E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, TUESDAY, JULY 23, 2019 No. 124 Senate The Senate met at 10 a.m. and was payers expect their money to be spent ing crisis and deliver on President called to order by the President pro wisely, and it is our job in Congress to Trump’s top priorities. tempore (Mr. GRASSLEY). make sure that money is spent wisely. The agreement secures the most im- f I am glad Secretary Esper has said he portant priority of the Republican con- will work with whistleblowers to stop ference. In fact, in my view, it is the PRAYER wasteful spending and to prevent more most important obligation of the en- The Chaplain, Dr. Barry C. Black, of- spare parts rip-offs. These are things tire Congress; that is, securing the re- fered the following prayer: that have been of interest to me over sources we need to provide for the com- Let us pray. the last several decades with the de- mon defense. This deal does it. Lord of the harvest, we continue to fense budget. I met with Secretary Over the past 21⁄2 years, Republicans seek You, for we desire to please You. Esper, and I believe he has his heart in in Congress have worked with the You, O God, are our light and salva- the right place to help us accomplish President to stop and reverse the de- tion, so we refuse to be afraid. As our these goals. cline in the strength and readiness of lawmakers seek to walk with integrity, He has also indicated he will our Armed Forces. After years of insuf- provide them with a harvest of truth, prioritize getting a clean audit of our ficient funding that hurt readiness and justice, and righteousness. May they military services and an opinion that tied commanders’ hands, Congress and cultivate such ethical consistency that can be certified because the 2010 law President Trump have secured badly their words will be undergirded by that all the audits ought to be certified needed funding increases to rebuild and right actions. was not met by 2017, and they are still modernize the U.S. military. Lord, keep them aware of Your con- not done. How can you follow the There is still more work ahead. The tinued presence as they find in You money if it can’t be audited? progress we have made remains ten- fullness of joy. Show them the path to Our men and women in uniform de- uous. America’s adversaries are not life, as You guide them to Your desired serve no less than to make sure every taking their foot off the gas anytime destination. dollar in the Defense Department is soon, so we can’t either. We have to We pray in Your merciful Name. spent wisely. keep up the momentum. This agree- Amen. I yield the floor. ment provides the stability of funding f I suggest the absence of a quorum. our military deserves and requires. The PRESIDING OFFICER. The Thanks to tough negotiating by the PLEDGE OF ALLEGIANCE clerk will call the roll. Trump administration, this deal deliv- The President pro tempore led the The senior assistant legislative clerk ers for the security of our Nation. It Pledge of Allegiance, as follows: proceeded to call the roll. delivers for our men and women in uni- I pledge allegiance to the Flag of the Mr. MCCONNELL. Madam President, form. It protects the progress of the United States of America, and to the Repub- I ask unanimous consent that the order last 2 years and provides the fuel for lic for which it stands, one nation under God, for the quorum call be rescinded. further progress. That is the bottom indivisible, with liberty and justice for all. The PRESIDING OFFICER. Without line. The PRESIDING OFFICER (Mrs. objection, it is so ordered. The nature of divided government HYDE-SMITH). The Senator from Iowa. f means this certainly isn’t the agree- Mr. GRASSLEY. Madam President, I ment Republicans would have written ask to speak as in morning business for RECOGNITION OF THE MAJORITY all by ourselves; for example, I will 1 minute. LEADER never understand why our Democratic The PRESIDING OFFICER. Without The PRESIDENT pro tempore. The colleagues treat funding the U.S. objection, it is so ordered. majority leader is recognized. Armed Forces like a Republican pri- f f ority that somehow needs to be matched up with additional spending NOMINATION OF MARK T. ESPER BUDGET AGREEMENT that Democrats like in order to make Mr. GRASSLEY. Madam President, Mr. MCCONNELL. Madam President, it palatable for them. It seems to me the United States of America has the yesterday the administration informed every one of us, both sides, should mightiest military in the world to pro- congressional leaders that Secretary jump at the chance to fund defense ade- tect our freedoms and to guarantee Mnuchin, White House Chief of Staff quately. peace around the world. That is why it Mulvaney, and Acting OMB Director Alas, that is not a mystery that is is so important to keep check on the Vought reached a deal with Speaker going to be solved for me in the imme- Pentagon’s financial ledgers. Tax- PELOSI to prevent a government-fund- diate future. The fact is, the Federal

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

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VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.000 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4984 CONGRESSIONAL RECORD — SENATE July 23, 2019 Government is coming up with urgent solemn commitments this program cise their freedom of assembly to re- deadlines with respect to the debt limit represents: commitments to the fire- claim the rights, privileges, and auton- and beginning the appropriations proc- fighters, police officers, and all the omy slowly sliced away in recent years ess. first responders who rushed selflessly by the PRC. The full faith and credit of the toward the World Trade Center just Protests continue and with them United States cannot be in question. moments after the attacks began, to countervailing pressures from authori- The last thing Americans need is for the first responders and workers who ties beholden to Beijing. Increasingly Washington to throw a big wrench in reported for duty days or even weeks brutal police tactics and pro-mainland this red-hot economy that is creating later, putting their health at serious vigilantes are drawing blood in an ef- historic levels of job opportunities and risk to help others, commitments to fort to intimidate Hongkongers back growing their take-home pay, and so those who responded to the Pentagon into submission. faced with our Democratic colleagues’ and in Shanksville, PA, as well, and in Hong Kong’s autonomous govern- reluctance, the Trump administration the cases where injury or illness has al- ance, political freedoms, and stable took the high road. They did what ready claimed the lives of those heroes, rule of law has been a crucial pre- needed to be done for our Armed Forces commitments to the surviving fami- condition of its tremendous growth and and veterans and negotiated a success- lies. prosperity. U.S. firms have invested ful deal. In fact, compared to current Congress can never repay these men, tens of billions in Hong Kong’s econ- law, the administration has secured a women, and families for their sac- omy because they trust the autono- larger increase for defense spending rifices, but we can do a small part to mous region’s political climate, inde- than for nondefense. Let me say that make our heroes whole. That is why pendent judicial system, and degree of again: a larger increase for defense the Senate has never failed to attend independence from Beijing. than for nondefense compared to cur- to the fund before. We are not about to By contrast, international firms are rent law. do so now. currently pulling back from China due What is more, the administration I had the honor of meeting with a to concerns about corruption, autoc- successfully kept leftwing poison pills group of first responders and advocates racy, intellectual property rights vio- and policy riders far away from this several weeks back. They gave me the lations, and state-sponsored corporate agreement. We know some of the far badge of Luis Alvarez, a New York Po- espionage. left have been hankering to claw back lice Department bomb squad detective At a time when China faces slowing the Hyde amendment protections or who was terminally ill and has since growth, Beijing should seek to emulate cut away at reprogramming authori- tragically passed away. Hong Kong, not engulf Hong Kong and ties and flexibility that Presidents It was my honor to receive it. It was remake it in the image of the Chinese rightly possess. I applaud the fact that my honor to reiterate that the Sen- Communist Party. no leftwing riders like that were al- ate’s ironclad commitment to getting The PRC has long been working hard lowed into the deal. this done was never in doubt. I told the under the surface to increase its influ- This is the deal that was necessary to first responders I wanted the Senate to ence and power. In Hong Kong, like in continue rebuilding our national de- address this prior to the August recess, so many other areas, China has used fense after years of neglect, and it is and today we will do so. It will be my this approach that experts have called the deal that was possible in divided honor later today to vote for the fund- ‘‘hide and bide’’—hiding their inten- government. I am proud to join Presi- ing and ensure this fund is secure. I tions and biding their time, slowly slic- dent Trump in support of it, and I will urge my colleagues to do the same. ing away resistance, building leverage, be proud to support it when the Senate f and encroaching, one step at a time. votes on the agreement before we ad- In the case of Hong Kong, Beijing and journ at the end of this month. HONG KONG its agents have overreached, but they f Mr. MCCONNELL. Madam President, are recalculating—postponing action NOMINATION OF MARK T. ESPER on one final matter, in recent weeks, I on this legislation while biding time to have spoken about our Nation’s re- Mr. MCCONNELL. Madam President, resume the encroachment. in the meantime, this body has other newed competition with other great This is not just a matter of the peo- significant business to complete for the powers, like Russia and China. Despite ple of Hong Kong. The PRC’s treatment American people. Most immediately, in decades of efforts to welcome these na- of Hong Kong—just like its treatment just a few hours, we will be confirming tions into a peaceful, prosperous, and of the Uighurs or Tibetans that Beijing a new Secretary of Defense. The vote fair international system, we are con- claims as citizens—is an indicator of to advance Dr. Mark Esper’s nomina- stantly reminded that these nations how Chinese rulers will behave abroad. tion yesterday afternoon came in at 85 have their own design on the future. In All nations who trade with the PRC to 6. That is precisely the kind of over- their visions, foundational principles of should be watching the drama unfold- whelming bipartisan vote that is called sovereignty, freedom, human rights, ing on the streets of Hong Kong. for in this circumstance. and a rules-based international order The world is watching and won- The nominee is beyond qualified. His tend to take a backseat to power poli- dering: If a government cannot respect record of public service is beyond im- tics and the pursuit of hegemony. the basic rights of people it claims as pressive. His commitment to serving The Chinese Communist Party, for its own citizens, why on Earth would it our servicemembers is beyond obvious. example, is working to extend its con- be trusted to respect the rights and in- The need for a Senate-confirmed Sec- trol and influence everywhere from terests of its neighbors, its trading retary of Defense is beyond urgent. I Taiwan to Cambodia, to Laos, to partners, or the companies that invest urge every one of my colleagues to vote Burma, to Hong Kong, as we have seen in its economy? to confirm our next Secretary of De- recently. The tools and tactics may dif- As we all know, the people of Hong fense later today. fer but the goal is the same: Beijing Kong have been carrying the banner for decades. I am proud to say that here in f wants to bend its neighbors to its will. Earlier this month, after historic the United States, we have been 9/11 VICTIM COMPENSATION FUND protests, Hong Kong’s Government hit marching alongside them the entire Mr. MCCONNELL. Madam President, pause on legislation that would have way. Back in 1992, I was proud to au- that isn’t the only important task we further eroded its autonomy and in- thor the U.S.-Hong Kong Policy Act will tackle on a bipartisan basis today. vited more meddling from the main- and helped codify America’s stance on In just a few hours, the Senate will at- land, but victory for freedom and au- the special status of Hong Kong. tend to an important subject we have tonomy is not yet assured. The bill in So on the 70th anniversary of the never failed to address; that is, the question has been suspended, but it PRC and the 30th anniversary of the September 11th Victim Compensation hasn’t been totally withdrawn. Tiananmen Square massacre, I am Fund. Hong Kong’s people, emboldened by grateful the administration and Con- I know my colleagues don’t need any this rare victory over Beijing’s creep- gress, on a bipartisan basis, are reex- extended lecture from me about the ing influence, have continued to exer- amining America’s relationship with

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.002 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4985 the PRC. I am grateful for the bipar- we can follow the model of Catholic gardless of their political position, tisan work my colleagues have done on Charities all along the border. would support this. But the Trump ad- this important issue, and I am con- That is why Democrats have been ministration has now pledged to end fident Congress will continue to hold pushing to restart and infuse more dol- the security assistance to Central hearings and stay vigilant on the sub- lars into alternatives to detention de- American countries. That is counter- ject of autonomy and democracy in spite Republican objections. The Fam- productive. It is boneheaded because it Hong Kong, as well as China’s overall ily Case Management Program, cou- is going to cause more people to flee. strategy and its implications for the pled with a Democratic bill to address Unfortunately, it is been typical of the United States, our allies, and the en- the treatment of children—a bill that President’s approach. This morning, tire world. Senators MERKLEY, FEINSTEIN, DURBIN, the President tweeted and bragged I suggest the absence of a quorum. and I have sponsored, as well as many about how he has cut off funding to The PRESIDING OFFICER. The others—over 30 other Democrats, I be- Guatemala 9 months ago. It is counter- clerk will call the roll. lieve—would both improve the condi- productive. That means more—not The senior assistant legislative clerk tions at the detention centers and en- fewer—people at our borders, plain and proceeded to call the roll. sure that families comply with our im- simple. Mr. SCHUMER. Madam President, I migration laws. In my experience, I have not seen the ask unanimous consent that the order I would say one more thing about President be serious about dealing with for the quorum call be rescinded. these kids and the parents. They are immigration. He has used the issue; he The PRESIDING OFFICER. Without not criminals. I asked Mark Morgan, riles up his base without telling them objection, it is so ordered. who is certainly known as a hard-liner the truth, making them think they are all criminals—I see this on FOX News f on immigration: What percentage of these kids and parents are criminals? all the time as well—demeaning immi- RECOGNITION OF THE MINORITY It is a very small percentage. At one grants, who are what America is all LEADER point, it was said that 96 percent—and about, inflaming racial tensions, and The PRESIDING OFFICER. The at another point 98 percent—are not stoking fear. Democratic leader is recognized. criminals. They are the same people So we in Congress, Democrats and Republicans, should take the lead and f our grandparents or our great-grand- develop a way forward, a real way that BORDER SECURITY parents or our great-great-grand- parents were, who sought safety and a will solve the problems at the border in Mr. SCHUMER. Madam President, decent life in America. Their children a way that complies with humanity, last Friday, I went with a group of Sen- and their grandchildren—on my fa- the American way, and the rule of law. ate Democrats to visit several deten- ther’s side I am one of the grand- f tion centers at our southern border, in- children, and on my mother’s side I am BUDGET AGREEMENT cluding the Border Patrol facility in one of the great-great-grandchildren— McAllen and processing centers at Madam President, on a different sub- have done good things for America ject, yesterday, four congressional Donna and Ursula, TX. The searing ac- throughout the country. That is what counts about the conditions endured by leaders in the Trump administration America is all about. These people are reached a bipartisan agreement that the migrant families are true. We saw not fleeing to break the law. They are overcrowding. We heard migrants tell will strengthen our national security not fleeing to traffic drugs. They are and clear the way for important invest- us they are unable to brush their teeth, fleeing because the gangs down there ments in America’s middle-class—in- shower, call their families, or access have told the parents: We will rape vestments in healthcare, education, feminine hygiene products. We saw your daughter, we will murder your childcare, veterans, cancer research, children in soiled clothing, caged and son, and we will burn your house if you and more. expressionless. It is heartbreaking—the don’t do what we want. They are flee- First and foremost, I am pleased to thousand-smile stares on the faces of ing for the safety, the beauty, and the report that in this deal, Democrats toddlers where smiles and laughter opportunity of America, which genera- have finally found a way to end the should have been. It breaks your heart tions since the 1600s have done and threat of sequester permanently. The and makes your blood boil all at once. have made this country great. arbitrary and draconian limits of the But we saw something else. I am al- We need to return to a rational dis- sequester have hammered our ability ways looking for the positive. We saw a cussion about the reality on the to invest in working Americans for too much better model employed by a non- ground, and that includes a discussion long. There are large forces pushing profit Catholic Charities center, run by about the root causes of immigration. the middle class around—globalization Sister Norma Pimentel. There, families Again, when the President says Ameri- and automation—and the only answer, had access to medicine, food, and show- cans should know that all of these peo- because most of our international com- ers as their asylum cases were being ple arriving at our borders are crimi- panies haven’t really made the effort processed in an orderly fashion. These nals trying to game the law, he should at least until now, is government pro- people were being treated humanely, know who they are. As I said, Mark viding ladders—ways out, ways in, and and they were following the law. Morgan, his own CBP Commissioner, ways up—so that average middle-class Sister Norma told us that the gov- admitted as much to our congressional people can maintain that great Amer- ernment could replicate this model. delegation on Friday when we ques- ican dream, which means, simply put, She explained that if ICE reinstated tioned him. The vast majority of fami- if you work hard, you will be doing bet- the Family Case Management Pro- lies are fleeing unimaginable violence ter 10 years from now than you are gram, we could see as high as 99-per- and degradation in their countries. So doing today, and your kids will still be cent compliance with immigration let’s get at the root causes of this, in- doing better than you. We need those court orders without the need for ex- stead of just tweeting and going on TV kinds of programs—education, infra- panded detention and overcrowding. and ranting, which people have done. structure, healthcare, and childcare— What a difference that could make. First, allow migrants to apply for to make this happen; otherwise, these Sister Norma showed us that we can asylum inside their own countries. Sec- big economic forces are going to con- treat these migrants with respect and ond, hire more immigration judges to tinue to push the middle-class and poor decency without sacrificing border se- reduce the backlog in cases at the bor- people around. The wealthy—they will curity or law and order. The two are der. Third, provide security assistance do fine, even though this Republican not mutually exclusive. That is such to these Central American countries to Party and this administration seem to an important point. You can have both help them crack down on the vicious make them their first choice. Look at humane treatment and rule of law. gangs and drug cartels that cause so that tax cut. Anyone who says that we must choose many to flee in the first place. So this is a good thing. It means that between treating these people hu- This is a rational thing to do. I think the shadow of sequestration, the inabil- manely and enforcing our laws is offer- most Americans, regardless of their ity of the government to provide lad- ing a false choice. We can do both, and ideology, regardless of their party, re- ders so that middle-class people can

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.003 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4986 CONGRESSIONAL RECORD — SENATE July 23, 2019 deal with the big forces pushing them that will hopefully avoid another I suggest the absence of a quorum. around, will no longer hover over our senseless and harmful government The PRESIDING OFFICER. The work on the Federal budget. shutdown. The House will now move clerk will call the roll. Not only did we permanently end quickly to put this agreement up for a The senior assistant legislative clerk that devastating sequester, which, by vote, and then the Senate can follow proceeded to call the roll. the way, the military hated, as well as suit and send it to the President’s Mr. THUNE. Madam President, I ask people who wanted help on the domes- desk. I was glad to see that the Presi- unanimous consent that the order for tic side—it slashed them as well. Gen- dent tweeted—I believe it was the quorum call be rescinded. eral Mattis was fanatic, almost, in a tweeted—and put out a statement that The PRESIDING OFFICER. Without good way about this. I miss him. But he supports this agreement. objection, it is so ordered. we Democrats did this in an extraor- f f dinary fashion. The agreement includes a significant 9/11 VICTIM COMPENSATION FUND RESERVATION OF LEADER TIME increase in funding for critical domes- Mr. SCHUMER. Madam President, fi- The PRESIDING OFFICER. Under tic priorities, including an increase in nally, there is something we can vote the previous order, the leadership time the domestic budget authority that on today at long, long last—the 9/11 is reserved. even exceeds the increase in defense by Victim Compensation Fund for those f $10 billion over the next 2 years. For brave heroes who rushed to the Towers those counting, yesterday’s deal means on 9/11. The light at the end of the tun- CONCLUSION OF MORNING that Democrats have secured over $100 nel of what has been a very long and BUSINESS billion in funding increases for domes- sometimes very dark time is now only The PRESIDING OFFICER. Morning tic programs since President Trump a few hours away. We have waited too business is closed. took office. At the same time, it en- long to settle this matter. Too many f sures that our military is prepared to people have put up bipartisan road- LEGISLATIVE SESSION keep Americans safe around the world. blocks along the road. This $100 billion sounds abstract. But Now we are here, about to exit the tunnel and guarantee once and for all let me tell you what it means: more NEVER FORGET THE HEROES: that the heroes who rushed to the Tow- funding to the States for opioid treat- JAMES ZADROGA, RAY PFEIFER, ers 18 years ago will no longer have to ment. The States are desperate for AND LUIS ALVAREZ PERMANENT worry about compensation for their more help. Young people are dying of AUTHORIZATION OF THE SEP- families when they are gone. These these horrible drugs. Treatment works. TEMBER 11TH VICTIM COM- men and women, many of them sick, I held in my arms a father from Buf- PENSATION FUND ACT falo whose son had served in Iraq, had some of them gravely so, will not have PTSD, and then got hooked on opioids to return to Congress anymore to fight The PRESIDING OFFICER. Under when he came back here. Finally, the for the compensation they always the previous order, the Senate will re- kid hit bottom. He said: Dad, I want to should have been given. They will be sume consideration of H.R. 1327, which go to a treatment center. able to go home, tend to their illnesses, the clerk will report. Unfortunately, there was a 23-week their family members, and their The senior assistant legislative clerk waiting period, and the young man friends. That is what they always read as follows: killed himself in the 22nd week. The fa- wanted to do—just take care of them- A bill (H.R. 1327) to extend authorization ther cried in my arms, a big steel selves, their families, and their friends for the September 11th Victim Compensation worker with tattoos and everything who got sick from the poisonous stuff Fund of 2001 through fiscal year 2092, and for else. He was devastated, as anybody that was in the air right after 9/11, other purposes. else would be over the loss of a child. when, bravely, these men and women NOMINATION OF MARK T. ESPER Now there will be more money for that. rushed to the Towers. That is what we Mr. THUNE. Madam President, later This is not abstract. want. We have waited too long. this morning we will be voting on the What about fixing VA hospitals? Now, we are going to have a few nomination of Mark Esper to be Sec- What about more money to help edu- amendment votes first, and I warn my retary of Defense. Dr. Esper is an out- cate our kids properly? What about colleagues on both sides of the aisle: If standing choice. I don’t need to tell some money to make the burden of col- you vote for these amendments, you anyone how essential the position of lege less great, as heavy as it is? What will, at best, delay the bill but, at Secretary of Defense is to our national about money for climate and clean en- worst, kill it. Neither is a good choice, security. The Secretary of Defense is ergy? What about money for infra- neither is a palatable choice, and nei- key to ensuring that our Nation is pre- structure and transportation? That ther is an acceptable choice. Let’s de- pared to meet and defeat any threat. $100 billion is not abstract. It is for all feat these amendments. I believe they Dr. Esper has the experience, the of these things. It is going to mean jobs will be defeated. Then, let’s pass the knowledge, and the character for the for the American people. It is going to bill overwhelmingly. job. He has an illustrious resume: West mean ladders up for the American peo- This body has come together to help Point grad, Gulf war veteran, Bronze ple. It is going to mean some hope for veterans time and again. These people Star recipient, Rifle Company com- the American people. are just like veterans, and 9/11 seemed mander, a total of 10 years on Active I know that on the other side some like a war. I was there. I was there the Duty, and an additional 11 in the Na- on the right will say: This increases next day. I was in Washington the day tional Guard and Army Reserve. the deficit. Just a year ago they voted it happened. In a time of war, these In addition to his practical military to increase the deficit by $1.5 trillion— brave people selflessly risked their and leadership experience, he has ex- now, maybe $2 trillion—with a deep tax lives and rushed to the Towers to de- tensive experience on the policy side of cut, the overwhelming part of which fend our freedom, just like our soldiers things as well. He has a master’s de- went to the wealthiest people in Amer- do and just like our armed services do. gree from the John F. Kennedy School ica. So don’t start hollering ‘‘deficit’’ So we should sign this bill into law. of Government at Harvard and a doc- when it comes to helping the middle Now, I will have more to say on the torate in public policy from George class when you are willing to deepen matter before and after the vote, about Washington University here in the Na- the deficit when it comes to helping what this means, and thanking the tion’s Capital. He worked as a senior the wealthy. Of course, now, part of many people, particularly the first re- professional staff member on the Sen- this is that the debt ceiling will be ex- sponders—names like Zadroga, Pfeifer, ate Foreign Relations Committee and tended until the summer of 2021, pre- and Alvarez—who made this happen. the Governmental Affairs Committee, serving the full faith and credit of the Until then, let me just say it is hard as policy director for the House Armed United States. for me to express how much I am look- Services Committee, and as national Looking forward, I think we have ing forward to passing this bill here security adviser to former Senate Ma- laid the groundwork for legislation today. jority Leader Bill Frist. He also served

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.004 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4987 as a Deputy Assistant Secretary of De- nomination of Stephen Dickson to be actly what happened. Delta and Mr. fense during the George W. Bush ad- the next Administrator of the FAA. Dickson removed her from duty and re- ministration, and during the Trump I have said that it is very important quired her to undergo a mental health administration, of course, he has that in this day and age, when it comes evaluation, forcing her to protect her served as Secretary of the Army. to aviation, safety must always be our career and her reputation. As Army Secretary, he has driven top priority. We considered Mr. The psychiatrist Mr. Dickson’s team budget reform and Army moderniza- Dickson’s nomination, his record, and handpicked to examine Ms. Petitt had tion, supported Defense cooperation the ongoing case of a whistleblower re- his own problems of serious red flags with our allies, and supervised the taliation, and given all of that, it is and retaliatory threats. For example, most significant reorganization of the clear to me that he is not the right per- the doctor cited that just because Offi- Army in 45 years. His character and his son for the safety culture we need cer Petitt had three kids, a job, and expertise have won him respect from today at the FAA. helped her husband with his career, she both sides of the aisle. It is distressing to me that Mr. must be manic. I don’t know about the The Democratic junior Senator from Dickson advanced out of committee on Presiding Officer, but to me it just Virginia recently described Dr. Esper just a party-line vote. We have never sounds like being an American woman as ‘‘a person of sound character and had a partisan vote on an FAA nomi- today, juggling many things. moral courage’’ and encouraged his col- nee in the past, and I believe we should The psychiatrist even had the nerve leagues to support Dr. Esper’s nomina- have found consensus on the nominee to ask when the first officer was pump- tion. for the FAA given all the concerns the ing breast milk for her children. That Reacting to Dr. Esper’s appointment public has about flying safety. is the kind of questioning the officer as Acting Defense Secretary, the The reason why I oppose Mr. Dickson had to answer. Democratic chairman of the House is from what I understood, after the The good news is that there are laws Armed Services Committee noted that hearing, from First Officer Karlene on the books that protect people in the Department of Defense would ben- Petitt, who has a Ph.D. in aviation these kinds of incidents when they are efit from Dr. Esper’s leadership. safety and is an experienced pilot over a whistleblower and they have been re- Dr. Esper was confirmed as Secretary 40 years and happens to be one of my taliated against. of the Army by an overwhelming bipar- constituents. At a hearing, we basi- Later, a panel of eight doctors from tisan majority, and his nomination as cally understood that no one was hold- the Mayo Clinic and another inde- Defense Secretary was reported out of ing Mr. Dickson accountable for ac- pendent doctor came to the opposite the Senate Armed Services Committee tions that he took against her at Delta conclusion of this psychiatrist, stating with nearly unanimous support. I look Airlines. that Officer Petitt had no mental forward to seeing a similarly strong bi- Back in 2010, she was a pilot on an issues and that she should continue to partisan vote for his confirmation later A330 flight. She had seen a crash of an fly as she had done for many years. today. A330 plane—tragically, an Air France It is very unfortunate that this situa- In November 2018, the bipartisan Na- plane in the Atlantic Ocean. She had tion arose, but it is more unfortunate tional Defense Strategy Commission also heard comments from those in the that Mr. Dickson was not evenhanded released a report warning that our Delta executive team that if you have about it when his nomination came be- readiness had eroded to the point a concern about safety, say something. fore the committee. It is standard oper- where we might struggle to win a war So she thought she was doing just that. ating procedure in the U.S. Senate to against a major power like China or As part of what she thought was im- ask nominees this question: Have you Russia. The Commission noted that we portant information following these or any business or nonprofit that you would be especially vulnerable if we A330 incidents, she said she had con- have been associated with been in- were called on to fight a war on two cern about pilot training when it came volved as a party to an administrative fronts. to potential automation and failures of agency, criminal, or civil litigation? Rebuilding our military and equip- making sure that they were giving Why do we want to know that? We ping it to meet 21st century threats has enough rest time to pilots. She ob- want to know of any kind of deroga- to be a priority. I was encouraged yes- served that there were issues she tory information about a nominee terday by the fact that the budget deal thought were putting both her and pas- whom we are about to entrust with the arrived at by the administration and sengers at risk. public confidence through the U.S. Speaker PELOSI prioritizes money for So what did she do? She did what all Senate. We want to know whether our military. While it is not a perfect employees, we hope, would do. She in- there have been any issues and whether piece of legislation, it will ensure that formed her superiors and suggested that trust has been misplaced. Instead we are able to keep rebuilding our mili- possible solutions. She was persistent of answering that question, he did not tary and deliver on-time funding for and wanted to make sure that these bring up this incident at Delta. our men and women in uniform. recommendations were met with by the I don’t know of any nominee before During his confirmation hearing, Dr. leadership of the organization—Mr. the Commerce Committee who, having Esper revealed his clear understanding Dickson and his second-in-command, failed to disclose this kind of informa- of what needs to be done on the na- Jim Graham. Some of the concerns she tion, then moved forward after it was tional security front: modernize and re- raised about inadequate pilot training brought up. That is right. The only rea- build our military; ensure that we are and not enough pilot rest were things son we knew about this incident is not prepared for a new era of great-power that you thought would have maybe because of his requirement to disclose competition while maintaining our gotten her recognized for the great it and his failure to disclose it but be- ability to confront terrorist organiza- contribution to a safety culture that is cause, during the hearing when every- tions and rogue nations; cultivate our so necessary today in an age of more body heard all of this glowing informa- relationship with our allies; and sup- and more automation. Whether you are tion, a whistleblower came forward to port our men and women in uniform, talking about an automobile or an air- explain to members of the committee who sacrifice so much to keep our Na- plane, it is essential that automation that this incident took place and ex- tion safe and free. and training go hand in hand. actly what had happened to her in her I am confident that Dr. Esper will be Instead of Officer Petitt getting the career as she tried to raise important an outstanding Secretary of Defense, attention she deserved, the company issues. and I look forward to supporting his sent her for a mandatory psychiatric When Mr. Dickson was asked for fur- nomination later today. evaluation. Can you imagine a whistle- ther information about this lawsuit I yield the floor. blower bringing up concerns as a pilot and why he didn’t disclose it, he went The PRESIDING OFFICER. The Sen- flying for many years and instead of on to minimize his involvement, saying ator from Washington. being paid attention to, being sent for that it amounted to essentially one NOMINATION OF STEPHEN M. DICKSON a psychiatric evaluation? meeting with the pilot; however, a re- Ms. CANTWELL. Madam President, I Just a few months after Officer view of written records, emails, deposi- rise today to speak in opposition to the Petitt raised her concerns, that is ex- tions, and other materials showed that

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.006 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4988 CONGRESSIONAL RECORD — SENATE July 23, 2019 Mr. Dickson was more involved than Captain Sullenberger said it best: Today, I want to raise some even just one meeting. This nominee, while a senior executive at more pressing concerns that are new. We all want our officials to show a Delta Airlines, either caused or allowed a Many times in the past, I have warned commitment to safety, establishing whistleblower with validated safety concerns that unnecessary government surveil- rules and a culture that protects the to be retaliated against. I strongly oppose lance holds the potential to be abused, flying public. That is one reason Cap- his nomination. The decisions the next FAA but I have never done what I am doing tain Sullenberger has come out against Administrator makes will determine how today. Today, I fear—rather, I expect safe every airline passenger and crew will be. this nominee. He knows that when it that if we give the Attorney General comes to creating a culture of safety, I know that it is hard for people in and the President the unprecedented it has to start at the top, and we have busy jobs to slow down and listen to power to break encryption across the to listen to people like the pilots who whistleblowers, but I guarantee they board and burrow into the most inti- are showing concerns today about the have helped us many times to solve mate details of Americans’ lives, they Boeing 737 MAX. We should listen to many problems. will abuse those powers. I don’t say them and the inspector general on I ask my colleagues to turn down that lightly. Yet, when I look at the what types of processes should be put this nomination today and to help us record, the public statements, and the in place to resolve the challenges we create an environment where whistle- behavior of William Barr and Donald face as we integrate more automation. blowers will be listened to. Trump, it is clear to me that you can’t Automation can help us make things I yield the floor. make the case for giving them this I suggest the absence of a quorum. safer, but automation without the pilot The PRESIDING OFFICER. The kind of power. There is too much evi- training, without the integration, clerk will call the roll. dence that they will abuse it. Their without a culture that rewards people The senior assistant legislative clerk record shows they do not feel con- for bringing up issues, instead of al- proceeded to call the roll. strained by the law. They have not most red-coding them as a response, is Mr. WYDEN. Mr. President, I ask been bound by legal or moral prece- not what we need to be doing. unanimous consent that the order for dents. Donald Trump, by his own A 2016 report by the Department of the quorum call be rescinded. words, has no ethical compunction— Transportation inspector general high- The PRESIDING OFFICER (Mr. these are his words—about using gov- lights the essential role of FAA over- SCOTT of Florida). Without objection, ernment power against his political en- sight to reduce the hazards with regard it is so ordered. emies. to increased reliance on flight deck au- Never before have I been so certain ENCRYPTION tomation. The FAA estimates that au- Mr. WYDEN. Mr. President, today I that an administration in power would tomation is used 90 percent of the time rise to rebut the deeply flawed proposal knowingly abuse the massive power of in flight. Yet, according to the inspec- the Attorney General made this morn- government surveillance. It is for that reason that building government back tor general report, the FAA did not ing. This morning, he raised a tired, de- have a process to ensure that airline doors into the encrypted communica- bunked plan to blow a hole in one of pilots are properly trained to use and tions of the American people is now the most important security features monitor automation systems while uniquely dangerous and must be op- protecting the digital lives of the maintaining proficiency in manual posed at all costs. American people. Mr. Barr—once again flight operations. These are serious charges that I have The report recommended that the echoing the views of some on the far, made, and I am going to walk through FAA provide guidance in defining far right—is trying to undermine my reasoning. First, I would like to standards that airlines can use to train strong encryption and require govern- discuss the Attorney General’s history and evaluate pilots in the use of auto- ment back doors into the personal de- when it comes to government surveil- mation. It also recommended that vices of the American people. lance and government power. ‘‘Encryption’’ is a technical term standards be established to determine When this body voted on Mr. Barr’s whether pilots were receiving suffi- that gets thrown around by people in nomination earlier this year, I laid out cient training to develop and maintain government who don’t want you to use in great detail his history when it manual flying skills. it. The idea, however, is simple: It is comes to Executive power. Anyone These are the very matters First Of- using math to encode your information wishing for a full airing of Mr. Barr’s ficer Petitt had focused on when mak- so that the only people who can read it lifelong devotion to unbounded Execu- ing her observations and suggestions are the ones you want to read it. tive power can dial up those remarks of regarding safety. They are as critical As is often known, encryption is used mine on C–SPAN, but I just want to today as they were for the A330. every time a credit card is swiped or an highlight one item again this morning. We are living in an era of increasing online bank account is accessed. It Mr. Barr testified in October of 2003, automation, and we have work to do. I helps protect our kids from predators and he laid out his ideological position guarantee that we are going to con- who would spy on them through their that the President is not restrained tinue to play a role in this in the Com- cell phone cameras or surreptitiously when it comes to surveilling people merce Committee, making sure the in- track their movements. It keeps our here in the United States—not by laws spector general’s criticisms of the FAA health records, our personal commu- passed by Congress, not by the Fourth with regard to these issues are ad- nications, and our other sensitive data Amendment, no constraints. dressed. We need someone on the front- secure from hackers. Strong In that 2003 testimony, Mr. Barr said line who takes safety seriously and lis- encryption helps protect national secu- that the PATRIOT Act didn’t go far tens to the pilots. I know these issues rity secrets from hackers working for enough in terms of government surveil- are weighing on the American public— the Russians, the Chinese, the North lance. Even worse, Mr. Barr said that the very questions that Dr. Petitt Koreans, and other hostile govern- laws going back to the 1970s have no asked. I am sure, with the right ments. real effect on Presidential power. Mr. amount of engineering and coopera- I have spent a full decade fighting off Barr said: ‘‘Numerous statutes were tion, we can get them right. horrible plans to undermine strong passed, such as FISA’’—Foreign Intel- But Mr. Dickson has doubled down. encryption. My usual argument goes ligence Surveillance Act—‘‘that pur- He basically said that he had no re- something like this: You can’t build a ported to supplant Presidential discre- grets about how he handled the situa- back door only for the good guys, for tion with Congressionally crafted tion when we came back at him about government officials who are trying to schemes whereby judges become the ar- the fact that the information wasn’t protect people. Once you weaken biter of national security decisions.’’ In submitted. He basically said he had no encryption with a back door, you make one sentence, Mr. Barr just swept 40 regrets about trying to end a 40-year it far easier for criminals and hackers years of congressional action and 200 career of a whistleblower. I find this and predators to get into your digital years of constitutional governance out very challenging. I want the FAA to life. Then I go through all the reasons the window. We ought to take him at move forward with confidence that we the government’s plan to build a back his word that he has contempt for the are going to create the safety culture door is just about the worst idea since Fourth Amendment and critical laws necessary for today’s environment. Crystal Pepsi. that protect our law-abiding people.

