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, MARCH 29, 2017 No. 55 House of Representatives The House met at 10 a.m. and was He enlisted in the Tennessee Army that Mexicans were criminals and rap- called to order by the Speaker pro tem- National Guard in 1962 as an infantry ists. pore (Mr. FLEISCHMANN). soldier and served in a variety of staff Well, as the sportscasters used to f and leadership positions in his home say, let’s go to the videotape. Almost State, in the Pentagon, and overseas. DESIGNATION OF SPEAKER PRO the first words out of Donald Trump’s During Operation Desert Shield/Desert TEMPORE mouth when he descended the golden Storm, he was chief of operations and escalators to launch his Presidential The SPEAKER pro tempore laid be- exercises at the National Guard Bureau campaign were this: fore the House the following commu- in Arlington, Virginia. When Mexico sends its people, they are not nication from the Speaker: Prior to his retirement from the sending their best. They are bringing drugs. WASHINGTON, DC, military, Hargett served as the Ten- They are bringing crime. They are rapists. March 29, 2017. nessee Adjutant General. Since his ap- And some, I assume, are good people. I hereby appoint the Honorable CHARLES J. pointment to association president in Well, I left out that part about some, FLEISCHMANN to act as Speaker pro tempore 2010, Gus has led the association’s day- on this day. I assume, are good people. to-day operations in Washington, D.C., PAUL D. RYAN, But the chairman of the committee Speaker of the House of Representatives. and has worked tirelessly on behalf of said I was not following House rules be- guardsmen across the globe by advo- f cause I was casting aspersions on the cating for and spearheading MORNING-HOUR DEBATE President because, apparently, I was groundbreaking legislative achieve- saying what the President, himself, The SPEAKER pro tempore. Pursu- ments. had actually said. And if that was of- Among his most memorable and sig- ant to the order of the House of Janu- fensive to the chairman, I agree. It is nificant accomplishments was his work ary 3, 2017, the Chair will now recog- offensive. That was the point of mak- adding the National Guard Bureau nize Members from lists submitted by ing the speech. the majority and minority leaders for Chief to the Joint Chiefs of Staff. So is repeating the words of the morning-hour debate. Throughout his career, he has com- President against House rules? And if The Chair will alternate recognition mitted himself to promoting the Na- so, why? Because they are hateful and between the parties, with each party tional Guard and improving the overall ugly things to say about our fellow limited to 1 hour and each Member quality of life for our Nation’s soldiers human beings? other than the majority and minority in harm’s way. leaders and the minority whip limited I want to take this moment to thank I don’t think we should be barred to 5 minutes, but in no event shall de- Major General Gus Hargett for his from repeating the words of the Presi- bate continue beyond 11:50 a.m. years of service to our country and for dent because they are hateful and ugly things to say about our fellow human f his tireless work on behalf of our Na- tion’s guardsmen and their families. beings, because he said them, and he is HONORING RETIRED MAJOR the President, and I respect the office. f GENERAL GUS HARGETT So maybe it has to be something else. The SPEAKER pro tempore. The REPEATING THE WORDS OF Maybe we cannot say things the Presi- Chair recognizes the gentleman from PRESIDENT TRUMP dent has said because it is not appro- Tennessee (Mr. DESJARLAIS) for 5 min- The SPEAKER pro tempore. The priate to say some of the things he has utes. Chair recognizes the gentleman from said about people, like the dehuman- Mr. DESJARLAIS. Mr. Speaker, I rise Illinois (Mr. GUTIE´ RREZ) for 5 minutes. izing language he uses when describing today to honor retired Major General Mr. GUTIE´ RREZ. Mr. Speaker, yes- which body parts he can grab women Gus Hargett, a staunch advocate for terday in the Subcommittee on Immi- by, for example. the National Guard and one of the gration, the chairman, the gentleman Now, Mr. Speaker, rather than say- most widely respected Tennesseans I from Wisconsin, attempted to rep- ing, as I said earlier, let’s go to the vid- have ever had the pleasure of knowing. rimand me by reminding me that eotape, I think every single American After more than 6 years as president House rules prevent Members from has seen that videotape. When I have of the National Guard Association for ‘‘casting aspersions on the President of discussed the President saying these the United States, Gus will be stepping the United States.’’ And what did I say awful, hurtful things about where he down next month. In all, he has more to get this reprimand? I said that the can grab women, either here on the than 47 years of military service. President of the United States had said floor or on the Judiciary Committee, I

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 23:35 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.000 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2520 CONGRESSIONAL RECORD — HOUSE March 29, 2017 have actually had to clean up the lan- words that so upset the subcommittee He took up a position behind a log guage so it is safe for daytime C–SPAN chairman, the gentleman from Wis- and engaged the hostile enemy from audiences. consin?’’ and I figured it out. It is up- the flank in an heroic attempt to dis- So what is it about repeating the setting to Republican Members of the tract their attention while his com- words of this particular President in House to hear the words of the Presi- rades obtained their objective at the the U.S. House of Representatives that dent of the United States because they crest of the hill. He was killed by the the gentleman from Wisconsin feels is know they have to defend them as the very heavy concentration of return a violation of the rule? leader of their party, and I can under- fire, but his fearless assault enabled his Maybe it is the lies. I looked through stand why that would make any human company to sweep the hill with min- the House rules, and I didn’t see any being very uncomfortable. imum casualties, killing or capturing section that said, Members, thou shalt The SPEAKER pro tempore (Mr. every enemy soldier on it. not lie. No, Mr. Speaker, that wasn’t in YODER). The gentleman from Illinois is Private First Class Sayers’ indomi- the House rules. But, clearly, repeating reminded to refrain from engaging in table fighting spirit, aggressiveness, things that this President said means personalities toward the President. and supreme devotion to duty live on that you will be repeating lies, and it f as an example of the highest traditions just goes with the territory. of the military service for which he There was the original lie as Presi- RECOGNIZING MEDAL OF HONOR DAY was awarded the Medal of Honor. dent, barely a few hours in office, say- Another heroic Medal of Honor re- ing that his crowd was the largest The SPEAKER pro tempore. The cipient from Pennsylvania’s Fifth Con- crowd in the history of Presidential in- Chair recognizes the gentleman from gressional District is Private First augurations. Pennsylvania (Mr. THOMPSON) for 5 Class Melvin L. Brown. Private First Then there was the one about the minutes. Class Brown earned the Medal of Honor Muslim ban, which the President said Mr. THOMPSON of Pennsylvania. for his bravery in the Korean war. was a Muslim ban; his key adviser, the Mr. Speaker, on Saturday the Nation During an attack on his platoon’s pe- former mayor of New York, said was a celebrated Medal of Honor Day. This rimeter of defense, Private First Class Muslim ban; his other key adviser, Ste- rarely celebrated holiday was des- Brown took his position on a retaining phen Miller, said was a Muslim ban; ignated by Congress in 1990 but only of- wall approximately 50 feet high. The but which the White House tried to say ficially observed once, on March 25, enemy, superior in number, started was not, in fact, a Muslim ban because 1991. I was pleased to see our most climbing the wall just as Brown’s last decorated war heroes honored last Fri- it didn’t ban all Muslims. round of ammunition was expended, Several Federal courts have agreed day during a ceremony at the White and he was wounded by enemy fire. His with the President that what he or- House. citation said: ‘‘Realizing the vital ne- dered was a Muslim ban and disagreed The Medal of Honor is the highest cessity for holding and without con- with the President’s lawyer saying military honor our Nation can bestow. cern for his personal safety, though that it was not a Muslim ban. According to the Congressional Medal But what about when the President of Honor Society, there have been 3,498 wounded and without his rifle, Brown said that he saw American Muslims recipients, and 75 of those individuals continued to throw his few remaining celebrating in New Jersey on 9/11? We are still living today. hand grenades into the enemy, causing know that was a lie. Or that 3 million Just last year, I was able to recog- several casualties with each grenade. illegal votes were cast on election day, nize one of Pennsylvania’s very own When his supply of grenades was de- causing the President to lose the pop- Medal of Honor recipients, late Army pleted, his comrades from nearby fox- ular vote, which he had walked back Specialist Ross McGinnis. I assisted in holes commenced throwing grenades from the claim originally that 3 mil- naming a post office in Knox, Clarion towards his position. On several occa- lion undocumented immigrants had County, for Specialist McGinnis, who sions, the grenades were thrown short voted on election day? In either case, it died in December 2006 in Iraq. Spe- of his position. When this would occur, was a lie. cialist McGinnis was a native son of Brown would leave his position and re- Then there is the illegal wiretapping Knox, Pennsylvania. trieve the grenades, exposing himself ordered by the previous President of While on patrol in eastern Baghdad to enemy rifle and machine-gun fire.’’ the United States, President Obama, on December 4, 2006, an unidentified in- The enemy continued their climb, on President-elect Trump, which cer- surgent positioned on a nearby rooftop and Brown was able to knock 10 to 12 tainly looks like a lie at this point. threw a grenade into a Humvee car- enemy troops from the wall, which So, Mr. Speaker, I am starting to rying McGinnis and other troops. Spe- served as an inspiration to his com- wonder if repeating a lie that the cialist McGinnis threw his body on top rades and delayed the attack and en- President has told the American people of the grenade, absorbing all the frag- abled his platoon to repel the enemy. is against the House rules. Or maybe it ments of the grenade with his own Brown was seriously injured and then is accusing the President of lying that body and saving the lives of his fellow died during that action. is, in the words of the subcommittee soldiers. He was posthumously awarded Heroic acts for Pennsylvanians dur- chairman, casting aspersions. the Medal of Honor by President ing times of war go back to the Civil But let’s take a look. Here is the def- George W. Bush in 2008. War. The Medal of Honor, established inition of the verb ‘‘lie’’ from Webster’s Mr. Speaker, another such hero, Fos- by joint resolution of Congress on the Dictionary: ‘‘to make an untrue state- ter Joseph Sayers, is from my home- 12th of July 1862, is awarded in the ment with the intent to deceive; to cre- town of Howard, Pennsylvania. He re- name of Congress to a person who, ate a false or misleading impression.’’ ceived the Medal of Honor for acts of while a member of the armed services, By those definitions, I would say I bravery near Thionville, France, on distinguishes himself conspicuously by am on pretty solid ground, from a fac- November 12, 1944. gallantry and intrepidity at the risk of tual standpoint, that the President of During an attack on strong hostile his life, above and beyond the call of the United States has told lies. forces entrenched on a hill, he fear- duty. Water is wet, dogs have four legs, and lessly ran up the steep approach to- A large percentage of Medal of Honor President Trump tells lies. There may wards his objective and then set up a recipients during this time were actu- be exceptions, but basically all three machine gun 20 yards from the enemy. ally awarded for action involving flags. are truthful statements. Realizing it would be necessary to at- One such Medal of Honor recipient Unless we are outlawing the truth in tract full attention of the enemy while from my hometown was Civil War Cor- Congress, I think that pointing out lies his company crossed an open area and poral Franklin Hogan, a member of by our President is not only within the flanked the enemy, he picked up the Company A, Pennsylvania 45th Infan- rules, it is our moral obligation and gun, charged through withering ma- try. His citation was awarded on Octo- duty as elected leaders of a free nation chine-gun and rifle fire to the very ber 1, 1864, for the capture of the battle to point them out. edge of the emplacement. He killed 12 flag of the 6th Virginia Infantry. So then I am left to wonder, ‘‘What is German soldiers with devastating Mr. Speaker, there are more Medal of it about repeating the President’s close-range fire. Honor recipients from Pennsylvania’s

VerDate Sep 11 2014 23:35 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.002 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2521 Fifth Congressional District and bility of health care for millions of Fourth, the Department of Health throughout this proud Nation. Each Americans and to ensuring stability in and Human Services, under Secretary one demonstrated personal bravery or health insurance markets. Price, has a responsibility, a duty, an self-sacrifice that warranted this ex- The uncertainty around cost-sharing obligation to focus at least as much on traordinary merit. On behalf of a grate- subsidies that has been perpetrated by outreach and enrollment, as did his ful Nation, I salute all of our Medal of the administration’s silence on this predecessor, Secretary Burwell, to let Honor recipients. issue, must come to an end. The admin- people know what options they have, f istration has said the system will im- what opportunities they have, what plode. It will only implode if they are protections they have, what securities IMPROVE THE AFFORDABLE forced to do so by the administration they can achieve. HEALTH CARE ACT through executive action. Insurers are Earlier this year, the Trump admin- The SPEAKER pro tempore. The preparing to file rates as soon as next istration, instead, intentionally sabo- Chair recognizes the gentleman from month in some States. Without a clear taged enrollment efforts in the final Maryland (Mr. HOYER) for 5 minutes. and public commitment from the ad- week, pulling media ads to let people Mr. HOYER. Mr. Speaker, last week ministration, we could very well see know what they could sign up for, and was an historic week in many respects. premiums spike and insurers flee. ending other outreach programs. My Republican colleagues have indi- Americans have made their opinion This move resulted in half a million cated, for 6 years, they wanted to re- pretty clear. They said: Do not do that. fewer people obtaining affordable cov- peal the Affordable Care Act. They in- Do not undermine the system. erage through the marketplaces—the troduced a bill which really did not ac- Second, already, President Trump first decline in the history of the law. complish that objective, but it did un- has undermined that requirement Those people will be hurt because some dermine, very severely, the protections through lax enforcement that the indi- of them are going to get sick. Some of and the opportunities that the Afford- vidual responsibility requirement—a them may have a catastrophic acci- able Care Act provided our citizens. Republican suggestion, a Heritage dent, and they will need insurance, and That bill did not come to a vote. Had it Foundation suggestion, a Romney- they will not have it because they did come to a vote, it would have lost very adopted policy in the State of Massa- not get the information that they substantially. chusetts—a premise of personal respon- needed. Mr. Speaker, the proclamations last sibility that is being undermined right Now that the Affordable Care Act week by Republican leaders are that now by the Trump administration. The will continue to be the ‘‘law of the the Affordable Care Act will now re- individual responsibility requirement land,’’ to use words first spoken by main in place. As PAUL RYAN, our is vital to ensuring that those with former Speaker Boehner in 2012, the Speaker, said on Friday: ‘‘ObamaCare preexisting conditions can be guaran- issue in 2012 was the Affordable Care is the law of the land.’’ teed coverage. Act—President Obama’s probably b 1015 To my friends across the aisle who crowning achievement. Republicans talk often about defending our Con- called it ObamaCare, derisively. We The Affordable Care Act is, indeed, stitution, I would remind them that call it the Affordable Care Act, sup- the law of the land. Mr. Speaker, I rise, the President has sworn an oath to ported by President Obama. however, in a deep concern that the faithfully execute the laws of this Na- After the 2012 election, Speaker Trump administration and its allies in tion; not picking and choosing which Boehner said, well, we resolved that Congress will take steps to undermine ones he likes. issue. The American people have voted the law and weaken it, to the det- Third, the administration can—and I to confirm a President whose principal riment of millions who will see their would suggest it should—encourage law that was. But the Republicans kept health care put at risk. In other words, States that have not yet accepted ex- trying to undermine it. They kept try- in my view, they may well try to do in- panded Medicaid to do so. It works. Ac- ing to say they wanted to repeal it. directly what they could not do di- cording to a 2016 report by the Depart- And now they have all of the power. rectly. ment of Health and Human Services, in They haven’t done that. Let it be absolutely clear: Repub- the expanded-Medicaid States, pre- Don’t break it. If you couldn’t do di- licans control the White House, the miums were 7 percent lower on aver- rectly something, don’t do it indi- Senate, and the House of Representa- age. rectly. Don’t undermine the security of tives. As a result, they are the gov- Mr. Speaker, just yesterday, the Re- the American people indirectly; not erning party and will be responsible for publican-controlled Kansas State legis- through law. anything that happens to our lature—Republican Governor, Repub- So when open enrollment comes later healthcare system on their watch. lican House, Republican Senate—sent a this year, Mr. Speaker, it would be a Even without the passage of a repeal bill to the Governor that would expand dereliction of duty—let me repeat that: bill, the Trump administration’s ac- the State’s Medicaid program. Presum- it would be a dereliction of duty—not tions could fundamentally undermine ably, they made a judgment that was to inform Americans to know how they the law and the stability of our in the best interest of their State and can benefit under the law, what options healthcare system. the best interest of their people. they have for finding coverage at more First and foremost, the Trump ad- The Republican sponsor of the bill, affordable rates or through expanded ministration must commit to con- State Senator Vicki Schmidt said: ‘‘I Medicaid. Let there not be a derelic- tinuing payments for cost-sharing sub- don’t believe we can wait for D.C. They tion of duty. sidies. We met with insurance compa- had an opportunity, and they didn’t The larger point here, Mr. Speaker, nies yesterday to see whether or not take it.’’ is, as I have said, that Republicans can- the environment that was being cre- So her response was, and the legisla- not now simply throw up their hands ated by the administration was under- ture’s response has been: adopt Med- and say: We failed to offer a viable al- mining confidence so that it would un- icaid expansion. ternative, and we will now, by action dermine the ability to price the prod- We have heard a lot from Governors and inaction, by negligence and mal- uct that Americans need: healthcare of both parties from States with ex- feasance, conspire to undermine the op- insurance. panded Medicaid, almost universally tions that are available to the Amer- Cost-sharing payments, paid for and extolling the benefits that they pro- ican people. in the bill, are being put at risk by a vided, and urging Congress not to roll More than two-thirds of Americans suit that the Republicans in the House it back. have said that is not a responsible pol- of Representatives have filed. They The Trump administration must rec- icy. The Affordable Care Act has ought to withdraw that suit to give ognize the importance of Medicaid ex- brought protections and benefits to confidence to the system. We all know pansion and support ongoing efforts in millions. Twenty million more people that confidence in markets is critically States like Kansas, Virginia, and are insured in America. But now my important. This is essential to pre- Maine to do what is right for their peo- Republican friends, who have no work- serving the affordability and accessi- ple and their State. able alternative, are in power; and it is

VerDate Sep 11 2014 23:35 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.004 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2522 CONGRESSIONAL RECORD — HOUSE March 29, 2017 now their duty to ensure that they two supercomputers which at different wealth care this country can afford. faithfully execute existing laws to ben- times ranked as the most powerful in But we have got to make sure that efit the American people. If they fail to the world; and ORNL’s Manufacturing those who are working at minimum do so, or intentionally sabotage the Demonstration Facility, which is revi- wage, working full-time, living below current healthcare system, they will talizing American manufacturing. the poverty line, make sure that they surely be held accountable by the Thom served our community as get the best health care. American people. chairman of the Oak Ridge Public I am a proud Texan. I love my State, Democrats don’t want to see that Schools Education Foundation, leading but I don’t like what we have done happen. We reject the premise of some the multimillion-dollar expansion of when it comes to health care. Texas kind of death spiral. By the way, the Oak Ridge High School; and as chair- has refused to help those living in the Congressional Budget Office—an inde- man of Innovation Valley, a regional streets of life. We look out for those pendent bipartisan group, but its direc- economic development partnership. living in the sweets of life. We take tor appointed by Republicans—said it Thank you, Dr. Thom Mason, for care of them. But Texas has the oppor- was not only not on a death spiral, but many years of dedicated service to the tunity to receive $100 billion—with a it was stable. great State of Tennessee and our Na- B—to expand Medicaid. The yardstick by which we all ought tion. Medicaid expansion, this is for those persons who are not as fortunate as we to be judged is not whether the law f succeeds just enough, but whether we are here in Congress who will have the can work together—work together, b 1030 best health care in the world, by the way, as we cut health care for those work together—to make the law work HEALTH CARE, NOT WEALTH CARE as best it can, to benefit as many who cannot afford it, as we cut the ex- Americans as it can. The SPEAKER pro tempore. The pansion of the Affordable Care Act for President Trump, speaking at that Chair recognizes the gentleman from those persons who would get Medicaid, rostrum, looked directly into the TV Texas (Mr. AL GREEN) for 5 minutes. as we cut Medicaid. We are going to camera of 100 million-plus Americans Mr. AL GREEN of Texas. Mr. Speak- have good health care. and said: I want every American to er, I will say today what I said when we Texans who happen to be oil barons have health insurance that will be were working to pass the Affordable and rich, are going to have good health cheaper and higher quality than we Care Act, what we said when we were care. We are going to have good health have today. having some 181 witnesses to appear care. But those who need Medicaid, Mr. President, if you send such a bill over a 2-year period having 79 hearings: who could benefit from the $100 billion to this House, I will vote for it. I I said then that I would fight to make that the State of Texas has refused to haven’t seen a bill like that, but if I see sure that health care would not become accept and has never said that it wasn’t needed, are not. There has never it, and if you send it down here, and wealth care in the richest country in been a case made for a lack of need for that is your commitment, I will vote the world. I still stand on that basic the $100 billion to help Medicaid expan- for it. premise. sion for people who are in need of help Mr. Speaker, I hope my friends across We cannot allow health care to be- and need of health care. the aisle will take a lesson from last come wealth care in the richest coun- Mr. Speaker, we cannot allow this in week that, to paraphrase the Presi- try in the world. Wealth care is where the wealthy will receive the very best the richest country in the world—and dent, health insurance is indeed com- we are. Don’t let people try to convince plicated, and that it will truly take care that is available; and the poor will get care, but it won’t be health care. It you that we are broke. We are not both parties working together towards broke. We can afford to take care of consensus to meet the healthcare chal- will be sickness care. It will be sick- ness care because, when they are sick, people who need health care. lenges we face. I will close with this: we ought to Our constituents and our country is they will be able to go to an emergency room and get care. When they are sick, have a sense of responsibility for every counting on us not to fight, not to person in this country who may get they will be able to get emergency throw bricks at one another, but to act sick. There is this notion of, but for care, which will cost all of us more, but in their best interest. And what I urge the grace of God, there go I. If we had they won’t get preventive care. They the Trump administration to do, Mr. been fortunate enough to have good will get stabilized if they have diabe- Speaker: Do no harm until you have a health, remember, you may not al- tes, but they won’t get the continued bill that accomplishes what you said to ways. But for the grace of God, there care that they need to treat that dis- the American people you want to ac- go I. complish. Mr. President, do no harm. ease. We don’t want, in the richest f Ensure that the American people con- country in the world, health care to be- tinue to have access to affordable, come wealth care. ANTI-SEMITISM AT THE UNITED quality health care. Recently, we had a piece of legisla- NATIONS tion that was going to accord the 400 f The SPEAKER pro tempore. The richest families in this country $7 mil- Chair recognizes the gentlewoman from HONORING SERVICE OF DR. THOM lion a year. That was what the bill Florida (Ms. ROS-LEHTINEN) for 5 min- MASON would have done that failed. The 400 utes. The SPEAKER pro tempore (Mr. JEN- richest families making $3 million a Ms. ROS-LEHTINEN. Mr. Speaker, KINS of West Virginia). The Chair rec- year would get $7 million additional last Congress, I joined several of our ognizes the gentleman from Tennessee every year in the final analysis ad infi- colleagues in forming the Bipartisan (Mr. FLEISCHMANN) for 5 minutes. nitum. That is $7 million additionally. Task Force for Combating Anti-Semi- Mr. FLEISCHMANN. Mr. Speaker, I We are the richest country in the tism. rise today to honor the service of Dr. world. We can afford to take care of As a co-chair, a distinction that I am Thom Mason, who has served as the di- those who find themselves living in the proud to share alongside my pals, rector of the Oak Ridge National Lab- streets of life who cannot take care of ELIOT ENGEL, CHRIS SMITH, TED oratory for 10 years. Thom joined themselves. We cannot allow health DEUTCH, KAY GRANGER, NITA LOWEY, ORNL in 1998 as a condensed matter care to become wealth care in the rich- PETER ROSKAM, and MARC VEASEY, it is physicist, and quickly demonstrated est country in the world. How rich are important to call attention to anti- his talents as a visionary scientific we? Well, one year a man made $3 bil- Semitism in all of its forms and to leader. lion. By the way, he is not the only work to root it out whenever we can. I He led the completion of the one-of- person to make this kind of money. I am also extremely honored to have a-kind Spallation Neutron Source, just use this kind of example. been named by Speaker RYAN to the which has provided a decade of excep- A minimum wage worker making U.S. Holocaust Memorial Council ear- tional research. When promoted to lab $7.25 an hour, it will take that worker lier this year. director, Thom led ORNL to many 198,000 years to make $3 billion. That As we know, it was the anti-Semitic other successes: the development of man making $3 billion will get the best attitudes across Europe, in the 1920s

VerDate Sep 11 2014 23:35 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.006 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2523 and 1930s, that gave rise to Hitler and But if we fail to reverse the system- and you have the right lobbyists, you the Nazis who exploited the deep-seat- atic and endemic anti-Semitism at the get awards like this from the Federal ed hatred of Jews to take power, culmi- U.N., we are going to have a hard time Government without competition. It nating in the systematic and deliberate achieving much success in any of our doesn’t matter if you don’t even make murder of over 6 million Jews during other endeavors. the product, they will give you some humanity’s darkest period, the Holo- That is why I will introduce a bill extra money to design it from scratch caust. soon that addresses these problems at if you know the right people. In these capacities, I intend to con- the U.N., and I urge my colleagues to IOMAX, a small business just like tinue to raise awareness on the rising join me in an effort to defeat the intol- the millions of others in our country, level and this trend of anti-Semitism erance wherever and whenever it ap- doesn’t have those connections. The worldwide and to take actions against pears. giant defense contractor involved in it, as I have done for many years now. Anti-Semitism is one of the world’s this deal does, and so they get the The fight against global anti-Semi- oldest forms of hatred and, for too money. Something is wrong with that tism must start with strong U.S. lead- long, has gone unaddressed. We have a picture. ership. We have the means, we have the responsibility to the Jewish commu- The problem lies with a secretive ac- leverage, but we must be resolute in nities worldwide, and we have a respon- quisition unit within the Air Force our efforts to stem the tide of anti- sibility to ourselves to root out this called Big Safari. Now, I don’t say ‘‘se- Semitism and to reverse it. hatred in all of its forms, once and for cretive’’ lightly. Today, Mr. Speaker, we hear about all. At one point in 2013, Big Safari’s the dangers of anti-Semitism across f commanding officer told a reporter: the world and how, in many places, Don’t be angry or upset when your Jews are being targeted in an alarm- THE POLITICAL CLASS AND THE Freedom of Information Act gets ingly increasing trend. But I want to REST OF THE COUNTRY turned down; that is just they way we highlight an area that needs to be The SPEAKER pro tempore. The do business here at Big Safari. And the brought into greater focus when we dis- Chair recognizes the gentleman from commander’s words were true. cuss combating global anti-Semitism. North Carolina (Mr. BUDD) for 5 min- I asked for information on this, and It is something that an old friend of utes. they turned me down saying that the mine, Natan Sharansky, so succinctly Mr. BUDD. Mr. Speaker, you can di- information was sensitive, but unclas- and astutely described. vide this country into two classes of sified, and for official use only. I asked Natan and I have had the opportuni- people, not Republican and Democrat them 19 questions, and they answered ties to discuss everything from anti- but the political class and the rest of only four of them having to do with the Semitism to oppression in Cuba, my the country. The political class is very basic elements for the deal that native homeland, and in Russia; and doing better than ever. were already public. his insight is extremely valuable. Eleven out of 20 of the richest coun- Under that secrecy, Big Safari doles What Natan Sharansky has helped ties in America are in the D.C. metro out billions in government contracts. I define is the new anti-Semitism and area. For every dollar the average fam- imagine it makes things convenient for what he calls the three Ds: double ily in D.C. earns, the average family in when Big Safari employees go to work standards, demonization, and Davie County, where I live, earns 55 for the same companies to which they delegitimatization. And I think the cents. direct these large defense contracts, clearest example today of Natan’s The political class is alive and doing which we have found that they do with three Ds can be seen unfortunately at well for themselves. On the other hand, some regularity. You don’t even have the United Nations with its anti-Israel, those who are not oriented to govern- to go to a different building, in some anti-Semitic agenda, most notably at ment—doctors, auto mechanics, wait- instances. We have got a confirmed bodies like UNESCO, UNRWA, the U.N. resses, bartenders, factory workers— case of a Big Safari employee awarding Human Rights Council, and other U.N. a contract, quitting, and then going to bodies. are still earning exactly what they did All of these clearly exhibit the dou- 10 years ago. I am not the first person work on the same program with the ble standards: condemning Israel based to point this out, but I want to speak same company he has just given the on faulty or illegitimate claims, while about a textbook example of how this contract to. ignoring the very real problems of dynamic plays out in reality. The forgotten men in this equation other member states. Israel is repeat- I am referring to a recently an- are the employees of IOMAX, mostly edly and singularly isolated, targeted, nounced $418 million arms deal between veterans, mostly blue collar, who have and demonized. And, of course, there is the U.S. and Kenya. It is for 12 air- to compete against a $13 billion defense no other nation that is subjected to ef- planes that are essentially armed crop contractor and a $4 trillion Federal forts to delegitimize it or its existence dusters. There is only one slight prob- Government that appears to have for- like Israel. lem with the deal, the defense con- gotten impartiality. So what do we need to do? Well, we tractor that was chosen to fulfill the We need to shine the light on this have to look around at what agencies sale doesn’t even make these type of deal with congressional oversight, and are doing. The efforts at UNESCO to airplanes. They have never done it be- we need to ask ourselves who exactly erase Jewish historical and cultural fore. In fact, there is an extra $130 mil- the Federal Government is supposed to ties to their ancient homeland, Jeru- lion built into this deal to design a be working for, the country or for the salem, have been appalling. whole new airplane. political class. The move by the Human Rights IOMAX USA, a service-disabled, vet- Mr. Speaker, we need to fix this. It is Council to establish a blacklist to tar- eran-owned small business in my dis- a symptom of a very serious disease get individuals and entities that do trict, makes these airplanes. They have that our democracy cannot long sur- business with Israel, legitimatizing the been doing it for 7 years. They have got vive. Boycott, Divestment, and Sanctions 50 of these airplanes in the Middle f movement, BDS, and the efforts to East. These planes have dropped more b 1045 take Israel to the International Crimi- than 4,000 bombs on ISIS. They are the nal Court or to force Israel to agree to only U.S. manufacturer of this type of REMEMBERING THE LIFE OF JOE a one-sided peace plan, these all reach aircraft. ROGERS, SR. the height of delegitimatization. They were not even considered for The SPEAKER pro tempore. The All of this is taking place at the the deal, which was awarded without Chair recognizes the gentleman from United Nations, the body that was competition. Nobody got a chance to Georgia (Mr. CARTER) for 5 minutes. forged in the aftermath of the Holo- bid. Nobody knew about it, except for Mr. CARTER of Georgia. Mr. Speak- caust and World War II. We need to the company that got it and the bu- er, I rise today to remember the life of fight the scourge of anti-Semitism on reaucrats who were involved. Joe Rogers, Sr., the co-founder of Waf- all fronts, Mr. Speaker, and not just at That is how the D.C. area got so fle House, who passed away on March 3, the U.N. wealthy. If you know the right people 2017, at the age of 97.

VerDate Sep 11 2014 23:35 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.007 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2524 CONGRESSIONAL RECORD — HOUSE March 29, 2017 In 1919, Mr. Rogers was born in Jack- the national recognition their hard tion, for his achievements in piloting a son, Tennessee. Before he became a work earned. special veterans court in Dayton, Ohio. waffle cook, Mr. Rogers served as a REMEMBERING THE LIFE OF BURKE DAY With Wright-Patterson Air Force captain in the Army Air Corps during Mr. CARTER of Georgia. Mr. Speak- Base and the Dayton VA Medical Cen- World War II. er, I rise today to remember the life of ter both located in the Dayton commu- After the war, he took a job as a former Georgia State Representative nity, and with the large number of vet- short-order cook, eventually moving to Burke Day. Mr. Day passed away in his erans residing in my 10th Congres- Atlanta in 1949. It was there that he Tybee Island home on March 5, 2017, at sional District, southwest Ohio is a met his future partner in the Waffle the age of 62. prime region for establishing a court House business, Tom Forkner. In fa- Mr. Day was born in Jacksonville, that concentrates on veterans’ issues. mous words, Mr. Rogers told his friend: North Carolina, to parents, Cecil and Judge Newman’s veterans court ap- ‘‘You build a restaurant and I’ll show Marian, but he grew up in Dunwoody, pears to be the first of its kind in the you how to run it.’’ Georgia. It was there that Mr. Day met State of Ohio, and it aims to address an Their decision was the start of some- his high school sweetheart and future area of need in the Miami Valley, as- thing special. The first Waffle House wife, Sally, at Peachtree High School. sisting military veterans who have opened on Labor Day weekend, 1955, in During this time, he helped lay the been charged with relatively minor of- Avondale Estates, Georgia. It was Mr. fenses get their lives back on track. Rogers’ suggestion to keep their res- foundation of his father’s new business, Days Inn Hotels. Mr. Day worked with In many cases, treatment and strong taurant doors open all day long so peo- guidance is a better course of action to ple would always have a warm place to his father to build the very first loca- tion on Tybee Island. remedy misdemeanor Federal offenses eat. than jail time, which can lead to a cas- Soon enough, more and more towns After studying at the American Academy of Dramatic Arts in New cade of negative unintended con- needed their own 24-hour diner, and sequences, such as difficulty in obtain- today, more than 2,100 locations are York City and Mercer University in At- lanta, Mr. Day joined the family busi- ing employment. scattered across 25 States. Georgia Thanks to Judge Newman’s efforts to leads the way with more than 400 loca- ness of real estate like his father. In 1991, he made his start in politics cooperate with the United States At- tions covering the State. torney’s Office and the Federal Public What Mr. Rogers valued the most by running for the Tybee Island City Council on a dare, and won. During this Defender’s Office, veterans in the Day- was the people, whether they were ton, Ohio, area can receive treatment dedicated regulars, hungry drop-ins, or time, he grew to love public service. for mental health and substance abuse the employees who made his dream Three years later he ran again, this issues, which so often underpin these possible. His passion for people was a time for the Georgia General Assembly minor offenses, rather than sitting in defining characteristic in his life and is House of Representatives, where he jail. an endearing trait of the Waffle House served for the next 16 years until his Veterans who decide to participate in legacy. retirement in 2010. Judge Newman’s 6-month-long pilot Thank you, Mr. Rogers, for wel- Perhaps his greatest achievement program are required to work closely coming any who entered the Waffle was his work on the Stephens-Day leg- with a Veterans Justice Outreach coor- House doors, regardless of who they islation in 2000, which freezes the value dinator, who acts as a mentor and case- were, what time they came, or how of residential property at the time it worker, providing guidance, facili- they ordered their hash browns. was purchased. This means home- tating treatment, and helping secure BEST OF THE SOUTH owners are not taxed out of their housing and employment. Mr. CARTER of Georgia. Mr. Speak- homes when property values increase. Besides meeting with their veterans er, I rise today to congratulate South- Stephens-Day saved local residents officer, veterans must also attend med- ern Soul Barbeque for winning the hundreds or even thousands of dollars a ical appointments, receive rec- Southern Living magazine’s first ever year. ommended treatment, and not reoffend Best of the South Award. I am proud to recognize today Mr. in order to graduate. Upon successful In fall of 2016, Southern Living polled Day’s time in public service and his completion, the misdemeanor charges its nationwide audience to discover contributions to the people of Georgia. America’s favorite cities, hotels, shops, are frequently dismissed, allowing GOLD STAR SPOUSES DAY former servicemembers to truly earn museums, and restaurants in the Mr. CARTER of Georgia. Mr. Speak- South. At the end of the poll, America themselves a second chance at life. er, I rise today to call your attention Of the more than 33 veteran partici- crowned St. Simons Island’s own to the upcoming Gold Star Spouses Southern Soul Barbeque as the best pants thus far, 20 have successfully Day occurring on April 5, 2017, and to completed the program, and several barbecue restaurant in the South. ask my colleagues to join me in recog- The restaurant opened in 2007 when others are continuing to make progress nizing those who have given so much Harrison Sapp and Griffin Bufkin as we speak. for our country. joined forces to create an authentic I commend Judge Newman for insti- barbecue restaurant that embraces its Gold Star Spouses are widows and tuting an innovative Federal veterans Southern roots. Southern Soul widowers who have lost loved ones dur- court program that addresses critical Barbeque was born in a converted gas ing their service to our Nation’s Armed needs within our community and re- station with Southern charm, making Forces. Through this group, members solves programs by rehabilitating rath- it the perfect atmosphere to feast on find comfort, understanding, and an er than simply punishing the brave Mr. Sapp’s and Mr. Bufkin’s barbecue unparalleled support system. men and women who have served our dishes. They cook their delicious pork On April 5, we all have the oppor- country. ribs and brisket on oak-fired pits out- tunity to honor both fallen American I also would like to congratulate side their restaurant, so patrons know heroes and surviving military spouses. Judge Newman for his work in imple- they are enjoying authentic barbecue. f menting a civics program for students Over the years, the restaurant has to learn about the Federal courts. De- RECOGNIZING JUDGE MICHAEL J. enjoyed a loyal local following and was veloping a partnership between the NEWMAN’S ACCOMPLISHMENTS even featured on the Food Network in Federal judiciary and the Federal Bar 2010. These days, business is booming, The SPEAKER pro tempore. The Association, these interactive court and should only grow from here. Chair recognizes the gentleman from camps invite elementary, middle, and In their efforts to feed the folks of Ohio (Mr. TURNER) for 5 minutes. high school students into the Federal St. Simons Island, Mr. Sapp and Mr. Mr. TURNER. Mr. Speaker, I rise courts to learn about the third branch Bufkin created more than a barbecue today to recognize the Honorable Mi- of government. restaurant, they created a barbecue ex- chael J. Newman, Magistrate Judge for During court camp, Federal judges perience. the United States District Court for meet with the groups of students in Congratulations to Mr. Sapp and Mr. the Southern District of Ohio, and who school classrooms, as well as Federal Bufkin on winning this award, and for is president of the Federal Bar Associa- courtrooms, to teach them about the

VerDate Sep 11 2014 23:35 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.010 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2525 selection process for Federal judges, havoc on our own military through tant our relationship with Israel is, explain how decisions are made in both mindless defense sequester. By the and how our ally in the Middle East is criminal and civil cases, and offer an way, our veterans still aren’t getting a huge asset to our Nation and the insider’s view on how the Federal court the care that they deserve. This is un- world. system works. acceptable. Israel is a beacon of democracy in a Under Judge Newman’s leadership, Despite the fact that Congress, by sea of turbulence. It is a success story the Federal Bar Association’s partner- any metric we might devise, is not of enterprising spirit and indomitable ship with the United States Courts will doing its basic job, in 10 days the Mem- will. I was fortunate enough to visit give thousands of young people across bers of this body will adjourn on a 2- Israel in 2011 and saw firsthand the the country the opportunity to meet week vacation. And in 10 legislative high level of strategic cooperation be- with Federal judges and explore the ju- days, if we don’t make some hard tween the United States and Israel dicial branch of government. choices, the government may shut militarily, businesswise, In Dayton, Ohio, alone, where Judge down, cutting off our constituents from technologywise, and socially. Newman sits, over 1,000 students will access to programs they depend upon Almost 32 years ago, the U.S. signed participate in the civics program, for their livelihood. its first-ever free trade agreement with learning more about the Constitution So my message is simple. My plea to Israel, leading to almost $40 billion in and Bill of Rights, the separation of this body is simple. Let’s end the vaca- trade annually. Israel makes up more powers, the role of the Federal judge, tion. than 40 percent of all investment in the the structure of the Federal court sys- In what other job would you grant United States from the Middle East tem, and how to become a judge or law- yourself a 2-week vacation if you failed and north Africa, and has companies yer themselves. to do that fundamental job? listed on the NASDAQ Stock Ex- The Federal Bar Association has also I know we need to go back home. I change, more than any other country added a civics page to its website to know people want to hear from their other than the United States and Can- make educational materials available constituents. But more than anything ada. for lawyers and judges who choose to else, our constituents sent us here to The ‘‘Start-up Nation’’ has given the serve as mentors in the program. do our job, to work together to fix world the USB flash drive, the first PC In an effort to encourage direct in- problems rather than punting them CPU, voice over IP phone system, and volvement by American government down the road to the next generation. just recently, Intel acquired Israeli teachers and students alike, the Fed- So, please, let’s stay here, let’s do our driver-assistance company, Mobileye, eral Bar Association, again under job. That is the very least we owe the to help develop better autonomous ve- Judge Newman’s leadership, is holding American people. hicles. a national essay contest for middle and f Israel’s drip irrigation technology high school students on the subject has helped millions around the world THANKING TEXAS WORLD WAR I ‘‘What Does an Impartial Judicial Sys- grow crops on land that otherwise VETERANS FOR PROTECTING tem Mean to Me?’’ would be barren, and Israeli doctors OUR COUNTY In addition to honoring the student have made medical discoveries improv- essay winners, the Federal Bar Asso- The SPEAKER pro tempore. The ing the lives of millions of Americans ciation and United States Courts will Chair recognizes the gentleman from and hundreds of millions of folks also recognize a select group of top- Texas (Mr. FARENTHOLD) for 5 minutes. worldwide. notch civics teachers from across the Mr. FARENTHOLD. Mr. Speaker, sol- The U.S. and Israeli militaries also United States. diers from south Texas were instru- maintain a high level of cooperation As president of the Federal Bar Asso- mental in the United States victory and support. Our two nations regularly ciation and a United States mag- during World War I. With the 100th an- hold joint exercises and work side by istrate, Judge Newman has spear- niversary of World War I quickly ap- side in developing new technologies, in- headed this effort, publicly urging the proaching, I would like to take a cluding missile defense systems, weap- association’s 19,000 members to join minute to thank our veterans, espe- ons technologies, and more. him in engaging the next generation of cially Texas veterans, for protecting Situated in an extremely hostile attorneys, judges, and legislators. our country. neighborhood, Israelis share a unique I commend Judge Newman on his In 1916, thousands of National understanding of the threats posed by tireless work to connect our young Guardsmen were stationed along the Islamic terror groups. Through co- people to the best and brightest in the Mexican border. When tensions began operation, we are constantly moni- field of law, and for reemphasizing the to calm, 3,500 soldiers were moved to toring and defeating new threats to critical importance of civics in Amer- Corpus Christi, where the city prepared both nations. ican society. a 200-acre site that later became Camp I have been heartened to see the re- f Scurry. newal in U.S.-Israeli relations since By 1917, the camp was closed after President Trump took office and hope DISTRUST IN GOVERNMENT IS AT the border remained quiet for nearly a to see them continue to flourish. I en- AN ALL-TIME HIGH year. Once the United States entered courage my colleagues to join me in The SPEAKER pro tempore. The World War I, the camp was reactivated cosponsoring H.R. 1697, the Israel Anti- Chair recognizes the gentleman from and became a training base for the 4th Boycott Act; H.R. 1698, the Iran Bal- Wisconsin (Mr. GALLAGHER) for 5 min- Field Artillery Regiment and the 5th listic Missiles and International Sanc- utes. Engineer Battalion. tions Enforcement Act; and H. Res. 218, Mr. GALLAGHER. Mr. Speaker, dis- Through the draft, nearly 200,000 Tex- Recognizing the importance of the trust in government is at an all-time ans served in the military during the United States-Israel economic rela- high, and it is easy to see why. Our war, and 450 Texas women worked as tionship and encouraging new areas of Federal debt is approaching $20 tril- nurses. Today, now, we must remember cooperation. lion. A child born today in this country the 5,000 Texans who died during the While many around the world are will inherit a crushing burden of debt, war, including seven Gold Star women eager to point fingers and attempt to part of an intergenerational crime nurses. delegitimize or destroy the State of without consequence. Also, a special thank you to the Israel, it is important—now more than Meanwhile, the middle class is being Nueces County Historical Society for ever—that we stand strong with our al- hollowed out, if not disappearing en- hosting the World War I Centennial lies and the only democracy in the tirely. We have a 7-million-man strong Commemoration on April 6. Their work Middle East. army that simply opted out of the helps preserve our south Texas history. f labor force entirely. THE IMPORTANT RELATIONSHIP BETWEEN THE Finally, our foreign policy is in cri- UNITED STATES AND ISRAEL RECESS sis. Threats continue to rise abroad as, Mr. FARENTHOLD. Mr. Speaker, I The SPEAKER pro tempore. Pursu- here at home, we continue to wreak would also like to highlight how impor- ant to clause 12(a) of rule I, the Chair

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He serves as aster last week. a hospice chaplain with the Hospital Instead of fighting over how many b 1200 Sisters Health Systems through St. people should lose health coverage, AFTER RECESS Anthony’s Memorial Hospital in they decided that it is easier to unite Effingham, Illinois, where he serves pa- around the shared cause of climate de- The recess having expired, the House tients from over 20 counties in the cen- nial. This week President Trump an- was called to order by the Speaker at tral part of my congressional district. nounced plans to gut President noon. In addition to his service as chaplain, Obama’s landmark Clean Power Plan, f Reverend Dillingham is also on the and the House will vote on legislation to block the EPA from reviewing peer PRAYER board of the Farina food pantry and is a clergy care guide, where he is a pas- reviewed scientific research when Reverend Robert Dillingham, Farina toral presence in the lives of over 70 forming regulations. United Methodist Church, Farina, Illi- pastors. So think about that for a second—the nois, offered the following prayer: It is my honor to welcome Reverend majority couldn’t agree on how many Creator of yesterday, today, and to- Dillingham and his wife, Ashley, who is people should lose healthcare coverage; morrow, we come to You as broken ves- in the gallery today, and personally so they are united around the shared sels, called to Your holy task of gov- thank him for offering this morning’s cause of climate denial. The President ernance. Be with the families of these prayer. likes to claim that climate change is a gathered, build up, equip, protect, and hoax created by the Chinese. empower all to the task before them f Well, I know that the President and this day. ANNOUNCEMENT BY THE SPEAKER his party have developed a disdain for Bring together through Your spirit PRO TEMPORE fact-checkers, but silencing the sci- those who are divided, and those who entific community takes things to a divide. Bring healing, bring unity, as The SPEAKER pro tempore (Mr. whole new level. You continually offer healing and hope JODY B. HICE of Georgia). The Chair Mr. Speaker, I have to ask: Can my to all of creation. will entertain up to 15 further requests colleagues handle the truth? for 1-minute speeches on each side of Omnipresent Creator, You have guid- f the aisle. ed creation through the most difficult LIFT THE RELOCATION BURDEN times. You have called us to this time f FROM MILITARY SPOUSES ACT and to this place, to this activity, to CONGRATULATIONS TO DR. (Ms. STEFANIK asked and was given this body. We have followed that call- STEPHEN NIMER ing. permission to address the House for 1 Now guide us, empower us, embolden (Ms. ROS-LEHTINEN asked and was minute and to revise and extend her re- us to this holy work of service and rep- given permission to address the House marks.) Ms. STEFANIK. Mr. Speaker, I rise resentation of Your creation. Guide us, for 1 minute and to revise and extend today in support of our resilient mili- O great Jehovah. her remarks.) tary families. These families endure Amen. Ms. ROS-LEHTINEN. Mr. Speaker, I rise today to congratulate Dr. Stephen countless relocations and deployments f Nimer on his successful 5 years as the every couple of years, transitioning to THE JOURNAL director of the Sylvester Comprehen- new schools, new jobs, and fitting into sive Cancer Center at my alma mater, new communities. The SPEAKER. The Chair has exam- Military spouses wear their own ined the Journal of the last day’s pro- the University of Miami. Go Canes. Throughout his distinguished career patches of service and share a true ceedings and announces to the House sense of duty to our country. They sac- his approval thereof. as a noted leukemia and stem cell transplant researcher and clinician, Dr. rifice a great deal of themselves amid Pursuant to clause 1, rule I, the Jour- strain and the unknown, while pro- nal stands approved. Nimer has dedicated himself to caring for cancer patients in their greatest viding unyielding support to their f hour of need. Dr. Nimer has propelled spouse in uniform. PLEDGE OF ALLEGIANCE the Sylvester Comprehensive Cancer Military spouses are often employed Center into prominence by bringing to- in professions which require new li- The SPEAKER. Will the gentle- censing that vary from State to State, woman from New York (Ms. STEFANIK) gether a superb team of leading med- ical experts who have transformed the with fees and wait times. To alleviate come forward and lead the House in the this burden and provide predictability Pledge of Allegiance. center into one of the worldwide lead- ers in cancer treatment and innova- in the lives of military spouses and Ms. STEFANIK led the Pledge of Al- their families, I have reintroduced the legiance as follows: tion. Because of Dr. Nimer’s efforts, people Lift the Relocation Burden from Mili- I pledge allegiance to the Flag of the from South Florida, and indeed from tary Spouses Act. United States of America, and to the Repub- Military spouses serve, too, and my all over the world, have come to view lic for which it stands, one nation under God, bill will help alleviate unnecessary Sylvester as the ultimate destination indivisible, with liberty and justice for all. stress and expenses, help make job for cutting-edge cancer programs, as f changes easier, and will give these well as a refuge and helping hand as spouses and their families some de- WELCOMING REVEREND ROBERT they deal with this difficult disease. served predictability as they serve DILLINGHAM Congratulations to Dr. Nimer on a their Nation. The SPEAKER. Without objection, successful 5-year tenure at the Syl- Mr. Speaker, I urge my colleagues to the gentleman from Illinois (Mr. SHIM- vester Comprehensive Cancer Center. support this important bill. Our South Florida community is in- KUS) is recognized for 1 minute. f There was no objection. deed blessed to have you at the helm. Mr. SHIMKUS. Mr. Speaker, I rise f LET’S WORK TOGETHER TO IM- today to honor Reverend Robert PROVE THE AFFORDABLE CARE Dillingham who led us in the opening DON’T SILENCE THE SCIENTIFIC ACT prayer. He is a pastor in the Illinois COMMUNITY (Mr. GENE GREEN of Texas asked Great Rivers Conference of the United (Mrs. DAVIS of California asked and and was given permission to address Methodist Church where he serves Fa- was given permission to address the the House for 1 minute and to revise rina, Illinois. House for 1 minute.) and extend his remarks.)

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Mr. They all played a crucial role in mak- Lastly, they sent me here to make Speaker, I want to thank my constitu- ing this victory possible. sure that we secure our borders and en- ents and the millions of Americans who Mr. Speaker, agriculture and forestry force our border laws because border contacted their Representatives last are the main economic engines in Ar- security is national security. week and voiced their opposition to the kansas, and there is little doubt, in my Mr. Speaker, these are the issues this Republican bill to repeal the Afford- mind, that one day soon, talented and House should be tackling. passionate young people, such as these, able Care Act. f Although TrumpCare failed, the de- will be called upon to lead our State bate on health care is far from over. I into the future. NOTHING TO HIDE? hope that Speaker RYAN will reach Once again, I offer them my most (Mr. CICILLINE asked and was given across the aisle so we can improve a sincere congratulations and wish them permission to address the House for 1 law that works and is more popular the best as they continue to pursue minute.) than ever. their passion for forestry. Mr. CICILLINE. Mr. Speaker, yester- Thanks to the ACA, over 20 million f day we learned that the Trump admin- more Americans are insured. People DON’T SHELVE FUEL EFFICIENCY istration tried to limit former Deputy with preexisting conditions can no RULES Attorney General Sally Yates’ testi- longer be denied. Consumers are pro- mony on Russian interference in the tected from the worst abuses of the in- (Mr. HIGGINS of New York asked and was given permission to address the 2016 election. surance industry. There are parts of House for 1 minute.) As reported in The Washington Post, the law that can be improved, and that Mr. HIGGINS of New York. Mr. Sally Yates and former CIA Director is what we should be working on. Speaker, in 2009, when gas prices were John Brennan had made clear that The Republican bill never tried; not very high and our dependence on for- their testimony would contradict one public hearing was held on that eign oil was at its peak, the Environ- statements that have been made by of- bill. Their complete lack of trans- mental Protection Agency set stand- ficials at the White House. parency in the Republican leadership ards to increase fuel efficiency of The hearing at which they were to tried to ram it through without public trucks and cars. This helped achieve testify has now been canceled, and all comment. We worked on the ACA for three main goals: It lessened the bur- of us have a responsibility to ask why. more than a year before there was a den on consumers faced with high gas If there is nothing to hide about his final vote. prices, addressed the urgent national ties to Putin’s Russia, then why TrumpCare was voted on in only 18 security priority relating to our addic- doesn’t President Trump want Sally days after it was introduced—18 days— tion to Middle East oil, and sought to Yates to testify? a bill that would cut 24 million Ameri- limit the admittance of harmful fumes If there is nothing to hide, then why cans from health care. As ranking into our atmosphere. does President Trump continue to member of the Energy and Commerce At the same time, we made unprece- withhold his tax returns? Health Subcommittee, I hope to work dented commitment to our auto indus- If there is nothing to hide, then why with my colleagues on a bipartisan so- try, and in their most uncertain and won’t President Trump make public lution to improve the ACA. darkest moment, facing collapse and the visitor logs at Mar-a-Lago? f bankruptcy, America bailed them out. We are now in day 68 of the Trump CONGRATULATING HERMITAGE We did this, and it came with political administration. Each day, more and FFA FORESTRY TEAM consequences, but we believe in their more information emerges about ties centrality to the future of the Amer- between Vladimir Putin’s regime and (Mr. WESTERMAN asked and was ican economy, and we still do. Trump’s inner circle, and the Trump given permission to address the House That is why it is so disappointing to campaign officials. Each day, the for 1 minute and to revise and extend see the eagerness the auto industry has White House scrambles to contain the his remarks.) with this administration’s choice to damage. It is time for the President to Mr. WESTERMAN. Mr. Speaker, I cave—and cowardly—on fuel efficiency come clean with the American people. rise today to recognize and congratu- standards. Gas prices may be low now, Mr. President, let Sally Yates tes- late the outstanding achievements of but they won’t be forever. It would be tify. Mr. President, release your taxes. four young men in my district. The a misguided decision to shelve these Mr. President, let’s see the guest logs Hermitage, Arkansas, FFA Forestry fuel-efficiency rules now. at Mar-a-Lago. And Mr. President, sup- team not only placed first in Arkansas f port an independent, bipartisan com- but also won the 37th annual National mission to get to the bottom of this. 4–H Forestry Invitational and the Na- WHAT MY CONSTITUENTS WANT The American people deserve answers. tional FFA Forestry Career Develop- (Mr. MARCHANT asked and was The SPEAKER pro tempore. The ment Event. given permission to address the House Chair reminds Members to address The Hermitage FFA Forestry team for 1 minute.) their remarks to the Chair. was comprised of: Ethan Boykin, Hun- Mr. MARCHANT. Mr. Speaker, I f ter Saunders, Cade Wilkerson, and Con- made a promise to my constituents nor Wilkerson, all of Hermitage, Ar- when they sent me back to office this b 1215 kansas. During the Forestry Invita- year. They entrusted me to represent TAX REFORM tional, teams competed for overall them on the issues that affect them the team and individual awards in events most. (Mr. WILLIAMS asked and was given such as tree identification, insect and They sent me here to repeal permission to address the House for 1 disease identification, forest evalua- ObamaCare, our health system. Our minute.) tion, and a written forestry exam. The health insurance system is crushing Mr. WILLIAMS. Mr. Speaker, I rise National FFA Forestry CDE tests stu- those that it is supposed to help. today to speak on tax reform. Many of dents’ skills and knowledge in forest They sent me here to remove Wash- my colleagues know this is a matter management. ington bureaucrats from the healthcare that I am the most passionate about. As a forester serving in the House of business and to restore the doctor-pa- Mr. Speaker, I am a second-genera- Representatives, I recognize the many tient relationship that has broken tion small-business owner, and my hours that these young men dedicated down. If ObamaCare has shown us any- daughters are third-generation. I un- to competing on a national level, and I thing, it is that coverage and afford- derstand firsthand the impact that un- admire them for their hard work. able care are two very different things. fair, job-killing taxes and regulations Additionally, special recognition is They sent me here for sweeping tax have on Main Street. due to Mr. Taylor Gwin, who coached reform that benefits every American, I know what it is like to nearly lose the Arkansas Forestry team, the par- to create a tax structure that rewards a family business that was built from ents of the team members, and the American workers and American busi- the ground up just because the Federal Bradley County Extension Services. nesses. Government believes in a death tax.

VerDate Sep 11 2014 01:00 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.016 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2528 CONGRESSIONAL RECORD — HOUSE March 29, 2017 This, my friends, is a tax that strips tion and commission, he followed in his Army, working his way up to sergeant. families of the American Dream they father’s footsteps and pursued a life- From there, Angel traded his Army worked so hard to achieve. time career in the Navy, ultimately re- uniform for a police uniform and The inheritance tax takes money tiring at the rank of captain. served with the D.C. Metro Police. from folks who know how to use it to Captain Kearney dedicated his life to Starting in 1996, Angel joined the create jobs and donate to charities and his distinguished military career and Capitol Police force, where he has pro- puts it in the hands of those respon- received numerous honors and medals tected thousands of visitors, staff, and sible for a $20 trillion national debt. for his service, which included work Members of Congress who come Mr. Speaker, I came up here to speak here in Washington and on the 7th through our Nation’s Capitol every sin- on behalf of the job creators that em- Fleet staff in Japan. gle day. ploy more than half of America’s work- John leaves behind a legacy of Since 1998, Angel has been assigned force. These are the men and women warmth and passion, and his example is to the United States Capitol Police who suffer directly from politicians’ one all Americans and Arkansans can Dignitary Protection Division, working knee-jerk reactions, politicians who admire. I extend my respect, affection, with many House leaders, including have never met a payroll and have and prayers to his fine family and Dick Armey, ROY BLUNT, Eric Cantor, never worked in the private sector. loved ones. and, for the last 3 years, as the leader Congress has talked about tax reform f of my detail team. for decades, but we haven’t seen major I would like to thank Angel’s wife, RECOGNIZING THERESA LOPEZ reforms in 30 years. Again, I am asking Susan, and his two kids, Tatiana and this Congress and this President to act (Mr. COSTA asked and was given per- Mike, for selflessly allowing Angel to now. mission to address the House for 1 serve our Nation in these roles. In God we trust. minute and to revise and extend his re- Angel, on behalf of my family and f marks.) the entire Capitol family, thanks for Mr. COSTA. Mr. Speaker, I rise today your service. We will miss you, young WOMEN’S HISTORY MONTH AND to recognize Theresa Lopez from man. THE WOMEN OF DETROIT Madera, California. Theresa was chosen f (Mrs. LAWRENCE asked and was by my office to be March’s Heroine of given permission to address the House the Month for the 17th Congressional TRUMP ADMINISTRATION TIES TO for 1 minute.) District. RUSSIA Mrs. LAWRENCE. Mr. Speaker, I rise For nearly 10 years, Theresa has (Mrs. BUSTOS asked and was given today in honor of Women’s History served as a veterans service representa- permission to address the House for 1 Month and to show some R-E-S-P-E-C- tive at the Madera Veterans Service minute.) T to a real Detroiter and Michigan leg- Office. Theresa understands that our Mrs. BUSTOS. Mr. Speaker, the end, my dear friend and Queen of Soul, valley veterans and their families de- American people are demanding a real Aretha Franklin. serve the best care and service that investigation into President Trump’s Aretha has taught us to be a proud they can have because the men and ties to Russia and Vladimir Putin. ‘‘Natural Woman.’’ She has forced us, women who have served our Nation’s I was a journalist for nearly two dec- not just to ‘‘Think’’ about it, but also military, members of your family and ades, and for part of that time, I was an to act. Once called the voice of Black members of my family, have made sac- investigative reporter. I could tell you America, Ms. Franklin has been a rifices that we should never, ever for- that, where there is smoke, there is champion in the African-American get. usually fire. Right now, smoke is bil- community for decades and in her Theresa knows. She’s been working lowing out of the White House. hometown of Detroit. with my office since 2008, and I know No matter how many times President With a Hollywood star, 20 R&B num- that she works hard every day to en- Trump tries to distract us with a ber one hits, 18 Grammys, and a Medal sure that local veterans are receiving tweet, no matter how many times of Freedom from President George the VA benefits they have earned. President Trump advisers have held se- Bush, she represents the best of Detroit Theresa also does outreach to the cret meetings with the Russians, no and of our country. Chowchilla State men’s prison and the matter how many times the Repub- This month and every month, we VA community-based clinic in lican chairman of the House Perma- must stand up to lift women up across Oakhurst, and she is a member of the nent Select Committee on Intelligence this country, ensuring that our laws county veterans court. She has also changes his story to protect President and policies empower and protect all served as secretary of the California Trump, sooner or later, the truth will women. Association of County Veterans Serv- come out. I am proud to call Aretha Franklin ice Officers since 2012. Vladimir Putin has a driving mission my friend and to wish her a happy I ask my colleagues to join me in rec- and that is to weaken America from birthday, which was March 25, and to ognizing the service of Theresa Lopez within. stand alongside this great champion and her strong commitment to serving So to my colleagues on the other side for women everywhere this month, valley veterans, for we can never, ever of the aisle, I ask one simple question: Women’s History Month, and every say thank you enough not only for our What would President Ronald Reagan day. veterans, but for the good work that do? f Theresa has done. Well, I can tell you. He would put our God bless her, and God bless the national security ahead of partisan pol- IN MEMORY OF CAPTAIN JOHN United States of America. itics. He would follow the facts, and he JOSEPH KEARNEY, USN f would leave no stone unturned. (Mr. HILL asked and was given per- Our democracy demands a complete, HONORING CAPITOL POLICE mission to address the House for 1 thorough, and independent investiga- SPECIAL AGENT ANGEL MORALES minute and to revise and extend his re- tion into President Trump’s ties with marks.) (Mr. SCALISE asked and was given the Putin regime. Mr. HILL. Mr. Speaker, I rise today permission to address the House for 1 f to honor the life of Captain John Jo- minute.) seph Kearney, who passed away on Mr. SCALISE. Mr. Speaker, I rise RUSSIA’S THREAT TO OUR Pearl Harbor Day last year at the too- today to honor an incredible man, Cap- DEMOCRACY young age of 62. itol Police Special Agent Angel Mo- (Mr. MCEACHIN asked and was given After graduating just 2 years before rales, who is retiring after 21 years on permission to address the House for 1 me at Catholic High School for Boys in the force. Angel has dedicated his en- minute.) Little Rock, John received a Presi- tire life to serving our country. Mr. MCEACHIN. Mr. Speaker, before dential appointment to the United From 1986 to 1991, he put on the uni- my time in Congress, I was a trial law- States Naval Academy. Upon gradua- form of our country serving in the U.S. yer. As a trial lawyer, I learned that,

VerDate Sep 11 2014 01:00 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.018 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2529 where there is smoke, there is fire. Mr. OFFICE OF THE CLERK, The SAB, the Science Advisory Speaker, I am here to tell you that HOUSE OF REPRESENTATIVES, Board, was first established by Con- there is a fire threatening our Repub- Washington, DC, March 29, 2017. gress in 1978 and plays a vital role in lic. Hon. PAUL D. RYAN, reviewing the scientific foundation of The Speaker, House of Representatives, Mr. Speaker, make no mistake about Washington, DC. EPA’s regulatory decisions, while also it: Russia attacked our country when it DEAR MR. SPEAKER: Pursuant to the per- providing critical advice to us here in tried to meddle in our elections. But mission granted in Clause 2(h) of Rule II of Congress as well as the Agency. The in- we have a Commander in Chief who the Rules of the U.S. House of Representa- formation it reviews is used to justify will barely acknowledge this act, much tives, the Clerk received the following mes- important policy decisions at the EPA less condemn it. sage from the Secretary of the Senate on and should be held to the highest Mr. Speaker, we hear tough talk March 29, 2017, at 9:28 a.m.: standards because it is imperative that Appointments: from the President when it comes to Advisory Committee on the Records of the regulated community and the pub- Iran, North Korea, and China; but when Congress. lic can have confidence that EPA deci- Russia moves missiles in violation of With best wishes, I am, sions are grounded, that science should treaty obligations, when a Russian spy Sincerely, be both reproducible and transparent. ship patrols just outside our coastal KAREN L. HAAS. However, shortcomings with the cur- waters, we hear crickets. As evidence f rent process have arisen in recent years, including limited public partici- mounts that Russia is interfering with PROVIDING FOR CONSIDERATION pation, EPA interference with expert the democracies of Europe, we hear OF H.R. 1431, EPA SCIENCE ADVI- crickets. Indeed, Mr. Speaker, this advice, potential conflicts of interest, SORY BOARD REFORM ACT OF and serious deficiencies with the proc- President sees no moral difference be- 2017 tween our democracy and the Putin re- ess to select the board members. Far Mr. NEWHOUSE. Mr. Speaker, by di- gime. too often, the SAB’s authority has been rection of the Committee on Rules, I Mr. Speaker, there is smoke; there is used by the EPA to silence dissenting call up House Resolution 233 and ask fire. Our Republic is being threatened. scientific views and opinions, rather for its immediate consideration. We are the first responders, and we can than promoting the impartiality and The Clerk read the resolution, as fol- only put this fire out with the truth. fairness that is the cornerstone of un- lows: We need to establish an independent biased scientific advice. H. RES. 233 commission to investigate the Trump- b 1230 Russian ties and find our way to the Resolved, That upon adoption of this reso- lution it shall be in order to consider in the At its inception, the SAB was in- truth. House the bill (H.R. 1431) to amend the Envi- tended to function independently in ronmental Research, Development, and Dem- order to provide candid advice and f onstration Authorization Act of 1978 to pro- guidance to the EPA. Yet, if the Agen- COMMEMORATING 20 YEARS OF vide for Scientific Advisory Board member cy undermines this autonomy, then the qualifications, public participation, and for SAB’s value to both the EPA and Con- THE GLUCK FELLOWS PRO- other purposes. All points of order against GRAMS OF THE ARTS gress, I believe, is severely diminished. consideration of the bill are waived. The bill Mr. Speaker, to address these issues, (Mr. TAKANO asked and was given shall be considered as read. All points of order against provisions in the bill are H.R. 1431 would reform the SAB and re- permission to address the House for 1 affirm its independence so the public minute and to revise and extend his re- waived. The previous question shall be con- sidered as ordered on the bill and on any and regulated entities can have that marks.) amendment thereto to final passage without confidence that sound science is driv- Mr. TAKANO. Mr. Speaker, I rise intervening motion except: (1) one hour of ing policy decisions at the EPA. today to commemorate 20 years of the debate equally divided and controlled by the The bill makes several important re- Gluck Fellows Program of the Arts at chair and ranking minority member of the forms to the SAB, such as requiring the University of California, Riverside. Committee on Science, Space, and Tech- board members to be qualified experts; Since 1996, the Max H. Gluck Founda- nology; and (2) one motion to recommit. disclosing conflicts of interest and tion has supported undergraduate and The SPEAKER pro tempore. The gen- sources of bias; and ensuring that the graduate students as they bring inno- tleman from Washington is recognized views of members, including the dis- vative arts programming to schools, li- for 1 hour. senting members, are available to the braries, and community centers in my Mr. NEWHOUSE. Mr. Speaker, for public. It provides the public with the district. the purpose of debate only, I yield the opportunity to participate in the advi- The Gluck Fellows Program of the customary 30 minutes to the gen- sory activities of the board and gives Arts has provided students, families, tleman from Massachusetts (Mr. people the ability to view the agency’s and other community members with MCGOVERN), pending which I yield my- responses to issues raised by the SAB. the opportunity to experience art, self such time as I may consume. Dur- Additionally, the bill requires that at music, dance, theater, and art history ing consideration of this resolution, all least 10 percent of the board is com- through workshops and performances. time yielded is for the purpose of de- prised of State, local, and tribal ex- Over the past 20 years, more than bate only. perts; that board members do not par- 300,000 Inland Empire residents have GENERAL LEAVE ticipate in advisory activities that in- benefited from this program. Mr. NEWHOUSE. Mr. Speaker, I ask volve reviews or evaluations of their I congratulate UCR’s Chancellor Kim unanimous consent that all Members own work; and that EPA publicly dis- Wilcox; Dean of Humanities, Arts and have 5 legislative days to revise and ex- close all board member recusals; and Social Sciences Milagros Pena; Gluck tend their remarks. that comments are published in the Fellows Director Erika Suderburg; and The SPEAKER pro tempore. Is there Federal Register. especially the Max H. Gluck Founda- objection to the request of the gen- So these reforms will improve the ex- tion and its chair, Dr. Jon Kaswick. tleman from Washington? isting regulatory process, while also re- I wish continued success to the Gluck There was no objection. invigorating the scientific judgements Fellows Program of the Arts at the Mr. NEWHOUSE. Mr. Speaker, on that are often directly linked to regu- University of California, Riverside. Tuesday, the House Rules Committee latory decisions. met and reported a rule, House Resolu- The EPA relies on SAB reviews and f tion 233, providing for consideration of studies to support new regulations, H.R. 1431, the EPA Science Advisory new standards, assessments, and other COMMUNICATION FROM THE Board Reform Act of 2017. This legisla- Agency actions. A transparent and ac- CLERK OF THE HOUSE tion will reform the Environmental countable Science Advisory Board is The SPEAKER pro tempore laid be- Protection Agency, or the EPA, critically important and can assure the fore the House the following commu- Science Advisory Board to ensure that public that the data that Federal agen- nication from the Clerk of the House of it is unbiased and transparent in per- cies rely on is scientifically sound and Representatives: forming its duties. unbiased.

VerDate Sep 11 2014 01:00 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.019 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2530 CONGRESSIONAL RECORD — HOUSE March 29, 2017 This legislation would reinforce that not an emergency. Timmy fell down a don’t matter. Our environment and the the SAB process is a tool to help pol- well, that is an emergency. Timmy health of our families are too impor- icymakers with complex issues, while might stub his toe, not an emergency. tant. also preventing the EPA from taking On April 28, the government will run This law is going to have real-life actions that impede the free flow of out of money. That is an emergency, consequences. It undermines science, impartial scientific advice. even if it is self-inflicted by the Repub- hurts the environment, and it helps Mr. Speaker, this rule provides for licans. And we have no shortage of polluters. We need to allow the EPA to consideration of an important measure other actual emergencies that we make decisions based on fact. We need that will improve the peer review proc- should be dealing with: a devastating to ensure that EPA is always free from ess and ensure sound science is used in opioid epidemic, crumbling roads and financial conflicts, not making deci- the Federal rulemaking process. It is a bridges, mounting evidence of Russian sions based on panels filled with indus- simple, relatively straightforward bill meddling in our election, and people try insiders like the ones that this bill that will make the SAB more con- being killed every day due to gun vio- would create. sistent, transparent, and accountable lence, not to mention Flint, Michigan, Mr. Speaker, this bill defies logic. It to our bosses, the American people. is still dealing with the residual health defies reason. It defies sanity. It will Transparency in regulations based on effects of toxically polluted water. hurt the people who sent us here, and it the highest quality science should not These are just a few examples of ac- will help polluters. Republicans are be a partisan issue. In the 114th Con- tual emergencies that Congress is putting corporate greed ahead of public gress, a nearly identical version of this doing nothing to address. Instead, the health, and the American people will bill was passed by the House, I am glad underlying bill, the EPA Science Advi- be the ones who will suffer. Americans to say, with bipartisan support. I hope sory Board Reform Act, is brought to deserve better. We should be fighting we can join together again to pass this the Rules Committee and to the House on behalf of the American people. important bill with support from Mem- floor as an emergency piece of legisla- Mr. Speaker, let me tell my Repub- bers of both sides of the aisle, from tion. lican friends what I tell first graders both parties. As we learned last week, the Amer- that I talk to back in my district in I urge my colleagues to support this ican people are paying attention to Massachusetts when I go to visit their rule as well as the underlying legisla- what we do here. They are smart schools. I usually begin by telling them tion. enough to know what an emergency is. that science is important. It is a big Mr. Speaker, I reserve the balance of And this bill isn’t addressing an emer- deal, and it is such a big deal that all my time. gency, Mr. Speaker; it is creating one. our schools teach it. And if you do your Mr. MCGOVERN. Mr. Speaker, I yield The Science Advisory Board at the homework and if you study hard and myself such time as I may consume. EPA provides a way for the Agency to you pay attention, you might grow up (Mr. MCGOVERN asked and was use sound, independent, and objective someday to become a scientist, and sci- given permission to revise and extend scientific data to help make their deci- entists are people who dedicate their his remarks.) sions. Science, Mr. Speaker—you may lives to protecting the health and well- Mr. MCGOVERN. I thank the gen- have heard of it—is kind of a big deal. being of people all over the world, and tleman from Washington (Mr. But this bill won’t help the EPA to they dedicate their lives to protecting NEWHOUSE), my good friend, for yield- include more scientists in the deci- our planet. ing me the customary 30 minutes. sions. It will force them to include peo- Scientists tell us things that are Mr. Speaker, I rise in strong opposi- ple with potential financial conflicts of really important. They tell us things tion to this rule and the underlying interest on the Science Advisory Board like climate change is caused by green- legislation. This is the 23rd closed rule so long as they disclose them. I mean, house gasses, something my Repub- of this short, new Congress. Both do we really want people on our advi- lican friends continually deny. They Democrats and Republicans have been sory boards if they could profit from a tell us that polluted air can give chil- denied the opportunity to amend near- decision that they are about to make? dren asthma. They tell us that lead in ly 60 percent of the legislation that has There is nothing scientific about cor- children’s drinking water causes learn- been brought to the floor through the ruption, and this is exactly what this ing problems. They tell us pesticide ex- House Rules Committee. bill will open the door to. posure can cause cancer. These are im- This effort by Speaker RYAN and the This bill also limits the participation portant things. Republican leadership to halt a fair of scientific experts at the EPA, lead- We all learned in school, thanks to and open debate in the people’s House ing to a disproportionate representa- science, that the Earth orbits around is outrageous. We are supposed to be a tion of big business and corporate spe- the Sun, that gravity causes this pen deliberative body where both parties cial interests. Are these really the peo- to fall when I drop it, that plants turn get to deliberate. These Putinesque ple we want making decisions about sunshine into energy, that dinosaurs rules that shut down all debate need to the health of our kids and the policies roamed the Earth millions of years stop. This isn’t the Kremlin. that should be protecting our environ- ago. You know, I think Representative ment? Is that what we want? Mr. Speaker, the first graders I talk ROONEY, a Republican, said it best last So what is this bill really about? to, they get it. They understand the week: ‘‘I’ve been in this job for 8 years, Well, it is about allowing the Repub- importance of science. Unfortunately, and I’m wracking my brain to think of licans’ big corporate cronies a direct many of my colleagues in this Chamber one thing our party has done that’s route to the decisionmakers at the do not. And I would bet that those first been something positive, that’s been EPA. It is about disrupting the EPA’s graders understand the importance of something other than stopping some- ability to fairly enforce the rules, hold making sure that it is scientists who thing else from happening.’’ corporate polluters accountable, and sit on scientific advisory boards and Well, Mr. Speaker, today we are con- protect our health. It is about under- not corporate cronies. sidering a piece of legislation that mining scientific fact with political Mr. Speaker, I reserve the balance of seeks to prevent the EPA from pro- cronyism. my time. tecting public health and the environ- Now, maybe things have changed Mr. NEWHOUSE. Mr. Speaker, I yield ment—not exactly positive. lately. It has been a while since my myself such time as I may consume. This bill was brought to the Rules last science class. But I am pretty sure I appreciate the gentleman’s com- Committee in an emergency meeting there is no step in the scientific meth- ments. In fact, some of those com- last night. And let me emphasize that, od that says consult corporate cronies. ments he was making I thought he was an emergency meeting. The truth is that this Republican ma- quoting me, or at least quoting parts of Mr. Speaker, I think the American jority wants the EPA to base their de- my own speech. people have a pretty good idea of what cisions on fiction, not fact. Certainly, I agree that the decisions is and what isn’t an emergency. A tree Americans can’t afford to have the made by the Environmental Protection falls on your house, that is an emer- EPA run by people who live in a Agency should be based on fact, not by gency. Your rose bush needs pruning, fantasyland where facts and science industry insiders, and that is exactly

VerDate Sep 11 2014 01:00 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.023 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2531 what this legislation would do. I can’t Mr. Speaker, EPA’s regulatory agen- under this leadership. This is not only think of any instance where asking for da should not require secret science, something that I know Democrats have more full public participation as well much less 30-year-old data, in order to a problem with; I know a lot of Repub- as transparency is not a positive step, sell it to the American people. The licans do, too, because what this closed and that is exactly what we are trying other side likes to claim that there are process means is that anybody with a to do here. a lot of scientists behind this climate good idea can’t bring it to the floor and In reference to the number of closed change theory, but they won’t release can’t have an opportunity to debate rules that we have had this year, let that data. the issue. me just remind the good gentleman So what are they hiding behind? It was funny last night in the Rules that 15 out of the 23 closed rules were By the way, I remember Mark Twain Committee, my colleague from Texas actually the Congressional Review Act, said that sometimes the majority sim- (Mr. BURGESS) was kind of crowing the CRAs that we have been working ply means that all the fools are on one about the fact that no amendments on. They are prescribed to be a closed side. were brought before the Rules Com- rule. That is the nature of a CRA. Mr. Speaker, it is long past time for mittee. I reminded him the reason why So I would think that, in the good Congress to increase the transparency no amendments were brought before gentleman’s estimation of this bill and of the EPA. This HONEST Act will do all the negative things that could po- exactly that by prohibiting the EPA the Rules Committee is because this tentially come of it, that we should be from proposing or finalizing regula- bill was noticed as an emergency and able to come to some bipartisan agree- tions based upon data that is either there was no call for amendments. ment on this, especially considering outdated, it is not transparent, nor is Members weren’t asked to bring their the political climate that we are in it publicly available for review. ideas or their amendments to the Rules today, the occupant of the White House Mr. Speaker, I thank Chairman Committee. This would be laughable if today, certainly in Republican hands, SMITH for bringing this important leg- it weren’t so tragic. I would say to my and I would think our friends on the islation to the floor today, and I thank colleagues that it is this same closed Democratic side of the aisle would be the fine gentleman from Washington process that brought us this disastrous very interested in ensuring an unbiased State (Mr. NEWHOUSE). health repeal bill that my friends had source of information that comes from Mr. MCGOVERN. Mr. Speaker, I yield to pull last week that is on display the SAB to give to the EPA in making myself such time as I may consume. today. When you have a lousy process, their important decisions. This, I Mr. Speaker, I thank the gentleman you end up with lousy legislation. would think, would be a good idea for from Texas for his speech, but it was This is the people’s House. We are both sides of the aisle, no matter who on a different bill than the one we are supposed to deliberate, and here is a is in the White House, and I would talking about right now. That was a radical idea: let us deliberate a little agree that it is. rule we debated yesterday. The rule bit. Open it up. Open it up a little bit. Mr. Speaker, I yield 3 minutes to the passed, but we are going to be talking Let there be some amendments on both gentleman from Texas (Mr. WEBER), about it today. So I was a little con- sides of the aisle. my good friend. fused trying to follow the gentleman. Mr. Speaker, I ask my colleagues to Mr. WEBER of Texas. Mr. Speaker, I I also want to remind the gentleman vote ‘‘no’’ on the previous question. If do rise today in support of H.R. 1430, that he mentioned Donald Trump’s we defeat the previous question, I will and I appreciate the primer that we election. I will remind him that less bring to the floor an amendment, were just given from the other side on than half of the people of the United which I am going to talk about right what an emergency is. States actually voted for him. Hillary I would remind my good friend on the won the popular vote by close to 3 mil- now because, Mr. Speaker, we are deep- other side that, on November 8, 2016, lion. The gentleman keeps on talking ly concerned by reports from our intel- the Americans stood up and said: We about a better way, a better way, a bet- ligence community regarding Russian have an emergency. We need to change ter way. interference in last year’s election and directions. And they elected Donald Was that what was on display last even more troubled by FBI Director Trump to be President to do just that. week when we spent 15 hours in the Comey’s sworn testimony that the FBI So that is a good reminder. Rules Committee debating a repeal- is now investigating the possibility of Mr. Speaker, our constituents have a and-replace bill on health care that collusion between members of Presi- right to know whether or not EPA reg- only 16 percent of the American people dent Trump’s campaign team and Rus- ulations are based on sound science and thought was worth it and that had to sia. if they benefit the American people. be pulled because it was such a lousy Mr. Speaker, the legitimacy of our Keeping in the vein with what I just process? electoral system is at stake, and it is said, we have a better way. Speaker If that is the better way, I don’t time that this Republican-controlled PAUL RYAN has put out his plan for A think people want anything to do with Congress does its job and gets to the Better Way. Donald Trump has been it. bottom of this. Unfortunately, recent elected for that better way. The Amer- I would say to the gentleman, my actions by the House Intelligence Com- ican people deserve a better way. colleague, Mr. NEWHOUSE, who is talk- mittee chairman have left many Mem- This is called the HONEST Act, ing about trying to justify the closed bers from both sides of the aisle con- which I am proud to be a cosponsor of. process and saying that some of these vinced that the committee will not be It is a better way. It is simple and bills were CRAs, just repealing regula- able to conduct an impartial investiga- tions, well, my friends chose to bring straightforward. It is a message to gov- tion of this crucial matter of national up these repeal regulation bills under a ernment bureaucrats they cannot pro- security. pose costly new regulations without very closed process. Interestingly Mr. Speaker, if we defeat the pre- providing sufficient transparency. As enough, these rules were made under a vious question, I will offer an amend- my good friend from Washington said: very open process where agencies solic- Why would anybody be opposed to ited input from stakeholders and from ment to the rule to bring up Represent- transparency and a right for the Amer- the public, and it was all out in the ative SWALWELL’s and Representative ican public to know? open. But the Republicans chose to CUMMINGS’ bill, which would create a Opponents of this bill apparently bring measures to the floor to repeal bipartisan commission to investigate think Americans do not deserve to regulations in such a way that that Russian interference in our 2016 elec- know the truth, not to mention the agency can’t even go back and revisit tion. For the life of me I don’t know ‘‘science’’ behind EPA burdensome reg- the same subject of that particular reg- why this is controversial. My col- ulations. ulation. leagues on the Republican side should I think people need to understand be just as interested in getting to the b 1245 this. I don’t think I can ever recall a truth and getting to the truth in a way Trust me when I say Americans de- more closed, authoritarian process that has credibility with the American serve the truth from the very start. than the one that we have experienced people as we on the Democratic side do.

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.024 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2532 CONGRESSIONAL RECORD — HOUSE March 29, 2017 Mr. Speaker, I ask unanimous con- resentatives who are guilty of pol- Mr. Speaker, I include in the RECORD sent to insert the text of my amend- luting in the first place. Of course, a news release from the American ment in the RECORD, along with extra- they won’t welcome regulation of their Chemistry Council. neous material, immediately prior to own respective industries, and the Re- [From the American Chemistry Council, the vote on the previous question. publicans are their enablers. That is March 9, 2017] The SPEAKER pro tempore (Mr. what is going to happen if this bill ACC SUPPORTS LEGISLATIVE EFFORTS TO FARENTHOLD). Is there objection to the passes. IMPROVE EPA SCIENCE request of the gentleman from Massa- With respect to Russia, each day WASHINGTON.—The American Chemistry chusetts? there are more troubling revelations Council (ACC) issued the following state- There was no objection. that make clear that senior-level ment in support of the H.R. 1430, the ‘‘Honest Mr. MCGOVERN. Mr. Speaker, I yield Trump officials had undisclosed con- and Open New EPA Science Treatment Act 4 minutes to the distinguished gen- tact with Russian officials about the of 2017’’ (or The HONEST Act) introduced by Chairman Lamar Smith (R–TX) and H.R. 1431 tleman from Virginia (Mr. CONNOLLY) campaign, perhaps, the transition, and about sanctions. National Security Ad- ‘‘EPA Science Advisory Board Reform Act of to discuss our proposal. 2017,’’ introduced by Congressman Frank Mr. CONNOLLY. Mr. Speaker, I viser Michael Flynn was fired after Lucus (R–OK). thank my distinguished friend from only 3 weeks on the job for lying about ‘‘Consistency and transparency are key to Massachusetts, and I also thank his this very thing to the Vice President of the regulatory certainty our industry needs able staff for the incredible work they the United States. Attorney General to grow and create jobs. In some instances, are doing. Jeff Sessions had to recuse himself EPA has fallen short of employing the high- Mr. Speaker, I want to talk about the from any Russian probe because of est-quality, best-available science in their regulatory decision making. bill before us, the EPA Science Advi- compromised testimony at his nomina- ‘‘It is critical that the regulated commu- sory Board, but also I want to talk tion hearing. FBI Director James nity and the public have confidence that de- about Mr. MCGOVERN’s amendment on Comey confirmed an investigation into cisions reached by EPA are grounded in Russia. the Trump campaign’s possible collu- transparent and reproducible science. By en- They actually are linked because the sion with Russian officials. suring that the EPA utilizes high quality last time a great power decided to deny What has been the most visible reac- science and shares underlying data used to science-based policy and to actually tion from my friends on the other side reach decisions, the HONEST Act can help dictate politically what was science of the aisle in this Congress? foster a regulatory environment that will The frenetic behavior of the Intel- allow the U.S. business of chemistry to con- and what wasn’t was Stalin’s Soviet tinue to develop safe, innovative products Russia. A famous scientist named ligence Committee chairman that has seemingly compromised the commit- that Americans depend on in their everyday Lysenko turned out to be a fraud and a lives. con artist. But for 30 years, his think- tee’s ability to investigate. ‘‘The Science Advisory Board Reform Act ing dominated Soviet science to the This ought not to be about partisan would improve the peer review process—a detriment of the Soviet people. It actu- politics. It ought to be about restoring critical component of the scientific process ally led to a famine in Ukraine, killing congressional independence and integ- used by EPA in their regulatory decisions about potential risks to human health or the millions of people because he insisted rity, one of our most cherished demo- cratic institutions; in fact, the most environment. The Act would make peer re- on his political brand of agricultural cherished, a free election without for- viewers accountable for responding to public science, which wasn’t science at all. eign interference. comment, strengthen policies to address con- My friend from Massachusetts I flicts of interest, ensure engagement of a So I support Mr. MCGOVERN’s poten- think is wrong when he asks: What is wide range of perspectives of qualified sci- tial amendment. I will also oppose the the emergency? I don’t think he under- entific experts in EPA’s scientific peer re- previous question. view panels and increase transparency in stands that, from the Republican point Mr. NEWHOUSE. Mr. Speaker, I yield of view, science mixed with public pol- peer review reports. myself such time as I may consume. ‘‘We commend Chairman Smith and Con- icy is an emergency. We have to do As we get back to the bill at hand, I gressman Lucas for their leadership and something about it. think it is important that there are a commitment to advance these important The world was created 4,273 years ago lot of important topics out there that issues.’’ and carbon dating is a fraud. As your people want to touch on, and that is all Mr. NEWHOUSE. Mr. Speaker, I coastal areas are under water, think well and good. Just like my friend from would like to read an excerpt from the about the comfort of Republican phi- Texas, a fine member of the Science, American Chemistry Council letter: losophy: it is just a theory, and disput- Space, and Technology Committee, ‘‘The Science Advisory Board Reform able at that. By the way, let’s defund brought up other bills that are impor- Act would improve the peer review any research on it. Let’s back out of tant and that relate to what we are process—a critical component of the our commitments. Let’s be the only talking about here today, and I think scientific process used by EPA in their major nation in the world that denies that is important as well. regulatory decisions about potential that climate change is real and is going But I think I see an underlying risks to human health or the environ- to affect us in almost every aspect of theme here. We all agree on one thing: ment. The Act would make peer re- our lives moving forward, including our we want the EPA to use science. We viewers accountable for responding to children and their children. want public participation. We want and public comment, strengthen policies to We owe them better. That is the we need transparency. address conflicts of interest, ensure en- emergency. God forbid the Environ- This is certainly a positive step in a gagement of a wide range of perspec- mental Protection Agency have poli- bill, Mr. Speaker, that went through tives of qualified scientific experts in cies and regulations that are science- regular order, that was introduced with EPA’s scientific peer review panels and based. God forbid we look at empirical bipartisan support, that went through increase transparency in peer review research to guide us in making the markup process, and that was re- reports.’’ thoughtful policies to protect the pub- ported out without amendments, some- That is a strong statement. lic. God forbid we look at the science of thing that this body in the last Con- I also include in the RECORD a letter lead and other toxins in water supplies, gress passed, I believe, in a bipartisan from the American Farm Bureau Fed- let’s save $7 million in Flint, Michigan. fashion. eration. Just today they announced a $100 mil- Just to underscore the importance of AMERICAN FARM lion settlement. That anti-scientific taking this important step—and let me BUREAU FEDERATION, decision, that political decision, put underscore again—no matter which Washington, DC, March 8, 2017. the people of Flint, Michigan, at risk, side of the aisle you are on, it is impor- Hon. LAMAR SMITH, and it is now going to cost $100 million tant that we do this because of who Chair, House Committee on Science, Space and to fix. you may think is the right person or Technology, Washington, DC. That is the consequences of an anti- the wrong person occupying the White Hon. EDDIE BERNICE JOHNSON, Ranking Member, House Committee on Science, empirical philosophy, and that will be House, it is important that the EPA Space and Technology, Washington, DC. the consequence of polluting this board has an unbiased source of information DEAR CHAIRMAN SMITH AND RANKING MEM- with corporations and corporate rep- in order for it to make its decisions. BER JOHNSON: Later this week, the House

VerDate Sep 11 2014 03:48 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.026 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2533 Science, Space and Technology Committee b 1300 with industry representatives, and it will consider legislation to provide for Sci- This is a big deal. The American peo- weakens scientific review. It is that entific Advisory Board (SAB) member quali- simple. I don’t care what your political fications and public participation. The ple deserve the truth. My Republican American Farm Bureau strongly supports colleagues ought to get out of the way ideology is, I don’t think you want this legislation and pledges our commitment and allow this commission to be cre- that. to work with the committee in pressing for ated so that the American people can Let me just mention some of the its swift consideration. actually have some trust in a process groups that are opposed to this: This legislation is a priority because it re- that determines the extent to which The Alliance of Nurses for Healthy forms the SAB process by strengthening pub- the Russians interfered in our election. Environments, American Geophysical lic participation, improving the process of Union, and the American Lung Asso- selecting expert advisors, and expanding the Again, I would urge a ‘‘no’’ vote on overall transparency of the SAB. While the the previous question. ciation strongly oppose this bill. The SAB should be a critical part of the sci- With regard to the rule that we are American Public Health Association, entific foundation of the U.S. Environmental debating today, I would again remind the American Thoracic Society, and Protection Agency’s (EPA) regulatory proc- everybody that this is a closed rule. the Asthma and Allergy Foundation of ess, EPA has systematically used its author- There are some Members of this House America oppose this bill. Clean Water ity to silence dissenting scientific experts. who have never seen an open rule, ever. Action opposes this bill. Earthjustice, Rather than promote fairness, transparency I hope that changes because I do think the Environmental Defense Action and independence to ensure unbiased sci- entific advice, EPA routinely has ignored its that, again, there ought to be more de- Fund, Health Care Without Harm, own Peer Review Handbook and silenced dis- liberation here, there ought to be more League of Conservation Voters, and the senting voices on expert panels. back and forth. Even ideas that I National Medical Association oppose This legislation seeks to reinforce the SAB strongly disagree with on the Repub- this bill. The Natural Resources De- process as a tool that can help policymakers lican side, they ought to have the op- fense Council, Physicians for Social with complex issues while preventing EPA portunity to come here and be able to Responsibility, and Union of Concerned from muzzling impartial scientific advice. present them and we can vote up or This legislation deserves strong, bipartisan Scientists all oppose this bill. The support. We applaud your leadership in this down on them. Food Policy Action opposes this bill. effort and will work with you to ensure pas- I think we need to break this pattern I can go on and on. Every organiza- sage. of shutting the process down. It is what tion that is an advocate for the health Sincerely, resulted in the debacle last week with and well-being of the American people ZIPPY DUVALL, your horrible healthcare bill, the one oppose this bill. We are bringing it up President. that only 16 percent of the American for an up-or-down vote, no amend- Mr. NEWHOUSE. Mr. Speaker, the people supported. It is pretty hard to ments, a closed rule, and here we are. American Farm Bureau Federation get that low, but my friends managed I would just say, Mr. Speaker, again, states: to be able to set a new record on un- this is a bad idea. I guess if you are an ‘‘This legislation seeks to reinforce popular legislation—so bad that it had ally of big corporations or of corpora- the SAB process as a tool that can help to be withdrawn from the floor for con- tions that engage in pollution, this is a policymakers with complex issues sideration. good idea. But if you are interested in while preventing EPA from muzzling I would argue it is the closed, author- protecting the health and well-being of impartial scientific advice. This legis- itarian-like process that produced a the American people, and the globe, for lation deserves strong, bipartisan sup- lousy bill. If my friends continue to ad- that matter, this is a bad idea. port. We applaud your leadership in here to this closed process, they are As I began, I mentioned that when I this effort and will work with you to going to get more lousy pieces of legis- speak to first-graders, they understand ensure passage.’’ lation that are going to do great harm the importance of science. They get it. These are two bipartisan groups to the American people brought to this They want us to be good stewards of looking out for the best interests of the floor. the environment. They want us to pro- This bill that is before us today, citizens of our great country, so I tect this planet. They understand the again, has been brought to the floor think they make strong statements in importance of science. under this expedited procedure called support of this legislation. But I am always amazed how many Mr. Speaker, I reserve the balance of an emergency provision. It is just being people in this Chamber just don’t get my time. rushed to the floor as an emergency. it. I find that really sad. I want to give Mr. MCGOVERN. Mr. Speaker, may I This is not an emergency. The opioid inquire from the gentleman how many crisis is an emergency; the crisis in my kids, and someday my grandkids more speakers he has? Flint, Michigan, is an emergency; our and great grandkids, a future where we Mr. NEWHOUSE. I think we have run crumbling infrastructure is an emer- respect the environment. When we pass to the end of our speakers. gency. There are deficient bridges and bills like this, it makes that less cer- Mr. MCGOVERN. Mr. Speaker, I yield roads in every one of our congressional tain. myself the balance of my time. districts. That is an emergency. We Mr. Speaker, I would urge my col- Mr. Speaker, let me first remind need to address that. leagues again to vote ‘‘no’’ on the pre- Members that we are asking for a ‘‘no’’ Keeping the government open is an vious question and, please, in a bipar- vote on the previous question. If the emergency. But to say this is an emer- tisan way, reject this lousy piece of previous question is defeated, we will gency is kind of ridiculous. It is not an legislation. bring up an amendment that will allow emergency. It is kind of like our house Mr. Speaker, I yield back the balance the bill that Representative SWALWELL is on fire and you are saying: I will get of my time. and Representative CUMMINGS have in- out the hose later, but I need to wash Mr. NEWHOUSE. Mr. Speaker, I yield troduced, which would create a bipar- the dishes first. myself the balance of my time. tisan commission to investigate Rus- That is how this kind of fits into This bill is a good idea, and I think sian interference in our 2016 election. what we are doing here today. This the debate that we have had here today This is the appropriate place to do it doesn’t qualify for that. underscores the importance of this as because we are blocked in every other On the substance of the bill, we have we consider this under the rule. way in terms of trying to bring this to this radical idea that scientists ought H.R. 1431 addresses problems that the floor, and the Rules Committee is a to sit on scientific advisory commit- have arisen over the years with the committee that prioritizes legislation tees, not corporate cronies, not people Science Advisory Board, and actually that helps set the agenda, so this ought who are interested in covering up for would return the Board to its intended to be part of it. This anti-science bill polluters or doing their bidding. We purpose—something maybe the gen- can still be debated and voted on. It think experts and scientists ought to tleman does not agree with—to provide won’t derail that, but it will allow the sit on scientific advisory boards. That independent expert advice on scientific House to be able to deliberate on this is the radical idea that we have. This and technical information. bill that would create a bipartisan bill, unfortunately, undermines that. By modernizing the policies and the commission to investigate Russian in- What this bill does is threaten public procedures of the governing of the terference in the 2016 election. health by stacking advisory boards SAB, Congress, with this bill, can take

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.008 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2534 CONGRESSIONAL RECORD — HOUSE March 29, 2017 critical steps to make sure that the to the Science Advisory Board. It is the rule as ‘‘a motion to direct or control the SAB is best equipped to provide that time to strengthen scientific integrity. consideration of the subject before the House independent, transparent, balanced re- Science is an invaluable tool that helps being made by the Member in charge.’’ To view and the analyses of the science defeat the previous question is to give the policymakers navigate complex issues, opposition a chance to decide the subject be- used that guides the EPA’s regulatory yet this resource has been severely di- fore the House. Cannon cites the Speaker’s decisions. minished if the EPA interferes with ex- ruling of January 13, 1920, to the effect that One key issue that this measure pert advice, limits public participation, ‘‘the refusal of the House to sustain the de- would address is the importance of hav- and fails to disclose potential conflicts mand for the previous question passes the ing regulations that are supported by of interest. control of the resolution to the opposition’’ science and that are reproducible and As President Reagan said in guidance in order to offer an amendment. On March accessible for peer review, not 15, 1909, a member of the majority party of- to the EPA: ‘‘The purpose of the fered a rule resolution. The House defeated antiscience, like some people have Science Advisory Board is to apply the the previous question and a member of the said. Quite the opposite. We want universally accepted principles of sci- opposition rose to a parliamentary inquiry, science. We want good science. entific peer review to the research con- asking who was entitled to recognition. The scientific method demands that clusions that will form the basis for Speaker Joseph G. Cannon (R-Illinois) said: the result of scientific studies be capa- EPA regulations, a function that must ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- ble of replication. This is all the more remain above interest group politics.’’ critical when the information is used gerald, who had asked the gentleman to Mr. Speaker, I believe H.R. 1431 gets yield to him for an amendment, is entitled to to develop and set public policy, which to the heart of President Reagan’s the first recognition.’’ is why the methods and the data used point. Greater debate, unbiased sci- The Republican majority may say ‘‘the by the EPA and the SAB must be pub- entific advice and independent peer-re- vote on the previous question is simply a licly available for purposes of replica- views, and public participation will vote on whether to proceed to an immediate tion and verification. If you don’t want only result in better decisionmaking at vote on adopting the resolution . . . [and] public transparency, I guess you should has no substantive legislative or policy im- the Federal level. I believe that this is plications whatsoever.’’ But that is not what vote ‘‘no’’ on this bill. the goal we all share, and I urge all of Mr. Speaker, opponents of the legis- they have always said. Listen to the Repub- my colleagues to support this rule, as lican Leadership Manual on the Legislative lation have argued that it makes un- well as the underlying bill. Process in the United States House of Rep- necessary and unproductive changes to The material previously referred to resentatives, (6th edition, page 135). Here’s the SAB, that it would restrict the how the Republicans describe the previous by Mr. MCGOVERN is as follows: ability of scientists to engage on the question vote in their own manual: ‘‘Al- issues they specialize in, creates new AN AMENDMENT TO H. RES. 233 OFFERED BY though it is generally not possible to amend MR. MCGOVERN burdens through the public comment the rule because the majority Member con- and transparency provisions, and weak- At the end of the resolution, add the fol- trolling the time will not yield for the pur- lowing new sections: pose of offering an amendment, the same re- ens the ability of the EPA to use the SEC. 2. Immediately upon adoption of this sult may be achieved by voting down the pre- best available science and data to sup- resolution the Speaker shall, pursuant to vious question on the rule. . . . When the port its rules and regulations. clause 2(b) of rule XVIII, declare the House motion for the previous question is defeated, I believe that these arguments fail to resolved into the Committee of the Whole control of the time passes to the Member recognize what this bill actually does House on the state of the Union for consider- who led the opposition to ordering the pre- accomplish. They seem to ignore the ation of the bill (H.R. 356) to establish the vious question. That Member, because he importance of reforming the Federal National Commission on Foreign Inter- then controls the time, may offer an amend- rulemaking process in a way that en- ference in the 2016 Election. The first reading ment to the rule, or yield for the purpose of of the bill shall be dispensed with. All points amendment.’’ sures sound science is the bedrock on In Deschler’s Procedure in the U.S. House which Federal rules and regulations of order against consideration of the bill are waived. General debate shall be confined to of Representatives, the subchapter titled are built—sound science; is that a rad- the bill and shall not exceed one hour equal- ‘‘Amending Special Rules’’ states: ‘‘a refusal ical idea—and that these are not pre- ly divided and controlled by the chair and to order the previous question on such a rule determined political agendas. ranking minority member of the Committee [a special rule reported from the Committee Unfortunately, the EPA has diluted on Foreign Affairs. After general debate the on Rules] opens the resolution to amend- the Board’s credibility by systemati- bill shall be considered for amendment under ment and further debate.’’ (Chapter 21, sec- cally silencing dissenting opinions, ig- the five-minute rule. All points of order tion 21.2) Section 21.3 continues: ‘‘Upon re- noring calls for balanced participation, against provisions in the bill are waived. At jection of the motion for the previous ques- the conclusion of consideration of the bill for tion on a resolution reported from the Com- and preventing the Board from re- mittee on Rules, control shifts to the Mem- sponding to congressional reports. amendment the Committee shall rise and re- port the bill to the House with such amend- ber leading the opposition to the previous Fully 10 percent of the seats on the ments as may have been adopted. The pre- question, who may offer a proper amendment Board will be filled by State, local, and vious question shall be considered as ordered or motion and who controls the time for de- tribal representatives, improving the on the bill and amendments thereto to final bate thereon.’’ balance of that participation. passage without intervening motion except Clearly, the vote on the previous question on a rule does have substantive policy impli- H.R. 1431 simply encourages greater one motion to recommit with or without in- cations. It is one of the only available tools transparency, debate, and public par- structions. If the Committee of the Whole for those who oppose the Republican major- rises and reports that it has come to no reso- ticipation in the Board, which will re- ity’s agenda and allows those with alter- lution on the bill, then on the next legisla- sult in better decisionmaking at the native views the opportunity to offer an al- tive day the House shall, immediately after EPA. I think that is something every- ternative plan. one should be able to agree on. I don’t the third daily order of business under clause 1 of rule XIV, resolve into the Committee of Mr. NEWHOUSE. Mr. Speaker, I yield think public participation is a burden, the Whole for further consideration of the back the balance of my time, and I but, rather, a benefit that improves the bill. move the previous question on the res- relationship and the interaction be- SEC. 3. Clause 1(c) of rule XIX shall not olution. tween Federal regulators and the pub- apply to the consideration of H.R. 356. The SPEAKER pro tempore. The lic. question is on ordering the previous By strengthening public participa- THE VOTE ON THE PREVIOUS QUESTION: WHAT question. tion, improving the process for select- IT REALLY MEANS The question was taken; and the ing expert advisers, and expanding This vote, the vote on whether to order the Speaker pro tempore announced that transparency requirements, this legis- previous question on a special rule, is not the ayes appeared to have it. lation takes critical steps that will im- merely a procedural vote. A vote against or- Mr. MCGOVERN. Mr. Speaker, on prove our regulatory system, while dering the previous question is a vote that I demand the yeas and nays. also ensuring that the most qualified against the Republican majority agenda and The yeas and nays were ordered. a vote to allow the Democratic minority to The SPEAKER pro tempore. Pursu- and the most capable scientists are free offer an alternative plan. It is a vote about to undertake a balanced and open re- what the House should be debating. ant to clause 9 of rule XX, the Chair view of regulatory science. Mr. Clarence Cannon’s Precedents of the will reduce to 5 minutes the minimum Mr. Speaker, it is time to update the House of Representatives (VI, 308–311), de- time for any electronic vote on the law. It is time to restore independence scribes the vote on the previous question on question of adoption of the resolution.

