E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, WEDNESDAY, NOVEMBER 1, 2017 No. 177 Senate The Senate met at 10 a.m. and was NEW YORK CITY TERROR ATTACK The President will sign another CRA called to order by the President pro Mr. MCCONNELL. Mr. President, yes- resolution today, one that will over- tempore (Mr. HATCH). terday’s attack in Manhattan was sick- turn a regulation that threatened to drive up costs for millions of Ameri- f ening, twisted, and heartbreaking. The suspect appears to have been inspired cans who carry a credit card. It is a PRAYER by ISIL. We know that in the days regulation dreamed up by a govern- ahead, our intelligence community will ment agency, the CFPB, that claims to The Chaplain, Dr. Barry C. Black, of- make every effort to learn more about protect consumers but seems to have fered the following prayer: him and whether he had any connec- found a way to actually harm them. Let us pray. tion to this terror group and its hateful The Treasury Department released a Eternal and ever-blessed God, thank ideology. But today we are thinking of study showing how this regulation has You for waking us to see the light of everyone affected by this tragedy. We little to do with consumer protection this new day. Lord, on this All Saints’ are praying for the victims and their and everything to do with lining the Day, we remember the unseen cloud of families. We are thinking of our fellow pockets of trial lawyers. This unac- witnesses that surrounds us. We are Americans in New York. We are ex- countable agency ignored that study grateful for all the saints who from pressing our gratitude for the critical and issued its regulation anyway. their labors rest but whose works fol- work of our first responders. To them We passed this Congressional Review low them. we say: Thank you for your courage. Act resolution to protect consumers We thank You for the many law- Thank you for all you do, especially in from wrongdoing while avoiding frivo- makers in our history whose integrity, the face of such a terrible tragedy like lous lawsuits that will only drive up creativity, and diligence have helped to we witnessed yesterday. costs for the millions of Americans keep us free. f who have a credit card. The CFPB con- Lord, we praise You for all of Your tinues to be one of the most unac- gifts, the glimpses of beauty, the CONGRESSIONAL REVIEW ACT countable bureaucracies in Wash- echoes of truth, and the kindness of RESOLUTION ington, and this Congress will continue friends. Thank You for all those who Mr. MCCONNELL. Mr. President, to stand up for consumers even when lived and died for freedom. Grant us in after 8 years of sluggish growth and the CFPB will not. our day and generation to live to honor missed opportunities for the middle f our noble heritage. class under 8 years of the Obama ad- And Lord, please remember all of ministration, the American people NOMINATION OF JOAN LARSEN those affected by the violence in New elected a new President and Congress Mr. MCCONNELL. Mr. President, yes- York. Bring a speedy recovery to the dedicated to getting our country mov- terday, when the Senate confirmed the injured. ing again after so many years of failed nomination of Professor Amy Barrett We pray in Your merciful Name. leftwing policies. We are working hard to the Seventh Circuit Court of Ap- Amen. on joint legislative initiatives on tax peals, we took another important step to ensure that the Federal judiciary f reform. We have also undertaken what has fulfills its role in our constitutional PLEDGE OF ALLEGIANCE been described as ‘‘the most ambitious system. Now we have an opportunity to regulatory rollback since Reagan.’’ The confirm another well-qualified woman The President pro tempore led the administration has the ability to take to the bench, Michigan Supreme Court Pledge of Allegiance, as follows: serious action on its own, and it has. Justice Joan Larsen. President Trump I pledge allegiance to the Flag of the The Congress has taken important ac- nominated her to serve on the Sixth United States of America, and to the Repub- tion many times as well. We have used Circuit, and she will be a strong addi- lic for which it stands, one nation under God, indivisible, with liberty and justice for all. the tools contained in the Congres- tion to that court and a benefit to our sional Review Act, which allows us to Nation. f overturn certain regulations with a After graduating first in her class majority vote in Congress and the from Northwestern’s law school, Jus- RECOGNITION OF THE MAJORITY President’s signature. The President tice Larsen served as a law clerk for LEADER signed all of the many CRA resolutions Judge David Sentelle of the DC Circuit The PRESIDING OFFICER (Mr. COT- we passed already, which overturned Court and then for Justice Antonin TON). The majority leader is recog- regulations that threatened everything Scalia. These clerkships honed Justice nized. from job creation to economic growth. Larsen’s legal abilities and respect for

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

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VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.000 S01NOPT1 S6938 CONGRESSIONAL RECORD — SENATE November 1, 2017 the rule of law, preparing her for a dis- mittee, tirelessly working to bring the York doesn’t scare easily. New Yorkers tinguished career. President’s nominees to the floor. are resilient. We always bounce back. Joan Larsen also served as the Dep- I look forward to voting to confirm We won’t let these terrorists get their uty Assistant Attorney General in the Joan Larsen today, and I urge all of my way or affect our way of life. We will Justice Department’s Office of Legal colleagues to join me. never let terror prevail. Counsel. Former government officials f True to form—something that made from both Republican and Democratic my heart swell with pride—the New administrations wrote in strong sup- RESERVATION OF LEADER TIME York City Halloween parade marched port of her nomination, each of them The PRESIDING OFFICER. Under on last night. Thousands of school kids holding her in the highest regard. the previous order, the leadership time went right into Stuyvesant today. The Joan Larsen later joined the law fac- is reserved. terrorists cannot stop us. They cannot ulty at the University of Michigan, change our way of life. We love New f teaching there for many years. She ex- York. We love America. That bond celled in academia, earning the praise CONCLUSION OF MORNING holds us together. of her students and the esteem of her BUSINESS ANTITERRORISM FUNDING colleagues. In fact, more than 30 of The PRESIDING OFFICER. Morning Now, I have seen the tweets from Michigan’s deans and law professors business is closed. President Trump. After September 11, wrote to support her nomination. They f the first thing President Bush did was wrote that Justice Larsen’s ‘‘commit- to invite Senator Clinton and me to ment to the rule of law and her capac- EXECUTIVE SESSION the White House, where he pledged to ity for top-flight legal analysis are do whatever was in his power to help both of the first order, and her personal our city. President Bush, in a moment integrity and decency are exceptional.’’ EXECUTIVE CALENDAR of national tragedy, understood the Even when they disagreed, her col- The PRESIDING OFFICER. Under meaning of his high office and sought leagues praised Justice Larsen’s gen- the previous order, the Senate will pro- to bring our country together. erous manner, her personal integrity, ceed to executive session and resume President Trump, where is your lead- as well as her legal acumen. consideration of the Larsen nomina- ership? In 2015, Larsen was appointed to the tion, which the clerk will report. The contrast between President Michigan Supreme Court. The next The senior assistant legislative clerk Bush’s actions after 9/11 and President year, she won election to a full term, read the nomination of Joan Louise Trump’s actions this morning could winning every single county in the Larsen, of Michigan, to be United not be starker. State. Her fellow justices—even those States Circuit Judge for the Sixth Cir- Again, President Trump, where is with different ideologies—praised her cuit. your leadership? intellect and her commitment to apply I would say in closing that I have al- RECOGNITION OF THE MINORITY LEADER the law as it is written to every case ways believed that immigration is good The PRESIDING OFFICER. The before them. for America. I believe it today. Joan Larsen’s time on the Michigan Democratic leader is recognized. President Trump, instead of politi- high court has shown a record of inde- NEW YORK CITY TERROR ATTACK cizing and dividing America, which he pendence and of fairness. Here is how Mr. SCHUMER. Mr. President, I rise always seems to do at times of national one practitioner put it in a letter to this morning with a heavy heart. My tragedy, should be bringing us together the Judiciary Committee: ‘‘I am not a city, my dear city of New York, no and focusing on the real solution—anti- Republican,’’ he wrote. ‘‘Justice Larsen stranger to terrorism, was once again terrorism funding, which he proposed approaches cases with an open mind its victim yesterday. to cut in his most recent budget. So I and an independence from party affili- Yesterday afternoon, a man delib- am calling on President Trump to re- ation. . . . I believe that . . . Justice erately drove a rented truck into scind his proposed cuts to this vital Larsen has had a very positive influ- groups of pedestrians and cyclists, kill- antiterrorism funding immediately. ence on the Michigan Supreme Court. ing eight and injuring about a dozen Our city relies on this funding to track In my view, she would be a deserving more. Some of the injured were school- potential terrorists and to snuff out at- addition to the Sixth Circuit Court of children. These people were biking or tacks. The NYPD, which bravely and Appeals.’’ walking home, enjoying a brisk and quickly responded to the scene yester- Another lawyer wrote the com- beautiful New York autumn day. It is day and brought the mayhem to an mittee, advising that he ‘‘has practiced tragic. It leaves a hole in your stom- end, depends on this antiterrorism law in Michigan for 39 years’’ and is ‘‘a ach. funding to keep our city safe day in past president of the Michigan Associa- Our hearts go out to the victims and and day out. So, again, I am calling on tion for Justice (formerly the Michigan their families, and we wish all of the the President to rescind his proposed Trial Lawyers Association).’’ He goes injured a full and speedy recovery. We cuts to this vital antiterrorism funding on to say that Justice Larsen ‘‘has are also grateful—deeply grateful—to immediately. demonstrated on the bench that she is the New York Police Department and Instead of dividing, instead of politi- precisely who she is in person, a gen- the first responders, especially Officer cizing, do something real, Mr. Presi- uine, thoughtful individual who re- Ryan Nash, 28 years old, who was the dent. Restore these funds now. spects precedent, the common law and first on the scene. He reacted quickly I yield the floor. the role that lawyers and judges play and decisively to bring down the The PRESIDING OFFICER. The Sen- in society. . . . I have no hesitation in attacker and bring him into custody. ator from Wyoming. telling you that Justice Larsen will Who knows how much worse the trag- Mr. BARRASSO. Mr. President, this make an excellent judge on the Sixth edy would have been without his ac- week the Senate is moving through a Circuit Court of Appeals.’’ tions. series of votes to fill vacancies in the In conclusion, President Trump con- As one of thousands of New Yorkers Federal appeals court. President tinues to nominate smart, well-quali- who regularly ride on the path where Trump has nominated highly qualified, fied, and impartial individuals to our this attack took place—in the last mainstream judges and legal scholars Nation’s Federal courts. Justice Lar- month, I have ridden on it twice—it to do these jobs. Now, Democrats have sen, like each of the other nominees be- hits close to home. My daughter went responded once again with delay and fore her, was nominated on the basis of to the school near the scene, with obstruction. It is clear to me that her belief in the rule of law and her Stuyvesant High School, and she used we need to change the rules in the Sen- commitment to apply the law fairly to the bike path I don’t know how many ate that govern how we debate nomina- everyone who enters her courtroom. times. This is our territory, our home. tions in this body. All year Democrats Once again, I would also like to The attacks are meant to confuse have been putting up roadblocks to thank Chairman CHUCK GRASSLEY for and terrorize, but, as the world learned nominations. They have forced the ma- his leadership on the Judiciary Com- after 9/11 and will learn again, New jority leader to file cloture so that

VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.002 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6939 then we can confirm nominees like They are only interested in slowing We need a fair debate on every nomi- these four judges. down the work of the Senate. So we nation. The procedure from 2013 and As of last Friday, Democrats have had a cloture vote on the nominee. It 2014, with fair debate on nominations, forced the Senate to file cloture 47 dif- was 1 of the 47 cloture votes that we is one that was fair. The way the ferent times when we have had to have talked about. We had to have a cloture Democrats are wasting time today to cloture votes on President Trump’s vote. Every Republican and 27 Demo- keep us from doing our work is not nominees. There were only six cloture crats voted for him. So he had bipar- fair. I believe it is time to return to the votes at this point for the previous four tisan support. We still had to allow all rules for debating nominees that the Presidents—five for Obama, none for of this wasted time for the debate. We Senate used 3 years ago. There will George W. Bush, one for Bill Clinton, couldn’t conduct any of the other busi- still be plenty of time for Senators to and none under the Presidency of ness of the Senate during the time be- debate the nominees, to raise objec- George Herbert Walker Bush. These are cause the Democrats insisted that we tions if there are any. Every Senator the kind of hoops that the Democrats use all of the debate time. Now, they could be on the record. There are just have been making the Senate jump could have very easily agreed to waive a lot of hours that we could avoid that through in an effort to confirm Presi- the rules, as we do, and go straight to are being wasted today that could be dent Trump’s nominees. a vote. We wanted to do that. The used to do the people’s business of this The procedure has been set in place Democrats refused. country. A President’s nominations of to allow for debate. Well, debate is a So how much of that time—those 30 qualified people to important jobs was good thing in the Senate, as long as de- hours—did the Democrats actually never meant to be a tool for delay in bate is actually occurring. It is a spend on the floor debating this per- the Senate or to be an obstruction the chance for Senators to stand up, to say son’s qualifications to be a Federal way the Democrats have been using it. what they like or what they don’t like judge? How many of those 30 hours did Now, these rules that we used in 2013 about a nominee. Now, if no one wants the Democrats use? None. How many and 2014 were the result of a com- to debate, we should just move things minutes did they use? None. Not one promise. Democrats controlled the along and have the vote. There is one Democrat came to the floor of the Sen- Senate at the time. A Democrat, Senate rule that allows for as much as ate to talk about that judge. Not a sin- Barack Obama, was in the White House 30 hours of debate time on Presidential gle Democrat even bothered to say a making the nominations, and Repub- nominations after we have actually word against his nomination. There licans agreed to make these changes to had the cloture vote. Now, in reality, were fewer than 20 minutes of total the rules. It was part of a bipartisan very little of that time that is spent on talk on the floor of the Senate. group, and I was part of that group. the Senate floor is actually being used Through hour after hour after hour of There were eight Senators. They for the debate. In the past, both sides ongoing time, there were fewer than 20 worked on this compromise—four Re- would agree to waive the time require- minutes spent actually talking about publicans and four Democrats. Senator ments and to move on to other Senate the judge, and it was all spent in praise MCCAIN and Senator ALEXANDER were business, which is what we need to do by the Republicans. We still had to run part of this group. Senator SCHUMER, to get the country continuing to move out the clock because that is the delay who is now the Democrat leader, was forward. But what is happening now is game the Democrats are playing in the part of this group. There was over- that Democrats are insisting on clo- Senate. The Senate had to waste hours whelming support for these changes on ture votes, and then they are insisting and hours when we could have finished both sides of the aisle. that we use hour after hour after hour, debating in less than 20 minutes. The It is time to do it again. Let’s change even when there is no one here to de- Democrats have done this same thing the Senate rules and go back to the bate what is the issue or the person in time after time after time, day after process that Senator SCHUMER sup- front of us. day, wasting day after day. ported in 2013 and 2014. Today, the It is time to end this pointless spec- Things take time in the Senate. We schedule allows us to do one or two tacle. The Senate used to be called the understand that. That is what the nominations in a typical week. If we go world’s greatest deliberative body. Founding Fathers had in mind when back to the 2014 standard, we could Democrats have turned it into the they formed the two bodies of Con- clear multiple nominations in a day. world’s most paralyzed deliberative gress, the House and the Senate. There The Republican Senate has been busy body. is no excuse, though, for Democrats this year, and we have made progress We have more than 125 nominees for abusing the process to make things on behalf of the American people. We various jobs who have had hearings in take even longer. Democrats aren’t have passed 15 resolutions rolling back committee, who have testified in com- using the rules for debate. They are not destructive, Obama-era regulations mittee, who have been voted on in com- using the rules for deliberation. It is using the Congressional Review Act mittee, who have cleared through the only for delay. It hasn’t always been and signed into law by the President. entire committee-vetting process and this way, and there is no reason it We passed a budget that will help give are now waiting for a vote on the Sen- should continue to be this way. Americans at home a raise by cutting ate floor—125 of them. Most of these The Senate had a different standard their taxes and giving us an oppor- people have bipartisan support. They for nominations a few years ago, and tunity to do the kind of tax relief, tax will be confirmed easily and eventu- that was in the 113th Congress. In years reform, tax reductions, tax cuts that ally. They should be confirmed imme- 2013 and 2014, the Senate allowed just 2 the American people are looking for. diately. There should be no reason for hours of debate after cloture was in- We need to do more. It is time for Democrats’ stalling tactics except, voked on nominations for district Democrats to stop abusing the rules once again, to slow down the pace of court judges. That is 2 hours more than just to delay the process. It is time to other progress in the Senate on legisla- the Democrats actually spent debating go back to the previous standard of de- tive issues. this judge’s nomination last week. The bating nominations. It is time to pick Mr. President, look at what happened rules said that we would have up to 8 up the pace and do the job the Amer- with one judge last week. It is a case hours to debate executive branch nomi- ican people expect us to do. you are very familiar with. Scott Palk nations below the Cabinet level. Then, Now, if Democrats have a different was nominated by President Trump to for Cabinet Secretaries, for Justices on approach and don’t want to accept the serve on the U.S. district court. He had the Supreme Court, and for circuit standard of debate that was set in the bipartisan support in the Judiciary courts, it was the full 30 hours of de- previous Congress, then I believe it is Committee. He went to the committee, bate. Thirty hours now is what we time for us to force that change. If had a hearing in the committee, and allow every nomination today, and Democrats maintain their lockstep op- with bipartisan support was voted out Democrats have shown that in most position to real progress on judicial va- of the committee. That was in June— cases it is far too much time because cancies and other nominees, we should more than 4 months ago. even though we have to spend all the give them a chance to vote on their Now, apparently that is not good time, they use very little of it talking continued obstruction. We can vote on enough for the Democrats—not at all. about the nominees. these nominees in a straightforward

VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.003 S01NOPT1 S6940 CONGRESSIONAL RECORD — SENATE November 1, 2017 and efficient way or we can vote to re- Party stripped language from their dent, the rule of law may be meaning- turn to the precedent of the 113th Con- platform that would have called for less, a facade or a fiction, but that is gress. That is the choice. Either way, it arming Ukraine against Russian ag- exactly why Congress must give the ju- is time to vote. gression. Ahead of the convention, dicial branch specific, enforceable Thank you. Manafort also offered to brief a Rus- power to stop the President from firing I yield the floor. sian billionaire on the state of the 2016 the special counsel. I suggest the absence of a quorum. race. The convention he helped orga- That is the purpose of legislation I The PRESIDING OFFICER. The nize became a venue for a meeting be- have introduced, along with colleagues. clerk will call the roll. tween Attorney General Sessions and I am here to call upon this body to sup- The senior assistant legislative clerk the Russian ambassador, after which port and pass the Special Counsel Inde- proceeded to call the roll. the Attorney General misled Congress, pendence Protection Act. Mr. BLUMENTHAL. Mr. President, I implying—indeed stating—that it I called for the special counsel to be ask unanimous consent that the order never took place. established in February of this year for the quorum call be rescinded. The Trump campaign also worked ex- and was joined by 10 of my colleagues The PRESIDING OFFICER. Without tensively with George Papadopoulos, a in that call. It was based on credible al- objection, it is so ordered. foreign adviser whose actions con- legations that the Trump team had RUSSIA INVESTIGATION stitute the most significant indication colluded with the Russian Government. Mr. BLUMENTHAL. Mr. President, of possible collusion—so far the most The Special Counsel Independence Pro- the magnitude of this moment should significant—between the Trump cam- tection Act, which I have cosponsored be apparent to all. A sitting U.S. Presi- paign and Russian officials. along with colleagues, seeks to fore- dent’s campaign chief and his protege Papadopoulos was named a foreign stall the kind of potential constitu- have been indicted for conspiring policy adviser in March 2016 and began tional crisis raised by the President’s against the United States. Another communicating with Russian nationals threats not so long ago and his labeling campaign adviser has pleaded guilty the next month. He met with a pro- the investigation a hoax and a witch for lying to the FBI about meetings fessor for breakfast in London. They hunt. with Russians. At those meetings, he discussed stolen emails from Hillary The Washington Post reported today illegally discussed obtaining dirt on Clinton and subsequently shuttled mes- that advisers close to the President are the President’s political opponent and sages to the Kremlin and back for the urging that, in fact, he take more ag- emails that had been stolen. Trump campaign. gressive action against the special Two points need to be underscored He worked with officials at the high- counsel. The specter of Presidential ac- for the American people. First, these est level of the Trump campaign. His tion against Robert Mueller, designed indictments and conviction are a sober, direct boss, in fact, was Jeff Sessions, to stop or stymie a virtually unavoid- shattering moment in American his- who was then the head of Trump’s na- able and necessary criminal investiga- tory. Second, all of us on both sides of tional security advisory committee, tion of the President himself, makes the aisle should come together to sup- and he is now, of course, the Attorney safeguarding the special counsel more port the work of the special counsel General. He communicated extensively urgent and necessary now than ever be- and assure that he is able to follow the with the campaign manager and mem- fore. facts and the law and all of the evi- bers of the national security team. Rather than encouraging Presi- dence, wherever they may lead. President Trump tweeted today that dential abuse of power by inaction, the This moment will stand as a land- he was a ‘‘young, low level volunteer,’’ Congress must move forward right mark in American history, just as but the President sang his praises at a away to check potential malfeasance many of the moments in Watergate meeting with the Washington Post edi- and abuse before it occurs. Even the did. This investigation has proceeded torial board in March 2016, calling him threat of such political interference more quickly than Watergate did. John an ‘‘energy and oil consultant, excel- constituting potential obstruction of Mitchell was indicted in 1974 for con- lent guy.’’ These revelations are stun- justice undermines the special coun- spiracy, perjury, and obstruction of ning. sel’s investigation. It makes witnesses justice. He was convicted a year later. Now the President is at a critical less likely to cooperate. It discourages That indictment took a year and a half juncture. He can choose the course of the agents and investigators working of investigation. These indictments cooperation or confrontation. He is lit- for the special counsel. It creates un- have occurred just 11 months after the erally teetering on the brink of a deci- necessary confusion in the American election and barely 6 months after the sion that could prove disastrous for public. Only judicial review can pro- beginning of the investigation. himself and for America if he chooses a vide the check against such abuse and We know that the President’s cam- constitutional confrontation. ensure confidence that the special paign hired two alleged criminals and We are at a moment very much like counsel will proceed methodically and one admitted criminal. Two of them the one that occurred in Watergate. It systematically to uphold the rule of were foreign agents, and the campaign is still memorable to many of us in this law and follow the facts in evidence, was run by a Russian agent, unregis- Chamber, although we were not here at wherever they may lead. That is what tered, now charged with conspiring the time. Our Nation could be careen- the American people want him to do. against the United States. He was sup- ing toward a constitutional crisis. That is what we should guarantee that ported by another Russian foreign Some of the actions the President has he will do. Make no mistake, this in- agent who was also charged with the already taken, such as firing Jim vestigation will continue and conclude same 12 criminal counts. These two in- Comey as FBI Director, may be evi- fairly and fully. The only question is dividuals, Paul Manafort and Rick dence of obstruction of justice in the how much turmoil and how much dam- Gates, were significant people in the investigation by the special counsel. As age is done in the course of that inves- Trump campaign. part of our oversight responsibility, tigation. In the case of Gates, his influence the Judiciary Committee must con- Clearly, like any investigation and continued through the early months of tinue its work in investigating that fir- prosecution, this one is a mosaic, con- the new administration. Manafort ran ing and other actions that may con- sisting of many different diverse pieces Trump’s campaign at its most critical stitute obstruction of justice. and already it is coming together on point, and he organized and directed Firing the special counsel himself is the Trump campaign’s contacts with the 2016 Republican National Com- something only the President could try Russian officials. They include, for ex- mittee convention, including the crit- to do. It would be the ultimate act of ample, campaign adviser ical delegate-corralling effort against a contempt for the rule of law that is Papadopoulos’s contacts with a Rus- potential ‘‘Never Trump’’ insurrection, rightly seen as the actions of someone sian agent who claimed he had ‘‘dirt’’ securing the Republican nomination who has something to hide. on Hillary Clinton; Donald Trump, Jr., for Donald Trump. At stake is more than just this Presi- and the campaign aides’ Trump Tower Under Manafort’s leadership of the dent or this special counsel. It is lit- meeting with Russian agents to obtain Trump campaign, the Republican erally the rule of law. To this Presi- information on Clinton; Jared

VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.005 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6941 Kushner’s meetings with sanctioned way to do so. I expect we will have a I yield the floor. VEB Russian bank CEO Sergey single bill in the very near future. The PRESIDING OFFICER. The Sen- Gorkov; Sessions’ meetings with the We should stand with one voice ator from Washington. Russian Ambassador; the Cambridge against obstruction of this investiga- Mrs. MURRAY. Mr. President, I ask Analytica CEO’s outreach to tion. I ask that my colleagues go on unanimous consent to speak as in WikiLeaks to obtain Hillary Clinton’s the record now to state that they will morning business. missing emails; and former National absolutely resist and oppose any inter- The PRESIDING OFFICER (Mr. SUL- Security Adviser Michael Flynn’s din- ference by the executive branch into LIVAN). Without objection, it is so or- ing with President Putin in Moscow. this investigation or investigations dered. Those pieces of the mosaic are only the that are underway by our congres- HEALTHCARE sional committees—on the House side, beginning. We are at a critical stage— Mrs. MURRAY. Mr. President, since the Intelligence Committee and, in the the end of the beginning, not the begin- day one, the President of the United Senate, the Judiciary Committee along ning of the end. States has made it clear that his top As a former prosecutor, I know inves- with our Intelligence Committee. The priority, when it comes to healthcare tigations take time. The best inves- congressional committees have sepa- in our country, is to score political tigations are done without deadlines. rate purposes. In the Judiciary Com- points by attacking ObamaCare. He has In an important case like this one, and mittee, we have the unique responsi- even said repeatedly that healthcare in in a complex and challenging one, we bility of oversight over the Department our country will ‘‘implode,’’ but this must allow all the time necessary to of Justice and the FBI. We have the was not just a prediction that Presi- assemble that full mosaic and put to- unique responsibility to prevent the dent Trump made, it was his goal, and gether the pieces of this puzzle. obstruction of justice and to uncover he has tried virtually everything he The Watergate scandal took 2 years it, as is indicated by the firing of Jim can do to make that implosion a re- to unravel, from Bob Woodward and Comey. My hope is that investigation ality. Carl Bernstein’s first piece in the will proceed and that it will be bipar- In January, he abruptly pulled fund- Washington Post in June of 1972 to Nix- tisan, so we will have hearings and sub- ing for outreach days before the end of on’s resignation in August of 1974. We poena witnesses with public testimony the 2017 open enrollment period with- are less than a year into the Trump under oath and eventually some report out any analysis of how that might af- Presidency and fewer than 10 months to the American people. That is my fect patients and families, and he into this investigation. hope, and that will be our decision signed executive orders specifically de- The first individuals to be indicted in here. the Watergate scandal were considered The decision we cannot and should signed to inject uncertainty and in- to be generally outside the President’s not make is what the outcome will be creased costs into the healthcare sys- inner circle. They were E. Howard of the special counsel investigation. We tem. Hunt, G. Gordon Liddy, and the Water- must guarantee—and we have this re- President Trump then dedicated the gate burglars in September of 1972. No sponsibility in the Congress—that spring and summer to attempting to one knew—and many denied—the con- there is adequate funding and author- jam partisan, extraordinarily destruc- spiracy that involved the President and ity for the special counsel, that there tive legislation through the House and his top lieutenants at the time of those is no effort to either cut resources or Senate to repeal the Affordable Care first indictments. In these cases, too— limit the purview of the special counsel Act, despite one independent analysis in these first indictments and convic- or place constraints on the time it may after another showing that each tion—a lot more is to come. take for this probe to conclude. There version of TrumpCare would cause pre- We cannot wait until the President should be no firing and no pardons, and miums to spike, take coverage away potentially shuts down his special we should speak out and stand up to as- from millions of people, rip protections counsel to come to his defense. Al- sure that message reaches the White away from patients with preexisting ready, the rule of law is under threat. House loud and clear. conditions, and gut Medicaid. On Sunday—the day before the indict- This moment is one of historic mag- This fall—after TrumpCare failed an- ments were handed down—the Presi- nitude. I cannot emphasize how strong- other time in the Senate—he slashed dent tweeted: ‘‘DO SOMETHING!’’ with ly I feel but also how deeply my col- by 90 percent the investments that help regard to the Russia investigation. Al- leagues have expressed to me their own inform families about their coverage though his reference was unclear ex- feelings about our responsibility in this options and followed through on his actly what he meant and whom the moment. year-long threat to discontinue pay- message was targeting, it certainly was The grand jury that is bringing these ments designed to lower out-of-pocket an indication that some kind of action indictments is an arm of the courts, costs for low-income enrollees. might be taken to thwart the inves- which should be independent of both This is a scenario that healthcare ex- tigation. the executive and legislative branches. perts said would cause mass consumer Any interference in this investiga- That independence gives the special confusion and anxiety, one that insur- tion will be a red line for me and for counsel some new measure of perma- ance companies planned for by shifting others in this Chamber. Let the Presi- nence and protection, but the Presi- that burden of uncertainty to patients dent hear that message loud and clear. dent can still try to fire the special and taxpayers in the form of higher There is a red line that cannot be counsel. He cannot fire the grand jury premiums and fewer options in State crossed. It is political interference or or the U.S. District Court judge who marketplaces. intrusion in the special counsel’s inves- impaneled the grand jury. Judicial re- Now, this is by no means the full list tigation, and it will be met with a view of any firing of the special coun- of ways President Trump has at- firestorm, I hope, on both sides of the sel, which is the core principle of our tempted his healthcare sabotage, but it aisle. My conversations with our col- measure—the Special Counsel Inde- does explain why we are here now. leagues on the other side of the aisle pendence Protection Act—would add a Today is the first day of the open en- indicate they would share our outrage highly significant protection to not rollment period for 2018, and as a direct and outcry if there is an effort to stop just deter misguided and deeply mis- result of this President’s actions, fami- and stymie this investigation or if taken actions, throwing our Nation lies are going to see higher premiums, there is any other kind of political in- into turmoil, but also assuring that more out-of-pocket costs, and fewer terference in it. confidence and trust remains with the coverage options. Many families will Senators GRAHAM, BOOKER, WHITE- special counsel, and he can follow facts have to change their coverage if they HOUSE, COONS, and I have cosponsored and the law with the full support of the want to avoid paying hundreds of dol- measures that will help protect the American people. The American people lars more in premiums. special counsel. There are two meas- can put their trust and faith in him At a time when we need to continue ures now, but they are so closely simi- and in our courts. We should assure to do more to bend the healthcare cost lar that they should be brought to- that we uphold that faith and trust. curve in the right direction, taxpayers gether, and conversations are under- Thank you. are being burdened with higher

VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.007 S01NOPT1 S6942 CONGRESSIONAL RECORD — SENATE November 1, 2017 healthcare costs to the Federal Gov- am going to continue doing everything tage of the health insurance open en- ernment—not because of any improve- I can to make that clear until Repub- rollment period, which begins today ment in quality or comprehensiveness, lican leaders finally listen to the pa- and runs through December 15. just because of the chaos this adminis- tients and families they serve. Every citizen deserves quality, af- tration has caused. Mr. President, while I am here today, fordable health insurance coverage to In fact, just last week, the Trump ad- I also want to take a few minutes to help them live healthy and productive ministration proposed a rule to double speak on another way that I believe lives. Access to healthcare is critical down on the sabotage in 2019 that President Trump and Republicans are to the freedom, dignity, and well-being would let insurers cover fewer services taking our country in a direction that of our citizens, and it also contributes in addition to raising costs. I have to is deeply harmful; that is, by stacking to a productive workforce and a thriv- say, I just truly never imagined that a our courts with extreme conservative ing economy. President of the United States would judges. I still remember meeting with a con- so openly and uncaringly root for the The Senate this week is going to vote stituent named Jo, about a year or two people of this country to be worse off. on four judicial nominees who each ago, who has a chronic health condi- But that is exactly what President have the far-rightwing seal of approval. tion. When she lost her job in 2009 and Trump is doing. It needs to be said, and Two are on President Trump’s short lost her health insurance with it, her it needs to be stopped. list for Supreme Court Justices, mean- condition deteriorated to the point What makes this even more frus- ing they would automatically vote to where she couldn’t work, and a down- trating is that a lot of it could have overturn Roe v. Wade. Unfortunately, ward spiral ensued. She lost her home. been stopped months ago if Republican their views on many things—LGBTQ She couldn’t get healthcare because leaders hadn’t insisted on trying to rights, sexual assault, criminal justice, she had no resources. Because of the help this administration carry out its and corporate interests—are just as Affordable Care Act’s Medicaid expan- partisan, wrecking-ball healthcare deeply troubling. One of the nominees sion, she was eventually able to get strategy. we are considering this week advocated healthcare, to get the surgery and Back in September, Chairman ALEX- for using electric shocks for criminal therapy she needed, and now she is ANDER and I were very near agreement punishment, and two—Amy Barrett working again. So healthcare is not on a bipartisan bill to stabilize and Stephanos Bibas—were nominated only for the benefit of the individual healthcare markets and protect fami- only after Republicans blocked the who receives it; it helps that individual lies from higher premiums and out-of- nominations of Myra Selby and Re- become a productive member of our pocket costs through regular order, becca Haywood—both who happen to be workforce. through a process that actually en- African-American women—to the re- Affordable, quality care is also criti- gaged over half the Senate. We were on spective benches. cally important to those who are work- the verge of reaching an agreement It is clear that as Republican leaders’ ing but may not otherwise be able to when Republican leaders froze our ne- list of legislative failures grows longer, afford health insurance even if em- gotiations. Why? In order to jam their effort to enact their agenda by ployed. It is something I have heard TrumpCare through the Senate one administrative action and by stacking often this year from citizens of my more time. the courts is only going to accelerate. State, as my Republican colleagues at- Let me repeat that. Republican lead- That might appeal to extreme conserv- tempted to pass TrumpCare legislation ers hit the pause button on a bipartisan atives—in fact, I am pretty sure it that would have led to higher process that could have lowered pre- does—but the truth is that whether it miums and stabilized markets, expos- healthcare costs for less care. is healthcare or infrastructure or At an emergency field hearing in ing our patients and families to the full taxes, most people across the country June that I held with Senator SHA- impact of President Trump’s sabotage. That is the bad news, but the good really want to see Congress working HEEN, we heard from a woman named news is that the legislation Chairman together. Enna from Exeter, NH. Enna, who is I am going to continue doing every- self-employed, said that prior to the ALEXANDER and I ultimately agreed on can and will still have an impact—not thing I can to speak out and fight back Affordable Care Act, her family was just a few years from now but in 2018— against extreme, harmful steps that unable to maintain insurance consist- if Republican leaders don’t stand in the are being taken by this administration ently. Even when she did have it, her way again. Our bill would, among other and allowed by Republican leaders here previous policy didn’t cover critical priorities, continue out-of-pocket cost in Congress and also to show there is a preventive care that she needed. As a reduction payments and make sure better way to get things done—by result of the ACA, Enna has been able that patients and families, not insur- working under regular order, across to purchase affordable health insurance ance companies, see the benefit of that the aisle, and putting people, not poli- through the marketplace in New certainty in the form of rebates next tics, first. That is what families right- Hampshire for herself and her family of year. The legislation Chairman ALEX- fully expect, and that is what we all four, giving them the peace of mind ANDER and I have proposed, with 12 should be focused on. that comes with having health insur- Democratic and 12 Republican cospon- Mr. President, I yield the floor. ance, while continuing to grow her own The PRESIDING OFFICER. The Sen- sors, would do a lot to help us get business. ator from New Hampshire. things back on track. It would tie Enna’s story is the story of so many President Trump’s hands on sabotage, NEW YORK CITY TERROR ATTACK people in New Hampshire, and it rep- and it would send a very powerful mes- Ms. HASSAN. Mr. President, I would resents why it is essential for people sage that elected officials in Congress like to start my remarks this morning across the country to take advantage can work together to get things done by offering my thoughts to the victims of this open enrollment period. when we focus on common ground rath- of yesterday’s horrendous act of terror From today through December 15, er than scoring political points. in New York City, my thanks to the Granite Staters and all Americans I would once again urge the majority first responders, and I would note the have an opportunity to sign up for a leader to allow our legislation to get a resiliency of the people of New York. healthcare plan at vote. It has the support of 60-plus Sen- Once again, they are going forward www.coveringnewhampshire.org or ators, and it is growing. The non- with their lives today, showing the www.healthcare.gov. It is also impor- partisan Congressional Budget Office world and anyone who would do us tant for people to take this oppor- has said that it provides billions in sav- harm that Americans stand together tunity to see what other plans are ings and would stabilize the markets and that we move forward regardless of available, to shop around and see this year and lower premiums in 2019. what our foes may try to do. whether other plans offer more savings And the President told Chairman HEALTHCARE than their current one does, and it is ALEXANDER that he supports this proc- Mr. President, I also rise today to en- critical to educate our friends and ess moving forward. courage Granite Staters—as my col- neighbors about these options, given There is no reason to wait. There is league from Washington did—and peo- the Trump administration’s attempts absolutely no excuse for inaction, and I ple across the country to take advan- to sabotage our Nation’s healthcare

VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.008 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6943 system. These sabotage attempts in- We are voting on lifetime appoint- firms in the United States. Justice clude the Department of Health and ments that require a commitment to Larsen spent 2 years as Deputy Assist- Human Services slashing the Afford- equal justice, objectivity, and sound ant Attorney General for the Office of able Care Act’s outreach and adver- judgment. I will continue to oppose ju- Legal Counsel, where she provided tising budgets ahead of open enroll- dicial nominees who do not live up to legal advice to the President and exec- ment, which provide key information those standards, and I urge my col- utive agencies on difficult issues of and resources for those who need to leagues to do the same. constitutional and statutory interpre- sign up for care. It is clear that the Mr. President, I yield the floor. tation. Trump administration doesn’t want The PRESIDING OFFICER. Under Justice Larsen has taught constitu- people to know they can enroll, but the previous order, there is now 30 min- tional law and criminal law at the Uni- that doesn’t change the fact that the utes of postcloture time remaining, versity of Michigan Law School since Affordable Care Act is the law of the equally divided between the two lead- 1998, where she has earned the respect land, people can still get covered, and ers or their designees, prior to a vote of faculty members and students alike. financial assistance is available for on confirmation of the Larsen nomina- She won the L. Hart Wright Award for many on the healthcare exchange. tion. Excellence in Teaching early in her We must end this sabotage and con- The Senator from Iowa. teaching career. In addition to her tinue to work together on efforts to Mr. GRASSLEY. Mr. President, it is teaching responsibilities, Justice Lar- lower costs and build on and improve my understanding that I have 25 min- sen ran Michigan’s clerkship program, the Affordable Care Act, and that is ex- utes. helping hundreds of students and alum- actly what I am focused on. The PRESIDING OFFICER. The Sen- ni pursue clerkships at the Federal and I was proud to join HELP Committee ator from Iowa is recognized. State levels. As an adjunct professor, leaders, Senators Alexander and Mur- Mr. GRASSLEY. Mr. President, I she continues to run the law school’s ray, to cosponsor bipartisan legislation would like to address the issue we are Moot Court Program. that would stabilize health insurance voting on in a few minutes. The Senate Her colleagues at the University of markets and lower costs for hard-work- will vote on the nomination of Michi- Michigan praised Justice Larsen and ing Americans. This bill includes a pro- gan Supreme Court Justice Joan Lar- wrote: vision that the New Hampshire Insur- sen to serve on the Sixth Circuit Court Even among the talented and ambitious ance Department could use to support of Appeals. lawyers at an elite law school, Joan stands its proposal to create a reinsurance Though she currently lives in Michi- out for her ability to make the penetrating pool to help reduce premiums in our gan, Justice Larsen was born in and insight that untangles some knotty problem of statutory interpretation or judiciary doc- State’s individual health insurance hails from my State of Iowa. In fact, market. This legislation proves it is trine. Especially distinctive, moreover, is she and I share the same alma mater, the rigor and even-handedness she brings to possible to work across party lines to the University of Northern Iowa, for her analysis. make progress in our healthcare sys- our bachelor’s degrees. I have also I will share one more example from tem. It is clear that it has the votes to learned, since meeting Justice Larsen, that letter because I think it addresses pass. We need Republican leadership to that her father was the longtime CEO some of my colleagues’ concerns, who bring it up for a vote. of the Lutheran Services in Iowa. He is It is up to all of us to come together are on the other side of the aisle, as to now retired, but during the time he and make sure that healthcare is truly her approach to the law. was the CEO, he was the very same per- Her colleagues wrote: available and affordable to all of our son with whom I often met for break- people and to encourage our fellow citi- For those of us who have found ourselves fast when he would come to Wash- on the opposite side of a debate with Joan zens to sign up for the care they need ington to tell us about the concerns of about a case, a statute, or some broader to help their families thrive. issue of constitutional history, she has dem- The enrollment period is a critical the Lutheran Services in Iowa. At that time, I never knew I might be speaking onstrated time and again that she is both a time for the health and well-being of gracious and intellectually honest partner in our citizens and for our productivity, in favor of his daughter. I didn’t even the collaborative project of figuring things as well, as a country. I encourage know of his daughter at that time. So out. What matters for Joan is not winning Granite Staters to take advantage of I am proud to see a fellow Iowan and but working out the right answer. this opportunity and receive the bene- such an eminently qualified nominee Now I bring emphasis to this last fits that come with affordable be nominated to the Sixth Circuit sentence. healthcare. Court of Appeals. Even when you disagree with her, it is im- Mr. President, I also want to take a For those who may not be familiar possible not to respect her and to take pleas- moment to address the continued ef- with her career and accomplishments, ure in the process of refining the issues actu- forts this week from President Trump a few minutes will give me an oppor- ally in dispute. and my Republican colleagues to push tunity to share them with you. I think In other words, as I see it, Justice through nominees who will truly re- you will find, as I have, that Justice Larsen is and will be a jurist who seeks shape our Federal judiciary. Larsen is particularly well suited to to find the right answer, never simply An independent and impartial judici- serve as a Federal appellate judge. one she prefers as a matter of policy. ary is critical to democracy and to our Justice Larsen has an outstanding We can already see from her time on march toward progress. Our Founders academic record, having received nu- the Michigan Supreme Court that Jus- established our court system to serve merous awards during her under- tice Larsen is a principled jurist with as an independent arbiter that would graduate and law school careers. Jus- an impressive legal acumen. She has protect the rights of all Americans and tice Larsen was a Presidential Scholar served with distinction on that court ensure equal justice under our laws. at the University of Northern Iowa and since she was appointed in 2015. It hap- Unfortunately, the nominees who have graduated with the highest honors. She pens that she was elected to the posi- been selected by the President and who graduated first in her class at the tion in 2016, in her own right, by a re- have been voted on throughout this Northwestern University Pritzker sounding majority, winning every year have been handpicked by far-right School of Law, where she won the Jus- county in Michigan. Colleagues on the groups to serve a conservative agenda. tice John Paul Stevens Award for Aca- court have praised her sharp legal anal- We have seen judicial nominees who demic Excellence and served as editor ysis, her clear and crisp writing, and, have not committed to upholding the of the Northwestern University Law most importantly, her work ethic. precedent of Roe v. Wade and pro- Review. Outside the courtroom, Justice Lar- tecting a woman’s right to make her She began her legal career as a clerk sen is actively involved in volunteer ef- own healthcare decisions and control for Judge Sentelle on the DC Circuit forts to serve disadvantaged children, her own destiny in doing so, nominees Court of Appeals and then clerked for and she works with Michigan’s vet- who have stood against basic rights Justice Scalia on the U.S. Supreme erans, drugs, sobriety, and mental and freedoms for LGBTQ Americans Court. Following her clerkships, Jus- health court programs. and who have opposed protections for tice Larsen joined the DC firm of Some of my colleagues have said workers’ rights. This is unacceptable. Sidley Austin, one of the largest law they will not support the nomination

VerDate Sep 11 2014 00:49 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.010 S01NOPT1 S6944 CONGRESSIONAL RECORD — SENATE November 1, 2017 because Justice Larsen was included on aisle complain about all of the money Carper Hatch Peters Cassidy Heitkamp Portman President Trump’s short list for the those groups were spending at that Cochran Heller Risch Supreme Court. Is there anything time. Collins Hoeven Roberts wrong with the President suggesting As I have said before, I expect that Corker Inhofe Rounds whom he is going to put on the Su- outside groups on the left and on the Cornyn Isakson Rubio Cotton Johnson Sasse preme Court if he is elected President? right want to have their voices heard Crapo Kennedy Scott If you look at her background, it in the nomination process. Isn’t that Cruz Lankford Shelby should be no surprise that she was in- something to do with what we call de- Daines Lee Stabenow Donnelly Manchin Strange cluded on that list. She is an accom- mocracy, representative government, Enzi McCain Sullivan plished legal academic, a mainstream freedom of speech, freedom of associa- Ernst McConnell Thune jurist, and is well respected on a bipar- tion? There is nothing wrong with that, Fischer Moran Tillis tisan basis throughout the legal com- whether it is done by the right or the Flake Murkowski Toomey Gardner Nelson Warner munity. left, but I take issue with complaints Graham Paul Wicker Because my colleagues have been from the other side that do not ac- Grassley Perdue Young concerned about everyone on that list, knowledge that all sides have interest NAYS—38 at her hearing, I asked Justice Larsen groups that are spending and engaging Baldwin Franken Murray when she learned that her name was on in the judicial nomination process. It Bennet Gillibrand Reed that list. She replied: ‘‘The date it was was completely appropriate for Justice Blumenthal Harris Sanders announced . . . it was a complete sur- Larsen not to wade in on the political Booker Hassan Schatz Brown Heinrich Schumer prise to me.’’ debate regarding those political ads. Cantwell Hirono I also asked her about judicial inde- Shaheen Her answers to those questions were Cardin Kaine Tester pendence and whether she could rule exactly what I would expect an inde- Casey King Udall Coons Klobuchar against the President who nominated Van Hollen pendent nominee to say, particularly if Cortez Masto Leahy Warren her. she wants to be independent of any Duckworth Markey Whitehouse She replied: President who appoints her when she is Durbin Merkley Wyden I would have no trouble ruling against the appointed to the bench. Feinstein Murphy President who appointed me or any successor Justice Larsen’s nomination is sup- NOT VOTING—2 President as well. Judicial independence ported by a broad and diverse coalition McCaskill Menendez means one thing, one very simple thing— of lawyers, judges, and academic col- The nomination was confirmed. At this point I want to emphasize— leagues. It is easy to see why, for she is The PRESIDING OFFICER. Under and that is putting the law above everything an accomplished and well-respected the previous order, the motion to re- else, the statutes passed by this body, and academic. She is a brilliant and inde- consider is considered made and laid the Constitution of the United States. So I pendent jurist. Her careful and well- upon the table and the President will would have absolutely no trouble, and, in- deed, that would be my duty. reasoned legal analysis puts her be immediately notified of the Senate’s squarely within the mainstream of action. Here is the most outrageous reason I legal thought. I urge my colleagues, in f have heard for voting against Justice a few minutes, to vote for her nomina- Larsen. This should surprise a lot of tion. CLOTURE MOTION people. Some in the minority have sug- I yield the floor. The PRESIDING OFFICER. Pursuant gested that she is somehow responsible I suggest the absence of a quorum. to rule XXII, the Chair lays before the for outside groups running ads that The PRESIDING OFFICER. The Senate the pending cloture motion, support her nomination in Michigan. clerk will call the roll. which the clerk will state. The claim that she is responsible for The bill clerk proceeded to call the The senior assistant legislative clerk the action of an outside group is ridicu- read as follows: roll. lous, and the allegation that these ads Mr. GRASSLEY. Mr. President, I ask CLOTURE MOTION are in some way a guarantee of how she unanimous consent that the order for We, the undersigned Senators, in accord- will rule in the future is the most ab- ance with the provisions of rule XXII of the the quorum call be rescinded. surd thing I have heard based upon her Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Without answers to my questions. move to bring to a close debate on the nomi- I find it interesting that my col- objection, it is so ordered. nation of Allison H. Eid, of Colorado, to be Mr. GRASSLEY. Mr. President, I United States Circuit Judge for the Tenth leagues who are complaining about Circuit. conservative groups do not seem to yield back all time. The PRESIDING OFFICER. All time Mitch McConnell, Steve Daines, Tom have the same concern for groups on Cotton, Pat Roberts, John Boozman, the left that are spending money in op- is yielded back. Mike Rounds, Patrick J. Toomey, John position to these nominees. One such The question is, Will the Senate ad- Barrasso, Cory Gardner, Richard Burr, group, Alliance for Justice, routinely vise and consent to the Larsen nomina- Thom Tillis, Roger F. Wicker, James issues reports and press releases on ju- tion? E. Risch, John Cornyn, Lamar Alex- dicial nominees. Oftentimes, these so- Mr. GRASSLEY. Mr. President, I ask ander, Dan Sullivan, Chuck Grassley. called reports put forward incendiary for the yeas and nays. The PRESIDING OFFICER. By unan- and false criticisms of these nominees. The PRESIDING OFFICER. Is there a imous consent, the mandatory quorum My colleagues even make the same in- sufficient second? call has been waived. cendiary attacks against the nominees There appears to be a sufficient sec- The question is, Is it the sense of the Senate that debate on the nomination as these outside groups do. In other ond. of Allison H. Eid, of Colorado, to be words, they use the same talking The clerk will call the roll. United States Circuit Judge for the points. I do not hear that my col- The bill clerk called the roll. Tenth Circuit, shall be brought to a leagues on the other side are up in Mr. DURBIN. I announce that the Senator from Missouri (Mrs. MCCAS- close? arms about their spending millions of The yeas and nays are mandatory KILL) and the Senator from New Jersey dollars to oppose nominees. under the rule. (Mr. MENENDEZ) are necessarily absent. Of course, some may remember that The clerk will call the roll. last year groups on the left coordinated The PRESIDING OFFICER (Mr. The senior assistant legislative clerk attacks on this Senator. I was followed LANKFORD). Are there any other Sen- called the roll. all over Iowa by these groups and their ators in the Chamber desiring to vote? Mr. DURBIN. I annouce that the Sen- members. They ran ads against me and The result was announced—yeas 60, ator from Missouri (Mrs. MCCASKILL) put up billboards that opposed my elec- nays 38, as follows: and the Senator from New Jersey (Mr. tion, and that had something to do [Rollcall Vote No. 257 Ex.] MENENDEZ) are necessarily absent. with the Supreme Court, as one might YEAS—60 The PRESIDING OFFICER (Mr. SUL- recall. I don’t remember hearing any of Alexander Blunt Burr LIVAN). Are there any other Senators in my colleagues on the other side of the Barrasso Boozman Capito the Chamber desiring to vote?

VerDate Sep 11 2014 04:30 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.012 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6945 The yeas and nays resulted—yeas 56, ics such as constitutional federalism popular wind, regardless of personal nays 42, as follows: and tort law, in addition to being a opinion. Whether considering the plain [Rollcall Vote No. 258 Ex.] clerk on the Supreme Court. She also meaning of a statute, discerning the YEA S—56 practiced commercial and appellate proper role of the courts, the legisla- Alexander Fischer Murkowski litigation at the Denver office of the tive branch, or the executive and its Barrasso Flake Paul national law firm Arnold and Porter. agencies, or evaluating the relation- Bennet Gardner Perdue She began her legal career as a clerk ships between the Federal Government Blunt Graham Portman to Judge Jerry E. Smith on the U.S. and the States, Justice Eid will side Boozman Grassley Risch Court of Appeals for the Fifth Circuit. with what the law says, and she will do Burr Hatch Roberts Capito Heitkamp Rounds Her law experience took her to the U.S. it in that commonsense, western way Cassidy Heller Rubio Supreme Court under Clarence Thom- that clearly and articulately tells the Cochran Hoeven Sasse as. Prior to attending law school, Jus- Collins Inhofe American people what the law is. Scott Corker Isakson tice Eid was a special assistant and I am privileged to know Justice Eid. Shelby Cornyn Johnson speechwriter for the U.S. Secretary of I have known her for a number of years Strange Cotton Kennedy Education, Bill Bennett. She received now from my days as a student at the Crapo Lankford Sullivan Cruz Lee Thune her law degree from the University of University of Colorado School of Law Daines Manchin Tillis Chicago Law School, where she was the and through her work in the State of Donnelly McCain Toomey articles editor of the Law Review. She Colorado at the time that I served in Enzi McConnell Wicker graduated with high honors and as a Ernst Moran Young the State legislature. She is an incred- member of the Order of the Coif. She ible human being with a delightful de- NAY S—42 received her degree in American stud- meanor that will suit the court well. Baldwin Gillibrand Peters ies from Stanford University, grad- Mr. President, I ask unanimous con- Blumenthal Harris Reed uating with distinction as a member of sent to have printed in the RECORD sev- Booker Hassan Sanders Brown Heinrich Schatz Phi Beta Kappa. eral letters in support of Justice Eid’s Cantwell Hirono Schumer What her resume clearly shows is nomination: a letter to Chairman Cardin Kaine Shaheen that whatever Justice Eid does, she GRASSLEY and Ranking Member FEIN- Carper King Stabenow does it at the highest level, with the Casey Klobuchar Tester STEIN from former law clerks of Justice Coons Leahy Udall best results. She has specialized knowl- Eid’s, as well as a letter from various Cortez Masto Markey Van Hollen edge of federalism, water law, and In- supporters in Colorado and one letter Duckworth Merkley Warner dian law, among other important areas from the Southern Ute Indian Tribe. Durbin Murphy Warren Feinstein Murray Whitehouse of the law. Indeed, the National Native There being no objection, the mate- Franken Nelson Wyden American Bar Association has even rial was ordered to be printed in the NOT VOTING—2 noted that she has ‘‘significantly more RECORD, as follows: experience with Indian law cases than McCaskill Menendez JULY 13, 2017. any other recent Circuit Court nomi- DEAR CHAIRMAN GRASSLEY AND RANKING The PRESIDING OFFICER. On this nee.’’ MEMBER FEINSTEIN: We are all of Justice vote, the yeas are 56, the nays are 42. We have had some pretty doggone Eid’s former law clerks (except those cur- The motion is agreed to. good circuit court nominees in the rently clerking for a federal judge and not f past, including Justice Neil Gorsuch, permitted to sign) since she began her tenure whose seat she will be filling on the on the Colorado Supreme Court in 2006, and EXECUTIVE CALENDAR we write to give our fullest support to her Tenth Circuit Court. These are con- The PRESIDING OFFICER. The nomination to be a judge on the United cepts that are critical to my home States Court of Appeals for the Tenth Cir- clerk will report the nomination. State of Colorado, and her expertise cuit. We come from a diverse set of geo- The senior assistant legislative clerk will prove to be invaluable to the graphic, economic, cultural, and political read the nomination of Allison H. Eid, Tenth Circuit Court, as well as to the backgrounds, yet we are united in our belief of Colorado, to be United States Cir- Nation and the people of this country. that Justice Eid is a jurist and a person of cuit Judge for the Tenth Circuit. But as impressive as her credentials the highest caliber and character. We have The PRESIDING OFFICER. The Sen- are, it is her demeanor and her ap- each learned so much from her. ator from Colorado. proach to the law that make her ideal- Justice Eid was raised by a single mother Mr. GARDNER. Mr. President, I rise in Spokane, Washington under challenging ly suited for the court. Justice Eid has circumstances, after her father abandoned today to add my voice and my strong been called a ‘‘mainstream, common- her family. Justice Eid began college at the support for the confirmation of Colo- sense Westerner.’’ She is also, as her University of Idaho, but with the support rado Supreme Court Justice Allison former law clerks have noted, ‘‘fiercely and encouragement of her mother and a pro- Eid as the next U.S. court of appeals independent,’’ and she will decide cases fessor there, Justice Eid transferred to Stan- judge for the Tenth Circuit Court, ‘‘as she believes the law requires.’’ At ford University where she graduated with which, of course, is housed in Denver, the same time, she seeks out different distinction and was a member of the Phi CO. viewpoints and wants to understand all Beta Kappa honor society. After Stanford, There is no doubt that Justice Eid is she served as a speechwriter to President sides of the issue she addresses. Ronald Reagan’s Secretary of Education, superbly qualified for this position. For That is the law professor I know from William Bennett, and then went on to attend the past decade, she has served Colo- my days at the University of Colorado the University of Chicago Law School, where rado as a justice on the supreme court. School of Law. I can say from that ex- she served as Articles Editor on the Law Re- In 2008, Justice Eid was overwhelm- perience that while Justice Eid has her view, graduated with High Honors, and was ingly retained by the people of Colo- perspectives on the law, she cares very elected Order of the Coif. Justice Eid began rado. We have a system where every deeply about robust debate and hearing her legal career as a law clerk for Judge decade the voters of Colorado vote to the views of others. And I know from Jerry Smith on the United States Court of retain or dismiss a judge, and every Appeals for the Fifth Circuit. She then my classmates who had Justice Eid as served as a law clerk to Justice Clarence time that has come before the people of their professor—those classmates Thomas on the United States Supreme Colorado, she has been overwhelmingly didn’t always agree with her perspec- Court. retained by the people of Colorado. tives, but Justice Eid was open to their In private practice at Arnold and Porter Prior to her appointment, Justice debate and hearing their views. She en- following her clerkships, Justice Eid prac- Eid represented the State of Colorado gaged them, and she was never biased ticed both commercial and appellate litiga- before the State federal courts as our against differing perspectives but al- tion for a variety of clients. She departed State solicitor general. She served as a ways applying the law as the law re- private practice and joined academia where tenured member of the faculty at the she became a tenured professor at the Uni- quired, not as opinions suited. versity of Colorado Law School, teaching University of Colorado Law School, I also know that ‘‘fiercely inde- Legislation, Constitutional Law, and Torts, where she taught courses in constitu- pendent’’ jurist whom her former and serving as the faculty clerkship advisor. tional law, legislation, torts, and she clerks spoke so highly of. Justice Eid During her time at the University of Colo- has published scholarly articles on top- will follow the law regardless of the rado, Justice Eid continued her service in

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.002 S01NOPT1 S6946 CONGRESSIONAL RECORD — SENATE November 1, 2017 the Colorado legal community as President We close by reflecting on our fond memo- breadth of experience. We also know her to of the Colorado Association of Corporate ries of our experiences as law clerks under be a compassionate and caring person, deeply Counsel. In 2005 she was appointed by Colo- Justice Eid, whether it was a lunch to cele- involved in the broader community and rado Attorney General John Suthers to serve brate a birthday, officiating numerous of our called to service, not only in her day job, but as the Solicitor General of Colorado. One weddings, or the annual holiday and summer through her extensive volunteerism toward year later, Governor Bill Owens appointed parties that she hosts. We all remember the the betterment of the profession. Through- Justice Eid to the Colorado Supreme Court genuine interest and support Justice Eid pro- out her tenure on the bench, she has hired where she has served for 11 years and was vided to us as people and new lawyers. We numerous diverse law clerks and continu- successfully retained by the voters of Colo- will never forget her heartfelt appreciation ously sought to ensure that the diverse rado on a statewide ballot. for our hard work and the care and time she voices of Coloradoans are heard, evincing a As law clerks we had the distinct privilege has taken to guide us through our clerkships very strong commitment to diversity and in- and opportunity to learn by observing Jus- and beyond. She has been an important and clusion. We are excited to see her bring her tice Eid throughout her decision making steady mentor in each of our lives. We urge spirit and skill set to the Tenth Circuit. process. We learned that she never fails to the Senate to take swift action on her nomi- We ask that Colorado’s Senators join to- provide her full attention and dedication to nation and are available to speak to any gether and support this very highly qualified each individual case, mastering the relevant member or their staff about Justice Eid and nominee from Colorado. We believe it is an facts and carefully analyzing the law, wheth- her qualifications to serve on the United exceptional moment to confirm Justice Eid er the text of a statute or the words of a con- States Court of Appeals for the Tenth Cir- as the first Colorado woman to serve on the tract. As Justice Eid is so fond of saying, she cuit. Tenth Circuit. ‘‘goes where the law takes her.’’ In other Sincerely, Respectfully, words, she treats each case individually Marie Williams, Clerk for Justice Eid, Sarah J. Auchterlonie, Franklin Azar, without any preconceived notion of desired 2006–07; Holly E. Sterrett, Clerk for Justice Naomi Beer, Michael Bender, Heath Briggs, outcome. Eid, 2006–07; Jared Butcher, Clerk for Justice Geraldine Brimmer, Scott Campbell, Richard As young lawyers, we took particular note Eid, 2007–08; Clark Smith, Clerk for Justice Cunningham, Stanton Dodge, Caleb Durling, of the respect that Justice Eid shows the Eid, 2008–09; Kate Field, Clerk for Justice Jacob Durling, John Echohawk, David Fine, parties and their attorneys both in her writ- Eid, 2009–10; Tim Zimmerman, Clerk for Jus- Jeremy Graves, Melissa Hart, Ellen Herzog, ten work product and during oral argument. tice Eid, 2010–11; Lee Fanyo, Clerk for Jus- Neal Katyal, Martin Katz, Robert Kaufman, We also observed her belief in the impor- tice Eid, 2011–12; Jon Gillam, Clerk for Jus- Kenzo Kawanabe, Kevin Kuhn. Liz Krupa, Bradley A. Levin, Cedric D. tance of respect and collegiality with her tice Eid, 2011–12; Jake Durling, Clerk for Jus- Logan, Monica Loseman, Victoria E. Lovato, colleagues, particularly during times of dis- tice Eid, 2012–13; Doug Marsh, Clerk for Jus- Rebecca Love Kourlis, Cynthia Mares, Mi- agreement. Her chambers are always open, tice Eid, 2013–14; Jamen Tyler, Clerk for Jus- chael E. McLachlan, Mary Mullarkey, Marc and she wants to hear different viewpoints tice Eid, 2014–15; Ben Fischer, Clerk for Jus- Musyl, Habib Nasrullah, Chris Neumann, (even ours), but she remains fiercely inde- tice Eid, 2014–15; Chris Chrisman, Clerk for Neil Oberfeld, Angelica Ochoa, Michael pendent, ultimately deciding cases as she be- Justice Eid, 2006–07; Catherine Bazile, Clerk O’Donnell, Michele On-ja Choe, Peter Ortego, lieves the law requires. And her opinions do for Justice Eid, 2007–08. David Palmer, Joseph A. Peters, Richard just that—in clean and succinct prose, time Katie Yarger, Clerk for Justice Eid, 2008– Petkun, John Posthumus. and again, Justice Eid resolves the dispute 09; Sara Rundell, Clerk for Justice Eid, 2009– James Prochnow, Lee Reichert, Harriet between the parties and announces a clear 10; Maranda Compton, Clerk for Justice Eid, McConnell Retford, Tom Sansonetti, Cliff rule of law that can be readily discerned by 2010–11; Trina Ruhland, Clerk for Justice Eid, Stricklin, Trent D. Tanner, Robert S. future litigants. Her majority opinions in 2010–11; Victoria Cisneros, Clerk for Justice Thompson, III, Lorenzo Trujillo, John Voor- particular are a testament to the care, dedi- Eid, 2011–12/2012–13; Kate Cahoy, Clerk for hees, John Wahl, Rebecca Watson, Dee cation, and consensus-building attitude she Justice Eid, 2012–13; Lidiana Rios, Clerk for Wisor, Jennifer Weddle, Kristin White, brings to her role as a Judge. Justice Eid, 2013–14; Ayesha Lewis, Clerk for Heather Whiteman Runs Him, Evan Wil- While serving as a Justice on the Colorado Justice Eid, 2013–14; Matt Mellema, Clerk for liams, David B. Wilson, Maureen Witt, David Supreme Court, Justice Eid has continued to Justice Eid, 2014–15; Emma Kaplan, Clerk for Yun, John Zakhem. teach at the University of Colorado. She also Justice Eid, 2015–16; Julie Hamilton, Clerk serves as the Chair of the Supreme Court for Justice Eid, 2016–17; Rob Rankin, Clerk SOUTHERN UTE INDIAN TRIBE, Water Court Committee, which works to for Justice Eid, 2016–17; Mairead Dolan, Clerk Ignacio, CO, July 21, 2017. identify rule and statutory changes to for Justice Eid, 2016–17. Re Support for Confirmation of Colorado Su- achieve efficiencies in water court cases, preme Court Justice Allison Eid to the while maintaining quality outcomes for all. JULY 27, 2017. Tenth Circuit Court of Appeals. Justice Eid was appointed by Chief Justice Re Support for the Confirmation of Justice DEAR CHAIRMAN GRASSLEY AND RANKING John Roberts to serve on the Federal Advi- Allison Eid to the Tenth Circuit Court of MEMBER FEINSTEIN: The Southern Ute Indian sory Committee on Appellate Rules—a pres- Appeals. Tribe is writing in support of the confirma- tigious appointment where she has served DEAR SENATORS BENNET AND GARDNER: As tion of Colorado Supreme Court Justice Alli- alongside federal judges, law professors, and members of the Colorado legal community, son Eid to the United States Court of Ap- lawyers to craft revisions to the Federal we are proud to support the nomination of peals for the Tenth Circuit. Justice Eid’s Rules of Appellate Procedure—and by Presi- Justice Allison Eid to serve as a Judge on considerable qualifications for this pres- dent George W. Bush to the Permanent Com- the Tenth Circuit Court of Appeals. We hold tigious appointment are not in question. As mittee for the Oliver Wendell Holmes Devise a diverse set of political views as Democrats, a Colorado Supreme Court Justice, Justice (an organization that writes the history of Republicans, and Independents. Our prac- Eid has demonstrated expertise in a broad the United States Supreme Court and spon- tices range from litigation, including both spectrum of legal matters including the field sors the Oliver Wendell Holmes Lecture). plaintiffs’ and defense work, to transactional of federal Indian law. Justice Eid’s judicial Justice Eid is active in her community and work to administrative law to child welfare record evidences her understanding of tribal church, and as the mother of two children, advocacy and from employment law to water sovereignty and other matters that are Justice Eid has also been involved in her rights and from government affairs to min- acutely important to the Tribe. Because children’s school over the years. In addition erals development, immigration, healthcare, these matters are often resolved in the Su- to her service on the Colorado Supreme law enforcement, environmental justice, fed- preme Court following a decision in a federal Court, these other responsibilities connect eral Indian law and civil rights. This incred- appellate circuit in the West, it is critical her to the Colorado community, specifically ibly diverse group of attorneys agrees on one that the judges on those circuit courts pos- the challenges and issues facing citizens of thing: we all agree that Justice Eid is excep- sess a working understanding of Indian law this State and will allow her to bring an im- tionally well qualified and should be con- issues. Because she is well-versed in the es- portant perspective and diverse set of experi- firmed. tablished principles of federal Indian law, as ences to the United States Court of Appeals We know Justice Eid to be a person of in- well as many other areas of the law, the for the Tenth Circuit. tegrity, professional competence, and judi- Tribe supports the nomination of Justice Her qualifications to serve are unparal- cial temperament. She has received the high- Eid. leled and speak for themselves. At each stage est possible ‘Well Qualified’ rating from the Sincerely, of her education and career Justice Eid has American Bar Association. Her private prac- CLEMENT J. FROST, excelled at the highest levels and has re- tice work, scholarship, law teaching, and Chairman. ceived praise, awards, and the utmost re- service as Colorado’s Solicitor General have Mr. GARDNER. Mr. President, I wish spect of her colleagues and those who have all demonstrated her superb abilities over to spend some time talking about a let- worked for her. This is in no small part due many years. Her service on the Colorado Su- ter dated July 27, 2017. This letter was to her incredible work ethic and her leader- preme Court has earned her a reputation as ship by example. And we as law clerks have an excellent jurist. Her strong work ethic is sent to me and my colleague, Senator carefully observed and learned from her si- renowned. She is a preeminent member of BENNET from Colorado. This letter was multaneous and unfaltering commitment to the legal profession, not only in Colorado, titled ‘‘Support for the Confirmation of both her family and her position on the Colo- but in the United States more broadly, with Justice Allison Eid to the Tenth Cir- rado Supreme Court. outstanding legal ability and exceptional cuit Court of Appeals,’’ which I have