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.007 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4989 It is far more than just words, how- Russian hacking of his opponents, Don- ers who have had the honor of rep- ever, that lead me to this conclusion. ald Trump said: ‘‘I wish I had that resenting the great State 48 in the U.S. It is now public record that William power.’’ Senate, and I am filled with gratitude Barr, when he was Attorney General in So Donald Trump—a President who to the people of the State who have en- the 1990s, approved a massive, illegal Attorney General Barr thinks can do trusted me with this duty. In con- surveillance program. no wrong—is the one who is driving tinuing the work of leaders who have The inspector general at the Depart- this. This is the President who Attor- held the Senate seat, from Senators ment of Justice revealed this March ney General Barr thinks is above the Barry Goldwater and Dennis DeConcini that William Barr gave the OK to a law. This is the President whom the to, most recently, Senators Jon Kyl bulk phone records dragnet at the Drug Attorney General will, in effect, cover and Jeff Flake, I have pledged to up- Enforcement Agency that ran for more for at virtually every turn, as he did hold Arizona’s proud tradition of put- than 20 years. The inspector general when he repeatedly lied about the con- ting country above party. found that Mr. Barr never even looked tents of the Mueller report. Most new Senators deliver their to see whether that Drug Enforcement Let me close by talking about why maiden speeches soon after being sworn Administration bulk surveillance pro- this matters to William Barr’s efforts in. I have waited so I could use these 6 gram was legal. The inspector general now to break into Americans’ months to demonstrate to Arizonans, called it ‘‘troubling’’ because of the encrypted communications. The argu- in actions more than words, exactly disconnect between what the law says ment that the government needs to how I intend to serve our State in the and how it was secretly being inter- weaken encryption has always been Senate. I promised Arizona that I preted and used. The Drug Enforce- based on the promise that the govern- would do things differently than have ment Agency program that William ment will never use the back door others in Washington. Barr approved relied on subpoena without a court-ordered warrant. Americans see a lot of chaos in this power that requires that the records Yet Mr. Barr, in his own words and city. There is intense pressure from all being collected be ‘‘relevant or mate- actions, has demonstrated repeatedly, sides to spend time and energy on rial’’ to an investigation. But Mr. Barr when it comes to surveillance, that the every scandal, every insult, every didn’t bother to consider whether all of laws don’t matter, that the courts tweet, and every partisan fight, and it those phone records that were collected don’t matter, and that even the Con- is very easy to get distracted. It is the in bulk were consistent with the law; stitution doesn’t matter. The only simplest thing in the world to line up he just went ahead and rubberstamped thing that matters is what he and the on either side of a partisan battle. it. President feel like doing. What is harder, though, is to ignore the The inspector general tends to be po- So I would ask my colleagues who chaos and get out of our comfort zones lite about outright calling government are here, what Senators in their right to build coalitions and get things done. programs illegal, but even the inspec- minds would give these men the au- I promised Arizona I would do the hard tor general pointed out that there are thority to break into the phone of work, and that approach has produced multiple court cases that ‘‘clearly sug- every single American? Imagine what results. gested potential challenges to the va- kind of information they could gather In these first 6 months, two bills I lidity of the DEA’s use of this statu- on their political opponents. Imagine if have sponsored to improve protections tory subpoena power in this expansive, a Member of Congress were secretly and services for veterans have passed non-targeted manner.’’ gay and were desperate to hide the the Senate and the House, and they Finally, the inspector general found fact. Despite campaigning on family now await the President’s signature to that the records collected from the pro- values, imagine if a Member of Con- put them into law. These new measures gram were used outside the Drug En- gress had cheated on his wife. Would a expand American Legion membership forcement Agency for investigations man like the individual I have de- to veterans across the country, protect that had nothing to do with drugs—a scribed here use that information veterans from scam artists, and help practice the inspector general said against them? Would Donald Trump veterans achieve the dream of home ‘‘raised significant legal questions.’’ use it to secure their loyalty in the ownership. Few efforts better illustrate The inspector general goes on to note face of his own wrongdoing? my approach to service or are more that Congress was kept almost entirely I understand that the world is a worthy of our attention than that of in the dark. At a time when the Amer- frightening place, and anybody who the Somers family. ican people are hungry for trans- serves on the Select Committee on In- As a Congresswoman, I shared the parency and openness and account- telligence would share that view. Some story of SGT Daniel Somers on the ability, the inspector general says Con- government agencies will always advo- floor of the U.S. House, and I will now gress was kept in the dark by Mr. Barr cate for greater powers to surveil share that story for the first time on about a decades-long, illegal bulk col- Americans and intrude into their dig- the floor of the Senate. lection program, with the exception of ital lives. It is important to remember, Sergeant Somers was an Arizona a single secret Intelligence Committee as I touched on in the beginning, that Army veteran who served two tours in hearing in 2007. Even then, it was obvi- the banning of encryption in America Iraq. He served on Task Force Light- ous the program was illegal. That is will not stop the bad guys from using ning, an intelligence unit, and ran why my colleague Senator Feingold encryption, and it will not ban basic more than 400 combat missions as a and I wrote to the head of National In- math algorithms elsewhere in the machine gunner in the turret of a telligence pointing out that the sub- world. It will only leave Americans less humvee. Part of his role required him poena authority the DEA was using secure against foreign hackers, and—I to interrogate dozens of terror sus- was never intended for bulk collection. regret having to say this—it will leave pects. His work was deemed classified. This was secret law, and it was wrong Americans less secure against intru- Like many veterans, Sergeant and dangerous. sions by an administration that has Somers was haunted by the war when That is why I wanted to make sure shown it is willing to support lawless he returned home. He suffered from people knew Mr. Barr’s history, be- measures. flashbacks, nightmares, depression, cause this secret, illegal bulk collec- I yield the floor. and other symptoms of post-traumatic tion program was approved by the cur- The PRESIDING OFFICER. The Sen- stress disorder—all made worse by a rent Attorney General. So you have an ator from Arizona. traumatic brain injury. Sergeant Attorney General who not only has MAIDEN SPEECH Somers needed help. said he is not constrained by the law, Ms. SINEMA. Mr. President, I am He and his family did what all fami- but he has a history of breaking the honored to rise to deliver my maiden lies who face similar challenges are law. You also have a President who al- speech as the senior U.S. Senator from urged to do—they asked for help. Yet, most every day expresses contempt for the great State of Arizona. I was sworn when the VA’s answer came, it dem- any legal or constitutional restraints in to this distinguished body just over onstrated exactly what happens when on his powers. That attitude applies to 6 months ago. I am incredibly honored America’s veterans are left behind. The surveillance too. In 2016, in response to and humbled to join only a dozen oth- VA enrolled Sergeant Somers in group

VerDate Sep 11 2014 02:31 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.009 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4990 CONGRESSIONAL RECORD — SENATE July 23, 2019 therapy sessions—sessions he could not earned, for servicemembers’ loved ones racy to provide the support this Ari- attend for fear of his disclosing classi- are not always aware of the resources zona veteran needed, and the resulting fied information. Despite repeated re- that are available to them—resources tragedy is not a story that dominated quests for individualized counseling or that can prove to be critical when the national headlines. It is not a polit- some other reasonable accommodation those servicemembers encounter chal- ical scandal, and it is not a partisan to allow Sergeant Somers to receive lenges during Active Duty or after food fight to which Members of Con- appropriate care for his PTSD, the VA their separations from the military. gress are pressured to respond. It is not delayed in its providing him with suit- The Somers’ family and I have what reporters in the Capitol’s hall- able support and care. worked over the past several months ways ask me about, and it is not what Like many veterans, Sergeant with the Department of Defense on new people tweet to me on a daily or on Somers’ isolation got worse when he legislation to create a network of sup- even an hourly basis. You will never transitioned to civilian life. He tried to port for our military members. In May, see a push notification on your iPhone provide for his family, but he was un- I introduced the bipartisan Sergeant about legislation like ours. Yet this is able to work due to his disability. He Daniel Somers Network of Support the kind of work that matters. It mat- struggled with the VA bureaucracy. Act, which was cosponsored by my ters to Sergeant Somers’ parents, and His disability appeal had been pending friend and colleague on the Veterans’ it matters to veterans across my State. for more than 2 years without there Affairs Committee, Republican Senator It matters to military families and to having been any resolution, and he THOM TILLIS. Our legislation requires loved ones, and it matters to Arizona. didn’t get the help he needed in time. each new servicemember be asked for It is exactly why, as Arizona’s senior On June 10 of 2013, Sergeant Somers the names of loved ones whom he or Senator, I will not spend my time fo- wrote a letter to his family. she considers to be part of his or her cusing on areas of disagreement, be- He wrote: network of support. In return, the De- cause expending energy on the latest I am not getting better. I am not going to partment of Defense and the Red Cross tweet, on the latest insult, and on get better. And I will most certainly deterio- will provide information about benefits petty politics simply doesn’t move the rate further as time goes on. and services that are available to mili- needle for everyday people like the He went on to write: tary members. Somers. By engaging loved ones and families As a member of the Veterans’ Affairs I am left with basically nothing. Too Committee, I am fortunate to serve trapped in a war to be at peace. Too damaged from the beginning, the Department of to be at war. Abandoned by those who would Defense can better prepare and equip with Republican Chairman JOHNNY take the easy route and a liability to those our military families and friends to ISAKSON and Ranking Member JON who stick it out and thus deserve better. So better understand military life, to no- TESTER—two Senators who dem- you see, not only am I better off dead, but tice when servicemembers are in need, onstrate every day what can get done the world is better without me in it. This is and to help ensure that servicemem- when leaders put aside their differences what brought me to my actual final mission. bers get the right kind of assistance or and work toward common goals. Our On that day, we lost SGT Daniel care. We must do everything possible bipartisan legislation got this far Somers to suicide. to empower family and friends, who are thanks in part to support from Sen- Americans who return home from the first line of defense in our pre- ators ISAKSON and TESTER, as well as having served our Nation must always venting suicide amongst our veterans from the leaders of the Armed Services have somewhere to turn for support. I and servicemembers. Committee, Chairman JAMES INHOFE am committed to ensuring that no vet- This commonsense solution could be and Ranking Member JACK REED. How- eran feels trapped like Sergeant a game-changer for the men and ever, in this effort and in so many oth- Somers did and that all of our veterans women who have risked their lives to ers, I sorely miss the leadership of the have access to appropriate mental protect our freedoms, for their isola- former Armed Services chairman and health care. tion leads to tragedy. We have worked my personal hero, John McCain. So many of my colleagues in this Sergeant Somers’ story will sound with Congressman SCOTT PETERS, of body came to know and love Senator too familiar to too many military fam- California, who has introduced com- John McCain for his military heroism ilies. Perhaps less common is the as- panion legislation in the U.S. House. In and for his years of leadership in the tonishing bravery that had been dem- working as a team across party lines, Senate. Back home in Arizona, Senator onstrated by Sergeant Somers’ parents, we successfully included our network John McCain is also a hero for what he Howard and Jean, after their son’s of support legislation in the national death. represented in public service. defense bill that was passed by both What Senator McCain said in his last Howard and Jean are in the Senate’s the Senate and the House over the past Gallery today, and I am so honored to speech in this very Chamber shapes my few weeks. service to Arizona every day. He said: have them here as I share their son’s I am proud of this accomplishment, story. But make no mistake, my service here is but we have so much more to do. When the most important job I have had in my life. Howard and Jean were devastated by servicemembers transition from active And I am so grateful to the people of Arizona the loss of their son, and nobody would service to veteran status, they face old for the privilege—for the honor—of serving have blamed them if they had turned and confusing regulations that can be here and the opportunities it gives me to inward to deal with their grief, but difficult to navigate even for those who play a small role in the history of the coun- they didn’t. Howard and Jean faced the are able to care for themselves. We try I love. world and bravely shared SGT Daniel must ensure that veterans who receive He went on to say: Somers’ story, and they have created a care from the VA also have a network Merely preventing your political oppo- mission of their own. Their mission is of support in place to help them thrive nents from doing what they want isn’t the to ensure that Sergeant Somers’ story and prosper when they return to civil- most inspiring work. There’s greater satis- brings to light America’s deadliest ian life. I have spoken directly with VA faction in respecting our differences, but not war—the 20 veterans we lose to suicide letting them prevent agreements that don’t Secretary Robert Wilkie, who ex- require abandonment of core principles, in this country every day. pressed his support for extending the agreements made in good faith that help im- While I served in the U.S. House, I network of support to veterans, and I prove lives and protect the American people. worked closely with Howard and Jean look forward to working closely with . . . What a great honor and extraordinary to develop and pass into law the Daniel him to get it done. opportunity it is to serve in this body. Somers Classified Veterans Access to As we continue this work, I urge my Senator McCain talked of what is Care Act, which is legislation that en- colleagues to join me in expanding this possible when the Senate works the sures veterans who serve in a classified critical program. We can help ensure way it was meant to work. He stood for capacity receive behavioral health together that all veterans have net- everything we stand for as Arizonans: services in an appropriate care setting. works to turn to so they never have to fighting for what you believe in, stand- Now it is time to take the next inno- face their challenges alone. ing up for what is right even if you vative step in providing the support The story of Sergeant Somers and his stand alone, and serving a cause great- our servicemembers and veterans have parents, the failure of the VA bureauc- er than one’s self.

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.010 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4991 He taught us to always assume the and toddlers—are at our doorstep, we in cages, not knowing if they will ever best in others, to seek compromise in- do not put them in cages, tear them see their parents again, and this ad- stead of sowing division, and to always from their mother’s arms, let them go ministration continues to ignore basic put country ahead of party. without showers, food, or medical at- human rights. Children should never be One of Senator McCain’s last acts in tention, or let them sleep on cold held in these conditions under any cir- the Senate was to shepherd last year’s floors. cumstances, for any amount of time, annual Defense bill into law—the same The reality is, Customs and Border period. annual bill which, this year, includes Patrol officers are not trained to care We saw children stuffed into crowded our Daniel Somers Network of Support for children, much less those who have spaces. The people detained in these fa- Act. I hope we are making Senator experienced trauma. They are not pre- cilities lack access to basic necessities McCain proud with such important pared nor qualified to provide the much like toothpaste and access to sanitary work. needed care to the families and chil- supplies. There are few, if any, pedia- With Senator McCain’s example dren who are coming here. tricians, no child welfare professionals, lighting the way, and with the trust of What is also true is that there are no hope, just thousands of children and the people of Arizona shaping my serv- members of our Border Patrol and law families in the care of law enforcement ice, I recommit to ignoring political enforcement who are trying to do the officers. This is not who we are. games and focusing on upholding Ari- right thing. Those men and women The dehumanization of migrants, in- zona values to get things done for the signed up to protect our country from cluding many tender-age children in State and for the country I love. terrorism, narcotics, and foreign our detention centers today, is unac- I yield the floor. threats. They are not trained to take ceptable. The psychological trauma I suggest the absence of a quorum. care of traumatized children. The fact they have experienced, and that they The PRESIDING OFFICER. The remains, the state of things in these are continuing to experience, will like- clerk will call the roll. immigration facilities is untenable and ly leave children with deep scars that The legislative clerk proceeded to indefensible. call the roll. I have had the chance to see this cri- will haunt them for the rest of their Ms. ROSEN. Mr. President, I ask sis firsthand, so allow me to speak a lives. unanimous consent that the order for little bit on what I have witnessed and Let me be clear: We are failing our the quorum call be rescinded. how we got here. law enforcement, we are failing our The PRESIDING OFFICER. Without Children and families have been families, and we are failing children. objection, it is so ordered. placed into overcrowded and unsani- We can agree that immigrants with BORDER SECURITY tary facilities, left without suitable criminal records or those who have fal- Ms. ROSEN. Mr. President, I rise to living conditions or even the most sified their reasons for coming should address an issue that transcends poli- basic of necessities for days or even not be allowed to stay, but during my tics and strikes at the very core of who weeks. visit to McAllen last week, the acting we are as Americans. Last year, while serving as a member head of Border Patrol told all of us Throughout my time in Congress, I of the House of Representatives, I trav- that the vast majority of migrant fam- have made it my priority to work with eled to the U.S.-Mexico border with one ilies are not criminals. my colleagues on both sides of the of my colleagues. We toured the I refuse to stand by while this takes aisle, to look past partisanship, and to Tornillo unaccompanied minor facility place on American soil. So I decided to work toward passing commonsense leg- and the Paso del Norte Processing Cen- take action by placing holds on two in- islation so we can help working fami- ter in Texas. What we witnessed there dividuals nominated by this adminis- lies in Nevada and across our country. was heartbreaking. tration to serve in administrative and In the House, I was proud to be We saw a tent city holding unaccom- policy roles of DHS until conditions in named one of the most bipartisan panied migrant children and children these facilities drastically improve, Members of Congress, and that is a separated from their parents. They until DHS meets the standards it is ob- title I plan to keep in the Senate. So I have no access to legal counsel, no way ligated—obligated—to uphold. hope my colleagues recognize the seri- to regularly talk to their families. This is the United States of America. ousness of why I rise today. They are without any idea of what All children deserve to be treated hu- It is without partisan motivation might happen next. Throughout their manely and with dignity, and those of when I say that we have a crisis on our camp, there was a sense of anxiety, any age who come to our country hands. Make no mistake about it, there hopelessness, and despair. I have car- claiming asylum have a legal right to is a humanitarian crisis at our south- ried the images of what I saw during present their case. ern border and we are failing to address that tour with me to this day. it. This administration is failing to ad- In committee testimony and in fol- We must ensure that we achieve, at dress it. This Congress is failing to ad- lowup briefings, in conversations with the very least, minimum humanitarian dress it. the administration and its agencies, we standards at CBP facilities. That With violence and political unrest in- were told conditions would improve, means all CBP facilities where children creasing in the Northern Triangle that plans were in place to provide the are processed or detained need to have countries of El Salvador, Honduras, care that is so desperately needed, and onsite medical professionals with pedi- and Guatemala, we are experiencing a that families would be reunited. We atric training and child welfare profes- surge in the number of migrants who now know that was wrong. sionals. That means implementing a have come to our southern border seek- We have all seen the news and read process for announced and unan- ing refuge from violence and persecu- reports detailing the abysmal state of nounced site visits by NGOs so we can tion. these facilities—children still in cages, ensure proper oversight and account- More than 60 percent of migrants are still going to sleep hungry, still going ability, as well as direct services for families and unaccompanied children weeks without bathing or having ac- children. Even something as simple as fleeing for their lives and seeking a cess to clean clothes, young children a sign that communicates to migrant safe place. Children and their families being tasked by officers to care for tod- families explaining where they are and are coming to our country for the same dlers, and, in some cases, allegations of what to expect—something that simple reasons so many of our ancestors did— sexual abuse by officers. could reduce anxiety and hopelessness because they have no other choice. To find out firsthand whether condi- that these individuals and children are They are coming to the United States, tions are improving, just last week I feeling. a nation of immigrants, a nation built joined my Senate colleagues in touring There is so much good in the Amer- on a foundation of core values, and we detention facilities in the McAllen, TX, ican people, and that shows in the out- do not turn away those fleeing persecu- area. I am sad to say these news re- pouring of support from NGOs that are tion and certain death. ports are accurate. These horrific con- ready and willing to step in and re- It is those same values that tell us ditions have not changed, families are spond. They do so many other humani- that when children—including infants still being separated, children are still tarian efforts. Yet our government is

VerDate Sep 11 2014 01:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.012 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4992 CONGRESSIONAL RECORD — SENATE July 23, 2019 turning away these offers of help. Con- tention, which we gave due diligence to Senator KAINE from Virginia said ditions at these facilities have not im- looking into. The information involved this at Dr. Esper’s confirmation hear- proved, and until they do, I will not re- employees reporting possible safety ing: move my holds on this administra- violations at Mr. Dickson’s former em- He is a person of sound character and tion’s nominees. ployer while he was serving as senior moral courage. He’s been proactive and Once we have taken the necessary vice president. These matters merited transparent . . . trademarks of exceptional steps to ensure migrant children are further examination. The committee leadership. being held in safe and sanitary condi- conducted an extensive review of these Secretary Mattis—you remember tions, we must then take up the crit- allegations, including multiple fol- him—when Dr. Esper was being sworn ical and long-overdue task of reforming lowup conversations and meetings with in as the Secretary of the Army, then- our long-term immigration policy. We Mr. Dickson. We have studied hundreds Secretary of Defense Mattis said: owe it to migrant children and families of pages of legal documents. The bottom line is the virtuous and vile to reach an immediate solution. We Here is what we know for a fact alike have written history, but let’s remem- owe it to our law enforcement to pre- about these allegations. We know for a ber here today that we’re the good guys . . . and this is the man who can take us forward. vent this difficult situation from con- fact—and it is uncontroverted—that tinuing. Mr. Dickson was not a named party in Mark Jacobson, a senior adviser to We must come together. We must any of these matters. We also know for Ash Carter, said: take action now because, at the end of a fact that he was not personally al- This is someone who can work across the the day, these are human lives, and aisle. This is somebody who can work with leged to have retaliated against any of Congress. And that’s really what defines they depend on us. his fellow employees who raised the I suggest the absence of a quorum. him. A soldier, a scholar. safety concerns. The Senate majority leader, MITCH The PRESIDING OFFICER. The Mr. Dickson’s responses to post-hear- MCCONNELL, said: clerk will call the roll. ing questions for the record dem- The legislative clerk proceeded to Anybody impartial would have to have onstrate that he has commitments to call the roll. come away impressed by Dr. Esper’s mas- Mr. WICKER. Mr. President, I ask safety and to the protection of employ- tery, intelligence, and thoroughness. unanimous consent that the order for ees who report concerns and that that My colleagues in the Armed Services the quorum call be rescinded. is paramount, in his view. In fact, Mr. Committee also widely support Dr. The PRESIDING OFFICER. Without Dickson unequivocally stated in his Esper’s nomination, advancing his objection, it is so ordered. written responses that he was never nomination with an overwhelming bi- VOTE ON STEPHEN M. DICKSON named as a party to any judicial, ad- partisan vote. Mr. WICKER. Mr. President, in a few ministrative, or regulatory proceedings Across the Capitol, both the chair- moments, at 12 noon, the Senate will and was never accused of retaliation of man and ranking member of the House vote on a cloture motion for the nomi- any sort during his tenure at his Armed Services Committee support Dr. nation of Stephen M. Dickson to be Ad- former employer. Esper. They all support him. Chairman ministrator of the Federal Aviation I think the FAA, we all agree, should ADAM SMITH said that Dr. Esper is ‘‘ca- Administration. I rise in strong sup- be the gold standard in aviation safety. pable of executing the National De- port of that motion. I think it will pass I think Steve Dickson is the correct fense Strategy in a way that is insu- today. I will be supporting the nomina- person to be confirmed and sit at the lated from outside influence and polit- tion when it comes to a full vote on the helm of the FAA at this crucial time ical considerations. . . . The Depart- floor of the Senate sometime later. for the agency. The majority of the ment would benefit from his leader- As chair of the Committee on Com- committee believes that Mr. Dickson is ship.’’ That is my counterpart over in merce, Science, and Transportation, let an excellent nominee for this position the House. me report that we recently voted to re- and will bring the commitment, experi- Ranking Member MAC THORNBERRY port Mr. Dickson’s nomination favor- ence, and expertise necessary to lead said he has ‘‘done an outstanding job as ably out of the committee. I hope the the FAA and fulfill its mission. I am Secretary of the Army.’’ I agree with Senate will soon confirm this highly going to be urging my colleagues to Congressman THORNBERRY. qualified nominee. Steve Dickson was vote yes on the cloture motion and Under Dr. Esper’s leadership, we saw chosen for this important position then to swiftly confirm Mr. Dickson’s Army modernization leap forward by based on his strong qualifications, nomination. leaps and bounds. He managed the larg- which include almost 40 years of com- I yield the floor. est reorganization of the Army in 45 bined service in the U.S. Air Force and The PRESIDING OFFICER. The Sen- years, prioritizing research, develop- the commercial air transportation sec- ator from Oklahoma. ment, and innovation. He showed ac- tor. Mr. INHOFE. Mr. President, I ask countability to the taxpayers by being Mr. Dickson is a 1979 distinguished unanimous consent that I complete my responsible with his budget, making graduate of the Air Force Academy and remarks before we move to the vote to tough decisions, tough choices, stream- graduated magna cum laude from Geor- confirm our next Secretary of Defense. lining legacy programs, and directing gia State University College of Law in The PRESIDING OFFICER. Without defense dollars to critical future needs. 1999, where he earned his J.D. He served objection, it is so ordered. It is impressive, but being a good in the U.S. Air Force as an F–15 fighter NOMINATION OF MARK T. ESPER Army Secretary isn’t enough on its pilot, including assignments as a flight Mr. INHOFE. Mr. President, we are own. Secretary Mattis reminded us commander, instructor pilot, and flight in a great position that we are not very that civilian leaders in our military examiner. From 1991 until October of often in. We have someone who is en- must be more than their past accom- 2018, Mr. Dickson was employed by thusiastically supported by Repub- plishments. Mark Esper is more be- Delta Air Lines as a pilot and manage- licans, by Democrats, and he is obvi- cause he truly respects and honors his ment executive. He retired after rising ously the right person. He has the trust commitment to the men and women in through the ranks to become Delta’s of our President, he has the trust of uniform. I have seen this firsthand. senior vice president of flight oper- our military, and he has the trust of Back in April, I asked Dr. Esper to ations. Congress and the country to keep our join me on a visit to Fort Sill in my On May 15, the committee held a Nation safe. State of Oklahoma. What impressed me hearing to consider Mr. Dickson’s nom- Dr. Mark Esper is the right man for was how well he communicated with ination, and he clearly demonstrated the job. He is a great choice to lead the the troops in the field. He is one of the the experience and leadership abilities Pentagon, and I am proud to support troops out there, and you could see the necessary to lead the FAA. I don’t him. And I am not the only one. In love that he had for them. In Fort Sill, know if there was a single member of fact, I would like to take a moment to he even joined them—and I was there— the committee who failed to be im- share some of the bipartisan support for an Army combat fitness test work- pressed. we have for Dr. Esper from the defense out. He participated with the troops. After Mr. Dickson’s hearing, new in- experts, former officials, and my own He ate the MREs out in the field. Any- formation came to the committee’s at- colleagues. one who has been in the Army can tell

VerDate Sep 11 2014 02:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.013 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4993 you that you don’t often find people Capito Hirono Roberts and the Senator from Rhode Island Cardin Hoeven Romney who choose to do that, but Mark Esper Carper Hyde-Smith Rosen (Mr. WHITEHOUSE) are necessarily ab- did. Casey Inhofe Rounds sent. Dr. Esper deeply cares about the Cassidy Johnson Rubio The PRESIDING OFFICER. Are there troops, whether it is making sure that Collins Jones Sasse any other Senators in the Chamber de- Coons Kaine Schatz they have the weapons, equipment, and Cornyn Kennedy Schumer siring to vote? training they need to succeed in their Cortez Masto King Scott (FL) The yeas and nays resulted—yeas 52, missions or simply that they have Cotton Lankford Scott (SC) nays 45, as follows: Cramer Leahy Shaheen quality housing when they are on base. Crapo Lee Shelby [Rollcall Vote No. 221 Ex.] We moved quickly to consider Dr. Cruz Manchin Sinema YEAS—52 Esper’s nomination here on the floor, Daines McConnell Smith but that isn’t because we didn’t fulfill Duckworth McSally Stabenow Alexander Fischer Portman Durbin Menendez Sullivan Barrasso Gardner Risch our duty of advice and consent. We did. Enzi Moran Tester Blackburn Graham Roberts Dr. Esper testified for over 3 hours. Be- Ernst Murkowski Thune Blunt Grassley Romney tween his hearing and his followup Feinstein Murphy Tillis Boozman Hawley Rounds Fischer Murray Toomey Braun Hoeven Rubio questions for the record, he answered Gardner Paul Udall Burr Hyde-Smith approximately 600 questions. It is clear Sasse Graham Perdue Van Hollen Capito Inhofe Scott (FL) Cassidy Johnson that Dr. Esper has what it takes to Grassley Peters Warner Scott (SC) Hassan Portman Whitehouse Collins Kennedy lead the Department of Defense and Shelby Hawley Reed Wicker Cornyn Lankford Sullivan that most of my colleagues think so as Heinrich Risch Young Cotton Lee well. Cramer McConnell Thune NAYS—8 Crapo McSally Tillis He has served the Nation with honor Toomey and integrity, and I am certain that he Booker Klobuchar Warren Cruz Moran Gillibrand Markey Wyden Daines Murkowski Wicker is going to continue to do so when he is Harris Merkley Enzi Paul Young Ernst Perdue confirmed. NOT VOTING—2 I strongly request a strong vote to NAYS—45 confirm Dr. Mark Esper to be our next Isakson Sanders The nomination was confirmed. Baldwin Harris Peters Secretary of Defense. Bennet Hassan Reed With that, I yield the floor. The PRESIDING OFFICER. Under Blumenthal Heinrich Rosen the previous order, the motion to re- Booker Hirono Schatz f consider is considered made and laid Brown Jones Schumer upon the table. Cantwell Kaine Shaheen EXECUTIVE SESSION Cardin King Sinema The President will be immediately Carper Klobuchar Smith notified of the Senate’s action. Casey Leahy Stabenow f Coons Manchin Tester EXECUTIVE CALENDAR Cortez Masto Markey Udall CLOTURE MOTION Duckworth Menendez Van Hollen The PRESIDING OFFICER (Mr. Durbin Merkley Warner CRUZ). Under the previous order, the The PRESIDING OFFICER. Pursuant Feinstein Murphy Warren Senate will proceed to executive ses- to rule XXII, the Chair lays before the Gillibrand Murray Wyden sion and resume consideration of the Senate the pending cloture motion, NOT VOTING—3 following nomination, which the clerk which the clerk will state. Isakson Sanders Whitehouse will report. The senior assistant legislative clerk The PRESIDING OFFICER. On this The bill clerk read the nomination of read as follows: vote, the yeas are 52, the nays are 45. Mark T. Esper, of Virginia, to be Sec- CLOTURE MOTION The motion is agreed to. retary of Defense. We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the VOTE ON ESPER NOMINATION Standing Rules of the Senate, do hereby f The PRESIDING OFFICER. Under move to bring to a close debate on nomina- the previous order, the question is, Will tion of Stephen M. Dickson, of Georgia, to be the Senate advise and consent to the Administrator of the Federal Aviation Ad- EXECUTIVE CALENDAR Esper nomination? ministration for the term of five years. The PRESIDING OFFICER. The Mr. WICKER. I ask for the yeas and James M. Inhofe, John Hoeven, Mike clerk will report the nomination. nays. Rounds, Joni Ernst, Kevin Cramer, Pat Roberts, John Boozman, Mike Crapo, The senior assistant legislative clerk The PRESIDING OFFICER. Is there a Steve Daines, John Cornyn, James E. read the nomination of Stephen M. sufficient second? Risch, Roger F. Wicker, Richard Burr, Dickson, of Georgia, to be Adminis- There appears to be a sufficient sec- Thom Tillis, Roy Blunt, Shelley Moore trator of the Federal Aviation Admin- ond. Capito, Mitch McConnell. istration for the term of five years. The clerk will call the roll. The PRESIDING OFFICER. By unan- The bill clerk called the roll. imous consent, the mandatory quorum f Mr. THUNE. The following Senator is call has been waived. necessarily absent: the Senator from The question is, Is it the sense of the LEGISLATIVE SESSION Georgia (Mr. ISAKSON). Senate that debate on the nomination Further, if present and voting, the of Stephen M. Dickson, of Georgia, to The PRESIDING OFFICER. Under Senator from Georgia (Mr. ISAKSON) be Administrator of the Federal Avia- the previous order, the Senate will re- would have voted ‘‘yea’’. tion Administration for the term of sume legislative session. Mr. DURBIN. I announce that the five years, shall be brought to a close? The Senator from Maine. Senator from Vermont (Mr. SANDERS) The yeas and nays are mandatory is necessarily absent. under the rule. f The PRESIDING OFFICER. Are there The clerk will call the roll. any other Senators in the Chamber de- The senior assistant legislative clerk RECESS siring to vote? called the roll. The result was announced—yeas 90, Mr. THUNE. The following Senator is Ms. COLLINS. Mr. President, I ask nays 8, as follows: necessarily absent: the Senator from unanimous consent that the Senate stand in recess until 2 p.m. for the [Rollcall Vote No. 220 Ex.] Georgia (Mr. ISAKSON). Further, if present and voting, the weekly conference meetings. YEAS—90 Senator from Georgia (Mr. ISAKSON) There being no objection, the Senate, Alexander Blackburn Braun would have voted ‘‘yea.’’ at 1:04 p.m., recessed until 2 p.m. and Baldwin Blumenthal Brown Barrasso Blunt Burr Mr. DURBIN. I announce that the reassembled when called to order by Bennet Boozman Cantwell Senator from Vermont (Mr. SANDERS) the Presiding Officer (Mrs. CAPITO).

