than cess to international markets and safe- a good man. One of the reasons, aside knowledgeable about the very real guards Americans from unfair competi- from this problem of communication threat posed by climate change, Wilbur tion. And the Department includes the with the White House, is that Wilbur Ross candidly and explicitly assured Economic Development Administra- Ross brought forth candid answers me during his nomination hearing in tion to promote job growth in economi- about the work of the National Oceanic our Commerce Committee that he be- cally distressed communities. and Atmospheric Administration, lieves—and I will quote him—that To run the Commerce Department, NOAA. That agency, which is a part of ‘‘science should be left to the sci- President Trump has nominated Wilbur the Department of Commerce, impacts entists.’’ I urge his fellow Cabinet Ross, Jr., a 79-year-old private-equity the daily lives of every single Amer- nominees to follow suit. Don’t do what billionaire with extensive holdings and ican. NOAA provides the satellite data we have seen—the intimidation tech- extensive potential conflicts of inter- that is critical to observing hurricanes niques of saying that you can’t use the est. I have real questions about wheth- and severe weather and everyday fore- term ‘‘climate change’’ or ‘‘sea level er Mr. Ross is out of touch with ordi- casts that we have now come to rely rise.’’ Let the scientists do their work. nary Americans. And I have real ques- on, that we pull up on our smartphones Wilbur Ross also assured me that he tions about whether Mr. Ross’s per- to find out what the weather is going would work collaboratively ‘‘to address sonal interests will conflict with his to be. Where do you think that comes the impacts of changes in sea level and job as Commerce Secretary, if he is from? A lot of it comes from data from ocean temperatures on coastal commu- confirmed. NOAA satellites. nities and fisheries.’’ The Commerce Secretary enforces Through the National Weather Serv- So I want to say to the Senate that our trade laws, including against major ice, NOAA provides the weather fore- I appreciate Wilbur Ross’s candor, his trade competitors like China. Last casts that drive this economy, answer- commitment, and his recognition that year, Mr. Ross told Bloomberg TV that ing questions like whether a farmer’s the important weather and climate he had extensive holdings in China. Mr. crops are going to get rain today or work being done in NOAA directly ben- Ross said, ‘‘We have—various portfolio

VerDate Sep 11 2014 03:07 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.026 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1436 CONGRESSIONAL RECORD — SENATE February 27, 2017 companies have almost 20 factories Liu: I think it’d be really hard to find, to we help our neighbors through our doing one thing or another over there.’’ pinpoint down to individuals, right? churches and other local organizations. And the New York Times reported that Ross: Well there’s never been a case that I We help feed our hometowns. As a Mr. Ross is vice chairman of the Bank know of where someone was dispossessed country, we lead the world in providing who didn’t have a mortgage and wasn’t in de- of Cyprus, making him a de facto busi- fault. food aid to millions of people who are ness partner with Viktor F. Liu: What do you mean? in need of that assistance. Vekselberg, one of Russia’s most Ross: Well all these claims that there was In 1983, at a signing of a World Food prominent businesspeople and a person robo signing and all these imperfections, Day proclamation, President Reagan with ties to the Kremlin. Several news- that’s true. Those were not what should be. cited 450 million people in developing papers have reported that Mr. Ross But the real question is was anyone actually countries who were undernourished. plans to keep millions of dollars in- dispossessed wrongly. Our global population has risen by 3 Liu: Of their property. vested in offshore entities whose values billion people since that time, and Ross: Yeah, incorrectly. And I don’t think today there are nearly 800 million un- could be affected by policies that he you find a single case. dernourished people in the world who implements as Commerce Secretary. The Commerce Secretary oversees Mr. Ross reported plans to hold on to do not have enough food to lead the NOAA and the National Weather healthy, normal lives. investments in an oil-tanker company Service. But in a conversation with and 10 other entities that invest in While strides are being made in the Fox Business’s Neil Cavuto, Mr. Ross fight against food insecurity, it is clear shipping and real estate financing, ac- was dismissive of the reality of climate cording to Federal financial-disclosure that our commitment cannot waiver, change. Mr. Ross said: ‘‘Well, I think and ending hunger must remain a pri- and ethics filings cited in the reports. unless the weatherman can tell me if it I have questions about Mr. Ross’s ority. will rain tomorrow why would I believe At that same White House ceremony, ability to work for Americans. Start- you can make a 100 year forecast. So, President Reagan chided the Soviet ing in the 1990s, Mr. Ross ran an invest- I’m skeptical about the underlying Union for failing to provide humani- ment firm that specialized in dis- basis.’’ tarian relief to those in need. President tressed assets. The Securities and Ex- And so President Trump has nomi- Reagan offered a direct challenge to change Commission said that Mr. nated to be Commerce Secretary a per- the Kremlin to explain why the Soviet Ross’s firm had failed to disclose how son who has so much wealth and so Union only provided weapons but not it calculates its fees for some funds, many foreign interests that it appears food assistance to the underdeveloped which led to investors to pay roughly that it will be difficult for him to work world. $10.4 million of management fees that in the interests of middle-class Ameri- While the threats in the world today they should not have in the decade cans. His extensive foreign business in- are different than those faced during leading up to 2011. terests call into question his ability to the Cold War, American food assistance The Commerce Secretary is a part of fight to enforce America’s trade laws. remains a powerful foreign policy tool. the President’s economic team; yet Mr. Mr. Ross has expressed cavalier atti- American food aid elevates our coun- Ross appears all too willing to play tudes toward economic brinksmanship try’s moral