VerDate Sep 11 2014 03:48 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.030 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2535 The vote was taken by electronic de- Cooper Keating Peterson Carter (GA) Hultgren Reed vice, and there were—yeas 232, nays Correa Kelly (IL) Pingree Carter (TX) Hunter Reichert Costa Kennedy Pocan Chabot Hurd Renacci 191, not voting 6, as follows: Courtney Khanna Polis Chaffetz Issa Rice (SC) [Roll No. 203] Crist Kihuen Price (NC) Cheney Jenkins (KS) Roby Crowley Kildee Quigley Coffman Jenkins (WV) Roe (TN) YEAS—232 Cuellar Kilmer Raskin Cole Johnson (LA) Rogers (AL) Cummings Kind Abraham Goodlatte Olson Rice (NY) Collins (GA) Johnson (OH) Rogers (KY) Davis (CA) Krishnamoorthi Aderholt Gosar Palazzo Richmond Collins (NY) Johnson, Sam Rohrabacher Davis, Danny Kuster (NH) Allen Gowdy Palmer Rosen Comer Jones Rokita DeFazio Langevin Amash Granger Paulsen Roybal-Allard Comstock Jordan Rooney, Francis DeGette Larsen (WA) Amodei Graves (GA) Pearce Ruiz Conaway Joyce (OH) Rooney, Thomas Delaney Larson (CT) Arrington Graves (LA) Perry Ruppersberger Cook Katko J. DeLauro Lawrence Babin Graves (MO) Pittenger Ryan (OH) Costello (PA) Kelly (MS) Ros-Lehtinen DelBene Lawson (FL) Bacon Griffith Poe (TX) Sa´ nchez Cramer Kelly (PA) Roskam Demings Lee Banks (IN) Grothman Poliquin Sarbanes Crawford King (IA) Ross DeSaulnier Levin Barletta Guthrie Posey Schakowsky Culberson King (NY) Rothfus Deutch Lewis (GA) Davidson Kinzinger Barr Harper Ratcliffe Schiff Rouzer Dingell Lieu, Ted Davis, Rodney Knight Royce (CA) Barton Harris Reed Schneider Doggett Lipinski Denham Kustoff (TN) Russell Bergman Hartzler Reichert Schrader Doyle, Michael Loebsack Dent Labrador Rutherford Biggs Hensarling Renacci Scott (VA) F. Lofgren Bilirakis Herrera Beutler Rice (SC) DeSantis LaHood Sanford Ellison Lowenthal Scott, David Bishop (MI) Hice, Jody B. Roby DesJarlais Lamborn Scalise Engel Lowey Serrano Bishop (UT) Higgins (LA) Roe (TN) Diaz-Balart Lance Schweikert Eshoo Lujan Grisham, Sewell (AL) Black Hill Rogers (AL) Donovan Latta Scott, Austin Espaillat M. Shea-Porter Blackburn Holding Rogers (KY) Duncan (SC) Lewis (MN) Sensenbrenner Esty Luja´ n, Ben Ray Sherman Blum Hollingsworth Rohrabacher Duncan (TN) LoBiondo Sessions Evans Lynch Sinema Bost Hudson Rokita Dunn Long Shimkus Foster Maloney, Sires Brady (TX) Huizenga Rooney, Francis Ellison Loudermilk Shuster Frankel (FL) Carolyn B. Smith (WA) Brat Hultgren Rooney, Thomas Emmer Love Simpson Fudge Maloney, Sean Soto Bridenstine Hunter J. Farenthold Lucas Smith (MO) Gabbard Matsui Speier Brooks (AL) Hurd Ros-Lehtinen Faso Luetkemeyer Smith (NE) Gallego McCollum Suozzi Brooks (IN) Issa Roskam Ferguson MacArthur Smith (NJ) Garamendi McEachin Swalwell (CA) Buchanan Jenkins (KS) Ross Fitzpatrick Marchant Smith (TX) Gonzalez (TX) McGovern Takano Buck Jenkins (WV) Rothfus Fleischmann Marshall Smucker Gottheimer McNerney Thompson (CA) Bucshon Johnson (LA) Rouzer Flores Massie Stefanik Green, Al Meng Thompson (MS) Budd Johnson (OH) Royce (CA) Fortenberry Mast Stewart Green, Gene Moore Titus Burgess Johnson, Sam Russell Foxx McCarthy Stivers Grijalva Moulton Tonko Byrne Jordan Rutherford Franks (AZ) McCaul Taylor Gutie´rrez Murphy (FL) Torres Calvert Joyce (OH) Sanford Frelinghuysen McClintock Tenney Hanabusa Nadler Tsongas Carter (GA) Katko Scalise Gaetz McHenry Thompson (PA) Hastings Napolitano Vargas Carter (TX) Kelly (MS) Schweikert Gallagher McKinley Thornberry Heck Neal Veasey Chabot Kelly (PA) Scott, Austin Garrett McMorris Tiberi Higgins (NY) Nolan Vela Chaffetz King (IA) Sensenbrenner Gibbs Rodgers Tipton Himes Norcross Vela´ zquez Cheney King (NY) Sessions Gohmert McSally Trott Hoyer O’Halleran Visclosky Coffman Kinzinger Shimkus Goodlatte Meadows Turner Huffman O’Rourke Walz Cole Knight Shuster Gosar Meehan Upton Jackson Lee Pallone Wasserman Collins (GA) Kustoff (TN) Simpson Gowdy Messer Valadao Jayapal Panetta Schultz Collins (NY) Labrador Smith (MO) Granger Mitchell Wagner Jeffries Pascrell Waters, Maxine Comer LaHood Smith (NE) Graves (GA) Moolenaar Walberg Johnson (GA) Payne Watson Coleman Comstock LaMalfa Smith (NJ) Graves (LA) Mooney (WV) Walden Johnson, E. B. Pelosi Welch Conaway Lamborn Smith (TX) Graves (MO) Mullin Walker Jones Perlmutter Wilson (FL) Cook Lance Smucker Griffith Murphy (PA) Walorski Kaptur Peters Yarmuth Costello (PA) Latta Stefanik Grothman Newhouse Walters, Mimi Guthrie Noem Weber (TX) Cramer Lewis (MN) Stewart NOT VOTING—6 Crawford LoBiondo Stivers Harper Nunes Webster (FL) Culberson Long Taylor Duffy Meeks Slaughter Harris Olson Wenstrup Curbelo (FL) Loudermilk Tenney Marino Rush Young (AK) Hartzler Palazzo Westerman Davidson Love Thompson (PA) Hensarling Palmer Williams Davis, Rodney Lucas Thornberry b 1336 Herrera Beutler Paulsen Wilson (SC) Denham Luetkemeyer Tiberi Hice, Jody B. Pearce Wittman Dent MacArthur Tipton Mr. O’HALLERAN changed his vote Higgins (LA) Perry Womack DeSantis Marchant Trott from ‘‘yea’’ to ‘‘nay.’’ Hill Pittenger Woodall DesJarlais Marshall Turner So the previous question was ordered. Holding Poe (TX) Yoder Hollingsworth Poliquin Yoho Diaz-Balart Massie Upton The result of the vote was announced Donovan Mast Valadao Hudson Posey Young (IA) Duncan (SC) McCarthy Wagner as above recorded. Huizenga Ratcliffe Zeldin Duncan (TN) McCaul Walberg The SPEAKER pro tempore. The Dunn McClintock Walden question is on the resolution. NOES—188 Emmer McHenry Walker The question was taken; and the Adams Cleaver Esty Farenthold McKinley Walorski Aguilar Clyburn Evans Faso McMorris Walters, Mimi Speaker pro tempore announced that Barraga´ n Cohen Foster Ferguson Rodgers Weber (TX) the ayes appeared to have it. Bass Connolly Frankel (FL) Fitzpatrick McSally Webster (FL) RECORDED VOTE Beatty Conyers Fudge Fleischmann Meadows Wenstrup Bera Cooper Gabbard Flores Meehan Westerman Mr. MCGOVERN. Mr. Speaker, I de- Beyer Correa Gallego Fortenberry Messer Williams mand a recorded vote. Bishop (GA) Costa Garamendi Foxx Mitchell Wilson (SC) A recorded vote was ordered. Blumenauer Courtney Gonzalez (TX) Franks (AZ) Moolenaar Wittman Blunt Rochester Crist Gottheimer Frelinghuysen Mooney (WV) Womack The SPEAKER pro tempore. This is a Bonamici Crowley Green, Al Gaetz Mullin Woodall 5-minute vote. Boyle, Brendan Cuellar Green, Gene Gallagher Murphy (PA) Yoder The vote was taken by electronic de- F. Cummings Grijalva Garrett Newhouse Yoho vice, and there were—ayes 232, noes 188, Brady (PA) Davis (CA) Gutie´rrez Gibbs Noem Young (IA) Brown (MD) Davis, Danny Hanabusa Gohmert Nunes Zeldin not voting 9, as follows: Brownley (CA) DeFazio Hastings [Roll No. 204] Bustos DeGette Heck NAYS—191 Butterfield Delaney Higgins (NY) Adams Boyle, Brendan Castor (FL) AYES—232 Capuano DeLauro Himes Aguilar F. Castro (TX) Abraham Barton Brat Carbajal DelBene Hoyer Barraga´ n Brady (PA) Chu, Judy Aderholt Bergman Bridenstine Ca´ rdenas Demings Huffman Bass Brown (MD) Cicilline Allen Biggs Brooks (AL) Carson (IN) DeSaulnier Jackson Lee Beatty Brownley (CA) Clark (MA) Amash Bilirakis Brooks (IN) Cartwright Deutch Jayapal Bera Bustos Clarke (NY) Amodei Bishop (MI) Buchanan Castor (FL) Dingell Jeffries Beyer Butterfield Clay Arrington Bishop (UT) Buck Castro (TX) Doggett Johnson (GA) Bishop (GA) Capuano Cleaver Babin Black Bucshon Chu, Judy Doyle, Michael Johnson, E. B. Carbajal Clyburn Bacon Blackburn Budd Cicilline F. Kaptur Blumenauer Ca´ rdenas Cohen Banks (IN) Blum Burgess Clark (MA) Engel Keating Blunt Rochester Carson (IN) Connolly Barletta Bost Byrne Clarke (NY) Eshoo Kelly (IL) Bonamici Cartwright Conyers Barr Brady (TX) Calvert Clay Espaillat Kennedy

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.033 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2536 CONGRESSIONAL RECORD — HOUSE March 29, 2017 Khanna Moulton Scott (VA) ‘‘(A) the best available science; ment to this issue, and for sponsoring Kihuen Murphy (FL) Scott, David ‘‘(B) specifically identified; and the Secret Science Reform Act in the Kildee Nadler Serrano ‘‘(C) publicly available online in a manner Kilmer Napolitano 113th Congress. In the last Congress, a Sewell (AL) that is sufficient for independent analysis Kind Neal similar bill passed the House with bi- Shea-Porter and substantial reproduction of research re- Krishnamoorthi Nolan Sherman partisan support. Our goal is to help Kuster (NH) Norcross sults, except that any personally identifiable Sinema advance not just any science, but the Langevin O’Halleran Sires information, trade secrets, or commercial or Larsen (WA) O’Rourke Smith (WA) financial information obtained from a person best science. Larson (CT) Pallone Soto and privileged or confidential, shall be re- The HONEST Act is a nonpartisan Lawrence Panetta Speier dacted prior to public availability. bill: a change in administration does Lawson (FL) Pascrell ‘‘(2) The redacted information described in Lee Payne Suozzi not affect the public’s right to know Levin Pelosi Swalwell (CA) paragraph (1)(C) shall be disclosed to a per- and see the science behind the EPA’s Takano son only after such person signs a written Lewis (GA) Perlmutter regulations. Lieu, Ted Peters Thompson (CA) confidentiality agreement with the Adminis- Lipinski Peterson Thompson (MS) trator, subject to guidance to be developed This legislation ensures that sound Loebsack Pingree Titus by the Administrator. science is the basis for EPA decisions Lofgren Pocan Tonko ‘‘(3) Nothing in the subsection shall be con- and regulatory actions. The days of Lowenthal Polis Torres strued as— Lowey Price (NC) ‘‘trust-me science’’ are over. In our Tsongas ‘‘(A) requiring the Administrator to dis- Lujan Grisham, Raskin Vargas modern Information Age, Federal regu- seminate scientific and technical informa- M. Rice (NY) Veasey lations should be based only upon data Luja´ n, Ben Ray Richmond Vela tion; Lynch Rosen ‘‘(B) superseding any nondiscretionary that is available for every American to Vela´ zquez see, and that can be subjected to inde- Maloney, Roybal-Allard Visclosky statutory requirement; or Carolyn B. Ruiz Walz ‘‘(C) requiring the Administrator to repeal, pendent review. That is called the sci- Maloney, Sean Ruppersberger Wasserman reissue, or modify a regulation in effect on entific method. Matsui Ryan (OH) Schultz McCollum Sa´ nchez the date of enactment of the Honest and We can all agree that the government McEachin Sarbanes Waters, Maxine Open New EPA Science Treatment Act of should rely on the best available Watson Coleman McGovern Schakowsky 2017. science. Unfortunately, the govern- McNerney Schiff Welch ‘‘(4) In this subsection— Meng Schneider Wilson (FL) ‘‘(A) the term ‘covered action’ means a ment does not always hold to this Moore Schrader Yarmuth risk, exposure, or hazard assessment, criteria standard. Looking at the EPA’s past NOT VOTING—9 document, standard, limitation, regulation, record, it is clear that the Agency has regulatory impact analysis, or guidance; and not followed an open and honest proc- Curbelo (FL) Marino Rush Duffy Meeks Slaughter ‘‘(B) the term ‘scientific and technical in- ess. For example, many major air-qual- LaMalfa Quigley Young (AK) formation’ includes— ity regulations from the previous ad- ‘‘(i) materials, data, and associated proto- b 1343 ministration were justified by data cols necessary to understand, assess, and ex- that the EPA said they had not seen, So the resolution was agreed to. tend conclusions; ‘‘(ii) computer codes and models involved even though they proposed the regula- The result of the vote was announced tion. as above recorded. in the creation and analysis of such informa- tion; This means that the EPA’s claims A motion to reconsider was laid on ‘‘(iii) recorded factual materials; and about the cost and benefits of its regu- the table. ‘‘(iv) detailed descriptions of how to access lations and the real risk they are Stated against: and use such information. meant to address cannot be independ- Mr. ELLISON. Mr. Speaker, during rollcall ‘‘(5) The Administrator shall carry out this ently verified by unbiased experts. If Vote No. 204 on H. Res. 233, the rule for H.R. subsection in a manner that does not exceed the EPA’s mandates really are based $1,000,000 per fiscal year, to be derived from 1431, I mistakenly recorded my vote as ‘‘yea’’ on sound science, then the American when I should have voted ‘‘nay.’’ amounts otherwise authorized to be appro- priated.’’. people should be allowed to see the f The SPEAKER pro tempore. Pursu- data. The EPA’s past refusal to cooper- HONEST AND OPEN NEW EPA ant to House Resolution 229, the gen- ate, leads to the question: What have they been hiding? SCIENCE TREATMENT ACT OF 2017 tleman from Texas (Mr. SMITH) and the Americans have a right to be sus- Mr. SMITH of Texas. Mr. Speaker, gentlewoman from Texas (Ms. EDDIE picious. pursuant to House Resolution 229, I BERNICE JOHNSON) each will control 30 call up the bill (H.R. 1430) to prohibit minutes. Mr. Speaker, we all care about the the Environmental Protection Agency The Chair recognizes the gentleman environment, but if policies are not from proposing, finalizing, or dissemi- from Texas. based on legitimate science, regula- tions will result in economic hardship nating regulations or assessments GENERAL LEAVE based upon science that is not trans- Mr. SMITH of Texas. Mr. Speaker, I with little or no environmental bene- parent or reproducible, and ask for its ask unanimous consent that all Mem- fits. In other words, the regulations immediate consideration. bers may have 5 legislative days within would be all pain and no gain. The Clerk read the title of the bill. which to revise and extend their re- This bill strengthens the previous The SPEAKER pro tempore. Pursu- marks and include extraneous material House-passed legislation of the last ant to House Resolution 229, the bill is on the bill, H.R. 1430. Congress, the Secret Science Reform considered read. The SPEAKER pro tempore. Is there Act. That bill also required the EPA to The text of the bill is as follows: objection to the request of the gen- base its decisions on information fully H.R. 1430 tleman from Texas? available to scientists and the Amer- ican people. Be it enacted by the Senate and House of Rep- There was no objection. resentatives of the United States of America in Mr. SMITH of Texas. Mr. Speaker, I You may hear from opponents of this Congress assembled, yield myself such time as I may con- legislation that it costs too much SECTION 1. SHORT TITLE. sume. money. That is based on a CBO esti- This Act may be cited as the ‘‘Honest and Mr. Speaker, H.R. 1430, the Honest mate from 2 years ago that misinter- Open New EPA Science Treatment Act of and Open New EPA Science Treatment prets the implementation requirements 2017’’ or the ‘‘HONEST Act’’. Act of 2017, or HONEST Act, requires of the bill. CBO has not reissued that SEC. 2. DATA TRANSPARENCY. the Environmental Protection Agency misinterpretation this year after con- Section 6(b) of the Environmental Re- to base its regulations on science that sulting with the EPA. search, Development, and Demonstration is publicly available. All the HONEST Act requires is that Authorization Act of 1978 (42 U.S.C. 4363 Why would anyone want to hide this the EPA use science that is publicly note) is amended to read as follows: information from the American people? available, not make all science public ‘‘(b)(1) The Administrator shall not pro- pose, finalize, or disseminate a covered ac- I thank former Science Committee itself. So the cost is negligible. tion unless all scientific and technical infor- member and former Environment Sub- Some critics may claim that it puts mation relied on to support such covered ac- committee Chairman DAVID personal data at risk. This is false. The tion is— SCHWEIKERT for his longtime commit- HONEST Act specifically requires

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.006 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2537 redactions of personally identifiable in- upon scientific studies that are inher- and science stakeholder groups have formation and confidential business in- ently not reproducible. expressed their opposition to this legis- formation. For instance, the EPA might study lation. This includes the American As- It is also misleading to assert that natural or manmade environmental sociation for the Advancement of the bill tells scientists how to conduct disasters, such as the Deepwater Hori- Science, the Association of Public and science. The opposite is true. The bill zon oil spill, to better understand the Land-grant Universities, the Associa- reinforces the scientific method and its effects on the environment and to im- tion of American Universities; and the tenets of observing, hypothesizing, prove disaster response. Under this bill, American Chemical Society. testing, gathering and sharing data, the EPA couldn’t use this type of infor- If Republicans don’t want to be la- and analyzing and challenging the re- mation at all. beled as flat-Earth science haters, I sulting theories. It allows independent These problems with the legislation think they would want to listen to researchers to evaluate the studies were apparently not enough for my Re- what scientists say instead of lecturing that the EPA uses to justify its regula- publican colleagues. They have worked them about things they don’t under- tions. hard to make the bill even worse this stand. The HONEST Act promotes sound Congress. The newest addition to the In reality, this bill isn’t about science and restores confidence in the bill would permit the EPA to redact science. It is about undermining public EPA decisionmaking process. from public disclosure confidential in- health and the environment. That is Finally, the HONEST Act ensures formation, such as trade secrets and why a host of public health and envi- that the EPA is not promoting a one- public health information. However, ronmental groups are actively opposing sided ideological agenda. The legisla- the bill then sets up an unrestricted the bill. This includes, among others, tion provides for the type of open and process whereby anyone who signs a the American Lung Association, the accountable government that the confidentiality agreement can access American Thoracic Society, the Amer- American people want and deserve. any restricted information in the ican Public Health Association, the You are either for an open and honest EPA’s possession. Union of Concerned Scientists, and the government, or you are not. If you are, This provision is a Pandora’s box, Environmental Defense Fund. then support this legislation. which could have untold consequences Mr. Speaker, I include in the RECORD Mr. Speaker, I reserve the balance of for the EPA, industry, and the general some of the letters I received in opposi- my time. public. First, the EPA will find it much tion. Ms. EDDIE BERNICE JOHNSON of more difficult to collect scientific data MARCH 27, 2017. Texas. Mr. Speaker, I yield myself such in the first instance if people think it DEAR REPRESENTATIVE: The undersigned time as I may consume. will be disclosed at will. This will crip- health and medical organizations are writing I rise in strong opposition to H.R. ple the EPA’s ability to conduct their to express our opposition to the EPA Science 1430, the so-called HONEST Act. This is own science, which is important since Advisory Board Reform Act of 2017 and the the third time the majority has tried the rest of the HONEST Act essentially Honest and Open New EPA Science Treat- to move this misguided legislation, ment Act of 2017. Our organizations are dedi- places all non-EPA science off limits. cated to saving lives and improving public which was formerly known as the Se- This provision is also in direct con- health. cret Science Reform Act. flict with any number of other Federal Science is the bedrock of sound medical Unfortunately, in this case, the third laws, like the Freedom of Information and public health decision-making. The best time is not the charm. The Secret Act, and HIPAA. The bill provides no science undergirds everything our organiza- Science bills that the Republicans guidance to the Agency on how to navi- tions do to improve health. Under the Clean tried to enact over the previous two gate the minefield it creates, which Air Act, EPA has long implemented a trans- Congresses were insidious bills de- will surely lead to a morass of lawsuits parent and open process for seeking advice signed, from the outset, to prevent the from the medical and scientific community and legal bills for the EPA. on standards and measures to meet those EPA from using the best available Finally, this provision places no re- standards. Both of these bills would restrict science to meet its obligations under strictions on who can access restricted the input of scientific experts in the review the law. Those bills were constructed information. For instance, could a of complex issues and add undue industry in- to hamstring the ability of the EPA to chemical manufacturer obtain access fluence into EPA’s decision-making process. do just about anything to protect the to the trade secrets of a competitor As written, the EPA Science Advisory American public. simply by signing a confidentiality Board Reform Act would make unneeded and As the American Lung Association agreement? Could insurance companies unproductive changes that would: said at the time: ‘‘The legislation will Restrict the ability of scientists to speak seek the health information of poten- on issues that include their own expertise; not improve EPA’s actions; rather, it tial customers? Block scientists who receive any EPA will stifle public health protections.’’ The potential for abuses with this grants from serving on the EPA Scientific The HONEST Act, if anything, is provision are endless. Advisory Board, despite their having the ex- even worse than those two previous In a day and age when the most valu- pertise and conducted relevant research that bills. There are several reasons for this. able commodity on the black market is earned them these highly competitive Like the prior Secret Science bills, the personal information and trade secrets, grants; HONEST Act requires the EPA to re- it is unconscionable that we are pro- Prevent the EPA Scientific Advisory Board from making policy recommendations, even lease the underlying data from any viding an easily accessible source for though EPA administrators have regularly science that is relied upon when taking criminals around the world. sought their advice in the past; action. This would cause a host of cas- Finally, the HONEST Act also foists Add a notice and comment component to cading problems for the Agency, which upon the EPA a massive unfunded all parts of the EPA Scientific Advisory is, of course, the real reason they are mandate. While we have no CBO cost Board actions, a burdensome and unneces- pushing this bill. estimate for this bill, prior versions sary requirement since their reviews of First, the EPA relies upon science were estimated to cost the EPA $250 major issues already include public notice drawn from many sources. Since EPA million per year. However, the bill re- and comment; and Reallocate membership requirements to does not own or control the data for stricts the EPA to spending only $1 increase the influence of industry represent- most of these scientific sources, the million to implement its provisions. In atives on the scientific advisory panels. EPA would have no authority to order essence, this hits the EPA with a $249 In short, EPA Science Advisory Board Re- the public release of such data. This million unfunded mandate every year. form Act would limit the voice of scientists, would preclude the EPA from using the If that were not bad enough, this bill restrict the ability of the Board to respond vast majority of peer-reviewed science comes in the face of massive proposed to important questions, and increase the in- in existence today. budget cuts to the EPA’s science pro- fluence of industry in shaping EPA policy. Second, under the HONEST Act, sci- gram by the Trump administration. This is not in the best interest of the Amer- ican public. entific studies relied upon by the EPA Mr. Speaker, Republicans claim that We also have concerns with the HONEST must be reproducible from the data this bill is just implementing Act. This legislation would limit the kinds of that is publicly released. However, the scientific’s best practices. It is odd, scientific data EPA can use as it develops EPA frequently investigates and relies then, that a host of scientific societies policy to protect the American public from

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.038 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2538 CONGRESSIONAL RECORD — HOUSE March 29, 2017 environmental exposures and permit viola- Of course, regulations and agency actions This is what the National Academy tion of patient confidentiality. If enacted, should be informed by the best available of Sciences said: ‘‘Nothing in the past the legislation would: science and a rigorous scientific process. Un- suggests that increasing access to re- Allow the EPA administrator to release dermining the integrity of the scientific search data without damage to privacy confidential patient information to third process, or the ability of federal agencies to parties, including industry; utilize rigorous science in establishing poli- and confidentiality rights is beyond Bolster industry’s flawed arguments to dis- cies, could have long-term negative con- scientific reach.’’ credit research that documents the adverse sequences. It is with this in mind that we So I hope that will alleviate her con- health effects of environmental pollution; urge caution in setting laws that submerge cerns. Really, it comes down to wheth- and science beneath politics. er you are for an open and honest gov- Impose new standards for the publication The research community is concerned that ernment or not. That is what this bill and distribution of scientific research that some key terms in the bill could be inter- is all about. go beyond the robust, existing requirements preted or misinterpreted, especially terms Mr. Speaker, I yield 2 minutes to the of many scientific journals. such as ‘‘materials,’’ ‘‘data,’’ and ‘‘reproduc- Science, developed by the respected men ible.’’ Legislation removing concepts like re- gentleman from Texas (Mr. BABIN), and women scientists at colleges and univer- producibility and independent analysis from who is the chairman of the Space Sub- sities across the United States, has always the hands of scientists and into the hands of committee of the Science, Space, and been the foundation of the nation’s environ- legislators could undermine the scientific Technology Committee. mental policy. EPA’s science-based decision- process and reduce the benefits that science b 1400 making process has saved lives and led to could bring to society. dramatic improvements in the quality of the With respect to reproducibility of research, Mr. BABIN. Mr. Speaker, I rise in air we breathe, the water we drink and the it is often impossible to repeat an experi- strong support of the HONEST Act. As earth we share. All Americans have benefited ment down to the last detail. Some scientific a cosponsor of this legislation and a from the research-based scientific advice research, especially in areas of public health, member of the Science, Space, and that scientists have provided to EPA. involve longitudinal studies that are so large Technology Committee, I am very Congress should adopt policy that fortifies and of great duration that they could not re- our scientists, not bills that undermine the alistically be repeated. Rather, these studies pleased to see this bill come to the scientific integrity of EPA’s decision-mak- are verified utilizing statistical modeling or House floor. ing or give polluters a disproportionate voice independent data analysis. The same may be I represent the congressional district in EPA’s policy-setting process. true for scientific data from a one-time with the highest concentration of pe- We strongly urge you to oppose these bills. event (e.g., Deepwater Horizon Gulf oil spill) trochemical, manufacturing, and refin- Sincerely, where the data are gathered in real time. It ing facilities than any other district in KATIE HUFFLING, RN, CNM, is unclear if data from studies like these the entire Nation. This means that Director, Alliance of would be permitted under this bill. As a re- thousands of my constituents have Nurses for Healthy sult, we could foresee a situation where the Environments. EPA would be prevented from using the best been or are currently employed by HAROLD P. WIMMER, available science and disseminating public these industries. In fact, years ago, I National President information in a timely fashion. spent some time as a worker in one of and CEO, American In addition, H.R. 1430 would give the EPA these very factories. Lung Association. administrator sole authority to disclose pri- With this in mind, you can under- GEORGES C. BENJAMIN, MD, vate information gathered in research stud- stand why pushing for reform, trans- Executive Director, ies, which might include confidential health parency, and accountability within the American Public and proprietary business information, to anyone who signs a confidentiality agree- EPA would be very important to me Health Association. because so many of my constituents’ STEPHEN C. CRANE, Ph.D., ment with the EPA. It is unclear whether MPH, the EPA has this authority, and very clear livelihoods are affected by costly and Executive Director, this would deter individuals and businesses burdensome regulations from the EPA. American Thoracic from participating in studies used by the My constituents want to make sure Society. EPA. This would again constrain the EPA that the EPA’s actions, particularly CARY SENNETT, MD, Ph.D., from making a proposal based on the best those based on secret science, do not FACP, available science. We thank you for your consideration and cost them their jobs or their livelihood. President & CEO, Time and again, the EPA has issued Asthma and Allergy stand ready to work with you to evaluate the unintended consequences of this bill before extensive regulations without ever Foundation of Amer- showing the science to back up their ica. consideration on the House floor. American Association for the Advance- PAUL BOGART, claims to justify these regulations. It ment of Science, American Association of Executive Director, is like they have a little black box over Geographers, American Chemical Society, Health Care Without there. They don’t let anyone else look American Geosciences Institute, American Harm. Geophysical Union, American Institute of into it, and they just say: Trust us, we RICHARD ALLEN WILLIAMS, Biological Sciences, American Meteorolog- have got good science backing up our MD, ical Society, American Society of Agron- claims. 117th President, Na- omy, American Sociological Association, As- I say, if your science is so good, then tional Medical Asso- sociation of American Universities, Associa- don’t hide it in your little black box. ciation. tion of Public and Land-grant Universities. Show us your data. JEFF CARTER, JD, Brown University, Consortium for Ocean Executive Director, The HONEST Act simply requires the Leadership, Crop Science Society of Amer- EPA to open their little black box to Physicians for Social ica, Duke University, Ecological Society of Responsibility. America, Harvard University, The National public scrutiny. After we pass the Postdoctoral Association, Soil Science Soci- HONEST Act, any regulations coming AMERICAN ASSOCIATION FOR THE ety of America, University of California Sys- from the EPA must be based on data ADVANCEMENT OF SCIENCE, tem, University of Maine, University of that is publicly available. What is so Washington, DC, March 28, 2017. Pennsylvania, University of Toledo. offensive about a little transparency? Hon. KEVIN MCCARTHY, Ms. EDDIE BERNICE JOHNSON of Most companies and businesses would House Majority Whip, be happy to comply with the EPA when Washington, DC. Texas. Mr. Speaker, for the many rea- DEAR REPRESENTATIVE MCCARTHY: As lead- sons I have spoken about today, I data shows that their regulations are ing U.S. science, engineering, and academic strongly oppose this legislation, and I backed up by clear evidence. But many institutions, we are writing to express our reserve the balance of my time. times, if not most of the time, this is concerns regarding H.R. 1430, the Honest and Mr. SMITH of Texas. Mr. Speaker, I not the case. Instead the regulations Open New EPA Science Treatment (HON- yield myself 30 seconds. are based on secret science that no one EST) Act of 2017. We encourage you and your Mr. Speaker, I would like to alleviate but the regulators themselves have ac- colleagues to take additional time to evalu- the ranking member’s unfounded con- cess to. ate the unintended consequences of this bill cerns and remind her that the National When the Federal Government issues before considering it on the House floor. This bill is virtually identical to the Secret Academy of Sciences itself has ex- regulations based on secret science, Science Reform Act of the 113th and 114th plained that transparency in science is this is yet another example of a Fed- Congress, on which we expressed similar con- possible without any risk to confiden- eral agency getting away with some- cerns that have remained unchanged. tiality or privacy. thing the rest of America cannot do.

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.012 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2539 American workers are fed up with over- bring accountability and transparency Critics of the HONEST Act claim zealous regulators pushing our jobs to the EPA. that requiring scientific data to be overseas. Ms. EDDIE BERNICE JOHNSON of public would compromise personal in- The SPEAKER pro tempore (Mr. Texas. Mr. Speaker, I yield 1 minute to formation. This is a false narrative. GRAVES of Louisiana). The time of the the gentlewoman from Minnesota (Ms. This legislation specifically protects gentleman has expired. MCCOLLUM). that information by way of redactions. Mr. SMITH of Texas. Mr. Speaker, I Ms. MCCOLLUM. Mr. Speaker, I rise It is not the interest of Congress or the yield an additional 2 minutes to the in opposition to H.R. 1430, which makes EPA to compromise anyone’s personal gentleman from Texas (Mr. BABIN). it harder for the Environmental Pro- data. Mr. BABIN. Mr. Speaker, this bill is tection Agency to do its job. Passage of the HONEST Act comes at about protecting American jobs and This bill would bring the EPA’s work a critical time for the EPA. Executive the American economy. to a halt, undermining protection of orders issued by President Trump re- In math class, we were taught to America’s health and safety. This leg- quire that the agency review and po- show our work; and when we didn’t, we islation interferes with the use of tentially revise a number of regula- got the problem counted wrong. This sound science and creates obstacles tions from the past administration bill is about transparency, account- that stop the EPA from enforcing the that were only partly based on science ability, and holding the government to law. and that were never made public to the the same standard that everyone else This bill is just one part of President American people. We want to avoid is. Trump and congressional Republicans’ similar situations moving forward, re- According to a poll by the Institute attacks on science and our environ- gardless of the administration. for Energy Research, 90 percent of ment. Shortly after the inauguration, I urge my colleagues to vote for this Americans believe that scientific data the Trump administration removed legislation to promote a more honest used to make government decisions taxpayer-funded scientific data from and open EPA. should be available to the public, to public websites. Now, that is not open, Ms. EDDIE BERNICE JOHNSON of the rest of us. That is nearly 100 per- that is not honest, and that is not fair Texas. Mr. Speaker, I yield 2 minutes cent. Not many issues in our current to the taxpayers. to the gentleman from Virginia (Mr. political environment enjoy that level This month, President Trump pro- BEYER), the vice ranking member of of support. But when it does, Congress posed dramatic budget cuts that would the full committee and ranking mem- should very well listen. make it impossible for the EPA to en- ber of the Science, Space, and Tech- The HONEST Act is a commonsense force clean air and clean water laws. nology’s Subcommittee on Oversight. legislation that I am proud to support. Yesterday, President Trump rescinded Mr. BEYER. Mr. Speaker, I have sev- I include in the RECORD this letter of the Clean Power Plan, paving the way eral objections to the legislation being support from the American Chemistry for more air pollution. considered today. As with the Secret Council. We cannot go backwards. I urge my Science Reform Act, the bill would se- AMERICAN CHEMISTRY COUNCIL, colleagues to reject this bill and other riously undercut the Environmental Washington, DC, March 28, 2017. Republican efforts to weaken the envi- Protection Agency’s ability to use Hon. LAMAR SMITH, ronmental protections. science to inform their work. Chairman, Committee on Science, Space, and We must put public health and sci- The bill would prohibit the EPA from Technology, House of Representatives, Washington, DC. entific integrity before polluters’ prof- using any scientific findings when the DEAR CHAIRMAN SMITH: On behalf of the its. EPA did not have total access to the American Chemistry Council (ACC), we want Mr. SMITH of Texas. Mr. Speaker, I underlying data. This would eliminate to thank you for introducing H.R. 1430, the yield 2 minutes to the gentleman from some of the best available science from ‘‘Honest and Open New EPA Science Treat- Indiana (Mr. BANKS), who is the vice being considered by the EPA. ment Act of 2017’’ (or the HONEST Act) to chairman of the Science, Space, and Let me be very clear, there is noth- help improve the science employed by the Technology’s Subcommittee on Envi- ing secret nor dishonest about relying U.S. Environmental Protection Agency on voluminous, peer-reviewed studies (EPA) in the Agency’s regulatory decision ronment. making processes. Mr. BANKS of Indiana. Mr. Speaker, published in the most credible sci- The proposed legislation would increase I thank Chairman SMITH for sponsoring entific journals in the world to make the transparency and public confidence in this legislation, the HONEST Act. public health decisions. the EPA’s scientific analyses. I believe that this bill will take a Equally problematic, the bill would Consistency and transparency are key to very important step toward improving force the EPA to grant full access to the regulatory certainty our industry needs the quality of science at the EPA. This any scientific data it does possess, in- to grow and create jobs. In some instances, is incredibly important because this cluding highly sensitive materials like EPA has fallen short of employing the high- est-quality, best-available science in their agency ensures that our air and water trade secrets and personal health his- regulatory decision making. are clean, which is something that all tories. Much has been made about the It is critical that the regulated community Americans want and deserve. ability of the EPA to redact this infor- and the public have confidence that deci- However, in recent years, the EPA mation, but there is a piece of legisla- sions reached by EPA are grounded in trans- has not been as transparent and forth- tion that says: By simply signing a parent and reproducible science, while ensur- coming with the scientific data that nondisclosure agreement at the discre- ing the protection of confidential business the agency has used as the basis for tion of the EPA administrator, you can information and competitive intelligence. By ensuring that the EPA utilizes high quality costly regulations. That is exactly have access to all of the nonredacted science and shares underlying data used to where the HONEST Act comes in. information. reach decisions, the HONEST Act can help By requiring the agency to base its We talk about the accountability of foster a regulatory environment that will regulations on publicly available the EPA. What is the accountability of allow the U.S. business of chemistry to con- science, scientists and the American violating a simple nondisclosure agree- tinue to develop safe, innovative products people will be able to examine the data ment? It becomes so easy for these pri- that Americans depend on in their everyday and pursue their own scientific inquiry vate health information trade secrets lives. if they wish, improving the scientific to be sold for a small fortune on the We commend you for your leadership and commitment to advance and improve EPA integrity of the EPA. black market. It certainly doesn’t science. We look forward to working with Transparency throughout all levels make sense to provide such an easy av- you and other bill sponsors to pass this im- of the Federal Government is an impor- enue to potential bad actors. portant piece of legislation. tant tenet of American democracy. I I would also like to object to the title Sincerely, strongly support all efforts to provide of the legislation and the implication CAL DOOLEY. the American people with more infor- that EPA employees and scientists are Mr. BABIN. Mr. Speaker, I applaud mation on how our government works. somehow not honest. Many of those the tireless work that Chairman This is most important when regula- folks live in Virginia, and, frankly, I LAMAR SMITH has done to bring this tions that impact American jobs and am tired of Members of Congress bad- legislation forward so that we can the economy are involved. mouthing my constituents. These are

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.041 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2540 CONGRESSIONAL RECORD — HOUSE March 29, 2017 hardworking public servants who have licly available to the American people Who can blame them? dedicated their lives to clean air, clean and independent scientists. The goal is No one wants their medical records water, and to our good health. And I to promote more accountability for shared with strangers, or worse, made want to reassure the many wonderful Washington, D.C., bureaucracies, such public. employees of the EPA that, in Con- as the EPA. The result is that the EPA will have gress, we do, in fact, appreciate your The bottom line is costly Federal to rely on incomplete science to issue good work on behalf of the American regulations should only be based upon lifesaving regulations. people. data that is comprised of sound science Sadly, Mr. Speaker, this bill is yet Lastly, much like the TrumpCare bill and that can withstand scrutiny and another example of the political cru- we almost considered last week, there review. sade against science that we are seeing is no CBO cost estimate. The chairman Simply put, the HONEST Act is a coming from both Congress and the mentions that he has asked the CBO to step in the right direction to restore new administration. use a different methodology. The last trust in the EPA and in Federal bu- We should be confronting the eco- one they said was going to cost us hun- reaucracies. nomic and environmental realities of dreds of millions of dollars to imple- Ms. EDDIE BERNICE JOHNSON of our changing climate. But just yester- ment. It is hard to imagine anything Texas. Mr. Speaker, I yield 4 minutes day, President Trump issued an execu- where the EPA has been required to to the gentlewoman from Connecticut tive order that would have us pretend fund or acquire data that is not going (Ms. ESTY). that climate change does not exist. to be unreasonably expensive relative Ms. ESTY. Mr. Speaker, I rise today Only weeks earlier, the EPA Admin- to anything before. in strong opposition to the so-called istrator himself said, without evidence, I urge my colleagues to vote ‘‘no.’’ HONEST Act. Whether in its incarna- that he disagreed with the scientific Mr. SMITH of Texas. Mr. Speaker, I tion last Congress as the Secret consensus that human activity is the yield myself 15 seconds. Science Act or in this year’s incarna- primary contributor to global climate Mr. Speaker, I don’t see how we can tion as the HONEST Act, let us be change. make it more clear to anybody who clear, this Orwellian-named bill is In my home State of Connecticut, we brings up the privacy arguments. If clearly designed to suppress certain are downwind from these power plants they go to lines 17 through 21 of page 2 scientific research that has been the that are burning dirty coal. We see ele- of the bill, it states: foundation for essential health and en- vated rates of asthma, higher rates of ‘‘ . . . any personally identifiable in- vironmental regulations. cardiopulmonary issues. If this bill is formation, trade secrets, or commer- In addition to hindering scientific ad- passed, many longitudinal, scientific cial or financial information obtained vancement, this bill risks violating studies like the ones that establish the from a person and privileged or con- people’s privacy by exposing sensitive link between air pollution and asthma, fidential, shall be redacted prior to patient data, and it is harmful to pub- would be excluded from playing a role public availability.’’ lic health. in the EPA’s actions. Any misconstruing of that is unfor- The clear aim of the HONEST Act is Mr. Speaker, let’s allow the EPA to tunate, and it is not an accurate de- to undermine EPA’s efforts to take ac- do its job. I urge my colleagues to op- scription of that provision. tion in a variety of areas, such as cli- pose this misguided bill. Mr. Speaker, I yield 2 minutes to the mate and air pollution. Mr. Speaker, I include in the RECORD gentleman from Illinois (Mr. LAHOOD), Let me also be clear, in my State of two letters in opposition from the who is also the chairman of the Connecticut, we rely on those regula- Union of Concerned Scientists and Science, Space, and Technology’s Sub- tions to deal with the asthma crisis we from the Environmental Defense Fund. committee on Oversight. have based on power plants in other UNION OF CONCERNED SCIENTISTS, Mr. LAHOOD. Mr. Speaker, I thank parts of the country blowing polluted March 9, 2017. Chairman LAMAR SMITH for yielding air into my State. DEAR REPRESENTATIVE: The Union of Con- time and for his leadership on this im- The so-called HONEST Act accom- cerned Scientists, with 500,000 members and portant issue. plishes this objective by excluding le- supporters throughout the country, strongly Mr. Speaker, my district in central gitimate, peer-reviewed research from opposes H.R. 1430, the misleadingly named Honest and Open New EPA Science Treat- and west central Illinois is home to the policy process. If this bill were to some of the most fertile farmland in ment Act (HONEST Act) of 2017. The pro- become law, EPA would have no choice posal shows that supporters of this legisla- the entire world. My district is the but to lean increasingly on industry- tion have a fundamental misunderstanding ninth largest congressional district in funded studies instead. of the process by which science operates and terms of corn and soybean production. At my recent townhall meeting in is ultimately a solution in search of a prob- With that said, farming families across Waterbury, Connecticut, one American lem. the 19 counties I represent are faced after another stood up and expressed This legislation would require that all raw every day with burdensome rules and their fear and outrage at the attempts data, models, code, and other materials from scientific studies be made available to the regulations created by the EPA with made in this House and by the new ad- little or no transparency into the data public before a federal agency could use it. ministration to take science out of But, the Environmental Protection Agency that influenced those regulations in public policy. (EPA) already is exhaustingly transparent the first place. My constituents want genuine sci- and the science it relies on to make decisions These rules and regulations have and entific research guiding our efforts to is made available to the public. continue to cause real-world con- protect our environment and safeguard The true intention of this bill is not to in- sequences to the agriculture commu- public health. They don’t want agenda- crease transparency in agency use of science nity. Moreover, these EPA directives driven studies funded by fossil fuel in policymaking, but rather to handcuff the have far greater reach outside the EPA from ever using critical information companies determining the EPA’s ac- necessary to follow through on statutorily realm of just farmers. tions on climate policy. Manufacturing and trade industries required rulemaking for popular legislation b 1415 like the Clean Air Act and the Clean Water in my district have also seen a direct Act. The additional restrictions imposed by negative impact from these agency ac- While the majority attempted to al- this proposed bill would make it almost im- tions. They have continued to hurt the leviate some of our privacy concerns possible to base public protections on the ability of these industries to create with this bill, the reality is that any best available scientific information. In par- jobs and economic opportunities in person whom EPA Administrator Scott ticular, if enacted, the language appears to central and west central Illinois. Pruitt deems worthy will have access indicate that the EPA would be inhibited by As such, I am here today in support to sensitive patient information. the following challenges: of the HONEST Act, which encourages Why is this a problem? The EPA wouldn’t be able to use most health studies. It should be expected that a more open and transparent Federal Because fewer people will be willing any agency tasked with protecting public Government. It requires data and stud- to participate in the studies that are health should be able to use public health ies used by Federal agencies in the necessary to understand air and water data. The confidentiality of such data is usu- rulemaking process to be made pub- quality issues. ally protected by institutional review boards

VerDate Sep 11 2014 01:18 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.042 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2541 (IRB) to insure the privacy of the partici- using science to enact safeguards, this legis- produced (e.g., a study that examines the im- pants; thus, the data could not be made pub- lation could cripple the agency. pacts on intelligence at childhood from envi- licly available as demanded. Since many I strongly urge you to oppose H R. 1430, the ronmental exposures that occurred in utero). EPA rules are health-based standards, this so-called HONEST Act. The only honest Furthermore, even if, say, a longitudinal rule would severely restrict the ability of the thing about this legislation is that it truly study that follows a cohort of individuals agency to base rules on science. opens the window into the real intentions of over 20 years could in principle be repro- The EPA wouldn’t be able to draw from in- the supporters of the bill, and that is to stop duced, there are practical and ethical rea- dustry data sources. The agency would be the EPA from fulfilling its science-based sons why it couldn’t or shouldn’t be. The prevented from using data provided by indus- mission to protect public health and the en- same goes for a long-term environmental try to the agency. Since information from vironment. H.R. 1430 is a wolf in sheep’s monitoring study, or data collected from a industry sources is often not publicly avail- clothing, purporting to increase public ac- one-time event like the Deepwater Horizon able, to protect proprietary data from their cessibility to data used in rulemaking, while Spill. competitors, a law requiring as such would actually crippling the EPA’s ability to use The Congressional Budget Office (CBO) has prevent the agency from utilizing industry the best available scientific and technical in- found that previous iterations of this legisla- data, a source of information that often pro- formation to protect public health and the tion would impede the number of studies the vides otherwise unknown data to inform environment. EPA can rely on—by their estimate, reduc- EPA rulemaking. Agencies protecting our public health ing the number of studies by half. Restrict- The EPA wouldn’t be able to use new and should be able to use public health data and ing EPA to just some of the existing sci- innovative science. New scientific methods attempts to undermine agencies shouldn’t be entific literature will prevent the agency and data may be restricted by intellectual cloaked in false transparency. This Trojan- from using the latest and most accurate property protections or industry trade secret horse transparency bill would inhibit the science when developing regulations. More- exemptions. This bill doesn’t include protec- EPA’s ability to carry out its science-based over, the tremendous resource burden of tions for intellectual property, and it makes mission to protect human health and the en- making data publicly available (CBO’s cen- industry trade secrets available upon request vironment. It does not deserve your support. tral estimate was $250 million a year) would to anyone who signs an agreement. If re- Sincerely, create a strong incentive to reduce the searchers and industry knew that sharing ANDREW A. ROSENBERG, amount of scientific data and analysis con- their science with the EPA meant that their PH.D., sidered as part of decision-making. The net intellectual property would be exposed to the Director, Center for effect would be to undermine EPA’s ability world, they might opt out. This would limit Science and Democ- to rely on the best available science and un- EPA’s ability to rely on the best available racy, Union of Con- necessarily put the public at greater envi- science including novel approaches that may cerned Scientists. ronmental and health risk. not yet be publicly available. Similarly, the EPA Science Advisory Board Reform Act of 2017 undermines sci- Long-term and meta-analyses would be un- EDF ACTION, available. Many of the public health and March 8, 2017. entific integrity of the EPA. Contrary to longstanding practice, the bill allows indi- safety issues facing the nation cannot be Hon. LAMAR SMITH, measured within a small timeframe. The Chairman, Committee on Science, Space, and viduals with financial conflicts of interest to EPA needs long-term exposure studies that Technology, Washington, DC. serve on the EPA Science Advisory Board (SAB) so long as those conflicts are dis- assess the link between chronic diseases/ Hon. EDDIE BERNICE JOHNSON, mortality and pollutants; or on meta-anal- Ranking Member, Committee on Science, Space, closed. This would permit an infusion of spe- yses that include many different studies and and Technology, Washington, DC. cial corporate interest into what should re- locations to provide a more robust look at DEAR CHAIRMAN SMITH AND RANKING MEM- main an objective scientific review of EPA the science. In H.R. 1430, the provision that BER JOHNSON: The Environmental Defense work products. Incredibly, at the same time, the bill studies be conducted ‘‘in a manner that is Action Fund strongly opposes the ‘‘Honest makes it more difficult for academic experts sufficient for independent analysis and sub- and Open New EPA Science Treatment to participate on the SAB. The bill considers stantial reproduction of research’’ may pre- (HONEST) Act of 2017’’ and the ‘‘EPA an expert’s research on a topic covered by vent use of these vital studies by the EPA, as Science Advisory Board Reform Act of 2017’’. it is unclear whether such spatially and tem- Despite their benign-sounding titles, these the Board to be a conflict of interest, when porally comprehensive studies would be con- bills would have devastating effects on pub- in fact the academic’s expertise would make sidered ‘‘sufficient for substantial reproduc- lic health and the Environmental Protection them more, not less, valuable. In addition, tion.’’ Agency’s (EPA) ability to consider and use receipt of EPA research grants and con- The CBO estimates exorbitant costs. The sound science. tracts, standard for universities, would be attempt to implement this law would also The HONEST Act, a rebranded version of construed to constitute a conflict of interest make the EPA process much more costly. the ‘‘Secret Science Reform Act’’ from prior for a scientist or expert. And a SAB member For past iterations of this legislation, the sessions of Congress, is framed as a measure would be precluded from accepting any such CBO has estimated it may take up to $250 to increase transparency by requiring that grant or contract for three years after serv- million annually for the EPA simply to com- EPA only use studies that are publicly avail- ing on the board which may deter qualified ply, and that doesn’t even account for the able online and replicable. Yet, as testimony experts from serving on the SAB. lost benefits from delaying the protections before your Committee has made clear, these The ‘‘Honest and Open New EPA Science themselves. Compounded with the cuts to requirements would in many cases prevent Treatment (HONEST) Act of 2017’’ and the EPA’s budget that are being proposed, this the EPA from using the best available ‘‘EPA Science Advisory Board Reform Act of would just further prevent the agency from science for public health decision-making. 2017’’ would block the use of sound science by being able to do its job. Many epidemiological studies—for example EPA in developing public safeguards. For H.R. 1430 makes a token attempt to ad- a study on the causes of breast cancer—rely these reasons, EDF Action strongly opposes dress some of the criticisms about privacy on health data that are legally confidential. these bills. concerns for personal medical information This legislation suggests that EPA will be Sincerely, and trade secrets. But in practice, the chal- given the authority to disclose confidential ELIZABETH B. THOMPSON, lenge of identifying and redacting all pro- medical information on breast cancer pa- President, Environmental Defense tected and privileged information sets up a tients to anyone willing to sign a confiden- Action Fund. series of hurdles and complications that will tiality agreement. EPA would also be re- Mr. SMITH of Texas. Mr. Speaker, I deter agencies from using the best scientific sponsible for identifying and redacting any yield myself 30 seconds. analysis to inform their work. information that should not be made broadly Mr. Speaker, it is hard to keep up Small, cosmetic tweaks do not change the publicly available in the first place. Not only with all the misstatements about this fact that this bill is based on a flawed is this not an appropriate role for EPA, it bill, but I am going to try. The imme- premise and that the authors of the legisla- could severely restrict both the number of diate past speaker on the other side tion do not understand the scientific process. studies EPA can use and the willingness of Furthermore, the burden imposed on the participants to be part of vital health stud- talked about the cost of the bill; and I EPA to redact documents would ultimately ies. am sure he didn’t do it intentionally, place limits on the amount of actual sci- In addition, the Act’s requirements for but he was using a 2-year-out-of-date entific work the EPA can do. The EPA does replicability mean that critical longitudinal cost. not exist in a world of infinite resources. studies that follow health outcomes of indi- We have an email from the CBO as of When this bill was introduced in the 114th viduals or groups over years, even decades, this past Monday that says the CBO es- Congress as the ‘‘Secret Science Reform could not be used because— timates this legislation would not af- Act,’’ it received a veto threat from the (1) they are inherently not replicable (e.g., fect direct spending or revenues, so Obama administration, which noted that it a study that follows health outcomes of first would ‘‘interfere’’ with the EPA’s ability to responders following a single event such as there is no cost, despite what Members protect public health, safety, and the envi- the tragic 9/11 attack); or might hear otherwise. ronment. The worry is that now, with an ad- (2) where they are replicable, it would take Also, it is just hard for me to under- ministration that has shown zero interest in years to show that the results could be re- stand how any Member of Congress

VerDate Sep 11 2014 03:48 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.015 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2542 CONGRESSIONAL RECORD — HOUSE March 29, 2017 could oppose open and honest govern- Two others that I include in the process that often requires the work of an ment. All this bill does is to say that RECORD, the copies that I hold in my entire office. The EPA’s limited resources, the data has to be transparent, the hand, in opposition, have been received rather than being spent fulfilling its mission from the Consortium for Ocean Leader- ‘‘to protect human health and the environ- data has to be publicly available. ment’’ would instead be spent redacting, po- If they want more government con- ship, and the other from the Environ- tentially hundreds of thousands of docu- trol, more environmental regulations mental Data and Governance Initia- ments. Conversely, the bill does not define that can’t be justified, that is one tive. who would make this information publicly thing; but don’t oppose the bill for the CONSORTIUM FOR available online (and make appropriate wrong reasons. The bill does nothing OCEAN LEADERSHIP, redactions) if the EPA were relying on a pub- more than require open, transparent, Washington, DC, March 27, 2017. lished, peer-reviewed study performed by an- and honest government. Hon. PAUL RYAN, other entity, such as an academic research institution. This would potentially impose Mr. Speaker, I yield 2 minutes to the Speaker of the House, Washington, DC. unexpected costs on the institution. gentleman from Arizona (Mr. GOSAR), DEAR SPEAKER RYAN: On behalf of the Con- Rather than improving the quality of who is a member of the Natural Re- sortium for Ocean Leadership, which rep- science used by the agency, this bill would sources Committee. resents our nation’s leading ocean research instead limit the amount of ‘‘best available Mr. GOSAR. Mr. Speaker, I rise and technology institutions (from academia, science’’ available for decision-making and today in support of H.R. 1430, the HON- industry, and aquaria), I am writing to ex- would require significant time and man- EST Act, sponsored by the chairman of press concern regarding the Honest and Open power. Such an impact would threaten the health, not only of our nation, but of our the Science, Space, and Technology New EPA Science Treatment (HONEST) Act of 2017 (H.R. 1430). Sound science must under- country’s citizens who rely on the EPA to Committee, Chairman LAMAR SMITH. pin the rulemaking process at all our na- protect their well-being. The unintended Let’s all go back to the fifth grade, tion’s federal agencies, the Environmental consequences from this bill are myriad, and where we learned about the steps of the Protection Agency included. I am concerned the ocean science and technology commu- scientific method and do a quick re- about the practical implications of this bill nity stands ready to help you evaluate them view. and what it means, not only for the rule- before considering this legislation on the After we formulated our question and making process, but for the health, security, House floor. came up with our hypothesis, what did and prosperity of our nation and its citizens. Respectfully, While I ardently support efforts to ensure JONATHAN W. WHITE, we do? RADM (Ret.), USN, We tested that hypothesis by per- the continued use of sound science, I urge you and your colleagues to consider unin- President and CEO, forming an experiment and collecting tended consequences of this bill before bring- Consortium for the data in a reproducible manner. ing it to the House floor. Ocean Leadership. Data isn’t reproducible if it isn’t While reproducibility is a fundamental as- even made available. Now, Mr. Speak- sumption of science, that should not be ENVIRONMENTAL DATA er, transparency and reproducibility conflated with the idea that all non-repro- & GOVERNANCE INITIATIVE, are basic tenets of science that every ducible science is incorrect. There are many March 27, 2017. cases where reproducibility is simply not DEAR REPRESENTATIVE: The Environmental elementary school student learns and possible, but that does not negate the impor- Data & Governance Initiative (EDGI) has values. Yet our very own Environ- tance of the conclusions that have been analyzed the potential effects of the Honest mental Protection Agency has issued reached. In 1994, the comet Shoemaker-Levy and Open New EPA Science Treatment Act regulation after regulation using stud- collided with our celestial neighbor Jupiter, of 2017 (H.R. 1430) and determined that the ies and data that are not available for providing a first-hand look at cosmic colli- bill would obstruct the EPA’s use of sci- public review, despite the very serious sions and insight on both the comet and the entific studies in essential agency work. ramifications of that very data. planet. The devastating Deepwater Horizon EDGI is an organization comprised of non- In 2012, President Obama’s own chair disaster in the Gulf of Mexico has provided profit employees and academics that pro- untold insights into everything ranging from motes open and accessible government data of the Science Advisory Board testified ecosystem responses to oil to impacts on and information along with evidence-based ‘‘that literature and data used by the communities’ physical and mental health. policy making. As researchers invested in ro- EPA be peer-reviewed and made avail- Because studies stemming from these one- bust environmental data governance, EDGI able to the public.’’ time incidents are not reproducible, it does members are concerned that this legislation This is common sense, Mr. Speaker: not mean that their methodology and results would force the EPA to make determinations let’s make public policy using public are flawed. Additionally, longitudinal stud- without certain categories of crucial evi- data and use public data for public pol- ies, especially in the public health arena, are dence-based research it needs to make the icy. often too large and take so much time (e.g., best decisions for the health and welfare of a study following a cohort for multiple dec- the public and the environment. Mr. Speaker, I thank the chairman ades) that they could not realistically be re- H.R. 1430 is just the latest iteration of the for leading this initiative. produced but are instead replicated through proposed Secret Science Reform Acts of 2014 Ms. EDDIE BERNICE JOHNSON of statistical modeling. Under the current lan- and 2015. These bills would have prevented Texas. Mr. Speaker, I yield 3 minutes guage of the HONEST Act, similar studies the EPA from relying on a large number of to the gentleman from New York (Mr. within EPA’s purview would be excluded validated and pivotal scientific studies in its TONKO). from the agency’s use, potentially keeping decision-making processes. Similarly, in its Mr. TONKO. Mr. Speaker, I rise the agency from making a proposal or dis- words, H.R. 1430 would ‘‘prohibit the Envi- today in opposition to H.R. 1430, the seminating information and limiting the ronmental Protection Agency from pro- posing, finalizing, or disseminating regula- Honest and Open New EPA Science amount of good science from which the EPA can makes decisions. tions or assessments based upon science that Treatment Act. The bill also requires scientific and tech- is not transparent or reproducible.’’ Pro- I have serious concerns with this bill nical information used to make federal regu- ponents claim that H.R. 1430 would improve that the majority has offered. This bill lations be posted online. While the language transparency in scientific decision-making pretends to improve scientific integ- specifies that personally identifiable infor- and public data accessibility, efforts that rity and transparency while, in reality, mation used in these studies be redacted (un- EDGI supports. However, as EDGI’s analysis they would stop the EPA from doing like in the bill’s predecessor, the Secret shows, H.R. 1430 instead places important its critical job, its critical mission of Science Reform Act), the HONEST Act goes validated science off limits to the EPA. on to state that personal information could The data access requirements in H.R. 1430 protecting the American people. be disclosed to anyone who signs a confiden- would obstruct public protections critical to Many credible organizations have op- tiality agreement with the administrator. If human safety and health. Any studies that posed the HONEST Act, including the federal regulations are made that impact a utilize confidential medical records—includ- American Association for the Advance- specific industry, the same industry could ing many human health studies—would be ment of Science, Union of Concerned access the personal records of those who par- nearly impossible for the EPA to use because Scientists, American Institute of Bio- ticipated in the study. Knowing that their personally identifiable medical data cannot logical Sciences, American Lung Asso- personal information could be made acces- be released to the general public. For in- ciation, American Public Health Asso- sible to anyone would likely reduce the num- stance, the EPA would not be able to use epi- demiological studies that are critical for ciation, the League of Conservation ber of willing participants in such a study, again limiting the best science available to linking exposure to toxics with certain types Voters, Natural Resources Defense the agency. of diseases in the creation of standards that Council, and the Environmental De- Additionally, redacting information from ensure our safe drinking water and healthy fense Action Fund. documents is a costly and time-consuming air.

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.045 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2543 Additionally, the proposed legislation ment. The EPA cannot issue confidentiality protect the scientific process from po- would bar studies that cannot be reproduced agreements on behalf of third party re- litical interference, which is why I re- from use by the EPA. Blocking the EPA searchers, so H.R. 1430 would inhibit the cently introduced the Scientific Integ- from using studies that are hard to repro- EPA’s ability to use many important sci- rity Act, which will require our United duce impedes the EPA’s ability to protect entific studies despite this confidentiality the public from future health hazards. Some agreement provision. States Federal agencies to adopt or of the nation’s best evidence of public health Further, H.R. 1430 limits the EPA to spend- strengthen policies to insulate govern- risks comes from long-term analyses, assess- ing only $1 million a year to comply with ment-directed research from the influ- ments of chronic effects of exposure to toxic these new requirements, yet the CBO esti- ence of political pressure and special substances, studies based on natural and mated that past versions of this legislation interests. human-caused catastrophes, and other stud- would have cost the EPA up to $250 million Under the Scientific Integrity Act, ies that we cannot reproduce. annually to implement the data access pro- Federal agencies that conduct or fund Specific examples of current protections visions required in the bill. The added obli- and programs that would have been difficult, gations specified in this legislation, coupled scientific research would be required to if not impossible, for the EPA to issue had with a lack of adequate funding to imple- develop clear, written scientific integ- H.R. 1430 been in place include: ment the law, would prevent the EPA from rity policies that can guarantee re- Standards that protect children from lead- fulfilling its hazard prevention and environ- search is being done and published based paint hazards in their homes and mental safety protection responsibilities. without undue influence, censorship, or schools. The EPA creates standards that pro- Agencies tasked with protecting human distortion. tect children from the adverse neurological health must be able to rely on all available Scientific and technological informa- effects of exposure to lead in paint, dust, and scientific data. Currently, the EPA goes to tion would be able to flow more easily soil. The agency bases these lead protections great lengths to ensure that all of the data it on long-term studies of children who have relies on is thoroughly reviewed and acces- while protecting privacy, confiden- suffered lead exposure in the past. Because sible. The EPA uses several processes to en- tiality, and our national security. EPA regulations have effectively reduced sure quality and relevance of data, such as Twenty-four separate Federal agencies lead exposure in children, reproducing these internal and external peer review and review have developed scientific integrity long-term epidemiological studies would be by scientific advisory boards. policies to date. This legislation would nearly impossible, as the cohort of study When the EPA is prohibited from utilizing also codify and strengthen these poli- subjects no longer exists. Prohibiting the the most optimal data, it puts the health cies within a common framework. EPA from using historical reports like these and safety of citizens at risk. Protecting safe Every Democrat on the Science, would make continuing regulation of lead drinking water and healthy air depends on much harder. the EPA’s ability to incorporate the best Space, and Technology Committee has Safeguards that protect people from expo- available evidence from all scientific fields supported the Scientific Integrity Act, sure to radioactive contaminants in drinking of study into its risk assessments and regu- and I invite all of my colleagues across water. The EPA’s standards for the permis- lation drafting processes. EDGI’s analysis the aisle to join us in working to truly sible quantity of certain radionuclides, such and research shows that the passage of H.R. protect scientific integrity. as uranium, found in drinking water are 1430 would block the EPA from using the I urge a ‘‘no’’ vote on the so-called based on data from radiation exposure stud- data it needs to fulfill its mission of pro- HONEST Act. ies that use confidential patient information tecting public health and the environment. Mr. SMITH of Texas. Mr. Speaker, I from a cohort of Hiroshima and Nagasaki Sincerely, yield myself 1 minute. atomic bomb survivors, which could not be SARAH LAMDAN, used under this bill. Long-term epidemiolog- Director of Legal Re- Mr. Speaker, we have heard a couple ical studies conducted on this cohort are also search, Environ- of times today that the bill prevents unreproducible, rendering these studies, and mental Data Govern- the EPA from using the best available others like them, nearly impossible for the ance Initiative; As- science. EPA to use under H.R. 1430’s provisions. sociate Law Library I hope that Members who are listen- Measures that improve safety at industrial Professor, CUNY ing to this debate, and others, will take facilities and protect and assist first re- School of Law. sponders and emergency authorities during the time to actually look at the lan- ON BEHALF OF THE EDGI STEERING COMMITTEE: accidents. The EPA improved its risk man- guage of the bill. Here is the exact lan- Andrew Bergman, Ph.D. Candidate, Ap- agement regulations following several cata- guage, page 2, line 13. The first require- plied Physics, Harvard University; Phil strophic events involving chemical plants, ment of the bill is that the EPA ‘‘use Brown, Ph.D., Sociology, University Distin- including an explosion at the West Fertilizer guished Professor of Sociology and Health the best available science.’’ I don’t Company facility in Texas that killed 14 peo- Sciences, Northeastern University; Lindsey know what more we can do and how ple, ten of them first responders. The studies Dillon, Ph.D., Geography, Assistant Pro- better we can spell it out. that result from chemical explosions like fessor of Sociology, University of California, The bill is only a little over three these cannot be reproduced and would not be Santa Cruz; Gretchen Gehrke, Ph.D., Geo- available for the EPA’s use under H.R. 1430, pages long. I really do recommend that chemistry, Data and Advocacy Steward, preventing the agency from properly pro- the folks who oppose it read the bill Public Lab; Rebecca Lave, Ph.D., Geography, tecting first responders and the public from itself and actually look at the language Associate Professor of Geography, Indiana future chemical disasters. and the usual understanding and defi- Plans that ensure best practices in clean- University. Michelle Murphy, Ph.D., History of nition of the words, and I hope they ing up major oil spills and other hazardous Science, Professor of History, Director of the will be satisfied. waste spills that affect wildlife health and Technoscience Research Unit, University of We have also heard that the sci- habitats. After the Exxon Valdez oil tanker Toronto; Nicholas Shapiro, Ph.D., Medical entific community opposes the bill, but ran aground in Alaska’s Prince William Anthropology, Matter and Materials Fellow, Sound on March 24, 1989, the EPA developed let me quote from a couple of Obama Chemical Heritage Foundation, Open Air a restoration program to clean up the 11 mil- administration officials. Dr. John Fellow, Public Lab; Christopher Sellers, lion gallons of oil that had spilled into the Holdren, the President’s science ad- Ph.D., History; M.D., Professor of History, Sound and affected over 1,000 miles of shore- viser, said that: ‘‘Absolutely, the data Stony Brook University; Sara Wylie, Ph.D., line. This cleanup program would have been History, Anthropology, and Science Tech- on which regulatory decisions are impossible without field studies of Prince nology and Society Program, Assistant Pro- based should be made available to the William Sound and other historical oil spills. fessor of Health Science and Sociology, committee and should be made public.’’ Given the large scale of these catastrophic Northeastern University. The same was said by the chair of the spills, these studies cannot be reproduced and thus would be barred from use by the Mr. TONKO. The Union of Concerned EPA’s Science Advisory Board. This is EPA by H.R. 1430. Scientists has recently said that ‘‘the the EPA’s Science Advisory Board. The EPA would be hampered from imple- bill effectively prevents the EPA from They testified before the committee menting these vital protections and pro- using the weight of scientific evidence that literature and data used by the grams under H.R. 1430. While the bill con- to protect public health and the envi- EPA be made available to the public. tains a provision that pretends to skirt some Mr. Speaker, I yield 2 minutes to the of these legal obstacles by only divulging ronment.’’ gentleman from Kansas (Mr. MAR- protected materials to people who sign con- They go on to say ‘‘this doesn’t make SHALL), who is the vice chairman of the fidentiality agreements, this provision is il- sense.’’ lusory because medical data, trade secrets, I agree. This doesn’t make any sense. Oversight Subcommittee. and other privacy-protected data cannot be Instead, I hope that, as a Congress, Mr. MARSHALL. Mr. Speaker, I rise released to the general public, regardless of we can turn our attention to truly pro- today as a member of the Committee whether they sign a confidentiality agree- tecting scientific integrity. We must on Science, Space, and Technology, to

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.019 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2544 CONGRESSIONAL RECORD — HOUSE March 29, 2017 voice my support of the HONEST Act. way. The fact is, investing in clean en- imperative that the SAB comprise the most This legislation gives independent sci- ergy and reducing emissions is good for expert, independent scientists and technical entists a fair chance to validate the our national security, good for our en- advisors to best fulfill that mission. AGU looks forward to working with you on studies EPA uses to make regulations. vironment, and good for jobs. these critical issues in the future. As someone who has made a career in I believe we can do both—improve With best wishes, science, I know that determining any- our energy independence and create LEXI SHULTZ, thing less is unwise and unscientific. good-paying jobs—at the same time. Director of Public Affairs, Whether you are studying a new on- Colorado has been a leader in reducing American Geophysical Union. cology drug or EPA regulations, trans- harmful emissions, improving energy Mr. SMITH of Texas. Mr. Speaker, I parency and the ability to reproduce efficiency, and investing in clean en- yield myself 30 seconds. and share these findings are some of ergy, and we have realized substantial Mr. Speaker, I know the gentleman the basic tenets of science. Costly regu- economic benefits for Colorado through from Colorado attended the hearing we lations that impact American citizens innovation, research and development, had this morning on the scientific and Kansas farmers should be based and the creation of good-paying jobs. method and climate change, but I am upon data that is available to inde- Mr. Speaker, we need to do better. not sure he was listening, because not pendent scientists and the public. This House and the Science, Space, and a single witness on either side denied Let’s continue to be a voice for the Technology Committee need to take the facts around climate change. people with sound, transparent, sci- their heads out of the sand and stop ig- I also want to reassure him—he is entific regulatory policy. noring what is going on across the worried about Colorado, and I under- Ms. EDDIE BERNICE JOHNSON of country and across the world. stand that—that the Intergovern- Texas. Mr. Speaker, I yield 3 minutes I urge all my colleagues to oppose mental Panel on Climate Change found to the gentleman from Colorado (Mr. this bill. that there was low confidence in any PERLMUTTER). Mr. Speaker, I include in the RECORD connection between climate change Mr. PERLMUTTER. Mr. Speaker, I a letter dated March 8, 2017, from the and extreme weather events. So I hope thank the ranking member and my American Geophysical Union. there will not be any unusual extreme friend, the chairman of the committee. AMERICAN GEOPHYSICAL UNION, weather events in Colorado. We often agree on things in the March 8, 2017. Mr. Speaker, I yield 3 minutes to the Science, Space, and Technology Com- Hon. LAMAR SMITH, gentleman from California (Mr. mittee, but there are times when our Washington, DC. LAMALFA), a member of the Natural disagreements are huge, and this is one Hon. EDDIE BERNICE JOHNSON, Resources Committee and the Agri- of those times. Washington, DC. DEAR CHAIRMAN SMITH AND RANKING MEM- culture Committee. So, Mr. Speaker, I rise today to op- Mr. LAMALFA. Mr. Speaker, I thank pose H.R. 1430. We have seen this bill in BER JOHNSON: On behalf of the American Geophysical Union (AGU) and its more than Chairman SMITH for yielding time here the last Congress, when it was called 60,000 members, I am writing to express con- today, as these issues affect my con- the Secret Science Reform Act. It was cerns about the Honest and Open New EPA stituents in northern California as a lousy bill then, and it is still a lousy Science Treatment Act of 2017 (HONEST well. So being here to support H.R. bill today. Act) and the EPA Science Advisory Board 1430, the HONEST Act, really pleases Let’s start with the name of this bill, Reform Act of 2017. We encourage you and me because we haven’t had a lot of Mr. Speaker, the HONEST Act, but it your colleagues to take additional time to evaluate the unintended consequences of honesty the way the EPA has applied really should be called the dishonest new interpretations of new rules to act. That is because this bill improp- these bills before the bills move forward. Although we appreciate the HONEST Act’s some of the folks in my district here, erly describes what is going on at the protections for confidential information, we that farm and ranch and other activi- EPA, which is looking to protect our remain concerned about several provisions in ties that use their resources and their environment from extreme weather the bill. For example, requirements in the land in the way they see fit. events that we have in Colorado, bill for the use of ‘‘best available science,’’ We need to ensure that the EPA rules throughout the country, and around ‘‘data,’’ and ‘‘reproducible’’ do not have uni- and regulations are made using the world. form applications across all disciplines. With respect to reproducibility of research, verifiable, publicly available data and The EPA is working to protect our science. clean air and our clean water, and has some scientific research involves longitu- dinal studies that are so large and of great b 1430 demonstrably improved our commu- duration that they could not realistically be nities and the health of America since reproduced. The same may be true for sci- A fundamental tenet of our Nation is 1970. entific data from a one-time event (e.g., that citizens have the right to know I wish I could say these attacks Deepwater Horizon Gulf oil spill) where the how and why the government makes today and tomorrow on the EPA and data is gathered in real time. We’re con- decisions and, just as importantly, scientific research are isolated, but un- cerned that in these situations the EPA have the ability to challenge those de- fortunately they are not. Earlier could be constrained from using important cisions. However, we have seen an in- today, the Science, Space, and Tech- or relevant research in making decisions. creasing tendency of Federal agencies nology Committee held a hearing on The legislation could also impose costs on recipients of federal research grants where to refuse to disclose the data they have climate science. I was astonished at the research results are expected to be ‘‘re- based decisions on, claiming it is too what I heard from the majority Repub- lied on to support a covered action.’’ The bill sensitive to share. Really, now. lican Party calling into question is not clear on whether it is the EPA’s or the For example, the Obama administra- whether climate change is happening, research institution’s responsibility to cover tion’s waters of the U.S. rule, which and whether it is caused by humans. the costs associated with sharing and would have inserted the Federal Gov- All this serves is to attack scientific archiving this information. ernment into local land use decisions research and jeopardize the progress we We are also troubled by the implications of across the Nation, directly conflicts the EPA Science Advisory Board Reform have made to combat climate change Act. As an organization that represents sci- with publicly available data prepared and protect our communities. entists from broad backgrounds and exper- by the Army Corps of Engineers, yet Just yesterday, President Trump tise, we appreciate the attempt to ensure a the EPA refused to release data it issued an executive order to further diverse panel of scientific knowledge and claimed supported its conclusion. roll back progress that we have made perspectives, and support the bill’s goal of Farmers, in some cases, cannot even over the last 8 years. The executive increasing accountability and transparency use their land under the threat of liti- order tries to dismantle the Clean for scientific advisors. However, because the gation, fines, or even arrest. Even the Power Plan and many other important bill would exclude some scientists with sub- Army Corps of Engineers disputes the protections from the Obama adminis- stantial expertise in their fields from the EPA’s refusal, noting, in 2015, that Science Advisory Board (SAB), the SAB tration which were worked on based on would suffer from the exclusion of valuable EPA provided no scientific basis for its the best available science and through insight. The purpose of the SAB is to review jurisdictional power grab. an open and deliberate process, gath- the quality and robustness of scientific data Under waters of the United States, ering millions of comments along the that informs EPA’s regulatory process. It is we have heard interpretations that

VerDate Sep 11 2014 03:48 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.046 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2545 people plowing their fields could be in- Mesa. So it is imperative that the citi- that science to understand the basis. terpreted now as a regulatable land be- zens of this country be able to see the Because, Mr. Speaker, if you begin hid- cause that could be seen as a watershed data that underpin these rules. What is ing the basis for decisions, then you because you now have furrows that are even more important is that the sci- have government, in many cases, act- new watersheds. entific community be able to scrutinize ing without providing for trans- This is the kind of thing that needs EPA data to ensure that the Agency is parency, without being able to be held to be heard publicly in review of Con- using the best available science, re- accountable. That is dangerous to have gress and the people, not made in a gardless of the administration. people making decisions based upon se- back room of the EPA somewhere. Critics of the HONEST Act claim cret information. That is not an honest way of doing that scientific data underpinning That is dangerous for our economy, business. That is why H.R. 1430 is an EPA’s regulations are already subject and it is going to further challenge the honest way to bring them back to the to the standards of peer review. While ability of Americans to keep their accountability we need to have so peo- this may be true, peer review of sci- budgets balanced. It is already $15,000 ple can have their day and have a right entific studies is not adequate because per household. How many thousands to dispute nonscience-led decisions this process seldom involves a close does it have to be before we need to made by the EPA. scrutiny of the data used in these stud- say: Stop. This is unreasonable? The Obama Administration did not ies. Peer review rarely double-checks Mr. Speaker, you look right now at even rely on peer-reviewed science or the analysis, and very rarely does it at- the trade deficit of this country; you on publicly available Scientific Advi- tempt to actually replicate the results look at the cost of goods and products sory Board determinations despite EPA of a study. Right now, we can only in other nations. In many cases, we are claims that its effort was backed by hope that the individuals conducting losing the trade war because our regu- science. the science can be trusted with their latory environment here, our tax envi- The tendency for Federal agencies to results. ronment here, is simply not competi- develop regulations based on secret The EPA should promote the use of tive. data is even more insidious when we rigorous science, not questionable What happens in a scenario where note that these are not even elected of- science. Those who say that peer re- you release the science you provide for ficials. They don’t have to stand for view is adequate are misguided. The transparency, you allow for better so- lutions. You allow for more efficient election. These are career bureaucrats American people deserve better than regulations, for better ways to achieve who cannot be removed or even some- that, and the HONEST Act ensures those objectives to improve our envi- times met up with by the voters, by that their expectations are met. ronment and protect our environment, their constituents. Mr. Speaker, I urge my colleagues to improve and protect the safety and Mr. Speaker, when Americans face who are interested in an open and hon- health of workers and American citi- regulations imposed by unelected bu- est EPA to pass this legislation. zens. reaucrats and based on secret science Again, I thank Chairman SMITH for This bill is in America’s interest. It that cannot be verified or even viewed, bringing this legislation forward and is in the public interest. To listen to how can they employ their First giving me the opportunity to speak. people stand here and talk about hid- Amendment right to petition their gov- Mr. SMITH of Texas. Mr. Speaker, ing and shielding science and making ernment? The answer, colleagues, is how much time remains on each side? up red herrings about privacy and simple. They can’t. And I would like to know if the other other things, that is absolutely con- Mr. Speaker, I urge support for this side, the minority, has any more trary to this country’s interests. It is bill to protect every American’s right speakers. contrary to the public’s interest. to know how and why their govern- The SPEAKER pro tempore (Mr. This bill should be passed. I am ment makes decisions, to protect their LAMALFA). The gentleman from Texas shocked that there is opposition to it, 3 First Amendment rights, to protect has 8 ⁄4 minutes remaining, and the and we should pass this with unani- 1 their property, and their ability to gentlewoman from Texas has 10 ⁄2 min- mous support. thrive. utes remaining. Ms. EDDIE BERNICE JOHNSON of Mr. Speaker, I thank the gentleman Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I reserve the bal- for the time, and I thank you for bring- Texas. Mr. Speaker, I have no further ance of my time. ing this effort and for your battle. requests for time, and I reserve the bal- Mr. SMITH of Texas. Mr. Speaker, I Ms. EDDIE BERNICE JOHNSON of ance of my time. yield 3 minutes to the gentleman from Texas. Mr. Speaker, I reserve the bal- Mr. SMITH of Texas. Mr. Speaker, I Arizona (Mr. SCHWEIKERT), a former ance of my time. yield 2 minutes to the gentleman from member of the Science Committee, Mr. SMITH of Texas. Mr. Speaker, I Louisiana (Mr. GRAVES). who is still missed, a former chairman yield 2 minutes to the gentleman from Mr. GRAVES of Louisiana. Mr. of the Environment Subcommittee, and Arizona (Mr. BIGGS), who is the chair- Speaker, I have been standing here lis- the author of a very similar bill to this man of the Environment Sub- tening to this debate. Let’s go back in a previous Congress. committee. and think about this for just a minute. Mr. SCHWEIKERT. Mr. Speaker, Mr. BIGGS. Mr. Speaker, I thank the Right now, in the United States, the look, I miss the Science Committee, gentleman from Texas, the chairman of cost of regulation in our Nation is ap- and I know I have been banned, and I the Science, Space, and Technology proximately $2 trillion; $2 trillion is have had a lot of coffee today. I was Committee, and especially for spon- the cost that our Nation spends every going to come up to the microphone soring this legislation, the HONEST year just complying with regulations. and sort of do the blast away, but let Act. In fact, that distills down to the aver- me back away. As the chairman of the Environment age household spending around $15,000 A number of things I have heard in Subcommittee on the Science Com- just to comply with regulations. this debate from the left and even a mittee, I fully support this bill that Now, let me be clear. Regulations are couple of the things from my side, will require EPA regulations be based important. We have got to have regula- okay, you are conflating all sorts of on science that is publicly available. tions to make sure we protect our envi- things that this bill doesn’t do. This The HONEST Act pushes forward the ronment, we protect the health and bill is three pages. basic principles of the scientific meth- safety of our citizens. That is critical. So can I ask a question? If I came to od, which is critically important in in- What this bill does is it simply pro- you right now and said, ‘‘Tell me that stances in which science and Federal vides for transparency so we can under- the EPA actually has the right rule Government policy intersect. stand the basis of regulations. That is sets for hydrocarbons, if it has the Regulations put forward by the EPA all this does: make sure that we can right rule set for PM10, it has the right impact all Americans, including my understand the science that regula- rule sets for ozone,’’ you would say, constituents in the East Valley of the tions were based upon. ‘‘Well, I have a peer-reviewed study Greater Phoenix area, the four cities of During a public comment process, we that says this.’’ I want to make the ar- Chandler, Gilbert, Queen Creek, and should have the ability to scrutinize gument, in today’s technology, why

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.049 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2546 CONGRESSIONAL RECORD — HOUSE March 29, 2017 shouldn’t your university, why need or justification for it. This is the base public protections on the best shouldn’t the really smart person who same bill, virtually, introduced in the available scientific information, much has the computer system in their base- last administration, and that is evi- of which is private or proprietary and ment, why shouldn’t the new statis- denced by my introduction of this cannot always be published. tical packages that are on these things good-government legislation with my In its current form, Mr. Speaker, this be allowed to take the data the tax- Democratic colleague HENRY CUELLAR. bill, the so-called Honest and Open New payers have paid for and work it and That shows it is a good, bipartisan bill. EPA Science Treatment Act, seriously model it and bounce it off other types Mr. Speaker, I urge my colleagues to impedes the EPA’s ability to protect of datasets and ask is the way we support this legislation and promote a the American public from pollutants, model and regulate rational? more open and honest Federal Govern- toxins, and other dangerous threats to This bill doesn’t reduce regulations. ment. We should not be afraid of let- their well-being. In many ways, it allows us all to par- ting the American people see the data The true intention of this bill is not ticipate in the citizen science to under- that the EPA or other agencies say jus- to increase transparency in policy- stand whether we are doing it the right tifies their regulations. making but, rather, to bar scientists way. So let’s vote for an open and honest and civil servants from enforcing the Why is the left so scared of citizen government and support this legisla- intent of bedrock protections in the scientists, of university scientists, of tion. Clean Air Act, the Clean Water Act, people who are just darned interested Mr. Speaker, I yield back the balance and other important laws. in the matching of different types of of my time. If this ‘‘secret science’’ bill passes in datasets? The SPEAKER pro tempore (Mr. its current form, the EPA’s work will grind to a halt and countless Ameri- You and I might find out we are GRAVES of Louisiana). All time for de- doing things the wrong way. You and I bate has expired. cans will suffer or even die as a result. might find out we are not doing Pursuant to House Resolution 229, Hardworking miners, whose work and contributions have been overly politi- enough. You and I may find out we are the previous question is ordered on the cized in the debate to keep access to doing far too much. But stop being bill. science, are the greatest at risk. Gen- afraid of people having access to the The question is on the engrossment erations of miners toil dutifully to sup- information. If society is going to live and third reading of the bill. port their families, all the while expos- under a regulatory environment, then The bill was ordered to be engrossed ing themselves to toxicity and pollu- society deserves access to the informa- and read a third time, and was read the tion that can leave them with lifelong tion that creates those regulations. third time. Public information for public policy, debilitating diseases, such as black b 1445 why is that so feared? Why is there so lung and asthma. Families who will struggle from the much trust in the bureaucracy instead MOTION TO RECOMMIT costs to treat these expensive diseases of science and information? Mr. MCEACHIN. Mr. Speaker, I have and from loss of income due to days I want to argue with you that, in to- a motion to recommit at the desk. missed from work do not need more ob- day’s world, when we are on the cusp, The SPEAKER pro tempore. Is the struction or political football. They where sensors are going to be attached gentleman opposed to the bill? need access to the best care available, to this, taking thousands of readings in Mr. MCEACHIN. I am opposed. which relies upon evidence-based our communities, that that informa- The SPEAKER pro tempore. The science. They deserve far better than tion is just as noble as something that Clerk will report the motion to recom- what the majority is offering. is locked up in the cabinet where none mit. Mr. Speaker, I came to Congress with of us can actually see the base The Clerk read as follows: a mission to uphold the values and datasets. Mr. McEachin moves to recommit the bill principles of the great constituents liv- Ms. EDDIE BERNICE JOHNSON of H.R. 1430 to the Committee on Science, ing in Virginia’s Fourth Congressional Texas. Mr. Speaker, since the time Space, and Technology with instructions to District. I believe that includes advo- that President Nixon signed into law report the same back to the House forthwith, with the following amendment: cating for the health of all Americans. authorizing the EPA, it appears to me That means advocating for sound that there has been no evidence that At the end of the bill, add the following: SEC. 3. EXCEPTION. science and reasonable policies. It they have done anything other than at- means rejecting dangerous, short- tempt to protect the lives of the Amer- Notwithstanding the amendment made by section 2, the Administrator of the Environ- sighted, and an astonishingly hard- ican people. I don’t believe that this mental Protection Agency shall, in carrying hearted piece of legislation that is cur- legislation is going to do anything to out the activities described in that amend- rently before you. further that. ment, make use of the best available science, Mr. Speaker, science is the bedrock It will give them a lot of unfunded whether or not it is publicly available in any of sound medical and public health de- mandates, far more than what they form, when responding to threats to public cisionmaking. EPA’s science-based de- would ever be funded to carry out. I health, including black lung disease and cisionmaking process has saved lives would ask everyone to respect the asthma, caused by or exacerbated by expo- sure to pollution or toxic chemicals. and led to the dramatic improvements Agency and vote ‘‘no’’ on the bill. in the quality of the air we breathe, Mr. Speaker, I yield back the balance The SPEAKER pro tempore. Pursu- the water we drink, and the Earth we of my time. ant to the rule, the gentleman from share. Mr. SMITH of Texas. Mr. Speaker, I Virginia is recognized for 5 minutes in All Americans have benefited from yield myself the balance of my time. support of his motion. the research-based scientific advice Mr. Speaker, costly environmental Mr. MCEACHIN. Mr. Speaker, this is that scientists have provided the EPA, regulations should only be based upon the final amendment to the bill, which and that is why I urge my colleagues to data that is available to independent will not kill the bill or send it back to support my motion to recommit. scientists and the public and that can committee. If adopted, the bill will im- Mr. Speaker, I yield back the balance be verified. mediately proceed to final passage, as of my time. H.R. 1430, the HONEST Act, gives amended. Mr. SCHWEIKERT. Mr. Speaker, I independent scientists an opportunity Mr. Speaker, my amendment is sim- rise in opposition to the motion. to validate the studies the EPA uses to ple. It ensures that the EPA continues The SPEAKER pro tempore. The gen- make new regulations. What this bill to use the best available science to re- tleman from Arizona is recognized for 5 does not do is roll back the laws that spond to threats to public health, in- minutes. protect the air we breathe and the cluding black lung and asthma, caused Mr. SCHWEIKERT. Mr. Speaker, I water we drink. It simply requires the by or exacerbated by exposure to pollu- don’t really know the gentleman from EPA to base regulations on science tion or toxic chemicals. Virginia, but you can hear in the tone that is publicly available. This motion to recommit reverses of his voice he is truly well-meaning This is a nonpartisan bill. A change harmful restrictions imposed by this and cares about his State and his popu- in administration does not change the bill that make it almost impossible to lation.

VerDate Sep 11 2014 03:48 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.050 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2547 If you actually read this motion to RECESS Gottheimer Lowey Ruppersberger recommit, things in here, such as best Green, Al Lujan Grisham, Ryan (OH) The SPEAKER pro tempore. Pursu- Green, Gene M. Sa´ nchez available science, are obvious. If you ant to clause 12(a) of rule I, the Chair Grijalva Luja´ n, Ben Ray Sarbanes actually read the three pages of the declares the House in recess subject to Gutie´rrez Lynch Schakowsky Hanabusa Maloney, Schiff legislation, that is the obvious part. the call of the Chair. For many of us—and being sort of the Hastings Carolyn B. Schneider Accordingly (at 2 o’clock and 52 min- Heck Maloney, Sean Schrader original previous generation author of utes p.m.), the House stood in recess. Higgins (NY) Matsui Scott (VA) the bill—that was our goal. Himes McCollum Scott, David But does anyone see sort of the intel- f Hoyer McEachin Serrano Huffman McGovern lectual duplicity when, on one hand, Sewell (AL) b 1620 Jackson Lee McNerney Shea-Porter you say proprietary science, and then— Jayapal Meeks Sherman the best available science, but other AFTER RECESS Jeffries Meng Sinema science can’t test, stress, analyze, Johnson (GA) Moulton Sires The recess having expired, the House Johnson, E. B. Murphy (FL) Smith (WA) bounce, conflate, model the propri- Jones Nadler was called to order by the Speaker pro Soto Kaptur Napolitano etary science, because it is proprietary, Speier tempore (Mr. DUNCAN of Tennessee) at Keating Neal with the best available and other Suozzi 4 o’clock and 20 minutes p.m. Kelly (IL) Nolan Swalwell (CA) datasets? Kennedy Norcross Takano You can’t have both. If you are going f Khanna O’Halleran Thompson (CA) to try to make public policy in a world Kihuen O’Rourke ANNOUNCEMENT BY THE SPEAKER Thompson (MS) with functionally secret, proprietary Kildee Pallone PRO TEMPORE Kilmer Panetta Titus science data that is sold—actually, Kind Pascrell Tonko let’s be brutally honest here for a mo- The SPEAKER pro tempore. Pursu- Krishnamoorthi Pelosi Torres ant to clause 8 of rule XX, proceedings Kuster (NH) Perlmutter Tsongas ment. This stuff is sold to the EPA. Vargas will resume on questions previously Langevin Peters One of the reasons some of the groups Larsen (WA) Peterson Veasey that have been listed off oppose this postponed. Larson (CT) Pingree Vela legislation is they make money selling Votes will be taken in the following Lawrence Pocan Vela´ zquez the data, and then they make it so you order: Lawson (FL) Polis Visclosky Lee Price (NC) Walz can’t actually look at the datasets un- Adoption of the motion to recommit Levin Quigley Wasserman derneath and test it. on H.R. 1430; and Lewis (GA) Raskin Schultz How does that lead us to knowing Passage of H.R. 1430, if ordered. Lieu, Ted Rice (NY) Waters, Maxine The first electronic vote will be con- Lipinski Richmond Watson Coleman that we are taking care of our brothers Loebsack Rosen Welch and sisters out there? How does that ducted as a 15-minute vote. The re- Lofgren Roybal-Allard Wilson (FL) lead us to actually knowing we are maining electronic vote will be con- Lowenthal Ruiz Yarmuth doing it the best possible, most ration- ducted as a 5-minute vote. NAYS—232 al way and that our rules, our mechan- f ics are correct? Abraham DeSantis Joyce (OH) Aderholt DesJarlais Katko On your motion to recommit, I am a HONEST AND OPEN NEW EPA Allen Diaz-Balart Kelly (MS) severe asthmatic. I have had it since I SCIENCE TREATMENT ACT OF 2017 Amash Donovan Kelly (PA) was an infant. I am one of those people The SPEAKER pro tempore. The un- Amodei Duncan (SC) King (IA) who wakes up every day and takes a Arrington Duncan (TN) King (NY) finished business is the vote on the mo- Babin Dunn Kinzinger hit of my inhaler to make sure my tion to recommit on the bill (H.R. 1430) Bacon Emmer Knight lungs are okay. In the back room, I to prohibit the Environmental Protec- Banks (IN) Farenthold Kustoff (TN) have an emergency inhaler. I know Barletta Faso Labrador tion Agency from proposing, finalizing, Barr Ferguson LaHood what it is like to live with asthma. or disseminating regulations or assess- Barton Fitzpatrick LaMalfa I care tremendously about the ments based upon science that is not Bergman Fleischmann Lamborn science, but I also want there to be vig- transparent or reproducible, offered by Biggs Flores Lance orous debate. I want there to be all Bilirakis Fortenberry Latta the gentleman from Virginia (Mr. Bishop (MI) Foxx Lewis (MN) sorts of research. I want there to be MCEACHIN), on which the yeas and nays Bishop (UT) Franks (AZ) LoBiondo this sort of crowd-sourced world where were ordered. Black Frelinghuysen Long science and data are competing with Blackburn Gaetz Loudermilk The Clerk will redesignate the mo- Blum Gallagher Love each other and being modeled together; tion. Bost Garrett Lucas and living in a world where we trust The Clerk redesignated the motion. Brady (TX) Gibbs Luetkemeyer the bureaucracy, where we trust pro- The SPEAKER pro tempore. The Brat Gohmert MacArthur prietary, secret information to make Bridenstine Goodlatte Marchant question is on the motion to recommit. Brooks (AL) Gosar Marshall our rule sets. The vote was taken by electronic de- Brooks (IN) Gowdy Massie I don’t know how anyone, intellectu- vice, and there were—yeas 189, nays Buchanan Granger Mast Buck Graves (GA) McCarthy ally, can get to the point of thinking 232, not voting 8, as follows: that is making our society healthier Bucshon Graves (LA) McCaul [Roll No. 205] Budd Graves (MO) McClintock and that we are actually doing it in the Burgess Griffith McHenry YEAS—189 most efficient manner possible. Byrne Grothman McKinley Mr. Speaker, I yield back the balance Adams Castro (TX) Delaney Calvert Guthrie McMorris Aguilar Chu, Judy DeLauro Carter (GA) Harper Rodgers of my time. Barraga´ n Cicilline DelBene Carter (TX) Harris McSally The SPEAKER pro tempore. Without Bass Clark (MA) Demings Chabot Hartzler Meadows objection, the previous question is or- Beatty Clarke (NY) DeSaulnier Chaffetz Hensarling Meehan dered on the motion to recommit. Bera Clay Deutch Cheney Herrera Beutler Messer Beyer Cleaver Dingell Coffman Hice, Jody B. Mitchell There was no objection. Bishop (GA) Clyburn Doggett Cole Higgins (LA) Moolenaar The SPEAKER pro tempore. The Blumenauer Cohen Doyle, Michael Collins (GA) Hill Mooney (WV) question is on the motion to recommit. Blunt Rochester Connolly F. Collins (NY) Holding Mullin The question was taken; and the Bonamici Conyers Ellison Comer Hollingsworth Murphy (PA) Boyle, Brendan Cooper Engel Comstock Hudson Newhouse Speaker pro tempore announced that F. Correa Eshoo Conaway Huizenga Noem the noes appeared to have it. Brady (PA) Costa Espaillat Cook Hultgren Nunes Mr. MCEACHIN. Mr. Speaker, on that Brown (MD) Courtney Esty Costello (PA) Hunter Olson Brownley (CA) Crist Evans Cramer Hurd Palazzo I demand the yeas and nays. Bustos Crowley Foster Crawford Issa Palmer The yeas and nays were ordered. Butterfield Cuellar Frankel (FL) Culberson Jenkins (KS) Paulsen The SPEAKER pro tempore. Pursu- Capuano Cummings Fudge Curbelo (FL) Jenkins (WV) Pearce ant to clause 8 of rule XX, further pro- Carbajal Davis (CA) Gabbard Davidson Johnson (LA) Perry Ca´ rdenas Davis, Danny Gallego Davis, Rodney Johnson (OH) Pittenger ceedings on this question will be post- Cartwright DeFazio Garamendi Denham Johnson, Sam Poe (TX) poned. Castor (FL) DeGette Gonzalez (TX) Dent Jordan Poliquin

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.053 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2548 CONGRESSIONAL RECORD — HOUSE March 29, 2017 Posey Sanford Trott Duncan (TN) Kustoff (TN) Rohrabacher Maloney, Sean Price (NC) Soto Ratcliffe Scalise Turner Dunn Labrador Rokita Matsui Quigley Speier Reed Schweikert Upton Emmer LaHood Rooney, Francis McCollum Raskin Stefanik Reichert Scott, Austin Valadao Farenthold LaMalfa Rooney, Thomas McEachin Rice (NY) Suozzi Renacci Sensenbrenner Wagner Ferguson Lamborn J. McGovern Richmond Swalwell (CA) Rice (SC) Sessions Walberg Fleischmann Lance Roskam McNerney Ros-Lehtinen Takano Roby Shimkus Walden Flores Latta Ross Meeks Rosen Thompson (CA) Roe (TN) Shuster Walker Fortenberry Lewis (MN) Rothfus Meng Roybal-Allard Thompson (MS) Rogers (AL) Simpson Walorski Moore Ruiz Foxx LoBiondo Rouzer Titus Rogers (KY) Smith (MO) Walters, Mimi Franks (AZ) Long Moulton Ruppersberger Royce (CA) Tonko Rohrabacher Smith (NE) Weber (TX) Frelinghuysen Loudermilk Murphy (FL) Ryan (OH) Russell Torres Rokita Smith (NJ) Webster (FL) Gaetz Love Nadler Sa´ nchez Rutherford Tsongas Rooney, Francis Smith (TX) Wenstrup Gallagher Lucas Scalise Napolitano Sanford Rooney, Thomas Smucker Westerman Garrett Luetkemeyer Neal Sarbanes Vargas Schweikert Veasey J. Stefanik Williams Gibbs MacArthur Scott, Austin Nolan Schakowsky Vela Ros-Lehtinen Stewart Wilson (SC) Gohmert Marshall Sensenbrenner Norcross Schiff Roskam Stivers Wittman O’Halleran Vela´ zquez Goodlatte Massie Sessions Schneider Ross Taylor Womack O’Rourke Schrader Visclosky Gosar Mast Shimkus Rothfus Tenney Woodall Gowdy McCarthy Pallone Scott (VA) Walz Shuster Rouzer Thompson (PA) Yoder Granger McCaul Panetta Scott, David Wasserman Simpson Royce (CA) Thornberry Yoho Graves (GA) McClintock Pascrell Serrano Schultz Smith (MO) Russell Tiberi Young (IA) Graves (LA) McHenry Pelosi Sewell (AL) Waters, Maxine Smith (NE) Rutherford Tipton Zeldin Graves (MO) McKinley Perlmutter Shea-Porter Smith (NJ) Watson Coleman Griffith McMorris Peters Sherman Smith (TX) Welch NOT VOTING—8 Grothman Rodgers Pingree Sinema Smucker Wilson (FL) Carson (IN) Moore Slaughter Guthrie McSally Pocan Sires Stewart Yarmuth Duffy Payne Young (AK) Harper Meadows Polis Smith (WA) Stivers Marino Rush Harris Meehan Hartzler Messer Taylor NOT VOTING—7 Tenney Hensarling Mitchell Duffy Payne Young (AK) Thompson (PA) b 1645 Herrera Beutler Moolenaar Marchant Rush Thornberry Messrs. BISHOP of Michigan, Hice, Jody B. Mooney (WV) Marino Slaughter Higgins (LA) Mullin Tiberi GRAVES of Georgia, MITCHELL, Hill Murphy (PA) Tipton b 1654 LOUDERMILK, BUDD, HUNTER, Holding Newhouse Trott BROOKS of Alabama, ROHRABACHER, Hollingsworth Noem Turner So the bill was passed. Upton WITTMAN, PALAZZO, WALDEN, and Hudson Nunes The result of the vote was announced Huizenga Olson Valadao as above recorded. THOMAS J. ROONEY of Florida Hultgren Palazzo Wagner changed their vote from ‘‘yea’’ to Hunter Palmer Walberg A motion to reconsider was laid on Hurd Paulsen Walden the table. ‘‘nay.’’ Walker Issa Pearce PERSONAL EXPLANATION Ms. MCCOLLUM, Messrs. CORREA, Jenkins (KS) Perry Walorski NORCROSS, AL GREEN of Texas, and Jenkins (WV) Peterson Walters, Mimi Mr. DUFFY. Madam Speaker, on March 29, DOGGETT changed their vote from Johnson (LA) Pittenger Weber (TX) 2017, on rollcall No. 203 on ordering the pre- ‘‘nay’’ to ‘‘yea.’’ Johnson (OH) Poe (TX) Webster (FL) vious question, I am not recorded. Had I been Johnson, Sam Poliquin Wenstrup So the motion to recommit was re- Jones Posey Westerman present, I would have voted ‘‘aye.’’ jected. Jordan Ratcliffe Williams On rollcall No. 204 on agreeing to the reso- The result of the vote was announced Joyce (OH) Reed Wilson (SC) lution, H. Res. 233, providing for consideration Katko Reichert Wittman as above recorded. Kelly (MS) Renacci Womack of H.R. 1431, I am not recorded. Had I been Stated for: Kelly (PA) Rice (SC) Woodall present, I would have voted ‘‘aye.’’ Ms. MOORE. Mr. Speaker, I was unavoid- King (IA) Roby Yoder On rollcall No. 205 on motion to recommit King (NY) Roe (TN) Yoho with instructions, I am not recorded. Had I ably detained. Had I been present, I would Kinzinger Rogers (AL) Young (IA) have voted ‘‘yea’’ on rollcall No. 205. Knight Rogers (KY) Zeldin been present, I would have voted ‘‘nay.’’ The SPEAKER pro tempore. The On rollcall No. 206 on final passage of H.R. question is on the passage of the bill. NOES—194 1431, I am not recorded. Had I been present, The question was taken; and the Adams Crowley Higgins (NY) I would have voted ‘‘aye’’ on final passage of Speaker pro tempore announced that Aguilar Cummings Himes H.R. 1431. Barraga´ n Curbelo (FL) Hoyer the ayes appeared to have it. Bass Davis (CA) Huffman f RECORDED VOTE Beatty Davis, Danny Jackson Lee HOUR OF MEETING ON TOMORROW Ms. EDDIE BERNICE JOHNSON of Bera DeFazio Jayapal Beyer DeGette Jeffries Mr. SMITH of Texas. Madam Speak- Texas. Mr. Speaker, I demand a re- Bishop (GA) Delaney Johnson (GA) corded vote. Blumenauer DeLauro Johnson, E. B. er, I ask unanimous consent that when A recorded vote was ordered. Blunt Rochester DelBene Kaptur the House adjourns today, it adjourn to Bonamici Demings Keating meet at 9 a.m. tomorrow. The SPEAKER pro tempore. This Boyle, Brendan DeSaulnier Kelly (IL) will be a 5-minute vote. F. Deutch Kennedy The SPEAKER pro tempore (Ms. The vote was taken by electronic de- Brady (PA) Dingell Khanna TENNEY). Is there objection to the re- vice, and there were—ayes 228, noes 194, Brown (MD) Doggett Kihuen quest of the gentleman from Texas? Brownley (CA) Doyle, Michael Kildee There was no objection. not voting 7, as follows: Bustos F. Kilmer [Roll No. 206] Butterfield Ellison Kind f Capuano Engel Krishnamoorthi AYES—228 Carbajal Eshoo Kuster (NH) PERSONAL EXPLANATION Abraham Bost Collins (GA) Ca´ rdenas Espaillat Langevin Aderholt Brady (TX) Collins (NY) Carson (IN) Esty Larsen (WA) Mr. TONKO. Madam Speaker, during Allen Brat Comer Cartwright Evans Larson (CT) yesterday evening’s vote series, I was Amash Bridenstine Comstock Castor (FL) Faso Lawrence present on the House floor. However, Amodei Brooks (AL) Conaway Castro (TX) Fitzpatrick Lawson (FL) Arrington Brooks (IN) Cook Chu, Judy Foster Lee my vote was not recorded on rollcall Babin Buchanan Costa Cicilline Frankel (FL) Levin No. 202, due to a technical malfunction. Bacon Buck Cramer Clark (MA) Fudge Lewis (GA) Had I been recorded, I would have Banks (IN) Bucshon Crawford Clarke (NY) Gabbard Lieu, Ted voted ‘‘no’’ on S.J. Res. 34. Barletta Budd Cuellar Clay Gallego Lipinski Barr Burgess Culberson Cleaver Garamendi Loebsack f Barton Byrne Davidson Clyburn Gonzalez (TX) Lofgren Bergman Calvert Davis, Rodney Cohen Gottheimer Lowenthal NATIONAL VIETNAM WAR Biggs Carter (GA) Denham Connolly Green, Al Lowey VETERANS DAY Bilirakis Carter (TX) Dent Conyers Green, Gene Lujan Grisham, Bishop (MI) Chabot DeSantis Cooper Grijalva M. (Mr. THOMPSON of Pennsylvania Bishop (UT) Chaffetz DesJarlais Correa Gutie´rrez Luja´ n, Ben Ray asked and was given permission to ad- Black Cheney Diaz-Balart Costello (PA) Hanabusa Lynch Blackburn Coffman Donovan Courtney Hastings Maloney, dress the House for 1 minute and to re- Blum Cole Duncan (SC) Crist Heck Carolyn B. vise and extend his remarks.)