VerDate Sep 11 2014 02:58 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.015 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4994 CONGRESSIONAL RECORD — SENATE July 23, 2019 NEVER FORGET THE HEROES: Law enforcement officers and fire- fund in question has $2 billion in it, JAMES ZADROGA, RAY PFEIFER, fighters from across the Nation, includ- and no one is being denied medical AND LUIS ALVAREZ PERMANENT ing the West Metro Fire Rescue in Col- care. AUTHORIZATION OF THE SEP- orado, home of Colorado Task Force 1, So let’s have an honest debate. Let’s TEMBER 11TH VICTIM COM- have been tireless advocates for this ef- have an honest debate about whether it PENSATION FUND ACT—Continued fort. Every State has people who served matters to this country whether we are The PRESIDING OFFICER. The Sen- in one capacity or another during the $2 billion in debt, and whether or not, ator from Colorado is recognized. rescue and recovery operations of Sep- when we have new spending programs— Mr. GARDNER. Madam President, tember 11. no matter how charitable, no matter this afternoon the Senate will vote on West Metro Fire District chief Steve how needed—whether or not we are permanent reauthorization of the Sep- Aseltine was one of 64 Coloradans with going to pay for them by reducing tember 11th Victim Compensation Colorado Task Force 1 who partici- spending in wasteful programs. Fund. I am proud to lead this legisla- pated, as he said, searching through It is perhaps a historical anomaly tion with Senator GILLIBRAND, and I the rubble piles. Steve said: No one that this bill appropriates unlimited thank all of the incredible first re- should be at risk of standing up and funds for a virtually unlimited time pe- sponders for their efforts to make this worrying, when this country needs riod. day happen and, day in and day out, to them the most, whether the American What would you think if someone get this legislation to where it is Government has their back. came to you, they had a good cause, today. If passed today, without amend- and they said: You know, my neigh- This critical legislation would fully ments, the legislation will head bors’ house has burnt down, and I want fund the September 11th Victim Com- straight to the President’s desk for his to help them, and I want to give them pensation Fund and ensure that all signature. So I urge my colleagues unlimited money for an unlimited pe- those exposed to toxins and impacted today not to forget, to pass a clean bill, riod of time? by 9/11-related illnesses are thoroughly and to join me in opposing both amend- That wouldn’t be wise. No one would compensated, both now and as condi- ments, and to stand with all of our first do that. So why do we, in our hysteria, tions are diagnosed in the future. responders and heroes from that tragic throw out all common sense and say Solving this problem is urgent as day for this bill’s final passage and ul- that we are going to approach this as if more and more people become sick— timate enactment. we don’t have a problem? people like Luis Alvarez, who came to I urge this Chamber to support those We have this enormous problem in Washington, DC, just a few months who have given so much to this coun- our country. We are borrowing over $1 ago, postponing chemotherapy treat- try. million a minute. My amendment ment to advocate for his fellow heroes. I yield the floor. today is to offer to pay for the $10 bil- Luis is not here to watch from the Gal- The PRESIDING OFFICER. The Sen- lion in the first 10 years. Realize that lery today. He is watching from above. ator from Kentucky. this bill as written is not a 10-year bill. As we celebrate this vote today, we Mr. PAUL. Madam President, today I It is a 72-year bill. It goes to the year celebrate the lives of people like Luis will offer an amendment to pay for the 2092. To my knowledge, we have never, Alvarez. spending in this bill. This is not some- ever had a bill that was unlimited in The Never Forget the Heroes: James thing unusual. I do this day in and day Zadroga, Ray Pfeifer, and Luis Alvarez the dollar amount and unlimited in the out. It has been part of the reason I ran Permanent Authorization of the Sep- time period. Mine would be to pay for for office—that we shouldn’t add more tember 11th Victim Compensation the first 10 years of this. The pay would debt to our country without trying to Fund Act is named in honor of these come by reducing mandatory spending three first responders who lost their pay for it by maybe reducing spending by 0.06 percent. That is 6/100th of 1 per- lives to 9/11-related illnesses. Today, from wasteful spending. cent of other mandatory spending. In the last week or so, we have seen the Senate has an opportunity to honor At the same time, we would exempt these three and so many others we a manufactured crisis. Rarely has there Medicare, Social Security, and Vet- have lost who never stopped fighting been a manufactured crisis so intense— erans Affairs from cuts. We would ex- for 9/11 first responders and the country a fake furor instigated by partisans empt the vast bulk of mandatory they loved by voting yes on this crit- more concerned with scoring points spending, but we would still say: If this ical legislation. than telling the truth. But, for some of is a wise expenditure of money, if we I have shared with many of my col- us, the truth is still important. need more money for this fund, we leagues that I never had the privilege The mob and demagogues in this would simply take it from something of going to New York City before Sep- body accuse me of holding up this bill that is less pressing. tember 11, 2001, but I will never forget for political points. They obviously No matter how good a cause may be, my first visit after September 11, 2001. don’t know much about politics, be- it makes no sense to borrow from It was just a few weeks after the at- cause there certainly hasn’t been any China to pay for our immediate con- tack had happened. I will never forget political gain by my holding this bill cerns. Spending someone else’s money the smell. I will never forget the smoke for debate and amendment. But I think is not charity. Spending borrowed coming out of the debris piles. I will it is important we do this, rather than money is just not wise or sound gov- never forget the silent firetrucks— rush through and everybody says: No ernance. their lights on but no siren—as they questions asked, please. It sounds a lit- Being a legislator should be about delivered even more heroes to the re- tle more like an authoritarian atmos- making choices, about deciding prior- covery efforts at Ground Zero. I will phere than it would be a democracy, to ities. never forget the fierce dedication of actually have debate, discussion, and For example, which is more impor- the men and women who came when amendments. That is all we have asked tant—spending $275 million teaching they were called, watching the for. foreign countries how to apply for U.S. firetrucks with their flags heading to In fact, last week when we were foreign aid and teaching foreign coun- continue the work that by then had be- granted the amendments, we said to tries how to get our money and how to come so emblazoned in people’s minds the other side: Let’s have the vote— fill out the grant process? Is that more across this country. last week. And all of those who were in important than the spending in this The work they did in those days, such a furor, all those who were so bill? We will never know because the those weeks, and those months wasn’t hysterical that the world was ending people who promote this bill aren’t just for those in Manhattan who suf- said: Oh, we cannot vote on it—it was willing to cut any spending. They are fered an incredible loss. The work they not convenient last week—because not going to look at waste. carried forward for our country became some of our Democrat Members have We wonder why we have waste run symbols of our security, symbols of our already gone home for the weekend. So from top to bottom in our government? freedoms, symbols of this country’s when the mob was told last week they Because no one is willing, even for a willingness, determination, effort, and could have the vote, they said no. It is good cause, to say: Why don’t we cut tenacity to fight back. a manufactured crisis. As of today, the out some of this waste? Why don’t we

VerDate Sep 11 2014 02:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.020 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4995 quit spending money teaching for- the previous year. The tax cut didn’t from somewhere else where it is not as eigners how to apply to get more of our add to the deficit. The deficit went up much needed and where it is being money? because we continue to spend money wasted. To pay for more pressing concerns, and we actually added more spending. I did it 3 months ago for the hurri- shouldn’t someone ask whether it is The curve of spending increases actu- cane disaster relief. Every bit of new wise to spend $300,000 studying whether ally rose faster than the revenue com- spending—it doesn’t matter whether it Japanese quail are more sexually pro- ing in. is a good cause, bad cause, or an in-be- miscuous on cocaine? That is your When the tax cut happened, I offered tween cause, we need to not keep add- money. So when somebody is being an amendment to cut spending to pay ing to the debt. This is a problem. We asked for a good cause, ask why we for it. This is a fact. The leftwing mob borrow over $1 million—close to $2 mil- couldn’t eliminate money we are and all of their buddies in the media lion every minute. This is a problem spending on awful things that should can do and say whatever they want. It for our country. We are eroding the never have been wasted in the Federal is a free country, but it is an absolute foundation of this country with so Government. out-and-out lie that Republicans who much debt—$22 trillion in debt. To pay for more pressing concerns, voted for this tax cut also were not The tax cut was passed under the shouldn’t someone ask why we con- concerned with spending. I, for one pay-go rules. I voted not to suspend the tinue to spend $50 billion a year build- was, and I offered an amendment to cut pay-go rules. I voted to actually have ing bridges and roads and hotels and spending. spending cuts to offset any increase in gas stations in Afghanistan? Perhaps The tax cut also was passed under a the deficit from the tax cut. that money could be better spent here law we have had on the books for some The establishment of both parties at home. time. It is called the pay-go law. This moved to waive this pay-go require- The debate today is not over the is a law that should be working even on ment. I forced a vote, and only eight spending of the money. It is over, when a bill like this current bill. But we ex- Senators voted, which shows you where we do spend money—even for a good empt ourselves from it all the time. the real problem is. Why does the def- cause—whether or not we should cut The current bill actually exempts the icit go up so much? There is not one corresponding money that we are wast- pay-go rules: If you increase spending Democrat in Congress who cares a flip ing around the world, much of it not by $10 billion, you have to decrease it about the deficit. Not one Democrat in helping American citizens and much of by $10 billion somewhere else. Congress will lift a finger to refrain it going to foreign countries and for- It has been on the books for a long from government spending. Therefore, eign people. time, but like everything else Congress everything—you name it, they are for To pay for more pressing concerns, does, they try to bring in rules to say: it. shouldn’t someone ask why we had a Do you know what? We are going to try The problem is, Republicans aren’t so study last year that spent $2 million to control the debt and spending by good on this either. There are only a seeking to know the question: If some- forcing ourselves, when we come up handful of Republicans who actually one in front of you in the cafeteria line with some new spending of $10 billion, care about the debt, and many of them sneezes on the food, are you more or that we will have to come up with will vote consistently to raise the debt less likely to pick up the food and eat something to cut to pay for it. limit and vote to add new debt. it? What happens is, Congress just Today’s vote, though, is but a prelude Seriously, this is where your tax dol- waives the rules. It is not that we don’t of next week’s vote. This is the pre- lars are going. If we have a better have rules that should help with the liminary. This is the introduction to cause, and we want to fund this fund budget; we have hundreds of rules. The our problem in our country, over $10 we are talking about today, couldn’t pay-go rule is a good rule, but it gets billion. Next week, it is the enormity we say we will not spend $2 million ignored. We passed the tax cut. If the of the entire budget. Next week, both next year studying whether, if someone projections were that the deficit was parties—and watch this closely. People sneezes on your food, you are more or going to go up, guess what, the pay-go say: Oh, Republicans can’t get along less likely to take the food? rules would say there has to be auto- with Democrats. Guess what. They get Shouldn’t we be forced as a Congress matic spending cuts across the board. along just swell when it comes to to make decisions, instead of just say- This is something I support. spending money and adding to the ing: Well, it is a good cause. So, there- So what happened? About a month debt. fore, we should not use our brain. We after the tax cut, a big spending bill This bill will pass overwhelmingly should put on blinders. We shouldn’t comes through here. Both parties are today without any concern for the debt think about it, and we should just say: guilty, Republicans and Democrats. or paying for it. Next week will be even Well, it is a good cause so let’s just They love to spend money more than worse. We have something called the borrow the money from China. anything else. A big spending bill debt ceiling. Every time we spend more Do you think that helps us as a coun- comes through, and guess what. They money that comes in, in taxes, it ap- try? Isn’t part of legislating trying to waive the rule on pay-go. proaches a debt ceiling, and the debt prioritize spending, not just adding to At that time, I also brought up an ceiling says you can’t borrow any more the debt? amendment that said: Hey, you guys money. So conservatives say: Well, we The leftwing mob maintains that Re- shouldn’t waive the pay-go rule. If the should reform our ways and quit giving publicans have lost the moral high tax cut causes the debt to go up, we away money to Afghanistan and Mex- ground and can’t talk about debt any- should cut spending across board. ico and all these different countries. more because we supported a tax cut. Let’s be very clear around here. We should have reform involved with Poppycock. This is misinformation. There are those of us who have been raising the debt ceiling. This is fake news. This is plainly peo- consistent from day one that the debt What is going to come about next ple just not paying any attention to does matter. There is no particular ani- week is no debt ceiling for 2 years, what goes on around here. mus toward this bill. In the last year, until after the next Presidential elec- During the tax cut, which I sup- I have done this probably a half dozen tion. It is a terrible idea. It is fiscal in- ported, I offered cuts to mandatory times. In the last 2 years, I have prob- sanity. They also will vote to forever spending to pay for the tax cut. The ably done it two dozen times. That get rid of the sequester caps. media seems to have forgotten this. means every spending bill. In 2011, amongst the tea party move- But I forced a vote on the floor to say: A month ago, it was spending for the ment, when more people became con- Yes, we may be cutting taxes and, if it border. I support money to be spent on cerned about the deficit spending, we affects the deficit, we should pay for it. the border, but I don’t support doing it actually came in and had a reform. For Interestingly, though, the leftwing if it adds to the deficit. the first time, we didn’t cut spending; mob doesn’t want to admit that when The amendment I have today is iden- we slowed down the rate of growth of we actually cut tax rates, we actually tical to the amendment I had a month spending. In doing so, the deficit was got more money. The revenue coming ago, saying: Border spending, even if narrowing. For a couple of years, we in last year was actually greater than you want to do it, we should cut money were doing better. Then what happened

VerDate Sep 11 2014 02:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.021 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4996 CONGRESSIONAL RECORD — SENATE July 23, 2019 was basically both parties once again (b) SEQUESTRATION ORDERS.— wealthiest of Americans but demanded came together. The Republicans said: (1) IN GENERAL.—For fiscal year 2020, as offsets for these folks who had served We want to be in every war overseas we soon as is practicable after the date of enact- us, like our soldiers have served us, can possibly get involved in, and we ment of this Act, and on the dates the Office like our armed services. of Management and Budget issues its seques- Thank God those excuses, those want to have more money spent on the tration preview reports for each of fiscal military. years 2021 through 2025, pursuant to section delays end today for good, and our first The liberals said: We need more 254(c) of the Balanced Budget and Emergency responders can go home and do what money for welfare. Deficit Control Act of 1985 (2 U.S.C. 904(c)), they want to do—tend to their own Guess what. They are not at odds. the President shall order a sequestration, ef- health, their families’ health, the You scratch my back; I will scratch fective upon issuance, that reduces all non- health of their brothers and sisters who yours. exempt direct spending by the uniform per- were suffering and ailing, and tend to The Republicans and Democrats centage necessary to reduce the total the families who have lost loved ones agree on one thing: Spending money is amount of nonexempt direct spending for but are still part of their families. the most important thing they can do. such fiscal year by $2,036,000,000. The 9/11 health program is already (2) IMPLEMENTATION.—When implementing permanent. Soon we will make the Vic- The deficit doesn’t matter. the sequestration of nonexempt direct spend- So when we come back, when we ad- ing under paragraph (1), the Office of Man- tim Compensation Fund virtually per- dress this issue next week, what we are agement and Budget— manent as well, and the twilight strug- going to find is they are going to ex- (A) shall follow the procedures specified in gle of nearly two decades to get these plode the debt ceiling. There will be no section 6 of the Statutory Pay-As-You-Go brave men and women what they de- limits on the debt ceiling for 2 years, Act of 2010 (2 U.S.C. 935) and the special rules serve will be, hopefully and finally, and they are getting rid of all pretense specified in section 256 of the Balanced Budg- complete. of having any spending caps. et and Emergency Deficit Control Act of 1985 Once we defeat the few amendments A majority of Republicans, unfortu- (2 U.S.C. 906); and before us—amendments that will delay (B) shall not follow the exemptions speci- the bill further, if not kill it—we nately, will even vote to get rid of the fied in section 255 of the Balanced Budget budget caps and to eliminate the debt and Emergency Deficit Control Act of 1985 (2 should pass this bill overwhelmingly so ceiling for 2 years. This is sad. U.S.C. 905). we can send the first responders—those here and everywhere—home where they Today, though, the Senate has a The PRESIDING OFFICER. The belong, with their family and their chance to vote to pay for this $10 bil- Democratic leader. lion bill with very modest reductions Mr. SCHUMER. Madam President, I friends. These are the same soldiers of valor in mandatory spending—reductions am speaking on the bill as well as the who have selflessly risked their lives in that actually exempt Medicare, Social amendments. In a short time, the Sen- our wars and conflicts overseas. There Security, and Veterans Affairs. ate will vote on and pass a permanent was a war right in the city I love, and Americans, particularly conserv- reauthorization of the 9/11 Victim Com- atives, need to sit up and watch closely these were our bravest soldiers. They pensation Fund. rushed to the Towers. Maybe some peo- how their Senators vote, for today’s In my short time on the floor, I can’t ple were alive. Maybe there were peo- vote is about whether your representa- do justice to the years upon years of ple who could be saved. We didn’t know tive really cares at all about the dis- work by the first responders, by labor that then. We saw families holding aster that is our $22 trillion debt. leaders, by advocates that led to this AMENDMENT NO. 929 signs: Have you seen my sister Mary? moment. Suffice it to say, this is not a Have you seen my son Jim? These peo- Madam President, I call up my day of joy for them or for this bill’s au- amendment No. 929 and ask that it be ple rushed to the Towers to see if the thors; rather, it is a day of relief. Jim or Mary or the others were alive reported by number. For 18 years, those first responders, The PRESIDING OFFICER. The and didn’t ask about themselves. some of whom are in the Gallery, have Now we are asking America to stand clerk will report the amendment. watched their brothers and sisters get by them, every American, every Sen- The senior assistant legislative clerk sick because they rushed bravely to the read as follows: ator—Democrat, Republican, liberal, Towers at Ground Zero. At first, they conservative—that shouldn’t matter on The Senator from Kentucky [Mr. PAUL] were told by the government the air an issue like this. proposes an amendment numbered 929. was safe. We are now at the very end of a long The amendment is as follows: It was not safe. We began hearing of struggle. The struggle may end for the (Purpose: To require a sequestration of cancers that people never got when people in this Chamber, including those certain direct spending) they were 38 or 40 or 42 occurring all of of us, like Senator GILLIBRAND and my- At the end, add the following: a sudden in firefighters, in police offi- self, who worked so hard through the SEC. 5. SEQUESTRATION. cers, and they only had one thing in years for this legislation. The struggle (a) DEFINITIONS.—In this section— common: They had all rushed to the does not end for those who are sick or (1) the terms ‘‘direct spending’’ and ‘‘se- Towers. questration’’ have the meanings given such who may get sick and for their fami- They had to persuade people this was lies. At least we are giving them some terms in section 250(c) of the Balanced Budg- real because they saw their brothers et and Emergency Deficit Control Act of 1985 degree of help because they gave us so (2 U.S.C. 900(c)); and and sisters dying. Then, they endured much help on that horrible day, 9/11, (2) the term ‘‘nonexempt direct spending’’ folks telling them they were crazy for and those that ensued just afterward. means all direct spending except— thinking they had sicknesses they suf- Let’s pass this bill once and for all. (A) direct spending for benefits payable fered that had anything to do with 9/11. Let’s do our duty to them, to America, under the old-age, survivors, and disability They were not crazy, and the people and to our ideals. insurance program established under title II who told them they were, shame on I yield the floor. of the Social Security Act (42 U.S.C. 401 et them, including government agencies The PRESIDING OFFICER. The Sen- seq.); and others. Then, once it was con- (B) direct spending for the Medicare pro- ator from New York. gram under title XVIII of the Social Secu- firmed beyond a shadow of a doubt that Mrs. GILLIBRAND. Madam Presi- rity Act (42 U.S.C. 1395 et seq.); these cancers and respiratory illnesses dent, I rise to join my colleagues in (C) direct spending for net interest (all of were linked to the toxic dust and ash speaking about our 9/11 heroes. I thank major functional category 900); around the pile, it became an exhaust- Senator SCHUMER for his extraordinary (D) direct spending for any program admin- ing struggle to get Congress to provide leadership, his unwavering support, his istered by the Department of Veterans Af- the care they needed but they couldn’t dedication to taking this across the fairs; afford. finish line, and his unbelievable will- (E) direct spending for Special Benefits for There were numerous false dawns and ingness to lift up the voices of people Certain World War II Veterans (28–0401–0–1– delays, temporary reauthorizations. We 701); and who were not being listened to. Thank (F) direct spending for the child nutrition were forced to wait and wait, ‘‘com- you to Senator SCHUMER. program (as defined in section 25(b) of the promise’’ with people’s lives. Excuse I want to first note that while we are Richard B. Russell National School Lunch after excuse. Some Senators voted debating this bill, there is a wake hap- Act (42 U.S.C. 1769f(b)). proudly for tax cuts, unpaid for, to the pening on Staten Island right now for

VerDate Sep 11 2014 02:58 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.022 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4997 Detective Christopher Cranston. A fa- by our first responders. I also urge also identifying how much it is that we ther of 5, he was only 48 years old, but every colleague of mine to reject the are spending. he will be buried on Thursday because amendments that are being put for- In 2011, the 9/11 Victim Compensation of the months of work he did on the ward. Fund has always had finite authoriza- pile at Ground Zero at Fresh Kills First is the amendment from my col- tions, and it has always had an abso- Landfill. He spent his 20th anniversary league from Utah. Unfortunately, this lutely excellent, outstanding record of just a few weeks ago in chemotherapy. amendment would accomplish only one avoiding waste, fraud, and abuse. The 9/ The eyes of the Nation are looking at thing. It would make these first re- 11 survivors and responders deserve no this Chamber today to see if we finally sponders have to go through this entire less going forward. will stand by our 9/11 heroes for the process again in just a few years. It That is why I am offering a simple rest of their lives. In a few minutes, he- would force sick and dying police offi- amendment to this bill, one that would roes such as James Zadroga, Ray cers, firefighters, and other 9/11 first authorize $10.2 billion in additional Pfeifer, and Lou Alvarez will have their responders to waste even more of their funding for the 9/11 Victim Compensa- names etched into the history books precious time coming here, away from tion Fund over the next 10 years. To be forever, which is where they belong. their families, away from their loved clear, that is the full amount that the Their families are in the Gallery ones, away from their cancer treat- Congressional Budget Office has esti- today—here again, walking the halls of ments, away from their last moments mated is necessary for covering all claims through 2029. this Chamber and this Congress to be in their homes and communities, trav- My amendment wouldn’t end there. heard, here again to ask one more time eling back and forth to Washington and It would go further to authorize an ad- that this body do what is right: to lobbying Congress to pass the bill for ditional $10 billion to be paid out in stand by them in their gravest time of the fourth time. Do not fall into this subsequent decades. It will not block or need. Their families are here today to trap. delay this bill’s consideration, let watch whether this Chamber will do Our 9/11 heroes deserve this program alone its passage, nor does it have as what is right. They are standing here as it is written in the bill, without its intended effect any kind of down- with so many others in the 9/11 commu- these amendments, which will only grading of the benefits we would be nity who have fought so hard to de- force them to have to come back here paying. But it would make sure that mand that Congress do the right thing. again and again. Stand up for our he- the money gets to the victims and the Let’s honor their service today. Let’s roes. End the games. Let’s reject this first responders who need it most—to actually honor their commitment to amendment, pass the bill, and let our the intended beneficiaries—rather than coming here time and time again, not heroes go home and live in peace, remaining vulnerable to the kinds of for themselves but for their brothers where they can breathe and finally ex- waste, fraud, and abuse that come and sisters who are sick, who are still hale. about whenever we authorize some- dying all across this country. Seven I yield the floor to my colleague from thing until 2092 with ‘‘such sums’’ lan- are dying a week. Let’s honor the ulti- Utah. guage. This isn’t the way we normally mate sacrifice they paid for responding The PRESIDING OFFICER. All time do things. to the call of duty when the Nation is expired. My distinguished colleague and needed them most. Responders came The Senator from Utah. friend from New York has made the from every State across this country. Mr. LEE. Madam President, I ask comment that if this amendment were Last week, we lost Richard Driscoll, unanimous consent to deliver my re- to pass, it would somehow make the the 200th FDNY firefighter to succumb marks and delay the onset of the votes victims of 9/11 come back again and to a 9/11 illness. More police officers until after my remarks have been com- again and go through this process over have died since 9/11 than on 9/11. More pleted. and over again. I don’t see that. Those than 10,000 people have been certified The PRESIDING OFFICER. Without facts are not borne out by the record, with a 9/11-related cancer, with more objection, it is so ordered. which, again, indicates that the Con- being diagnosed every day. More will Mr. LEE. Madam President, for many gressional Budget Office itself has ac- get sick. More will die. Some of them years, the September 11th Victim Com- knowledged that the amount of money will not be diagnosed for years. That pensation Fund has compensated the I would be setting aside would be suffi- includes responders, and it includes the brave men and women who responded cient to fund this program. residents, teachers, and students who to the horrific events of 9/11. It has This is how we make government stayed downtown because the govern- been a worthy use of money. programs work: We fund things for a ment told them the air was safe. They Of the $7.4 billion authorized for the period of time and for an amount of told them it was safe to breathe, even fund since 2011, however, $25.4 billion money that we believe is sufficient. though it was not. has already been paid out. Since Feb- This would do that. For that reason, I This bill will not change any of that, ruary of this year, money has gotten am proposing this amendment. but we can finally let the people in the tight and claimants’ benefits have had AMENDMENT NO. 928 Gallery, who are sitting here watching to be reduced. I believe it is only right I, therefore, call up my amendment us today and witnessing this, go home for Congress to authorize and replenish No. 928 and ask that it be reported by knowing that the government will the fund so that we can make those number. truly never forget. We owe them that beneficiaries whole. The PRESIDING OFFICER. The promise. Today, we have the oppor- But the bill before us today has a pe- clerk will report the amendment. tunity to let them get back to their culiar feature, one that I believe re- The senior assistant legislative clerk lives, to be with their families, and to quires our attention. The bill author- read as follows: exhale. They at least deserve that. izes the program for 72 years and does The Senator from Utah [Mr. LEE] proposes I thank Senator GARDNER for his not specify a dollar amount. If you an amendment numbered 928. leadership on this bill. I thank Senator look to page 2 of the bill, lines 8 The amendment is as follows: MCCONNELL for staying true to his through 10, it makes clear that this (Purpose: To limit the amount available for commitment. As I said earlier, I thank program is funded through 2092 and the Victims Compensation Fund) Senator SCHUMER for being a tremen- funded to the tune of ‘‘such sums as Strike paragraph (1) of section 2(a) and in- dous advocate, leader, and partner who may be necessary.’’ In other words, sert the following: never, ever, gave up. And I thank every without any finite authorization, it of- (1) in subsection (c), by striking ‘‘$4,600,000,000’’ and all that follows through single person who has spent their time fers no way to ensure that the money ‘‘expended’’ and inserting ‘‘$10,180,000,000 for and energy coming here again and actually gets to its intended bene- the period of fiscal years 2019 through 2029, again over these many years to advo- ficiaries and is not lost in government and $10,000,000,000 for the period of fiscal cate for this bill and for their brothers bureaucracy or misuse. years 2030 through 2092, to remain available and sisters. That is, in fact, how we make sure until expended’’; and I ask every Senator to have empa- that government programs get to VOTE ON AMENDMENT NO. 928 thy—just that bit of care for someone where they need to go, by specifying The PRESIDING OFFICER. Under else—to vote yes on this bill and stand not only the purpose of the fund but the previous order, the question is on

VerDate Sep 11 2014 02:18 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.023 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S4998 CONGRESSIONAL RECORD — SENATE July 23, 2019 agreeing to the underlying amendment There appears to be a sufficient sec- are representing people in all 50 States No. 928. ond. and that the Senate will live up to the Mr. LEE. I ask for the yeas and nays. The clerk will call the roll. words it has said over and over again, The PRESIDING OFFICER. Is there a The senior assistant bill clerk called ‘‘never forget’’—that we will never for- sufficient second? the roll. get our 9/11 heroes and that we will There appears to be a sufficient sec- Mr. THUNE. The following Senator is never stop helping them when they are ond. necessarily absent: the Senator from in need. The clerk will call the roll. Georgia (Mr. ISAKSON). The PRESIDING OFFICER. The Sen- The senior assistant legislative clerk The PRESIDING OFFICER. Are there ator’s time is expired. called the roll. any other Senators in the Chamber de- Mr. THUNE. The following Senators siring to vote? Mrs. GILLIBRAND. We will pass this are necessarily absent: the Senator The result was announced—yeas 22, bill for them, once and for all, so they from North Carolina (Mr. BURR) and nays 77, as follows: can get back home where they belong. the Senator from Georgia (Mr. ISAK- [Rollcall Vote No. 223 Leg.] I yield the floor. YEAS—22 SON). The PRESIDING OFFICER. The The PRESIDING OFFICER (Mrs. Barrasso Grassley Romney clerk will read the bill by title for the Blackburn Hyde-Smith Sasse BLACKBURN). Are there any other Sen- third time. ators in the Chamber desiring to vote? Braun Inhofe Scott (SC) Cassidy Kennedy Thune The bill was ordered to a third read- The result was announced—yeas 32, Crapo Lankford Toomey ing and was read the third time. nays 66, as follows: Cruz Lee Wicker [Rollcall Vote No. 222 Leg.] Daines Paul The PRESIDING OFFICER. The bill Enzi Risch YEAS—32 having been read the third time, the NAYS—77 Barrasso Hyde-Smith Rubio question is, Shall the bill pass? Blackburn Inhofe Sasse Alexander Gillibrand Portman Mr. RISCH. Madam President, I ask Baldwin Graham Reed Blunt Johnson Scott (FL) for the yeas and nays. Braun Kennedy Scott (SC) Bennet Harris Roberts Cassidy Lankford Shelby Blumenthal Hassan Rosen The PRESIDING OFFICER. Is there a Blunt Hawley Crapo Lee Sullivan Rounds Booker Heinrich sufficient second? Cruz Paul Tillis Rubio Boozman Hirono Daines Perdue Toomey Sanders There is a sufficient second. Enzi Risch Brown Hoeven Wicker Schatz Fischer Romney Burr Johnson The clerk will call the roll. Young Schumer Grassley Rounds Cantwell Jones Scott (FL) The legislative clerk called the roll. Capito Kaine Shaheen NAYS—66 Cardin King Shelby Mr. THUNE. The following Senator is Carper Klobuchar Alexander Gardner Murphy Sinema necessarily absent: the Senator from Casey Leahy Baldwin Gillibrand Murray Smith Georgia (Mr. ISAKSON). Bennet Graham Peters Collins Manchin Coons Markey Stabenow Blumenthal Harris Portman Sullivan (Disturbance in the Visitors’ Gal- Booker Hassan Reed Cornyn McConnell Tester leries.) Boozman Hawley Roberts Cortez Masto McSally Tillis Brown Heinrich Rosen Cotton Menendez The PRESIDING OFFICER. Expres- Udall Cantwell Hirono Sanders Cramer Merkley sion of approval is not permitted in the Duckworth Moran Van Hollen Capito Hoeven Schatz Galleries. Cardin Jones Schumer Durbin Murkowski Warner Carper Kaine Shaheen Ernst Murphy Warren The result was announced—yeas 97, Whitehouse Casey King Sinema Feinstein Murray nays 2, as follows: Collins Klobuchar Smith Fischer Perdue Wyden Coons Leahy Stabenow Gardner Peters Young [Rollcall Vote No. 224 Leg.] Cornyn Manchin Tester NOT VOTING—1 Cortez Masto Markey Thune YEAS—97 Isakson Cotton McConnell Udall Alexander Gardner Reed Cramer McSally Van Hollen The PRESIDING OFFICER. On this Baldwin Gillibrand Risch Duckworth Menendez Warner Barrasso Graham Roberts Durbin Merkley Warren vote, the yeas are 22, the nays are 77. Under the previous order requiring 60 Bennet Grassley Romney Ernst Moran Whitehouse Blackburn Harris Feinstein Murkowski Wyden votes for the adoption of this amend- Rosen Blumenthal Hassan Rounds NOT VOTING—2 ment, the amendment is not agreed to. Blunt Hawley Rubio The amendment (No. 929) was re- Booker Heinrich Sanders Burr Isakson Boozman Hirono jected. Sasse Braun Hoeven The PRESIDING OFFICER. On this Schatz The PRESIDING OFFICER. The Sen- Brown Hyde-Smith vote, the yeas are 32 and the nays are ator from New York. Burr Inhofe Schumer 66. Mrs. GILLIBRAND. Madam Presi- Cantwell Johnson Scott (FL) Under the previous order requiring 60 dent, I ask unanimous consent to speak Capito Jones Scott (SC) votes for the adoption of the amend- Cardin Kaine Shaheen for 1 minute. Carper Kennedy Shelby ment, the amendment is not agreed to. The PRESIDING OFFICER. Without Casey King Sinema The amendment (No. 928) was re- objection, it is so ordered. Cassidy Klobuchar Smith jected. Mrs. GILLIBRAND. Madam Presi- Collins Lankford Stabenow Coons Leahy Sullivan VOTE ON AMENDMENT NO. 929 dent, after this vote, the people in the Cornyn Manchin Tester The PRESIDING OFFICER. Under Gallery above us, these brave men and Cortez Masto Markey Thune the previous order, the question occurs women who have suffered unbelievably, Cotton McConnell Tillis on amendment No. 929 offered by the will not have to come here again. Cramer McSally Toomey Crapo Menendez Senator from Kentucky, Mr. PAUL. This should never have been a fight. Udall Cruz Merkley Van Hollen It should never have taken this long to Daines The Senator from South Dakota. Moran Warner Duckworth Murkowski Mr. THUNE. Madam President, I pass this bill and make it permanent. Warren Durbin Murphy would ask unanimous consent that the It should never have been a question. Whitehouse Enzi Murray next two votes be 10 minutes in length. But now, finally, we have the chance to Ernst Perdue Wicker The PRESIDING OFFICER. Is there get this job done for our 9/11 heroes Feinstein Peters Wyden objection? once and for all—our firefighters, our Fischer Portman Young Without objection, it is so ordered. police officers, our EMTs, our construc- NAYS—2 The question is on agreeing to the tion workers, our survivors, our fami- Paul amendment. lies who stayed in their homes at Lee Paul Mr. GARDNER. I ask for the yeas Ground Zero because EPA told them NOT VOTING—1 and nays. the air was safe. Isakson The PRESIDING OFFICER. Is there a This bill is a signal from our Nation, sufficient second? from this body, from Congress, that we The bill (H.R. 1327) was passed.

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.025 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S4999 EXECUTIVE SESSION all the folks who buy private insurance just not realistic. We don’t debate any- on their own, who can finally afford it thing on this floor any longer. We don’t because we don’t discriminate against have the muscle to pass minor pieces of EXECUTIVE CALENDAR you if you are poor. People didn’t want legislation like this body used to do 20 The PRESIDING OFFICER. The Sen- that taken away from them, so they years ago, never mind a reordering and ate will resume executive session for rose up all across the country, and reconstruction of one-sixth of the the consideration of the unfinished Congress listened. By the skin of our American economy, which is what the business. teeth, we voted down legislation to re- healthcare system represents. The Senator from Connecticut. peal the Affordable Care Act. Republicans need to start making a HEALTHCARE Because opponents of the Affordable decision. Do you support this lawsuit Mr. MURPHY. Madam President, I Care Act—in particular, this President or do you not? If you do support it, you congratulate all of those responsible and Republicans who don’t like it— can’t just say ‘‘Well, you know, if ev- for the passage of this long-overdue couldn’t get the job done in the peo- erybody loses insurance and rates go legislation. I thank my colleagues on ple’s branch, they are now going to the through the roof for people with pre- both sides of the aisle who made this courts to try to repeal the Affordable existing conditions, we will figure it happen but first and foremost all of the Care Act. Right now weaving its way out’’ without having a specific plan for advocates all over the country but pri- through the court system is a case how you are going to do that. It is not marily in and around the Northeast. called Texas v. United States. I won’t good enough to just say ‘‘I hope that There were hundreds upon hundreds of go into the complicated legal argu- lawsuit succeeds. I hope everybody individuals who rushed to that scene ment. The goal of it, if it is successful, loses their insurance. And then, the from my State of Connecticut, many of is to wipe out the entirety of the Af- day after, we will come back and we them dealing with potentially terminal fordable Care Act overnight. It has will see if we can try to find people diseases as a result of that action. I am been successful at the district court healthcare.’’ That is irresponsible. glad we have stepped up in a bipartisan level. It was just argued before the ap- That is not satisfactory. It isn’t way and once again done the right pellate court level, and by the account enough for people out there who are thing. of witnesses who were there, the argu- living life in fear that their insurance I am on the floor to continue the con- ments didn’t go too well for those of us is about to vanish. versation about healthcare. I wish I who think the Affordable Care Act The problem is, the last time Repub- had as good news as comes with the should stick around. licans started thinking about what passage of this legislation, which is There is just a simple question right they would want to replace the Afford- going to extend the guarantee of now for my colleagues: Do you support able Care Act with, it was a joke. It healthcare to all sorts of heroes in and Texas v. United States? Do you support was a joke. The Better Care Reconcili- around New York. At the very same the lawsuit that would wipe out the en- ation Act, which was Senate Repub- time, we are dealing with a potential tirety of the Affordable Care Act over- licans’ replacement for the Affordable calamity for millions of other Ameri- night and replace it with nothing? Care Act—CBO found that it would in- cans who also have serious conditions, I put Republicans on here because I crease the number of people without who are dealing with diagnoses like actually know what the answer is from insurance by 22 million. It found that cancer. the Democratic side of the aisle. Every by 2026, an estimated 49 million people Today, if you have a preexisting con- single Democrat in the Senate opposes would be without insurance, almost dition, you know you are going to be this lawsuit. It is not because every doubling the number who lack insur- able to get insured for that preexisting single Democrat thinks you shouldn’t ance today. That is not better care; condition. If you are the parent of a change anything about the healthcare that is much, much worse care. So for- child who has a serious illness, you system; it is because we don’t think it give me if I don’t have confidence that don’t have to worry about being denied is a very good idea to kick 20 million my Republican friends who run the care for your son or daughter because people off of insurance, jack up rates Senate today are going to have a plan of that diagnosis. That is because we for people with preexisting conditions, to deal with a successful Texas v. have the Affordable Care Act. and have nothing to replace it—noth- United States court case that keeps in- The Affordable Care Act has been on ing. That is what will happen if Texas surance for people in my State, the the books now for going on a decade. It v. United States is successful. Peti- 111,000 people in Connecticut who get says: No matter how sick you are, no tioners are asking for the whole act to insurance through the private market insurance company can deny you care. be thrown out and nothing to replace with ACA subsidies and the 268,000 peo- That has made a world of difference for it. That would be a humanitarian ca- ple in Connecticut who are covered in millions upon millions of Americans tastrophe in this country, if 20 million my State under the Medicaid expan- who have preexisting conditions. people all of a sudden woke up and sion. The potential calamity comes in a found they didn’t have insurance cov- It is time for everybody in this body, court case filed by Republican Attor- erage any longer; if insurers were once whether Republican or Democrat, to neys General, supported by the Presi- again able to charge that family of a step up and say: A, do I support the dent and by Republicans in this Con- child with a cancer diagnosis two lawsuit to get rid of all of the protec- gress, that would try to use the court times, three times, four times as much. tions in the Affordable Care Act, with system to do what the Congress would The question for Republicans is, Do nothing to replace it, and B, do I have not—overturn the entirety of the Af- you support this lawsuit? I think we a plan for what to do if the lawsuit fordable Care Act. Congress wouldn’t need to get some answers. I think we that I support is successful? do that. We debated it. We voted down need to get some answers. Some of my Chris, from Westbrook, CT, is asking measures to repeal the Affordable Care colleagues are on record saying they that question of everybody in this Act. Why? Because Americans all hope it fails. More are on record saying Chamber. Here is what he said: across this country rose up and said: they hope it succeeds. But I don’t I am a 30 year old patient living with mus- We want you to fix what continues to think this body can just box its eyes cular dystrophy type 2B. Preexisting condi- be broken with the healthcare system, and ears to the reality of what would tions can happen to anyone. . . . Disease not tear down my coverage, not remove happen if this lawsuit succeeds. does not discriminate. . . . No amount of me from the rolls of those who are in- We are not riding to the rescue this pre-planning or prudence can stop you from Congress. Let me just be honest with preventing a genetic disease, for example. sured. . . . You can be healthy one day, and have a All across the country, over 20 mil- you. Given how fractious the debate is health crisis the next. Everyone knows lion people have insurance just because here about everything but in particular someone with a preexisting condition. It is a of the Affordable Care Act—either be- about healthcare, there is no way that lifesaver—having insurance when you have a cause of tax credits we give people to the Congress and this dysfunctional preexisting condition means being able to af- afford private insurance or the 12 mil- White House can reassemble all of the ford lifesaving medicines and treatments. lion people who got Medicaid because protections in the Affordable Care Act Chris is watching carefully to see of the Affordable Care Act, never mind if the courts wipe them out. That is what the answer to this question is.