standing and leadership in fast and loose with fiscal showdowns. and shown little concern for the people the world, as realized by President When, in April 2011, Bloomberg’s Mark laid off or who lose their homes as a re- Reagan, but our efforts to reduce food Crumpton asked Mr. Ross whether sult. And Mr. Ross has expressed an insecurity also serve our own national S&P’s downgrade of America’s credit open skepticism toward the reality of interests by promoting political, eco- rating is ‘‘a step in the right direc- climate change that calls into question nomic, and social stability in the tion,’’ Mr. Ross said it was. Ross said: his ability to run the agency that does world. ‘‘Well I think it’s a step in the right di- research into global climate. For these Food-related hardships and hunger— rection in that it will put pressure on reasons, I cannot support his nomina- either due to price increases or food the Democrats in the Senate and on tion. shortages—act as a catalyst for pro- the President to go along with some of The PRESIDING OFFICER. The Sen- tests and armed conflicts. We have wit- the Republican reviews about really ator from Kansas. nessed regions of the world that are cutting the budget deficit and ulti- Mr. MORAN. Mr. President, I ask critical to America’s strategic inter- mately cutting the total indebtedness unanimous consent to speak as in ests descend into chaos due to people of the United States. So in that limited morning business. not having access to affordable food. sense I think it is a step in the right di- The PRESIDING OFFICER. Without From 2007 to 2011, spikes in global rection.’’ objection, it is so ordered. food prices led to increased food inse- Mr. Ross was all too quick to dismiss curity and unrest in the world. In the ENDING GLOBAL HUNGER the strain that a furlough put on Fed- Middle East and North Africa, food-re- eral Government workers. In October Mr. MORAN. Mr. President, I am lated challenges were one of the major 2013, CNBC’s Betty Liu had this ex- here on the floor tonight to speak drivers of the mass uprising that we change with Mr. Ross: about our Nation’s efforts to end global call the Arab Spring. hunger. It is an undertaking that Ross: I think shutting down the govern- In Syria, Islamic State rebels use the ment—so-called shutting down the govern- countless individuals, foundations, and promise of food and basic necessities to ment, which it’s not really shut down— government agencies have devoted a recruit soldiers. Food shortages have Liu: What do you mean? significant amount of time, resources, led refugees to leave camps and return Ross: Well, many parts of it are still quite and effort attempting to solve. to an active war zone in search of food open. And it’s just at the fringe that it—that Those who have dedicated their lives for themselves and their families. it really matters. to feeding the hungry deserve our deep- Closer to home, food prices contrib- Liu: Yeah, but tell that to the government est gratitude and respect. They made uted to rioting in Haiti in 2007 and 2008. workers though who are furloughed, right? the decision to improve the lives of Ross: Yeah, but they’re going to get their As food prices increased and economic pay. They know they’ll get their back pay. others less fortunate than themselves, conditions deteriorated, U.S. Coast So I don’t see that that’s a permanent dam- and they often have done that at their Guard interceptions of people from age. own loss of comfort and their own well- Haiti attempting to immigrate to our Mr. Ross was all too quick to dismiss being. There is no nobler a calling than country rose by 20 percent, straining the pain of homeowners who lost their trying to do something for someone Coast Guard resources. homes in the financial crisis. else, especially when it costs you some- The National Intelligence Council Bloomberg TV’s Betty Liu had this ex- thing as well. warns that a continuation of the funda- change with Mr. Ross: Regardless of our faith, our creed, or mental contributors to food insecu- our religion, almost all of us are rity—such as expanding populations, Ross: I think you have to look far and wide to find a home owner who’s an actual victim. taught early in life that it is our duty slowing of agricultural yields, and gaps These are all theoretical things. They’re to help those in need. Americans con- in infrastructure and distribution sys- mostly technical problems that the banks sistently have taken that moral re- tems—will result in increased food in- did wrong. To the best of my knowledge— sponsibility to heart. As individuals, security, hunger, and instability in the

VerDate Sep 11 2014 04:08 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.023 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 27, 2017 CONGRESSIONAL RECORD — SENATE S1437 Middle East, Africa, and South Asia people feed themselves throughout the today ought to seek to carry on Sen- over the next 10 years without greater, world. ator Dole’s legacy. I would encourage greater intervention by the United It is a turbulent world stricken with my colleagues to join me and others as States and others. conflict, and sometimes the hunger and we work to put the Senate Hunger Cau- In America, we take our food system problem seem so great that it would be cus together, to enhance its ability to for granted. Americans spend less than easy just to walk away and say it is too address the issues that we face in the 10 percent of our disposable income on big of a problem to solve. But certainly real world to fight hunger. food. Even though less than 2 percent we have the ability. I am committed to reengaging these of our country is directly engaged in We have the means to feed one per- efforts. Along with the other caucus farming, Americans have direct access son. If we can feed one, why not two? cochairs—Senators BOOZMAN, CASEY, to the safest, most affordable, and And if we can all feed two, why not DURBIN, and BROWN—I would extend an highest quality food in the world. three? invitation to each of my colleagues to I am proud of the wheat farmers and We can’t simply look at this chal- join that caucus so that we can take the ranchers in my home State of Kan- lenge as being too big to overcome and the small step of fighting hunger by be- sas. Agriculture production is a noble that the world will always have hungry coming more knowledgeable, more calling. Feeding the world is important people and then just say: We have no aware and engaging in the moral and and a meaningful way to spend one’s responsibility to respond. strategic battle to end hunger around life, and Kansas families have done it Food aid provided by the U.S. reduces the globe. for generations. despair and increases stability. My I yield the floor. Our country’s food system at home is point is that it has a moral component. The PRESIDING OFFICER. The Sen- critical to our own security and well- It is the right thing to do, but it is also ator from Illinois. being, and helping other countries beneficial to our own Nation, providing Mr. DURBIN. Mr. President, let me achieve food security and stability stability around the globe and increas- start by commending my colleague serves our national interests as well. ing our own national security. from Kansas. It is an honor to join him Utilizing U.S.