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A29MR7.022 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2549 Mr. THOMPSON of Pennsylvania. MORE RESOURCES ARE NEEDED not easy, but it is essential, it is life- Madam Speaker, I rise today to honor TO SECURE OUR BORDER saving. I want to be on the side of sav- the first official National Vietnam War (Mr. POE of Texas asked and was ing lives of all Americans. It is not Veterans Day. Just yesterday, Presi- given permission to address the House easy and it is not something to fool dent Trump signed a bill into law per- for 1 minute.) around with. manently designating March 29 as the Mr. POE of Texas. Madam Speaker, f day we honor our Vietnam veterans. foreign national Tommy Alvarado-Ven- Madam Speaker, in many instances, HONORING LIEUTENANT tura has a string of arrests to his FREDERICK DELLECKER our Vietnam veterans often did not re- name, including assault, imperson- ceive a warm welcome home when they ation, drunk driving, and contempt of (Mr. YOHO asked and was given per- returned from war. This is a small step court. Not to mention that he has been mission to address the House for 1 toward giving these brave men and deported four times. And, oh, yes, minute and to revise and extend his re- women the recognition they deserve. Madam Speaker, he is an MS–13 gang marks.) It was on this day in 1973 that the member. Mr. YOHO. Madam Speaker, I rise last combat troops were ordered out of Despite being deported four times, he today to honor the loss of a Floridian, Vietnam. Forty-four years later, the made his way back to America. This a patriot, and one of the Air Force’s House and Senate unanimously ap- time, he stabbed a woman in a parking finest. proved this Federal statute recognizing lot. Then he went to a house only to Two weeks ago, three servicemem- and honoring our Vietnam veterans sexually assault a 2-year-old. When his bers were lost in a crash of a reconnais- who answered the Nation’s call and girlfriend saw the bruises on the child, sance and surveillance plane in New served with honor and distinction. he stabbed her as well. Eventually, Mexico. These young men were not just This effort began in Pennsylvania as servicemembers serving in our United the brainchild of Sergeant Harold Red- NYPD arrested him. Madam Speaker, our porous border is States Air Force; they were sons, ding, a Vietnam veteran from York, brothers, husbands, and fathers. Pennsylvania. Pennsylvania’s own Sen- not secure. Foreign criminals who vio- lently assault and rape women and In particular, Florida’s own Lieuten- ator PAT TOOMEY led the charge to children in the United States keep ant Frederick Dellecker, a dedicated make this day a reality. first lieutenant, had a long and prom- Madam Speaker, we all know some- coming back to America. Border offi- cials are doing the best they can do ising career ahead of him. Lieutenant one who served in Vietnam. Those vet- Dellecker was 26 and known amongst erans are our friends, our family, our with what they have. But the message is clear: they need his friends for his legendary humor. neighbors. Thank you to all of our As a veterinarian, I was particularly Vietnam veterans. May God bless you more to secure our border. Washington must send more resources, boots on the touched by Lieutenant Dellecker’s love on this National Vietnam War Vet- of animals. His friends and family re- erans Day. ground, aerostats, and military equip- ment, if necessary, to establish a vir- cently revealed that, while in pilot f tual border wall against outlaws like training, Lieutenant Dellecker once HONORING MAUREEN ‘‘MO’’ Alvarado-Ventura. shared a hotdog with a flea-bitten GILMAN And that is just the way it is. stray who had just delivered a litter of (Mr. HOYER asked and was given f puppies and was starving. He ended up permission to address the House for 1 taking her in and giving her a second HEALTH CARE IS NOT EASY, BUT chance at a new life. minute and to revise and extend his re- IT IS ESSENTIAL marks.) I would like to take a moment on be- Mr. HOYER. Madam Speaker, I rise (Ms. JACKSON LEE asked and was half of all Americans and all of the to honor a dear friend, Maureen ‘‘Mo’’ given permission to address the House Members here today to thank him and Gilman, who retired on March 17 as the for 1 minute.) his family for their service. legislative director of the National Ms. JACKSON LEE. Madam Speaker, Lieutenant Frederick Dellecker, Treasury Employees Union. $880 billion cut from the insurance of your name will not be forgotten. Mo served NTEU with great ability hardworking, low-income families; $600 f for 31 years after working in this House billion going to the top 1 percent of the CHAIRMAN OF HOUSE INTEL- for former Representatives Sam richest people in America. Those were LIGENCE COMMITTEE SHOULD Gejdenson of Connecticut and Chris the singular features of the TrumpCare DO THE RIGHT THING AND Dodd, also of Connecticut. bill: not caring for any one of you, but RECUSE HIMSELF NTEU represents approximately simply taking away and providing for 150,000 Federal employees working in 31 the rich. (Mr. BRENDAN F. BOYLE of Penn- Federal agencies. Mo has been tireless Health care in my district and in sylvania asked and was given permis- in the effort to ensure that Federal ci- America is very serious. I heard the sion to address the House for 1 minute vilian employees receive the pay, bene- testimony for many years of mothers and to revise and extend his remarks.) fits, and workplace protections they who had autistic children or children Mr. BRENDAN F. BOYLE of Pennsyl- deserve. Mo spent a considerable part with severe disorders, or visited nurs- vania. Madam Speaker, I am someone of her years at NTEU educating Con- ing homes where elderly who had who believes in this institution. So, gress and administrations about the worked were there on Medicaid, or Madam Speaker, this week, to me, has important work Federal servants carry maybe heard the pleas of cancer sur- been an embarrassment. It is an embar- out. vivors who would not have lived but for rassment that we here in the House At a time when some in Congress and the Affordable Care Act and having in- can’t have a real, genuine bipartisan in the current administration are deni- surance. investigation by our Intelligence Com- grating Federal civil servants, threat- This is nothing to play with. Any mittee. ening to reduce their pay and benefits suggestion that health care is easy, Mr. Fortunately, this afternoon, the and deeply cut the budgets of agencies Trump, or that we can get together chairman and ranking member—one for which they work, I am more than a with the moderates is not a direction Democrat and one Republican—of the little sad to see Mo retire. But as she to go. If you are serious, we are seri- Senate Intelligence Committee have does, Madam Speaker, I am certain ous. But we are serious about people signaled in a joint press conference that Mo will keep inspiring us all to whose lives are in jeopardy, and we are that they are interested in having a continue the fight with the same re- serious about providing access and real investigation. solve that she showed every day of her health care to all of America, including Wouldn’t it be nice if the House of career. our rural hospitals and our children’s Representatives would do the same? I hope my colleagues will join me, hospitals, who beg for us not to pass Madam Speaker, it gives me no Madam Speaker, in wishing Mo Gilman TrumpCare. pleasure to say this, but the chairman well and thanking her for her extraor- We are prepared to work on behalf of of our House Intelligence Committee dinary work on behalf of our country. the American people. Health care is has acted in a way that makes a real

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.059 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2550 CONGRESSIONAL RECORD — HOUSE March 29, 2017 investigation in our House impossible. minute and to revise and extend his re- BUCKLEY V. VALEO He should do the right thing and recuse marks.) REINTRODUCTION himself, and this House should join the Mr. LAMALFA. Madam Speaker, to- (Ms. KAPTUR asked and was given Senate in having a real investigation. night I rise to commend the House for permission to address the House for 1 f passing H.R. 1430, what is known as the minute.) HONEST Act. This would put more of CONGRATULATING AND HONORING Ms. KAPTUR. Madam Speaker, I rise the onus on to the Environmental Pro- ANGELINA M. PENNISI STEINER today to introduce a resolution: Ex- tection Agency, sometimes known as pressing the sense of Congress that the (Mr. GAETZ asked and was given per- the employment prevention agency, to mission to address the House for 1 Supreme Court misinterpreted the disclose where they get their science or First Amendment to the Constitution minute and to revise and extend his re- where they get their reasoning when marks.) in the case of Buckley v. Valeo. they are going to make a regulation This resolution will restore equal Mr. GAETZ. Madam Speaker, I come upon the people that produce in this from the State of Florida, where we footing to all Americans in our Na- country. have many of our citizens who live in tion’s politics. My own constituents have suffered nursing homes. Despite the views of The landmark Supreme Court case from that in my district in northern some, those residents can live remark- Buckley v. Valeo was decided over 40 California, where arbitrary rules are able, productive, and fulfilling lives. years ago. Then-Justice Byron White One such resident is Angelina put in place without even the oppor- called the decision ‘‘a mortal danger Steiner. Mrs. Steiner lives in the Plant tunity to face their accuser of what against which effective preventive and City Senior Center. She shares her tal- kind of science they are using or what curative steps must be taken.’’ ents in weekly poetry readings. She be- kind of reasoning they are using to put In the wake of the recent Presi- came a member of the Florida Writers a regulation in place that they have to dential election where spending ap- Association. In 2014, she published her fight, and fight sometimes for many proached $5 billion, we clearly see the first book: ‘‘Chasing Dreams.’’ Now, years, in order to have the opportunity influence of big money. That money her second book: ‘‘Beautiful Words just to use their land, just to use their exerts an inordinate amount of influ- Coming My Way’’ is being published land for planting crops or for grazing ence over our politics. True to form, it and archived in the Library of Con- or for other things that would help appears to have endowed donors with gress. them with their livelihood, with their an unusually high number of Cabinet A loving wife and a mother of four economy, like they have been using for positions in the Trump administration. children, Mrs. Steiner is inspired by ev- so many years, even decades, in their Over one-third of President Trump’s eryday events. She has the talent to families. high-level government posts were paint beautiful pictures through her The HONEST Act will put account- awarded to megacampaign donors. poetry, and I am incredibly proud of ability back on the EPA to say you Congress must end the current prac- her. have to come forward with reasoning, tice of allowing elections to be bought f with logic, and with science that is by the highest bidder. If money equals publicly available and not hidden from RECOGNIZING SOCIAL SCIENTISTS free speech, then lack of money equals the public so that we can see what you FROM THE CONSORTIUM OF SO- lack of free speech. are using to regulate the people. CIAL SCIENCE ASSOCIATIONS We must ensure that our campaigns (Mr. LIPINSKI asked and was given f are reflective of the people’s voices. permission to address the House for 1 Buckley v. Valeo took away this invio- minute and to revise and extend his re- TRUMP ADMINISTRATION’S TIES late First Amendment right from the marks.) WITH RUSSIA people, and this resolution is the rem- Mr. LIPINSKI. Madam Speaker, I (Mr. VEASEY asked and was given edy to restore it. want to recognize the 80 social sci- permission to address the House for 1 f entists from the Consortium of Social minute.) Science Associations, who are visiting Mr. VEASEY. Madam Speaker, I rise b 1715 Washington, D.C., today, and to thank today to continue the call for an inde- REMOVAL OF NAME OF MEMBER them for their hard work keeping our pendent commission to investigate the AS COSPONSOR OF H.J. RES. 17 STEM enterprise strong. President’s ties with Russia. Mr. SANFORD. Madam Speaker, I They are here to highlight the value Congress has the responsibility to en- ask unanimous consent that my name of social science research to the Na- sure we investigate these matters ap- be removed as a cosponsor from H.J. tion, and to support funding for the so- propriately. We must provide the Res. 17. cial, behavioral, and economic sciences American people with answers, trans- The SPEAKER pro tempore. Is there in the National Science Foundation parency, and accountability. We know objection to the request of the gen- budget. that there are issues with the House In- tleman from South Carolina? Social science research has provided telligence Committee on the Repub- us with numerous benefits. Some of There was no objection. lican side, so it is time that we ask for these include: strengthening cybersecu- an independent commission to take the f rity by showing us how changes in be- lead. havior can eliminate cyber vulnerabili- MESSAGE FROM THE PRESIDENT Let’s be honest, at the end of the day, ties; making our soldiers safer by you are the company you keep. So far, A message in writing from the Presi- working with the Army to improve its President Trump’s team has included a dent of the United States was commu- cross-cultural training; and saving national security adviser who was paid nicated to the House by Mr. Brian lives by improving the system of by Russian companies to appear at Pate, one of his secretaries. matching kidney donors with patients. Madam Speaker, we must have Russian events, a former campaign f strong Federal funding for social manager who had a multimillion-dollar QUESTIONING THE RUSSIAN science research. Cuts would make contract to advance Putin’s agenda, CONNECTION and now we have the issues again with America weaker, not greater. The SPEAKER pro tempore. Under I urge my colleagues to oppose any the Republican side of the Intelligence the Speaker’s announced policy of Jan- cuts to social science funding in the Committee to cover up tracks left by uary 3, 2017, the gentleman from Mary- NSF budget. the Trump administration. As we further untangle the web cre- land (Mr. RASKIN) is recognized for 60 f ated by Trump and his team, it is clear minutes as the designee of the minor- PUTTING ACCOUNTABILITY BACK that some Republicans are fearful of ity leader. ON THE EPA what potential investigations may re- GENERAL LEAVE (Mr. LAMALFA asked and was given veal. The American people deserve an- Mr. RASKIN. Madam Speaker, I ask permission to address the House for 1 swers. unanimous consent that all Members

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.061 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2551 have five legislative days to revise and Let’s talk about some of those allies with Russian Ambassador Sergey extend their remarks and include ex- and folks who are aligned with Trump Kislyak on two separate occasions dur- traneous materials on the subject of and with Russia: ing the campaign cycle, information my Special Order. Michael Flynn, who was fired from which he failed to disclose during his The SPEAKER pro tempore. Is there the NSC after lying about discussing confirmation hearings. Kislyak is the objection to the request of the gen- sanctions with Russian Ambassador same Ambassador with whom Mike tleman from Maryland? Kislyak. Flynn discussed U.S. sanctions, and, by There was no objection. Paul Manafort, Trump’s former cam- the way, he lied about it. Mr. RASKIN. Madam Speaker, with paign manager, was a paid lobbyist for It has now been revealed that Rus- my colleague PRAMILA JAYAPAL, from Viktor Yanukovych, the pro-Russian sian Ambassador Sergey Kislyak met the State of Washington, on behalf of politician in Ukraine who fled to Rus- with the following Trump associates: the Progressive Caucus, we are taking sia in 2014. AP reports Manafort signed Carter Page, Jeff Sessions, Mike Flynn, this Special Order hour to focus on the a $10 million contract in 2006, with and Jared Kushner, in December 2016, question of the Russian connection. Russian billionaire and Putin ally Oleg in Trump Tower, during the transition. This is a matter of utmost serious- Deripaska, to advance Putin’s interest None of these meetings were made pub- ness and urgency to the American peo- in the United States. The New York lic and were only discovered after the ple because it goes to the question of Times also reports Manafort tried to press released reports. our national security and the political hide $750,000 in payments from a pro- Before the press reporting on the sovereignty of the American people to Russian party in Ukraine. meetings above, the Trump administra- engage in democracy on our own with- Carter Page, a former Trump cam- tion had repeatedly denied its cam- out foreign interference, subversion, paign adviser, is a consultant to and paign had contact and communication and sabotage. investor in the Kremlin state-run gas with Russian officials. The press has Madam Speaker, I yield to the gen- company, Gazprom, and has a direct fi- noted that the meetings are not un- tlewoman from California (Ms. MAXINE nancial interest in ending American usual but that public concern is height- WATERS), the distinguished Congress- sanctions against the company. He re- ened because they have all lied about woman. cently revealed that he met with Rus- or failed to disclose the meetings. Ms. MAXINE WATERS of California. sian Ambassador Sergey Kislyak, dur- Deutsche Bank was ordered to pay Madam Speaker, I would like to thank ing the 2016 RNC. more than $600 million in fines, includ- Congressman RASKIN for organizing And then there is Roger Stone, who ing a $425 million fine to New York’s this time, for helping to keep this Con- has worked in Ukraine. Stone an- Department of Financial Services and gress focused on this extraordinary nounced, in a speech last summer, that a $204 million fine to the U.K.’s Finan- chain of events that is taking place in he had spoken to WikiLeaks founder cial Conduct Authority for failing to our country, and for drawing attention Julian Assange. Stone also disclosed to have adequate money laundering con- to what should be a credible investiga- the press that he had been exchanging trols in place to prevent a group of cor- tion about the ties between this Presi- messages with Guccifer 2.0, the Russian rupt traders from improperly and se- dent and Vladimir Putin and the Krem- hacker that hacked the DNC last sum- cretly transferring more than $10 bil- lin. mer. lion out of Russia. Press reports indi- Why is this President so focused on And then-Secretary of Commerce cate that the Department of Justice is complimenting Putin? Wilbur Ross was a business partner of investigating this matter. Deutsche Why has he wrapped his arms around Viktor Vekselberg, a Russian oligarch Bank is Trump’s largest lender, lending him? and Putin ally, in a major financial his companies an estimated $360 mil- Why has he said he is a great Presi- project involving the Bank of Cyprus. lion. dent? Secretary of State Rex Tillerson As to oil and gas, President Trump Why does he refuse to even talk signed a multibillion-dollar agreement signed last month a bill striking sec- about the fact that Putin has invaded with Russia in 2011, on behalf of Exxon, tion 1504 of the Dodd-Frank Wall Crimea? for an oil drilling project in the Arctic Street Reform Act which required Big Why does he refuse to understand and is focused on lifting the sanctions. Oil companies to disclose the money what is being said when Putin is The New York Times reported that, they pay to foreign governments to charged to be a killer and all of the prior to his resignation, Mike Flynn drill on their lands. Striking section deaths that are taking place from op- was delivered a proposal outlining a 1504 will allow Big Oil companies like ponents of his, from people who criti- way for President Trump to lift the ExxonMobil to conduct secretive deal- cize him? Russian sanctions and broker a deal be- ings with corrupt parties, such as Well, I think the more we learn about tween Russia and Ukraine that also in- Vladimir Putin and Russia. the connections that this President cluded the public smearing of The White House attempted to enlist and his allies have, the more these Ukraine’s current President the FBI, the CIA Director Pompeo, and questions are going to become very se- Poroshenko. The deal is being pushed top Republicans on the House and Sen- rious, and it is going to lead us to have by his opposition in Ukraine. Although ate intel committees to help push back to make some big decisions about Mike Flynn is gone, the proposal re- against The New York Times reporting whether or not this President is fit to mains, along with those pushing it. on Trump’s ties to Russia. lead the United States of America. Then there is Michael Cohen, the There is DEVIN NUNES—I don’t need I have been deeply concerned about President’s personal lawyer, who was to talk about him. He issued a joint these issues for months. President involved in developing the document, statement with ADAM SCHIFF, a joint Trump, throughout his campaign and and who delivered the document. statement in January announcing that since his election, has chosen to sur- Then there is Felix H. Sater, a busi- the scope of their investigation would round himself with people who have ness associate and a former criminal include links between Russia and indi- close ties with Russia. who served time, who reportedly had viduals associated with political cam- When our intelligence agencies an- ties with the Mafia, who helped Mr. paigns. nounced their conclusion that Russia Trump scout deals in Russia. FBI Director James Comey an- interfered in our elections, I called for And then there is Andriy Artemenko, nounced on March 20, during testimony an investigation focusing on the possi- a Ukrainian lawmaker trying to rise in before the House Intelligence Com- bility of collusion between Trump’s a political opposition movement, mittee, that the FBI is investigating ‘‘Kremlin Klan,’’ that I have dubbed shaped in part by Mr. Trump’s former whether members of President Trump’s them, and the Russian Government. I campaign manager, Paul Manafort. campaign colluded with Russia to in- introduced H. Con. Res. 15, urging Con- And of course, there is our Attorney fluence the 2016 election. gress to investigate the possibility of General Jeff Sessions, who was forced DEVIN NUNES announced to the press collusion between Russia and the to recuse himself from investigations that members of Trump’s transition Trump campaign. Investigations related to the 2016 Presidential cam- team were under incidental surveil- should focus on the Kremlin Klan. paign, after it was revealed that he met lance by U.S. intelligence agencies

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.064 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2552 CONGRESSIONAL RECORD — HOUSE March 29, 2017 after the election and briefed President We even know who in the Trump have confidence once again in their Trump on March 22. However, he did campaign gave the instruction to make government. not brief ADAM SCHIFF or other House this change. Mr. RASKIN. Mr. Speaker, I yield to Intelligence Committee members, and We know that there is an ongoing my colleague from Washington State he never revealed his source. DEVIN criminal investigation by the FBI of (Ms. JAYAPAL), who is the co-convener NUNES has clearly compromised the in- possible collusion by the Trump cam- of the Progressive Caucus Special vestigation and can no longer be trust- paign in the admitted Russian inter- Order along with me. ed to lead it. vention in the attempt by Russia to Ms. JAYAPAL. Mr. Speaker, I thank In conclusion, Congress must create subvert the 2016 Presidential campaign. my colleague, Mr. RASKIN of Maryland, a comprehensive, independent, bipar- Knowing all this, it is impossible to for his incredible leadership and for the tisan commission to expose the full ignore or to dismiss questions con- opportunity to continue to lead the truth of Trump’s ties to Russia. I be- cerning the credibility of the adminis- Special Order hour for the Progressive lieve that, once we have fully inves- tration, and, certainly, we must ask Caucus here every week. And every tigated Trump’s Kremlin Klan, we will questions regarding its legitimacy as week we do try to pick a different find that there was collusion between well, if there is persuasive evidence topic. President Trump and Russia to violate that crimes were committed in For those of you in the audience, we the integrity of our elections. colluding with Russia to subvert the pick a different topic, and this evening At that point, the Republicans in election. that topic is the ties to Russia of this Congress will have no choice but to put administration. b 1730 country ahead of party. I say impeach Yesterday, Sean Spicer told veteran Donald Trump. We have a duty to resolve this ques- White House correspondent April Ryan I thank you so much, as we witness tion, to get answers, to pursue the that she was ‘‘going to have to take what attempts to be a coverup now truth, and to remove any cancer that ‘no’ for an answer’’ when she asked him about all of this. we may find. about the President’s collusion with Mr. RASKIN. Madam Speaker, I want A few weeks ago, the Judiciary Com- Russia. to thank Ms. WATERS for her zealous mittee considered a resolution of in- Well, Mr. Spicer, we are here to tell work on behalf of her constituents and quiry that I introduced dealing with a you that we will not just take ‘‘no’’ for all Americans. number of issues, including the Presi- an answer. We are not going to sit back Madam Speaker, I yield to the gen- dent’s conflicts of interests, his pos- and believe everything that is coming tleman from New York (Mr. NADLER), sible violations of the Constitution’s out from the White House when there our distinguished colleague, who is a Emoluments Clause, and any informa- leading member of the House Judiciary is mounting evidence that President tion about possible criminal or coun- Trump’s campaign may have colluded Committee. terintelligence investigations related Mr. NADLER. Madam Speaker, there with Russia to tip the election in his to the President and/or his associates. is an obvious cancer at the heart of the favor. Yet, to date, the Republicans have op- credibility, perhaps even of the legit- And for those of you who saw the Ju- posed our amendments and voted down imacy, of the Trump administration. diciary Committee today, we had a res- our resolutions of inquiry, in effect, ab- That cancer consists of questions per- olution of inquiry from Representative dicating their constitutional obliga- taining to the relationship of this ad- HAKEEM JEFFRIES and TED LIEU about tion to provide oversight and enforce ministration with Russia. this very issue in relation to Attorney We know that the Russians inter- the law. General Jeff Sessions and his ties to vened in the last election with the goal Now we have the spectacle of the Russia. of advantaging Trump’s campaign over chairman of the House Intelligence Let’s not forget that President Hillary Clinton. We know that there Committee conducting an obvious Trump’s former national security ad- were numerous Trump campaign tran- coverup, failing to share important in- viser and campaign adviser only lasted sition team and administration offi- formation with members of the com- a record-setting 24 days in the role be- cials in contact with the Russians— mittee—information, I would add, that cause he blatantly lied about meeting prior to, during, and after the cam- revealed President Trump’s allegations with Russia’s Ambassador, Sergey paign. against former President Obama as Kislyak, during the campaign. We know that there is a pattern of completely false—while inappropri- So what other ties to Russia have these individuals at first denying such ately briefing people at the White been confirmed? contacts but later, after being forced to House on the committee’s investiga- There are so many of these ties that come clean, admitting them. tion, the very same people who are the I thought it might be helpful to have a Examples to date include: former Na- subjects of the investigation. diagram and to really show exactly tional Security Adviser Michael Flynn, This is so absurd, so inappropriate, what the connections have been be- Attorney General Jeff Sessions, and and beyond belief that it is tough to tween top Trump officials during the Roger Stone, who admitted that he was accept the reality of the situation. campaign who are now the same offi- in contact with Guccifer 2.0, the hacker Sadly, this isn’t a television drama we cials that are serving in the White that the CIA says is a Russian front for can turn off or walk away from. The in- House and are the President’s close and military intelligence. tegrity of our democratic system of personal confidants. The fact that a We know that the Attorney General government is at stake. diagram is even necessary tells us gave false testimony, deliberate or oth- What we need is honesty. The Amer- something. erwise, to the Senate regarding meet- ican people must have faith in the in- Let’s start at the top with the Presi- ings with Russian officials. tegrity of our government, and it is our dent himself. We know that President Trump has job to ensure it. It is time for answers. President Trump has a long history financial ties with Russia. Although he If there is no evidence of misconduct, with Russia. His first trip to Moscow denies it, we now know that there are then we should move on. But if the was actually 30 years ago. He went to large Russian investments in The truth reveals a conspiracy, if there is explore potential real estate opportuni- Trump Organization. The President’s proof of criminal conduct, Donald ties. His relationship with the country son, Donald Trump, Jr., said a few Trump must be held accountable, and has clearly grown. years ago that money was ‘‘flowing in’’ the people around him must be held ac- In the late 1990s, Trump started from Russia. That obviously can have a countable, and we must act. banking with Deutsche Bank, which major influence on the President and There is no superior way to get at the has since been investigated for fun- on the decisions of his administration. truth and to fulfill our duty to the peo- neling Russian money offshore. We know that there was a change in ple of this country than to have an Soon after that, he linked up with a the Republican platform dealing with independent investigatory commission Russian company called the Bayrock Ukraine to favor Russia, a change that established beyond any partisan con- Group, which has ties to the Mafia and was engineered by the Trump cam- trol. So I urge that that be done so to criminal interests in Russia. Their paign. that the people of this country can partnership was integral to helping to

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.065 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2553 expand The Trump Organization to new And now President Trump’s son-in-law, ment, then that is an enormous dis- heights, with properties springing up who has become one of his top advisers, service to our democracy, and, of across the country. is under investigation as well for his course, there are constitutional rami- His ties to Russia only grew deeper. actions during the campaign. fications for all of this. In the late 2000s, several Russian busi- Not only did Jared Kushner meet This administration has tried to tell nessmen bought properties from The with Ambassador Kislyak, he met with us that the conversations between Trump Organization, netting them the Russian bankers as well. And the Trump’s advisers and high-level Rus- hundreds of millions of dollars in prof- White House has claimed that the sian businessmen and officials were it. meetings were ‘‘diplomatic,’’ but it is about diplomacy. Yet this shroud of se- Now, let’s fast-forward to 2016 when deeply troubling that one of the bank- crecy that continues every time we try then-candidate Trump was building his ers that he met with was Sergey to get information, every time we try team. He brought on Carter Page, who Gorkov. to make sure that there is an inde- is now under investigation for commu- I want to be clear about who this per- pendent, bipartisan investigation, the nicating with Russian officials. And, in son is. He is a graduate of the Russian shroud of secrecy continues, and it fact, it was the Trump campaign’s Academy of the Federal Security Serv- begs the question: If this is really former manager, Corey Lewandowski, ice, which is an academy that is tasked about advocating for the interests of who gave Carter Page the green light with training individuals to become the American people and not the Rus- to visit Moscow just last July. A cou- members of Russia’s security and intel- sian Government or the pocketbooks of ple of weeks later, Mr. Page met with ligence forces. He is now the chairman Cabinet members, then why the se- Sergey Kislyak, but he said that he of the Vnesheconombank, and he was crecy? What is there to hide? will not reveal the details of that con- appointed by Putin, himself. This is We don’t understand that. If there is versation to the public. not a mom-and-pop bank. This is a nothing to hide, then let us have the This is a very important, consistent state-owned corporation that has been information. There have been plenty of fact that we see. Our resolution of in- under sanctions by the United States requests to do that in a classified way quiry today that we debated in the Ju- for the past 3 years. And that is a big in case there is some information that diciary Committee was about the re- deal. is classified. lease of information so that we under- Jared Kushner, whose family is But why are the President’s cam- stand what is going on. Without any worth nearly $2 billion, has real estate paign advisers and officials denying accusations, what we are trying to say interests around the world, sat down, under oath that they have commu- is let us investigate what these ties allegedly under the auspices of his role nicated with Russia only then to be are, what the conversations were, and with the President, to chat with this forced to walk back their statements let us determine, in an independent, bi- owner of the bank. A spokesperson for or recuse themselves, as Jeff Sessions partisan way, let us determine that the Kremlin has alleged that this meet- had to do, or to even resign? there has not been collusion, and let us ing was ‘‘absolutely the bank’s prerog- Foreign policy is key to American in- make sure that there is no foreign gov- ative’’ and that the Russian Govern- terests, but these backroom conversa- ernment that is affecting our ment was unaware of the meeting. tions and subsequent lies are doing We need more information to know democracy. nothing to make the American people what happened in that meeting be- So various members of Trump’s team feel confident in an administration cause, otherwise, where there is smoke, met with Russian officials during the that is supposed to represent them. It we think there is fire. So we need to campaign. But Attorney General Jeff is clear that there is a strong tie here have the information so that we can Sessions didn’t just meet with officials, that was only strengthened during the actually determine what is happening he lied about meeting with officials campaign. during his confirmation hearing. with these connections because, if But let’s be very clear about what is And again, the top prosecutor in the somebody from the Trump campaign the connective tissue in all of this, in United States of America lied under and the Trump administration is meet- all of these lines that go back and oath during a confirmation hearing. ing with Russian officials and they forth. What is the connective tissue This cannot be ignored. don’t want to tell us why or what is that connects all of this? It is money. Once again, we are not saying don’t discussed, then we have to start won- have conversations, but don’t lie about dering whether the conversations are How did we get to this point? them. Don’t make us wonder what hap- in the interest of the American people Of course, we remember the hacking pened during those conversations. How or in the interest of the Russian Gov- of the election that occurred last year. do we trust the Attorney General of ernment. It is in the process of being inves- the United States of America to fairly We also have Rex Tillerson, Presi- tigated, even though the chairman of and impartially preside if he has shown dent Trump’s Secretary of State, who the Intelligence Committee feels that that he is willing to make false state- has strong business ties to Russia and his first duty is to the President and ments just to get the job? was awarded the Order of Friendship not to the members of the committee. He is not the only high-level Trump from Vladimir Putin in 2013. This is the But last year, President Trump de- official who has been blatantly dis- highest honor that Russia can bestow fended Vladimir Putin by placing the honest with the American people. Mi- on noncitizens. Just 2 years prior, blame on the Democratic National chael Flynn, the former national secu- Tillerson had struck a massive $500 bil- Committee to distract the American rity adviser, was put in place by Presi- lion oil deal with the Russian Govern- people; and then, in July, he outright dent Trump and resigned due to the ment. urged Russia to hack Hillary Clinton’s shady backdoor dealings that put him Now, we could go on and on with this, emails, saying: ‘‘Russia, if you are lis- in the pocket of Russian officials. He but what is important for the Amer- tening, I hope you are able to find the was paid $45,000 to attend a state-spon- ican people to understand is that we 30,000 emails that are missing.’’ sored gala dinner and sit at the table of have expectations that the President of In December, a CIA assessment con- Vladimir Putin. the United States and that his Cabinet cluded that Russia was trying to help These connections are more than just are working in the interests of the then-candidate Trump win the elec- mere coincidence. American people. tion. Why? Because they know that And in addition to Flynn, Page, and We have expectations that, if a deal they have an ally in President Trump. Sessions, there are several others who is struck, it is not for the benefit of They have someone who is willing to have been implicated: Trump’s former some other country or for the personal do business with them, even if it may campaign manager, Paul Manafort; benefit of any individual in office, but not be in the best interests of the former campaign adviser, Roger Stone; that it is for the public’s benefit. And American people. They know that they his personal lawyer—all of these folks if a deal is struck that takes benefit are well connected at every level of his are up here—his personal lawyer, Mi- away from the public in order to give it administration. chael Cohen, are all under investiga- to a foreign government or to an indi- And let’s be clear about who we are tion for their connections to Russia. vidual personal interest of our govern- talking about with Mr. Putin. This is a

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.066 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2554 CONGRESSIONAL RECORD — HOUSE March 29, 2017 dictator, a human rights abuser, some- down on our demands. Representative there, a dictator, a despot, someone body whom Republicans and Demo- NUNES should recuse himself from this who orders out for the assassination of crats, alike, have said we cannot be as- investigation. There is no way we can his political enemies. Many of them sociated with. expect a full and impartial investiga- were arrested. Hundreds of them were b 1745 tion after what has just occurred. arrested in Moscow, and some of them This should not be a partisan issue. are still in jail right now. You have heard of ‘‘The Manchurian Every Member of Congress, Republican Mr. Speaker, we should be on the side Candidate.’’ In the most recent elec- and Democrat, should be demanding to of the protesters in Russia. That is who tion, we may have ended up with the know the facts. We are not making we are as America. We are a nation Kremlin candidate, and the script truly judgments. We want to know the facts. conceived in revolutionary insurgency writes itself. If there are facts that we don’t know against corruption, against monarchy, We were hoping to have a chance to that say, no, there were very legiti- against dictators and autocrats and get to the bottom of this, as I said. We mate conversations, there was no col- theocrats and kleptocrats who steal were hoping to have a chance to get to lusion, then we are done. Why tie up from the people. That is who we are. the bottom of this in a hearing in the the airwaves with this? We should be meeting with them. We House Intelligence Committee, but we So tonight, as we think about where should be meeting with the human never got the chance. we are in this debate and we think rights activists. We should be meeting Last Tuesday, Representative NUNES about the fact that, for 3 months, this with the anticorruption marchers who went to the secret briefing in a Na- administration has been under the are putting themselves on the front tional Security Council facility, and shadow of secrecy, under the shadow of lines of history. We should be meeting what he found apparently wasn’t good mistrust from the American people, with the dissenters and the critics of for the President because he ran over there is a very easy way to clear all of Vladimir Putin and the oligarchs and there to tell the President. Instead of the names of the people who are on this big business kleptocrats who surround doing his duty and reporting the infor- list, including the President of the him. But, instead, our government has mation to the House Intelligence Com- United States, and that is to ensure aligned with Putin himself, with the mittee, he went straight to the White that we have an independent investiga- insiders in Russia. That is totally anti- House with his findings. And he is sup- tion; to ensure that Representative thetical to the design of America, when posed to be chairing an investigation NUNES recuses himself and steps down you think about it. into what happened, not being the run- as the chair of the Intelligence Com- Mr. Speaker, we have the great good ner for information to the President. mittee, given what has happened; and After briefing President Trump, Rep- fortune to go to work every day sur- to ensure that, at the end of the day, rounded by portraits of people who resentative NUNES canceled the hear- we remember that the Government of ing, denying Americans the oppor- built this country, like George Wash- the United States of America, the ington, who is right over there. We tunity to hear from former Acting At- President of the United States of torney General Sally Yates. And Rank- have got portraits of Thomas Jefferson. America, the Congress of the United We have got portraits of Frederick ing Member JIM HIMES was right when States of America, our one duty is to he said that ‘‘the Monday hearing last Douglass. We have got portraits of represent the people of the United Abraham Lincoln, who actually served week was, I’m sure, not to the White States of America. House’s liking.’’ in this body and, when he was here, Mr. Speaker, I thank the gentleman spent a lot of his time railing about a He went on to say: ‘‘Since Monday, from Maryland (Mr. RASKIN) for his I’m sorry to say, the chairman,’’ Chair- war that was concocted with lies by leadership. President James Polk, the Mexican man NUNES, ‘‘has ceased to be the Mr. RASKIN. Mr. Speaker, I thank War. chairman of an investigative com- Congresswoman JAYAPAL for her fan- mittee and has been running inter- tastic leadership for the people of But Lincoln knew how delicate and ference for the Trump White House.’’ Washington in the city of Washington precious and precarious an enterprise This is absolutely unacceptable. The and her zealous advocacy for all of the democracy is. In the Gettysburg Ad- fact that we are questioning whether American people. dress, he posed the question of how or not several members of the Presi- Mr. Speaker, let me try to recap long government of the people, by the dent’s Cabinet—not just one, not even some of the themes that we have people, and for the people can last. Will just two, but several members of the brought up this evening and talk about it perish from the Earth? And he put President’s Cabinet, including the what is really at stake here. But I want the question to the people because, he President, himself—are guilty of collu- to start with some good news, because said, it is up to us. sion with a foreign government is a there was really some great news out Democracy is a rarity in human his- downright outrage. of Russia on Sunday, where more than tory. Democracy is not the norm. That In my home district, the Seventh 75,000 people across the country braved is why America is a miraculous experi- District of Washington State, I have the tyranny and despotism of their ment on Earth. If you don’t do any- been receiving numerous calls, hun- government to go out into the streets thing, you are going to end up with dic- dreds of calls from constituents since to express their commitment to democ- tators and despots and kleptocrats who day one, saying: How can this be hap- racy, human rights, and against cor- steal from their own people, like Vladi- pening in this democracy? How is this ruption. mir Putin. possible in America? How do we make They were focused very specifically But America started a different way. sure that our government is rep- on some of the oligarchs who surround The first three words of our Constitu- resenting us and not a foreign entity? Vladimir Putin. One of them, Prime tion are ‘‘We, the people.’’ We, the peo- Why is it that somebody would lie Minister Medvedev, it has just been ple; we flipped the whole design. Before about whether or not they had a con- learned, has amassed more than $1 bil- that, the whole theory was that the versation with the Russian Govern- lion, as a public servant, in mansions, king had the power, and the king got ment if there was nothing to hide? in vineyards in Italy, in fancy cars, in power directly from God; and every- People are losing faith in the United jewelry—$1 billion. And the people of body was a subject of the king, and ev- States Government. It is a crisis of de- Russia are up in arms about the cor- erybody served the king. mocracy when people can’t trust that ruption, the kleptocracy, the stealing Our Founders had the vision, in that their government is actually trying to from the Russian people, which is in- outburst of enlightenment and enthu- get to the bottom of what is going on creasingly impoverished by the impe- siasm, to say, no, we are going to try and actually representing the interests rial designs and the corrupt practices something different: of the American people. of Putin and his team. We are going to start a government The White House may have a friend So tens of thousands of people went based on we, the people, and we are in Representative NUNES, but I want into the streets to protest. These are going to separate church and state; and the American people to know that they brave people, because you are talking we are not going to dictate to people have a friend in us. We won’t back about an authoritarian government their religious worship, and we are not

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.068 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2555 going to dictate to people their polit- Saudi Arabia, fomenting racist, anti- well, there is no evidence that Russia ical beliefs. There is going to be free- Semitic propaganda and sending it out, did this. Well, guess what? The evi- dom of thought and freedom of speech. oppressing people based on religion, dence is replete. It is decisive. It is de- We don’t trust the collapse of all not even allowing women to drive in terminative. powers into one, which Madison said their society. b 1800 was the very definition of tyranny. We Everywhere you turn, tyranny, des- are going to separate powers. The legis- potism on the march. Now we are not hearing from our lature, Congress, will come first, Arti- And Mr. Putin has a plan. How do we friends on the other side: Well, Russia cle I. It will represent the people. But know it? Do we know it from the didn’t do this. then we are going to have someone else Democratic Caucus or the Republican Now they are saying something dif- execute the laws of the people, faith- Conference? No. We know it from our ferent: Well, Russia may have done fully execute the laws of the people. intelligence agencies, from the FBI, that. It may have been this massive, That will be the President. And when the CIA, the National Security Agency, orchestrated campaign to undermine there are disputes, they will be adju- the Defense Intelligence Agency. and subvert our elections, but there is dicated in a third branch of govern- Seventeen of America’s intelligence no proof that that was actual collusion ment, by the Supreme Court, to figure agencies came back with a report, and by the Trump campaign. it out. they said Vladimir Putin has a plan to About that, I want to say two things. But we are going to separate the continue to destabilize and undermine Number one, it shouldn’t make any dif- powers, because when one guy has got liberal democracy all over the world. ference. Let’s say nobody in the Trump all the power, it endangers the free- Brexit was part of it. The interven- campaign knew anybody in Russia and doms and the liberties of everybody tion in our election was part of it. never heard of Vladimir Putin. It else. We even said, even though our They are going after France, where would make no difference because we President is limited by the separation they want the rightwing, ultra nation- should still view this as a radical of powers, we are going to make sure alist, anti-immigrant campaign of Ma- threat to the political sovereignty of that the President and also the Mem- rine Le Pen to triumph in France. the American people. bers of Congress will have an undi- They are trying to do it in Germany, But the second answer is even more vided, zealous loyalty only to the which is now the strongest outpost of important. As all of my colleagues American people. liberal democracy left on Earth, as of were pointing out before, every day we Article I, section 9 says we cannot yet, uncontaminated by the penetra- get more evidence not just of contacts accept presents, emoluments, which tion of Russian intelligence and and connections, but actual collabora- are any kind of payments, offices, or ti- Putin’s agents. tion and cooperation between people in tles from foreign princes, foreign But what did they do to us? What is the Trump campaign, the Trump fam- kings, or foreign states, period. We this all about? ily, and the Trump universe with can’t accept them without the approval Well, we had an election in 2016. The Vladimir Putin and his closest agents of Congress. It doesn’t go. sovereign people of America had an and assets throughout Russia and There were all kinds of powers that election. Now, unfortunately, we are around the world. were sending spies and saboteurs to still using the electoral college, which Let’s just recap a few of those: Washington, when the country first is antiquated and obsolescent. There is former national security adviser Mi- began, to try to pay off elected offi- a movement to change it afoot to the chael Flynn was forced to resign, or I cials, but our Founders had the vision national popular vote. But be that as it guess he was fired by President Trump to say: No, we are not going to accept may, that is our system. We haven’t re- after he failed to disclose the scope of that. We are not going to allow pay- formed it yet. It is our system. It is our his contacts with Russians, including ments and bribes and fancy presents elections here in America. But the Ambassador Kislyak. He was paid more being given to our elected officials. electoral college makes it more vulner- than $33,000 in 2015 by Russian-funded So one government, separated pow- able because you just have to intervene propaganda media, and the full extent ers, based on public integrity, honesty, in a handful of States in order to sway of his relationship to the Russians is and devotion to the people. That is the the vote. still being investigated. model here. What did Putin do? Again, we know Attorney General Jeff Sessions was Now, we should be on the side of this. I am not making this up. We forced to recuse himself from this democratic movements all over the know this from our intelligence agen- whole matter because he met several Earth, like the people who assembled cies. If you don’t believe me, you go to times with Ambassador Kislyak, who in Moscow on Sunday, who assembled your computer and you just look up has been described as Russia’s top spy in Siberia on Sunday. There were the intelligence agency report on Rus- in America during the 2016 election. marchers even there. It was like our sian interference and espionage and Then—I will speak charitably here—he Women’s March. It took place all over sabotage in our 2016 election. misled his own colleagues in the Sen- the country. Those are our people. We And what did they do? ate about it at his Senate confirmation should be on the side of the people who They spied on different Democratic hearing raising the issue and then de- are trying to overthrow the despotism institutions, like the Democratic Na- nying that he had had any contact with in Russia. tional Committee, and they spied on the Russians at all. But look what is happening. Tyranny particular people. Senior adviser and son-in-law Jared and authoritarianism are on the march They engaged in not just cyber espio- Kushner met with the Russian Ambas- all over the world. Russia is the head- nage, but cyber sabotage. sador at Trump Tower a few months quarters of it, but you can find it ev- They orchestrated a series of leaks ago in December of 2016. We have got erywhere you look: which dominated election coverage in former Trump campaign foreign policy Philippines, a madman dictator who the United States for several weeks. adviser Carter Page, who has admitted thinks he has the power to send his They orchestrated a campaign of that he met with the Russian Ambas- agents out to go and shoot people on fake news and propaganda in order to sador and other Russians in Cleveland the street because they look like they undermine Hillary Clinton, who was re- at the Republican National Convention are a drug dealer and brags about it, viled—and is reviled, presumably—by and met with managers from Rosneft, Duterte; Vladimir Putin because she challenged the Russian-owned oil company. He Hungary, another favorite of Vladi- him, and she challenged the human himself owns shares of a Russian en- mir Putin, Mr. Orban, who is cracking rights situation in Russia and the in- ergy company called Gazprom. down on press freedom, on human volvement of Russia with various dic- Roger Stone, Trump’s longtime rights in his country; tators in other parts of the world. So buddy and political adviser, was work- Iran, authoritarian, theocratic state; they interfered in our election. ing with WikiLeaks, which published people being thrown in jail for blas- When I first got to Congress, that documents during the election based on phemy, for heresy, for apostasy, for re- was still being disputed. When we tried information divulged because of Rus- ligious offenses; to talk about this, it was being said, sian interference and espionage that

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.070 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2556 CONGRESSIONAL RECORD — HOUSE March 29, 2017 tilted the scales again in favor of jective 9/11-style commission—no Who has got the strongest economy Trump in the campaign, and he hosted Democratic politicians, no Republican on Earth? a series on the Russian propaganda politicians, and no elected officials. We do, the freest, the original democ- network. Let’s agree on gifted statesmen and racy. We have got the strongest econ- Paul Manafort, Trump’s campaign stateswomen who can really get to the omy. manager for 6 months, was an adviser bottom of this if we care about the Who has got the strongest military? to Ukrainian oligarchs who got sweet- truth. Their answer has been: No, we We do. heart business deals from Putin’s asso- have got the Intelligence Committee to Russia can’t come close. But the way ciates. He was also a business partner do it instead. I understand what happened in 2016 was of Russian oligarchs close to Putin. He But now what we have got is the In- that Vladimir Putin—who is not an resigned in August of last year after re- telligence Committee chair traveling honest man, but he is a clever man— ports surfaced that suggested that he back and forth to the White House, decided that this was a moment of op- had received $12.7 million from spilling the beans, which undermines portunity for Russia. He is the former Ukraine’s pro-Russia former president everybody’s confidence in the integrity chief of the KGB. Let’s not forget that. Viktor Yanukovych. He was on the of the investigation that is taking He is the guy who said that the great- payroll for $10 million, it has just come place into the Russian connection and est catastrophe of the 20th century was out, in order to promote the Russian what actually happened in the 2016 the collapse of the Soviet Union. He is perspective and Putin’s propaganda in election. an irredentist imperialist who wants to Washington, D.C., and throughout the Mr. Speaker, in the American system go back and reconstruct the Russian United States in order to change the of government, elected officials have to empire. course of U.S. politics. have undivided loyalty to the Amer- But what he saw was an opportunity, Now, I am sorry to put these out ican people. That is why we have got which is that today the whole world is there as a bunch of clues. I wish we had the Emoluments Clause: no presents, linked, and it is linked by the internet. a coherent story to tell. We don’t, be- no emoluments, no offices, and no ti- He created something that I think of as cause what we need is a comprehensive tles from foreign governments. That is a Manhattan Project for military con- 9/11-style independent investigation to why we swear an oath to the Constitu- quest and defeat of the liberal democ- figure out what precisely happened. In tion of the United States of America. racies in the 21st century. America you are presumed innocent Each one of us who has the great honor He set about to figure out this ques- until proven guilty. Nobody is putting and privilege of coming to Washington, tion: How can we undermine and sub- any of these people in jail, but it has D.C., to represent the people swear an vert the liberal democracies? come out, despite their best efforts in oath to our Constitution and to our These are open societies. America is some cases, that they are up to their people. an open society. We pride ourselves on necks in the Russian connection. We are not a country, like so many, the First Amendment, on freedom of What does that mean for American that are defined by one religion. We are speech, and on free dialogue and discus- democracy? not defined by one race. We are not de- sion. What we know is there was a massive fined by one ethnicity. We are not de- So he said to himself: How can I sub- independent expenditure in 2006. That fined by one political party. We are not vert and undermine that? is what we call it under our FEC law defined by one political ideology. We The answer became very clear: to when you go out and spend money to are defined by one Constitution. That create—really on the cheap, because try to destroy one candidate and help is what unifies us as Americans. We compared to military might, this is another. There was a massive foreign must be constitutional patriots here pennies on the dollar—he was going to independent expenditure orchestrated and insist upon our constitutional val- create an internet army, in effect, to by Vladimir Putin. ues and the rule of law for democracy try to undermine and subvert our de- The question is: Was it, in FEC to be meaningful in the 21st century. mocracy with fake news, with propa- terms, a coordinated expenditure? That There is a new model of tyrannical ganda, and with paid trolls to get infor- is, did the Trump team actively work government traveling all over the mation out to try to destroy the rep- with them? world, and all the bullies and despots utations of opposition politicians and As we are saying, there are lots of have found each other. They are in to try to promote the parties that he clues that suggest it is so. I am not league together. They want govern- viewed as ‘‘within his camp.’’ willing to say that they were definitely ment as a moneymaking operation. Guess what? in cahoots with them. I am not willing They want government as a money- It still is going on today. It is still to say that they were necessarily col- making operation for private elites in happening. We are not talking about laborating the election. But the evi- their country, whether it is in Russia ancient history. We are talking about dence accumulates every single day or the Philippines or Saudi Arabia. Sad an ongoing project. That is why I am that points in that direction. to say, we are starting to see the devel- proud to be a member of the minority Now every day in Washington, D.C., opment of that right here in the United caucus here, the Democratic Party what we are doing is running around States of America. caucus, which is insisting that we cre- because there is a coverup that has So we have the opportunity and we ate an independent, objective, neutral, been unfolding. Today, of course, we have the responsibility to exercise our 9/11-style commission to investigate are dealing with a resolution in the rights as citizens under the First the Russian connection and what hap- House Judiciary Committee to try to Amendment and to exercise our privi- pened with the attack on American de- get to the bottom of what Chairman leges as Members of Congress under the mocracy in 2016. NUNES of the House Intelligence Com- speech or debate clause to speak up We have got to get to the bottom of mittee actually did when he ran over against the march of tyranny all over it. Two-thirds of the American people to the White House with some informa- the Earth. We have got an obligation in public opinion polls say that they tion that he had about Trump appar- to resist the corruption—the same cor- support such a commission. There is ently being picked up incidentally in ruption that the people in Russia were nobody who would oppose it except for conversations that were being tapped marching against on Sunday. We must somebody who has got something to by the American intelligence commu- demand real answers about what took hide. But for the rest of us, we have nity with foreign operatives. Again, it place in our Presidential election in every reason to get to the bottom of is shadowy because we don’t know the 2016. The intelligence agencies warned this plot to destroy our election in whole thing. But what we do know is us that what happened in 2016 was a 2016, and we have every reason to de- that Chairman NUNES went to the dress rehearsal for what is going to fend this great constitutional democ- White House to tell President Trump happen the next time and the time racy with everything we have got. or his deputies before he told anybody after that. Mr. Speaker, I yield back the balance here in Congress. I want to say something about the of my time. Now, we have been saying from the geopolitics of this. Think about it for a The SPEAKER pro tempore (Mr. beginning we want an independent, ob- second: ARRINGTON). Members are reminded to

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.072 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2557 refrain from engaging in personalities p.m.), under its previous order, the REPORTS OF COMMITTEES ON toward the President. House adjourned until tomorrow, PUBLIC BILLS AND RESOLUTIONS f Thursday, March 30, 2017, at 9 a.m. Under clause 2 of rule XIII, reports of CONTINUATION OF THE NATIONAL f committees were delivered to the Clerk EMERGENCY WITH RESPECT TO EXECUTIVE COMMUNICATIONS, for printing and reference to the proper SIGNIFICANT MALICIOUS CYBER- ETC. calendar, as follows: Mr. ROE of Tennessee: Committee on Vet- ENABLED ACTIVITIES—MESSAGE Under clause 2 of rule XIV, executive FROM THE PRESIDENT OF THE erans’ Affairs. H.R. 369. A bill to eliminate communications were taken from the the sunset of the Veterans Choice Program, UNITED STATES (H. DOC. NO. 115– Speaker’s table and referred as follows: and for other purposes, with an amendment 26) 932. A letter from the Secretary, Depart- (Rept. 115–65). Referred to the Committee of The SPEAKER pro tempore laid be- ment of Defense, transmitting a letter on the the Whole House on the state of the Union. fore the House the following message approved retirement of Lieutenant General Mr. CHAFFETZ: Committee on Oversight from the President of the United Wendy M. Masiello, United States Air Force, and Government Reform. H.R. 194. A bill to and her advancement to the grade of lieuten- ensure the effective processing of mail by States; which was read and, together Federal agencies, and for other purposes with the accompanying papers, referred ant general on the retired list, pursuant to 10 U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 (Rept. 115–66). Referred to the Committee of to the Committee on Foreign Affairs (as amended by Public Law 104-106, Sec. the Whole House on the state of the Union. and ordered to be printed: 502(b)); (110 Stat. 293); to the Committee on Mr. CHAFFETZ: Committee on Oversight Armed Services. and Government Reform. H.R. 657. A bill to To the Congress of the United States: amend title 5, United States Code, to extend Section 202(d) of the National Emer- 933. A letter from the Secretary, Depart- ment of Defense, transmitting a letter on the certain protections against prohibited per- gencies Act (50 U.S.C. 1622(d)) provides approved retirement of Lieutenant General sonnel practices, and for other purposes, for the automatic termination of a na- Christopher C. Bogdan, United States Air with an amendment (Rept. 115–67). Referred tional emergency unless, within 90 Force, and his advancement to the grade of to the Committee of the Whole House on the days prior to the anniversary date of lieutenant general on the retired list, pursu- state of the Union. ant to 10 U.S.C. 1370(c)(1); Public Law 96-513, Mr. CHAFFETZ: Committee on Oversight its declaration, the President publishes and Government Reform. H.R. 679. A bill to in the Federal Register and transmits to Sec. 112 (as amended by Public Law 104-106, Sec. 502(b)); (110 Stat. 293); to the Committee amend title 41, United States Code, to im- the Congress a notice stating that the prove the manner in which Federal contracts emergency is to continue in effect be- on Armed Services. 934. A letter from the Principal Director, for design and construction services are yond the anniversary date. In accord- Force Resiliency, Office of the Assistant Sec- awarded, to prohibit the use of reverse auc- ance with this provision, I have sent to retary for Readiness, Department of Defense, tions for design and construction services the Federal Register for publication the transmitting the National Guard and Re- procurements, and for other purposes; with enclosed notice stating that the na- serve Equipment Report for Fiscal Year 2018, amendments (Rept. 115–68). Referred to the Committee of the Whole House on the state tional emergency declared in Executive pursuant to 10 U.S.C. 10541(a); Public Law 101-510, Sec. 1483(a) (as amended by Public of the Union. Order 13694 of April 1, 2015, is to con- Mr. CHAFFETZ: Committee on Oversight Law 112-81, Sec. 1070); (125 Stat. 1592); to the tinue in effect beyond April 1, 2017. and Government Reform. Authorization and Committee on Armed Services. Significant malicious cyber-enabled Oversight Plans for all House Committees 935. A letter from the Secretary, Depart- (Rept. 115–69). Referred to the Committee of activities originating from, or directed ment of Defense, transmitting a letter on the the Whole House on the state of the Union. by persons located, in whole or in sub- approved retirement of Lieutenant General stantial part, outside the United Mr. HENSARLING: Committee on Finan- Kevin W. Mangum, United States Army, and cial Services. H.R. 1219. A bill to amend the States, continue to pose an unusual his advancement to the grade of lieutenant Investment Company Act of 1940 to expand and extraordinary threat to the na- general on the retired list, pursuant to 10 the investor limitation for qualifying ven- tional security, foreign policy, and U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 ture capital funds under an exemption from economy of the United States. There- (as amended by Public Law 104-106, Sec. the definition of an investment company fore, I have determined that it is nec- 502(b)); (110 Stat. 293); to the Committee on (Rept. 115–70). Referred to the Committee of Armed Services. the Whole House on the state of the Union. essary to continue the national emer- 936. A letter from the Secretary, Securities gency declared in Executive Order 13694 Mr. HENSARLING: Committee on Finan- and Exchange Commission, transmitting the cial Services. H.R. 1343. A bill to direct the with respect to significant malicious Commission’s Major final rule — Amend- Securities and Exchange Commission to re- cyber-enabled activities. ment to Securities Transaction Settlement vise its rules so as to increase the threshold DONALD J. TRUMP. Cycle [Release No.: 34-80295; File No.: S7-22- amount for requiring issuers to provide cer- THE WHITE HOUSE, March 29, 2017. 16] (RIN: 3235-AL86) received March 28, 2017, tain disclosures relating to compensatory pursuant to 5 U.S.C. 801(a)(1)(A); Public Law f benefit plans (Rept. 115–71). Referred to the 104-121, Sec. 251; (110 Stat. 868); to the Com- Committee of the Whole House on the state JOINT RESOLUTIONS PRESENTED mittee on Financial Services. of the Union. TO THE PRESIDENT 937. A letter from the Chief, Pricing Policy Division, Wireline Competition Bureau, Fed- f Karen L. Haas, Clerk of the House, eral Communications Commission, transmit- PUBLIC BILLS AND RESOLUTIONS reported that on March 27, 2017, she ting the Commission’s final rule — Com- presented to the President of the prehensive Review of the Part 32 Uniform Under clause 2 of rule XII, public United States, for his approval, the fol- System of Accounts [WC Docket No.: 14-130]; bills and resolutions of the following lowing joint resolutions: Jurisdictional Separations and Referral to titles were introduced and severally re- H.J. Res. 83. Disapproving the rule sub- the Federal-State Joint Board [CC Docket ferred, as follows: mitted by the Department of Labor relating No.: 80-286] received March 28, 2017, pursuant By Mr. KILMER (for himself and Mr. to ‘‘Clarification of Employer’s Continuing to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, FARENTHOLD): Obligation to Make and Maintain an Accu- Sec. 251; (110 Stat. 868); to the Committee on H.R. 1770. A bill to expand the Govern- rate Record of Each Recordable Injury and Energy and Commerce. ment’s use and administration of data to fa- Illness’’. 938. A letter from the Executive Secretary, cilitate transparency, effective governance, H.J. Res. 69. Providing for congressional United States Agency for International De- and innovation, and for other purposes; to disapproval under chapter 8 of title 5, United velopment, transmitting twenty-one notifi- the Committee on Oversight and Govern- States Code, of the final rule of the Depart- cations of a federal vacancy and designation ment Reform. ment of the Interior relating to ‘‘Non-Sub- of acting officer, pursuant to 5 U.S.C. 3349(a); By Mr. BILIRAKIS (for himself, Mrs. sistence Take of Wildlife, and Public Partici- Public Law 105-277, 151(b); (112 Stat. 2681-614); MCMORRIS RODGERS, Mr. JONES, Mr. pation and Closure Procedures, on National to the Committee on Oversight and Govern- DUNCAN of Tennessee, and Mr. Wildlife Refuges in Alaska’’. ment Reform. GAETZ): 939. A letter from the Chief, Publications H.R. 1771. A bill to improve the organiza- f and Regulations Branch, Internal Revenue tion of the Department of Veterans Affairs, ADJOURNMENT Service, transmitting the Service’s IRB only to ensure the accuracy of health care data rule — Employee Consents (Rev. Proc. 2017- used by the Department, and for other pur- Mr. RASKIN. Mr. Speaker, I move 28) received March 27, 2017, pursuant to 5 poses; to the Committee on Veterans’ Af- that the House do now adjourn. U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. fairs, and in addition to the Committee on The motion was agreed to; accord- 251; (110 Stat. 868); to the Committee on Appropriations, for a period to be subse- ingly (at 6 o’clock and 15 minutes Ways and Means. quently determined by the Speaker, in each

VerDate Sep 11 2014 03:48 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K29MR7.074 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2558 CONGRESSIONAL RECORD — HOUSE March 29, 2017 case for consideration of such provisions as budget and passed the regular appropriations Members; to the Committee on House Ad- fall within the jurisdiction of the committee bills; to the Committee on House Adminis- ministration, and in addition to the Com- concerned. tration. mittee on Oversight and Government Re- By Mr. ROE of Tennessee (for himself, By Mr. CRIST (for himself, Mr. form, for a period to be subsequently deter- Mr. COURTNEY, Mr. THOMPSON of POLIQUIN, Ms. SINEMA, Mr. DONOVAN, mined by the Speaker, in each case for con- Pennsylvania, Mr. KINZINGER, Mr. Mr. GARAMENDI, Ms. MOORE, Ms. NOR- sideration of such provisions as fall within PRICE of North Carolina, Mr. TON, Ms. MICHELLE LUJAN GRISHAM of the jurisdiction of the committee concerned. ´ KRISHNAMOORTHI, Mr. KILDEE, and New Mexico, Mr. CONYERS, Mr. By Mr. BEN RAY LUJAN of New Mex- Mr. THOMPSON of Mississippi): BUTTERFIELD, and Mr. GRIJALVA): ico (for himself and Ms. MICHELLE H.R. 1772. A bill to authorize the creation H.R. 1780. A bill to amend the Internal Rev- LUJAN GRISHAM of New Mexico): of a commission to develop voluntary acces- enue Code of 1986 to provide a tax credit to H.R. 1787. A bill to provide that the pueblo sibility guidelines for electronic instruc- seniors who install modifications on their of Santa Clara may lease for 99 years certain tional materials and related technologies residences that would enable them to age in restricted land, and for other purposes; to used in postsecondary education, and for place, and for other purposes; to the Com- the Committee on Natural Resources. other purposes; to the Committee on Edu- mittee on Ways and Means. By Mr. MEADOWS (for himself and Ms. cation and the Workforce. By Mr. DONOVAN (for himself and Mr. GABBARD): By Mr. CHABOT (for himself and Ms. THOMAS J. ROONEY of Florida): H.R. 1788. A bill to extend the Vietnam VELA´ ZQUEZ): H.R. 1781. A bill to improve the ability of Service Medal to veterans of the Armed H.R. 1773. A bill to amend the Small Busi- the Federal Government to address synthetic Forces who participated in the S.S. Maya- ness Act to improve reporting on small busi- opioids, and for other purposes; to the Com- guez rescue operation; to the Committee on ness goals, achieve uniformity in procure- mittee on Energy and Commerce, and in ad- Armed Services. ment terminology, clarify the role of small dition to the Committees on the Judiciary, By Mr. NOLAN: business advocates, and for other purposes; and Oversight and Government Reform, for a H.R. 1789. A bill to prohibit the pay of Members of Congress during periods in which to the Committee on Small Business. period to be subsequently determined by the a Government shutdown is in effect, and for By Ms. VELA´ ZQUEZ (for herself and Speaker, in each case for consideration of other purposes; to the Committee on House Mr. CHABOT): such provisions as fall within the jurisdic- Administration, and in addition to the Com- H.R. 1774. A bill to amend the Small Busi- tion of the committee concerned. mittee on Oversight and Government Re- ness Act to provide for improvements to By Ms. GABBARD (for herself, Ms. form, for a period to be subsequently deter- small business development centers, the HANABUSA, and Mr. YOUNG of Alaska): mined by the Speaker, in each case for con- women’s business center program, the H.R. 1782. A bill to amend title 49, United sideration of such provisions as fall within SCORE program, and for other purposes; to States Code, to exempt certain flights from the jurisdiction of the committee concerned. the Committee on Small Business. increased aviation security service fees, and By Mr. O’ROURKE (for himself, Mr. By Mr. DEFAZIO (for himself and Mr. for other purposes; to the Committee on JONES, Mr. MOULTON, and Mr. YOUNG CONYERS): Homeland Security. H.R. 1775. A bill to amend part D of title By Mr. GRAVES of Missouri (for him- of Alaska): H.R. 1790. A bill to amend title 38, United XVIII of the Social Security Act to direct self, Ms. SCHAKOWSKY, and Ms. ROY- States Code, and the Internal Revenue Code the President to negotiate prescription drug BAL-ALLARD): of 1986 to establish, in the event of any war, prices and establish a formulary on behalf of H.R. 1783. A bill to revive and expand the a war tax to be collected and deposited in a Medicare beneficiaries, and for other pur- Intermediate Care Technician Pilot Program trust fund for the payment of benefits and poses; to the Committee on Energy and Com- of the Department of Veterans Affairs, and compensation to veterans of that war; to the merce, and in addition to the Committee on for other purposes; to the Committee on Vet- Committee on Ways and Means, and in addi- erans’ Affairs, and in addition to the Com- Ways and Means, for a period to be subse- tion to the Committee on Veterans’ Affairs, mittee on Armed Services, for a period to be quently determined by the Speaker, in each for a period to be subsequently determined subsequently determined by the Speaker, in case for consideration of such provisions as by the Speaker, in each case for consider- each case for consideration of such provi- fall within the jurisdiction of the committee ation of such provisions as fall within the ju- sions as fall within the jurisdiction of the concerned. risdiction of the committee concerned. committee concerned. By Ms. SCHAKOWSKY (for herself, Mr. By Mr. REICHERT (for himself and Mr. CUMMINGS, Ms. DELAURO, and Mr. By Mr. HUFFMAN (for himself, Ms. ´ SMITH of Washington): WELCH): BARRAGAN, Mr. BEYER, Mr. BLU- H.R. 1791. A bill to establish the Mountains H.R. 1776. A bill to improve access to af- MENAUER, Mr. CARTWRIGHT, Ms. to Sound Greenway National Heritage Area fordable prescription drugs; to the Com- CLARK of Massachusetts, Mr. CON- in the State of Washington, and for other mittee on Energy and Commerce, and in ad- NOLLY, Mr. DESAULNIER, Mr. ELLISON, purposes; to the Committee on Natural Re- dition to the Committees on Ways and Ms. ESHOO, Mr. GRIJALVA, Mr. sources. Means, and the Judiciary, for a period to be KHANNA, Mr. LANGEVIN, Ms. LEE, Mr. By Mr. ROHRABACHER (for himself subsequently determined by the Speaker, in TED LIEU of California, Ms. LOFGREN, and Mr. PETERSON): each case for consideration of such provi- Mr. LOWENTHAL, Ms. MCCOLLUM, Mr. H.R. 1792. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the MCGOVERN, Mr. NADLER, Ms. NORTON, enue Code of 1986 to exclude from gross in- committee concerned. Mr. PALLONE, Mr. PASCRELL, Mr. come compensation received by employees By Mr. ABRAHAM: PETERS, Ms. PINGREE, Mr. POCAN, Mr. consisting of qualified distributions of em- H.R. 1777. A bill to amend titles 10 and 32, POLIS, Mr. QUIGLEY, Ms. SCHA- ployer stock; to the Committee on Ways and United States Code, to improve and enhance KOWSKY, Mr. SCHIFF, Ms. SPEIER, Mr. Means. authorities relating to the employment, use, TONKO, Ms. TSONGAS, Ms. VELA´ ZQUEZ, By Mr. RYAN of Ohio (for himself and status, and benefits of military technicians and Mr. WELCH): Mr. COSTELLO of Pennsylvania): (dual status), and for other purposes; to the H.R. 1784. A bill to prohibit drilling in the H.R. 1793. A bill to amend title 38, United Committee on Armed Services. Arctic Ocean; to the Committee on Natural States Code, to improve the enrollment of By Ms. CHENEY (for herself, Mr. Resources. veterans in certain courses of education, and CRAMER, Mr. CHAFFETZ, Mr. MCKIN- By Mr. KINZINGER (for himself, Ms. for other purposes; to the Committee on Vet- LEY, and Mr. ROTHFUS): SINEMA, Mr. OLSON, Mr. O’HALLERAN, erans’ Affairs, and in addition to the Com- H.R. 1778. A bill to provide that an order by Mr. CUELLAR, Mr. LIPINSKI, Mr. mittee on Armed Services, for a period to be the Secretary of the Interior imposing a GOTTHEIMER, Mr. HUNTER, Mrs. MUR- subsequently determined by the Speaker, in moratorium on Federal coal leasing shall not PHY of Florida, Mrs. WAGNER, Mr. each case for consideration of such provi- take effect unless a joint resolution of ap- CURBELO of Florida, and Mr. JODY B. sions as fall within the jurisdiction of the proval is enacted, and for other purposes; to HICE of Georgia): committee concerned. the Committee on Natural Resources. H.R. 1785. A bill to require a comprehensive By Mr. SCHRADER (for himself, Mr. By Mr. COOPER (for himself, Mrs. regional strategy to destroy the Islamic MOULTON, Ms. DELBENE, Ms. SPEIER, MURPHY of Florida, Mr. LIPINSKI, Mr. State of Iraq and al-Sham and its affiliates, and Mr. COOPER): COSTA, Ms. SINEMA, Mr. BERA, Mr. and for other purposes; to the Committee on H.R. 1794. A bill to reduce the annual rate O’HALLERAN, Mr. PETERS, Mr. HIMES, Foreign Affairs, and in addition to the Com- of pay of Members of Congress if a Govern- Ms. BROWNLEY of California, Mr. mittees on Armed Services, and Intelligence ment shutdown occurs during a year, and for DESANTIS, Mr. KIND, Mr. KILMER, Mr. (Permanent Select), for a period to be subse- other purposes; to the Committee on House BUCHANAN, Mr. SCHNEIDER, Mr. quently determined by the Speaker, in each Administration, and in addition to the Com- VALADAO, Mr. RODNEY DAVIS of Illi- case for consideration of such provisions as mittee on Oversight and Government Re- nois, Mr. SCHRADER, and Mr. fall within the jurisdiction of the committee form, for a period to be subsequently deter- GOTTHEIMER): concerned. mined by the Speaker, in each case for con- H.R. 1779. A bill to provide that Members By Mr. LOEBSACK: sideration of such provisions as fall within of Congress may not receive pay after Octo- H.R. 1786. A bill to reduce the rate of pay the jurisdiction of the committee concerned. ber 1 of any fiscal year in which Congress has for Members of Congress by 10 percent and to By Mr. SENSENBRENNER (for him- not approved a concurrent resolution on the eliminate automatic pay adjustments for self, Mr. CONYERS, Mr. KATKO, Mr.

VerDate Sep 11 2014 01:57 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\L29MR7.100 H29MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 29, 2017 CONGRESSIONAL RECORD — HOUSE H2559 JORDAN, Ms. JACKSON LEE, Mr. SCOTT CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- of Virginia, Ms. NORTON, Mr. COHEN, STATEMENT lation pursuant to the following: Mr. LABRADOR, Ms. LOFGREN, Mr. Article I, Section 6 of the Constitution of JOHNSON of Georgia, Mr. NADLER, Mr. Pursuant to clause 7 of rule XII of the United States. ISSA, and Mr. CHABOT): the Rules of the House of Representa- By Mr. CRIST: H.R. 1795. A bill to amend title 18, United tives, the following statements are sub- H.R. 1780. States Code, to reform certain forfeiture pro- mitted regarding the specific powers Congress has the power to enact this legis- cedures, and for other purposes; to the Com- granted to Congress in the Constitu- lation pursuant to the following: mittee on the Judiciary, and in addition to tion to enact the accompanying bill or The constitutional authority of Congress the Committees on Financial Services, and to enact this legislation is provided by Arti- Energy and Commerce, for a period to be joint resolution. cle I, Section 8 of the United States Con- subsequently determined by the Speaker, in By Mr. KILMER: stitution. each case for consideration of such provi- H.R. 1770. By Mr. DONOVAN: sions as fall within the jurisdiction of the Congress has the power to enact this legis- H.R. 1781. committee concerned. lation pursuant to the following: Congress has the power to enact this legis- By Ms. STEFANIK (for herself, Mr. Article 1, Section 8 of the US Constitution. lation pursuant to the following: JONES, Mr. KING of New York, Mr. By Mr. BILIRAKIS: United States Constitution, Article I, Sec- HECK, Mr. WEBSTER of Florida, Mr. H.R. 1771. tion 8. Congress has the power to enact this legis- DELANEY, Mr. WALZ, Mr. FASO, and By Ms. GABBARD: lation pursuant to the following: Mr. RUSH): H.R. 1782. H.R. 1796. A bill to amend title 37, United This bill is enacted pursuant to Article I, Congress has the power to enact this legis- States Code, to authorize, in connection with Section 8, Clause 1 of the Constitution of the lation pursuant to the following: the permanent change of station of a mem- United States and Article I, Section 8, The U.S. Constitution including Article 1, ber of the Armed Forces requiring relocation Clause 7 of the Constitution of the United Section 8. to another State, the reimbursement of the States. By Mr. GRAVES of Missouri: member for qualified relicensing costs in- Article I, section 8 of the United State H.R. 1783. curred by the spouse of the member to secure Constitution, which grants Congress the Congress has the power to enact this legis- a license or certification required by the power to raise and support an Army; to pro- lation pursuant to the following: State to which the member and spouse relo- vide and maintain a Navy; to make rules for Article 1, Section 8, Clause 1 of the cate, to encourage States to expedite license the government and regulation of the land Constituion, which grants Cognress the portability for military spouses, and for and naval forces; and provide for organizing, power to provide for the common Defense other purposes; to the Committee on Armed arming, and disciplining the militia. and general welfare of the United States Services. By Mr. ROE of Tennessee: [Page H1615] H.R. 1772. By Mr. WITTMAN (for himself and Ms. By Mr. HUFFMAN: Congress has the power to enact this legis- H.R. 1784. SHEA-PORTER): H.R. 1797. A bill to improve the provision lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 1 of health care by the Department of Vet- lation pursuant to the following: By Mr. CHABOT: Article IV, Section 3, Clause 2: The Con- erans Affairs, and for other purposes; to the H.R. 1773. gress shall have Power to dispose of and Committee on Veterans’ Affairs. Congress has the power to enact this legis- make all needful Rules and Regulations re- By Mr. WITTMAN (for himself, Ms. lation pursuant to the following: specting the Territory or other Property be- SHEA-PORTER, and Mr. RYAN of Ohio): Article 1, Section 8, Clause 3 of the United H.R. 1798. A bill to direct the Secretary of longing to the United States; and nothing in States Constitution. Veterans Affairs to carry out a pilot pro- this Constitution shall be so construed as to By Ms. VELA´ ZQUEZ: gram to promote and encourage collabora- Prejudice any Claims of the United States, H.R. 1774. tion between the Department of Veterans Af- or of any particular State. Congress has the power to enact this legis- By Mr. KINZINGER: fairs and nonprofit organizations and insti- lation pursuant to the following: tutions of higher learning that provide ad- H.R. 1785. Article I, Section 8, Clause 3 Congress has the power to enact this legis- ministrative assistance to veterans; to the The Congress shall have Power * * * To lation pursuant to the following: Committee on Veterans’ Affairs. regulate Commerce with foreign Nations, Article 1, Section 8, Clause 1 and Article 1, By Mr. WITTMAN (for himself, Ms. and among the several States, and with the Section 8, Clause 18 SHEA-PORTER, Mr. RYAN of Ohio, and Indian Tribes. By Mr. LOEBSACK: Mr. JONES): By Mr. DEFAZIO: H.R. 1786. H.R. 1799. A bill to amend title 10, United H.R. 1775. Congress has the power to enact this legis- States Code, to include a single comprehen- Congress has the power to enact this legis- lation pursuant to the following: sive disability examination as part of the re- lation pursuant to the following: Clause 1 of Section 6 of Article I of the quired Department of Defense physical ex- Article I, Section 8, Clause 18 (relating to United States Constitution. amination for separating members of the the power to make all laws necessary and By Mr. BEN RAY LUJA´ N of New Mex- Armed Forces, and for other purposes; to the proper for carrying out the powers vested in ico: Committee on Armed Services, and in addi- Congress) H.R. 1787. tion to the Committee on Veterans’ Affairs, By Ms. SCHAKOWSKY: Congress has the power to enact this legis- for a period to be subsequently determined H.R. 1776. lation pursuant to the following: by the Speaker, in each case for consider- Congress has the power to enact this legis- Article I, Section 8, Clause 3 ation of such provisions as fall within the ju- lation pursuant to the following: By Mr. MEADOWS: risdiction of the committee concerned. The Congress shall have Power To lay and H.R. 1788. By Mr. JONES (for himself and Ms. collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- SHEA-PORTER): to pay the Debts and provide for the common lation pursuant to the following: H. Con. Res. 41. Concurrent resolution Defence and general Welfare of the United The constitutional authority of Congress commemorating the 100th anniversary of the States; to enact this legislation is provided by Arti- United States declaration of war against By Mr. ABRAHAM: cle 1, section 8 of the United States Constitu- Germany and entry into World War I and H.R. 1777. tion. recognizing and appreciating the lasting his- Congress has the power to enact this legis- By Mr. NOLAN: torical significance and heroic human en- lation pursuant to the following: H.R. 1789. deavor and sacrifice of the United States Article 1, Section 8, Clauses 12, 13, 14, 16, Congress has the power to enact this legis- Armed Forces in that conflict; to the Com- and 18 of the United States Constitution lation pursuant to the following: mittee on Armed Services. By Ms. CHENEY: Article I, Section 6, Clause 1 By Ms. KAPTUR (for herself, Mr. GENE H.R. 1778. By Mr. O’ROURKE: GREEN of Texas, Ms. NORTON, Mr. Congress has the power to enact this legis- H.R. 1790. SEAN PATRICK MALONEY of New York, lation pursuant to the following: Congress has the power to enact this legis- Mr. CONYERS, Mr. HIGGINS of New Article IV, Section 3, Clause 2: ‘‘The Con- lation pursuant to the following: York, Ms. SCHAKOWSKY, Mr. DEFAZIO, gress shall have power to dispose of and Article 1, Section 8, Clause 18: Mr. SOTO, Mr. BLUMENAUER, Ms. make all needful rules and regulations re- To make all Laws which shall be necessary SLAUGHTER, and Mr. RASKIN): specting the territory or other property be- and proper for carrying into Execution the H. Con. Res. 42. Concurrent resolution ex- longing to the United States; and nothing in foregoing Powers, and all other Powers vest- pressing the sense of Congress that the Su- this Constitution shall be so construed as to ed by this Constitution in the Government of preme Court misinterpreted the First prejudice any claims of the United States, or the United States, or in any Department or Amendment to the Constitution in the case of any particular state.’ Officer thereof. of Buckley v. Valeo; to the Committee on By Mr. COOPER: By Mr. REICHERT: the Judiciary. H.R. 1779. H.R. 1791.

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Congress has the power to enact this legis- Article I, Section 8, Clause 1 and Clause 18 H.R. 904: Mr. BRENDAN F. BOYLE of Penn- lation pursuant to the following: of the United States Constitution sylvania. Pursuant to Clause I of Section 8 of Article By Mr. WITTMAN: H.R. 907: Mr. KNIGHT. I of the United States Constitution and H.R. 1799. H.R. 918: Mr. HIGGINS of Louisiana. Amendment XVI of the United States Con- Congress has the power to enact this legis- H.R. 941: Mr. BRIDENSTINE. stitution, specifically clause 1 (relating to lation pursuant to the following: H.R. 959: Mrs. NAPOLITANO. providing for the general welfare of the By Article 1, Section 8 of the United States H.R. 986: Mr. MITCHELL and Ms. STEFANIK. United States) and clause 18 (relating to the Constitution (clause 14), which grants Con- H.R. 1035: Mr. NOLAN. power to make all laws necessary and proper gress the power to make rules for the gov- H.R. 1057: Ms. HERRERA BEUTLER, Mr. MUR- for canying out the powers vested in Con- ernment and regulation of the land and PHY of Pennsylvania, Mr. SMUCKER, and Mr. gress), and Article IV, section 3, clause 2 (re- naval forces and by Article I, Section 8, WILSON of South Carolina. lating to the power of Congress to dispose of Clause 1 and Clause 18. H.R. 1058: Mr. HECK. and make all needful rules and regulations H.R. 1063: Mr. GOODLATTE. f respecting the territory or other property H.R. 1066: Mr. BACON and Mr. PETERS. belonging to the United States). ADDITIONAL SPONSORS H.R. 1093: Ms. ESTY. By Mr. ROHRABACHER: H.R. 1120: Ms. BLUNT ROCHESTER. H.R. 1792. Under clause 7 of rule XII, sponsors H.R. 1143: Ms. JUDY CHU of California. Congress has the power to enact this legis- were added to public bills and resolu- H.R. 1148: Ms. DELBENE, Mr. WILSON of lation pursuant to the following: tions, as follows: South Carolina, Mrs. BLACKBURN, and Ms. Article I, Section 8, Clause 1 of the United BROWNLEY of California. H.R. 24: Mr. PERRY, Mr. SMITH of Nebraska, States Constitution, which gives Congress H.R. 1156: Mr. BURGESS and Mr. HOLDING. and Mr. BRIDENSTINE. the ‘‘power to lay and collect taxes,’’ as well H.R. 1173: Mr. NOLAN, Ms. SHEA-PORTER, H.R. 38: Mr. MCCLINTOCK. as Amendment XVI of the United States Mr. MURPHY of Pennsylvania, and Mr. KIL- H.R. 40: Ms. WILSON of Florida and Mrs. Constitution, which gives Congress the MER. LAWRENCE. ‘‘power to lay and collect taxes on in- H.R. 1206: Mr. VALADAO. H.R. 60: Mr. HIGGINS of Louisiana. comes . . .’’. H.R. 1222: Mr. NOLAN. H.R. 91: Mr. HIGGINS of Louisiana. By Mr. RYAN of Ohio: H.R. 1225: Mr. PASCRELL. H.R. 95: Mr. HIGGINS of Louisiana and Mr. H.R. 1793. H.R. 1236: Mr. NADLER. O’ROURKE. Congress has the power to enact this legis- H.R. 1242: Mrs. CAROLYN B. MALONEY of H.R. 103: Mr. NOLAN. lation pursuant to the following: New York, Mr. LYNCH, and Mr. GRIFFITH. H.R. 112: Mr. FRANKS of Arizona. Article 1, Section 8: To make all Laws H.R. 1267: Mr. ROSS. H.R. 169: Mr. LARSEN of Washington, Mr. which shall be necessary and proper for car- H.R. 1272: Ms. NORTON. CA´ RDENAS, Ms. BARRAGA´ N, and Mr. MCNER- rying into Execution for the foregoing Pow- H.R. 1279: Mr. SOTO. NEY. ers, and all other Powers vested by this Con- H.R. 1299: Mr. O’ROURKE. H.R. 179: Mr. BEN RAY LUJA´ N of New Mex- stitution in the Government of the United H.R. 1305: Mr. ROKITA. ico and Mr. LOWENTHAL. States, or in any Department or Officer H.R. 1318: Mr. NOLAN, Mr. ROE of Ten- H.R. 227: Mr. BLUMENAUER. thereof. nessee, and Mr. RASKIN. H.R. 253: Mr. SOTO. By Mr. SCHRADER: H.R. 1322: Mr. SCHNEIDER. H.R. 299: Ms. CLARKE of New York, Mr. H.R. 1794. H.R. 1334: Mr. FARENTHOLD. SCHRADER, Mr. DESANTIS, Mr. CARTER of Congress has the power to enact this legis- H.R. 1346: Mr. EMMER. Texas, Mr. DESAULNIER, Mr. PETERSON, Mr. lation pursuant to the following: H.R. 1445: Mr. JONES. U.S. Const. Art. 1, Sec. 1; and U.S. Const. PRICE of North Carolina, Mr. SCHNEIDER, and H.R. 1456: Mr. KIND, Mr. HECK, Mr. LYNCH, ´ Art. 1, Sec. 6 Mr. BEN RAY LUJAN of New Mexico. Mr. SEAN PATRICK MALONEY of New York, By Mr. SENSENBRENNER: H.R. 350: Mr. DESJARLAIS and Mrs. LOWEY. H.R. 1795. H.R. 365: Mr. HENSARLING. H.R. 1496: Mr. GRIJALVA. Congress has the power to enact this legis- H.R. 389: Mr. COOK and Mr. MCCLINTOCK. H.R. 1515: Mr. SEAN PATRICK MALONEY of lation pursuant to the following: H.R. 390: Mr. ROYCE of California. New York. Article 1, Section 8, Clause 3 (The Congress H.R. 440: Mrs. WAGNER. H.R. 1544: Mr. SCHNEIDER, Mr. CURBELO of shall have Power ‘‘To regulate Commerce H.R. 442: Mr. ABRAHAM. Florida, Mrs. WAGNER, and Ms. TSONGAS. with foreign nations, and among the several H.R. 448: Mr. PERLMUTTER. H.R. 1565: Mr. FERGUSON, Mr. STIVERS, Mr. States and within the Indian Tribes’’) and H.R. 449: Mr. MCKINLEY. OLSON, and Mr. MCKINLEY. Article 1, Section 8, Clause 18 (The Congress H.R. 453: Mr. HUDSON. H.R. 1582: Mr. OLSON. shall have Power ‘‘to make all laws which H.R. 462: Mr. FERGUSON. H.R. 1595: Mr. TIPTON. shall be necessary and proper for carrying H.R. 469: Mr. KING of Iowa. H.R. 1600: Mr. JONES. into Execution the foregoing Powers, and all H.R. 489: Mr. LEVIN. H.R. 1626: Mr. ADERHOLT, Mr. LAMALFA, other Powers vested by this Constitution in H.R. 490: Mr. FARENTHOLD. Mr. POE of Texas, Mr. HURD, and Mr. KING of the Government of the United States, or in H.R. 564: Mr. WALBERG, Mr. COURTNEY, Mr. Iowa. any Department or Officer thereof’’). COFFMAN, and Mr. KINZINGER. H.R. 1632: Mr. GARRETT, Mr. FLEISCHMANN, Additional authority derives from Article H.R. 592: Mr. RICHMOND, Mr. MARSHALL, and Mr. MESSER. III, Section 1, (‘‘The judicial Power of the and Mr. MCNERNEY. H.R. 1639: Ms. MCCOLLUM. United States, shall be vested in one Su- H.R. 608: Mr. ROHRABACHER. H.R. 1661: Mr. BUDD, Mr. LARSON of Con- preme Court, and in each inferior courts as H.R. 613: Mr. FASO, Mr. RUTHERFORD, and necticut, and Mr. MESSER. the Congress may from time to time ordain Mr. DUNCAN of South Carolina. H.R. 1664: Mr. COHEN, Mr. CARSON of Indi- and establish. The Judges, both of the Su- H.R. 620: Ms. SINEMA and Mr. MITCHELL. ana, and Mr. LOWENTHAL. preme and inferior Courts, shall hold their H.R. 631: Mr. YOUNG of Iowa, Mr. RUSSELL, H.R. 1676: Mr. HARPER and Mr. RUSH. Officers during good Behavior, and shall at Mr. MITCHELL, Mr. SMITH of Texas, Mr. FASO, H.R. 1678: Ms. WILSON of Florida. stated times, receive for their Services, a Mr. SESSIONS, Mr. MAST, Mr. DUNCAN of H.R. 1685: Mr. PETERS. Compensation, which shall not be diminished South Carolina, Mr. FRANKS of Arizona, Mr. H.R. 1697: Mr. SCHWEIKERT, Mr. MCKINLEY, during their Continuance in Office.) ALLEN, Mr. WESTERMAN, Ms. FOXX, Mr. Mr. MARSHALL, Mr. DUFFY, Mr. LAHOOD, Mr. Additional authority also derives from Ar- HULTGREN, Mr. COMER, Mr. PITTENGER, Mr. WEBER of Texas, Mr. BOST, Mr. HARRIS, and ticle III, Section 2, Clause 3 of the Constitu- BANKS of Indiana, Mrs. ROBY, Mr. DUFFY, Mr. Mr. WALKER. tion. LEWIS of Minnesota, and Mr. BARTON. H.R. 1711: Mrs. BUSTOS, Mr. KIND, Ms. By Ms. STEFANIK: H.R. 669: Ms. LOFGREN. WASSERMAN SCHULTZ, Mr. CONYERS, Mr. H.R. 1796. H.R. 672: Mr. TED LIEU of California. WELCH, and Ms. LOFGREN. Congress has the power to enact this legis- H.R. 676: Ms. WILSON of Florida and Ms. H.R. 1731: Mr. MCKINLEY and Mr. STIVERS. lation pursuant to the following: GABBARD. H.R. 1732: Mr. MEEHAN. Clause 18 of section 8 of article 1 of the H.R. 721: Mr. JOHNSON of Louisiana. H. Con. Res. 8: Mr. MEADOWS, Mr. TIPTON, Constitution H.R. 770: Mr. MEEKS, Mrs. BEATTY, and Mr. Mr. ROYCE of California, Mr. MESSER, Mr. By Mr. WITTMAN: VARGAS. LANCE, and Mr. JORDAN. H.R. 1797. H.R. 800: Mr. GRIJALVA. H. Con. Res. 10: Mr. LIPINSKI and Mr. Congress has the power to enact this legis- H.R. 807: Mr. MCKINLEY and Mr. COURTNEY. KELLY of Pennsylvania. lation pursuant to the following: H.R. 818: Mr. MEEHAN. H. Res. 28: Mr. KIND and Mr. LARSON of Article I, Section 8, Clause 1 and Clause 18 H.R. 848: Mr. SESSIONS, Mr. MARSHALL, Mr. Connecticut. of the United States Constitution GALLAGHER, and Mr. WILLIAMS. H. Res 31: Mr. VARGAS. By Mr. WITTMAN: H.R. 849: Ms. SA´ NCHEZ, Mr. MCKINLEY, Mr. H. Res. 54: Mr. VISCLOSKY, Mr. SHERMAN, H.R. 1798. PALAZZO, and Mr. FLORES. Mr. CICILLINE, and Mr. STEWART. Congress has the power to enact this legis- H.R. 873: Mr. VALADAO. H. Res. 65: Mr. MCGOVERN and Mr. NEAL. lation pursuant to the following: H.R. 896: Mr. LEWIS of Minnesota. H. Res. 90: Mr. EVANS.

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Vol. 163 WASHINGTON, WEDNESDAY, MARCH 29, 2017 No. 55 Senate The Senate met at 10 a.m. and was The senior assistant legislative clerk the whole being worse that the sum of called to order by the President pro read as follows: its parts. tempore (Mr. HATCH). Motion to proceed to H.J. Res. 67, a joint The Obama administration encour- f resolution disapproving the rule submitted aged States and municipalities to set by the Department of Labor relating to sav- up government-run retirement plans PRAYER ings arrangements established by qualified for private sector workers. Sounds The Chaplain, Dr. Barry C. Black, of- State political subdivisions for non-govern- great, some might say, but that is fered the following prayer: mental employees. until you see the fine print. Let us pray. The PRESIDING OFFICER. The States always had the power to set Eternal Father, our souls long for question is on agreeing to the motion. up these plans, but they chafed at Fed- You, for we find strength and joy in The motion was agreed to. eral laws protecting the workers who would be automatically enrolled in Your presence. f Guide our lawmakers to put their them. They didn’t like that the basic DISAPPROVING A RULE SUB- trust in You, seeking in every under- retirement protections that apply to MITTED BY THE DEPARTMENT taking to live with honor. When they those who manage private sector re- OF LABOR go through difficulties, may they re- tirement plans would apply to the gov- member that with Your help, they can The PRESIDING OFFICER. The ernment too. So they sought a waiver accomplish the seemingly impossible. clerk will report the joint resolution. from long-accepted Federal protections like the requirement to invest pru- Give them the wisdom to take time to The senior assistant legislative clerk dently and the rule against self-deal- get to know one another, to be quick to read as follows: ing. listen, slow to speak, and slow to A joint resolution (H.J. Res. 67) dis- That is what these regulations are approving the rule submitted by the Depart- anger. Lord, provide them with a faith actually about. They allow States and that will trust You even when the ment of Labor relating to savings arrange- ments established by qualified State polit- cities to create an employer mandate darkness is blacker than a thousand that forces private sector workers into midnights. May they always find ical subdivisions for non-governmental em- ployees. these government-run plans. They lib- strength in Your providential leading. erate the States and big-city mayors We pray in Your strong Name. Amen. The PRESIDING OFFICER. The ma- jority leader. from Federal consumer protections for f these hard-earned dollars, and they CONGRESSIONAL REVIEW ACT RESOLUTIONS create a competitive advantage for PLEDGE OF ALLEGIANCE Mr. MCCONNELL. Mr. President, these new government-run plans. The over the last 8 years, American work- The President pro tempore led the end result would be more government ers grappled with a sluggish economy Pledge of Allegiance, as follows: at the expense of the private sector. I pledge allegiance to the Flag of the and policies that often made it harder Fortunately, we can begin to roll United States of America, and to the Repub- for families to get ahead. Even on its back these regulations. We will take a lic for which it stands, one nation under God, way out the door, the Obama adminis- vote today to protect workers should indivisible, with liberty and justice for all. tration pushed forward with more un- big-city governments try to force their f fair regulations that hurt the middle private sector employees to auto-enroll class. It tried to advance regulations in government-run savings plans. RECOGNITION OF THE MAJORITY that threatened jobs and hindered eco- LEADER Later, we will advance another CRA to nomic growth. It tried to shift power protect workers from similar efforts at The PRESIDING OFFICER (Mr. COT- away from people and toward govern- the State level. TON). The majority leader is recog- ment on everything from education to Congress is able to push back against nized. land management issues. troubling regulations like these be- f Under the guise of helping more peo- cause of the tools provided by the Con- ple save for the future, it undercut a gressional Review Act, or CRA. Just DISAPPROVING A RULE SUB- system of private retirement savings last week, we sent the 11th CRA resolu- MITTED BY THE DEPARTMENT that has served millions of Americans tion to the President’s desk, and we OF LABOR—MOTION TO PROCEED very well for decades. It introduced hope to add to those regulatory relief Mr. MCCONNELL. Mr. President, I regulations that would push more and efforts again. move to proceed to H.J. Res. 67. more Americans into government-run I thank Senator HATCH, the Finance The PRESIDING OFFICER. The retirement plans. These retirement Committee chairman, for his leader- clerk will report the motion. savings regulations are a classic case of ship on this issue. He understands that

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

S2055

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VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.000 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2056 CONGRESSIONAL RECORD — SENATE March 29, 2017 we need to do more to encourage pri- strongly in the independence of the ju- repeatedly debunked that idea. A 60- vate retirement savings, and he has ad- dicial branch of government, and we vote threshold has never been the vocated numerous policies that would predict that he will be a strong and re- standard for a Supreme Court con- do just that. He also understands that spectful voice in protecting it.’’ firmation—not for President Clinton’s more government involvement in the In addition to independence, the Supreme Court nominees in his first retirement of private sector workers is Democratic leader talked about his term and not for the Supreme Court not the answer. He introduced com- concern that Judge Gorsuch has earned nominees of a newly elected President panion legislation to the House bills we the support of conservatives. Well, that Obama, either. will vote on soon. We should pass that is true. Judge Gorsuch has earned the As the Washington Post Fact Check- legislation without delay so that we support of Republicans, just as he has er reminded us again just this very can, as the chairman said, ‘‘give em- received praise from many on the left morning, ‘‘Once again: There is no ‘tra- ployees and small-business owners as well, like President Obama’s former ditional’ 60-vote ‘standard’ or ‘rule’ for more flexibility and freedom to choose Solicitor General, Neal Katyal; Presi- Supreme Court nominations, no matter how to financially invest and build a dent Obama’s legal mentor, Professor how much or how often Democrats nest egg for retirement.’’ Laurence Tribe; and left-leaning law claim otherwise.’’ NOMINATION OF NEIL GORSUCH professor E. Donald Elliot, among so So I would ask our Democratic Mr. President, on another matter, many others. friends, do they really want to launch since Judge Neil Gorsuch was nomi- The Democratic leader talked about the first wholly partisan filibuster of a nated to the Supreme Court, Senate the need for the nominee to offer assur- Supreme Court nominee in American Democrats have searched high and ances about how he would rule on a history? Do they really think history they have searched low for a reason to certain case and assurances that he books or the American people will look oppose him. They looked at his back- would stand up for certain groups, but, kindly on them for filibustering this ground, and they found a Columbia as Judge Gorsuch pointed out, nomi- amazingly well-qualified and widely re- alum, a Harvard Law graduate, and an nees are, to quote Justice Ruth Bader spected nominee? Oxford scholar. They looked at his rep- Ginsburg, to offer ‘‘no hints, no fore- Judge Gorsuch has earned an enor- utation and found an impartial and fair casts, no previews’’ on how they would mous amount of praise from across the judge, an incisive and eloquent writer, rule in certain cases. Similarly, judges political spectrum and from a wide and a humble and even-tempered man. are to decide cases based on the facts, array of publications all across our They looked at his record as a judge not personal views or political pref- country, like The Chicago Tribune, and found someone who follows the erences. which recently called for his confirma- facts where they lead without favoring Finally, the Democratic leader tion, saying that Judge Gorsuch ‘‘has one party over another; someone re- talked about the importance of a nomi- shown himself to be committed to the spected by Democrats, Independents, nee’s record. Well, I would like to take principle that judges should rule on the and Republicans alike; and someone a moment to remind my colleagues of law as written, and apply it equally to who understands that his role is to in- Judge Gorsuch’s record. He said at his all.’’ terpret the law, not legislate from the hearing: The newspaper The Detroit News said bench. I have decided . . . over 2,700 cases, and my Judge Gorsuch ‘‘is proving himself an Our colleagues across the aisle also law clerks tell me that 97 percent of them even-tempered, deeply knowledgeable had the opportunity to spend hours have been unanimous, 99 percent I’ve been in nominee who should be confirmed by the majority. They tell me as well that, ac- with Judge Gorsuch at his confirma- cording to the Congressional Research Serv- the Senate. The hearings confirm,’’ it tion hearing. Once again, they found ice, my opinions have attracted the fewest said, ‘‘that Gorsuch is [eminently] little to hang their hat on when it number of dissents from my colleagues of qualified, and there is nothing radical comes to a reason to oppose him. In- anyone I’ve served with that they studied in his judicial history.’’ stead, the hearings made clear a point over the last 10 years. In the Denver Post: ‘‘As we’ve noted recently stated by a board member of To sum it up, more than 2,700 cases, several times in the run-up to the liberal American Constitution So- in the majority on 99 percent of them, Gorsuch’s confirmation hearings, the ciety: ‘‘The Senate should confirm him and part of a unanimous ruling on 97 10th Circuit judge possesses the fair- because there is no principled reason to percent of them—it simply doesn’t get ness, independence and open-minded- vote no’’ on Judge Gorsuch. That was much better than that. No wonder the ness necessary to make him a mar- David Frederick, a self-proclaimed ABA gave him its highest rating: velous addition to the Supreme Court.’’ ‘‘long-time supporter of Democratic unanimously ‘‘well qualified.’’ The Post went on to say that Sen- candidates and progressive causes’’ in a So when we hear our Democratic col- ators should not ‘‘[miss] the chance to recent Washington Post op-ed. This leagues talking about breaking long- rally behind Gorsuch—who has been prominent Democrat said he supports standing precedent to oppose this non- roundly praised here by Democrats and Judge Gorsuch because he ‘‘embodies a controversial, outstanding judge by Republicans alike.’’ In other words, reverence for our country’s values and mounting the first-ever purely partisan Judge Neil Gorsuch should be treated legal system. . . . We should applaud filibuster to try to defeat his nomina- fairly, receive an up-or-down vote, and such independence of mind and spirit in tion, we can only assume one thing: be confirmed to the Supreme Court, Supreme Court nominees.’’ This isn’t about the nominee at all; it just like all four first-time Supreme Unfortunately, instead of coming to- is about a few on the left whose pri- Court nominees of Presidents Clinton gether behind this nominee, some of ority is to obstruct this Senate and and Obama. our colleagues continue to press for- this President whenever and wherever Again, as even those on the left can’t ward with convoluted excuses as to they can. Months after the election, help but admit, ‘‘there is no principled why they won’t support him. they are still in campaign mode, call- reason to vote no’’ on Judge Gorsuch. Just yesterday, my friend the Demo- ing for Senate Democrats to obstruct It is a sentiment we have heard from cratic leader came to the floor to share and to resist. many of our colleagues here on the his reasoning. He talked about the need Let’s be clear. These leftwing groups floor as we have been debating Judge for the nominee to be independent and aren’t concerned by the qualifications Gorsuch’s nomination over the past impartial. Well, Judge Gorsuch passes of this judge. They aren’t looking out few weeks. that test, and the American Bar Asso- for what is best for the Court, for the As we wait for the Judiciary Com- ciation, the organization revered as the Senate, or for the country. They sim- mittee to report out his nomination, I ‘‘gold standard’’ for evaluating judges ply refuse to accept the outcome of last would encourage Members of both sides by the Democratic leader himself and year’s election. to continue to take advantage of avail- the former Judiciary chairman, cer- We realize the enormous pressure our able floor time to discuss this impor- tainly agrees. It said: ‘‘Based on the Democratic colleagues are under. It is tant issue. I would also remind Sen- writings, interviews, and analyses we why we are hearing talks of some ators that we will have all of next scrutinized to reach our rating, we dis- mythical 60-vote standard that doesn’t week—all of next week—to continue cerned that Judge Gorsuch believes exist. Just ask fact-checkers who have debating Judge Gorsuch’s nomination

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.002 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2057 as well. I look forward to hearing from friend of the judge who says ‘‘there is that believes a strong national defense our colleagues as we work to advance no principled reason’’ to oppose his means discriminatory Executive orders this extremely well-qualified nominee. nomination. Of course, there are sev- that bar immigrants and refugees from RECOGNITION OF THE MINORITY LEADER eral principled reasons to object to Muslim-majority countries. This is a The PRESIDING OFFICER. The Judge Gorsuch. Today I would like to group that holds extreme-right posi- Democratic leader is recognized. focus on one in particular: Judge tions, a group that is far, far out of the BIPARTISANSHIP Gorsuch’s long career ties to conserv- American mainstream—and is even out Mr. SCHUMER. Mr. President, I rise ative interests and conservative ideo- of the Republican mainstream so many this morning on a few topics, but I first logical groups. times—and they have handpicked Neil The idea that Judge Gorsuch would want to mention that last night many Gorsuch to have a seat on the highest simply be a neutral, mainstream Jus- of us spent some time at the White Court in the land. tice is belied by his career, his judicial Does anyone think the Heritage House where we were regaled by the record, and, perhaps most of all, the Foundation or the Federalist Society wonderful Marine and Army chorus, manner by which he was selected to would put on their list a judicial mod- where there was talk about renewing a serve on the Supreme Court. He was erate who would only call balls and spirit of bipartisanship in Washington. culled from a list handpicked by the strikes? Does anyone think there I am all for it. Of course, we Demo- Federalist Society and the Heritage would be all this outside, dark, undis- crats hope that the President and Re- Foundation, conservative organiza- closed money being spent to support publicans in Congress will sit down tions that have spent the last few dec- Judge Gorsuch’s nomination if he were with us in a true spirit of bipartisan- ades simply trying to shift the balance just someone who called balls and ship because so far in this Congress— of the courts way to the right. Most of strikes? No. There is a reason all of the Republicans in this Congress so my colleagues on the other side know this dark money is being spent to sup- far—the Republican idea of bipartisan- how far to the right the Heritage Foun- port him. There is a reason the Fed- ship has meant to both the President dation is, and they often grumble at eralist Society and the Heritage Foun- and the Republicans in Congress: We how they are pulling the party too far dation liked Judge Gorsuch enough to come up with our plan, and you Demo- over, but Judge Gorsuch was hand- put him on the President’s short list. crats should support it. That is not bi- picked by that group, along with the There is a reason the President pledged partisanship. Federalist Society. to select only from this list. He wanted The Republican leader, the House Instead of consulting the Senate, to curry favor with skeptical hard- Speaker, have come up with issue after President Trump outsourced his Su- right, special interest-dominated con- issue, including a Supreme Court nomi- preme Court pick to the Federalist So- servatives during his campaign. So the nee, with no Democratic consultation, ciety and the Heritage Foundation long idea that Judge Gorsuch would simply and then said: The only way you can before an election even took place. The be some neutral Justice does not hold achieve bipartisanship is just to vote Constitution does not say the Presi- water. with us. dent shall appoint the Supreme Court When Republicans say that if Demo- You can’t improve the healthcare Justices with the advice and consent of crats will not support Judge Gorsuch, system with only Republican votes on rightwing special interest groups. It we will not support any Republican- reconciliation, without consulting any says he should appoint them with the nominated judge, that is simply not Democrats, without a single sentence advice and consent of the Senate. true. We have several reasons to be of Democratic input, and call that an President Trump didn’t consult the concerned with Judge Gorsuch specifi- attempt at bipartisanship. Senate; he never even considered it. He cally, and specifically one of those You can’t do an infrastructure pack- just consulted this list. things we are concerned about is that age of tax credits and no real spending, Surely my dear friend from Utah, he was pushed forward from the Herit- and then ask for bipartisan support. Senator HATCH, must remember when age Foundation and Federalist Society, And you certainly can’t out-source President Clinton consulted him about groomed by billionaire conservatives your entire selection of Supreme Court his Supreme Court picks. Senator like Mr. Anschutz, another hard-right, Justices to be handpicked by the hard- HATCH told the President not to select special interest person. right, special interest-dominated Her- Bruce Babbitt and offered instead the Judge Gorsuch had a chance. Most of itage Foundation and Federalist Soci- names of Ginsburg and Breyer. Presi- us waited till after the hearings be- ety, and then ask for us to vote for dent Clinton listened to Senator HATCH cause at the hearings he had a chance that nominee as a show of bipartisan and nominated them instead. Surely to distance himself from these views, support. my good friend from Utah also remem- but he refused to substantively answer Bipartisanship means sitting down bers when he suggested to President question after question. with the other side, getting our ideas, Obama that Merrick Garland be nomi- So if Judge Neil Gorsuch fails to and hashing out a compromise. It does nated to the Supreme Court, calling reach 60 votes, which, by the way, the not mean proposing your policy—par- him a fine man. President Obama lis- American people believe is the appro- ticularly when these policies and nomi- tened and made him his pick. priate standard for a Supreme Court nees are so far to the right—and then President Trump is different from all nominee, it is not because Democrats making an exhortation for bipartisan- of the past Presidents in so many ways, are being obstructionists; it is because ship and bemoaning the absence of it so many of them unfortunate, and here he failed to convince 60 Senators that when Democrats don’t go along with is one: Even before being elected to of- he belongs on the Supreme Court. In your way. I truly hope that the Presi- fice, President Trump swore off the en- that event, the answer is not to perma- dent and Republicans want to renew a tire process and outsourced the advice nently change the rules and traditions spirit of bipartisanship, but it has to be and consent process to a list selected of the Senate; the answer is to change real, it has to be meant, and their ac- by two ultraconservative organiza- the nominee and do what President tions have to follow suit. tions. Clinton and President Obama did be- NOMINATION OF NEIL GORSUCH Take the Heritage Foundation, for fore they nominated people: Consult Well, Mr. President, let’s talk about example. Are they down the middle? the other party for some semblance of the Supreme Court because that exem- Are they unbiased? Well, let’s listen to bipartisanship. plifies exactly what I am talking some of the things they believe in, The majority is trying to make this about. Over the last several weeks, my which are way different from most a binary choice: Confirm Gorsuch or Republican friends have tried to paint Americans. It is a group that believes change the rules. It is not so; it is just Judge Neil Gorsuch as the beau ideal of ‘‘freedom’’ means businesses have the not so. The idea that if Judge Gorsuch a neutral and impartial judge. They in- right to discriminate against LGBT can’t get 60, we must immediately sist that Judge Gorsuch is a straight people. This is a group that believes move to change the rules is a false nar- down-the-middle guy, someone who ‘‘limited government’’ means elimi- rative. If the majority chooses to go will call the balls and strikes. The ma- nating resources for the Violence that route, they do so at their own vo- jority leader likes to cite a letter of a Against Women Act. This is a group lition. No one is forcing them to do so,