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.022 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6947 submitted for the RECORD, but I want ocean acidification and ocean melting In 2015, the United States settled on to highlight some of the people who and sea level rise and all of that. a 3-percent discount rate to estimate have signed this letter because when it For the generations who will look the out-year costs of carbon pollution comes to the courts and nominations, I back at this, I have tried in these to society. Scott Pruitt jacked that up think it is very important that we lis- speeches to chronicle the political to a 7-percent discount rate so out-year ten to the voices of those people who tricks and bullying that have put Con- harms, injuries, and losses would count are closest to the court over which the gress—the Congress of the United for less. Mind you, our children and nominee may be presiding. It is also States—in tow to a massively con- grandchildren will still suffer the exact important that those who are closest flicted special interest, such that we same costs at 3 percent or at 7 percent. to a practicing lawyer provide their are incapacitated on this vital subject. It is just that present-day polluters— opinions of a lawyer who has been nom- The shamelessness of the fossil fuel in- Scott Pruitt’s masters—get a way-big inated for the bench who is not already dustry and the spinelessness of Con- discount. on the bench. gress under its sway will provide a long Pruitt’s second trick is only to count In the case of Justice Eid’s sup- lesson in modern-day corruption and the carbon pollution harm within our porters, there is an incredible list of political failure. borders. You might say: That is OK; we people from across the political spec- The Trump administration has been are Americans, after all. But it is trum—both sides of the aisle—sup- particularly loathsome, threatening worth taking a look at what this rule porting Justice Eid. Let me talk about the emissions standards for cars and does if all countries were to use it be- a few of Justice Eid’s supporters, be- trucks, pressing for the Keystone XL cause there is a trick hidden in the cause we will hear a lot of debate about tar sands pipeline, disbanding science middle of it. The fact is that we are groups who support or oppose Justice advisory committees, lifting the mora- harmed by other countries’ carbon Eid, but the people who know her the torium on Federal coal leasing, trying emissions, and they in turn are harmed best, the people who have practiced be- to expand offshore drilling, and open by our carbon emissions. On the flip fore her court, the people who have national marine monuments and sanc- side, we harm other countries with our worked with her over the many years tuaries to energy companies. The Envi- emissions, and they harm us with of public service that she has provided ronmental Protection Agency is work- theirs. don’t just fall on the Republican side of ing to eliminate rules on the leaking There is a total amount of global the aisle or the Democratic side of the and flaring of methane and has re- emissions, and there is a total amount aisle, the support she has gathered is scinded requirements for reporting of global harm. If you call the total from across the political spectrum. methane emissions. The President has global emissions X and the total global There is Michael Bender, former Col- announced his intention to withdraw harm Y, what happens when every orado Supreme Court justice; Justice the U.S. from the Paris climate agree- country follows the Pruitt method of Rebecca Love Kourlis, one of the most ment. only pricing local emissions and local respected jurists in Colorado, who One particular target of this cor- harms? served on the State supreme court and rupted administration is the Clean For purposes of illustration, let’s say is one of the most highly regarded jus- Power Plan, the 2015 EPA rule to re- there are three countries in the world, tices not only in Colorado but across duce carbon dioxide emissions from and each emits one-third of the total the country, quite frankly; Justice American powerplants—a rule that carbon pollution and suffers one-third Mary Mullarkey. Justice Mullarkey is many utilities and States supported. of the global harm from the collective no longer on the Colorado Supreme But it is the industry’s bottom-dwell- global emissions. If each country only Court, but she served as the chief jus- ers who have the President’s ear, and counts its own emissions and the tice of the Colorado Supreme Court. they want to undo even this flexible harms only to its own country, guess She was appointed by a Democratic framework for meeting emissions-re- what happens. All that cross-border Governor. She is someone who believes duction targets. harm never gets counted. It never gets Justice Eid would be an incredible ad- When EPA balanced the costs and counted. It disappears off the balance dition to the court. There is Neal benefits of the Clean Power Plan origi- sheet. It vanishes into this trick of cal- Katyal, a former Department of Jus- nally, it offset things, like between $14 culation. If you are the tool of the fos- tice civil servant for the Obama admin- billion and $34 billion in health bene- sil fuel industry, how rewarding it istration—a U.S. Solicitor General, in fits in the form of preventive illnesses must be to implement a trick that just fact. If we look at the other supporters and deaths, against the costs of indus- vanishes so much of the fossil fuel in- she has, we see that Melissa Hart, who try compliance. dustry’s harm to the world. has run for office as a Democratic can- The net benefits of the Clean Power In this hypothetical, how much harm didate, supports the nomination and Plan came out to between $26 billion simply vanishes? Two-thirds of it does. confirmation of Justice Allison Eid. and $45 billion every year. Two thirds of the harm simply van- As you can see, the Tenth Circuit has So with its official proposal to re- ishes, never to be accounted for—not in an incredible nominee before it whom I scind the Clean Power Plan, EPA ad- the real world. Nothing has changed in hope this body will soon confirm. I ministrator and fossil fuel operative the real world. In this three-country urge my colleagues to move quickly Scott Pruitt had to cook the books to hypothetical, the total emissions is during this cloture time so that we can wipe out this public benefit. Here is still X and the total harm is still Y. actually approve somebody who I know how he did it. There were two tricks. None of that has changed. This Pruitt will do an outstanding job. I urge their One derives from the fact that harms, trick of accounting just wiped two- support. I hope we will do our duty injuries, and losses caused by carbon thirds of the harm off the books. A under our Constitution to select those pollution can take place many years happy day for polluters, and a happy, people who will be guarding the Con- after the pollution is emitted. In finan- happy day for the polluters’ tool, for stitution and do it in a way that we cial matters, future costs and benefits there will no doubt be rewards for im- can all be proud of. That is why I sup- are balanced against present costs and plementing this trick. port Allison Eid. benefits, using what is called a dis- Those fossil fuel industry bottom- I yield the floor. count rate. It is more valuable to re- dwellers no doubt think that this is The PRESIDING OFFICER. The Sen- ceive $1 million now than $1 million 20 pretty cute and that this is pretty clev- ator from Rhode Island. years from now. That is the theory. er stuff, indeed. There are high-fives in CLIMATE CHANGE But even the George W. Bush admin- the corporate boardrooms that they Mr. WHITEHOUSE. Mr. President, I istration recognized for healthcare have a tool in office who will pull such come to the floor today for the 184th rulemaking that ‘‘[s]pecial ethical con- a trick of magical, vanishing carbon time to ask us to at least wake up to siderations arise when comparing bene- pollution harms. But the problem with our duty as a Congress to enact pru- fits and costs across generations,’’ and these crooked little schemes is that the dent policies to address the effects of they urged care about using a discount whole world is actually watching. Any- climate change. The Presiding Officer rate when a rule is expected to harm body can do the analysis that I just did is well aware of what Alaska faces from future generations. and show that this is nothing more

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.018 S01NOPT1 S6948 CONGRESSIONAL RECORD — SENATE November 1, 2017 than a trick, and sooner or later, con- field. You cannot just cook the books Stern, who has labored in these vine- sequences do come home to roost. and reduce the social cost of carbon. yards so many years, and ocean advo- Out in the real world, the Pacific Is- For one thing, the social cost of car- cate and Oceana board member Sam land nation of Kiribati is buying up bon analysis is too well established in Waterston. They were all great, but land in Fiji so it can evacuate its peo- the honest world. Courts have in- one phrase stood out. ple there when rising seas engulf its is- structed Federal agencies to factor the Sam Waterston called on us to tackle lands and eliminate the nation. It is on social cost of carbon into their regula- today’s ocean and environmental prob- its way to becoming a modern-day tions. States are using the social cost lems with what he called a ‘‘battle- Atlantis, lost forever to the waves. You of carbon in their policymaking. Most ready kind of optimism’’—a ‘‘battle- can replicate that risk along the shores major corporations, even ExxonMobil, ready kind of optimism.’’ of Bangladesh, Burma, Malaysia and factor a social cost of carbon into their So let us go forward with a ‘‘battle- the Maldives. own planning and accounting. ready kind of optimism’’ to clean the You can add in the risk of lost fish- The social cost of carbon pollution is polluter swamp at EPA, to clean our eries that left a country’s EEZ for cool- at the heart of the International Mone- Earth’s atmosphere and oceans of un- er waters. If you think that is just a tary Fund calculation, for which the bridled carbon emissions, and to clear hypothetical, ask Connecticut and fossil fuel industry gets an annual sub- the reputation of our beloved country Rhode Island lobstermen about their sidy in the United States of $700 billion of the obloquy it is rapidly earning at catch. Add in the expansion of the a year. Even to protect a multihun- the hands of a corrupting industry. world’s desert areas in the Sahel and dred-billion-dollar annual subsidy, I yield the floor. elsewhere that forces farmers’ crops Scott Pruitt can’t just wish the social The PRESIDING OFFICER (Mr. and shepherds’ flocks away from their cost of carbon away and just can’t stop BURR). The Senator from Virginia. historic homes. counting it. Courts will take notice. HEALTHCARE Add unprecedented storms powered They may take notice that these Mr. KAINE. Mr. President, I rise to up over warming seas. As bad as things stunts are arbitrary and capricious talk about the Children’s Health Insur- have been in Houston, Florida, and under the Administrative Procedure ance Program. We all know that Puerto Rico, we are rich enough to re- Act. They may take note that Pruitt healthcare is the most important thing build, to throw billions of dollars at has massive conflicts of interest with in any person’s life and in their fam- the problem, and we are. Other places his fossil fuel funders. They will surely ily’s life, and there is probably no do not have those resources. Without note that the Supreme Court has said healthcare issue that is more intense the help, imagine that suffering. greenhouse gases are pollutants under than a parents’ concern about the To those who will suffer in the fu- the Clean Air Act, and that EPA is le- health of their children. I think all of ture, what do we say? On that day of gally obligated to regulate them. They the offices in this building have heard reckoning, on that judgment day, what will surely note that the EPA itself has from parents about the health of their do we tell all those people who suf- determined that greenhouse gas emis- kids over the course of the number of fered? Ha-ha-ha, do we say? We came sions endanger the public health and months we have been debating what to up with this little trick that wiped welfare of current and future genera- do about the Affordable Care Act. most of your suffering off our books. tions, a determination that the DC Cir- I rise today to talk about another We used a discount rate that dis- cuit resoundingly upheld. critical program, which I hope we will counted your suffering to virtually But we are not in an ordinary situa- act in a bipartisan way to reauthorize: zero. Is that the kind of America we tion. Pruitt has a long history of doing the Children’s Health Program, or want to be? Remember the saying: The the bidding of the fossil fuel industry. CHIP. CHIP builds on Medicaid, and it power of America’s example is more In the recent Frontline documentary, gives families who earn too much to be important than any example of our ‘‘War on the EPA,’’ Bob Murray of eligible for Medicaid an insurance op- power. Some example we would be, Murray Energy, a strong Pruitt sup- tion for their kids. In talking to fami- some city on a hill, if that was the way porter, bragged about giving this ad- lies who avail themselves of this op- we behaved. ministration a three-page action plan tion—in Virginia, years ago we didn’t The natural world does not care on environmental regulations and do a very good job of enrolling kids in about self-serving or ideological argu- bragged that the first page was already CHIP, and we have become an awful lot ments. The natural world is governed done. That is the world we live in now, better at it. It is interesting to hear by immutable laws of physics, chem- where the regulated industry brags the way parents talk about it. They istry, biology, and mathematics. Scott that it controls its regulator, gives it will often talk about how important Pruitt’s polluter-friendly mathematics direction, and that its work is already CHIP is to them when their child is just doesn’t add up. As Michael being done. sick or when their child is injured, but Greenstone, an economist at the Uni- Courts that look at any rule proposed what is interesting to me is how impor- versity of Chicago who helped develop by Scott Pruitt must recognize that tant it is to them when their child is the social cost of carbon, put it, Pru- there is a near zero chance that he is perfectly fine—not sick, not injured. itt’s plan was not evidence-based pol- operating in good faith. Our Nation’s But if you are a parent, you are going icymaking. This was policy-based evi- environmental regulator went in cap- to have anxiety when you go to bed dence making. tured and has stayed captured by our every night if your child doesn’t have There is enormous pressure in the Nation’s biggest polluters. Scott Pruitt insurance or coverage: What if some- Trump administration to get rid of the is not their regulator; he is their in- thing happens tomorrow? This is a pro- social cost of carbon. What is bizarre strument. That is a conflict of interest. gram that provides not just healthcare about the Trump administration is I recently hosted my eighth annual but peace of mind for parents and their that they don’t try to get rid of the so- Rhode Island Energy Environment and kids. cial cost of carbon by getting rid of its Oceans Day, bringing together mem- Between Virginia’s separate CHIP social costs, by lowering carbon emis- bers of our business community from program and the Family Access to sions, by addressing the harms that it the public sector, from government, Medical Insurance Security and CHIP- causes. They try to get rid of the social and academia, to hear directly from ex- funded Medicaid, the State provides cost of carbon by getting rid of the perts about the latest environmental coverage to nearly 193,000 children. scoring mechanism that counts all of news and initiatives. I was very excited CHIP alone—the specific CHIP pro- that. It is like saying: My team is win- to be joined by excellent keynote gram—covers 66,000 kids in Virginia ning because I tore down the score- speakers, including former Secretary and also pregnant moms; 1,100 pregnant board. of State John Kerry, who has done such moms are covered right now. The cov- Well, no, the world is getting clob- magnificent work on oceans particu- erage is important. It includes doctor bered out there by carbon pollution larly but on climate change generally, visits, hospital care, prescription medi- and the climate change that causes it, leading us into the Paris climate agree- cines, eyeglasses—which are critical to and tearing down the scoreboard ment. Also, there was former U.S. Spe- being successful in school—immuniza- doesn’t help change the game on the cial Envoy for Climate Change Todd tions, and checkups for kids up to age

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.019 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6949 19, with minimal cost sharing and important way by families. The Shen- The PRESIDING OFFICER. Without without premiums. andoah Valley, an agricultural area in objection, it is so ordered. In Virginia, since 2009, when I was western Virginia, has about 6,400 kids Mr. BLUNT. Mr. President, this week Governor, we extended CHIP to also who rely on CHIP. There is not a coun- we are moving to confirm four Federal allow dental coverage. That has been ty, there is not a city in Virginia where circuit judges. Because of that, it is a really important to children and their there isn’t a child and a pregnant good week to talk about the critical families. The program is one of the suc- woman who rely on this program. role the judiciary plays and actually cess stories in this body because it has On September 18—now to the good about the unique power our Constitu- been strongly bipartisan in support part of my talk, the positive words tion gave the courts to do the job they since its creation in 1997. But as the from my colleagues—Senators HATCH are supposed to do. President knows, this program expired and WYDEN introduced the bipartisan They are to provide a check and bal- on September 30. Despite bipartisan Keeping Kids’ Insurance Dependable ance on the other two coequal branches work on the Finance Committee, we and Secure Act, which is a bipartisan of government—the executive branch still have not seen a reauthorization compromise in the best traditions of and the legislative branch. Most impor- bill come to the Senate floor. this body, to extend the CHIP program tantly, the Federal judiciary provides The uncertainty surrounding CHIP for 5 years to give States sufficient Americans with an avenue with which has already started to have an influ- time to plan their budgets and make to seek the rule of law, an avenue to ence on my constituents and the con- sure that families don’t face the uncer- know that one is going to be impacted stituents of every Member of this body. tainty related to getting notice letters by what the law says and what the According to our Virginia Department saying that the program may termi- Constitution says. It is a fundamental of Medical Assistance Services, the nate. right of how we conduct ourselves, how State will be forced to send letters on I rise today to urge my colleagues to we seek justice, how people should be December 1, 2017, notifying families strongly support bringing this bill to able to make decisions about their that there is an impending loss of cov- the floor and providing certainty to the families and about their businesses and erage. If there is not a reauthorization families and children who rely on about their financial futures as well as bill done by that time, imagine the CHIP. The possibility of all these fami- their personal futures. anxiety of all these families in the lies getting letters on December 1 say- That is why judges who believe in the weeks before Christmas getting a letter ing that the program is possibly going rule of law and what the law says and in the mailbox saying that this CHIP to expire is just a needless uncertainty, what the Constitution says are so im- program, which covers 66,000 kids and and we should try to avoid that if we portant and why it is important to 1,100 pregnant women, is about to ex- can, not just in Virginia but in every have qualified and well-grounded pire. This will, at a minimum, cause a State. judges—not just people who are really great deal of anxiety and confusion, My senior Senator, Mr. WARNER, is good lawyers but people who have an even if we then come back and fix it. also a strong supporter of the program. appreciation for how important it is But if we don’t fix it, obviously, the I will give him some props. When he that others can absolutely rely on the anxiety and confusion becomes much was Governor of Virginia—he preceded law and the Constitution. Those can be more catastrophic for the families. me as Governor—he was the one who changed. There is a way to change After we send out letters on Decem- focused on doing a better job of enroll- them, but the way to change them is ber 1 telling families that they have to ing kids in the program. I give him seldom on the Federal bench. prepare for the elimination of this pro- credit for that, and I will take credit According to the Administrative Of- gram, enrollment will freeze on Janu- for my teamwork and for adding dental fice of the U.S. Courts, as of this morn- ary 1. No new children can come into coverage to CHIP. But he was a great ing, there are 148 vacancies on the Fed- the program. By the end of January— leader. He and I have together sent a eral judiciary. That includes two va- and this differs in different States— letter to the Senate leader, Mr. MCCON- cancies on the Eighth Circuit Court of Virginia will have insufficient funds to NELL, asking if he would bring a bipar- Appeals. It includes the circuit judges continue the program. There are some tisan bill to the floor quickly on behalf of whose nominations we have not yet States that are already experiencing of Virginia’s children. fully complied and approved this week, running out of the funds they have for This bill was bipartisan in its intro- but there are 148 vacancies—jobs that the program. Virginia has a little cush- duction, and with the number of co- are to be filled for as long as the people ion, but that will take us only through sponsors and the historic, bipartisan are able to serve. That is why healthy the end of January if we don’t reau- nature of support for this program, if judges, younger judges, and judges who thorize. we can get a floor vote on this bill, I are well grounded can have such an im- Here is something that makes mat- think we can pass it today and send it pact for so long. The first major judi- ters worse in Virginia, and I think it is to the House and do so in a way that cial accomplishment this year, in the case in most States. Our legisla- we would avoid the need to start send- terms of the nominating process, was ture is a part-time legislature. The leg- ing out termination letters to families, Judge Gorsuch, who 29 years from now islature is not in session. The legisla- needlessly increasing their anxiety. will be younger than three of the ture does not come back in until Janu- I will conclude by saying that if we judges with whom he is currently serv- ary, and that will make it really dif- can bring this to the floor, I think we ing. These are decisions that will last ficult. We can’t find time for solutions can get it passed. It is an urgent issue well beyond a Presidency and well be- before then because the legislature is for children across the country—and yond the tenure of the Senators who not in session. When the legislature even more than children in some ways. will vote to confirm, and we have a comes back, that would be a lot to face The children aren’t wandering around chance to do that. in 2 weeks, which is when this program every day thinking about their Of these judicial circuits, the Eighth is going to expire. healthcare, but their parents are won- Circuit is one my State of Missouri is Needless to say, the kids who use dering every day, worrying desperately in. As a matter of fact, the most recent CHIP in Virginia are in all parts of the about their healthcare. This would be a data shows that while there are a hand- State. Just to give you some examples, bill that would help both children and ful of States in that circuit, one-third the Hampton Roads area, the second parents. of all the cases that had been filed in largest metropolitan area in the I yield the floor. the Eighth Circuit from September 2015 State—Virginia Beach, Norfolk, and I suggest the absence of a quorum. to September 2016 had come from our the Northern Neck—has over 5,000 kids The PRESIDING OFFICER. The State, and I imagine that number will who rely on CHIP. In far southwest clerk will call the roll. be about the same again this year. Re- Virginia, where my wife’s family is The legislative clerk proceeded to shaping the judiciary, generally, as from—Appalachia—nearly 6,000 kids call the roll. well as what happens in the Eighth Cir- rely on CHIP. It is a high poverty area, Mr. BLUNT. Mr. President, I ask cuit are important. and in those parts of the State where unanimous consent that the order for At the start of President Trump’s poverty is high, CHIP is used in a very the quorum call be rescinded. term, 12 percent of all of the positions

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.021 S01NOPT1 S6950 CONGRESSIONAL RECORD — SENATE November 1, 2017 in the Federal judiciary were vacant. are going to insist on 30 hours of de- law degree from the University of Kan- The Congressional Research Service bate because the rules allow for 30 sas. He clerked on the U.S. Supreme found that not since President Clinton hours of debate. Well, the rules allow Court before practicing law and teach- took office has a President had the for 30 hours of debate for contentious ing at the University of Minnesota. Not constitutional obligation to fill more nominees. The rules allow for 30 hours only was he appointed to fill a vacancy judicial vacancies at the start of his of debate when there is really going to on the Supreme Court in Minnesota, term than President Trump. I, cer- be a debate. Last week, we had 30 hours but he was elected. In fact, he was tainly, believe he made the right of debate on a judge, but 20 minutes elected and received more votes than choice when he selected Judge Gorsuch were spent talking in support of him the person who is holding his nomina- to serve on the Court, and I have been while zero minutes were spent in op- tion received when he was elected to enthusiastic about the other judges posing him. The 30 hours that could that job. whom he has nominated, including the have been used for other purposes was I urge my colleagues to not only sup- four we have had a chance to talk gone. port his nomination but to do what we about and will continue to have a Frankly, I think that was the reason need to do to get these nominees to the chance to talk about this week. the 30 hours was demanded—so the floor and let everybody express their I think President Trump will con- other work of the Senate had to be set opinion and be given the time needed tinue to nominate judges who will, aside so we could do the equally impor- to do that, not to continue to abuse the first of all, pay attention to the Con- tant work of letting the President put rules, not to continue to hold these im- stitution and what it says, who will people in vacant positions that needed portant vacancies hostage to getting apply the rule of law, and will not leg- to be filled. That 30 hours will be anything else done because we have 30 islate from the bench. Those three hall- changed if the minority continues to hours of debate in which nobody de- marks of how this Senate should de- abuse it. It has happened in the entire cides to come and debate. fine, and how this President has so far history of the Senate, but that is what By the way, if we want to continue to defined, what a judge is supposed to do happens when you abuse these rules allow Senators to hold nominations in not only can happen but can happen at that protect you and give you rights. It circuits that their States happen to be this moment for—or at least as of Jan- will happen again here if this does not a part of, in the Eighth Circuit, most of uary 20—12 percent of the judicial posi- change. the work before that court comes from tions, and that number will continue to We see the same thing happening this Missouri more than any other State. grow as judges, for whatever reason, week. We have had lots of time this We would be glad to have an additional leave the bench as judges decide to week—30 hours of debate, a final vote, judge, and there is nothing that would take early retirement. If at the end of and Democrats and Republicans vote. prevent that. the 4 years of this administration we In fact, regarding the judge I men- The right thing to do here is to let have filled all of the vacancies that tioned a minute ago, 28 Democrats the nomination of a well-qualified per- will have occurred, we will have filled voted for that judge. There were 30 son come to the Senate floor and be de- more than 12 percent of those lifetime hours of debate, and not a single crit- bated, if there is debate to be had, and be voted on and to take one of those appointments. So it is really important ical word was spoken in debate about significant 140-plus vacancies on the that the Senate act to confirm these the judge. A majority of the Democrats Federal judiciary and fill it with a per- nominees and fill as many vacancies as and virtually all of the Republicans son who is well qualified, just like this are there to be filled. voted for that judge. That is not an ac- Last month, the Federalist reported: ceptable way to stop the Senate from week. In four other circuits, we intend ‘‘Democrats are forcing more cloture getting to the other work the Senate to put three women and one man on votes than any early Presidency and needs to do. This is not basketball those courts who will hopefully be able demanding the full 30 hours of floor without a clock, where they used to ef- to serve long and well and will take their important philosophies to the time per nominee that the Senate rules fectively play the delay game. The courts with them when they go. allow.’’ delay game got abused, and the clock I yield the floor. Yesterday, at the press stakeout that became part of the system. The clock The PRESIDING OFFICER. The Sen- will run faster here, too, if our col- we had outside of this room, I said that ator from West Virginia. the Senate was designed to protect the leagues do not begin to see the impor- Mrs. CAPITO. Mr. President, thank rights of the minority, and that is a tance of what we do here. you. good thing. Just the fact that it would NOMINATION OF DAVID STRAS As we heard my colleague from Mis- take 6 years to replace the entire Sen- Mr. President, while these nominees souri saying, we have a great oppor- ate means that the country has to stay have had cloture votes—again, Presi- tunity this week to confirm four out- focused on one set of ideas if all of the dent Obama, I think, only had one on a standing individuals to the Federal cir- Senators are going to reflect that one judge in his first year—there is one cuit courts. These nominees are well- set of ideas much longer than the 2- nominee, Minnesota Supreme Court qualified individuals who have dem- year opportunity to change everybody Justice David Stras, in the Eighth Dis- onstrated a strong understanding of in the House. Also, the understanding trict, which is the district again that the proper role that a judge plays in that the Senate provides that protec- Missouri is in, who has had his nomina- our constitutional system. tion for minorities to be heard in a big tion held up. There is a rule sometimes I am especially pleased that we are and diverse democracy like we have is that has been used in the Senate—al- considering three exceptionally tal- a good thing. In the points that we most always if a judge is being replaced ented women for the Federal bench. were making yesterday, I also said that that only affects your State—whereby Federal circuit court nominations are the protections for the minority are al- a Senator can say: I am really opposed extremely important. Circuit courts sit ways held onto, appreciated, and pro- to that. In most of the history of the directly below the Supreme Court in tected until the minority decides to Senate, that kind of hold has been hon- our judicial system. Because the Su- abuse those protections. When that ored. It has not been honored on judges preme Court reviews relatively few or a happens, the minority always loses the who represent another State, many smaller number of cases, many times protection. States, or will be a judge in the circuit the circuit courts have the last word in What we have had over and over for many States just because they hap- the majority of those cases, so it is es- again—47 times this year as compared pen to come from your State. sential that we have judges on the cir- to 1 time with President Obama for The American Bar Association has cuit court who will treat all litigants nonjudicial appointments, 5 times in said that Justice Stras is ‘‘well quali- fairly. the entire first Obama year up until fied.’’ It is its very highest rating. He When I think about what I want in a this time in October, I believe, no received his bachelor’s degree, with the judge, I think fairness is the first thing times for either President Bush, and 1 highest distinction, from the Univer- that comes to mind. We want someone time for President Clinton—is that the sity of Kansas, which is another State who treats litigants fairly, who shows minority has taken a judicial nomina- in this circuit. He received his MBA respect for our Constitution, our stat- tion or another nomination and said we from the University of Kansas and his utes, and the controlling precedents.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.022 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6951 We need somebody knowledgeable in given praise to these nominees in ear- appellate litigation at Arnold and Por- the law. That sort of goes without say- nest and honest discussion, which very ter. At the beginning of her legal ca- ing but certainly is a top attribute of a much lends itself to my support. With- reer, Justice Eid served as a clerk for judge. Every party before our Federal out question, their fitness for the Fed- Judge Jerry Smith on the Fifth Circuit courts has the right to expect even- eral bench is evident. and as a law clerk for Supreme Court handed, fair judges and fair justice The fact that Democrats have been Justice Clarence Thomas. from those judges who are handling holding up these qualified individuals Justice Eid was raised by a single their case. is totally misguided. We heard from mother, whom Eid credits for her sig- Each of the four nominees being con- Senator BLUNT in his remarks about nificant personal and professional firmed this week have a strong record the numbers. There are currently 21 achievements. She earned a scholar- and impeccable qualifications. They re- circuit court vacancies and 120 district ship to Stanford and graduated with spect the rule of law. All were given a court vacancies in the Federal judici- distinction and is a member of Phi high rating by the nonpartisan Amer- ary. While the Senate has an important Beta Kappa. Justice Eid received her ican Bar Association. role in examining nominees to fill law degree from the University of Chi- Yesterday I was very pleased to sup- these vacancies, Democrats have re- cago, where she graduated with high port Amy Barrett’s confirmation to the quired virtually every potential judge honors and Order of the Coif. She has Court of Appeals for the Seventh Cir- to go through a time-consuming floor had an impressive legal career, and she cuit. Despite obstruction by my col- process that is simply not sustainable, has an impressive life story. leagues on the other side, I am pleased even when there are no objections In her long and celebrated tenure on that yesterday we confirmed Ms. Bar- raised against the individuals. In fact, the Colorado Supreme Court, Justice rett, but I still have deep concerns Democrats have used political tactics Eid has heard roughly 900 cases and about some of the debate and some of to delay virtually every one of Presi- written approximately 100 opinions. In the questions that were raised about dent Trump’s judicial nominees, con- 2008, 75 percent of Colorado voters re- her religious beliefs throughout the troversial or not. tained Justice Eid to the Colorado Su- confirmation process. Every Senator has the right to vote preme Court. The Constitution clearly states that against a judicial nominee if they be- Her nomination has also received there can be no religious test for any lieve that person to be unfit or un- wide, bipartisan support. As an exam- Federal office. The Senate has a re- qualified—we all have that right—but ple, Justice Eid’s former clerks, who sponsibility to consider qualifications engaging in a de facto filibuster noted that they ‘‘come from a diverse and fitness for office of individuals against virtually every judicial nomi- set of geographic, economic, cultural nominated by the President, but that nee is an abuse of the rules, I believe, and political backgrounds,’’ wrote a does not include an evaluation of a especially when the nominee has over- letter to the Judiciary Committee sup- nominee’s religious beliefs. Our Con- whelming bipartisan support. porting her nomination. Judges work stitution fundamentally protects reli- The American people expect the Sen- closely with their law clerks every day. gious liberty for all Americans. That ate to confirm well-qualified nominees. Law clerks understand a judge’s delib- principle is deeply rooted in our Na- They also expect us to advance a legis- erative process and approach to the law tion’s history and allows individuals of lative agenda that will improve our better than anyone. How did these all faiths the freedom to exercise their economy and our security. By filibus- clerks describe Justice Eid? They said: religious beliefs. tering against qualified nominees, ‘‘She never fails to provide her full at- Ms. Barrett’s credentials clearly Democrats are keeping the Senate tention and dedication to each indi- demonstrate her ability to serve on the from tackling our important legisla- vidual case, mastering the relevant Federal bench, which she will be doing, tive work. facts and carefully analyzing the law, and I hope future nominees are ques- Starting with Justice Neil Gorsuch whether the text of a statute or the tioned by this body on their record, to the nominees being considered this word of a contract.’’ Her law clerks their qualifications, and their jurispru- week, President Trump has nominated also wrote that she goes ‘‘where the dence, not on their faith. mainstream judges who will serve our law takes her’’ and that in their decade Today we confirmed the nomination country for years in the judiciary. I of collective experience in over 900 of Michigan Supreme Court Justice commend the President, the chairman, cases, Justice Eid ‘‘treats each case in- Joan Larsen for the Sixth Circuit, a su- Senator GRASSLEY, and the members of dividually without any preconceived premely qualified individual. A former the Judiciary Committee for their notion of desired outcome.’’ clerk for Supreme Court Justice work in advancing these talented indi- The National Native American Bar Antonin Scalia, she served as a Deputy viduals. We should confirm these Association also endorsed Justice Eid. Assistant Attorney General and as a judges and act promptly to fill other In their letter to the committee, they law professor at the University of judicial vacancies. noted that she ‘‘has demonstrated deep Michigan before joining her State’s I thank the Presiding Officer. understanding of Federal Indian law highest court, the supreme court. I yield the floor. and policy matters, as well as signifi- We are now considering the nomina- The PRESIDING OFFICER (Mr. COT- cant respect for the tribes as govern- tion of Colorado Supreme Court Jus- TON). The Senator from Iowa. ments. Such qualities and experiences tice Allison Eid for the Tenth Circuit. Mr. GRASSLEY. Mr. President, to- are rare among nominees to the federal Justice Eid served as Colorado’s solic- morrow morning the Senate will vote bench.’’ They went on to note that itor general and is a law professor at on the nomination of Colorado Su- ‘‘while we do not expect that Justice the University of Colorado. She clerked preme Court Justice Allison Eid. She is Eid will agree with tribal interests on for Supreme Court Justice Clarence going to be voted on to serve on the every issue, we also believe that she is Thomas and was appointed by Chief Tenth Circuit Court of Appeals. She is immensely well qualified and we are Justice John Roberts to serve as a an eminently qualified and exceptional confident that Justice Eid is a main- member of the advisory committee on nominee who has received widespread, stream, commonsense Westerner who Federal appellate rules. bipartisan praise and support. will rule fairly on Indian Country mat- Finally, we will consider the nomina- Justice Eid has spent over a decade ters.’’ That is from the National Native tion of Stephanos Bibas to the Third on the Colorado Supreme Court. Before American Bar Association. I think Circuit. Mr. Bibas is a law professor at her appointment, she served as the Col- ‘‘mainstream, commonsense West- the University of Pennsylvania and orado State solicitor general. In that erner’’ is the perfect way to describe clerked for Justice Anthony Kennedy role, she represented the State before Justice Eid. after earning degrees from Columbia, both Federal and State courts. She also Despite this bipartisan support and Oxford, and Yale. served as a tenured faculty member at her professional achievements, all the This is a supremely qualified slate of the University of Colorado School of Democratic members of the Judiciary nominees, as their impressive creden- Law, where she taught courses in con- Committee voted against her nomina- tials make clear. My colleagues who stitutional law, legislation, and torts. tion in committee, and I suspect most are familiar with these nominees have Justice Eid practiced commercial and of the minority will vote against her