-grown commodities in The importance of these issues moti- in this Senate Hunger Caucus effort. food aid programs also benefits Amer- vated me when I was in the House to He does it in the tradition of Senator ican farmers and ranchers by creating chair the House Hunger Caucus, and Bob Dole of Kansas. Along with George export markets for our agricultural now I cochair the Senate Hunger Cau- McGovern, they were two of the most products, sometimes reducing an ex- cus. I can’t remember what year it was, unlikely political allies. They really cess of supply. but I had a midlife crisis. I have prob- dedicated a large part of their public Almost 10 percent of exports of the ably had several since then. But my lives to fighting hunger. hard red winter wheat grown in Kansas thoughts were at that point in time, I am happy to join him in the mem- in 2016 was utilized by international back in my House days, that at least ory of Paul Simon, who did the same food programs, representing a signifi- then I thought of myself as a pretty for the State of Illinois. So I am look- cant market share for wheat grown in good Member of Congress. I answered ing forward to joining the Senator in our State. Today’s low commodity the mail. I met with constituents. I this effort. I hope the Senator doesn’t prices only serve to highlight the need visited my State on a weekend-by- have to suffer another midlife crisis in for ag export markets for producers. weekend basis. I had input. I did the the future. Let’s continue this in a A few months ago, I called on the things that a good Member of Congress good bipartisan spirit. U.S. Agency for International Develop- is supposed to do. I represented my I thank the Senator from Kansas. ment and the Department of Agri- constituents well. Mr. President, I have come to the culture to significantly increase the But we all can do something more floor repeatedly in recent months to amount of wheat in our global food aid than just be a good Member of Con- raise concerns about the Russian cyber programs. gress, and that was my conclusion. If act of war against our Nation, about Our country’s abundance of food im- there is an issue that we want to cham- Russia’s aggression elsewhere against parts a moral duty to provide humani- pion, if there is an issue on which we the West, this President’s disturbing tarian relief to those in need. We have want to make a difference, if there is a alliance with Russia, and the majority witnessed great unsettlement and mass moral cause we want to rise to the oc- party’s incredible silence on the Senate migration in the world due to political casion to support, hunger, particularly floor on these matters. instability and civil wars. The vast ma- for Congressman—now a Senator—from Well, I just spent several days vis- jority of people affected, including dis- Kansas, ought to be a place I put my iting our allies in Eastern Europe—no- placed refugees whose lives were up- stake in the ground and go to work. tably Poland, Lithuania, and Ukraine— rooted and whose ability to feed them- I suppose I have taken a few months and return even more concerned. selves was taken away, are suffering off of this issue—and maybe I am hav- You see, regardless of the partisan through no fault of their own. ing another midlife crisis—but it is leanings of who is in government in In other parts of the world, people time for me to reengage and to engage these nations, the concern is the same. are born into such poverty that simply effectively as best I can to see that we Is the United States, history’s cham- finding sufficient food is a daily chal- live up to a moral commitment that pion of democracy and collective secu- lenge. Reading recent articles, the also benefits our own country. rity in Europe, backing away from question has often been: Where am I So I now cochair the Senate Hunger these values and commitments just as going to find food to feed my family? Caucus. I have since I came to the Sen- Russia is more aggressively chal- People in Cambodia indicate they ate. I serve with a number of my col- lenging them? have no idea. It is a day-to-day, mo- leagues, including the one who is on Is the American President really ment-to-moment, meal-to-meal experi- the floor tonight, the Senator from Illi- using phrases like ‘‘enemy of the peo- ence. Even if that food is available, it nois. I ask my colleagues to join us in ple’’ to describe a free press—a term is often not accessible to people with- the effort to meet the needs of a hun- used by Soviet dictator Joseph Stalin, out the means to pay for it. gry world, to take the step to see that that was so ominous that Soviet Pre- Many of these people—weary, deso- one more person is fed, one more fam- mier Nikita Khrushchev later de- late, and hungry—survive only because ily has less insecurity, one more moth- manded the Communist Party halt its of the generosity of the American peo- er or father no longer worries about use because it ‘‘eliminated the possi- ple. Those hungry and less fortunate whether their children are going to go bility of any kind of ideological fight’’? depend on a nation with moral to bed hungry. Are the Trump administration’s bi- strength and clarity to give them a Former Kansas Senator Bob Dole has zarre blinders to Vladimir Putin’s ag- helping hand. set many standards in the way that he gression and true nature—and the si- There is still more work to be done in led his life, which we should all aspire lence of too many of my Republican the fight against hunger, and America to meet, not the least of which is his colleagues on this danger—a harbinger ought to continue to rise to the chal- unwavering commitment to ending of some kind of Western retreat to the lenge of providing food and helping hunger. Those of us in this Senate Russians?