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In this case, the President going to elaborate, but I would like to need and something that literally, I chose one of the leading people in this add to the RECORD a quote about the think, is demeaning to the Senate and country, one of the greatest lawyers in wall from none other than the Sec- to this country. this country, one of the finest judges in retary of Interior, former Republican I venture to say that it would be very this country, who has a record of work- Congressman, Mr. Zinke, from Mon- difficult for anybody to find a better ing with Democrats on the bench, to tana. Here is what he said. This is his nominee for the Supreme Court than become his choice for the U.S. Supreme quote about the wall, and I hope my Neil Gorsuch. I can’t say that the Her- Court. colleagues will listen: itage Foundation was the one that car- I know what is wrong with the Demo- The border is complicated, as far as build- ried the weight with regard to the crats on this. They lost, and it is a ing a physical wall. . . . The Rio Grande, choice of Neil Gorsuch. Now, the Fed- hard thing for them, and I do not what side of the river are you going to put eralist Society did weigh in rather blame them. It is a hard thing because the wall? We’re not going to put it on our heavily, and there were around 21 abso- they were so sure they would control side and cede the river to Mexico. And we’re lutely top judges and lawyers who were this nominee to the Supreme Court and probably not going to put it in the middle of on that list. I venture to say that any- the river. probably two to five more had Hillary body would have a very difficult time Clinton been elected for two terms. But AFFORDABLE CARE ACT finding anything to criticize about that that is not the way the American peo- Mr. President, finally, on the Afford- list other than on a partisan basis. Un- ple chose to vote. able Care Act, today, 44 Senate Demo- fortunately for the Democrats, they I commend the American people for crats are sending a letter to the Presi- lost the election. dent who puts onto paper our official realizing that these things are very im- Now keep in mind, all the current portant. I have to say, in that last elec- offer to work with him to improve the majority leader was saying was that we existing law. tion, probably the single most impor- just weren’t going to go with a Su- tant issue that drove it toward Donald Last Friday, in the wake of preme Court Justice during an in- TrumpCare’s defeat in the House, I was Trump was, who is going to pick the tensely hard-fought Presidential elec- Justices to the U.S. Supreme Court? deeply concerned to hear the President tion year. In this century, that has Republicans know and President say that he wants the Affordable Care been the rule. Trump knows that he is not going to be Act to ‘‘explode.’’ The President and The majority leader, Senator MCCON- able to put ideologues on the Court, his HHS Secretary, Tom Price, have NELL, knew that it was very likely, in and Neil Gorsuch is anything but an significant latitude to either improve the eyes of almost every pollster, that ideologue. He is as fine a judge as we the law or undermine it. So far, the Hillary Clinton would win, and al- have in this country, albeit conserv- President has undermined the law. though he and I believed that nominee ative in nature. He has as fine an aca- These were all before the vote: He dis- was a good, reasonable, moderate Dem- demic background as anybody on the continued the advertising campaigns to ocrat, we were quite sure that if Hil- Court—ever. On top of all of that, he is get people to sign up for coverage and lary got elected, she would not pick a terrific human being, a good husband, worked behind the scenes to give insur- him. We were even working on trying father, and a terrific judge on the ers flexibility to offer less generous to find a way so that she would have to Tenth Circuit Court of Appeals. care, and, still, the President’s Execu- pick him rather than pick another to- tive order directing agencies to help tally leftwing person for the Court. To be honest with you, I thought it him repeal and replace the ACA is Unfortunately for the Democrats, was really nice to have somebody hanging out there after the defeat or Donald Trump proved to be a formi- picked from the West who might bring lack of a vote in the House, causing in- dable candidate for President and won a western perspective of freedom into stability in the market and giving Fed- the election and, interestingly enough, the judicial system, and I have no eral agencies permission to undermine as is his right as President, nominated doubt that Neil Gorsuch will do that. the law. That should be rescinded. Neil Gorsuch for the U.S. Supreme To make this a big political issue, it What our letter says today is simple: Court. seems to me, is beyond the pale, and it If the President drops these efforts to Whether you are a Democrat or a Re- does bother me a great deal. undermine the law, we Democrats publican, I would venture to say that it On another matter, Mr. President, by stand ready to sit down with him and would be very difficult to find any can- any measure, our efforts in this Con- with our Republican friends across the didate for the Supreme Court in this gress to repeal harmful regulations aisle in good faith to discuss a bipar- century who is any better than Neil through the Congressional Review Act tisan approach to improving our Gorsuch. Gorsuch is going to apply the have been historic. Prior to this year, healthcare system. law as written, not as he conjures up only one CRA resolution—Congres- It is time to work together to make his ideas of what it should be. He is not sional Review Act resolution—had ever healthcare even more affordable but going to do that. He is going to apply been passed by Congress and signed by not to encourage or root for the failure the law as written. He did that as a cir- the President. We are an overregulated of the law that would have devastating cuit court of appeals judge on the country like never before. This year, consequences for millions of Ameri- Tenth Circuit, my circuit. You would we have already successfully rolled cans. be hard-pressed to find a better quali- back 11 regulations that were proposed Mr. President, I yield the floor. fied person. In fact, I do not think you and finalized under the previous admin- RESERVATION OF LEADER TIME could find a better qualified person for istration. That is truly remarkable. I The PRESIDING OFFICER. Under the Supreme Court than Neil Gorsuch. think our success in this endeavor can the previous order, the leadership time So what is all the whining about? be attributed to a few factors. is reserved. They lost the election. They knew that First, in its last year, the Obama ad- The Senator from Utah. this was going to be a big deal if they ministration was particularly aggres- NOMINATION OF NEIL GORSUCH won and that the Republicans would sive in its regulatory efforts. A number Mr. HATCH. Mr. President, I have pretty well have to go along with of regulations were finalized after the been very interested in the minority whomever they chose, but President election, right up until the day Presi- leader’s comments here this morning. I Trump won the election, and he has a dent Trump was inaugurated. In fact, have high regard for him. We have right to pick who should go on the Su- the regulation at issue today was final- worked together on a wide variety of preme Court. In this case, I think he ized on January 19, the day before the issues, but I have to say that he is lead- picked the most qualified person in the inauguration. In other words, the ing a party right now that is doing country for the Court. Yes, he is con- Obama administration left Congress

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.005 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2059 and the new administration with a tar- crease voluntary retirement savings. It Mr. CORNYN. Mr. President, let me get-rich environment for CRA resolu- includes a number of provisions from a just say while the Senator is on the tions. There is no doubt what they bill I introduced a few years before floor that I express my admiration were doing: They were scrambling to that, one that received high marks once again for the distinguished Sen- get as many changes as they could in- from analysts and stakeholders in the ator from Utah, who is my good friend stead of allowing the new administra- retirement-security community. My and in many ways is a mentor as the tion to take over. bill and others like it provide work- chairman of the Senate Finance Com- Another important factor has been able, voluntary solutions to give more mittee. I am privileged to be a member the realization by the American people workers access to retirement plans. of that committee and to work with that our economy—our workers, our This approach is far better than the him and, of course, on the Judiciary businesses—is grossly overregulated. one taken by the Obama administra- Committee as well. I thank the Sen- The regulatory state extracts hundreds tion and former Labor Secretary Tom ator in particular for his leadership on of billions of dollars from our economy, Perez, which would purposefully take this resolution of disapproval, and I much of it needlessly so. These CRA us down the path toward government- support his position 100 percent. resolutions are part of a much broader mandated and government-run retire- NOMINATION OF NEIL GORSUCH effort to undo some of that damage. ment plans. As we all know now, Mr. President, Today I am pleased to be able to ex- The retirement savings system that this Chamber will consider the nomina- press my support for H.J. Res. 67, has been in place for decades now is tion of Neil Gorsuch to serve as the which will likely be the 12th CRA reso- one of the clearest examples we have to next Justice on the U.S. Supreme lution we will pass this year. This reso- demonstrate the superiority of the free Court. lution, once passed and signed, will roll market over government mandates. Yesterday I spoke a little bit about back a last-second Department of Private retirement savings vehicles, his qualifications, his background, and Labor regulation that eliminated long- including 401(k)s and individual retire- his temperament. During the 20 hours standing Federal protections for the re- ment accounts, which have been en- of hearings we held before the Judici- tirement savings of private sector couraged but not mandated by Federal ary Committee, I think people saw the workers. tax laws, have produced nearly $14 tril- real Neil Gorsuch—somebody who, Specifically, the regulation builds off lion—that is trillion dollars—in wealth again, by virtue of his qualifications, of a prior regulation that gave States a and savings for the middle class. his education, his training, and his ex- ‘‘safe harbor’’ from the protections I know some have concerns about the perience is supremely qualified to serve workers have under ERISA if the gov- federalism implications in rolling back on the Supreme Court. He did pass ernment mandates that employers who these Department of Labor regulations. every single test with flying colors, do not offer retirement plans either set However, let’s be clear: Prior to the even as my colleagues and some activ- one up or join the government plan. implementation of these regulations, ist groups have done their best to find These government-run plans do not States were free to pass laws to encour- ways to object to what may be one of have to be portable, nor do they have age retirement savings opportunities the most qualified candidates for the for private sector workers, and they to permit workers to withdraw their Court in our Nation’s history. savings at any time. will be free to do so after this CRA res- One argument we have heard from The resolution we are debating now olution is signed by President Trump. the opponents of the nominee in 3 days would roll back the regulation that They will simply have to observe the of grueling hearings was that he failed provided this authority to municipali- longstanding rules and protections to convey his approach to judging— ties, such as New York City. Hopefully, that have been in place under Federal how he would approach the job. I would sometime soon, the Senate will also de- pension laws, including the ban on self- like to point out that that is simply bate and pass the CRA resolution relat- dealing and the duty to invest pru- not the case. Judge Gorsuch made clear dently, and they will not be able to ing to the original regulation, the one that the text of the statute, the text of offer plans on an uneven playing field that focused on States, like California the Constitution, and the text of a that favors government retirement and Illinois. precedent would guide his judging and plans over those produced in a free, pri- Combined, these regulations encour- would be the place where he starts in age State and municipal governments vate sector market. Unfortunately, I have to wonder why deciding any case. As he has repeatedly to impose conflicting and burdensome States and municipalities want to do written and stated publicly, the job of mandates on private sector businesses away with these protections in the a good judge is to understand what the and to bar private workers’ access to first place. I also have to wonder why law means and to interpret what law- their retirement accounts, and they they think they will be able to produce makers have done. would let States invest private work- I know some of our colleagues and better results than the private retire- ers’ retirement assets, ignoring provi- some of the activist groups who are ment savings system, which thus far sions in Federal pension law that re- critical of Judge Gorsuch are upset has been an unqualified success, bene- quire prudent pension investment prac- that he doesn’t believe in a living Con- fiting workers and employers alike. I tices and that ban kickbacks and self- stitution—in other words, that the also have to wonder how some of my dealing. Think about that. Constitution, as written and ratified by colleagues who value consumer finan- To be blunt, places like New York the States, does not mean what it says, cial protection, as I do, would want to City should not just get a pass on in- and that judges have a license to inter- see the continuation of rules that erode vesting potentially billions of dollars pret the words in a way to pursue some protections for workers and future re- in private worker retirement assets other purpose, some other agenda, po- tirees. without regard to Federal rules that The first step in undoing these harm- litical or personal or the like. Judge Gorsuch rejects that approach, require prudent investment practices— ful regulations is with the passage of and rightly so. Indeed, how can a judge rules designed to protect the retire- H.J. Res. 67. Toward that end, I urge all claim to bear allegiance to the Con- ment nest eggs of hard-working Ameri- of my colleagues to vote in favor of stitution if he doesn’t actually start in cans. this resolution. Now, do not get me wrong—I am all I yield the floor. interpreting the Constitution by read- for increasing coverage for employees I suggest the absence of a quorum. ing the text of the words? What would in workplace retirement programs. In The PRESIDING OFFICER. The a judge decide on if not the text and fact, it is something I have been work- clerk will call the roll. the original meaning? ing on for some time with my col- The senior assistant legislative clerk To that effect, I received a letter leagues on both sides of the aisle. proceeded to call the roll. from a friend of mine and an expert in Last Congress, the Senate Finance Mr. CORNYN. Mr. President, I ask this area, Bryan Garner, last week. Committee, which I chair, unani- unanimous consent that the order for Bryan is a well-known lawyer and writ- mously approved the Retirement En- the quorum call be rescinded. er and, among many impressive accom- hancement and Savings Act of 2016, The PRESIDING OFFICER. Without plishments, he is a distinguished re- which is a bipartisan bill that will in- objection, it is so ordered. search professor of law at Southern

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.007 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2060 CONGRESSIONAL RECORD — SENATE March 29, 2017 Methodist University in Dallas, TX. It is completely wrong. Let me remind because after this last election, he has Bryan has written extensively on judg- my colleagues that during her con- now had to straddle two competing ing, appellate advocacy, and the law firmation hearings, now-Justice Elena camps within the Democratic Party— generally. He was in attendance at the Kagan told the same committee that traditional Democrats versus the hearings last week. As I said, he has ‘‘we are all Originalists’’—hardly a rad- Democrats lead by the wing of BERNIE written a number of books, including ical position, if Justice Kagan and SANDERS and ELIZABETH WARREN. I un- with Judge Gorsuch, on judicial prece- Judge Gorsuch agree with originalism. derstand the pressures that he must dent, and with Justice Scalia, on read- It is certainly not a methodology of in- feel and the reason why he would do ing laws. terpreting law that should stir any something that is unprecedented and In a recent letter, Bryan echoed the concern. suggest that we filibuster this nomina- same point made by both of these men Yesterday, some of our Democratic tion. at different times—that adherence to colleagues continued to reinforce my We already know that some Members the text is essential to our system of view that they don’t really have any of his conference have said they will government. He said: ‘‘The very fact of legitimate objection and reason to fili- agree to an up-or-down vote. Our friend having a written constitution meant buster Judge Neil Gorsuch. This is from West Virginia, Senator MANCHIN, that we had fixed its meaning in per- about Judge Gorsuch. This is not about has said he opposes the filibuster. Sen- manent form.’’ President Trump. This is not about ator LEAHY, the former chairman of Now, that seems so obvious, but, ap- Merrick Garland. This is not about the Senate Judiciary Committee, has parently, it is not obvious to some of anything else. said he is not inclined to go along with We will have a chance to vote on the the critics. He said: ‘‘The very fact of it, either. Senator CARDIN, our col- nomination of Judge Neil Gorsuch for having a written constitution meant league and friend from Maryland, has the U.S Supreme Court. That is the that we had fixed its meaning in per- stopped short of agreeing with the mi- question that will be presented to the manent form.’’ In other words, our nority leader’s strategy. Senator Senate for an up-or-down vote. Any Constitution is not meant to float on HEITKAMP from North Dakota has said fairminded person would have to con- the whims of judges over time, bound that she believes the nominee deserves clude that he is an independent legal only by precedent. It is actually writ- an up-or-down vote. mind and that he will not legislate ten down, so that even judges have to If the Democratic leader follows from the bench. He has the intel- start with the very text. through, as I said, it would be unprece- ligence, experience, and character to be If we think about it, there is the dented. Never before has there been a a good judge, as he has been for 10 independence that we have given to the successful partisan filibuster of a Su- years on the Tenth Circuit Court of Ap- judiciary—lifetime tenure. They don’t preme Court nominee. I would just say peals out of Denver. He has an un- have to stand for election, and they are to our friends across the aisle that flinching commitment to upholding a not accountable to the voters or the time and again Democrats have accel- faithful interpretation of the Constitu- people. The reason why the Founders erated the arms race on judges, and tion and our laws. I look forward to created such an important role for the every single time, it has come back to confirming him next week. judiciary is because they believed there bite them. The question for our Democratic ought to be an umpire who calls balls We remember in 2013, when Senator friends is whether they are going to and strikes when Congress passes laws Harry Reid, then the majority leader, launch the very first partisan filibuster broke the Senate rules in order to or when lawsuits are filed and who of a Supreme Court nominee in the his- change the rules, in order to lower the could determine the fidelity of those tory of the United States. It really is laws to the text of the Constitution, unprecedented, what the Democratic threshold for circuit court and district which had a fixed meaning. court nominations. He did that because leader, Senator SCHUMER, has sug- Well, sometimes this is called gested—that for the first time in the of the desire to pack the District of Co- originalism, but it is not a political history of the Senate, a partisan fili- lumbia Court of Appeals, because that doctrine or an excuse to get certain buster will be used to attempt to defeat was the court that had primary juris- outcomes. Mr. Garner makes the point the nomination of a Supreme Court diction over cases coming out of the that although his personal politics are Justice and to deny the Senate the op- Obama White House—its regulations different, dramatically, from those of portunity to have an up-or-down vote. and the like. In order to get a court Justice Scalia, those personal politics Now, just to be clear, there are two that would be more likely to are irrelevant because the job of a votes we are talking about. One is the rubberstamp and approve of Obama judge is to apply a fair reading of the so-called cloture vote, where we close policies, Senator Reid felt it was im- law. If you can’t do that, then, maybe off debate. That takes 60 votes. Then, perative to pack the DC Circuit Court you ought to run for the Senate or Con- once that passes, it is clearly a major- of Appeals. Unfortunately, he was able gress and get involved in politics rath- ity vote, and 51 votes will carry the to do so with the votes of the Demo- er than judging, because a failure to day. crats across the aisle—to break the apply the law as fairly read is essential But the Democratic leader has sug- Senate rules to change the rules for the in any good judge. gested that he would deny the Senate sole purpose of rubberstamping Obama Judges aren’t given lifetime tenure— the opportunity to get to that second administration policies. the sort of independence that nobody up-or-down vote, and that is simply un- The question before the Senate this else in our government is given—just precedented. It is unprecedented for a time is very different. Those who would to enact their own visions of policy. very good reason. To believe that 60 break precedent are those who would Judge Gorsuch confirmed time and votes would be required to confirm a filibuster a Supreme Court nominee again that he will not do that—that he nominee to the U.S. Supreme Court like Judge Gorsuch because it has will only interpret the law as he has would be to suggest that the Founding never been done before. But I would throughout his career as an inde- Fathers, when the Constitution was ask our Democratic colleagues this: If pendent judge, with faithfulness and fi- written and when it was ratified, some- Judge Gorsuch is not acceptable to delity to the text and the original un- how believed that the Senate rules them, is there ever going to be a nomi- derstanding of the Constitution. were incorporated in the Constitution, nee from a Trump administration The letter I have been quoting in when that is clearly not the case— whom they would find acceptable? part is here in my hand, and I ask clearly not the case. The Constitution They have tried to find fault with unanimous consent that it be printed is a separate document. The Senate Judge Gorsuch, and they have simply in the RECORD following my remarks. rules are a different thing. But, again, been unable to do so. So they keep Now, I know there are some on the never have they been conflated to sug- moving the goalpost and raising dif- other side of the aisle who have indi- gest that somehow, in order to confirm ferent issues because they, frankly, are cated that adherence to originalism is a nominee to the Supreme Court, we desperate to find some reason to justify a liability or who claim that it is some- need 60 votes. this unprecedented filibuster. how a radical doctrine out of the main- I understand the pressure that our But if they do—if Democrats block stream, but that is just a scare tactic. friend the Democratic leader is under, Judge Gorsuch from receiving an up-or-

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.008 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2061 down vote—then, there is simply no tion for them: we’d declare a new meaning closely reasoned passage, he says that ‘‘the Republican nominee to the U.S. Su- and find a new fight as part of our never-end- principles . . . so established are deemed fun- preme Court they won’t filibuster. If ing Constitutional Convention. damental’’ and ‘‘are designed to be perma- That’s what would happen if I were a nent.’’ Judge Gorsuch isn’t good enough, I ‘‘pragmatist’’ (it’s a euphemism) or a Permanent—not waxing and waning ac- dare say there will never be another ‘‘changing constitutionalist’’ (the euphe- cording to political expediencies of the mo- nominee who is good enough to allow mism is ‘‘living constitutionalist’’). ment. an up-or-down vote if this unprece- So you can see why methods of judging That’s the essence of originalism. Marshall dented filibuster is allowed to stand. have caused the confirmation process to be- and Iredell and Vattel were hardly alone. So I hope our colleagues will recon- come so heavily politicized. In Reading Law, Other writers of the period agreed. In 1821, sider, and that, on cooler reflection, Justice Scalia and I remarked: ‘‘The descent James Madison, one of the architects of the Constitution and author of the Bill of the will not be driven by the radical into social rancor over judicial decisions is largely traceable to nontextual means of in- Rights, correctly stated the gist of elements in their own party but rather terpretation, which erode society’s con- originalism: ‘‘Can it be of less consequence by their good judgment and their sense fidence in a rule of law that evidently has no that the meaning of a constitution should be of responsibility to not only their con- agreed-on meaning. Nontextual interpreta- fixed and known, than that the meaning of a stituents but to the Constitution itself tion, which makes ‘statesmen’ of judges, pro- law should be so? Can, indeed, a law be fixed and to the important role that the Sen- motes the shifting of political blame from in its meaning and operation, unless the con- political organs of government (the execu- stitution be so?’’ ate plays in the advice and consent Elsewhere, Madison wrote: ‘‘What a meta- function to the nominee of the U.S. Su- tive and the legislature) to the judiciary.’’ We went on to observe that ‘‘the con- morphosis would be produced in the Code of preme Court. I hope they reconsider, sequence is the politicizing of judges (and the law if all its ancient phraseology were to and I hope that when the rollcall vote hence of the process of selecting them) and a be taken in its modern sense.’’ He further in- is held, our colleagues will provide the decline of faith in democratic institutions.’’ sisted that if ‘‘the sense in which the Con- 60 votes we need to get cloture, so we In a New York Times op-ed two days ago, stitution was accepted and ratified by the can have that up-or-down vote on a law professor from Louisiana had the te- nation . . . be not the guide in expounding it, Judge Gorsuch’s nomination. merity to say that ‘‘Justice Scalia failed to there can be no security for a faithful exer- realize that textualism is self-undermining.’’ cise of its powers.’’ There being no objection, the mate- The very fact of having a written constitu- rial was ordered to be printed in the His support for that slander? ‘‘Nowhere does the Constitution explicitly state that tion meant that we had fixed its meaning in RECORD, as follows: textualism, no less than originalism or any permanent form. That wasn’t just the preva- LAW PROSE, other method, is the correct theory of con- lent notion among the founders—it was the Dallas, TX, March 25, 2017. stitutional interpretation.’’ only notion of which any contemporaneous Senator JOHN CORNYN, This is just silly. Nowhere in Shakespeare or nearly contemporaneous trace can be U.S. Senate, Hart Senate Office Building, is it said that future generations may well found. Washington, DC. need a glossary to understand some of the Some imprecise observers confuse the con- cept of originalism with the word DEAR SENATOR CORNYN: It was an eerie words—or that the best understanding of the originalism—and so conclude that the con- feeling for me this week, sitting behind my words will be their Elizabethan under- cept, like the word, was born ‘‘in 1985 [when] friend and coauthor Judge Neil M. Gorsuch standing. For example, few people who read Ronald Reagan’s attorney general at the as he was being vetted to replace my late the word leasing in Shakespeare would un- time, Edwin Meese, elevated originalism to a friend and coauthor, Justice Antonin Scalia. derstand it, as his contemporaries did, to legal and political movement.’’ It may well As you know, I’ve written lengthy books mean ‘‘a lie or falsehood.’’ with both men, and I know their legal phi- Although there was no name for be that the term originalism didn’t come into common usage until the 1980s, but that losophies pretty darned well. originalism in the 18th century, the idea was is simply because before then there was no One aspect of their approach to judging— well-enough understood. The political philos- need for the term. Originalism is what phi- ‘‘originalism,’’ as it’s called—has attracted opher Emmerich de Vattel—whose influence lologists call a ‘‘retronym’’—a term devised polemicists to use the label as a scare tactic. on Benjamin Franklin, George Washington, to describe what used to be an entire genus So much demagoguery surrounds the word and other Founders was well known and but has since become merely one species of that some clarification is in order. ‘‘timely,’’ according to Franklin, since it the genus. For example, the term land line People might wonder why Justice Scalia reached them about 1775—wrote in his Law didn’t exist in the telecommunications field would write a prescriptive book on judging of Nations: ‘‘The interpretation of every act, until wireless technology was invented. (Reading Law) with someone who had de- and of every treaty, ought . . . to be made ac- clared himself to favor same-sex marriage, Until then, all voice telecommunication was cording to certain rules proper to determine through land lines, so the term was unneces- to be ardently pro-choice, to disfavor prayer the sense of them, such as the parties con- sary. in public schools, and to be hostile to the cerned must naturally have understood, Likewise, giving text its original meaning Second Amendment—so hostile, in fact, that when the act was prepared and accepted.’’ was long the standard legal practice. It he would like to see it repealed altogether. Vattel added: ‘When an ancient act is to be wasn’t until the 1960s that other ‘‘theories’’ Yes, I’d favor serious gun-control measures interpreted, we should then know the com- of interpretation came into common usage. in this country. mon use of the terms, at the time when it Only then did it become necessary to coin a My private beliefs on these points, how- was written.’’ word to denote the traditional practice. ever, would be irrelevant if I were up for a That was the settled view of written legal Only by sheer, bald-faced casuistry can it judgeship because methodologically I’m an instruments, whether statutes or written be argued, as it was earlier this week in the originalist: I wouldn’t be enacting my own constitutions. In 1796, Justice James Iredell New York Times, that ‘‘true originalism— visions of wise policy—that’s not what a of the Supreme Court wrote: ‘We are too apt, genuinely following the founders’ intent—re- good judge does—but instead I’d be applying in estimating a law passed at a remote pe- quires us moderns to interpret constitu- a ‘‘fair reading’’ to the the statutory or con- riod, to combine in our consideration, all the tional language in light of our own, not stitutional words before me. Although I de- subsequent events which have had an influ- their, moral and linguistic norms.’’ This as- plore the Second Amendment’s right to bear ence upon it, instead of confining ourselves sertion comes, of course, from the same writ- arms, I think the Supreme Court’s Heller de- (which we ought to do) to the existing cir- er who asserts that ‘‘Justice Scalia also cision was correct: the constitutional Fram- cumstances at the time of its passing.’’ failed to realize—or at least admit—that ers meant there to be a personal (though not Perhaps, you might think, all these state- textualism and originalism rarely determine unlimited) right to own guns. I wish it ments relate only to statutes and not to con- a unique outcome.’’ weren’t so. stitutions. Just seven years later, in the These calumnies don’t square with the Only if I were a ‘‘pragmatist’’ judge or a seminal case of Marbury v. Madison, Chief facts. In the preface to Reading Law, Justice ‘‘changing constitutionalist’’ would these Justice John Marshall applied the same prin- Scalia and I plainly wrote: ‘‘Textualism will private views become important. Then I ciple to the U.S. Constitution. He empha- not relieve judges of all doubts and mis- wouldn’t be ‘‘interpreting’’ a document. In- sized the notion that the Constitution, aside givings about their interpretations. Judging stead, I’d be declaring new policies that have from what ought to be infrequent amend- is inherently difficult, and language notori- no discernible foundation in the Constitution ment, is fundamental and unchanging: ‘‘That ously slippery. But textualism will provide itself. I’d be looking within my heart and the people have an original right to estab- greater certainty in the law, and hence soul to consider what I believed to be fun- lish, for their future government, such prin- greater predictability and greater respect for damentally important. There I might dis- ciples as, in their opinion, shall most con- the rule of law.’’ cover new rights that people hadn’t seen be- duce to their own happiness, is the basis, on Judge Gorsuch said as much during his Ju- fore. I might take on the mantle of philoso- which the whole American fabric has been diciary Committee hearings this week. He pher-king: whenever reformers couldn’t get a erected.’’ It’s an original right to fix the fu- demonstrated an astonishing command of constitutional amendment through, they ture government. He added that this original the law, a erudition worn lightly, a calm but could come to my court. Perhaps four of my right is ‘‘a very great exertion’’ that should tenacious dedication to the scruple of judi- colleagues and I could amend the Constitu- not ‘‘be frequently repeated.’’ Then, in this cial ethics, a thoroughly likable demeanor,

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.009 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2062 CONGRESSIONAL RECORD — SENATE March 29, 2017 and admirable endurance. I trust that all abuse. The reason I do this is because and neighborhood friends. He was a protec- fair-minded Senators will vote for him. it is a silent killer. We don’t talk about tive big brother, and he had a natural way of Sincerely, it. There is not one of us in the Senate, connecting with kids who were ‘‘different’’ and making them feel accepted. BRYAN A. GARNER, not one of us in Congress, not one of us Editor in Chief, Nick was always tall for his age. He came Black’s Law Dic- in any gathering who doesn’t know into this world on July 5th, 1993, weighing in tionary; President of someone in our immediate family, ex- at 10 pounds and topped off at 6′8″. He loved LawProse Inc.; Dis- tended family, or a close friend who sports and excelled in basketball and soccer. tinguished Research hasn’t been affected, but we would He even met you when you were Governor Professor of Law, never talk about it because it was so Manchin, after his basketball team traveled to Charleston, WV, to celebrate their A Southern Methodist embarrassing—how did it ever break University. State Basketball Tournament Championship down in our family, whether you had a in 2011. Mr. CORNYN. Mr. President, I see model family or you thought you did. After high school he went on to play bas- our friend from West Virginia and oth- This is a killer. Whether Democrat or ketball for the Glenville State College Pio- ers here, so I yield the floor. Republican, conservative or liberal, neers. Nick wasn’t able to keep his grades up The PRESIDING OFFICER. The Sen- this is a killer. It has no discretion. It and had to drop out of Glenville after the ator from West Virginia. first semester of school. Shortly after that, has no partisan base. It goes after one he met a girl. They instantly connected, and OPIOID CRISIS and the other. So this is what we are he soon became a father to her daughter. Mr. MANCHIN. Mr. President, we dealing with. After several years together, they had a son have come to a crisis in our country. The letters I read have a common of their own. My State of West Virginia has the theme: They all mention how hard it is After having difficulty holding down jobs highest drug overdose death rate in the to get themselves or loved ones into and providing for his family, Nick came to Nation. West Virginia reported 818 treatment. Sometimes it takes me in November of 2015 and told me that he was addicted to opiate prescription drugs. overdose deaths last year—four times months, and sometimes it never hap- We had suspected drug use for quite some the number that occurred in 2001 and a pens. This problem stems from our lack time but didn’t realize the extent of it. He nearly 13-percent increase over 2015. We of a system to help those who are look- said that he could no longer live the life he lost more than 700 West Virginians who ing for help. We need permanent fund- was leading and needed help. Nick and his died from an opioid overdose last year. ing to create and expand substance girlfriend had started using opiate-based pre- Some 42,000 people in West Virginia, in- abuse treatment facilities to help peo- scription drugs after she was prescribed cluding 4,000 youth, sought treatment them for her recovery from the birth of her ple get clean and stay clean. daughter in 2013. At first, they would make for illegal drug use but failed to receive I know the Presiding Officer has trips to the doctor or quick care with fake it because of a lack of treatment cen- heard this before, but that is why I in- ailments in order to get their prescriptions. ters, which we have been trying to cor- troduced the LifeBOAT Act. The Life- If they couldn’t get prescriptions, then they rect. In West Virginia, drug overdose BOAT Act puts one penny per milli- bought from drug dealers. The pills were deaths have soared by more than 700 gram of opiates—basically, one penny easy to get up until the time he came to me percent since 1999. for every milligram of opiates produced for help. I told my husband about Nick’s drug prob- West Virginia had the highest rate of in America, consumed in America— lem, and not knowing what to do, we turned prescription drug overdose deaths of into a fund that pays for treatment to the Internet as a source of information. any State last year—31 per 100,000 peo- centers. In the Presiding Officer’s beau- We found a lot of information and many ple. In West Virginia, providers wrote tiful State of Alaska and my State of treatment centers across the country. I 138 painkiller prescriptions for every West Virginia, people need treatment. began calling a few of the ones that looked 100 people. Think about this. Doctors This is an illness. I used to look at it 20 reputable, but in each case, they required are prescribing and manufacturers are years ago as basically a criminal act, three to five thousand dollars up front for a producing. They have written 138 pain- 28 to 30 day treatment. The question now and we put them in jail. Guess what. was: Were these treatment centers as good as killer prescriptions for every 100 people They came out of jail just as addicted they appeared to be on their websites or were in my State—the highest rate in the as they went in. Nothing changed, so I they simply out to make a profit and mar- country. I hope Arkansas is not facing am willing to change. I have always keting their centers to bring in more pa- the same dilemma we are. said that if you can’t change your tients? Every day in our country, 91 Ameri- mind, you can’t change anything. This While we researched and tried to make a cans die from an opioid overdose. is an illness that needs treatment, and decision, Nick, not wanting to be away from Opioids now kill more people than car his family, went through detox at home and we are responsible for that. This life- had convinced him and us that he could do accidents. In 2015, the number of heroin boat would establish a steady, sustain- this on his own. Nick made it through his deaths nationwide surpassed the num- able funding stream to provide and ex- first round of self-detox but started using ber of deaths from gun homicides. pand access to substance abuse treat- again for a short while at the end of Janu- Since 1999, we have lost almost 200,000 ment. ary. We confronted him, and he immediately Americans to prescription drug opioid Today I am going to read a letter started his second round of self-detox. He abuse. from parents from West Virginia who again swore that he could do this himself Mr. President, 2.1 million Americans and was finished with the life he was leading. lost their son to drug abuse. This is We were still trying to figure out what to do abuse or are dependent on opioids. Ac- Renee and Criss’s letter, which they with him and what would happen to his fam- cording to the CDC, three out of four want me to read. This fine-looking ily while he was gone. We didn’t know that new heroin users abused prescription young man was a father, and this is his girlfriend was also using and detoxing opioids before moving to heroin. Heroin such a tragic ending to this story. along with Nick. use has more than doubled among Dear Senator Manchin, After speaking to several people at a local young adults ages 18 to 25 in the past I am writing to you in the hope of bringing treatment center and trying to arrange for decade. Forty-five percent of the peo- to light the devastating effects of heroin ad- him to be admitted, we were told that they diction, overdose death and the difficulty in wouldn’t take him because [of] our insur- ple who used heroin were also addicted ance. My next course of action was to call to prescription opioid painkillers. Be- finding treatment for those afflicted with the disease and their families. local counseling centers that offered addic- tween 2009 and 2013, only 22 percent of On November 12th, 2016, we lost our 23- tion counseling, hoping that they would be Americans suffering from opioid addic- year-old son, Nick, who died from what we able to offer advice. Each one I called po- tion participated in any form of addic- thought at the time was a heroin overdose. litely told me that they couldn’t help. tion treatment. When Nick’s autopsy report came back, we Nick’s addiction, and our focus on him, Misuse and abuse of opioids cost the discovered that his body contained no trace was taking away from our being able to cele- of heroin in his system. He had died from a brate and focus on our other children, Nick’s country an estimated $78.5 billion in two sisters. We decided to put Nick on the 2013 in lost productivity, medical costs, fatal dose of straight fentanyl. Nick was a quiet, kind and inquisitive backburner while we prepared for our daugh- and criminal justice costs. child. He learned to speak and read at an ter’s graduation party and the school events Every week, I come to the Senate early age and spent most of his time ab- that preceded it, thinking that a few weeks floor to read letters from West Vir- sorbed in books and riding his bike and wouldn’t hurt. Were we ever wrong! ginians and those struggling all scooter. He also loved playing in the woods It is a sad scenario when a family has throughout our country with opioid and dreaming up adventures with his sisters to hope that their child gets arrested

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.001 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2063 and gets a conviction record so they plan than they could provide. I called the called 911 and began CPR. Within minutes can go to a drug court to get treat- CPS case worker and addiction counselor the ambulance arrived. They worked on him ment, that that is the only help they that were assigned to watch over the chil- for some time while I spoke to the police of- have. dren and monitor the two after Nick’s over- ficer then they took him out to the ambu- dose in June. We all met at the house to de- lance. I assumed they had stabilized him One of our daughters had learned that Nick termine the next course of action. After nu- enough to transport him and waited for my could get treatment if we pressed charges merous phone calls, we were able to find an in-laws to arrive to watch our grandson. against him for theft. He would be charged, ‘‘open’’ bed in Las Vegas, Nevada, for Nick, When Criss and I were called back into the then court-ordered to be sent to an addiction while his girlfriend would decide the fol- emergency room we did not expect to hear treatment center. She felt that this was the lowing week to go to a treatment center in that Nick had passed. We didn’t expect that best course of action to get Nick the help he Fairmont, WV. we would have to call our daughters to tell needed, but Criss and I were hesitant because In less than a week, Nick was on a plane to them that their brother was dead or that we of the negative impact a felony charge would Vegas, eager to begin a new, clean life. He would sit in a room with him feeling him go have on Nick’s life if the charges weren’t ex- was upbeat and positive before he left, ex- cold while we waited for our daughter to ar- punged after completing his treatment. cited by the prospect of finally leaving be- rive from Morgantown. We weren’t able to Which is our what we call fresh start hind the life of addiction that he’d been liv- get in touch with our other daughter and had or last-chance bill, which the Presiding ing for so long. During his phone calls home, to send my sister over the following morning Officer has been so graciously looking he had positive things to say about his treat- to tell her the news. We didn’t expect that in at and hopefully will be a part of this. ment. He was staying in nice homes that less than two days we’d be picking out a cof- were part of the treatment center. Along fin and cemetery plot for our son. It is a shame they fall into this. with their daily treatment schedule, they We expected that we would be sending him Our decision to not go this route caused were taken on hikes and went go-cart racing. back to treatment in the hope that the next even more anger. He even had a manicure at the facility’s round would be successful. We expected an- Since they knew that, hindsight salon. The purpose of these activities was to other chance. And what we have now is the being 20/20, this was the only way to teach the patients natural ways of experi- knowledge that we failed our son in the get Nick help. encing highs. worst way possible. Nick’s release date was scheduled for Octo- Sincerely, Little did we know that, by late-March or ber 3rd. There were longer-term treatment Renee and Criss Fisher. early April, Nick and his girlfriend had de- plans offered at the facility, but Nick missed There is a picture that would be hard cided to celebrate their being clean by using his son and worried about his girlfriend and heroin ‘‘just this once’’ as a reward for stay- to show because it was the most mov- wanted to come home. The treatment center ing picture I have ever seen. They sent ing clean. had set up group sessions for him three times They were rewarding themselves by a week for a period of about six weeks. me the picture of Nick, this wonderful using heroin to celebrate being clean. Nick came home on a beautiful, sunny day. young man, lying in a casket and his Now, understand, that is not proper I waited at home for him with his son, who little boy tiptoed up holding on. That thinking. That is not rational common had been staying with me, and his other should move all of us to do the right sense. grandmother. thing here, to start finding treatment In the past, the two had snorted heroin but I wish we had this picture of his son, centers, to start working with this ill- had never injected it. When they went to buy a beautiful little boy. ness, to find ways to understand, and from their dealer, he told them that since When I saw Nick for the first time, he to start intervening. You have to inter- they didn’t have much money and there were looked beautiful. He looked and acted like vene from inception, from birth and all two of them, they could get a better high the Nick that we had known before addic- the way through, educating children. It with less heroin if they injected it. And that tion. He told us about his stay in Vegas and is destroying economies. It is destroy- was the beginning of a rapid decline. was literally shining with hope! He told me, ing families. It is destroying, basically, ‘‘Mom, I will never go back to that life!’’ And On June 2, 2016, Nick had his first overdose. communities all over this country. Without our knowledge, his girlfriend had I believed it was possible. taken Nick, along with the children, to the That hope began to fade pretty quickly. It is something that I hope we all can emergency room, where he was treated and Nick had started working about six weeks fight. To lose a young man—this was a released within a few hours. Unbeknownst to before he left for rehab. It had taken him a terrific young man, and to lose him to us, this initiated a call to CPS that would re- long time to get that job and he enjoyed it drugs is uncalled for. sult in her daughter’s father taking custody and felt that he could actually provide for I yield the floor. of her and CPS involvement for Nick and his his family if he could work his way up. How- The PRESIDING OFFICER (Mr. SUL- girlfriend and their son. ever, after rehab he was unable to secure a LIVAN). The Senator from Utah. At the hospital, Nick and his girlfriend job. Nick was going to his scheduled group NOMINATION OF NEIL GORSUCH talked with a doctor out of Pittsburgh about sessions and going to nightly NA meetings Suboxone. They agreed to try the program. I for support. Nick finished up his six weeks of Mr. LEE. Mr. President, I rise in sup- traveled with Nick, his girlfriend and her group therapy. He was so proud when he re- port of the nomination of Judge Neil mother for the first visit to Pittsburgh. They ceived his ‘‘sixty day’s clean’’ chip at the NA Gorsuch for the Supreme Court of the had a high success rate, and it was decided meeting. Seven days later he and I spent United States. that once the treatment was established, the part of the afternoon together. He wanted to Last week the Judiciary Committee, two would go to Pittsburgh once a month for look for a job and I had some errands to run. on which I serve, held a week-long se- drug testing, counseling and their Suboxone He dropped me off where I needed to be and ries of hearings concerning Judge prescriptions. The clinic would line up addi- applied for jobs. When I finished, he picked Gorsuch’s nomination. After listening tional support services in Parkersburg or me up and I took him to Sam’s Club to show close by. We were very impressed with the him cute toys for his son for Christmas. We to the judge’s flawless testimony, after clinic, their staff and their program, which picked out a racetrack together and I showed listening to him answer questions from only took on 100 patients at a time. him a few other things I had bought for my my colleagues for days on end, I am Criss came to the next meeting two weeks grandson. I had mentioned that Criss might even more convinced than ever that he later to speak with the counselors and was get his son a basketball hoop for Christmas is exactly the kind of jurist we need on now more comfortable with the treatment and he told me, ‘‘No Mom, I want to buy that the Supreme Court of the United plan. Unfortunately, when the counselors for him with my own money.’’ States. tried to set up local support services, they We had a good afternoon together. He had I want to briefly explain my support were shocked to find the small number of made plans for the evening, to meet up with places that treated addiction and the fact some of his high school friends who were in for the judge, and then respond to some that the ones that were here would not pro- for the weekend. He left my house around of the criticisms that have been leveled vide services for patients who were not in eight o’clock and I heard him return around against him. their program. The decision was made to in- 12:35 am. All of his friends later said that First and foremost, Judge Gorsuch crease their sessions to twice a month and he’d had a good night. He was happy and understands the proper and necessarily eventually once a week when it became ap- smiling and there was nothing to indicate limited role of the judiciary in our con- parent through consistent ‘‘dirty’’ screens that there was anything wrong. Shortly after stitutional Republic. that the two were struggling with the pro- I heard Nick come in, my grandson’s crying Last week, over and over, Judge gram [and still using]. woke me up and I woke to change him, give Gorsuch affirmed—even against great In August, his girlfriend suffered an over- him a bottle. I headed back to bed and no- dose. The Pittsburgh Clinic called shortly ticed the light on in the bathroom and criticism that at times can be difficult after that and said that they were releasing knocked and opened the door. It was around to understand in its entirety—but re- the two from the program, letting us know 1:45 am and Nick was lying on the bathroom sponded time and again to criticisms that they needed a more intense treatment floor with no pulse and not breathing. I by pointing out that it is his job as a

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.012 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2064 CONGRESSIONAL RECORD — SENATE March 29, 2017 judge to interpret and apply the law— But, Senator, when you attack the integ- sents more than this. In fact, in many not to make it, not to establish policy, rity or honesty or independence of a judge, instances, dissents are necessary. In but to apply that policy which has al- their motives, as we sometimes hear, Sen- many instances, a dissent can be use- ready been placed into law by the legis- ator, I know the men and women of the Fed- ful, even indispensable. There are eral judiciary, a lot of them. I know how who lative branch. hard their job is, how much they often give judges out there who dissent more than When you are reading law, the text up to do it, the difficult circumstances in this, and there wouldn’t be anything matters. Our laws consist of words and which they do it. It is a lonely job, too. I am wrong with Judge Gorsuch if he dis- each word matters. If the law leads to not asking for crocodile tears or anything sented any more. My point is that of an uncomfortable outcome for the par- like that. I am just saying I know these peo- all the arguments you can make ties, for politicians, or for anyone else ple, and I know how decent they are. And against Judge Gorsuch, this is not a in our society, then, it is our job as a when anyone criticizes the honesty or integ- fair characterization. To say that he is Congress—or if it is State law at issue, rity, the motives of a Federal judge, well, I out of the mainstream simply runs find that disheartening, I find that demor- against mathematics. It runs against it is the job of a State legislature—to alizing, because I know the truth. get the policy right, to fix the policy the bold statistics on their very face, Senator BLUMENTHAL asked Judge problem at issue. The judge’s job is to which contradict this characterization. Gorsuch whether, when he said ‘‘any- go where the law leads the judge, not Some of my colleagues respond that one,’’ that applied to the President of to correct the law. only a handful of cherry-picked cases the United States. Judge Gorsuch re- Over and over, Judge Gorsuch af- matter. If you watched the hearing last sponded simply: ‘‘Anyone is anyone.’’ firmed the importance of precedent in week, you might recognize the names It is true that Judge Gorsuch didn’t use our system. It is clearly a topic that he of some of these cases. They include the magic words: I disagree with Presi- takes very seriously, having coau- TransAM Trucking, Hwang, Luke P., dent Trump. But he can’t get involved thored a treatise on that very subject. Hobby Lobby. What I find revealing is in politics. He said here what he can While precedent is not always absolute, that my colleagues never mount much say. In fact, he said all he can say in in so far as you have a clear conflict of a legal argument against any of this context. with the text, Judge Gorsuch testified these decisions. No, you are not going Moreover, here are some additional to find quibbling with the statutory that you start with the ‘‘heavy pre- parts of Judge Gorsuch’s testimony, sumption in favor of precedent.’’ He de- construction in these cases. They don’t which shed light on this issue. parse the statutes at issue and then ex- scribed precedent as the ‘‘anchor of the From Tuesday: plain where it is that Judge Gorsuch law.’’ I have no difficulty ruling against or for Over and over, Judge Gorsuch ex- any party other than based on what the law somehow got it wrong, somehow de- plained that judges are not partisans in and the facts in the particular case require, parted from what the law actually robes. No, they are different. They are and I’m heartened by the support I have re- says. No, they are looking at outcomes. different from politicians. They are ceived from people who recognize that They think Judge Gorsuch should have meaningfully different than the politi- there’s no such thing as a Republican judge bent the law in order to go where they cians who make the laws or the politi- or a Democratic judge. We just have judges think the law should go. They want cians in the executive branch who en- in this country. judges who have the right approach in force and execute the laws. They are On Wednesday he said: mind, the right outcome in mind, and unfailingly independent when they are I do not see Republican judges, and I do to decide the case according to what doing their jobs right. They are de- not see Democrat judges. I see judges. outcome they desire. voted to the rule of law. They do their So I think any fairminded person I flatly disagree with this view of best to decide cases on the basis of the looking at this would have to agree judging. It is a view, frankly, that is law and the facts, rather than on the that Judge Gorsuch’s feelings about ju- way out of the mainstream in Amer- basis of achieving whatever outcome dicial independence in cases before the ican law. To say it is out of the main- they or others might desire. Federal judiciary are very clear. To my stream in American law does not mean Some of my colleagues’ views of colleagues who might see the issue dif- out of the Republican mainstream or Judge Gorsuch’s record are different, ferently, I would ask simply: What the conservative mainstream or the and I want to address some of their should Judge Gorsuch have said with- mainstream among members of the concerns. First, some of my colleagues out getting involved in politics, with- Federalist Society. No, I am talking have questioned the independence of out miring himself in a debate that is about rank-and-file practitioners of the Judge Gorsuch and his ability to exer- within the political branches of govern- law, jurists from every conceivable cise judicial independence. This is a ment and, therefore, within the polit- point along the political and ideolog- very serious accusation. In fact, it is ical rather than the judicial interpre- ical spectrum. This is just not some- probably one of the worst things you tive arena? thing that a judge would ever want to could say about a judge. So my col- Second, some of my colleagues allege admit to doing. Certainly, it is never leagues who have raised this criticism that Judge Gorsuch is somehow out of anything a judge would aspire to do— would need to back that up against the mainstream. But consider these to choose an outcome and say: I am something. If you are going to raise a facts. Judge Gorsuch has decided going to reach that outcome, and I really serious accusation against some- roughly 2,700 cases. His decisions have don’t really care that the law doesn’t one, as you are whenever you are call- been unanimous 97 percent of the time. really authorize me to do it. I am just ing into question a judge’s independ- Keep in mind that he is an appellate going to do it because I think, in some ence, you have to be able to back it up. judge who sits on the U.S. Court of Ap- abstract sense, that outcome would Let’s look at that. Can they back it peals for the Tenth Circuit. Appellate achieve a greater degree of fairness up? I don’t think so. In fact, I am quite judges never sit alone in that capacity. than what the law actually requires me certain they can’t because they They sit in panels—normally in panels to do. haven’t. The argument boils down to of three and sometimes in panels of a Third, I am distressed by a lot of the the complaint that Judge Gorsuch dozen or so when they sit on the bench. rhetoric that we heard during the con- hasn’t sufficiently criticized President And 97 percent of the time, all of the firmation hearing last week—rhetoric Trump’s comments about judges. But judges with whom Judge Gorsuch sits that I expect to continue and even here is what Judge Gorsuch said about in any case agree with whatever deci- mount over the next 10 days or so. One this topic last week. He said this in re- sion he reaches. He is in the majority of my colleagues last week actually sponse to questions raised by Senator 99 percent of the time. went so far as to describe the Supreme BLUMENTHAL on the Judiciary Com- He is about as likely to dissent from Court of the United States as an ‘‘in- mittee. He said: a Republican-appointed judge as a strument of the Republican party.’’ Democratic-appointed judge. He has Other colleagues have complained Senator, I care deeply about the independ- ence of the judiciary. I cannot talk about the been reversed twice, and in both cases about the so-called dark money cam- specific cases or controversies that might he was following circuit precedent. I paign to support Judge Gorsuch’s nom- come before me, and I cannot get involved in want to make it clear that there is ination, and still other colleagues com- politics. nothing wrong with a judge who dis- plain that President Trump or Steve

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.014 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2065 Bannon or Reince Priebus or others are dent, taking that threshold down from and other necessities in Hawaii, that is enthusiastic about Judge Gorsuch’s 60—by precedent—to 51. Through going not nearly enough. nomination, as if the fact that someone nuclear, this is the result they Seniors should be able to count on us is supported by someone they don’t achieved. to keep Social Security strong. That is like means that the person in question Their analysis, in its entirety, went a bedrock position we should honor. is not qualified. This is unfair to Judge in this direction. Their analysis nuked Given the retirement crisis, taking Gorsuch. the Executive filibuster. It nuked the away tools that States and local gov- Judge Gorsuch didn’t decide Citizens filibuster on the Executive Calendar. ernments can use to help bolster retire- United. He didn’t decide Hobby Lobby Interestingly, although some were in- ment savings makes absolutely no or any other case my colleagues dis- sisting at the time and went to the sense, yet this is what we are about to like. He made clear in no uncertain floor to explain at the time that they do if we pass these CRA resolutions. terms that no one speaks on his behalf didn’t intend for this to extend to Su- Last week, the Hawaii State Senate but him. preme Court nominees, when everyone held a hearing on legislation that They may dislike some of the cases thought Hillary Clinton would be would establish a Hawaii retirement in which he offered opinions, but, President—Harry Reid admitted that savings working group. The proposed again, in those cases, they are not the Democrats would extend this same legislation would bring together public quibbling with the way that he inter- precedent through which the Demo- and private stakeholders to look at preted the law. No one has attacked his crats had nuked the Executive fili- ways to improve retirement savings for interpretation of a statute, his ap- buster to Supreme Court nominees. workers. A number of stakeholder proach to statutory construction. They So, look, I work with my colleagues groups, retirees, and other citizens tes- are quibbling with the outcome. They on the other side of the aisle on a great tified on the bill. are quibbling with the fact that they number of important issues, issues that Let me tell you one of their stories. wish it had turned out differently on are very important to me, issues like His name is Donald. He is a 61-year-old policy grounds, policy grounds that criminal justice reform, reform of the gay man who has lost three husbands have everything to do with the policy- Foreign Intelligence Surveillance Act, to HIV/AIDS. Donald has worked for 35 making arms of the government and reform of the Electronic Communica- years and even set aside money for re- not with the jurisprudential arm of the tions Privacy Act of 1986, which is tirement using 401(k)s—401(k)s that he government. badly in need of reform, and a number cashed out to help cover medical costs Even worse, these types of state- of other issues, many of which involve for his loved ones. ments are damaging to our judiciary. If privacy protections. These are A-plus He said: ‘‘I did what I had to do out you don’t like a judicial decision, en- legislative priorities for me. Nothing of love and devotion, especially when gage the decision on its own terms, en- else is more important, and I stand each of my guys’ families took a step gage in a discussion of how that deci- ready to reform the law whenever I see back in the face of adversity.’’ sion turned out wrong or where it is the need to do so and will continue to Donald now lives paycheck to pay- that it departed from what the law re- work with my Democratic colleagues. check in senior affordable housing. He quires. Make a legal argument, in As we approach this discussion, I plans to work until he is at least 65. other words. want to be clear that unilateral disar- Personal tragedy isn’t the only rea- The courts announce reasons for mament doesn’t work. I hope the son it is difficult for him to save. He their decisions. There is plenty of ma- Democrats reverse course and do not wants to save, but he noted that ‘‘I am terial to dig into, but don’t impugn the filibuster this nominee, but if they do, trying to muster some form of IRA judge’s motives or independence. This I am confident Judge Gorsuch will be through local financial institutions to is especially harmful when you impugn confirmed. no avail. No one returns the calls.’’ the judge’s motives without actually The PRESIDING OFFICER. The Sen- For too many working people, saving getting into what the judge did or what ator from Hawaii. for retirement isn’t automatic or easy. the law says and explaining how those Ms. HIRONO. Mr. President, I ask It seems out of reach, but we can’t let two things diverge. unanimous consent that Senator that stand. Don’t accuse the Supreme Court of WHITEHOUSE speak after me, followed The Obama administration recog- functioning as an instrument of the by Senator COTTON, if he is on the nized the retirement crisis in our coun- Republican Party. In fact, you might floor. try and the need for new thinking to as well call someone a so-called judge The PRESIDING OFFICER. Without help people save. In fact, that is the in a case where you disagree with the objection, it is so ordered. point of the regulations the Senate is outcome. In fact, calling someone a so- Ms. HIRONO. Mr. President, I rise in poised to kill. These regulations sim- called judge is probably no worse than opposition to both of the Congressional ply provide a framework that States calling the Supreme Court of the Review Act, or CRA, resolutions re- and cities can use to expand access to United States an instrument of the Re- lated to retirement that we will be con- retirement savings. publican Party. sidering this week. These CRA resolu- There are no Big Government man- Finally, I want to talk about the fili- tions before us would kill Federal regu- dates or industry takeovers. States and buster. The minority leader has urged lations that give cities and States the cities would simply have the oppor- his colleagues to filibuster. The minor- opportunity to expand retirement op- tunity to be creative and help families ity whip has announced he will fili- tions for individuals. save for retirement. The fact Repub- buster. Only two Democrats have said Our Nation faces a retirement crisis. licans want to kill these rules has a they will vote yes on cloture, so here In Hawaii, about 50 percent of private certain ‘‘Alice in Wonderland’’ quality we are. sector workers have jobs that don’t to it, where up is down and down is up. I ask my colleagues: If Neil Gorsuch provide retirement benefits. For the last few weeks, Republicans can’t get 60 votes for cloture, which According to a recent survey by touted how TrumpCare was giving Republican nominee can? AARP Hawaii, 56 percent of working States more flexibility to provide Some of my colleagues have argued age people feel anxious about having healthcare, while the reality was that that if a nominee can’t get 60 votes, enough money saved for retirement. for a State like Hawaii and many oth- the President should find a new nomi- For generations, Americans relied on ers, TrumpCare would have saddled nee. I ask my colleagues: Was that the the ‘‘three-legged stool’’ of retirement: them not with more flexibility but standard for several of President Social Security, private savings, and a more costs. At that point, States’ Obama’s nominees at the U.S. Court of pension from their employer. Those rights was one of the selling points for Appeals for the DC Circuit? days are gone. More and more seniors that disastrous legislation. Well, yes, it was. Under rule XXII, are relying on Social Security for a This week Republicans have taken a that was the standard. That was the bigger share of their income in old age. U-turn. Now they are trying to kill standard until, in November of 2013, In Hawaii, the average monthly So- regulations that would actually give the Democrats in the Senate went nu- cial Security benefit is $1,408. Given States more flexibility to provide re- clear, and they created a new prece- the cost of housing, medical insurance, tirement security. Why we should take

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.015 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2066 CONGRESSIONAL RECORD — SENATE March 29, 2017 away this tool from States is beyond highways and roads by then, so our al- infrastructure, as the President me. Cynics would say Republicans are ready worn-down infrastructure is wished, creating over 50 million Amer- doing this to help some private entities going to take an even heavier beating. ican jobs. The blueprint encompasses sell more retirement plans to people. We have to be ready for this. We have not just roads and bridges but parks, However, the reality is that millions of to make smart investments in the in- schools, hospitals, and airports. It calls families are not being served. frastructure backbone of American for investing $100 billion in smalltown Killing these rules is the latest Re- commerce. We should make those in- communities that need revamped infra- publican attack on working people. We vestments now, and we should make structure, over $100 billion in aging should be fighting to give people like them for the long term. water and sewer systems, $50 billion in Donald more hope and opportunity. I am hopeful. Transportation infra- our railways, over $100 billion in public Voting against these resolutions is a structure has been a rare bipartisan transportation, and $30 billion in our vote to help people like Donald. bright spot in Congress. After all, our essential port infrastructure. It would I urge my colleagues to join me in red States and our blue States both put billions toward modernizing our opposing what I can only characterize have bridges that age and water mains energy grid by connecting rural areas as lousy anti-working people resolu- that rupture. and driving investment in clean en- tions. Congress has tried many times to ergy. I yield the floor. push large bipartisan infrastructure It includes strong support for Amer- The PRESIDING OFFICER. The Sen- bills. In the 112th Congress, a bipar- ican workers—something the President ator from Rhode Island. tisan group led by Senators Kerry, claims as a priority—with ‘‘Buy Amer- Mr. WHITEHOUSE. Mr. President, I GRAHAM, and Hutchinson, introduced ican’’ provisions to promote American- ask unanimous consent that I be per- the BUILD Act to create a national in- made products and protections like the mitted to speak as in morning business frastructure bank that would have au- Davis-Bacon law to make sure Ameri- for up to 17 minutes. thorized up to $10 billion to underwrite cans earn fair wages. The PRESIDING OFFICER. Without transportation, water, and energy For a coastal State like Rhode Is- objection, it is so ordered. projects. land, which has to prepare for rising OUR NATION’S INFRASTRUCTURE The Partnership to Build America seas and increased storm surges from Mr. WHITEHOUSE. Mr. President, Act, introduced in the 113th Congress climate change, the blueprint includes with the Republican plan to defeat the by Senators BENNET and BLUNT, also $25 billion to improve coastal infra- Affordable Care Act itself defeated, proposed an American infrastructure structure and make coastal commu- President Trump says he wants to fund, this time financed with a form of nities more resilient. This includes move beyond healthcare to focus on tax repatriation. competitive critical infrastructure re- other priorities. One area that he has In the 114th Congress, we were actu- siliency funding, a new Resilient Com- often highlighted is our Nation’s crum- ally able to pass the first long-term munities Revolving Loan Fund, and bling infrastructure, which is a pri- transportation law in 10 years. The support for the National Oceans and ority that many of us share and is FAST Act—short for Fixing America’s Coastal Security Fund, which I au- something I would like to discuss Surface Transportation—authorized thored sometime ago to research, re- today. more than $300 billion in transpor- store, and reinforce our cause. Our plan All of our kids, I suspect, dread hav- tation infrastructure investment over is big, it is bold, and it should garner ing to bring home a lousy report card. a 5-year period. the support of anyone who says they They would be facing a serious talk. We also passed the Water Infrastruc- want to improve America’s infrastruc- Every 4 years, the American Society ture Improvements for the Nation Act ture and create jobs at home. of Civil Engineers issues a report card to address drinking water emergencies This work is vitally important in my for American infrastructure. Our 2017 and authorize a number of new Army home State. The American Society of report card—out just this month— Corps of Engineers projects, including Civil Engineers’ report card shines a shows lousy marks across the board for the removal of pilings and debris from light on Rhode Island’s particular in- American infrastructure. Our ports and the Providence River in Rhode Island. frastructure woes. It shows we need bridges got C-pluses, flat Ds for both These bipartisan successes, however, $148 million for drinking water infra- drinking water infrastructure and barely put a dent in our Nation’s total structure needs and nearly $2 billion roads, and our energy grid got a D-plus. infrastructure needs. for wastewater infrastructure fixes Overall, the United States took home a Out on the campaign trail, then-can- over the next 20 years. We have $4.7 D-plus grade point average. It is not didate Donald Trump spoke broadly of million of backlogged park system re- pretty, and not an improvement over a $1 trillion infrastructure push. I pairs and a $241 million gap in needed the scores we got 4 years earlier. agree we have to make that investment upgrades at schools. A report card is a progress report, in America’s infrastructure, but we More than half of our roads are in and our grades show we are not making also need to make sure we get real poor condition. A lot of our infrastruc- progress. So it is time to get serious commitment from Washington, not ture, unlike Alaska, dates back to colo- about the sorry state of America’s just public-private partnerships and nial days when the foundations of our roads, bridges, ports, and pipes, which nebulous tax cuts. To bring our roads roads were first traveled by ox carts. literally keep our economy moving. and bridges into the 21st century, we This state of disrepair costs my con- The Civil Engineers estimate that we need a far-reaching infrastructure pro- stituents a lot of money. I have been need an additional $2 trillion in infra- gram like Franklin Roosevelt’s Works told by the transportation research structure investments over the next 10 Progress Administration. group TRIP that driving on cracked years to get our infrastructure back to The Joint Economic Committee’s and crumbling roads in Rhode Island a B grade level. The study also found Democratic contingent put out a re- costs our motorists $604 million per that there is a cost for lousy infra- port analyzing the President’s proposal year—more than $810 per motorist, per structure—that we are set to lose near- to use investor tax credits to close our year, in vehicle repair and operating ly $4 trillion in GDP and $7 trillion in infrastructure gap. What they found costs from banging into potholes. lost business sales by 2025, which would was that using these tax credits alone In our State, 56 percent of the bridges result in 2.5 million fewer jobs that would actually ‘‘cost nearly 55 percent are deficient or obsolete. That, I am year. more than traditional infrastructure fi- sorry to say, is the worst rate in the America’s declining infrastructure nancing.’’ We can’t let infrastructure country. Those bridges have been also faces growing demand. The Bipar- turn into a special interest boondoggle. around a long time in many cases, and tisan Policy Center estimates an addi- In the absence of any sort of Execu- they are literally falling down piece by tional 100 million more people will rely tive plan or strategy, Senate Demo- piece. It can be pretty shocking to see. on our transportation system by crats, led by Minority Leader SCHUMER, This photo shows part of the 6/10 Con- midcentury. The U.S. Department of put forward our own blueprint to re- nector in Providence. The interchange Transportation says that we can expect build America’s infrastructure. It is a vital link in the State’s highway twice the level of freight traffic on our would invest $1 trillion in the Nation’s network for vehicles traveling between

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.016 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2067 Interstates 95, 195, and 295. It was built zones, they are actually in velocity Every conversation we had drove in stages through the 1950s, and it can zones where wave action is expected home this point: Iran is the single most no longer accommodate the approxi- against the structures. These improve- destabilizing force in the Middle East. mately 100,000 automobiles and heavy ments are essential to meeting our in- That is because it is more than a re- trucks that travel on it each day. Our frastructure needs over the coming gional power, it is a revolutionary department of transportation has spent decade. power. The regime in Tehran is not sat- millions of dollars on temporary main- Every coastal State—especially those isfied with finding good trading part- tenance to keep the interchange shored in the Northeast and the western Gulf ners or even bullying other countries up and in operation, but you can see of Mexico, which are expected to see into proper neighborly deference. Big that this type of jury-rigging is not a the most dramatic rises in sea level— countries throw their weight around lasting solution. should be nervous. That is why the all the time, after all. No, what is dif- While Rhode Island directs millions Democratic infrastructure blueprint ferent about this regime is that it is of State funds to repair and replace- includes funding for resilient coastal not trying to create clients; it is trying ment of these structures, we need some communities, including support for the to create clones. It wants to expand its Federal financing to ensure that this National Oceans and Coastal Security influence by subverting legitimate gov- work gets done before a serious failure Fund. I have worked to establish this ernments in places such as Yemen and occurs, which could disrupt commerce lifeline for coastal infrastructure since Lebanon and replacing them with rad- up and down the entire Northeast Cor- my early days in the Senate. Once we ical regimes. Countries that it can’t ridor. fund it, it can be a tremendous re- subvert, it tries to destroy, like our The evidence of dangerous disrepair source for coastal communities need- friend Israel. And its aggressive sec- is all over my State. This photo depicts ing infrastructure improvement and tarian ideology drives Sunni Muslims a crumbling bridge on Route 37, the smart coastal adaptation. into the arms of extremist groups like east-west freeway servicing the cities President Trump has said he wants a the Islamic State. of Cranston and Warwick. The tumble- $1 trillion infrastructure bill. I am There is no getting around the fact down cement and rusting ironwork are ready to roll up my sleeves and ‘‘git ’er that in the Middle East, the answer to not reassuring. Here is another graphic done.’’ Democrats have put forward a most questions is Iran, and our allies showing a rusted and ramshackle blueprint for making the investments have told me repeatedly in recent bridge over Highway 95. We can save our Nation so badly needs. Congress months that they need our help to con- money in the long term—a stitch in can come together on a plan that can front Tehran’s campaign of imperial time saves nine—if we can get on to provide direct, long-term support and aggression. these repairs and get these bridges help communities address current In Lebanon, I am happy to say there fixed. needs, while also preparing for the are some signs of hope. The new Prime We also have to consider the bridges, changes we know are coming down the Minister, Sa’ad Hariri, has formed a roads, ports, rails, and other transit pipeline at us. I say to my Senate col- government and is purportedly on the systems in the Ocean State that are, as leagues and to the administration, let’s verge of approving a budget—the first you might imagine, very close to our get to work. of its kind since 2005. For years, the coast. This infrastructure is at par- I yield the floor. Lebanese Government has struggled ticular risk from sea level rise, from The PRESIDING OFFICER. The Sen- with the growing influence of Iran’s storm surge, and from the more severe ator from Arkansas. proxy, Hezbollah, members of which storms that come at us offshore, driven MIDDLE EAST CODEL are on trial for carrying out the assas- by warming seas and climate change. Mr. COTTON. Mr. President, I re- sination of the Prime Minister’s father, Recently, NOAA released updated turned last week from the Middle East, Rafic, in 2005. But now that Hezbollah global sea level rise estimates, and where several colleagues and I spent is committed to the war in Syria, the they focused those global estimates on the weekend meeting with leaders and Lebanese Government has an oppor- the U.S. coastline. The estimate for security officials in Lebanon, Jordan, tunity to take control of its border, its their ‘‘extreme’’ scenario—that is, if and Israel. As usual, the men and army, and its governing institutions, we continue to emit high levels of car- women who assisted us were consum- free of their terrorist influence. We bon pollution—was increased by half a mate professionals, whether it was the should take all prudent steps to sup- meter, to a total of 2.5 meters or over U.S. Marines, Embassy personnel, or port Lebanon as it strives to create se- 8 feet of global mean sea level rise by our own military escorts and congres- curity and stability for its own people 2100. sional staff. They all did a superb job, and its neighbors. My State’s Coastal Resources Man- and I want to extend to them my deep- Then there is Jordan, which for so agement Council has adopted the est thanks. I want to say a few words long has been a relative island of calm ‘‘high’’ scenario for planning purposes about what we learned while we were in a tumultuous region. The Hashemite and made the adjustments for the local there. monarchy has been a faithful friend to conditions, and they now put 9 vertical Contrary to conventional wisdom, America for years, but now, for the feet of sea level rise as the expectation our allies told us they are more opti- first time in recent history, Jordan for Rhode Island’s coast by 2100. Of mistic about their relationship with faces a hostile, aggressive power on its course, as any coastal Senator knows, the United States now than they were borders—ISIS. It is also under an im- when you go straight up 9 feet, you can under the last administration. If you mense strain as it deals with hundreds go a long way back, pushing the shore- thought diplomacy consisted simply of of thousands of Syrian refugees living line into what is now inland, flooding a suave sophistication, I can understand in its territory. Today, Jordan spends lot of infrastructure. your confusion. But among our allies, up to 25 percent of its budget on help- We need to protect evacuation routes there is no confusion about what their ing refugees. We need to continue help- from flooding, we need to bolster hurri- interests are, how the United States ing this bulwark of stability stand cane barriers, and we need to replenish shares them, and which country in the against the forces of Islamic extre- beaches and nourish wetlands. To pro- whole region threatens them most of mism by sharing intelligence, helping tect infrastructure from storms, we all—Iran. Once you realize that, it is train police and counterterrorism need to raise ports and reinforce not so hard to understand their morale forces, and partnering in the fight bridges that are exposed to corrosive boost. Do they watch what we say? against ISIS. saltwater from storms. We need to Yes, of course, very carefully. But they Finally, there is Israel, which it is no manage upstream reservoirs to control watch even more carefully what we do, secret that the regime in Tehran has downstream flooding. We need to pro- and even though our foreign policy was vowed to destroy. While we were over- tect groundwater drinking water sup- cloaked in ‘‘pretty words’’ over the last seas, Israeli warplanes struck deep into plies from intruding saltwater. We need 8 years, they see the difference in lead- the heart of Syrian territory. They to retrofit lowland wastewater treat- ership as clear as day. The last Presi- were targeting a convoy of advanced ment plants that are in danger of flood- dent coddled Iran, and this President is missiles bound for Hezbollah. In a seri- ing. Some of them are not just in flood confronting Iran. ous escalation, Syria fired missiles not

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.017 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2068 CONGRESSIONAL RECORD — SENATE March 29, 2017 only at Israeli aircraft but at Israeli According to the 2016 National Agri- to be down. An 80 percent drop in just territory, one of which was intercepted cultural Statistics Survey, Colorado a few years is devastating for rural by the Arrow 2 missile defense system. ranks in the top 10 in production for communities. I believe the exact num- This incident goes to show just how the following agriculture commodities: bers in Colorado are something like important our aid is to protecting barley, beans, sweet corn, alfalfa, pota- going from $1.8 billion in farm income Israel’s security and how important toes, millet, sorghum, sunflowers, to a little over $300 million in farm in- Israel is to confronting Iranian-spon- wheat, cabbage, cantaloupe, onions, come just over a matter of a few years. sored aggression. We must continue to cattle, lamb, and wool. Colorado is one While we have done a good job of ad- support Israel and its development of of the top 10 producers in those com- dressing regulatory concerns, we have advanced missile defense systems. modities. It is a remarkable list that to make sure that we are doing a good I am happy to report that all three of shows the diversity of Colorado from job of addressing continued trade op- our allies continue to seek ever-closer the plains to the mountains and the in- portunities in this country as well. friendship with the United States. credible production levels that we have Corn and wheat prices are hitting 10- They are optimistic about their ability achieved. year lows. The price is so low that it to work together under the new admin- One of the goals I have had in the costs farmers more to produce the istration, and they sincerely appreciate Senate, of course, is to help make sure crop, as I mentioned, than it is worth everything our country has done for that we have the right policies to sup- on the market. You do not have to be them. port our farmers and ranchers through- an economist to figure out that that is I saw for myself a reminder of this out Colorado who are producing every- not going to let you stay in business country’s sacrifice at the U.S. Embassy thing from barley to potatoes. I want for much longer. in Beirut. There, you will find a memo- to make sure that we work to add even Simply put, we have a lot of people rial that is dedicated to the 241 Ameri- more crops to this list of the top 10 in who are worried in Colorado and across cans who died in the terrorist bombing order to strengthen the agricultural in- this country for agriculture and our of our Marine barracks in 1983. That dustry in Colorado. rural communities, which are depend- atrocity was committed by Hezbollah, As I mentioned a few weeks ago when ent on their farms and ranches. The if anyone needed a reminder as to why I came to the floor to talk about that Presiding Officer is from the great we fight alongside our allies against crisis, the Wall Street Journal article State of Iowa—a leader in this country the Iran-Hezbollah-Syria axis in the highlighted a story from a farmer in when it comes to agriculture. Whether contest of supremacy in the Middle Kansas. I recently talked to a farmer you live in the Eastern Plains of Colo- East. in eastern Colorado who is getting paid rado or in the great State of Iowa, the If our trip taught us anything, it was $3.21 for a bushel of corn, but to pay fact is we have to provide that leader- that our allies will not give up the the bills, his break-even point on that ship on a global stage to make sure fight but that it will take American bushel of corn—the amount of money that our ag communities survive and leadership to stop Iran’s campaign of that it took to make that corn bush- thrive. imperial aggression. Earlier this year, I sent a letter to I yield the floor. el—was $3.92 cents. So he was getting paid $3.21, and it cost him $3.92. That is the Colorado Farm Bureau that solic- The PRESIDING OFFICER (Mrs. ited feedback on what Congress and the ERNST). The Senator from Colorado. not the right side of an equation to be on if you are in business and, particu- Federal Government could do to sup- AGRICULTURE port Colorado agriculture. In their re- larly, if you are hoping to pass that Mr. GARDNER. Madam President, I sponse, I received a number of rec- business on to future generations. rise to talk about the continuing chal- ommendations from the Colorado Farm lenge that our agricultural commu- I think it is important that the Sen- ate talk about commodity prices and Bureau and a number of organizations nities face across this country. that they reached out to to respond to Just a couple of weeks ago, I came to that we talk about the impact that in- creased Federal regulations have had my request and my question. the floor and cited a Wall Street Jour- On the list, of course, was regulatory which make it more difficult for that nal article with the headline: ‘‘The reform—one of the four pillars that we farmer to survive, that have driven up Next American Farm Bust Is Upon Us.’’ have to address in order to have suc- the cost of doing business, that have Living in eastern Colorado, in a purely cessful agriculture in this country. driven up the cost that you need to be 100 percent agricultural community, I Their concern is that overregulation understand that when there is a down- paid per bushel of corn so that you can creates uncertainty in regulations like turn in the ag economy, it does not af- help make ends meet. the waters of the United States and the I talk about barriers to exports and fect businesses on Main Street later BLM 2.0 rules. that week or later that month; it af- limited financing options. Those are The good news is that, with regard to fects them that very same day. He is four things that we have to lay out— both of these rules, we have been able not just somebody who is going in to commodity prices—and deal with. We to roll them back. According to the buy a bag of seed or somebody who is have to make sure that we are decreas- Colorado Farm Bureau, the waters of going to the local implement dealer to ing the number of Federal regulations. the United States regulation threat- buy a tractor. He is somebody who de- We have to make sure that we remove ened to add additional regulatory com- cides he is not going to be able to buy barriers to export and allow agri- pliance requirements to thousands of that pair of blue jeans that he thought culture to export. We have to make stream miles and thousands of acres of he would or that piece of equipment he sure that we are removing any obsta- agricultural land. needed to help fix the fence. It means cles to the financing that a farmer or a To put that in layman’s terms, it ba- that the entire economy in towns like rancher may have, particularly if the sically would have said: Hey, you, the Yuma, CO, Burlington, CO, and Dove economy continues to deteriorate in Federal Government, you are in charge Creek, CO, are going to suffer enor- our countryside, and we have to make of every molecule of water. mously. That is why it is important sure that we have certainty in ag pol- That is not good for agriculture. that we continue the conversation in icy and certainty in regulations. The Thankfully, the administration has the U.S. Senate about what is hap- farm bill conversations continue. Let’s said: No, we are going to stop that, and pening in agriculture across this coun- make sure that we provide the cer- we are going to repeal it. Courts across try. tainty to our ag communities that this country had actually put in stays. I recognize that many people, when they deserve and, quite frankly, de- The Presiding Officer from the great they think of Colorado, probably do mand. State of Iowa—our colleague, JONI not think of farms and ranches on the According to the 2017 Colorado Busi- ERNST—was a leader when it came to flatlands and prairies. They probably ness Economic Outlook—and this is an stopping the waters of the United think more of Kansas for that than incredible statistic—net farm and States regulation. Luckily, we have they do Colorado. If you look at Colo- ranch incomes are projected to be down seen that regulation being stopped in rado, it is more than just snowcapped almost 80 percent since the records its tracks. peaks; it is incredible agricultural di- that were set in 2011. By 80 percent, net In Colorado, two-thirds of waterways versity as well. farm and ranch incomes are projected were identified as what is known as

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.018 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2069 ‘‘intermittent flow.’’ That means that have an agricultural community that different factors. It involves the sol- they do not have water in them year thrives and so that we can make sure vency of Social Security. It involves round, that, part of the year, they are that, when we talk about bringing gen- the foundation of a good, living-wage dry. Yet they would have been subject erations of farmers and ranchers back job. It involves, certainly, the question to a regulation known as the waters of to the farm and the ranch, we will get of whether, through one’s life, they are the United States, even though they their ideas on how best to do that. able to save for retirement. did not have water in them. That is the This week, I will be sending letters to This has become more and more im- absurdity of the Federal Government. the Colorado Agriculture Council, portant over time because fewer and So I am glad that we are able to start which is made up of organizations fewer jobs have a retirement pension rolling back these regulations. across the agricultural spectrum in plan. Without that, it is really incum- At the same time, the Bureau of Colorado, as well as to Don Brown, who bent on the individual to be able to Land Management had started a proc- is the commissioner of the Colorado succeed to put money aside, and we ess known as its BLM 2.0 rulemaking Department of Agriculture, on what know how difficult it is for an ordinary process, which is a rule that they had else Congress and the Federal Govern- working family to have the extra funds issued that they thought would deal ment can do to help support this indus- to be able to put into a retirement ac- with complex permitting issues and try. Also, there is Julie McCaleb, the count. Certainly, we want to make land use decisions. Unfortunately, Colorado Agriculture Council chair. that as simple and as easy as possible. what this rule would have done instead Basically, I will be writing: Hey, But what we know is that the simplest is take away access to thousands of whether it is regulations or legislation, strategy—which is to be able to save acres of Federal land that were used for it is important that the administration through your work, to be able to have grazing. Even more disturbing, it and Congress understand the impact funds automatically deducted from would have given somebody in down- their policies will have on agriculture. your paycheck so you never actually town New York City just as much say I look forward to hearing from you, get it in your hands—is often unavail- over the land in Moffat County, CO, as your member organizations, and farm- able. a Moffat County commissioner—some- ers and ranchers throughout the State According to one 2013 study, 40 per- body who lives there—amongst various on how we can work together to ensure cent of small business owners them- agencies in the Federal Government Colorado agriculture continues to be selves had no retirement savings, 75 that oversee thousands of acres of pub- effectively represented in Washington. percent had no plan to fund their own lic lands. That, too, was overturned by We will be sending this letter, of retirement, and of those who are work- the U.S. Senate. course, to Commissioner Don Brown. ing for employers who hire and have In fact, if you look at the total num- Commissioner Brown is from my home- 100 or fewer employees, more than 60 ber of regulations that the administra- town. He is a corn farmer and a cattle- percent—62 percent of the workers—do tion and that the U.S. Congress has man. He is somebody who understands not have access to a work-based retire- ment plan. been able to overturn, we are approach- firsthand the hard work and challenges We can imagine the difference be- ing $60 billion worth of regulatory re- that go into making ends meet in agri- tween going to work at a job where the lief that we have been able to give to culture. He also understands the suf- employer says: Hey, we have a retire- the American people; $60 billion worth fering that we are seeing in the farm- ment plan. You just need to sign this of regulations have been taken off the land right now and that some people document, and you will be part of it. backs of hard-working Americans and may be at their wits’ end in terms of Please sign up. After a few months, if has allowed them to do their jobs easi- trying to deal with their financial you feel you can’t afford to keep set- er, allowed them to make ends meet struggles. ting those funds aside, you can change easier, allowed them to breathe easier We will be sending these letters out. what you are doing. You have that when it comes to job creation and job I encourage people—farmers, ranchers, flexibility. You can choose between op- opportunity. and leaders in counties—to contact my tions for different types of invest- I am very glad that we saw the BLM office and give us their ideas on how we ments. But it is all right there. It is all 2.0 rule repealed, which gives our peo- can turn this ‘‘could be coming’’ crisis very easily accessible. All you have to ple in Colorado a little bit more of a around so that we can actually start do is do it. The difference between that chance to have a say in what happens improving and growing agriculture and a situation where there is nothing in their front yards and their back- again and so that we can make sure in the workplace—no benefit in the yards. Of course, the waters of the that we lead Colorado’s diverse agricul- workplace, no retirement structure—is United States has to continue to be tural economy into a better state than that in that situation it becomes a something that we stop as we move for- it is today—in a better place than it is much more complicated undertaking. ward. today—in terms of the economy. Fifty-five million Americans—nearly There are other positive steps we Here, in the Senate, I believe that half of private sector workers—work should take to give our producers addi- same bipartisan support exists for all for employers that do not offer any tional regulatory certainty. I know of us to be reaching out to our commu- form of workplace retirement saving or there is more that we can do, and I nities and making sure that we hear pension plan. Roughly 45 percent of hope to hear from our Nation’s farmers from the heartland of America what we working-age households, half of which and ranchers and our farmers and can do to help struggling farmers and are headed by someone between 45 and ranchers in Colorado on how Congress ranchers. 65 years old, lack any type of retire- and the Federal Government can help. I thank the Senator for her leader- ment account asset. So I use this opportunity to make an ship in agriculture. So if there is no structure to make it appeal to people across the country in I yield the floor. simple to plan for retirement, it is order to hear from farmers and ranch- I suggest the absence of a quorum. more likely that one goes into those ers, whether you are in the Eastern The PRESIDING OFFICER. The golden years without any form of gold; Plains of Colorado or on the Western clerk will call the roll. that is, without the resources in the Slope of Colorado or in the great State The bill clerk proceeded to call the bank to back up Social Security. of Iowa or Kansas or anywhere in be- roll. We know that more than half of the tween and outside the State of Colo- Mr. MERKLEY. Madam President, I folks who are on Social Security de- rado—inside and outside—of the things ask unanimous consent that the order pend on it for more than 90 percent of that we can be doing, such as with for the quorum call be rescinded. their income. Or, more simply stated, trade policy, regulatory policy, finan- The PRESIDING OFFICER. Without for more than half of Americans in re- cial services opportunities, making objection, it is so ordered. tirement, Social Security is essentially sure we have farm bill programs that Mr. MERKLEY. Madam President, their only source of support, and it is are working. Back in my office, we here in America we hope that families often not enough to maintain even the want to hear about these ideas and will have the opportunity to build suc- minimal essentials of life. about thoughts moving forward on cessful lives in preparation for a beau- Why is it that so many businesses these important issues so that we can tiful retirement. That involves many don’t set up a workplace plan? What it

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.020 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2070 CONGRESSIONAL RECORD — SENATE March 29, 2017 really boils down to is complexity for matically deducted unless the em- you simply believe in the power of the employer. A lot of small businesses ployee decides to opt out. Once it ex- local innovation and opportunity, you don’t have a human resources person. pands to all employers, 800,000 Oregon should be against this proposal. They don’t have an extra individual workers are expected to have access to What this proposal is about is this: who can do the administrative work to a State-sponsored retirement savings There is a twist in the national retire- set it up. Maybe the plan requires a program. Again, this will be an auto- ment law known as ERISA that an em- match, and the employer isn’t sure matic-in, opt-out strategy to make it ployer might possibly have liability re- they will be able to afford a match. really simple. lated to an employee signing up for a There are all sorts of reasons that this In Oregon, 95 percent of our busi- State-sponsored or a municipality- is complicated. It is difficult either fi- nesses are made up of small businesses. sponsored account. Well, that pretty nancially or just in terms of additive More than half of our workers are em- much puts a wet blanket over employ- overhead for a small business. So they ployed by those small businesses. So ers signing up under these State plans don’t set up the plan. this is a pretty good arrangement to or under these local plans, because the We know that if they had a plan, em- facilitate this opportunity. thought that you might have liability ployers would participate. We know Now, here is something that we may for something you have no control over that because in States that have plans, not immediately think about. When an doesn’t sound like a good place to be. the employers participate. In addition, employee saves for their retirement So to correct or clarify this, a regula- the General Accounting Office did a and is, therefore, financially better off tion was issued and it should be obvi- study in 2015 which found that the in retirement, it reduces the cost of ous why it is right, which is that the overwhelming majority of workers government programs. Within the first employer will not have liability over would participate in an employer-spon- decade after these plans are estab- provisions of a State- or municipal- sored retirement plan if they had the lished, total State spending on Med- sponsored retirement account. They opportunity to do so. icaid could drop by $5 billion. In Utah, didn’t set it up. The employer didn’t So this brings us to the fact that a recent study found that the State advocate it. The employer is not choos- many States are saying: Let’s make it would save $3.7 billion for five essential ing where the investments go within easier for employees. There are 30 government support programs—not the account. They are not deciding States that are looking at the possi- just Medicaid—over the course of 15 which companies’ retirement plans get bility of the State setting up a retire- years. to participate as options or whether ment plan that wouldn’t be attached to When I first read about Medicaid there are even company retirement a single employer, so that an indi- costs dropping because of a retirement plans. The employer is not doing any of vidual could carry it with them. For plan, I said: How does that work? that. The employer is simply the host. example, imagine that your teenager It turns out to be very simple. If you The whole point of the plan is to make has their first job serving yogurt—one have saved money and are financially it very easy for the employer, because of the jobs that my daughter had—or as better off, you are not in a position that has been the burden in the past of a lifeguard at a local swimming pool or where you would be in the Medicaid an employer-by-employer plan. In this serving coffee—those first service jobs Program, thus reducing the number of case, it is just automatically set up. they get. What would happen if, from people who are in it. This study found In States like Oregon, they are set- that first job, 3 percent of their income that over 10 years, for the States that ting up a pilot project, where employ- was placed automatically into a retire- are already working to implement ers are willing to experiment and be a ment account—a retirement account plans, California would save more than part of it so they can learn from that. that they could control the options of, half a billion dollars; Maryland would Then, they can design a better plan for a retirement account where they could save more than $100 million; Con- larger small businesses, those that increase the amount of their income to necticut and Oregon, about $60 million have more than 10 employees. Then, go into it if they wanted, or a retire- a piece; and Illinois, a quarter of a bil- they can make it, after having worked ment account that they could always lion dollars. So that is just an inter- the kinks out of it, work for everyone, opt out of if they chose to do so. But if esting piece that we should be recog- including very small employers. If they were automatically enrolled, we nizing—that when families do better, along the way they run into an obsta- know the vast majority of individuals not only do they do better, but they cle, they can pause and work on that. stay in the plan. If you go, then, auto- lower the cost of government pro- This is absolutely the best in policy matically from job to job to job—and grams, which I think many folks here, strategy in America. Give municipali- in our economy that is the way it on both sides of the aisle, would say ties, give States the opportunity to ex- works; people don’t sign up with one would be a terrific thing. periment, and on an issue that can help company and serve there for 30 or 40 Then there is this principle of experi- families thrive, help our young ones years—in every job 3 percent was being mentation at the State level. Why thrive. automatically deducted. Then when would we in this Chamber, having I know that my son and my daughter you actually went into retirement, you failed to provide an automatic-in, opt- are going to be better prepared for re- would have a sizable nest egg to com- out opportunity as people move around tirement and in a better financial posi- plement Social Security. the country to various jobs, having tion if, in every job they pursue in Or- That is what States are looking at. failed to do a Federal version of this, egon, they are automatically saving 3 That is what they are pursuing. In stop our municipalities and our States percent of their income—or more if more than half of the country, States from experimenting to see if this is they choose to or less if they opt out. are considering legislation to create a something that will increase the suc- But certainly, the vast majority of retirement savings opportunity for cess of our families? Why would we workers, once in a plan, stay in the small business employees who do not stop a State from experimenting? plan. It is kind of how it is with deduc- have a work-based plan. Seven States, Now, I hear all the time here about tions on your Federal and State taxes. including my home State of Oregon, States’ rights. I hear all the time about When it comes out of your payroll are already working at implementing how States are the place for experi- automatically, you get used to it, you these plans. On July 1 of this year, Or- mentation, to see what works and what adjust to it, and you say: Hey, that egon is going to launch its plan with a doesn’t work, innovation. Give them works. voluntary pilot group, and then it is the opportunity to try things. Well, So, to my colleagues, please oppose going to expand to employers with 10 this Congressional Review Act proposal this Congressional Review Act propo- or more workers in 2018 and finally to says the opposite. It says: Let’s stomp sition that will squash innovation by all employers in the State in 2019. out experiments by our municipalities. municipalities, and its companion will Under this plan, employees who do Let’s devastate and decree that you squash programs by States—programs not have an employer-provided savings cannot experiment and innovate at the that are very valuable, both for us to account will be allowed to save part of State level on a very significant chal- understand possible important policies their paycheck in their own personally lenge facing America. So whether you to help set a platform for the success of managed accounts, and it will be auto- want families to succeed or whether our families, and it is very important

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.021 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2071 to the families themselves. Please vote said to have neither force nor will, but of checks and balances is predicated on no. merely judgment; and must ultimately the fact that change comes delib- Madam President, I suggest the ab- depend upon the aid of the executive erately and incrementally, notwith- sence of a quorum. arm even for the efficacy of its judg- standing the wild swings in public The PRESIDING OFFICER. The ments.’’ mood. clerk will call the roll. To the Founders, the division of re- The bill clerk proceeded to call the sponsibilities between the three The pace of change can understand- roll. branches of government was clear: Con- ably frustrate. However, congressional Mr. CRAPO. Madam President, I ask gress would make the laws. The execu- action is the spirit of the American unanimous consent that the order for tive would implement them. The judi- electorate, exercised with its unique the quorum call be rescinded. ciary would review the laws for their combination of majority rule, minority The PRESIDING OFFICER. Without legality and consistency with the Con- rights, and compromise. The imperfect objection, it is so ordered. stitution. Further, the independence of caldron of the legislative process is NOMINATION OF NEIL GORSUCH the judiciary would be enhanced how change happens carefully, purpose- Mr. CRAPO. Madam President, I rise through their distinctive selection fully, and properly. today to speak about the President’s process, so they could do their jobs nomination of Judge Neil Gorsuch to without succumbing to swings in pop- Unfortunately, impatience can drive serve as Associate Justice of the U.S. ular opinion. Put succinctly by Chief people to try to circumvent the con- Supreme Court. Justice Roberts during his confirma- stitutional power of Congress. The Whenever great issues like the future tion hearings, a judge’s proper role is tendency of some to race to a court- of our Nation’s highest Court come be- ‘‘to call balls and strikes.’’ house, bypassing the will of the people fore the Senate, it is easy to get lost in In his testimonial to the late Justice expressed through Congress, to compel the noise and the hyperbole. Listening Antonin Scalia, Judge Gorsuch empha- change is inherently destabilizing to to the commentary about Judge sized the importance of an independent representative government. Gorsuch, I have found it instructive to judiciary. He writes: ask whether critics have actually met Without a direct say in how policy is Judges should . . . strive to apply the law decided and without the ability to hold him and listened to his philosophy of as it is, focusing backward, not forward, and jurisprudence. looking to the text, structure, and history people accountable, judges who re- I have met him, and it is easy to . . . not decide cases on their own moral con- imagine the law undermine a funda- guess that those who oppose him likely victions. mental cornerstone of representative have not spoken to him, watched the Judges ‘‘take an oath to uphold’’ the democracy. Judges have a great re- hearings, or read any of the glowing Constitution, not ‘‘merely consider it.’’ sponsibility to carefully exercise their testimonials from across the political It is their duty to follow the law. judicial authority within the limits of spectrum. The invectives thrown at Jurisprudence is not supposed to be the law. Judges who exercise independ- Judge Gorsuch seem really to be about the popular arts. Judges are not vessels ence from anchors of our law are dan- something else entirely—about anger for moral causes. Judge Gorsuch re- gerous to our liberties. Judge Gorsuch peats Justice Scalia’s words: at the President, disappointment with demonstrates that he clearly under- the election outcome, or concern about [I]f you’re going to be a good and faithful stands this concept when he writes: holding certain hotly debated topics of judge, you have to resign yourself to the fact the day. It appears that critics could that you’re not always going to like the con- Legislators may appeal to their own moral substitute almost any name for Judge clusions you reach. If you like them all the convictions and to claims to reshape the law time, you’re probably doing something as they think it should be in the future. But Gorsuch in their statements and give wrong. them with the same passion and the judges should do none of these things in a Further, Judge Gorsuch states that same concern. democratic society. That is too bad because Judge rulings made in an attempt to optimize social utility introduces a question of Some jurists treat the Constitution Gorsuch has been consistently regarded like a speed bump as they hurdle down by his peers as pragmatic and among moral relativism. the road reinventing the law. Sub- the most gifted legal minds on the Fed- In criminal cases, for example, we often stituting ideology for the written law eral bench. The man is intelligent, hear arguments from the government that its view would promote public security or fi- courteous, and modest. He seeks read- in jurisprudence is the equivalent of nality. Meanwhile, the defense often tells us changing the law from what it says to ily the views of those around him. His that its view would promote personal liberty approach will be a constructive addi- or procedural fairness. How is a judge sup- what some wish it says. tion to the U.S. Supreme Court and of posed to weigh or rank these very different Neil Gorsuch identified this very benefit to our Nation. His judicial social goods? problem when he wrote in 2005 that record as a Federal judge flows exactly The answer lies in the common ‘‘the courtroom as the place to debate from what he says, and his message points of reference for all judges, be social policy is bad for the country and and focus is abundantly clear: judicial they conservatives or progressives—the bad for the judiciary. In the legislative modesty and fidelity to the law. written law. Reading the law is dif- arena, especially when the country is When our representative government ficult enough without introducing the closely divided, compromises tend to was established in the United States, a element of uncertainty. Court-shopping be the rule of the day. But when judges heated debate emerged about the pur- for a pliant judge who will interpret poses and powers of our new Federal in- the law the way a litigant believes it rule this or that policy unconstitu- stitutions. The Founders of our coun- should read can be destructive to pub- tional, there’s little room for com- try understood that a system in which lic confidence in the legal system. promise: One side must win, the other lawmaking was detached from account- In our democracy, the public ex- must lose. . . . As a society, we lose the ability was the quickest path to des- presses its will at the ballot box and benefit of the give-and-take of the po- potism. A coequal judiciary could help empowers its duly-elected officials litical process and the flexibility of so- temper tyranny and balance the powers with the duty to advance that will. cial experimentation that only the of an executive and a legislature step- Changes in public attitudes can come elected branches can provide.’’ These ping over their constitutional powers. quickly, and that can be reflected in words reflect a clear understanding of The phrase is ‘‘checks and balances’’ the results of elections. the importance of the separation of not ‘‘usurpation.’’ Congress is the body most closely powers. Alexander Hamilton, who has re- connected to the American public be- ceived much recently renewed atten- cause its accountability is directly to The Federal judiciary should not be a tion, wrote at length about the newly the people. replacement for doing the hard work of imagined judicial branch of our govern- Some observers want judges to be persuading the public and enacting pol- ment. In Federalist 78, Hamilton wrote legislators, discarding the black robes icy with accountability to the elec- that the judicial branch ‘‘may truly be for populist impulses. But our system torate.