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.024 S01NOPT1 S6952 CONGRESSIONAL RECORD — SENATE November 1, 2017 confirmation when it comes up. That I am very proud to support the nomi- the desire of the senior Senator from surprised me. Justice Eid received a nation of Justice Allison Eid. She is Vermont to ‘‘confirm women prac- majority ‘‘well qualified’’ rating from the third in a series of distinguished fe- ticing at the pinnacle of the legal pro- the American Bar Association, an out- male circuit court nominees we have fession.’’ side group who evaluates judicial had the opportunity to vote on this That is certainly where Joan Larsen nominees. My colleagues on the other week. Her impressive experience and works. She has been a justice on the side claim that this group’s ratings numerous accomplishments speak to Michigan Supreme Court and was nom- weigh very heavily in their decision to her qualifications for this role. I com- inated to the Sixth Circuit, which han- support or oppose a judicial nominee. mend the President for nominating dles Federal appeals from Michigan, In fact, my Democratic colleagues these outstanding and accomplished Kentucky, Ohio, and Tennessee. Jus- claim that these ratings should carry a women to our circuit courts. Justice tice Larsen graduated first in her class great deal of weight with Senators, and Eid is an exceptional nominee, and her from Northwestern University’s law they argue that the Judiciary Com- record overwhelmingly supports her school. She then clerked for the pres- mittee shouldn’t hold hearings on nomination. As a result, I will support tigious DC Circuit Court of Appeals, nominees who have not yet received her confirmation tomorrow, and I urge right here in Washington, DC. She then ABA ratings. all of my colleagues to do the same. went on to serve as a law clerk to Jus- This week, we are voting on four cir- I yield the floor and suggest the ab- tice Antonin Scalia of the U.S. Su- cuit court nominees—including three sence of a quorum. preme Court. women—who received ‘‘well qualified’’ The PRESIDING OFFICER. The Since then, she has worked in public ratings from the ABA. The American clerk will call the roll. service at the Office of Legal Counsel Bar Association rated two of these in- The senior assistant legislative clerk at the Department of Justice during dividuals unanimously ‘‘well quali- proceeded to call the roll. the George W. Bush administration and Mr. CORNYN. Mr. President, I ask fied.’’ Yet the vast majority of my has taught at the University of Michi- unanimous consent that the order for Democratic colleagues voted against gan Law School. the two nominees on whom we have al- the quorum call be rescinded. Both of our Democratic colleagues The PRESIDING OFFICER. Without ready voted, and I am willing to bet from Michigan have returned their blue objection, it is so ordered. that the other two nominees will see slips, which is the piece of paper which similar opposition from my Demo- Mr. CORNYN. Mr. President, this week we have been talking about some says they are OK with the nomination cratic colleagues. going forward, signaling their ap- Why do my Democratic friends pro- sterling nominees for our Nation’s cir- proval. Given her credentials, my ques- fess such admiration for the American cuit courts of appeals. These are our tion would be, How could they not? Bar Association’s evaluation process intermediate appellate courts in the Ms. Larsen will make an excellent and then vote against nominees who country, one step above the trial judge. She already has been, but she received the American Bar Associa- courts where cases are tried and one will make an excellent addition to the tion’s ‘‘well qualified’’ rating? I would step below the Supreme Court of the circuit court of appeals, and I am glad like to see them put their money where United States. we have now confirmed her. their mouth is or maybe, better yet, What most people don’t realize is Another nominee is on the way. Jus- their vote where their mouth is. If my that the Supreme Court only decides tice Allison Eid of the Colorado Su- colleagues believe so strongly in the roughly 80 cases a year. In other words, preme Court has been nominated to the ABA evaluations, they should start there is no guarantee that if your case Tenth Circuit post formerly held by voting for nominees who receive ‘‘well is tried in the trial court, it will go be- Justice Neil Gorsuch, who was recently qualified’’ ratings, but I suspect they yond the circuit court of appeals. So in confirmed to the U.S. Supreme Court. will not. many instances, our circuit courts are When the Judiciary Committee voted the ‘‘supreme court,’’ or the court of The Tenth Circuit sits in Denver and on Justice Eid’s nomination, my Demo- last resort. These sterling nominees includes Colorado, New Mexico, Kan- cratic colleagues really stretched to that the President has nominated in- sas, Oklahoma, Utah, and Wyoming. find reasons to oppose that nomina- clude Professor Amy Barrett, who yes- As in the case of Professor Barrett tion. One of the chief reasons given for terday was confirmed to the Seventh and Justice Larsen, Allison Eid is ex- opposition to her nomination centered Circuit Court of Appeals by a bipar- ceptional in every respect. She at- on a quote in a Denver Post article tisan vote of 55 to 43. For some reason, tended Stanford University and the that said Justice Eid has ‘‘earned a our friends across the aisle have de- University of Chicago Law School, reputation of one of [the Colorado Su- cided it is to their advantage to where she was elected to the Order of preme Court’s] most conservative inexplicably drag out the clock against the Coif and graduated with high hon- members.’’ I find that statement to be a really accomplished scholar—and to ors. She clerked for the Fifth Circuit misleading. Of the seven justices on the boot, a mother of seven—but, of course, Court of Appeals in New Orleans and Colorado Supreme Court, Justice Eid is to no avail. then went on to clerk for Justice Clar- one of only two justices appointed by a What is worse is our colleagues ence Thomas on the U.S. Supreme Republican Governor. To argue that across the aisle have seemed to have Court. she is somehow extreme just because forgotten some of their own priorities As with Justice Larsen, Justice Eid she was not appointed by a Democratic when it comes to judges. For example, has received the blue slips from both of Governor is very unfair. the senior Senator from Minnesota has her home State Senators, which means Furthermore, the Denver Post pub- said in the past: ‘‘It is time to get they are willing to let this confirma- lished a subsequent article that dis- women on the bench.’’ Well, we just did tion go forward. So I look forward to agreed with this characterization. By that yesterday, and we are going to do her quick confirmation. contrast, the more recent article stat- it again. ‘‘They should get an up-or- Finally, the fourth judge who will be ed that ‘‘appointment by a Republican down vote . . . that is what women de- confirmed this week is professor or Democrat does not always dictate serve.’’ I would say that is what the Stephanos Bibas, who teaches at the the ideology of the justice. . . . Even President’s nominees—whether they be University of Pennsylvania Law categorizing justices as either conserv- women or men—deserve, but, unfortu- School. He has been nominated for the ative or liberal is generally an error.’’ nately, that hasn’t always been the Third Circuit Court of Appeals, which I would agree with the Denver Post on case. covers Delaware, New Jersey, and this point. There is still time, however, for our Pennsylvania. Stephanos Bibas was Justice Eid should not be evaluated Democratic colleagues to honor their educated at Columbia, Oxford, and Yale by her ideological reputation but, rath- previous statements and to put more Law School. He, likewise, clerked for er, by how she approaches issues before women on the circuit courts without the Fifth Circuit Court of Appeals and her judiciary. That is how I have evalu- needlessly stringing them along with then went on to clerk for Justice An- ated Justice Eid and other judicial unnecessary delays. thony Kennedy on the U.S. Supreme nominees, and that is why I strongly Joan Larsen was the first. She was Court. He has worked both in private support her confirmation today. confirmed earlier today. She fulfills practice and as a prosecutor. Now he

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.025 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6953 has distinguished himself as an aca- return, thus, making compliance with he was right—that this was hurting our demic, teaching and publishing in the the Tax Code much simpler and cheap- global competitiveness in a global realm of criminal law and procedure. er. We agreed that we would signifi- economy and that companies, out of In their ringing endorsement of his cantly increase the child tax credit and sheer self-interest, were keeping the nomination, a diverse group of more reduce taxes on businesses and job cre- profits they had earned overseas rather than 100 law professors noted Professor ators. than bringing them back and suffering Bibas’s ‘‘fair-mindedness, conscien- This last objective—reducing taxes from double taxation, meaning that tiousness, and personal integrity.’’ on businesses and job creators—de- workers here in the United States Those are the sort of qualities we serves a little bit more discussion. didn’t get the benefit of that infusion should all want in a circuit court Ireland represents an interesting of extra cash in their paycheck, and judge. point of comparison for the United the investment that should occur here We are going to confirm Stephanos States. We have the highest tax rate in in the United States was occurring Bibas and the other nominees I men- the world—35 percent for businesses overseas strictly because of our Tax tioned, no matter how long it takes, that do business all around the globe. Code. this week. The majority leader has put Ireland has a corporate rate of 12.5 per- My colleague, the senior Senator our friends across the aisle on notice, cent. That is 35 percent to 12.5 percent. from Oregon, described corporate in- and there is nothing they can do to Because of that, it has become a haven versions. That is what happens when an stop those confirmation votes before for large American companies, espe- American company shifts its legal ad- we call it a week. cially in the high-tech sector. dress to a foreign country, such as Ire- Once again, the administration has Ireland has since ended its so-called land, for tax purposes. He called it a demonstrated its skill at picking ‘‘double Irish’’ tax scheme, which al- ‘‘contagion’’ that has affected the Tax bright nominees for the right reasons. lowed it to benefit from taxes on in- Code with ‘‘the chronic diseases of This week’s nominees will read the law come that should have been taxed in loopholes and inefficiency.’’ He went on faithfully. They will honestly interpret the United States. In other words, to call the Tax Code an ‘‘anti-competi- its text, and they will apply it to cases there is some rivalry and competition tive mess.’’ He is right. with a sense of humility no matter when businesses do business worldwide The senior Senators from Maryland what their preferred outcome might be. as to where their profits will be taxed. and Ohio have also made similar state- I appreciate President Trump, Leader We want to make sure that those prof- ments in past years. MCCONNELL, and the chairman of the its are taxed in the United States and We all realize that simplifying our Senate Judiciary Committee, Senator not in countries abroad, where we Tax Code will reduce tax compliance CHUCK GRASSLEY, for the hard work in would enjoy no benefit from. costs, which currently run for small bringing these nominees to the floor. This example illustrates what hap- business owners at around $19 billion a Now let’s get them on the Federal pens when we keep our tax rate so year. Our Tax Code has simply gotten bench. high. Sadly, companies leave. They go to be too complex and too convoluted TAX REFORM elsewhere, because they know that the for honest, law-abiding small business Mr. President, the other issue I wish difference between a 35-percent tax owners to do it on their own. So they to bring up in my remarks today is tax rate and a 12.5-percent tax rate in Ire- have to hire somebody else to help reform, because we all know that the land may be the difference between them sort it out. House of Representatives will release making a profit for your shareholders— The less money that a small business the Ways and Means Committee’s be- whether it is the teachers retirement pays in tax compliance is the more ginning bill for tax reform—something system or the firefighters pension they can spend on their employees or we have promised for a long time and fund—or ending up in the red and not on expanding their business or on in- that the country is anxiously awaiting. making a profit at all. Savvy compa- vesting in new equipment or simply This will be the culmination of nies will leave, and they will go else- giving their workers a pay raise. Let’s months—if not years—of hard work, of where. They know to create new enti- give them the relief that they need. meetings, white papers, listening ses- ties and search the globe for better Let’s reduce the corporate rate, as sions, and the like so that we can de- rates. It is really a matter of their President Obama and our colleagues on liver on our shared goal of a simpler, competitiveness in a global economy. the other side used to argue for. With fairer tax system that boosts jobs and Of course, when they do this, it is our proposals, we can also get moving puts more money in the pockets of legal. It is rational because they want on fixing the rest of the Tax Code to let every American. Those are our goals. the best deal they can get for their the hard-working people of Texas and We know that many hard-working shareholders. They also want to make American families keep more of what Americans have had a rough time in re- sure they can achieve a profit for their they earn, improve their standard of cent years. Sending their kids to col- shareholders and not a loss, frankly, living in the process, and to make our lege and securing retirement seems to due to the differential in tax rates. Tax Code more competitive in a global be harder and increasingly out of reach When companies dodge U.S. taxes, it economy so that businesses that oper- for some of my constituents back in means we here in the United States ate internationally will be incentivized Texas and people around the country. I miss out on revenue that we would oth- to bring that money back here to the hear about their concerns and their erwise reap. One thing is for sure. With United States to make and manufac- anxieties—economic anxieties—every $20 trillion in debt, we want to make ture products that are stamped ‘‘Made time I go home. It is not acceptable sure that our Tax Code is fair and sim- in America’’ and to improve the wages that 50 percent of Americans are find- ple and is competitive and will help us and quality of life and income of Amer- ing themselves living from paycheck to grow our economy in a way that will ican workers. It just strikes me as a paycheck and that a third of voters are help us pay down those deficits and no-brainer, and that is exactly what we one trip to the mechanic shop away that debt. are going to set out to accomplish to. from a household financial crisis. Now, our Democratic friends have I suggest the absence of a quorum. Last week, several of my colleagues been known to demagogue this issue a The PRESIDING OFFICER. The and I sat down with the President—we little bit, saying: Who wants to cut clerk will call the roll. were members of a bipartisan group of these corporate tax rates overseas? The senior assistant legislative clerk the Senate Finance Committee—and Corporations shouldn’t get a tax cut, proceeded to call the roll. discussed our objectives in achieving even though they know what the facts Mr. SCHUMER. Mr. President, I ask meaningful and lasting changes to our are. unanimous consent that the order for Tax Code. The President agreed that Well, they should simply listen to the quorum call be rescinded. we should cut taxes for hard-working people like Barack Obama. In 2011 he The PRESIDING OFFICER (Mr. Americans and that we should nearly was speaking to a joint session of Con- TOOMEY). Without objection, it is so or- double the standard deduction, which gress and called on Republicans and dered. reduces the number of people who will Democrats alike to lower the U.S. cor- Mr. SCHUMER. Mr. President, thank have to itemize deductions on their tax porate tax rate because he knew—and you.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.026 S01NOPT1 S6954 CONGRESSIONAL RECORD — SENATE November 1, 2017 FREEDOM TO NEGOTIATE a shameful capstone on that already have no accountability, now cleaning Labor unions and strong labor laws disgraceful record. those toilets is a minimum wage job. have helped build the middle class in I would say to all of those wealthy Over the last 4 years, though, I have America and protect the rights of people who have plenty of money and seen Shareeka and her coworkers start workers for generations. to all of those corporate executives to rebuild their dreams. She said to In the 1970s, union participation was who get paid in the tens of millions, me: Senator, if I only could get min- around 30 percent, and it was a golden who are desperate to take money away imum wage, I might be able to take my era for the American middle class. from middle-class people whose in- kids out to a restaurant—I never Wages went up. Families had benefits comes are declining, that you are cre- could—or buy them toys for Christmas. and vacations. Parents could pay for ating an anger and a sourness in Amer- I never could do that. college. They could put food on the ica that is hurting our country in so Shareeka joined the union, and they table and have money left over. The many different ways. fought for a $15 minimum wage. In vast, thriving middle class was built on American workers deserve a better some parts of the country, that may the blood and sweat of labor unions and deal, and Democrats are going to offer seem like a lot of money. In New York those who organized the labor unions, it. We are calling it freedom to nego- City, I can tell you that it does not go often at their physical peril, back in tiate. We are offering the middle class, that far. Costs are higher. Shareeka the thirties. and those who are struggling to get was able to quit her second job and Unfortunately, over the last few dec- there, a better deal by taking on com- spend time with her daughters, like all ades, union membership has declined panies that undermine unions and un- parents want to do. Shareeka and her and, along with it, middle-class wages derpay their workers, and beginning to coworkers won a union contract, and and opportunities. In the seventies, unwind a rigged system that threatens now they are able to gain the tools union membership was near 30 percent, every worker’s freedom to negotiate they needed to protect themselves and but it had fallen to just 11 percent of with their employer. do their work in a safer environment. all workers by 2014. That decline is Our plan would, among other things, Shareeka is a metaphor for ‘‘Amer- mostly because the union movement strengthen penalties on predatory cor- ican workers,’’ so many of whom have and, concurrently, the middle class, porations that violate workers’ rights; lost good-paying jobs that have gone with which it is allied, have been under ban State right-to-work laws that un- overseas or that have been closed due attack from big corporate special in- dermine worker freedoms to join to- to automation. When they organize in terests and the conservative movement gether and negotiate; strengthen a these new types of jobs, they can get for the better part of the last three worker’s right to strike for essential the kinds of wages people used to get in decades. It is well funded by a small workplace improvements; and provide the jobs that have gone away. group of very rich and, I might say, millions of public employees—State, It is pretty simple: When workers greedy people, and it is patient. local, and Federal—with the freedom to have the freedom to negotiate with Their goal is to, by any means nec- join a union and collectively bargain their employers, they have safer work- essary—Congress, the courts, what- with their employers. ing conditions, better wages, and fairer ever—break up existing unions and pre- Over the past century, labor unions overtime and leave policies. Shareeka’s vent new unions from forming. They have fought to stitch into the fabric of story is a testament to that fact. will pursue any avenue in order to dis- our economy a basic sense of fairness Our better deal, the freedom to nego- rupt the ability of workers to organize for workers. Each worker left on his or tiate, will do for so many Americans and collectively bargain for a fair her own has no power against the big what Shareeka’s union did for her in share of the profits they create so that corporate interests that employ them, New York. It will turn things around they can make an extra buck. but together unions and workers who for our country. Maybe middle-class These forces will do whatever it unite in unions can have some say. wages will start going up, and maybe takes to keep rigging the system in No one taught me better about the people will start having faith in the fu- their favor, like asking the Supreme lack of fairness than a 32BJ worker I ture again. We Democrats—hopefully, Court to rule on Janus v. AFSCME, a met several years ago at the JFK maybe, joined by a few courageous Re- case backed by the Koch brothers—$40 International Airport, who was named publicans—are going to fight to get it billion each, maybe more; plenty of Shareeka Elliot. When I first met done. money—but they hate giving any Shareeka, she was a mother of two I yield the floor. money to workers. And there is no children who was struggling to make I suggest the absence of a quorum. record evidence of a single lower court ends meet. She was working the grave- The PRESIDING OFFICER. The ruling in its favor. yard shift cleaning the terminals at clerk will call the roll. If anyone doubts the politicization of JFK and serving hamburgers at The bill clerk proceeded to call the the Supreme Court, just look at their McDonald’s during the day. She was roll. being willing to hear this case twice, forced to rely on public assistance Mrs. MURRAY. Mr. President, I ask which comes with a crazy legal theory since she had gotten so little in wages unanimous consent that the order for that a First Amendment basis should from those jobs. She lived in a house the quorum call be rescinded. be used to destroy collective bar- with six other family members to be The PRESIDING OFFICER (Mr. gaining. It is merely designed to elimi- able to pay the rent. She was not a GARDNER). Without objection, it is so nate the freedom of people to come to- freeloader. She was working two jobs, ordered. gether in unions. If the Supreme Court but she got minimum wage and could Mrs. MURRAY. Mr. President, I ask endorses the arguments of Janus, it hardly support herself. She barely saw unanimous consent to speak as in will be a dark day for the American her children and spent most of her free morning business. worker. time in getting to this job—this poorly The PRESIDING OFFICER. Without Chief Justice Roberts, who said he paid, minimum wage job. She had to objection, it is so ordered. would be fair and call balls and strikes, take a bus for 2 hours from East New Mrs. MURRAY. Mr. President, I want in my view, has lost all pretence of York to the JFK International Airport. to thank my colleague Senator BROWN fairness. He wants to keep the Court She was not angry, by the way, as for leading the effort on the floor to nonpolitical, but he keeps pushing she was a churchgoing lady. She had speak out against the latest attacks on cases like this. Since his confirmation, faith in God to provide, but she suf- union rights that are in front of the under Chief Justice Roberts, the Court fered so. Supreme Court right now. I am very has methodically moved in a pro-cor- By the way, 30 years ago, if you had proud to join him to highlight the con- porate direction in its constantly and cleaned bathrooms at an airport, you tributions unions have made to our consistently siding with the big cor- would have been employed by the air- middle class, to the economy, and to porate interests over the interests of lines or by the terminal. But because our country. I want to express my com- workers. Already, it has been the most these companies have learned to farm mitment to stand up against any at- pro-corporate Court since World War out the labor to subsidiaries, to fran- tempts to undermine workers’ rights to II. A decision in favor of Janus will be chises, and to other corporations that join a union and bargain collectively.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.028 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6955 Since day one, President Trump has the rights of working people and why I ing to pay dues that made those efforts broken his campaign promise, which stand shoulder to shoulder with orga- possible. Make no mistake, a decision was to put our workers first, by rolling nized labor. sanctioning this practice would strip back worker protections and putting We must work together to combat away freedom from millions of Ameri- corporations and billionaires ahead of the assault on the protections that cans. It would steal their freedom to our working families, and now we are workers have fought so hard to secure. join together to bargain for better seeing corporate special interests dou- It is more important than ever that we wages, it would steal their freedom to bling down on their attempts to under- here in Washington work to expand join together to insist on worker pro- mine the rights of workers to band to- economic opportunity for hard-working tections, and, ultimately, it would be- gether. So it is critical now more than Americans, many of whom come from a tray middle-class America, which re- ever that we are committed to pro- union home. That means passing labor lies on organizing to effectively nego- tecting our workers and their ability law reform to make it easier, not hard- tiate with powerful corporations. to advocate for safe working condi- er to join a union. That also means ex- Another way we can support our tions, better wages, and a secure retire- panding the use of project labor agree- union workers is by making a serious ment. ments for major construction projects investment in our Nation’s infrastruc- Unions helped create the middle class and opposing efforts to repeal pre- ture, which leads to more good-paying in this country and helped a lot of our vailing wage laws. It also means de- jobs and greater economic opportunity families in the last century become fi- fending the Davis-Bacon Act. The Fed- for working families. Improving our nancially secure. But over the last few eral Government can and should be a Nation’s infrastructure is really just decades, as workers’ bargaining power model employer that encourages com- common sense. That is why I intro- and union density have declined, we as panies to pay fair wages. duced a bill, which was passed into law, a country have seen a decline in the It is important to note the great to cut redtape and reduce delays on middle class and a rise in income in- progress that collective bargaining is construction projects in Illinois and equality in this country. As we all making for all people. More families our surrounding States. Upgrading our know, too many families today are today have two working parents than transportation systems will help Illi- struggling to make ends meet. Mean- ever before, and women’s growing role noisans and all Americans who depend while, corporations’ profits are at an in our unions have increased to nearly on our roads and transit systems to get alltime high. half of the labor workforce. In Illinois to work every day, as well as busi- I will continue to fight back against alone, 44 percent of union workers are nesses that need our airports, high- any attempts by this administration women. The labor movement, which ways, and our freight network to ship and by special interests to rig the rules had a pivotal role in creating national their products. against the people who go to work minimum wage, the 40-hour workweek, I am working each day to support our every day. I will keep fighting for poli- overtime pay, and standards for work- hard-working, middle-class families. cies that will help families save just a place health and safety, is now also im- Through organizing, unions have be- little more in their bank account, pacting women workers and their fami- come champions for working families whether it includes raising the min- lies in a significant way. both in and out of the Federal Govern- imum wage or fighting for equal pay The collective voice that working ment. for equal work or strengthening our Americans have is responsible for im- I thank our union representatives for workers’ rights to seek out and join a proving sick leave and paid family all the work they do for our families, union and bargain collectively. I urge leave policies at the State and local our communities, and our Nation. all of our colleagues who want to help levels. These efforts can also lead to re- Thank you. working families to get ahead to join ducing our Nation’s long-lasting wage The PRESIDING OFFICER. The Sen- me in that effort. gaps between gender and race. Labor ator from Massachusetts. Thank you, Mr. President. unions tend to raise wages and improve Ms. WARREN. Mr. President, last I yield the floor. benefits for all represented workers, es- year, powerful corporate interest I suggest the absence of a quorum. pecially for women, and women of all groups actually stole a Supreme Court The PRESIDING OFFICER. The major racial and ethnic groups experi- seat and handed it over to their hand- clerk will call the roll. ence a wage advantage when they are picked choice, Neil Gorsuch. Now those The bill clerk proceeded to call the in a union. There is still a long way to powerful corporate groups are about to roll. go in the wage gap fight, but unions use that seat to deal a devastating Ms. DUCKWORTH. Mr. President, I are leading the way to make those gaps blow to hard-working teachers, fire- ask unanimous consent that the order smaller. fighters, nurses, and police all across for the quorum call be rescinded. Unfortunately, organized labor is this country. The PRESIDING OFFICER. Without under attack. In Illinois, the anti- On September 28, the Supreme Court objection, it is so ordered. union surge is on the rise. Nationwide, announced that it would hear a case Ms. DUCKWORTH. Mr. President, I so-called right-to-work efforts are called Janus v. AFSCME Council 31. am here to speak out in favor of work- growing. We need to be clear on one AFSCME 31 is a union representing ing families and how we can empower thing: These laws do absolutely noth- public sector workers in Illinois. This American workers to obtain good jobs, ing to strengthen workers’ rights, de- case will determine whether the public to secure a safe retirement after a life- spite their misleading names and rhet- sector unions that represent teachers, time of hard work, and to give them oric. nurses, firefighters, and police officers the freedom to join together to nego- Make no mistake, opponents of orga- in States and cities across the country tiate for better pay and safer working nized labor are well funded and relent- can collect fees from all the employees conditions. less in advancing union-busting cam- in the workplaces they represent. Unions in the United States are im- paigns. We must work together and Many expect that Justice Gorsuch portant for our families and for our Na- challenge these growing dangers to will deliver the deciding vote in that tion’s economy. Organized labor is one America’s middle class. case, that he will force unions to rep- of the greatest forces driving the mid- The U.S. Supreme Court will soon de- resent employees who do not pay dues dle class, which is especially important cide a case that could determine the fu- and, in doing so, cut off sustainable for our veterans and members of the ture of American unions. A slim major- funding for public union organizing. military. Union jobs help provide our ity of conservative Justices may hand Judges are supposed to be impartial, servicemembers and veterans with the down an anti-worker decision that but there is no reason to expect that economic opportunities that they have would dramatically undo existing Justice Gorsuch will be impartial in earned. Union jobs help working moms precedent and sabotage the ability of this case. On the afternoon of Sep- and dads put food on the table, and unions to effectively represent hard- tember 28—the very same day that the union jobs help power the engine of our working, everyday Americans. Workers Supreme Court announced that it economy—our middle class. That is should not be able to reap all the bene- would hear the Janus case—Justice why I am working every day to protect fits of union negotiations while refus- Gorsuch attended a luncheon at the

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.029 S01NOPT1 S6956 CONGRESSIONAL RECORD — SENATE November 1, 2017 Trump International Hotel. And he Powerful interests invested vast Workers already have the right to de- didn’t just attend an event at a hotel sums of money in electing President cide whether to join a union. They that makes money for the President. Trump, and with each of his anti-work- have the right to decide. It is common Nope. He gave the keynote speech for a er actions, their investments are pay- sense that if these workers benefit rightwing group funded by one of the ing off. Powerful interests also spent from the higher wages and better work- Koch brothers and by the Bradley vast sums of money to push Federal ing conditions that result from con- Foundation—billionaires and wealthy judges who will tilt our courts even tract negotiations undertaken by the donors who are pumping money into further in favor of billionaires and big union, that those workers should have the people behind the Janus case. businesses. to chip in for the cost of these negotia- It is no surprise that these rich guys They did it when they spent millions tions. That is just fair. These negotia- want to break the backs of unions. of dollars to hold open a Supreme tions get results and they benefit After all, unions speak up, unions fight Court seat for over a year. They did it workers. They benefit workers who are back, and unions call out billionaires when they spent millions more to pro- in the union and benefit workers who who rig the system to favor themselves mote Neil Gorsuch to fill that seat. are not in the union. and to leave everyone else in the dirt. Now that the Court is poised to deliver The right to bargain collectively has What is at stake in the Janus case is a massive blow to public sector unions been an integral part of raising income basic freedom—the freedom to build and workers, their investment is pay- and growing the middle class over the something strong and valuable, the ing off big time. course of the last century. Being able freedom to have a real voice to speak The stakes here couldn’t be higher. to organize and bargain collectively al- out, the freedom to build a future that Millions of teachers, nurses, fire- lows workers to demand higher wages doesn’t hang by a thread at the whim fighters, and police officers are looking and salaries and of course boost their of a billionaire. And just as the Su- to the Court for a fair hearing of the incomes. These workers have more preme Court decides to take up a deci- case. They are holding out hope that money to provide for their families, to sion that puts the freedom of millions their freedom to come together and to increase consumption, which in turn of working people in jeopardy, Justice stand up for themselves in the work- increases both production and employ- Gorsuch shows up as the star attrac- place, their freedom to fight for higher ment. Putting more money in the tion for a billionaire-sponsored outing wages, their freedom to fight for more hands of workers is good for workers to celebrate an organization that is generous benefits, and their freedom to and for the country. sponsoring an operation to put work- fight for a better future for themselves Over the last several decades, we ers’ freedom on the chopping block. and their children will be preserved. have seen the balance of power across With this kind of brazen disregard for Unless we make real change, working our Nation tilt more and more in favor fairness and impartiality, it is no won- people are just going to get kicked der that Gallup Polls have found that of the wealthy and the largest cor- again and again, and we can make porate interests at the expense of fewer than half of all Americans ap- change. We can make the change right prove of the way the Supreme Court is working Americans. here in Washington. We can stand up The Supreme Court has not been im- now handling its job. In a shameless and fight for our democracy, and we mune from this trend. Under Chief Jus- decision to abandon even the appear- can start by demanding that everyone tice Roberts, the Court has become an ance of neutrality, Justice Gorsuch in our government is accountable, in- makes it clear that he is on the attack ever more reliable ally for big corpora- cluding the President of the United tions. A major study published in the against American unions and American States and the Supreme Court of the workers. Minnesota Law Review in 2013 found United States. that the four conservative Justices In the Trump administration, work- Thank you, Mr. President. ers have been under repeated attack. currently sitting on the Court—Jus- I yield the floor. tices Alito, Roberts, Thomas, and Ken- Since taking office, President Trump I suggest the absence of a quorum. has signed several laws sent to him by The PRESIDING OFFICER. The nedy—are among the six most busi- the Republican Congress, laws that di- clerk will call the roll. ness-friendly Supreme Court Justices rectly undermine the wages, benefits, The bill clerk proceeded to call the since 1946. So four of the six most busi- health and safety of American workers. roll. ness-friendly are serving on the Court In just 10 months, they have rolled Mr. CASEY. Mr. President, I ask at the same time. back rules designed to make sure that unanimous consent that the order for A review by the Constitutional Ac- Federal contractors don’t cheat their the quorum call be rescinded. countability Center—which is an ongo- workers out of hard-earned wages. The PRESIDING OFFICER. Without ing review and is updated with every They have delayed safety standards objection, it is so ordered. case the Supreme Court decides—shows that keep workers from being exposed Mr. CASEY. I also ask unanimous the consequences of the Court’s cor- to lethal, carcinogenic materials. They consent to speak as in morning busi- porate tilt, finding that the chamber of have given shady financial advisers ness. commerce has had a success rate of 70 more time to cheat hard-working The PRESIDING OFFICER. Without percent in cases before the Roberts’ Americans out of billions of dollars in objection, it is so ordered. Court—a significant increase over pre- retirement savings, and the list goes Mr. CASEY. Mr. President, 40 years vious courts. on. ago, the U.S. Supreme Court ruled that These are all critical cases. These are This is a democracy, and in a democ- nonunion public workers who benefit cases of critical importance to every- racy, the government in Washington is from the work conducted by a union to day Americans. These are cases involv- supposed to work for the people who negotiate contracts that they benefit ing, for example, rules for consumer sent us here. So why is it that the Fed- from should have to pay a fee to cover contracts, challenges to regulations en- eral Government seems to be working costs associated with this work. If all suring fair pay and labor standards, at- against the interests of 150 million workers benefit, it is only right that tempts by consumers to hold compa- Americans who work for a living? Well, everyone contributes a fair-share fee. nies accountable for product safety, there is one reason—money. However, in recent years, there has and much more. Money slithers through Washington been a well-funded effort by special in- Well-funded corporate special inter- like a snake. Its influence is every- terest groups backed by corporate bil- ests do not have the best interests of where. There are obvious ways that we lionaires to dismantle unions and si- working families at heart. They are know about—the campaign contribu- lence the voice of workers. There have pushing these efforts to reduce their tions from giant corporations and their been a number of attempts to overturn bottom line by reducing the incomes of armies of lawyers and lobbyists—but it the 1977 decision in Abood v. Detroit working families. is also the think tanks and the bought- Board of Education. Other efforts have That is why we are standing today to and-paid-for experts who are funded by targeted State legislatures where they make sure that the voice of working shadowy money, whose point of view have had success in many States. In Pennsylvanians and Americans are seems always to help the rich and pow- other States like Pennsylvania, these heard. To increase incomes and erful get richer and more powerful. efforts were blocked. strengthen the middle class, we need to