VerDate Sep 11 2014 03:07 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.032 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1438 CONGRESSIONAL RECORD — SENATE February 27, 2017 Well, I met with many of our dedi- Obviously, we need to get to the bot- to three capitals, which I consider to cated diplomatic and military per- tom of the Russia attacks on our elec- be timely and important visits: War- sonnel in the region who, as part of tion and if anyone in the Trump cam- saw, Poland; Vilnius, Lithuania, and ramped up reassurance efforts by the paign had inappropriate contact with Kiev, Ukraine. I have been to these cit- previous administration, are working the Russians. An independent commis- ies many times, and I have a particular to keep Putin in check. sion led by respected individuals such attachment to them. My mother was These included more than 100 U.S. as Sandra Day O’Connor or Colin Pow- born in Lithuania, and so returning military personnel working with their ell could lead such an effort. And we there, as I have for over 35 years, I Lithuanian counterparts about an hour need to see the President’s tax returns have seen a sweep of history as that outside of the capital in Rukla. These to clarify what his son said in 2008 re- small Baltic State has moved from a U.S. troops and their colleagues rotate garding Trump’s businesses seeing ‘‘a republic of the Soviet Union to a free out of Poland and throughout the Bal- lot of money pouring in from Russia.’’ and independent nation today. I am so tics to augment their NATO partners We need to pass the bipartisan Rus- proud of the courage of Lithuanians in deterring a Russian attack. sian sanctions bills pending in the Sen- that had brought them to this moment. Mr. President, the concerns about ate Foreign Relations Committee—one Going to Warsaw, Poland, is natural Russian aggression are legitimate and that tightens sanctions on Russia for for a Senator from Chicago. We have warrant serious attention. Let’s take a its actions here and abroad and one more Polish Americans in that city look at just recent Russian actions in that requires congressional approval and in our State than anyplace outside Europe. One day after President Trump before any sanctions on Russia are lift- of Poland. We are very proud of our spoke to Putin on the phone in late ed. Polish heritage. They are wonderful January, Russian-backed separatists And we need to make sure we include people. They are not only hard-work- increased their fighting in Ukraine— continued support to Ukraine and for ing, good Polish Americans, but they 1eading to the highest death toll in the European Reassurance Initiative in are also always thinking about their months. our next appropriations bills. own homeland, which was under the After Vice President PENCE tried to Mr. President, I remember as a young control of the Warsaw Pact, a Soviet- reassure allies at the Munich Security Congressman trying to get into Lith- inspired alliance, for decades, at the Conference the other week, Russia uania more than 25 years ago when it expense of their freedom. agreed to start accepting identification courageously tried to hold an election I also visited Kiev, Ukraine. That documents issued by the separatists in breaking free from the Soviet Union. capital has become well known to eastern Ukraine—one step closer to an- Those brave Lithuanians had little many of us since the invasion by Vladi- nexing the illegally seized territory. but their idealism and a few rifles to mir Putin, which is the point I would Putin is strong-arming Belarussian protect themselves from the Soviet like to make. President Lukashenko to allow Rus- tanks. The thing that ties these three coun- sian troops to remain based in Belarus But in the end they prevailed, and tries together, despite their differences following an upcoming significant mili- one by one, Eastern European nations in history, is the fact that if you ask tary exercise. Russia is putting more freed themselves from Communist tyr- each of these countries today to iden- and more sophisticated weapons into anny, a struggle Ukraine is still fight- tify the major external threat to their Kaliningrad, which when combined ing against Russia. existence and to their freedom, they with permanent troops in Belarus, will Today one can still visit the KGB would identify Vladimir Putin of Rus- significantly increase security threats museum in the capital of Lithuania—a sia. I found that in Warsaw, again in to the region. Russia just announced a hall of horrors that nobody should ever Vilnius, the capital of Lithuania, as referendum to rename land it illegally forget. One Lithuanian member of par- well as in Ukraine. seized by force in Georgia. liament I met, who remembers life not It was interesting—and Senator Putin is trying to stir unrest in only under the Soviets but also under JEANNE SHAHEEN joined me on my trip Kosovo where NATO is trying to main- the Nazis, recalled how his mother had to visit Poland—that as we met with tain stability after the horrific vio- survived 4 years in a Nazi concentra- the leaders of that nation, we heard re- lence of the Balkan war. He attempted tion camp. peatedly their concerns about Russian a coup in Montenegro. And Russia con- He emotionally said that he had al- aggression. It was something that was tinues its aggressive disinformation ways seen the United States as the critically important to them. They campaign and cyber attacks through- champion of freedom, democracy, and a were heartened by statements made by out Europe, trying to manipulate elec- Western global order. I could tell he Vice President PENCE at the Munich tions and sow instability and lack of was deeply worried about any back- conference about the future of the trust in democratic institutions. One sliding on that important role and any NATO alliance, but let’s put it in con- Polish expert summed all this up wise- possibility of returning to the darker text. The reason the Vice President ly, saying ‘‘if the United States does days in Europe. had to travel from Washington to Mu- not respond to the Russian attack on I don’t know exactly what Steve nich, Germany, to say to the Western its election, Putin will feel he has a Bannon is whispering in Trump’s ear world that was gathered there that the free hand to keep taking such desta- regarding his dark world view and in- NATO alliance was still strong was be- bilizing actions in the West.’’ I worry difference to the transatlantic Western cause the current President of the that is what is already happening. alliance, but this post World War II United States, Donald Trump, had So, what is the response to these ac- partnership has served American and tweeted that NATO was obsolete, and tions by this White House and the ma- global interests. The relationship has one of his followers, Steve Bannon of jority party—the party of Ronald brought stability to Europe after dec- Breitbart fame, had questioned wheth- Reagan who understood the Russians ades of horrific war. It has brought de- er we should be engaging in these kinds so well? mocracy and common markets and of alliances. So far, with the exception of a few served as a check against the Soviet Well, I think those alliances are crit- important voices, largely silence. Union and now Russia. ical. The NATO alliance has been one In fact, as I have mentioned here be- I am glad Vice President PENCE made of the most successful in history. So fore, since October when the first intel- some references to this at the Munich when Vice President PENCE went to ligence reports came out about the Security Conference, but those words Munich to assure our NATO allies that Russian attack on our election, not a will not be enough on their own. Quite we were still on their side, it was an single Republican has come to the floor simply, any sympathies in the White important message. to discuss this act of cyber war by a House with Russian efforts to under- I did find one other thing telling and former KGB official on our country. mine the transatlantic relationship are memorable about that trip to Warsaw. And our President, who has attacked outrageous and dangerous, and I will One of the Polish leaders said to me: hundreds by Twitter for even the most oppose them here in the Senate. We have read that the Russians in- benign perceived slight, has refused to To reiterate, Mr. President, during vaded your election. We are used to say anything negative about Putin. the Presidents Day break, I took a trip this. He called it the hybrid war. He

VerDate Sep 11 2014 03:07 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.025 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 27, 2017 CONGRESSIONAL RECORD — SENATE S1439 said: It isn’t just aggression by Rus- what Vladimir Putin has done to that Choices on the exchanges declined sians with military aggression, which country of Ukraine. They are strug- sharply for 2017 as insurer after insurer is scary enough, but it is a war of cyber gling now to get back on their feet. cut back on participation. Nearly one- aggression and a war of propaganda, They are making reforms that are un- third of U.S. counties have just one and clearly Vladimir Putin believed in popular but necessary. They are choice of insurer on their exchange for your last Presidential election that he strengthening their economy and at 2017. Meanwhile premiums on the ex- could use some of those same tactics the same time they are fighting a war. changes are soaring. Exchange pre- that he uses against Poland and the I left there with two resolves. One miums increased a staggering 25 per- Baltics in the United States. This lead- was to make sure we provide military cent on average for 2017. That is a 25- er in Poland then challenged me: What equipment necessary for Ukraine to be percent premium increase for just 1 are you going to do about that? Now successful to ward off this Russian ag- year. How many working families can that you know that Vladimir Putin has gression; No. 2, to continue to work afford a 25-percent increase in their invaded your election, now that your with them in terms of building their healthcare premiums for 1 year? intelligence agencies tell you that, will economy and reform; and, No. 3, that Things are even worse in some you do something? Will you take this we have a visible physical presence States. Seven States saw an average seriously? Will you investigate it? He with those NATO forces in the Baltic premium increase of more than 50 per- said: Our worry in Poland is, if you will States and in Poland. We have a great cent for 1 year. It is no surprise that not respond to Vladimir Putin’s inva- alliance in these countries. In Poland many people who have ObamaCare in- sion into your cyber space, what will the Illinois National Guard has been a surance have found they can’t afford to you do if he invades Poland? Will you longtime ally of the Polish forces, and actually use their plan. Well, Demo- stand by us as you promised in article we are very proud of that relationship. crats can talk about coverage all they 5? If you don’t take him seriously when When it came to Lithuania, we were want, but coverage doesn’t mean much he invades your sovereignty, will you able to see a group from Fort Carson in if you can’t afford to actually take ad- take it seriously when he invades ours? Colorado. It was a tank command. I vantage of it. It is an important question and a never saw prouder soldiers in my life— It is time to give the American peo- right question. I hope we take a lesson American soldiers anxious to show this ple some relief. Over the next few from it—not to take Vladimir Putin for Senator the Abrams M1 and the fight- weeks, Congress will continue with the granted, not to view him as a ing vehicles they were using preparing process of repealing and replacing superhero or great leader but to under- for the possibility of defending Lith- ObamaCare. Our priority is replacing stand that people around the world are uania and the Baltics. It was an inspir- ObamaCare with personalized, patient- watching to see how we react to this ing moment. centered healthcare that is affordable Russian invasion of our election. I made my statement part of the for every American. ObamaCare was In Lithuania, they face propaganda record, and I know the Senator from supposed to lower healthcare costs for on a daily basis. German troops under South Dakota is seeking the floor, but Americans, but it has spectacularly the flag of NATO are now in Lithuania I left there committed to the NATO al- failed to do so. Our reform efforts will making it clear that we are committed liance and committed to the effort to focus on keeping healthcare affordable, to the future and security of that na- stop the aggression of Vladimir Putin, including increasing competition, ex- tion. What did Vladimir Putin and the committed as well to come home to the panding innovation, and increasing Russian propagandists do as soon as United