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.022 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2072 CONGRESSIONAL RECORD — SENATE March 29, 2017 Americans learn civics early in their peals-court nominees were once routinely just 4 or 5 cases. Some Senators were upbringing. The Constitution guaran- confirmed on voice vote— absolutely convinced they would find tees certain civil liberties and re- Based on their credentials and their some problem. They did not. strains the powers of the central gov- ability to serve— Let’s talk about what Judge Gorsuch ernment. Our court system has the re- they are now routinely subjected to ideolog- testified to under oath. Despite re- sponsibility to preserve our constitu- ical litmus tests, filibusters, and vicious in- peated efforts to get him to make com- tional rights, ensure a limited govern- terest-group attacks. It is a warning sign mitments about how he would rule or ment, and provide speedy and fair jus- that our judiciary is losing its legitimacy how he would reshape social policy, on tice when needed. The judiciary holds when trial and circuit-court judges are his first day, he gave no fewer than the sole constitutional power to inter- viewed and treated as little more than politi- eight assurances that he follows the cians with robes. pret laws properly enacted by Con- law as a judge. By my count, on the gress. This authority is expressly dis- This development puts a severe second day, he gave at least 36 assur- tinct from the power bestowed to the strain on our Republic. Particularly ances that he looks to the law for his legislature to write laws and the execu- problematic is the increasing number rulings. On the third day, it was 29 tive to enforce them. This separation of split court decisions. Rulings that more times that he was asked and of powers plays an important role in are given with a one-vote margin fur- again repeated that he would look to the system of checks and balances en- ther empower litigants to contest deci- the law for his rulings. That is right. visioned by the Founders. sions, hoping for a more favorable out- He said at least 73 times that he is Public confidence in our legal system come later or in a different court. Set- committed to the law when he hears a is undermined when judges seek to re- ting precedent, though, becomes so case as a sitting Federal judge. Still, imagine Federal law beyond its clear much more difficult for the public several of my colleagues worried that meaning. Judges who substitute their when a razor-thin decision is accom- he had a secret agenda to overturn personal views for the law can shake panied by a dramatic reinterpretation longstanding legal precedence. the public’s faith in our legal system as of the law. Just in case there are some confused, an impartial protector of our rights One of the hallmarks of the Roberts Judge Gorsuch mentioned no fewer and an upholder of justice. Judges Court is the drive to establish prece- than 97 times in these 3 days that he must follow our Constitution in their dent not by finding the narrowest read- follows precedent as a judge, as he is decisionmaking and resist this tempta- ing that can achieve a bare majority bound to do. More than 160 times, tion to make policy. but its endeavor to ground seminal de- Judge Gorsuch reminded the Senate Moreover, without the public sanc- cisions in large majorities and unani- and the American public what a proper tion of the ballot box, policy changes, mous findings. Public confidence in the jurist does: follows the law and the particularly controversial ones, natu- legal system and the finality of the precedent. We even talked about the rally divide people. If the judiciary holding is ever greater when we do not book he coauthored titled ‘‘The Law of cannot be seen as a neutral arbiter of see narrow decisions. Judicial Precedent’’—942 pages of dedi- facts and laws, even more people will The Judiciary Committee just con- cation to following precedent. Maybe see individual judges as ‘‘one of mine’’ cluded a 4-day review of the nomina- the title of the book was confusing to or ‘‘one of yours.’’ tion of Judge Gorsuch. In addition to some. The erosion of the humble judiciary hearing from Judge Gorsuch for over 20 During his oral testimony, he said he began when the Senate confirmation hours, the committee received formal was dedicated to ‘‘rul[ing] as the law process changed. In recent past, dis- testimony from almost 30 outside wit- requires,’’ ‘‘reading the language of the trict and circuit court nominees used nesses. Thousands upon thousands of statute as a ‘reasonable person’ would to be confirmed noncontroversially. words were exchanged over the course understand it,’’ and ‘‘respect[ing] Now, instead of looking at the quali- of the hearing, all in front of the Amer- precedent.’’ fications of the judicial nominee, par- ican public. What the people saw is a Just to put all such questions to rest, tisans hope to pre-bake court decisions thoughtful, humble, and brilliant legal he assured everyone that he is ‘‘with- through the use of litmus tests or de- mind in the service of the people. out secret agenda. None.’’ mands on nominees to determine in ad- In response to a question of mine on In reviewing his record, it is clear vance what their rulings will be on Tuesday, Judge Gorsuch said the fol- that those who come before Judge cases before the matter is even argued lowing: Gorsuch receive equal treatment under to the court. Perhaps this is the logical I come here with no agenda but one, no the law. He said: extension of the overreliance on some promises but one: to be as good and faithful When I sit on the bench and someone to secure social gains they cannot a judge as I know how to be. That is it. And comes to argue before me, I treat each one of achieve through the democratic proc- I cannot promise or agree or pledge anything them equally. They do not come as rich or ess. more than that to this Congress. poor, big guy or little guy. They come as a Change is hard, and patience is ex- That statement and the hearing as a person. And I put my ego aside when I put on ceedingly rare, but the strongest build- whole confirmed Judge Gorsuch to be a that robe, and I open my mind, and I open ing blocks to legitimacy are achieved man of great integrity, a mainstream, my heart, and I listen. though consensus and the give-and- exemplary student of the law whose In Judge Gorsuch, we have a nominee take of politics. record shows that he is a part of unani- who lives the American ideal of a mod- Writing even before he was over- mous decisions. On the Tenth Circuit, est jurist. He understands that his re- whelmingly approved by this body for of all the decisions he has participated sponsibility is not to suborn the powers his current seat on the Tenth Circuit, in in the last 10 years, 97 percent of the of others but to help deliver the powers Judge Gorsuch wrote: time, he was a part of a unanimous of justice. [In courts,] ideas are tested only in the ab- court, and 99 percent of the time, he Those who have encountered him as a stract world of legal briefs and lawyers’ ar- was in the majority. legal advocate, an adversary in court, guments. As a society, we lose the benefit of For days, my colleagues from the or a presiding judge all praise his fun- the give-and-take of the political process and other side of the aisle raised the possi- the flexibility of social experimentation that damental fairness and subornation of only the elected branches can provide. At the bility that he might have secret inten- his personal views. same time, the politicalization of the judici- tions to try to subvert the law or shred His respect for the Constitution is ary undermines the only real asset it has— the Constitution from the bench. They not in question. His experience, wis- its independence. Judges come to be seen as parsed single words for hidden mean- dom, and judgment are not in question. politicians and their confirmations become ings, imagined devious strategies His capability to serve is not in ques- just an avenue of political warfare. Respect emerging from concurring opinions, tion. Commentators from both the left for the role of judges and the legitimacy of and searched for cloaked messages in and the right overwhelmingly respect the judiciary branch as a whole diminishes. The judiciary’s diminishing claim to neu- his published writings. his legal mind and vouch for his com- trality and independence is exemplified by a Judge Gorsuch has over 10 years as a mitment to fair jurisprudence. recent, historic shift in the Senate’s con- jurist, with 2,700 opinions to review; Given Judge Gorsuch’s judicial phi- firmation process. Where trial-court and ap- yet most of the debate was centered on losophy and his record as a judge, he

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.024 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2073 would be a welcome addition to a Su- been in dissent less than 2 percent of personal views. He basically said to me preme Court seeking cohesive deci- the time. So this is a guy who 97 per- what he said in public. He is going to sions. His record on the Tenth Circuit cent of the time is unanimous, and 2 uphold the law, as written, even if his is strong. Five of six of his decisions percent of the time he is in dissent. personal beliefs had led him to vote that did go to the Supreme Court for a Out of the more than 180 opinions he against the law if he had been in my review have been affirmed by the Su- has written as a judge—180 opinions— position, as a legislator. I think that is preme Court, including one which he only one had ever been appealed to the what you want in a court. wrote, and four out of five on which he U.S. Supreme Court from the circuit But don’t take my word for it. Judge joined the decision. court, and, by the way, that one was af- Gorsuch also has earned the respect of Not many judges have the experi- firmed. lawyers and judges across the spec- ence, temperament, and stellar record So this is a guy who clearly knows trum. Professor Laurence Tribe of Har- to match Judge Gorsuch. Fewer still how to build a consensus, bring people vard Law School, who was an adviser can garner overwhelming endorsement together, and that is needed right now. to former President Obama and to pre- from colleagues, peers, and observers It is needed in this body. It is needed in vious Democratic Presidents, has said from across the political spectrum. our country as a whole, and it is cer- that Judge Gorsuch is ‘‘a brilliant, ter- Some may try to distract from the tainly needed in the judiciary. rific guy who would do the Court’s central point that Judge Gorsuch is ex- By the way, it doesn’t surprise me work with distinction.’’ That is Lau- traordinarily qualified and suited to that he is a consensus builder. If you rence Tribe. serve as an Associate Justice. Others think about it, he was a law clerk for Neal Katyal, who was President would like to discuss other issues or Justice Byron White and Justice An- Obama’s Acting Solicitor General—so a make his nomination a proxy fight thony Kennedy. They are both known guy who knows a thing or two about about tangential matters. My col- famously as being consensus builders arguing before the Supreme Court, be- leagues and I will vote on his nomina- and being able to bring together dis- cause that is what the Solicitor Gen- tion, not on these other issues or dis- parate decisions to try to find a deci- eral does with a lot of his time—has tractions. I encourage all of us to re- sion at the Supreme Court level. So he said that Judge Gorsuch’s record member that. has seen it up close and personal. He ‘‘should give the American people con- The Senate should be proud to add knows how to do it. fidence that he will not compromise Judge Neil Gorsuch to the Supreme I would say, though, in terms of this principle to favor the president who ap- Court. debate we are having, it is not just pointed him. . . . He’s a fair and decent about Neil Gorsuch and it is not just The PRESIDING OFFICER. The Sen- man.’’ Again, this is the Acting Solic- about another seat, as important as it ator from Ohio. itor General for President Obama. Mr. PORTMAN. Madam President, I is, on the U.S. Supreme Court. It is Yes, this debate is about something would like to thank my colleague for also an opportunity, by voting for Neil bigger than that, even. It is about Neil his good comments regarding Neil Gorsuch, to ensure that we have rees- Gorsuch. It is about his character, his tablished the proper role of this body, Gorsuch. experience, and his judgments, but it is of the legislative branch and of the ju- I rise today to strongly support Neil also about something I think even dicial branch in our system of govern- Gorsuch for the U.S. Supreme Court. more important than this division of First, there is no question that Judge ment. Judge Gorsuch understands that his powers in our Constitution. It is about Gorsuch is qualified for this job. He the rule of law itself. What does it served as a law clerk for two Supreme job as a judge is not to impose his views on people but rather to apply the mean? Court Justices, Justice Byron White Why does that matter? It matters be- law, as written—to apply the law as and Justice Anthony Kennedy. He has written. That is kind of a basic part of cause laws are an expression of the will also had a distinguished career in the our Constitution. of the people. The Constitution itself public sector and in the private sector. He put it well in his testimony before starts out with this idea, of course: Finally, of course, he worked in the Of- the Senate Judiciary Committee. He ‘‘We the people . . . establish this Con- fice of the Attorney General. He said: ‘‘A judge who likes every outcome stitution’’—not ‘‘we the Congress’’ or worked in the Justice Department, and he reaches is very likely a bad judge.’’ ‘‘we the government.’’ It is we the peo- he had a great reputation there as well. What does he mean by that? I think ple who govern ourselves. The govern- Of course, in 2006, not that long ago, what he meant is that he doesn’t be- ment is the servant of the people under he came to the floor of the Senate to be lieve in substituting his personal views our Constitution, not the other way confirmed to the Tenth Circuit. And for what he is supposed to do as a around. guess what. He was unanimously con- judge. When judges try to change the law firmed by this body. In fact, at the So you may not like the decision, but rather than apply the law, they make time, Senator Hillary Clinton voted to you are constrained by the Constitu- themselves into an unelected legisla- confirm him. Senator Joe Biden voted tion, by the law, and that is what tive body. That is not just arrogant, by to confirm him. Senator Barack Obama judges should do. the way. I think that is unfair. Not be- voted to confirm him, and, by the way, He went on to say that the job of a cause it steals legitimate authority so did a number of Democrats who are judge is ‘‘not about politics. . . . If from us, the elected representatives in currently serving in the Senate. Not a judges were just secret legislators, de- Congress, but because it steals that au- single Senator objected. Why? Because claring not what the law is but what thority and silences the voices of the the guy is so well qualified. they would like it to be, the very idea people who elected us. Ultimately, that Since then, in his 10 years on the of a government by the people and for is what this is all about. Tenth Circuit Court, his record has the people would be at risk.’’ In this Republic, Congress writes the shown that he is fair, he is inde- I think he is right about that. It is laws, the President ensures that the pendent, and he is a consensus builder, not about what he wants. It is what the laws are faithfully executed, and the which only ratified what the Senate Constitution and the law say. Judges courts apply the law and our Constitu- had done. It showed that, in fact, he should not legislate from the bench. tion to specific cases that come before was the kind of person who represents That is not their job. them. That is how it should work. That us well in court. Judge Gorsuch and I met recently, is how our Founders intended it. By the way, he is also a guy who and he has met, I think, with about 80 I think it is more important now knows how to find common ground. of my 100 colleagues in the Senate, and than ever to have a Supreme Court Listen to these numbers: 97 percent of he has talked to them about his views that understands this role and resists the cases he has decided were unani- privately. I was very impressed with the urge to act as a superlegislature. mous decisions with the other two him. I was impressed with him as a per- In recent decades, the Court has been judges on the panel. Typically, as you son, his background, and his family. I increasingly asked to decide a lot of know, these are judges who have been was impressed with his approach. important matters that affect us all. appointed by Presidents who are Re- I was talking about what he said that Think about it. Healthcare, or the Af- publican and Democrat. Finally, he has he is not going to substitute his own fordable Care Act is an example, and

VerDate Sep 11 2014 01:02 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.026 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2074 CONGRESSIONAL RECORD — SENATE March 29, 2017 immigration, energy and environ- ‘‘well qualified’’ for this job. That is The PRESIDING OFFICER. The Sen- mental policies, social policies, First their highest rating—‘‘well qualified.’’ ator from Nevada. Amendment rights to free speech, free- That is what they have given him. The YUCCA MOUNTAIN dom of religion, Second Amendment ABA has noted that ‘‘based on the Mr. HELLER. Mr. President, I appre- rights, and a hundred other issues. The writings, interviews, and analyses we ciate the comments my colleague from Court affects all of our lives in ways scrutinized to reach our rating, we dis- Colorado has made on energy. I have an that are fundamental, and rulings by cerned that Judge Gorsuch believes energy speech here, also. We have the the Court, of course, cannot be ap- strongly in the independence of the ju- same goals, maybe coming from dif- pealed to a higher court. All you can do dicial branch of government, and we ferent perspectives, but both the Sen- is change the law. On constitutional predict that he will be a strong but re- ator from Colorado and I are trying to provisions, you can’t even do that. spectful voice in protecting it,’’ mean- achieve the same thing. At the same time as the scope of ju- ing the independence of the judicial I appreciate his hard work. He and I dicial power has expanded and as the branch. That is pretty strong from the have worked well together over the significance of the Supreme Court’s American Bar Association. years on the Finance Committee, as he rulings has increased, there are some By the way, despite these accolades mentioned, with the investment tax judges who have essentially rewritten he has gotten and his respect for the credits to make alternative energy via- statutes that did not suit them. They lawmaking that so many of us do here ble products and industries in both of have taken the law and said: We are in this body, some of my colleagues on our States and across this country, so going to rewrite this in a way that we the other side may decide to vote I appreciate his hard work. think works better. That is not their against Judge Gorsuch, and they cer- Mr. President, I come to the floor of job. tainly have a right to do that. Of the U.S. Senate today to discuss an One example I would give you is that course, they do. But let’s at least give issue that is extremely important to a couple of years ago, the Supreme him a vote. Let’s give him an up-or- the State of Nevada, and that is Yucca Court ruled, for example, that the down vote. He deserves that. If a nomi- Mountain. words ‘‘established by a state’’—this nee this qualified can’t get an up-or- For over 30 years, those two words, was in the Affordable Care Act—could down vote on the Senate floor, it is not ‘‘Yucca Mountain,’’ have incited frus- also mean ‘‘not established by a state.’’ clear to me who could. tration and anger for Nevadans across I mean, literally, the Court said that, Some have argued recently that the my State. It is not just a mountain 90 and that ‘‘legislature’’ could also mean standard for a Supreme Court Justice miles northwest of Las Vegas; it rep- a popular referendum. So they took the should be 60 votes in the Senate—not resents a decade-long fight by some in very words of a statute and said: We an up-or-down vote, not 51 votes or a Washington to ‘‘wrong Nevada.’’ In 1982, the Congress approved the don’t like the way that is written. We simple majority. The Washington Post Nuclear Waste Policy Act and charged are going to change these words, and has looked at that recently, and the the Department of Energy with finding we are going to adjudicate this matter Washington Post gave the notion that a long-term storage site for the dis- based on our understanding of these it should be 60 votes three Pinocchios— posal of spent nuclear material. At the words, which is based on our personal that means the guy whose nose gets time, Yucca Mountain was one of the opinion. longer when he is not telling the truth. many proposed geological sites to in- I don’t think these rulings made Here is what the Washington Post said: vestigate. sense logically but, more importantly, ‘‘There is no ‘traditional’ 60-vote Unfortunately, in 1987, the act was they changed the law, as written by the ‘standard’ or ‘rule’ for Supreme Court amended to concentrate only on one people and the people’s Representa- nominations, no matter how much or place, Yucca Mountain. Nevada, a tives. how often Democrats claim otherwise.’’ State without any nuclear power- So the stakes are high here. We have That is the Washington Post. plants, was legally compelled to bear to get this right. There are people who In fact, as you probably know, two the sole burden of long-term storage of make the argument that the Constitu- sitting Justices on the Supreme Court all of the Nation’s nuclear waste. This tion is such a living document, whose right now were actually confirmed by decision was made on bad politics; it meaning evolves as popular opinion this body with less than 60 votes. Jus- was not made on sound science. Ever evolves, that we should make judges tice Thomas, a very controversial nom- since, the debate on solutions to this into basically pollsters or superlegisla- ination at the time, was confirmed 52 problem has been one-sided, and the tors. I don’t think that makes sense. to 48—hardly a tradition of confirming study of alternative solutions has been But, more importantly, I don’t think it with 60 votes. Justice Alito was con- curtailed. is fair, and it is one reason why so firmed 58 to 42 only 10 years ago. In Instead of honoring Nevada’s per- many people have felt like their voices fact, as we have heard on this floor, sistent scientific and procedural objec- aren’t being heard, I believe, when the there has never been a successful fili- tions to the repository, the Federal courts do that. buster of a Supreme Court Justice in Government has spent decades of time Again, Neil Gorsuch gets it. As he the history of this body. That is hardly and wasted billions of dollars to design said in his testimony recently, his phi- the standard. So I urge my colleagues and permit Yucca Mountain, all with- losophy ‘‘is to strive to understand to give him a vote, and I hope the re- out any notion that Nevada would con- what the words on the page mean . . . sult will be the confirmation of this sent to the project. [to] apply what the people’s representa- smart, mainstream, decent man who is I have spent the past decade in Con- tives, the lawmakers, have done.’’ so well qualified for the Supreme Court gress successfully fighting off efforts to This should be what we all want in a and who has made it clear, again, that force this project on Nevada, and I will Supreme Court justice—someone who he is not going to impose his personal continue this fight for as long as I will fairly and impartially apply the beliefs on the rest of us but will apply serve my State. law and protect the rights we have the law as written, and he is going to I want to be clear: Nuclear power is guaranteed by our Constitution. adhere to the U.S. Constitution. That an important part of our Nation’s en- To my colleagues on the other side of is the kind of judge who deserves the ergy portfolio. I am one of the most the aisle, I would make a plea today: I support of all of us. outspoken Republicans in Congress ad- would say that in this regard, I would Thank you. vocating to make our Nation’s energy think Judge Gorsuch is exactly the I yield back my time. cleaner and more affordable. Nuclear kind of Justice that you would like, The PRESIDING OFFICER (Mr. energy, which represents about 20 per- someone who is actually going to apply TILLIS). The Senator from Colorado. cent of our Nation’s power production, the laws that you write—that we (The remarks of Mr. BENNET per- plays an important role in providing write—and not impose his personal taining to the introduction of S. 767 are carbon emission-free baseload energy views. printed in today’s RECORD under in many States, but Nevada—again, a The American Bar Association—not ‘‘Statements on Introduced Bills and State without a nuclear powerplant— known as a conservative body—has Joint Resolutions.’’) should not have to shoulder the Na- unanimously declared Judge Gorsuch Mr. BENNET. I yield the floor. tion’s entire waste burden.

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.028 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2075 We have pursued other strategies to that has not yielded results in over 30 bon Commission on America’s Nuclear meet Nevada’s energy needs. I can years? Future—a 15-member, bipartisan group share a couple of those examples with In case there is any confusion, I want that is tasked by the Federal Govern- you. More than two-thirds of Nevada’s to make sure everybody understands ment to develop feasible solutions to energy is produced by natural gas-fired that Nevada’s position has not changed nuclear waste disposal. This type of powerplants. Just 2 weeks ago, I was at and that it is not going to change on open process ensures all Americans a groundbreaking at the Moapa South- this issue. Our Governor, Brian have a meaningful voice in the process ern Paiute Solar Project, the first-ever Sandoval, continues to strongly oppose if their communities are being consid- utility scale powerplant to be built on the project. In fact, he shares my same ered for a future nuclear waste reposi- Tribal land. This project will produce sentiment, and he shared it with me a tory. 250 megawatts of clean energy capable few weeks ago when he stated: I am confident that the government of generating enough clean energy to I will vigorously fight the storage of high- can find safe sites through the careful power an estimated 111,000 homes. level nuclear waste in Nevada. Any attempt consideration of all alternatives that Last March, I joined with the Italian to resurrect this ill-conceived project will be are based on credible scientific infor- Prime Minister in celebrating the met with relentless opposition and max- mation and not by politicians here in world’s first combined solar-geo- imum resources. Washington, DC. Let’s stop the insan- thermal plant near Fallon, NV. This fa- Every serious presumed candidate for ity. The administration and congres- cility provides 26 megawatts of solar Governor in 2018—both Republicans sional Yucca advocates should focus photovoltaic, 2 megawatts of solar and Democrats—strongly opposes their efforts on practical solutions and thermal, and 33 megawatts of geo- Yucca Mountain. Nevada’s attorney not on more of the same. thermal energy to Nevada customers. general, Adam Laxalt, recently re- First, let’s advance innovative en- Nearly half of the geothermal plants quested $7.2 million of State resources ergy technologies that repurpose and producing baseload clean energy in this over the next 2 years to represent the reduce spent fuel. country are located in Nevada alone. State’s interests in the licensing proc- Second, let’s invest in the research So overall, more than 2,000 megawatts ess over Yucca Mountain, which he and development of recycling and al- of utility-scale renewable energy in Ne- called ‘‘a poster child of federal over- ternative storage methods. vada, enough to power nearly 1 million reach.’’ Soon, our legislature will reaf- Third and most importantly, let’s homes, has been built to meet Nevada’s firm the State’s opposition to the identify safe and viable alternatives for needs. That includes 19 geothermal en- project with the passage of Assembly the storage of nuclear waste that re- ergy plants, 12 solar projects, 6 hydro Joint Resolution No. 10. mains in areas that are willing to facilities, 4 biomass or methane To sum it up, it will cost at least $1.6 house it. projects, 1 large wind farm, and 1 en- billion just to get through the applica- These are worthwhile initiatives that ergy recovery station. These are just tion process. Think about that. It will actually, to use a football analogy, some of the examples we are doing in take $1.6 billion just to get through the ‘‘move the ball down the field.’’ For far Nevada. Yet they continue to try to process, to get the applications ready, too long, our Nation has been going ram Yucca Mountain down our throats let alone to get the storage facility ac- ‘‘three and out’’ because Washington as if we are not doing enough. tually operational. keeps trying to run the same, stale As we examine viable solutions to Make no mistake about it. I will con- game plan. the waste problem, it is important to tinue to lead the Nevada congressional I am working diligently on feasible note that there are some promising delegation’s effort to stymie any mis- solutions to this important problem, technological developments that could guided effort to spend one more Fed- and I urge my colleagues here today, fundamentally change the Nation’s eral dollar on the Yucca Mountain re- on the floor of the U.S. Senate, to join waste storage needs. There are new re- pository. It is fiscally irresponsible me in that fight. I stand here, ready to actor technologies that could repur- and, simply, will not solve this impor- work for what is best for my State and pose previously generated spent fuel tant public policy issue that faces our what is best for our Nation. and produce carbon-free electricity Nation. I yield the floor. with little or no waste. International I implore my colleagues to work with The PRESIDING OFFICER. The Sen- research and development on innova- me in a pragmatic way to solve our Na- ator from Washington. tive storage solutions and recycling tion’s spent nuclear fuel and defense Mrs. MURRAY. Mr. President, I am processes could also be part of that so- high-level waste storage problem that deeply frustrated that Republicans, in lution. we have. one of their first actions following Given the Yucca-centric strategy’s There is an old adage, and we have their and President Trump’s disastrous previous failures, it would be logical all heard it: The definition of doing the attempts to repeal the Affordable Care for the government to try something same thing over and over again and ex- Act, have decided to bring to the floor new—some of these strategies that pecting different results is called in- yet another CRA that would hurt show promise—but, no, not here in sanity. Efforts by the executive branch workers, hurt the middle class, and Washington. Washington is at it again. and some Members of Congress to di- hurt our economy. Apparently, nearly 30 years of wasted rect billions more toward a repository Last week, millions of families sent a time and billions of squandered tax- that will never be built is just that—in- very clear message to President Trump payer dollars is, simply, not enough. sanity. and Republicans: Enough with the at- The Department of Energy recently Our Nation cannot fully move for- tempts to turn back the clock on submitted what they call a skinny ward with viable solutions until Con- progress for working families. budget, including $120 million, in part, gress moves past Yucca Mountain. Last Clearly, President Trump and Repub- to restart licensing activities for the year, the Department of Energy began licans are not getting the message be- Yucca Mountain nuclear waste reposi- a consent-based siting initiative to find cause, today, in what can only be de- tory. That $120 million is a lot of alternative storage and disposal facili- scribed as a truly shameless giveaway money in itself, but let’s be clear that ties. Identifying communities that are to Wall Street, Republicans are poised it is just a fraction of the true costs. willing to be hosts for long-term re- to roll back a rule that would, simply, Nevada has made it clear that it will positories, rather than forcing them allow cities to help small businesses contest each and every one of the 200- upon States that have outright opposed provide their workers access to easy, plus elements of any license applica- such sites for decades, is the only sus- affordable, and high-quality retirement tion. State and Federal officials have tainable path forward. savings programs. estimated that the licensing process I wholeheartedly support these ef- Before I continue, I want to reiterate for Yucca Mountain will take 4 to 5 forts. In fact, I introduced bipartisan what is at stake if Republicans roll years and cost in excess of $1.6 billion. legislation earlier this year, the Nu- back this rule. If Republicans pass this In these difficult times, I ask my col- clear Waste Informed Consent Act, to anti-worker resolution that is on the leagues: Is it financially prudent to in- codify it into law. This strategy was floor today, over 2 million workers in vest over $1.6 billion in any program wisely recommended by the Blue Rib- Philadelphia, in New York City, and in

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.029 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2076 CONGRESSIONAL RECORD — SENATE March 29, 2017 Seattle—in my home State of Wash- may only act in an administrative ca- Back in January of last year, a Su- ington—will lose the opportunity to ac- pacity in operating these plans. preme Court seat came open. A Su- cess a retirement savings program. I think we all know what this repeal preme Court seat for which the Presi- I expect my Republican colleagues to is truly about. President Trump is dent had a responsibility to nominate a make several claims as to why they are committed to doing everything he can replacement, a new Justice to serve on pushing to repeal this rule, but I want to put the interests of Wall Street the Court. We here in the Senate had a to be very clear that this is a delib- first. Unfortunately, with this action, responsibility—a responsibility to ex- erate attempt by Republicans to deny Republicans in Congress are helping ercise advice and consent. That meant millions of workers the opportunity to him do that. that we would vet the nominee, that save for retirement just to ensure that It does not seem to matter if Repub- we would research, have a committee Wall Street remains in charge of our licans need to vote against policies hearing, have a committee vote, and retirement system and can continue to they are on the record as having pre- then forward it to the floor, where we write its own rules. viously supported, like these retire- would have a floor debate. But for the The 2 million workers who are at risk ment programs. Apparently, it does not very first time in the history of the today in these three cities are part of matter if they need to vote to under- United States of America, the majority the nearly 55 million workers across mine our States’ rights, as this resolu- party decided that they would not ex- the country, which include 2 million tion will do. It is becoming increas- ercise their constitutional responsi- workers in my home State of Wash- ingly clear, without having a legisla- bility, that they would instead steal ington, who do not have access to a tive agenda of their own, that Repub- this seat from the Obama administra- workplace retirement plan through licans are working to undo any and all tion, wrap it up, pack it into a time their employers. That is about one- rules and protections that had been put capsule, and send it into the future, in third of all of the workers in our coun- forth by the Obama administration. hopes that they would be able to suc- try. These are workers—particularly It is not working. It is not leader- ceed in packing the Court by having a low-income and young workers—who ship. It is not the kind of leadership different President, a more conserv- are putting in long hours, meeting all our families deserve. After last week, I ative President, proceed to fill the va- of their responsibilities, but who lack had hoped that President Trump and cancy. access to an employer-sponsored retire- the Republicans would have dropped I am going to go through the 16 cases ment plan. their extreme anti-worker agenda. in our history where there has been a Because Congress has been unable to Families nationwide are sending a vacancy during an election year, and in come together to address our retire- clear message in marches and phone 15 cases, the Senate acted. But last ment savings crisis, cities and States calls and letters and online and in their year, this Chamber refused to act, for have now stepped up to help more communities. They expect their rep- the first time, in trying to exercise a workers save for their own retire- resentatives to be committed to work- seat-stealing, Court-packing scheme, ments. These programs vary, but they ing for them, and they are paying close and that diabolical act against our all generally include several things. attention—more than ever before—and Constitution will have its final chapter First of all, they allow employers to are prepared to hold Members account- of discussion next week. I think it is automatically enroll workers while able. important that the Members of the giving workers the opportunity to opt This CRA is a critical vote. Families Senate understand the history of the out. Several studies have made clear are watching. If you stand with work- United States of America and the set- that, when workers are automatically ing families, vote against this resolu- ting in which this debate is going to enrolled, they are more likely to save tion. If you say you believe in States’ occur. simply because it is easier to save. We rights, vote against this resolution. If If you read the Constitution from all want that, and that is a fact. you want to meaningfully address our start to finish, nowhere does it say Secondly, these programs apply only retirement crisis, vote against this res- that the Senate has the option of refus- to businesses that do not currently olution. ing to consider a Supreme Court nomi- offer retirement plans, and they, in no I am here to urge all of our col- nee in the final year of a Presidency. way, limit an employer’s ability to leagues to reject this harmful repeal This strategy was announced within seek out and offer its own employer- and to stand with our working fami- hours of Judge Scalia dying. And why sponsored plan. lies. That is what is at stake. would the majority choose to reject Lastly, these programs are worker I yield the floor. their responsibility under their oath of and business friendly. There is little The PRESIDING OFFICER. The Sen- office? Why would they choose to do paperwork required for workers to par- ator from Oregon. that? Certainly it wasn’t because ticipate in the programs, and there are FILLING THE SUPREME COURT VACANCY Merrick Garland wasn’t qualified. He no added burdens to the small busi- Mr. MERKLEY. Mr. President, the hadn’t been nominated yet. Certainly nesses. In fact, in these programs, em- most important words in our Constitu- it wasn’t because there was a precedent ployers are strictly required to serve tion are the first three words. Our because there was no precedent in U.S. only in an administrative capacity. Founders made sure that, when the history for stealing a Supreme Court Last year, Democrats, in their work- Constitution was written, those were seat. ing with the previous administration, displayed—‘‘We the People’’—in super- Here is what transpired. The major- pushed for guidance to provide cer- sized font so that, generations later, we ity said: This might be a nominee who tainty to cities and States that have would not forget what our Constitution will fight for the ‘‘we the people’’ vi- launched their own retirement pro- is all about. sion of our Constitution, and we don’t grams. Our Constitution was not crafted to want that because we are committed to This guidance clarifies an existing create a government that would make a different vision—a vision of govern- safe harbor that allows employers to decisions by and for the powerful. It ment by and for the most powerful peo- establish payroll deduction IRAs, was not crafted to create a government ple in the United States of America— which gives States the clarity that that would make decisions by and for and we want to make sure that the these programs will not be preempted the privileged. That was the power of Court has a 5-to-4 majority to keep by Federal retirement law while still the ‘‘we the people’’ vision, as Presi- turning the Constitution on its head, retaining the protections under the In- dent Lincoln so eloquently stated, ‘‘a destroying the vision that this Con- ternal Revenue Code. These retirement government of, by, and for the people.’’ stitution, our Constitution, was de- programs are safe; they are secure. Well, that is the vision we have the re- signed for. This guidance merely provides flexi- sponsibility of maintaining, and it is a Well, the President proceeded to bility to cities and States to move for- vision that is facing a dramatic test in carry out his responsibility despite the ward with these programs. Again, this this coming week—a test that affects fact that the majority said: We are not guidance provides clarity for small the integrity of this body, a test that going to consider your nomination be- businesses, which facilitate these pro- affects the integrity of the Supreme cause we are not going to honor our re- grams for their employees, in that they Court. sponsibilities under the Constitution.

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.031 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2077 Despite that, the President said he Now there is another group of nomi- and steal a Supreme Court seat. This is would honor his responsibility, and he nees in an election year where the va- politics completely unhinged. This is nominated Merrick Garland on March cancy occurred before the election, but driven by the dark money of the Koch 16. the nominee was nominated after the brothers. This is the powerful, behind- The story here in the Chamber was election, and there are four in that the-scenes puppet master telling the that if he was on this floor, he would group. We have President John Quincy Senate what to do because they cannot have plenty of votes, far more than 60 Adams, who nominated John afford to have a Justice who hadn’t votes to be confirmed. So that kind of Crittenden. The day he nominated him been appropriately vetted by conserv- hardened the opposition, because there was in December of 1828—again, just a ative think tanks to make sure how were more than 60 Senators who were few months before the new President they will vote on Citizens United pos- going to say: Yes, let’s embrace this would take office—and in that case, it sibly get on the Supreme Court. No- mainstream judge who wants to fight was proceeded to be acted on by the body knew how Merrick Garland would for our ‘‘we the people’’ Constitution. Senate. The Senate chose to postpone vote on Citizens United. On the Demo- But the leadership said no. the action, but they acted. They took a cratic side, we worried that he might What have we seen unfold over the vote. They decided. sustain it. On the Republican side, they last few years of dark money ruling There was Jeremiah Black, the nomi- worried that he might strike it down American campaigns? In 2014, we saw nee, in February 1861. There was a mo- and be a ‘‘we the people’’ Justice. But the Koch brothers decide that they tion to proceed. The Senate voted, and instead of engaging in responsible Sen- wanted to control this Chamber, so they rejected it. ate action required by our oath of of- they said: We are going to spend vast Then we have a nominee from Abra- fice, for the first time in U.S. history, sums to elect a majority that will re- ham Lincoln in 1864, and that nomina- the majority, driven by a powerful spe- spond to our perspective as billion- tion was confirmed. cial interest, the Koch brothers, de- aires, coal and oil billionaires, kind of Finally, under President Dwight Ei- cided to steal the seat. like a government by and for the pow- senhower, there was William Brennan, So that is the setting in which next erful. and that nomination was confirmed as week’s debate will occur. We have So they spent huge sums of money in well. heard some very self-righteous words Arkansas and in Louisiana and in In all of these cases, even though the coming from the majority side saying: North Carolina and in Iowa and in Col- nomination occurred after the election Look how qualified he is. How could orado and in Alaska and in my home and there was little time, the Senate you possibly say there is anything State of Oregon, and they won most of acted. wrong with this nomination? There is a set of nine more nomina- those States. Suddenly, there was the Well, I asked my fellow colleagues to tions that occurred in an election year, majority they had hoped for. realize the reality of what they are en- Then they sent a warning message to and these are cases where both the va- gaged in, that they had a responsibility the Republican leadership in the form cancy occurred before the election and and that every Senate majority in U.S. of this: In January 2015, the Koch the nomination occurred before the history exercised that responsibility brothers said: Pay attention because election. until last year. And it corresponds to we plan to spend nearly $1 billion in Nominee William Johnson under this enormous growth of dark, secret the next election, 2 years from now, Thomas Jefferson. Final result: The money under Citizens United entering and if you cross us, you might know Senate acted. They confirmed. our campaigns. It corresponds to the the consequences because we can spend Edward King under President John threat that the Koch brothers made in money in primaries as well as in gen- Tyler. The Senate acted. They rejected January of 2015 that they were going to eral elections. that nomination, but they acted. They spend nearly $1 billion in the 2016 elec- That is the background on how the tabled it. tion. Senate majority decided to steal this Edward Bradford under Millard Fill- seat for the first time in U.S. history. more. They proceeded to again reject One of our Republican colleagues said Just to make sure we are checking the nomination, but the Senate acted. he thought the Senate should do their all of our facts on this, let’s take a Melville Fuller—nominee under Gro- job. He thought we should hold a de- look at those various vacancies. As I ver Cleveland—was confirmed. And re- bate, we should hold a vote. And there mentioned, there have been 16 in our alize this was in May of that year. was a tremendous pressure brought to history. In one group of nominations, George Shiras under Benjamin Har- bear on that colleague from the sup- those vacancies occurred after the elec- rison. He was confirmed. That hap- pliers of this dark money, and then 3 tion, so there was very little time for pened in July that the nomination oc- days later he changed his position. the Senate to act. curred. This is a corruption of the very foun- Nominee John Jay—President John Brandeis under Woodrow Wilson. He dation of our democracy, and that is Adams—was nominated on December was nominated in January. Confirmed. why there is only one legitimate nomi- 18. At that point in time, the new John Clarke, also Under Woodrow nee who President Trump should put President took office in March, so Wilson. Nominated in July. Confirmed. forward to end this act of theft, to there wasn’t very much time, but none- All of these were before the election honor the integrity of the responsi- theless the Senate acted and confirmed in a parallel case to the situation with bility of the Senate, and that is the nominee, and, in kind of an inter- Justice Scalia passing away and a nom- Merrick Garland. We don’t know where esting twist of fate, the nominee ination in the election year. he stands on lots of issues. He has been turned down the post. Benjamin Cardozo was nominated by a judge who came right down the mid- When Ward Hunt was nominated by Herbert Hoover. He was confirmed. dle. He has been a judge whom every- Ulysses Grant in December of 1872— So there we have 16 cases—actually, I body respected. He wasn’t from the ex- again, just a couple of months before have only mentioned 15 so far—15 cases treme. But the process of stealing the the next President would come in—the in our history in an election year, and seat was to get a judge whom everyone Senate acted. in each and every case, the Senate knew where he stood, because they Let’s take a look at William Woods. acted—in each and every case except wanted to make sure that he would The nominee from President Ruther- for the tragedy, the desecration of the sustain Citizens United, that he would ford Hayes was also nominated in De- Senate process that occurred last year. take the corporate side against the cember of that year, just months be- Merrick Garland was nominated by consumer time after time after time. fore the new President would come in, Barack Obama in February. No action. This is why there is a tragedy unfold- but nevertheless the Senate acted. The first no action in U.S. history. The ing right now. I urge the American peo- In all three cases, they confirmed the first stolen seat in U.S. history. ple to pay attention because the very nominee within that short period of Let’s understand that this is politics foundation of our democracy, of the in- time. They debated. They vetted. They out of control when Senators would ig- tegrity of our institutions are being acted. They fulfilled their responsi- nore their oath of office, would proceed shattered, degraded, and destroyed bility under the Constitution. to engage in a Court-packing scheme right before our eyes.

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.033 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2078 CONGRESSIONAL RECORD — SENATE March 29, 2017 Those who care about the Constitu- In the 235 years of our Nation’s his- confirmed 11 years ago by a bipartisan tion, those who care about the integ- tory with the Constitution, there has body of Senators. rity of the Senate doing its job under never been a successful partisan fili- In the last couple of weeks, we have its oath, those who care about the in- buster of a Supreme Court Justice. seen days’ worth of hearings where tegrity of the Court must stand up and What I mean by that is this: No Su- each Senator has been able to speak for say no to this effort to pack the court. preme Court nominee has ever been re- an hour or so, questioning Judge One of the arguments colleagues jected by a partisan filibuster on the Gorsuch, days’ worth of hearings where made, not knowing the history of the floor of the Senate. Now, sure, we can the American people witnessed as United States, was that there just argue about the 1968 bipartisan at- Judge Gorsuch laid out his legal philos- wasn’t time. There was just not enough tempt to make sure that then-Asso- ophy and his temperament, and where time to consider a nominee. So here is ciate Justice Abe Fortas wasn’t ele- he displayed the even temperament we a little bit of information regarding vated to the Chief Justice position. need on a Supreme Court—the kind of time. Since the 1980s, every person ap- What this Chamber is facing today temperament that not only is able to pointed to the Supreme Court has been isn’t a question of whether we will work with colleagues but understand given a prompt hearing and a vote abide by the Biden rule. The Biden complex legal cases. And 11 years ago within 100 days. Since 1975, the average rule, of course, was when Joe Biden his confirmation was so noncontrover- is 67 days. said: During the last term of the out- sial that when it came to his confirma- So to those who said that this seat going President, when the office is up opened up in January and there wasn’t tion, Senator LINDSEY GRAHAM was the for election, we are not going to con- only one who showed up. He was the time left to have the Senate exercise firm any nominees. This isn’t an argu- its responsibility, we can see that they only one at the confirmation hearing. ment over whether CHUCK SCHUMER was That is how noncontroversial it was. were just presenting a falsehood, that right when Senator CHUCK SCHUMER there was plenty of time for the Senate What a difference a court makes. said: Heck, over the last couple of Now, let’s talk about some of the to exercise its responsibility. To those years of the Bush administration, we who said that the nomination didn’t Senators who supported him, or at are not going to allow a Justice to be least didn’t object to him, 11 years ago. come until March, there was still 10 confirmed. Then, Minority Leader CHUCK SCHUMER months left. So from the time that That is not what we are arguing didn’t oppose Judge Gorsuch of the Merrick Garland was nominated, 293 about today. We are arguing about Tenth Circuit Court. Senator LEAHY, a days were left in the administration. whether a brilliant legal mind, a judge member of the Judiciary Committee, For Kagan, consideration took 88 who has proven incredible legal tem- did not object to Judge Gorsuch. Sen- days; for Sotomayor, 67; for Alito, 83; perament over the last several months ator FEINSTEIN, another member of the for Roberts, 63; for Breyer, 74; and for since his nomination, a judge who has Judiciary Committee, didn’t oppose Ginsberg, 51. Do we hear any numbers agreed 97 percent of the time with the Neil Gorsuch. Senator DURBIN, the mi- equivalent to 293 days? majority decisions of the court, should Let’s look at Thomas, 69 days, Ken- nority whip, did not oppose Judge Neil receive an up-or-down vote. nedy at 65, Scalia himself at 85, Have no doubt that this is a historic Gorsuch 11 years ago. Senator CANT- Rehnquist at 89, and O’Connor at 33. opportunity for this Chamber to come WELL, Senator CARPER, Senator They all fall into the same pattern of a together to prove that we believe in MENENDEZ, Senator MURRAY—none of couple of months for the paperwork to that 230-year precedent of confirming them opposed Judge Gorsuch’s con- be done, the investigation to be com- Supreme Court Justices. This is an op- firmation to the Tenth Circuit Court. pleted, and the committee to hold portunity we have to come together on Senator NELSON, Senator REED, Sen- hearings and to act. But there is Gar- a judge who just 11 years ago was con- ator STABENOW, Senator WYDEN—all of land, with 293 days, and the Senate firmed unanimously by voice vote. them here today. None of them ob- failing to act. jected to Neil Gorsuch. This simply reinforces the pretense There was no opposition 11 years ago to Judge Gorsuch when he was confirmed It is even more than that. Then-Sen- put forward that there wasn’t enough ator Barack Obama did not object to time, or that there was a tradition of to be placed on the Tenth Circuit Court, which is based in Denver. Now, Judge Gorsuch’s confirmation. Then- not considering a nominee for a seat Senator Hillary Clinton didn’t object that became available in an election the Denver-based court, the Tenth Cir- cuit Court, covers about 20 percent of to Judge Gorsuch’s nomination. Then- year, because it has happened 15 times Senator Joe Biden helped pass his con- previously in our history, and in all 15 our Nation’s land mass. It is a huge, huge area. This is a court that deals firmation, his appointment, and made times the Senate acted—every single sure it cleared on a voice vote. one. So every argument put forward with public lands cases. This is a court To hear the partisan bickering here was phony, was wrong, and was based that deals with water issues, complex is extremely disappointing and dis- on falsehood. It was driven by dark public lands issues, and Tribal issues. ingenuous. So I hope this Chamber will money puppeteers of this Chamber This is a judge who has been a part of do what we do best in this country, and wanting to make sure they could keep 2,700 opinions, voting 97 percent of the open their Citizens United money cor- time with the majority of the court. that is to come together on issues of rupting American campaigns and de- Now, the majority of the court aren’t doing our job of confirming a Supreme basing our democratic Republic. all George W. Bush or George H.W. Court Justice after spending the past So to everyone who cares about the Bush or Ronald Reagan nominees. The several months complaining that the integrity of the Senate and the integ- nominees in the Tenth Circuit Court Supreme Court wasn’t filled. rity of the Court, let this Senate know are bipartisan justices. It is filled with This judge should receive bipartisan that they must return to respecting Democratic and Republican appointees. support, as he did 11 years ago. I guess this institution and to respecting the That is the Tenth Circuit Court, with the question has to be asked of people Court. That means Merrick Garland whom Judge Gorsuch has worked. who are now opposing Judge Gorsuch must be the nominee until the Senate Judge Gorsuch has been somebody today, who either supported or did not has acted on him, and the nominee be- known as a feeder judge. A feeder judge object to him 11 years ago: Did they fore us must be rejected. To do any- is somebody that the Supreme Court— not do their work 11 years ago? Did thing else is to desecrate the integrity when they are looking to select clerks they not realize he was a bad judge? Or of this Court and this Chamber. to help the Justices do their work— has the time of politics changed? Or The PRESIDING OFFICER (Mr. COT- looks to, like Judge Gorsuch, to pro- are we just dealing with a President TON). The Senator from Colorado. vide them with law clerks to help them whom they have decided they don’t NOMINATION OF NEIL GORSUCH at the Supreme Court. They do that be- want to have a Supreme Court Justice Mr. GARDNER. Mr. President, I cause he is an incredible and out- from? I guess that is what has perhaps come to the floor once again today to standing jurist, somebody who has the changed the most over the past 11 talk about the confirmation of Judge respect on both sides of the aisle, Re- years, because there is not really a nar- Neil Gorsuch to the U.S. Supreme publican and Democrat. That is why he rative we can point to for a reason of Court. is a feeder judge. That is why he was why they should oppose him, other

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.035 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2079 than people just deciding that the poli- that we should once again have sepa- I hope that over the next several tics of the now require it, and that is rate but equal branches of government days as we debate the nomination, we incredibly disappointing. balanced in power. will move away from this cliff of If we look at Judge Gorsuch’s state- I think that is a good judge to place changing two centuries’ worth of prece- ments, he talks about Justice Scalia’s on the Court—a judge who is clearly dent in this body and instead come to- vision of the good and faithful judge. I mainstream, a judge who clearly has gether in a way that befits the best na- think it is a worthy one that we focus the temperament to work with col- ture of our country. on because of what it means to Judge leagues to make our country proud. Mr. President, I thank you for this Gorsuch—soon to be Justice Gorsuch— Certainly as a fourth-generation Col- opportunity to speak and come to the to be a good and faithful judge: oradan, I am very excited Judge floor. It seems to me that the separation of legis- Gorsuch has been nominated by the With that, I yield the floor. lative and judicial powers isn’t just a for- President. In addition to the bipartisan The PRESIDING OFFICER. The Sen- mality dictated by the Constitution. Neither support Judge Gorsuch received here 11 ator from Georgia. is it just about ensuring that two institu- years ago, he also has tremendous bi- Mr. PERDUE. Mr. President, I rise tions with basically identical functions are partisan support back home in Colo- today to speak about one of the great- balanced one against the other. rado. In fact, I have a letter here from est honors and privileges that we enjoy To the founders, the legislative and judi- Jim Lyons, who was a personal friend here in the Senate. As outlined in arti- cial powers were distinct by nature and their cle II, Section 2, of the Constitution, separation was among the most important and lawyer for President Bill Clinton. liberty-protecting devices of constitutional It is a letter to Senator GRASSLEY, one of the real honors of serving here design, an independent right of the people es- chairman of the Senate Judiciary Com- in the Senate is the opportunity to sential to the preservation of all other rights mittee, dated February 7, 2017. offer advice and consent for nominees later enumerated in the Constitution and its I write this letter in strong support of the to the U.S. Supreme Court. amendments. nomination and confirmation of Neil This body has historically treated it Now consider . . . if we allowed the judge Gorsuch for Associate Justice of the Su- in such a solemn manner that in over to act like a legislature. Unconstrained by preme Court. 230 years of our history, no nominee to the bicameralism and presentment hurdles He ends his letter with this: the Supreme Court has ever been de- of Article I, the judge would need only his nied a seat through the use of a par- own vote, or those of just a few colleagues, Judge Gorsuch’s intellect, energy and deep to revise the law willy-nilly in accordance regard for the Constitution are well known tisan filibuster. Unfortunately, right with his preferences and the task of legis- to those of us who have worked with him and now, Members—colleagues from the lating would become a relatively simple seen first-hand his commitment to basic other side of the aisle—are threatening thing. principles. Above all, his independence, fair- that very precedent. Notice, too, how hard it would be to revise ness and impartiality are the hallmarks of As I said on the floor earlier this this so-easily-made judicial legislation to ac- his career and his well-earned reputation. year, President Donald Trump prom- count for changes in the world or to fix mis- The former Governor of Colorado, ised the American people he would takes. Unable to throw judges out of office in Democrat Bill Ritter, supports the con- nominate an unwavering supporter of regular elections, you’d have to wait for firmation of Judge Neil Gorsuch. the Constitution to fill the vacancy them to die before you’d have any chance of Eleven years ago, then-Senator Ken left by the late Justice Scalia. This change. And even then you’d find change dif- Salazar spoke very highly of his tem- ficult, for courts cannot so easily undo their President has kept his promise. He has errors given the weight they afford prece- perament, saying in 2006 that Judge nominated somebody who was actually dent. Gorsuch met the ‘‘very high test’’ re- confirmed here in the Senate not that Notice finally how little voice the people quired of someone to be a ‘‘great long ago by a voice vote by Members would be left in a government where life-ap- judge’’ and that he has ‘‘demonstrated who are still here in the Senate, many pointed judges are free to legislate alongside a dedication to fairness, impartiality, of them. This was a nomination to the elected representatives. precedent and avoidance of judicial ac- The very idea of self-government would Tenth Circuit, a role that this man, the seem to wither to the point of pointlessness. tivism—from both the left and the nominee, filled with great honor and Indeed, it seems that for reasons just like right.’’ much distinction. these Hamilton explained that ‘‘liberty can The Denver Post editorial board, Judge Neil Gorsuch’s record of serv- have nothing to fear from the judiciary which came out in support of Hillary ice lives up to the highest standards for alone,’’ but that it ‘‘ha[s] everything to fear Clinton, argued for Neil Gorsuch’s a Federal judge. His academic and legal from [the] union’’ of the judicial and legisla- nomination, saying: ‘‘A justice who records are impeccable. He has dem- tive powers. . . . does his best to interpret the Constitu- onstrated a keen understanding and ap- That is the explanation that Judge tion or statute and apply the law of the preciation for the rule of law, and he Gorsuch has given to Justice Scalia’s land without prejudice could go far to spoke so articulately in hour after good and faithful judge—a judge who restore faith in the highest court of the hour of interrogation, actually, in his believes that the judicial branch is the land.’’ confirmation hearing just last week. guardian of the Constitution to take a Neal Katyal, former personnel in the Most importantly, Judge Gorsuch has decision or a question before them to Obama administration, stated his sup- repeatedly demonstrated his commit- the place the law leads them to, not to port for Neil Gorsuch: ‘‘I am confident ment to the Constitution and to our the place where politics sends them or Neil Gorsuch will live up to that prom- founding principles of economic oppor- politics demands them or personal ise’’ to ‘‘administer justice without re- tunity, fiscal responsibility, limited opinions and beliefs dictate. spect to persons, and do equal right to government, and most important, indi- We have heard Judge Gorsuch say he the poor and to the rich.’’ vidual liberty. believes that a judge who personally The Washington Post editorial board, His testimony last week before the believes or agrees with every opinion many others in Colorado’s legal com- Senate Judiciary Committee was mas- he reaches is probably a bad judge. It is munity, including the former cochair terful. It absolutely convinced me that because Judge Gorsuch knows that of the Host Committee of the Demo- he is the man for this job. Judge once you put on the robe, you don’t fol- cratic National Convention in 2008, Gorsuch listened to questions, care- low your personal opinion. You follow support the confirmation of Neil fully responded thoughtfully, and he the law. That is the guarding of the Gorsuch. This is not a partisan judicial gave an indication into his own de- Constitution that the Federalist Pa- appointment; this is a judge who has meanor that he would use in the Su- pers talked about. strong bipartisan support from the peo- preme Court. Judge Gorsuch listened So that is the kind of nominee we are ple who know him best. to questions carefully over and over. dealing with—a nominee who under- I hope we can live up to that high, He illustrated the ability to show a stands the separation of powers and noble intention of our Constitution, balance of judgment, which is what we who understands the role of the judici- the purpose of the Senate, to make look for in a lifetime appointment like ary, the role of the legislative branch, sure we are confirming somebody to do this. He made it abundantly clear that and the role of the executive. In fact, a lifetime service for this country in a the role of the judicial branch is to in- he believes that the executive branch way that respects our Constitution and terpret—not to make law but to inter- has been empowered too greatly and the people of this country. pret the law.

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.036 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2080 CONGRESSIONAL RECORD — SENATE March 29, 2017 In my own individual meeting with sent. We are talking about a Supreme opinions had the fewest number of dis- Judge Gorsuch, these same qualities Court Justice as someone who serves sents of anyone in the Tenth Circuit. stood out. I was very impressed with on the Court for life, so it has to be In other words, when he wrote the his disarming nature and ability to right. opinion, his colleagues disagreed with talk about issues without necessarily A long conversation about Neil him the fewest number of times of any- showing bias of his own opinion. Be- Gorsuch is coming to a head. In the one on the Tenth Circuit. cause of all this, I know he will serve next week, he will come to this floor. He is a solid jurist, respected around as a Justice in the mold of Justice He will face final debate, and the very the country, and one who deserves not Scalia, that of a balanced judiciary long confirmation process will end with only an intense investigation but I be- member. him joining the Supreme Court as the lieve deserves to be put on the Supreme I should also point out that this is ninth Justice. When he is added on as Court of the United States. I look for- not a partisan view point. Conserv- an Associate Justice, it won’t have ward to voting for him next week. atives and liberals have come out in been a short journey. He has met with In the process, I hope, as we support support of Judge Gorsuch’s confirma- every single Senator face to face. He him, that we will also step up and do a tion over and over through the past has made all the time available that process that has been consistent in this week since his nomination. Neal they wanted to have for face-to-face country for the last 230 years of how we Katyal, who served as Acting Solicitor questions and to be able to go through process through judges; that is, we General under former President those issues personally. He has been in have an up-or-down vote. They are not Obama, as a matter of fact, has de- very long hearings. He sat down hour blocked by a cloture vote to try to scribed Judge Gorsuch as ‘‘an extraor- after hour, multiple days, answering keep them from getting to a final vote. dinary judge and man.’’ questions from Senators in the Judici- The judges here get an up-or-down The American Bar Association, ary Committee, then a vote from the vote. That is the way we have done it. which many members of this body hold Judiciary Committee, and then coming Of the eight Justices who are sitting as a gold standard for judicial nomi- to this floor. There has been research on the bench right now, only one of nees, actually gave Judge Gorsuch its in his background in every case. Every- them even had a cloture vote at all, highest rating—something they don’t thing he has ever written and every and that one wasn’t even close. It was do very often. They did so unani- speech he has ever given has been ex- 72 to 25, and that was Justice Alito. mously, by the way. amined overwhelmingly. And at the Just to walk through the brief his- Those who know Judge Gorsuch best, end of that, he has been found to be a tory of some of the recent judges and regardless of their political persuasion, very serious member of the judiciary. some of the things that have happened have offered ample praise and abiding In this body in 2006, he was put on and how it is absurd that we would respect for this well-qualified nominee. the Tenth Circuit, a circuit that Okla- even be discussing a filibuster of a Su- If confirmed, I have full faith that homa happens to be in. There was a preme Court Justice, Justice Kagan Judge Gorsuch’s rulings will be just unanimous vote in the Senate in 2006 was approved by a vote of 63 to 37. and rooted in the letter of the law. for him to join the Tenth Circuit. He There was bipartisan support coming This nomination and confirmation was seen as a consistent, solid, main- out of the committee. I can assure you, come at a time in the history of this stream, fair judge. That means Senator there wasn’t bipartisan support for pol- Republic when it is absolutely crucial Joe Biden voted for him. Hillary Clin- icy positions. that we have a balanced jurist as the ton voted for him. CHUCK SCHUMER For some reason, Judge Gorsuch is ninth member of the Supreme Court. voted for him. Barack Obama voted for being accused of being partisan or po- Jonathan Turley, constitutional law him in 2006. litical or somehow connected to the professor at George Washington Uni- After going through all of his back- President, so that would disqualify versity right here in Washington, says ground leading up to this point, since him. that this past administration created a that time, what has happened? Did he Ironically, Justice Kagan was a mem- constitutional crisis the likes of which leave the mainstream during that time ber of the White House staff before she our country has never seen. Professor period after he was overwhelmingly was nominated to go onto the Court. Turley talks about how a President has voted here, unanimously out of the That was not considered disqualifying shown future Presidents a new prece- Senate, to be on the Tenth Circuit? when it was Justice Kagan and the Re- dent of how to run the government Well, since that time, he has been a publicans were in the minority looking without Congress by blocking the Sen- part of 2,700 cases in the last decade. Of at it. They considered that everyone ate and actually creating the fourth those 2,700 cases, 97 percent of them should be looked at fairly based on arm of government—the regulators. were unanimous. In 99 percent of the qualifications, when she was coming di- This is a time we have to have a ju- cases, he was in the majority in those rectly from the White House staff onto rist who will bring a balanced view for opinions. Only 1 percent of the time he the Supreme Court. all Americans to be represented in the was not in the majority of the decision. Justice Sotomayor was approved by a Supreme Court. So you may ask, who is the Tenth vote of 68 to 31—again, bipartisan sup- I am proud to have the opportunity Circuit Court that he is working with, port even in committee. to support this nominee. I urge my col- this large group of judges who are in Clarence Thomas, one of the most leagues in the Senate to put partisan that court? Let me give you the basics controversial nominees in this last cen- interest aside, to put the best interest of it. Of the Tenth Circuit judges there tury, came out of the committee with of the country first, and to confirm right now, whom he is serving with, a divided committee. After the vote Neil Gorsuch as the next Justice of the with whom he was in the majority 99 failed, the committee then voted to Supreme Court. percent of the time, five of the other send his nomination to the floor with- I take this as a huge privilege to judges were Obama appointees, five of out a recommendation. He then passed speak out today, and I will speak more them were George W. Bush appointees, on a floor vote of 52 to 48. There was next week on the history of this nomi- three of them were Clinton appointees, never a request for a cloture vote. No nation. three of them were Reagan appointees, one filibustered him—not one person. Thank you for the opportunity to 1 was Bush 41, and 2 of them were from If Clarence Thomas would have had a speak. President Carter. That is the group he filibuster threat facing him, he I yield my time. was voting with in the majority 99 per- wouldn’t be on the Court today. He has The PRESIDING OFFICER. The Sen- cent of the time. been an excellent jurist on the Su- ator from Oklahoma. He was seen by this Senate in 2006 to preme Court, but he came out during a Mr. LANKFORD. Mr. President, be a solid, mainstream jurist. Since time when there weren’t these idle there has been a long conversation that time period, he has voted with threats. about a Supreme Court Justice. Quite them 99 percent of the time in a very It is even interesting that Robert frankly, there should be a long con- diverse Tenth Circuit. Bork, who is currently not on the versation. It is an incredibly important CRS, in their background research Court—his vote failed 42 to 58, but that role of the Senate for advice and con- with him, said that Judge Gorsuch’s was a failed final vote. Robert Bork did

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.038 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2081 not face a filibuster threat. He was weeks, it has been utilized only be- NOMINATION OF NEIL GORSUCH brought to a final up-or-down vote. cause it is really only practically Mr. President, I am here to address I could go on and on to walk through available to the Senate and to the the issue, as I have done before and will the judges and Justices and how they House if there are midnight rules, rules again, of the nomination of Judge Neil have gone through the process, but that come up at the last minute. Gorsuch to be a Justice of the U.S. Su- there has been a simple procedure: Is As of today, the Senate has already preme Court. America needs judges this person qualified? passed 11 resolutions that have dis- who can follow the law, who have the The American Bar Association, mul- approved those late rules that came in highest ethical standards, and who tiple entities, huge bipartisan support the final days of President Obama’s ad- value the independence of our courts. around the country—there is no ques- ministration. By the time we finish That is the description of Neil Gorsuch. tion he is qualified. There is no ques- this process, I think we will be toward That is him in a nutshell. We saw it tion he has been a great jurist. There is a total of maybe 15 rules that would throughout his career, and we saw it no question he has been an excellent have had a real impact on our econ- again in his confirmation hearing last writer. omy, that would have had a real im- week. Now it is a question of, Will the Sen- pact on job creation, that would have Democrats on the committee asked ate follow through on the procedures had a real impact on families. Those him to talk about issues that are going that we have followed through on for rules are not going to happen because to be coming up before the Supreme two centuries? Give judges an up-or- of the Congressional Review Act. Court. Well, Judge Gorsuch—we know down vote, and the majority and the I have been an opponent of many of what he did. He followed the rules, the minority both respect the process of these rules and many of the regula- ethics rules. These are the rules that what it means to be a part of article III tions we have seen over the last 8 say that judges and nominees should leaders in the Justice Department. years, but they have often been able to not answer those kinds of questions. This is the way that this works in become law anyway because the Con- Following the rules is exactly what the days ahead; this is the way it has gress, frankly, couldn’t do anything he should have done, and it is exactly worked in the days past. We need to be about it. what other nominees that both Repub- able to resolve it now. TITLE X PROGRAM lican and Democratic Presidents have I look forward to voting up or down In particular, I would like to com- placed on the Court have done in the and getting that vote for Judge mend Senator JONI ERNST for her work past. Gorsuch. I look forward to his joining on the resolution of disapproval we ex- It is what Ruth Bader Ginsburg did the Court to be that ninth Justice and pect to consider tomorrow. Senator at her confirmation hearing in 1993. to the Court being able to get back to ERNST’s resolution would simply re- She said that a ‘‘judge sworn to decide their business. There are a few issues store the ability of States to set their impartially can offer no forecasts, no that are unresolved from the fall. own criteria for grant recipients under hints.’’ She said that this would ‘‘dis- There are not many cases that were di- the title X program. play disdain for the entire judicial vided 4 to 4, but a few. It is time to get I would like to remind my colleagues process.’’ She was confirmed. those resolved and be able to add this that this rule was issued on December That is exactly what Judge Gorsuch ninth Justice. 19, 2016. It took effect January 18, 2017, said. That is the Ginsburg standard, With that, I yield the floor. 2 days before the end of President and every nominee since then has fol- The PRESIDING OFFICER. The Sen- Obama’s administration. So for 7 years lowed that standard. ator from Missouri. and 363 days, the Obama administra- Democrats on the Judiciary Com- Mr. BLUNT. Mr. President, I cer- tion didn’t need this rule, but they mittee also tried last week to criticize tainly agree with the comments just issued it on the way out the door. Judge Gorsuch for some of his opinions made by our friend from Oklahoma in Overturning this rule would not re- that they didn’t like. They suggested looking back at the history of the duce a single dollar of funding that is that the Court should have ignored the Court. The 200 years of giving judges a available under title X. Again, all we law—ignored the law and sided with vote really is an important thing for us are doing is simply giving back to the ‘‘the little guy’’ in these cases. to understand, as hopefully enough States the flexibility they had until Judge Gorsuch was quick to point Members of the Senate decide between the last 48 hours of the Obama adminis- out that all judges are absolutely not now and sometime next week that the tration to determine which health pro- supposed to consider who they think is up-or-down vote—where they get to viders were in the best position to pro- sympathetic. They are to rule based on vote however they want to—is totally vide the particular set of healthcare the law. appropriate. services before the rule took effect. Federal judges actually swear an I would like to speak about one other This rule is another example of over- oath to ‘‘administer justice without re- topic that we are dealing with this reach. This is another example of out- spect to persons, and do equal right to week. I was here yesterday to talk of-control regulators. I certainly am the poor and to the rich.’’ about Judge Gorsuch. I will likely be pleased to see Senator ERNST bring it It is interesting because the minority back again before this debate is over to the floor. leader, Senator SCHUMER, himself has because it is critically important that The determination of how the rules spoken about how important it is for a he be confirmed. should be made and who should make judge to be impartial. In 2009, at the Mr. President, I want to speak for them and who should do something confirmation hearing for Justice Sonia just a minute about what we are also about it is something that this Con- Sotomayor, he praised the way that doing this week under the Congres- gress, in the next few weeks, has to she put the ‘‘rule of law above every- sional Review Act. One of the reasons take a stronger stand on. thing else.’’ He said that she did this the Court matters is that the Court I hope we find a way where we have even when it led to rulings that ‘‘go gets to decide on occasion whether an to vote on every rule that has any sig- against so-called sympathetic liti- agency has the legal ability to make a nificant economic impact. That bill gants.’’ That was 2009. rule, but just because they may have has passed the House of Representa- Fast forward to 2017. It is the iden- the legal ability to make a rule doesn’t tives already. tical standard that Judge Gorsuch has mean they should make a rule that I see the Senator from Wyoming followed. He pointed out that it is his stands if the Congress doesn’t agree. here, so I yield the floor. job to apply the law, and writing the The Congressional Review Act, under The PRESIDING OFFICER. The Sen- laws is the job of the legislative branch the late rulemaking of President ator from Wyoming. of government. Obama, has had a real opportunity to Mr. BARRASSO. Mr. President, I We are not here selecting the 101st work for, I would say, the first time, would like to add my voice to that of Senator. This is not about who ought but the truth is, it has worked one the Senator from Missouri. I thank to be another Senator. This is about other time in 2001. In the 25-or-so-year him for his leadership and for his excel- who should be on the Supreme Court. history of the Congressional Review lent work on the matters that he has We are selecting a Justice for the most Act until the last few days, the last few been addressing. important Court of the land.

VerDate Sep 11 2014 01:25 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.044 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2082 CONGRESSIONAL RECORD — SENATE March 29, 2017 Nearly everyone who has looked at almost anything to keep us from hav- making law is designed to be different this nominee’s record, who has watched ing an impartial, independent judici- than what the judiciary does in inter- his confirmation hearing agrees that ary. preting and applying that law. This de- he would be an excellent Justice. There As I explained at the start of the sign for government is necessary for was one lawyer who wrote an op-ed in hearing last week, qualifications for the liberty that we all enjoy. Change The Washington Post on March 8. He is judicial service include both legal expe- the design and sacrifice the liberty it a board member of the liberal Amer- rience and judicial philosophy. Legal makes possible. ican Constitution Society. He wrote experience looks at the nominee’s past Specifically for our purpose today, that ‘‘there is no principled reason’’ to accomplishments in the law, while ju- this design provides the job description vote against Judge Gorsuch. A Denver dicial philosophy anticipates the nomi- for judges. They interpret and apply Post editorial last week said Judge nee’s future judicial service. written laws such as statutes and the Gorsuch would make ‘‘a marvelous ad- Judge Gorsuch’s legal experience is Constitution to decide cases, and they dition to the Supreme Court.’’ The among the most impressive that I have must do so impartially, deliberately re- American Bar Association has given seen in my 40 years on the Judiciary moving their own views, preferences, or him its highest possible rating. He was Committee. He is truly an impressive agendas from the judicial equation. even introduced at his confirmation man. This is no doubt why the Amer- That is exactly the kind of Justice that hearing last week by a former top law- ican Bar Association easily and unani- Neil Gorsuch will be and has been. Pro- yer for the Obama administration. Neal mously gave Judge Gorsuch its highest fessor Jonathan Turley, a well-known Katyal is a Democrat. He was the Act- ‘‘well qualified’’ rating, the highest constitutional law expert, told the Ju- ing Solicitor General of the United rating it can give. I certainly have had diciary Committee that, like Justice States for President Obama. He has my differences with the ABA, because Scalia, Judge Gorsuch has a well-de- called Judge Gorsuch ‘‘one of the most at times they appear to let political or fined judicial philosophy with a record thoughtful and brilliant judges to have ideological considerations influence of well-considered writings both as a served our nation over the last cen- their rating. I mention their rating judge and as an author. In short, con- tury.’’ now because my Democrat colleagues, cluded Professor Turley, ‘‘we have a I think any Democrat who watched including Senators LEAHY and SCHU- very good idea of who Judge Gorsuch is the confirmation hearings and looked MER, have called the ABA’s rating ‘‘the and the type of Justice he will be.’’ He at the nominee’s record will decide it is gold standard’’ for evaluating judicial will be an impartial Justice who takes an easy decision to confirm him. nominees. the law as he finds it, applies it objec- If there is a Democrat who reaches The ABA testified about their rating tively to decide cases, and leaves the the opposite conclusion, I say: Come to at last week’s hearing, explaining that decision about changing the law to the this floor. Come to the floor of the U.S. they sought input from more than 5,000 people and their elected representa- Senate. Explain why you think our people throughout the legal world who tives. judges should go into a case favoring would have personal knowledge about This brings me to the second thing one side or another. If you think a Judge Gorsuch. That is about as broad that the Judiciary Committee hearing judge should make promises about how a group as I have ever heard of. They revealed last week. I said at the start he will rule just to win the vote of a assembled 40 scholars and nationally of the hearing that the confirmation Senator, go ahead. Come to the floor. recognized Supreme Court practi- process reveals the kind of judge that Make your case. If you think that a tioners to review his judicial opinions, Senators want to see appointed. And it Justice of the Supreme Court should other writings, and speeches. The certainly did. Judge Gorsuch’s oppo- ignore the law and rule not based on ABA’s 1,000-page report concluded that nents seem determined to oppose an the law but by that judge’s own pref- Judge Gorsuch meets the ‘‘very high impartial and independent judiciary. In erences, please come to the floor and standards of integrity, professional fact, it looks to me like they want the say so. I don’t think that is what the competence, and judicial tempera- opposite—a judiciary that is partial American people want. ment.’’ and dependent. They want judges to de- The American people want judges Editorial boards across America took cide cases with deliberate regard to the who are smart, who are principled, who notice as Judge Gorsuch demonstrated parties and with determined attention are fair, and who know that their job is such qualities to everyone. to the political interests that their de- to follow the law, not write the law. The Denver Post said that Judge cisions will promote. The American people know that Neil Gorsuch ‘‘possesses the fairness, inde- This is the 14th Supreme Court con- Gorsuch is exactly that kind of judge, pendence, and opened-mindedness nec- firmation process in which I have par- and that is the kind of judge who we essary to make him a marvelous addi- ticipated, and I cannot remember Sen- should have on the Supreme Court and tion to the Supreme Court.’’ ators opposing more strongly the basic on every court of the land. The Detroit News said that Judge notion that judges must impartially Thank you, Mr. President. Gorsuch ‘‘is proving himself an even apply the law. I yield the floor. tempered, deeply knowledgeable nomi- It is important to point out, of The PRESIDING OFFICER. The Sen- nee who should be confirmed by the course, that Democrats’ objection to ator from Utah. Senate.’’ judicial independence has, to be chari- Mr. HATCH. Mr. President, I ask The Chicago Tribune said that Judge table, not always been consistent. In unanimous consent that I be permitted Gorsuch’s critics ‘‘suggest that they 2009, for example, Senator SCHUMER in- to complete my remarks today. fear Gorsuch won’t follow the law, but troduced Justice Sonya Sotomayor to The PRESIDING OFFICER. Without the opposite is more true. They fear he the Judiciary Committee for her con- objection, it is so ordered. will. Gorsuch should be confirmed.’’ firmation hearing. Senator SCHUMER Mr. HATCH. Mr. President, I want to The second and more important qual- was a distinguished member of the compliment the distinguished Senator ification for judicial service is the committee at the time. He praised Jus- from Wyoming for the wonderful re- nominee’s judicial philosophy or his tice Sotomayor for, as he described it, marks he has made. They are right on understanding of the power and proper carefully applying the law even when it point. role of judges in our system of govern- meant ruling against ‘‘so-called sympa- Last week’s Judiciary Committee ment. This is ground zero in the con- thetic litigants.’’ That was then. This hearing on Judge Neil Gorsuch’s Su- flict over the appointment of judges. is now. Last week, Democrats turned preme Court nomination made two America’s Founders were clear about the Schumer standard on its head, things abundantly clear. The first is their design for the judicial branch as cherry-picking a few of Judge that Judge Neil Gorsuch is a superb, part of the system of government they Gorsuch’s thousands of cases to criti- highly qualified nominee. Second, with established. Central in this design is cize him for ruling against sympathetic the possibility of the first partisan fili- the separation of powers. Government litigants. buster in the history of a Supreme power is divided among three branches Every Federal judge takes an oath to Court nominee, I have come to the con- and is supposed to stay that way. As a administer justice without respect to clusion that some Democrats would do result, what the legislature does in persons and to discharge his judicial

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Democrats are nominee, these rules do not apply that She said: ‘‘A judge sworn to decide im- already claiming that the threshold for they are now trying to apply to Judge partially can offer no forecasts, no confirming Supreme Court nominees is Gorsuch. hints, for that would show not only dis- 60 votes. Where did they get that from? I have seen a lot of nominees in my regard for the specifics of the par- They may wish this were the rule, at day and an awful lot of nominees to the ticular case, it would display disdain least for Republican nominees, but Supreme Court. I have never seen one for the entire judicial process.’’ they know that is not true. They know any better than Judge Neil Gorsuch. He Every Supreme Court nominee of ei- it. is totally prepared for the job. He is an ther party has taken this same posi- Democrats have been playing this outstanding lawyer with great experi- tion. To me, this simply shows how game for years, embracing one stand- ence. He is a brilliant judge, someone much these nominees, most of whom ard when it suits them, only to do an who will enhance the Supreme Court are sitting judges already, care about about-face later. It may be just a coin- and not deteriorate it, who deserves to their impartiality and the fairness it cidence, but the flip-flopping follows an be on the Supreme Court. Thank good- provides to litigants. eerily similar pattern to election cy- ness the President has seen fit to put I think it would baffle our fellow citi- cles when different parties control the him there. zens to suggest that judges should, in White House. But, like I said, that may I hope our colleagues will think it effect, prejudge cases before they even be just a coincidence. through because we should not be po- come up or publicly take sides on What I do know is that Senator liticizing these judgeships like has issues that could later require their ju- SCHUMER voted 25 times to filibuster been done recently. Frankly, we should dicial decision. Our constituents would judicial nominees of President George never politicize the Supreme Court think it crazy to say that judges should W. Bush. Then, when nomination fili- nomination process. It is not just be- not keep an open mind or that judges busters had declined under President cause the President is a Republican; it need not be impartial. Obama, he voted to abolish them. Now, is because that is the way I have al- Today, however, Democrats say they with a Republican in the White House, ways approached it. I think that is the will oppose Judge Gorsuch’s Supreme he is back on the filibuster train. He way most everybody in this body has Court nomination unless he spells out was against judicial filibusters before always approached it. those views, unless he provides those he was for them before he was against I hope people will think it through same forecasts and previews. In other them. and vote for Neil Gorsuch. He deserves words, Democrats consider the impar- Why not have a vigorous debate fol- their vote. He will be a great Justice tiality they applauded in Justice Gins- lowed by an up-or-down vote? The 1987 on the Supreme Court. He is going to burg to be a liability in Judge Gorsuch. nomination of Robert Bork was con- make it one way or the other, and I To most people, fairness, openminded- troversial, yet there was no cloture hope my colleagues on the other side ness, and impartiality are qualities we vote, even though he was defeated. The realize that and will dispense with need in our judges. To some Demo- 1991 nomination of Clarence Thomas some of this garbage that has been crats, they are obstacles to be over- was controversial, yet there was no used against Judge Gorsuch. come, I might say, on the way to a cloture vote, even though he was con- I yield the floor. fully politicized judiciary. What do my firmed. I suggest the absence of a quorum. Democratic colleagues have to fear Republicans have never even at- The PRESIDING OFFICER. The from judges who are truly impartial? I tempted a partisan filibuster of a Su- clerk will call the roll. mean, I don’t see where the argument preme Court nominee. Most recently, The senior assistant legislative clerk really is. then-Majority Leader Harry Reid said proceeded to call the roll. Another tactic last week was to talk in 2010 that he would file cloture on the Mr. CARDIN. Mr. President, I ask about people who had not been nomi- Supreme Court nomination of Elena unanimous consent that the order for nated and who were not even in the Kagan. Republican leaders, including the quorum call be rescinded. room. Committee Democrats, for ex- our former colleague Senator Jeff Ses- The PRESIDING OFFICER (Mr. ample, talked about President Trump sions, told him that filing cloture TOOMEY). Without objection, it is so or- and a few of his advisers more than 80 would be completely unnecessary. dered. times over just 3 days. They also de- The truth is that no Supreme Court Mr. CARDIN. Mr. President, I take to cried the efforts of grassroots activists nominee has ever been defeated by a the floor to urge my colleagues to vote working on behalf of Judge Gorsuch’s partisan filibuster. The only reason against two of the resolutions that are nomination. It mattered not that the Democrats are choosing to push us in on the floor, H.J. Res. 66 and H.J. Res. nominee had no connection whatsoever that direction is that their leftwing 67—both under the Congressional Re- with those particular efforts. No, groups have told them to do so. view Act—which would not allow two Democrats warned of the ‘‘extreme spe- Judge Gorsuch’s approach to judging regulations under the Obama adminis- cial interest groups’’ that supposedly empowers the American people and tration to go forward that would allow advised the President about filling this their elected representatives. It does so for increased retirement security for Supreme Court vacancy. They talked by taking seriously what they do. He American workers and families. about so-called ‘‘dark money’’ contrib- takes the words of the statutes they Throughout my time in office, I have uted to such groups by undisclosed do- enact and the Constitution they estab- fought hard for measures that increase nors. lished as having substance and actually the retirement security for American I would not go so far as to directly meaning what they say. That is the re- workers and families. One of the most accuse anyone of hypocrisy or of spect that our system of separated prominent examples is the private re- changing their tune based on ideology branches requires that each give the tirement improvements that I cham- or political party. I would not do that. other. pioned with my friend Senator I would observe, however, that one Last week’s hearing confirmed for all PORTMAN when we were both in the group invited by Democrats to testify to see that Judge Gorsuch has the legal House of Representatives. against the Gorsuch nomination was experience and judicial philosophy and More recently, Senator PORTMAN and particularly vocal about condemning temperament to make him fully quali- I have joined together to support other ‘‘big money corrupting our politics.’’ It fied to serve on the Supreme Court. It changes to our pension laws that en- turns out that this group was cited by also exposed the fact that some of my hance retirement security. For in- the Center for Public Integrity in Jan- colleagues see an impartial and inde- stance, the Cardin-Portman Church

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Res. 67 are Mr. President, I suggest the absence unanimously last September, amends seeking to undo that. of a quorum. nondiscrimination regulations to pro- I am also confused by claims that the The PRESIDING OFFICER. The tect older workers in pension plans adoption of these resolutions would clerk will call the roll. that have been closed or frozen. I hope necessarily lead to the complete The senior assistant legislative clerk the bill will be taken up again in this ERISA preemption of State programs. proceeded to call the roll. Congress. The Department of Labor does not take Mr. DURBIN. Mr. President, I ask I mention these efforts over the years that position. To claim that these reso- unanimous consent that the order for with Senator PORTMAN because I think lutions alone would have such a broad the quorum call be rescinded. they show two things: First, they show effect on the interaction of ERISA with The PRESIDING OFFICER. Without that ensuring all Americans can retire State law is troubling, to say the least. objection, it is so ordered. with dignity is an ongoing effort. We Let me be clear. I would prefer Fed- REMEMBERING ED GREELEGS need to work continually with workers, eral action in this space. Retirement Mr. DURBIN. Mr. President, allow retirees, and other stakeholders to security is one of a seemingly dwin- me to take a moment of the Senate’s make sure retirement security is dling number of bipartisan issues we time to say thank you and farewell to achievable, especially as our economy can tackle in Congress, and the con- an exceptional person. changes. Second, they show that this cerns raised by many of the stake- Ed Greelegs was my chief of staff for ongoing work has been and hopefully holders I have worked with in the past 17 years, and he was a wise and trusted will continue to be strongly bipartisan. on retirement reform are understand- friend. I was not unique in that regard. That is why I need to speak in opposi- able. I am concerned that a lack of Ed had thousands of friends. I used to tion to H.J. Res. 66 and H.J. Res. 67. Federal action will lead to a State- marvel while walking through the Cap- These resolutions are an unnecessary level patchwork that will be hard for itol with Ed Greelegs because he knew step backward in our ongoing retire- employers and more mobile workers to everybody, and everybody knew him— ment security work. navigate. I would much rather build on not just the Members of Congress and As my colleagues are aware, H.J. the efforts of the States to create a their staff but cafeteria workers, car- Res. 66 and H.J. Res. 67 eliminate the uniform Federal system under which penters, Capitol Police officers, and ERISA safe harbor that was created by employers would adopt high-quality, certainly Senators, Congressmen, and the Department of Labor for IRA plans well-managed plans. I am also con- their staffs. He was a beloved member that are administered by State and cerned that providing a State-run op- of the Senate community, and what a local governments. We are considering tion could diminish robust competition smart fellow he was. the local government resolution today, with the private sector. During my first 10 years in the Sen- but I want to stress the importance of The point of these State-run pro- ate, when Ed was my chief of staff, he both types of plans. grams is to decrease our coverage gap. The provisions of this safe harbor are was an unfailing source of wise and very similar to an existing safe harbor However, we must not also create a thoughtful advice. Some people are that is already in ERISA that allows race to the bottom whereby employers drawn to Congress because of what employers to establish payroll deduc- opt for a one-size-fits-all minimum and they think are the perks and power tions to IRAs. So long as the State- do not consider other plans that may that come with this job. That is not and municipal-run plans meet the re- be better tailored to their workforces. what attracted Ed Greelegs. quirements of the safe harbor, the busi- This is not, in my view, the case in For Ed, being a good public servant nesses—usually small businesses—that Maryland. was always a privilege. He avoided the offer State-run retirement plans to The answer to these problems is not spotlight. He was there to help people their workers will not inadvertently be H.J. Res. 66 or H.J. Res. 67; it is for and to help move America closer to subject to liability under Federal law. Congress to continue its ongoing bipar- that more perfect Union our Founders The Department of Labor rules were tisan work on retirement security, not dreamed of. meant to provide legal certainty to the to undermine what our States have Fifteen years ago, Ed was diagnosed increasing number of States that have chosen to do to help our mutual con- with early onset Parkinson’s. He and decided, in the absence of any action stituents. This is federalism the way his wife Susan faced that formidable by the Congress, to address the retire- federalism is supposed to work. The challenge the same way they faced ev- ment coverage gap in their commu- States adopt policies and hopefully erything: together, with love, deter- nities. Maryland is one of those States. give us some guidance as to how we can mination, courage, and a good sense of Our State is active. Last year, Repub- develop uniform national policies. humor. lican Governor Larry Hogan signed leg- I am, frankly, surprised that my Re- Sadly, yesterday, Ed’s battle with islation creating a Maryland-run auto- publican colleagues have chosen to Parkinson’s ended, and he passed away matic IRA program. The legislation take up these resolutions. It is hard to at the age of 66. was backed by the Democratic leaders see what the disapproval of the Depart- Parkinson’s disease is a bitter adver- in the general assembly. In fact, it ment of Labor rules achieves other sary. Over the years, it took away Ed’s passed unanimously out of our Senate. than notching the repeal of another sure-footedness. It nearly killed him The reason for this bipartisanship Obama-era rule, but at what cost? twice. In the end, it robbed him of was, in part, in recognition of the To me, the resolutions take a fairly many memories. I can recall speaking stakes. At the time the law went into clear, anti-States’-rights stance, all to to him a few months back, and Susan effect, which was last July, an esti- create potential liability for small em- had warned me that he didn’t have mated 1 million Marylanders worked ployers who will take advantage of the much of a memory, she said, unless you for businesses that did not offer retire- new State laws. Essentially, supporting want to talk about politics. So I called ment savings plans. Without the rule, this resolution means sowing unneces- him, and we talked about politics— the businesses that choose to use the sary legal confusion in an area in even the politics of the day—and Ed Maryland-run option to provide retire- which States have already acted in a was spot on. He always was. But re- ment plans for their workers may face bipartisan way. We can do better. We gardless of the loss of memory, it never legal liability. At the very least, the can work together on this issue. In- took away Ed’s dignity, his kindness, repeal of the safe harbor will slow the stead of focusing on haphazard repeal or his respect for others. entire implementation process. measures, I am confident that we can Ed Greelegs worked for so many I understand that my colleagues who produce thoughtful, substantive, bipar- Members of Congress from Illinois that oppose the Department of Labor rule tisan solutions. I think he became an honorary son of

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.049 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2085 our State. He grew up in Washington, I remember so many times talking to my view, this shouldn’t even be a par- DC, in the suburb of Wheaton, MD, and him about the rights of seniors, and a tisan question. There ought to be bi- graduated from the University of lot of us who thought we knew some- partisan interests in helping these Maryland. thing about the subject didn’t know workers find new opportunities to save. He came to the Capitol as an intern half of what Ed did. This was a guy It ought to be easier than it is today. in 1970. Before he joined my staff, he with a really razor-sharp mind, but he I see my friend and colleague from worked for Congressman Marty Russo had an even bigger heart, and particu- the Finance Committee in the Chair, of Illinois, Congressman Bob Eckhart larly a heart for people without clout and as he knows, we have had countless of Texas on the House Commerce Com- and power. I don’t think it was an acci- committee hearings in the Finance mittee, Congressman Sam Gejdenson of dent that he gravitated to the senior Committee. We have been part of mul- Connecticut, and finally back to Con- Senator from Illinois, I might add as tiple floor debates when I have heard gressman Marty Russo. well. Members on both sides of the aisle talk He also worked briefly for the Con- So I thank my friend for his very gra- about the importance of private sav- sumer Federation of America and for cious remarks about somebody we all ings. Yet here we are in the Senate, Fannie Mae. admired very much. and yet we are looking at an effort on In 1990 I persuaded him to come to Mr. President, I am here this after- the part of the majority at this point work for me as my chief of staff in the noon because from the people who that wants to ram through resolutions House. Six years later, when I went to brought us TrumpCare, which was so that would make it harder to save, not run for the Senate, he was right by my favorable to the fortunate few and the easier. side, and he was there for me 8 years special interests, now comes legisla- So juxtapose what is going on today later when I became whip. tion that is going to make it harder for and then think about all of the com- His quiet, wry sense of humor helped working people and working families mittee hearings in the Finance Com- to lighten the mood when things be- to save for their own retirement. To mittee, in the HELP Committee, where came tense, and his profound compas- kind of put that in context, whenever we hear people talk about private sav- sion and decency reminded all of us of we have a debate about retirement, we ings. We ought to make it easier; we why we were really there. always hear people say: You know, you ought to have smarter policies. Today There were a couple of things that Ed just ought to realize that Social Secu- the U.S. Senate is looking at making it loved more than public service, and one rity, this earned benefit—an earned harder for working families to save. was books. Ed’s desk and his bedside benefit for Americans—you have to re- Here is a little bit of background were always surrounded by mountains alize it is not going to cover every- about this and what it means to my of books. More than reading, Ed loved thing. You have to save privately. You home State of Oregon, and we are look- his family, especially his dear wife have to save for your retirement. And ing at winning the NCAA championship Susan and his stepchildren, Andrew now, what we are seeing is the powerful here in a few days, so there are a lot of and Amanda. special interests—the people with deep things we are talking about in Oregon I have a thousand Ed Greelegs sto- pockets and great political influence— right now. But I wanted to especially ries, but I am going to close with my are talking about restricting the come and talk about another area favorite. The year was 2002. I was on a chance for those typical working fami- where we are leading right now; that codel with then-Majority Leader Tom lies to do the very thing that those is, trying fresh approaches to retire- Daschle to Afghanistan with a handful people usually say is the solution. ment savings. of Senators. We were the first group of They say: No, we can’t have govern- Oregonians want as a State to help Senators to land in Afghanistan after ment programs; you have to save pri- close the gap for the 55 million Ameri- the war broke out in daylight. The se- vately for your retirement. And now cans without an employer-sponsored curity was incredible. This trip to Af- come along those very powerful special plan. After a lot of study and careful ghanistan was the first since the fall of interests, and they want to talk about planning, my home State of Oregon is the Taliban. No one knew who was restricting the ability of working fami- one of a handful of States that have friend or foe on the ground. So when we lies to save privately. passed what has come to be known as landed at Bagram Airfield in Kabul, it So we are now debating the first of an auto-IRA. The actual name of the was really tense. As the back end of two resolutions that would put a huge program is OregonSaves, and it is set the plane ramp went down on to the dark cloud over the new programs with to launch this summer. runway and we were brought off, we individual retirement accounts, called What it means—and the highlight of were surrounded by armored personnel auto-IRA programs, that States like it is this is a voluntary program—is we carriers and men holding rifles. These mine and a handful of cities are seek- are creating a new set of opportunities armored personnel carriers were as far ing to build. for workers to actually save. What it as the eye could see, and the armed Right now, immediately, it is the lo- means in my State is if you are a work- troops as well. cally based programs that are trying to er at one of these businesses, when you As I came down the ramp, a man in promote private savings, giving the get a job, you will get a retirement ac- civilian clothes walked up to me and working-class family the chance to do count, and you will be able to start said: Are you Senator DURBIN? it, and they are the ones who could be saving. I said: Yes, I am. undermined. Of course, depending on Now, I want to emphasize that it is He said: Well, I am a personal friend what happens around here, the State not mandatory. Any worker who wants of Ed Greelegs. programs could be next. to opt out could do so, but it is de- I couldn’t believe it. In the middle of So at this time in American history, signed to be simple and easy to use for a war zone, here was another friend of when we are facing a very large chal- everybody involved. Ed Greelegs. lenge with respect to savings, when a I wish to describe for a moment some On behalf of friends of Ed every- little over half of the workers ap- of my conversations with Oregonians where, I want to say: Thank you, my proaching retirement age have noth- and workers who have been part of friend. You made this Congress and ing—zero—saved in retirement ac- these auto IRAs. They come up at this country better with your caring counts such as individual retirement townhall meetings in every county of and dedication. We will all miss you. accounts or 401(k) plans, these two res- my State—I have had a little over 800 Mr. President, I yield the floor. olutions amount to a game plan that now—and we have discussed savings. The PRESIDING OFFICER. The Sen- would take the savings crisis, which is They come up often, and they say: I ator from Oregon. already bad, and make it worse. have been hearing about these new Mr. WYDEN. Mr. President, before he Around 55 million Americans don’t IRAs, and I am automatically enrolled leaves the floor, let me thank my have access to a retirement plan at in one. friend from Illinois for his very work. More often than not, it is the Then they say: You know, if they thoughtful and warm remarks about employees of small- and medium-sized hadn’t automatically enrolled me in it, somebody who we all admired very businesses who don’t have that job ben- I probably wouldn’t have done it be- much, Ed Greelegs. efit, and it is no fault of their own. In cause there is always an expense in our

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.050 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2086 CONGRESSIONAL RECORD — SENATE March 29, 2017 household, there is always something There are legal issues that date back Justice. I have heard nobody criticize we think we probably should do, and decades that have to be worked the character or temperament of Judge we would say to ourselves: We had bet- through. There is a lot of heavy lifting Gorsuch, whatsoever. In fact, he has ter do that now, and we can come back at the Labor Department to get the only gotten glowing praise about both and talk about saving later. legal roadblocks out of the way. If his integrity, his character, his tem- Those employees have come up and these resolutions pass, it would wipe perament, and the way he treats people said: We probably wouldn’t have done out months and months of work that in his courtroom and throughout his it without this automatic enrollment. has gone into making this kind of life. But, Ron, I am so glad that we have it State- and local-based partnership pos- There is also no disputing that he has because I have seen that this is really sible. enjoyed very broad bipartisan support beneficial, and it in effect has per- This particular issue ought to be a in the past and significantly to this suaded me that I have to take a very no-brainer. Saving in the private econ- day. First of all, there was not a single disciplined approach. I am glad this is omy is the right thing, as I have said, Senator who opposed his confirmation automatic, and I especially like the for a host of reasons. People scrimping to the Tenth Circuit when he was nom- fact that I have the last word on the and saving to set aside money for re- inated and confirmed. subject. In other words, if I feel for one tirement is the key to a healthy retire- President Barack Obama’s Acting So- reason or another I can’t do this auto- ment policy so everybody is in a posi- licitor General, a Democrat, has en- matic savings, there would be an op- tion to have a dignified retirement dorsed Neil Gorsuch for the Supreme portunity for me to opt out. rather than stretching every penny Court. A bipartisan group of attorneys, It is automatic, and it provides this they have, relying just on Social Secu- former colleagues from his law firm, path for people to start saving. It is rity, family members, and food banks classmates of his, and many people cost-effective. It is straightforward for to make ends meet. I believe our people across the political spectrum from both employers. It eliminates a lot of red- want the opportunity to save, and they parties who know this man personally tape and administrative hassle. Most like the idea of this automatic IRA be- have strongly endorsed his candidacy. So as to these very important cri- importantly, it gives the worker the cause it is fair to workers and fair to teria—his intellect, his education, his last word—the right to opt out of this. employers. The Trump administration says it My view is that the Senate ought to knowledge, his experience, his tem- wants to cut redtape that burdens busi- stand up and recognize that by voting perament, his character—everything ness. In my view, this legislation does against these ill-advised resolutions, about this man is really quite extraor- the opposite. It makes it harder for dinary, and that is not even disputed. this is a chance to support the inter- small businesses to provide retirement That is almost universally acknowl- ests of working people who would like savings programs for their workers. edged. One after the other, Oregon employ- to save in the private economy, ahead So what is the attack? What is the ers are raving about the opportunity of special interests. I hope the Senate criticism that we hear about Judge the program represents for them, espe- will do the right thing for those hard- Gorsuch? Well, one is this notion that cially when it comes to recruiting and working people and their families and somehow he is outside the mainstream. retaining top-notch employees and vote these resolutions down. We have heard this from some of our helping those workers build a nest egg. Mr. President, I yield the floor. colleagues who intend not to support I suggest the absence of a quorum. I just gave a little bit of empirical evi- Judge Gorsuch. The PRESIDING OFFICER. The dence from these community meetings One of the things about being a cir- clerk will call the roll. I hold where workers say they particu- cuit court judge is that it is actually The legislative clerk proceeded to larly like what this does. It is almost quite easy to evaluate whether or not a call the roll. circuit court judge is outside the main- like a little bit of a nudge to save and Mr. TOOMEY. Mr. President, I ask stream because, as it happens, appel- build a nest egg. unanimous consent that the order for Judi Randall, the finance director of late court or circuit court judges don’t the quorum call be rescinded. an affordable housing provider in rule alone. They rule in groups. It is The PRESIDING OFFICER (Mr. Roseburg, OR, says it would make a big usually a group of three when they are GARDNER). Without objection, it is so difference for a rural nonprofit organi- hearing a case as a subset of the full ordered. zation like hers to have OregonSaves court, or it is the entire court. Either available to help employees secure NOMINATION OF NEIL GORSUCH way, they are ruling with other judges. their retirement. Mr. TOOMEY. Mr. President, I rise So you can evaluate, for instance, Joy Andersen, another Oregon leader, today to speak in strong support of the how often they are by themselves, how is the administrator at the Asher Com- nomination of Judge Neil Gorsuch as often they are the sole minority dis- munity Health Center in Fossil, OR. I Associate Justice of the U.S. Supreme senting view, because that might be an had my first community meeting in Court. indication of someone who is outside this small town of about 500. Joy has There has been a lot of debate about the mainstream. talked about how important it is to her Judge Gorsuch and his candidacy for It is interesting. In the over 2,700 to have an attractive retirement plan the Supreme Court. Let me first review cases that Neil Gorsuch has decided on, to recruit employees to come work in some of the things that really have not in 99 percent of those cases, he was in Fossil in eastern Oregon. been debated. One is the intellect and the majority. In 97 percent of the cases, Kevin Max runs Statehood Media in the education and the knowledge of it was unanimous. How could that pos- Bend, a small company with big aspira- this man. It is really extraordinary. sibly be outside of the mainstream? tions. He notes that there is no better Judge Gorsuch attended Columbia That is not a valid argument at all. State in the country than Oregon when University as an undergrad, Harvard As to the people who are trying to it comes to employee recruitment. He Law School, and he went on to Oxford manufacture some opposition to Judge says that OregonSaves gives companies for postgraduate work. Gorsuch, what they are doing is they like his another leg up with an even Nobody disputes the intellect, the are cherry-picking a handful of the better package of benefits. education, and the knowledge that this over 2,700 cases in which he has partici- I believe it defies logic that in light man brings to this job. Nobody dis- pated in, and they try to find a handful of all of these positive returns from putes his experience and qualifications, in which Judge Gorsuch did not rule in employers and from workers, that the either. How could they? He has spent 10 favor of litigants that our Democratic Congress would want to stamp out a years on the Tenth Circuit Court of Ap- colleagues believe are politically sym- program like OregonSaves which has so peals, the second highest level of pathetic. That is what their argument much potential, but the resolution courts in our American system. There has come down to. going after State initiatives—and there is no question that Neil Gorsuch has The Democratic minority leader has are two—would pose that kind of the experience and the qualifications. been down on the floor for a speech, threat. Character and temperament are ex- and I will quote from his speech. He My view is that these are not easy tremely important—actually, essen- said: ‘‘I saw a judge who repeatedly de- programs for States or cities to set up. tial—characteristics for a judge or a cided with insurance companies that

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.052 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2087 wanted to deny disability benefits to to the American people to change laws as originalism. The opponents’ view, employees.’’ or to change the Constitution, if the especially with respect to the Constitu- The Democratic leader goes on to American people see fit. It is up to tion—they believe the Constitution is a say: ‘‘I saw a judge who, in unemploy- judges to impartially apply the law and living document, meaning changes over ment discrimination, sided with em- the Constitution, as it is written, and time, in their view. I would suggest ployers the great majority of the that is an important thing here. Both that this is the fundamental choice be- time.’’ of these are important. tween the rule of law in the former Here is another quote: ‘‘Time and Under our view of the world, a judge case and the rule by judges in the lat- time again, his rulings favor the al- is supposed to see everyone the same ter case. ready powerful over ordinary Ameri- regardless of race, sex, wealth, polit- Justice Scalia once said: ‘‘Every tin cans.’’ ical affiliation, or other characteris- horn dictator in the world today, every The Democratic leader went on to tics. A judge is obligated to neutrally president for life, has a Bill of Rights.’’ marvel: ‘‘Judge Gorsuch ruled against apply the law. Whether you are a man The Bill of Rights only protects us if it a teacher.’’ ‘‘Judge Gorsuch ruled or a woman, young or old, rich or poor, is enforced and if it is enforced consist- against a truck driver.’’ Black or White, that is not supposed to ently and equally for everyone who is Now, even if you set aside the fact matter to a judge. There is a reason involved. How much protection does that the facts in these cases have been our symbol of justice, Lady Justice, is our Bill of Rights provide if, as Chief wildly distorted in the retelling that I depicted wearing a blindfold—it is be- Justice Hughes stated in 1907, ‘‘the have heard, and if you set aside the cause as a judge you are not supposed Constitution is what the judges say it fact that even in those very cases in to decide based on these characteristics is’’? Well, as Justice Scalia observed, which Judge Gorsuch has ruled, often of a person; you are supposed to decide once the original meaning of the Con- he has ruled with the Democratic based on what the law says. This is fun- stitution can be set aside and judges judges who enjoy the support of our damental to an independent judiciary, can rewrite it, then they can rewrite Democratic colleagues, and even if you to a nation that lives by the rule of and limit individual liberty or any ignore the fact that in many of these law. other of the rights that are so funda- cases he was bound by precedent—he But the other view, the critics’ mental to the nature of our country. had no choice—you could also ignore view—they constantly go back not to Let me give an example that makes all the many other cases in which the law or the application of the law this very specific. There is a case that Judge Gorsuch ruled in favor of work- but to how sympathetic the litigants came before the Supreme Court not ers and unions and people who allege are. That is what matters most to very long ago called the Kelo decision. sexual harassment, environmentalists, them. That is an implicit rejection of The Fifth Amendment states very immigrants, and other sympathetic the notion that everyone is equal be- clearly that the government cannot litigants. The minority leader put all fore the law. Instead, in that world take private property unless it is ‘‘for that aside. I think we have to ask a view, some are more equal than others public use.’’ That is what it says in the fundamental question: What is missing and the law means whatever a judge Constitution. Look it up. Well, in the in this critique of Judge Gorsuch’s de- thinks it should mean, and that is Kelo case, five Supreme Court Justices cisions? What I find striking is that based significantly on whom the liti- decided that public use can mean pri- what is missing is any reference to the gants are. vate use. The word ‘‘public’’ can mean law. I don’t hear them mention the The same applies to the Constitution, ‘‘private.’’ Specifically in this case, law. I have not heard any of our Demo- in their world view, that of those who what they said was that the govern- cratic colleagues, who intend to oppose are opposing Judge Gorsuch. The Con- ment can come along and take an indi- Judge Gorsuch, say that he ignored the stitution can’t really mean exactly vidual’s home and give it to a private law or that he violated the law or that what it says—that can be very incon- company—in this case, to use as a he misapplied the law or that he mis- venient—and so what the Supreme parking lot for a private venture. This understood the law. I don’t hear any- Court is supposed to be, in the minds of is blatantly unconstitutional. It is thing of the sort. our friends who are opposing Judge very, very clear. Yet that is what hap- Now, why do you suppose that is? I Gorsuch, the Supreme Court is really a pened when five Justices decided they think I know why that is. I think be- permanently sitting constitutional could just rewrite the Constitution as cause to many of the people who are convention. Make up the Constitution they prefer it. threatening to oppose Neil Gorsuch, as it goes along. Decide what it means Here is the thing about this: Even if the law isn’t what really matters the today as opposed to what it meant yes- you believe it is a good idea to be able most. What really matters the most is terday or what it might mean tomor- to take someone’s house and give it to that politically favored special inter- row. The judges are supposed to be another private developer because he ests or someone that they think the acutely sensitive to the race, wealth, has a better use for it than the home- public will be sympathetic to has to political affiliation of the people who owner, if you think that is a good win regardless of the law. They want a come before them, and those criteria idea—I don’t happen to think that is a policy outcome and one that would matter a great deal. good idea, but you might. If you do, we benefit their perceived preferred liti- In fact, you have to ask yourself, if have a mechanism for making that pol- gants, rather than the law. that is the way you view the world, icy permissible. You change the Con- Here is what I think. I really think why even bother having a trial? Why stitution. You amend the Constitution. there are two unpardonable offenses in not have a checklist and see whether You can strike that word or insert an- the minds of our friends and colleagues the litigants come down on the politi- other clause. There are any number of who are opposing Neil Gorsuch’s nomi- cally sympathetic side of the ledger, ways you can change that. nation. The first is that Judge Gorsuch and once you know that, you can de- But here is what is so important: believes in the rule of law. I know he cide? Why bother with the hassles or a Under our constitutional system, the does. It is very, very clear. To some de- trial or a case? only people who get to change the Con- gree, there is a fundamental debate I would suggest that this approach to stitution are the American people. going on here between those who sup- the law—the law that depends on the They do it through their elected rep- port his candidacy and those who op- race, ethnicity, or any other criteria of resentatives in the Congress and in the pose it, and it is fundamentally about the litigants—such a law is not a law State legislatures, but they are the the role of judges in the U.S. constitu- at all. That is how a banana republic sovereigns. It is the American people tional system. imposes the law; that is not how Amer- who get to make these decisions, who One view, the view that I have—and I ica views the law. determine policy, not five unelected believe the one that Judge Gorsuch So my view, as I stated earlier, that guys wearing black robes, because shares—is that the law totally matters. the law means exactly what it says and when they get to make that policy, What the law says matters, and that nothing other than what it says—and they are not accountable to anyone. includes the Constitution. The words that also applies to the Constitution— They can’t be fired. The Presiding Offi- matter. And not only that, but it is up that is a view which is often described cer and I can be fired. If we are not

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.053 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2088 CONGRESSIONAL RECORD — SENATE March 29, 2017 doing the job our constituents want us The minority leader made an argu- Let me conclude with this: The case to do, we will be fired. That is how we ment that is absolutely laughable. He for confirming Judge Gorsuch was are held accountable. Our constituents suggested that because President summed up pretty well by the editorial can replace us with people who will re- Obama’s nominees got 60 votes, well, board of the Chicago Tribune—again, flect the policies they want. That is then President Trump’s should. What not exactly the RNC’s mouthpiece—in why we are the policymakers under our is laughable about that is the reason endorsing Neil Gorsuch. They said: constitutional system. President Obama’s nominees got 60 Here is a judge who knows the law and I believe Neil Gorsuch completely un- votes is because Republicans gave them knows the role of the judiciary: He isn’t on derstands this. It is one of the reasons those votes. I was running for the Sen- the bench to make law, he’s there to inter- our friends on the other side of the ate at the time that Sonia Sotomayor pret it faithfully, because the separation of aisle can’t bring themselves to support was nominated, and I pointed out that powers among the branches of government there was a lot I disagreed about with serves our democracy. Sometimes the result him. benefits liberal positions, sometimes con- I think there were two unpardonable her. I am sure I will not be happy with servative. . . . Some of Gorsuch’s critics sins that Neil Gorsuch has committed. many of her decisions. But here we are think judges should be creative and expan- I just mentioned the first. I think the in the President’s new term—relatively sive depending on the political climate—to second one was that he was nominated early—and this is a qualified, capable treat laws differently on a cold night than a by Donald Trump. We have folks in person. I am not going to obstruct. I warm one. Those critics suggest that they this Chamber who don’t seem to be voted to confirm her, and a number of fear Gorsuch won’t follow the law, but the Republicans did join the Democrats, opposite is more true: They fear he will. able to accept that they lost an elec- Gorsuch should be confirmed. tion, and they are reflexively opposing and President Obama got Justice If our Democratic colleagues aren’t whatever it is President Trump wants, Sotomayor and Justice Kagan con- willing to confirm Neil Gorsuch to the and apparently they intend for that op- firmed to the bench. Supreme Court, then there is no one position to continue indefinitely. The minority leader has suggested they are going to vote to confirm to In a public interview, the minority that there is this tradition of 60 votes. the Supreme Court. And we cannot leader was quoted as saying: ‘‘It is hard Well, you don’t have to take my word allow a Democratic minority to block for me to imagine a nominee that Don- for it; the Washington Post Fact an up-or-down vote and deny filling a ald Trump would choose that would get Checker—not exactly the mouthpiece vacancy on the Supreme Court for 4 or Republican support that we could sup- of the Republican Party—did their 8 years. We simply can’t allow that to port.’’ fact-checking analysis, and they said it was absolutely false. They gave him happen, and I trust that we won’t. He was asked a follow-up question: I suggest the absence of a quorum. ‘‘So will you do your best to hold the three Pinocchios. It is also one of the many ironies of The PRESIDING OFFICER. The seat open?’’ clerk will call the roll. The Democratic minority leader re- this that the very same Democrats who insist that we should allow them to The bill clerk proceeded to call the plied: ‘‘Absolutely.’’ roll. Hold the seat open for 4 years or permanently block any Supreme Court nominee because they won’t provide Mr. MURPHY. Mr. President, I ask maybe 8 years? This is outrageous, and unanimous consent that the order for it is unprecedented. the votes to get to 60 are the ones who actually did break the Senate tradition the quorum call be rescinded. If the minority leader were to get his The PRESIDING OFFICER. Without way, for the first time in the history of and establish a 50-vote threshold when they wanted to pack the DC Circuit objection, it is so ordered. the Republic, we would have a Supreme Mr. MURPHY. Mr. President, I have Court of Appeals back in 2013. Now Court nominee defeated by a partisan a great deal of respect for my friend they suggest that if we use the same filibuster. Let me stress this. This has from Pennsylvania, as we have worked tactic they used—although we are never happened before in the history of together on a number of issues, but for- doing it for a different reason—that the country. How many times have we give me if my blood boils when I hear this would be an abomination, that the nominated and confirmed Supreme my Republican friends talk about Democrats would never do this. Well, Court Justices? Never once have we breaking precedent in this body when actually, they did in 2013. But as for had a partisan filibuster used to block it comes to the consideration of Su- the circumstances we face now, there is the consideration of a nominee. We preme Court nominees. Forgive me if I no mystery about what they would have had people withdraw. We have had get a little angry when I hear those on have done because they told us just 12 people who were voted down. the other side of the aisle talk about days before the election. The case of Abe Fortas was an un- Our Senator TIM KAINE, the Demo- Democrats’ using exceptional meas- usual case where there was a bipartisan cratic nominee for Vice President, was ures, in their opinion, in order to op- filibuster because there was a percep- asked: ‘‘What happens if,’’ as everyone pose a Justice for the Supreme Court. tion of ethics problems, and he, in fact, expected at the time, ‘‘Hillary Clinton Come on. Everybody knows what hap- had to resign as an Associate Justice. becomes President and the Democrats pened here last year. The Republican The bipartisan filibuster was used take control of the Senate, if Repub- majority decided to deny the President when there was an attempt by Presi- licans were to filibuster a Supreme of the United States—at the time, dent Johnson to elevate him to Chief Court nominee? What would you do?’’ Barack Obama—the ability under the Justice. That is not the precedent. I will quote Senator KAINE. He said: U.S. Constitution to nominate a Jus- There is no precedent. ‘‘We will change the Senate rules to tice to the Supreme Court, not because Take the case of Clarence Thomas. In uphold the law, that the court will be of anything having to do with the mer- my lifetime, I am pretty sure Clarence nine members.’’ its of the nominee, Merrick Garland, Thomas was the most controversial Here is the truth: If the election had but simply because the President was a nominee we have ever had. It was a gone differently, if Hillary Clinton had Democrat. Everybody knows that is brutal, very difficult, very contentious, won and if Democrats were in control what happened. Everyone knows that really ugly process—the hearings, the of the Senate, then Republicans would precedent was broken and that comity nomination process, the confirmation have probably provided the votes for a was broken here in the Senate when process. In the end, Clarence Thomas competent, capable, qualified Supreme the Republican majority decided not was confirmed with 52 votes. Any Sen- Court nominee, just as Republicans did just to deny a vote on this floor but not ator in the body could have insisted on for Elena Kagan and Sonia Sotomayor. to even give the courtesy of a meeting, a 60-vote threshold if it was there, but That is what history has shown. Unfor- of a hearing to Merrick Garland despite nobody did. No Senator did because the tunately, our Democratic colleagues at the fact that he was unquestionably custom has been that Supreme Court this point seem unwilling—or at least qualified for that position. Justices get confirmed if they have a some of them are—to provide the same It is a fiction to suggest that there is majority of support. So what the mi- bipartisan cooperation to a new Presi- some strategy amongst Democrats on nority leader wants to do is completely dent attempting to fill a vacancy that this nomination. We are all making up departing from that and establishing a Republicans provided to President our minds individually. I decided yes- new threshold. Obama. terday that I was not going to support