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.031 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6957 stop the assault on workers and labor son for this rule was fairly straight- I suggest the absence of a quorum. unions, whether it happens in Congress forward: We should not be sending tax- The PRESIDING OFFICER. The or in State legislatures or, indeed, in payer dollars to employers that can’t clerk will call the roll. the U.S. Supreme Court. keep their employees safe or that cheat The senior assistant legislative clerk I yield the floor. them out of their hard-earned dollars. proceeded to call the roll. I suggest the absence of a quorum. Yet Republicans repealed the rule. Mr. BROWN. Mr. President, I ask The PRESIDING OFFICER. The Now, across the country, we are see- unanimous consent that the order for clerk will call the roll. ing a wave of so-called right-to-work the quorum call be rescinded. The senior assistant legislative clerk legislation, which in practice means The PRESIDING OFFICER (Mr. LEE). proceeded to call the roll. you can work more hours for less pay. Without objection, it is so ordered. Mr. PETERS. Mr. President, I ask In Michigan we are seeing the impact Mr. BROWN. Mr. President, I wish to unanimous consent that the order for of this misguided legislation. thank my colleagues for joining me on the quorum call be rescinded. Supporters of these policies told us the floor today to stand with American The PRESIDING OFFICER. Without that wages and job growth would in- workers. We organized a group of close objection, it is so ordered. crease if Michigan just passed laws to to a dozen Senators who have heartfelt Mr. PETERS. Mr. President, I rise crack down on union membership. and strong views about the dignity of today to speak in proud support of Well, Michigan has the law, but work- work, who understand so well that America’s workers—the men and ers and their families aren’t seeing any workers are working harder and smart- women who build our cars and our of the promised benefits. er but earn less and less money, in homes, who move American-made In the years since passage of the law, spite of their hard work, in spite of products across oceans, lakes, and the economic data clearly shows that, their commitment. highways, who teach our children yes, corporate profits are up but not I have been joined on the floor al- every school day, who take care of our wages. In fact, when comparing Michi- ready by Senator SCHUMER from New families when they get sick, and who gan to States that haven’t attacked York, Senator MURRAY from Wash- keep us safe in our communities. I have union membership, studies suggest ington State, Senator DUCKWORTH from seen firsthand the importance of that we have fallen behind pro-union Illinois, Senator WARREN of Massachu- unions, both in my home State, where States when it comes to worker pay. setts, Senator CASEY from Pennsyl- I grew up, and across the country. I am deeply concerned by the ongoing vania, and Senator PETERS from Michi- This is deeply personal for me. My fa- efforts to implement national anti- gan, and speaking after I speak will be ther Herb was a public school teacher union laws, including the Janus v. Senator WHITEHOUSE of Rhode Island and an active member of the Michigan AFSCME case that the U.S. Supreme and Senator MERKLEY of Oregon and Education Association. My father-in- Court will rule on in the very near fu- Senator DURBIN of Illinois. I thank law Raul was a proud member—and ture. A negative ruling in this case them for standing up for American continues to be a proud member—of would be a huge loss for American workers. the United Auto Workers. workers and would undermine the right People in Ohio and around the coun- My mother Madeleine found eco- to collectively bargain. try, as I said, work harder, and they nomic opportunity as a nurse’s aide. As We should be doing everything we work longer than ever, but they have part of providing the best care possible can to support American workers and less and less to show for it. Over the to patients, she fought for a better their right to fight for better working last 40 years, GDP has gone up, cor- workplace for her colleagues, and then conditions, fair pay, and the ability to porate profits have gone up, executives’ she went on to help organize her work- care for their families. Instead of at- salaries have gone up all because of the place. She later served as a union stew- tacking our Nation’s labor unions, we productivity of American workers. ard with the SEIU. should be celebrating them. Again, GDP goes up, corporate profits My parents raised me in a middle- For generations, unions have helped go up, executive salaries explode up- class, union household. They instilled America build the world’s most robust ward. Workers are more productive, in me the need, both, to stand up for middle class and a powerful economy, but workers have not shared in the eco- rights and to never take those rights second to no other nation. Unions have nomic growth they have created. Hard for granted. not only helped workers to take home work just doesn’t pay off like it did a Standing together for fair wages, more pay and have a safe place to generation ago. safer workplaces, and better hours, work, but they have also built commu- It is no coincidence that over that Michigan’s strong labor movement nities. Unions teach their members val- same timeframe, we have seen attack built the American manufacturing sec- uable skills and help them earn a se- after attack after attack on the labor tor and a middle class that made the cure retirement and have quality movement. Corporate special interests United States a global economic pow- healthcare. have spent decades stripping workers erhouse. Big corporations are not trying to of their freedom to organize for fair My parents and their fellow union undermine unions because they are wages and for benefits. The case the members embraced the union values looking out for newly hired employees. Supreme Court just agreed to take up, that built Michigan: the ability to earn They are fighting against unions be- Janus v. AFSCME, is yet another at- a good life where you grow up, hard cause of what unions stand for—the tempt to chip away at workers’ power work, fairness, and looking out for right to collectively bargain for better in the workplace. your neighbor—whether it is your pay, increased workplace safety, hard- These are public service workers. neighbor on the assembly line or in earned retirement benefits, and quality These are public schoolteachers, librar- your neighborhood. These are not just healthcare. ians, police officers, school nurses, fire- union values. These are American val- I ask my colleagues to take a mo- fighters, and postal workers. They are ues, and I learned to cherish them at a ment to consider our history and the not looking to get rich in these jobs. very young age. Now, I am sorry to hard-working men and women who They are just looking to be paid what say, these values are under attack, and built this great Nation of ours. Union they earn, the same as any other work- I can’t help but to take it personally. members are our neighbors, our fire- er in this country. This year we have seen new and un- fighters, our police officers, our teach- Make no mistake, an attack on pub- precedented attempts to undermine our ers, our nurses, our brothers and sis- lic sector unions is an attack on all Nation’s workers and their ability to ters, our moms, and our dads. They unions. An attack on unions is an at- collectively bargain. Earlier this year, build our cars, our homes, and our in- tack on all workers, whether they be- my Republican colleagues passed legis- frastructure. long to a union or not, and I mean all lation to repeal Federal rules that sim- I urge all of my colleagues to honor workers, whether you punch a time- ply required businesses to disclose pre- these men and women by opposing any clock or whether you fill out a time- vious workplace safety and fair pay and all efforts to expand harmful poli- sheet or swipe a badge, whether you violations before they could contract cies designed to undermine American make a salary or earn tips, whether with the Federal Government. The rea- workers. you are on payroll, a contract worker,

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.032 S01NOPT1 S6958 CONGRESSIONAL RECORD — SENATE November 1, 2017 a temp, working behind a desk, cutting My legislation, the Patriot Corpora- leagues think: Well, you know, people hair, working on a factory floor, or tion Act, says if corporations do the have paid vacations and people have working behind a restaurant counter. I right thing—if they pay their workers paid sick leave. Well, much of the mean all workers. well, if they pay benefits, if they do the country doesn’t, No. 1; and No. 2, those The fact is, all workers across this kinds of things American corporations who do often have that because they country—as profits go up, as GDP goes should do—then they get a lower tax had a strong union—a union that nego- up, as executive compensation goes up, rate because they have earned it. tiated sick leave pay for them, a union as workers get more productive, all We seem to have forgotten that all that negotiated vacation days for workers across this country are feeling work has dignity. We have forgotten, them, a union that negotiated family squeezed. Work doesn’t pay off the way as the Pope said, that ‘‘the person leave for them, and then, when those it used to. thrives in work. Labour is the most workers at a company get it, the other We have seen what happens when common form of cooperation that hu- nonunionized workers and companies workers have no power in the work- manity has generated in its history.’’ get it, and then those companies com- place. Increasingly, corporations view Think about that. ‘‘Labour is the most pete with other companies. American workers as a cost to be mini- common form of cooperation that hu- So the fact is—there is a bumper mized instead of a valuable asset in manity has generated in its history.’’ sticker that says: ‘‘If you enjoy your which to invest. What Washington and Wall Street weekend, thank a labor union.’’ Look at the news we got last month. don’t seem to understand is that work- Labor unions brought to this country This piece of news, when I mention this ers drive our economy, not corpora- things like weekends and more leisure to some of my colleagues, when I men- tions. You focus on the middle class, time and decent pay and all that. That tion it around the State of Ohio, peo- you grow the economy from the middle is why unions matter. That is why this ples’ mouths drop. The Bank of Amer- out, not cut taxes on the richest people decision in the Supreme Court matters. ica, Merrill Lynch downgraded the fast and expect the money to trickle down If the Supreme Court rules against food restaurant Chipotle because the into more money in workers’ pockets AFSCME, it will starve the union for company pays its workers too much. and more people are hired. You grow resources they use to organize and Remember what happened with the economy by treating workers well, grow and advocate for more workers. American Airlines a few months ago. by investing in workers. That is why At the risk of being disrespectful, it American Airlines announced it was we need unions to ensure that we would be nice if those nine members of doing a companywide pay increase, and spread economic growth to the people the Supreme Court would follow the the stock market punished them by creating it, to the people working too admonishment of Pope Francis, the knocking their stock down. Imagine many hours for too little pay. words of Pope Francis, who admon- that. So when a company wants to do I think about workers like Stephanie ished his parish priests to go out and the right thing, Wall Street says: No, in Columbus. She has worked for 25 smell like the flock. Find out where you are not going to do the right thing. years as a childcare attendant for stu- people live and work. Find out what Wall Street is saying: We want all the dents with special needs. She wrote, people do. money. Don’t give any of this money to saying: ‘‘Every day I wake up before Find out the living conditions of peo- workers—workers making $10 or $12 or the sun rises to prepare for three daily ple. $15 an hour. Think about that. Wall shifts aiding students with special Abraham Lincoln in the White House Street and Merrill Lynch didn’t say needs on their way to and from one day was talking to his staff. His they paid their workers too little, they school.’’ staff said: You have to stay here in the paid their workers too much. That is That is the person whom—because White House. You have to win the war. why the labor movement matters. she belongs to a union, that is the per- You have to free the slaves. You have Pope Francis spoke about how unions son whom corporate America, that the to preserve the Union. perform ‘‘an essential role for the com- rightwing of the Republican Party Lincoln said: No, I have to go out and mon good.’’ He said that the labor wants to attack? That is the kind of get my public opinion baths. movement ‘‘gives voice to those who person—Stephanie in Columbus—they It could be important if the Chief have none . . . unmasks the powerful want to attack? who trample on the rights of the most She worries that cases like this that Justice of the Supreme Court—who has vulnerable workers, defends the cause undermine her union ‘‘could severely an Ivy league education, went to the of the foreigner, the least, the dis- limit our voice on the job and hurt our best colleges and the best law schools, carded.’’ ability to best serve the children we grew up in a wealthy family, has done I just had the pleasure, for the last care so much about.’’ She said: very well as a professional, and is a few minutes in my office, to speak with ‘‘Unions provide a pathway to the mid- very smart man—if he would go out Bishop Murry of Youngstown, OH, and dle class for all people.’’ and smell like the flock, if he would go we were talking about the Pope and Think about a janitor I met in Cin- out and get his public opinion bath, about steelworkers in Youngstown and cinnati. I was speaking at a dinner. maybe he would hear some stories, as I about the struggles of workers and There was a table down front with have heard in my time in the Senate. wages and layoffs and all the things seven middle-age women—a pretty di- He would hear stories from people that have happened to—where the verse group. There was one empty seat who talk about how important it is winds of globalization have buffeted at the table. It was told to me by some that Stephanie has union protection. the workers in that community. Bishop others that this group of women were He probably has never really thought Murry, as does Pope Francis, under- janitors, custodians in downtown Cin- much about the fact that janitors, who stands what too many in this town cinnati, southwest Ohio, and these have worked 30 years as janitors—35 don’t; that workers feel invisible, en- women had signed their first union years for some of those women—but tire communities feel invisible. They contract with downtown Cincinnati never had a paid day off, never had a feel like they are getting used and business owners. So there were 1,200 paid vacation. He might learn some- abused and some other words I can’t janitors working in these downtown thing from them and think a little dif- say on the Senate floor. businesses—in these big buildings ferently about this. What, exactly, is the point of cre- downtown—and they had signed their If the Supreme Court rules against ating economic growth if workers don’t first union contract. AFSCME, it is the opposite of what we share in it, if ordinary families still I asked if I could sit at their table, need. We should be making it easier, can’t get ahead? and they said yes. I said to the woman not harder, for workers to come to- Everybody here loves to talk about next to me: What is it like to have a gether and negotiate. That is why, this tax reform and bring the corporate rate union? week, I am introducing legislation to down, but nobody is talking about pay- She said: I am 51 years old, and this strengthen the National Labor Rela- ing workers more or giving workers is the first time I will have a 1-week tions Act, to make it harder for em- more job security or what we should be paid vacation in my life. ployers to deny workers the freedom to doing—in working with companies and Think about that. We don’t think—I collectively bargain by playing games creating good jobs. am guessing that most of my col- with their job titles and classifications.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.034 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6959 Instead of stacking the deck even fur- ground States. This was not an easy But in the meantime, you have had ther in favor of corporate CEOs, we plan because, in some cases, they had election after election in which the ef- need to make it easier for workers to to spend millions of dollars to win one fect at the polls was had. organize. That is how we make hard or two State legislative seats, so they They couldn’t have been more wrong work pay off. could then control the State legisla- about the notion that if you lifted the I suggest the absence of a quorum. ture, so they could then change the dis- preclearance requirement, everybody The PRESIDING OFFICER. The tricts consistent with the bulk gerry- was going to be fine. Those were just clerk will call the roll. mandering scheme. the bad old days; it was a whole new The senior assistant legislative clerk The result is what happened in America; racism didn’t exist; efforts by proceeded to call the roll. States like Senator BROWN’s, where, one party to keep the other parties Mr. WHITEHOUSE. Mr. President, I when he was reelected, he was on the away from the polls weren’t anything ask unanimous consent that the order ballot with President Obama, who was to worry about. Move along, move for the quorum call be rescinded. also reelected, and the majority of the along; nothing to see here, folks. They The PRESIDING OFFICER. Without votes cast in his State for Members of were just plain dead wrong. They had objection, it is so ordered. Congress were cast for Democrats, but absolutely no clue, and they have been Mr. WHITEHOUSE. Mr. President, against that background, many more proven dead wrong since. But, again, the Janus decision coming up in the Republicans than Democrats actually both of those cases were 5 to 4, all Re- U.S. Supreme Court, which Senator went to Congress in that election. publicans together. BROWN has just spoken about, is one A similar thing happened in Pennsyl- Then, of course, the big whammy that merits the attention of people who vania. My recollection is that on the came when the big special interests are concerned about the country and same set of facts, Senator CASEY, a that so often are the core backers of the Court. Democrat, was reelected; President the Republican Party decided that they I wish to make two points in my re- Obama, a Democrat, was reelected; a felt really constrained by having to marks. The first has to do with the majority of Pennsylvania votes were live under campaign finance limits. very difficult to explain—or at least cast for Democratic Members of Con- They wanted to be able to spend unlim- very difficult to comfortably explain— gress; the delegation was 13 Repub- ited money in elections. Well, that is pattern of 5-to-4 decisions of the U.S. licans and 5 Democrats. Somebody is fine. It reminds me a little bit of the Supreme Court, in which the five con- messing around, and it was a 5-to-4 Re- story of the French philosopher who sist entirely of Republican appointees. publican Supreme Court that opened touted the majesty and equality of the The Supreme Court makes a lot of that can of worms and unleashed French law, which forbid both rich and poor alike from sleeping under bridges decisions, of course. But there is some- REDMAP on the political landscape. thing that is particularly interesting They have a chance to review that and begging for bread. Well, guess who actually sleeps under bridges and begs about the 5-to-4 decisions, where the now. Senator MCCAIN has written a bi- five Republican appointees line up and partisan brief asking them to wake up for bread. It is not rich and poor. And roll the other appointees. When we and smell the coffee about what has guess who can take advantage of a rule start looking at those decisions, there gone wrong here. We will see if they do that you can spend unlimited money in are some really significant patterns or not, but, clearly, that was a decision politics. Only those who meet two con- ditions: One, they have unlimited that emerge. The first pattern goes to that benefited the Republican Party’s money to spend, and, two, they have a issues in which the court is treading polls, and, clearly, it was 5 to 4. into the world of politics. Then you go to the Voting Rights good reason to spend it. In other words, Bear in mind that when Sandra Day Act cases. There were two of them. In really big special interests. The Court’s decision, presuming that O’Connor left the Court, it lost its only the first one, Bartlett v. Strickland, this spending was going to be either member who had ever run for office. the five Republican members teed up a independent or transparent, has been What Justice O’Connor left behind was new standard, which they mentioned, turned into a mockery by events since. the first Court in the history of the but they didn’t really act on it. Then, They obviously did not know what they United States that had exactly zero ex- when it came to the home run pitch, were talking about. Facts have borne perience with elections and politics. Shelby County v. Holder, they created out that they did not know what they There has never been as ignorant and this new theory about which very con- were talking about. They were com- green a Court in the history of the servative judges, like Posner, said that, pletely dead wrong. United States when it comes to poli- basically, it stands on thin air. It has Interestingly, since then, despite the tics; yet there has rarely been a Court no basis whatsoever in any real legal presumption of their decision having so flagrantly eager to jump into poli- theory. They knocked out the part of been cut completely out from under- tics and make very consequential deci- the Voting Rights Act that requires neath it, the Court has shown no inter- sions. States with a wretched history of est in a correction. They have shown When we look at the 5-to-4 deci- abuse of minorities and Democratic no interest in correcting their error. sions—which I think are probably the voters at the polls to get preclearance They seem completely happy, the 5 to bulk of those—each one aligns with the from the Department of Justice or 4—the five Republican appointees— political interests of the Republican from a court before they can change completely happy to have the land- Party—each one. It is not one or two or their State laws to scare people or keep scape of American politics polluted even three. It goes on and on and on. people away from the polls. with this money. The oldest one in the series is prob- With that knocked out, guess what. There again, it wasn’t just one deci- ably Vieth v. Jubelirer, which was the All these legislatures across the South sion. It was a bunch of them. Citizens decision in which the five Republicans went straight to work. They passed law United was the big one; Tradition Part- said: This whole gerrymandering thing after law after law to deny people ac- nership, Inc. v. Bullock another; is just too difficult for us. We are going cess to the polls, and over and over McCutcheon v. FEC yet another; Davis to declare open season. There is going again, the courts that reviewed those v. FEC yet another; Arizona Free En- to be no judicial remedy. We can’t fig- and the appellate courts that reviewed terprise Club’s FreedomClub PAC v. ure out one, so we don’t have one. the district court decisions found that Bennett yet another—all 5 to 4, all the It is not just me who is saying that. the laws had been intentionally dis- Republicans lining up, all throwing out The ABA section on election law said criminatory, that the legislature had precedent or laws that had stood for 100 in its volume: Look, basically, it is intended to keep people away from the years. game over for court review of gerry- polls, that they had intended to dis- So Janus fits right into this pattern mandering. What immediately hap- criminate against Democrat and mi- of 5-to-4 decisions. Indeed, it is actu- pened after that was the Republican nority voters, and that they had chosen ally a little bit worse because some- Party went to work with that green- to do that deliberately. thing weird happened early on when light signal and did the REDMAP Of course, you can go back after all one of those 5 to 4—the Republican five project, which created massive, bulk that litigation and clean it up and try Justices on the Supreme Court—sig- gerrymandering through the battle- to get the laws stricken and all of that. naled to the corporate supporters of

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.037 S01NOPT1 S6960 CONGRESSIONAL RECORD — SENATE November 1, 2017 this ideology that he was interested in into court with the belief that the called Janus v. AFSCME. It is the very taking a whack at unions in a par- judges you are going to argue before epitome of the principle of a nation so ticular way. are prejudged against you. The con- corrupted that it honors the opposite There is a pet peeve of the union- fidence that Carvin must have had to of what our Constitution stands for. busting rightwing and the corporate want to lose a case deliberately below The sole purpose of this case, Janus sector, which was a decision from 1977 so that he could hightail it at high v. AFSCME, is to undercut the ability called Abood v. Detroit Board of Edu- speed up to a court that he knew was of workers to organize. This is an as- cation. That decision allows unions to going to rule his way because they told sault on the freedom of working Ameri- collect some dues from nonmembers on him they would—that is not American cans to associate with their coworkers. the grounds that their work for their justice in the way it should be deliv- It is an assault on the freedom of work- members has benefit to other members. ered. ing Americans to negotiate a fair wage. So you break out their wages work, As it turned out, they took up the It is an assault on the freedom of which helps everybody, from their po- case. It was called Friedrichs. It was Americans to fight for fairer benefits litical work, which you can going to be 5 to 4, just as expected, and and a safe workplace. Bottom line: It is disaggregate from, and it allows you to then Justice Scalia unexpectedly an assault on the freedom of workers collect certain dues—not complete passed away. If you read about how the to participate in the wealth they work dues, but certain dues—from nonunion press took that, it was very clear that so hard to create. members. What Abood did was to help the fix had been in on this case. unions keep revenues from the service In short, this is the right to exploit ‘‘Corporate America had high hopes,’’ the that our Supreme Court—majority of that they give to nonmembers who Journal said, because ‘‘the Supreme Court benefit from their work. Without that five—is so determined to elevate. I appeared poised to deliver long-sought con- have read the Constitution, and I have rule, employees would be encouraged to servative victories.’’ be free riders and just get the benefit of never seen embedded in it a right to ex- Since when should a court be poised ploit, a right to cheat, a right to take what the union is doing without mak- to deliver long-sought conservative ing any contribution to support it advantage of. Yet here is the majority victories, not fair, dispassionate adju- of the Court prepared to fight for ex- whatsoever. Of course, if that were to dication? But that is the reporting of happen, the balance of power between ploitation on behalf of the 1 percent of the friendly Wall Street Journal. And Americans at the very top. corporations and unions would shift those long-sought conservative vic- The key strategy in this case is to at- further toward corporations. tories were going to take the form of tack the finances of workers when they The story is told quite well in the ‘‘ ‘body blow[s] that business had organize. Former President Jimmy New York Times by a reporter named sought against consumer and worker Carter once said: ‘‘Every advance in Adam Liptak, who is a Supreme Court plaintiffs.’ The cases ‘had been care- this half-century—Social Security, reporter. I will read his story. fully developed by activists to cap- civil rights, Medicare, aid to education, In making a minor adjustment to how pub- italize on the court’s rightward tilt.’ ’’ lic unions must issue notifications about one after another—came with the sup- Come on. This is not adjudication their political spending, Justice Alito di- port and leadership of American any longer; it is just the exercise of po- gressed to raise questions about the con- labor.’’ It has been workers banding to- litical power. And these 5-to-4 partisan stitutionality of requiring workers who are gether to say: We can create a better not members of public unions to pay fees for decisions by the Supreme Court are de- foundation for families to thrive. And the unions’ work on their behalf. . . . Justice grading the reputation of the Supreme that hasn’t just created a better foun- Sonia Sotomayor saw what was going on. Court, they are degrading the integrity dation for those who belong to unions; ‘‘To cast serious doubt on longstanding prec- of the Supreme Court, and they are de- edence,’’ she wrote in a concurrence, ‘‘is a it has created a better foundation for grading the role of the judiciary in our step we historically take only with the all workers. We saw them successfully vaunted scheme of constitutional gov- greatest caution and reticence. To do so, as band together and fight for a 40-hour ernment in the United States of Amer- the majority does, on our own invitation and workweek, fight for minimum wage, without adversarial presentation is both un- ica. fair and unwise.’’ With that, I yield to my distin- fight for sick leave, and fight for Michael A. Carvin, a leading conservative guished colleague from Oregon. healthy and safe working conditions— lawyer, also saw what was going on. He and The PRESIDING OFFICER. The Sen- again, benefits that every worker en- the Center for Individual Rights, a liber- ator from Oregon. joys because workers were able to orga- tarian group, promptly filed the challenge nize and fight to receive and win these Justice Alito had sketched out. Mr. MERKLEY. Mr. President, our Nation was founded on a powerful prin- provisions. I would say that he had invited. ciple encapsulated by the first three What is really going in the Janus Indeed, Mr. Carvin asked the lower courts words of our Constitution: ‘‘We the case? Any organization, in order to to rule against his clients, a Christian edu- function, has rights and responsibil- cation group and 10 California teachers, so People.’’ We are meant to be a nation, they could high-tail it to the Supreme Court. in the words of Abraham Lincoln, ‘‘of ities. Rights are the rewards you get for participating, and responsibilities Let me interrupt my reading of the the people, by the people, and for the are the requirement that you be part of story for a second and make the point people,’’ not a nation by and for the the team and you contribute to the ef- that this lawyer wanted to lose his most powerful, not a nation by and for fort. case in the lower courts. It is rare for the most privileged. Yet time and time lawyers to go into a court wanting to again, we are seeing a complete and When I was small, probably just 2 or lose. You have to have kind of a weird total corruption of the vision of our 3 years old, my mother had a book she motive to take a case into court that Constitution. would read to me that involved the ani- you want to lose. The obvious motive We saw this earlier this year with mals in the barnyard. Animal after ani- here is that Mr. Carvin had heard the one TrumpCare bill after another de- mal was asked to participate in mak- signal from Justice Alito that he was signed to rip healthcare away from 20 ing the bread, and animal after animal willing to rule his way if he would just to 30 million Americans to deliver tax turned it down, but when the bread was bring the right case. So it didn’t mat- giveaways to the richest in America. baked, they wanted a full share even ter whether he won or lost. Losing is We have seen it just recently in the though they had refused to participate actually quicker. It gets you right up consideration of a budget that reversed in the effort to create it. This is what to the Supreme Court. He is not inter- that and said that in order to give $4.5 Janus is all about. It is about the right ested in litigating the matter truly on trillion of tax giveaways almost en- to the rewards, divided from any re- the merits; he is only interested in get- tirely to the richest Americans, we will sponsibility to get the work done. ting as quickly as possible to the Su- take $1 trillion out of Medicaid and When workers organize, they say: We preme Court. Why? Because he knew half a trillion out of Medicare. We have are going to have to be able to have the that 5 to 4, he would get the right deci- seen this powerful conversion of stand- finances to drive this organization, and sion. ing our Constitution on its head, and to do that, we need to have every work- When you are a lawyer, the most now we have the Supreme Court fully er contribute a fair share. Those fair sickening feeling you can have is to go participating in this effort in a case share fees mean that all the workers

VerDate Sep 11 2014 04:30 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.038 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6961 are in it together, they are all contrib- what? Let’s undercut the American for workers, and she called a spade a uting, and they all benefit from the re- worker by making our goods overseas spade. The right to exploit is not a wards. in China and importing them. That right that any Member of this body Forever, the courts have said: Yes, way, we will demolish the jobs here in should pursue, and it certainly should with the reward goes the responsi- America, and we, the company, will not be pursued by the Supreme Court. bility. That is true of any organization. have made things at the lowest price in We know that there is a chapter 2 to It is fundamental in how organizations the world, have sold them at the world this strategy. The first is to get the work. If you don’t show up here on the market price, and have made a lot Supreme Court so that you can divide floor, you don’t get to vote. Every or- more money. This strategy worked for the rights from the responsibilities; ganization has its responsibilities that the multinational companies. They therefore, you as a worker do not have go with its rewards. But the 1 percent made vast sums of money for their to contribute to the cost, but you will have chosen a strategy that says: We stockholders and for their executives. benefit from the rewards. Pretty soon, will take one organization in Amer- This application of different rules for very few people will be contributing; ica—and that is workers organiza- foreign workers and domestic workers therefore, it will undermine the finan- tions—and we will drive an absolute really gave a huge advantage to our cial ability of the union to negotiate. wedge between the responsibility and competitor overseas and to a company Then they have a second strategy. the reward. that spanned both shores and could This fundraising letter was sent out These fees that we are talking about, move its production overseas. So we last year by the State Policy Network. these fair share fees, are not fees that saw the loss of 50,000 factories; we saw By the way, the State Policy Network go to political purposes. They don’t go the loss of 5 million factory jobs; we is an alliance of 66 State-based think to donations to candidates. They don’t saw the loss of an enormous number of tanks that are designed and funded by go to organizing campaigns walking supply chain jobs; and we saw, without the Koch brothers and their friends to door-to-door for candidates. They don’t those payrolls being spent in the com- undercut the ability of workers to get go to advertising on the television or munity, an enormous loss of retail jobs a fair share of the wealth that they the web. They are simply the cost of in the community, but it made the create. They said: Here is our plan to having a team that works to negotiate defund and defang our opponent, the an agreement with a company. wealthy wealthier, and that was the I find it absolutely evil that a major- goal of the strategy. unions—to deal a blow to the left’s ity of the Supreme Court is excited So here we are, facing this case that ability to control government. about embracing this right to exploit will come before the Court later this Ah, they are fancy words, but what other workers by saying in this one year, but the members of the Court they really meant was our goal is to case in America, you get the rewards have, essentially, already declared take and undo the ability of workers to without the responsibilities. If the their positions. Four members of the organize so as to get a fair share of the Court was applying that to a stock- Court were on the previous version of wealth they create. It is one evil act holder in a company, the equivalent this when the Court tied 4 to 4, and after another that is funded by the would be to say that the stockholder Neil Gorsuch, who was added to the Koch cartel. doesn’t have to contribute to the costs Court, has been very clear on which In our Nation, we have stood up to of the management of the corporation, side of this he stands. this type of abuse time and again. The so they can demand back their share of Should we put an asterisk by Neil American historian who created the what the management spends on their Gorsuch’s name? Should a 5-to-4 deci- phrase the ‘‘American dream’’ said, in salaries, on their office spaces, on their sion, with Gorsuch being in the major- each generation, there is a group of private jets, and on their trips to do ity, even carry weight here in our soci- Americans who rises up to take on the whatever they do, of the time they ety? This is the seat that for the first forces that appear to be overwhelming spend negotiating acquisitions to build time in U.S. history was stolen from us. We need to call on the people of the the size of the company or striking one President and delivered to another. United States who believe in the vision deals to sell their products. That would The majority of this body right here of our Constitution, to be that group to be the equivalent, that a stockholder stole the seat, undermining the integ- rise up and take on this effort to turn gets the rewards of all of that negotia- rity, dishonoring the oath, the respon- our Constitution on its head—to strip tion without having to participate in sibility for advice and consent, and ‘‘we the people’’ out of our Constitu- the cost. But this is not a situation in damaging the legitimacy of the Su- tion and replace it with ‘‘we the power- which five Justices want to apply con- preme Court. It was done because it ful’’—and to stand up against this type sistent principle because their goal was a strategy to enable the 1 percent of right to exploit, whether it is a bill isn’t to honor the Constitution, and to rip off ordinary working Americans. here on the floor of the U.S. Senate or their goal is not fairness; their single The prize for that was a position on it is a begotten majority of the Su- goal is to demolish the ability of work- Citizens United that now allows the preme Court. ers to organize, to get a fair share of wealthiest Americans to continue to The PRESIDING OFFICER. The Sen- the wealth they work to create. fund campaigns across this country to ator from Oklahoma. We can see that already our Nation is drown out the voices of ordinary people Mr. INHOFE. Mr. President, I am not in trouble on this principle. For the and a position on this case, the Janus the first guy to stand up here and make three decades after World War II, we case, that says that we will take one this observation, but I have serious had workers who had the strong ability organization in America, that of the concerns with how the nominee con- to organize and demand a fair share, workers, and divide the rewards from firmation process has been going in and we saw a revolution in the pros- the rights. this Congress. perity of workers in those three dec- We know who is behind this strategy. There is a blatant lack of respect for ades from 1945 through 1975. Individuals It is the Koch brothers through their the Senate nomination process and an who had lived in shacks, individuals organizations, the National Right to unprecedented level of obstructionism. who had been wiped out by the Great Work Foundation and the Liberty Jus- I have been here for a number of years, Depression suddenly were able to buy, tice Center. They were behind the so I know what to compare it with. I on a single worker’s income—it didn’t strategy for the theft of the Supreme have never seen so many people being even take two incomes—a three-bed- Court seat. They were behind the mas- delayed in their confirmations, know- room ranch house with a basement and sive increase in third-party spending ing that they are, ultimately, going to a single-car garage and were still able that polluted the campaigns across this be confirmed and that they are well- to save money for an annual camping country. They are behind this strategy qualified civil servants. trip and perhaps to save some to help to destroy the vision that is embedded The Democrats are forcing cloture their children launch themselves into in our Constitution. votes on nominees who have well over life. That is what we had when workers Eleanor Roosevelt once said: I am op- 60 votes in support. Last week, we held got a fair share. posed to this legislation because it a cloture vote on Scott Palk. Scott Yet, in the midseventies, the multi- gives employers the right to exploit. Palk is from Oklahoma. He is a guy national companies said: Do you know Eleanor Roosevelt was a real champion who everybody likes. He doesn’t have