States and say to my colleagues flexibility. these German troops moved into Lith- in the Senate and House that we have ObamaCare has defaulted to a one- uania? They created an absolutely false to take it seriously when Vladimir size-fits-all solution when it comes to rumor that a German soldier had raped Putin tries to change the outcome of healthcare. That means that many a Lithuanian woman. It wasn’t true, an American election. It is a sad day in Americans have found themselves pay- but it was the kind of false information American history. I believe November ing for healthcare that they don’t need that they have spread in the hopes of 8, 2016, is a day that will live in cyber or want. undermining the confidence of Lith- infamy for what Vladimir Putin tried We need much more flexibility in in- uania and the NATO alliance. to do in the United States. For us to ig- surance plans. A thriving healthcare I met with the President of Lith- nore it, to sweep it under the table, to system would offer a wide variety of uania, Dalia Grybauskaite, and she is a hide it behind some committee door, choices that would allow Americans to very decisive leader. I thought of Mar- when no one knows what is going on in- pick a plan that is tailored to their garet Thatcher’s style when I met with side, is not the appropriate answer. We needs. We also need to give Americans President Grybauskaite. She is an need an independent, transparent in- the tools to better manage their ‘‘Iron Lady’’ in her own right to pro- vestigation of what the Russians did, a healthcare and to control costs. Along tect Lithuania and other Baltic States special prosecutor at the executive with keeping healthcare affordable, we from Russian aggression. level, and an independent commission are going to focus on restoring deci- The last trip we made was to like the 9/11 Commission, headed by no- sionmaking power to the American Ukraine, and Congressman MIKE table Americans like GEN Colin Powell people. QUIGLEY of Chicago joined me in that or Justice Sandra Day O’Connor, who ObamaCare has put Washington bu- visit. In that visit, we had a chance to will bring all the facts to light so we reaucrats in charge of healthcare deci- meet late at night, 9 o’clock at night know once and for all the truth of what sions that should be made by individ- with the President of Ukraine, Petro happened and make certain it never uals in consultation with their doctor. Poroshenko, who was kindly waiting happens again. We are going to move control away for us to get off the plane and come I yield the floor. from Washington and give it back to join him at his Presidential offices. The PRESIDING OFFICER (Mrs. individuals. We are also going to en- They are struggling even to this day. ERNST). The Senator from South Da- sure that States have the power to in- As President Trump is in conversation kota. novate and embrace healthcare solu- with President Putin about future rela- REPEALING AND REPLACING OBAMACARE tions that work for individuals and em- tionships, sadly, at that very same mo- Mr. THUNE. Madam President, 2 ployers in their States. ment, aggression by the Russians in weeks ago, major health insurer Our healthcare system wasn’t perfect Ukraine was growing. Over 10,000 peo- Humana announced its decision to before ObamaCare—nobody is denying ple have been injured or died now be- completely withdraw from ObamaCare that—but ObamaCare has just made cause of the Russian invasion of exchanges for 2018. The company deci- things worse. The American people are Ukraine. There is speculation, and I sion was not particularly surprising. ready for healthcare reform that actu- hope it is just that, that some back- Humana had already sharply reduced ally works, and that is exactly what room negotiations are underway to rec- its participation in the exchanges for Republicans are going to give them. ognize this Russian aggression in 2017, but the decision did confirm yet NOMINATION OF NEIL GORSUCH Ukraine. I sincerely hope that never again that President Obama’s Madam President, in addition to happens. We should never condone healthcare law is on its last legs. healthcare reform, another Republican

VerDate Sep 11 2014 04:08 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.034 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1440 CONGRESSIONAL RECORD — SENATE February 27, 2017 priority for this spring is confirming Well, that is a pretty significant trib- parency and trying to jam nominees Judge Neil Gorsuch to the Supreme ute. Again, those weren’t just conserv- through without making all of the rel- Court. The Judiciary Committee will atives speaking. evant information public and available. hold hearings on his confirmation be- Given Judge Gorsuch’s character, his They have not enjoyed a good few ginning March 20, and I am hopeful sterling record, and deep commitment weeks with these nominees. They have Judge Gorsuch will be confirmed not to impartiality and the rule of law, it gotten them through but with a lot of too long thereafter. President Trump is no surprise that his nomination has pain and a lot of public disconcert, and made an outstanding choice when he won support from liberals and conserv- here we have another example. chose Judge Gorsuch for the Supreme atives alike or that the American peo- We are getting to the end of the Cabi- Court. ple are liking what they see when it net nominees—a nominee with ties to Judge Gorsuch has a distinguished comes to Judge Gorsuch. Russia. There is a document that resume. He graduated with honors from Well-known Democratic pollster states what they are. As is so typical of Harvard Law School and received a Mark Penn recently noted that Judge this administration, which stonewalls doctorate from Oxford University Gorsuch is ‘‘off to an excellent start in and despises transparency, they do not where he was a Marshall Scholar. He his nomination process.’’ Unfortu- let the letter be freed and be made clerked for two Supreme Court Jus- nately, there are still far-left extrem- available until after the vote on a sen- tices, Byron White and Anthony Ken- ists who would like to see Democrats sitive issue and one that is important nedy, and he worked in both private in the Senate attempt to block Judge to national security—Russia and this practice and at the Justice Department Gorsuch’s confirmation, but I am hope- administration’s relationship to it. before being nominated to the Tenth ful that my colleagues will ignore This is another black mark on this Na- Circuit Court of Appeals, where he these voices for obstruction and, in- tion’s administration. served with distinction for the last 10 stead, listen to the many voices—lib- eral and conservative—that are high- I yield the floor. years. I suggest the absence of a quorum. He is widely regarded as a brilliant lighting just why Judge Gorsuch would and thoughtful jurist and a gifted writ- be an outstanding addition to the Su- The PRESIDING OFFICER. The er whose opinions are known for their preme Court. clerk will call the roll. clarity. Above all, however, he is I recently met with Judge Gorsuch, The senior assistant legislative clerk known for his impartiality, for his and I could not have been more im- proceeded to call the roll. commitment to following the law pressed. I look forward to hearing from Mr. THUNE. Madam President, I ask wherever it leads, whether he likes the him again at his confirmation hear- unanimous consent that the order for results or not. ‘‘A judge who likes ings, and I hope the Senate will act to the quorum call be rescinded. every outcome he reaches is very like- confirm him shortly thereafter. He is The PRESIDING OFFICER. Without ly a bad judge,’’ Judge Gorsuch has the kind of judge all of us should want objection, it is so ordered. on the Nation’s highest Court. said more than once. Why? Because a Mr. THUNE. Madam President, I ask judge who likes every outcome he I yield the floor. I suggest the absence of a quorum. for the yeas and nays. reaches is likely making decisions The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a based on something other than the law, clerk will call the roll. sufficient second? and that is a problem. The job of a The senior assistant legislative clerk There appears to be a sufficient sec- judge is to interpret the law, not write proceeded to call the roll. ond. it, to call the balls and strikes, not to Mr. SCHUMER. Madam President, I Under the previous order, all rewrite the rules of the game. ask unanimous consent that the order postcloture time has expired. Everyone’s rights are put in jeopardy for the quorum call be rescinded. The question is, Will the Senate ad- when judges step outside their role and The PRESIDING OFFICER. Without vise and consent to the Ross nomina- start changing the law to suit their objection, it is so ordered. personal opinions. Judge Gorsuch’s Mr. SCHUMER. Madam President, I tion? nomination has been met with acclaim rise to echo the concerns expressed by The clerk will call the roll. from conservatives, and it has also my colleague from Florida, BILL NEL- The senior assistant legislative clerk been met with acclaim from liberals. I SON, about the White House’s refusal to called the roll. think one of the biggest reasons for provide written testimony relevant to Mr. CORNYN. The following Senator that is because both groups know Mr. Ross’s nomination prior to the is necessarily absent: the Senator from Judge Gorsuch can be relied on to vote this evening. Georgia (Mr. ISAKSON). judge impartially. Mr. Ross was a key economic adviser The PRESIDING OFFICER (Mr. Here is what Neal Katyal, an Acting to the Trump campaign, and he has had DAINES). Are there any other Senators Solicitor General, had to say about business ties with the Bank of Cyprus, in the Chamber desiring to vote? Judge Gorsuch: ‘‘His years on the a bank with significant Russian inves- The result was announced—yeas 72, bench reveal a commitment to judicial tors. I understand that the Commerce, nays 27, as follows: independence—a record that should Science, and Transportation Com- give the American people confidence mittee, of which my friend from Flor- [Rollcall Vote No. 73 Ex.] that he will not compromise principle ida is the ranking member, sent a let- YEAS—72 to favor the president who appointed ter to Mr. Ross to get more informa- Alexander Ernst Murkowski him.’’ tion about those ties. That is a per- Barrasso Feinstein Nelson Bennet Fischer Paul The Colorado Springs Gazette re- fectly reasonable request, especially Blunt Flake Perdue cently highlighted a letter signed by 96 given the circumstances. This informa- Boozman Gardner Peters prominent Colorado lawyers and judges tion is particularly relevant to the Brown Graham Portman and sent to the senior Senator from Senate since, in recent days, questions Burr Grassley Risch Capito Hassan Roberts Colorado. Here is what those individ- about connections between the Trump Carper Hatch Rounds uals had to say about Judge Gorsuch in administration and Russia have pro- Casey Heitkamp Rubio that letter: liferated. Cassidy Heller Sasse Cochran Hoeven Schatz We hold a diverse set of political views as While Mr. Ross told my friend from Collins Inhofe Scott Republicans, Democrats, and Independents. Florida that there is nothing to worry Coons Johnson Shaheen Many of us have been critical of actions about, the White House is sitting on Corker Kaine Shelby taken by President Trump. Nonetheless, we Mr. Ross’s written response to Senator Cornyn Kennedy Strange all agree that Judge Gorsuch is exception- Cortez Masto King Sullivan NELSON’s letter. So the Senate will not ally well-qualified to join the Supreme Cotton Klobuchar Tester Court. We know Judge Gorsuch to be a per- get written answers to these important Crapo Lankford Thune questions before voting on this nomi- Cruz Lee Tillis son of utmost character. He is fair, decent, Daines McCain Toomey and honest, both as a judge and a person. His nation. Donnelly McCaskill Warner record shows that he believes strongly in the This is just another example of this Duckworth McConnell Wicker independence of the judiciary. administration’s abandoning trans- Enzi Moran Young