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.054 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2089 Judge Gorsuch because I think he is It stands to reason that State legisla- not make the same fees on these plans likely going to side on behalf of cor- tures would step in and say: OK, for as it would if the plans were offered porations and special interests instead employers who are not offering plans, through the employer, but, frankly, of my constituents and bring his poli- we are going to give employees the these hundreds of thousands of people tics to the bench in a way that I do not ability to set aside a small portion of in my State are not going to be the re- think squares with the people whom I their earnings in a privately run plan tirement companies’ customers with- represent. Yes, I am going to use my that is sponsored through the State out this innovation. It is not like these ability to vote on the floor of the Sen- governments. State-backed plans are stealing busi- ate in order to stop his nomination. If the employer is not going to do it, ness from the private retirement plans. I understand Republicans may not be then there is really no one else other They were never going to be customers happy about my decision and the deci- than the State governments. In a hand- without their ability to put aside a lit- sions of others on this side of the aisle, ful of occasions, the States of decided tle bit of money. but let’s have a discussion about the to step in and offer this option to em- We have a retirement crisis in this merits of Judge Gorsuch, not the ques- ployees. country right now, and this is an inno- tion of which side is breaking prece- By the way, as far as I understand, it vative way to solve it. I know this is dent because everybody remembers is not traditionally a State-run plan; it not yet scheduled for a vote, a Congres- what happened to Merrick Garland. No- is a privately run plan. It is just that sional Review Act vote that would take body has forgotten that. This is not the State is acting as the conduit to away the ability of States to offer some quid pro quo, this is not some tit get employees linked with private these plans in a meaningful way, and I for tat, but to come down and pretend plans and to allow for a small portion really hope we think twice about it. It as if 2016 did not happen. of their paychecks to be set aside. Em- sort of feels like we are just inventing Mr. President, I would like to speak ployees are 15 times more likely to CRAs to bring before the Senate and for a moment about a potential CRA— save if they have access to that payroll the House. We are kind of scraping the another CRA—that is perhaps coming deduction. bottom of the barrel, and this one just to the floor this week or next week. It This is a pretty run-of-the-mill, typ- does not make sense. This does not is one that would take away the ability ical State intervention in order to try make sense. of States to try to do something about to solve a problem that is real for Let States that want to pass this in- the retirement crisis that is enveloping State legislators. So it is a mystery to novation, that want to give their con- this country. me as to why we would try to take that stituents, their citizens the ability to I speak as one of the youngest Mem- ability away from States. save through payroll deductions, bers of this Chamber, and it scares me What we are doing is taking away an through payroll withholding, the abil- to death to think that half of Ameri- ERISA exemption for States relative to ity to do that. Do not do the bidding of cans who are in their working years these plans. Why that is important is the big retirement providers, who may have no money saved for retirement that ERISA is all about the employer- think they are going to make more today before a qualification for Social employee relationship. There are im- money if the CRA passes, but in reality Security or Medicare. Even worse, a portant responsibilities that flow from study that I looked at the other day employers to employees when they are these folks were probably never their suggested that 58 percent of Americans engaging in a retirement plan that is customers. Let States move forward who are working have not even done offered through the workplace. But the with this innovation. Let the people of the calculations as to how much money State is not the employer of this indi- Connecticut and California see how it they will need in order to retire. vidual; the State is simply acting as a works so that maybe other States can There is a retirement crisis in this conduit to get that employee into a learn from our experience. I hope we can come to some agree- country, and you can understand why, private sector plan. So the ERISA rules as wages have been essentially flat for simply do not work. They are a mis- ment to leave this innovation alone tens of millions of Americans and em- match for this State innovation. The and move on to some other important ployers have largely left the space of Federal Government, through regula- issue here and not risk doing some- defined benefit plans. And there is just tion, has recognized that. thing that is, frankly, going to exacer- no money to save when you have to Importantly, in my State of Con- bate the retirement crisis that exists cobble together your paycheck to meet necticut, which does have one of these in this country. Republicans and your budget every week and when your plans, we provide ERISA-like protec- Democrats should be trying to work to- employer is not putting in the kind of tions, so the protections you get in gether on this question of giving people plan he used to and the kind of con- ERISA, you get through this State in- more access to retirement plans. tribution he used to. So you can under- novation. It is just that the way in For all of the things that we fight stand why Americans are in this posi- which the Federal Government nor- over, whether it be the healthcare law tion. mally requires it does not make sense or whether it be a tax cut bill or a State governments—those labora- because the State in this case is just budget, this just seems like one of tories of experiments that I hear a lot the conduit, not the employer. these issues in which we should set this of my friends talk about—have come This sort of seems like a pretty run- CRA aside with respect to State inno- up with an idea. There are 55 million of-the-mill exercise of State innovative vations and try to find a way to find working Americans who do not have a power, a fairly run-of-the-mill exercise some common ground. I hope that is way to save for retirement out of their of Federal regulatory authority to where we will head. It would really regular paychecks, meaning their em- allow for this innovation to happen, matter to my constituents in Con- ployers are not offering them any way and it is hard to understand why we are necticut, who are expecting to receive to set aside a portion of their incomes taking it away, why we are taking this the benefit of this newfound access to in order to save. ability away from 600,000 Connecticut retirement. So that is one number—55 million residents who, frankly, will not have I yield the floor. Americans. Here is another: In my access to easy retirement savings with- The PRESIDING OFFICER. The Sen- State, 44 percent of workers do not out it. ator from Tennessee. have access to retirement plans We have known that set-asides in NOMINATION OF NEIL GORSUCH through their employers. That is about your paycheck work. That is why we Mr. ALEXANDER. Mr. President, I 600,000 people in Connecticut. Half of have provided incentives for employers notice my distinguished friend was in- my State does not have access, when to do it. But not every employer does dignant over the Supreme Court de- they show up to work, to retirement it. Why? Because if you are a small em- bate. I think each of us has a right to savings plans through their employers. ployer, it just may not make sense ad- have his own opinion. Here is mine. Yet we know that employees who have ministratively to establish one of these There is such a thing called the access to a payroll deduction are 15 plans. So States have decided to offer Thurmond-Leahy rule. It has been in times more likely to save for retire- it themselves. place for a while. I think it reads that ment—not twice as likely, not 5 times I know that the retirement industry after June of a Presidential election as likely, but 15 times more likely. may not love this idea because it might year, the Senate will not confirm a

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.056 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2090 CONGRESSIONAL RECORD — SENATE March 29, 2017 President’s nominees. That is a bipar- John King. I respect him greatly, but I soundly defeated the so-called tisan rule that has been enforced by have differences with him. TrumpCare bill, RyanCare, whatever the Senate for several years. Senator So I got him confirmed as chair- you want to call it, but many of us MCCONNELL moved it up three months, man—I don’t want to say it that way. have called for more competition in from June to March—that is true— I asked the President to do it, as chair- the exchanges through things like a even though Democratic leaders said man of the committee. I saw that he public option. Also, I think all of us that is exactly what they would have had a prompt confirmation, and then I can agree that we need to reduce the done if the shoe had been on the other made sure he had enough votes to be skyrocketing costs of prescription foot. confirmed—not by much. When it came drugs, and I think there are other Democrats are saying that as a result to cloture, I may have even voted for things we can do. I welcome that dis- of that—the 3-month change—which is him when it came to it, just because I cussion. what they said they would have done thought the President deserved to have Mr. President, I am here now to talk anyway, they are going to do some- his own appointment. about something else that is currently thing that has never been done before: Then there was Attorney General being done to help millions of Ameri- They are going to deny a Supreme Lynch. Cloture was invoked with only cans save for their retirement, to pro- Court Justice a nomination by not al- 66 votes. I voted to end debate and have vide for a secure retirement. I know all lowing a majority vote. That has never a vote on her. of us have been involved over the years happened in 230 years. Our nominations Secretary of Defense Chuck Hagel— in debates about how we can strength- have always been decided by a majority there was opposition to him. I voted no en our retirement security program for vote. There was a little incident in 1968 there on confirmation, but I voted to all Americans. We really have a three- with Abe Fortas when President John- make sure that there was a vote. I legged stool here. One is Social Secu- son sought to elevate him to Chief Jus- voted for cloture. rity. That is a bedrock of our retire- tice, but that has been the tradition in For two National Labor Relations ment system. We need to make sure the Senate. We have always approved Board members and a National Labor that we strengthen it, and we need to Presidential nominees by a majority Relations Board General Counsel, clo- make sure that it is there for all future vote, and we have always approved ture was invoked by 64, 65, and 62 generations. Second, many Americans have the Cabinet members by a majority vote, votes—very close. I voted against all opportunity to have a retirement plan even controversial ones. We have never three of them for confirmation, just as through their employer where their required them to get 60 votes—ever— I did Secretary Perez, because I dis- employer guarantees them a certain and the same with Federal district agreed with them so much. But I defined benefit, a certain income judges. And the same was true with thought that we ought to respect the fact that we confirm Presidential ap- stream when they retire. Federal circuit judges until the Demo- And the third leg of this stool has crats started using the filibuster to re- pointees by 51 votes. There are three or four others, but I been Americans’ private savings, and quire 60 votes, as has been well docu- we want to encourage more Americans want to mention only one more specifi- mented here. So I think people need to to put aside those funds so that they cally: District Court Judge John know the facts. can care for themselves and their fami- McConnell, Jr., from Rhode Island. What the Democrats are proposing to lies when they are no longer working. do next week—quite apart from the There was an effort on this side of the That is what brings me to the floor fact that Judge Gorsuch is one of the aisle to deny him a cloture vote. I re- today. Many big employers—including, most eminently qualified people we sisted that. I talked to some other Re- I should say, the U.S. Senate and the have seen come around in a long time— publicans. I voted for him for cloture. U.S. House of Representatives, and the flies in the face of 230 years of tradition He got it 63 to 33. Then I voted against government—provide their employees in the Senate by insisting that a Presi- him for judge. with things like 401(k) plans. These are dential nominee to the Supreme Court The importance of that was if he had ways that people can put aside some of requires more than 51 votes to be con- had his nomination blocked by the clo- their income as they earn it, but put it firmed. ture vote, he would have been the first aside tax-free for their retirement. And I looked very quickly back at my Federal istrict judge in the history of many millions of Americans—again, own votes. None of us are perfect, and the court to not have been allowed to especially those who work for large I am not asking for any merit badges, have an up-or-down vote, majority employers—have that benefit. But if but I wonder where the Democrats are vote. So I resisted that in that in- you work for a smaller employer or who are trying to do at least what I stance. I resisted that for Perez. I may even a midsized employer, there is a was trying to do when President have been the deciding vote; there were very good chance that you do not have Obama was there. I found at least 10 only 60 votes. easy access to those 401(k) plans, to times that I voted for cloture—voted to While I said I am not looking for those retirement vehicles that are so cut off debate—on controversial nomi- merit badges, where are the Democrats essential to saving for retirement. In nees with whom I disagreed, and then I who are willing to vote like that—to fact, there are about 55 million Ameri- voted against them when the vote was preserve the Senate’s 230-year tradition cans, according to studies by both the 51. of approving Presidential nominees by AARP as well as the Brookings Institu- With Secretary of Labor Perez, clo- a majority vote? I think this is a ter- tion—about 55 million of our fellow ture was invoked 60 to 40. If I had voted rible precedent, not justified, and I am Americans who do not have access to no, that would have denied him his sorry to see things heading in this di- those 401(k) vehicles and other kinds of Cabinet position. He is now the chair- rection. savings vehicles through their employ- man of the Democratic National Com- Now I wish to make some remarks on ers. mittee. I cannot think of any Cabinet another matter. So in response to this problem, a member I disagreed more with, other (The remarks of Mr. ALEXANDER per- number of States—five States, to be than perhaps the one I am about to taining to the introduction of S. 761 are specific so far, including the State of mention next, but I thought the Presi- printed in today’s RECORD under Maryland—and some municipalities dent deserved to have his own nominee, ‘‘Statements on Introduced Bills and have come up with creative solutions and I thought we ought to respect the Joint Resolutions.’’) that allow small- and medium-sized tradition of never having denied a Cab- The PRESIDING OFFICER. The Sen- employers—those who are not cur- inet member a position because of a 60- ator from Maryland. rently offering those retirement vehi- vote requirement. HEALTHCARE cles directly—these State plans allow Another one was John King, the Edu- Mr. VAN HOLLEN. Mr. President, I their employees to put aside a little cation Secretary. I asked President was just listening to my friend, the money for their retirement and get the Obama to appoint him or somebody of Senator from Tennessee, and I think same tax-preferred benefits as people his choosing. I thought we needed an there are things we can do to improve who work for big companies. Education Secretary for a year even the healthcare system and the Afford- The reason small and medium-sized though I have great differences with able Care Act. I am glad that the House companies don’t always provide the

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.057 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2091 same retirement savings accounts as and wherewithal to take that upon strengthen Social Security, and I will big companies is that it can impose a themselves, but they want their em- fight for that every day that I am here burden and costs on those small em- ployees to benefit from these vehicles. in the Senate. But a modern, com- ployers. So States have developed these So they have worked with States and prehensive retirement policy must be other creative platforms to do it. municipalities to allow it to happen. more than just a safety net. It must be In my State of Maryland, this was an Why would we ever want to pull the a ladder to prosperity. A ladder pro- incredibly bipartisan process. Repub- plug on that and deny our fellow Amer- vides a sturdy frame to help people lican State legislators and Democratic icans those opportunities to save for climb and reach new heights, if they State legislators came together and their future? are willing to put forth the effort. put together this State plan. The Re- I can’t figure out for the life of me Unfortunately, far too many Ameri- publican Governor of Maryland, Gov- how this somehow became a partisan cans lack access to private savings ernor Hogan, signed the legislation. issue here in the Congress. It wasn’t plans. Traditional defined-benefit Today, about 1 million Marylanders— partisan in the State of Maryland. Ev- plans—the pensions our parents and including a lot of young people who erybody got together and worked this their parents relied on—are now pro- work for startups and other small busi- out. Everyone agreed this was good for viding historically low rates. Now, nesses that don’t have the wherewithal the people of Maryland. more than ever, expanded access to de- to provide these retirement savings So I ask our colleagues here to look fined-contribution workplace retire- platform—are benefiting by platforms at this as an opportunity to help en- ment accounts is critical to our Na- which have been created to put money courage activities in our States that tion’s economic future. Solving the re- aside for their retirement. People are allow people to take the personal re- tirement crisis is a complicated puzzle, taking personal responsibility for their sponsibility for their future that we but one of the most important pieces is retirement. People who didn’t have are asking them to do. I ask all of our access. that opportunity before through their colleagues, really, to take a close look Ninety percent of Americans with ac- employers now have this vehicle to do at this and to try to figure out why it cess to a workplace plan report saving it. It doesn’t cost the Federal Govern- is a bad idea to encourage States and for retirement, while just 20 percent of ment one penny. Taxpayers at the Fed- municipalities, working with local em- those without access to a plan say they eral level don’t have to put anything in ployers—both small and medium-sized have saved. Although this difference it. It is relatively low cost for the employers—to do what we have done in should be as clear as night and day to States and municipalities as well. They Maryland, what other States are doing, everybody, only about half of private have to just create a platform, and and what States can do going forward sector workers have access to a 401(k) they have people from across their if we don’t come down and slam the retirement plan. This leaves nearly 60 States or municipalities benefiting brakes on this innovative idea to help million Americans without access to a from them. more Americans put aside money for workplace plan. Make no mistake, the In order for States to do that, they their retirement. numbers are clear. Workers without ac- needed one small change in Federal Thank you, Mr. President. cess are disproportionately low-income law. Under the administration of Presi- The PRESIDING OFFICER (Mr. LEE). and minority workers. dent Obama, the Department of Labor The Senator from Michigan. In an effort to address this sweeping made this fix to the Federal law which Mr. PETERS. Mr. President, Michi- problem, States and municipalities allowed these States and municipali- gan is a State that builds things. We have begun work to create their own ties to develop these platforms that invented the auto industry and created programs to support retirement sav- helped millions of Americans benefit a new era of manufacturing. My State ings programs for workers. Recognizing from these tax savings accounts—just saw the American labor movement that States are truly the laboratories like, I would point out, every Senator grow and fight to deliver the 40-hour of democracy, the Obama administra- in this body has access to those kind of workweek and safe workplace condi- tion’s Department of Labor put forth savings accounts. tions. In Michigan, we work hard, and policies providing safe harbors to So I have a very simple question: after a lifetime of hard work, we expect States moving forward with these inno- Why in the world is it somehow a pri- to be able to retire with dignity. vative programs. ority for this Senate to take away the The American dream can mean dif- Today, instead of working on a bipar- access States have given to their resi- ferent things to different people, but I tisan infrastructure package or legisla- dents and deny them that opportunity believe there are some universal ele- tion to support American workers and to take personal responsibility to put ments. We all want our children to small businesses, we are debating the aside funds—tax-preferred funds—in prosper and see more opportunity than use of a fast-track procedure to undo these savings accounts to plan for their we have had. While we all need to have these new policies and make it harder future? Why would we come down and a secure retirement, we dream of pass- for cities and States to help tackle the say we are not going to allow this to ing on to the next generation—whether retirement savings gap. If a State or happen anymore? I thought this was it is a small business or a family farm, city has a good idea that is helping the kind of experimentation we want a home with the mortgage paid off, or Americans—all Americans—save for re- to see at the State level and this is the a nest egg that has been built up over tirement, I think that is great. Why kind of savings that we want people to many decades. I fear this piece of the are we blocking States from creating do to take responsibility for their own American dream—the ability to enjoy innovative solutions? We should allow retirement. Yet here we are about to a comfortable retirement on the these programs to move forward so we come down with a big foot and say: No, strength of your lifetime earnings—is can help workers responsibly save their you can’t do that. slipping further and further away for hard-earned money. We should also I am trying to figure out who is op- increasing numbers of Americans. allow these programs to move forward posing this. I have been looking in my The measures we are considering this to see what actually works. The Fed- office for letters from people who are week, which would repeal the Depart- eral Government certainly does not actually going to take responsibility ment of Labor’s safe harbor for States have a monopoly on good ideas, and for coming forward to say they want to and municipalities developing retire- States and cities cannot be the labora- deny this opportunity to save for mil- ment plans, would be a step backwards. tories of democracy if we tie their lions of Americans—an opportunity Generations ago, Congress heard the hands. We need big ideas, we need that every Senator here has. It is easy American people and agreed that it was small ideas, and, frankly, we need good for us. We are part of a big employer, simply unacceptable for retired and el- ideas so we can get to work with what the U.S. Government. We have 401(k) derly Americans to live in poverty. The we need to do to solve this incredibly accounts, and so do people who work solution that followed was Social Secu- difficult problem. for big corporations. We need to extend rity, perhaps the most effective anti- A secure retirement cannot become a that same opportunity to people who poverty program ever created. relic of the past. But this foundational work for small employers and midsized Today, we must meet that challenge piece of the American dream will only employers that don’t have the capacity once again. We must preserve and be true for this generation of workers

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.060 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2092 CONGRESSIONAL RECORD — SENATE March 29, 2017 if we start working on these solutions considering proposals. The efforts of ing, and they will be ready to fight now. As our Nation wrestles with grow- just those 7 States could expand cov- back. ing income inequality, we cannot erage to 15 of the 55 million Americans I yield the floor. weaken our ladders to prosperity and who don’t currently have an employer- I suggest the absence of a quorum. pull out the rungs that help hard- sponsored retirement account. The PRESIDING OFFICER. The working families take the next steps In addition to these State efforts, clerk will call the roll. upward. Solving the retirement crisis three cities are actively considering The assistant bill clerk proceeded to is about empowering workers to do the proposals to curb the retirement sav- call the roll. right thing for their families and for ings gap, potentially covering another Mr. CASEY. Mr. President, I ask their future, and repealing these De- 2 million Americans. Extending cov- unanimous consent that the order for partment of Labor safe harbors will erage to 17 million Americans would go the quorum call be rescinded. only move us in the wrong direction. a long way toward starting to chip The PRESIDING OFFICER. Without I urge my colleagues to oppose these away at the retirement crisis in this objection, it is so ordered. resolutions of disapproval. country. Mr. CASEY. Mr. President, I ask I suggest the absence of a quorum. Today, among working families on unanimous consent that I be permitted The PRESIDING OFFICER. The the verge of retirement, about one- to speak as in morning business. clerk will call the roll. third have no retirement savings of The PRESIDING OFFICER. Without The assistant bill clerk proceeded to any kind, and another one-third have objection, it is so ordered. call the roll. total savings that are less than 1 year’s RUSSIA AND TRUMP CAMPAIGN INVESTIGATION Ms. WARREN. Mr. President, I ask income. This is a real problem, and Mr. CASEY. Mr. President, I rise to unanimous consent that the order for Senate Republicans should be working express my grave concern about Rus- the quorum call be rescinded. hard to come up with solutions to fix sian aggression and interference in our The PRESIDING OFFICER. Without it. But if they don’t have any ideas of political system. My concerns have objection, it is so ordered. their own, the least they can do is step been compounded over the last several Ms. WARREN. Mr. President, Repub- aside and let the hard-working Gov- weeks by the response to these allega- licans are in charge of the Senate, and ernors, mayors, State treasurers, city tions by President Trump and his ad- so far they haven’t put up for a vote in councils, and State legislatures con- ministration. this Congress a single piece of original tinue their important efforts to try to First, let’s step back for a moment. legislation to help working families— solve our retirement crisis. We know that the Russian Federation not one. They haven’t fixed a single Every single time the Senate has is an adversary of the United States. piece of our crumbling infrastructure. come to the floor of this Congress to That is without question. Vladimir They haven’t put Americans back to overturn an Obama administration Putin is what I would like to call a 24- work. They haven’t brought down the rule, Republican Senators have said hour bad guy. There are a lot of other soaring cost of prescription drugs. And they were voting to remove burden- ways to express it, but that is one way. they haven’t done a thing to help the 55 some Federal regulations that ‘‘se- There is not a moment of the day when million Americans who don’t have ac- verely limit the role of State and local he isn’t using his power to undermine cess to a workplace retirement account governments,’’ when local governments our Nation’s interests and the interests to save for their retirement. But they ‘‘could do a much better job of pro- of freedom and democracy across the have been busy. viding for the people of our State.’’ So globe. Here is what they have done so far: why on earth are they now voting to We know that the Russian regime They have made it easier for giant cor- make it harder for cities and States to kills journalists, jails and silences porations to hide the payments they help their own citizens save for retire- their critics, and commits war crimes make to foreign countries. They have ment? Why? Three words: chamber of in places like Syria and Ukraine. Rus- made it easier for companies to dis- commerce. sia meddles in elections throughout the charge filth into our rivers and The chamber of commerce and the Western world. streams. They have made it easier for trade associations for the giant finan- Mr. Putin has a warped world view. Americans suffering from mental ill- cial firms have been fighting tooth and His view is that the freedom and demo- ness to buy guns. They have made it nail to kill these retirement initia- cratic rights of tens of millions of peo- easier for hunters to shoot baby bears tives. Their armies of lobbyists have ple in Europe should be subject to the and wolf cubs from planes. They have been deployed to peddle misinforma- interests of a few in the Kremlin be- made it easier for companies that get tion about what these plans do, all be- cause those countries lie within Rus- big-time, taxpayer-funded government cause the giant financial firms that the sia’s supposed sphere of influence. contracts to steal wages from their em- chamber of commerce and the trade as- The work done by our intelligence ployees. They have made it easier for sociations represent are worried that agencies indicates that Russia meddled employers to hide injuries their work- the city and State plans might actu- in our election with the intent of aid- ers suffer on the job. They have made ally offer better investment products ing President Trump. We know that it easier for States to divert Federal with lower fees. now. In January, our intelligence agen- education dollars away from struggling The American people are not calling cies concluded: schools and students. They have made their Senators asking us to work day We assess Russian President Vladimir it easier for States to block people who in and day out to overturn rules to help Putin ordered an influence campaign in 2016 are out of work from getting unem- them save for their retirement; 72 per- aimed at the U.S. presidential election. Rus- sia’s goals were to undermine public faith in ployment insurance payments that cent of Republicans and 83 percent of the U.S. democratic process, denigrate Sec- they are entitled to by law. And they Democrats support these initiatives. retary Clinton, and harm her electability have made it easier to keep local resi- They aren’t calling us and asking us to and potential presidency. We further assess dents from having a say in how Federal make their water dirty or to let their Putin and the Russian Government devel- lands are managed. employer put their lives at risk by cut- oped a clear preference for President-elect Now they are back at it again, this ting corners on safety either. Trump. time to overturn a rule that will help The American voters didn’t send us That is what our intelligence agen- millions of Americans start saving for to Washington to work for the lawyers cies tell us, and I am quoting verbatim their retirement. For years, the Repub- and the lobbyists and the giant cor- from that basic finding. lican-controlled Congress has done porations that keep corporate profits President Trump’s refusal to accept nothing to help the 55 million Ameri- soaring by skirting basic regulations. the assessment of our intelligence cans who don’t have an employer-pro- This vote may be really good for fill- agencies was deeply concerning—and vided retirement plan save for their re- ing the campaign coffers of Senate Re- that is an understatement. My con- tirement. Nothing. Because of this Fed- publicans, and a few of them may pop cerns were compounded by the fact eral inaction, 7 States have passed leg- champagne corks with their buddies at that President Trump ran on the most islation to provide retirement accounts the chamber of commerce after this pro-Russian platform in modern his- to their constituents, and 23 others are vote tonight, but Americans are watch- tory. Since President Trump has taken

VerDate Sep 11 2014 01:38 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.061 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2093 office, he has harshly criticized our al- ald Trump, two people familiar with Furthermore, reporting by both USA lies, from Australia to Mexico, yet the matter said.’’ Today and CNN helped get to the bot- when it comes to Russia’s provocations On January 19, the Washington Post tom of one of the enduring mysteries of and war crimes, President Trump is si- reported, ‘‘U.S. counterintelligence of- this summer’s Republican National lent. ficials are sifting through intercepted Convention: why was the effort to in- This deference that President Trump communications and financial data as sert a provision into the party’s plat- shows to Mr. Putin is troubling and, part of a wider look at possible ties be- form supporting lethal aid for Ukraine when combined with Russia’s meddling tween the Russian government and as- defeated? Last summer, Mr. Manafort in our election, it raises profound ques- sociates of President-elect Donald said that the decision to defeat the pro- tions that need answers. That is why I Trump, officials said.’’ vision supporting lethal aid ‘‘abso- strongly support the establishment of Then again on January 19, the New lutely did not come from the Trump an independent commission to inves- York Times reported, ‘‘American law campaign.’’ tigate Russia’s interference in our po- enforcement and intelligence agencies In January of 2017, the Washington litical system, and I believe that the are examining intercepted communica- Post’s David Ignatius reported that Justice Department must appoint a tions and financial transactions as part President Trump’s National Security special counsel to investigate this mat- of a broad investigation into possible Adviser, Michael Flynn, engaged in dis- ter as well. links between Russian officials and as- cussions with Russian Ambassador What the American people need to sociates of President-elect Donald J. Sergey Kislyak during the transition know, once and for all, is at least three Trump, including his former campaign as then-President Obama was applying things: No. 1, what specific actions chairman Paul Manafort, current and sanctions against Russia for its med- Russia took to aid President Trump former senior American officials said.’’ dling in the U.S. elections. After the during the election; No. 2, whether U.S. We know that Mr. Trump’s former Russian Foreign Ministry vowed retal- persons had knowledge of or were in- campaign manager, Paul Manafort, iation for the Obama administration volved in these actions; and, finally, previously worked for the Russian- sanctions, it was reported that several No. 3, whether President Trump has fi- backed President of Ukraine, Victor calls between Mr. Flynn and Ambas- nancial entanglements with Russians Yanukovych. According to an August sador Kislyak took place. The next associated with the Putin regime. 2016 report by the New York Times, day, President Putin announced he You could probably add other ques- ‘‘Handwritten ledgers show $12.7 mil- would not retaliate against the U.S. for tions, but I think they are the three lion in undisclosed cash payments des- the sanctions. The Nation was told by basic questions we have to answer. ignated for Mr. Manafort from Mr. the Vice President that Mr. Flynn’s So this is a grave problem with sub- Yanukovych’s pro-Russian political contact with the Russian Ambassador stantial national security implica- party from 2007 to 2012, according to was logistical in nature. Then it was tions. My constituents agree, as I am Ukraine’s newly formed National Anti- revealed that the issue of sanctions sure is the case in every other State. Corruption Bureau.’’ may have been discussed. Subse- Just since January 1, more than 80,000 In February 2017, when confronted by quently, General Flynn resigned his po- Pennsylvanians have written to my of- the New York Times about reports that sition. fice about Russia. That is 80,000 Penn- Trump associates may have been in Then, there is the issue of President sylvanians. These are thoughtful let- contact with Russian officials during Trump’s associate, Roger Stone, who ters from Pennsylvanians who are so the election, Mr. Manafort said, ‘‘It’s demonstrated in tweets last summer concerned about this issue that they not like these people wear badges that that he may have had advance knowl- took the time to write. say, ‘I’m a Russian intelligence offi- edge of some of the hacked material. In A constituent from Cumberland cer.’ ’’ October 2016, Mr. Stone admitted to a County, right in the middle of our Then there is the case of a former Miami TV station that he had ‘‘back- State, wrote: member President Trump’s foreign pol- channel communications with I am bothered by the reports of Russia try- icy advisory committee, Carter Page. WikiLeaks founder Julian Assange.’’ ing to interfere with our democracy. I am In September of 2016, Yahoo’s Michael Mr. Assange is the founder of particularly bothered by a lack of trans- Isikoff reported, ‘‘U.S. intelligence offi- Wikileaks, the website that Russian parency in the administration with news re- cials are seeking to determine whether ports of AG Sessions’ undisclosed contact hackers appear to have used to deposit with Russia. Russia is having the effect they an American businessman identified by hacked documents during the 2016 cam- wanted by shaking confidence in our system. Donald Trump as one of his foreign pol- paign. That is a constituent from Cum- icy advisers has opened up private com- These revelations give credence to a berland County. munications with senior Russian offi- February report by CNN: ‘‘High-level Another constituent from North- cials—including talks about the pos- advisers close to then-presidential ampton County, along the eastern side sible lifting of economic sanctions if nominee Donald Trump were in con- of our State, just north of Philadel- the Republican nominee becomes presi- stant communication during the cam- phia, wrote this: dent, according to multiple sources paign with Russians known to US in- All politics aside, the investigation about who have been briefed on the issue.’’ telligence, multiple current and former Russia’s actions is a concern to our republic. In an interview with PBS’s Judy intelligence, law enforcement and ad- . . . Ultimately, it does not matter whether Woodruff, Mr. Page was asked whether ministration officials tell CNN.’’ our elected officials are democrats or repub- he met with Russian officials while he This summary is an illustrative list licans, but it does matter that we all always was on the Trump campaign. Ms. of many of the credible reports that are put America’s best interests first. Woodruff asked, ‘‘Did you have any out there. Let’s review just a few of the If the warnings from the U.S. intel- meetings—I will ask again—did you reports that have come to light since ligence community and the pleas from have any meetings last year with Rus- our intelligence agencies released their 80,000-plus Pennsylvanians aren’t sian officials in Russia, outside Russia, assessment. enough, then let’s look at the numer- anywhere?’’ Mr. Page answered, ‘‘I had In November of 2016, the President’s ous credible reports of contact between no meetings, no meetings. I might have spokesman at that time said: ‘‘The Russian officials and the Trump team. said hello to a few people as they were campaign had no contact with Russian This body of reporting grows every walking by me at my graduation—the officials,’’ yet the Russian Deputy For- day. graduation speech that I gave in July, eign Minister had stated that ‘‘there On January 18, McClatchy reported but no meetings.’’ were contacts during the campaign.’’ that ‘‘The FBI and five other law en- Yet after USA Today reported that On January 19, the New York Times re- forcement and intelligence agencies Mr. Page met with Russian Ambas- ported that the communications of have collaborated for months in an in- sador Sergey Kislyak at the Repub- President Trump’s former campaign vestigation into Russian attempts to lican National Convention, Mr. Page manager, Paul Manafort, his former influence the November election, in- told MSNBC’s Chris Hayes that he foreign policy adviser, Carter Page, and cluding whether money from the Krem- would ‘‘not deny’’ meeting with the his longtime associate, Roger Stone, lin covertly aided President-elect Don- Russian Ambassador. were under investigation for contacts

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.063 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2094 CONGRESSIONAL RECORD — SENATE March 29, 2017 with the Russians. Yet despite that, say, in Dubai, and certainly with our project tion to the legislation before us, which President Trump continued to say for in SoHo and anywhere in New York. We see would do precisely the opposite. weeks that all of these reports about a lot of money pouring in from Russia. H.J. Res. 67 would tear down ongoing an investigation and contacts with So if one takes all of these reports efforts at the State and municipal lev- Russian officials were so-called fake together, plus the ones I have entered els to assist, not obstruct, hard-work- news. into the RECORD, one has to ask: What ing Americans in preparing for finan- We have learned that the Trump ad- is going on? What is going on with all cially stable and rewarding retire- ministration’s dismissals of these in- this information? ments. vestigations and reports do not align That is why my constituents and I I also want to express my very deep with the facts. It seems that the ad- have questions. That is why we need an concern about efforts by my Repub- ministration has a strategy for all of independent commission and a special lican colleagues to force a vote on H.J. these allegations—dodge and deceive, counsel appointed by the Justice De- Res. 66 in the very near future. I would dodge and deceive. partment. The administration owes the advise my colleagues to reconsider After all the dodging and deceiving, American people answers. their taking action on both of these sometimes we finally get admissions of We cannot allow my constituent misguided proposals right away. the truth. Again, the facts are dis- Pam’s warning to come to fruition. We While many private sector employers turbing and have meaningful national cannot allow Russia to exploit political have the option to set up and their em- security implications. differences to shake confidence in our ployees have the choice to contribute Here is an example of how these con- democratic system. The United States to their own retirement savings ac- tacts may have actually changed pol- has a proud tradition of rule of law and counts, fewer than 10 percent of work- icy. This past summer, ABC’s George checks and balances. These are things ers who are without access to a work- Stephanopoulos asked President that distinguish us from the autocratic place plan contribute to retirement Trump: and corrupt regimes around the world. savings accounts outside of their em- Then why did you soften the GOP platform The longer it takes to get to the bot- ployers. on Ukraine? tom of these questions, the longer it To address this growing issue, in Au- Candidate Donald Trump responded: will be until we can get back to ad- gust of 2016, under the guidance of the I wasn’t involved in that. Honestly, I was vancing meaningful policies to resist Obama administration, the Depart- not involved. Russian aggression and stand with our ment of Labor promulgated what has In early March, USA Today reported European allies. We need to make a become known as the State-sponsored that then-Trump advisers Carter Page commitment to maintaining and ex- auto-IRA rule. This rule provides crit- and J.D. Gordon met with Russian Am- panding sanctions on Russia for a vari- ical guidance for States on how to ad- bassador Sergey Kislyak at the Repub- ety of malign activities: No. 1, the minister programs that are designed to lican Convention. In an interview with cyber attack on our elections; No. 2, improve access to retirement accounts CNN, Mr. Gordon said that the effort to their—the Russians’—indiscriminate among private sector employees. These remove support for lethal security as- bombing of civilians in support of the State-facilitated retirement programs sistance to Ukraine from the Repub- Assad regime in Syria; No. 3, their would allow State governments to pro- lican Party platform was done ex- unabated support for separatists in vide automatic enrollment in State- pressly to fulfill the wishes of then- eastern Ukraine; No. 4, the Russians’ sponsored IRA programs, with there Candidate Trump. being the opportunity to opt out at any Now it is not uncommon for foreign continued illegal annexation of Cri- time. officials to attend conventions. It is mea. There are misguided and progressive uncommon and completely, totally in- The American people and the people proposals that seek to overturn the appropriate for them to use that plat- of Pennsylvania, as well, have had critical rulemaking that protects form to shape our Nation’s policies by enough of dodge and deceive on these Americans in this process. If passed, a change in a party platform. issues. They want answers, and the The dodging and deception continues. only way to get them is by way of an these resolutions, very simply, will After insisting during his confirmation independent commission and a special cripple ongoing efforts on the State hearing that he had no contacts with counsel. level to ensure that retirement savings Russian officials, it was reported that The President and every Republican opportunities are more readily avail- Attorney General Sessions, who was a and every Democrat in the House and able for all workers. top leader in President Trump’s cam- the Senate in all of Congress need to In my home State of Connecticut, we paign, did indeed meet with the Rus- say once and for all, clearly, defini- have led efforts to find secure and inno- sian Ambassador. There is nothing to tively, unequivocally: We will never vative ways to address the growing re- hide about meeting with a foreign am- allow this to happen again, and then tirement savings gap for nearly 600,000 bassador. That is part of our job as work together to make that a reality. working people in Connecticut who Senators, and Attorney General Ses- I yield the floor. lack access to employer-based retire- sions was a Member of the U.S. Senate. I suggest the absence of a quorum. ment savings. The Connecticut Retire- For example, in 2013, I met with the The PRESIDING OFFICER. The ment Security Authority has led this Russian Ambassador to advocate for clerk will call the roll. effort. It was created in 2016, and it is Pennsylvania families torn apart by The assistant bill clerk proceeded to based on almost 2 years of market re- the Russian Government’s ban on call the roll. search, public hearings, meetings, and international adoptions. I was there Mr. BLUMENTHAL. Mr. President, I broad input from employers, potential with a significant group of other Sen- ask unanimous consent that the order participants, and representatives of the ators from both parties. But why would for the quorum call be rescinded. financial sector. Mr. SESSIONS provide incorrect infor- The PRESIDING OFFICER (Mr. We are moving in the right direction mation to the Judiciary Committee, TILLIS). Without objection, it is so or- in Connecticut. Programs that rep- and why wouldn’t he immediately cor- dered. resent a strong step in the right direc- rect the record? That is a question that Mr. BLUMENTHAL. Mr. President, I tion have been fostered and built by en- we have to ask, and that is a question am here on behalf of 55 million working couraging State facilitation with pri- that deserves an answer. Americans who lack access to retire- vate providers. These plans allow work- Finally, there is the issue of Presi- ment savings plans through their em- ers access to secure, low-cost retire- dent Trump himself. We know that for ployers. These numbers underscore a ment savings accounts in Connecticut. many years he has expressed an inter- very, very uncomfortable truth for That effort would be set back by these est in doing business in Russia. In 2008, many Americans—that there is a loom- proposals to undercut and reverse Mr. Trump’s executive vice president ing retirement crisis in our Nation. progress made at the Federal level. In- for acquisitions and development in his Congress must do more to preserve, comprehensibly, these bills would se- business said: protect, and strengthen retirement verely undercut efforts to promote Russians make up a pretty dispropor- savings for all Americans. I come to State and city auto-IRA programs. It is tionate cross-section of a lot of our assets; the floor to express my strong opposi- a blatant attack on these programs and

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Only a Russian bank under U.S. sanctions. ings crisis to join me in opposing these a special prosecutor can give us the The President’s former campaign man- resolutions. closure we need and deserve. ager, Paul Manafort, funneled millions They have broad economic implica- Every day, evidence mounts pointing of dollars into offshore accounts from a tions. They set back job creation as to the need to investigate these Rus- Russian oligarch through the Bank of well as economic progress. There are 55 sian ties and contacts with the Trump Cyprus, which was owned at the time million individuals—many of them in campaign. The more we learn, the more by Wilbur Ross, now serving as the Connecticut—who lack the ability to troubled and outraged the American President’s Commerce Secretary. save for retirement directly from their people become. These contacts form a network of paychecks. This gap is exacerbated by Just this week, revelations have sur- facts and suspicion, but more than sus- the fact that nearly 20 percent of peo- faced that Representative NUNES, picion, there are real sources of infor- ple between the ages of 55 and 64 have, chairman of the Intelligence Com- mation and facts. As Ronald Reagan virtually, zero in retirement savings. mittee in the House, met on White said, ‘‘Facts are stubborn things.’’ That is true of Connecticut and every House grounds with a source who These disclosures are all the more State in our country. showed him secret American intel- reason—indeed, compelling evidence— A lack of retirement savings leads to ligence reports that he then used to de- that a special prosecutor is necessary disastrous results and jeopardizes ac- fend President Trump’s claims that his to investigate Russia’s ties and con- cess to adequate meals, healthcare, and closest associates were under surveil- tacts with the Trump campaign. Imme- other necessities. Simply put, no lance by the Obama administration. diate, aggressive measures to hold Rus- American family and, certainly, no That this information actually came sia accountable and deter further ag- Connecticut family should be deterred from a meeting at the White House has gression must be taken. Those actions or discouraged from planning for the intensified questions about where the must be based on facts as well, but we future by saving responsibly. information actually originated and must acknowledge publicly that the I urge my colleagues to join me in whether the President’s team is actu- need for deterrence requires effective voting no on H.J. Res. 66 and H.J. Res. ally meddling in the congressional in- responses, appropriate and necessary 67 because States and municipalities vestigation. Chairman NUNES’s actions measures to send a message and inflict should have the flexibility to imple- have fatally tainted the House Intel- the kind of cost that is necessary to ligence Committee investigation and ment proven strategies to support show Russia that we will never accept infected it with the virus of partisan hard-working Americans who wish to these kinds of attacks. At stake is not prepare themselves for retirement. bias. Just yesterday, we also learned, only Russia’s view of this country and RUSSIA AND TRUMP CAMPAIGN INVESTIGATION based on letters obtained by the Wash- deterrence to further attacks but also Mr. President, I find in Connecticut— ington Post, that the Trump adminis- the credibility and trust of the Amer- and, I am sure, my colleagues find tration sought to block former Acting ican people in the Department of Jus- around the country—that Americans Attorney General Sally Yates from tes- tice, and that is where a special pros- are outraged and appalled by Russia’s tifying to Congress in the House inves- ecutor is absolutely vital. I support the work of the Intelligence disinformation campaign that has been tigation, adding additional taint. We Committee in the Senate, and I trust waged against our free and fair elec- all recall she is the one who blew the toral process. There is no question whistle on the real risk of General the members of that committee to do now—the intelligence agencies have Flynn being blackmailed by the Krem- their work responsibly. I believe as confirmed it—that Russia interfered in lin. Instead of thanking her, the Presi- well that we should have a select com- the campaign of this latest election. dent fired her. After firing her for mittee—or, even better, an independent Our electoral process is the bedrock doing her job, the administration is commission—that will make findings of our democracy. Russian interference now intent on stopping her as a witness of fact, produce recommendations, in our election is an attack on our de- from revealing exactly what the Presi- have public proceedings, and then, in mocracy. Indeed, it is an attack on dent knew about his adviser’s ties to the interest of full transparency and America. Some believe—and I join foreign interests. disclosure, produce a report with rec- them in this concern—that it is an act The House investigation is incon- ommendations that will help provide a of war. trovertibly compromised by having a path to avoid these kinds of attacks on As appalling as the Russians’ actions Trump surrogate running and orga- our democracy in the future and poten- have been, I am equally—if not more— nizing it and the administration—at tial collusion between Americans and concerned about the ‘‘see no evil, hear least in appearance and likely in re- those attacks. no evil’’ attitude of this administra- ality—controlling its access to the I believe that an independent com- tion. It was aided in its election by facts. mission would serve a worthwhile pur- Russia’s campaign of disinformation, There is a growing body of evidence pose, but neither the Intelligence Com- malign theft, its dissemination of pri- that clearly and unmistakably indi- mittee, nor a select committee, nor an vate data, propaganda, and cyber at- cates that the Trump campaign and his independent commission can do what is tack. That cyber attack was uncon- associates were in contact with Russia equally important, which is prosecute scionable and unprecedented in its during the election, and these deeply wrongdoers. None of these bodies, scope and scale. troubling claims of coordination with a whether congressional or independent Our Nation’s intelligence community foreign government to influence an commission, can investigate criminal has provided chilling and absolutely American election deserve exacting wrongdoing so as to assure an effective horrifying confirmation of this Russian and aggressive investigation. and successful prosecution. That work interference in our democracy. Yet the The declassified report from the in- must be done with the FBI and super- White House continually dismisses telligence community clearly identifies vision of an independent, special pros- these reports. This week, we are learn- Russia Today as a state-sponsored ecutor who can investigate vigorously ing that they actually may be actively propaganda source that was integral to and independently and then take ac- interfering with and trying to redirect Putin’s campaign to interfere in that tion and bring charges if they are war- efforts by Congress to discover the full election, and it makes it equally clear, ranted. extent of Russia’s cyber intrusion. and deplorably so, that former Na- I support the investigation of the In- The bottom line here is that only a tional Security Advisor Flynn accepted telligence Committee, which should do special prosecutor at the Department $45,000 to praise Russia Today in Mos- its work, the appointment of a select of Justice can apply sunlight and con- cow and dine with Putin at the net- committee that can produce findings of duct a vigorous, independent investiga- work’s request. fact and a report and recommendation,

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They are the Sandia is our Nation’s largest national where teams must build and program only ones who can prosecute. laboratory with principal sites in Albu- robots made from LEGO NXT kits to We cannot stand idle while Russia querque, NM, and Livermore, CA. solve missions. Their dedication to ex- interferes and threatens our political The lab employs some of the best and cellence and their perseverance against infrastructure, which now includes our brightest minds in the country and is teams from more prominent school dis- electoral system. Neither can we stand indispensable to our national security tricts has already lead them to two idle while our Department of Justice is and to maintaining our Nation’s well-deserved statewide championship leaderless or, worse yet, has a pros- science and engineering superiority. victories. In honor of their tireless ef- ecutor who also may be tainted by the Ms. Hruby joined Sandia in 1983 to forts, the Clan of Mor’du have been in- fact that he reports to the Attorney work on research in nanoscience, hy- vited to attend the FIRST LEGO General or to the President. The Attor- drogen storage, mechanical component League World Festival in St. Louis, ney General has recused himself, with design, thermal analysis, and MO, this spring. For most of these curi- good reason, because he was implicated microfluidics. ous young students, it will be their in allegations surrounding collusion She served for 27 years at Sandia’s first trip outside of Maine. between the Trump campaign and the California location, managing projects I wish to join the communities of Russian interference. responsible for weapon components, Jay, Livermore, and Livermore Falls, The allegations of collusion are seri- microtechnologies, and materials proc- as well as the State of Maine, in con- ous. They must be investigated, and essing. gratulating the Clan of Mor’du for the investigation and potential pros- In 2010, she came to New Mexico to their pioneering spirit and remarkable ecution must be done by someone who serve as the vice president of the En- achievements. Their willingness to is independent—a special prosecutor. ergy, Nonproliferation, and High-Con- challenge themselves and work to- Revelation upon revelation day after sequence Security Division and as the gether as a team is a testament to the day leaves us with no choice. In fact, leader of Sandia’s International, Home- tenacity and ingenuity of Maine’s we had no choice well before now, but land, and Nuclear Security Program great people.∑ the disclosures that have surfaced just Management Unit. f within the last hours and days confirm In July 2015, Ms. Hruby became the that justice will not be vindicated un- first woman to direct a national secu- MESSAGE FROM THE PRESIDENT less we have a special prosecutor. That rity laboratory. A message from the President of the is why I have chosen to block the nom- Ms. Hruby has authored numerous United States was communicated to ination and confirmation of the Deputy publications, holds three patents in the Senate by Mr. Pate, one of his sec- Attorney General. I will consider doing microfabrication, and won an R&D 100 retaries. it with other nominees as well. I feel so Award in solid-state radiation detec- f strongly—and I hope my colleagues do tion. In 2016, the Society of Women En- as well—that a special prosecutor is gineers presented Ms. Hruby with the PRESIDENTIAL MESSAGE necessary to vindicate justice, to make Suzanne Jenniches Upward Mobility sure that Americans have trust and Award in celebration of her rise to a confidence in our Department of Jus- leadership role and her dedication to REPORT OF THE CONTINUATION tice and in the ability of the United creating a nurturing environment for OF THE NATIONAL EMERGENCY States to protect its democracy and women in the workplace. WITH RESPECT TO SIGNIFICANT the integrity of its electoral process. She has said that she wants her work MALICIOUS CYBER-ENABLED AC- Thank you, Mr. President. to matter to others and to have a pur- TIVITIES THAT WAS DECLARED I yield the floor. pose greater than herself. IN EXECUTIVE ORDER 13694 ON I suggest the absence of a quorum. I commend Jill Hruby for her incred- APRIL 1, 2015—PM 4 The PRESIDING OFFICER. The ible record of service to our Nation ad- The PRESIDING OFFICER laid be- clerk will call the roll. dressing some of our most complex fore the Senate the following message The bill clerk proceeded to call the issues and challenges, and I wish her from the President of the United roll. the best in all of her future endeavors. States, together with an accompanying Mr. MCCONNELL. Mr. President, I f report; which was referred to the Com- ask unanimous consent that the order ADDITIONAL STATEMENTS mittee on Banking, Housing, and for the quorum call be rescinded. Urban Affairs: The PRESIDING OFFICER. Without objection, it is so ordered. To the Congress of the United States: RECOGNIZING THE STUDENTS OF Section 202(d) of the National Emer- f CLAN OF MOR’DU gencies Act (50 U.S.C. 1622(d)) provides MORNING BUSINESS ∑ Mr. KING. Mr. President, today I for the automatic termination of a na- Mr. MCCONNELL. Mr. President, I wish to recognize and to congratulate tional emergency unless, within 90 ask unanimous consent that the Sen- the students of the Clan of Mor’Du days prior to the anniversary date of ate be in a period of morning business, team for their recent State competi- its declaration, the President publishes with Senators permitted to speak tion victory and their invitation to in the Federal Register and transmits to therein for up to 10 minutes each. participate in the FIRST LEGO League the Congress a notice stating that the The PRESIDING OFFICER. Without World Festival. emergency is to continue in effect be- objection, it is so ordered. As we enter a century of fast-paced yond the anniversary date. In accord- f innovation where science and tech- ance with this provision, I have sent to nology continue to be at the epicenter the Federal Register for publication the TRIBUTE TO JILL HRUBY of our daily lives, it is important to enclosed notice stating that the na- Mr. HEINRICH. Mr. President, it is promote STEM education so that the tional emergency declared in Executive an honor to recognize Jill Hruby and next generation of engineers and entre- Order 13694 of April 1, 2015, is to con- her team for their commitment to the preneurs can fully harness the opportu- tinue in effect beyond April 1, 2017. success of Sandia National Labora- nities these new advancements bring to Significant malicious cyber-enabled tories and their commendable service our society. Therefore, it is my honor activities originating from, or directed to the Nation. to bring to the attention of the Senate by persons located, in whole or in sub- Since 2015, Ms. Hruby has been the a group of astounding young students stantial part, outside the United president and director of Sandia Na- and their coaches from Spruce Moun- States, continue to pose an unusual

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.067 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2097 and extraordinary threat to the na- cedure, Administration, and Technical eral Kevin W. Mangum, United States Army, tional security, foreign policy, and Amendments Act of 2017’’; to the Committee and his advancement to the grade of lieuten- economy of the United States. There- on the Judiciary. ant general on the retired list; to the Com- EC–1125. A communication from the Direc- mittee on Armed Services. fore, I have determined that it is nec- tor of the Regulatory Management Division, EC–1135. A communication from the Sec- essary to continue the national emer- Environmental Protection Agency, transmit- retary of Defense, transmitting a report on gency declared in Executive Order 13694 ting, pursuant to law, the report of a rule en- the approved retirement of Lieutenant Gen- with respect to significant malicious titled ‘‘Polyglycerol polyricinoleate; Toler- eral Wendy M. Masiello, United States Air cyber-enabled activities. ance Exemption’’ (FRL No. 9959–12) received Force, and her advancement to the grade of DONALD J. TRUMP. in the Office of the President of the Senate lieutenant general on the retired list; to the THE WHITE HOUSE, March 29, 2017. on March 22, 2017; to the Committee on Agri- Committee on Armed Services. culture, Nutrition, and Forestry. EC–1136. A communication from the Sec- f EC–1126. A communication from the Direc- retary of Defense, transmitting the report of MESSAGE FROM THE HOUSE tor of the Regulatory Management Division, five (5) officers authorized to wear the insig- Environmental Protection Agency, transmit- nia of the grade of brigadier general in ac- At 11:01 a.m., a message from the ting, pursuant to law, the report of a rule en- cordance with title 10, United States Code, House of Representatives, delivered by titled ‘‘Octadecanoic acid, 12-hydroxy-, section 777; to the Committee on Armed Mrs. Cole, one of its reading clerks, an- homopolymer, ester with a, a’, a’’ -1,2,3- Services. nounced that the House has passed the propanetriyltris[w-hydroxypoly(oxy–1,2– EC–1137. A communication from the Prin- cipal Director (Force Resiliency), performing following joint resolution, without ethanediyl]; Tolerance Exemption’’ (FRL No. 9958–97) received in the Office of the Presi- the duties of the Assistant Secretary of De- amendment: dent of the Senate on March 22, 2017; to the fense (Readiness), transmitting, pursuant to S.J. Res. 34. Joint resolution providing for Committee on Agriculture, Nutrition, and law, the National Guard and Reserve Equip- congressional disapproval under chapter 8 of Forestry. ment Report (NGRER) for fiscal year 2018; to title 5, United States Code, of the rule sub- EC–1127. A communication from the Direc- the Committee on Armed Services. mitted by the Federal Communications Com- tor of the Regulatory Management Division, EC–1138. A communication from the Sec- mission relating to ‘‘Protecting the Privacy Environmental Protection Agency, transmit- retary of the Treasury, transmitting, pursu- of Customers of Broadband and Other Tele- ting, pursuant to law, the report of a rule en- ant to law, a six-month periodic report on communications Services’’. titled ‘‘Isoamyl acetate; Exemption from the the national emergency declared in Execu- Requirement of a Tolerance’’ (FRL No. 9956– tive Order 13224 of September 23, 2001, with f 02) received in the Office of the President of respect to persons who commit, threaten to EXECUTIVE AND OTHER the Senate on March 22, 2017; to the Com- commit, or support terrorism; to the Com- COMMUNICATIONS mittee on Agriculture, Nutrition, and For- mittee on Banking, Housing, and Urban Af- estry. fairs. The following communications were EC–1128. A communication from the Direc- EC–1139. A communication from the Sec- laid before the Senate, together with tor of the Regulatory Management Division, retary, Securities and Exchange Commis- accompanying papers, reports, and doc- Environmental Protection Agency, transmit- sion, transmitting, pursuant to law, the re- uments, and were referred as indicated: ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Amendment to Secu- titled ‘‘Fatty Acids, Montan-Wax, rities Transaction Settlement Cycle’’ EC–1118. A communication from the Chair- Ethoxylated; Tolerance Exemption’’ (FRL (RIN3235–AL86) received in the Office of the man, Medicare Payment Advisory Commis- No. 9958–10) received in the Office of the President of the Senate on March 27, 2017; to sion, transmitting, pursuant to law, a report President of the Senate on March 22, 2017; to the Committee on Banking, Housing, and entitled ‘‘Report to the Congress: Medicare the Committee on Agriculture, Nutrition, Urban Affairs. Payment Policy’’; to the Committee on Fi- and Forestry. EC–1140. A communication from the Direc- nance. EC–1129. A communication from the Direc- tor of the Regulatory Management Division, EC–1119. A communication from the Bu- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- reau of Political-Military Affairs, Depart- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- titled ‘‘Approval of Missouri’s Air Quality law, an addendum to a certification, of the titled ‘‘Cyantraniliprole; Pesticide Toler- Implementation Plans; Open Burning Re- proposed sale or export of defense articles ances’’ (FRL No. 9958–53) received in the Of- quirements’’ (FRL No. 9958–72–Region 7) re- and/or defense services to a Middle East fice of the President of the Senate on March ceived during adjournment of the Senate in country (OSS–2017–0285); to the Committee 22, 2017; to the Committee on Agriculture, the Office of the President of the Senate on on Foreign Relations. Nutrition, and Forestry. March 24, 2017; to the Committee on Environ- EC–1120. A communication from the Acting EC–1130. A communication from the Direc- ment and Public Works. Assistant Secretary for Legislation, Depart- tor of the Regulatory Management Division, EC–1141. A communication from the Direc- ment of Health and Human Services, trans- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, mitting, pursuant to law, the Performance ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Report for fiscal year 2016 for the Prescrip- titled ‘‘Cloquintocet-mexyl; Pesticide Toler- ting, pursuant to law, the report of a rule en- tion Drug User Fee Act (PDUFA); to the ances’’ (FRL No. 9959–11) received in the Of- titled ‘‘State of Iowa; Approval and Promul- Committee on Health, Education, Labor, and fice of the President of the Senate on March gation of the Title V Operating Permits Pro- Pensions. 22, 2017; to the Committee on Agriculture, gram, the State Implementation Plan, and EC–1121. A communication from the Acting Nutrition, and Forestry. 112(1) Plan’’ (FRL No. 9957–84–Region 7) re- Assistant Secretary for Legislation, Depart- EC–1131. A communication from the Direc- ceived during adjournment of the Senate in ment of Health and Human Services, trans- tor of the Regulatory Management Division, the Office of the President of the Senate on mitting, pursuant to law, the Financial Re- Environmental Protection Agency, transmit- March 24, 2017; to the Committee on Environ- port for fiscal year 2016 for the Prescription ting, pursuant to law, the report of a rule en- ment and Public Works. Drug User Fee Act (PDUFA); to the Com- titled ‘‘Aspergillus flavus AF36; Amendment EC–1142. A communication from the Chief mittee on Health, Education, Labor, and to an Exemption from the Requirement of a of the Publications and Regulations Branch, Pensions. Tolerance’’ (FRL No. 9959–92) received in the Internal Revenue Service, Department of the EC–1122. A communication from the Acting Office of the President of the Senate on Treasury, transmitting, pursuant to law, the Assistant Secretary for Legislation, Depart- March 22, 2017; to the Committee on Agri- report of a rule entitled ‘‘Employee Con- ment of Health and Human Services, trans- culture, Nutrition, and Forestry. sents’’ (Rev. Proc. 2017–28) received in the Of- mitting, pursuant to law, the Financial Re- EC–1132. A communication from the offi- fice of the President of the Senate on March port for fiscal year 2016 for the Generic Drug cial performing the duties of the Under Sec- 27, 2017; to the Committee on Finance. User Fee Amendments; to the Committee on retary of Defense (Intelligence), transmit- EC–1143. A communication from the Prin- Health, Education, Labor, and Pensions. ting, pursuant to law, a fiscal year 2016 re- cipal Deputy Assistant Secretary, Bureau of EC–1123. A communication from the Acting port relative to data mining (OSS–2017–0298); Political-Military Affairs, Department of Assistant Secretary for Legislation, Depart- to the Committee on Armed Services. State, transmitting, pursuant to law, an ad- ment of Health and Human Services, trans- EC–1133. A communication from the Sec- dendum to a certification, of the proposed mitting, pursuant to law, a financial report retary of Defense, transmitting a report on sale or export of defense articles and/or de- relative to the Medical Device User Fee the approved retirement of Lieutenant Gen- fense services to a Middle East country Amendments of 2012 for fiscal year 2016; to eral Christopher C. Bogdan, United States (OSS–2017–0321); to the Committee on For- the Committee on Health, Education, Labor, Air Force, and his advancement to the grade eign Relations. and Pensions. of lieutenant general on the retired list; to EC–1144. A communication from the Prin- EC–1124. A communication from the Sec- the Committee on Armed Services. cipal Deputy Assistant Secretary, Bureau of retary, Judicial Conference of the United EC–1134. A communication from the Sec- Political-Military Affairs, Department of States, transmitting, a report of proposed retary of Defense, transmitting a report on State, transmitting, pursuant to law, an ad- legislation entitled ‘‘Criminal Judicial Pro- the approved retirement of Lieutenant Gen- dendum to a certification, of the proposed

VerDate Sep 11 2014 04:35 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.003 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2098 CONGRESSIONAL RECORD — SENATE March 29, 2017 sale or export of defense articles and/or de- dent of the Senate on March 28, 2017; to the proposing an amendment to the constitution fense services to a Middle East country Committee on the Judiciary. of the United States requiring that in the ab- (OSS–2017–0308); to the Committee on For- EC–1155. A communication from the Staff sence of a national emergency, including, eign Relations. Director, U.S. Sentencing Commission, but not limited to, an attack by a foreign na- EC–1145. A communication from the Prin- transmitting, pursuant to law, a report rel- tion or terrorist organization within the cipal Deputy Assistant Secretary, Bureau of ative to the compliance of federal district United States of America, the total of all Political-Military Affairs, Department of courts with documentation submission re- federal appropriations made by the congress State, transmitting, pursuant to law, an ad- quirements; to the Committee on the Judici- for any fiscal year may not exceed the total dendum to a certification, of the proposed ary. of all estimated federal revenues for that fis- sale or export of defense articles and/or de- EC–1156. A communication from the Acting cal year, together with any related and ap- fense services to a Middle East country Assistant Attorney General, Office of Legis- propriate fiscal restraints. (OSS–2017–0307); to the Committee on For- lative Affairs, Department of Justice, trans- Resolved further, That this application is to eign Relations. mitting, pursuant to law, a report entitled be considered as covering the balanced budg- EC–1146. A communication from the Prin- ‘‘Debt Collection Recovery Activities of the et amendment language of the presently out- cipal Deputy Assistant Secretary, Bureau of Department of Justice for Civil Debts Re- standing balanced budget applications from Political-Military Affairs, Department of ferred for Collection Annual Report for Fis- other states, including, but not limited to, State, transmitting, pursuant to law, an ad- cal Year 2016’’; to the Committee on the Ju- previously adopted applications from Ala- dendum to a certification, of the proposed diciary. bama, Alaska, Arkansas, Colorado, Florida, sale or export of defense articles and/or de- EC–1157. A communication from the Direc- Indiana, Iowa, Kansas, Mississippi, Missouri, fense services to a Middle East country tor, Administrative Office of the United Nebraska, Nevada, Now Hampshire, New (OSS–2017–0306); to the Committee on For- States Courts, transmitting, pursuant to Mexico, North Carolina, Pennsylvania, and eign Relations. law, the Uniform Resource Locators (URLs) Texas; and this application shall be aggre- EC–1147. A communication from the Prin- for two reports entitled ‘‘2016 Annual Report gated with those applications for the purpose cipal Deputy Assistant Secretary, Bureau of of the Director of the Administrative Office of attaining the two-thirds of states nec- Political-Military Affairs, Department of of the United States Courts’’ and ‘‘Judicial essary to require the calling of a convention State, transmitting, pursuant to law, an ad- Business of the United States Courts’’; to the for proposing a balanced budget amendment, dendum to a certification, of the proposed Committee on the Judiciary. but shall not be aggregated with any applica- sale or export of defense articles and/or de- EC–1158. A communication from the Assist- tions on any other subject. fense services to a Middle East country ant Administrator of the Office of Diversion Resolved further, That this application con- (OSS–2017–0305); to the Committee on For- Control, Drug Enforcement Agency, Depart- stitutes a continuing application in accord- eign Relations. ment of Justice, transmitting, pursuant to ance with article V of the constitution of the EC–1148. A communication from the Bu- law, the report of a rule entitled ‘‘Schedules United States until the legislatures of at reau of Legislative Affairs, Department of of Controlled Substances: Placement of least two-thirds of the several states have State, transmitting, pursuant to law, a re- FDA–Approved Products of Oral Solutions made applications on the same subject. It su- port relative to the Treaty with Australia Containing Dronabinol [(-)-delta-9-trans- persedes all previous applications by this Concerning Defense Trade Cooperation for tetrahydrocannabinol (delta-9-THC)] in legislature on the same subject. 2016; to the Committee on Foreign Relations. Schedule II’’ (Docket No. DEA–435) received Resolved further, That certified copies of EC–1149. A communication from the Bu- in the Office of the President of the Senate this joint resolution be transmitted by the reau of Legislative Affairs, Department of on March 28, 2017; to the Committee on the secretary of state to the president of the State, transmitting, pursuant to law, a re- Judiciary. United States Senate, to the speaker of the port relative to the Treaty with the United EC–1159. A communication from the Chief United States House of Representatives, and Kingdom Concerning Defense Trade Coopera- of the Pricing Policy Division, Wireline to each member of this state’s delegation to tion for 2016; to the Committee on Foreign Competition Bureau, Federal Communica- the congress and that printed copies be sent Relations. tions Commission, transmitting, pursuant to to each house of each state legislature in the EC–1150. A communication from the Execu- law, the report of a rule entitled ‘‘Com- United States. tive Secretary, U.S. Agency for Inter- prehensive Review of the Part 32 Uniform f national Development (USAID), transmit- System of Accounts; Jurisdictional Separa- ting, pursuant to law, twenty-one (21) re- tions and Referral to the Federal-State Joint REPORTS OF COMMITTEES ports relative vacancies in the U.S. Agency Board’’ ((RIN3060–AK20) (FCC 17–15)) received for International Development (USAID), re- in the Office of the President of the Senate The following reports of committees ceived in the Office of the President of the on March 27, 2017; to the Committee on Com- were submitted: Senate on March 28, 2017; to the Committee merce, Science, and Transportation. By Mr. BURR, from the Select Committee on Foreign Relations. EC–1160. A communication from the Acting on Intelligence: EC–1151. A communication from the Gen- Deputy Assistant Administrator for Regu- Special Report entitled ‘‘Report of the Se- eral Counsel, Government Accountability Of- latory Programs, Office of Sustainable Fish- lect Committee on Intelligence United fice, transmitting, pursuant to law, the Of- eries, Department of Commerce, transmit- States Senate Covering the Period January fice’s fiscal year 2016 annual report relative ting, pursuant to law, the report of a rule en- 6, 2015 to January 2, 2017’’ (Rept. No. 115–13). to the Notification and Federal Employee titled ‘‘Taking and Importing Marine Mam- f Antidiscrimination and Retaliation Act of mals Incidental to Russian River Estuary 2002 (No FEAR Act); to the Committee on Management Activities’’ (RIN0648–BG37) re- INTRODUCTION OF BILLS AND Homeland Security and Governmental Af- ceived in the Office of the President of the JOINT RESOLUTIONS fairs. Senate on March 23, 2017; to the Committee EC–1152. A communication from the Equal on Commerce, Science, and Transportation. The following bills and joint resolu- Employment Opportunity Director, Office of f tions were introduced, read the first Civil Rights and Equal Opportunity, Social and second times by unanimous con- Security Administration, transmitting, pur- PETITIONS AND MEMORIALS suant to law, the Administration’s fiscal sent, and referred as indicated: year 2016 annual report relative to the Noti- The following petition or memorial By Mr. INHOFE: fication and Federal Employee Antidiscrimi- was laid before the Senate and was re- S. 755. A bill to amend the Pilot’s Bill of nation and Retaliation Act of 2002 (No FEAR ferred or ordered to lie on the table as Rights to facilitate appeals, to limit the re- Act); to the Committee on Homeland Secu- indicated: examination of airman certificates, and for other purposes; to the Committee on Com- rity and Governmental Affairs. POM–14. A joint resolution adopted by the EC–1153. A communication from the Chair- merce, Science, and Transportation. Legislature of the State of Michigan peti- man of the Council of the District of Colum- By Mr. SULLIVAN (for himself, Mr. tioning the United States Congress, pursuant bia, transmitting, pursuant to law, a report WHITEHOUSE, Mr. BOOKER, Mr. COONS, to Article V of the United States Constitu- on D.C. Resolution 21–621, ‘‘Constitution and Mr. PETERS, Mr. INHOFE, Mr. TILLIS, tion, to call a convention of the states to Boundaries for the State of Washington, D.C. and Ms. MURKOWSKI): propose amendments to the United States Approval Resolution of 2016’’; to the Com- S. 756. A bill to reauthorize and amend the Constitution to require a balanced federal mittee on Homeland Security and Govern- Marine Debris Act to promote international budget; to the Committee on the Judiciary. mental Affairs. action to reduce marine debris, and for other EC–1154. A communication from the Assist- ENROLLED SENATE JOINT RESOLUTION V purposes; to the Committee on Commerce, ant Administrator of the Office of Diversion Resolved by the Senate and House of Rep- Science, and Transportation. Control, Drug Enforcement Agency, Depart- resentatives of the state of Michigan, That pur- By Mr. FLAKE: ment of Justice, transmitting, pursuant to suant to article V of the constitution of the S. 757. A bill to amend the Homeland Secu- law, the report of a rule entitled ‘‘Schedules United States, the legislature of the state of rity Act of 2002 to facilitate communication of Controlled Substances: Placement of Michigan petitions the congress of the between U.S. Customs and Border Protection Brivaracetam Into Schedule V’’ (Docket No. United States of America, at its session, to and border ranchers in Arizona and other DEA–435) received in the Office of the Presi- call a convention of the states limited to border States, and for other purposes; to the

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.006 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2099 Committee on Homeland Security and Gov- By Mrs. SHAHEEN: (Mr. PETERS) was added as a cosponsor ernmental Affairs. S. 768. A bill to improve the productivity of S. 29, a bill to permit disabled law By Mr. BURR (for himself, Mr. TILLIS, and energy efficiency of the manufacturing enforcement officers, customs and bor- Mr. NELSON, and Mr. RUBIO): sector by directing the Secretary of Energy, in coordination with the National Academies der protection officers, firefighters, air S. 758. A bill to amend the Public Health traffic controllers, nuclear materials Service Act with respect to the Agency for and other appropriate Federal agencies, to Toxic Substances and Disease Registry’s re- develop a national smart manufacturing plan couriers, members of the Capitol Po- view and publication of illness and condi- and to provide assistance to small- and me- lice, members of the Supreme Court tions relating to veterans stationed at Camp dium-sized manufacturers in implementing Police, employees of the Central Intel- Lejeune, North Carolina, and their family smart manufacturing programs, and for ligence Agency performing intelligence members, and for other purposes; to the other purposes; to the Committee on Energy activities abroad or having specialized Committee on Veterans’ Affairs. and Natural Resources. security requirements, and diplomatic By Mr. MCCAIN (for himself and Mr. By Mr. BOOZMAN (for himself and Mr. security special agents of the Depart- ENZI): CASEY): S. 769. A bill to amend title XVIII of the ment of State to receive retirement S. 759. A bill to save taxpayers money by benefits in the same manner as if they improving the manufacturing and distribu- Social Security Act to align physician super- tion of coins and notes, and for other pur- vision requirements under the Medicare pro- had not been disabled. poses; to the Committee on Banking, Hous- gram for radiology services performed by ad- S. 59 ing, and Urban Affairs. vanced level radiographers with State re- At the request of Mr. CRAPO, the quirements; to the Committee on Finance. By Mr. SCHATZ (for himself and Mr. name of the Senator from Arkansas By Mr. SCHATZ (for himself, Mr. SASSE): (Mr. COTTON) was added as a cosponsor RISCH, Mr. THUNE, Ms. CANTWELL, S. 760. A bill to expand the Government’s and Mr. NELSON): of S. 59, a bill to provide that silencers use and administration of data to facilitate S. 770. A bill to require the Director of the be treated the same as long guns. transparency, effective governance, and in- National Institute of Standards and Tech- S. 204 novation, and for other purposes; to the nology to disseminate resources to help re- Committee on Homeland Security and Gov- At the request of Mr. JOHNSON, the duce small business cybersecurity risks, and name of the Senator from Ohio (Mr. ernmental Affairs. for other purposes; to the Committee on PORTMAN) was added as a cosponsor of By Mr. ALEXANDER (for himself and Commerce, Science, and Transportation. Mr. CORKER): By Mr. FRANKEN (for himself, Mr. S. 204, a bill to authorize the use of un- S. 761. A bill to amend the Internal Rev- SANDERS, Mr. WHITEHOUSE, Mr. approved medical products by patients enue Code of 1986 to allow individuals to re- BROWN, Ms. KLOBUCHAR, Ms. WARREN, diagnosed with a terminal illness in ac- ceive a premium assistance credit for insur- Ms. BALDWIN, Mr. REED, Mrs. GILLI- cordance with State law, and for other ance not purchased on an Exchange, and for BRAND, Ms. HASSAN, Mr. DURBIN, Mr. purposes. other purposes; to the Committee on Fi- VAN HOLLEN, Mr. MERKLEY, Mr. S. 233 nance. UDALL, Mr. BLUMENTHAL, and Mr. By Mr. GRASSLEY (for himself and At the request of Mr. WARNER, the BOOKER): name of the Senator from Maryland Mr. WYDEN): S. 771. A bill to improve access to afford- S. 762. A bill to amend the Internal Rev- able prescription drugs; to the Committee on (Mr. VAN HOLLEN) was added as a co- enue Code of 1986 to reform provisions relat- Finance. sponsor of S. 233, a bill to authorize the ing to whistleblowers; to the Committee on By Mr. MCCAIN: Secretary of Veterans Affairs to carry Finance. S. 772. A bill to amend the PROTECT Act out certain major medical facility By Mr. THUNE (for himself, Mr. NEL- to make Indian tribes eligible for AMBER leases of the Department of Veterans SON, Mrs. FISCHER, and Mr. BOOKER): Alert grants; to the Committee on Indian Af- Affairs. S. 763. A bill to improve surface and mari- fairs. S. 322 time transportation security; to the Com- By Mr. BROWN (for himself and Mr. ETERS mittee on Commerce, Science, and Transpor- PERDUE): At the request of Mr. P , the tation. S. 773. A bill to amend the Internal Rev- names of the Senator from Alaska (Ms. By Mr. BROWN (for himself and Mr. enue Code of 1986 to modify certain rules ap- MURKOWSKI) and the Senator from TILLIS): plicable to qualified small issue manufac- Vermont (Mr. SANDERS) were added as S. 764. A bill to amend title 38, United turing bonds; to the Committee on Finance. cosponsors of S. 322, a bill to protect States Code, to improve the enrollment of By Ms. HEITKAMP (for herself, Mr. victims of domestic violence, sexual as- veterans in certain courses of education, and DURBIN, Mr. FRANKEN, and Mr. BOOK- sault, stalking, and dating violence for other purposes; to the Committee on Vet- ER): from emotional and psychological erans’ Affairs. S. 774. A bill to address the psychological, By Mr. PERDUE: developmental, social, and emotional needs trauma caused by acts of violence or S. 765. A bill to amend title 18, United of children, youth, and families who have ex- threats of violence against their pets. States Code, to provide for penalties for the perienced trauma, and for other purposes; to S. 324 sale of any Purple Heart awarded to a mem- the Committee on Health, Education, Labor, At the request of Mr. HATCH, the ber of the Armed Forces; to the Committee and Pensions. name of the Senator from New Hamp- on the Judiciary. f shire (Mrs. SHAHEEN) was added as a co- By Mr. MANCHIN: sponsor of S. 324, a bill to amend title S. 766. A bill to amend titles 10 and 32, SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS 38, United States Code, to improve the United States Code, to improve and enhance provision of adult day health care serv- authorities relating to the employment, use, The following concurrent resolutions ices for veterans. status, and benefits of military technicians and Senate resolutions were read, and S. 348 (dual status), and for other purposes; to the referred (or acted upon), as indicated: Committee on Armed Services. At the request of Mr. FRANKEN, the By Mr. BENNET (for himself, Mrs. By Mr. CORNYN (for himself, Mr. name of the Senator from New York CARDIN, Mr. RUBIO, Mr. DURBIN, Mr. SHAHEEN, Mr. BOOKER, Mr. CARDIN, (Mrs. GILLIBRAND) was added as a co- Mr. SANDERS, Mr. MARKEY, Mr. MCCAIN, and Mr. MENENDEZ): S. Res. 102. A resolution reaffirming the sponsor of S. 348, a bill to amend title MERKLEY, Mr. REED, Mr. DURBIN, Mr. strategic partnership between the United XVIII of the Social Security Act to re- WHITEHOUSE, Mrs. GILLIBRAND, Mr. States and Mexico, and recognizing bilateral quire the Secretary of Health and UDALL, Ms. CORTEZ MASTO, Mr. HEIN- cooperation that advances the national secu- Human Services to negotiate lower RICH, Ms. WARREN, Mr. WYDEN, Mr. rity and national interests of both countries; FRANKEN, Ms. HASSAN, Mr. NELSON, covered part D drug prices on behalf of to the Committee on Foreign Relations. Ms. HARRIS, Mrs. MURRAY, Mr. Medicare beneficiaries. By Mr. BURR (for himself and Mr. COONS, Mrs. FEINSTEIN, Ms. KLO- S. 366 MANCHIN): BUCHAR, Mr. SCHATZ, Mr. MENENDEZ, S. Res. 103. A resolution designating March At the request of Mr. ROUNDS, the Mr. LEAHY, Mr. BLUMENTHAL, Mr. 29, 2017, as ‘‘Vietnam Veterans Day’’; consid- name of the Senator from Arkansas CARPER, Ms. HIRONO, Mr. MURPHY, ered and agreed to. (Mr. BOOZMAN) was added as a cospon- and Mr. VAN HOLLEN): sor of S. 366, a bill to require the Fed- S. 767. A bill to provide that the Executive f eral financial institutions regulatory Order entitled ‘‘Promoting Energy Independ- ADDITIONAL COSPONSORS ence and Economic Growth’’ and signed on agencies to take risk profiles and busi- March 28, 2017, shall have no force or effect, S. 29 ness models of institutions into ac- and for other purposes; to the Committee on At the request of Mr. TESTER, the count when taking regulatory actions, Environment and Public Works. name of the Senator from Michigan and for other purposes.

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.011 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2100 CONGRESSIONAL RECORD — SENATE March 29, 2017 S. 382 legal services as a critical way in chase with their subsidy in the year At the request of Mr. MENENDEZ, the which to empower survivors of domes- 2018 because of the collapsing name of the Senator from Rhode Island tic violence. ObamaCare exchange markets. (Mr. WHITEHOUSE) was added as a co- S. 722 Here is why urgent action is needed. sponsor of S. 382, a bill to require the At the request of Mr. CORKER, the There are 11 million Americans who Secretary of Health and Human Serv- names of the Senator from Minnesota buy individual insurance now on the ices to develop a voluntary registry to (Ms. KLOBUCHAR) and the Senator from Affordable Care Act exchanges. Ap- collect data on cancer incidence among Michigan (Ms. STABENOW) were added proximately 85 percent of them receive firefighters. as cosponsors of S. 722, a bill to impose a subsidy to help them buy insurance. S. 387 sanctions with respect to Iran in rela- For those who don’t like subsidies for At the request of Mr. PERDUE, the tion to Iran’s ballistic missile program, people buying insurance, I would re- name of the Senator from South Caro- support for acts of international ter- mind us that about 60 percent of in- lina (Mr. SCOTT) was added as a cospon- rorism, and violations of human rights, sured Americans get insurance on the sor of S. 387, a bill to amend the Con- and for other purposes. job, and the average tax break for peo- sumer Financial Protection Act of 2010 S. 748 ple with employer sponsored insurance is about $5,000. What we are talking to subject the Bureau of Consumer Fi- At the request of Mr. MENENDEZ, the nancial Protection to the regular ap- name of the Senator from Massachu- about is the 4 percent of insured people who don’t get insurance on the job, propriations process, and for other pur- setts (Ms. WARREN) was added as a co- poses. sponsor of S. 748, a bill to protect who don’t get it from the government and Medicare and Medicaid, and this S. 465 United States citizens and residents subsidy gives them some money to help At the request of Mr. ROUNDS, the from unlawful profiling, arrest, and de- name of the Senator from Arizona (Mr. tention, and for other purposes. them buy insurance if they are mostly low income. MCCAIN) was added as a cosponsor of S. S. 751 While these 11 million make up only 465, a bill to provide for an independent At the request of Mr. WARNER, the 4 percent of the total insured popu- outside audit of the Indian Health name of the Senator from Hawaii (Mr. lation in this country, this 4 percent is Service. SCHATZ) was added as a cosponsor of S. where much of today’s political tur- S. 469 751, a bill to amend title 54, United moil rests. At the request of Mr. SANDERS, the States Code, to establish, fund, and In the Knoxville area where I live, name of the Senator from Massachu- provide for the use of amounts in a Na- the one remaining insurance company setts (Ms. WARREN) was added as a co- tional Park Service Legacy Restora- on the Affordable Care Act exchange sponsor of S. 469, a bill to amend the tion Fund to address the maintenance has pulled out for the year 2018. So it is Federal Food, Drug, and Cosmetic Act backlog of the National Park Service, a near certainty that there will be zero to allow for the importation of afford- and for other purposes. insurance options for 40,000 Ten- able and safe drugs by wholesale dis- S. CON. RES. 6 nesseans who live there and buy their tributors, pharmacies, and individuals. At the request of Mr. BARRASSO, the insurance on the exchange. In other S. 482 names of the Senator from Wisconsin words, for approximately 34,000 Ten- At the request of Mr. THUNE, the (Mr. JOHNSON), the Senator from West nesseans living in Knoxville who rely name of the Senator from Arizona (Mr. Virginia (Mr. MANCHIN) and the Sen- on an Affordable Care Act subsidy to MCCAIN) was added as a cosponsor of S. ator from Kansas (Mr. ROBERTS) were buy health insurance, their subsidies 482, a bill to amend the Internal Rev- added as cosponsors of S. Con. Res. 6, a will be worth as much as a bus ticket enue Code of 1986 to treat certain concurrent resolution supporting the in a town with no buses running. amounts paid for physical activity, fit- Local Radio Freedom Act. There is a real prospect that the ness, and exercise as amounts paid for f same thing may happen to all 230,000 medical care. Tennesseans who buy insurance on the STATEMENTS ON INTRODUCED exchange. As I said, 85 percent of them S. 517 BILLS AND JOINT RESOLUTIONS At the request of Mrs. FISCHER, the rely on a subsidy to afford insurance; name of the Senator from Minnesota By Mr. ALEXANDER (for himself they just will not have any insurance (Mr. FRANKEN) was added as a cospon- and Mr. CORKER): policies to buy. sor of S. 517, a bill to amend the Clean S. 761. A bill to amend the Internal The decision Friday by the House of Air Act with respect to the ethanol Revenue Code of 1986 to allow individ- Representatives to not vote on the waiver for Reid vapor pressure limita- uals to receive a premium assistance health care bill changes nothing about tions under such Act. credit for insurance not purchased on the urgency of rescuing these 230,000 an Exchange, and for other purposes; to Tennesseans who buy insurance on the S. 552 the Committee on Finance. ObamaCare exchanges that our State At the request of Mr. BROWN, the Mr. ALEXANDER. Mr. President, the insurance commissioner has told us are name of the Senator from California Health Care Options Act of 2017, intro- ‘‘very near collapse.’’ (Mrs. FEINSTEIN) was added as a co- duced by Senator CORKER and me, While Congress continues its work to sponsor of S. 552, a bill to amend the would address the emergency in the enact long-term structural health re- Truth in Lending Act and the Elec- health insurance exchanges in Ten- forms, we must take immediate action tronic Fund Transfer Act to provide nessee and in other States. This legis- to help these 230,000 Tennesseans and justice to victims of fraud. lation would allow any American who millions of Americans in other States S. 595 receives a subsidy and has no insurance facing the same dire consequences. At the request of Mr. FLAKE, the available on their exchange next year This is not just a problem for Ten- name of the Senator from Missouri to use that subsidy to buy any State- nesseans. Last year, 7 percent of coun- (Mrs. MCCASKILL) was added as a co- approved insurance off the exchange. ties in the country had just one insurer sponsor of S. 595, a bill to provide U.S. Second, the legislation would waive offering plans on their Affordable Care Customs and Border Protection with the Affordable Care Act requirement Act exchange. This year, that 7 percent additional flexibility to expedite the that these Americans—who, remember, has risen to 32 percent of the counties hiring process for applicants for law have zero insurance options for their in this country having just one insurer enforcement positions, and for other subsidies—have to pay a penalty for offering plans on the Affordable Care purposes. not purchasing the insurance. Act exchange. There are five States S. 717 Third, the legislation would bring this year that have only a single in- At the request of Mr. SULLIVAN, the peace of mind between now and the be- surer offering ACA plans in their entire names of the Senator from Utah (Mr. ginning of 2018 to millions of Ameri- State—Alabama, Alaska, Oklahoma, HATCH) and the Senator from Vermont cans—some of the most vulnerable peo- South Carolina, and Wyoming. And in (Mr. LEAHY) were added as cosponsors ple in our country—who face having nine States, there is only one insurer of S. 717, a bill to promote pro bono zero options of health insurance to pur- offering ACA plans in a majority of the

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.013 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2101 counties in the States: Tennessee, This bill ‘‘would definitely be helpful for to whistleblowers from employers re- North Carolina, West Virginia, Utah, Tennessee consumers. We are in favor of any taliating against them for disclosing Nevada, Arizona, Mississippi, Missouri, legislation that improves consumer choice tax abuses. and Florida. and provides access for Tennesseans. It is To increase communication, our bill completely unacceptable for our consumers Next year, in 2018, we know the prob- to have a subsidy but no ability to purchase would specifically allow the IRS to ex- lem will be much worse. As more insur- insurance on the exchange. We support any change information with whistle- ance companies announce their plans option that avoids that result.’’ blowers where doing so would be help- for the 2018 plan year, it is very likely I yield the floor. ful to an investigation. It would fur- that more counties across the Nation ther require the IRS to provide status will face challenges similar to those in By Mr. GRASSLEY (for himself updates to whistleblowers at signifi- the Knoxville, Tennessee, area, where, and Mr. WYDEN): cant points in the review process and again, having an ObamaCare subsidy S. 762. A bill to amend the Internal allows for further updates at the dis- will be as useful as having a bus ticket Revenue Code of 1986 to reform provi- cretion of the IRS. It does this while in a town with no buses running. sions relating to whistleblowers; to the ensuring the confidentiality of this in- Now, there is a solution to this. As I Committee on Finance. formation is maintained. mentioned, the legislation that Sen- Mr. GRASSLEY. Mr. President, in Moreover, to protect whistleblowers ator CORKER and I are introducing will 2006, I was successful in enacting much from employer retaliation, our bill ex- do three things: First, it will allow needed updates to the IRS whistle- tends antiretaliation provisions to IRS Americans to use their Affordable Care blower program. Up until that time, whistleblowers that are presently af- Act subsidy—the money they are get- the program was entirely a voluntary forded to whistleblowers under other ting now—to purchase any health in- award program. There was also no cen- whistleblower laws, such as the False surance plan outside of the exchange, tral office within the IRS for handling Claims Act and Sarbanes-Oxley. as long as the insurance is approved by whistleblower claims. Given this, there Too often, whistleblowers are treated the State for sale in the individual was little incentive for whistleblowers like skunks at a picnic. This is unfor- market. That means Americans on the to step forward potentially risking tunate, as often the only way to dis- exchanges will have options to pur- their careers. cover fraud and abuse is for a whistle- chase insurance where the Affordable My 2006 amendments sought to bol- blower to step forward. It is time we Care Act has left them with none. This ster the IRS whistleblower program by roll out the welcome mat for IRS whis- option will be given to individuals who making a special program targeted at tleblowers. Our bill takes a good step live in the counties where the Sec- going after high-dollar tax cheats, such in that direction. retary of Health and Human Services as corporations. It did this by making I urge my colleagues to join Senator certifies that there are zero options on awards mandatory in cases where a WYDEN and me in supporting this com- the ACA exchange. whistleblower discloses tax fraud total- monsense legislation. Second, when the Secretary certifies ing $2 million or more. Moreover, the that there are zero insurance options 2006 amendments established the Whis- By Mr. BENNET (for himself, on the exchange, the legislation will tleblower Office within the IRS to for- Mrs. SHAHEEN, Mr. BOOKER, Mr. waive the Affordable Care Act’s re- malize and manage the program. CARDIN, Mr. SANDERS, Mr. MAR- quirement to buy a specific health plan The IRS whistleblower program has KEY, Mr. MERKLEY, Mr. REED, or pay a fine of as much as $2,000 for a turned into one of the most effective Mr. DURBIN, Mr. WHITEHOUSE, family of four. The law’s individual programs in addressing tax evasion— Mrs. GILLIBRAND, Mr. UDALL, mandate, in other words, will not apply leading to the recovery of more than $3 Ms. CORTEZ MASTO, Mr. HEIN- to these individuals. And, of course, it billion in taxes that otherwise would RICH, Ms. WARREN, Mr. WYDEN, shouldn’t. They shouldn’t be penalized have been lost to fraud. I firmly believe Mr. FRANKEN, Ms. HASSAN, Mr. for not buying insurance when there is the program has the potential to col- NELSON, Ms. HARRIS, Mrs. MUR- no insurance to buy. lect even greater sums going forward. RAY, Mr. COONS, Mrs. FEIN- The legislation’s temporary author- However, for this to occur, the IRS is STEIN, Ms. KLOBUCHAR, Mr. ity would be in place only through the going to have to completely embrace SCHATZ, Mr. MENENDEZ, Mr. end of the 2019 plan year. the program and start to view whistle- LEAHY, Mr. BLUMENTHAL, Mr. Third, I hope that this legislation blowers as their allies. CARPER, Ms. HIRONO, Mr. MUR- will provide some peace of mind for The Government Accountability Of- PHY, and Mr. VAN HOLLEN): those Knoxville area residents and fice, GAO, issued a report on the pro- S. 767. A bill to provide that the Ex- Americans in counties across the coun- gram in 2015 that expressed concerns ecutive Order entitled ‘‘Promoting En- try trapped in collapsing exchanges. that long timelines and poor commu- ergy Independence and Economic This is not a permanent solution. nication may be discouraging whistle- Growth’’ and signed on March 28, 2017, Congress has a responsibility to con- blowers. This is exactly what I have shall have no force or effect, and for tinue its work to solve this problem been hearing from whistleblowers for other purposes; to the Committee on and to give more Americans more years. Too often whistleblowers are Environment and Public Works. choices of lower cost health insurance. waiting in the dark for years with no Mr. BENNET. Mr. President, even Long term, Americans should have communication on where their claim is with all the dysfunction in Congress, the freedom to make their own choices in the system. somehow the American people continue about their family’s health care needs. While the IRS has made improve- to expect that Washington will enact But in the short term, we must act on ments in this area, I fear that without policies that bear at least some rela- behalf of 230,000 Tennesseans, some of further improvements some whistle- tionship to the challenges they face. the most vulnerable citizens in our blowers may start to question whether Unfortunately, the administration’s State, and millions of other Americans stepping forward is worth their time new Executive order on energy fails in other States who are likely to have and effort. My concern is exacerbated even that low bar. zero choices of insurance in 2018. by the fact that under current law, IRS This order will not expand energy Earlier this afternoon, the Tennessee whistleblowers have no protections production, it will not make us more insurance commissioner, Julie Mix against employer retaliation for good- energy independent, it will not create McPeak, who has testified before the faith disclosures. more American jobs, and it will also Senate and made public statements That is why I am pleased to be joined not protect us from the ravages of cli- that the Tennessee Affordable Care Act by Senator WYDEN today in intro- mate change. That last point is some- exchanges were in virtual collapse— ducing legislation that seeks to address what less surprising than the first be- what she means by that is no one will these issues. The IRS Whistleblower cause, unlike millions of Americans be selling insurance in them—issued Improvements Act would increase com- and 99 percent of scientists, this ad- this statement in support of the bill munication between the IRS and whis- ministration does not believe that cli- that Senator CORKER and I have intro- tleblowers, while protecting taxpayer mate change is real or that humankind duced. She said: privacy, and provide legal protections is contributing to it.