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.029 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5000 CONGRESSIONAL RECORD — SENATE July 23, 2019 Jeff in Enfield, CT, told me that in Paul Stevens faced a line of ques- tations of Federal statutes, crafting a 2012, at the age of 7, his daughter was tioning about his health, which, in ret- legal framework that has been cited in diagnosed with type 1 diabetes. He said: rospect, is amusing. They were asking more than 11,000 subsequent judicial By the time we noticed the symptoms and questions about his health 44 years opinions. took her to the doctor, she most likely had ago. Justice Stevens had undergone a He was also often brilliant in dissent. only a couple weeks left to live. She is single bypass heart surgery 2 years ear- In his lengthy dissent in Citizens healthy today thanks to a daily regimen of lier, and the members of the Judiciary United v. FEC in 2010, Justice Stevens insulin. But insulin in the U.S. costs five to Committee just wanted to make sure rejected the radical and, I personally ten times what it costs everywhere else. . . . he could handle the rigors of serving on believe, dangerous notion that corpora- Without insurance, the expense of keeping tions have essentially the same First our daughter alive would ruin us. The pros- the U.S. Supreme Court. History has pect of my daughter being un-insurable is shown us that Justice John Paul Ste- Amendment rights as individuals and terrifying. . . . Without the ACA’s insurance vens had not only a strong heart but a should be allowed to spend, potentially, protections, the problem would be epidemic. good heart when it came to serving on unlimited amounts of money on cam- The problem of people not being able the U.S. Supreme Court. paigns. President Eisenhower famously said to afford insulin all across this coun- Sadly, that mighty heart finally did that he made only two mistakes as try. stop beating last week. Justice Stevens Jeff continued: was 99 years old. He died peacefully President, ‘‘and they’re both sitting on with his daughters Elizabeth and Susan the Supreme Court.’’ How can anyone be expected to live under President Ford felt just the opposite that kind of strain, especially a young per- by his side. son just starting out in life? My State of Illinois is proud to claim about his choice in Justice Stevens. In 2005, the year before his death, Presi- I am asking this question of my col- John Paul Stevens as a native son. He was a member of a prominent Chicago dent Ford wrote of Justice Stevens: ‘‘I leagues on behalf of my constituents, am prepared to allow history’s judg- but millions of Americans who are sick family, and he grew up in the luxury of his family’s hotel, then known as the ment of my term in office to rest (if or have a child who is sick are sick and necessary, exclusively) on my nomina- tired of Congress playing politics with Stevens Hotel and now known as the Hilton Hotel on Michigan Avenue. He tion 30 years ago of John Paul Stevens healthcare. You may not love every- to the U.S. Supreme Court.’’ I can thing that is in the Affordable Care never used the privilege of his family’s wealth to shirk his responsibilities as a think of no higher praise. Act. I get it. Republicans didn’t vote Justice Stevens stepped down from for it. They didn’t support it. They citizen of America. In World War II he was a lieutenant the Supreme Court 9 years ago. Anyone have been consistent in trying to get who had hoped that he might slip commander in the Navy. He was award- rid of it ever since it was put into law. quietly into retirement was certainly ed the Bronze Star for his service on I understand that. But I have taken my disappointed. He continued in his re- the code-breaking team, whose work Republican friends at their word over tirement to speak and write forcefully led to the downing of the plane of the the last 10 years when they have said: and eloquently on major issues facing man who had planned the attack on We want to repeal the Affordable Care America. Act and replace it with something bet- Pearl Harbor. After the war, he became In 2014, he testified before the Senate ter. an accomplished attorney and a cham- Rules Committee on the dangers that Asking the courts to overturn the en- pion of good, ethical government. dark money in politics posed to Amer- tirety of the act with no plan to re- It was John Paul Stevens’ integrity, ican democracy. place it is an abdication of the promise as much as his brilliant legal mind, He wrote three books. Justice Ste- that has been made. I don’t begrudge that convinced President Gerald Ford vens once told an interviewer that the people trying to repeal a law they don’t to nominate him, then a Federal judge person who most motivated him to like if they think they can do some- on the Seventh Circuit Court of Ap- write was a professor from whom he thing better, but Congress didn’t repeal peals, to serve on the U.S. Supreme took a poetry class at the University of the Affordable Care Act because people Court in 1975. President Ford called Chicago. The professor’s name was Nor- didn’t want us to do it. then-Judge Stevens ‘‘the finest legal man Maclean. In his own retirement, This is an irresponsible and thought- mind I could find.’’ The Senate obvi- Norman Maclean wrote a semi-auto- less mechanism to try to score a polit- ously agreed. The vote on the Senate biographical novel entitled, ‘‘A River ical victory, but it ends up playing floor for John Paul Stevens’ confirma- Runs Through It and Other Stories.’’ It with lots of people’s lives. tion was 98 to 0. was later made into a movie starring I yield the floor. He was the second oldest and third Robert Redford. I suggest the absence of a quorum. longest serving Justice in the history Looking at the life’s work of John The PRESIDING OFFICER. The of our Nation, but it is the quality of Paul Stevens, it is clear that a river clerk will call the roll. his service, and not its length, that ran through his life too. The currents The bill clerk proceeded to call the most distinguishes John Paul Stevens’ in that river included a reverence for roll. career on the U.S. Supreme Court. Jus- American democracy and the Constitu- Mr. DURBIN. Madam President, I ask tice Stevens approached disputes fair- tion, compassion and respect for indi- unanimous consent that the order for ly, squarely, and succinctly. He took viduals, and a painstaking commit- the quorum call be rescinded. great pains to understand all sides of a ment to decide each case on its merits The PRESIDING OFFICER. Without case and give all sides a fair hearing. rather than relying on easy answers objection, it is so ordered. He rejected the easy path of ideology, suggested by political ideology. f and he was willing to change his posi- Justice John Paul Stevens was a tion when the facts warranted it. good man and a courageous man, whose HONORING FORMER ASSOCIATE He authored the majority opinions in strong heart was matched by a bril- JUSTICE JOHN PAUL STEVENS some of the most famous and impor- liant mind, ceaseless curiosity, and a OF THE SUPREME COURT OF tant Supreme Court decisions in his fierce commitment to justice. He THE UNITED STATES time. One example was in 2004. Justice fought the good fight. He served our Mr. DURBIN. Madam President, Stevens wrote the majority opinion in Nation with honor, and he safeguarded today America lays to rest the great which the Court, by a vote of 6 to 3, re- and enriched our democracy. May he Justice John Paul Stevens. On behalf jected the Bush administration’s view rest in peace and honor. of the U.S. Senate, it is my privilege, that prisoners at Guantanamo Bay Madam President, as in legislative along with my Illinois colleague Sen- could be held beyond the reach of the session, I ask unanimous consent that ator DUCKWORTH, to introduce and have law with no access to the Federal the Senate proceed to the immediate adopted a bipartisan resolution hon- courts. The case was Rasul v. Bush. consideration of S. Res. 282, submitted oring this remarkable and noble man, a In 1984, in the landmark Chevron earlier today. native of the city of Chicago. case, Justice Stevens wrote an opinion The PRESIDING OFFICER. The During his Supreme Court confirma- for a unanimous Supreme Court about clerk will report the resolution by tion hearings in 1975, then-Judge John the deference owed to Agency interpre- title.

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.030 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5001 The bill clerk read as follows: States. They had gone through life ex- tiated his Presidency by establishing a A resolution (S. Res. 282) honoring former periences that we wouldn’t wish on Muslim travel ban, creating chaos at Associate Justice John Paul Stevens of the anyone. They were victims of assault, airports across the country, and con- Supreme Court of the United States. rape, and crimes that were committed tinued to separate thousands of Amer- There being no objection, the Senate against them, but they were leaving ican families. We remember the policy proceeded to consider the resolution. determined to come to the U.S. border. of this administration when the Presi- Mr. DURBIN. I further ask unani- Many of them told stories, particu- dent announced the repeal of DACA. mous consent that the resolution be larly from the countries of Guatemala, DACA, the Deferred Action for Child- agreed to, the preamble be agreed to, El Salvador, and Honduras, about what hood Arrivals, is a program that grew and the motions to consider be consid- they had been through and the threats out of the DREAM Act, a bill that I in- ered made and laid upon the table with to their families in these countries, troduced about 18 years ago. It was a no intervening action or debate. which are largely lawless now, as these bill that said—or an Executive deci- The PRESIDING OFFICER. Without drug gangs and others threaten their sion, actually, under President Obama: objection, it is so ordered. children and them. It was in despera- If you were brought to this country as The resolution (S. Res. 282) was tion that many of them made this jour- a child, and your parents made the de- agreed to. ney, cashing in everything they owned cision to come, and you were just along The preamble was agreed to. on Earth to try to make it to the bor- for the ride, but you lived in this coun- (The resolution, with its preamble, is der of the United States. try, got an education in this country, printed in today’s RECORD under ‘‘Sub- Theirs is today’s story, but it really and didn’t create serious crimes in this mitted Resolutions.’’) is the story of this country that goes country, you deserve a chance. BORDER SECURITY back for many years. It was 108 years You got up every morning and went Mr. DURBIN. Madam President, I ago that my grandmother decided to to school and pledged allegiance to made my second trip to the southern make her journey to the United States that flag and believed it was your own, border just this last Friday with, I be- with three small children. She brought and, then, probably when you were lieve, 14 of my Senate Democratic col- her two daughters and her son from the about 10 or 12, someone in the family leagues. It is the largest congressional country of Lithuania to become immi- told you something that you never delegation I have ever been a part of grants to the United States. Her 2- heard before: You were not legally in for this type of assignment. We went to year-old daughter, which she carried in America. McAllen, TX. her arms, was my mother, and I am a What should we do with these young Approximately 40 percent of those proud son of that Lithuanian immi- people? Well, when I introduced this who present themselves at our border grant. bill 18 years ago, my plan was to give come through this McAllen, TX, post. Why did they come to the United them a chance to earn their way to There is a port of entry there where States? Simply because they heard legal status, finish their education, many people, of course, are detained there was a better chance for a better make certain that they have no serious when they present themselves at near- future if they made it here. criminal record, be willing to serve by border positions. That is the story of this country. We this country in the Armed Forces—and Just a few months before, I had been are being tested now at this time in so many of them are—be willing to go to El Paso, TX, and, in El Paso, about this generation as to whether that on to school and develop a degree in 20 percent of those who come to our story is still alive. Now, we understand teaching, engineering, nursing, or med- southern border present themselves as there are some basics here. I hope we icine, and then we gave you a chance well. It was an eye opener and an emo- can all agree on them. Perhaps some for a green card and a path to legaliza- tional experience to see the hundreds will not, but I believe they are impor- tion and citizenship in America. of people who are being held in deten- tant. In 18 years, I have never been able to tion at our border in McAllen. The first is that we need border secu- make this the law of the land, but I There were two contrasting images. rity. In an age of terrorism with the prevailed on President Obama to create One of them was the image of a Catho- worst drug epidemic in the history of a program based on this premise, and lic nun, Sister Norma Pimentel, who our Nation, it is right for us to know he created the DACA Program. Now, has, for most of her adult life, dedi- who is coming into this country and over 800,000 young people in America cated herself to those who come to our what they are bringing into our coun- stepped up, paid a $600 filing fee, went border seeking rescue and security. try. through a criminal background check, Catholic Charities in McAllen, TX, has Secondly, we want to make certain and they were given permission to stay an extraordinary center filled with vol- that anyone who is known to be a dan- in this country without fear of deporta- unteers from all over the United ger in this country is never allowed ad- tion and with permission to work in States. I met some people from the city mittance, and those who are here un- this country as well. of Chicago and the State of Illinois and documented and who commit a serious Who are they? There are so many dif- from all across the Nation who had crime have forfeited their right to ferent people. I have introduced them given up their daily lives to come down stay, as far as I am concerned—no on the floor today—I mean other days, and volunteer and do the basics—cook questions asked beyond that. I should say—with color photographs food, clean up, pass out toiletries, and The third thing is that we have to and telling their stories. The ones I offer a helping hand to many people have an orderly immigration system. think of immediately, the stars of the who have just gone through the worst We cannot absorb every person in the class, as far as I am concerned, are the struggle in their lives. world who wants to come to the United more than 30 of these DACA students Sister Norma is an extraordinary States at this moment. It just is not in who are currently enrolled in the Loy- person, and she has really touched the our best interest. It really isn’t in ola University Stritch School of Medi- hearts of so many people in her caring theirs either. We need an orderly immi- cine in Chicago, which made the com- and loving way. It is a reminder time gration process. The question we have petition for the school of medicine and again of the goodness of so many to ask ourselves is this: If we agree on open to DACA recipients, and they Americans who want to tell the world those three things, can we then agree competed openly and won 32 slots. that we are in fact a nation driven by that we have a broken immigration In order to pay for their education, values of importance. system that needs to be repaired? Can because they don’t qualify for Federal It was my good fortune to have we agree that people who do present assistance to go to school, my State of breakfast with her and then spend an- themselves at the border will be treat- Illinois loans them money, and for each other part of my day with her and my ed in a humane fashion? year that they are loaned money, they Senate colleagues. That hour—that I told the story of Sister Norma, but promise to serve a year, once they are hour I will never forget—is when I saw if you look at the immigration policy licensed physicians, in an area of med- these people, many of whom had strug- of the Trump administration, you find ical need in my State. What a wonder- gled for weeks, a month, days and days a much different message to the world. ful program that takes into account to get to the border of the United We remember when this President ini- their skills and talent and our need in

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.031 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5002 CONGRESSIONAL RECORD — SENATE July 23, 2019 the State for medical care in rural said: Capacity 35. I looked through the Then, of course, we accepted Jewish communities in Smalltown, America, plate glass window. There were 150 men people from the Soviet Union, who and in the inner city of Chicago and standing shoulder to shoulder. They were being persecuted. Soviet Jews other big cities in my State. ate standing up. There was no room for found a welcoming America. The Viet- Well, the President of the United all of them to lie down and sleep. I was namese who risked their lives to fight States decided to end the program that told a couple of weeks later that the on our side in that horrible war were made them eligible to apply for med- population census had grown to 200 in welcomed into the United States rath- ical school, and in making that deci- that cell that was designed for 35, with er than see them face persecution in sion, the President jeopardized the 1 toilet. their own countries. completion of their medical degrees be- Next to it was a detention cell with The story goes on and on and for cause, you see, no matter how hard another plate glass window. Over the years and years. For decades the they worked, that medical degree leads door, it said: Capacity 18. I counted 75 United States established a standard of to a residency where they learn how to women, some with nursing children, in caring when it came to refugees. Now practice medicine hands on, and a resi- that room designed for 18 people, with this President has announced that de- dency is a job, and to be legally enti- 1 toilet. spite all of the turmoil in the world, we tled to work in this country, you need That situation is unacceptable and cannot accept a single refugee in the to have DACA protection, which Presi- inhumane. Regardless of the legal out- year 2020. What a departure from the dent Trump took away. come of those who present themselves, high-minded and high-valued conduct So many of them faced the prospect we can and must do better as a nation. of previous Presidents. that their medical education would end The inspector general is right. That Since the enactment of the Refugee because of the President’s decision. condition that I saw was a risk to Act of 1980, the United States has re- Fortunately for them, the case was health and safety. settled over 80,000 refugees per year brought to Federal court to try to stop Then, the President, through a series under the administrations of both po- President Trump from eliminating of his infamous tweets, threatened litical parties. President Trump has DACA, and it provided us with a pro- mass arrests and deportations of mil- said he will end it. gram that will continue with its pro- lions of immigrants who have com- For the last 2 years, the Trump ad- mitted no crime and posed no threat to tections until the court case is re- ministration has set the lowest refugee the safety and security of their com- solved. That could happen, and it could ceilings in history in the midst of the munities. What the President has done happen soon. worst refugee crisis in history. Now the It tells you what happens when a is created rampant fear in the immi- administration may slam the door at President makes a decision that affects grant communities around Illinois and least for a year or until someone pre- around this Nation. so many lives and the damage that it vails on the President. Then, the President put in place a can do, not just to them and their fam- Today, as almost every day, the ad- new rule that blocks asylum claims at ministration has announced a new rule ilies but to our Nation. our border for nationals of any country The President also terminated the that allows immigration officers to ar- except Mexico, including families and Temporary Protected Status Program rest and deport undocumented immi- children fleeing persecution. The for multiple countries that protected grants anywhere in the United States UNHCR, the United Nations refugee some 300,000 people who have come to unless that person can prove they have agency, said that the rule that the been in the United States for at least 2 the United States over the years be- President promulgated will endanger years. I ask, if someone stopped you on cause of adverse natural disasters or vulnerable people in need of inter- the street and said ‘‘Prove you have political conditions in their country. national protection from violence or Then the President, last year, initi- been here for 2 years,’’ how long would persecution. ated a program called ‘‘Zero Toler- Now the President is continuing on it take you to gather that documenta- ance’’ that resulted in the disastrous his path of destruction. He is consid- tion to make that proof, if you can? To separation of thousands of families at ering reducing the number of refugees do this to people and threaten to de- the border. Because a Federal court that the United States will admit in port them on the spot immediately if mandated it, the administration had to the year 2020 to zero. they don’t produce the documentation account for the children who were sep- You have to go back in history to is totally unfair. This procedure, arated. There were some 2,880 infants, World War II, when the President of known as expedited removal, allows an toddlers, and children taken away from the United States, a member of my immigrant to be deported without con- their parents, some with lies about own political party, made a conscious sulting with an attorney or counselor where these children were going and decision to tell those Jewish people or defending themselves in a hearing how soon they would be returned. coming from Europe that they would before an immigration judge. It is sum- This is what the court said in South- not be allowed admittance into the mary judgment on the street to deport ern California to the Trump adminis- United States to escape the Nazi Holo- people and tear families apart. tration: Account for these children. caust. The story of the SS St. Louis is America is better than this. We can Tell us where they are today. Tell us one that people should read and con- certainly keep America safe and re- where their parents are. sider the 800 passengers on that ship spect our heritage as a nation of immi- They couldn’t even match up all the who were rejected by the administra- grants. We can have a secure border children with the parents because tion as refugees and sent back to Eu- and abide by our international obliga- many of the parents had been sent rope. A fourth of them died in the Hol- tions to protect refugees fleeing perse- back to their countries with the prom- ocaust. cution as we have done on a bipartisan ise that the children would return, and Because of our feeling of shame after basis for decades. there was no recordkeeping so that World War II, the United States, under When I went and toured the McAllen could be done. Presidents of both political parties, Border Patrol station, Donna, and Ur- This President also was engaged, said that we would try to set a stand- sula, we met with many of the leaders through his Department of Homeland ard for the world when it came to ac- there and saw firsthand what is hap- Security, in migrant detention facili- cepting refugees, and we did. An aver- pening. We are starting to build facili- ties, where the inspector general with age of almost 80,000 per year were ad- ties that will be more humane, at least the Department of Homeland Security mitted into the United States. Think by design, and hope that is exactly found ‘‘an immediate risk to the health back to the Cubans who came to this what happens. and safety of detainees and DHS em- country to escape communism under I would like to say a word about the ployees.’’ Castro. They have become such a vi- men and women who work for Customs I saw them in April of this year in El brant part of America today, and in and Border Protection. I am not going Paso. We had a detention facility there fact, three of the Senators today are of to make any excuses for those who where they were holding those who Cuban decent. They were part of that have abused people in the past or those were presented at the border. The sign refugee movement—maybe not their who have said horrible things online over the door of that detention center generation but in their family. about them—no excuses at all. But the

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.033 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5003 people I met as part of our government and four Republican Senators who to have a bipartisan approach. Repub- service at the border were overwhelm- worked for months—Senator John lican colleagues need to step up and ingly good and caring people who are McCain, CHUCK SCHUMER, and many find a constructive way to deal with confronted with a situation at the bor- others—to put together a comprehen- the challenges we face on the border der that they never envisioned with sive immigration reform bill. We today. We can keep America safe. We circumstances beyond their control. So brought it to the floor of the Senate, can continue to probably call ourselves I want to say a word for those who are and it passed 68 to 32. It was a step and a nation of immigrants. What we are doing the best they can under these ex- a move in the right direction to deal seeing now is a situation which begs traordinary circumstances and thank with our broken immigration system. for a bipartisan, compromise solution. them for their service. Unfortunately, the Republican House I yield the floor. The reality is that President Trump’s leadership refused to even consider I suggest the absence of a quorum. policies, as harsh and cruel as they that bill or call for a hearing. The Act- The PRESIDING OFFICER (Mr. CAS- have been, have been ineffective at our ing Secretary of Department of Home- SIDY). The clerk will call the roll. southern border. The situation is much land Security, Kevin McAleenan, said The senior assistant legislative clerk less secure than when he took office. that if our bill in 2013 had been enacted proceeded to call the roll. The President’s obsession with the bor- into law, ‘‘we would have a very dif- Mr. REED. Mr. President, I ask unan- der wall led to the longest government ferent situation. . . . we would be a lot imous consent that the order for the shutdown in history, even paralyzing more secure on our border.’’ quorum call be rescinded. our immigration courts for that 35-day Republican Senator LAMAR ALEX- The PRESIDING OFFICER. Without period. ANDER of Tennessee, who supported objection, it is so ordered. More refugees have been driven to that bill, said ‘‘If that bill became law, MUELLER REPORT the border because the President has most of the problems we’re having Mr. REED. Mr. President, I come to shut down the legal avenues for migra- today we’d not be having.’’ the floor just the day before Robert tion and blocked all assistance to sta- We had a path, a bipartisan path, a Mueller is set to come before the House bilize the Northern Triangle countries. good path that we should return to. It Intelligence and Judiciary Committees Under President Obama we set up in- is time for us to find a way to work to- to focus attention on some of the key country in Guatemala, El Salvador, gether for a secure border, for a secure findings of the special counsel’s report and Honduras an opportunity for those nation, to reduce the massive amounts on Russia’s interference in our 2016 who wished to come forward and apply of money that are being spent now be- elections. for asylum status in the United States cause of this migration, and to do it in I have spoken on the floor many without leaving their own country if a humane fashion consistent with the times about the depth and breadth of they chose to do it. It was one alter- values of the United States. the Russian interference in the 2016 native to an expensive, dangerous trek We are ready to work with Repub- election. The special counsel’s report to the southern border. The Trump ad- licans. Democrats on this side of the goes to great lengths to detail this, in ministration closed down that pro- aisle are ready to work to achieve his terms, ‘‘sweeping and systemic in- gram, giving the people in those coun- goals I think we all share. We need to terference.’’ What continues to be wor- tries no other alternative but to try to address the root causes in the Northern risome is that these information war- make that trip to the border. That Triangle countries that drive migrants fare attacks and other malign influ- made no sense at all. to flee to the United States. We need to ence operations are ongoing with more There is also a gaping leadership vac- crack down on the traffickers and plans for our elections next year. uum at the Department of Homeland transporters who are exploiting these This threat to our national security Security. In the 21⁄2 years the President migrants. We need to expand third- and the integrity of our democracy has has been in office, there have been four country resettlement so that immi- yet to be sufficiently recognized or different leaders in the Office of the grants can find their way safely with- counted by this administration. Indeed, Secretary of the Department of Home- out making that dangerous trek. We in the months since the report was re- land Security, and in every major sub- need to eliminate immigration court leased, the Trump administration and category position, whether it is inte- backlogs so that asylum claims can be congressional Republicans have repeat- rior enforcement or border enforce- processed more quickly. We need to ex- edly claimed that the report vindicates ment, there have been at least as many pand the use of proven alternatives to the President on all charges of collu- people in an acting capacity and not in detention, like family case manage- sion between the Trump campaign and a permanent capacity. ment, so immigrants know their rights Russia and on obstruction of justice I will say that we have tried our best and show up for court. rather than taking steps to ensure that to work with this administration when It was hard to believe, when we went we will never be targeted in this way they have asked for help and volun- to Sister Norma’s cafeteria centered in again. teered it when they didn’t. Last Feb- McAllen—some of the migrants who The special counsel’s testimony is ruary, when we passed the omnibus had gone through the system and were vital so he can detail what he uncov- bill, we included over $400 million for now heading to join family members in ered and shed additional light on the humanitarian assistance at the border, the United States showed us the pack- events of the investigation. In par- and when the President came back and ets they were given with legal docu- ticular, what Congress and the Amer- asked for an emergency supplemental ments. Understand, these people were ican people need to hear from Director of $4.6 billion for additional funding, fresh off the border, out of detention. Mueller relates to three broad cat- Democrats joined Republicans to pass As we looked inside the packets, we egories of questions. For instance, that legislation. found in many cases that the instruc- what was the full scope of Russian in- Last year, before the border crisis tions were printed in English, not terference in the 2016 election? began, Senate Democrats supported a Spanish, and they did not include any Second, what evidence did the special bipartisan agreement, including robust specific time or place for the person to counsel find of coordination between border security funding and dozens of report. They had simply typed in ‘‘to Trump campaign associates or the provisions to strengthen border secu- be determined.’’ Is it any wonder that President and the Russian Govern- rity. But the President threatened to people struggle to come to a court ment, and why did he decide the avail- veto it, and instead pushed for a hard- hearing as required by law? able evidence was not sufficient to line approach, which, when it was We can do better. We need to get prove a criminal conspiracy with Rus- called for a vote in the U.S. Senate, re- them the information they need if they sia? ceived fewer than 40 votes. are going to be a part of our legal sys- Third, what evidence did the special Six years ago, in 2013, there was a tem and tell them the time and place counsel find that the President ob- problem on the Senate floor, and there they need to report. structed justice? aren’t many to recall as we stand here We stand ready to work on this side Tomorrow’s testimony will help the today, but this was one of them. I was of the aisle for smart, effective, hu- public understand the gravity of the part of the Gang of 8, four Democrat mane border security policy. We need President’s conduct in the White House

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.034 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5004 CONGRESSIONAL RECORD — SENATE July 23, 2019 and the extent to which Russia influ- 2016 election was akin to a military op- he lacked the authority to indict a sit- enced the 2016 election. These hearings eration against our nation. To date, we ting President because of an Office of are not the end. This is not case closed. do not have a complete understanding Legal Counsel, OLC, opinion finding The intelligence community has as- of what happened in 2016. More impor- that ‘‘the indictment or criminal pros- sessed that the threat from Russia will tantly, we do not have a comprehensive ecution of a sitting President would continue to evolve and grow even more strategy, nor have we reorganized our impermissibly undermine the capacity sophisticated. For our elections to re- government or prepared the American of the executive branch to perform its main free, open, and transparent, we people, so that such foreign inter- constitutionally assigned functions’’ in must take seriously the threat posed ference will not happen again. The re- violation of ‘‘the constitutional separa- by Russia and other potential foreign lease of the Mueller report cannot tion of powers.’’ adversaries. We must hold hearings in mark the end of the strategy to inves- Another critical consideration for the Senate with testimony from the tigate and prevent Russian inter- the special counsel was that a Federal special counsel’s office and key wit- ference. The special counsel’s testi- criminal investigation of a sitting nesses from the report. We must con- mony will add to the urgency for this President could preempt the authority sider legislation on election security, administration and Congress to change vested in Congress by the Constitution foreign influence operations, course and act immediately to protect to address Presidential misconduct. In disinformation, Federal election laws, our democracy and strengthen public addition, Mueller notes that ‘‘a Presi- money laundering, and many other faith in the American election process. dent does not have immunity after he issues. Since the release of the special coun- leaves office’’ and that ‘‘we conducted When it comes to protecting our de- sel’s report, the President, the Attor- a thorough factual investigation in mocracy, we cannot be complacent. ney General, and some Republican con- order to preserve the evidence when Now is the time for action to make gressional leaders have said that the memories were fresh and documentary sure we are ready ahead of the elec- case of Russian interference in the 2016 materials were available.’’ Put to- tions in 2020 and beyond. Each and election is closed, that our work is gether, while the special counsel con- every one of us in this Chamber swore done, and that we can move on. The cluded that he could not prosecute the an oath to support and defend the Con- President has repeatedly claimed that President, he makes it clear that he is stitution of the United States against the special counsel’s report cleared creating a record of evidence and defer- all enemies, foreign and domestic. In him of any connections to Russia and ring to Congress and future prosecutors order to do that, we can’t just take any wrongdoing in contradiction of the should they pursue an obstruction tweets about no collusion and no ob- voluminous evidence laid out in the re- case. struction at face value. This isn’t a port. But those declarations of inno- Which is all the more reason why we witch hunt, nor should it be an effort cence just don’t square with the facts. must hear from the special counsel on to circle the partisan wagons around Congress has a constitutional duty to his findings and his decision-making the President and absolve him of any review the findings of the special coun- process. In particular, what Congress wrongdoing. It has to be a serious ex- sel on behalf of the American people and the American people need to hear amination of what happened and how and not simply accept the administra- from Special Counsel Mueller relates to defend our Nation against future at- tion’s spin and mischaracterizations of to three broad categories of questions. tacks. Robert Mueller’s findings. First, what was the nature and ex- Mr. President, in anticipation of the Despite the President’s declarations tent of the Russian interference cam- upcoming testimony of the special of ‘‘hoax’’ and ‘‘witch hunt,’’ the spe- paign launched against the United counsel before the House Intelligence cial counsel’s office did bring indict- States in the 2016 election? Second, and Judiciary Committees, I want to ments for ‘‘conspiracy to commit of- what evidence did the investigation highlight key findings in his report fense or to defraud the United States’’ find of Trump campaign associates or that go to the heart of Russian inter- under 18 U.S. Code § 371, against Putin the President coordinating with the ference into our elections in 2016 and crony Yevgeny Prigozhin, who was in Russian campaign, and why did the ongoing threat still facing our na- charge of the Kremlin-linked troll op- Mueller decide the available evidence tional security and the integrity of our eration known as the Internet Re- was not sufficient to prove ‘‘beyond a democracy. search Agency, and against his related reasonable doubt’’ that they had crimi- Indeed many of the President’s own holdings and multiple employees. The nally conspired with the Russian ef- national security officials have warned investigation also resulted in con- forts? And the third set of issues relate of heightened Russian information spiracy indictments of 12 officers from to acts of obstruction by Trump cam- warfare attacks and other foreign in- Russian Military Intelligence, also paign associates and the President fluence operations in next year’s elec- known as the GRU. himself. tion—which could make its 2016 inter- While the available evidence did not On the first set of issues, one of the ference in our elections, catalogued in meet the legal standard to charge the main responsibilities charged to the the Mueller report, look like child’s President or his associates with a special counsel by the Department of play. Federal Bureau of Investigation crime for a coordinating role in that Justice was to conduct a ‘‘full and Director Wray recently stated that the conspiracy, the special counsel takes thorough investigation of the Russian 2018 midterm elections were seen by care to note that does not mean that government’s efforts to interfere in the Russia as ‘‘a dress rehearsal for the big evidence of coordination does not exist. 2016 presidential election.’’ As the re- show in 2020.’’ Wray added that the FBI This is not, as the President has at- port concludes, ‘‘the Special Counsel’s anticipates the 2020 ‘‘threat being even tested, ‘‘a complete and total exonera- investigation established that Russia more challenging.’’ Director of Na- tion.’’ As the special counsel plainly interfered in the 2016 election prin- tional Intelligence Daniel Coats points out, in regards to coordination cipally through two operations.’’ warned the Senate Intelligence Com- with Russia, while ‘‘this report em- First, Mueller provides detailed evi- mittee in January 2019 that, in the 2020 bodies factual and legal determinations dence that Kremlin-linked operators election cycle, ‘‘Moscow may employ that the office believes to be accurate sought to help the Kremlin’s preferred additional influence toolkits—such as and complete to the greatest extent candidate, whose election would serve spreading disinformation, conducting possible, given these identified gaps, Russia’s interests. The report describes hack-and-leak operations, or manipu- the office cannot rule out the possi- how a Kremlin-linked troll operation, lating data—in a more targeted fashion bility that the unavailable information called the Internet Research Agency, to influence U.S. policy, actions, and would shed additional light on (or cast ‘‘carried out a social media campaign elections.’’ in a new light) the events described in that favored presidential candidate Despite this ongoing and increasingly this report.’’ Donald J. Trump and disparaged presi- sophisticated threat, we are still not What is more, President Trump and dential candidate Hillary Clinton.’’ It fully prepared to defend against the in- his supporters purposefully leave out also found that ‘‘[a]s early as 2014, the evitable Russian attacks on our democ- important context from the report [Kremlin-linked Internet Research racy. The Russian interference in the where the special counsel explains that Agency] instructed its employees to

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.035 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5005 target U.S. persons who could be used the investigation did not establish that Furthermore, the special counsel’s to advance its operational goals.’’ members of the Trump Campaign con- report found that the President and his Second, Mueller describes in detail spired or coordinated with the Russian aides materially impaired the inves- the Russian spying operation to steal government in its election interference tigation. For instance, the President ‘‘dirt’’ on the opposition candidate and activities.’’ did not give an in-person interview to then use that stolen information As referenced earlier, a key question the special counsel and would only an- against her. The report states un- that Special Counsel Mueller needs to swer written questions that did not ad- equivocally, ‘‘[a] Russian military address during his testimony is why dress issues relating to Presidential ob- intelligence’s spying operation con- was the investigative team unable to struction. In his written responses, the ducted computer intrusion operations establish to a criminal standard of President replied that he could not re- against entities, employees and volun- proof that is ‘‘beyond a reasonable call or did not remember more than 30 teers working on the Clinton Campaign doubt’’ coordination between people as- times, covering the vast majority of and then released stolen documents.’’ sociated with the Trump campaign, the questions. In addition, numerous The Mueller report makes clear that and Russian actors conspiring to un- Trump campaign associates and others the Russian election interference was a dermine the U.S. elections. from his inner circle, including General coordinated campaign targeting our de- This raises questions related to the Michael Flynn, George Papadopoulos, mocracy along multiple lines of effort. third set of issues for Special Counsel and Roger Stone, and his attorney Mi- While these conclusions affirm the as- Mueller, namely whether the President chael Cohen, lied about their dealings sessments of our intelligence commu- obstructed justice in connection with with Kremlin or Kremlin-linked actors. nity, the President appears unwilling the Russia-related investigation and Michael Cohen, for example, admitted or unable to take them seriously. hindered the ability of the special to the special counsel that among the At the G20 Summit in Osaka in June counsel’s office to gather relevant evi- reasons he lied to Congress about the 2019, President Trump treated Russian dence. And if so, did that obstruction Trump Tower Moscow project was to election interference as a joke, sig- materially impede Mueller’s ability to try and limit the ongoing Russia inves- naling to Putin that he would not hold conclude ‘‘beyond a reasonable doubt’’ tigation. In each of these cases, the Russia accountable. And in a recent that the Trump campaign or the Presi- Mueller report found ‘‘those lies mate- interview, the President failed to grasp dent himself conspired with Russian in- rially impaired the investigation of what was wrong with taking ‘‘dirt’’ on terference? These questions raise pro- Russian election interference.’’ his political opponent from a foreign found issues for our national security Similarly, the special counsel found source and indicated that, if it hap- and the integrity of our democracy, that Trump campaign associates frus- pened again in the 2020 campaign, he and the special counsel’s answers will trated the investigation by deleting in- would listen to what they had to say determine what Congress’s next steps formation or otherwise impeding the and then decide whether or not to re- should be in meeting its constitutional ability of the special counsel to obtain port it to the FBI. responsibilities. relevant communications pertinent to Now let me turn to the second set of Indeed, the Mueller report estab- the investigation. One example was issues Special Counsel Mueller needs to lishes multiple incidents in which the Trump campaign associates’ commu- address, relating to his task by the De- President committed acts that were ca- nications with Konstantin Kilimnik, a partment of Justice to investigate pable of impeding the Trump-Russia Ukrainian national whom the FBI as- ‘‘any links and/or coordination between investigation. For example, President sesses as having ties to Russian intel- the Russian government and individ- Trump asked then-FBI Director James ligence and who worked for Trump uals associated with the campaign of Comey to stop looking into his former campaign chairman Paul Manafort’s President Donald Trump.’’ National Security Advisor General Mi- political consulting business for many The special counsel’s report presents chael Flynn, after finding out that years. During 2016, Manafort directed significant evidence that President Flynn was questioned about his con- his campaign deputy Rick Gates to Trump and his associates embraced, tacts with the Russian Ambassador. provide internal polling data to encouraged, and applauded Russian President Trump also repeatedly asked Kilimnik. Manafort expected Kilimnik help. The report definitively concludes Comey to publicly say that Trump to share that information with others that Russia saw its interests as aligned himself was not under investigation in Ukraine and Putin crony Oleg with, and served by, a Trump Presi- and then fired Comey when it became Deripaska, who had funded pro-Krem- dency; that a central purpose of the clear he was unwilling to do so. lin political influence operations in the Russian interference operations was In addition, the President tried sev- past. The Mueller report details that helping the Trump campaign; and that eral different tactics to have the spe- Gates used an encrypted app to send the Trump campaign anticipated bene- cial counsel’s investigation curtailed. the polling data and then deleted it fiting from the fruits of that foreign President Trump initially put forward daily. As a result of deleted and election interference. Mueller provides claims that the special counsel had encrypted communications and be- detailed evidence of multiple contacts conflicts of interest, which his advisers cause of Manafort’s false statements, by Russian government officials or informed him were meritless. When the special counsel was not able to de- their proxies with the Trump campaign that did not work, the President gave termine what happened with this data to facilitate relationships. The report his subordinates—including White and whether it was part of a coordi- states: ‘‘[t]he investigation . . . estab- House Counsel Don McGahn, White nated effort between Russia and the lished numerous links between the House Chief of Staff Reince Priebus Trump campaign to interfere in our Russian government and the Trump and former campaign manager Corey election. The report makes clear that campaign.’’ Lewandowski—direct orders to either the lying, obfuscations, and denial of Ultimately, however, the special have the special counsel removed or to access to key information had a direct counsel’s investigation lacked suffi- pressure then-Attorney General Ses- effect on the investigation’s ability to cient evidence to prove beyond a rea- sions into limiting the scope of the spe- determine the nature and extent of any sonable doubt that the Trump cam- cial counsel’s investigation to future coordination by President Trump and paign or its associates conspired with election interference, instead of scruti- his associates with Russian conspira- the Russian Government in its election nizing the President and his cam- tors. interference. As the report states: paign’s conduct. McGahn, What makes the Mueller’s testimony ‘‘[a]lthough the investigation estab- Lewandowski, and Priebus all failed to even more urgent are the Trump ad- lished that the Russian government follow the President’s orders. The spe- ministration’s efforts to attack the perceived it would benefit from a cial counsel importantly notes that at- credibility of the report and to prevent Trump presidency and worked to se- tempts ‘‘to influence the investigation Congress from further investigating cure that outcome, and that the Cam- were mostly unsuccessful, but that is Mueller’s findings. The White House paign expected it would benefit largely because the persons who sur- has adopted a strategy of trying to electorally from information stolen rounded the president declined to carry block key witnesses named in the and released through Russian efforts, out orders or accede to his requests.’’ Mueller report from testifying before