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.049 S01NOPT1 S6962 CONGRESSIONAL RECORD — SENATE November 1, 2017 any enemies out there. In fact, he was There is a lot of work still to do. The profit has developed risk assessments actually nominated by President Agency needs its Assistant Administra- that did not support the industry spon- Obama. He was not even nominated by tors, who will work to implement sor and were the same or lower than this President. He ended up getting 79 many of the initiatives I have worked the safe levels set by government. Fur- votes. Still, the stall was there, and we toward for years. The Environment and thermore, he has provided expert testi- had to wait and wait and wait. Mean- Public Works Committee has now mony against industry on several occa- while, things are not getting done that voted out five Assistant Administra- sions. Unfortunately, the coordinated should be getting done. Furthermore, tors and General Counsel nominees, attack on Dr. Dourson will persist and the agency positions that we have and I hope we can move swiftly to get a good man’s reputation will continue hardly ever held rollcall votes on are these well qualified nominees over to to be put at risk. being forced to occupy floor time. the EPA to bring their expertise to an I ask that the leader find floor time There is no reason for these votes ex- Agency that desperately needs them. for Dr. Dourson as soon as possible so cept to delay the work of the courts Unfortunately, Democrats have tar- he can get back to work at an agency and our agencies. geted two of these nominees and have that he served commendably for many I am very supportive of the leader’s disparaged them, their work, and their years and ensure that those who seek commitment to our courts and how he backgrounds. to tear him down do not win. has prioritized judicial nominees. NOMINATION OF DR. MICHAEL DOURSON NOMINATION OF BILL WEHRUM These nominations are extremely im- Dr. Michael Dourson will be an excel- I also ask that the leader prioritize portant and will ensure that the rule of lent Assistant Administrator for the another nominee that has also faced law is upheld for, possibly, decades to Office of Chemical Safety and Pollu- unfair and false attacks. I have known come, benefiting all Americans. tion Prevention and will bring much Bill Wehrum for years, and I have no ENVIRONMENTAL PROTECTION AGENCY needed expertise and experience to the doubt that he is the best choice to head However, there is an Agency that is office in charge of the TSCA reauthor- the Office of Air and Radiation. I re- doing work that is also important to ization law. The TSCA bill was a huge gret that his first nomination to the all Americans and needs appointments, success last year. It was done on a bi- EPA back during the George W. Bush and that Agency is the Environmental partisan basis. It is the first major re- administration was blocked by Senate Protection Agency. If there has been form bill in 40 years, and we were able Democrats. It is my hope that we can one Agency over the last 8 years that to get that through. Yet we need to correct that wrong and confirm him as has run around and expanded its au- have a person as the Assistant Admin- one of the Assistant Administrators. thority beyond congressional intent, it istrator to make sure it is done right. He has served the public and is widely is the EPA. Putting confirmed ap- Dr. Dourson has endured a coordi- recognized for his knowledge of the pointees in place at the EPA will allow nated campaign against him that mis- Clean Air Act. represents who he is and his record. The Clean Air Act has been very suc- the President and Scott Pruitt to be There are groups working to paint Dr. cessful. In fact, I was one of the origi- successful in their efforts to rightsize Dourson as an ‘‘industry scientist.’’ nal cosponsors of the Clean Air Act that Agency. He has talked about that What you will not hear from these Amendments. It has performed very quite a bit. It is a bloated Agency that groups is that much of his career expe- well. He was very much involved in needs to be rightsized, and he needs rience comes from the EPA itself, that also. So there is no one more help to do that. where he worked for 15 years. During Last week, I highlighted the great qualified to head that Office of Air and his years at the EPA, Dr. Dourson things that Scott Pruitt is doing as Ad- Radiation than Mr. Wehrum, and I am helped establish the Integrated Risk sure of that. He has been consistently ministrator. I was able to visit with Information System, which helps iden- recognized as a leader and top lawyer him yesterday at the EPA and witness tify and document the potential dan- in environmental law by such groups firsthand the implementation of new gers of chemicals found in the environ- and publications as Chambers USA, the policies that will bring about positive ment. He also has the honor of having Legal 500 United States, and Washing- changes in an Agency that has run received four bronze medals from the tonian magazine. roughshod over the American people. EPA for this commendable work. Dr. He, too, has worked at the EPA in With the repeal of WOTUS and the Dourson also served on EPA’s Sci- the past and will once again serve the Clean Power Plan, with the implemen- entific Advisory Board for 6 years and Agency and the American people with tation of TSCA, in reforming the Agen- has held leadership roles with a num- integrity. Mr. Wehrum is also under at- cy by ending sue-and-settle processes, ber of relevant toxicology organiza- tack for working on behalf of industry. and by creating greater transparency tions, receiving several awards from The environmental industry—and it is on the EPA’s Science Advisory Com- his peers. an industry, as they, too, are working mittee, he is really doing a great job. Since his time at EPA, Dr. Dourson to secure money for themselves by pur- By the way, yesterday, we had this has devoted his career to protecting suing an agenda of their sponsors—is event over there which had to do with public health by founding his own non- lobbying against Mr. Wehrum because the scientists. There are three Sci- profit that works to develop, review, he wants to make regulations workable entific Advisory Boards in the EPA. and share risk assessments on various within the scope of the statute for the These are supposed to be made up of chemicals. His nonprofit work is most- regulated community. scientists who advise the policymakers ly on behalf of government, with a mi- This is very curious to me because we as to what they are supposed to be nority of the work done at the request want environmental regulations to im- doing. During the last administration, of various industries—many of these prove our air quality without putting we discovered in just one of these that industries are very pro-environmental entire industries out of business—a bal- six out of seven of the appointees were industries—as well as providing pro ance that is a part of the Clean Air actually recipients of grants from the bono assistance to those in need of Act. Those words are used in the Clean EPA. In fact, I was over there, and I help. In other words, he used his exper- Air Act: The rules need to be workable gave a little talk about those six. They tise to help people who needed help and and implementable without undue actually received $119 million, and they were not able to get it in any other harm to our economy. are supposed to be unbiased in making way. It is time that we returned some policy. Obviously, this is one of the Naturally, the industry work is the common sense and rule of law to the many things that he is going to make part that environmental activists have Environmental Protection Agency. We sure will no longer exist. focused on to prove their claims that have taken the first and only step with He is making it impossible for any- his research is a rubberstamp for dan- the confirmation of Scott Pruitt, and one who serves on a scientific advisory gerous chemicals. They hold the per- Bill Wehrum is the next step toward board to receive any grants from the spective—which is a myth—that work- that goal. Right now there has only EPA. How reasonable is that? Yet that ing at the request of industry must been one confirmation, and that is for is still a practice they use and one of mean that you are evil. Scott Pruitt. the many things he is cleaning up As always, the reality is much dif- With the repeal of the Clean Power there. ferent. On many occasions the non- Plan sitting before the EPA, I ask that

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.051 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6963 the leader prioritize Mr. Wehrum’s con- REGULATORY REFORM Wouldn’t it be nice to have the peo- firmation vote so that we can give the Mr. GRASSLEY. Mr. President, last ple who are affected by those regula- Office of Air and Radiation the leader- month the Environmental Protection tions involved in the process in an open ship it needs to make the important Agency—EPA—Administrator, Scott way—the way the Administrative Pro- policy objectives of the President and a Pruitt, issued a directive to all Agency cedure Act is designed? majority of our colleagues and States a employees that prohibits the so-called Oddly enough, the same day the law- reality. sue-and-settle process. This is good suit was filed, the plaintiff interest Again, we have five EPA nominees news for good government. group submitted a consent decree al- that have been voted out of committee, Most of us here are familiar with the ready signed by the EPA, which com- and we are now into November and term ‘‘sue and settle.’’ mitted the agency to take prompt reg- only have one EPA appointee con- These are tactics whereby the EPA ulatory action. Such a scenario should firmed. We need to do better than that, has, in the past, resolved certain law- raise serious questions about how truly and I think this is going to happen. suits against it through agreements ne- adversarial these lawsuits and negotia- Let me just repeat some of the things gotiated behind closed doors with po- tions are. that are going on in the Environmental litically favored interest groups. As we To add insult to injury, regulations Protection Agency. Scott Pruitt in his saw under the Obama administration, that have resulted from sue-and-settle meeting yesterday called this to the some of these agreements committed tactics impose tremendous costs on the attention of the American people. We the EPA to take far-reaching regu- American economy. According to the knew it all the time, but people on the latory action, all without an adequate American Action Forum, from 2005 to outside didn’t know it and they were opportunity for those people most im- 2016, 23 sue-and-settle regulations re- shocked. They found out that in the pacted to have a seat at the table, as sulted in a cost burden of $67.9 billion, Scientific Advisory Board of the would normally be done through the with $26.5 billion in actual costs. Six- Obama administration, six of the seven regulatory process. teen of the rules imposed paperwork on the board were direct recipients of Today, I come to the floor to applaud burdens on American job creators of grants from the EPA and they were Administrator Pruitt’s leadership in more than 8 million hours. Think making policy decisions for the EPA. working to end these tactics, which about that. Nearly $70 billion in regu- Now, how bad is that? In fact, we added make a mockery of laws that Congress latory costs were imposed on American it up. I would state to the Chair that it has put in place to ensure a trans- business owners, manufacturers, farm- came to $119 million going to six people parent and accountable regulatory ers, and probably taxpayers, all with- who are on the board making decisions process. The commonsense reforms out due regard for transparency and that affected the grants to go out. That outlined in Administrator Pruitt’s di- the normal rulemaking process re- is the type of thing that he is cleaning rective will, no doubt, help restore quired by the Administrative Proce- up. He has the guts to do it, and he is transparency and accountability, and dure Act. doing it. these reforms should stand as a prime Decades ago, Congress enacted the I am anxious to get these two con- example for all Federal agencies to fol- Administrative Procedure Act for the firmed, and I am hopeful that will take low. sole purpose of ensuring transparency, place. Accordingly, I call upon President accountability, and, more importantly, With that, I yield the floor. Trump to use his full authority public participation in Federal rule- I suggest the absence of a quorum. through Executive order to ensure that making. The EPA has been described as The PRESIDING OFFICER (Mr. SUL- similar reforms are adopted across the the citizens’ ‘‘regulatory bill of LIVAN). The clerk will call the roll. entire bureaucracy. Regulatory deci- rights.’’ A pillar of the Administrative The legislative clerk proceeded to sions that affect key parts of our econ- Procedure Act is the notice-and-com- call the roll. omy should be made in an open, trans- ment process, which requires agencies Mr. MCCONNELL. Mr. President, I parent, and, consequently, accountable to notify the public of proposed regula- ask unanimous consent that the order manner. But as we have seen with sue tions and respond to comments sub- for the quorum call be rescinded. and settle, Washington bureaucrats mitted—in other words, transparency. The PRESIDING OFFICER. Without and their interest group pals would objection, it is so ordered. prefer to do things their own way. Rulemaking driven by sue-and-settle Mr. MCCONNELL. Mr. President, I It works like this. First, an interest tactics frequently results in ask unanimous consent that notwith- group sues a Federal agency, claiming reprioritized agency agendas and standing rule XXII, that at 11:30 a.m. the agency has failed to take regu- rushed deadlines for regulatory action. on Thursday, November 2, there be 30 latory action required by law. Through This renders the EPA’s notice-and- minutes of postcloture time remaining the lawsuit, the interest group seeks to comment process a mere formality. It on the Eid nomination, equally divided compel the agency to take action by a deprives regulated entities, it deprives between the leaders or their designees; new, often rushed, deadline. These the States, and most importantly, it that following the use or yielding back plaintiff interest groups often share a deprives the American public of suffi- of that time, the Senate vote on the common regulatory agenda with the cient time to have any meaningful confirmation of the Eid nomination; agency they sue, such as when an envi- input on final rules. The resulting reg- that if confirmed, the motion to recon- ronmental group sues the EPA or the ulatory action is driven not by the pub- sider be considered made and laid upon Fish and Wildlife Service. lic interest but by the special interest the table and the President be imme- Instead of challenging the lawsuit, priorities. diately notified of the Senate’s action. the agency and the interest group Sue-and-settle tactics also help agen- The PRESIDING OFFICER. Without enter into negotiations behind closed cies avoid accountability for their ac- objection, it is so ordered. doors to produce either a ‘‘settlement tions. Instead of having to answer to f agreement’’ or a ‘‘consent decree’’ com- the public for controversial regulatory mitting the agency to take regulatory decisions, agency officials will simply LEGISLATIVE SESSION action. There is no transparency, no point to a court order and say that accountability, which you would get their hands are tied, when really they through normal regulation writing. welcomed that process. MORNING BUSINESS Noticeably absent from these nego- The American people deserve better, Mr. MCCONNELL. Mr. President, I tiations are the very parties who will but don’t just take my word for it. The ask unanimous consent that the Sen- be most impacted, such as farmers, Environmental Council of the States, a ate proceed to legislative session for a manufacturers, and even the 50 States national nonprofit, nonpartisan asso- period of morning business, with Sen- themselves, which will be charged with ciation of State and territorial envi- ators permitted to speak therein for up enforcing some of these regulations. In ronmental agency leaders, adopted a to 10 minutes each. 2010, for example, an environmental in- resolution in 2013 entitled ‘‘The Need The PRESIDING OFFICER. Without terest group sued the Obama adminis- for Reform and State Participation in objection, it is so ordered. tration EPA to force the agency to re- EPA’s Consent Decrees which Settle The Senator from Iowa. vise certain wastewater regulations. Citizen Suits.’’ The rationale behind it

VerDate Sep 11 2014 04:52 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.052 S01NOPT1 S6964 CONGRESSIONAL RECORD — SENATE November 1, 2017 provides that ‘‘state environmental But, today, I urge President Trump He later achieved the rating of master agencies are not always notified of cit- to move forward with the example set navigator, having completed more than izen suits that allege U.S. EPA’s fail- by Administrator Pruitt because Ad- 5,500 flight hours on various aircraft. ure to perform its nondiscretionary du- ministrator Pruitt is draining the Over the years, Brigadier General ties, are often not parties to these cit- swamp through this process. The Presi- Bullard flew missions in 75 countries, izen suits, and are usually not provided dent loves to sign Executive orders. He including a deployment to Afghanistan with an opportunity to participate in would probably do more good in drain- during Operation Enduring Freedom. the negotiation of agreements to settle ing the swamp by producing an Execu- One might think that, with such avia- citizen suits.’’ tive order like this than almost any tion skill, he would have more luck The Environmental Council of the other Executive order he could do. traveling as a passenger on commercial States further resolved that ‘‘greater There is simply no reason these re- air, but his colleagues report that transparency of citizen suit settlement forms should be limited to just the throughout his career, a number of agreements is needed for the public to EPA. Transparency and public partici- commercial flights he has traveled on understand the impact of these agree- pation are core elements of a more ac- have experienced weather or mainte- ments on the administration of envi- countable government. Simply stated, nance delays resulting in numerous ronmental programs.’’ they are part of the process of rep- nights in the airport for the trained Obviously, I agree. We need more resentative government, where people airman. transparency, more accountability, and make the laws and where administra- Brigadier General Bullard has earned more voices at the table. In other tors carry out the laws, not where and been awarded numerous military words, the public’s business ought to be something is done behind closed doors awards and decorations for his selfless public, not some new regulation agreed because some special interest wants service to the Commonwealth and his to behind closed doors. I am happy to something or because the agency is Nation. These honors include the say that this administration is work- begging to do something—which maybe Bronze Star Medal, the Meritorious ing to accomplish that, thanks to Ad- someone doesn’t want them to do—to Service Medal with two bronze oakleaf ministrator Pruitt. In his own words: get it done and to do it behind closed clusters, the Air Medal with one bronze ‘‘The days of this regulation through doors, just to work it out the way they oakleaf cluster, and the Kentucky Dis- litigation . . . are terminated.’’ His directive puts a swift end to sue- want it and not necessarily the way it tinguished Service Medal. These and-settle tactics by this one agency, would be done if people were partici- awards are recognition of Brigadier the EPA. It does so by adopting com- pating. General Bullard’s distinguished actions monsense reforms to promote trans- I applaud Administrator Pruitt’s di- on behalf of our Nation and Kentucky. The men and women of Kentucky’s parency and public participation in the rective. I urge the President to prompt- National Guard serve a unique mission regulatory process. It requires the pub- ly see to it that similar reforms are im- lication online of notices of lawsuits plemented across the administration. in our Armed Forces. Their efforts to filed against the EPA. It requires the So for a third time today, President help fight our Nation’s wars, defend EPA to reach out and notify any States Trump, issue an Executive order to all our homeland, provide relief from nat- or regulated entities that will be af- departments to do what Administrator ural disasters, and maintain critical fected by the lawsuit. It requires the Pruitt has done at the EPA. State, Federal, and international part- EPA to seek the agreement of any af- f nerships in support of our Nation’s safety and security have demonstrated fected State or regulatory entities be- TRIBUTE TO BRIGADIER GENERAL the vital nature of the National fore the agency can enter into a con- STEVEN P. BULLARD sent decree or settlement agreement. Guard’s service. I am proud to rep- Mr. MCCONNELL. Mr. President, Further, it prohibits the EPA from en- resent them in the U.S. Senate, and I today I wish to congratulate Brig. Gen. tering into any consent decree or set- am grateful for their sacrifice on be- Steven P. Bullard of the Kentucky Air tlement that converts a discretionary half of our Commonwealth and our Na- National Guard as he begins his retire- duty of the agency into a mandatory tion. ment after more than three decades of duty to issue, revise, or amend a regu- As we celebrate Brigadier General lation. Most importantly, it requires achievement, service, and sacrifice. Bullard’s retirement, we are also sad- the EPA to post online for public com- This Nation and the Commonwealth of dened to lose such a capable and dedi- ment any proposed consent decrees or Kentucky thank him for his diligence cated public servant. In addition to his settlement agreements before they are in defending our safety and security. responsibilities at headquarters, Briga- entered into by the court. Brigadier General Bullard has served dier General Bullard has also worked These and other reforms in Adminis- as the chief of staff, Headquarters, for as the chairman of the Louisville trator Pruitt’s directive mark a very the Kentucky Air National Guard and Armed Forces Committee, two terms strong step toward ensuring that the deputy chief of the Joint Staff, as the president of the National Guard States, American job creators, and the Joint Force Headquarters-Kentucky Association of Kentucky, and as the public at large have a seat at the table National Guard since 2012. In these volunteer executive director of the when regulatory decisions are made, roles, he has been responsible for the Kentucky Committee for Employer which is exactly why Congress passed guidance and direction of more than Support of the Guard and Reserve. On the Administrative Procedure Act. 8,500 Army and Air Guardsman in my behalf of the people of Kentucky, I Before I close, I will add one more home State. Brigadier General Bullard would like to thank him for his 32 thing. Earlier this year, I introduced has skillfully carried out his respon- years of achievement and service. He the Sunshine for Regulatory Decrees sibilities in these positions, as well as has earned a relaxing retirement, and Settlements Act. This bill would the duties of his civilian role as direc- spending time with his family and make permanent the very types of re- tor of the division of administrative friends. Finally, I would ask my col- forms outlined in Administrator Pru- services within the Kentucky Depart- leagues in the Senate to join me in itt’s directive. If it becomes law, it ment of Military Affairs. paying tribute to Brigadier General can’t be changed at some later date. In On numerous projects, he was the Bullard, a brave American, a selfless other words, it would ensure that fu- critical link between my office and the public servant, and a proud Ken- ture administrations can’t simply roll Kentucky Guard. I know that many on tuckian. back the great work Administrator my staff who have had the privilege of f Pruitt is doing through this directive. interacting with him have appreciated I am pleased to hear that the House Brigadier General Bullard’s depend- TRIBUTE TO DR. GLENN POSHARD of Representatives just passed the com- ability and talent, which I am told also Mr. DURBIN. Mr. President, Dr. panion bill introduced by Congressman extends to the golf course. Glenn Poshard has served the United DOUG COLLINS. We will continue our Entering officer training school at States in many ways. He served in the work to build bipartisan support here Lackland Air Force Base in 1985, Briga- military and taught in high school. He in the Senate for this commonsense de- dier General Bullard took the first represented rural southern Illinois in cree. steps of his decorated military career. the Illinois State Senate from 1984 to

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.046 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6965 1988 and in Congress from 1989 to 1998. our forefathers thought they had been denied to the Senate Judiciary Committee in I served with him for 8 years in the these rights long enough by the King of Eng- 2004 about the flag of the United House of Representatives. land, they fought a Revolutionary War to States. This is a man who carried the Glenn was a strong proponent of gain them. And they fought a Civil War to flag into space as an astronaut. He extend those rights to slaves. Over the next campaign finance reform so much so 100 years, they fought all over the world to served in the Marine Corps. When pre- that he limited individual donations secure these rights for other people. sented with a flag-burning amendment, and refused contributions from polit- President Kennedy spoke of this in his in- he said, ‘‘It would be a hollow victory ical action committees when he ran for augural address. He said, ‘‘These same revo- indeed if we preserved the symbol of Governor in 1998. lutionary beliefs for which our forefathers our freedoms by chipping away at Following his tenure in Congress, fought are still at issue around the globe those fundamental freedoms them- Glenn and his wife, Jo, founded the today. The belief that the rights of man selves.’’ Poshard Foundation for Abused Chil- come not from the generosity of the State, but from the hand of God. We dare not forget Free speech is the bedrock of our de- dren. The foundation has helped the that we are the heirs of that first Revolu- mocracy. As millions of Americans are abused, abandoned, and neglected chil- tion.’’ The Declaration goes on to say that participating in the freedoms guaran- dren of southern Illinois for 18 years. when any form of government becomes de- teed by our Constitution today, we Glenn’s service to the community structive of these rights then it is the right should remember Glenn Porshard’s also continued through his role as of the people to protest and alter that form point that they do so not to destroy president of Southern Illinois Univer- of government so that those rights are se- our Republic, but to celebrate the sity where he was the second longest cured to the people. And in the 1960s and ’70s, strength of our Constitution. serving president in the history of the people protested against what they believed was an unjust war which imperiled their Thank you. Southern Illinois University system. lives, their freedoms, and their pursuit of (At the request of Mr. SCHUMER, the Earlier this month, Glenn reminded happiness. They believed that nearly 60,000 following statement was ordered to be us what service to our country and deaths were enough in a war our government printed in the RECORD.) what the American flag means for us in either could not or would not win. f an op-ed in the Southern Illinoisan, When hundreds of thousands of mostly which I have included here. white young men in the ’60s and thousands of VOTE EXPLANATION Dr. Poshard wrote: mostly black young men today protest ∑ against their government, it is because they Mr. MENENDEZ. Mr. President, I In 1962, I joined the U.S. Army on my 17th feel their God-given rights are threatened. was unavailable for rollcall vote No. birthday. I had just graduated from high But why involve the flag? In a Supreme 257, on the nomination of Joan Larsen, school and was following in the tradition of Court decision, Board of Education v. of Michigan, to be U.S. circuit judge my family’s military service. They had Barnett in 1943, Justice Jackson wrote words served in the Civil War and fought their way for the Sixth Circuit. Had I been especially relevant to this issue. He said, across Europe and the Pacific in two World present, I would have voted nay. ‘‘Freedom to differ is not limited to things Wars. Some were POWs and one, my first Mr. President, I was unavailable for that do not matter much. That would be a cousin and closest friend, Dennis, awarded mere shadow of freedom. The test of free- rollcall vote No. 258, on the motion to the Bronze Star for bravery in Vietnam, was dom’s substance is the right to differ as to invoke cloture on Allison Eid, of Colo- the first young man from our county to be things that touch the heart of the existing rado, to be U.S. circuit judge for the killed in that war. order’’—i.e. our flag. Tenth Circuit. Had I been present, I During my three years of enlistment, I For many, it is not enough to write a let- ∑ served a tour of duty with the First Cav Di- would have voted nay. ter to their congressman, attend a meeting vision in Korea. When my active duty was or participate in a march. They must take f finished in December 1965, I immediately en- the most important thing symbolizing our tered SIU Carbondale on the GI Bill. Pro- TRIBUTE TO GEORGE STEVENS, freedom—the flag—and cast it at the feet of tests against the Vietnam War were already JR. their government to show how emphatically gripping the campus. They were abhorrent to they disagree with government allowing the Mr. MARKEY. Mr. President, today me, particularly when the American flag was infringement of their rights. Millions of peo- we honor an icon of the film industry used to symbolize anger toward the govern- ple of color in our country today feel threat- ment. But I was busy, carrying a full load of and a distinguished public servant, ened. They just want to enjoy the same secu- classes, working three part-time jobs, and George Stevens, Jr. For five decades, rity and freedom we all enjoy and the flag trying to support a new family. By the time George Stevens, Jr., served as the has become central to their protest precisely Old Main burned and the campus closed in because it matters, as it did in the ’60s to an founding director of the American the spring of 1970, I was beyond anger for the earlier generation. Film Institute, AFI, an organization thousands of protesters desecrating our flag When I protested as a young man in my that led the clarion call to preserve and destroying my beloved university. church that it was not necessary for God to and celebrate America’s film heritage. I made no attempt to understand the dif- send His only Son to be sacrificed for my ference between the symbolism of the flag In honoring him, I would like to freedom, that He could have provided an- and the substance of the Bill of Rights as it state the following in the RECORD: other way, the pastor said, ‘‘Oh yes it was, pertained to freedom to speak against per- Whereas, George Stevens, Jr., stood in the because He could not win your freedom from ceived wrongs of our government. Rose Garden of the White House in 1967 when sin by sacrificing that which didn’t matter Years later, as a member of Congress, I was President Lyndon Johnson announced there much, He had to sacrifice the most impor- forced to grapple with this volatile issue would be an American Film Institute in tant thing He loved, His Son.’’ again. In my first term, a bill was submitted order to address the crisis of America’s dis- The Supreme Court has said that the use of to amend the Constitution prohibiting the appearing motion picture heritage. the flag in dissent against the government desecration of the American flag as a means Whereas, through the extraordinary vision does not diminish it or the contribution of of protest against our government. Now, I of the Library of Congress and the American the men and women who fought for our free- had to understand this issue in its deepest, Film Institute, more than 37,000 motion pic- dom, but instead stands as a powerful sym- broadest context. My family and I went to tures are now safely preserved in the AFI bol to illustrate the substance of our Con- Philadelphia where I sat in Independence Collection at the Library of Congress. stitution’s Bill of Rights. Hall, contemplating those early debates of I listened carefully to the debate in 1990 on Whereas, George Stevens, Jr., led the effort our forefathers on issues of equality, justice the flag desecration amendment which for at the AFI to create a rescue list of movies and freedom. Moved to tears, I was about to the first time in 200 years would have amend- with the Museum of Modern Art, Eastman cast a vote of which the historical signifi- ed our Bill of Rights. These words from House, and the Library of Congress and lo- cance reached back to arguments which President Reagan’s solicitor general, Charles cate and preserve missing films. formed the founding documents of our coun- Fried, express my beliefs entirely. ‘‘The flag, Whereas, the collection includes classic try, the Declaration of Independence and the as all in this debate agree, symbolizes our American films, including ‘‘It’s A Wonderful Constitution. nation, its history, its values. We love the Life,’’ ‘‘Mr. Smith Goes to Washington,’’ We drove to Gettysburg and I stood where flag because it symbolizes the United States; ‘‘The Ten Commandment,’’ ‘‘Puss in Boots,’’ our greatest President, Abraham Lincoln, but we must love the Constitution even and George Stevens, Sr.’s ‘‘Gunga Din.’’ delivered his address, taking us back to our more, because the Constitution is not a sym- Whereas, George Stevens, Jr., expanded the Declaration of Independence, which stated, bol. It is the thing itself.’’ horizons of the next generation of ‘‘All men are created equal and endowed by filmmakers and visionaries with the creation their Creator with certain unalienable Reading Glenn’s op-ed, I was re- an AFI Center for Advanced Film Studies. rights, and that among these are life, lib- minded of the late John Glenn, col- Whereas, George Stevens, Jr., unleashed erty, and the pursuit of happiness.’’ When league, friend, and legend. He testified the power of filmmaking in service to the

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.027 S01NOPT1 S6966 CONGRESSIONAL RECORD — SENATE November 1, 2017 American people, leading the United States tial, College Wood students are and other data as they discuss how to Information Agency Motion Picture Service equipped to succeed and graduate. better meet the needs of their students. and producing award-winning films about College Wood strives to provide a The school’s investment in students the fabric of American life. quality, well-rounded education and is reflected in the diverse opportunities Therefore, today in the U.S. Senate, I honor the 50th anniversary of the American teach students the traits of successful it offers. Whether it is through the Film Institute and the extraordinary legacy leaders and communicators. To that ‘‘Step-a-thon,’’ where students partici- of George Stevens, Jr., director, producer, end, the school includes social and pate in a physical challenge to help playwright, and public servant without emotional learning in its curriculum. raise funds for various school programs equal. Thomas Edison may be given credit Social Thinking and Superflex lessons or the numerous afterschool clubs, for inventing the film industry, but it is instill social awareness, emotional White Lick has excelled in offering re- George Stevens, Jr., and the American Film management skills, and perspective-en- sources and programs beyond the class- Institute who have preserved it for future hancing experiences. room. generations to come. The school also seeks to help teach I am proud to recognize White Lick f students about the importance of serv- Elementary School principal Susan 35TH ANNIVERSARY OF UNKER’S ice and helping others. Through several Wise, the entire staff, the student THERAPEUTIC PRODUCTS philanthropic endeavors, College Wood body, the parents, and the entire students, parents, and staff work close- Brownsburg community. The effort, Mr. ENZI. Mr. President, I wish to ly together to give back to the commu- dedication, and value you put into edu- congratulate Unker’s Therapeutic nity. Several donation drives through- cation has led not only to this pres- Products for its 35th year in business. out the year lead up to the school’s tigious recognition but will benefit This is an impressive milestone for biggest annual event to benefit the your students and Indiana well into the their organization. Leukemia and Lymphoma Society. future. Unker’s Therapeutic Products’ story I am proud to recognize College Wood On behalf of the citizens of Indiana, I of starting out with Patrick Henry’s Elementary School principal Kathryn congratulate White Lick Elementary hard work in his garage to being a sta- Olssen, the entire staff, the student School, and I wish the students and ple in Wyoming and even sponsoring body, and their families. The effort, staff continued success in the future. racecars is the embodiment of the dedication, and value you put into edu- f American dream. I am pleased to hear cation has led not only to this pres- 40TH ANNIVERSARY OF THE of the company’s success and of the tigious recognition, but will benefit MAINE COALITION TO END DO- plans to continue this business for you and the Carmel community well MESTIC VIOLENCE years to come. Unker’s Therapeutic into the future. Products provides both good jobs and On behalf of the citizens of Indiana, I Mr. KING. Mr. President, today I much-needed services to the people of congratulate College Wood Elementary wish to honor the 40th anniversary of our towns and communities. It is School, and I wish the students and the Maine Coalition to End Domestic greatly appreciated. Good businesses staff continued success in the future. Violence, MCEDV, and its nine member make for strongly knit communities, f organizations and resource centers: and that helps us all. Hope and Justice Project, Partners for President and CEO Patricia RECOGNIZING WHITE LICK Peace, Next Step, New Hope for Pendelton and all the folks at Unker’s ELEMENTARY SCHOOL Women, Family Violence Project, Safe Therapeutic Products can be very Mr. DONNELLY. Mr. President, Voices, Family Crisis Services, Caring proud they have served Weston County today I wish to recognize White Lick Unlimited, and Immigrant Resource and the State of Wyoming for so long. Elementary School of Brownsburg, IN, Center of Maine. I am humbled and Their hard work and determined effort for being named a 2017 National Blue thankful for their tireless service to have played a part in its current and Ribbon School by the U.S. Department end the cycle of abuse existing in too continued success. of Education. many homes across Maine, our Nation, I extend my best wishes and con- Established in 1982, the National Blue and the world. gratulations to Patricia and to every- Ribbon Schools Program recognizes Originally formed in 1977 as the one who is a part of this company. schools that have demonstrated a vi- Maine Coalition for Family Crisis Thank you. sion of educational excellence for all Services, and renamed the Maine Coali- f students, regardless of their social or tion to End Domestic Violence in 2001, economic background. Since its incep- the MCEDV has spent four decades RECOGNIZING COLLEGE WOOD tion, this program has allowed schools being advocates for victims of domestic ELEMENTARY SCHOOL in every State to gain recognition for violence and have never lost their Mr. DONNELLY. Mr. President, educational accomplishments, particu- focus. Their efforts have helped count- today I wish to recognize College Wood larly in closing the achievement gaps less people find their own voices and Elementary School of Carmel, IN, for among students. regain their strength to live a violence- being named a 2017 National Blue Rib- White Lick Elementary School cur- free life. The MCEDV has helped ensure bon School by the U.S. Department of rently serves over 600 students and of- there are direct service programs, shel- Education. fers a variety of education and extra- ters, transitional housing, and court Established in 1982, the National Blue curricular opportunities for its stu- advocacy available to everyone Ribbon Schools Program recognizes dents. throughout our State. Not only do they schools that have demonstrated a vi- White Lick Elementary School has partner with the nine member-projects sion of educational excellence for all been effective in tailoring its cur- mentioned above, but they also coordi- students, regardless of their social or riculum to the educational needs of nate efforts and give voice to the edu- economic background. Since its incep- each individual student. As part of its cation of the public, lawmakers, law tion, this program has allowed schools commitment to students, the school enforcement, friends, and neighbors to in every State to gain recognition for provides programs like Learning Lab, make domestic violence a community- educational accomplishments, particu- which offers students struggling aca- State-national and global issue that larly in closing the achievement gaps demically extra support in reading and each of us has a responsibility to con- among students. math in a small-group setting every front. College Wood’s mission is to provide day for 30 minutes. It is not possible to put words to the opportunities for all students to realize The school also prides itself on the significant impact the MCEDV has had, their potential. College Wood students professional development of its staff. the lives that have been saved, and ter- have consistently ranked among the Teachers are given the chance to learn rifying existences turned into futures top 10 percent in annual standardized and grow through weekly meetings of peace. However, it would not be fair testing. By encouraging every student with their professional learning com- to their work to not acknowledge the to strive for excellence, explore oppor- munities. In these meetings, teachers lives that have been lost to domestic tunities, and realize their full poten- come together to analyze test scores violence. All genders, all ages, all