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.043 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2102 CONGRESSIONAL RECORD — SENATE March 29, 2017 To understand where this Executive curity. That is because in many ways President stood before a group of coal order comes from, I think it is impor- Colorado led the way in developing a miners and promised to ‘‘cancel job- tant to see where we were before this commonsense approach to expanding killing regulations’’ and ‘‘put our min- administration took office. Put simply, energy production while ensuring clean ers back to work.’’ the United States was already on track air and a healthy planet. We brought Just 2 weeks ago, I was on the West- to achieve energy independence. Our environmentalists together with the ern Slope of Colorado, a region with a country is producing a tremendous oil and gas industry to develop one of number of mining communities. These amount of low-cost energy. Since 2008, the first State limits on methane pol- communities, some of whom have solar energy production has grown lution. It became a model for the coun- helped invent hydraulic fracture and more than 50-fold, wind power is up 3- try. We passed the first voter-led re- directional drilling, know that their fold, and oil production in the United newable energy standard in the Nation, challenges have far more to do with States of America is up 75 percent. In which became a model for the country. low prices and competition from nat- fact, 5 years ago, we began producing We established our own limits on car- ural gas than from the EPA. They more oil than we import. bon pollution at the State level, and in know that their way of life and the You can see on this slide that over this process we have created 13,000 re- way of life of communities like theirs the period of time that the Obama ad- newable energy jobs, with wind jobs all across the United States require ministration was in office, oil produc- alone expected to triple by 2020. On av- real solutions to help them grow and tion rose like this, and net imports erage, these jobs pay over $50,000. This diversify their economies. These com- have gone like this—an important fact is not some Bolshevik experiment or munities get it. They understand it, considering our geopolitical situation some socialist experiment. These are but the President clearly does not. in the world. We are also now pro- manufacturing jobs in the United Just yesterday, the Wall Street Jour- ducing so much natural gas that facili- States of America, in Colorado, that nal ran this article entitled ‘‘Despite ties that were built originally to im- would not be there if it hadn’t been for Trump Move on Climate Change, Utili- port gas are now being reengineered to the policy decisions that were made in ties’ Shift from Coal Is Set to Con- export gas from the United States. I, this body and in other parts of Wash- tinue.’’ According to the article, last along with other people in this Cham- ington, DC, and the supply chain that year, power from coal plants fell while ber, have worked hard to try to make goes along with those manufactured power from natural gas rose 35 percent. sure those facilities are expedited so turbines is critically important to our Nationwide major utilities are shed- we can get the benefit of that exported economy. At the same time we were ding coal and increasing natural gas natural gas. doing all that, we preserved over 56,000 and renewables. That is the reality of Even before President Trump rode to oil and gas jobs, even as drilling has our energy market and of the global the rescue with his Executive order, slowed because of, again, abundant sup- economy, but this administration, the Wall Street Journal told us that ply, to say nothing of the jobs Colorado when it comes to energy and when it exports of natural gas could more than has created just because it is a place comes to climate, is not operating in double over the next 5 years, just based where other people would like to live. reality. It is operating amongst polit- on what we are doing already. We are They want to come to Colorado, as ical slogans. It is operating in the the- also using energy far more efficiently they want to go to Nevada, because ater of the absurd, where policies have in our homes, our appliances, and our there is a high quality of life. There is no relationship to problems, facts don’t automobiles, which is why the adminis- a lot of sunshine in both places. matter, and false promises to strug- tration’s action to reverse higher fuel I am pleased to have the chance to gling Americans are just another polit- standards last week—well, I just would work with the Senator from Nevada to ical tactic to win a cable news cycle. say, talk about a solution in search of make sure we not only extended the in- The American people deserve so a problem. That is one. vestment tax credit with respect to much better. Colorado deserves so There is not a person in Colorado solar, but we put language in there to- much better than that. That is why who said to me: Michael, do you know gether—Republicans and Democrats to- today I am introducing a bill alongside what we ought to do? We ought to re- gether—to create an idea that those more than 30 Senators to rescind this duce the fuel efficiency standards on credits would kick in at the beginning disastrous order, protect American automobiles. We ought to create a reg- of construction, not having to wait jobs, and preserve our path toward en- ulatory environment where the United until the end. That has made a big dif- ergy independence. The stakes could States can’t sell competitive auto- ference to our solar industry. not be higher for our kids, our planet, mobiles in the world. Nobody has said Long ago, the State of Colorado and, and our economy. We cannot let this that because not only are they con- I would say, many other States have stand. cerned about climate, they are con- broken past the false choice between f cerned that we lead the world when it our economy and the environment. SUBMITTED RESOLUTIONS comes to innovation. And that order, That is the course we have charted in just like a budget that cuts the EPA by Colorado, and if the President were se- 30 percent, that targets the climate sci- rious about energy independence, he SENATE RESOLUTION 102—RE- entists at the EPA, that targets the would support that approach. Instead, AFFIRMING THE STRATEGIC satellites that are above our heads so he is trying to undermine it with this PARTNERSHIP BETWEEN THE that we can’t see what is happening on new order. By undoing national stand- UNITED STATES AND MEXICO, our planet—this is all so we can perpet- ards for carbon pollution, the order AND RECOGNIZING BILATERAL uate a willful view that climate change threatens to undercut our thriving COOPERATION THAT ADVANCES doesn’t exist, and it is the same thing clean energy industry. There are 465 THE NATIONAL SECURITY AND with this Executive order. solar and wind businesses across our NATIONAL INTERESTS OF BOTH All of the trends that are in place State supporting over $8 billion in in- COUNTRIES right now—right before this adminis- vestments. By retreating from the Mr. CORNYN (for himself, Mr. tration took office—have combined to fight against climate change, the order CARDIN, Mr. RUBIO, Mr. DURBIN, Mr. reduce our reliance on foreign energy recklessly endangers Colorado’s $646 MCCAIN, and Mr. MENENDEZ) submitted in recent years, even as our economy billion outdoor recreation industry, the following resolution; which was re- has grown and average prices at the not to mention the health of our na- ferred to the Committee on Foreign pump, because of the abundant supply, tional forests that line the banks of Relations: remain under $2.30. We are just a few some of the most vital watersheds in S. RES. 102 years away from exporting as much oil America. As the President targets our environ- Whereas the people of United States and and gas as we import. That is impor- Mexico enjoy shared cultural and economic tant for our country. ment and clean energy economy with ties and both nations share common values Colorado has been a huge part of this Executive order, he has dressed it based on the desire to achieve peace, secu- America’s growing energy independ- up as something good for jobs, as he did rity, and prosperity in their respective coun- ence and, by extension, our national se- during the campaign. Yesterday, the tries;

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G29MR6.040 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2103 Whereas the Governments of the United and educational exchanges: Now, therefore, Forces troops in Vietnam of approximately States and Mexico engage in bilateral co- be it 549,500 troops was reached, including United operation on a broad range of issues that di- Resolved, That the Senate— States Armed Forces members supporting rectly benefits each country’s national secu- (1) reaffirms the strategic partnership be- the combat operations from Thailand, Cam- rity and national interests; tween the United States and Mexico, which bodia, Laos, and aboard Navy vessels; Whereas the United States and Mexico is vital for the national security and eco- Whereas, on January 27, 1973, the Agree- enjoy close diplomatic cooperation and Mex- nomic well-being of both nations; ment on Ending the War in Vietnam and Re- ico has consistently voted with the United (2) supports continued diplomatic, eco- storing Peace (commonly known as the States at the United Nations on challenges nomic, and security cooperation between the ‘‘Paris Peace Accords’’) was signed, which re- related to Syria, North Korea, and Ukraine, United States and Mexico, including under- quired the release of all United States pris- as well as at the Organization of American taking joint efforts to address the common oners-of-war held in North Vietnam and the States on issues related to Venezuela; security challenges and opportunities for im- withdrawal of all United States Armed Whereas Mexico is an important security proved commerce that exist across their Forces from South Vietnam; and defense partner to the United States, nearly 2,000 mile border; Whereas, on March 29, 1973, the United and regularly participates in training activi- (3) encourages enhanced security coopera- States Armed Forces completed the with- ties in coordination with United States tion between the United States and Mexican drawal of combat units and combat support Northern Command (NORTHCOM) and the militaries and law enforcement agencies to units from South Vietnam; North American Aerospace Defense Com- address common challenges such as counter- Whereas, on April 30, 1975, North Viet- mand (NORAD); terrorism and counternarcotics, including namese regular forces captured Saigon, the Whereas consecutive United States and the increased trafficking of heroin and capital of South Vietnam, effectively placing Mexican administrations have increased bi- fentanyl; South Vietnam under Communist control; lateral defense and law enforcement coopera- (4) commits to continue the United States Whereas more than 58,000 members of the tion on counterterrorism and counter- Government’s partnership with the Govern- United States Armed Forces lost their lives narcotics issues, including the illicit traf- ment of Mexico to combat the transnational in the Vietnam War, and more than 300,000 ficking of weapons, money, people, and drugs criminal organizations that are undermining members of the United States Armed Forces across the United States Southern Border; the rule of law in Mexico and projecting were wounded in Vietnam; Whereas the Government of Mexico has their influence in the form of illicit traf- Whereas, in 1982, the Vietnam Veterans utilized its military and Federal Police to ficking of weapons, money, people, and drugs Memorial was dedicated in the District of combat the transnational criminal organiza- across the United States Southern Border; Columbia to commemorate the members of tions that have waged campaigns of ruthless (5) supports efforts by the Government of the United States Armed Forces who died or violence against the Mexican people and Mexico to strengthen the rule of law, reduce were declared missing-in-action in Vietnam; trafficked an immeasurable quantity of ille- corruption, and advance civil and human Whereas the Vietnam War was an ex- gal drugs into the United States that have rights; and tremely divisive issue among the people of taken the lives of far too many Americans; (6) remains committed to a relationship the United States and a conflict that caused Whereas the administration of President between the United States and Mexico that a generation of veterans to wait too long for Enrique Pen˜ a Nieto has extradited more is based on mutual respect and the pro- the United States public to acknowledge and than 270 individuals facing criminal charges motion of shared democratic values and honor the efforts and services of those vet- to the United States, including Joaquin ‘‘El principles. erans; Chapo’’ Guzman on January 19, 2017; f Whereas members of the United States Armed Forces who served bravely and faith- Whereas the Government of Mexico has SENATE RESOLUTION 103—DESIG- initiated an effort to reduce the growing do- fully for the United States during the Viet- mestic production of heroin through the NATING MARCH 29, 2017, AS nam War were often wrongly criticized for eradication of poppy and destruction of labs ‘‘VIETNAM VETERANS DAY’’ the decisions of policymakers that were be- used to make heroin; Mr. BURR (for himself and Mr. yond the control of those members of the Whereas Mexico has sought to improve United States Armed Forces; and MANCHIN) submitted the following reso- Whereas designating March 29, 2017, as anti-corruption efforts at the local, State, lution; which was considered and and Federal level by adopting a national ‘‘Vietnam Veterans Day’’ would be an appro- anticorruption system and starting a transi- agreed to: priate way to honor the members of the tion from a presidentially appointed attor- S. RES. 103 United States Armed Forces who served in ney general’s office to a more independent Whereas the Vietnam War was fought in South Vietnam and throughout Southeast prosecutor general’s office selected by the the Republic of Vietnam from 1955 to 1975 Asia during the Vietnam War: Now, there- Mexican Senate; and involved regular forces from the Demo- fore, be it Whereas, through the Merida Initiative, cratic Republic of Vietnam and Viet Cong Resolved, That the Senate— which was launched in 2008, the Governments guerrilla forces in armed conflict with the (1) designates March 29, 2017, as ‘‘Vietnam of the United States and Mexico have col- United States Armed Forces, the armed Veterans Day’’; laborated to combat organized crime, forces of allies of the United States, and the (2) honors and recognizes the contributions strengthen the rule of law, advance judicial armed forces of the Republic of Vietnam; of veterans who served in the United States reform, and address challenges to human Whereas the United States Armed Forces Armed Forces in Vietnam or in support of rights in Mexico, including the involvement became involved in Vietnam because the operations in Vietnam during war and during of security forces in extrajudicial killings of United States Government wanted to provide peace; civilians, the disappearances of more than direct support by the Armed Forces to the (3) encourages States and local govern- 23,000 individuals, and the unresolved forced Government of the Republic of Vietnam to ments to designate March 29, 2017, as ‘‘Viet- disappearance of 43 students in Guerrero defend against the growing threat of Com- nam Veterans Day’’; and State in 2014; munism from the Democratic Republic of (4) encourages the people of the United Whereas the Governments of the United Vietnam; States to observe Vietnam Veterans Day States and Mexico collaborate on a broad Whereas members of the United States with appropriate ceremonies and activities range of initiatives to strengthen the bilat- Armed Forces began serving in an advisory that— eral commercial and economic relationship, role to the Government of South Vietnam in (A) provide the appreciation that veterans including the ongoing High Level Economic 1955; of the Vietnam War deserve; Dialogue, launched in 2013 to bring together Whereas as a result of the Gulf of Tonkin (B) demonstrate the resolve that the peo- cabinet officials from both countries to pro- incidents on August 2 and 4, 1964, Congress ple of the United States shall never forget mote economic growth, job creation, a mod- overwhelmingly passed the Gulf of Tonkin the sacrifices and service of a generation of ern and efficient border, and competitive- Resolution (Public Law 88–408) on August 7, veterans who served in the Vietnam War; ness; 1964, which provided to the President of the (C) promote awareness of the faithful serv- Whereas the United States and Mexico con- United States the authority to use armed ice and contributions of the veterans of the ducted $583,600,000,000 in trade in goods and force to assist the Republic of Vietnam in Vietnam War— services in 2015, according to the Office of the defense of its freedom against the Demo- (i) during service in the United States the U.S. Trade Representative; cratic Republic of Vietnam; Armed Forces; and Whereas Mexico is the United States’ sec- Whereas, in 1965, United States Armed (ii) to the communities of the veterans ond largest export market and third largest Forces ground combat units arrived in the since returning home; trading partner; Republic of Vietnam to join an already (D) promote awareness of the importance Whereas trade with Mexico and Canada present 23,000 United States Armed Forces of entire communities empowering veterans supports nearly 14,000,000 United States jobs; personnel; and the families of veterans in helping the and Whereas, by September 1965, there were be- veterans readjust to civilian life after serv- Whereas United States and Mexican citi- tween 150,000 and 190,000 United States ice in the United States Armed Forces; and zens collaborate on a broad range of initia- Armed Forces troops in Vietnam, and by (E) promote opportunities for veterans of tives to foster entrepreneurship, innovation, 1969, a peak number of United States Armed the Vietnam War—

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.019 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2104 CONGRESSIONAL RECORD — SENATE March 29, 2017 (i) to assist younger veterans returning Sec. 302. Commercial weather data. 101, including the boundary layer and other from the wars in Iraq and Afghanistan in re- Sec. 303. Unnecessary duplication. processes affecting high impact weather habilitation from wounds, both seen and un- TITLE IV—FEDERAL WEATHER events. seen; and COORDINATION (2) Improving the understanding of how the (ii) to support the reintegration of younger Sec. 401. Environmental Information Serv- public receives, interprets, and responds to veterans into civilian life. ices Working Group. warnings and forecasts of high impact f Sec. 402. Interagency weather research and weather events that endanger life and prop- forecast innovation coordina- erty. AMENDMENTS SUBMITTED AND tion. (3) Research and development, and transfer PROPOSED Sec. 403. Office of Oceanic and Atmospheric of knowledge, technologies, and applications to the National Weather Service and other SA 204. Mr. MCCONNELL (for Mr. THUNE Research and National Weather appropriate agencies and entities, including for himself, Mr. SCHATZ, and Mr. NELSON)) Service exchange program. the United States weather industry and aca- proposed an amendment to the bill H.R. 353, Sec. 404. Visiting fellows at National Weath- demic partners, related to— to improve the National Oceanic and Atmos- er Service. Sec. 405. Warning coordination meteorolo- (A) advanced radar, radar networking tech- pheric Administration’s weather research nologies, and other ground-based tech- through a focused program of investment on gists at weather forecast offices of National Weather Service. nologies, including those emphasizing rapid, affordable and attainable advances in obser- fine-scale sensing of the boundary layer and vational, computing, and modeling capabili- Sec. 406. Improving National Oceanic and Atmospheric Administration lower troposphere, and the use of innovative, ties to support substantial improvement in dual-polarization, phased-array technologies; weather forecasting and prediction of high communication of hazardous weather and water events. (B) aerial weather observing systems; impact weather events, to expand commer- (C) high performance computing and infor- cial opportunities for the provision of weath- Sec. 407. National Oceanic and Atmospheric Administration Weather Ready mation technology and wireless communica- er data, and for other purposes. tion networks; SA 205. Mr. MCCONNELL (for Ms. CANT- All Hazards Award Program. Sec. 408. Department of Defense weather (D) advanced numerical weather prediction WELL) proposed an amendment to amend- forecasting activities. systems and forecasting tools and techniques ment SA 204 proposed by Mr. MCCONNELL (for Sec. 409. National Weather Service; oper- that improve the forecasting of timing, Mr. THUNE) to the bill H.R. 353, supra. ations and workforce analysis. track, intensity, and severity of high impact f Sec. 410. Report on contract positions at Na- weather, including through— TEXT OF AMENDMENTS tional Weather Service. (i) the development of more effective Sec. 411. Weather impacts to communities mesoscale models; SA 204. Mr. MCCONNELL (for Mr. and infrastructure. (ii) more effective use of existing, and the THUNE) proposed an amendment to the Sec. 412. Weather enterprise outreach. development of new, regional and national bill H.R. 353, to improve the National Sec. 413. Hurricane hunter aircraft. cloud-resolving models; Oceanic and Atmospheric Administra- Sec. 414. Study on gaps in NEXRAD cov- (iii) enhanced global weather models; and tion’s weather research through a fo- erage and recommendations to (iv) integrated assessment models; address such gaps. (E) quantitative assessment tools for meas- cused program of investment on afford- SEC. 2. DEFINITIONS. uring the impact and value of data and ob- able and attainable advances in obser- In this Act: serving systems, including Observing System vational, computing, and modeling ca- (1) SEASONAL.—The term ‘‘seasonal’’ means Simulation Experiments (as described in sec- pabilities to support substantial im- the time range between 3 months and 2 tion 107), Observing System Experiments, provement in weather forecasting and years. and Analyses of Alternatives; prediction of high impact weather (2) STATE.—The term ‘‘State’’ means a (F) atmospheric chemistry and inter- events, to expand commercial opportu- State, a territory, or possession of the actions essential to accurately character- United States, including a Commonwealth, izing atmospheric composition and pre- nities for the provision of weather dicting meteorological processes, including data, and for other purposes; as fol- or the District of Columbia. (3) SUBSEASONAL.—The term ‘‘subseasonal’’ cloud microphysical, precipitation, and at- lows: means the time range between 2 weeks and 3 mospheric electrification processes, to more Strike all after the enacting clause and in- months. effectively understand their role in severe sert the following: (4) UNDER SECRETARY.—The term ‘‘Under weather; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Secretary’’ means the Under Secretary of (G) additional sources of weather data and (a) SHORT TITLE.—This Act may be cited as Commerce for Oceans and Atmosphere. information, including commercial observing the ‘‘Weather Research and Forecasting In- (5) WEATHER INDUSTRY AND WEATHER ENTER- systems. novation Act of 2017’’. PRISE.—The terms ‘‘weather industry’’ and (4) A technology transfer initiative, carried (b) TABLE OF CONTENTS.—The table of con- ‘‘weather enterprise’’ are interchangeable in out jointly and in coordination with the Di- tents for this Act is as follows: this Act, and include individuals and organi- rector of the National Weather Service, and Sec. 1. Short title; table of contents. zations from public, private, and academic in cooperation with the United States weath- Sec. 2. Definitions. sectors that contribute to the research, de- er industry and academic partners, to ensure TITLE I—UNITED STATES WEATHER RE- velopment, and production of weather fore- continuous development and transition of SEARCH AND FORECASTING IMPROVE- cast products, and primary consumers of the latest scientific and technological ad- MENT these weather forecast products. vances into operations of the National Weather Service and to establish a process to Sec. 101. Public safety priority. TITLE I—UNITED STATES WEATHER RE- sunset outdated and expensive operational Sec. 102. Weather research and forecasting SEARCH AND FORECASTING IMPROVE- methods and tools to enable cost-effective innovation. MENT Sec. 103. Tornado warning improvement and transfer of new methods and tools into oper- SEC. 101. PUBLIC SAFETY PRIORITY. ations. extension program. In conducting research, the Under Sec- Sec. 104. Hurricane forecast improvement (c) EXTRAMURAL RESEARCH.— retary shall prioritize improving weather (1) IN GENERAL.—In carrying out the pro- program. data, modeling, computing, forecasting, and Sec. 105. Weather research and development gram under this section, the Assistant Ad- warnings for the protection of life and prop- planning. ministrator for Oceanic and Atmospheric Re- erty and for the enhancement of the national Sec. 106. Observing system planning. search shall collaborate with and support the Sec. 107. Observing system simulation ex- economy. non-Federal weather research community, periments. SEC. 102. WEATHER RESEARCH AND FORE- which includes institutions of higher edu- Sec. 108. Annual report on computing re- CASTING INNOVATION. cation, private entities, and nongovern- sources prioritization. (a) PROGRAM.—The Assistant Adminis- mental organizations, by making funds Sec. 109. United States Weather Research trator for the Office of Oceanic and Atmos- available through competitive grants, con- program. pheric Research shall conduct a program to tracts, and cooperative agreements. Sec. 110. Authorization of appropriations. develop improved understanding of and fore- (2) SENSE OF CONGRESS.—It is the sense of TITLE II—SUBSEASONAL AND SEASONAL cast capabilities for atmospheric events and Congress that not less than 30 percent of the FORECASTING INNOVATION their impacts, placing priority on developing funds for weather research and development more accurate, timely, and effective warn- at the Office of Oceanic and Atmospheric Re- Sec. 201. Improving subseasonal and sea- ings and forecasts of high impact weather sonal forecasts. search should be made available for the pur- events that endanger life and property. pose described in paragraph (1). TITLE III—WEATHER SATELLITE AND (b) PROGRAM ELEMENTS.—The program de- (d) ANNUAL REPORT.—Each year, concur- DATA INNOVATION scribed in subsection (a) shall focus on the rent with the annual budget request sub- Sec. 301. National Oceanic and Atmospheric following activities: mitted by the President to Congress under Administration satellite and (1) Improving the fundamental under- section 1105 of title 31, United States Code, data management. standing of weather consistent with section for the National Oceanic and Atmospheric

VerDate Sep 11 2014 03:21 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD17\MARCH\S29MR7.REC S29MR7 March 29, 2017 CONGRESSIONAL RECORD — SENATE S2105 Administration, the Under Secretary shall National Oceanic and Atmospheric Adminis- including potential impacts on extreme submit to Congress a description of current tration in carrying out the program con- weather events across all parts of the Na- and planned activities under this section. ducted under section 102; tion; SEC. 103. TORNADO WARNING IMPROVEMENT (2) identifies and prioritizes specific re- (2) evaluate and compare observing system AND EXTENSION PROGRAM. search and development activities, and per- design options; and (a) IN GENERAL.—The Under Secretary, in formance metrics, weighted to meet the (3) assess the relative capabilities and collaboration with the United States weath- operational weather mission of the National costs of various observing systems and com- er industry and academic partners, shall es- Weather Service to achieve a weather-ready binations of observing systems in providing tablish a tornado warning improvement and Nation; data necessary to protect life and property. extension program. (3) describes how the program will collabo- (c) IMPLEMENTATION.—Observing System (b) GOAL.—The goal of such program shall rate with stakeholders, including the United Simulation Experiments— be to reduce the loss of life and economic States weather industry and academic part- (1) shall be conducted prior to the acquisi- losses from tornadoes through the develop- ners; and tion of major Government-owned or Govern- ment and extension of accurate, effective, (4) identifies, through consultation with ment-leased operational observing systems, and timely tornado forecasts, predictions, the National Science Foundation, the United including polar-orbiting and geostationary and warnings, including the prediction of States weather industry, and academic part- satellite systems, with a lifecycle cost of tornadoes beyond 1 hour in advance. ners, research necessary to enhance the inte- more than $500,000,000; and (c) PROGRAM PLAN.—Not later than 180 gration of social science knowledge into (2) shall be conducted prior to the purchase days after the date of the enactment of this weather forecast and warning processes, in- of any major new commercially provided Act, the Assistant Administrator for Oceanic cluding to improve the communication of data with a lifecycle cost of more than and Atmospheric Research, in coordination threat information necessary to enable im- $500,000,000. with the Director of the National Weather proved severe weather planning and decision- (d) PRIORITY OBSERVING SYSTEM SIMULA- Service, shall develop a program plan that making on the part of individuals and com- TION EXPERIMENTS.— details the specific research, development, munities. (1) GLOBAL NAVIGATION SATELLITE SYSTEM and technology transfer activities, as well as SEC. 106. OBSERVING SYSTEM PLANNING. RADIO OCCULTATION.—Not later than 30 days corresponding resources and timelines, nec- The Under Secretary shall— after the date of the enactment of this Act, essary to achieve the program goal. (1) develop and maintain a prioritized list the Assistant Administrator for Oceanic and (d) ANNUAL BUDGET FOR PLAN SUBMITTAL.— of observation data requirements necessary Atmospheric Research shall complete an Ob- Following completion of the plan, the Under to ensure weather forecasting capabilities to serving System Simulation Experiment to Secretary, acting through the Assistant Ad- protect life and property to the maximum assess the value of data from Global Naviga- ministrator for Oceanic and Atmospheric Re- extent practicable; tion Satellite System Radio Occultation. EOSTATIONARY HYPERSPECTRAL SOUND- search and in coordination with the Director (2) consistent with section 107, utilize Ob- (2) G ER GLOBAL CONSTELLATION.—Not later than of the National Weather Service, shall, not serving System Simulation Experiments, Ob- 120 days after the date of the enactment of less frequently than once each year, submit serving System Experiments, Analyses of Al- this Act, the Assistant Administrator for to Congress a proposed budget corresponding ternatives, and other appropriate assessment Oceanic and Atmospheric Research shall with the activities identified in the plan. tools to ensure continuous systemic evalua- complete an Observing System Simulation SEC. 104. HURRICANE FORECAST IMPROVEMENT tions of the observing systems, data, and in- Experiment to assess the value of data from PROGRAM. formation needed to meet the requirements a geostationary hyperspectral sounder global (a) IN GENERAL.—The Under Secretary, in of paragraph (1), including options to maxi- constellation. collaboration with the United States weath- mize observational capabilities and their (e) RESULTS.—Upon completion of all Ob- er industry and such academic entities as cost-effectiveness; serving System Simulation Experiments, the the Administrator considers appropriate, (3) identify current and potential future Assistant Administrator shall make avail- shall maintain a project to improve hurri- data gaps in observing capabilities related to able to the public the results an assessment cane forecasting. the requirements listed under paragraph (1); of related private and public sector weather (b) GOAL.—The goal of the project main- and data sourcing options, including their avail- tained under subsection (a) shall be to de- (4) determine a range of options to address ability, affordability, and cost-effectiveness. velop and extend accurate hurricane fore- gaps identified under paragraph (3). Such assessments shall be developed in ac- casts and warnings in order to reduce loss of SEC. 107. OBSERVING SYSTEM SIMULATION EX- cordance with section 50503 of title 51, United life, injury, and damage to the economy, PERIMENTS. States Code. with a focus on— (a) IN GENERAL.—In support of the require- SEC. 108. ANNUAL REPORT ON COMPUTING RE- (1) improving the prediction of rapid inten- ments of section 106, the Assistant Adminis- SOURCES PRIORITIZATION. sification and track of hurricanes; trator for Oceanic and Atmospheric Research Not later than 1 year after the date of the (2) improving the forecast and communica- shall undertake Observing System Simula- enactment of this Act and not less fre- tion of storm surges from hurricanes; and tion Experiments, or such other quantitative quently than once each year thereafter, the (3) incorporating risk communication re- assessments as the Assistant Administrator Under Secretary, acting through the Chief search to create more effective watch and considers appropriate, to quantitatively as- Information Officer of the National Oceanic warning products. sess the relative value and benefits of observ- and Atmospheric Administration and in co- (c) PROJECT PLAN.—Not later than 1 year ing capabilities and systems. Technical and ordination with the Assistant Administrator after the date of the enactment of this Act, scientific Observing System Simulation Ex- for Oceanic and Atmospheric Research and the Under Secretary, acting through the As- periment evaluations— the Director of the National Weather Serv- sistant Administrator for Oceanic and At- (1) may include assessments of the impact ice, shall produce and make publicly avail- mospheric Research and in consultation with of observing capabilities on— able a report that explains how the Under the Director of the National Weather Serv- (A) global weather prediction; Secretary intends— ice, shall develop a plan for the project (B) hurricane track and intensity fore- (1) to continually support upgrades to pur- maintained under subsection (a) that details casting; sue the fastest, most powerful, and cost-ef- the specific research, development, and tech- (C) tornado warning lead times and accu- fective high performance computing tech- nology transfer activities, as well as cor- racy; nologies in support of its weather prediction responding resources and timelines, nec- (D) prediction of mid-latitude severe local mission; essary to achieve the goal set forth in sub- storm outbreaks; and (2) to ensure a balance between the re- section (b). (E) prediction of storms that have the po- search to operations requirements to develop SEC. 105. WEATHER RESEARCH AND DEVELOP- tential to cause extreme precipitation and the next generation of regional and global MENT PLANNING. flooding lasting from 6 hours to 1 week; and models as well as highly reliable operational Not later than 1 year after the date of the (2) shall be conducted in cooperation with models; enactment of this Act, and not less fre- other appropriate entities within the Na- (3) to take advantage of advanced develop- quently than once each year thereafter, the tional Oceanic and Atmospheric Administra- ment concepts to, as appropriate, make next Under Secretary, acting through the Assist- tion, other Federal agencies, the United generation weather prediction models avail- ant Administrator for Oceanic and Atmos- States weather industry, and academic part- able in beta-test mode to operational fore- pheric Research and in coordination with the ners to ensure the technical and scientific casters, the United States weather industry, Director of the National Weather Service merit of results from Observing System Sim- and partners in academic and Government and the Assistant Administrator for Sat- ulation Experiments or other appropriate research; and ellite and Information Services, shall issue a quantitative assessment methodologies. (4) to use existing computing resources to research and development and research to (b) REQUIREMENTS.—Observing System improve advanced research and operational operations plan to restore and maintain Simulation Experiments shall quan- weather prediction. United States leadership in numerical titatively— SEC. 109. UNITED STATES WEATHER RESEARCH weather prediction and forecasting that— (1) determine the potential impact of pro- PROGRAM. (1) describes the forecasting skill and tech- posed space-based, suborbital, and in situ ob- Section 108 of the Oceanic and Atmos- nology goals, objectives, and progress of the serving systems on analyses and forecasts, pheric Administration Authorization Act of

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.023 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2106 CONGRESSIONAL RECORD — SENATE March 29, 2017 1992 (Public Law 102–567; 15 U.S.C. 313 note) is TITLE II—SUBSEASONAL AND SEASONAL the forecasts and information throughout amended— FORECASTING INNOVATION the State, including to county and tribal (1) in subsection (a)— SEC. 201. IMPROVING SUBSEASONAL AND SEA- governments; and (A) in paragraph (3), by striking ‘‘; and’’ SONAL FORECASTS. ‘‘(B) require matching funds of at least 50 and inserting a semicolon; Section 1762 of the Food Security Act of percent, from the State, a university, a non- (B) in paragraph (4), by striking the period 1985 (Public Law 99–198; 15 U.S.C. 313 note) is governmental organization, a trade associa- at the end and inserting a semicolon; and amended— tion, or the private sector. (C) by inserting after paragraph (4) the fol- (1) in subsection (a), by striking ‘‘(a)’’ and ‘‘(3) LIMITATION.—Assistance to an indi- lowing: inserting ‘‘(a) FINDINGS.—’’; vidual State under this subsection shall not ‘‘(5) submit to the Committee on Com- (2) in subsection (b), by striking ‘‘(b)’’ and exceed $100,000 in a fiscal year. merce, Science, and Transportation of the inserting ‘‘(b) POLICY.—’’; and ‘‘(g) COOPERATION FROM OTHER FEDERAL Senate and the Committee on Science, (3) by adding at the end the following: Space, and Technology of the House of Rep- ‘‘(c) FUNCTIONS.—The Under Secretary, AGENCIES.—Each Federal department and resentatives, not less frequently than once acting through the Director of the National agency shall cooperate as appropriate with each year, a report, including— Weather Service and the heads of such other the Under Secretary in carrying out this sec- ‘‘(A) a list of ongoing research projects; programs of the National Oceanic and At- tion. mospheric Administration as the Under Sec- ‘‘(B) project goals and a point of contact ‘‘(h) REPORTS.— retary considers appropriate, shall— for each project; ‘‘(1) IN GENERAL.—Not later than 18 months ‘‘(1) collect and utilize information in ‘‘(C) the five projects related to weather after the date of the enactment of the observations, short-term weather, or subsea- order to make usable, reliable, and timely foundational forecasts of subseasonal and Weather Research and Forecasting Innova- sonal forecasts within Office of Oceanic and tion Act of 2017, the Under Secretary shall Atmospheric Research that are closest to seasonal temperature and precipitation; ‘‘(2) leverage existing research and models submit to the Committee on Commerce, operationalization; Science, and Transportation of the Senate ‘‘(D) for each project referred to in sub- from the weather enterprise to improve the forecasts under paragraph (1); and the Committee on Science, Space, and paragraph (C)— Technology of the House of Representatives ‘‘(i) the potential benefit; ‘‘(3) determine and provide information on how the forecasted conditions under para- a report, including— ‘‘(ii) any barrier to operationalization; and ‘‘(A) an analysis of the how information ‘‘(iii) the plan for operationalization, in- graph (1) may impact— from the National Oceanic and Atmospheric cluding which line office will financially sup- ‘‘(A) the number and severity of droughts, Administration on subseasonal and seasonal port the project and how much the line office fires, tornadoes, hurricanes, floods, heat forecasts, as provided under subsection (c), is intends to spend; waves, coastal inundation, winter storms, utilized in public planning and preparedness; ‘‘(6) establish teams with staff from the Of- high impact weather, or other relevant nat- ‘‘(B) specific plans and goals for the contin- fice of Oceanic and Atmospheric Research ural disasters; ued development of the subseasonal and sea- and the National Weather Service to oversee ‘‘(B) snowpack; and sonal forecasts and related products de- the operationalization of research products ‘‘(C) sea ice conditions; and scribed in subsection (c); and developed by the Office of Oceanic and At- ‘‘(4) develop an Internet clearinghouse to ‘‘(C) an identification of research, moni- mospheric Research; provide the forecasts under paragraph (1) and toring, observing, and forecasting require- ‘‘(7) develop mechanisms for research pri- the information under paragraphs (1) and (3) orities of the Office of Oceanic and Atmos- on both national and regional levels. ments to meet the goals described in sub- pheric Research to be informed by the rel- ‘‘(d) COMMUNICATION.—The Director of the paragraph (B). evant line offices within the National Oce- National Weather Service shall provide the ‘‘(2) CONSULTATION.—In developing the re- anic and Atmospheric Administration, the forecasts under paragraph (1) of subsection port under paragraph (1), the Under Sec- relevant user community, and the weather (c) and the information on their impacts retary shall consult with relevant Federal, enterprise; under paragraph (3) of such subsection to the regional, State, tribal, and local government public, including public and private entities ‘‘(8) develop an internal mechanism to agencies, research institutions, and the pri- engaged in planning and preparedness, such track the progress of each research project vate sector. as National Weather Service Core partners within the Office of Oceanic and Atmos- ‘‘(i) DEFINITIONS.—In this section: at the Federal, regional, State, tribal, and pheric Research and mechanisms to termi- local levels of government. ‘‘(1) FOUNDATIONAL FORECAST.—The term nate a project that is not adequately pro- ‘‘(e) COOPERATION.—The Under Secretary ‘foundational forecast’ means basic weather gressing; shall build upon existing forecasting and as- observation and forecast data, largely in raw ‘‘(9) develop and implement a system to sessment programs and partnerships, includ- form, before further processing is applied. track whether extramural research grant ing— ‘‘(2) NATIONAL WEATHER SERVICE CORE PART- goals were accomplished; ‘‘(1) by designating research and moni- NERS.—The term ‘National Weather Service ‘‘(10) provide facilities for products devel- toring activities related to subseasonal and core partners’ means government and non- oped by the Office of Oceanic and Atmos- seasonal forecasts as a priority in one or government entities which are directly in- pheric Research to be tested in operational more solicitations of the Cooperative Insti- volved in the preparation or dissemination simulations, such as test beds; and tutes of the Office of Oceanic and Atmos- of, or discussions involving, hazardous ‘‘(11) encourage academic collaboration pheric Research; weather or other emergency information put with the Office of Oceanic and Atmospheric ‘‘(2) by contributing to the interagency out by the National Weather Service. Research and the National Weather Service Earth System Prediction Capability; and ‘‘(3) SEASONAL.—The term ‘seasonal’ means by facilitating visiting scholars.’’; ‘‘(3) by consulting with the Secretary of the time range between 3 months and 2 (2) in subsection (b), in the matter pre- Defense and the Secretary of Homeland Se- years. ceding paragraph (1), by striking ‘‘Not later curity to determine the highest priority sub- ‘‘(4) STATE.—The term ‘State’ means a than 90 days after the date of enactment of seasonal and seasonal forecast needs to en- State, a territory, or possession of the this Act, the’’ and inserting ‘‘The’’; and hance national security. United States, including a Commonwealth, (3) by adding at the end the following new ‘‘(f) FORECAST COMMUNICATION COORDINA- or the District of Columbia. subsection: TORS.— ‘‘(5) SUBSEASONAL.—The term ‘subseasonal’ ‘‘(c) SUBSEASONAL DEFINED.—In this sec- ‘‘(1) IN GENERAL.—The Under Secretary means the time range between 2 weeks and 3 tion, the term ‘subseasonal’ means the time shall foster effective communication, under- months. range between 2 weeks and 3 months.’’. standing, and use of the forecasts by the in- ‘‘(6) UNDER SECRETARY.—The term ‘Under SEC. 110. AUTHORIZATION OF APPROPRIATIONS. tended users of the information described in Secretary’ means the Under Secretary of (a) FISCAL YEARS 2017 AND 2018.—For each subsection (d). This may include assistance Commerce for Oceans and Atmosphere. of fiscal years 2017 and 2018, there are author- to States for forecast communication coordi- ‘‘(7) WEATHER INDUSTRY AND WEATHER EN- ized to be appropriated to Office of Oceanic nators to enable local interpretation and TERPRISE.—The terms ‘weather industry’ and and Atmospheric Research— planning based on the information. ‘weather enterprise’ are interchangeable in (1) $111,516,000 to carry out this title, of ‘‘(2) REQUIREMENTS.—For each State that this section and include individuals and or- which— requests assistance under this subsection, ganizations from public, private, and aca- (A) $85,758,000 is authorized for weather the Under Secretary may— demic sectors that contribute to the re- laboratories and cooperative institutes; and ‘‘(A) provide funds to support an individual search, development, and production of (B) $25,758,000 is authorized for weather and in that State— weather forecast products, and primary con- air chemistry research programs; and ‘‘(i) to serve as a liaison among the Na- sumers of these weather forecast products. (2) an additional amount of $20,000,000 for tional Oceanic and Atmospheric Administra- the joint technology transfer initiative de- tion, other Federal departments and agen- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— scribed in section 102(b)(4). cies, the weather enterprise, the State, and For each of fiscal years 2017 and 2018, there (b) LIMITATION.—No additional funds are relevant interests within that State; and are authorized out of funds appropriated to authorized to carry out this title and the ‘‘(ii) to receive the forecasts and informa- the National Weather Service, $26,500,000 to amendments made by this title. tion under subsection (c) and disseminate carry out the activities of this section.’’.

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.023 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2107 TITLE III—WEATHER SATELLITE AND Academy of Sciences under this subsection, Transportation of the Senate and the Com- DATA INNOVATION the National Academy of Sciences shall con- mittee on Science, Space, and Technology of SEC. 301. NATIONAL OCEANIC AND ATMOS- duct a study on matters concerning future the House of Representatives a strategy to PHERIC ADMINISTRATION SAT- satellite data needs. enable the procurement of quality commer- ELLITE AND DATA MANAGEMENT. (B) ELEMENTS.—In conducting the study cial weather data. The strategy shall assess (a) SHORT-TERM MANAGEMENT OF ENVIRON- under subparagraph (A), the National Acad- the range of commercial opportunities, in- MENTAL OBSERVATIONS.— emy of Sciences shall— cluding public-private partnerships, for ob- (1) MICROSATELLITE CONSTELLATIONS.— (i) develop recommendations on how to taining surface-based, aviation-based, and (A) IN GENERAL.—The Under Secretary make the data portfolio of the Administra- space-based weather observations. The strat- shall complete and operationalize the Con- tion more robust and cost-effective; egy shall include the expected cost-effective- stellation Observing System for Meteor- (ii) assess the costs and benefits of moving ness of these opportunities as well as provide ology, Ionosphere, and Climate–1 and Cli- toward a constellation of many small sat- a plan for procuring data, including an ex- mate–2 (COSMIC) in effect on the day before ellites, standardizing satellite bus design, re- pected implementation timeline, from these the date of the enactment of this Act— lying more on the purchasing of data, or ac- nongovernmental sources, as appropriate. (i) by deploying constellations of microsat- quiring data from other sources or methods; (2) REQUIREMENTS.—The strategy shall in- ellites in both the equatorial and polar or- (iii) identify the environmental observa- clude— bits; tions that are essential to the performance (A) an analysis of financial or other bene- (ii) by integrating the resulting data and of weather models, based on an assessment of fits to, and risks associated with, acquiring research into all national operational and re- Federal, academic, and private sector weath- commercial weather data or services, includ- search weather forecast models; and er research, and the cost of obtaining the en- ing through multiyear acquisition ap- (iii) by ensuring that the resulting data of vironmental data; proaches; National Oceanic and Atmospheric Adminis- (iv) identify environmental observations (B) an identification of methods to address tration’s COSMIC–1 and COSMIC–2 programs that improve the quality of operational and planning, programming, budgeting, and exe- are free and open to all communities. research weather models in effect on the day cution challenges to such approaches, includ- (B) ANNUAL REPORTS.—Not less frequently before the date of enactment of this Act; ing— than once each year until the Under Sec- (v) identify and prioritize new environ- (i) how standards will be set to ensure that retary has completed and operationalized the mental observations that could contribute to data is reliable and effective; program described in subparagraph (A) pur- existing and future weather models; and (ii) how data may be acquired through suant to such subparagraph, the Under Sec- (vi) develop recommendations on a port- commercial experimental or innovative tech- retary shall submit to Congress a report on folio of environmental observations that bal- niques and then evaluated for integration the status of the efforts of the Under Sec- ances essential, quality-improving, and new into operational use; retary to carry out such subparagraph. data, private and nonprivate sources, and (iii) how to guarantee public access to all (2) INTEGRATION OF OCEAN AND COASTAL space-based and Earth-based sources. forecast-critical data to ensure that the DATA FROM THE INTEGRATED OCEAN OBSERVING United States weather industry and the pub- (C) DEADLINE AND REPORT.—In carrying out SYSTEM.—In National Weather Service Re- the study under subparagraph (A), the Na- lic continue to have access to information gions where the Director of the National tional Academy of Sciences shall complete critical to their work; and Weather Service determines that ocean and (iv) in accordance with section 50503 of and transmit to the Under Secretary a re- coastal data would improve forecasts, the Di- title 51, United States Code, methods to ad- port containing the findings of the National rector, in consultation with the Assistant dress potential termination liability or can- Academy of Sciences with respect to the Administrator for Oceanic and Atmospheric cellation costs associated with weather data study not later than 2 years after the date on Research and the Assistant Administrator of or service contracts; and which the Administrator enters into an the National Ocean Service, shall— (C) an identification of any changes needed agreement with the National Academy of (A) integrate additional coastal and ocean in the requirements development and ap- Sciences under paragraph (1)(A). observations, and other data and research, proval processes of the Department of Com- (3) ALTERNATE ORGANIZATION.— from the Integrated Ocean Observing System merce to facilitate effective and efficient im- (A) IN GENERAL.—If the Under Secretary is (IOOS) into regional weather forecasts to im- plementation of such strategy. unable within the period prescribed in sub- prove weather forecasts and forecasting deci- (3) AUTHORITY FOR AGREEMENTS.—The As- sion support systems; and paragraph (B) of paragraph (1) to enter into sistant Administrator for National Environ- (B) support the development of real-time an agreement described in subparagraph (A) mental Satellite, Data, and Information data sharing products and forecast products of such paragraph with the National Acad- Service may enter into multiyear agree- in collaboration with the regional associa- emy of Sciences on terms acceptable to the ments necessary to carry out the strategy tions of such system, including contributions Under Secretary, the Under Secretary shall developed under this subsection. from the private sector, academia, and re- seek to enter into such an agreement with (c) PILOT PROGRAM.— search institutions to ensure timely and ac- another appropriate organization that— (1) CRITERIA.—Not later than 30 days after curate use of ocean and coastal data in re- (i) is not part of the Federal Government; the date of the enactment of this Act, the gional forecasts. (ii) operates as a not-for-profit entity; and Under Secretary shall publish data and (iii) has expertise and objectivity com- (3) EXISTING MONITORING AND OBSERVATION- metadata standards and specifications for parable to that of the National Academy of CAPABILITY.—The Under Secretary shall space-based commercial weather data, in- identify degradation of existing monitoring Sciences. cluding radio occultation data, and, as soon and observation capabilities that could lead (B) TREATMENT.—If the Under Secretary as possible, geostationary hyperspectral to a reduction in forecast quality. enters into an agreement with another orga- sounder data. nization as described in subparagraph (A), (4) SPECIFICATIONS FOR NEW SATELLITE SYS- (2) PILOT CONTRACTS.— any reference in this subsection to the Na- TEMS OR DATA DETERMINED BY OPERATIONAL (A) CONTRACTS.—Not later than 90 days tional Academy of Sciences shall be treated NEEDS.—In developing specifications for any after the date of enactment of this Act, the satellite systems or data to follow the Joint as a reference to the other organization. Under Secretary shall, through an open com- Polar Satellite System, Geostationary Oper- (4) AUTHORIZATION OF APPROPRIATIONS.— petition, enter into at least one pilot con- ational Environmental Satellites, and any There are authorized to be appropriated, out tract with one or more private sector enti- other satellites, in effect on the day before of funds appropriated to National Environ- ties capable of providing data that meet the the date of enactment of this Act, the Under mental Satellite, Data, and Information standards and specifications set by the Secretary shall ensure the specifications are Service, to carry out this subsection Under Secretary for providing commercial determined to the extent practicable by the $1,000,000 for the period encompassing fiscal weather data in a manner that allows the recommendations of the reports under sub- years 2018 through 2019. Under Secretary to calibrate and evaluate section (b) of this section. SEC. 302. COMMERCIAL WEATHER DATA. the data for its use in National Oceanic and (b) INDEPENDENT STUDY ON FUTURE OF NA- (a) DATA AND HOSTED SATELLITE PAY- Atmospheric Administration meteorological TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- LOADS.—Notwithstanding any other provi- models. TRATION SATELLITE SYSTEMS AND DATA.— sion of law, the Secretary of Commerce may (B) ASSESSMENT OF DATA VIABILITY.—Not (1) AGREEMENT.— enter into agreements for— later than the date that is 3 years after the (A) IN GENERAL.—The Under Secretary (1) the purchase of weather data through date on which the Under Secretary enters shall seek to enter into an agreement with contracts with commercial providers; and into a contract under subparagraph (A), the the National Academy of Sciences to per- (2) the placement of weather satellite in- Under Secretary shall assess and submit to form the services covered by this subsection. struments on cohosted government or pri- the Committee on Commerce, Science, and (B) TIMING.—The Under Secretary shall vate payloads. Transportation of the Senate and the Com- seek to enter into the agreement described (b) STRATEGY.— mittee on Science, Space, and Technology of in subparagraph (A) before September 30, (1) IN GENERAL.—Not later than 180 days the House of Representatives the results of a 2018. after the date of the enactment of this Act, determination of the extent to which data (2) STUDY.— the Secretary of Commerce, in consultation provided under the contract entered into (A) IN GENERAL.—Under an agreement be- with the Under Secretary, shall submit to under subparagraph (A) meet the criteria tween the Under Secretary and the National the Committee on Commerce, Science, and published under paragraph (1) and the extent

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.023 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2108 CONGRESSIONAL RECORD — SENATE March 29, 2017 to which the pilot program has dem- other emergency management personnel, and of Oceanic and Atmospheric Research per- onstrated— the public; and sonnel to the National Weather Service and (i) the viability of assimilating the com- (B) communications and partnerships National Weather Service personnel to the mercially provided data into National Oce- among the National Oceanic and Atmos- Office of Oceanic and Atmospheric Research. anic and Atmospheric Administration mete- pheric Administration and the private and (b) GOAL.—The goal of this program is to orological models; academic sectors; and enhance forecasting innovation through reg- (ii) whether, and by how much, the data (4) to address such other matters as the ular, direct interaction between the Office of add value to weather forecasts; and Science Advisory Board requests of the Oceanic and Atmospheric Research’s world- (iii) the accuracy, quality, timeliness, va- Working Group. class scientists and the National Weather lidity, reliability, usability, information (b) COMPOSITION.— Service’s operational staff. technology security, and cost-effectiveness (1) IN GENERAL.—The Working Group shall (c) ELEMENTS.—The program shall allow up of obtaining commercial weather data from be composed of leading experts and to 10 Office of Oceanic and Atmospheric Re- search staff and National Weather Service private sector providers. innovators from all relevant fields of science staff to spend up to 1 year on detail. Can- (3) AUTHORIZATION OF APPROPRIATIONS.— and engineering including atmospheric didates shall be jointly selected by the As- For each of fiscal years 2017 through 2020, chemistry, atmospheric physics, meteor- sistant Administrator for Oceanic and At- there are authorized to be appropriated for ology, hydrology, social science, risk com- mospheric Research and the Director of the procurement, acquisition, and construction munications, electrical engineering, and National Weather Service. computer sciences. In carrying out this sec- at National Environmental Satellite, Data, (d) ANNUAL REPORT.—Not less frequently and Information Service, $6,000,000 to carry tion, the Working Group may organize into than once each year, the Under Secretary out this subsection. subpanels. shall submit to the Committee on Com- (d) OBTAINING FUTURE DATA.—If an assess- (2) NUMBER.—The Working Group shall be merce, Science, and Transportation of the ment under subsection (c)(2)(B) dem- composed of no fewer than 15 members. Senate and the Committee on Science, onstrates the ability of commercial weather Nominees for the Working Group may be for- Space, and Technology of the House of Rep- data to meet data and metadata standards warded by the Working Group for approval resentatives a report on participation in and specifications published under sub- by the Science Advisory Board. Members of such program and shall highlight any inno- section (c)(1), the Under Secretary shall— the Working Group may choose a chair (or vations that come from this interaction. co-chairs) from among their number with ap- (1) where appropriate, cost-effective, and SEC. 404. VISITING FELLOWS AT NATIONAL feasible, obtain commercial weather data proval by the Science Advisory Board. WEATHER SERVICE. from private sector providers; (c) ANNUAL REPORT.—Not less frequently (a) IN GENERAL.—The Director of the Na- (2) as early as possible in the acquisition than once each year, the Working Group tional Weather Service may establish a pro- process for any future National Oceanic and shall transmit to the Science Advisory Board gram to host postdoctoral fellows and aca- Atmospheric Administration meteorological for submission to the Under Secretary a re- demic researchers at any of the National space system, consider whether there is a port on progress made by National Oceanic Centers for Environmental Prediction. suitable, cost-effective, commercial capa- and Atmospheric Administration in adopting (b) GOAL.—This program shall be designed bility available or that will be available to the Working Group’s recommendations. The to provide direct interaction between fore- meet any or all of the observational require- Science Advisory Board shall transmit this casters and talented academic and private ments by the planned operational date of the report to the Under Secretary. Within 30 sector researchers in an effort to bring inno- system; days of receipt of such report, the Under Sec- vation to forecasting tools and techniques to (3) if a suitable, cost-effective, commercial retary shall submit to the Committee on the National Weather Service. capability is or will be available as described Commerce, Science, and Transportation of (c) SELECTION AND APPOINTMENT.—Such fel- in paragraph (2), determine whether it is in the Senate and the Committee on Science, lows shall be competitively selected and ap- the national interest to develop a govern- Space, and Technology of the House of Rep- pointed for a term not to exceed 1 year. mental meteorological space system; and resentatives a copy of such report. SEC. 405. WARNING COORDINATION METEOROLO- (4) submit to the Committee on Commerce, SEC. 402. INTERAGENCY WEATHER RESEARCH GISTS AT WEATHER FORECAST OF- Science, and Transportation of the Senate AND FORECAST INNOVATION CO- FICES OF NATIONAL WEATHER and the Committee on Science, Space, and ORDINATION. SERVICE. Technology of the House of Representatives (a) ESTABLISHMENT.—The Director of the (a) DESIGNATION OF WARNING COORDINATION a report detailing any determination made Office of Science and Technology Policy METEOROLOGISTS.— under paragraphs (2) and (3). shall establish an Interagency Committee (1) IN GENERAL.—The Director of the Na- (e) DATA SHARING PRACTICES.—The Under for Advancing Weather Services to improve tional Weather Service shall designate at Secretary shall continue to meet the inter- coordination of relevant weather research least one warning coordination meteorolo- national meteorological agreements into and forecast innovation activities across the gist at each weather forecast office of the which the Under Secretary has entered, in- Federal Government. The Interagency Com- National Weather Service. cluding practices set forth through World mittee shall— (2) NO ADDITIONAL EMPLOYEES AUTHOR- Meteorological Organization Resolution 40. (1) include participation by the National IZED.—Nothing in this section shall be con- strued to authorize or require a change in SEC. 303. UNNECESSARY DUPLICATION. Aeronautics and Space Administration, the the authorized number of full time equiva- In meeting the requirements under this Federal Aviation Administration, National lent employees in the National Weather title, the Under Secretary shall avoid unnec- Oceanic and Atmospheric Administration Service or otherwise result in the employ- essary duplication between public and pri- and its constituent elements, the National ment of any additional employees. vate sources of data and the corresponding Science Foundation, and such other agencies (3) PERFORMANCE BY OTHER EMPLOYEES.— expenditure of funds and employment of per- involved in weather forecasting research as Performance of the responsibilities outlined sonnel. the President determines are appropriate; (2) identify and prioritize top forecast in this section is not limited to the warning TITLE IV—FEDERAL WEATHER needs and coordinate those needs against coordination meteorologist position. COORDINATION budget requests and program initiatives (b) PRIMARY ROLE OF WARNING COORDINA- SEC. 401. ENVIRONMENTAL INFORMATION SERV- across participating offices and agencies; and TION METEOROLOGISTS.—The primary role of ICES WORKING GROUP. (3) share information regarding oper- the warning coordination meteorologist (a) ESTABLISHMENT.—The National Oceanic ational needs and forecasting improvements shall be to carry out the responsibilities re- and Atmospheric Administration Science across relevant agencies. quired by this section. Advisory Board shall continue to maintain a (b) CO-CHAIR.—The Federal Coordinator for (c) RESPONSIBILITIES.— standing working group named the Environ- Meteorology shall serve as a co-chair of this (1) IN GENERAL.—Subject to paragraph (2), mental Information Services Working Group panel. consistent with the analysis described in sec- (in this section referred to as the ‘‘Working (c) FURTHER COORDINATION.—The Director tion 409, and in order to increase impact- Group’’)— of the Office of Science and Technology Pol- based decision support services, each warn- (1) to provide advice for prioritizing weath- icy shall take such other steps as are nec- ing coordination meteorologist designated er research initiatives at the National Oce- essary to coordinate the activities of the under subsection (a) shall— anic and Atmospheric Administration to Federal Government with those of the (A) be responsible for providing service to produce real improvement in weather fore- United States weather industry, State gov- the geographic area of responsibility covered casting; ernments, emergency managers, and aca- by the weather forecast office at which the (2) to provide advice on existing or emerg- demic researchers. warning coordination meteorologist is em- ing technologies or techniques that can be SEC. 403. OFFICE OF OCEANIC AND ATMOS- ployed to help ensure that users of products found in private industry or the research PHERIC RESEARCH AND NATIONAL of the National Weather Service can respond community that could be incorporated into WEATHER SERVICE EXCHANGE PRO- effectively to improve outcomes from weath- forecasting at the National Weather Service GRAM. er events; to improve forecasting skill; (a) IN GENERAL.—The Assistant Adminis- (B) liaise with users of products and serv- (3) to identify opportunities to improve— trator for Oceanic and Atmospheric Research ices of the National Weather Service, such as (A) communications between weather fore- and the Director of National Weather Serv- the public, media outlets, users in the avia- casters, Federal, State, local, tribal, and ice may establish a program to detail Office tion, marine, and agricultural communities,

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(2) REQUIREMENTS REGARDING RECOMMENDA- (C) collaborate with such weather forecast (2) ELEMENTS.—The assessment required by TIONS.—In carrying out paragraph (1)(A), the offices and State, local, and tribal govern- paragraph (1)(A) shall include the following: Under Secretary shall ensure that any rec- ment agencies as the Director considers ap- (A) An evaluation of whether the National ommendation that the Under Secretary con- propriate in developing, proposing, and im- Oceanic and Atmospheric Administration siders a major change— plementing plans to develop, modify, or tai- system for issuing watches and warnings re- (A) is validated by social and behavioral lor products and services of the National garding hazardous weather and water events science using a generalizable sample; Weather Service to improve the usefulness of meets the purpose described in subsection (B) accounts for the needs of various demo- such products and services; (a). graphics, vulnerable populations, and geo- (D) ensure the maintenance and accuracy (B) Development of recommendations for— graphic regions; of severe weather call lists, appropriate of- (i) legislative and administrative action to (C) accounts for the differences between fice severe weather policy or procedures, and improve the system described in paragraph types of weather and water hazards; other severe weather or dissemination meth- (1)(A); and (D) responds to the needs of Federal, State, odologies or strategies; and (ii) such research as the Under Secretary and local government partners and media (E) work closely with State, local, and considers necessary to address the focus partners; and tribal emergency management agencies, and areas described in paragraph (3). (E) accounts for necessary changes to Fed- other agencies related to disaster manage- (3) FOCUS AREAS.—The assessment required erally operated watch and warning propaga- ment, to ensure a planned, coordinated, and by paragraph (1)(A) shall focus on the fol- tion and dissemination infrastructure and effective preparedness and response effort. lowing: protocols. (2) OTHER STAFF.—The Director may assign (A) Ways to communicate the risks posed (d) WATCHES AND WARNINGS DEFINED.— a responsibility set forth in paragraph (1) to by hazardous weather or water events to the (1) IN GENERAL.—Except as provided in such other staff as the Director considers ap- public that are most likely to result in ac- paragraph (2), in this section, the terms propriate to carry out such responsibility. tion to mitigate the risk. ‘‘watch’’ and ‘‘warning’’, with respect to a (d) ADDITIONAL RESPONSIBILITIES.— (B) Ways to communicate the risks posed hazardous weather and water event, mean (1) IN GENERAL.—Subject to paragraph (2), a by hazardous weather or water events to the products issued by the Administration, in- warning coordination meteorologist des- public as broadly and rapidly as practicable. tended for consumption by the general pub- ignated under subsection (a) may— (C) Ways to preserve the benefits of the ex- lic, to alert the general public to the poten- (A) work with a State agency to develop isting watches and warnings system. tial for or presence of the event and to in- plans for promoting more effective use of (D) Ways to maintain the utility of the form action to prevent loss of life and prop- products and services of the National Weath- watches and warnings system for Govern- erty. er Service throughout the State; ment and commercial users of the system. (2) EXCEPTION.—ln this section, the terms (B) identify priority community prepared- (4) CONSULTATION.—In conducting the as- ‘‘watch’’ and ‘‘warning’’ do not include tech- ness objectives; sessment required by paragraph (1)(A), the nical or specialized meteorological and (C) develop plans to meet the objectives Under Secretary shall— hydrological forecasts, outlooks, or model identified under paragraph (2); and (A) consult with such line offices within guidance products. the National Oceanic and Atmospheric Ad- (D) conduct severe weather event prepared- SEC. 407. NATIONAL OCEANIC AND ATMOS- ness planning and citizen education efforts ministration as the Under Secretary con- PHERIC ADMINISTRATION WEATHER with and through various State, local, and siders relevant, including the National Ocean READY ALL HAZARDS AWARD PRO- tribal government agencies and other dis- Service, the National Weather Service, and GRAM. aster management-related organizations. the Office of Oceanic and Atmospheric Re- (a) PROGRAM.—The Director of the Na- search; (2) OTHER STAFF.—The Director may assign tional Weather Service is authorized to es- (B) consult with individuals in the aca- a responsibility set forth in paragraph (1) to tablish the National Oceanic and Atmos- demic sector, including individuals in the such other staff as the Director considers ap- pheric Administration Weather Ready All field of social and behavioral sciences, and propriate to carry out such responsibility. Hazards Award Program. This award pro- other weather services; (e) PLACEMENT WITH STATE AND LOCAL gram shall provide annual awards to honor (C) consult with media outlets that will be EMERGENCY MANAGERS.— individuals or organizations that use or pro- distributing the watches and warnings; (1) IN GENERAL.—In carrying out this sec- vide National Oceanic and Atmospheric Ad- tion, the Director of the National Weather (D) consult with non-Federal forecasters ministration Weather Radio All Hazards re- Service may place a warning coordination that produce alternate severe weather risk ceivers or transmitters to save lives and pro- meteorologist designated under subsection communication products; tect property. Individuals or organizations (a) with a State or local emergency manager (E) consult with emergency planners and that utilize other early warning tools or ap- if the Director considers doing so is nec- responders, including State and local emer- plications also qualify for this award. essary or convenient to carry out this sec- gency management agencies, and other gov- (b) GOAL.—This award program draws at- tion. ernment users of the watches and warnings tention to the life-saving work of the Na- system, including the Federal Emergency tional Oceanic and Atmospheric Administra- (2) TREATMENT.—If the Director determines that the placement of a warning coordina- Management Agency, the Office of Personnel tion Weather Ready All Hazards Program, as tion meteorologist placed with a State or Management, the Coast Guard, and such well as emerging tools and applications, that local emergency manager under paragraph other Federal agencies as the Under Sec- provide real-time warning to individuals and (1) is near a weather forecast office of the retary determines rely on watches and warn- communities of severe weather or other haz- National Weather Service, such placement ings for operational decisions; and ardous conditions. (c) PROGRAM ELEMENTS.— shall be treated as designation of the warn- (F) make use of the services of the Na- (1) NOMINATIONS.—Nominations for this ing coordination meteorologist at such tional Academy of Sciences, as the Under award shall be made annually by the Weath- weather forecast office for purposes of sub- Secretary considers necessary and prac- er Field Offices to the Director of the Na- section (a). ticable, including contracting with the Na- tional Research Council to review the sci- tional Weather Service. Broadcast mete- SEC. 406. IMPROVING NATIONAL OCEANIC AND orologists, weather radio manufacturers and ATMOSPHERIC ADMINISTRATION entific and technical soundness of the assess- COMMUNICATION OF HAZARDOUS ment required by paragraph (1)(A), including weather warning tool and application devel- WEATHER AND WATER EVENTS. the recommendations developed under para- opers, emergency managers, and public safe- (a) PURPOSE OF SYSTEM.—For purposes of graph (2)(B). ty officials may nominate individuals or or- the assessment required by subsection (5) METHODOLOGIES.—In conducting the as- ganizations to their local Weather Field Of- (b)(1)(A), the purpose of National Oceanic sessment required by paragraph (1)(A), the fices, but the final list of award nominees and Atmospheric Administration system for Under Secretary shall use such methodolo- must come from the Weather Field Offices. issuing watches and warnings regarding haz- gies as the Under Secretary considers are (2) SELECTION OF AWARDEES.—Annually, the ardous weather and water events shall be generally accepted by the weather enter- Director of the National Weather Service risk communication to the general public prise, including social and behavioral shall choose winners of this award whose that informs action to prevent loss of life sciences. timely actions, based on National Oceanic and property. (c) IMPROVEMENTS TO SYSTEM.— and Atmospheric Administration Weather (b) ASSESSMENT OF SYSTEM.— (1) IN GENERAL.—The Under Secretary Radio All Hazards receivers or transmitters (1) IN GENERAL.—Not later than 2 years shall, based on the assessment required by or other early warning tools and applica- after the date of the enactment of this Act, subsection (b)(1)(A), make such recommenda- tions, saved lives or property, or dem- the Under Secretary shall— tions to Congress to improve the system as onstrated public service in support of weath- (A) assess the National Oceanic and At- the Under Secretary considers necessary— er or all hazard warnings. mospheric Administration system for issuing (A) to improve the system for issuing (3) AWARD CEREMONY.—The Director of the watches and warnings regarding hazardous watches and warnings regarding hazardous National Weather Service shall establish a weather and water events; and weather and water events; and means of making these awards to provide

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maximum public awareness of the impor- partment of Commerce regarding the hiring (c) FUTURE TECHNOLOGY.—The Under Sec- tance of National Oceanic and Atmospheric of former National Oceanic and Atmospheric retary shall continue the development of Administration Weather Radio, and such Administration employees as contractors at Airborne Phased Array Radar under the other warning tools and applications as are the National Weather Service such as the United States Weather Research Program. represented in the awards. issues raised in the Investigative Report (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 408. DEPARTMENT OF DEFENSE WEATHER dated June 2, 2015 (OIG–12–0447). For each of fiscal years 2017 through 2020, FORECASTING ACTIVITIES. (c) ANNUAL PUBLICATION.—For each fiscal support for implementing subsections (a) and Not later than 60 days after the date of the year after the fiscal year covered by the re- (b) is authorized out of funds appropriated to enactment of this Act, the Under Secretary port required by subsection (a), the Under the Office of Marine and Aviation Oper- shall submit to the Committee on Com- Secretary shall, not later than 180 days after ations. merce, Science, and Transportation of the the completion of the fiscal year, publish on SEC. 414. STUDY ON GAPS IN NEXRAD COVERAGE Senate and the Committee on Science, a publicly accessible Internet website the in- AND RECOMMENDATIONS TO AD- DRESS SUCH GAPS. Space, and Technology of the House of Rep- formation described in paragraphs (1) (a) STUDY ON GAPS IN NEXRAD COV- resentatives a report analyzing the impacts through (8) of subsection (b) for such fiscal ERAGE.— of the proposed Air Force divestiture in the year. SEC. 411. WEATHER IMPACTS TO COMMUNITIES (1) IN GENERAL.—Not later than 180 days United States Weather Research and Fore- after the date of the enactment of this Act, casting Model, including— AND INFRASTRUCTURE. (a) REVIEW.— the Secretary of Commerce shall complete a (1) the impact on— study on gaps in the coverage of the Next (A) the United States weather forecasting (1) IN GENERAL.—The Director of the Na- tional Weather Service shall review existing Generation Weather Radar of the National capabilities; Weather Service (‘‘NEXRAD’’). (B) the accuracy of civilian regional fore- research, products, and services that meet the specific needs of the urban environment, (2) ELEMENTS.—In conducting the study re- casts; quired under paragraph (1), the Secretary (C) the civilian readiness for traditional given its unique physical characteristics and forecasting challenges. shall— weather and extreme weather events in the (A) identify areas in the United States United States; and (2) ELEMENTS.—The review required by paragraph (1) shall include research, prod- where limited or no NEXRAD coverage has (D) the research necessary to develop the resulted in— United States Weather Research and Fore- ucts, and services with the potential to im- prove modeling and forecasting capabilities, (i) instances in which no or insufficient casting Model; and warnings were given for hazardous weather (2) such other analysis relating to the di- taking into account factors including vary- ing building heights, impermeable surfaces, events, including tornadoes; or vestiture as the Under Secretary considers (ii) degraded forecasts for hazardous appropriate. lack of tree canopy, traffic, pollution, and inter-building wind effects. weather events that resulted in fatalities, SEC. 409. NATIONAL WEATHER SERVICE; OPER- (b) REPORT AND ASSESSMENT.—Upon com- significant injuries, or substantial property ATIONS AND WORKFORCE ANALYSIS. pletion of the review required by subsection damage; and The Under Secretary shall contract or con- (a), the Under Secretary shall submit to Con- (B) for the areas identified under subpara- tinue to partner with an external organiza- gress a report on the research, products, and graph (A)— tion to conduct a baseline analysis of Na- services of the National Weather Service, in- (i) identify the key weather effects for tional Weather Service operations and work- cluding an assessment of such research, which prediction would improve with im- force. products, and services that is based on the proved radar detection; SEC. 410. REPORT ON CONTRACT POSITIONS AT review, public comment, and recent publica- (ii) identify additional sources of observa- NATIONAL WEATHER SERVICE. tions by the National Academy of Sciences. tions for high impact weather that were (a) REPORT REQUIRED.—Not later than 180 SEC. 412. WEATHER ENTERPRISE OUTREACH. available and operational for such areas on days after the date of the enactment of this (a) IN GENERAL.—The Under Secretary may the day before the date of the enactment of Act, the Under Secretary shall submit to establish mechanisms for outreach to the this Act, including dense networks of x-band Congress a report on the use of contractors weather enterprise— radars, Terminal Doppler Weather Radar at the National Weather Service for the most (1) to assess the weather forecasts and fore- (commonly known as ‘‘TDWR’’), air surveil- recently completed fiscal year. cast products provided by the National Oce- lance radars of the Federal Aviation Admin- (b) CONTENTS.—The report required by sub- anic and Atmospheric Administration; and istration, and cooperative network observ- section (a) shall include, with respect to the (2) to determine the highest priority ers; most recently completed fiscal year, the fol- weather forecast needs of the community de- (iii) assess the feasibility and advisability lowing: scribed in subsection (b). of efforts to integrate and upgrade Federal (1) The total number of full-time equiva- (b) OUTREACH COMMUNITY.—In conducting radar capabilities that are not owned or con- lent employees at the National Weather outreach under subsection (a), the Under trolled by the National Oceanic and Atmos- Service, disaggregated by each equivalent Secretary shall contact leading experts and pheric Administration, including radar capa- level of the General Schedule. innovators from relevant stakeholders, in- bilities of the Federal Aviation Administra- (2) The total number of full-time equiva- cluding the representatives from the fol- tion and the Department of Defense; lent contractors at the National Weather lowing: (iv) assess the feasibility and advisability Service, disaggregated by each equivalent (1) State or local emergency management of incorporating State-operated and other level of the General Schedule that most agencies. non-Federal radars into the operations of the closely approximates their duties. (2) State agriculture agencies. National Weather Service; (3) The total number of vacant positions at (3) Indian tribes (as defined in section 4 of (v) identify options to improve hazardous the National Weather Service on the day be- the Indian Self-Determination and Edu- weather detection and forecasting coverage; fore the date of enactment of this Act, cation Assistance Act (25 U.S.C. 5304)) and and disaggregated by each equivalent level of the Native Hawaiians (as defined in section 6207 (vi) provide the estimated cost of, and General Schedule. of the Elementary and Secondary Education timeline for, each of the options identified (4) The five most common positions filled Act of 1965 (20 U.S.C. 7517)). under clause (v). by full-time equivalent contractors at the (4) The private aerospace industry. (3) REPORT.—Upon the completion of the National Weather Service and the equivalent (5) The private earth observing industry. study required under paragraph (1), the Sec- level of the General Schedule that most (6) The operational forecasting commu- retary shall submit to the Committee on closely approximates the duties of such posi- nity. Commerce, Science, and Transportation of tions. (7) The academic community. the Senate and the Committee on Science, (5) Of the positions identified under para- (8) Professional societies that focus on me- Space, and Technology of the House of Rep- graph (4), the percentage of full-time equiva- teorology. resentatives a report that includes the find- lent contractors in those positions that have (9) Such other stakeholder groups as the ings of the Secretary with respect to the held a prior position at the National Weather Under Secretary considers appropriate. study. Service or another entity in National Oce- SEC. 413. HURRICANE HUNTER AIRCRAFT. (b) RECOMMENDATIONS TO IMPROVE RADAR anic and Atmospheric Administration. (a) BACKUP CAPABILITY.—The Under Sec- COVERAGE.—Not later than 90 days after the (6) The average full-time equivalent salary retary shall acquire backup for the capabili- completion of the study under subsection for Federal employees at the National ties of the WP–3D Orion and G–IV hurricane (a)(1), the Secretary of Commerce shall sub- Weather Service for each equivalent level of aircraft of the National Oceanic and Atmos- mit to the congressional committees re- the General Schedule. pheric Administration that is sufficient to ferred to in subsection (a)(3) recommenda- (7) The average salary for full-time equiva- prevent a single point of failure. tions for improving hazardous weather detec- lent contractors performing at each equiva- (b) AUTHORITY TO ENTER AGREEMENTS.—In tion and forecasting coverage in the areas lent level of the General Schedule at the Na- order to carry out subsection (a), the Under identified under subsection (a)(2)(A) by inte- tional Weather Service. Secretary shall negotiate and enter into 1 or grating additional observation solutions to (8) A description of any actions taken by more agreements or contracts, to the extent the extent practicable and meteorologically the Under Secretary to respond to the issues practicable and necessary, with govern- justified and necessary to protect public raised by the Inspector General of the De- mental and non-governmental entities. safety.

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(c) THIRD-PARTY CONSULTATION REGARDING (B) by inserting ‘‘, including the warning (B) by inserting ‘‘and commercial and Fed- RECOMMENDATIONS TO IMPROVE RADAR COV- signs of locally generated tsunami’’ after eral undersea communications cables’’ after ERAGE.—The Secretary of Commerce may ‘‘approaching’’; ‘‘observing technologies’’. seek reviews by, or consult with, appropriate (7) in paragraph (6), as redesignated, by (c) TSUNAMI WARNING SYSTEM.—Subsection third parties regarding the scientific meth- striking ‘‘, including the Indian Ocean; and’’ (c) of section 804 (33 U.S.C. 3203(c)) is amend- odology relating to, and the feasibility and and inserting a semicolon; and ed to read as follows: advisability of implementing, the rec- (8) by inserting after paragraph (6), as re- ‘‘(c) TSUNAMI WARNING SYSTEM.—The pro- ommendations submitted under subsection designated, the following: gram under this section shall operate a tsu- (b), including the extent to which warning ‘‘(7) to foster resilient communities in the nami warning system that— and forecast services of the National Weath- face of tsunami and other similar coastal ‘‘(1) is capable of forecasting tsunami, in- er Service would be improved by additional hazards; and’’. cluding forecasting tsunami arrival time and observations. SEC. l04. MODIFICATION OF TSUNAMI FORE- inundation estimates, anywhere in the Pa- CASTING AND WARNING PROGRAM. cific and Arctic Ocean regions and providing SA 205. Mr. MCCONNELL (for Ms. (a) IN GENERAL.—Subsection (a) of section adequate warnings; CANTWELL) proposed an amendment to 804 (33 U.S.C. 3203(a)) is amended by striking ‘‘(2) is capable of forecasting and providing amendment SA 204 proposed by Mr. ‘‘Atlantic Ocean, Caribbean Sea, and Gulf of adequate warnings, including tsunami ar- Mexico region’’ and inserting ‘‘Atlantic rival time and inundation models where ap- MCCONNELL (for Mr. THUNE) to the bill Ocean region, including the Caribbean Sea plicable, in areas of the Atlantic Ocean, in- H.R. 353, to improve the National Oce- and the Gulf of Mexico’’. cluding the Caribbean Sea and Gulf of Mex- anic and Atmospheric Administration’s (b) COMPONENTS.—Subsection (b) of section ico, that are determined— weather research through a focused 804 (33 U.S.C. 3203(b)) is amended— ‘‘(A) to be geologically active, or to have program of investment on affordable (1) in paragraph (1), by striking ‘‘estab- significant potential for geological activity; and attainable advances in observa- lished’’ and inserting ‘‘supported or main- and tional, computing, and modeling capa- tained’’; ‘‘(B) to pose significant risks of tsunami (2) by redesignating paragraphs (7) through for States along the coastal areas of the At- bilities to support substantial improve- (9) as paragraphs (8) through (10), respec- lantic Ocean, Caribbean Sea, or Gulf of Mex- ment in weather forecasting and pre- tively; ico; and diction of high impact weather events, (3) by redesignating paragraphs (2) through ‘‘(3) supports other international tsunami to expand commercial opportunities (6) as paragraphs (3) through (7), respec- forecasting and warning efforts.’’. for the provision of weather data, and tively; (d) TSUNAMI WARNING CENTERS.—Sub- for other purposes; as follows: (4) by inserting after paragraph (1) the fol- section (d) of section 804 (33 U.S.C. 3203(d)) is lowing: amended to read as follows: At the appropriate place, insert the fol- ‘‘(2) to the degree practicable, maintain ‘‘(d) TSUNAMI WARNING CENTERS.— lowing: not less than 80 percent of the Deep-ocean ‘‘(1) IN GENERAL.—The Administrator shall TITLE ll—TSUNAMI WARNING, Assessment and Reporting of Tsunamis buoy support or maintain centers to support the EDUCATION, AND RESEARCH ACT OF 2017 array at operational capacity to optimize tsunami warning system required by sub- SEC. l01. SHORT TITLE. data reliability;’’. section (c). The Centers shall include— This title may be cited as the ‘‘Tsunami (5) by amending paragraph (5), as redesig- ‘‘(A) the National Tsunami Warning Cen- Warning, Education, and Research Act of nated by paragraph (3), to read as follows: ter, located in Alaska, which is primarily re- 2017’’. ‘‘(5) provide tsunami forecasting capability sponsible for Alaska and the continental SEC. l02. REFERENCES TO THE TSUNAMI WARN- based on models and measurements, includ- United States; ING AND EDUCATION ACT. ing tsunami inundation models and maps for ‘‘(B) the Pacific Tsunami Warning Center, Except as otherwise expressly provided, use in increasing the preparedness of com- located in Hawaii, which is primarily respon- whenever in this title an amendment or re- munities and safeguarding port and harbor sible for Hawaii, the Caribbean, and other peal is expressed in terms of an amendment operations, that incorporate inputs, includ- areas of the Pacific not covered by the Na- to, or repeal of, a section or other provision, ing— tional Center; and the reference shall be considered to be made ‘‘(A) the United States and global ocean ‘‘(C) any additional forecast and warning to a section or other provision of the Tsu- and coastal observing system; centers determined by the National Weather nami Warning and Education Act enacted as ‘‘(B) the global Earth observing system; Service to be necessary. title VIII of the Magnuson-Stevens Fishery ‘‘(C) the global seismic network; ‘‘(2) RESPONSIBILITIES.—The responsibil- Conservation and Management Reauthoriza- ‘‘(D) the Advanced National Seismic sys- ities of the centers supported or maintained tion Act of 2006 (Public Law 109–479; 33 U.S.C. tem; under paragraph (1) shall include the fol- 3201 et seq.). ‘‘(E) tsunami model validation using his- lowing: SEC. l03. EXPANSION OF PURPOSES OF TSUNAMI torical and paleotsunami data; ‘‘(A) Continuously monitoring data from WARNING AND EDUCATION ACT. ‘‘(F) digital elevation models and bathym- seismological, deep ocean, coastal sea level, Section 803 (33 U.S.C. 3202) is amended— etry; and and tidal monitoring stations and other data (1) in paragraph (1), by inserting ‘‘re- ‘‘(G) newly developing tsunami detection sources as may be developed and deployed. search,’’ after ‘‘warnings,’’; methodologies using satellites and airborne ‘‘(B) Evaluating earthquakes, landslides, (2) by amending paragraph (2) to read as remote sensing;’’; and volcanic eruptions that have the poten- follows: (6) by amending paragraph (7), as redesig- tial to generate tsunami. ‘‘(2) to enhance and modernize the existing nated by paragraph (3), to read as follows: ‘‘(C) Evaluating deep ocean buoy data and United States Tsunami Warning System to ‘‘(7) include a cooperative effort among the tidal monitoring stations for indications of increase the accuracy of forecasts and warn- Administration, the United States Geologi- tsunami resulting from earthquakes and ings, to ensure full coverage of tsunami cal Survey, and the National Science Foun- other sources. threats to the United States with a network dation under which the Director of the ‘‘(D) To the extent practicable, utilizing a of detection assets, and to reduce false United States Geological Survey and the Di- range of models, including ensemble models, alarms;’’; rector of the National Science Foundation to predict tsunami, including arrival times, (3) by amending paragraph (3) to read as shall— flooding estimates, coastal and harbor cur- follows: ‘‘(A) provide rapid and reliable seismic in- rents, and duration. ‘‘(3) to improve and develop standards and formation to the Administrator from inter- ‘‘(E) Using data from the Integrated Ocean guidelines for mapping, modeling, and as- national and domestic seismic networks; and Observing System of the Administration in sessment efforts to improve tsunami detec- ‘‘(B) support seismic stations installed be- coordination with regional associations to tion, forecasting, warnings, notification, fore the date of the enactment of the Tsu- calculate new inundation estimates and peri- mitigation, resiliency, response, outreach, nami Warning, Education, and Research Act odically update existing inundation esti- and recovery;’’; of 2017 to supplement coverage in areas of mates. (4) by redesignating paragraphs (4), (5), and sparse instrumentation;’’; ‘‘(F) Disseminating forecasts and tsunami (6) as paragraphs (5), (6), and (8), respec- (7) in paragraph (8), as redesignated by warning bulletins to Federal, State, tribal, tively; paragraph (2)— and local government officials and the pub- (5) by inserting after paragraph (3) the fol- (A) by inserting ‘‘, including graphical lic. lowing: warning products,’’ after ‘‘warnings’’; ‘‘(G) Coordinating with the tsunami hazard ‘‘(4) to improve research efforts related to (B) by inserting ‘‘, territories,’’ after mitigation program conducted under section improving tsunami detection, forecasting, ‘‘States’’; and 805 to ensure ongoing sharing of information warnings, notification, mitigation, resil- (C) by inserting ‘‘and Wireless Emergency between forecasters and emergency manage- iency, response, outreach, and recovery;’’; Alerts’’ after ‘‘Hazards Program’’; and ment officials. (6) in paragraph (5), as redesignated— (8) in paragraph (9), as redesignated by ‘‘(H) In coordination with the Commandant (A) by striking ‘‘and increase’’ and insert- paragraph (2)— of the Coast Guard and the Administrator of ing ‘‘, increase, and develop uniform stand- (A) by inserting ‘‘provide and’’ before the Federal Emergency Management Agen- ards and guidelines for’’; and ‘‘allow’’; and cy, evaluating and recommending procedures

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MODIFICATION OF NATIONAL TSUNAMI HAZARD MITIGATION PROGRAM. formance without compromising service. ‘‘(B) reliability and performance metrics; ‘‘(3) FAIL-SAFE WARNING CAPABILITY.—The and (a) IN GENERAL.—Section 805(a) (33 U.S.C. tsunami warning centers supported or main- ‘‘(C) to the maximum extent practicable, 3204(a)) is amended to read as follows: tained under paragraph (1) shall maintain a requirements for the integration of equip- ‘‘(a) PROGRAM REQUIRED.—The Adminis- fail-safe warning capability and perform ment with other United States and global trator, in coordination with the Adminis- back-up duties for each other. ocean and coastal observation systems, the trator of the Federal Emergency Manage- ‘‘(4) COORDINATION WITH NATIONAL WEATHER global Earth observing system of systems, ment Agency and the heads of such other SERVICE.—The Administrator shall coordi- the global seismic networks, and the Ad- agencies as the Administrator considers rel- nate with the forecast offices of the National vanced National Seismic System; evant, shall conduct a community-based tsu- Weather Service, the centers supported or ‘‘(2) develop and execute a plan for the nami hazard mitigation program to improve maintained under paragraph (1), and such transfer of technology from ongoing research tsunami preparedness and resiliency of at- program offices of the Administration as the conducted as part of the program supported risk areas in the United States and the terri- Administrator or the coordinating com- or maintained under section 6 into the pro- tories of the United States.’’. mittee, as established in section 805(d), con- gram under this section; and (b) NATIONAL TSUNAMI HAZARD MITIGATION sider appropriate to ensure that regional and ‘‘(3) ensure that the Administration’s oper- PROGRAM.—Section 805 (33 U.S.C. 3204) is local forecast offices— ational tsunami detection equipment is amended by striking subsections (c) and (d) ‘‘(A) have the technical knowledge and ca- properly maintained.’’. and inserting the following: pability to disseminate tsunami warnings for (f) FEDERAL COOPERATION.—Subsection (f) the communities they serve; of section 804 (33 U.S.C. 3203(f)) is amended to ‘‘(c) PROGRAM COMPONENTS.—The Program ‘‘(B) leverage connections with local emer- read as follows: conducted under subsection (a) shall include gency management officials for optimally ‘‘(f) FEDERAL COOPERATION.—When deploy- the following: disseminating tsunami warnings and fore- ing and maintaining tsunami detection tech- ‘‘(1) Technical and financial assistance to casts; and nologies under the program under this sec- coastal States, territories, tribes, and local ‘‘(C) implement mass communication tools tion, the Administrator shall— governments to develop and implement ac- in effect on the day before the date of the en- ‘‘(1) identify which assets of other Federal tivities under this section. actment of the Tsunami Warning, Education, agencies are necessary to support such pro- ‘‘(2) Integration of tsunami preparedness and Research Act of 2017 used by the Na- gram; and and mitigation programs into ongoing State- tional Weather Service on such date and ‘‘(2) work with each agency identified based hazard warning, resilience planning, newer mass communication technologies as under paragraph (1)— and risk management activities, including they are developed as a part of the Weather- ‘‘(A) to acquire the agency’s assistance; predisaster planning, emergency response, Ready Nation program of the Administra- and evacuation planning, disaster recovery, haz- tion, or otherwise, for the purpose of timely ‘‘(B) to prioritize the necessary assets in ard mitigation, and community development and effective delivery of tsunami warnings. support of the tsunami forecast and warning and redevelopment planning programs in af- ‘‘(5) UNIFORM OPERATING PROCEDURES.—The program.’’. fected areas. Administrator shall— (g) UNNECESSARY PROVISIONS.—Section 804 ‘‘(3) Coordination with other Federal pre- ‘‘(A) develop uniform operational proce- (33 U.S.C. 3203) is further amended— paredness and mitigation programs to lever- dures for the centers supported or main- (1) by striking subsection (g); age Federal investment, avoid duplication, tained under paragraph (1), including the use (2) by striking subsections (i) through (k); and maximize effort. of software applications, checklists, decision and ‘‘(4) Activities to promote the adoption of support tools, and tsunami warning products (3) by redesignating subsection (h) as sub- tsunami resilience, preparedness, warning, that have been standardized across the pro- section (g). and mitigation measures by Federal, State, gram supported under this section; (h) CONGRESSIONAL NOTIFICATIONS.—Sub- territorial, tribal, and local governments and ‘‘(B) ensure that processes and products of section (g) of section 804 (33 U.S.C. 3203(g)), nongovernmental entities, including edu- the warning system operated under sub- as redesignated by subsection (g)(3), is cational and risk communication programs section (c)— amended— to discourage development in high-risk ‘‘(i) reflect industry best practices when (1) by redesignating paragraphs (1) and (2) areas. practicable; as subparagraphs (A) and (B), respectively, ‘‘(5) Activities to support the development ‘‘(ii) conform to the maximum extent prac- and moving such subparagraphs 2 ems to the of regional tsunami hazard and risk assess- ticable with internationally recognized right; ments. Such regional risk assessments may standards for information technology; and (2) in the matter before subparagraph (A), include the following: ‘‘(iii) conform to the maximum extent as redesignated by paragraph (2), by striking ‘‘(A) The sources, sizes, and other relevant practicable with other warning products and ‘‘The Administrator’’ and inserting the fol- historical data of tsunami in the region, in- practices of the National Weather Service; lowing: cluding paleotsunami data. ‘‘(C) ensure that future adjustments to ‘‘(1) IN GENERAL.—The Administrator’’; ‘‘(B) Inundation models and maps of crit- operational protocols, processes, and warn- (3) in paragraph (1), as redesignated by ical infrastructure and socioeconomic vul- ing products— paragraph (3)— nerability in areas subject to tsunami inun- ‘‘(i) are made consistently across the warn- (A) in subparagraph (A), as redesignated by dation. ing system operated under subsection (c); paragraph (2), by striking ‘‘and’’ at the end; ‘‘(C) Maps of evacuation areas and evacu- and (B) in subparagraph (B), as redesignated by ation routes, including, when appropriate, ‘‘(ii) are applied in a uniform manner paragraph (2), by striking the period at the traffic studies that evaluate the viability of across such warning system; end and inserting ‘‘; and’’; and evacuation routes. ‘‘(D) establish a systematic method for in- (C) by adding at the end the following: ‘‘(D) Evaluations of the size of populations formation technology product development ‘‘(C) the occurrence of a significant tsu- that will require evacuation, including popu- to improve long-term technology planning nami warning.’’; and lations with special evacuation needs. efforts; and (4) by adding at the end the following: ‘‘(E) Evaluations and technical assistance ‘‘(E) disseminate guidelines and metrics ‘‘(2) CONTENTS.—In a case in which notice for vertical evacuation structure planning for evaluating and improving tsunami fore- is submitted under paragraph (1) within 30 for communities where models indicate lim- cast models. days of a significant tsunami warning de- ited or no ability for timely evacuation, es- ‘‘(6) AVAILABLE RESOURCES.—The Adminis- scribed in subparagraph (C) of such para- pecially in areas at risk of near shore gen- trator, through the National Weather Serv- graph, such notice shall include, as appro- erated tsunami. ice, shall ensure that resources are available priate, brief information and analysis of— ‘‘(F) Evaluation of at-risk ports and har- to fulfill the obligations of this Act. This in- ‘‘(A) the accuracy of the tsunami model bors. cludes ensuring supercomputing resources used; ‘‘(G) Evaluation of the effect of tsunami are available to run, as rapidly as possible, ‘‘(B) the specific deep ocean or other moni- currents on the foundations of closely- such computer models as are needed for pur- toring equipment that detected the incident, spaced, coastal high-rise structures.

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‘‘(6) Activities to promote preparedness in ‘‘(f) NO NEW REGULATORY AUTHORITY.— assistance, operational support, and training at-risk ports and harbors, including the fol- Nothing in this Act may be construed as es- to the Intergovernmental Oceanographic lowing: tablishing new regulatory authority for any Commission of the United Nations Edu- ‘‘(A) Evaluation and recommendation of Federal agency.’’. cational, Scientific, and Cultural Organiza- procedures for ports and harbors in the event (c) REPORT ON ACCREDITATION OF tion, the World Meteorological Organization of a distant or near-field tsunami. TSUNAMIREADY PROGRAM.—Not later than 180 of the United Nations, and such other inter- ‘‘(B) A review of readiness, response, and days after the date of enactment of this Act, national entities as the Administrator con- communication strategies to ensure coordi- the Administrator of the National Oceanic siders appropriate, as part of the inter- nation and data sharing with the Coast and Atmospheric Administration shall sub- national efforts to develop a fully functional Guard. mit to the Committee on Commerce, global tsunami forecast and warning system ‘‘(7) Activities to support the development Science, and Transportation of the Senate comprised of regional tsunami warning net- of community-based outreach and education and the Committee on Science, Space, and works.’’; programs to ensure community readiness Technology of the House of Representatives (2) in subsection (b), by striking ‘‘shall’’ and resilience, including the following: a report on which authorities and activities each place it appears and inserting ‘‘may’’; ‘‘(A) The development, implementation, would be needed to have the TsunamiReady and and assessment of technical training and program of the National Weather Service ac- (3) in subsection (c)— public education programs, including edu- credited by the Emergency Management Ac- (A) in paragraph (1), by striking ‘‘estab- cation programs that address unique charac- creditation Program. lishing’’ and inserting ‘‘supporting’’; and teristics of distant and near-field tsunami. SEC. l06. MODIFICATION OF TSUNAMI RE- (B) in paragraph (2)— ‘‘(B) The development of decision support SEARCH PROGRAM. (i) by striking ‘‘establish’’ and inserting tools. Section 806 (33 U.S.C. 3205) is amended— ‘‘support’’; and ‘‘(C) The incorporation of social science re- (1) in the matter before paragraph (1), by (ii) by striking ‘‘establishing’’ and insert- search into community readiness and resil- striking ‘‘The Administrator shall’’ and all ing ‘‘supporting’’. ience efforts. that follows through ‘‘establish or maintain’’ SEC. l08. TSUNAMI SCIENCE AND TECHNOLOGY ‘‘(D) The development of evidence-based and inserting the following: ADVISORY PANEL. education guidelines. ‘‘(a) IN GENERAL.—The Administrator (a) IN GENERAL.—The Act is further amend- ‘‘(8) Dissemination of guidelines and stand- shall, in consultation with such other Fed- ed— ards for community planning, education, and eral agencies, State, tribal, and territorial (1) by redesignating section 808 (33 U.S.C. training products, programs, and tools, in- governments, and academic institutions as 3207) as section 809; and cluding— the Administrator considers appropriate, the (2) by inserting after section 807 (33 U.S.C. ‘‘(A) standards for— coordinating committee under section 805(d), 3206) the following: ‘‘(i) mapping products; and the panel under section 808(a), support or ‘‘SEC. 808. TSUNAMI SCIENCE AND TECHNOLOGY ‘‘(ii) inundation models; and maintain’’; ADVISORY PANEL. ‘‘(iii) effective emergency exercises; and (2) in subsection (a), as designated by para- ‘‘(a) DESIGNATION.—The Administrator shall designate an existing working group ‘‘(B) recommended guidance for at-risk graph (1), by striking ‘‘and assessment for within the Science Advisory Board of the Ad- port and harbor tsunami warning, evacu- tsunami tracking and numerical forecast ministration to serve as the Tsunami ation, and response procedures in coordina- modeling. Such research program shall—’’ Science and Technology Advisory Panel to tion with the Coast Guard and the Federal and inserting the following: ‘‘assessment for provide advice to the Administrator on mat- Emergency Management Agency. tsunami tracking and numerical forecast ‘‘(d) AUTHORIZED ACTIVITIES.—In addition ters regarding tsunami science, technology, modeling, and standards development. to activities conducted under subsection (c), and regional preparedness. ‘‘(b) RESPONSIBILITIES.—The research pro- the program conducted under subsection (a) ‘‘(b) MEMBERSHIP.— gram supported or maintained under sub- may include the following: ‘‘(1) COMPOSITION.—The Panel shall be com- ‘‘(1) Multidisciplinary vulnerability assess- section (a) shall—’’; and posed of no fewer than 7 members selected by ment research, education, and training to (3) in subsection (b), as designated by para- the Administrator from among individuals help integrate risk management and resil- graph (2)— from academia or State agencies who have ience objectives with community develop- (A) by amending paragraph (1) to read as academic or practical expertise in physical ment planning and policies. follows: sciences, social sciences, information tech- ‘‘(2) Risk management training for local ‘‘(1) consider other appropriate and cost ef- nology, coastal resilience, emergency man- officials and community organizations to en- fective solutions to mitigate the impact of agement, or such other disciplines as the Ad- hance understanding and preparedness. tsunami, including the improvement of near- ministrator considers appropriate. field and distant tsunami detection and fore- ‘‘(3) In coordination with the Federal ‘‘(2) FEDERAL EMPLOYMENT.—No member of Emergency Management Agency, inter- casting capabilities, which may include use the Panel may be a Federal employee. agency, Federal, State, tribal, and territorial of a new generation of the Deep-ocean As- ‘‘(c) RESPONSIBILITIES.—Not less frequently intergovernmental tsunami response exer- sessment and Reporting of Tsunamis array, than once every 4 years, the Panel shall— cise planning and implementation in high integration of tsunami sensors into commer- ‘‘(1) review the activities of the Adminis- risk areas. cial and Federal telecommunications cables, tration, and other Federal activities as ap- ‘‘(4) Development of practical applications and other real-time tsunami monitoring sys- propriate, relating to tsunami research, de- for existing or emerging technologies, such tems and supercomputer capacity of the Ad- tection, forecasting, warning, mitigation, re- as modeling, remote sensing, geospatial ministration to develop a rapid tsunami siliency, and preparation; and technology, engineering, and observing sys- forecast for all United States coastlines;’’; ‘‘(2) submit to the Administrator and such tems, including the integration of tsunami (B) in paragraph (3)— others as the Administrator considers appro- sensors into Federal and commercial sub- (i) by striking ‘‘include’’ and inserting priate— marine telecommunication cables if prac- ‘‘conduct’’; and ‘‘(A) the findings of the working group ticable. (ii) by striking ‘‘and’’ at the end; with respect to the most recent review con- ‘‘(5) Risk management, risk assessment, (C) by redesignating paragraph (4) as para- ducted under paragraph (1); and and resilience data and information services, graph (5); ‘‘(B) such recommendations for legislative including— (D) by inserting after paragraph (3) the fol- or administrative action as the working ‘‘(A) access to data and products derived lowing: group considers appropriate to improve Fed- from observing and detection systems; and ‘‘(4) develop the technical basis for valida- eral tsunami research, detection, fore- ‘‘(B) development and maintenance of new tion of tsunami maps, numerical tsunami casting, warning, mitigation, resiliency, and integrated data products to support risk models, digital elevation models, and fore- preparation. management, risk assessment, and resilience casts; and’’; and ‘‘(d) REPORTS TO CONGRESS.—Not less fre- programs. (E) in paragraph (5), as redesignated by quently than once every 4 years, the Admin- ‘‘(6) Risk notification systems that coordi- subparagraph (C), by striking ‘‘to the sci- istrator shall submit to the Committee on nate with and build upon existing systems entific community’’ and inserting ‘‘to the Commerce, Science, and Transportation of and actively engage decisionmakers, State, public and the scientific community’’. the Senate, and the Committee on Science, local, tribal, and territorial governments and SEC. l07. GLOBAL TSUNAMI WARNING AND MITI- Space, and Technology of the House of Rep- agencies, business communities, nongovern- GATION NETWORK. resentatives a report on the findings and rec- mental organizations, and the media. Section 807 (33 U.S.C. 3206) is amended— ommendations received by the Adminis- ‘‘(e) NO PREEMPTION WITH RESPECT TO DES- (1) by amending subsection (a) to read as trator under subsection (c)(2).’’. IGNATION OF AT-RISK AREAS.—The establish- follows: (b) TABLE OF CONTENTS AMENDMENT.—The ment of national standards for inundation ‘‘(a) SUPPORT FOR DEVELOPMENT OF AN table of contents in section 1(b) of the Mag- models under this section shall not prevent INTERNATIONAL TSUNAMI WARNING SYSTEM.— nuson-Stevens Fishery Conservation and States, territories, tribes, and local govern- The Administrator shall, in coordination Management Reauthorization Act of 2006 ments from designating additional areas as with the Secretary of State and in consulta- (Public Law 109–479; 120 Stat. 3575) is amend- being at risk based on knowledge of local tion with such other agencies as the Admin- ed by striking the item relating to section conditions. istrator considers relevant, provide technical 808 and inserting the following:

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.022 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2114 CONGRESSIONAL RECORD — SENATE March 29, 2017 ‘‘Sec. 808. Tsunami Science and Technology (E) A description of redevelopment plans AUTHORITY FOR COMMITTEES TO Advisory Panel. and reports in effect on the day before the MEET ‘‘Sec. 809. Authorization of appropriations.’’. date of the enactment of this Act for com- Mr. HELLER. Mr. President, I have SEC. l09. REPORTS. munities in areas that are at high-risk for 15 requests for committees to meet (a) REPORT ON IMPLEMENTATION OF TSUNAMI near-shore tsunami, as well identification of WARNING AND EDUCATION ACT.— States or communities that do not have re- during today’s session of the Senate. (1) IN GENERAL.—Not later than 1 year after development plans. They have the approval of the Majority the date of the enactment of this Act, the (F) Recommendations to enhance near- and Minority leaders. Administrator of the National Oceanic and shore tsunami preparedness and response Pursuant to Rule XXVI, paragraph Atmospheric Administration shall submit to plans, including recommended responder ex- 5(a), of the Standing Rules of the Sen- Congress a report on the implementation of ercises, predisaster planning, and mitigation ate, the following committees are au- the Tsunami Warning and Education Act en- needs. thorized to meet during today’s session (G) Such other data and analysis informa- acted as title VIII of the Magnuson-Stevens of the Senate: Fishery Conservation and Management Re- tion as the Administrator and the Secretary authorization Act of 2006 (Public Law 109–479; of Homeland Security consider appropriate. COMMITTEE ON AGRICULTURE, NUTRITION, AND 33 U.S.C. 3201 et seq.), as amended by this (3) APPROPRIATE COMMITTEES OF CON- FORESTRY Act. GRESS.—In this subsection, the term ‘‘appro- The Committee on Agriculture, Nu- (2) ELEMENTS.—The report required by priate committees of Congress’’ means— trition, and Forestry, is authorized to paragraph (1) shall include the following: (A) the Committee on Commerce, Science, meet during the session of the Senate (A) A detailed description of the progress and Transportation and the Committee on on March 29, 2017 following the first made in implementing sections 804(d)(6), Homeland Security and Governmental Af- roll call vote to vote on the nomina- 805(b), and 806(b)(4) of the Tsunami Warning fairs of the Senate; and tion of George ‘‘Sonny’’ Perdue, of and Education Act the Magnuson-Stevens (B) the Committee on Science, Space, and Fishery Conservation and Management Re- Technology, the Committee on Homeland Georgia, to be Secretary of Agri- authorization Act of 2006 (Public Law 109–479; Security, and the Committee on Transpor- culture. 33 U.S.C. 3201 et seq.). tation and Infrastructure of the House of COMMITTEE ON COMMERCE, SCIENCE, AND (B) A description of the ways that tsunami Representatives. TRANSPORTATION warnings and warning products issued by the The Committee on Commerce, SEC. l10. AUTHORIZATION OF APPROPRIATIONS. Tsunami Forecasting and Warning Program Science, and Transportation is author- established under section 804 of the Tsunami Section 809 of the Act, as redesignated by ized to hold a meeting during the ses- Warning and Education Act (33 U.S.C. 3203), section l08(a)(1) of this Act, is amended— sion of the Senate on Wednesday, as amended by this Act, may be standardized (1) in paragraph (4)(B), by striking ‘‘and’’ March 29, 2017, at 10 a.m. in room SD– and streamlined with warnings and warning at the end; products for hurricanes, coastal storms, and (2) in paragraph (5)(B), by striking the pe- G50 of the Dirksen Senate Office Build- other coastal flooding events. riod at the end and inserting ‘‘; and’’; and ing. (b) REPORT ON NATIONAL EFFORTS THAT (3) by adding at the end the following: COMMITTEE ON COMMERCE, SCIENCE, AND SUPPORT RAPID RESPONSE FOLLOWING NEAR- ‘‘(6) $25,800,000 for each of fiscal years 2016 TRANSPORTATION SHORE TSUNAMI EVENTS.— through 2021, of which— The Committee on Commerce, (1) IN GENERAL.—Not later than 1 year after ‘‘(A) not less than 27 percent of the amount Science, and Transportation is author- the date of the enactment of this Act, the appropriated for each fiscal year shall be for ized to hold a meeting during the ses- Administrator and the Secretary of Home- activities conducted at the State level under sion of the Senate on Wednesday, land Security shall jointly, in coordination the tsunami hazard mitigation program with the Director of the United States Geo- under section 805; and March 29, 2017, at 2:30 p.m. in room SD– logical Survey, Administrator of the Federal ‘‘(B) not less than 8 percent of the amount G50 of the Dirksen Senate Office Build- Emergency Management Agency, the Chief appropriated shall be for the tsunami re- ing, to hold a hearing on the Nomina- of the National Guard Bureau, and the heads search program under section 806.’’. tion of the Jeffrey A. Rosen. of such other Federal agencies as the Admin- SEC. l11. OUTREACH RESPONSIBILITIES. COMMITTEE ON ENVIRONMENT AND PUBLIC istrator considers appropriate, submit to the WORKS appropriate committees of Congress a report The Administrator of the National Oceanic on the national efforts in effect on the day The Committee on Environment and and Atmospheric Administration, in coordi- Public Works is authorized to meet before the date of the enactment of this Act nation with State and local emergency man- that support and facilitate rapid emergency during the session of the Senate on agers, shall develop and carry out formal response following a domestic near-shore Wednesday, March 29, 2017, at 10 a.m., tsunami event to better understand domestic outreach activities to improve tsunami edu- in room 406 of the Dirksen Senate of- effects of earthquake derived tsunami on cation and awareness and foster the develop- fice building, to conduct a hearing en- people, infrastructure, and communities in ment of resilient communities. Outreach ac- titled, ‘‘Cleaning up our nation’s Cold tivities may include— the United States. War legacy sites.’’ (2) ELEMENTS.—The report required by (1) the development of outreach plans to paragraph (1) shall include the following: ensure the close integration of tsunami COMMITTEE ON INDIAN AFFAIRS (A) A description of scientific or other warning centers supported or maintained The Committee on Indian Affairs is measurements collected on the day before under section 804(d) of the Tsunami Warning authorized to meet during the session the date of the enactment of this Act to and Education Act (33 U.S.C. 3203(d)), as of the Senate on Wednesday, March 29, quickly identify and quantify lost or de- amended by this Act, with local Weather 2017, in room 628 of the Dirksen Senate graded infrastructure or terrestrial forma- Forecast Offices of the National Weather Office Building, at 2:30 p.m., to conduct Service and emergency managers; tions. a hearing on ‘‘Native Youth: Pro- (B) A description of scientific or other (2) working with appropriate local Weather measurements that would be necessary to Forecast Offices to ensure they have the moting Diabetes Prevention Through collect to quickly identify and quantify lost technical knowledge and capability to dis- Healthy Living.’’ or degraded infrastructure or terrestrial for- seminate tsunami warnings to the commu- COMMITTEE ON INDIAN AFFAIRS mations. nities they serve; and The Committee on Indian Affairs is (C) Identification and evaluation of Fed- (3) evaluating the effectiveness of warnings authorized to meet during the session eral, State, local, tribal, territorial, and and of coordination with local Weather Fore- of the Senate on Wednesday, March 29, cast Offices after significant tsunami events. military first responder and search and res- 2017, in room 628 of the Dirksen Senate cue operation centers, bases, and other fa- SEC. l12. REPEAL OF DUPLICATE PROVISIONS Office Building, at 2:30 p.m., to conduct cilities as well as other critical response as- OF LAW. sets and infrastructure, including search and a business meeting. rescue aircraft, located within near-shore (a) REPEAL.—The Tsunami Warning and COMMITTEE ON SMALL BUSINESS AND and distant tsunami inundation areas on the Education Act enacted by Public Law 109–424 ENTREPRENEURSHIP day before the date of the enactment of this (120 Stat. 2902) is repealed. The Committee on Small Business Act. (b) CONSTRUCTION.—Nothing in this section and Entrepreneurship is authorized to (D) An evaluation of near-shore tsunami may be construed to repeal, or affect in any meet during the session of the Senate response plans in areas described in subpara- Wednesday, March 29, 2017 at 3 p.m. in graph (C) in effect on the day before the date way, the Tsunami Warning and Education of the enactment of this Act, and how those Act enacted as title VIII of the Magnuson- 428A Russell Senate Office Building to response plans would be affected by the loss Stevens Fishery Conservation and Manage- conduct a hearing entitled Examining of search and rescue and first responder in- ment Reauthorization Act of 2006 (Public How Small Businesses Confront and frastructure described in such subparagraph. Law 109–479; 33 U.S.C. 3201 et seq.). Shape Regulations.