VerDate Sep 11 2014 03:10 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.036 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5006 CONGRESSIONAL RECORD — SENATE July 23, 2019 Congress, including Don McGahn, priately reorganized across government other time in history has the office of Annie Donaldson who served as chief of and society ahead of the elections in the Secretary remained vacant for so staff to White Counsel McGahn, and 2020 and beyond. Indeed, the adminis- long. In addition, we must bear in mind White House and Trump campaign tration needs to take election security the national security challenges facing communications director Hope Hicks, seriously. That means being proactive. our country. Currently, the Depart- by invoking legally dubious or overly It also means finding ways to reassure ment is focused on competition with broad claims of privilege. The White the American people about the legit- near-peer adversaries like China and House has also stymied Congress by as- imacy and validity of our elections. Russia. As the Department pursues the serting Executive privilege over the For example, we could require the Sec- new strategic direction established by full, unredacted version of the report retary of Homeland Security, with the the National Defense Strategy, Iran and the underlying documents and only concurrence of the Director of National and North Korea remain dangerous, providing access to a few select Mem- Intelligence and the FBI Director, to and the threat posed by violent ex- bers. rapidly assess and inform the public tremist organizations is not dimin- It is not only the White House that about whether any foreign interference ishing. Furthermore, the Department has been trying to muddy the waters or influence is detected against our must continue to recruit and retain around the Mueller report. Attorney election process, procedures, and infra- high-caliber individuals, while restor- General William Barr has deliberately structure. ing readiness, and pursuing new high- mischaracterized and increased par- As Former Ambassador to Russia Mi- end capabilities for the force. tisan skepticism of the report. Before chael McFaul wrote in the Washington Despite these daunting challenges, releasing the report to the public, Barr Post after the special counsel’s report the number of senior-level civilian va- published a misleading summary of its was released: ‘‘the Mueller report is a cancies throughout the Department is findings, which the special counsel dis- good start, but it is only a start.’’ staggering. The constant turnover of puted. Barr also held a press conference There is too much at stake for our na- senior civilian leadership, coupled with where he claimed that the White House tional security and the integrity of de- the duration of these vacancies, has fully cooperated with the special coun- mocracy to stop now. been troubling. I believe it has had a sel’s investigation, that the special NOMINATION OF MARK T. ESPER significant impact on the Defense De- counsel found ‘‘no collusion,’’ and that Mr. President, I had the opportunity partment, which is adrift in a way I there was not sufficient evidence to es- and the privilege, as we all did earlier have not seen in my time on Capitol tablish obstruction of justice. These today, to vote for Secretary Mark Hill. It is my hope that Dr. Esper will statements are favorable to the Presi- Esper as the next Secretary of Defense. work to fill these civilian leadership dent, but none of them are consistent I have known Dr. Esper for more than positions because it is necessary to with the special counsel’s findings. a decade. He is a public servant and a manage the difficult challenges facing As I have laid out, despite the ongo- patriot of the first order. I think the the Department, as well as the exten- ing and increasingly sophisticated overwhelming vote today indicates the sive Pentagon bureaucracy. threat we face and despite the 2020 confidence we have in him, and it indi- In addition, Dr. Esper will help over- election being less than a year and a cates the importance we understand see national security policy for a Presi- half away, we are still not prepared to that job holds for all of us. We have en- dent whose temperament and manage- defend against the inevitable Russian trusted it to someone who began his ment skills are challenging. It is ex- attack on our democracy. As Mueller dedicated service to the country as an tremely important for our Nation that said during his press conference on 18-year-old at West Point, served in the he be surrounded by leaders who can May 29, 2019, ‘‘I will close by reit- Army, then went on to serve in admin- provide thoughtful advice and counsel. erating the central allegation of our in- istrations and as a public-spirited cit- Diversity of opinion is important when dictments—that there were multiple, izen through his entire life. crafting policy and making decisions systematic efforts to interference in Mr. President, I rise to state my sup- that impact the well-being of our men our election. That allegation deserves port for the nomination of Dr. Mark and women in uniform. It is my fervent the attention of every American.’’ Esper, who was confirmed earlier today hope that Dr. Esper will be willing and I could not agree more. We cannot to be the 27th Secretary of Defense. able to provide the President with his forget that Russia interfered in our Dr. Esper has served this Nation in a best policy advice even if the President election in 2016 with hybrid warfare variety of roles most of his life. He is a disagrees with the counsel or it runs tactics and tried to do it again in 2018. 1986 graduate of the U.S. Military contrary to his policy goals. And our intelligence community as- Academy. He served in the 101st Air- But most importantly, while the Sec- sessed that it is poised to conduct addi- borne Division and participated in the retary of Defense serves at the pleasure tional operations against our elections 1990–91 Gulf War with the ‘‘Screaming of the President, we should never for- in 2020 with increasing sophistication. Eagles.’’ He retired from the U.S. Army get that they also oversee the finest We cannot ignore these attacks or wish in 2007, after spending 10 years on Ac- fighting force in the world, men and them away. tive Duty and 11 years in the National women who have volunteered to serve a The impediments erected by the Guard and Army Reserve. cause greater than themselves. Our President and the people around him After the Army, Dr. Esper worked in servicemembers and their families meant that despite the best efforts of the private sector, but he also worked should always be at the forefront when the Mueller team, there remains unfin- in several offices on Capitol Hill, in- considering defense policy or military ished business in getting to the bottom cluding the offices of Senator and Sec- action. of what happened in 2016 and afterward, retary of Defense Chuck Hagel and On a final note, I would also like to which is why it is critically important Senate Majority Leader Bill Frist. He thank Dr. Esper’s family, his wife Leah we hear from the special counsel. also was a professional staff member on and their children, Luke, John, and While it is an important step that the Senate Foreign Relations and Sen- Kate. They, too, will be serving our the special counsel is testifying to the ate Government Affairs committees country, and we appreciate their sup- House in front of two committees, I am and the House Armed Services Com- port. making this statement about the ques- mittee. Until his nomination to be Sec- I yield the floor. tions that should be asked of Mueller retary of Defense, Dr. Esper was serv- I suggest the absence of a quorum. because, as of this moment, there are ing as the 23rd Secretary of the Army. The PRESIDING OFFICER. The no scheduled hearings or plan for him His wealth of experience in defense pol- clerk will call the roll. to appear in the Senate. We should be icy and in senior leadership positions The senior assistant legislative clerk holding hearings in the Senate with in both the public and private sector proceeded to call the roll. testimony from the special counsel and should serve him well as Secretary of Mr. BLUMENTHAL. Mr. President, I others on many issues, including the Defense. ask unanimous consent that the order ones I have raised. We should be pass- It has been nearly 7 months since the for the quorum call be rescinded. ing legislation, including on election Department has had a Senate-con- The PRESIDING OFFICER. Without security, to ensure that we are appro- firmed Secretary of Defense. At no objection, it is so ordered.

VerDate Sep 11 2014 03:19 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.037 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5007 NOMINATION OF STEPHEN M. DICKSON a party to a proceeding.’’ He didn’t Mr. Dickson comes from a long ca- Mr. BLUMENTHAL. Mr. President, think that a court case or a deposition reer at Delta Airlines—in fact, a record when it comes to air safety, the United fit that definition. at Delta that raises questions about his States of America should be the gold The simple fact is that Ms. Petitt al- independence from the industry and at standard for the world. In fact, better leged she was subject to retaliation a time when that agency must guar- than the gold standard, it ought to be after presenting Mr. Dickson and other antee its independence from that in- the Sullenberger standard. Delta executives, including the current dustry. We remember Sully Sullenberger, CEO, Ed Bastian, with a written report Our next FAA Administrator will, in who was the pilot at the controls when regarding Delta’s ‘‘Flight Operations’ fact, have enormous challenges in re- the ‘‘Miracle on the Hudson’’ flight in Safety Culture’’ in January 2016. That storing public trust. This agency has 2009 landed safely. He prescribed the report alleged significant facts that been undermined by its failure to qualities that we should regard most should have been investigated. ground airplanes, to exercise inde- highly as we choose a new Adminis- Following its submission and a meet- pendent judgment, and to do the kind trator of the FAA. He also gave us the ing with a member of Delta’s human of scrutiny necessary and what is need- leadership we need and should respect resources staff, Ms. Petitt was removed ed, in fact, in new leadership. The when considering the nomination of from duty. In fact, in March 2016, she FAA’s broken system—at least in pub- Stephen Dickson. We should reject it, was referred for a psychiatric examina- lic perception—requires a new voice, and he articulated exactly why. tion. That is the way Delta reacted to untainted by connections to the indus- Chesley ‘‘Sully’’ Sullenberger said her whistleblower complaint. The doc- try. We have an opportunity to find about Stephen Dickson that ‘‘his ac- tor chosen by Delta diagnosed her with someone who will restore that con- tions and words raise grave concerns bipolar disorder and found that she was fidence in America and worldwide. about his ability to act with the integ- unfit for duty. When she was evaluated He is very simply not the right per- rity and the independence the next by a panel of eight doctors at the Mayo son for this job, and I urge my col- FAA Administrator must have to navi- Clinic and an independent third-party leagues to oppose him and to respect gate the challenges of the ungrounding doctor, these psychiatrists concluded the advice given to us by Sully of the 737 MAX and to rebuild the glob- that Ms. Petitt did not, in fact, suffer Sullenberger, who has highlighted al trust in the FAA’s confidence and from a mental illness and was entirely those two qualities: independence and ability to appropriately certify new fit for duty. integrity—integrity not only in past aircraft design.’’ That is what he said The appearance and seemingly the careers but in dealings with the U.S. in an interview with POLITICO, but he reality is that her safety concerns were Senate, in full disclosure with respect said it publicly on a number of other meant to be buried rather than taken to whistleblowers, in highlighting pub- occasions. Those two qualities that he seriously and addressed. Mr. Dickson lic safety above profits or interests of mandated in the next FAA Adminis- played a part in that reaction to her the industry. That is the kind of inde- trator as more important than any whistleblower concerns. In fact, the pendence and integrity we need. I still other—independence and integrity—are psychiatrist who first evaluated her have hope that we can find it if my col- precisely the qualities that Stephen concluded that she must have this dis- leagues join me in opposing this nomi- Dickson lacks. It is that failing which order because, as a woman, how can nation. brings me to the floor now to oppose she be raising three young children and Thank you. his nomination. be studying for another possible degree I yield the floor. Sully Sullenberger highlighted the and at the same time working as she I suggest the absence of a quorum. particular experience that exemplified was. That kind of evaluation was cer- The PRESIDING OFFICER. The that failing, which is Stephen tainly entitled to very little respect. clerk will call the roll. Dickson’s involvement in a whistle- Again, Mr. Dickson never disclosed it The senior assistant bill clerk pro- blower case. to us, so we could never ask him about ceeded to call the roll. As I know from my experience as the it at the nomination hearing. He never Mr. GRASSLEY. Madam President, I U.S. attorney and attorney general, disclosed it before that hearing. When ask unanimous consent that the order whistleblowers are the ones who bring he was called upon to explain this for the quorum call be rescinded. information to light that can help save lapse, instead of taking ownership of The PRESIDING OFFICER. Without lives. Whether it is in the criminal area his failing, he sought to minimize his objection, it is so ordered. or air safety or drug effectiveness or involvement inconsistently with the MUELLER REPORT many other areas, including other facts of the case. His failure to disclose Mr. GRASSLEY. Madam President, areas of transportation safety, whistle- it and his reaction to it would itself be on April 8, this year I came to the Sen- blowers play a vital role, so they need disqualifying, but there are other ate to speak about the end of the spe- protection. They should never be re- grounds as well. cial counsel’s investigation. Now that taliated against. They should never be He is simply not the right person for Special Counsel Mueller is set to tes- objects of retribution. They should be this agency at this time. Integrity and tify tomorrow in the House of Rep- protected and encouraged. That is what independence are now more important resentatives, I would like to reiterate an air safety expert who really cares than ever because the airline industry several points I made in that speech about safety—someone who respects and particularly Boeing need new lead- that I believe are still very relevant independence and integrity—would do. ership in oversight and accountability. today. That is exactly the opposite of what New leadership from the FAA is criti- I noted that the facts show the real Stephen Dickson is alleged to have cally important in light of its failure collusion was actually brought about done in the case of Karlene Petitt. to ground those 737 MAX airplanes by the Democrats. It is pretty well doc- Ms. Petitt’s case was brought to our ahead of the rest of the world—in fact, umented that the Clinton campaign attention after Stephen Dickson’s tes- the FAA follows the rest the world— and the Democratic National Com- timony to the Commerce Committee, and because of their delegation of au- mittee hired Fusion GPS to do opposi- so we had no real opportunity to ask thority for certification to Boeing and tion research against Candidate him about it in his confirmation hear- manufacturers generally. That delega- Trump. ing. In fact, we never learned about Ms. tion of authority essentially puts the Fusion GPS then hired Christopher Petitt’s case or a deposition that fox in charge of the henhouse. It may Steele, a former British intelligence of- Dickson gave for it until after that have been for cost savings to the FAA ficer, to compile the famous Steele dos- hearing. He didn’t disclose it because because they could allow Boeing to sier. That document was central to the he purportedly interpreted a Senate hire, pay, and fire the certifiers, but at fake collusion narrative, and it report- Commerce Committee questionnaire as some level, it meant that Boeing then edly used Russian Government sources asking about ‘‘my personal conduct in effect controls the safety and scru- for information. and my behavior both in general and as tiny supposedly exercised by an inde- So the Democrats paid for a docu- an officer of a large public company or pendent FAA. That independence is ment created by a foreign national any instance in which I was named as critically important. that relied on Russian Government

VerDate Sep 11 2014 03:19 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.039 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5008 CONGRESSIONAL RECORD — SENATE July 23, 2019 sources. Let’s also not forget about was necessary to complete the inves- I was in Austin, at home, on the tele- news reports that the Democratic Na- tigation; and fourth, the fact that the phone talking to then-Governor Perry, tional Committee interfaced with the memo was never sent. now the Secretary of Energy. My wife Government of Ukraine to try and get So, with great emphasis, how could got my attention and said: Hold on. dirt on Candidate Trump—not Trump the Obama administration’s FBI finish You are going to want to see this. but the Democrats. Now that is the the investigation if they never got ac- I turned to look at the television just definition of collusion. Maybe that is cess to all potentially relevant infor- as the second airplane hit the World why the Democrats seem totally unin- mation? Trade Center. I don’t have to tell you; terested in figuring out the origins of Now, there ought to be great Demo- we all remember the heartbreak, con- the Russian investigation because they cratic outrage at that apparent failure, fusion, and anger that welled up in all were a prime mover in making it all and there doesn’t seem to be. Will of us as we saw those images. happen. Democrats ask the Justice Department In the days and months and years Now they have asked the Justice De- for all underlying information relating since the attack, we vowed as a nation partment to produce the Mueller re- to Hillary Clinton’s investigation? to ‘‘never forget’’ the events of Sep- port’s underlying evidence, including Then there is another example. What tember 11. I think that is one of the all intelligence-related information. I about the case called Uranium One? I pivotal moments in our Nation’s his- agree with the need to see as much in- have been pushing for years for more tory. We will never forget the 3,000 formation as possible. In fact, I have answers about this transaction that al- lives that were lost that day, the loved cosponsored a bill that would do just lowed the Russian Government to ac- ones they left behind, or the courage that, but the Democrats’ fury over quire U.S. uranium assets. I have re- demonstrated by the brave first re- Mueller’s findings and their incon- ceived classified as well as unclassified sponders who came from across the sistent positions makes me think all of briefings about this matter. country to help in the aftermath of My staff recently went to FBI head- this is more about politics than prin- those horrific attacks. quarters to review additional classified ciple. Today, Members of the Senate had an material, and I have identified some As I have said repeatedly, to guard opportunity to vote on legislation to FBI intelligence reports that may shed against political gamesmanship, there turn that promise to ‘‘never forget’’ more light on the Uranium One trans- is only one legitimate way to do this. into something tangible. I am proud action. However, the Attorney General Let’s see all the documents, every one that we have now permanently author- has refused to provide access to those of the documents; meaning, that if ized the 9/11 Victim Compensation other documents. Congress is going to review the Mueller Well, if the Democrats demand intel- Fund. This fund was created to support report’s underlying information, it ligence-related information from the those who answered the Nation’s call should be able to review information Justice Department regarding the to help on 9/11 and in the months that relating to how—absolutely how the Mueller report, there should be no rea- followed that attack. Now, nearly 18 years later, first re- Russia investigation started. Anything son whatsoever why they shouldn’t do less will fail to provide the full picture. the same for Uranium One. sponders from across the country are Furthermore, to be very consistent, The American people rightly ought being diagnosed with cancers, res- we shouldn’t stop at the Russia inves- to expect something as simple as con- piratory diseases, and other illnesses tigation. The Democrats want all of sistency. If you aren’t consistent with because of their dangerous work on the Mueller information but seem to be what you ask for, then you will not that day. For them, each day serves as turning a very blind eye to other inves- have any credibility. a tragic reminder of the heartbreaking tigations where Congress, as well as My attitude and approach is straight- images most of us just witnessed on a the public, have yet to see it all. Again, forward and nonpartisan. Let’s see it television screen. that leads me to believe that their re- all—Russia, Clinton, Uranium One, all The legislation we passed today is quest for Mueller-related documents is of it. As I said on April 8, sunlight is the Never Forget the Heroes: Perma- a political ploy. the best disinfectant. nent Authorization of the 9/11 Victim Take, for example, the Clinton inves- As we listen to and watch tomorrow’s Compensation Fund Act. As the name tigation. As I have written about pub- testimony going on in the House of suggests, it permanently authorizes licly before, the Justice Department Representatives, with Mueller coming funding to support those American he- inspector general produced to Congress back to tell us probably nothing new roes who led lifesaving recovery oper- a highly classified document relating because he said he isn’t going to say ations following the attacks on 9/11. As to this Clinton investigation. That doc- anything that isn’t already in the 448- I suggested, many of the diseases that ument raises additional questions for page report, let’s keep that in mind. affect these men and women, such as the FBI and the Justice Department. Let’s see all of it—Russia, Clinton, cancers and respiratory diseases, may These agencies ought to produce addi- Uranium One, as well as anything the not have become apparent for years tional information to Congress and an- Democrats are asking for in regard to after 9/11. It is the nature of these dis- swer these questions to provide full ac- the Mueller report. eases. counting of what transpired. I suggest the absence of a quorum. Ensuring the longevity of this fund is Here is an excerpt, then, from the in- The PRESIDING OFFICER. The critical to providing these heroes with spector general’s unclassified report on clerk will call the roll. the resources they need, whether that the Clinton investigation: The bill clerk proceeded to call the life-changing diagnosis comes today or ‘‘Although the Midyear team [that roll. 50 years from now. It is part of our happens to be the code word for the Mr. CORNYN. Madam President, I commitment as Americans to support Clinton investigation] drafted a memo- ask unanimous consent that the order our first responders and the heroes who randum to the Deputy Attorney Gen- for the quorum call be rescinded. ran not away from but toward the dan- eral late May 2016 stating that review The PRESIDING OFFICER. Without ger on that fateful day. of the highly classified material was objection, it is so ordered. Throughout my time in the Senate, I necessary to complete the investiga- 9/11 VICTIM COMPENSATION FUND have worked to support our first re- tion and requesting permission to ac- Mr. CORNYN. Madam President, for sponders who were there for our com- cess them, the FBI never sent this re- every American who is old enough to munities during the most difficult quest to the Department.’’ remember, the attacks of September times. The 9/11 first responders rep- So this tells us four things. One, the 11, 2001, can be recalled as if they hap- resent the very best of America, and FBI apparently was aware of highly pened yesterday. It is one of those rare, they deserve every ounce of assistance classified information potentially rel- almost generational moments that we are able to provide. evant to the Clinton investigation in stand in the forefront of our Nation’s This legislation received 402 votes in its possession; secondly, that the FBI collective memory. I am confident that the House of Representatives and 97 drafted a memo in May of 2016 to get if we lined up all 100 Members of the votes here in the Senate, something access to the information; three, that Senate and asked them where they nearly unheard of these days. I appre- memo said review of the information were that morning, they could tell you. ciate our colleagues who have been

VerDate Sep 11 2014 03:19 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.041 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5009 working to get this legislation passed mittee overwhelmingly passed a bipar- would lower Federal spending by more to provide these men and women with tisan bill to reduce out-of-pocket than one-half billion dollars over 10 some peace of mind. I am proud to be healthcare costs and increase trans- years. This is just the savings to the one of the cosponsors, and I am now parency and eliminate surprise medical Federal Government under Medicare glad it is headed to the President’s bills. A few weeks ago, the Senate Ju- and Medicaid. There would undoubt- desk for his signature. diciary Committee, on which I serve, edly be additional significant savings PRESCRIPTION DRUG COSTS unanimously reported out legislation for consumers with private health in- Madam President, a survey last sum- that would keep pharmaceutical com- surance. mer found that many Texans are strug- panies from gaming the patent system. The Affordable Prescriptions for Pa- gling to afford the rising cost of their All of these reforms are intended to tients Act does not prevent manufac- healthcare. Three out of five surveyed repair the problems that exist without turers from making improvements to reported forgoing or postponing care completely leveling the existing their products, and it doesn’t limit pat- because of the cost barrier. That in- healthcare system. For example, the ent rights. It also doesn’t hamper inno- cludes cutting their pills in half, skip- package that passed the Judiciary vation, and it doesn’t spend money we ping doses, or not filling a prescription Committee included a proposal I intro- don’t have on a system we don’t really because they simply couldn’t afford to duced with our colleague from Con- want. It simply stops those who know- do so. With healthcare costs on the necticut, Senator BLUMENTHAL, called ingly game and abuse our patent sys- rise, things aren’t expected to get any the Affordable Prescriptions for Pa- tem. easier unless we do something about it. tients Act. This bill takes aim at two Our country is proudly a leader in The Centers for Medicare and Med- practices often deployed by pharma- pharmaceutical innovation, partly be- icaid Services estimated that between ceutical companies to stomp out com- cause we offer robust protection for in- 2018 and 2027, customers can expect to petition and protect their bottom line. tellectual property. When you create a see prescription drug spending increase First, this bill targets a practice new drug, you are granted a patent, an by an average of 6.1 percent a year. called product hopping. When a com- exclusive right to sell that drug for a That is a faster increase than hospital pany is about to lose exclusivity of a period of years. But this legislation en- stays, doctors’ visits, or any other product—that is, when their patent is sures that those who game the sys- healthcare expenditure. There seems to about ready to run out—they often de- tem—the bad actors—are no longer be bipartisan agreement that some- velop some sort of minor reformulation able to take advantage of these innova- thing must be done. But the real ques- and then yank the original patented tion protections in order to maintain tion is what that something is: What drug off the market. That prevents ge- their monopolies at the expense of the are your ideas about how to make that neric competition. There is no doubt American people after their patent something a reality? that legitimate changes have war- should have expired. Many of our progressive Democratic ranted a new patent, but, too fre- I believe there is more we can do to friends have embraced Medicare for All quently, we are seeing this deployed as improve our healthcare system and as the solution to the problems that a strategy to box out generic competi- bring down out-of-pocket costs for the exist in our healthcare delivery sys- tion. American people, but instead of tearing tem. Their proposal, though, would About 90 percent of the drugs we all down the whole house, let’s make the kick about 180 million Americans off of take are generic and not branded drugs repairs we actually need. their private insurance and force them under a patent. That means we get less ORDER OF PROCEDURE into one big government-run plan. It expensive drugs that are just as effec- Mr. CORNYN. Madam President, I would drain the vital program that tive as the original branded product. ask unanimous consent that notwith- seniors have relied upon for more than That is the way our system is supposed standing rule XXII, the postcloture a century and replace it with a wa- to work, by making generic drugs more time on the Dickson nomination expire tered-down version that would result in readily available and affordable. By de- at 11 a.m. on Wednesday, July 24; fur- long waiting lines for inferior care. The fining product hopping as anti-com- ther, that following the disposition of government would tell you what clinic petitive behavior, the Federal Trade the Dickson nomination, the Senate you had to go to, what doctor you Commission would be able to take ac- vote on the cloture motions for the could see, and what prescriptions you tion against those who engage in this Berger and Buescher nominations; fi- could actually take. You would lose practice. nally, that if cloture is invoked, the your freedom and power to decide what Our bill would also target something Senate vote on the confirmations of is best for you and your family when it known as patent thicketing by limiting those nominations in the order listed comes to your healthcare. You would the patents companies can use to keep at 3 p.m. and, if any of the nominations have to simply take what you could get competitors away. Some drug compa- are confirmed, the motions to recon- on somebody else’s schedule. nies like to layer on patent after pat- sider be considered made and laid on Last but not least, Medicare for All ent in an attempt to make it virtually the table and the President be imme- would completely bankrupt our coun- impossible for biosimilar manufactur- diately notified of the Senate’s action. try. I think this approach is akin to ers to bring a competing product to The PRESIDING OFFICER. Is there having a pipe burst in your house, but market. While the patent on the actual objection? instead of repairing it, tearing the drug formula may have expired, there Without objection, it is so ordered. whole thing down and rebuilding it are still, in some cases, hundreds of f from scratch. It is unaffordable. It is other patents to sort through that dis- LEGISLATIVE SESSION unpopular. It is unnecessary and goes courage competition. against all logic. This bill would limit the number of Don’t get me wrong. Our healthcare patents these companies can use and MORNING BUSINESS system is not perfect, but Medicare for streamline the litigation process so Mr. CORNYN. Madam President, I All is actually worse, and it would cre- that companies are spending less time ask unanimous consent that the Sen- ate more problems than it would solve. in the courtroom and, hopefully, more ate proceed to legislative session and Instead, I support targeted reforms time in the laboratory developing life- be in a period of morning business, that have been offered by a number of saving innovative drugs. Competitors with Senators permitted to speak our colleagues here—most on a bipar- would be able to resolve patent dis- therein for up to 10 minutes each. tisan basis—to lower healthcare costs putes faster and bring their drugs to The PRESIDING OFFICER. Without and to give people more choices in market sooner. Of course, better com- objection, it is so ordered. terms of what fits their needs the best. petition means better prices for pa- f On Thursday, the Senate Finance Com- tients. mittee will be marking up a package of It is also good news for taxpayers. NOMINATION OF ELIZABETH bills that will aim to reduce prescrip- Just last week, we received the cost es- DARLING tion drug costs for seniors and families. timate of this bill from the Congres- Mr. WYDEN. Mr. President, today I Last month, the Senate HELP Com- sional Budget Office, and they found it am lifting my hold on the nomination

VerDate Sep 11 2014 03:19 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.042 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5010 CONGRESSIONAL RECORD — SENATE July 23, 2019 of Elizabeth Darling to be Commis- the boats that helped win WWII. It has RECOGNIZING CHEMTRACK sioner on Children, Youth, and Fami- so much historical value, and now it ALASKA lies at the Department of Health and builds the tallest timber—our future ∑ Mr. SULLIVAN. Mr. President, this Human Services. leaders. And as Scouts walk by the week, I have the opportunity to intro- I will not object to any unanimous newly dedicated bronze tribute in duce the U.S. Senate Small Business of consent request concerning the nomi- honor of Steve’s legacy, it is my hope the Week. Small businesses provide es- nation of Ms. Darling at this time. they are inspired by the man who has sential services to our Nation’s com- Please remove my hold from the back surrounded them with opportunities munities. In my home State of Alaska, of the Executive Calendar in the sec- here in West Virginia. I have seen firsthand small businesses tion titled Notice of Intent to Object. The Conservation Center will offer that contribute to the local economy f hands-on exhibits, projects, and a lab- and step in when a community is in need. It is my honor to name ADDITIONAL STATEMENTS oratory for Scouts and youth to further understand and promote conservation ChemTrack Alaska of Anchorage, AK, efforts. This project is being designed as the Senate Small Business of the TRIBUTE TO STEVE ANTOLINE and built by Steve, along with collabo- Week. ChemTrack was founded as a con- ∑ Mr. MANCHIN. Mr. President, it is rative efforts from the Boy Scouts of America and West Virginia University. struction company by Sig Jokiel in an honor to recognize the legacy of 1973. Shortly after its inception, the Steve Antoline as fearless leader in Beyond the camp, Steve has contrib- company shifted focus and rebranded business, a dedicated philanthropist, uted greatly to the surrounding region. itself into an environmental services and a proud West Virginian who has He has founded and operated various and engineering company when Chuck made substantial contributions to our companies that include operations in Ronan joined the team in 1985. After home State. natural gas, production, excavation, studying business at the University of One of the greatest milestones we contracting, property development and New Hampshire, Sig’s daughter, Carrie, achieved when I was West Virginia’s biosciences research companies. joined the company in 2002. Carrie, who Governor was when the Boy Scouts of Among his many accomplishments for became the company’s majority part- America committed to bringing a West Virginia is Superior Highwall ner in 2010, brought business expertise world-class scouting facility to the Miners, Inc., a business based in Beck- and project management skills to Mountain State, and Steve was a vital ley that grew into the world’s largest ChemTrack. Throughout the com- part of that process. Today, the Sum- manufacturer of highwall mining pany’s 46-year history, it has con- mit Bechtel Reserve is homebase every equipment. His efforts brought in tracted with the U.S. Air Force, Alaska 4 years for tens of thousands of Boy countless jobs and showcased West Vir- Railroad Corporation, Bureau of Indian Scouts from across the country. I as- ginia’s vast potential across the globe. Affairs, National Oceanic and Atmos- sembled government officials, business Steve serves as cochairman of the pheric Administration, BP, Exxon, and many other government institutions leaders, and private volunteers into new WVU Children’s Hospital Building and businesses. In 2019, ChemTrack was what I called the West Virginia Project Campaign and also serves on the hos- awarded the Women-Owned Small Arrow Task Force in order to convince pital’s advisory board. He is the owner Business of the Year Award by the SBA the National Executive Board of the of New River Labs, LLC and KEM Re- Boy Scouts of America of what we al- in recognition of its outstanding search Group, LLC, a cancer research achievements. ready knew—that the ideal place for company performing state-of-the-art this facility was in the adventurous ChemTrack’s commitment to devel- diagnostic services for esophageal, cer- oping creative environmental engineer- terrains and magnificent mountains of vical, melanoma, pancreatic, prostate, West Virginia. The Boy Scouts and ing solutions enables the company to and many other forms of cancer. At contribute to local projects in Alaska’s West Virginia truly are a perfect Summit Resources, Inc., Steve serves match—an organization that builds great outdoors. As a successful con- as owner and president, specializing on tractor and a certified 8(a) economi- character, inspires reverences, and pro- excavation, land management, and in- motes the values of hard work and cally disadvantaged woman-owned vestment. Other organizations he has small business, ChemTrack has com- compassion, and a State whose people been involved with include the Remem- pleted projects for both private busi- live and breathe those values every ber the Miners Organization, the nesses and government clients. day. Norma Mae Huggins Cancer Research ChemTrack helped clean up Alaska’s Steve was able to create and manage Foundation, Summersville Youth Ath- shorelines after the Exxon Valdez oil- so many wonderful programs through letics, Raleigh County, YMCA, Beckley spill in 1989 by developing innovative, the camp. He worked on the Reaching Chamber of Commerce, and the Fay- barge-mounted sweeps to clean sea the Summit Boy Scout Community ette and Nicholas County chapter of water. As a testament to ChemTrack’s Service Initiative, organizing and gar- the American Red Cross. environmental stewardship, the com- nering support for more than 34 Put simply, Steve is a West Vir- pany was awarded a basic ordering projects that utilized countless hours agreement by the U.S. Coast Guard in of community service for Nicholas ginian, through and through. He knows our communities inside and out and 2012, enabling them to provide contain- County. Also in Nicholas County, he ment cleanup and mitigate the harmful serves as the chairman of the Young has strived throughout his endeavors to give back to the people of West Vir- effects of oil spills and hazardous sub- Life Wild Ridge Camp Executive Com- stance incidents all over the state of mittee and also as a sponsor of the ginia, particularly to our future lead- ers. He has a passion for providing our Alaska. Young Life organization for the coun- Carrie is renowned as an advocate for State’s youth with every opportunity ty. With Steve’s input, Young Life is small businesses at both the Federal possible to achieve success. With currently in the early stages of build- and State level. During her testimony thanks to his efforts at Summit Bech- ing the Wild Ridge Camp, which will in front of the Senate Committee on host more than 22,000 children per year, tel and beyond, countless opportunities Small Business and Entrepreneurship providing educational opportunities to have been created and will continue to in June 2018, Carrie discussed the develop leadership skills, civic respon- come to fruition in the days and years SBA’s contracting programs and pro- sibility, and moral values. ahead. vided insight on her experience oper- As one of the founding fathers of the I wish the very best for Steve and his ating a woman-owned small business. Summit Bechtel Reserve Scout Camp, I family: his wife, Jamie; his children, As a graduate of the SBA Emerging cannot think of a more fitting tribute Emily, Madison, and Kristopher; and Leaders program, Carrie is very active to his legacy than the Steve Antoline his grandchildren Nina and Hunter. I in her community and even mentors Family Conservation Center and Trail. am honored to join them and all West other Alaskan businesses through the The coal from that property helped Virginians in celebrating Steve’s life- Women’s Power League of Alaska. Car- build the Panama Canal. The timber long commitment to excellence in the rie’s distinction as a local leader is evi- that from that property helped build Mountain State.∑ denced by her inclusion in the Alaska

VerDate Sep 11 2014 03:19 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.010 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5011 Journal of Commerce’s Top 40 Under 40 ment left a deep and lasting impact on MESSAGE FROM THE HOUSE list of 2014 and her selection as the 2018 Paul, who felt an instant bond with his At 10:02 a.m., a message from the Enterprising Women of the Year fellow servicemembers. House of Representatives, delivered by Award. Paul arrived in Vietnam in early 1968 Mrs. Cole, one of its reading clerks, an- Back home in Alaska, Carrie serves with this sentiment in mind. That nounced that pursuant to 29 U.S.C. 780, on the Associated General Contractors year, he fought—and survived—a num- the Minority Leader appoints the fol- ber of attacks, including one of the board of directors, as well as the lowing member to the National Council largest military campaigns of the Viet- Boards for Women Impacting Public on Disability: Mr. Jim Baldwin of Ba- nam war, the Tet Offensive. Policy and the Alaska State Hockey kersfield, California. Association. She also completed a 6- He also showed incredible courage f year term with YWCA, where she when his convoy came under attack served as president for 2 years, and is a near Lai Khe. While heavily engaged REPORTS OF COMMITTEES member of the Society of American with the enemy, Paul put his own life The following reports of committees on the line by jumping out of his mili- Military Engineers and National Con- were submitted: tracting Management Association. Car- tary vehicle to encourage the convoy to keep moving. His heroic act helped By Mr. BARRASSO, from the Committee rie’s abilities as an athlete com- on Environment and Public Works: plement her business skills. She was the U.S. facilitate a counterattack Report to accompany S. 349, a bill to re- against the Viet Cong, ultimately inducted into the Sports Hall of Fame quire the Secretary of Transportation to re- clinching an important victory. Paul’s at the University of New Hampshire in quest nominations for, and make determina- heroism did not go without recogni- tions regarding, roads to be designated under 2014 and served as an Ambassador for tion—he received a Bronze Star, with a the national scenic byways program, and for Women’s Ice Hockey in Fast and Fe- ‘‘V’’ for Valor on August 20, 1968 for his other purposes (Rept. No. 116–61). male International Program. leadership. Report to accompany S. 1014, a bill to es- ChemTrack has successfully pursued After retiring from Active Duty in tablish the Route 66 Centennial Commission, a two-pronged mission of profit and 1970, Paul returned to Montana to work and for other purposes (Rept. No. 116–62). stewardship. By employing its engi- Report to accompany S. 1689, a bill to per- for the Milwaukee Railroad. He also mit States to transfer certain funds from the neering proficiency to aid in disaster continued his devotion to service by recovery, ChemTrack has shown us clean water revolving fund of a State to the becoming a recruiter for the Montana drinking water revolving fund of the State in what can be achieved when individuals National Guard. certain circumstances, and for other pur- and businesses apply their specific When he retired from the Army, Paul poses (Rept. No. 116–63). skills to help better their community. attended the University of Montana. Report to accompany S. 1833, a bill to ChemTrack has grown from a small He graduated in 1996 and began work- transfer a bridge over the Wabash River to construction company to a successful ing for U.S. Customs and Border Pro- the New Harmony River Bridge Authority environmental engineering contractor tection in Missoula and Sweet Grass and the New Harmony and Wabash River with a clear track record of community Bridge Authority, and for other purposes and in Washington State as a Port Di- (Rept. No. 116–64). involvement. I am honored to recognize rector. In total, Paul has given the Na- By Mr. GRAHAM, from the Committee on Carrie and the entire team at tion over 20 years of Federal Service the Judiciary, with an amendment in the na- ChemTrack Alaska as the Senate and continues to serve the Nation in a ture of a substitute: Small Business of the Week, and I look different capacity today, as a volunteer S. 1883. A bill to improve the prohibitions forward to watching your continued for Team Rubicon. on money laundering, and for other purposes. growth and success.∑ Paul and his wife, Fran, have been f happily married for 48 years. Together, f INTRODUCTION OF BILLS AND they have a son, Mahlon Patrick, and a JOINT RESOLUTIONS TRIBUTE TO MAHLON PAUL daughter, Michelle, as well as two MANSON grandchildren. The following bills and joint resolu- ∑ Mr. TESTER. Mr. President, I rise Although Paul has undeniably led an tions were introduced, read the first today to honor Mahlon Paul Manson, a eventful life, he humbly maintains that and second times by unanimous con- Montanan and decorated veteran of the he is simply doing his job. ‘‘Life is a sent, and referred as indicated: Vietnam war. buffet’’ he says, a perfect idiom for how By Mr. BLUNT (for himself, Ms. KLO- Montanans and all Americans owe he is able to make the most of the op- BUCHAR, Mr. GARDNER, and Ms. COR- Paul the deepest gratitude for his serv- portunities that come his way. TEZ MASTO): S. 2203. A bill to extend the transfer of ice to this Nation. I have the profound honor of pre- senting Paul with his military honor. Electronic Travel Authorization System fees Paul was born in San Diego, CA, on from the Travel Promotion Fund to the Cor- September 17, 1948. When he was in For his bravery in the line of duty, Mahlon Paul Manson is receiving a poration for Travel Promotion (Brand USA) first grade, his mother and three sis- through fiscal year 2027, and for other pur- ters moved to Deer Lodge, MT, where Bronze Star Medal with a ‘‘V’’ for poses; to the Committee on Commerce, he spent his youth. Paul completed Valor. This medal serves as a small Science, and Transportation. high school in 1967 and enlisted in the token of our country’s appreciation for By Mr. CRAPO (for himself and Ms. Army immediately following gradua- his service and profound sacrifice. Paul KLOBUCHAR): S. 2204. A bill to allow the Federal Commu- tion. is an American hero and has made Montana proud.∑ nications Commission to carry out a pilot During the summer of 1967, Paul program under which voice service providers f worked for the Forest Service shortly could block certain automated calls, and for before starting military training at MESSAGE FROM THE PRESIDENT other purposes; to the Committee on Com- Fort Lewis, WA. He also received ad- A message from the President of the merce, Science, and Transportation. By Mr. CASEY (for himself, Mr. vanced training to be a combat engi- United States was communicated to BROWN, Mr. KAINE, Mr. WARNER, and neer at Fort Leonard Wood, MO. the Senate by Ms. Roberts, one of his Before leaving for Vietnam, Paul re- Mr. MANCHIN): secretaries. S. 2205. A bill to ensure that claims for turned home for 2 weeks where he got f benefits under the Black Lung Benefits Act a glimpse into the strength of shared are processed in a fair and timely manner, to ideals. When he landed at the airport, EXECUTIVE MESSAGE REFERRED better protect miners from pneumoconiosis his bus was not scheduled to arrive for As in executive session the Presiding (commonly known as ‘‘black lung disease’’ ), 6 more hours. Not one to wait idly by, Officer laid before the Senate a mes- and for other purposes; to the Committee on Paul decided to try his luck hitch- sage from the President of the United Health, Education, Labor, and Pensions. hiking home. States submitting a nomination which By Mr. TILLIS (for himself and Mr. In a moment of serendipity and DURBIN): was referred to the Committee on S. 2206. A bill to express the sense of Con- brotherhood, a military car driving by Armed Services. gress regarding restoration and maintenance saw Paul walking along the side of the (The message received today is print- of the Mardasson Memorial in Bastogne, Bel- road in his uniform, offered to give him ed at the end of the Senate pro- gium; to the Committee on Energy and Nat- a ride, and drove him home. This mo- ceedings.) ural Resources.