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.029 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6967 races, all socio-economics categories, We are so happy for and proud of from the President of the United domestic violence knows no bound- Susan for reaching this milestone. I States submitting sundry nominations aries, and fear continues to be a strong congratulate her for the many years of which were referred to the appropriate silencer. However, with the support service she has rendered to the U.S. committees. and services provided by the MCEDV Congress and to our country. (The messages received today are and its membership, many victims f printed at the end of the Senate pro- have found exceptional strength to tell ceedings.) their story, found their courage to ADDITIONAL STATEMENTS name the abuse and the abuser and f support others to shine a light on this TRIBUTE TO DIANA TOLSTEDT MESSAGES FROM THE HOUSE pandemic of violence. ∑ I cannot overstate how awe-inspiring Mr. DAINES. Mr. President, during At 11:50 a.m., a message from the National Adoption Awareness Month, I the exceptional staying power and de- House of Representatives, delivered by have the distinct honor of recognizing termination of this coalition of advo- Mr. Novotny, one of its reading clerks, Diana Tolstedt of Billings. For nearly cates is and how impactful their efforts announced that the House has passed three decades, she has been helping are. They have not only mobilized a the following bills, in which it requests state-wide interest in the topic of do- people navigate all aspects of the adop- tion process. She has made a positive the concurrence of the Senate: mestic violence but have also inspired H.R. 2521. An act to amend the Farm Secu- people to work with them to even fur- and lasting impact in the lives of many Montanans. rity and Rural Investment Act of 2002 to in- ther strengthen the message that there Through her work with Lutheran So- clude South Carolina as a part of the Vir- is no excuse for domestic abuse. It has ginia/Carolina peanut producing region for cial Services of Montana, Diana has purposes of appointment to the Peanut been said that peace in the world starts gently guided and counseled adoptees, with peace in the home. Thank you to Standards Board. birth parents, and adoptive families. H.R. 2921. An act to establish a vegetation the MCEDV for living those words and For a dozen years, she has been a re- helping to change the world for the management pilot program on National For- cruiter with Wendy’s Wonderful Kids, est System land to better protect utility in- better. leading a program dedicated to finding frastructure from passing wildfire, and for f adoptive families for the longest wait- other purposes. TRIBUTE TO SUSAN OLSON ing children in foster care from eastern H.R. 2941. An act to provide for the convey- ance of certain National Forest System land Mr. BOOZMAN. Mr. President, today Montana. Throughout the United States, there within Kisatchie National Forest in the I wish to recognize a member of my State of Louisiana. are over 100,000 children in foster care staff who has been in public service on H.R. 3567. An act to authorize the purchase who are waiting for adoption, each Capitol Hill for 30 years. Susan Olson is of a small parcel of Natural Resources Con- needing a loving home and stable envi- servation Service property in Riverside, my deputy chief of staff and general ronment to allow them to thrive and counsel. She has served Members of California, by the Riverside Corona Resource reach their potential. In the midst of Conservation District, and for other pur- Congress, the Senate, and congres- this adoption challenge, folks like poses. sional committees for decades and is a Diana are a guiding light to help others ENROLLED BILL SIGNED well-known, beloved public servant traverse adoption obstacles. I would around the Hill. At 2:09 p.m., a message from the like to thank Diana for having a heart House of Representatives, delivered by Susan joined my staff when I came to as big as Yellowstone County and a the Senate in 2011, but she already had Mrs. Cole, one of its reading clerks, an- commitment to brightening the hopes nounced that the Speaker has signed a long track record of distinguished of children one life at a time.∑ service and respect from her peers. I the following enrolled bill: got to know Susan when she served as f H.R. 1329. An act to increase, effective as of secretary of the House NATO Par- 40TH ANNIVERSARY OF AMRO December 1, 2017, the rates of compensation liamentary Assembly Delegation, of FABRICATING CORPORATION for veterans with service-connected disabil- which I was a member during my years ities and the rates of dependency and indem- ∑ Mrs. FEINSTEIN. Mr. President, nity compensation for the survivors of cer- in the House of Representatives. Su- today I would like to recognize AMRO tain disabled veterans, and for other pur- san’s knowledge, determination, and Fabricating Corporation for 40 years of poses. warm personality helped her earn the business in our State. AMRO, a small respect and admiration of Members and family-owned business based in El f staff alike. She also served as a valued Monte and Riverside, CA, employs staff member on the House Ethics Com- more than 250 people. The company has MEASURES REFERRED mittee where she was a legal counsel made important contributions to The following bills were read the first from 2004 to 2011. NASA rocket programs, including and the second times by unanimous Prior to working on the Ethics Com- building the large aluminum panels for consent, and referred as indicated: mittee, Susan served in the office of the space launch system rocket and the H.R. 2521. An act to amend the Farm Secu- former Congressman Doug Bereuter of Orion crew capsule. AMRO has used rity and Rural Investment Act of 2002 to in- Nebraska for 17 years as legislative as- State and Federal grants to train high clude South Carolina as a part of the Vir- sistant, legislative director, and chief school and college students on how to ginia/Carolina peanut producing region for of staff. During her tenure with Con- develop critical job skills, such as aero- purposes of appointment to the Peanut gressman Bereuter, she also served as space welding and engineering, pre- Standards Board; to the Committee on Agri- culture, Nutrition, and Forestry. the secretary of the House Delegation paring them for good-paying jobs in the to the British American Parliamentary H.R. 2921. An act to establish a vegetation future. Founded in 1977, AMRO marks management pilot program on National For- Group from 1998 to 2000. its 40th anniversary this year. I extend Susan’s time on my staff has been est System land to better protect utility in- my warmest congratulations to AMRO frastructure from passing wildfire, and for marked by her wealth of knowledge for achieving this milestone.∑ other purposes; to the Committee on Agri- and expertise on so many things. She is f culture, Nutrition, and Forestry. a trusted adviser, but more impor- H.R. 2941. An act to provide for the convey- tantly, a dear friend to me and to ev- MESSAGES FROM THE PRESIDENT ance of certain National Forest System land eryone on my staff in Washington and Messages from the President of the within Kisatchie National Forest in the Arkansas. We love Susan very much United States were communicated to State of Louisiana; to the Committee on Ag- and appreciate all her hard work. She the Senate by Mr. Pate, one of his sec- riculture, Nutrition, and Forestry. takes a personal interest in everyone H.R. 3567. An act to authorize the purchase retaries. of a small parcel of Natural Resources Con- she meets, from the many interns who f servation Service property in Riverside, cycle in and out of my office, to those EXECUTIVE MESSAGES REFERRED California, by the Riverside Corona Resource on my staff and the countless men and Conservation District, and for other pur- women she has worked with over the In executive session the Presiding Of- poses; to the Committee on Agriculture, Nu- years during her time on the Hill. ficer laid before the Senate messages trition, and Forestry.

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.030 S01NOPT1 S6968 CONGRESSIONAL RECORD — SENATE November 1, 2017 EXECUTIVE AND OTHER Control Act, the certification of a proposed EC–3334. A communication from the Man- COMMUNICATIONS license for the export of defense articles, in- agement and Program Analyst, Federal cluding technical data, and defense services Aviation Administration, Department of The following communications were to Canada for the manufacture of F404 and Transportation, transmitting, pursuant to laid before the Senate, together with F414 aircraft engine components in Canada law, the report of a rule entitled ‘‘Amend- accompanying papers, reports, and doc- to supply General Electric Aviation’s pro- ment of Class D and Class E Airspace; uments, and were referred as indicated: duction lines in the United States in the Redmond, OR’’ ((RIN2120–AA66) (Docket No. EC–3318. A communication from the Sec- amount of $100,000,000 or more (Transmittal FAA–2017–0390)) received in the Office of the retary of Defense, transmitting a report on No. DDTC 17–061); to the Committee on For- President of the Senate on October 31, 2017; eign Relations. the approved retirement of Lieutenant Gen- to the Committee on Commerce, Science, EC–3326. A communication from the Dep- eral Darryl L. Roberson, United States Air and Transportation. uty Assistant Secretary, Legislative Affairs, Force, and his advancement to the grade of EC–3335. A communication from the Man- Department of State, transmitting, pursuant agement and Program Analyst, Federal lieutenant general on the retired list; to the to section 36(c) of the Arms Export Control Committee on Armed Services. Aviation Administration, Department of Act, the certification of a proposed license Transportation, transmitting, pursuant to EC–3319. A communication from the Direc- for the export of firearms and accessories tor of Legislative Affairs, Federal Deposit law, the report of a rule entitled ‘‘Amend- abroad controlled under Category I of the ment of Class D and E Airspace; Battle Insurance Corporation, transmitting, pursu- United States Munitions List of M60 and ant to law, the report of a rule entitled ‘‘Re- Creek, MI’’ ((RIN2120–AA66) (Docket No. M2HB machine guns, MK19 grenade machine FAA–2017–0232)) received in the Office of the strictions on Qualified Financial Contracts guns, and associated components to Tunisia of Certain FDIC–Supervised Institutions; Re- President of the Senate on October 31, 2017; in the amount of $1,000,000 or more (Trans- to the Committee on Commerce, Science, visions to the Definition of Qualifying Mas- mittal No. DDTC 17–038); to the Committee ter Netting Agreement and Related Defini- and Transportation. on Foreign Relations. EC–3336. A communication from the Man- tions’’ (RIN3064–AE46) received in the Office EC–3327. A communication from the Dep- agement and Program Analyst, Federal of the President of the Senate on October 31, uty Assistant Secretary, Legislative Affairs, Aviation Administration, Department of 2017; to the Committee on Banking, Housing, Department of State, transmitting, pursuant Transportation, transmitting, pursuant to and Urban Affairs. to section 36(c) and 36(d) of the Arms Export law, the report of a rule entitled ‘‘Amend- EC–3320. A communication from the Attor- Control Act, the certification of a proposed ment of Class D and E Airspace; Battle ney-Advisor, Office of General Counsel, De- license for the export of defense articles, in- Creek, MI’’ ((RIN2120–AA66) (Docket No. partment of Transportation, transmitting, cluding technical data, and defense services FAA–2017–0232)) received in the Office of the pursuant to law, a report relative to a va- to Japan to support the manufacture, inte- President of the Senate on October 31, 2017; cancy for the position of Administrator, Fed- gration, installation, and assembly of the to the Committee on Commerce, Science, eral Transit Administration, Department of Japanese Patriot PAC–3 missile program in and Transportation. Transportation, received during adjourn- the amount of $100,000,000 or more (Trans- EC–3337. A communication from the Man- ment of the Senate in the Office of the Presi- mittal No. DDTC 17–048); to the Committee agement and Program Analyst, Federal dent of the Senate on October 27, 2017; to the on Foreign Relations. Aviation Administration, Department of Committee on Banking, Housing, and Urban EC–3328. A communication from the Chair- Transportation, transmitting, pursuant to Affairs. man of the Council of the District of Colum- law, the report of a rule entitled ‘‘Amend- bia, transmitting, pursuant to law, a report EC–3321. A communication from the Chief ment of Class E Airspace; Evansville, IN’’ on D.C. Act 22–130, ‘‘Fiscal Year 2018 Budget of the Trade and Commercial Regulations ((RIN2120–AA66) (Docket No. FAA–2016–9540)) Support Act of 2017’’; to the Committee on Branch, Bureau of Customs and Border Pro- received in the Office of the President of the Homeland Security and Governmental Af- tection, Department of Homeland Security, Senate on October 31, 2017; to the Committee transmitting, pursuant to law, the report of fairs. EC–3329. A communication from the Chair- on Commerce, Science, and Transportation. a rule entitled ‘‘Procedures to Adjust Cus- EC–3338. A communication from the Man- man of the Council of the District of Colum- toms COBRA User Fees to Reflect Inflation’’ agement and Program Analyst, Federal bia, transmitting, pursuant to law, a report ((RIN1515–AE25) (CBP Dec. 17–16)) received in Aviation Administration, Department of on D.C. Act 22–152, ‘‘General Obligation the Office of the President of the Senate on Transportation, transmitting, pursuant to Bonds and Bond Anticipation Notes for Fis- October 30, 2017; to the Committee on Fi- law, the report of a rule entitled ‘‘Amend- cal Years 2018–2023 Authorization Temporary nance. ment of Class E Airspace; Sunriver, OR’’ EC–3322. A communication from the Chief Act of 2017’’; to the Committee on Homeland Security and Governmental Affairs. ((RIN2120–AA66) (Docket No. FAA–2017–0617)) of the Publications and Regulations Branch, received in the Office of the President of the Internal Revenue Service, Department of the EC–3330. A communication from the Chair- man of the Council of the District of Colum- Senate on October 31, 2017; to the Committee Treasury, transmitting, pursuant to law, the on Commerce, Science, and Transportation. report of a rule entitled ‘‘2018 Limitations bia, transmitting, pursuant to law, a report on D.C. Act 22–153, ‘‘Capitol Riverfront Busi- EC–3339. A communication from the Man- Adjusted As Provided in Section 415(d), etc.’’ agement and Program Analyst, Federal (Notice 2017–64) received in the Office of the ness Improvement District Amendment Act of 2017’’; to the Committee on Homeland Se- Aviation Administration, Department of President of the Senate on October 16, 2017; Transportation, transmitting, pursuant to to the Committee on Finance. curity and Governmental Affairs. EC–3331. A communication from the Chair- law, the report of a rule entitled ‘‘Amend- EC–3323. A communication from the Dep- man of the Council of the District of Colum- ment of Class E Airspace; Canadian, TX; and uty Assistant Secretary, Legislative Affairs, bia, transmitting, pursuant to law, a report Wheeler, TX’’ ((RIN2120–AA66) (Docket No. Department of State, transmitting, pursuant on D.C. Act 22–169, ‘‘DC HealthCare Alliance FAA–2017–0458)) received in the Office of the to section 36(d) of the Arms Export Control Recertification Simplification Amendment President of the Senate on October 31, 2017; Act, the certification of a proposed license Act of 2017’’; to the Committee on Homeland to the Committee on Commerce, Science, for the export of defense articles, including Security and Governmental Affairs. and Transportation. technical data, and defense services to the EC–3332. A communication from the Dep- EC–3340. A communication from the Man- Republic of Korea to support the manufac- uty Assistant Secretary, Legislative Affairs, agement and Program Analyst, Federal ture, integration, installation, and testing of Department of State, transmitting, pursuant Aviation Administration, Department of the Electro-Optical Tracking System II in to section 36(c) of the Arms Export Control Transportation, transmitting, pursuant to the amount of $3,200,000 or more (Trans- Act, the certification of a proposed license law, the report of a rule entitled ‘‘Amend- mittal No. DDTC 17–072); to the Committee for the export of defense articles, including ment of Class E Airspace; Medford, WI and on Foreign Relations. technical data, and defense services to Japan Waupaca, WI’’ ((RIN2120–AA66) (Docket No. EC–3324. A communication from the Dep- for the manufacture of PAC–3 Missile Seg- FAA–2017–0388)) received in the Office of the uty Assistant Secretary, Legislative Affairs, ment Command and Launch System for the President of the Senate on October 31, 2017; Department of State, transmitting, pursuant Japanese PATRIOT Growth Program in the to the Committee on Commerce, Science, to section 36(c) of the Arms Export Control amount of $100,000,000 or more (Transmittal and Transportation. Act, the certification of a proposed license No. DDTC 17–059); to the Committee on For- EC–3341. A communication from the Man- for the export of defense articles, including eign Relations. agement and Program Analyst, Federal technical data, and defense services to Japan EC–3333. A communication from the Man- Aviation Administration, Department of to support the integration, installation, op- agement and Program Analyst, Federal Transportation, transmitting, pursuant to eration, training, testing, maintenance, and Aviation Administration, Department of law, the report of a rule entitled ‘‘Amend- repair of the KC–767 tanker in the amount of Transportation, transmitting, pursuant to ment of Class E Airspace; Hebron, NE’’ $100,000,000 or more (Transmittal No. DDTC law, the report of a rule entitled ‘‘Amend- ((RIN2120–AA66) (Docket No. FAA–2017–0175)) 17–069); to the Committee on Foreign Rela- ment of Class D and Class E Airspace; Eliza- received in the Office of the President of the tions. beth City, NC’’ ((RIN2120–AA66) (Docket No. Senate on October 31, 2017; to the Committee EC–3325. A communication from the Dep- FAA–2016–0384)) received in the Office of the on Commerce, Science, and Transportation. uty Assistant Secretary, Legislative Affairs, President of the Senate on October 31, 2017; EC–3342. A communication from the Man- Department of State, transmitting, pursuant to the Committee on Commerce, Science, agement and Program Analyst, Federal to section 36(c) and 36(d) of the Arms Export and Transportation. Aviation Administration, Department of

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.006 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6969 Transportation, transmitting, pursuant to 8927)) received in the Office of the President EC–3359. A communication from the Man- law, the report of a rule entitled ‘‘Amend- of the Senate on October 31, 2017; to the Com- agement and Program Analyst, Federal ment of Class E Airspace; Clarinda, IA’’ mittee on Commerce, Science, and Transpor- Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2017–0536)) tation. Transportation, transmitting, pursuant to received in the Office of the President of the EC–3351. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Senate on October 31, 2017; to the Committee agement and Program Analyst, Federal ness Directives; The Boeing Company Air- on Commerce, Science, and Transportation. Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–3343. A communication from the Man- Transportation, transmitting, pursuant to 2017–0244)) received in the Office of the Presi- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on October 31, 2017; to the Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– Committee on Commerce, Science, and Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2017–0498)) received Transportation. law, the report of a rule entitled ‘‘Establish- in the Office of the President of the Senate EC–3360. A communication from the Man- ment of Class E Airspace; Augusta, AR’’ on October 31, 2017; to the Committee on agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2016–9274)) Commerce, Science, and Transportation. Aviation Administration, Department of received in the Office of the President of the EC–3352. A communication from the Man- Transportation, transmitting, pursuant to Senate on October 31, 2017; to the Committee agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- on Commerce, Science, and Transportation. Aviation Administration, Department of ness Directives; Bombardier, Inc., Airplanes’’ EC–3344. A communication from the Man- Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2015–8434)) agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– Senate on October 31, 2017; to the Committee Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2017–0813)) received on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Establish- in the Office of the President of the Senate EC–3361. A communication from the Man- ment of Class E Airspace; Picayune, MS’’ on October 31, 2017; to the Committee on agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2017–0320)) Commerce, Science, and Transportation. Aviation Administration, Department of received in the Office of the President of the EC–3353. A communication from the Man- Transportation, transmitting, pursuant to Senate on October 31, 2017; to the Committee agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- on Commerce, Science, and Transportation. Aviation Administration, Department of ness Directives; Bombardier, Inc., Airplanes’’ EC–3345. A communication from the Man- Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2017–0691)) agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– Senate on October 31, 2017; to the Committee Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2017–0248)) received on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Establish- in the Office of the President of the Senate EC–3362. A communication from the Man- ment of Class E Airspace, Big Timber, MT’’ on October 31, 2017; to the Committee on agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2017–0392)) Commerce, Science, and Transportation. Aviation Administration, Department of received in the Office of the President of the EC–3354. A communication from the Man- Transportation, transmitting, pursuant to Senate on October 31, 2017; to the Committee agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- on Commerce, Science, and Transportation. Aviation Administration, Department of ness Directives; General Electric Company EC–3346. A communication from the Man- Transportation, transmitting, pursuant to Turbofan Engines’’ ((RIN2120–AA64) (Docket agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- No. FAA–2017–0254)) received in the Office of Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– the President of the Senate on October 31, Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2017–0515)) received 2017; to the Committee on Commerce, law, the report of a rule entitled ‘‘Establish- in the Office of the President of the Senate Science, and Transportation. ment of Class E Airspace; Hattiesburg, MS’’ on October 31, 2017; to the Committee on EC–3363. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2017–0321)) Commerce, Science, and Transportation. agement and Program Analyst, Federal received in the Office of the President of the EC–3355. A communication from the Man- Aviation Administration, Department of Senate on October 31, 2017; to the Committee agement and Program Analyst, Federal Transportation, transmitting, pursuant to on Commerce, Science, and Transportation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- EC–3347. A communication from the Man- Transportation, transmitting, pursuant to ness Directives; Honeywell International Inc. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- Turbofan Engines’’ ((RIN2120–AA64) (Docket Aviation Administration, Department of ness Directives; Airbus Airplanes’’ ((RIN2120– No. FAA–2016–9451)) received in the Office of Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2017–0624)) received the President of the Senate on October 31, law, the report of a rule entitled ‘‘Establish- in the Office of the President of the Senate 2017; to the Committee on Commerce, ment of Class E Airspace; Onida, SD’’ on October 31, 2017; to the Committee on Science, and Transportation. ((RIN2120–AA66) (Docket No. FAA–2016–9546)) Commerce, Science, and Transportation. EC–3364. A communication from the Man- received in the Office of the President of the EC–3356. A communication from the Man- agement and Program Analyst, Federal Senate on October 31, 2017; to the Committee agement and Program Analyst, Federal Aviation Administration, Department of on Commerce, Science, and Transportation. Aviation Administration, Department of Transportation, transmitting, pursuant to EC–3348. A communication from the Man- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- ness Directives; Honeywell International Inc. Aviation Administration, Department of ness Directives; Airbus Defense and Space S. Turbofan Engines’’ ((RIN2120–AA64) (Docket Transportation, transmitting, pursuant to A. (Formerly Known as Construcciones No. FAA–2017–0034)) received in the Office of law, the report of a rule entitled ‘‘Establish- Aeronauticas, S.A.) Airplanes’’ ((RIN2120– the President of the Senate on October 31, ment of Class E Airspace and Amendment of AA64) (Docket No. FAA–2016–9386)) received 2017; to the Committee on Commerce, Class D and Class E Airspace; Kaunakakai, in the Office of the President of the Senate Science, and Transportation. HI’’ ((RIN2120–AA66) (Docket No. FAA–2017– on October 31, 2017; to the Committee on EC–3365. A communication from the Man- 0295)) received in the Office of the President Commerce, Science, and Transportation. agement and Program Analyst, Federal of the Senate on October 31, 2017; to the Com- EC–3357. A communication from the Man- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal Transportation, transmitting, pursuant to tation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- EC–3349. A communication from the Man- Transportation, transmitting, pursuant to ness Directives; PIAGGIO AERO INDUS- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- TRIES S.p.A. Airplanes’’ ((RIN2120–AA64) Aviation Administration, Department of ness Directives; The Boeing Company Air- (Docket No. FAA–2017–0648)) received in the Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– Office of the President of the Senate on Oc- law, the report of a rule entitled ‘‘Amend- 2016–9183)) received in the Office of the Presi- tober 31, 2017; to the Committee on Com- ment of Restricted Areas R–3004A and R– dent of the Senate on October 31, 2017; to the merce, Science, and Transportation. 3004B and Establishment of R–3004C; Fort Committee on Commerce, Science, and EC–3366. A communication from the Man- Gordon, GA’’ ((RIN2120–AA66) (Docket No. Transportation. agement and Program Analyst, Federal FAA–2017–0886)) received in the Office of the EC–3358. A communication from the Man- Aviation Administration, Department of President of the Senate on October 31, 2017; agement and Program Analyst, Federal Transportation, transmitting, pursuant to to the Committee on Commerce, Science, Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- and Transportation. Transportation, transmitting, pursuant to ness Directives; Rolls-Royce plc Turbofan EC–3350. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Engines’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal ness Directives; The Boeing Company Air- 2017–0753)) received in the Office of the Presi- Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– dent of the Senate on October 31, 2017; to the Transportation, transmitting, pursuant to 2017–0243)) received in the Office of the Presi- Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Establish- dent of the Senate on October 31, 2017; to the Transportation. ment of Restricted Area R–2603; Fort Carson, Committee on Commerce, Science, and EC–3367. A communication from the Man- CO’’ ((RIN2120–AA66) (Docket No. FAA–2016– Transportation. agement and Program Analyst, Federal

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.008 S01NOPT1 S6970 CONGRESSIONAL RECORD — SENATE November 1, 2017 Aviation Administration, Department of S. Res. 279. A resolution reaffirming the and substance use disorders among young Transportation, transmitting, pursuant to commitment of the United States to pro- people; to the Committee on Health, Edu- law, the report of a rule entitled ‘‘Standard mote democracy, human rights, and the rule cation, Labor, and Pensions. Instrument Approach Procedures, and Take- of law in Cambodia. By Mrs. GILLIBRAND: off Minimums and Obstacle Departure Proce- f S. 2056. A bill to direct the Secretary of dures; Miscellaneous Amendments (57); Transportation to establish a traffic barrier Amdt. No. 3765’’ (RIN2120–AA65) received in EXECUTIVE REPORTS OF installation grant program, and for other the Office of the President of the Senate on COMMITTEE purposes; to the Committee on Environment October 31, 2017; to the Committee on Com- and Public Works. merce, Science, and Transportation. The following executive reports of By Ms. BALDWIN (for herself, Mrs. EC–3368. A communication from the Man- nominations were submitted: FEINSTEIN, Ms. HARRIS, Ms. HASSAN, agement and Program Analyst, Federal By Mr. CRAPO for the Committee on Mr. MARKEY, Mrs. SHAHEEN, and Mr. Aviation Administration, Department of Banking, Housing, and Urban Affairs. UDALL): Transportation, transmitting, pursuant to *Hester Maria Peirce, of Ohio, to be a S. 2057. A bill to prevent conflicts of inter- law, the report of a rule entitled ‘‘Standard Member of the Securities and Exchange est that stem from the revolving door that Instrument Approach Procedures, and Take- Commission for a term expiring June 5, 2020. raises concerns about the independence of off Minimums and Obstacle Departure Proce- *Robert J. Jackson, Jr., of New York, to be pharmaceutical regulators; to the Com- dures; Miscellaneous Amendments (23); a Member of the Securities and Exchange mittee on Homeland Security and Govern- Amdt. No. 3766’’ (RIN2120–AA65) received in Commission for the remainder of the term mental Affairs. the Office of the President of the Senate on expiring June 5, 2019. By Mr. WYDEN (for himself and Mr. October 31, 2017; to the Committee on Com- *David J. Ryder, of New Jersey, to be Di- MERKLEY): merce, Science, and Transportation. rector of the Mint for a term of five years. S. 2058. A bill to amend title 38, United EC–3369. A communication from the Man- *Nomination was reported with rec- States Code, to increase the thresholds by agement and Program Analyst, Federal ommendation that it be confirmed sub- which medical facility projects and medical Aviation Administration, Department of facility leases of the Department of Veterans Transportation, transmitting, pursuant to ject to the nominee’s commitment to Affairs are considered major medical facility law, the report of a rule entitled ‘‘Stage 5 respond to requests to appear and tes- projects and major medical facility leases, Airplane Noise Standards’’ ((RIN2120–AK52) tify before any duly constituted com- respectively, and for other purposes; to the (Docket No. FAA–2015–3782)) received in the mittee of the Senate. Committee on Veterans’ Affairs. Office of the President of the Senate on Oc- f f tober 31, 2017; to the Committee on Com- merce, Science, and Transportation. INTRODUCTION OF BILLS AND SUBMISSION OF CONCURRENT AND EC–3370. A communication from the Man- JOINT RESOLUTIONS SENATE RESOLUTIONS agement and Program Analyst, Federal The following concurrent resolutions Aviation Administration, Department of The following bills and joint resolu- Transportation, transmitting, pursuant to tions were introduced, read the first and Senate resolutions were read, and law, the report of a rule entitled ‘‘Airspace and second times by unanimous con- referred (or acted upon), as indicated: Designations; Incorporation by Reference sent, and referred as indicated: By Mr. BROWN (for himself and Mr. Amendments’’ ((RIN2120–AA66) (Docket No. By Mr. MORAN: ISAKSON): FAA–2017–0798)) received in the Office of the S. 2049. A bill to amend the Agricultural S. Res. 319. A resolution supporting the President of the Senate on October 31, 2017; Credit Act of 1978 to increase support for goals, activities, and ideals of Prematurity to the Committee on Commerce, Science, conservation practices under the emergency Awareness Month; to the Committee on and Transportation. conservation program, and for other pur- Health, Education, Labor, and Pensions. EC–3371. A communication from the Pro- poses; to the Committee on Agriculture, Nu- By Mr. GRASSLEY (for himself, Mrs. gram Analyst, National Highway Traffic trition, and Forestry. FEINSTEIN, Mr. CORNYN, and Ms. KLO- Safety Administration, Department of By Mr. MORAN: BUCHAR): Transportation, transmitting, pursuant to S. 2050. A bill to amend the Agricultural S. Res. 320. A resolution supporting the law, the report of a rule entitled ‘‘Motor Ve- Act of 2014 to provide to producers partial goals and ideals of National Domestic Vio- hicle Safety Standards; Electronic Stability payments under the livestock indemnity pro- lence Awareness Month, commending domes- Control Systems for Heavy Vehicles’’ gram for livestock sold for salvage; to the tic violence victim advocates, domestic vio- (RIN2127–AL78) received in the Office of the Committee on Agriculture, Nutrition, and lence victim service providers, crisis hotline President of the Senate on October 31, 2017; Forestry. staff, and first responders serving victims of to the Committee on Commerce, Science, By Mr. PORTMAN (for himself and Mr. domestic violence for their compassionate and Transportation. BENNET): support of survivors of domestic violence, EC–3372. A communication from the Attor- S. 2051. A bill to amend title XVIII of the and expressing the sense of the Senate that ney-Advisor, Office of General Counsel, De- Social Security Act to modernize the physi- Congress should continue to support efforts partment of Transportation, transmitting, cian self-referral prohibitions to promote to end domestic violence, provide safety for pursuant to law, a report relative to a va- care coordination in the merit-based incen- victims of domestic violence and their fami- cancy for the position of Administrator, Na- tive payment system and to facilitate physi- lies, and hold perpetrators of domestic vio- tional Highway Traffic Safety Administra- cian practice participation in alternative lence accountable; considered and agreed to. tion, Department of Transportation, received payment models under the Medicare pro- f during adjournment of the Senate in the Of- gram, and for other purposes; to the Com- fice of the President of the Senate on Octo- mittee on Finance. ADDITIONAL COSPONSORS ber 27, 2017; to the Committee on Commerce, By Mr. HATCH: S. 66 Science, and Transportation. S. 2052. A bill to provide for temporary At the request of Mr. HELLER, the f funding for health insurance cost-sharing re- name of the Senator from Minnesota duction payments and provide targeted tax PETITIONS AND MEMORIALS relief, and for other purposes; to the Com- (Ms. KLOBUCHAR) was added as a co- mittee on Finance. sponsor of S. 66, a bill to amend title The following petition or memorial 10, United States Code, to permit cer- was laid before the Senate and was re- By Mr. MORAN: S. 2053. A bill to amend the Agricultural tain retired members of the uniformed ferred or ordered to lie on the table as Act of 2014 to increase the maximum amount services who have a service-connected indicated: of assistance authorized under supplemental disability to receive both disability POM–132. A petition from a citizen of the agricultural disaster assistance programs; to compensation from the Department of State of Texas relative to an amendment to the Committee on Agriculture, Nutrition, Veterans Affairs for their disability the United States Constitution; to the Com- and Forestry. mittee on the Judiciary. By Mr. MORAN: and either retired pay by reason of S. 2054. A bill to amend the Agricultural their years of military service or Com- f Credit Act of 1978 to establish a program to bat-Related Special Compensation, and REPORTS OF COMMITTEES provide advance payments under the Emer- for other purposes. gency Conservation Program for the repair S. 109 The following reports of committees or replacement of fencing; to the Committee At the request of Mr. GRASSLEY, the were submitted: on Agriculture, Nutrition, and Forestry. By Mr. CORKER, from the Committee on By Mr. PETERS (for himself and Mrs. name of the Senator from Massachu- Foreign Relations, with an amendment in CAPITO): setts (Ms. WARREN) was added as a co- the nature of a substitute and with an S. 2055. A bill to amend the Public Health sponsor of S. 109, a bill to amend title amended preamble: Service Act to better address substance use XVIII of the Social Security Act to