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.022 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2115 COMMITTEE ON AGING APPOINTMENT WEATHER RESEARCH AND FORE- The Special Committee on Aging is The PRESIDING OFFICER. The CASTING INNOVATION ACT OF authorized to meet during the session Chair announces, on behalf of the ma- 2017 of the Senate on Wednesday, March 29, jority leader, pursuant to Public Law Mr. MCCONNELL. Mr. President, I 2017 to conduct a hearing entitled ‘‘The 101–509, the reappointment of the fol- ask unanimous consent that the Sen- Arc of Alzheimer’s’’ in room 106 of the lowing individual to serve as a member ate proceed to the immediate consider- Dirksen Senate Office Building at 2:30 of the Advisory Committee on the ation of H.R. 353, which was received p.m. Records of Congress: Deborah Skaggs from the House. SELECT COMMITTEE ON INTELLIGENCE Speth of Kentucky. The PRESIDING OFFICER. The The Senate Select Committee on In- f clerk will report the bill by title. telligence is authorized to meet during The senior assistant legislative clerk the session of the 115th Congress of the NATIONAL ASBESTOS AWARENESS read as follows: U.S. Senate on Wednesday, March 29, WEEK A bill (H.R. 353) to improve the National 2017 from 12 p.m., in room SH–219 of the Mr. MCCONNELL. Mr. President, I Oceanic and Atmospheric Administration’s Senate Hart Office Building. ask unanimous consent that the Judi- weather research through a focused program SUBCOMMITTEE ON AIRLAND ciary Committee be discharged from of investment on affordable and attainable The Subcommittee on Airland of the further consideration of S. Res. 98 and advances in observational, computing, and Committee on Armed Services is au- the Senate proceed to its immediate modeling capabilities to support substantial improvement in weather forecasting and pre- thorized to meet during the session of consideration. the Senate on Wednesday, March 29, diction of high impact weather events, to ex- The PRESIDING OFFICER. Without pand commercial opportunities for the provi- 2017, at 3:30 p.m. objection, it is so ordered. sion of weather data, and for other purposes. SUBCOMMITTEE ON EMERGING THREATS AND The clerk will report the resolution There being no objection, the Senate CAPABILITIES by title. The Subcommittee on Emerging proceeded to consider the bill. The senior assistant legislative clerk Mr. NELSON. Mr. President, for Threats and Capabilities of the Com- read as follows: mittee on Armed Services is authorized years, I have been working to make A resolution (S. Res. 98) designating the to meet during the session of the Sen- sure that the National Oceanic and At- first week of April 2017 as ‘‘National Asbes- mospheric Administration has reliable ate on Wednesday, March 29, 2017, at 10 tos Awareness Week.’’ a.m. in open session. tools to forecast hurricanes. Today the There being no objection, the Senate Senate will come together on legisla- SUBCOMMITTEE ON READINESS AND proceeded to consider the resolution. MANAGEMENT SUPPORT tion to get us closer to that goal. In Mr. MCCONNELL. Mr. President, I The Subcommittee on Readiness and May 2016, just before the start of hurri- further ask unanimous consent that Management Support of the Com- cane season, the Commerce Committee the resolution be agreed to, the pre- mittee on Armed Services be author- held a hearing on preparedness. At that amble be agreed to, and the motions to ized to meet during the session of the hearing, I asked the then-Director of reconsider be considered made and laid Senate on Wednesday, March 29, 2017, the National Hurricane Center, Dr. upon the table with no intervening ac- at 2:15 p.m., in open session. Rick Knabb, about the fact that NOAA tion or debate. has two P3 propeller aircraft that fly SUBCOMMITTEE ON FEDERAL SPENDING The PRESIDING OFFICER. Without OVERSIGHT AND EMERGENCY MANAGEMENT into the storm, but only the one Gulf- The Subcommittee on Federal Spend- objection, it is so ordered. stream jet that can fly high enough ing Oversight and Emergency Manage- The resolution (S. Res. 98) was agreed and long enough to get above the ment of the Committee on Homeland to. storm. Flying above the storm is crit- Security and Governmental Affairs is The preamble was agreed to. ical because the scientists drop sondes authorized to meet during the session (The resolution, with its preamble, is out of the belly of the aircraft that fall of the Senate on Wednesday, March 29, printed in the RECORD of March 27, 2017, through the storm sending measure- 2017, at 2:30 p.m. to conduct a hearing under ‘‘Submitted Resolutions.’’) ments of the entire vertical profile. entitled ‘‘The Effect of Borrowing on f This is vital to telling us where the Federal Spending.’’ VIETNAM VETERANS DAY storm is headed and whether it is SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND weakening or strengthening. Mr. MCCONNELL. Mr. President, I INTERNATIONAL CYBERSECURITY Having only one Gulfstream is a sin- The Committee on Foreign Relations ask unanimous consent that the Sen- gle point of failure because, if the Subcommittee on East Asia, The Pa- ate proceed to the immediate consider- plane is out of commission, we do not cific, and International Cybersecurity ation of S. Res. 103, submitted earlier have a backup ready to go. Unfortu- Policy is authorized to meet during the today. nately, my fears were realized a few session of the Senate on Wednesday, The PRESIDING OFFICER. The short months later. During a Hurricane March 29, 2017, at 2:15 p.m., to hold a clerk will report the resolution by Hermine reconnaissance mission, hearing entitled ‘‘American Leadership title. NOAA had to ground the Gulfstream in the Asia-Pacific, Part 1: Security The senior assistant legislative clerk for emergency corrosion repairs. Luck- Issues.’’ read as follows: ily, a plane owned by the National A resolution (S. Res. 103) designating SUBCOMMITTEE ON WESTERN HEMISPHERE Science Foundation and the University March 29, 2017, as ‘‘Vietnam Veterans Day.’’ The Committee on Foreign Relations Corporation for Atmospheric Research subcommittee on Western Hemisphere There being no objection, the Senate was not on a mission at the time and is authorized to meet during the ses- proceeded to consider the resolution. was able to fill in for the NOAA Gulf- sion of the Senate on Wednesday, Mr. MCCONNELL. Mr. President, I stream, but you can imagine that this March 29, 2017, at 10:15 a.m., to hold a ask unanimous consent that the reso- will not always be the case. While the hearing entitled ‘‘The U.S.-Mexico Re- lution be agreed to, the preamble be hurricane season seems to be getting lationship: Advancing Security and agreed to, and the motions to recon- longer, the NOAA plane is getting Prosperity on Both Sides of the Bor- sider be considered made and laid upon older. We must have a reliable backup. der.’’ the table with no intervening action or So, in January, I filed S. 153, legisla- debate. tion to require NOAA to acquire suffi- f The PRESIDING OFFICER. Without cient backup capability for our hurri- PRIVILEGES OF THE FLOOR objection, it is so ordered. cane hunter aircraft. I am pleased Mr. MERKLEY. Mr. President, I ask The resolution (S. Res. 103) was today that the Senate will unani- unanimous consent that Dara Greene, agreed to. mously pass this measure as part of a my intern, be granted privileges of the The preamble was agreed to. broader weather bill. floor for the balance of the day. (The resolution, with its preamble, is I take comfort that even in times of The PRESIDING OFFICER. Without printed in today’s RECORD under ‘‘Sub- great divisiveness, the Senate can objection, it is so ordered. mitted Resolutions.’’) come together on matters of public

VerDate Sep 11 2014 04:35 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.025 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2116 CONGRESSIONAL RECORD — SENATE March 29, 2017 safety. The power of Mother Nature ORDER FOR ADJOURNMENT canny man—canny because before he must be taken seriously. Consider the Mr. MCCONNELL. Mr. President, if met Ambassador Stoeckl, he consulted flooding in California or the dev- there is no further business to come be- with the chairman of the Senate For- astating tornadoes that hit Louisiana, fore the Senate, I ask unanimous con- eign Relations Committee, who at the Georgia, and Florida early this year. In sent that it stand adjourned under the time was Charles Sumner of Massachu- 2016, Hurricane Matthew took 46 lives previous order, following the remarks setts. He did this to ensure smooth ac- in the United States alone. In addition of Senator MURKOWSKI. tion by the U.S. Senate in approving a to requiring backup capability for the The PRESIDING OFFICER. Without treaty. In other words—and this is a hurricane hunters, the broader bill we objection, it is so ordered. lesson that all good members of the ex- will pass tonight, the Weather Re- The Senator from Alaska. ecutive branch should perhaps take to search and Forecasting Innovation Act, f heart—the Secretary consulted with will improve NOAA s ability to under- the Congress before taking action. stand, predict, and—most impor- ALASKA’S SESQUICENTENNIAL Conveniently, Senator Sumner and tantly—to warn people about all kinds Ms. MURKOWSKI. Mr. President, I Secretary Seward lived on opposite of weather events that dramatically af- have come to the floor this evening in sides of Lafayette Square from each fect the economy and people’s daily celebration of an important milestone, other, and, according to the National lives. It also includes a reauthorization but speaking about it actually presents Archives, they were able to meet at of the Tsunami Warning, Education, a little bit of a challenge. In our cur- Secretary Seward’s home. While Sen- and Research Act. These provisions rent environment, how do you give a ator Sumner made no commitments will give NOAA the tools to protect life statement about a Secretary of State, about the passage of the treaty, he did and property and to support continued a Chairman of the Foreign Relations send a note to Secretary Seward later economic growth. It is my hope that Committee, a Russian Ambassador, and that evening saying that following its the House follows suit. an exchange of millions of dollars with- adjournment at noon on Saturday, Mr. MCCONNELL. Mr. President, I out making sensational headlines? March 30, ‘‘the Senate would be glad to ask unanimous consent that the Thune Well, my answer to that is you tell the proceed at once with Executive busi- substitute amendment at the desk be story of Alaska and the Treaty of Ces- ness’’ and consider the treaty. With considered; the Cantwell amendment sion that brought Alaska into our Na- that, Ambassador Stoeckl and Sec- at the desk be considered and agreed tion on March 30, 1867, exactly 150 retary Seward went to work, crafting to; the Thune substitute amendment, years ago tomorrow. the treaty that night and long into the as amended, be agreed to; the bill, as If we are going to be fair, this story morning, finally putting their signa- amended, be considered read a third actually begins years before 1867. The tures to it at 4 a.m. on Saturday, time and passed; and the motion to re- United States and Russia had been in March 30, 1867. consider be considered made and laid discussions over Russia’s territorial By 10 a.m. that same day, Secretary upon the table. claims since 1856, but the domestic tur- Seward had met with the Cabinet and The PRESIDING OFFICER. Without moil and the Civil War in the United with President Johnson to execute a objection, it is so ordered. States stymied progress. So it wasn’t proclamation calling the Senate into The amendment (No. 204) in the na- until March 11, 1867, when Edouard de special session on Monday, April 1. ture of a substitute was considered. Stoeckl, Russia’s Foreign Minister to It was in Senator Sumner’s famous (The amendment is printed in today’s the United States, met with then-Sec- speech to the Senate that day that the RECORD under ‘‘Text of Amendments.’’) retary of State William Seward that word ‘‘Alaska’’ was first officially used The amendment (No. 205) was agreed discussions really began in earnest. to describe the new territory. The word to. From that time on, things really ‘‘Alaska’’ is Aleut in origin. Tradition- (The amendment is printed in today’s picked up speed. Just a few weeks ally translated as ‘‘mainland,’’ it lit- RECORD under ‘‘Text of Amendments.’’) later, on March 29, 1867—150 years ago erally means, ‘‘the object toward which The amendment (No. 204), as amend- today—Stoeckl received a cable from the action of the sea is directed.’’ ed, was agreed to. Czar Alexander II, approving a deal—a It is important that I pause in recit- The amendment was ordered to be deal that would transfer Russia’s inter- ing how Alaska came into the United engrossed and the bill to be read a ests in North America to the United States, first as a territory and later as third time. States. In my office, I actually have a a full member of our Union, by recog- The bill was read the third time. copy, a replica of the deal that was nizing that while Western nations The bill (H.R. 353), as amended, was written, along with the note for $7.2 made deals about who ‘‘owned’’ the passed. million. That was the deal, but closing lands and the waters of Alaska, a di- it in time was far from certain. verse and vibrant Native people had al- f With work in this Congress rapidly ready lived there for at least 14,000 wrapping up ahead of its April adjourn- years. While explorers, scientists, trap- ment—can you imagine that, actually pers, and settlers had come to Alaska ORDERS FOR THURSDAY, MARCH having an adjournment around this from all over the world, the vast ma- 30, 2017 body in April? But that was the way it jority of our population were Alaska Mr. MCCONNELL. Mr. President, I was 150 years ago. There was little Natives. ask unanimous consent that when the time to complete an agreement and see Thankfully, after years of wrongful Senate completes its business today, it it ratified, but Secretary Seward was and misguided policies of assimilation, adjourn until 9:30 a.m., Thursday, determined, and despite some rather we in Congress now appreciate the in- March 30; that following the prayer and lackluster interest from President An- credible history and cultures of Alas- pledge, the morning hour be deemed drew Johnson, he pressed forward with ka’s indigenous peoples and have expired, the Journal of proceedings be this. worked diligently to fulfill our trust approved to date, the time for the two When Ambassador Stoeckl received responsibilities to them. Today, major leaders be reserved for their use later the cable, he went to Seward’s house landmarks like Denali, which is the in the day, and morning business be on Lafayette Square to deliver the highest mountain in North America, closed; further, that following leader news to him. According to the National are again known by their rightful Na- remarks, the Senate resume consider- Archives, Mr. Stoeckl said: ‘‘Tomor- tive names. Today, Tribes are empow- ation of H.J. Res. 67, with all debate row, if you like, I will come to the de- ered to provide healthcare and other time being expired; finally, that the partment, and we can enter upon the services to their people, and Federal joint resolution be read a third time, treaty.’’ To which Seward replied: agencies are required to consult with and the Senate vote on passage of the ‘‘Why wait until tomorrow, Mr. Alaskan Native Tribes on issues that joint resolution with no intervening Stoeckl? Let us make the treaty to- impact their daily lives. action or debate. night.’’ While we can all wrestle with the in- The PRESIDING OFFICER. Without Secretary Seward was not merely a herent challenge created for many by objection, it is so ordered. determined man; he was really a very words like ‘‘purchase’’ and recognize

VerDate Sep 11 2014 02:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A29MR6.030 S29MRPT1 SSpencer on DSK4SPTVN1PROD with SENATE March 29, 2017 CONGRESSIONAL RECORD — SENATE S2117 historical injustice, we must also look today, that great circle route rep- We are a storehouse of just about ev- at the moment through the eyes of resents the path that thousands of ves- erything that you can think of and ev- those who played a part—to see the op- sels annually take from ports along the erything that you need in modern soci- portunity as they did—so that we may west coast of the United States to Asia ety. capture it to better inform our future. and back again. Chances are that the We are blessed with an abundance of Senator Sumner’s words remind us products created through the hard natural resources. We have committed that what he, Secretary Seward, and work of Americans in the middle of our to harnessing them responsibly. As others saw then was a foundation for country transit through Alaskan long as there is an understanding of opportunity, which continues in Alas- waters on their way to Asia. that here in Washington, DC, we will ka to this day. For example, in his re- Beyond the economic linkages, Alas- continue to produce every type of en- marks, Senator Sumner referenced a ka’s geography has long been an asset ergy and many types of minerals for communication from the legislature of recognized not just by our domestic the good of our Nation. the Washington Territory to President strategic institutions but also by our Alaska also remains key to our Na- Andrew Johnson in 1866. He said: enemies. While the Japanese attack on tion’s defense. North Korea’s con- Your memorialists, the Legislative Assem- Pearl Harbor is a day that will live in sistent disregard for international bly of Washington Territory, beg leave to infamy, the Japanese campaign in the norms and their aggressive attempts to show that abundance of codfish, halibut, and Aleutians has been called the Forgot- acquire ballistic nuclear capabilities salmon of excellent quality have been found along the shores of the Russian possessions. ten Battle. Six months after Pearl Har- threaten our national security. The in- Your memorialists respectfully request your bor, the Japanese bombed Dutch Har- vestments that we must continue to Excellency to obtain such rights and privi- bor and occupied Attu and Kiska in the make in Alaska’s missile defense infra- leges of the Government of Russia as will en- Aleutian Islands. Alaska Natives were structure are fundamental to our na- able our fishing vessels to visit the ports and captured and sent to Japan. On May 11, tional security interests. harbors of its possessions to the end that 1943, the United States moved to re- Thanks to my colleagues here in the fuel, water, and provisions may be easily ob- take Attu, landing 11,000 troops on the Senate and the Pentagon’s continued tained, that our sick and disabled fishermen may obtain sanitary assistance, together island. Some 1,000 Americans and more recognition of Alaska’s strategic im- with the privilege of curing fish and repair- than 2,000 Japanese lost their lives in portance, we continue to leverage our ing vessels in need of repair. the fighting—the only land battle on strategic location for America’s na- Long before my advocacy for Alas- American soil during World War II. tional security. The installation of the ka’s fisheries here in the United States The Japanese attacked the Aleutians long-range discrimination radar at Senate, long before my warnings about for the same reason that Senator Sum- Clear, the stationing of F–35s at the dangers of genetically modified ner supported the purchase of Alaska— Eielson, and the continued support for seafood, Washington and Alaska had a for control of the Pacific transpor- the 425th at Joint Base Elmendorf- strong connection that was built on the tation routes. Richardson—or JBER, as we call it— bounty of our oceans. The economic Many historians believe Japanese Ad- are just some of the critical invest- importance of Alaska’s fisheries was a miral Yamamoto launched the attack ments we are making and must con- prime consideration in America’s ac- to protect his nation’s northern flank. tinue to make in Alaska. quisition of Alaska even then. It was a The United States fought to regain Understanding the opportunity of critical part of our effort to attain those islands for the very same reason. Alaska also means understanding the Brigadier General William ‘‘Billy’’ Statehood some 50-plus years ago. And geography and the environment of our Mitchell—often called the ‘‘father of today, it has grown into a fundamental State. In preparing for this speech, I the Air Force’’—told Congress back in element of the Pacific Northwest’s was struck by a latter part of the com- 1935: economy. munication from the Washington Ter- Alaska’s seafood industry now cre- I believe that in the future, whoever holds ritorial Legislature to President An- ates an estimated 118,000 jobs, $5.8 bil- Alaska will hold the world. I think it is the drew Johnson in 1866. It stated: most important strategic place in the world. lion in annual income, and $14.6 billion Your memorialists finally pray your Excel- in economic output nationally. We feed Most of us in Alaska think that Billy lency to supply such ships as may be spared America, and we feed the world, with Mitchell was correct. from the Pacific Naval Fleet in exploring everything from our cod and our crab Just as Alaska straddles the great and surveying the fishing banks known to navigators to exist along the Pacific Coast to our halibut and our salmon. Alas- circle route across the Pacific, it sits at the center of the air crossroads of from the Cortes Banks to the Bering Straits, ka’s seafood exports alone would rank and as in duty bound, your memorialists will sixth compared to all other seafood- the world. Ted Stevens International Airport in Anchorage sits halfway be- ever pray. producing nations—not States, but na- I would be remiss if I didn’t note tions. tween Tokyo and New York City and 1 that—historical language aside—this Yet fisheries were but a small part of less than 9 ⁄2 hours by air from 90 per- request reads as if it could have been the justification Senator Sumner of- cent of the industrialized world. submitted to the Budget Committee by fered his colleagues at the time. The Think about that. Oftentimes we the current delegations from Alaska prime consideration is one that today think about Alaska as so remote and so and Washington. remains unappreciated by most Ameri- far away, but when you look at that As we prepare to celebrate the 150th cans. Senator Sumner stated the fol- globe and you look at Alaska’s geo- anniversary of the Treaty of Cession lowing: graphic position, we are in the center. The airport is No. 2 in the United tomorrow, our sesquicentennial, it is The projection of maps is not always cal- important to remind ourselves just culated to present an accurate idea of dis- States for landed cargo weight and No. tances. From measurement on a globe it ap- 6 in the world for cargo throughput. In how little has changed in our under- pears that a voyage from San Francisco to 2012, 71 percent of all Asia-bound air standing of Alaska—understanding Hong Kong by the common way of the Sand- cargo from the United States and 82 where it is, how far we have come, and wich islands, is 7,140 miles, but by way of the percent of all U.S.-bound air cargo how far we have yet to go when it Aleutian islands it is only 6,060 miles, being from Asia transited through it. comes to mapping and to charting. a saving of more than one thousand miles, It is no exaggeration to say that the In 2015, a couple of years ago, I had with the enormous additional advantage of significance of Alaska to the airborne the honor of attending a celebration being obliged to carry much less coal. Of back home. It was an event where we course a voyage from Sitka, or from Puget and maritime trade of the United sound, the terminus of the North Pacific States likely exceeds even the treaty’s celebrated a landmark event—that 57 railroad, would be shorter still. . . . To unite biggest boosters’ dreams back in 1867. percent of our land in the State had fi- the east of Asia with the west of America is Alaska’s strategic significance is now nally been mapped. That is how young the aspiration of commerce now as when the more important than ever. Our natural a State Alaska really is. Recognizing English navigator recorded his voyage. resources have provided energy and that we just do not have accurate map- Thus said Senator Sumner. The ces- minerals for our Nation for decades— ping in the State, it kind of struck me. sion of Alaska secured the Pacific from the oil on our North Slope to our For what else do we celebrate 50 per- trade route with Asia for America. And gold, silver, copper, and other metals. cent of completion of anything, except

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Washington Territorial Legislature region of international significance, From Alaska’s fisheries to its min- asked for assistance back in 1866. and they are seizing the opportunities erals, from its oil and gas resources to So 150 years ago, we were asking for that we continue to defer there. its diverse and vibrant cultures, and assistance with the charting, but after I greatly appreciate my colleagues’ from its position on important trade 150 years, just 2.5 percent of the U.S. attention to these issues, particularly routes to its significance to our na- Arctic has been surveyed to modern the work of my colleague from Maine tional security, Alaska’s contribution standards. Just 2.5 percent of the U.S. and the members of the Arctic Caucus, to America has been and continues to Arctic has been surveyed to modern as we work to raise awareness and be as big as our geography. standards. Some 91 percent of the U.S. press administrations to put the same We are still a young State. I was ac- Arctic has either not been surveyed at sort of energy and effort into the re- tually born in the Territory of Alaska. all or relies on lead line readings, many gion that other nations are. They, too, I am just the sixth Senator to have the of which were taken prior to the Trea- see the importance of the Arctic to our honor of serving my State in this body. ty of Cession in 1867. national interest, as Commissioner But while we might be young and small We talked to the Coast Guard and Wilson did back in 1898. in population, we are very, very rich in continue to hear stories about Captain After noting the importance of the spirit. Cook’s voyage up to the north. It was Arctic attributes of Alaska, Commis- In his speech on this floor, Senator actually a voyage on which a relative sioner Wilson went on to say: Sumner said: ‘‘Small beginnings, there- of mine, John Gore, was with Captain Judged from this standpoint alone, and fore, are no discouragement to me, and Cook, and they literally would put lead supposing the entire country of Alaska to be I turn with confidence to the future.’’ lines over the side of the ship, drop a mere polar desert and utterly uninhabit- So I stand before the Senate today them down, and then recorded the able, the developments of a very few years grateful for the future that Senator readings. will show that the acquisition of this terri- tory at the stipulated price is one of the Sumner and Secretary Seward saw for Again, 91 percent of the U.S. Arctic most advantageous arrangements that our Russian America. They were men of vi- has either not been surveyed or was diplomacy ever secured. sion who brought a diverse, chal- surveyed with lead lines, and we are Think about those words: $7.2 million lenging, rich territory under the wing still relying on this data. and the United States has Alaska. of the United States. Alaska, I believe, The U.S. has been chairing the Arctic So when Commissioner Wilson said is better for it and so is America. Council now for 2 years. As we wrap up that in a few years it would ‘‘show that I appreciate the Senate’s indulgence our term at the Arctic Council, I fear the acquisition of this territory at the to tell a bit of the story of this day in that we have accomplished much less stipulated price is one of the most ad- our national experience and would like than I, and many Alaskans, had hoped. vantageous arrangements that our di- to close my remarks as Senator Sum- It is Alaska that makes the United plomacy ever secured,’’ I would sug- ner did on this floor nearly 150 years States an Arctic nation, a fact that gest, President Trump, this was a deal. ago today by quoting him. was appreciated even at the time this We got a great deal with Alaska. As these extensive possessions, consti- body considered the appropriations for Popular history may refer to ‘‘Sew- tuting a corner of the continent, pass from the treaty. ard’s folly’’ or you hear that when you the Imperial Government of Russia, they In a letter to the chairman of the are reading it in history books, or it is will naturally receive a new name. They will House Foreign Affairs Committee in also referred to as America’s acquisi- be no longer Russian America. How shall they be called? Clearly, . . . Alaska. 1868, Joseph Wilson, who was the Com- tion of ‘‘Walrussia’’ when describing missioner of the General Land Office at the Treaty of Cession, but that ignores Clearly, Alaska. the Department of the Interior, relayed the broad support that the treaty actu- Mr. President, as we celebrate the the importance of the treaty to the ally had at the time. For example, the sesquicentennial of Alaska’s purchase committee, including this: editors of the Charleston Daily News from Russia, I yield the floor. It gives her [the United States] also a hold Miner recognized this on April 12, 1867: f upon the coast of the great circumpolar As that territory is said to contain the ocean, the importance of which, as yet im- highest mountain in the world, he [Secretary perfectly appreciated in the country, is ADJOURNMENT UNTIL 9:30 A.M. Seward] has provided a fit pinnacle from TOMORROW awakening very great interest in Europe. which the American Eagle can, when the England, Denmark, Sweden, France, and days of good feeling come back, spread itself The PRESIDING OFFICER (Mr. Germany are contemplating and organizing over the immense country that will then lie PERDUE). The Senate stands adjourned movements looking to the exploration and peacefully beneath the shadow of its wings. occupancy of the unappropriated northern until 9:30 a.m. tomorrow. regions of this continent—movements which Indeed, there was opposition to the Thereupon, the Senate, at 7:10 p.m., it becomes us to watch with jealousy, and Treaty of Cession. Two Members of this adjourned until Thursday, March 30, promptly circumvent. body even voted against ratifying the 2017, at 9:30 a.m.

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HONORING THE MINNESOTA and I can’t wait to see what they accomplish POLIQUIN of Maine, Ms. TSONGAS of Massa- TRANSGENDER HEALTH COALI- in the next decade of leadership. chusetts, and Ms. FRANKEL of Florida to cele- TION’S 10TH ANNIVERSARY f brate the christening of the USS Thomas Hudner, DDG–116. This destroyer is named in HONORING PRINCIPAL JULIE honor of Captain Thomas J. Hudner Jr., a re- HON. KEITH ELLISON PIERCE ON HER SELECTION AS OF MINNESOTA tired officer of the United States Navy and a ALABAMA’S 2017 NATIONAL DIS- former naval aviator. IN THE HOUSE OF REPRESENTATIVES TINGUISHED PRINCIPAL Born in Fall River, Massachusetts, Hudner Wednesday, March 29, 2017 attended the United States Naval Academy Mr. ELLISON. Mr. Speaker, I rise today to HON. BRADLEY BYRNE after graduating from Phillips Academy in An- commemorate the 10th anniversary of the OF ALABAMA dover, Massachusetts. On December 4, 1950, Minnesota Transgender Health Coalition, Min- IN THE HOUSE OF REPRESENTATIVES Hudner and his wingman, Ensign Jesse L. Brown, were patrolling near the Chosin Res- nesota’s largest organization led by and for Wednesday, March 29, 2017 the trans community. ervoir in North Korea when Brown’s Corsair In 2002, concerned community members Mr. BYRNE. Mr. Speaker, I rise today to was struck by ground fire. Hudner intentionally began to organize around the difficulties they recognize Principal Julie Pierce of Fairhope crash-landed his own aircraft on a snowy and other trans people face in finding acces- Elementary School on being selected as Ala- mountain to help Brown. Brown died of his in- sible, culturally competent healthcare. Orga- bama’s National Distinguished Principal of juries and Hudner was forced to evacuate. Hudner received the Congressional Medal nizers began hosting meetings and events as 2017. This is a remarkable and extraordinary of Honor for his actions in trying to save the part of the University of Minnesota’s GLBTA achievement, and it shows Ms. Pierce’s stead- life of his wingman and received numerous Programs Office and the Schochet Center for fast dedication to the young men and women military decorations including the Legion of GLBT Studies. After years of activity, the she has taught and guided throughout her dis- tinguished career that has spanned over 27 Merit and the Bronze Star Medal. Following group incorporated on March 30, 2007 to be- the incident, Hudner held positions aboard come a trans-led health service and rights or- years. A native of Oneonta, Ms. Pierce graduated several U.S. Navy ships and with a number of ganization, founded on their principles of ra- from the University of Alabama with a degree aviation units, including a brief stint as Execu- cial, social and economic justice. in business and began work as an accountant tive Officer of the USS Kitty Hawk during a MTHC is a unique organization. In addition before embarking on her career in education. tour in the Vietnam War. He retired from ac- to organizing for trans-inclusive public policies, She obtained her master’s degree in Elemen- tive duty in 1973. Since then, he has worked they provide direct medical and psychological tary Education from the University of Alabama for various veterans’ organizations throughout support for hundreds of people from all over at Birmingham, and later a certificate in Edu- the United States. the Midwest. Through their Shot Caller pro- cational Leadership from the University of In May 2012, the Secretary of the Navy an- gram, MTHC ensures that trans folks, people South Alabama. nounced that an Arleigh Burke-class guided with diabetes, and anyone else prescribed Prior to her time at Fairhope Elementary missile destroyer will be named USS Thomas shots can get free help taking them in a safe, School, Ms. Pierce served as principal of Gulf Hudner. On Saturday, April 1, the Hudner fam- supportive space. They run a successful harm Shores Elementary, assistant principal at J. ily, the Brown family, veterans from across all reduction program that includes syringe ex- Larry Newton School, reading coach at branches, elected officials and the community change, safe sex materials, and more. With a Summerdale School, second grade teacher in of Phillips Academy will gather for the joyous Community Innovation grant from the Head- Guntersville and Albertville, and fifth grade occasion of the christening of the ship. It is a waters Foundation for Justice, MTHC ex- teacher in Orlando, Florida. Ms. Pierce has ship that embodies the spirit of Captain panded three youth-oriented programs called been shaping our nation’s youth for over a Hudner’s school—non sibi, or not for self. He Gender Jam, Little Rainbows and GR8. Since quarter century, giving them the tools they leads his life in that spirit from Fall River, to November 2016, their longest-running support need to succeed in life. Andover, to the Chosin Reservoir and on to groups have been pushed to capacity, reflect- Having spent much of my public life working his continued service to the veterans commu- ing both the success and great need for their in education policy, I have had the opportunity nity. programs. MTHC’s reach also extends far be- INGREE OLIQUIN to spend a lot of time in our local classrooms. Together with Ms. P , Mr. P , yond the LGBTQ community; in fact, dozens SONGAS RANKEL I am always struck by the hard work these Ms. T , and Ms. F , we wish our of people that MTHC helps regularly do not men and women do on a daily basis, and they very best to the Hudner and Brown families, identify as LGBTQ. In this way, they have be- and to the Philips Academy community in the rarely get the attention they deserve. Great come a true center of community health in our days to come. educators really care about their students and state. work very hard to get the most out of them. It f Through their advocacy, MTHC has worked is clear Ms. Pierce possesses these very im- with the City of Minneapolis, the Minnesota HONORING THE MILITARY portant qualities. SERVICE OF PAUL LEMMON Department of Education, and many other So, on behalf of Alabama’s First Congres- public groups. They’ve advocated for stronger sional District, I want to thank Principal Julie HON. BRIAN BABIN inclusion for and protection of trans youth in Pierce for her dedicated service and congratu- schools, effective policies to address bullying, OF TEXAS late her on being selected as Alabama’s 2017 IN THE HOUSE OF REPRESENTATIVES access to life-saving transition healthcare, and National Distinguished Principal. more. Due to their tremendous leadership in Wednesday, March 29, 2017 f the Twin Cities and around the Midwest, Mr. BABIN. Mr. Speaker, I rise today to rec- MTHC was named a Community Champion of HONORING THE CHRISTENING OF ognize Mr. Paul Lemmon, as well as the entire Pride for the 2016 Twin Cities Pride festival. THE USS ‘‘THOMAS HUDNER’’, Lemmon family, for their incredible service and During my time in Congress, I have been DDG–116 sacrifice to the United States of America. guided by generosity, inclusion, and justice for It is always an honor for me to recognize all. Organizations like the Minnesota HON. SETH MOULTON those American heroes who sacrificed so Transgender Health Coalition represent the OF MASSACHUSETTS much defending and preserving our freedom best of these values. We know that if we don’t IN THE HOUSE OF REPRESENTATIVES in World War II. This truly was the greatest fight for all aspects of racial, social, and eco- generation. nomic justice, we won’t have any of them. I Wednesday, March 29, 2017 The Lemmon family devoted their lives to am honored to represent the Minnesota Mr. MOULTON. Mr. Speaker, I rise today, serving this nation, and it is with great admira- Transgender Health Coalition in Congress, along with Ms. PINGREE of Maine, Mr. tion that I thank United States Navy veteran

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29MR8.001 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E408 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 2017 Edgar Paul Lemmon for his heroic actions dur- JENNIFER KRNETA better known as Mr. Basketball of Illinois for ing World War II in the Pacific theater. the 2016–2017 season. Mr. Lemmon courageously answered the HON. JOHN SHIMKUS Mark received the Mr. Basketball honor after a senior season in which he filled up the stats call to serve and defend his country at the age OF ILLINOIS sheet. Over the course of the season, Mark of 17. He was awarded the Purple Heart for IN THE HOUSE OF REPRESENTATIVES injuries he suffered while his ship was sweep- averaged 21.9 points, 8.2 rebounds, 8.4 as- ing the beachhead for mines to clear the way Wednesday, March 29, 2017 sists, and 2.1 steals per game. He recorded for the Marines on Iwo Jima. Mr. Lemmon and Mr. SHIMKUS. Mr. Speaker, I rise to ac- double figures in 31 of the Tigers’ 32 games, his five other brothers all served in the Armed knowledge Jennifer Krneta from Belleville, IL. and had eight games in which he scored more Services. Two of his brothers were killed in Jennifer is a Case Worker with Caritas Family than 30 points. In the championship game of action. Solutions, a foster care organization, in Belle- the Ottawa sectional, Mark scored a career- We thank Mr. Lemmon—as well as his en- ville. high 45 points in Edwardsville’s win over Danville. tire family—for their bravery and sacrifice to Jennifer has served as an exemplary Case Worker in Belleville for several years. Her ac- Outside of Mark’s individual statistics, the our great nation. Tigers boys’ basketball season was an unfor- tions came to the attention of our office thanks gettable one in the Metro East, as the team to a letter written by A1C Dakota Greenwood, f finished 30–2 and played in the Class 4A a current member of the United States Air Super-Sectional in Normal. HONORING WHITTIER POLICE Force who is serving at Osan Air Force Base. OFFICER KEITH BOYER In addition to the Mr. Basketball honor, Mark In this letter, Dakota captured the tremendous was named the ‘‘Illinois Gatorade Player of the impact that Jennifer has had on Dakota’s life Year,’’ and has scholarship offers from mul- HON. EDWARD R. ROYCE and upbringing. tiple Division 1 schools. OF CALIFORNIA After the tragic death of Dakota’s mother at I am proud to congratulate Mark on his the hands of a drunk driver, Dakota grew up IN THE HOUSE OF REPRESENTATIVES spectacular senior season and receiving this in foster care and transitioned between living honor. I look forward to continuing to follow his Wednesday, March 29, 2017 with several extended relatives, group homes, basketball career. Mr. ROYCE of California. Mr. Speaker, I rise and foster families. Throughout childhood, Da- f to honor fallen Whittier Police Officer Keith kota faced poverty, hunger, neglect, and HOLY SEE ARTICLES Boyer. He was killed in the line of duty on abuse. Through all of these adversities, Da- February 20, 2017, and his funeral was March kota credits Jennifer as the only person who 3, 2017. showed devotion to improving Dakota’s life. HON. FRANCIS ROONEY Officer Boyer is the 5th law enforcement of- Dakota believes that without Jennifer’s positive OF FLORIDA ficer to be killed and the first officer fatality influence, Dakota would not be alive today. IN THE HOUSE OF REPRESENTATIVES from the State of California in 2017. He was In addition, Jennifer played an essential role Wednesday, March 29, 2017 in helping Dakota to enlist in the Air Force. It born Nov. 27, 1963, in San Gabriel. He grad- Mr. FRANCIS ROONEY of Florida. Mr. was Jennifer who cared enough to ask about uated from La Serna High School in 1981, and Speaker, I rise today to share with my col- Dakota’s life goals and interests. It was Jen- earned a dispatcher course certificate from leagues several more articles that I have writ- Golden West College in 1989. He grew up in nifer who helped Dakota identify that service ten over the years regarding the Holy See. As his hometown of Whittier, where he would in the U.S. Air Force matched those goals and a Member of the Europe, Eurasia, and Emerg- serve his community for 25 years. interests. And it was Jennifer who ensured ing Threats Subcommittee on Foreign Affairs, As was pointed out in the Whittier Daily that Dakota was prepared to meet with an Air these pieces serve to outline and inform dis- News, he ‘loved his job’ because it gave him Force recruiter when the time came. cussions that our Committee will cover in the the opportunity to help people. Office Boyer I offer my deepest admiration and gratitude 115th Congress. to Jennifer Krneta for all that she has done for received several commendations from the De- RELIGION AND DEMOCRACY: THE EMERGING partment for his work, including the Chaplain’s A1C Dakota Greenwood and all that Jennifer DIPLOMACY OF POPE BENEDICT XVI Award for his handling of a child abuse call in continues to do for the foster children of While many Americans only see him as a 2016. He served on Whittier’s Crime Impact Southern Illinois. I hope that she continues to spiritual leader of Roman Catholics, the Team, the SWAT team, as a traffic officer, a make life better for these children for many Pope exerts an often subtle but undeniable school resource officer at La Serna High years to come. influence in international affairs. The Pope f is the final authority of the Holy See, which School, and as a K–9 handler. derives its name from ‘‘seat’’ in Latin and Last year was the 25th anniversary of the PERSONAL EXPLANATION signifies the repository of authority and di- dedication of the National Law Enforcement rection over the organization and affairs of Officers Memorial in Washington D.C. Today, the Church. As an institution and sovereign, the Memorial bears the names of over 20,000 HON. JAMES A. HIMES the Holy See is the ‘‘oldest diplomatic entity federal, state, and local officers who have fall- OF CONNECTICUT in the world.’’ IN THE HOUSE OF REPRESENTATIVES During the two World Wars, Popes Bene- en while serving their communities. This year, dict XV and Pius XII boldly promoted peace Officer Boyer will be added to that wall. Wednesday, March 29, 2017 without preconditions. The jovial Pope John Mr. Speaker, I thank Officer Boyer for his Mr. HIMES. Mr. Speaker, on March 28, XXIII and more reserved Pope Paul VI imple- dedicated service and for making the ultimate 2017, I was unable to be present to cast my mented the Vatican II reforms. The unfor- gettable legacy of John Paul II, the Polish sacrifice in the line of duty. I ask my col- vote on H. Res. 229, the rule providing for leagues in the House to join me in extending Pope, is his unswerving opposition to com- consideration of the Honest and Open New munism. The current Pope Benedict XVI, my sympathies to his family during this difficult EPA Science Treatment Act of 2017 (H.R. formerly known as Cardinal Joseph time. 1430). Had I been present for roll call No. 198, Ratzinger, continues the diplomatic tradi- I would have voted ‘‘NAY.’’ tion of the Holy See aimed at salvaging faith f in some parts of the world and promoting f reason in others. PERSONAL EXPLANATION RECOGNIZING EDWARDSVILLE While Benedict XVI is often characterized HIGH SCHOOL’S SENIOR GUARD as being less media-centric and charismatic than his predecessor, Pope John Paul II, he HON. LOUISE McINTOSH SLAUGHTER MARK SMITH demonstrated remarkable strategic focus OF NEW YORK and clarity in his papal visit to the United IN THE HOUSE OF REPRESENTATIVES HON. RODNEY DAVIS Kingdom, September 16–20, 2010. His spirit of OF ILLINOIS goodwill enabled him to overcome vocal and Wednesday, March 29, 2017 hostile opposition to the visit and, as a re- IN THE HOUSE OF REPRESENTATIVES Ms. SLAUGHTER. Mr. Speaker, I was un- sult, this visit will likely be remembered as Wednesday, March 29, 2017 a defining moment for the diplomacy of the avoidably detained and missed Roll Call vote Holy See. numbers 197, 198, 199, 200, 201, and 202. Mr. RODNEY DAVIS of Illinois. Mr. Speak- In his in-flight press conference, the Pope Had I been present, I would have voted nay er, I rise today to recognize Edwardsville High made it clear that he wasn’t willing to com- each of these votes. School’s senior guard Mark Smith, who is now promise or soften his outreach, saying that

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K29MR8.004 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 29, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E409 ‘‘a Church that seeks to be particularly at- to a different set of world challenges. Shaped people and shapes their views of justice and tractive is already on the wrong path, be- by a different personal background, he ap- right behavior.’’ cause the Church does not work for her own plied these same principles in his diplomacy. At least in the United States, statistical ends, she does not work to increase numbers His entire lifetime of experiences drove him, research backs up the Pope’s philosophical and thus power.’’ Free of constraints of po- along with President Ronald Reagan, to and theological perspective. Robert Putnam litical correctness or hegemonic aspirations, focus on the evils of communism. In his ad- and David Campbell, in their new work, the Holy See has often exhibited a unique dress to the United Nations on October 3, American Grace: How Religion Divides and clarity and honesty in its discourse. The 1979, Pope John Paul II ‘‘gave a speech in de- Unites Us, put forward empirical social visit to the United Kingdom was no excep- fense of basic human rights that left the del- science research to argue for the value of re- tion. egates from communist countries worried’’ ligion in establishing good behavior and im- During the same press conference, the wherein he said that politics must begin proved citizenship. Their data show when re- Pope expressed his gratitude towards Queen with ‘‘a proper understanding of the dignity ligion matters to people, they are more char- Elizabeth for elevating the trip to the level of the human person’’ and that respect for itable with their time and their money, and of a state visit. The Pope said that the visit human rights was ‘‘the prerequisite to true they belong to more civic organizations. The reflected the ‘‘common responsibility of poli- peace.’’ Elaborating his message further, research also correlates positively with po- tics and religion for the future of the con- John Paul II told an audience of scientists in litical involvement of all ideologies and vot- tinent and the future of humanity: the large, 2000 that ‘‘faith is not afraid of reason’’ be- ing. Interestingly, the data show that the shared responsibility so that the values that cause they ‘‘are like two wings on which the more religious one is, the more likely that create justice and politics and which come human spirit rises to the contemplation of person is to feel that tax evasion is ‘‘always from religion, share the journey in our truth.’’ wrong.’’ These are behaviors which are es- time.’’ This is a universal message, not just These two examples illustrate the con- sential to a smoothly functioning democracy intended for Britons but also for a global au- tinuity of thought of Holy See diplomacy which is engaged in preserving its freedoms. dience. and the important symmetries between two Their research proves empirically what There was a great deal of controversy sur- ‘‘modern’’ popes, often less recognized than George Washington thought in 1796, that ‘‘of rounding the Pope’s trip. Notable their differences. More open to inter-reli- all the dispositions and habits which lead to antireligious personalities, such as Chris- gious and pluralistic, democratic process, political prosperity, religion and morality topher Hitchens and Richard Dawkins, called these two popes have done much to foster are indispensable supports.’’ for the British authorities to arrest the Pope the dialogue about the place of religion in RELIGION AND REASON immediately upon his arrival due to their democracy. culture, and the political moral- The Pope’s concern for the perils of secu- opinion that the Church had criminally en- ity of society. abled child abuse. The Guardian opposed the larism has led to the second front of his per- RELIGION AND DEMOCRACY visit and accused the Holy See of increasing sonal diplomacy, the quest for a mutual rela- the number of impoverished families and of President Richard Nixon, a staunch anti- tionship between reason and religion. His the spread of HIV/AIDS in Africa by its posi- communist, was capable of rapprochement first opportunity to raise this issue came tion on the use of condoms. As George with China at a time when opposition to with the Islamic outrage over the publica- Weigel has pointed out in a December 2010 such an outreach was strong. While not ex- tion of a cartoon of the Prophet Mohammed essay, ‘‘Fail, Britannia,’’ even the Catholic actly analogous and on an entirely different by the Danish cartoonist Kurt Westergaard left was seduced to some degree by the in- plane, an unstintingly conservative Pope has in 2005. The Pope’s comment that ‘‘intoler- tense criticisms. For example, Sir Stephen been able to actively engage nonbelievers ance and violence can never be justified as Wall, an advisor to the Diocese of West- and the most secular of peoples in robust response[s] to offenses’’ parallels the U.S. minster and to Prime Minister Tony Blair, dialogue. Cardinal Ratzinger honed his intel- State Department’s official position, which wrote that ‘‘individuals have their own val- lectual arguments in several publications defended freedom of speech even when it was ues . . . changing moral code is a normal and has become a leader for theologians. unpopular to do so. Both the United States part of social evolution.’’ Just over a year before he was elected pope, and Holy See offered courageous support for All of this controversy allowed the Pope to then Cardinal Ratzinger worked with the journalists the world over. This issue contin- draw the clearest comparisons yet in his five noted neo-socialist Ju¨ rgen Habermas to ued as recently as last Fall when a group of year papacy between the state of affairs in write a series of essays in the book, The Dia- extremists attempted to bomb the Swedish the modern world today and aspirations for a lectics of Secularization: On Reason and Re- newspaper Jyllands-Posten because it had re- more fully human order. During the UK trip, ligion. This is the same person who spoke printed the cartoon as a demonstration of the Pope succeeded in articulating two crit- out against the ‘‘dictatorship of relativism’’ free speech. ical challenges: (1) the risk of an increasing in the 2005 conclave that elected him. This Months later, Pope Benedict’s first foray marginalization of religion—encapsulated in Pope is simultaneously capable of speaking into the global spotlight after his election the phrase, ‘‘dictatorship of relativism,’’ and forcefully about his positions while actively featured highly publicized remarks at his (2) the need for combining and rationally ac- engaging the most ardent dissidents. former teaching post, the University of commodating both reason and religion in the Many link the Pope’s focus on the need for Regensburg. The Pope referred to Byzantine modern world. The fact that two-thirds of all religion as a building block of democracy emperor Manuel II Paleologus saying Islam papal visits to date have been to Europe cer- with his boyhood experiences during the is Prophet Mohammed’s ‘‘command to spread tainly reinforces the Pontiff’s hopes for the Third Reich. British Historian Michael by the sword the faith he preached’’ in an ef- re-evangelization of Europe. Burleigh reveals Nazi leaders’ determination fort to express his concem over the extre- In his address to diplomatic, business and to ‘‘demolish the moral authority of the mism, aggression and immutability reflected academic leaders at Westminster Hall, the Catholic Church’’ in order to later abrogate in certain Islamic doctrines and parts of the Pope laid out the case for the coexistence of citizens’ rights. The Pope believes that once Koran. religion and politics. ‘‘Britain has emerged religion becomes attenuated and removed As the sound bite reverberated around the as a pluralist democracy which places great from society, then the void is filled by an au- world, evoking a variety of reactions, the value on freedom of speech . . . with a strong thoritarian dictatorship and there is no broader meaning and intent of his expres- sense of the individual’s rights and duties.’’ longer a check or balance to political power. sions that day have resonated more pro- He also said that such a stance squares with This concept has also been expressed by foundly as a global discussion and analysis of Catholic social teaching and ‘‘its overriding President George W. Bush, as he has often the Koran, Islam and its relations to the concern to safeguard the unique dignity of said that free people foster peace because modern world have ensued. every person . . . and in its emphasis on the they can change out their leaders. There is a The crucial point, reinforced constantly duty of civil authority to foster the common similar history with the evolution of dissent since Regensburg, is that reason and religion good.’’ Contrary to the critics of his visit, in communist Russia, from Alexander Sol- can—and indeed must—co-exist in the mod- the Pope showed that a platform for good zhenitsyn, who gave life to the focus on ern world. The only way forward is to contin- government and justice is created by mutu- human rights in Russia, to Pope John Paul ually foster this mutual relationship. What ally reinforced reason and faith. II. is a quest for rationality tempering fervor These concepts are linked to Vatican II Former Secretary of State Madeleine and fanaticism in some expressions of Islam (1962–1965), which was a turning point for the Albright writes that part of the failure of the and other religious traditions is coupled, at evolution of Church relations in the world, opposition to communism in Vietnam was least by the Pope and the Holy See, with building upon past traditions and policies the fact that the Saigon government re- more fervor and excitement about religion in while finding new approaches with which to pressed Buddhism—the ‘‘largest noncommu- the modern, secular state. confront the global realities of the 1960s. nist institution in the country’’—leaving an Since Regensburg there have been numer- This human dignity and the essential, inher- obvious void. She also criticized in her book ous debates and publications commenting on ent rights of man as demonstrated in its those who sought to ignore or downplay the the issue of the immutability of the word of most significant pronouncements, specifi- role of religion in many of the foreign policy the Prophet Mohammed expressed in the cally Pacem in Terris, Gaudium et Spes and conflicts she dealt with during her time in Koran, on whether Shiite or Sunni Islam is Dignitatis Humanae. government, like Northern Ireland, Muslim more subject to interpretation and Benedict’s predecessor, Pope John Paul II, India and pre-revolutionary Iran, saying, contextualization and about what the En- had witnessed a Holy See diplomacy reacting ‘‘Religion is a large part of what motivates lightenment meant or should mean for

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A29MR8.006 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E410 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 2017 Islam. These issues are important and rel- ketball player myself, I understand the time, Walter Sisulu, Denis Golberg, Govan Mbeki, evant to the discussion of religion in moder- hard work and dedication that goes into being Raymond Mhlaba, Elias Motsoaledi, and An- nity and underscore the urgency of the need awarded such a title. Additionally, Brea has drew Mlangeni. The Rivonia trial became a for workable doctrines, policies and intellec- tual frameworks within which to create op- consistently been ranked as one of the top signature moment in the struggle against portunities for reconciliation and conflict basketball players in the state. Last year, she apartheid. Mr. Kathrada spent 26 years and 3 avoidance. was the only freshman to make the Class 4A months behind bars, 18 of them on Robben Again in his address at Westminster Hall, Illinois Basketball Coaches Association all- Island, the apartheid regime’s most notorious the Pope postulated that advocates of both state first team and has showed continued prison. secular rationality and religious belief ‘‘need growth in skill and heart. She is ranked as one When he was in prison, he was sent to work one another and should not be afraid to enter of the top sophomore prospects in the nation, in a limestone quarry for more than a decade. into a profound and ongoing dialogue, for the scoring more than 1,200 points in her young good of our civilization.’’ At one point, Mr. Kathrada, Mr. Mandela, and basketball career and only the third sopho- The harsh reality of the fault line between Mr. Sisulu were put on a meager ration of rice more ever to be named Ms. Basketball of Illi- reason and religion has received greater gruel as punishment for supposedly not work- nois. At this rate, Brea is on pace to break al- international attention following the United ing hard enough. Because Kathy was a Kingdom visit. Religious intolerance re- most every Western Big 6 Conference record mixed-race convict, he was given long trou- cently fueled two deadly church bombings in by the time she graduates. sers while black convicts had to wear shorts the Middle East. The October 31, 2010 mas- Not only does Brea lead on the court as the without socks and even rations were distrib- sacre in Baghdad killed more than 50 Syriac captain of the basketball team, she’s also Catholics and 23 Coptic Christians were mur- deeply involved in our community, spending uted by race. Mr. Kathadra refused to accept dered in Alexandria, Egypt on January 1, his privileges unless they were also extended 2011, all while attending services. These time volunteering when she isn’t practicing. Moreover, she is strong academically and to his black comrades. He and other African events tragically reaffirm the Pope’s UK call National Congress (ANC) leaders helped Nel- for religious freedom. maintains a 3.6 grade point average. It is because of passionate young leaders son Mandela draft his memoirs in prison and CONCLUSION smuggle them out. While in prison, Mr. In his five years as pope, Benedict has led like Brea that I am especially proud to serve Illinois 17th Congressional District. Again, I’d Kathrada obtained four university degrees, two a diplomatic mission embracing the positive in history and two in African politics. role of religion in politics, global justice and like to congratulate Brea Beal for making the the peaceful evolution of civilization. Occa- Quad-Cities proud, and wish her every suc- When he was released from prison, he sionally blunt and sometimes misunder- cess in her bright future. wasn’t bitter, he practiced only peace and was stood, he has not shrunk from the 21st cen- f committed to resolving race relations in South tury challenges of secularization and radi- Africa. He was elected Parliament as a mem- calism and has lent his lifetime of theo- HONORING THE LIFE OF AHMED ber of the ANC in the first all-inclusive demo- logical and philosophical study to help solve ‘‘KATHY’’ KATHRADA these seemingly intractable problems. cratic South African elections in 1994 and was In his address for the celebration of the appointed to be a political advisor to President World Day of Peace on January 1, 2011, deliv- HON. STEVE COHEN Nelson Mandela in the newly created post of ered almost as the attack in Alexandria was OF TENNESSEE Parliamentary Counsellor. He left parliamen- taking place, the Pope highlighted the IN THE HOUSE OF REPRESENTATIVES tary politics in 1999. humanizing and civilizing role of religion in the development of civil society. Pope Bene- Wednesday, March 29, 2017 After his release, Kathy preached forgive- dict XVI said, ‘‘Freedom and respect are in- Mr. COHEN. Mr. Speaker, I awakened ness. He befriended the people who had been separable;’’ and, moreover, that ‘‘religious today to the news of a gentleman from South his guards and who had subjected him. He ac- freedom is the condition for the pursuit of Africa, who was a man of historic proportion, tually moved back to Robben Island in 1999— truth.’’ He went on to quote from the Vati- an anti-apartheid activist and a blessed man, this time to a private house, where he lived for can II Declaration on Religious Freedom nearly five years as the president of the Dignitatis Humanae: ‘‘in exercising their Ahmed Kathrada, known as Kathy, passed rights, individuals and social groups are away. Robben Island Museum where he led tours of bound by the moral law to have regard for I had the privilege to meet this great man on the museums. On my second trip to South Af- the rights of others.’’ Once again, in this two occasions, once in August 2009 and again rica, where I met him for the second time, it message broadly addressed to all people, the in June 2016 while on a Congressional Dele- was remarkable to see the prison guards hand Pope reaffirmed the critical linkages of reli- gation honoring the 50th Anniversary of Rob- the key to the prison to the former prisoner. gious freedom and human dignity to the pur- ert F. Kennedy’s famous June 6, 1966 ‘‘Rip- suit of justice and peace, and to the truth Kathy remained dedicated to the ANC for and objective credibility which reason ad- ples of Hope’’ human rights speech. I was to- the rest of his life and he was never afraid to duces to the profession of faith. tally awed by his life and his peaceful nature. speak his mind. He was a member of his Though a relatively older Pope when he Kathy Kathrada spent decades in jail with neighborhood branch and attended national was elected, Pope Benedict XVI has shown Nelson Mandela, then spent the first years of functions of the ANC. Last April, he called on vigor and spirit in expressing the diplomacy democracy helping to shape South Africa’s President Zuma to resign, after South Africa’s of the Holy See. The September trip to the government after the fall of apartheid. United Kingdom urged preservation and en- highest court found that the president violated Kathy was an Indian gentleman and when his oath of office by refusing to pay back pub- hancement of the role of religion in modern he was eight years old his family moved from society and government, and continues to lic money spent on renovations to his rural call for dialogue and the coexistence of reli- Schweizer-Reneke two hundred miles away to home. He was never afraid to criticize corrup- gion and reason in today’s world. Johannesburg because there were no schools tion and promote the values of love and for Indians. Not only were there no schools for f peace. He lamented that South Africa re- Indians, but when he was sent to prison there mained so geographically divided and eco- RECOGNIZING BREA BEAL, MS. were no cells for Indians either. nomically disparate. He always worked for a BASKETBALL OF ILLINOIS FOR He became, at a very early age, an activist non-sexist, non-racial, democratic South Afri- 2017 for social reform and against apartheid, first ca. for Indian rights and then against apartheid HON. CHERI BUSTOS and for South African rights. He became a po- He received four honorary degrees in his life including from the University of Kentucky, OF ILLINOIS litical activist at 12 years old and at 17 years Michigan State, and the University of Missouri. IN THE HOUSE OF REPRESENTATIVES old, he was arrested for the first time after he left school to join the Transvaal Passive Re- He is rightly revered in South Africa and Wednesday, March 29, 2017 sistance Council. around the world. Kathy was a great human Mrs. BUSTOS. Mr. Speaker, I rise today to Kathy came into prominence in July 1963, being and a humanitarian individual who congratulate Brea Beal of Rock Island for when he was arrested with other anti-apart- served the Indian people, the South African being named this year’s Ms. Basketball of Illi- heid activists in Rivonia. That October, he was nation, and humanity in a superb fashion. nois. indicted on charges of trying to overthrow the Kathy is survived by his longtime partner Bar- Brea is the first Quad-City basketball player government, start a guerrilla war, and open bara Hogan, a former political prisoners and to be awarded the title of Ms. Basketball of Illi- the door to invasion by foreign powers. On government minister. His was a life well-lived. nois, and I would like to recognize her for her April 1964, he was sentenced to life in prison, I was fortunate to have met him, and I am tremendous talent. As a former college bas- at hard labor, along with Nelson Mandela, sorry for his loss.

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A29MR8.006 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 29, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E411 CONGRATULATING THE SILSBEE Act. My bill requires the Secretary of State to TRIBUTE TO THE EDITOR OF MID- BULLDOGS FOR THEIR STATE determine whether or not North Korea meets LAND DAILY NEWS AT THE CHAMPIONSHIP VICTORY the criteria for a State Sponsor of Terrorism. HEARST CORPORATION JOHN H. It also expresses the sense of Congress that ‘‘JACK’’ TELFER II HON. BRIAN BABIN North Korea likely meets the criteria for des- OF TEXAS ignation as an SST. North Korea is a State HON. JOHN R. MOOLENAAR IN THE HOUSE OF REPRESENTATIVES Sponsor of terrorism. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Wednesday, March 29, 2017 And that’s just the way it is. Wednesday, March 29, 2017 Mr. BABIN. Mr. Speaker, I rise today to con- gratulate the Silsbee Bulldogs for winning the f Mr. MOOLENAAR. Mr. Speaker, I rise today Class 4–A State Basketball Championship on to pay tribute to Jack Telfer, the Editor of the Midland Daily News, upon his retirement. March 11, 2017 at the Alamodome in San An- EXPRESSING THE SENSE OF CON- GRESS THAT THE SUPREME Jack was born and raised in Port Huron tonio, Texas. There is no doubt it takes an in- where he attended St. Clair County Commu- credible amount of persistence, hard work, COURT MISINTERPRETED THE FIRST AMENDMENT TO THE CON- nity College and earned his Associates de- passion and skill to accomplish this feat. gree. He went on to attend Central Michigan These young men have shown all of these STITUTION IN THE CASE OF BUCKLEY V. VALEO RESOLUTION University and graduated with a Bachelors in qualities and I applaud each and every one of Journalism in 1978. After finishing school, them. I would like to personally recognize Jack began his career in journalism as a court each one of them and their coaches. HON. MARCY KAPTUR and police beat reporter for the Daily Tribune. Players: Bruce Newton, Calvin Tyler, Mi- Jack went on to become the Editor of the chael McCain, Braelon Bush, Jordyn Adams, OF OHIO Huron Daily Tribune in 1983. His leadership Trajan Harris, Willie Jones, Adonis Thomas, IN THE HOUSE OF REPRESENTATIVES was exceptional and he earned the Hearst Jadon Bass, Landyn Tyler, Chris Martin, Chris Eagle Award, which is the company’s highest Thomas, Decoby Jones, Kalon Barnes and Wednesday, March 29, 2017 award for excellence. In 1991, he moved to Devon McCain; Superintendent: Richard Bain; Midland to become the Editor of the Midland Principal: Paul Trevino; Athletic Director: Ms. KAPTUR. Mr. Speaker, I rise today to Daily News, another Hearst Publication. In his Randy Smith; Assistant Athletic Director: Kim introduce the ‘‘Expressing the Sense of Con- 25 years at the Midland Daily News, he has Albers; Head Coach: Joe Sigler; Assistant gress that the Supreme Court Misinterpreted been a cornerstone of the paper’s success Coaches: Ira Brooks and James Collins; Man- the First Amendment to the Constitution in the and helped lead it to the 2016 Michigan Press ager: Jerome Boykins; Athletic Trainer: John Case of Buckley v. Valeo’’ Resolution, an im- Association Newspaper of the Year award. Williamson; Student Trainer: Brittany Ste- portant bill to promote and preserve free Outside of work, Jack’s wife Jeanne, daugh- ter Renee and son John Telfer III along with phens. speech. I wish each one of them continued success their spouses and his grandchildren have on and off the basketball court. Go Bulldogs. The landmark Supreme Court case Buckley been the biggest part of his life. Jack looks f v. Valeo was decided over forty years ago. forward to spending more time with them and Justice Byron White called the decision ‘‘a further imparting his legacy of faith and love of H.R. 479, THE NORTH KOREA mortal danger against which effective preven- hockey. STATE SPONSOR OF TERRORISM tive and curative steps must be taken.’’ Jack has been especially helpful in giving DESIGNATION ACT OF 2017 back to Michigan’s Fourth District. He has had In the wake of a Presidential election where strong involvement with the United Way of HON. TED POE spending approached $5 billion, we see the in- Midland, volunteering and serving on the fluence of wealthy donors. They are granted OF TEXAS board. His strategic thinking has helped the an inordinate amount of influence over the IN THE HOUSE OF REPRESENTATIVES organization and our community. politicians they elect. True to form, it appears On behalf of the Fourth Congressional Dis- Wednesday, March 29, 2017 to have endowed donors with an unusually trict of Michigan, I am honored today to recog- Mr. POE of Texas. Mr. Speaker, North high number of Cabinet positions in the Trump nize Jack Telfer for his lifetime of work in Korea spent 20 years on the State Sponsor of Administration. Nearly 38 percent of President media and for his commitment to the Midland Terrorism list for acts of international terrorism Trump’s high-level government posts were Community. and its dangerous proliferation activities. But in given to campaign donors. f 2008, North Korea was taken off the state TO CONGRATULATE AND HONOR sponsors of terrorism list in exchange for its Congress must end the current practice of ANGELINA M. PENNISI STEINER commitment to dismantle its nuclear program. allowing elections to be bought by the highest FOR HER LITERARY ACHIEVE- Nine years later, we’ve lived up to our end bidder. If money equals free speech, then lack MENTS of the bargain while North Korea has carried of money equals lack of free speech. out four nuclear tests. Not only that—but little We must ensure that our campaigns are re- HON. MATT GAETZ Kim has escalated his support for international flective of the people’s voices, not those of terrorism. OF FLORIDA Wall Street and corporations. Buckley v. Valeo IN THE HOUSE OF REPRESENTATIVES In 2009 alone, three North Korean arms took this inviolate First Amendment right away shipments bound for terrorist groups were Wednesday, March 29, 2017 from the people. In order to secure free interdicted. North Korean experts have ad- speech as a right of ‘‘we the people,’’ this mis- Mr. GAETZ. Mr. Speaker, today I rise to vised both Hezbollah and Hamas in the con- interpretation must be readdressed. congratulate and honor Angelina M. Pennisi struction of their terrorist tunnel networks. Steiner for her literary achievements. At the North Korea has directly menaced the U.S. age of thirteen, her poem ‘‘The Rusty Clock’’ f using new-age digital terrorism, launching was selected to be included in the award-win- cyber-attacks against U.S. government agen- PERSONAL EXPLANATION ning Children’s Album of Poetry Archives. cies and Sony Pictures. After submitting another poem, ‘‘A Nightly Last month Kim Jon-un’s half-brother was Wish,’’ Mrs. Steiner became the only person in brutally assassinated in Malaysia by sus- HON. RICHARD HUDSON her school to be included twice. In 2014, her pected North Korean operatives using the first book, ‘‘Chasing Dreams’’ was published. chemical weapon VX nerve agent. OF NORTH CAROLINA Now, her second book, ‘‘Beautiful Words North Korea’s actions have only grown more IN THE HOUSE OF REPRESENTATIVES Coming My Way’’ is being published and flagrant since being removed from the ter- archived in the Library of Congress. rorism list. Kim’s actions threaten our infra- Wednesday, March 29, 2017 Mrs. Steiner joined the Plant City Senior structure, our economy, and ultimately our na- Center several years ago, where she shared tional security. Mr. HUDSON. Mr. Speaker, on roll call no. her talents in weekly poetry readings. She be- That’s why I introduced H.R. 479 The North 186, I was unavoidably detained. Had I been came a member of the Florida Writer’s Asso- Korea State Sponsor of Terrorism Designation present, I would have voted Aye. ciation, has been a guest at Winter Haven’s

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K29MR8.005 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E412 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 2017 ‘‘Meet the Artist Event in the Park,’’ and was very grateful for her tireless efforts to make TRIBUTE TO DR. LUNS C. the featured guest speaker at Bruton Memorial the community stronger. A woman of great in- RICHARDSON Library. Angelina recently participated in the tegrity, her efforts, her dedication, and her ex- 36th Annual Tampa Bay Senior Talent Show- pertise in her field are unparalleled, but her HON. JAMES E. CLYBURN case. heart for helping others is what has made her OF SOUTH CAROLINA A loving wife, and a mother of four children, life’s work truly special. IN THE HOUSE OF REPRESENTATIVES Mrs. Steiner is inspired from everyday events, On a personal note, I have been blessed to and has the talent to paint a beautiful picture know Dina since 1972 when I first moved to Wednesday, March 29, 2017 through her poetry. Her rare talent and literary Columbus. She and her family have been dear Mr. CLYBURN. Mr. Speaker, I rise today to achievements must not go unrecognized. It friends to me and my family and I can say pay tribute to a patriotic American, outstanding makes me proud that a constituent of mine without reservation that she is one of the most South Carolina, and very special friend and has achieved success in her literary endeav- passionate and warmhearted individuals with constituent, Dr. Luns C. Richardson. He is re- ors. whom I have had the pleasure of working. tiring after 43 years as President of Morris f Mr. Speaker, I ask my colleagues to join me College in my hometown of Sumter, South IN RECOGNITION OF RHUDINE in extending our sincerest appreciation to Mrs. Carolina, the alma mater of both my parent. DORSEY Rhudine Dorsey as she celebrates 45 years of Dr. Luns C. Richardson is the longest serv- service with the Georgia Legal Services Pro- ing college president in South Carolina and HON. SANFORD D. BISHOP, JR. gram. the ninth president of Morris College. He is a native of Hartsville, where he graduated from OF GEORGIA f Butler High School in 1945 as Class Valedic- IN THE HOUSE OF REPRESENTATIVES torian. He received the A.B. degree (magna Wednesday, March 29, 2017 HONORING THE LIFE OF MR. cum laude) from Benedict College and the DONALD ELY Mr. BISHOP of Georgia. Mr. Speaker, it is M.A. degree in higher education administration my honor and pleasure to extend my personal at Teachers College, Columbia University. He congratulations to an exceptional community HON. LOU BARLETTA pursued additional studies at my alma mater, South Carolina State University, Rutgers Uni- leader and outstanding citizen, Mrs. Rhudine OF PENNSYLVANIA versity and the University of Tennessee at Warren Nelson Dorsey, fondly known as Dina, IN THE HOUSE OF REPRESENTATIVES as she celebrates 45 years of service with the Knoxville. Georgia Legal Services Program. Wednesday, March 29, 2017 Dr. Richardson held several significant posi- Dina was born to John and Minnie Warren tions in secondary, vocational and higher edu- Mr. BARLETTA. Mr. Speaker, it is with a cation before becoming President of Morris in Columbus, Georgia. As an ‘‘Army brat,’’ her heavy heart that I honor the life of my friend, family moved around a lot and she attended College in 1974. He served fifteen years at Mr. Don Ely, and express my deepest condo- Denmark Technical College (then known as several schools. She finished high school at lences to his family and friends. William H. Spencer High School in Columbus, South Carolina Area Trade School) as Dean On March 13, 2017, at 81 years old, Don Georgia. She furthered her education at Co- of Men, Chaplain and teacher, two years as passed away. The people of Sunbury and the lumbus College (now Columbus State Univer- the principal of St. Helena High School, greater community of Pennsylvania’s 11th Dis- sity) and Chattahoochee Valley Community Frogmore, South Carolina, and one year as trict, along with myself, will miss him greatly College. the principal of Wilson High School, in Flor- and are forever thankful for the service he pro- In 1972, Dina began working at the Georgia ence, South Carolina. He also served six vided his community. Legal Services Program, formerly the Legal years at Benedict College, the last sixteen Aid Society, and has been an advocate for Don began his career as a clergyman, serv- months as Acting President. Prior to his as- low-income clients with the organization ever ing congregations across the Commonwealth suming the presidency of Morris College, he since. She started as a receptionist under the for nearly a decade before launching his ca- was the Executive Vice President at Voorhees management of attorney Rufe McCombs. She reer in education. Don was an accomplished College in Denmark, South Carolina. He has since served as Domestic Relations Coor- school teacher, having taught history, govern- served as pastor of Thankful Baptist Church in dinator, Communications Coordinator, Pro ment, and civics for over 32 years. at Bamberg, South Carolina for 56 years, 1958 Bono Coordinator, and Paralegal. In these Shikellamy High School in Sunbury. During until 2014. roles, she has helped numerous clients collect the majority of his teaching years, he contin- My family’s relationship with Morris College countless dollars owed to them by government ued his work as a pastor until he had com- is very personal. My mother graduated from agencies such as the Social Security Adminis- pleted 25 years of his ministry. In addition to Morris College in 1953 when I was 12 years tration. his work as a pastor and an educator, Don old. My father studied theology at Morris in the The Georgia Legal Services Program was was also active in politics. He became a mem- early 1940s for three years but was not al- founded in 1971, just one year before Dina ber of the Northumberland County Republican lowed to finish his studies because he had not began to work there. While independent of the Committee in 1987 and the Republican State graduated from high school. Having been bom Georgia State Bar, the organization was Committee in 1992, never missing a single in 1897 in segregated South Carolina, my fa- formed to establish a statewide legal services meeting. Don was instrumental in supporting ther was never allowed to advance beyond the program and provide expanded legal services Republican candidates on the local, state, and seventh grade. Though he was not allowed to in Macon, Columbus and Savannah. Today, federal levels. He was also an active, contrib- graduate in 1945 as he should have, thanks to the Georgia Legal Services Program serves uting member of the Heritage Foundation, the Dr. Richardson and the Board of Trustees, he about 10,000 clients a year directly and many Commonwealth Foundation of Pennsylvania, was posthumously awarded his Bachelor of more through free legal clinics and ‘‘Ask a and Pennsylvanians for Effective Government. Theology Degree 58 years later in 2003, a Lawyer’’ days. Whether it was his years of leadership for the most proud moment for my family and for me. Dina’s work with the Georgia Legal Services Republican Party of Pennsylvania, his work as Under Dr. Richardson’s leadership, numer- Program over the past 45 years has been a teacher, or his dedication to his family, ous developments have taken place at Morris widely recognized in the Columbus commu- Don’s impact on the Sunbury community will College: the liquidation of a half-million indebt- nity. In 2006, she received the Liberty Bell not soon be forgotten. edness, the construction of 17 new buildings, Award from the Columbus Bar Association. Don is survived by his wife of 49 years, Lois an increase in library holdings to more than That same year, she received the Mayor’s Kirkpatrick Ely, and their three children, Kath- 132,000 volumes, faculty upgrading to 72 per- Commission on Unity and Diversity Distin- leen Ely Lybarger, Dr. Stephen Ely and his cent earned doctorates, curriculum expansion guished Woman Award. wife Herta, and Yvonne Ely Renaud, his including at least 16 new majors and an Army Dr. Benjamin E. Mays often said: ‘‘You grandchildren, Olivia, Sophia, and Luke ROTC unit. make your living by what you get; you make Lybarger, James, Ethan, and Patrick Renaud, The endowment has grown from $30,000 to your life by what you give.’’ Not only has Dina George and Stephen Ely, his niece, Sandra more than $12 million. He also led Morris Col- established a legacy in advocating for quality Smith Kastel, as well as Philip Smith and lege in its initial accreditation by the Southern legal services for low-income people, but she Cindy Smith Leist. Association of Colleges and Schools Commis- has also done a tremendous job of giving Mr. Speaker, please join me in honoring the sion on Colleges in 1978 and to membership back to the great city of Columbus, and I am legendary life of Mr. Don Ely. in the United Negro College Fund in 1982.

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29MR8.012 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 29, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E413 Dr. Richardson has received more than 100 And that is just the way it is. cusing on improved forecasting for re- honors and awards, locally, statewide, region- f sponses and mitigation. ally, and nationally from Greek letter organiza- SD–192 SENATE COMMITTEE MEETINGS tions, churches, conventions, schools, col- Committee on Armed Services Title IV of Senate Resolution 4, Subcommittee on Cybersecurity leges, civic organizations, states and cities. To receive a closed briefing on cyber Benedict College and Teachers College, Co- agreed to by the Senate of February 4, 1977, calls for establishment of a sys- threats to the United States. lumbia University, have named him out- SVC–217 standing alumnus. Morris College, Benedict tem for a computerized schedule of all Committee on Commerce, Science, and College, and Coker College have conferred on meetings and hearings of Senate com- Transportation him honorary doctorate degrees, as well as mittees, subcommittees, joint commit- Subcommittee on Surface Transportation Simmons Bible College in Louisville, Kentucky. tees, and committees of conference. and Merchant Marine Infrastructure, As a leader in the community and throughout This title requires all such committees Safety and Security South Carolina, he has served on many to notify the Office of the Senate Daily To hold hearings to examine keeping Boards and Commissions to include the South Digest—designated by the Rules Com- goods moving, focusing on continuing to enhance multimodal freight policy Carolina Chamber of Commerce Board. mittee—of the time, place and purpose and infrastructure. Mr. Speaker, the full list of Dr. Richardson’s of the meetings, when scheduled and SR–253 accomplishments could fill volumes in the any cancellations or changes in the Congressional Record. It suffices to say, Dr. meetings as they occur. APRIL 5 Luns C. Richardson is a giant of a man whose As an additional procedure along impact on the countless lives he touched, the with the computerization of this infor- 9:30 a.m. City of Sumter, the state of South Carolina mation, the Office of the Senate Daily Committee on Homeland Security and and indeed the entire nation will be felt Digest will prepare this information for Governmental Affairs throughout the ages. printing in the Extensions of Remarks To hold hearings to examine improving border security and public safety. f section of the CONGRESSIONAL RECORD on Monday and Wednesday of each SD–342 PERSONAL EXPLANATION week. 10 a.m. Meetings scheduled for Thursday, Committee on Appropriations HON. BETTY McCOLLUM March 30, 2017 may be found in the Subcommittee on Transportation, Housing OF MINNESOTA Daily Digest of today’s RECORD. and Urban Development, and Related IN THE HOUSE OF REPRESENTATIVES Agencies Wednesday, March 29, 2017 MEETINGS SCHEDULED To hold hearings to examine protecting our midshipmen, focusing on pre- APRIL 3 Ms. MCCOLLUM. Mr. Speaker, I missed a venting sexual assault and sexual har- vote on March 24, 2017 to approve the Jour- assment at the U.S. Merchant Marine 10 a.m. Academy. nal. I would have voted to approve the pre- Committee on the Judiciary SD–192 vious day’s Journal. Business meeting to consider the nomi- Committee on Commerce, Science, and f nations of Neil M. Gorsuch, of Colo- Transportation rado, to be an Associate Justice of the Business meeting to consider pending H.R. 390, IRAQ AND SYRIA GENO- Supreme Court of the United States, calendar business. CIDE EMERGENCY RELIEF AND and Rod J. Rosenstein, of Maryland, to ACCOUNTABILITY ACT OF 2017 be Deputy Attorney General, and Ra- SH–216 chel L. Brand, of Iowa, to be Associate Committee on Health, Education, Labor, Attorney General, both of the Depart- and Pensions HON. TED POE To hold hearings to examine the nomina- OF TEXAS ment of Justice. SH–216 tion of Scott Gottlieb, of Connecticut, IN THE HOUSE OF REPRESENTATIVES to be Commissioner of Food and Drugs, Wednesday, March 29, 2017 APRIL 4 Department of Health and Human Services. Mr. POE of Texas. Mr. Speaker, the evil SD–430 group, ISIS, intentionally targeted Christians 9:30 a.m. Committee on Armed Services Joint Economic Committee worldwide because of their religious belief. But To hold hearings to examine United To hold hearings to examine the decline ISIS did not only target Christians. They tar- States Strategic Command programs. of economic opportunity in the United geted any religious group, including some SD–G50 States, focusing on causes and con- Muslims who disagree with them. Committee on Homeland Security and sequences. These sick folks are proud of the fact that Governmental Affairs LHOB–1100 To hold hearings to examine fencing they commit genocide. ISIS fighters posted 10:30 a.m. along the southwest border. videos and pictures online of their barbaric be- Committee on Appropriations SD–342 headings of Christians and others who refused Subcommittee on Department of Defense to bow to their ideology. 10 a.m. To hold closed hearings to examine intel- Thanks to these horrendous crimes against Committee on Energy and Natural Re- ligence programs and threat assess- humanity, for the first time since Jesus there sources ment. are almost no Christians left in this part of the To hold hearings to examine efforts to SVC–217 protect U.S. energy delivery systems world. There were 1.5 million Christians in Iraq 2 p.m. in 2003. Since that time, terrorists have either from cybersecurity threats. SD–366 Committee on Foreign Relations killed or forced Christians to run for their lives. Subcommittee on Africa and Global Health The massacres committed by this terrorist Committee on Health, Education, Labor, and Pensions Policy group in the name of a perverted jihad religion To hold hearings to examine FDA user To hold hearings to examine a progress are the worst crimes we have seen in our life- fee agreements, focusing on improving report on conflict minerals. time. H.R. 390 will help those groups that medical product regulations and inno- SD–419 have suffered unimaginable atrocities at the vation for patients. hands of ISIS get the assistance they need. I SD–430 APRIL 6 am proud to be a cosponsor of this bill. This 2:30 p.m. 9:30 a.m. legislation demands ISIS be held accountable Committee on Appropriations Committee on Armed Services for what it does. By identifying these perpetra- Subcommittee on Commerce, Justice, To hold hearings to examine United tors of genocide we will be able to hold crimi- Science, and Related Agencies States Southern Command and United nal trials and bring them to justice. After all, To hold hearings to examine national States Northern Command. isn’t justice what we do in the United States? water hazards and vulnerabilities, fo- SD–G50

VerDate Sep 11 2014 03:54 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A29MR8.015 E29MRPT1 lotter on DSK5VPTVN1PROD with REMARKS Wednesday, March 29, 2017 Daily Digest Senate began consideration of H.J. Res. 67, disapproving Chamber Action the rule submitted by the Department of Labor re- Routine Proceedings, pages S2055–S2118 lating to savings arrangements established by quali- Measures Introduced: Twenty bills and two resolu- fied State political subdivisions for non-governmental tions were introduced, as follows: S. 755–774, and employees, after agreeing to the motion to proceed S. Res. 102–103. Pages S2098–99 to consideration of the joint resolution. Pages S2055–96 Measures Reported: A unanimous-consent agreement was reached pro- Special Report entitled ‘‘Report of the Select viding for further consideration of the joint resolu- Committee on Intelligence United States Senate tion at approximately 9:30 a.m., on Thursday, March Covering the Period January 6, 2015 to January 2, 30, 2017, with all debate time being expired; and 2017’’. (S. Rept. No. 115–13) Page S2098 that Senate vote on passage of the joint resolution Measures Passed: with no intervening action or debate. Page S2116 National Asbestos Awareness Week: Committee Appointments: on the Judiciary was discharged from further consid- Advisory Committee on the Records of Congress: eration of S. Res. 98, designating the first week of The Chair announced, on behalf of the Majority April 2017 as ‘‘National Asbestos Awareness Week’’, Leader, pursuant to Public Law 101–509, the re- and the resolution was then agreed to. Page S2115 appointment of the following individual to serve as Vietnam Veterans Day: Senate agreed to S. Res. a member of the Advisory Committee on the 103, designating March 29, 2017, as ‘‘Vietnam Vet- Records of Congress: Deborah Skaggs Speth, of Ken- erans Day’’. Pages S2103–14, S2115 tucky. Page S2115 Weather Research and Forecasting Innovation Message from the President: Senate received the Act: Senate passed H.R. 353, to improve the Na- following message from the President of the United tional Oceanic and Atmospheric Administration’s States: weather research through a focused program of in- Transmitting, pursuant to law, a report of the vestment on affordable and attainable advances in continuation of the national emergency with respect observational, computing, and modeling capabilities to significant malicious cyber-enabled activities that to support substantial improvement in weather fore- was declared in Executive Order 13694 on April 1, casting and prediction of high impact weather 2015; which was referred to the Committee on events, to expand commercial opportunities for the Banking, Housing, and Urban Affairs. (PM–4) provision of weather data, after agreeing to the fol- Pages S2096–97 lowing amendments proposed thereto: Pages S2115–16 Messages from the House: Page S2097 McConnell (for Thune) Amendment No. 204, in Executive Communications: Pages S2097–98 the nature of a substitute. Page S2116 McConnell (for Cantwell) Amendment No. 205 Petitions and Memorials: Page S2098 (to the language proposed by Amendment No. 204), Additional Cosponsors: Pages S2099–S2100 to authorize and strengthen the tsunami detection, Statements on Introduced Bills/Resolutions: forecast, warning, research, and mitigation program Pages S2100–04 of the National Oceanic and Atmospheric Adminis- tration. Page S2116 Additional Statements: Page S2096 Measures Considered: Amendments Submitted: Pages S2104–14 Savings Arrangements Established by Qualified Authorities for Committees to Meet: State Political Subdivisions for Non-Govern- Pages S2114–15 mental Employees Rule—Agreement: Senate Privileges of the Floor: Page S2115 D359

VerDate Sep 11 2014 05:01 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29MR7.REC D29MRPT1 lotter on DSK5VPTVN1PROD with DIGEST D360 CONGRESSIONAL RECORD — DAILY DIGEST March 29, 2017 Adjournment: Senate convened at 10 a.m. and ad- Commanding General, United States Army Materiel journed at 7:10 p.m., until 9:30 a.m. on Thursday, Command, Vice Admiral Paul A. Grosklags, USN, March 30, 2017. (For Senate’s program, see the re- Commander, United States Naval Air Systems Com- marks of the Majority Leader in today’s Record on mand, Vice Admiral Thomas J. Moore, USN, Com- page S2116.) mander, United States Naval Sea Systems Command, Lieutenant General Michael G. Dana, USMC, Dep- Committee Meetings uty Commandant, Installations and Logistics, United States Marine Corps, and Lieutenant General Lee K. (Committees not listed did not meet) Levy II, USAF, Commander, Air Force Sustainment Center, United States Air Force Materiel Command, DEFENSE HEALTH PROGRAM AND Department of Defense. MILITARY MEDICINE FUNDING Committee on Appropriations: Subcommittee on Depart- AIR FORCE MODERNIZATION ment of Defense concluded a hearing to examine a Committee on Armed Services: Subcommittee on Airland review of the defense health program and military concluded a hearing to examine Air Force mod- medicine funding, after receiving testimony from ernization, after receiving testimony from Lieutenant Lieutenant General Nadja West, Surgeon General of General Mark C. Nowland, USAF, Deputy Chief of the Army, Vice Admiral C. Forrest Faison, III, Sur- Staff for Operations, Headquarters, Lieutenant Gen- geon General of the Navy, Lieutenant General Mark eral Arnold W. Bunch, Jr., USAF, Military Deputy, A. Ediger, Surgeon General of the Air Force, and Office of the Assistant Secretary for Acquisition, and Stacy Cummings, Program Executive Officer of the Lieutenant General Jerry D. Harris, Jr., USAF, Dep- Defense Healthcare Management Systems, all of the uty Chief of Staff for Strategic Plans, Programs and Department of Defense. Requirements, Headquarters, all of the United States Air Force, Department of Defense. CIVIL SOCIETY PERSPECTIVES ON RUSSIA Committee on Appropriations: Subcommittee on State, CLOSING THE SKILLS GAP Foreign Operations, and Related Programs concluded Committee on Commerce, Science, and Transportation: a hearing to examine civil society perspectives on Committee concluded a hearing to examine closing Russia, after receiving testimony from Vladimir the skills gap and boosting United States competi- Kara-Murza, Open Russia; Laura Jewett, National tiveness, after receiving testimony from John Democratic Institute; and Jan Erik Surotchak, Inter- Ratzenberger, American Museum of Manufacturing, national Republican Institute. Rancho Mirage, California; Rory DeJohn, Turner RUSSIAN INFLUENCE AND Construction Company, Branford, Connecticut; Colo- UNCONVENTIONAL WARFARE nel Michael Cartney, USAF (Ret.), Lake Area Tech- OPERATIONS IN THE ‘‘GREY ZONE’’ nical Institute, Watertown, South Dakota; John J. Neely III, Gulfstream Aerospace, a General Dynam- Committee on Armed Services: Subcommittee on Emerg- ics Company, Savannah, Georgia; and Judy Marks, ing Threats and Capabilities concluded a hearing to Siemens USA, Washington, D.C. examine Russian influence and unconventional war- fare operations in the ‘‘Grey Zone’’, focusing on les- NOMINATION sons from Ukraine, after receiving testimony from Committee on Commerce, Science, and Transportation: Lieutenant General Charles T. Cleveland, USA Committee concluded a hearing to examine the (Ret.), former Commanding General, United States nomination of Jeffrey A. Rosen, of Virginia, to be Army Special Operations Command, Department of Deputy Secretary of Transportation, after the nomi- Defense, and Madison Policy Forum; Olga Oliker, nee testified and answered questions in his own be- Center for Strategic and International Studies Russia half. and Eurasia Program; and Michael R. Carpenter, CLEANING UP COLD WAR LEGACY SITES University of Pennsylvania Biden Center for Diplo- macy and Global Engagement. Committee on Environment and Public Works: Com- mittee concluded a hearing to examine cleaning up DOD INDUSTRIAL BASE our nation’s Cold War legacy sites, after receiving Committee on Armed Services: Subcommittee on Readi- testimony from Lieutenant General Todd T. ness and Management Support concluded a hearing Semonite, Commanding General and Chief of Engi- to examine on the health of the Department of De- neers, U.S. Army Corps of Engineers, Department of fense industrial base, and its role in providing readi- Defense; Barry Breen, Acting Assistant Adminis- ness to the warfighter, after receiving testimony from trator, Office of Land and Emergency Management, Lieutenant General Larry D. Wyche, USA, Deputy Environmental Protection Agency; Kevin Frederick,

VerDate Sep 11 2014 05:01 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29MR7.REC D29MRPT1 lotter on DSK5VPTVN1PROD with DIGEST March 29, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D361 Administrator, Wyoming Department of Environ- committed by or against Indians on the Sac and Fox mental Quality Water Quality Division, Cheyenne; Indian Reservation’’; Alexandra K. Smith, Washington State Department S.607, to establish a business incubators program of Ecology, Lacey; and Sarah Lukin, Afognak Native within the Department of the Interior to promote Corporation, Anchorage, Alaska. economic development in Indian reservation commu- nities; and U.S.-MEXICO RELATIONSHIP S.669, to authorize the Secretary of the Interior to Committee on Foreign Relations: Subcommittee on assess sanitation and safety conditions at Bureau of Western Hemisphere, Transnational Crime, Civilian Indian Affairs facilities that were constructed to pro- Security, Democracy, Human Rights, and Global vide affected Columbia River Treaty tribes access to Women’s Issues concluded a hearing to examine traditional fishing grounds and expend funds on con- United States-Mexico relationship, focusing on ad- struction of facilities and structures to improve those vancing security and prosperity on both sides of the conditions. border, after receiving testimony from former New NATIVE YOUTH Mexico Governor Bill Richardson, Santa Fe; and Robert F. Noriega, American Enterprise Institute, Committee on Indian Affairs: Committee concluded an Washington, D.C. oversight hearing to examine native youth, focusing on promoting diabetes prevention through healthy AMERICAN LEADERSHIP IN THE ASIA- living, after receiving testimony from Rear Admiral PACIFIC Chris Buchannan, Assistant Surgeon General, Committee on Foreign Relations: Subcommittee on East USPHS, Acting Director, Indian Health Service, De- Asia, the Pacific, and International Cybersecurity partment of Health and Human Services; Vinton Policy concluded a hearing to examine American Hawley, National Indian Health Board, Washington, leadership in the Asia-Pacific, focusing on security D.C.; Jared Eagle, Forth Berthold Diabetes Program, issues, after receiving testimony from J. Randy New Town, North Dakota; Martin Sensmeier, Boys Forbes, United States Naval War College, Newport, and Girls Club of America, Atlanta, Georgia; and Rhode Island; and Robert L. Gallucci, Georgetown Alton Villegas, and Rachel Seepie, both of the Salt University Edmund A. Walsh School of Foreign River Pima Maricopa Indian Community, Scottsdale, Service, Washington, D.C. Arizona. SMALL BUSINESSES AND REGULATIONS EFFECT OF BORROWING ON FEDERAL SPENDING Committee on Small Business and Entrepreneurship: Com- mittee concluded a hearing to examine how small Committee on Homeland Security and Governmental Af- businesses confront and shape regulations, including fairs: Subcommittee on Federal Spending Oversight H.R. 33, to amend chapter 6 of title 5, United and Emergency Management concluded a hearing to States Code (commonly known as the Regulatory examine the effect of borrowing on Federal spending, Flexibility Act), to ensure complete analysis of po- after receiving testimony from David M. Walker, tential impacts on small entities of rules, H.R. 26, former Comptroller General of the United States, to amend chapter 8 of title 5, United States Code, Government Accountability Office, Bridgeport, Con- to provide that major rules of the executive branch necticut; Veronique de Rugy, George Mason Univer- shall have no force or effect unless a joint resolution sity Mercatus Center, Arlington Virginia; and Mark of approval is enacted into law, and H.R. 5, to re- Zandi, Moody’s Analytics, West Chester, Pennsyl- form the process by which Federal agencies analyze vania. and formulate new regulations and guidance docu- BUSINESS MEETING ments, to clarify the nature of judicial review of agency interpretations, to ensure complete analysis of Committee on Indian Affairs: Committee ordered favor- potential impacts on small entities of rules, after re- ably reported the following business items: ceiving testimony from Randy Noel, National Asso- S.304, to amend the Indian Health Care Improve- ciation of Home Builders, Laplace, Louisiana; and ment Act to allow the Indian Health Service to Frank Knapp, Jr., American Sustainable Business cover the cost of a copayment of an Indian or Alaska Council, Columbia, South Carolina. Native veteran receiving medical care or services from the Department of Veterans Affairs; INTELLIGENCE S.343, to repeal certain obsolete laws relating to Select Committee on Intelligence: Committee met in Indians; closed session to receive a briefing on certain intel- S.381, to repeal the Act entitled ‘‘An Act to con- ligence matters from officials of the intelligence fer jurisdiction on the State of Iowa over offenses community.

VerDate Sep 11 2014 05:01 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D29MR7.REC D29MRPT1 lotter on DSK5VPTVN1PROD with DIGEST D362 CONGRESSIONAL RECORD — DAILY DIGEST March 29, 2017 ALZHEIMER’S DISEASE Women’s Alzheimer’s Movement, Los Angeles, Cali- Special Committee on Aging: Committee concluded a fornia; Kristine Yaffe, University of California Weill hearing to examine the arc of Alzheimer’s, focusing Institute of Neurosciences, San Francisco; Chris- on preventing cognitive decline in Americans to as- topher M. Callahan, Indiana University Center for suring quality care for those living with the disease, Aging Research, Indianapolis; and Phyllis Gallagher, after receiving testimony from Maria Shriver, The Frackville, Pennsylvania. h House of Representatives Guest Chaplain: The prayer was offered by the Chamber Action Guest Chaplain, Rev. Robert Dillingham, Farina Public Bills and Resolutions Introduced: 30 pub- United Methodist, Church Farina, IL. Page H2526 lic bills, H.R. 1770–1799; and 2 resolutions, H. EPA Science Advisory Board Reform Act of Con. Res. 41–42, were introduced. Pages H2557–59 2017—Rule for Consideration: The House agreed Additional Cosponsors: Pages H2560–61 to H. Res. 233, providing for consideration of the Reports Filed: Reports were filed today as follows: bill (H.R. 1431) to amend the Environmental Re- H.R. 369, to eliminate the sunset of the Veterans search, Development, and Demonstration Authoriza- Choice Program, and for other purposes, with an tion Act of 1978 to provide for Scientific Advisory amendment (H. Rept. 115–65); Board member qualifications and public participa- H.R. 194, to ensure the effective processing of tion, by a recorded vote of 232 ayes to 188 noes, mail by Federal agencies, and for other purposes (H. Roll No. 204, after the previous question was or- Rept. 115–66); dered by a yea-and-nay vote of 232 yeas to 191 nays, H.R. 657, to amend title 5, United States Code, Roll No. 203. Pages H2529–36 to extend certain protections against prohibited per- Recess: The House recessed at 2:52 p.m. and recon- sonnel practices, and for other purposes, with an vened at 4:20 p.m. Page H2547 amendment (H. Rept. 115–67); Honest and Open New EPA Science Treatment H.R. 679, to amend title 41, United States Code, Act of 2017: The House passed H.R. 1430, to pro- to improve the manner in which Federal contracts hibit the Environmental Protection Agency from for design and construction services are awarded, to proposing, finalizing, or disseminating regulations or prohibit the use of reverse auctions for design and assessments based upon science that is not trans- construction services procurements, and for other parent or reproducible, by a recorded vote of 228 purposes, with amendments (H. Rept. 115–68); ayes to 194 noes, Roll No. 206. Authorization and Oversight Plans for all House Pages H2536–47, H2547–48 Committees (H. Rept. 115–69); Rejected the McEachin motion to recommit the H.R. 1219, to amend the Investment Company bill to the Committee on Science, Space, and Tech- Act of 1940 to expand the investor limitation for nology with instructions to report the same back to qualifying venture capital funds under an exemption the House forthwith with an amendment, by a yea- from the definition of an investment company (H. and-nay vote of 189 yeas to 232 nays, Roll No. 205. Rept. 115–70); and Pages H2546–47, H2547–48 H.R. 1343, to direct the Securities and Exchange H. Res. 229, the rule providing for consideration Commission to revise its rules so as to increase the of the bill (H.R. 1430) was agreed to yesterday, threshold amount for requiring issuers to provide March 28th. certain disclosures relating to compensatory benefit Meeting Hour: Agreed by unanimous consent that plans (H. Rept. 115–71). Page H2557 when the House adjourns today, it adjourn to meet Speaker: Read a letter from the Speaker wherein he at 9 a.m. tomorrow, March 30. Page H2548 appointed Representative Fleischmann to act as Presidential Message: Read a message from the Speaker pro tempore for today. Page H2519 President wherein he notified Congress that the na- Recess: The House recessed at 11 a.m. and recon- tional emergency declared with respect to significant vened at 12 noon. Pages H2525–26 malicious cyber-enabled activities is to continue in

VerDate Sep 11 2014 05:01 Mar 30, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D29MR7.REC D29MRPT1 lotter on DSK5VPTVN1PROD with DIGEST March 29, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D363 effect beyond April 1, 2017—referred to the Com- THREATS TO SPACE ASSETS AND mittee on Foreign Affairs and ordered to be printed IMPLICATIONS FOR HOMELAND SECURITY (H. Doc. 115–26). Page H2557 Committee on Armed Services: Subcommittee on Stra- Senate Message: Message received from the Senate tegic Forces; and Subcommittee on Emergency Pre- by the Clerk and subsequently presented to the paredness, Response, and Communications of the House today appears on page H2529. Committee on Homeland Security held a joint hear- Quorum Calls—Votes: Two yea-and-nay votes and ing entitled ‘‘Threats to Space Assets and Implica- two recorded votes developed during the proceedings tions for Homeland Security’’. Testimony was heard of today and appear on pages H2535, H2535–36, from public witnesses. H2547–48, and H2548. There were no quorum MILITARY PILOT SHORTAGE calls. Committee on Armed Services: Subcommittee on Mili- Adjournment: The House met at 10 a.m. and ad- tary Personnel held a hearing entitled ‘‘Military Pilot journed at 6:15 p.m. Shortage’’. Testimony was heard from Lieutenant General Mark A. Brilakis, Deputy Commandant, Manpower and Reserve Affairs, U.S. Marine Corps; Committee Meetings Vice Admiral Robert P. Burke, Chief Personnel, U.S. REVIEW OF THE FARM CREDIT SYSTEM Navy; Lieutenant General Gina M. Grosso, Deputy Chief of Staff, Manpower and Personnel Services, Committee on Agriculture: Full Committee held a hear- U.S. Air Force; and Major General Erik C. Peterson, ing entitled ‘‘Review of the Farm Credit System’’. Director, Aviation, U.S. Army. Testimony was heard from Dallas P. Tonsager, Chairman and CEO, Farm Credit Administration; LEGISLATIVE MEASURE Jeffery S. Hall, Member of the Board, Farm Credit Committee on Education and the Workforce: Sub- Administration; and public witnesses. committee on Health, Employment, Labor, and Pen- sions held a hearing on H.R. 986, the ‘‘Tribal Labor U.S. EUROPEAN COMMAND Sovereignty Act of 2017’’. Testimony was heard Committee on Appropriations: Subcommittee on Defense from public witnesses. held a closed hearing on U.S. European Command. Testimony was heard from General Curtis M. REALIZING NATIONWIDE NEXT- Scaparrotti, U.S. Army. GENERATION 911 Committee on Energy and Commerce: Subcommittee on APPROPRIATIONS—DEPARTMENT OF Communications and Technology held a hearing en- HEALTH AND HUMAN SERVICES titled ‘‘Realizing Nationwide Next-Generation 911’’. Committee on Appropriations: Subcommittee on Labor, Testimony was heard from public witnesses. Health and Human Services, Education and Related FEDERAL ENERGY RELATED TAX POLICY Agencies held a budget hearing on the Department AND ITS EFFECTS ON MARKETS, PRICES, of Health and Human Services. Testimony was heard AND CONSUMERS from Tom Price, Secretary of Health and Human Services. Committee on Energy and Commerce: Subcommittee on Energy held a hearing entitled ‘‘Federal Energy Re- PUBLIC WITNESS DAY lated Tax Policy and its Effects on Markets, Prices, and Consumers’’. Testimony was heard from Terry Committee on Appropriations: Subcommittee on Mili- Dinan, Senior Advisor, Congressional Budget Office; tary Construction, Veterans Affairs, and Related and public witnesses. Agencies held a hearing for public witnesses. Testi- mony was heard from public witnesses. EXAMINING THE IMPACT OF THE VOLCKER RULE ON THE MARKETS, MILITARY ASSESSMENT OF THE SECURITY BUSINESSES, INVESTORS, AND JOB CHALLENGES IN THE GREATER MIDDLE CREATORS EAST Committee on Financial Services: Subcommittee on Cap- Committee on Armed Services: Full Committee held a ital Markets, Securities, and Investment held a hear- hearing entitled ‘‘Military Assessment of the Security ing entitled ‘‘Examining the Impact of the Volcker Challenges in the Greater Middle East’’. Testimony Rule on the Markets, Businesses, Investors, and Job was heard from General Joseph Votel, Commander, Creators’’. Testimony was heard from public wit- U.S. Central Command. nesses.

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MISCELLANEOUS MEASURES dered reported, without amendment. H.R. 1695, H. Committee on Foreign Affairs: Full Committee held a Res. 184, and H. Res. 203 were ordered reported, markup on H. Res. 54, reaffirming the United as amended. States-Argentina partnership and recognizing Argen- tina’s economic reforms; H. Res. 92, condemning FEDERALLY FUNDED CANCER RESEARCH: North Korea’s development of multiple interconti- COORDINATION AND INNOVATION nental ballistic missiles, and for other purposes; H. Committee on Oversight and Government Reform: Full Res. 137, honoring the life of Shimon Peres; H. Res. Committee held a hearing entitled ‘‘Federally Fund- 145, expressing the sense of the House of Represent- ed Cancer Research: Coordination and Innovation’’. atives regarding the fight against corruption in Cen- Testimony was heard from public witnesses. tral America; H. Res. 187, relating to efforts to re- spond to the famine in South Sudan; H.R. 390, the WMATA AFTER SAFETRACK ‘‘Iraq and Syria Genocide Emergency Relief and Ac- Committee on Oversight and Government Reform: Sub- countability Act of 2017’’; H.R. 479, the ‘‘North committee on Government Operations held a hear- Korea State Sponsor of Terrorism Designation Act of ing entitled ‘‘WMATA After SafeTrack’’. Testimony 2017’’; H.R. 672, the ‘‘Combating European Anti- was heard from Paul Wiedefeld, General Manager, Semitism Act of 2017’’; and H.R. 1644, the ‘‘Ko- Washington Metropolitan Area Transit Authority; rean Interdiction and Modernization of Sanctions Act Dennis Anosike, Chief Financial Officer, Washington of 2017’’. H. Res. 137 was ordered reported, with- Metropolitan Area Transit Authority; and Mark L. out amendment. H. Res. 54, H. Res. 145, H. Res. Goldstein, Director, Physical Infrastructure Issues, 187, H. Res. 92, H.R. 390, H.R. 672 H.R. 479, Government Accountability Office. and H.R. 1644 were ordered reported, as amended. TESTING THE LIMITS: IRAN’S BALLISTIC CLIMATE SCIENCE: ASSUMPTIONS, POLICY MISSILE PROGRAM, SANCTIONS, AND THE IMPLICATIONS, AND THE SCIENTIFIC ISLAMIC REVOLUTIONARY GUARD CORPS METHOD Committee on Foreign Affairs: Subcommittee on the Committee on Science, Space, and Technology: Full Com- Middle East and North Africa held a hearing enti- mittee held a hearing entitled ‘‘Climate Science: As- tled ‘‘Testing the Limits: Iran’s Ballistic Missile Pro- sumptions, Policy Implications, and the Scientific gram, Sanctions, and the Islamic Revolutionary Method’’. Testimony was heard from public wit- Guard Corps’’. Testimony was heard from Kenneth nesses. Katzman, Specialist, Middle Eastern Affairs, Con- gressional Research Service; and public witnesses. EVALUATING THE PAPERWORK REDUCTION ACT: ARE BURDENS BEING TERRORISM IN NORTH AFRICA: AN REDUCED? EXAMINATION OF THE THREAT Committee on Small Business: Full Committee held a Committee on Homeland Security: Subcommittee on hearing entitled ‘‘Evaluating the Paperwork Reduc- Counterterrorism and Intelligence held a hearing en- tion Act: Are Burdens Being Reduced?’’. Testimony titled ‘‘Terrorism in North Africa: An Examination was heard from public witnesses. of the Threat’’. Testimony was heard from public witnesses. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on Transportation and Infrastructure: Full Committee on the Judiciary: Full Committee held a Committee held a markup on H.R. 1346, to repeal markup on H.R. 1667, the ‘‘Financial Institution the rule issued by the Federal Highway Administra- Bankruptcy Act of 2017’’; H.R. 1695, the ‘‘Register tion and the Federal Transit Administration entitled of Copyrights Selection and Accountability Act of ‘‘Metropolitan Planning Organization Coordination 2017’’; H. Res. 184, a resolution of inquiry request- and Planning Area Reform’’; H.R. 1726, the ‘‘Coast ing the President and directing the Attorney General Guard Improvement and Reform Act of 2017’’; H.R. to transmit, respectively, certain documents to the 1093, to require the Federal Railroad Administration House of Representatives relating to communications and the Federal Transit Authority to provide appro- with the government of Russia; and H. Res. 203, a priate Congressional notice of safety audits con- resolution of inquiry requesting the President, and ducted with respect to railroads and rail transit directing the Attorney General, to transmit, respec- agencies; H.R. 1665, to ensure that Administrator of tively, certain documents to the House of Represent- the Federal Emergency Management Agency con- atives relating to certain communications by the siders severe local impact in making a recommenda- President of the United States. H.R. 1667 was or- tion to the President for a major disaster declaration;

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Res. 35, authorizing the use of the meeting to consider S. 35, to transfer administrative ju- Capitol Grounds for the National Peace Officers Me- risdiction over certain Bureau of Land Management land morial Service and the National Honor Guard and from the Secretary of the Interior to the Secretary of Vet- Pipe Band Exhibition; H. Con. Res. 36, authorizing erans Affairs for inclusion in the Black Hills National the use of the Capitol Grounds for the Greater Cemetery, S. 55/H.R. 46, bills to authorize the Secretary Washington Soap Box Derby; and H.R. 455, to des- of the Interior to conduct a special resource study of Fort ignate the United States courthouse located at 501 Ontario in the State of New York, S. 97, to enable civil- East Court Street in Jackson, Mississippi, as the ‘‘R. ian research and development of advanced nuclear energy Jess Brown United States Courthouse’’. H.R. 1346, technologies by private and public institutions, to expand H.R. 1726, H.R. 1678, H.R. 1679, H. Con. Res. theoretical and practical knowledge of nuclear physics, 35, H. Con. Res. 36, and H.R. 455 were ordered re- chemistry, and materials science, S. 99, to require the Secretary of the Interior to study the suitability and feasi- ported, without amendment. H.R. 1093 and H.R. bility of designating the President James K. Polk Home 1665 were ordered reported, as amended. in Columbia, Tennessee, as a unit of the National Park System, S. 117, to designate a mountain peak in the State LEGISLATIVE MEASURES of Montana as ‘‘Alex Diekmann Peak’’, S. 131, to provide Committee on Veterans’ Affairs: Subcommittee on for the exchange of certain National Forest System land Health held a hearing on a draft of the ‘‘Veterans and non-Federal land in the State of Alaska, S. 167, to Affairs Medical Scribe Pilot Act of 2017’’; H.R. 91, designate a National Memorial to Fallen Educators at the the ‘‘Building Supportive Networks for Women Vet- National Teachers Hall of Fame in Emporia, Kansas, S. erans Act’’; H.R. 95, the ‘‘Veterans’ Access to Child 189, to modify the boundary of the Fort Scott National Historic Site in the State of Kansas, S. 190, to provide Care Act’’; H.R. 467, the ‘‘VA Scheduling Account- for consideration of the extension under the Energy Policy ability Act’’; H.R. 907, the ‘‘Newborn Care Im- and Conservation Act of nonapplication of No-Load Mode provement Act’’; H.R. 918, the ‘‘Veterans Urgent energy efficiency standards to certain security or life safe- Access to Mental Health Care Act’’; H.R. 1005, to ty alarms or surveillance systems, S. 199, to authorize the improve the provision of adult day health care serv- use of the active capacity of the Fontenelle Reservoir, S. ices for veterans; H.R. 1162, the ‘‘No Hero Left Un- 213, to designate the wilderness within the Lake Clark treated Act’’; H.R. 1545, to clarify VA’s authority National Park and Preserve in the State of Alaska as the to disclose certain patient information to State con- Jay S. Hammond Wilderness Area, S. 214, to authorize trolled substance monitoring programs; and H.R. the expansion of an existing hydroelectric project, S. 215, 1662, to prohibit smoking in any facility of the Vet- to authorize the Federal Energy Regulatory Commission erans Health Administration. Testimony was heard to issue an order continuing a stay of a hydroelectric li- cense for the Mahoney Lake hydroelectric project in the from Chairman Roe of Tennessee, Representatives State of Alaska, S. 216, to require the Secretary of the In- Walorski, Collins of Georgia, Coffman, Knight, and terior to submit to Congress a report on the efforts of the Kuster of New Hampshire; Jennifer S. Lee, M.D., Bureau of Reclamation to manage its infrastructure assets, Deputy Under Secretary, Health for Policy and Serv- S. 217, to amend the Denali National Park Improvement ices, Veterans Health Administration, Department of Act to clarify certain provisions relating to the natural Veterans Affairs; and public witnesses. gas pipeline authorized in the Denali National Park and Preserve, S. 225/H.R. 699, bills to amend the Omnibus Public Land Management Act of 2009 to modify provi- Joint Meetings sions relating to certain land exchanges in the Mt. Hood No joint committee meetings were held. Wilderness in the State of Oregon, S. 226, to exclude power supply circuits, drivers, and devices to be con- f nected to, and power, light-emitting diodes or organic COMMITTEE MEETINGS FOR THURSDAY, light-emitting diodes providing illumination or ceiling MARCH 30, 2017 fans using direct current motors from energy conservation standards for external power supplies, S. 239, to amend (Committee meetings are open unless otherwise indicated) the National Energy Conservation Policy Act to encour- age the increased use of performance contracting in Fed- Senate eral facilities, S. 267, to provide for the correction of a Committee on Agriculture, Nutrition, and Forestry: business survey of certain land in the State of Alaska, S. 280/H.R. meeting to consider the nomination of Sonny Perdue, of 618, bills to authorize, direct, expedite, and facilitate a

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land exchange in El Paso and Teller Counties, Colorado, ize Phase III of the Yakima River Basin Water Basin S. 285/H.R. 689, bills to ensure adequate use and access Water Enhancement Project for the purposes of improv- to the existing Bolts Ditch headgate and ditch segment ing water management in the Yakima River basin, S. within the Holy Cross Wilderness in Eagle County, Colo- 723, to extend the deadline for commencement of con- rado, S. 286/H.R. 698, bills to require a land conveyance struction of a hydroelectric project, S. 724, to amend the involving the Elkhorn Ranch and the White River Na- Federal Power Act to modernize authorizations for nec- tional Forest in the State of Colorado, S. 287, to update essary hydropower approvals, S. 729, to authorize the Sec- the map of, and modify the maximum acreage available retary of the Interior to acquire approximately 44 acres for inclusion in, the Florissant Fossil Beds National of land in Martinez, California, for inclusion in the John Monument, S. 289/H.R. 698, bills to adjust the bound- Muir National Historic Site, S. 730, to extend the dead- ary of the Arapaho National Forest, Colorado, S. 331, to line for commencement of construction of certain hydro- remove the use restrictions on certain land transferred to electric projects, S. 731, to establish the Sacramento-San Rockingham County, Virginia, S. 346, to provide for the Joaquin Delta National Heritage Area, S. 733, to protect establishment of the National Volcano Early Warning and enhance opportunities for recreational hunting, fish- and Monitoring System, S. 363, to revise the authorized ing, and shooting, S. 734, to extend a project of the Fed- route of the North Country National Scenic Trail in eral Energy Regulatory Commission involving the northeastern Minnesota and to extend the trail into Cannonsville Dam, H.R. 88, to modify the boundary of Vermont to connect with the Appalachian National Sce- nic Trail, S. 385, to promote energy savings in residential the Shiloh National Military Park located in Tennessee buildings and industry, S. 392, to establish the 400 years and Mississippi, to establish Parker’s Crossroads Battle- of African-American History Commission, S. 401, to es- field as an affiliated area of the National Park System, tablish the Appalachian Forest National Heritage Area, S. H.R. 267, to redesignate the Martin Luther King, Junior, 432, to designate the Cerro del Yuta and Rio San Anto- National Historic Site in the State of Georgia, H.R. 381, nio Wilderness Areas in the State of New Mexico, S. 466, to designate a mountain in the John Muir Wilderness of to clarify the description of certain Federal land under the the Sierra National Forest as ‘‘Sky Point’’, H.R. 494, to Northern Arizona Land Exchange and Verde River Basin expand the boundary of Fort Frederica National Monu- Partnership Act of 2005 to include additional land in the ment in the State of Georgia, H.R. 538, to redesignate Kaibab National Forest, S. 490, to reinstate and extend Ocmulgee National Monument in the State of Georgia the deadline for commencement of construction of a hy- and revise its boundary, H.R. 558, to adjust the bound- droelectric project involving the Gibson Dam, S. 491, to ary of the Kennesaw Mountain National Battlefield Park reinstate and extend the deadline for commencement of to include the Wallis House and Harriston Hill, H.R. construction of a hydroelectric project involving Clark 560, to amend the Delaware Water Gap National Recre- Canyon Dam, S. 501, to amend the Wild and Scenic Riv- ation Area Improvement Act to provide access to certain ers Act to designate certain segments of East Rosebud vehicles serving residents of municipalities adjacent to the Creek in Carbon County, Montana, as components of the Delaware Water Gap National Recreation Area, H.R. Wild and Scenic Rivers System, S. 502, to modify the 863, to facilitate the addition of park administration at boundary of Voyageurs National Park in the State of the Coltsville National Historical Park, and sub- Minnesota, S. 508, to provide for the conveyance of cer- committee assignments, 9:30 a.m., SD–366. tain Federal land in the State of Oregon, S. 513, to des- Full Committee, to hold hearings to examine the po- ignate the Frank and Jeanne Moore Wild Steelhead Spe- tential for infrastructure improvements to create jobs and cial Management Area in the State of Oregon, S. 566, to reduce the cost of living through all-of-the-above energy withdraw certain land in Okanogan County, Washington, and mineral production in Alaska, 2:30 p.m., SD–366. to protect the land, S. 590, to authorize the Secretary of Committee on Foreign Relations: to hold hearings to exam- Agriculture to maintain or replace certain facilities and ine United States interests, values, and the American peo- structures for commercial recreation services at Smith ple, 10 a.m., SD–419. Gulch in Idaho, S. 617, to amend the Wild and Scenic Rivers Act to designate certain segments of the Farm- Committee on Health, Education, Labor, and Pensions: busi- ington River and Salmon Brook in the State of Con- ness meeting to consider the nomination of R. Alexander necticut as components of the National Wild and Scenic Acosta, of Florida, to be Secretary of Labor, Time to be Rivers System, S. 627, to establish the Maritime Wash- announced, S–216, Capitol. ington Heritage Area in the State of Washington, S. 644, Select Committee on Intelligence: to hold hearings to exam- to authorize the Secretary of the Interior to conduct a ine disinformation, focusing on a primer in Russian active special resource study of the Medgar Evers House, located measures and influence campaigns, 10 a.m., SD–106. in Jackson, Mississippi, S. 703, to extend the authority of the Secretary of the Interior to carry out the Equus House Beds Division of the Wichita Project, S. 710, to reinstate Committee on Armed Services, Subcommittee on Readi- and extend the deadline for commencement of construc- ness; and Subcommittee on Seapower and Projection tion of a hydroelectric project involving Jennings Ran- Forces, joint hearing entitled ‘‘The Current State of U.S. dolph Dam, S. 713, to establish the Mountains to Sound Transportation Command’’, 9 a.m., 2118 Rayburn. Greenway National Heritage Area in the State of Wash- ington, S. 714, to amend Public Law 103–434 to author-

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Subcommittee on Strategic Forces; and Subcommittee ‘‘Private Property Rights Protection Act’’, 9 a.m., 2141 on Terrorism, Nonproliferation, and Trade of the Com- Rayburn. mittee on Foreign Affairs, joint hearing entitled ‘‘Con- Committee on Small Business, Subcommittee on Con- sequences and Context for Russia’s Violations of the INF tracting and Workforce, hearing entitled ‘‘SBA’s Entre- Treaty’’, 10:30 a.m., 2172 Rayburn. preneurial Development Programs: Resources to Assist Committee on the Judiciary, Subcommittee on the Con- Small Businesses’’, 10 a.m., 2360 Rayburn. stitution and Civil Justice, hearing on H.R. 1689, the

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 30 9 a.m., Thursday, March 30

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1431— ation of H.J. Res. 67, Savings Arrangements Established EPA Science Advisory Board Reform Act of 2017. by Qualified State Political Subdivisions for Non-Govern- mental Employees Rule, and vote on passage of the joint resolution.

Extensions of Remarks, as inserted in this issue

HOUSE Cohen, Steve, Tenn., E410 Moolenaar, John R., Mich., E411 Davis, Rodney, Ill., E408 Moulton, Seth, Mass., E407 Babin, Brian, Tex., E407, E411 Ellison, Keith, Minn., E407 Poe, Ted, Tex., E411, E413 Barletta, Lou, Pa., E412 Gaetz, Matt, Fla., E411 Rooney, Francis, Fla., E408 Bishop, Sanford D., Jr., Ga, E412 Himes, James A., Conn., E408 Royce, Edward R., Calif., E408 Bustos, Cheri, Ill., E410 Hudson, Richard, N.C., E411 Shimkus, John, Ill., E408 Byrne, Bradley, Ala., E407 Kaptur, Marcy, Ohio, E411 Clyburn, James E., S.C., E412 McCollum, Betty, Minn., E413 Slaughter, Louise McIntosh, N.Y., E408

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