VerDate Sep 11 2014 03:19 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.012 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5012 CONGRESSIONAL RECORD — SENATE July 23, 2019 By Ms. HASSAN (for herself and Mr. sociated States lawfully residing in the S. 2229. A bill to protect consumers from TILLIS): United States under the Compacts of Free deceptive practices with respect to online S. 2207. A bill to amend the Internal Rev- Association between the Government of the booking of hotel reservations, and for other enue Code of 1986 to expand refundability and United States and the Governments of the purposes; to the Committee on Commerce, increase simplification of the research credit Federated States of Micronesia, the Republic Science, and Transportation. for certain small businesses; to the Com- of the Marshall Islands, and the Republic of By Mr. MURPHY: mittee on Finance. Palau; to the Committee on Finance. S. 2230. A bill to amend the Internal Rev- By Mr. SCOTT of Florida: By Ms. HARRIS (for herself, Mr. enue Code of 1986 to increase the dollar limi- S. 2208. A bill to require online retailers to BLUMENTHAL, Ms. WARREN, Mrs. tation on the exclusion for employer-pro- prominently disclose product country-of-ori- GILLIBRAND, Mr. MARKEY, and Mr. vided dependent care assistance; to the Com- gin information, and for other purposes; to MERKLEY): mittee on Finance. the Committee on Commerce, Science, and S. 2219. A bill to clarify the rights of all By Mr. BOOKER: Transportation. persons who are held or detained at a port of S. 2231. A bill to establish American oppor- By Mrs. HYDE–SMITH (for herself and entry or at any detention facility overseen tunity accounts, to modify estate and gift Mr. KENNEDY): by U.S. Customs and Border Protection or tax rules, to reform the taxation of capital S. 2209. A bill to amend the Magnuson-Ste- U.S. Immigration and Customs Enforcement; income, and for other purposes; to the Com- vens Fishery Conservation and Management to the Committee on the Judiciary. mittee on Finance. Act to establish a safety net program for By Mr. GRASSLEY (for himself, Mr. By Ms. KLOBUCHAR: commercial fishermen and aquaculture pro- LEAHY, Mr. CORNYN, and Mrs. FEIN- S. 2232. A bill to amend the Federal Elec- ducers; to the Committee on Commerce, STEIN): tion Campaign Act of 1971 to reduce the Science , and Transportation. S. 2220. A bill to modify the exemption for number of members of the Federal Election By Ms. DUCKWORTH (for herself and trade secrets and commercial or financial in- Commission from 6 to 5, to revise the method Mr. DURBIN): formation in the Freedom of Information of selection and terms of service of members S. 2210. A bill to amend the Federal Water Act, and for other purposes; to the Com- of the Commission, to distribute the powers Pollution Control Act to prohibit sewage mittee on the Judiciary. of the Commission between the Chair and dumping into the Great Lakes, and for other By Ms. HARRIS: the remaining members, and for other pur- purposes; to the Committee on Environment S. 2221. A bill to prohibit the expansion of poses; to the Committee on Rules and Ad- and Public Works. immigration detention facilities, to improve ministration. By Mr. MANCHIN: the oversight of such facilities, and for other By Mr. SCHATZ (for himself, Mr. DUR- S. 2211. A bill to amend title 40, United purposes; to the Committee on Homeland Se- BIN, Mrs. MURRAY, Mrs. FEINSTEIN, States Code, to authorize the expansion of curity and Governmental Affairs. Mr. REED, Mr. BROWN, Mr. BOOKER, the Appalachian development highway sys- By Mr. BRAUN: Mr. BLUMENTHAL, Mrs. GILLIBRAND, tem; to the Committee on Environment and S. 2222. A bill to prohibit the Export-Im- Mr. KAINE, Mr. BENNET, Ms. KLO- Public Works. port Bank of the United States from pro- BUCHAR, Ms. HIRONO, and Ms. By Mr. RUBIO (for himself and Mr. viding financing to persons with seriously DUCKWORTH): SULLIVAN): delinquent tax debt; to the Committee on S. 2233. A bill to nullify the effect of the re- S. 2212. A bill to require the Commandant Banking, Housing, and Urban Affairs. cent executive order that requires Federal of the Coast Guard to take certain steps to By Mr. GARDNER (for himself, Ms. agencies to share citizenship data; to the improve Coast Guard shore infrastructure, HASSAN, Mr. RUBIO, Ms. CORTEZ Committee on Homeland Security and Gov- and for other purposes; to the Committee on MASTO, Mrs. CAPITO, Ms. BALDWIN, ernmental Affairs. Commerce, Science, and Transportation. and Mr. DAINES): By Mr. ROUNDS (for himself and Mr. By Mr. GARDNER (for himself and Mr. S. 2223. A bill to facilitate a national pipe- PETERS): BENNET): line of spectrum for commercial use, and for S. 2234. A bill to establish a consortia of S. 2213. A bill to require the Secretary of other purposes; to the Committee on Com- universities to advise the Secretary of De- Transportation to repay the credit risk pre- merce, Science, and Transportation. fense on cybersecurity matters, and for other miums paid with respect to certain railroad By Mr. BLUMENTHAL (for himself and purposes; to the Committee on Armed Serv- infrastructure loans after the obligations at- Mr. CRUZ): ices. tached to such loans have been satisfied; to S. 2224. A bill to amend section 214(c)(8) of By Ms. WARREN: the Committee on Commerce, Science, and the Immigration and Nationality Act to S. 2235. A bill to discharge the qualified Transportation. modify the data reporting requirements re- loan amounts of each individual, and for By Ms. COLLINS (for herself and Mr. lating to nonimmigrant employees, and for other purposes; to the Committee on Fi- CARDIN): other purposes; to the Committee on the Ju- nance. S. 2214. A bill to amend the Internal Rev- diciary. By Mr. BOOKER (for himself, Ms. HAR- enue Code of 1986 to provide a better defined By Ms. HARRIS (for herself, Mrs. FEIN- RIS, Mr. BLUMENTHAL, Mr. MARKEY, recruitment and retention incentive pro- STEIN, and Ms. WARREN): Mr. UDALL, Mr. DURBIN, Ms. gram for volunteer emergency service work- S. 2225. A bill to provide for the basic needs DUCKWORTH, Mr. SANDERS, Mr. ers; to the Committee on Finance. of students at institutions of higher edu- MERKLEY, Ms. WARREN, Mr. CARPER, By Mr. BOOKER (for himself and Ms. cation; to the Committee on Health, Edu- Mr. SCHATZ, and Mr. VAN HOLLEN): WARREN): cation, Labor, and Pensions. S. 2236. A bill to require Federal agencies S. 2215. A bill to prohibit agreements be- By Ms. KLOBUCHAR (for herself, Mr. to address environmental justice, to require tween employers that directly restrict the CASEY, Mr. COONS, Mrs. FEINSTEIN, consideration of cumulative impacts in cer- current or future employment of any em- Ms. SMITH, Mr. VAN HOLLEN, and Mr. tain permitting decisions, and for other pur- ployee; to the Committee on Health, Edu- SANDERS): poses; to the Committee on Environment and cation, Labor, and Pensions. S. 2226. A bill to require States to carry Public Works. By Mr. PETERS (for himself and Mrs. out congressional redistricting in accordance By Ms. KLOBUCHAR (for herself and BLACKBURN): with plans developed and enacted into law by Mr. BLUMENTHAL): S. 2216. A bill to require the Secretary of independent redistricting commissions, and S. 2237. A bill to authorize the Department Veterans Affairs to formally recognize care- for other purposes; to the Committee on the of Justice and the Federal Trade Commission givers of veterans, notify veterans and care- Judiciary. to seek civil monetary penalties to deter vio- givers of clinical determinations relating to By Ms. HARRIS (for herself, Mr. BOOK- lations of section 2 of the Sherman Act, and eligibility for caregiver programs, and tem- ER, Mr. MERKLEY, Mr. WYDEN, and for other purposes; to the Committee on the porarily extend benefits for veterans who are Ms. WARREN): Judiciary. determined ineligible for the family care- S. 2227. A bill to decriminalize and By Ms. KLOBUCHAR (for herself and giver program, and for other purposes; to the deschedule cannabis, to provide for reinvest- Mr. WYDEN): Committee on Veterans’ Affairs. ment in certain persons adversely impacted S. 2238. A bill to protect elections for pub- By Mr. CASEY: by the War on Drugs, to provide for lic office by providing financial support and S. 2217. A bill to amend the Fair Labor expungement of certain cannabis offenses, enhanced security for the infrastructure Standards Act of 1938 to provide that over- and for other purposes; to the Committee on used to carry out such elections, and for the-road bus drivers are covered under the Finance. other purposes; to the Committee on Rules maximum hours requirements; to the Com- By Mr. PORTMAN (for himself, Mr. and Administration. mittee on Health, Education, Labor, and BROWN, Mr. COTTON, Mr. CORNYN, and By Ms. KLOBUCHAR: Pensions. Mr. CRUZ): S. 2239. A bill to codify an Executive order By Ms. HIRONO (for herself and Mr. S. 2228. A bill to posthumously advance preparing the United States for the impacts SCHATZ): Lieutenant Colonel Richard E. Cole, United of climate change, and for other purposes; to S. 2218. A bill to amend title IV of the Per- States Air Force, to colonel on the retired the Committee on Environment and Public sonal Responsibility and Work Opportunity list; to the Committee on Armed Services. Works. Reconciliation Act of 1996 to restore Med- By Mr. DAINES (for himself and Ms. By Ms. KLOBUCHAR (for herself, Mr. icaid coverage for citizens of the Freely As- KLOBUCHAR): BENNET, Ms. SMITH, and Mr. PETERS):

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S. 2240. A bill to promote digital citizen- SHELBY, Ms. SINEMA, Ms. SMITH, Ms. S. 481 ship and media literacy; to the Committee STABENOW, Mr. SULLIVAN, Mr. At the request of Ms. KLOBUCHAR, the on Health, Education, Labor, and Pensions. TESTER, Mr. THUNE, Mr. TILLIS, Mr. name of the Senator from Minnesota By Mr. HEINRICH (for himself and Ms. TOOMEY, Mr. UDALL, Mr. VAN HOL- (Ms. SMITH) was added as a cosponsor MCSALLY): LEN, Mr. WARNER, Ms. WARREN, Mr. of S. 481, a bill to encourage States to S. 2241. A bill to provide for a study on the WHITEHOUSE, Mr. WICKER, Mr. WYDEN, protection of Native American seeds and tra- and Mr. YOUNG): require the installation of residential ditional foods, and for other purposes; to the S. Res. 282. A resolution honoring former carbon monoxide detectors in homes, Committee on Indian Affairs. Associate Justice John Paul Stevens of the and for other purposes. By Mr. WARNER (for himself, Mrs. Supreme Court of the United States; consid- S. 518 SHAHEEN, Mr. REED, Mr. KING, Mr. ered and agreed to. At the request of Ms. CANTWELL, the BENNET, and Ms. HARRIS): f S. 2242. A bill to amend the Federal Elec- name of the Senator from Virginia (Mr. tion Campaign Act of 1971 to clarify the obli- ADDITIONAL COSPONSORS KAINE) was added as a cosponsor of S. gation to report acts of foreign election in- S. 102 518, a bill to amend title XVIII of the fluence and require implementation of com- At the request of Mr. SANDERS, the Social Security Act to provide for pliance and reporting systems by presi- name of the Senator from Minnesota Medicare coverage of certain dential campaigns to detect and report such (Ms. KLOBUCHAR) was added as a co- lymphedema compression treatment acts; to the Committee on Rules and Admin- items as items of durable medical istration. sponsor of S. 102, a bill to significantly lower prescription drug prices for pa- equipment. f tients in the United States by ending S. 524 SUBMISSION OF CONCURRENT AND government-granted monopolies for At the request of Mr. TESTER, the SENATE RESOLUTIONS manufacturers who charge drug prices name of the Senator from Minnesota that are higher than the median prices (Ms. SMITH) was added as a cosponsor The following concurrent resolutions at which the drugs are available in of S. 524, a bill to establish the Depart- and Senate resolutions were read, and other countries. ment of Veterans Affairs Advisory referred (or acted upon), as indicated: S. 157 Committee on Tribal and Indian Af- By Mr. GRAHAM (for himself, Mr. At the request of Mr. CRUZ, the name fairs, and for other purposes. GRASSLEY, Mr. CORNYN, Mr. LEE, Mr. of the Senator from Florida (Mr. S 546 CRUZ, Mr. SASSE, Mr. HAWLEY, Mr. . TILLIS, Ms. ERNST, Mr. CRAPO, Mr. SCOTT) was added as a cosponsor of S. At the request of Mr. CRUZ, his name KENNEDY, and Mrs. BLACKBURN): 157, a bill to amend the Internal Rev- was added as a cosponsor of S. 546, a S. Res. 280. A resolution commending the enue Code of 1986 to permit kinder- bill to extend authorization for the officers and personnel of U.S. Customs and garten through grade 12 educational September 11th Victim Compensation Border Protection for their work during the expenses to be paid from a 529 account. Fund of 2001 through fiscal year 2090, crisis at the Southern border; to the Com- S. 265 and for other purposes. mittee on Homeland Security and Govern- At the request of Mr. RUBIO, the mental Affairs. S. 569 name of the Senator from Texas (Mr. By Mr. BOOKER (for himself and Ms. At the request of Mr. YOUNG, the ORNYN HARRIS): C ) was added as a cosponsor of S. name of the Senator from Texas (Mr. 265, a bill to develop a national strat- S. Res. 281. A resolution committing to ele- CRUZ) was added as a cosponsor of S. vate the voices, leadership, and needs of egy to prevent targeted violence 569, a bill to direct the Secretary of communities that face systemic barriers in through behavioral threat assessment Transportation to issue regulations re- the effort to end sexual violence and support and management, and for other pur- lating to commercial motor vehicle all survivors of sexual violence and gender- poses. based violence, including immigrant sur- drivers under the age of 21, and for S. 283 vivors, survivors who are incarcerated, sur- other purposes. At the request of Mr. CARDIN, the vivors with disabilities, survivors of color, S. 595 name of the Senator from New Jersey American Indian or Alaska Native survivors, At the request of Mr. CASSIDY, the (Mr. MENENDEZ) was added as a cospon- survivors of child sexual abuse, and lesbian, name of the Senator from Mississippi gay, bisexual, transgender, queer, and sor of S. 283, a bill to amend title XVIII (Mr. WICKER) was added as a cosponsor intersex survivors; to the Committee on of the Social Security Act to improve of S. 595, a bill to amend title XVIII of Health, Education, Labor, and Pensions. access to, and utilization of, bone mass the Social Security Act to provide for By Mr. DURBIN (for himself, Ms. measurement benefits under part B of the coordination of programs to pre- DUCKWORTH, Mr. MCCONNELL, Mr. the Medicare program by establishing a SCHUMER, Mr. GRAHAM, Mrs. FEIN- vent and treat obesity, and for other minimum payment amount under such STEIN, Mr. ALEXANDER, Ms. BALDWIN, purposes. Mr. BARRASSO, Mr. BENNET, Mrs. part for bone mass measurement. S. 638 BLACKBURN, Mr. BLUMENTHAL, Mr. S. 331 BLUNT, Mr. BOOKER, Mr. BOOZMAN, At the request of Ms. CORTEZ MASTO, At the request of Mr. CARPER, the Mr. BRAUN, Mr. BROWN, Mr. BURR, the name of the Senator from Min- name of the Senator from New Jersey Ms. CANTWELL, Mrs. CAPITO, Mr. nesota (Ms. KLOBUCHAR) was added as a (Mr. MENENDEZ) was added as a cospon- CARDIN, Mr. CARPER, Mr. CASEY, Mr. cosponsor of S. 331, a bill to amend the sor of S. 638, a bill to require the Ad- CASSIDY, Ms. COLLINS, Mr. COONS, Mr. Home Mortgage Disclosure Act of 1975 ministrator of the Environmental Pro- CORNYN, Ms. CORTEZ MASTO, Mr. COT- to modify the exemptions from certain tection Agency to designate per- and TON, Mr. CRAMER, Mr. CRAPO, Mr. polyfluoroalkyl substances as haz- CRUZ, Mr. DAINES, Mr. ENZI, Ms. disclosure requirements. ardous substances under the Com- ERNST, Mrs. FISCHER, Mr. GARDNER, S. 430 Mrs. GILLIBRAND, Mr. GRASSLEY, Ms. At the request of Mr. CRAPO, the prehensive Environmental Response, HARRIS, Ms. HASSAN, Mr. HAWLEY, names of the Senator from New Mexico Compensation, Liability Act of 1980, Mr. HEINRICH, Ms. HIRONO, Mr. (Mr. HEINRICH) and the Senator from and for other purposes. HOEVEN, Mrs. HYDE-SMITH, Mr. West Virginia (Mrs. CAPITO) were added S. 803 INHOFE, Mr. ISAKSON, Mr. JOHNSON, as cosponsors of S. 430, a bill to extend At the request of Mr. TOOMEY, the Mr. JONES, Mr. KAINE, Mr. KENNEDY, name of the Senator from Florida (Mr. Mr. KING, Ms. KLOBUCHAR, Mr. the Secure Rural Schools and Commu- LANKFORD, Mr. LEAHY, Mr. LEE, Mr. nity Self-Determination Act of 2000. RUBIO) was added as a cosponsor of S. MANCHIN, Mr. MARKEY, Ms. MCSALLY, S. 473 803, a bill to amend the Internal Rev- Mr. MENENDEZ, Mr. MERKLEY, Mr. At the request of Mr. BOOKER, the enue Code of 1986 to restore incentives MORAN, Ms. MURKOWSKI, Mr. MURPHY, name of the Senator from Michigan for investments in qualified improve- Mrs. MURRAY, Mr. PAUL, Mr. PERDUE, (Mr. PETERS) was added as a cosponsor ment property. Mr. PETERS, Mr. PORTMAN, Mr. REED, of S. 473, a bill to amend title 5, United S. 814 Mr. RISCH, Mr. ROBERTS, Mr. ROMNEY, HAHEEN Ms. ROSEN, Mr. ROUNDS, Mr. RUBIO, States Code, to include certain Federal At the request of Mrs. S , the Mr. SANDERS, Mr. SASSE, Mr. SCHATZ, positions within the definition of law name of the Senator from Mississippi Mr. SCOTT of Florida, Mr. SCOTT of enforcement officer for retirement pur- (Mr. WICKER) was added as a cosponsor South Carolina, Mrs. SHAHEEN, Mr. poses, and for other purposes. of S. 814, a bill to amend title XVIII of

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.019 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5014 CONGRESSIONAL RECORD — SENATE July 23, 2019 the Social Security Act to improve ac- of S. 1191, a bill to reauthorize section (Mr. WHITEHOUSE) was added as a co- cess to diabetes outpatient self-man- 340H of the Public Health Service Act sponsor of S. 1590, a bill to amend the agement training services, and for to continue to encourage the expan- State Department Basic Authorities other purposes. sion, maintenance, and establishment Act of 1956 to authorize rewards for S. 921 of approved graduate medical residency thwarting wildlife trafficking linked to At the request of Mr. UDALL, the programs at qualified teaching health transnational organized crime, and for name of the Senator from New Jersey centers, and for other purposes. other purposes. (Mr. MENENDEZ) was added as a cospon- S. 1243 S. 1625 sor of S. 921, a bill to prohibit the use At the request of Mr. BOOKER, the At the request of Mr. WICKER, the of chlorpyrifos on food, to prohibit the name of the Senator from Oregon (Mr. names of the Senator from West Vir- registration of pesticides containing MERKLEY) was added as a cosponsor of ginia (Mrs. CAPITO) and the Senator chlorpyrifos, and for other purposes. S. 1243, a bill to provide standards for from Nebraska (Mrs. FISCHER) were added as cosponsors of S. 1625, a bill to S. 976 facilities at which aliens in the custody promote the deployment of commercial At the request of Mrs. GILLIBRAND, of the Department of Homeland Secu- fifth-generation mobile networks and the name of the Senator from Arizona rity are detained, and for other pur- the sharing of information with com- (Ms. MCSALLY) was added as a cospon- poses. munications providers in the United sor of S. 976, a bill to amend the Higher S. 1253 States regarding security risks to the Education Act of 1965 and the Jeanne At the request of Mrs. FEINSTEIN, the networks of those providers, and for Clery Disclosure of Campus Security name of the Senator from Arkansas other purposes. Policy and Campus Crime Statistics (Mr. BOOZMAN) was added as a cospon- S. 1728 Act to combat campus sexual assault, sor of S. 1253, a bill to apply require- At the request of Mr. MARKEY, the and for other purposes. ments relating to delivery sales of names of the Senator from Mississippi S. 997 cigarettes to delivery sales of elec- (Mr. WICKER) and the Senator from Ne- At the request of Ms. WARREN, the tronic nicotine delivery systems, and for other purposes. vada (Ms. ROSEN) were added as cospon- name of the Senator from Arizona (Ms. sors of S. 1728, a bill to require the S. 1254 MCSALLY) was added as a cosponsor of United States Postal Service to sell the S. 997, a bill to recognize and honor the At the request of Mr. YOUNG, the names of the Senator from North Caro- Alzheimer’s semipostal stamp for 6 ad- service of individuals who served in the ditional years. lina (Mr. BURR) and the Senator from United States Cadet Nurse Corps dur- S. 1737 Wisconsin (Ms. BALDWIN) were added as ing World War II, and for other pur- At the request of Mr. MURPHY, the poses. cosponsors of S. 1254, a bill to require the Secretary of Transportation to re- names of the Senator from Mississippi S. 1039 view and report on certain laws, safety (Mr. WICKER) and the Senator from At the request of Mr. UDALL, the measures, and technologies relating to Minnesota (Ms. KLOBUCHAR) were added name of the Senator from Virginia (Mr. the illegal passing of school buses, and as cosponsors of S. 1737, a bill to WARNER) was added as a cosponsor of S. strengthen parity in mental health and for other purposes. 1039, a bill to limit the use of funds for substance use disorder benefits. S. 1499 kinetic military operations in or S. 1773 At the request of Mr. UDALL, the against Iran. At the request of Mr. SANDERS, the name of the Senator from New Hamp- S. 1086 name of the Senator from Minnesota shire (Mrs. SHAHEEN) was added as a co- (Ms. KLOBUCHAR) was added as a co- At the request of Mr. BOOKER, the sponsor of S. 1499, a bill to establish sponsor of S. 1773, a bill to amend titles name of the Senator from Minnesota National Wildlife Corridors to provide XVIII and XIX of the Social Security (Ms. KLOBUCHAR) was added as a co- for the protection and restoration of Act to make improvements to the sponsor of S. 1086, a bill to establish certain native fish, wildlife, and plant treatment of the United States terri- certain duties for pharmacies to ensure species, and for other purposes. provision of Food and Drug Adminis- tories under the Medicare and Medicaid S. 1528 tration-approved contraception, medi- programs, and for other purposes. At the request of Mr. MURPHY, the cation related to contraception, and for S. 1822 name of the Senator from Illinois (Mr. other purposes. At the request of Mr. WICKER, the DURBIN) was added as a cosponsor of S. names of the Senator from Montana S. 1102 1528, a bill to amend title 31, United (Mr. TESTER), the Senator from Illinois At the request of Mr. MENENDEZ, the States Code, to provide for the issuance name of the Senator from Arizona (Ms. (Ms. DUCKWORTH), the Senator from of Green Bonds and to establish the New Mexico (Mr. UDALL), the Senator MCSALLY) was added as a cosponsor of United States Green Bank, and for S. 1102, a bill to promote security and from Massachusetts (Mr. MARKEY), the other purposes. Senator from Tennessee (Mrs. BLACK- energy partnerships in the Eastern S. 1572 Mediterranean, and for other purposes. BURN) and the Senator from Nebraska At the request of Mr. PORTMAN, the (Mrs. FISCHER) were added as cospon- S. 1141 name of the Senator from Wisconsin sors of S. 1822, a bill to require the Fed- At the request of Ms. STABENOW, the (Ms. BALDWIN) was added as a cospon- eral Communications Commission to names of the Senator from New Hamp- sor of S. 1572, a bill to amend the High- issue rules relating to the collection of shire (Mrs. SHAHEEN) and the Senator er Education Act of 1965 to require ad- data with respect to the availability of from Mississippi (Mr. WICKER) were ditional reporting on crime and harm broadband services, and for other pur- added as cosponsors of S. 1141, a bill to that occurs during student participa- poses. provide predictability and certainty in tion in programs of study abroad, and S. 1863 the tax law, create jobs, and encourage for other purposes. At the request of Mr. DURBIN, the investment. S. 1575 name of the Senator from Illinois (Ms. S. 1168 At the request of Mr. PORTMAN, the DUCKWORTH) was added as a cosponsor At the request of Mr. BLUNT, the name of the Senator from Wisconsin of S. 1863, a bill to require the Sec- name of the Senator from Florida (Mr. (Ms. BALDWIN) was added as a cospon- retary of the Interior to conduct a spe- SCOTT) was added as a cosponsor of S. sor of S. 1575, a bill to direct the Sec- cial resource study of the sites associ- 1168, a bill to amend the Higher Edu- retary of State to make available to ated with the life and legacy of the cation Act of 1965 to ensure campus ac- the Director of the Centers for Disease noted American philanthropist and cess at public institutions of higher Control and Prevention copies of con- business executive Julius Rosenwald, education for religious groups. sular reports of death of United States with a special focus on the Rosenwald S. 1191 citizens, and for other purposes. Schools, and for other purposes. At the request of Ms. COLLINS, the S. 1590 S. 1906 name of the Senator from Connecticut At the request of Mr. MERKLEY, the At the request of Mr. BOOZMAN, the (Mr. MURPHY) was added as a cosponsor name of the Senator from Rhode Island names of the Senator from Nevada (Ms.

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.022 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5015 ROSEN) and the Senator from Min- (Mr. BARRASSO) and the Senator from S. RES. 80 nesota (Ms. SMITH) were added as co- Rhode Island (Mr. REED) were added as At the request of Mr. COONS, the sponsors of S. 1906, a bill to require the cosponsors of S. 2080, a bill to amend name of the Senator from Michigan Secretary of Veterans Affairs to pro- the Public Health Service Act to in- (Mr. PETERS) was added as a cosponsor vide financial assistance to eligible en- crease the number of permanent fac- of S. Res. 80, a resolution establishing tities to provide and coordinate the ulty in palliative care at accredited the John S. McCain III Human Rights provision of suicide prevention services allopathic and osteopathic medical Commission. for veterans at risk of suicide and vet- schools, nursing schools, social work S. RES. 252 eran families through the award of schools, and other programs, including At the request of Mr. GRAHAM, the grants to such entities, and for other physician assistant education pro- name of the Senator from Mississippi purposes. grams, to promote education and re- (Mr. WICKER) was added as a cosponsor S. 1918 search in palliative care and hospice, of S. Res. 252, a resolution designating At the request of Mr. BOOZMAN, the and to support the development of fac- September 2019 as National Democracy name of the Senator from Montana ulty careers in academic palliative Month as a time to reflect on the con- (Mr. TESTER) was added as a cosponsor medicine. tributions of the system of government of S. 1918, a bill to amend the Richard S. 2103 of the United States to a more free and B. Russell National School Lunch Act At the request of Mr. DURBIN, the stable world. to require alternative options for sum- name of the Senator from Mississippi S. RES. 263 mer food service program delivery. (Mrs. HYDE-SMITH) was added as a co- At the request of Mr. BRAUN, the S. 1936 sponsor of S. 2103, a bill to improve ac- names of the Senator from Massachu- At the request of Mrs. BLACKBURN, cess to affordable insulin. setts (Ms. WARREN), the Senator from the name of the Senator from Hawaii S. 2112 Arizona (Ms. SINEMA), the Senator (Mr. SCHATZ) was added as a cosponsor At the request of Ms. HARRIS, the from Iowa (Ms. ERNST) and the Senator of S. 1936, a bill to amend title XVIII of name of the Senator from New York from Arizona (Ms. MCSALLY) were the Social Security Act to protect cov- (Mr. SCHUMER) was added as a cospon- added as cosponsors of S. Res. 263, a erage for screening mammography, and sor of S. 2112, a bill to enhance the resolution honoring the 100th anniver- for other purposes. rights of domestic workers, and for sary of The American Legion. S. 2041 other purposes. f At the request of Ms. CORTEZ MASTO, S. 2147 STATEMENTS ON INTRODUCED the name of the Senator from New At the request of Ms. COLLINS, the BILLS AND JOINT RESOLUTIONS Mexico (Mr. HEINRICH) was added as a name of the Senator from Florida (Mr. cosponsor of S. 2041, a bill to establish RUBIO) was added as a cosponsor of S. By Ms. COLLINS (for herself and the Green Spaces, Green Vehicles Ini- 2147, a bill to double the existing pen- Mr. CARDIN): tiative to facilitate the installation of alties for the provision of misleading S. 2214. A bill to amend the Internal zero-emissions vehicle infrastructure or inaccurate caller identification in- Revenue Code of 1986 to provide a bet- on National Forest System land, Na- formation, and to extend the statute of ter defined recruitment and retention tional Park System land, and certain limitations for forfeiture penalties for incentive program for volunteer emer- related land, and for other purposes. persons who commit such violations. gency service workers; to the Com- S. 2043 S. 2165 mittee on Finance. At the request of Mr. BLUMENTHAL, At the request of Mr. HEINRICH, the Ms. COLLINS. Mr. President, I rise the name of the Senator from Oregon names of the Senator from Arizona to introduce a bill with my friend and (Mr. MERKLEY) was added as a cospon- (Ms. SINEMA) and the Senator from colleague from Maryland, Senator sor of S. 2043, a bill to provide incen- Alaska (Mr. SULLIVAN) were added as CARDIN, that will benefit the brave tives for hate crime reporting, provide cosponsors of S. 2165, a bill to enhance women and men who volunteer as grants for State-run hate crime hot- protections of Native American tan- emergency personnel: The Volunteer lines, and establish alternative sen- gible cultural heritage, and for other Emergency Services Recruitment and tencing for individuals convicted under purposes. Retention Act. Across our Nation, volunteer emer- the Matthew Shephard and James S. 2179 Byrd, Jr. Hate Crimes Prevention Act. gency personnel play a critical role in At the request of Mr. CARDIN, the ensuring the safety of our communities S. 2068 names of the Senator from Rhode Is- and the well-being of our neighbors. At the request of Mr. BOOKER, the land (Mr. REED) and the Senator from They serve as the firefighters, EMS, names of the Senator from California Connecticut (Mr. BLUMENTHAL) were and other first responders that we de- (Ms. HARRIS), the Senator from Con- added as cosponsors of S. 2179, a bill to pend on in our times of need. The State necticut (Mr. BLUMENTHAL), the Sen- amend the Older Americans Act of 1965 of Maine, for example, has approxi- ator from Minnesota (Ms. SMITH) and to provide social service agencies with mately 9,785 firefighters who serve the the Senator from Minnesota (Ms. KLO- the resources to provide services to State’s 1.3 million citizens. Maine is BUCHAR) were added as cosponsors of S. meet the urgent needs of Holocaust largely a rural State, and more than 90 2068, a bill to prohibit the Bureau of survivors to age in place with dignity, percent of firefighters are volunteers. the Census from including citizenship comfort, security, and quality of life. Without these dedicated volunteers, data in the legislative redistricting S. 2185 many smaller communities would be data prepared by the Bureau. At the request of Mr. MERKLEY, the unable to provide firefighting and S. 2072 name of the Senator from Minnesota other emergency services at all. At the request of Mr. TESTER, the (Ms. KLOBUCHAR) was added as a co- Often, communities seek to recruit name of the Senator from New Jersey sponsor of S. 2185, a bill to provide and retain volunteers by offering mod- (Mr. MENENDEZ) was added as a cospon- labor standards for certain energy jobs, est benefits. One of the most common sor of S. 2072, a bill to provide for an and for other purposes. benefits are Length of Service Award increase, effective December 1, 2019, in S. 2193 Programs or LOSAPs. These are retire- the rates of compensation for veterans At the request of Mr. PETERS, the ment accounts provided to volunteer with service-connected disabilities and name of the Senator from Ohio (Mr. emergency responders. The legislation the rates of dependency and indemnity PORTMAN) was added as a cosponsor of we are introducing today would sup- compensation for the survivors of cer- S. 2193, a bill to require the Adminis- port these efforts by helping to ensure tain disabled veterans, and for other trator of General Services to issue that these nominal benefits to volun- purposes. guidance to clarify that Federal agen- teers are not entangled in bureaucracy S. 2080 cies may pay by charge card for the or needlessly held back by regulations. At the request of Ms. BALDWIN, the charging of Federal electric motor ve- Specifically, the Volunteer Emergency names of the Senator from Wyoming hicles, and for other purposes. Services Recruitment and Retention