VerDate Sep 11 2014 03:07 Feb 28, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.035 S27FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 27, 2017 CONGRESSIONAL RECORD — SENATE S1441 NAYS—27 King Paul Sullivan companies, it is at the cost of Amer- Lankford Perdue Tester Baldwin Heinrich Reed ican jobs. He has been called fair and Lee Portman Thune Blumenthal Hirono Sanders Manchin Risch practical, but has also committed his Booker Leahy Schumer Tillis McCain Roberts Cantwell Manchin Stabenow Toomey career in business by expanding in low- McCaskill Rounds Cardin Markey Udall Udall McConnell Rubio cost countries like Mexico and China. Durbin Menendez Van Hollen Warner Moran Sasse The economic policies of this country Franken Merkley Warren Wicker Murkowski Scott Gillibrand Murphy Whitehouse Young cannot be built on representing the in- Murphy Shelby Harris Murray Wyden terests of rich investors, but must also Nelson Strange NOT VOTING—1 be creative in spurring job growth in NAYS—31 American communities where industry Isakson Baldwin Gillibrand Reed has disappeared. We can shape our The nomination was confirmed. Blumenthal Harris Sanders global trade policy in ways that benefit The PRESIDING OFFICER. The ma- Booker Hassan Schatz Brown Hirono Schumer the United States, without having to jority leader. Cantwell Klobuchar Shaheen do so under the assumption that the Mr. MCCONNELL. Colleagues, let me Cardin Leahy Stabenow Carper Markey United States needs to operate in isola- just say, this next vote will be the last Van Hollen tion in order to realize economic suc- Casey Menendez Warren vote of the evening. Duckworth Merkley Whitehouse cess. We can build industry at home, Mr. President, I move to reconsider Durbin Murray while partnering abroad in trade for Franken Peters the vote on the nomination, and I move our products. But it will take the com- to table the motion to reconsider. ANSWERED ‘‘PRESENT’’—1 mitment of the next Secretary to focus The PRESIDING OFFICER. The Wyden on our human capital as innovators question is on agreeing to the motion and not as mere cost considerations. to table. NOT VOTING—1 The motion was agreed to. Isakson Although America’s role in the glob- The PRESIDING OFFICER. On this al market is expanding, our closest f vote, the yeas are 67, the nays are 31. trade partner remains across our CLOTURE MOTION One Senator responded ‘‘present.’’ northern border. Each year, we export The motion is agreed to. hundreds of billions of dollars’ worth of The PRESIDING OFFICER. Pursuant f goods and services to Canada, making to rule XXII, the Chair lays before the it our largest export market in the Senate the pending cloture motion, EXECUTIVE CALENDAR world. Vermont is an active contrib- which the clerk will state. utor to this flow of commerce. Sup- The senior assistant legislative clerk The PRESIDING OFFICER. The porting initiatives that strengthen this read as follows: clerk will report the nomination. The legislative clerk read the nomi- partnership will benefit local busi- CLOTURE MOTION nation of RYAN ZINKE, of Montana, to nesses in Vermont and across the Na- We, the undersigned Senators, in accord- be Secretary of the Interior. tion. Mr. Ross wants to renegotiate the ance with the provisions of rule XXII of the North American Free Trade Agree- Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The ma- move to bring to a close debate on the nomi- jority leader. ment, and while we can debate the nation of RYAN ZINKE, of Montana, to be Sec- f merits of NAFTA, the talk of renegoti- retary of the Interior. ating this agreement without the part- Mitch McConnell, Roger F. Wicker, John MORNING BUSINESS nership of Mexico and Canada has Boozman, Orrin G. Hatch, Roy Blunt, Mr. MCCONNELL. Mr. President, I many Vermont businesses concerned Steve Daines, Tim Scott, Chuck Grass- ask unanimous consent that the Sen- about the implications for their future ley, John Hoeven, Michael B. Enzi, John Barrasso, John Thune, Mike ate be in a period of morning business, and for the Vermont jobs that depend Rounds, Mike Crapo, James M. Inhofe, with Senators permitted to speak on our export markets. Joni Ernst, John Cornyn. therein for up to 10 minutes each. We live in a global economy, and I The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Without work with Vermont businesses every imous consent, the mandatory quorum objection, it is so ordered. day who rely on importing goods and call has been waived. f materials in order to successfully cre- The question is, Is it the sense of the ate a final products that are a com- CONFIRMATION OF WILBUR ROSS Senate that debate on the nomination bination of U.S. and foreign made. This of RYAN ZINKE, of Montana, to be Sec- Mr. LEAHY. Mr. President, today Mr. is the reality for many businesses retary of the Interior shall be brought Ross joins the growing list of billion- today. I do not criticize the decisions a to a close? aires appointed by the Trump adminis- businessowner makes for the quality of The yeas and nays are mandatory tration. It is not their wealth that con- their product. But every large corpora- under the rule. cerns me, but their past conflicts with tion makes a choice between cheaper The clerk will call the roll. the agencies they are promoted to lead overseas labor and materials or invest- The legislative clerk called the roll. and support, providing guidance for ing in the workforce here at home for Mr. WYDEN (when his name was policy and for administration of the greater gains in the future. That is a called). Present. laws. It is for this reason I cannot sup- choice that Mr. Ross has made on sev- Mr. CORNYN. The following Senator port Mr. Ross today. eral occasions for the benefit of profits Every American has a stake in the is necessarily absent: the Senator from not workers. Georgia (Mr. ISAKSON). strength of our economy. We rely on The yeas and nays resulted—yeas 67, the Department of Commerce to facili- I have said it time and again, but nays 31, as follows: tate trade, investment, and innovation America thrives when our middle class [Rollcall Vote No. 74 Ex.] in a direction that ensures long-term is strong. As Secretary, Mr. Ross will be expected to represent the interests YEAS—67 benefits for Americans. Today while the wealthiest among us continue to of all Americans. I hope he takes this Alexander Cornyn Gardner Barrasso Cortez Masto Graham profit, middle class families are work- commitment seriously and works Bennet Cotton Grassley ing long hours to pay their bills and across party lines to create new indus- Blunt Crapo Hatch put food on their tables. The cost of try and opportunity that take root in Boozman Cruz Heinrich the very communities that suffer from Burr Daines Heitkamp living is outstripping their family Capito Donnelly Heller budgets, and we must get ahead of this lack of it. The Secretary of Commerce Cassidy Enzi Hoeven curve. cannot look at individuals as statistics Cochran Ernst Inhofe Mr. Ross has a background of buying of profit or loss, but must understand Collins Feinstein Johnson Coons Fischer Kaine fledging companies, and while he might the innovative spirit that brings oppor- Corker Flake Kennedy turn around the profit margins of those tunity where it may otherwise be lost.

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