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.010 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6971 provide for coverage under the Medi- S. 1333 selor services under part B of the Medi- care program of pharmacist services. At the request of Mr. TESTER, the care program, and for other purposes. S. 382 name of the Senator from Alaska (Ms. S. 1967 At the request of Mrs. FEINSTEIN, her MURKOWSKI) was added as a cosponsor At the request of Mr. COTTON, the name was added as a cosponsor of S. of S. 1333, a bill to provide for rental name of the Senator from Mississippi 382, a bill to require the Secretary of assistance for homeless or at-risk In- (Mr. COCHRAN) was added as a cospon- Health and Human Services to develop dian veterans. sor of S. 1967, a bill to amend the Inter- a voluntary registry to collect data on S. 1400 nal Revenue Code of 1986 to provide ad- cancer incidence among firefighters. At the request of Mr. HEINRICH, the ditional exemptions to the individual S. 428 name of the Senator from Oklahoma mandate, and for other purposes. At the request of Mr. GRASSLEY, the (Mr. LANKFORD) was added as a cospon- S. 2016 name of the Senator from Georgia (Mr. sor of S. 1400, a bill to amend title 18, At the request of Mr. MARKEY, the PERDUE) was added as a cosponsor of S. United States Code, to enhance protec- name of the Senator from Vermont 428, a bill to amend titles XIX and XXI tions of Native American tangible cul- (Mr. SANDERS) was added as a cospon- of the Social Security Act to authorize tural heritage, and for other purposes. sor of S. 2016, a bill to prevent an un- States to provide coordinated care to S. 1480 constitutional strike against North children with complex medical condi- At the request of Mr. KING, the name Korea. tions through enhanced pediatric of the Senator from Wisconsin (Ms. S. RES. 310 health homes, and for other purposes. BALDWIN) was added as a cosponsor of At the request of Mr. CASEY, the S. 527 S. 1480, a bill to amend the Internal name of the Senator from New Jersey At the request of Mr. BLUNT, the Revenue Code of 1986 to include bio- (Mr. BOOKER) was added as a cosponsor name of the Senator from Nevada (Mr. mass heating appliances for tax credits of S. Res. 310, a resolution recognizing HELLER) was added as a cosponsor of S. available for energy-efficient building the importance of a continued commit- 527, a bill to improve access to emer- property and energy property. ment to ending pediatric AIDS world- gency medical services, and for other S. 1498 wide. purposes. At the request of Ms. COLLINS, the f S. 591 name of the Senator from Virginia (Mr. SUBMITTED RESOLUTIONS At the request of Mrs. MURRAY, the KAINE) was added as a cosponsor of S. name of the Senator from Virginia (Mr. 1498, a bill to establish in the Smithso- KAINE) was added as a cosponsor of S. nian Institution a comprehensive SENATE RESOLUTION 319—SUP- 591, a bill to expand eligibility for the American women’s history museum, PORTING THE GOALS, ACTIVI- program of comprehensive assistance and for other purposes. TIES, AND IDEALS OF PRE- for family caregivers of the Depart- S. 1700 MATURITY AWARENESS MONTH ment of Veterans Affairs, to expand At the request of Mr. UDALL, the Mr. BROWN (for himself and Mr. benefits available to participants under name of the Senator from Oregon (Mr. ISAKSON) submitted the following reso- such program, to enhance special com- MERKLEY) was added as a cosponsor of lution; which was referred to the Com- pensation for members of the uni- S. 1700, a bill to amend the Energy Pol- mittee on Health, Education, Labor, formed services who require assistance icy and Conservation Act to establish a and Pensions: in everyday life, and for other pur- WaterSense program within the Envi- S. RES. 319 poses. ronmental Protection Agency, and for Whereas, according to the World Health S. 708 other purposes. Organization, complications of preterm birth At the request of Mr. MARKEY, the S. 1720 is now the number one killer of children name of the Senator from Delaware At the request of Mr. COTTON, the under 5 years of age worldwide; Whereas 1,100,000 children die every year (Mr. COONS) was added as a cosponsor name of the Senator from Mississippi due to complications of preterm birth; of S. 708, a bill to improve the ability (Mr. WICKER) was added as a cosponsor Whereas preterm birth is a global problem of U.S. Customs and Border Protection of S. 1720, a bill to amend the Immigra- that exacts a harsh toll on families from all to interdict fentanyl, other synthetic tion and Nationality Act to establish a parts of society in every country; opioids, and other narcotics and skills-based immigration points sys- Whereas there are stark inequalities in the psychoactive substances that are ille- tem, to focus family-sponsored immi- survival rates of preterm babies born around gally imported into the United States, gration on spouses and minor children, the world; and for other purposes. to eliminate the Diversity Visa Pro- Whereas complications from preterm birth gram, to set a limit on the number of have lifelong consequences for the health, S. 1112 growth, and development of infants; At the request of Ms. HEITKAMP, the refugees admitted annually to the Whereas up to 75 percent of deaths result- name of the Senator from Ohio (Mr. United States, and for other purposes. ing from preterm birth worldwide can be pre- BROWN) was added as a cosponsor of S. S. 1838 vented through proven low-cost interven- 1112, a bill to support States in their At the request of Ms. WARREN, the tions; work to save and sustain the health of names of the Senator from Vermont Whereas countries can improve maternal health and the survival rate of babies born mothers during pregnancy, childbirth, (Mr. SANDERS) and the Senator from prematurely by making strategic invest- and in the postpartum period, to elimi- Hawaii (Ms. HIRONO) were added as co- ments in health care systems to ensure ac- nate disparities in maternal health sponsors of S. 1838, a bill to repeal the cess to high-quality adolescent and pre-preg- outcomes for pregnancy-related and authority under the National Labor nancy care, prenatal care, childbirth serv- pregnancy-associated deaths, to iden- Relations Act for States to enact laws ices, emergency obstetric care, postnatal tify solutions to improve health care prohibiting agreements requiring mem- care, and comprehensive care for affected quality and health outcomes for moth- bership in a labor organization as a newborns; ers, and for other purposes. condition of employment, and for other Whereas according to data collected by the purposes. Centers for Disease Control and Prevention, S. 1191 preterm-related causes are the leading con- At the request of Mr. GRASSLEY, the S. 1879 tributors to infant death in the United name of the Senator from Maryland At the request of Mr. BARRASSO, the States, accounting for more than 1⁄3 of infant (Mr. CARDIN) was added as a cosponsor names of the Senator from Maine (Mr. deaths; of S. 1191, a bill to amend title XVIII of KING), the Senator from Delaware (Mr. Whereas while the preterm birth rate in the Social Security Act to refine how COONS) and the Senator from Ohio (Mr. the United States decreased from a peak of 12.8 percent in 2006, the preterm birth rate of Medicare pays for orthotics and pros- BROWN) were added as cosponsors of S. 9.8 percent in 2016 is still too high; thetics and to improve beneficiary ex- 1879, a bill to amend title XVIII of the Whereas there are significant racial and perience and outcomes with orthotic Social Security Act to provide for the ethnic disparities in preterm birth rates and prosthetic care, and for other pur- coverage of marriage and family thera- among many communities in the United poses. pist services and mental health coun- States;

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.015 S01NOPT1 S6972 CONGRESSIONAL RECORD — SENATE November 1, 2017 Whereas the Institute of Medicine of the Whereas domestic violence is cited as a As noted by the National Network to National Academies estimated in 2006 that significant factor in homelessness among End Domestic Violence, domestic vio- the annual societal economic cost associated families; lence is a crime that thrives when we with preterm birth in the United States was Whereas millions of children are exposed remain silent. That’s why the Senate $26,200,000,000; to domestic violence each year; Whereas many preterm births can be pre- Whereas research shows that boys who are today passed the resolution that I re- vented through evidence-based public health exposed to domestic violence in their house- cently introduced with Senator FEIN- programs focused on reducing risk factors holds are more likely to become perpetrators STEIN to commemorate National Do- such as tobacco use, inadequate birth spac- of intimate partner violence; mestic Violence Awareness Month. ing, and early elective deliveries; and Whereas victims of domestic violence expe- As stated in our resolution, Congress Whereas, in the United States and around rience immediate and long-term negative should continue to raise awareness of the world, November is recognized as Pre- outcomes, including detrimental effects on domestic violence in the United States. maturity Awareness Month: Now, therefore, mental and physical health; be it Whereas victims of domestic violence may We also should pledge our continued Resolved, That the Senate— lose several days of paid work each year and support for programs designed to assist (1) supports the recognition of Prematurity may lose their jobs due to reasons stemming survivors, hold perpetrators account- Awareness Month; from domestic violence; able, and bring an end to domestic vio- (2) supports efforts at home and abroad— Whereas crisis hotlines serving domestic lence. (A) to reduce the impact of preterm births violence victims operate 24 hours per day, 365 Congress has made support to sur- by improving maternal health during and days per year, and offer important crisis vivors a national priority for over after pregnancy; and intervention services, support services, in- (B) to advance the care and treatment of formation, and referrals for victims; three decades, through the enactment infants born preterm; Whereas staff and volunteers of domestic of the Violence Against Women Act, (3) honors individuals working domesti- violence shelters and programs in the United the Victims of Crime Act, and other cally and internationally to reduce preterm States, in cooperation with 56 State and ter- Federal laws. Through the enactment births; and ritorial coalitions against domestic violence, of laws criminalizing domestic violence (4) expresses the intent of the Senate to serve— at the State and local level, we’ve also promote evidence-based prevention interven- (1) thousands of adults and children each sent a strong signal to abusers that do- day; and tions to prevent preterm birth and improve mestic violence is not a ‘‘private’’ mat- outcomes for affected infants. (2) 1,000,000 adults and children each year; Whereas, according to a 2016 survey con- ter. f ducted by the National Network to End Do- We’ve come a long way, but we still SENATE RESOLUTION 320—SUP- mestic Violence, 72,959 domestic violence have much work to do on this front. PORTING THE GOALS AND victims were served by domestic violence Even now, domestic violence affects IDEALS OF NATIONAL DOMESTIC shelters and programs around the United millions in the United States, includ- States in a single day; VIOLENCE AWARENESS MONTH, Whereas law enforcement officers in the ing women, men, and children of every COMMENDING DOMESTIC VIO- United States put their lives at risk each age and socio-economic status. About LENCE VICTIM ADVOCATES, DO- day by responding to incidents of domestic one in five women will at some point in MESTIC VIOLENCE VICTIM SERV- violence, which can be among the most vola- their lifetime become a victim of this ICE PROVIDERS, CRISIS HOTLINE tile and deadly calls; crime, according to the Centers for Dis- STAFF, AND FIRST RESPONDERS Whereas Congress first demonstrated a sig- ease Control. SERVING VICTIMS OF DOMESTIC nificant commitment to supporting victims I applaud the many individuals and VIOLENCE FOR THEIR COMPAS- of domestic violence with the enactment of the landmark Family Violence Prevention organizations in Iowa and elsewhere SIONATE SUPPORT OF SUR- and Services Act (42 U.S.C. 10401 et seq.); around the Nation that work around VIVORS OF DOMESTIC VIOLENCE, Whereas Congress has remained committed the clock to respond to victims in cri- AND EXPRESSING THE SENSE OF to protecting survivors of all forms of domes- sis. They include the hotline personnel THE SENATE THAT CONGRESS tic violence and sexual abuse by making who provide support 365 days a year. SHOULD CONTINUE TO SUPPORT Federal funding available to support the ac- They include the staff and volunteers EFFORTS TO END DOMESTIC VIO- tivities that are authorized under— at shelters, who provide safe havens for LENCE, PROVIDE SAFETY FOR (1) the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.); and those escaping abuse. They include the VICTIMS OF DOMESTIC VIO- (2) the Violence Against Women Act of 1994 advocates who champion survivors’ in- LENCE AND THEIR FAMILIES, (34 U.S.C. 12291 et seq.); terests at the State and Federal levels. AND HOLD PERPETRATORS OF Whereas there is a need to continue to sup- Last, but certainly not least, they in- DOMESTIC VIOLENCE ACCOUNT- port programs and activities aimed at do- clude the first responders who compas- ABLE mestic violence intervention and domestic sionately respond to victims in crisis. violence prevention in the United States; We applaud their continued service Mr. GRASSLEY (for himself, Mrs. and FEINSTEIN, Mr. CORNYN, and Ms. KLO- Whereas individuals and organizations that and we continue to support the goals BUCHAR) submitted the following reso- are dedicated to preventing and ending do- and ideals of National Domestic Vio- lution; which was considered and mestic violence should be recognized: Now, lence Awareness Month. agreed to: therefore, be it Resolved, That— f S. RES. 320 (1) the Senate supports the goals and ideals Whereas, according to the National Inti- of ‘‘National Domestic Violence Awareness mate Partner and Sexual Violence Survey— Month’’; and AUTHORITY FOR COMMITTEES TO (1) up to 12,000,000 individuals in the United (2) it is the sense of the Senate that Con- MEET States report experiencing intimate partner gress should— violence, including physical violence, rape, (A) continue to raise awareness of domes- Mr. GARDNER. Mr. President, I have or stalking; and tic violence in the United States and the cor- 8 requests for committees to meet dur- (2) approximately 1 in 5 women in the responding devastating effects of domestic ing today’s session of the Senate. They United States and up to 1 in 7 men in the violence on survivors, families, and commu- have the approval of the Majority and United States have experienced severe phys- nities; and Minority leaders. ical violence by an intimate partner at some (B) pledge continued support for programs Pursuant to rule XXVI, paragraph point in their lifetimes; designed— 5(a), of the Standing Rules of the Sen- Whereas, on average, 3 women in the (i) to assist survivors; United States are killed each day by a cur- (ii) to hold perpetrators accountable; and ate, the following committees are au- rent or former intimate partner, according (iii) to bring an end to domestic violence. thorized to meet during today’s session to the Bureau of Justice Statistics; Mr. GRASSLEY. Mr. President, I of the Senate: Whereas domestic violence can affect any- want to remind my colleagues that we COMMITTEE ON COMMERCE, SCIENCE, AND one, but women aged 18 to 34 typically expe- TRANSPORTATION rience the highest rates of intimate partner annually commemorate National Do- violence; mestic Violence Awareness Month in The Committee on Commerce, Whereas most female victims of intimate November. This is a time when we’re Science, and Transportation is author- partner violence have been victimized by the called to increase public awareness and ized to meet during the session of the same offender previously; understanding of domestic violence. Senate on Wednesday, November 1,

VerDate Sep 11 2014 07:14 Feb 13, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD17\NOVEMBER\S01NO7.REC S01NO7 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6973 2017, at 10 a.m., in room SR–253 to con- COMMITTEE ON INDIAN AFFAIRS (The resolution, with its preamble, is duct a hearing on the following nomi- The Committee on Indian Affairs is printed in today’s RECORD under ‘‘Sub- nations: James Bridenstine, of Okla- authorized to meet during the session mitted Resolutions.’’) homa, to be Administrator of the Na- of the Senate on Wednesday, November f tional Aeronautics and Space Adminis- 1, 2017, at 9:30 a.m., in room SD–628 to tration, Dana Baiocco, of Ohio, to be a conduct a hearing entitled ‘‘Building ORDERS FOR THURSDAY, Commissioner of the Consumer Prod- Tribal economies: Modernizing tax NOVEMBER 2, 2017 uct Safety Commission, and Nazakhtar policies that work for Indian country.’’ Mr. MCCONNELL. Mr. President, I Nikakhtar, of Maryland, and Neil Ja- SELECT COMMITTEE ON INTELLIGENCE ask unanimous consent that when the cobs, of North Carolina, both to be an The Select Committee on Intel- Senate completes its business today, it Assistant Secretary of Commerce. ligence is authorized to meet during adjourn until 9:30 a.m., Thursday, No- COMMITTEE ON BANKING, HOUSING, AND URBAN the session of the Senate on Wednes- vember 2; further, that following the AFFAIRS day, November 1, 2017, at 9:30 a.m., in prayer and pledge, the morning hour be The Committee on Banking, Housing, room SH–216 to conduct a hearing enti- deemed expired, the Journal of pro- and Urban Affairs is authorized to tled ‘‘Social Media Influence in the 2016 ceedings be approved to date, the time meet during the session of the Senate U.S. Elections.’’ for the two leaders be reserved for their on Wednesday, November 1, 2017, at 10 SUBCOMMITTEE ON MULTILATERAL INTER- use later in the day, and morning busi- a.m., to vote on the following nomina- NATIONAL DEVELOPMENT, MULTILATERAL IN- ness be closed; finally, that following tions: David J. Ryder, of New Jersey, STITUTIONS, AND INTERNATIONAL ECONOMIC, leader remarks, the Senate proceed to to be Director of the Mint, Department ENERGY, AND ENVIRONMENTAL POLICY executive session and resume consider- of the Treasury, and Hester Maria The Subcommittee on Multilateral ation of the Eid nomination under the Peirce, of Ohio, and Robert J. Jackson, International Development, Multilat- previous order. Jr., of New York, both to be a Member eral Institutions, and International The PRESIDING OFFICER. Without of the Securities and Exchange Com- Economic, Energy, and Environmental objection, it is so ordered. mission. Policy of the Committee on Foreign f COMMITTEE ON BANKING, HOUSING, AND URBAN Relations is authorized to meet during AFFAIRS the session of the Senate Wednesday, ADJOURNMENT UNTIL 9:30 A.M. The Committee on Banking, Housing, November 1, 2017, at 2:30 p.m. to con- TOMORROW and Urban Affairs is authorized to duct a hearing. meet during the session of the Senate Mr. MCCONNELL. Mr. President, if on Wednesday, November 1, 2017, at 10 f there is no further business to come be- a.m., to conduct a hearing on the fol- PRIVILEGES OF THE FLOOR fore the Senate, I ask unanimous con- sent that it stand adjourned under the lowing nominations: Scott Garrett, of Mr. MERKLEY. Mr. President, I ask New Jersey, to be President, Kimberly previous order. unanimous consent that my intern, There being no objection, the Senate, A. Reed, of West Virginia, to be First Isamar Chavez, be granted privileges of Vice President, Mark L. Greenblatt, of at 6:37 p.m., adjourned until Thursday, the floor for the remainder of the day. November 2, 2017, at 9:30 a.m. Maryland, to be Inspector General, and The PRESIDING OFFICER. Without Spencer Bachus III, of Alabama, Judith objection, it is so ordered. f Delzoppo Pryor, of Ohio, and Claudia NOMINATIONS Slacik, of New York, each to be a Mem- f ber of the Board of Directors, all of the SUPPORTING THE GOALS AND Executive nominations received by Export-Import Bank. IDEALS OF NATIONAL DOMESTIC the Senate: COMMITTEE ON FOREIGN RELATIONS VIOLENCE AWARENESS MONTH DEPARTMENT OF DEFENSE The Committee on Foreign Relations Mr. MCCONNELL. Mr. President, I MICHAEL D. GRIFFIN, OF ALABAMA, TO BE A PRIN- is authorized to meet during the ses- CIPAL DEPUTY UNDER SECRETARY OF DEFENSE, VICE ask unanimous consent that the Sen- ALAN F. ESTEVEZ. sion of the Senate on Wednesday, No- ate proceed to the consideration of S. RANDALL G. SCHRIVER, OF VIRGINIA, TO BE AN AS- vember 1, 2017, at 10 a.m., to conduct a SISTANT SECRETARY OF DEFENSE, VICE DAVID B. Res. 320, submitted earlier today. SHEAR. hearing on the following nominations: The PRESIDING OFFICER. The DEPARTMENT OF STATE Irwin Steven Goldstein, of New York, clerk will report the resolution by JOEL DANIES, OF MARYLAND, A CAREER MEMBER OF to be Under Secretary for Public Diplo- title. THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, macy, Rebecca Eliza Gonzales, of The legislative clerk read as follows: TO BE AMBASSADOR EXTRAORDINARY AND PLENI- POTENTIARY OF THE UNITED STATES OF AMERICA TO Texas, to be Ambassador to the King- A resolution (S. Res. 320) supporting the THE GABONESE REPUBLIC, AND TO SERVE CONCUR- dom of Lesotho, Lisa A. Johnson, of goals and ideals of National Domestic Vio- RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY Washington, to be Ambassador to the lence Awareness Month, commending domes- OF THE UNITED STATES OF AMERICA TO THE DEMO- Republic of Namibia, James Randolph tic violence victim advocates, domestic vio- CRATIC REPUBLIC OF SAO TOME AND PRINCIPE. Evans, of Georgia, to be Ambassador to lence victim service providers, crisis hotline DEPARTMENT OF EDUCATION staff, and first responders serving victims of Luxembourg, and Sean P. Lawler, of DOUGLAS WEBSTER, OF VIRGINIA, TO BE CHIEF FINAN- Maryland, to be Chief of Protocol, and domestic violence for their compassionate CIAL OFFICER, DEPARTMENT OF EDUCATION, VICE LAW- to have the rank of Ambassador during support of survivors of domestic violence, RENCE A. WARDER, RESIGNED. and expressing the sense of the Senate that DEPARTMENT OF LABOR his tenure of service, all of the Depart- Congress should continue to support efforts ment of State. SCOTT A. MUGNO, OF PENNSYLVANIA, TO BE AN AS- to end domestic violence, provide safety for SISTANT SECRETARY OF LABOR, VICE DAVID MORRIS MI- COMMITTEE ON THE JUDICIARY victims of domestic violence and their fami- CHAELS. The Committee on the Judiciary is lies, and hold perpetrators of domestic vio- THE JUDICIARY lence accountable. authorized to meet during the session JAMES R. SWEENEY II, OF INDIANA, TO BE UNITED of the Senate on Wednesday, November There being no objection, the Senate STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT 1, 2017, at 10 a.m., in room SD–226 to proceeded to consider the resolution. OF INDIANA, VICE SARAH EVANS BARKER, RETIRED. FOREIGN SERVICE conduct a hearing on the following Mr. MCCONNELL. Mr. President, I nominations: Leonard Steven Grasz, of ask unanimous consent that the reso- THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN SERVICE OF THE DEPARTMENT OF STATE TO BE A CON- Nebraska, to be United States Circuit lution be agreed to, the preamble be SULAR OFFICER AND A SECRETARY IN THE DIPLOMATIC Judge for the Eighth Circuit, Terry A. agreed to, and the motions to recon- SERVICE OF THE UNITED STATES OF AMERICA: Doughty, to be United States District LISA–FELICIA AFI AKORLI, OF ARIZONA sider be considered made and laid upon JAMES STEVEN ALVARADO, OF VIRGINIA Judge for the Western District of Lou- the table with no intervening action or BRITTANY NICOLE ANKERMAN, OF VIRGINIA isiana, Terry Fitzgerald Moorer, to be JUAN JOSE APARICIO, OF CALIFORNIA debate. ASHLE MARIE AROSTEGUI, OF FLORIDA United States District Judge for the The PRESIDING OFFICER. Without MARC N. BACHARACH, OF VIRGINIA Southern District of Alabama, and WILLIAM HUTCHESON BAKSI, OF THE DISTRICT OF CO- objection, it is so ordered. LUMBIA Mark Saalfield Norris, Sr., to be United The resolution (S. Res. 320) was DANIELLE PAULINE BARCHETTI, OF VIRGINIA States District Judge for the Western GEORGIOS BARDIS, OF MARYLAND agreed to. ERIC TOWNSHEND BARKER, OF VIRGINIA District of Tennessee. The preamble was agreed to. KATHLEEN V. BARRAMEDA, OF VIRGINIA

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WILLIAM ABELLO BASKERVILLE III, OF COLORADO DEJE JURIE HOLMES, OF ILLINOIS WILLARD SCOTT ROSENER, OF VIRGINIA BYRON J. BEAN, OF VIRGINIA ROSS R. HOLTAN, OF VIRGINIA ERIC SALGADO, OF CONNECTICUT JESSICA ANN BECK, OF VIRGINIA ALISON PAIGE HOPKINS, OF VIRGINIA SPENCER ASHLEY SALIBUR, OF NEW YORK HEATHER NICOLE BLAIR, OF VIRGINIA CHARLES WILLIAM HOUGH, OF VIRGINIA CHARLES J. SCHILDECKER, OF VIRGINIA THOMAS BOYLE, OF VIRGINIA JONATHAN PATRICK HULTINE, OF VIRGINIA MICHAEL RAY SEIFERT, OF VIRGINIA GREGORY W. BRONSON, OF VIRGINIA NIA THERESA JACKSON, OF FLORIDA TALIA E. SHABAT, OF VIRGINIA SHANE ERIC BROOKS, OF VIRGINIA MAURICE EZEKIEL JACKSON, OF FLORIDA TARA ALINE SHAUGHNESSY, OF THE DISTRICT OF CO- JONATHAN R. BUFFALOE, OF VIRGINIA NATAZIA RACHELE JOHNSON, OF VIRGINIA LUMBIA TAREN KATRICE BURKETT–SORLIE, OF VIRGINIA STACEY LEAH JOHNSON, OF VIRGINIA FELICIA LAVITA SHERROD, OF VIRGINIA JASON BURKHOLDER, OF VIRGINIA JEFFREY CHINEDU JOSEPH, OF ILLINOIS GURJAS SINGH, OF VIRGINIA DANIELLE NICOLE BURLEY, OF VIRGINIA SUSAN ALEXANDRA KAHRS, OF VIRGINIA JAGMANPREET SINGH, OF VIRGINIA DANIEL JACOB BURNETT, OF COLORADO AJA SIERRA KENNEDY, OF NORTH CAROLINA MEAGAN NICOLE SKILLAS, OF VIRGINIA SHAWN CHRISTOPHER BUSH, JR., OF NEW YORK JEAN E. KHALIFE, OF VIRGINIA LAURA VALERIA SOLANO, OF FLORIDA JUNY GUADALUPE CANENGUEZ, OF VIRGINIA JOY ALEXANDREA KING, OF FLORIDA JARRETT BLAKE SOUTER–KLINE, OF CALIFORNIA PHILIP MUIR CHAMBERLAIN, OF ARIZONA JOHN ANTHONY KRISTENSEN, OF VIRGINIA KATRINA LACEY SPRINGER, OF NEW YORK MARCUS ALAN CHANEY, OF CALIFORNIA MARCI LUEDTKE LACY, OF VIRGINIA JONATHAN GORDON SPRINGER, OF THE DISTRICT OF CO- MICHAEL LOUIS CONNELLY, OF VIRGINIA DAVID A. LAHTI, OF VIRGINIA LUMBIA JONATHAN F. COOK, OF VIRGINIA DAVID W. LAUDENBACK, OF VIRGINIA MELANIE KATHLEEN ST. CLAIR, OF COLORADO HAILEY MCCALL COOK, OF THE DISTRICT OF COLUMBIA CATHERINE LEMERY, OF VIRGINIA MICHAEL C. STEWART, OF VIRGINIA ANDREW MICHAEL COSTA, OF VIRGINIA DANIEL THOMAS LEONARD, OF VIRGINIA NICHOLAS RYAN STONE, OF VIRGINIA MICHAEL CRAWFORD, OF VIRGINIA THOMAS J. LEONETTE, OF VIRGINIA BRENDAN SETH TAUBMAN, OF VIRGINIA JONATHAN BRIDGER CRONBERGER, OF VIRGINIA JASON ERIC LESSER, OF VIRGINIA LAURA ELIZABETH THOMAS, OF THE DISTRICT OF CO- MICHAEL EUGENE CROWLEY, OF VIRGINIA GRACE EUNHAE LIM, OF VIRGINIA LUMBIA NICOLLE ANN CUMBERLAND, OF VIRGINIA CATHERINE MARIE LIPPER, OF VIRGINIA MATTHEW HUTTON TONKIN, OF VIRGINIA LINDA MARIE DOMINICK, OF VIRGINIA CHAD MICHAEL MADDOX, OF GEORGIA DANTE RENATO TOPPO, OF OREGON TIFFANY LAUREN DOZIER, OF VIRGINIA MARIA TERESA MALAGARI, OF MARYLAND DOUGLAS ANTHONY TRABANDT, OF VIRGINIA DANIEL L. DUVAL, OF VIRGINIA MASOOD MANASIA, OF MARYLAND JOSHUA JACOB TRINIDAD, OF NEW YORK CAITLIN MCKENNA EMBREY, OF PENNSYLVANIA DAVID STEVEN MANNAN, OF VIRGINIA INDIA R. TURNER, OF VIRGINIA DAVID MCNEILL FAUST, OF CALIFORNIA VIRNA MANUEL MANUEL, OF VIRGINIA COLLINS PATRICK TYNAN, OF VIRGINIA ANDREW ROBERT FEITT, OF VIRGINIA ERIKA ELIZABETH MARIANO, OF VIRGINIA ANDY VO, OF MASSACHUSETTS LYNDSAY FORD, OF VIRGINIA MARIA KORYO MATE–KODJO, OF IOWA JILL MARIE WAGNER, OF VIRGINIA JASON RICHARD FROST, OF VIRGINIA JOHN DEREK MATEUS, OF VIRGINIA RUSSELL C. WATERS, OF VIRGINIA JONATHAN D. FROST, OF VIRGINIA NOBUKO ANIKA KAI KENYATTA MAYBIN, OF ALASKA KATHERINE VIRGINIA WALCZAK, OF VIRGINIA ANDREA LYNN GARBE, OF VIRGINIA ROBIN ELIZABETH MCKAY, OF VIRGINIA ADAM CHARLES WALESIEWICZ, OF VIRGINIA RENEE ANN GARCIA, OF COLORADO SARAH R. MCLAIN, OF VIRGINIA LYNDSEY REBECCA WEBB, OF VIRGINIA JONATHAN MCDONOUGH GEARING, OF KANSAS JOHN AUGUSTUS MCLAUGHLIN, OF VIRGINIA JOSEPH RAY WEBSTER, OF VIRGINIA VALERIE LYNNE GECOWETS, OF VIRGINIA YOLANDA W. MCLEOD, OF VIRGINIA ANNELIESE WELSH, OF VIRGINIA MATTHEW S. GERSHWIN, OF VIRGINIA JOHN A. K. MILLER, OF VIRGINIA ANTHONY SCOTT WHITE, OF VIRGINIA MEAGAN ELIZABETH GILTNER, OF THE DISTRICT OF CO- JESSIE LYNN MILSTEAD, OF VIRGINIA GENA MARIE WIGGINS, OF VIRGINIA LUMBIA ANDREW JOSEPH MINOSKI, OF VIRGINIA STEPHANIE P. WILSON, OF VIRGINIA JEFFREY JAMES GOERSS, OF VIRGINIA JALITA AYANA FATIMA MOORE, OF CALIFORNIA THE FOLLOWING–NAMED CAREER MEMBERS OF THE MICHAEL DAVID GOLLEM, OF VIRGINIA SHAIESHA LATISHA MOORE, OF ILLINOIS SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF JOSHUA GUILO GONZALEZ, OF OHIO JONATHAN MOYSEN, OF VIRGINIA STATE FOR PROMOTION WITHIN THE SENIOR FOREIGN REBECCA JOY GOULD, OF VIRGINIA ANNE MARIE NEWBORG, OF VIRGINIA SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF NICHOLAS ALEXANDER GRANDCHAMPS, OF FLORIDA ALEXIS LENI NIEVES, OF NEW YORK CAREER MINISTER: JOHN COOPER GREEN, OF VIRGINIA EMILY ELIZABETH NISSLEY, OF VIRGINIA JOANNE DANELLE GREENBERG, OF VIRGINIA CHUMA OBINNA NNAWULEZI, OF NEBRASKA JOHN R. BASS II, OF VIRGINIA KAMOLRAT S. GRIMES, OF VIRGINIA TEMIDAYO OLUWO, OF VIRGINIA JOHN D. FEELEY, OF THE DISTRICT OF COLUMBIA LEE D GROENEVELD, OF TEXAS WILLIAM ROLAND PATTERSON, OF VIRGINIA JUDITH G. GARBER, OF VIRGINIA STEPHEN RAY GROVE, OF VIRGINIA ANGELA D. PATTERSON, OF VIRGINIA SUNG Y. KIM, OF VIRGINIA TARA CHRISTINE HAASE, OF THE DISTRICT OF COLUM- MICAELA LYNN PAWLAK, OF VIRGINIA BIA JEREME PAUL PEDERSEN, OF VIRGINIA f JENNIFER A HAM, OF TEXAS C. JAMES PERANTEAU, OF NEVADA DANIEL JOHN HARPER, OF ARIZONA CAITLIN LEIGH PERKS, OF VIRGINIA CONFIRMATION LARRY ORNEZ HARRIS, JR., OF ILLINOIS STANISLAS PHANORD, OF MASSACHUSETTS RIJEN B. HENDRICK, OF VIRGINIA ALEKSANDAR POPOV, OF VIRGINIA Executive nomination confirmed by TESSA HENRY, OF PENNSYLVANIA SHELLEY M. PRICE, OF VIRGINIA NATHANAEL GUSTAV HINS, OF VIRGINIA ERIN LYNN RAYL, OF VIRGINIA the Senate November 1, 2017: MACY LYNNE HINTZMAN, OF THE DISTRICT OF COLUM- ANDREW P. REEL, OF VIRGINIA THE JUDICIARY BIA HIRAM JAVIER RIOS HERNANDEZ, OF FLORIDA TANNY HO, OF THE DISTRICT OF COLUMBIA VERONICA LYNNE RISNER, OF VIRGINIA JOAN LOUISE LARSEN, OF MICHIGAN, TO BE UNITED ERIC HOFFMAN, OF FLORIDA MARION DEBERNIERE ROBERTSON III, OF VIRGINIA STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT.

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