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.024 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5016 CONGRESSIONAL RECORD — SENATE July 23, 2019 Act would simplify how LOSAPs are visory Council on April 16, 2019, notes that a Whereas discrimination on the basis of sex taxed without increasing or reducing substantial number of individuals who are includes discrimination on the basis of sex- Federal spending or taxes. It would do apprehended by CBP require significant per- ual orientation, gender identity, sex stereo- this by eliminating burdensome and sonal and medical care that exceeds the abil- types, pregnancy, termination of pregnancy, ity and capacity of CBP, despite creative and childbirth, and related medical conditions; confusing IRS requirements that make humane attempts by CBP to care for such in- Whereas the 2015 United States it unnecessarily difficult for volunteer dividuals in CBP custody; Transgender Survey found that— emergency personnel to receive bene- Whereas CBP officers and personnel have (1) 47 percent of transgender people have fits and for departments to administer raised concerns that overcrowding poses im- been sexually assaulted; and plans. mediate risks to— (2) among transgender people of color, 65 (1) the health and safety of the migrants; percent of Native Americans, 59 percent of Mr. President, we should take care to multiracial people, 58 percent of Middle protect our volunteer emergency per- and (2) CBP officers; Eastern people, and 53 percent of African sonnel who serve this country with Whereas CBP officers are experiencing Americans have been sexually assaulted; such bravery. Our legislation would both physical illness and severe mental and Whereas the Association of American Uni- help us achieve that goal, and I urge emotional distress as a result of the crisis at versities Campus Climate Survey on Sexual my colleagues to join us in supporting the Southern border; Assault and Sexual Misconduct found that this bill. Whereas, in May 2019, the Commissioner of nearly 1 in 4 transgender, genderqueer, gen- der non-conforming, or questioning students f CBP requested an additional $2,100,000 for the Employee Assistance Program of CBP in experience sexual violence while pursuing an SUBMITTED RESOLUTIONS order to offer additional counseling services undergraduate degree; to CBP officers and personnel to respond to Whereas the National Sexual Violence Re- ‘‘unanticipated critical incidents and other source Center found that 78 percent of SENATE RESOLUTION 280—COM- emerging crises, such as the unexpected re- transgender or gender non-conforming youth are sexually harassed during the period be- sponse required for migrant caravans, em- MENDING THE OFFICERS AND ginning in kindergarten and ending in 12th ployee suicides, and the need for a financial PERSONNEL OF U.S. CUSTOMS grade; wellness program’’; and AND BORDER PROTECTION FOR Whereas the Centers for Disease Control Whereas, in the face of the most difficult THEIR WORK DURING THE CRI- and Prevention 2010 National Intimate Part- circumstances, CBP officers and personnel SIS AT THE SOUTHERN BORDER ner and Sexual Violence Survey found that— continue— (1) 44 percent of lesbian women and 61 per- Mr. GRAHAM (for himself, Mr. (1) to work undaunted to protect the cent of bisexual women experience rape, GRASSLEY, Mr. CORNYN, Mr. LEE, Mr. Southern border; and physical violence, or stalking by an intimate (2) to care for the migrants in CBP cus- CRUZ, Mr. SASSE, Mr. HAWLEY, Mr. partner, compared to 35 percent of hetero- tody: Now, therefore, be it TILLIS, Ms. ERNST, Mr. CRAPO, Mr. KEN- sexual women; and Resolved, That the Senate— (2) 40 percent of gay men and 37 percent of NEDY, and Mrs. BLACKBURN) submitted (1) commends the men and women of U.S. the following resolution; which was re- bisexual men have experienced sexual vio- Customs and Border Protection, including lence other than rape, compared to 21 per- ferred to the Committee on Homeland Border Patrol personnel, Office of Field Op- cent of heterosexual men; Security and Governmental Affairs: erations personnel, Air and Marine Oper- Whereas the National Women’s Law Center S. RES. 280 ations personnel, Office of Trade personnel, 2017 Let Her Learn Survey found that 38 per- and all support personnel and their allies for Whereas U.S. Customs and Border Protec- cent of lesbian, gay, bisexual, or transgender their continued honorable service during the tion (referred to in this preamble as ‘‘CBP’’) teen girls reported experiencing sexual vio- challenging humanitarian crisis at the is charged with protecting the borders of the lence, compared to 21 percent of all girls; Southern border; and United States and facilitating travel and Whereas, according to the Department of (2) calls on Congress to pass legislation to trade; Justice, people with disabilities are 3.5 times support U.S. Customs and Border Protection Whereas the Southern border of the United more likely to experience rape or sexual as- officers and to manage the increasing flow of States is experiencing unprecedented num- sault than people without disabilities; migrants attempting to enter the United bers of vulnerable individuals attempting to Whereas, according to the Vera Institute of States. enter the country; Justice— (1) children with disabilities are 3 times Whereas, in June 2019, 104,344 individuals f more likely than children without disabil- were apprehended at the Southern border, SENATE RESOLUTION 281—COMMIT- ities to be sexually abused; and which is an increase of more than 140 per- TING TO ELEVATE THE VOICES, (2) 83 percent of women and 32 percent of cent, as compared to June 2018; LEADERSHIP, AND NEEDS OF men with cognitive disabilities reported Whereas, as of June 2019, the number of in- being victims of sexual assault; dividuals apprehended or determined to be COMMUNITIES THAT FACE SYS- TEMIC BARRIERS IN THE EF- Whereas women of all races and ethnicities inadmissible by CBP at the Southern border face some risk of sexual assault, and, accord- in fiscal year 2019 is 780,638, already sur- FORT TO END SEXUAL VIOLENCE ing to the Centers for Disease Control and passing the fiscal year 2014 total of 569,287, AND SUPPORT ALL SURVIVORS Prevention 2010 National Intimate Partner which was the highest such number in the OF SEXUAL VIOLENCE AND GEN- and Sexual Violence Survey, 33 percent of preceding 5 years; DER-BASED VIOLENCE, INCLUD- multiracial non-Hispanic women, nearly 27 Whereas the Homeland Security Advisory ING IMMIGRANT SURVIVORS, percent of indigenous women, 22 percent of Council expects Southwest border migration Black women, nearly 19 percent of White numbers to approach or exceed 1,000,000 indi- SURVIVORS WHO ARE INCARCER- ATED, SURVIVORS WITH DIS- non-Hispanic women, more than 14 percent viduals in fiscal year 2019 unless immediate of Hispanic women, and 7 percent of Asian action is taken; ABILITIES, SURVIVORS OF American and Pacific Islander women in the Whereas, historically, the majority of indi- COLOR, AMERICAN INDIAN OR United States have experienced rape; viduals arriving at the Southern border have ALASKA NATIVE SURVIVORS, Whereas, according to a research report by been single adult males from Mexico, but by SURVIVORS OF CHILD SEXUAL the National Institute of Justice, 56.1 per- May 2019, 72 percent of all border enforce- ABUSE, AND LESBIAN, GAY, BI- cent of American Indian and Alaska Native ment actions were associated with unaccom- SEXUAL, TRANSGENDER, QUEER, women have experienced sexual violence; panied children and family units; AND INTERSEX SURVIVORS Whereas sexual violence also affects ado- Whereas, due to the constant and increas- lescent girls and, according to the National ing flow of migrants crossing the Southern Mr. BOOKER (for himself and Ms. Women’s Law Center 2017 Let Her Learn Sur- border between ports of entry, financial and HARRIS) submitted the following reso- vey, 1 in 5 girls aged 14 to 18 has been kissed human resources are being diverted from the lution; which was referred to the Com- or touched without consent, including 24 per- security and law enforcement duties of CBP, mittee on Health, Education, Labor, cent of Latina girls, 23 percent of Native resulting in— and Pensions: American girls, and 22 percent of Black girls; (1) fewer seizures of narcotics and illicit Whereas studies show that sexual violence currency; and S. RES. 281 and gender-based violence are underreported (2) increased wait times at ports of entry, Whereas sexual violence and gender-based crimes, indicating that the rates of sexual leading to warnings of possible produce violence are tools of oppression and forms of violence and gender-based violence may be shortages and interruptions in supply chains; discrimination that can deprive individuals even higher than these estimates; Whereas more than 40 percent of CBP re- of equal access to educational opportunities; Whereas too many survivors from commu- sources are currently being absorbed by the Whereas survivors of sexual violence face a nities that face systemic barriers are ig- humanitarian crisis at the Southern border; significant number of health problems, in- nored, blamed, and cast aside when seeking Whereas the final emergency interim re- cluding chronic conditions, suicide, depres- support after experiencing a form of sexual port published by the Homeland Security Ad- sion, and post-traumatic stress disorder; violence or gender-based violence;

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.027 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5017 Whereas communities that have been dis- meet the needs of diverse survivor popu- pregnancy, termination of pregnancy, child- proportionately harmed by the criminal jus- lations; birth, and related medical conditions); tice system, including Black women and Whereas, according to the National Alli- (iv) titles I and II of the Americans with girls, may be less likely to report sexual vio- ance to End Sexual Violence— Disabilities Act of 1990 (42 U.S.C. 12111 et lence when that violence occurs; (1) there is a lack of resources for sexual seq.), which prohibit discrimination based on Whereas incarcerated women report exten- violence and gender-based violence preven- disability in employment and public schools, sive histories of emotional, physical, and tion for youth; respectively; and sexual abuse; (2) many rape crisis centers have waiting (v) section 504 of the Rehabilitation Act of Whereas, according to the Department of lists for prevention programs; and 1973 (29 U.S.C. 794), which prohibits discrimi- Justice, ‘‘allegations of sexual misconduct (3) more investment is needed in the Rape nation based on disability in education pro- were made in all but one state prison and Prevention and Education Program; grams; 41% of local and private jails and prisons’’; Whereas a 2016 National Consensus State- (4) affirms that— Whereas prior abuse is a key predictor of ment of Anti-Sexual Assault and Domestic (A) title IX of the Education Amendments involvement in the juvenile justice system; Violence Organizations in Support of Full of 1972 (20 U.S.C. 1681 et seq.), title II of the Whereas according to the Annie E. Casey and Equal Access for the Transgender Com- Americans with Disabilities Act of 1990 (42 Foundation, nearly 3⁄4 of girls in the juvenile munity, signed by over 300 local, State, and U.S.C. 12131 et seq.), section 504 of the Reha- justice system have experienced physical or national organizations, stated: ‘‘As organiza- bilitation Act of 1973 (29 U.S.C. 794), and title sexual abuse, and many of those girls experi- tions that care about reducing assault and VI of the Civil Rights Act of 1964 (42 U.S.C. ence criminal penalties for their responses to violence, we favor laws and policies that pro- 2000d et seq.) intersect; and sexual violence; tect transgender people from discrimination, (B) to address sexual violence and gender- Whereas communities of color are over- including in accessing facilities that match based violence in an educational setting, it represented in jails and prisons in the United the gender they live every day.’’; must be acknowledged that— States and disproportionately impacted by Whereas sexual violence and gender-based (i) protections under these comprehensive violence, including sexual violence, in the violence will only end if— civil rights laws— (1) the experiences and needs of immigrant criminal justice system; (I) are intersecting; and survivors, survivors who are incarcerated, Whereas youth of color, youth with disabil- (II) address how sexual violence and gen- American Indian or Alaska Native survivors, ities, and youth who identify as lesbian, gay, der-based violence affect equal access to edu- survivors of child sexual abuse, queer and bisexual, transgender, or gender non-con- cation; and intersex survivors, and survivors with dis- forming are overrepresented in the child wel- (ii) without prompt and equitable re- abilities are respected and supported; and fare system; sponses to sexual violence, schools may be in Whereas lesbian, gay, bisexual, and (2) those survivors are provided culturally and linguistically appropriate and relevant violation of civil rights laws; transgender youth are overrepresented in the (5) affirms the pursuit of legislative solu- youth homeless population, making them services and accommodations; Whereas current support systems man- tions that— particularly at risk for sexual violence; (A) address the unique needs and experi- Whereas the Center for American Progress dated by Federal law for survivors of sexual violence are neither comprehensive nor fully ences of survivors of sexual violence from reports that 22 percent of lesbian, gay, bisex- communities that face systemic barriers, in- ual, and transgender youth have been sexu- representative of the vast and pervasive ele- ments within rape culture; and cluding immigrant survivors, survivors who ally assaulted or raped, which is more than are incarcerated, survivors with disabilities, 3 times the rate of sexual assault and rape Whereas Congress is working to confront pervasive sexual violence in the workplace, survivors of color, American Indian or Alas- among other homeless youth; ka Native survivors, survivors of child sexual Whereas, according to the GLSEN 2016 re- in schools, and in every area of life: Now, therefore, be it abuse, and lesbian, gay, bisexual, port entitled ‘‘From Teasing to Torment: transgender, queer, and intersex survivors; School Climate Revisited’’— Resolved, That the Senate— (1) commits— (B) clarify and strengthen existing protec- (1) 59.6 percent of lesbian, gay, bisexual, tions from sexual harassment and other transgender, and queer (referred to in this (A) to elevating the voices, leadership, and forms of discrimination in employment, preamble as ‘‘LGBTQ’’) secondary students needs of communities that face systemic housing, education, public accommodations, have been sexually harassed at school, and barriers in the effort to end sexual violence and Federally funded programs; LGBTQ students are more likely to experi- and gender-based violence; and (C) allocate resources based on the needs ence sexual harassment than non-LGBTQ (B) to support all survivors of sexual vio- students; and lence, including— and vulnerability of diverse survivor popu- (2) students with nontraditional gender ex- (i) immigrant survivors; lations; and pression are more likely to experience sexual (ii) survivors who are incarcerated; (D) allocate resources for disaggregated re- harassment than students with traditional (iii) survivors with disabilities; search initiatives that shed light on the dis- gender expression; (iv) survivors of color; proportionate levels of sexual violence and Whereas high-quality, medically accurate, (v) American Indian or Alaska Native sur- gender-based violence, and the impact of sex- and LGBTQ-affirming sex education is crit- vivors; ual violence and gender-based violence, on ical in the effort to eliminate sexual violence (vi) survivors of child sexual abuse; and diverse survivor populations; and by teaching young people about sexual as- (vii) lesbian, gay, bisexual, transgender, (6) calls upon the executive branch to sault, harassment, and affirmative consent; queer, and intersex survivors; faithfully and robustly enforce laws that Whereas less than 40 percent of all high (2) supports efforts to raise awareness of protect survivors of sexual violence and com- schools and only 14 percent of middle schools the history of sexual violence prevention munities at higher risk of sexual violence in the United States teach all of the topics programs; and gender-based violence from harassment, identified by the Centers for Disease Control (3) calls upon this Chamber— discrimination, and mistreatment. and Prevention as important sexual health (A) to ensure that responding to the needs f education topics; of sexual violence survivors is a legislative Whereas, according to the National Center priority; SENATE RESOLUTION 282—HON- for Victims of Crime, a child who is the vic- (B) to demonstrate proactive leadership in ORING FORMER ASSOCIATE JUS- tim of prolonged sexual abuse usually devel- the effort to end sexual violence and gender- TICE JOHN PAUL STEVENS OF ops low self-esteem, a feeling of worthless- based violence; and THE SUPREME COURT OF THE ness, and an abnormal or distorted view of (C) to reject rollbacks of enforcement and UNITED STATES sex; interpretations of protections against har- Mr. DURBIN (for himself, Ms. Whereas, according to the Rape, Abuse & assment under— Incest National Network, there is an in- (i) title VI of the Civil Rights Act of 1964 DUCKWORTH, Mr. MCCONNELL, Mr. SCHU- creased likelihood that an individual will (42 U.S.C. 2000d et seq.), which prohibits dis- MER, Mr. GRAHAM, Mrs. FEINSTEIN, Mr. suffer from suicidal or depressive thoughts crimination in education programs based on ALEXANDER, Ms. BALDWIN, Mr. BAR- after experiencing sexual violence; race, color, or national origin; RASSO, Mr. BENNET, Mrs. BLACKBURN, Whereas, at a time of prioritized mass de- (ii) title VII of the Civil Rights Act of 1964 Mr. BLUMENTHAL, Mr. BLUNT, Mr. tention and deportation and the rescinding (42 U.S.C. 2000e et seq.), which prohibits dis- BOOKER, Mr. BOOZMAN, Mr. BRAUN, Mr. of the Deferred Action for Childhood Arrivals crimination in employment based on race, BROWN, Mr. BURR, Ms. CANTWELL, Mrs. Program, it is less safe for immigrants to re- color, national origin, sex (including on the CAPITO, Mr. CARDIN, Mr. CARPER, Mr. port sexual violence; basis of sexual orientation, gender identity, CASEY, Mr. CASSIDY, Ms. COLLINS, Mr. Whereas immigrant children are separated sex stereotypes, pregnancy, childbirth, and COONS, Mr. CORNYN, Ms. CORTEZ MASTO, from their families and thousands of those related medical conditions), or religion; children report sexual abuse in government- (iii) title IX of the Education Amendments Mr. COTTON, Mr. CRAMER, Mr. CRAPO, funded detention camps; of 1972 (20 U.S.C. 1681 et seq.), which pro- Mr. CRUZ, Mr. DAINES, Mr. ENZI, Ms. Whereas a history of systemic inequality hibits discrimination in education programs ERNST, Mrs. FISCHER, Mr. GARDNER, and discrimination as well as incomplete so- based on sex (including on the basis of sexual Mrs. GILLIBRAND, Mr. GRASSLEY, Ms. lutions has resulted in a lack of resources to orientation, gender identity, sex stereotypes, HARRIS, Ms. HASSAN, Mr. HAWLEY, Mr.

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.029 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5018 CONGRESSIONAL RECORD — SENATE July 23, 2019 HEINRICH, Ms. HIRONO, Mr. HOEVEN, Whereas John Paul Stevens showed that during the session of the Senate on Mrs. HYDE-SMITH, Mr. INHOFE, Mr. fair and reasoned judgment transcends polit- Tuesday, July 23, 2019, at 10 a.m., to ical labels and ideological categories; ISAKSON, Mr. JOHNSON, Mr. JONES, Mr. conduct a hearing. Whereas John Paul Stevens was one of the KAINE, Mr. KENNEDY, Mr. KING, Ms. most influential and memorable Justices of COMMITTEE ON FINANCE KLOBUCHAR, Mr. LANKFORD, Mr. LEAHY, the Supreme Court of the United States; The Committee on Finance is author- Mr. LEE, Mr. MANCHIN, Mr. MARKEY, Whereas Chief Justice John Roberts stated ized to meet during the session of the Ms. MCSALLY, Mr. MENENDEZ, Mr. that John Paul Stevens’ ‘‘unrelenting com- Senate on Tuesday, July 23, 2019, at MERKLEY, Mr. MORAN, Ms. MURKOWSKI, mitment to justice has left us a better na- 10:15 a.m., to conduct a hearing. Mr. MURPHY, Mrs. MURRAY, Mr. PAUL, tion’’; COMMITTEE ON THE JUDICIARY Whereas John Paul Stevens was respected Mr. PERDUE, Mr. PETERS, Mr. PORTMAN, by colleagues, litigants, and the American The Committee on the Judiciary is Mr. REED, Mr. RISCH, Mr. ROBERTS, Mr. people, and will be remembered as one of the authorized to meet during the session ROMNEY, Ms. ROSEN, Mr. ROUNDS, Mr. great Justices of the Supreme Court of the of the Senate on Tuesday, July 23, 2019, RUBIO, Mr. SANDERS, Mr. SASSE, Mr. United States; at 10 a.m., to conduct a hearing. SCHATZ, Mr. SCOTT of Florida, Mr. Whereas John Paul Stevens was a man of SELECT COMMITTEE ON INTELLIGENCE SCOTT of South Carolina, Mrs. SHA- Midwestern courtesy, humility, wit, and wis- The Select Committee on Intel- HEEN, Mr. SHELBY, Ms. SINEMA, Ms. dom; ligence is authorized to meet during SMITH, Ms. STABENOW, Mr. SULLIVAN, Whereas John Paul Stevens was an avid player of tennis, golf, ping-pong, and bridge, the session of the Senate on Tuesday, Mr. TESTER, Mr. THUNE, Mr. TILLIS, Mr. was a lifelong fan of the Chicago Cubs, and July 23, 2019, at 1:30 p.m., to conduct a TOOMEY, Mr. UDALL, Mr. VAN HOLLEN, was well known for his fondness of bow ties; closed hearing. Mr. WARNER, Ms. WARREN, Mr. WHITE- Whereas John Paul Stevens was awarded SUBCOMMITTEE ON SCIENCE, OCEANS, HOUSE, Mr. WICKER, Mr. WYDEN, and the Presidential Medal of Freedom by Presi- FISHERIES, AND WEATHER Mr. YOUNG) submitted the following dent Barack Obama in 2012; The Subcommittee on Science, resolution; which was considered and Whereas John Paul Stevens was married to Oceans, Fisheries, and Weather of the agreed to: Elizabeth Jane Sheeren from 1942 to 1979, and Committee on Commerce, Science, and had 4 children, John, Kathryn, Elizabeth, Transportation is authorized to meet S. RES. 282 and Susan; during the session of the Senate on Whereas John Paul Stevens was born in Whereas John Paul Stevens was married to Chicago, Illinois, on April 20, 1920, to Ernest Maryan Mulholland Simon from 1980 until Tuesday, July 23, 2019, at 2:15 p.m., to James Stevens and Elizabeth Street Stevens; her death in 2015; conduct a hearing. Whereas John Paul Stevens, in 1941, grad- Whereas John Paul Stevens, at the time of f uated from the University of Chicago with a his death, was a grandfather of 9 and a great- bachelor’s degree in English; grandfather of 13; NATIONAL DAY OF THE AMERICAN Whereas John Paul Stevens served as a Whereas John Paul Stevens passed away COWBOY Lieutenant Commander in the United States on July 16, 2019, at the age of 99; and Mr. CORNYN. Madam President, I Navy during World War II and was awarded Whereas the United States is deeply in- ask unanimous consent that the Com- the Bronze Star; debted to John Paul Stevens, a giant figure in American law: Now, therefore, be it: mittee on the Judiciary be discharged Whereas John Paul Stevens was the last from further consideration and that living Justice of the Supreme Court of the Resolved, That the Senate— United States to have served in the armed (1) extends heartfelt sympathies to the the Senate now proceed to S. Res. 265. forces of the United States during World War family and friends of Justice John Paul Ste- The PRESIDING OFFICER. The II; vens; clerk will report the resolution by Whereas John Paul Stevens attended (2) commends Justice John Paul Stevens title. Northwestern University School of Law on for his decades of service to the United The senior assistant legislative clerk the GI Bill, where he served as editor-in- States, including his nearly 35-year tenure read as follows: on the Supreme Court of the United States; chief of the Northwestern University Law A resolution (S. Res. 265) designating July Review and, in 1947, graduated first in his and (3) acknowledges the enormous contribu- 27, 2019, as ‘‘National Day of the American class; Cowboy’’. Whereas John Paul Stevens served as a law tions of Justice John Paul Stevens to the clerk to Associate Justice of the Supreme United States and to American law. There being no objection, the com- Court of the United States Wiley B. Rut- f mittee was discharged, and the Senate ledge; proceeded to consider the resolution. Whereas John Paul Stevens was an accom- AUTHORITY FOR COMMITTEES TO Mr. CORNYN. I ask unanimous con- plished attorney in private practice in Chi- MEET sent that the resolution be agreed to, cago, Illinois, and also worked as a Congres- Mr. INHOFE. Mr. President, I have 7 the preamble be agreed to, and that the sional aide; requests for committees to meet during motions to reconsider be considered Whereas John Paul Stevens was nominated today’s session of the Senate. They made and laid upon the table. by President Richard M. Nixon to be a judge for the United States Court of Appeals for have the approval of the Majority and The PRESIDING OFFICER. Without the Seventh Circuit in 1970; Minority leaders. objection, it is so ordered. Whereas John Paul Stevens was nominated Pursuant to rule XXVI, paragraph The resolution (S. Res. 265) was by President Gerald R. Ford to be an Asso- 5(a), of the Standing Rules of the Sen- agreed to. ciate Justice of the Supreme Court of the ate, the following committees are au- The preamble was agreed to. United States in 1975; thorized to meet during today’s session (The resolution, with its preamble, is Whereas John Paul Stevens served with of the Senate: printed in the RECORD of June 26, 2019, distinction on the Supreme Court of the under ‘‘Submitted Resolutions.’’) United States for nearly 35 years; COMMITTEE ON ARMED SERVICES Whereas John Paul Stevens retired from The Committee on Armed Services is f the Supreme Court of the United States in authorized to meet during the session NATIONAL WHISTLEBLOWER 2010 at the age of 90; of the Senate on Tuesday, July 23, 2019, APPRECIATION DAY Whereas John Paul Stevens had the third- at 9:30 a.m., to conduct a hearing pend- Mr. CORNYN. Madam President, I longest tenure of any Justice to ever sit on ing military nominations. the Supreme Court of the United States; ask unanimous consent that the Com- Whereas John Paul Stevens was a brilliant COMMITTEE ON BANKING, HOUSING, AND URBAN mittee on the Judiciary be discharged jurist, an astute writer, and a courteous but AFFAIRS from further consideration and that incisive questioner from the bench; The Committee on Banking, Housing, the Senate now proceed to S. Res. 194. Whereas John Paul Stevens, during his and Urban Affairs is authorized to The PRESIDING OFFICER. The decades of service on the Supreme Court of meet during the session of the Senate clerk will report the resolution by the United States, was committed to safe- on Tuesday, July 23, 2019, at 10 a.m., to title. guarding the rights and liberties protected conduct a hearing. by the Constitution and respecting the com- The senior assistant legislative clerk mon sense of the American people; COMMITTEE ON ENERGY AND NATURAL read as follows: Whereas John Paul Stevens recognized and RESOURCES A resolution (S. Res. 194) designating July cherished the importance of the judiciary as The Committee on Energy and Nat- 30, 2019, as ‘‘National Whistleblower Appre- an impartial guardian of the rule of law; ural Resources is authorized to meet ciation Day’’.

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.030 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5019 There being no objection, the com- legislative correspondent and then a While Becca is going to do incredible mittee was discharged, and the Senate legislative aide. She drafted and sent things for the planet in her next chap- proceeded to consider the resolution. responses to more than 225,000 Orego- ter of helping to expand a recently Mr. CORNYN. I ask unanimous con- nians who were concerned about the formed environmental organization, sent that the resolution be agreed to, climate and the environment. the Clean Energy Leadership Institute, the preamble be agreed to, and that the Becca’s terrific work made it clear she will be greatly missed here as a col- motions to reconsider be considered that she was capable of more, so she league, as a friend, and as a mentor to made and laid upon the table. became my top policy adviser on the so many of us on the team. The PRESIDING OFFICER. Without threat of climate chaos. Climate chaos We are counting on you, Becca, to objection, it is so ordered. presents an existential threat to our save the planet, so no pressure. We ap- The resolution (S. Res. 194) was planet. Her professionalism, her sub- preciate your service to Oregon and to agreed to. stantive expertise, her creativity, and our country, and I look forward to The preamble was agreed to. the network she created proved to be hearing about your efforts in your (The resolution, with its preamble, is powerful tools in our working to ad- journey ahead. printed in the RECORD of May 8, 2019, vance a progressive climate agenda. Now we turn to another member of under ‘‘Submitted Resolutions.’’) When Becca first started working on Team Merkley, Meredith Booker, who climate change, she took the lead and is, sadly, leaving us in July—in fact, at f the effort to protect the Arctic Ocean the end of this week. Meredith em- ORDERS FOR WEDNESDAY, JULY from oil and gas drilling, which led to bodies the heart and soul and work 24, 2019 the introduction of the Stop Arctic ethic of Team Merkley, and she will be Mr. CORNYN. Madam President, I Ocean Drilling Act. Over the course of sorely missed by everyone in the immi- ask unanimous consent that when the her years on this portfolio, she has gration, civil rights, housing, and Senate completes its business today, it helped a lot with the mission 100 bill, LGBTQ rights portfolios. adjourn until 9:30 a.m., Wednesday, which aims to transition the United Meredith joined our team as an in- July 24; and further, that following the States into a 100-percent clean energy tern in August of 2016 and quickly be- prayer and pledge, the morning hour be economy, and with my Keep It in the came indispensable, joining the legisla- deemed expired, the Journal of pro- Ground Act, which would stop the ex- tive correspondent ranks in December ceedings be approved to date, the time pansion of the leasing of our Federal of 2016. for the two leaders be reserved for their publicly owned properties for the pro- In June of 2018, she was promoted to use later in the day, morning business duction of fossil fuels. legislative aide and hasn’t looked back, be closed, and the Senate proceed to More recently, she has contributed taking on more and more responsi- executive session and resume consider- by collating the Senate’s version of the bility. She came into this position with ation of the Dickson nomination under Green New Deal, which has set a high a deep understanding and background the previous order. bar for progressive climate efforts in in criminal justice and has brought a The PRESIDING OFFICER. Without the future. Just last week, she led my top-notch performance to every project objection, it is so ordered. staff through the introduction of the and task she has touched. I think most Good Jobs for 21st Century Energy of our office would agree. She is the f Act—a bold, new bill that required ex- best organized member of our team. ORDER FOR ADJOURNMENT tensive coordination between the envi- Her meticulously crafted policy-track- ronmental community and the labor er spreadsheet has helped our team Mr. CORNYN. Madam President, if community. It is designed to create stay on track in many areas and will there is no further business to come be- good-paying, family-wage jobs and to remain a lasting part of her legacy fore the Senate, I ask unanimous con- have high labor standards—a race to here on Capitol Hill. It doesn’t matter sent that the Senate stand adjourned the top in employment during the tran- whether it is the smallest project or under the previous order following the sition to clean energy. the biggest high-stakes moment, Mere- remarks of Senator MERKLEY for up to Becca’s efforts to take on the global dith always gets it done and gets it 75 minutes. challenge of climate chaos hasn’t been done well. The PRESIDING OFFICER. Without limited to the United States. She has This work ethic has extended from objection, it is so ordered. repeatedly traveled with me and on my volunteering countless time to pitch- The Senator from Oregon. behalf to U.N. Conference of the Par- ing in with coding parties. Coding par- f ties meetings and to other inter- ties are when the team stays late in national events to engage in the diplo- the evening to work to try to have a TRIBUTE TO REBECCA WARD AND macy that is necessary for a true glob- prompt response to the thousands of MEREDITH BOOKER al response to a global crisis. She has letters we receive from Oregonians. Mr. MERKLEY. Madam President, I shepherded my efforts through the Ap- It stems from that to hustling to per- rise to recognize two members of my propriations Committee to maintain fect every line and section of the 2019 team who are leaving the Senate after funding for climate programs and to in- Equality Act, resulting in a record of their years of dedicated and important troduce and pass bipartisan amend- 47 Senate sponsors and bipartisan pas- work. Becca Ward will be leaving on ments that support the Green Climate sage in the House of Representatives August 7, and Meredith Booker will be Fund. this May. That act has yet to be con- leaving on Friday, July 26. In addition to her substantive policy sidered on the floor of the Senate, but Both of them joined my team as in- responsibilities, she has been an incred- it is way past time that we establish terns. They have worked their way up ible team player and a remarkable in- equality of opportunity for every single within Team Merkley and have made dividual to have with us. I think it is American. tremendous contributions to my office safe to say that Becca will likely go Meredith skillfully navigated work- and to our Nation. I know they are down in Team Merkley history as the ing with two different legislative as- both going to do extraordinary things only member of our team who is also sistants at times—and sometimes with in the next chapters of their lives, but, an Olympic medalist. She has been a one LA and sometimes with no LA— first, it is worth reflecting on their fantastic manager and mentor to the without letting a single decision, service in the U.S. Senate. members of the climate team and has memo, or project fall through the Becca Ward has been an invaluable been a huge contributor to our office’s cracks. member of our team for 6 years. She efforts to promote diversity, equity, She managed reintroduction of the started as an intern in my Oregon of- and inclusion in our work. I know her American Savings Act to expand high- fice, and she worked her way up to be absence will be felt especially strongly quality retirement savings accounts to my lead adviser on climate chaos and every year when the annual cherry every American. energy policy. Becca joined Team blossom run comes around. She managed our annual August Merkley as a full-time staff assistant Becca, you might need to plan a trip Breastfeeding Month resolution to rec- in 2013. Over the years, she rose to be a to DC for next spring. ognize the importance of breastfeeding

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.045 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5020 CONGRESSIONAL RECORD — SENATE July 23, 2019 to American families and to the health responded to more than 256,000 emails in the evening newspaper. Now, at that of the children and the health of the in less than 3 years and, in doing so, point, many cities in the country had a mothers. created 350 unique letters for those re- morning newspaper, which was more of Just a short time ago, when the De- sponses. That means, on average, that the business community’s newspaper, partment of Agriculture laid out a plan Meredith has created nearly 150 letters and an evening newspaper, which was to destroy Civilian Conservation Corps per year and sent approximately 100,000 more the workers’ newspaper, which centers across America, she dove into responses per year. That is a lot of made sense. For my father, a union the tricky and wonky world of that and communicating with folks back home. machinist, his work started at 7 in the proceeded to work intensely to prevent America is very lucky that Meredith morning and concluded 9 hours later at that from happening and worked suc- is taking her talents to the legal arena. 4 in the afternoon. He would come cessfully to do that. She will be starting at Loyola Univer- home, get the evening newspaper, read She threw herself into the challenge sity of New Orleans this fall, working it, have dinner, and watch the evening of the retirement integrity act, de- toward her law degree. Knowing how news on television. signed to make IRAs work more cost- much she has done without a law de- In that newspaper that evening, effectively for working Americans gree—probably more than most fully there was an article about Spiro rather than be a loophole for the accredited lawyers—I know the world Agnew, our former Vice President. He megawealthy. is going to benefit enormously as she was convicted of taking $100,000 in Though we have always known we pursues that degree and puts it to work bribes, but what was his penalty? His were lucky to have Meredith on Team in the fight for justice and equality. penalty was a $10,000 fine. I was en- Merkley, she has truly stepped up and The world of justice and equality will raged: Like, what? People get sent to gone above and beyond in the last year, benefit just as we experience the loss of prison for stealing a loaf of bread, and after my June 2018 trip to Brownsville her talents here in the Senate. the Vice President illegally took led to intensive work on the issue of Meredith, we are tremendously grate- $100,000 and gets to keep 90 percent of family and child separation and to a ful for your contributions and will it. What kind of a story is that to lot of efforts by many parties to push deeply miss you on Team Merkley. We America, that if you are wealthy and back against President Trump’s cru- will absolutely miss you both. You powerful, you can commit crimes and elty to migrant families. When Presi- leave a tremendous hole in our team. keep the vast share of what you have dent Trump proposed locking families Your final assignment is to make sure taken in that crime? So I wrote an out- up in internment camps, she led the that we have some very talented people raged letter to the newspaper, and the drafting of the No Internment Camps to carry on the terrific work you have newspaper published it. Act to say that we will never repeat been doing. Thank you. Equal Justice Under Law—it is a that shameful chapter in our history. f very important principle to our Nation. When President Trump threw thou- But today we face a political crisis—a MUELLER REPORT sands of children into unregulated crisis about whether we have a Presi- child prisons at Tornillo and Home- Mr. MERKLEY. Madam President, as dent who is above the law, and that stead, she leapt into action and worked our Founders worked to design what somehow this phrase, this principle, with the immigration team to draft the would become the Constitution of the the foundation of our country, doesn’t Shut Down Child Prison Camps Act to United States, they had certain core apply to this particular President. If end this horrific practice. principles in mind—certain principles that stands, then we will have lost a Just a few weeks ago, she was instru- that were the exact opposite of the way core principle of our democratic Re- mental to the introduction of the Stop government worked in Europe. They public. Cruelty to Migrant Children Act, legis- did not want to see America be a land Tomorrow we are going to have testi- lation to ensure we treat children with run by a dictator or a King. They want- mony from former Special Counsel dignity and respect, and that act al- ed to make sure that power was dis- Mueller in the House of Representa- ready has 40 Senators sponsoring it. tributed between voting Americans, a tives. He is scheduled for some 3 hours As I have traveled to investigate the principle Jefferson called the equal before the Judiciary Committee of the Trump administration’s policies to- voice principle, because distributed House and another couple of hours with ward migrants over the last year, power among the people would lead to the Intelligence Committee. He will be Meredith’s codel, or congressional dele- laws by and for the people, not laws by following up to share insights and an- gation, binders have become legendary. and for the powerful. swer questions related to this hefty Whether they are assembled in support They had another principle, and it document: Report On The Investiga- of trips to Texas or Central America— was the opposite of what existed in Eu- tion Into Russian Interference In The or when she joined the trip herself, as rope, where a King and perhaps the 2016 Presidential Election. she did earlier this year when we went King’s circle were above the law, not There is a lot in this report. You to the child jail in Homestead, FL—you accountable to any core principles of wouldn’t know that if you just listened have never seen a binder assembled conduct or any rules. What they did in to our Attorney General, because our with so much meticulous care and at- their lives as rulers in that fashion just current Attorney General Barr said tention to detail. simply was accountable to no one. there is nothing here—nothing in this. In addition to her many accomplish- But our Constitution had a different That is not the case, and I have come ments supporting legislation and over- vision. The goal was to have everyone to the floor tonight to make that abso- sight trips, she worked with countless in America accountable to the law— lutely clear. outside groups to organize a hugely that we are all in this together. No one Here is the easiest way to summarize successful hearing through the Demo- is a King. No one is a dictator. That vi- it. We received an open letter from cratic Policy and Communications sion is really embodied in four simple more than 1,000 former prosecutors Center, or DPCC, on family separation words carved into the facade of the evaluating what is in this hefty book. in June of 2018. She reprised that role doors of the Supreme Court: Equal Jus- It says: this week—in fact, today—working to tice Under Law. We are former federal prosecutors. We help organize another DPCC hearing on If you stand here in the Johnson served under both Republican and Demo- the treatment of children at the south- Room, just across the hallway, and you cratic administrations at different levels ern U.S. border. It occurred just earlier look out the window toward the Su- . . . line attorneys, supervisors, special pros- this afternoon, with the focus on stop- preme Court, you see this: Equal Jus- ecutors, United States Attorneys, and senior ping the cruel treatment of migrant tice Under Law. It is a principle so officials at the Department of Justice. The children. foundational to our vision of a citizen- offices in which we served were small, me- She has done all this without letting run nation, a nation by and for the peo- dium, and large; urban, suburban, and rural; and located in all parts of our country. the effort to respond to Oregonians’ ple, that it was the source of my first Each of us believes that the conduct of letters fall through the cracks. She political act. President Trump described in Special Coun- probably holds the record for our team If memory serves me well, I was a sel Robert Mueller’s report would, in the responding to constituent mail, having junior in high school. I read an article case of any other person not covered by the

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.046 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5021 Office of Legal Counsel policy against indict- as long as the Attorney General is A threshold question is whether the Presi- ing a sitting President, result in multiple blocking it. It can be done only by the dent in fact directed McGahn to have the felony charges for obstruction of justice. House. That is why the House has to Special Counsel removed. After news organi- The Mueller report describes several acts act now and has to proceed to put to- zations reported that in June 2017 the Presi- that satisfy all of the elements for an ob- dent had ordered McGahn to have the Spe- struction charge, conduct that obstructed or gether a committee on impeachment or cial Counsel removed, the President publicly attempted to obstruct the truth-finding this principle means nothing. disputed these accounts, and privately told process, as to which the evidence of corrupt Then it would come to this Chamber McGahn that he had simply wanted McGahn intent and connection to pending pro- to hold the actual trial. But there will to bring conflicts of interest to the Depart- ceedings is overwhelming. These include: be no trial if there is no indictment. ment of Justice’s attention. . . . Some of the The President’s efforts to fire Mueller and There is no trial in the Senate Cham- President’s specific language that McGahn to falsify evidence about that effort; recalled from the calls is consistent with The President’s efforts to limit the scope ber if there is no impeachment, and there is no credibility to this principle that explanation. Substantial evidence, how- of Mueller’s investigation to exclude his con- ever, supports the conclusion that the Presi- duct; and in America if the House doesn’t act. dent went further and in fact directed The President’s efforts to prevent wit- So I call upon the House to convene McGahn to call Rosenstein to have the Spe- nesses from cooperating with the investiga- that committee and to conduct that cial Counsel removed. tors probing him and his campaign. impeachment inquiry, and if they come First, McGahn’s clear recollection was This statement goes on in some de- out of that inquiry with 1,000 Federal that the President directed him to tell tail, but the point that needs to be re- prosecutors, they must act and vote to Rosenstein not only that conflicts existed peated is this point: ‘‘Each of us be- impeach. but also that ‘‘Mueller has to go.’’ McGahn is lieves that the conduct of President This cannot be about politics: Is it a a credible witness with no motive to lie or exaggerate given the position he held in the Trump described in Special Counsel smart thing to do? How will it affect White House. McGahn spoke with the Presi- Robert Mueller’s report would, in the the next election? Will it put our Presi- dent twice and understood the directive the case of any other person . . . result in dential candidates in a strange space? same way both times, making it unlikely multiple felony charges.’’ Let’s do an opinion poll of America. that he misheard or misinterpreted the In other words, 1,000—in fact, more No, absolutely not. President’s request. In response to that re- than 1,000—Federal prosecutors said, in Our institutions are under assault, quest, McGahn decided to quit because he did their minds, reading just this report, and we have a responsibility because not want to participate in events that he de- that the President has committed mul- we took an oath of office to the Con- scribed as akin to the Saturday Night Mas- sacre. tiple crimes. stitution to defend this principle. The What happened to the principle of House took the same oath, and they That is a reference to Watergate. equal justice under the law? There are have a responsibility to defend that He called his lawyer, drove to the White 1,000 Federal prosecutors who said that principle. House, packed up his office, prepared to sub- anyone else—you or you or you—would I am going to take the time to lay mit a resignation letter with his chief of be indicted for felonies as a result of staff, told Priebus that the President had out four of those charges of obstruction asked him to ‘‘do crazy shit,’’ and informed the conduct that is in this report. But justice just to set the stage for tomor- Priebus and Bannon that he was leaving. the President has not been indicted. row. Those acts would be a highly unusual reac- Why has he not been indicted? It is This is what is referred to as a ‘‘heat tion to a request to convey information to simply this: An indictment has to stem map.’’ It lays out different cases in the Department of Justice. from the Department of Justice, which which the President interfered with the Second, in the days before the calls to is now run by an Attorney General who judicial process, and then it proceeds McGahn, the President, through his counsel, has dedicated himself to preventing the to ask: Is there substantial evidence of had already brought the asserted conflicts to President from being held accountable the attention of the Department of Justice. the three things that are needed as a Accordingly, the President had no reason to rather than to the principle of equal foundation for saying that a felony have McGahn call Rosenstein that weekend justice under the law. crime has been committed? to raise conflicts issues that already had No one who does not believe in the The first is, was there an obstructive been raised. founding principle of our Nation should act? The second is, was there a nexus Third, the President’s sense of urgency and ever serve as Attorney General of the to an issue? The third is, was there repeated requests to McGahn to take imme- United States. Yet he serves and re- criminal intent? diate action on a weekend—‘‘You gotta do fuses to conduct his responsibilities There are four cases in which capable this. You gotta call Rod.’’—support McGahn’s recollection that the President under the Constitution. That is why individuals have reviewed the Mueller there is no choice but for the House to wanted the Department of Justice to take report and have said yes on all three— action to remove the Special Counsel. Had act. In the failure of Attorney General meaning, each of these is red. the President instead sought only to have Barr to honor the principle that our Let’s take a look at this. First, let’s the Department of Justice re-examine as- Nation was founded on, equal justice turn to this issue of efforts to fire serted conflicts to evaluate whether they under the law, the only recourse is the Mueller. I am reading now from page 87 posed an ethical bar, it would have been un- House of Representatives. of this hefty report on the investiga- necessary to set the process in motion on a Down this hallway, through these tion, the special counsel’s report. Saturday and to make repeated calls to McGahn. double doors, not far away, is the On page 87, under ‘‘Analysis,’’ it pro- House of Representatives, which is Finally, the President had discussed ceeds to say: ‘‘In analyzing the Presi- ‘‘knocking out Mueller’’ and raised conflicts charged under the Constitution with dent’s direction to McGahn to have the of interest in a May 23, 2017 call to McGahn, determining if a President has com- Special Counsel removed, the following reflecting that the President connected the mitted high crimes and misdemeanors. evidence is relevant to the elements of conflicts to a plan to remove the Special While there may be a discussion of ex- obstruction of justice.’’ Counsel. And in the days leading up to June actly what is meant by high crimes and Then he walks through each of these 17, 2017, the President made clear to Priebus misdemeanors, surely they entail acts three pieces: and Bannon, who then told Ruddy, that the President was considering terminating the of obstruction of justice for which any Obstructive act. As with the President’s other American would have been in- Special Counsel. Also, during this time pe- firing of Comey, the attempt to remove the riod, the President reached out to Christie to dicted. Surely, felony crimes qualify. Special Counsel would qualify as an obstruc- get his thoughts on firing the Special Coun- The House doesn’t determine guilt or tive act if it would naturally obstruct the in- sel. This evidence shows that the President innocence. The House plays the role of vestigation and any grand jury proceedings was not just seeking an examination of Federal prosecutors who are deciding that might flow from the inquiry. Even if the whether conflicts existed but instead was whether to indict. Is the evidence suffi- removal of the lead prosecutor would not looking to use asserted conflicts as a way to cient to say it is credible and substan- prevent the investigation from continuing terminate the Special Counsel. under a new appointee, a factfinder would tial that the individual conducted a need to consider whether the act had the po- So those are the obstructive acts, ef- felony, a crime? The answer by 1,000 tential to delay further action in the inves- forts to fire special counsel Mueller. Federal prosecutors is absolutely. tigation, chill the actions of any replace- Nexus to an official proceeding [the second It can’t be done by the Supreme ment Special Counsel, or otherwise impede test]. To satisfy the proceeding requirement, Court. It can’t be done by the judiciary the investigation. it would be necessary to establish a nexus

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.048 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5022 CONGRESSIONAL RECORD — SENATE July 23, 2019 between the President’s act of seeking to of interest were ‘‘silly’’ and did not provide as an obstructive act if it would naturally terminate the Special Counsel and a pending a basis to remove the Special Counsel. On obstruct the investigation in any grand jury or foreseeable grand jury proceeding. June 13, 2017, the Acting Attorney General proceedings that might flow from the in- Substantial evidence indicates that by testified before Congress that no good cause quiry. June 17, 2017, the President knew his conduct for removing the Special Counsel existed, The President sought to have Sessions an- was under investigation by a federal pros- and the President dictated a press statement nounce that the President ‘‘shouldn’t have a ecutor who could present any evidence of to Sanders saying he had no intention of fir- Special Prosecutor/Counsel’’ and that Ses- federal crimes to a grand jury. On May 23, ing the Special Counsel. But the next day, sions was going to ‘‘meet with the Special 2017, McGahn explicitly warned the Presi- the media reported that the President was Prosecutor to explain this is very unfair and dent that his ‘‘biggest exposure’’ was not his under investigation for obstruction of justice let the Special Prosecutor move forward act of firing Comey but his ‘‘other contacts’’ and the Special Counsel was interviewing with investigating election meddling for fu- and ‘‘calls,’’ and his ‘‘ask re: Flynn.’’ By witnesses about events related to possible ture elections so that nothing can happen in early June, it was widely reported in the obstruction—spurring the President to write future elections.’’ The President wanted Ses- media that federal prosecutors had issued critical tweets about the Special Counsel’s sions to disregard his recusal from the inves- grand jury subpoenas in the Flynn inquiry investigation. The President called McGahn tigation, which had followed from a former and that the Special Counsel had taken over at home that night and then called him on DOJ ethics review, and have Sessions declare the Flynn investigation. On June 9, 2017, the Saturday from Camp David. The evidence ac- that he knew ‘‘for a fact’’ that ‘‘there were Special Counsel’s Office informed the White cordingly indicates that news that an ob- no Russians involved in the campaign’’ be- House that investigators would be inter- struction investigation had been opened is cause he ‘‘was there.’’ The President further viewing intelligence agency officials who al- what led the President to call McGahn to directed that Sessions should explain that legedly had been asked by the President to have the Special Counsel terminated. the President should not be subject to an in- There also is evidence that the President push back against the Russia investigation. vestigation ‘‘because he hasn’t done any- knew that he should not have made those On June 14, 2017, news outlets began report- thing wrong.’’ Taken together, the Presi- calls to McGahn. The President made the ing that the President himself was being in- dent’s directives indicate that Sessions was calls to McGahn after McGahn had specifi- vestigated for obstruction of justice. Based being instructed to tell the Special Counsel cally told the President that the White to end the existing investigation into the on widespread reporting, the President knew House Counsel’s Office—and McGahn him- that such an investigation could include his President and his campaign, with the Special self—could not be involved in pressing con- Counsel being permitted to ‘‘move forward request for Comey’s loyalty; his request that flict claims and that the President should Comey ‘‘let[] Flynn go’’; his outreach to with investigating election meddling for fu- consult with his personal counsel if he ture elections.’’ Coats and Rogers; and his termination of wished to raise conflicts. Instead of relying Comey and statement to the Russian For- on his personal counsel to submit the con- So the obstructive act was perceived eign Minister that the termination had re- flicts claims, the President sought to use his to box in the Mueller investigation so lieved ‘‘great pressure’’ related to Russia. official powers to remove the Special Coun- it wouldn’t touch on the President. And on June 16, 2017, the day before he di- sel. And after the media reported on the That is an obstruction of justice. But is rected McGahn to have the Special Counsel President’s actions, he denied that he had removed, the President publicly acknowl- there a nexus to an official proceeding? ever ordered McGahn to have the Special That is next addressed in the Mueller edged that his conduct was under investiga- Counsel terminated and made repeated ef- tion by a federal prosecutor, tweeting, ‘‘I am forts to have McGahn deny the story, as dis- report as follows: being investigated for firing the FBI Direc- cussed in Volume II. . . . Those denials are As described above, by the time of the tor by the man who told me to fire the FBI contrary to the evidence and suggest the President’s initial one-on-one meeting with Director!’’ President’s awareness that the direction to Lewandowski on June 19, 2017, the existence That covers the nexus to an official McGahn could be seen as improper. of a grand jury investigation supervised by proceeding, but what about this third So there it is—obstruction, a nexus the Special Counsel was public knowledge. By the time of the President’s follow-up issue, this issue of intent? to an investigation, and criminal in- meeting with Lewandowski— Reading again from the special coun- tent. Those are the efforts to fire I bet you would like to know what sel’s report evaluating this, going to Mueller. That is the first one laid out comes next, but take a look here. I the issue of intent on efforts to fire in this quote that I am reading from, can’t tell you because it has been Mueller: the first one that I am conveying to blacked out. So whatever it was, it cre- you all, and there are four of these I Substantial evidence indicates that the ated a key point about the nexus to the President’s attempts to remove the Special am going to go through to set the stage official proceeding. The section goes on Counsel were linked to the Special Counsel’s for understanding the gravity of what after the blacked out section: oversight of investigations that involved the is happening in the United States. I President’s conduct—and, most imme- think this conversation has been going To satisfy the nexus requirement, it would be necessary to show that limiting the Spe- diately, to reports that the President was on for so long that people have lost being investigated for potential obstruction cial Counsel’s investigation would have the of justice. sight of the egregious nature and the natural and probable effect of impeding that Before the President terminated Comey, criminal nature of the President’s con- grand jury proceeding. the President considered it critically impor- duct—at least the degree laid out in ex- So nexus and substantial evidence. tant that he was not under investigation and quisite detail, as I am reading it to Let’s go to intent. Again, I am reading that the public not erroneously think he was you—and that more than 1,000 former from page 97: being investigated. As described in Volume Federal prosecutors who have looked Substantial evidence indicates that the II . . . advisors perceived the President, at these top four issues and others have President’s effort to have Sessions limit the while he was drafting the Comey termi- said that anyone else would be in- scope of the Special Counsel’s investigation nation letter, to be concerned more than dicted, meaning that in their minds, to future election interference was intended anything else about getting out that he was to prevent further investigative scrutiny of not personally under investigation. When the these acts met the three tests for fel- the President’s and his campaign’s conduct. President learned of the appointment of the ony conduct; that is, in their view, the Special Counsel on May 17, 2017, he expressed President committed crimes. That sums it up. Then it goes on in further concern about the investigation, say- So the second issue is efforts to cur- some greater detail: ing ‘‘[t]his is the end of my Presidency.’’ The tail the Mueller investigation. The As previously described, see Volume II . . . President also faulted Sessions for recusing, first was to fire Mueller, and the sec- the President knew that the Russian inves- saying ‘‘you were supposed to protect me.’’ ond was to curtail the investigation. I tigation was focused in part on his cam- On June 14, 2017, when the Washington will start reading the analysis laid out paign, and he perceived allegations of Rus- Post reported that the Special Counsel was starting on page 97, continuing through sian interference to cast doubt on the legit- investigating the President for obstruction page 98. imacy of his election. The President further of justice, the President was facing what he knew that the investigation had broadened In analyzing the President’s efforts to have had wanted to avoid: a criminal investiga- to include his own conduct and whether he Lewandowski deliver a message directing tion into his own conduct that was the sub- had obstructed justice. Those investigations Sessions to publicly announce that the Spe- ject of widespread media attention. The evi- would not proceed if the Special Counsel’s cial Counsel investigation would be confined dence indicates that news of the obstruction jurisdiction were limited to future election to future election interference, the following investigation prompted the President to call interference only. McGahn and seek to have the Special Coun- evidence is relevant to the elements of ob- The timing and circumstances of the Presi- sel removed. By mid-June, the Department struction of justice. dent’s actions support the conclusion that he of Justice had already cleared the Special Looking first to the obstructive act. sought that result. The President’s initial di- Counsel’s service and the President’s advi- The President’s effort to send Sessions a rection that Sessions should limit the Spe- sors had told him that the claimed conflicts message through Lewandowski would qualify cial Counsel’s investigation came just 2 days

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.049 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5023 after the President ordered McGahn to have There is some evidence that at the time of’’ McGhan if McGhan did not comply. the Special Counsel removed, which itself the New York Times and Washington Post McGhan again refused and told Porter, as he followed public reports that the President stories were published in late January 2018, told Sanders and as his counsel had told the was personally under investigation for ob- the President believed the stories were President’s counsel, that the President had struction of justice. The sequence of those wrong and that he had never told McGhan to in fact ordered him to have Rosenstein re- events raises an inference that after seeking have Rosenstein remove the Special Counsel. move the Special Counsel. That evidence in- to terminate the Special Counsel, the Presi- The President correctly understood that dicates that by the time of the Oval Office dent sought to exclude his and his cam- McGhan had not told the President directly meeting the President was aware that paign’s conduct from the investigation’s that he planned to resign. In addition, the McGhan did not think the story was false scope. The President raised the matter with President told Priebus and Porter that he and did not want to issue a statement or cre- Lewandowski again on July 19, 2017, just had not sought to terminate the Special ate a written record denying facts that days after emails and information about the Counsel, and in the Oval Office meeting with McGhan believed to be true. The President June 9, 2016 meeting between Russians and McGhan, the President said, ‘‘I never said to nevertheless persisted and asked McGhan to senior campaign officials had been publicly fire Mueller. I never said ‘fire.’ ’’ That evi- repudiate facts that McGhan had repeatedly disclosed, generating substantial media cov- dence could indicate that the President was said were accurate. erage and investigative interest. not attempting to persuade McGhan to So that is the evidence of the order The manner in which the President acted change his story but instead offering his own to McGhan to deny that he had been provides additional evidence of his intent. but different recollection of the substance of Rather than rely on official channels, the instructed to fire Mueller by the Presi- his June 2017 conversations with McGhan dent. But is there a nexus to an official President met with Lewandowski alone in and McGhan’s reaction to them. the Oval Office. The President selected a Other evidence cuts against that under- proceeding—the second test? The spe- loyal ‘‘devotee’’ outside the White House to standing of the President’s conduct. cial counsel’s report continues to ad- deliver the message, supporting an inference That is an important line to under- dress that issue. that he was working outside White House Nexus to an official proceeding. By Janu- channels, including McGahn, who had pre- stand. Is it possible that the President simply had a different recollection? ary 2018, the Special Counsel’s use of a grand viously resisted contacting the Department jury had been further confirmed by the re- of Justice about the Special Counsel. The And the answer in the special prosecu- turn of several indictments. The President President also did not contact the Acting At- tor’s report is this: ‘‘Other evidence also was aware that the Special Counsel was torney General, who had just testified pub- cuts against that understanding.’’ investigating obstruction-related events be- licly that there was no cause to remove the The special counsel continues: cause, among other reasons, on January 8, Special Counsel. Instead, the President tried As previously described, see Volume II . . . 2018, the Special Counsel’s office provided his to use Sessions to restrict and redirect the substantial evidence supports McGhan’s ac- counsel with a detailed list of topics for a Special Counsel’s investigation when Ses- count that the President had directed him to possible interview with the President. The sions was recused and could not properly have the Special Counsel removed, including President knew that McGhan had personal take any action on it. the timing and context of the President’s di- knowledge in many of the events the Special The July 19, 2017 events provide further rective; the manner in which McGhan re- Counsel was investigating and that McGhan evidence of the President’s intent. The Presi- acted; and the fact that the President had had already been interviewed by Special dent followed up with Lewandowski in a sep- Counsel investigators. And in the Oval Office arate one-on-one meeting one month after he been told the conflicts were insubstantial, meeting, the President indicated he knew first dictated the message for Sessions, dem- were be being considered by the Department onstrating he still sought to pursue the re- of Justice, and should be raised with the that McGhan had told the Special Counsel’s quest. And just hours after Lewandowski as- President’s personal counsel rather than Office about the President’s effort to remove sured the President that the message would brought to McGhan. In addition, the Presi- the Special Counsel. The President chal- soon be delivered to Sessions, the President dent’s subsequent denials that he had told lenged McGhan for disclosing that informa- gave an unplanned interview to the New McGhan to have the Special Counsel re- tion and for taking notes that he viewed as York Times in which he publicly attacked moved were carefully worded. When first creating unnecessary legal exposure. That Sessions and raised questions about his job asked about the New York Times story, the evidence indicates the President’s awareness security. Four days later, on July 22, 2017, President said, ‘‘Fake news, folks. Fake that the June 17, 2017 events were relevant to the President directed Priebus to obtain Ses- news. A typical New York Times fake the Special Counsel’s investigation and any sions’ resignation. That evidence could raise story.’’ And when the President spoke with grand jury investigation that might grow an inference that the President wanted Ses- McGhan in the Oval Office, he focused on out of it. sions to realize that his job might be on the whether he had used the word ‘‘fire,’’ saying, To establish a nexus, it would be necessary line as he evaluated whether to comply with ‘‘I never said to fire Mueller. I never said to show that the President’s actions would the President’s direction that Sessions pub- ‘‘fire.’’ have the natural tendency to affect such a licly announce that, notwithstanding his He then said: proceeding or that they would hinder, delay or prevent the communication of informa- recusal, he was going to confine the Special ‘‘Did I say the word ‘fire’? The President’s tion to investigators. Because McGhan had Counsel’s investigation to future election in- assertion in the Oval Office meeting that he spoken to Special Counsel investigators be- terference. had never directed McGhan to have the Spe- fore January 2018, the President could not cial Counsel removed thus runs counter to It is laid out in great detail—an ob- have been seeking to influence his prior the evidence. structive act, a nexus to an official statements in those interviews. But because In addition, even if the President sincerely proceeding, and the issue of intent. McGhan had repeatedly spoken to investiga- disagreed with McGhan’s memory of the This did not happen by accident—not tors and the obstruction inquiry was not June 17, 2017 events, the evidence indicates complete, it was foreseeable that he would be on the efforts to fire Mueller and not that the President knew by the time of the interviewed again on obstruction-related on the efforts to curtail the Mueller in- Oval Office meeting that McGhan’s account topics. If the President were focused solely vestigation. differed and that McGhan was firm in his on a press strategy in seeking to have Now we will go to the third major views. Shortly after the story broke, the McGhan refute the New York Times article, point here—the order to McGahn to President’s counsel told McGhan’s counsel a nexus to a proceeding or to further inves- that the President wanted McGhan to make deny the attempt to fire Mueller. This tigative interviews would not be shown. But a statement denying he had been asked to analysis in the special prosecutor’s re- the President’s efforts to have McGhan write fire the Special Counsel, but McGhan re- port starts on page 118. a letter ‘‘for our records’’ approximately ten sponded through his counsel that that aspect days after the story had come out—well past In analyzing the President’s efforts to have of the story was accurate and he therefore the typical time to issue a correction for a McGahn deny that he had been ordered to could not comply with the President’s re- news story—indicates the President was not have the Special Counsel removed, the fol- quest. The President then directed Sanders focused solely on press strategy, but instead lowing evidence is relevant to the elements to tell McGhan to correct the story, but likely contemplated the ongoing investiga- of obstruction of justice. McGhan told her he would not do so because tion and any proceedings arising from it. First, obstructive act. the story was accurate in reporting on the The President’s repeated efforts to get President’s order. Consistent with that posi- So that is the nexus. McGahn to create a record denying that the tion, McGhan never issued a correction. And now to intent. President had directed him to remove the More than a week later, the President Substantial evidence indicates that in re- Special Counsel would qualify as an obstruc- brought up the issue again with Porter, peatedly urging McGhan to dispute that he tive act if it had a natural tendency to con- made comments indicating that the Presi- was ordered to have the Special Counsel ter- strain McGahn from testifying truthfully or dent thought McGhan had leaked the story, minated, the President acted for the purpose to undermine his credibility as a potential and directed Porter to have McGhan create a of influencing McGhan’s account in order to witness if he testified consistently with his record denying that the President had tried deflect or prevent further scrutiny of the memory rather than with what the record to fire the Special Counsel. At that point, President’s conduct towards the investiga- said. the President said he might ‘‘have to get rid tion.

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.051 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE S5024 CONGRESSIONAL RECORD — SENATE July 23, 2019 That summarizes the intent. for Manafort, the President said, ‘‘I do want President intended to encourage Manafort to Let me just repeat a piece of that. to see people treated fairly. That’s what it’s not cooperate with the government. Before Substantial evidence indicates that in re- all about.’’ Later that day, after Manafort’s Manafort was convicted, the President re- peatedly urging McGhan to dispute that he bail was revoked, the President called it a peatedly stated that Manafort had been was ordered to have the Special Counsel ter- ‘‘tough sentence’’ that was ‘‘Very unfair!’’ treated unfairly. One day after Manafort was minated— Two days later, the President’s personal convicted on eight felony charges and poten- counsel stated that individuals involved in tially faced a lengthy prison term, the Presi- In other words, his repeated efforts the Special Counsel’s investigation could re- dent said that Manafort was a ‘‘brave man’’ to have McGhan lie— ceive a pardon ‘‘if in fact the [P]resident and for refusing to ‘‘break’’ and that ‘‘flipping’’ the President acted for the purpose of in- his advisors . . . come to the conclusion that ‘‘almost ought to be outlawed.’’ At the same fluencing McGhan’s account in order to de- you have been treated unfairly’’—using lan- time, although the President privately told flect or prevent further scrutiny of the Presi- guage that paralleled how the President had aides he did not like Manafort, he publicly dent’s conduct. . . . already described the treatment of Manafort. called Manafort ‘‘a good man’’ and said he Several facts support that conclusion. The Those statements, combined with the Presi- had a ‘‘wonderful family.’’ And when the President made repeated attempts to get dent’s commendation of Manafort for being a President was asked whether he was asked McGhan to change his story. ‘‘brave man’’ who ‘‘refused to ‘break,’ ’’ sug- whether he was considering a pardon for Not just one, but repeated attempts. gested that a pardon was a more likely possi- Manafort, the President did not respond di- bility if Manafort continued not to cooperate As described above, by the time of the last rectly and instead said he had ‘‘great respect with the government. And while Manafort for what [Manafort]’s done, in terms of what attempt, the evidence suggests that the eventually pleaded guilty pursuant to a co- President had been told on multiple occa- he’s gone through.’’ The President added operation agreement, he was found to have that ‘‘some of the charges they threw sions that McGhan believed the President violated the agreement by lying to inves- had ordered him to have the Special Counsel against him, every consultant, every lob- tigators. byist in Washington probably does.’’ In light terminated. McGhan interpreted his encoun- The President’s public statements during ter with the President in the Oval Office as of the President’s counsel’s previous state- the Manafort trial, including during jury de- ments that the investigations ‘‘might get an attempt to test his mettle and see how liberations, also had the potential to influ- committed he was to his memory of what cleaned up with some presidential pardons’’ ence the trial jury. On the second day of and that a pardon would be possible if the had occurred. The President had already laid trial, for example, the President called the the groundwork for pressing McGhan to alter President come[s] to the conclusion that you prosecution a ‘‘terrible situation’’ and a have been treated unfairly.’’ The evidence his account by telling Porter that it might ‘‘hoax’’ that ‘‘continues to stain our coun- supports the inference that the President in- be necessary to fire McGhan if he did not try’’ and referred to Manafort as a ‘‘Reagan/ tended Manafort to believe that he could re- deny the story, and Porter relayed that Dole darling’’ who was ‘‘serving solitary con- ceive a pardon, which would make coopera- statement to McGhan. Additional evidence finement’’ even though he was ‘‘convicted of tion with the government as a means of a of the President’s intent might be gleaned nothing.’’ Those statements were widely lesser sentence unnecessary. from the fact that his counsel was suffi- picked up by the press. While jurors were in- ciently alarmed by the prospect of the Presi- structed not to watch or read news stories To read that again: dent’s meeting with McGhan that he called about the case and are presumed to follow The evidence supports the inference that McGhan’s counsel and said that McGhan those instructions, the President’s state- the President intended Manafort to believe could not resign no matter what happened in ments during the trial generated substantial that he could receive a pardon which would the Oval Office that day. The President’s media coverage that could have reached ju- make cooperation with the government as a counsel was well aware of McGhan’s resolve rors if they happened to see the statements means of obtaining a lesser sentence unnec- not to issue what he believed to be a false ac- or learned about them from others. essary. count of events despite the President’s re- And the President’s statements during de- The special counsel continues under quest. Finally, as noted above, the President liberations of Manafort ‘‘happens to be a intent: brought up the Special Counsel investigation very good person’’ and that ‘‘it’s very sad We also examined the evidence of the in his Oval Office meeting with McGhan and what they’ve done to Paul Manafort’’ had President’s intent making public statements criticized him for telling this Office about the potential to influence jurors who learned about Manafort at the beginning of his trial the June 17, 2017 events. The President’s of the statements, which the President made and when the jury was deliberating. Some statements reflect his understanding—and just as jurors were considering whether to evidence supports a conclusion the President his displeasure—that those events would be convict or acquit Manafort. intended, at least in part, to influence the part of an obstruction-of-justice inquiry. Let me point out here that I see in jury. The trial generated widespread pub- So there it is—the intent, all laid out this book substantial sections have licity, and as the jury began to deliberate, very, very clearly in this report—ob- been blocked out under No. 8, the Ob- commentators suggested that an acquittal structive acts, a nexus to an official structive Act and under section C, the would add pressure to end the Special Coun- proceeding, and the clear intent. Intent. In spite of part of that section sel’s investigation. By publicly stating on So let’s turn to the fourth issue: Con- being blacked out, that was the sub- the second day of deliberations that duct toward Manafort. This can be stantial evidence of the effort to influ- Manafort ‘‘happens to be a very good person’’ found on page 131 of the special coun- ence Paul Manafort and obstruct jus- and that ‘‘it’s very sad what they’ve done to tice. Paul Manafort’’ right after calling the Spe- sel’s report. cial Counsel’s investigation a ‘‘rigged witch In analyzing the President’s conduct to- Nexus to an official proceeding. The Presi- hunt,’’ the President’s statements could, if wards Flynn, Manafort— dent’s actions towards Flynn and Manafort they reached jurors, have the natural tend- And a third person who has been and a third person blacked out in this book ency to engender sympathy for Manafort appeared to have been connected to pending among jurors, and a factfinder could infer blacked out in the record— or anticipated official proceedings involving the following evidence is relevant to the ele- that the President intended that result. But each individual. there are alternative explanations to the ments of obstruction of justice: The President’s conduct towards Flynn Section a, Obstructive act. President’s comments, including that he principally occurred when both were under genuinely felt sorry for Manafort or that his Here we are addressing if there is evi- criminal investigation by the Special Coun- goal was not to influence the jury but influ- dence—is there substantial evidence— sel’s Office and press reports speculated ence public opinion. The President’s com- of the President’s conduct toward about whether they would cooperate with ments also could have been intended to con- Manafort. the Special Counsel’s investigation. And the tinue sending a message to Manafort that a President’s conduct toward Manafort was di- pardon was possible. As described above, the With respect to Manafort, there is evidence rectly connected to the official proceedings that the President’s actions had the poten- President made his comments about involving him. The President made state- Manafort being ‘‘a very good person’’ imme- tial to influence Manafort’s decision whether ments about Manafort and the charges to cooperate with the government. The diately after declining to answer questions against him during Manafort’s criminal about whether he would pardon Manafort. President and his personal counsel made re- trial. And the President’s comments about peated statements suggesting that a pardon the prospect of Manafort ‘‘flipping’’ occurred You might be very interested in the was a possibility for Manafort, while also when it was clear the Special Counsel con- additional information about intent, making it clear that the President did not tinued to oversee grand jury proceedings. but I can’t read it to you because it is want Manafort to ‘‘flip’’ and cooperate with So there is the nexus laid out very blacked out. Nonetheless, in that pre- the government. On June 15, 2018, the day vious paragraph, it is clearly declared the judge presiding over Manafort’s D.C. case clearly in this report on this effort to was considering whether to revoke his bail, influence Manafort’s testimony. the evidence supports the inference the the President said that he ‘‘felt badly’’ for And then to intent, page 132. President intended Manafort to believe Manafort and stated, ‘‘I think a lot of it is Evidence concerning the President’s con- he could receive a pardon, which would very unfair.’’ And when asked about a pardon duct towards Manafort indicates that the make cooperation with the government

VerDate Sep 11 2014 03:42 Jul 24, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.053 S23JYPT1 lotter on DSKBCFDHB2PROD with SENATE July 23, 2019 CONGRESSIONAL RECORD — SENATE S5025 as a means of obtaining a lesser sen- ‘‘Equal justice under law.’’ That is Constitution, bring a committee to- tence unnecessary. what our Constitution is about, not the gether and defend the Constitution— Those are the first four cases of ob- case of a King who is above the law, so the vision—that no one in the United struction of justice in which a special we have a democratic republic, if we States of America, not even the Presi- prosecutor lays out substantial evi- can keep it. dent, is above the law. It is time—past dence on the obstructive act, on the But that means that we are in this time—to convene impeachment pro- nexus, and on the intent on the efforts principle ‘‘equal justice under law,’’ ceedings. to fire Mueller, on the efforts to curtail and if the special prosecutor is not f the Mueller investigation, on the order going to make recommendations based to McGahn to deny that he had at- on the White House executive branch ADJOURNMENT UNTIL 9:30 A.M. tempted to fire Mueller, and on the ef- principle that a President can’t be in- TOMORROW fort to influence Manafort by alluding dicted and the Department of Justice is The PRESIDING OFFICER. Under to a potential pardon. not going to do it, there is only one op- the previous order, the Senate stands There is a lot more in this book— tion, and that is the House of Rep- many other cases that, in the eyes of adjourned until 9:30 a.m. tomorrow. resentatives. The House of Representa- analysts, isn’t as strong as the first Thereupon, the Senate, at 7:51 p.m., tives has the huge responsibility of de- four, but the evidence could support it, adjourned until Wednesday, July 24, fending this principle ‘‘equal justice whether it is substantial evidence, but 2019, at 9:30 a.m. under law.’’ No one else is going to do still very serious stories of efforts to obstruct justice. it. It can’t be done here in the Senate f because the Constitution says the re- Ordinary Americans might say: If, in NOMINATIONS fact, the special prosecutor found all sponsibility is in the House of Rep- three standards met on at least four of resentatives to decide whether to im- Executive nomination received by these cases, then why hasn’t the Presi- peach a President. the Senate: dent been indicted? Well, indictment There has been a lot of discussion of DEPARTMENT OF DEFENSE has to come from the executive branch politics: Is this a smart thing to do? DAVID L. NORQUIST, OF VIRGINIA, TO BE DEPUTY SEC- and the Attorney General, who runs Does it take up too much time? How RETARY OF DEFENSE, VICE PATRICK M. SHANAHAN, RE- SIGNED. the Department of Justice, who isn’t will people respond? I can tell you this, going to do that. if the House fails to act, then this f There is a policy within the White ‘‘equal justice under law’’ means noth- House that basically says a President ing. CONFIRMATION can’t be indicted. Pull out your Con- This book is full of events that a Executive nomination confirmed by stitution and try to find where the thousand former Federal prosecutors the Senate July 23, 2019: Constitution says that a President have told us constitutes criminal con- DEPARTMENT OF DEFENSE duct, and that is why the House must, can’t be indicted. Try to find that be- MARK T. ESPER, OF VIRGINIA, TO BE SECRETARY OF cause it is not in there. in defending their oath of office to the DEFENSE.

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