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

Vol. 166 WASHINGTON, THURSDAY, FEBRUARY 27, 2020 No. 39 Senate The Senate met at 9:30 a.m. and was This is my 40th year holding Q&A in million people cannot be hermetically called to order by the President pro each of Iowa’s 99 counties. My regional sealed off from the rest of the world. tempore (Mr. GRASSLEY). staff is also committed to holding There seems to be little question that f meetings across Iowa. My Iowa staff COVID–19 will eventually cause some serves as my eyes and ears when I am degree of disruption here. PRAYER working in Washington, DC. That is The question before us now is how we The Chaplain, Dr. Barry C. Black, of- why they host mobile office hours in can help the administration and our fered the following prayer: every county and attended roughly professional medical experts continue Let us pray. 1,400 meetings across the State last their efforts to take advantage of this God of might and mercy, thank You year. head start. Our task is to make sure for providing our lawmakers with op- My regional directors tour hospitals, these dedicated professionals have portunities for courageous and noble businesses, and childcare centers. They what they need to continue preparing service. Inspire them to labor for Your meet with disaster victims, govern- in ways that are calm, smart, and ef- glory in all they think, say, and do. Il- ment officials, and senior citizens. fective. luminate their minds with the light of They attend ribbon cuttings, commu- Here in Congress, first and foremost, Your divine precepts. nity forums, and legislative discus- that means providing additional surge Lord, equip our Senators for their sions. resources for the comprehensive Fed- tasks that they may be physically fit, Serving Iowans is my top priority. I eral response. It is our job to ensure mentally alert, morally straight, and urge Iowans to contact any of my six that funding is not a limiting factor as spiritually strong. Create in them the offices across the State if I can be of public health leaders and frontline life of purity, honesty, and altruism assistance on Federal matters. medical professionals continue getting ready. that contributes solutions to the prob- I yield the floor. lems they face. That is exactly why, several days May they work with perseverance f ago, the Trump administration sub- and magnanimity for the new and bet- RESERVATION OF LEADER TIME mitted an initial request for supple- mental funding to begin the conversa- ter day toward which Your divine in- The PRESIDING OFFICER. Under tion. It was exactly the kind of action tentions guide them. the previous order, the leadership time We pray in Your faithful Name. that many of our Democratic col- is reserved. Amen. leagues had been demanding, but as f f soon as the administration did take ac- tion, to the apparent puzzlement of ba- PLEDGE OF ALLEGIANCE RECOGNITION OF THE MAJORITY LEADER sically everyone, including his fellow The President pro tempore led the Democrats, the Democratic leader Pledge of Allegiance, as follows: The PRESIDING OFFICER. The ma- began launching partisan political at- jority leader is recognized. I pledge allegiance to the Flag of the tacks at the White House instead of United States of America, and to the Repub- f working together to get this done. lic for which it stands, one nation under God, CORONAVIRUS Just days ago, the Democratic leader indivisible, with liberty and justice for all. signed a letter ‘‘strongly urging’’ this The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, the kind of funding request, but almost the TILLIS). The Senator from Iowa. continued spread of the coronavirus— instant it arrived, he began blasting it Mr. GRASSLEY. Mr. President, I ask COVID–19—has the world on notice. as ‘‘too little too late,’’ and our col- permission to speak in morning busi- Here in the United States, we are for- league continued to move the goalpost. ness for 1 minute. tunate not to be facing an immediate His strong views on the necessary The PRESIDING OFFICER. Without crisis. amount of funds varied daily. It has objection, it is so ordered. In response to early reports of the been a strange and clumsy effort to f outbreak, the administration began override normal, bipartisan appropria- monitoring efforts and enacted com- tions talks before they even happen RECOGNIZING IOWA STAFF monsense travel restrictions to help and replace them with top-down par- Mr. GRASSLEY. Mr. President, I blunt and delay the spread of the virus tisan posturing. would like to recognize what my staff here in our country. Everyone from his fellow Democrats in Iowa does because I can’t be in Iowa Obviously, as our public health ex- to President Trump have seemed per- all the time. I am in Washington, DC, perts remind us, a nation of nearly 4 plexed by the Democratic leader’s po- for long periods of time. million square miles and more than 300 litical game playing. It is not clear to

∑ 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 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.000 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1162 CONGRESSIONAL RECORD — SENATE February 27, 2020 anyone why he is prioritizing fighting tions of process and of timing, their whom she invites over for home-cooked with the White House over simply let- one-on-one relationship is the diplo- holiday meals to the Senators whose ting the appropriators do their work. matic frontline between the two sides family details she has committed to I feel confident that the coronavirus of the aisle. memory. does not care about partisan bickering The Senate, as you know, is a con- She is as happy tutoring junior staff or political news cycles. This new dis- sent-based institution. Almost every in Senate basics as talking strategy ease is not going to press pause so that practicality is made much easier with with senior members. No matter how Members can engage in performative bipartisan agreement—from scheduling late the floor was open the night be- outrage that gets us further from re- major votes to packaging nominees, to fore, the same Laura clocked in the sults rather than closer. literally turning the lights on every next morning, full of joy and maybe a This is our first step in confronting morning. And it is often Laura and her new recipe to share with fellow Senate the challenge. The Congress must be counterpart, Gary, who hammer out foodies. prepared to work together across the those details. Laura reminds us that the Senate’s aisle in a collaborative way and actu- Consider the limitless scope of this strength comes from its people. She ally get results. job. It is no wonder Laura has made a has embodied this in her professional Fortunately, it appears we will have certain piece of human resources phra- conduct, fighting to preserve and pro- an opportunity to put this cynicism be- seology into her personal mantra and tect this institution as she helped us hind us quickly and move forward in a her cloakroom’s motto: ‘‘Other duties navigate through it, and she has em- unified way. as assigned.’’ bodied this institution in her personal Bipartisan discussions are already The Secretary for the Majority is es- character as well. She treats everybody underway among our colleagues on the sential to the Senate, and so Laura has with such warmth and respect as Appropriations Committee. I have full become essential to all of us. though this Chamber were our shared confidence that Chairman SHELBY, There cannot be many father-daugh- second home—and in some cases, it lit- Senator LEAHY, and our colleagues are ter pairs in world history—in world erally has been. fully capable of handling this quite history—who have bonded over par- This staffer is so dedicated that she well. liamentary procedure, but the fact is, has rung in major milestone birthdays I have faith the committee will care- it doesn’t just seem like the Senate is on these very premises, stolen sleep on fully consider the right sum to appro- Laura’s natural habitat; she literally a couch during overnight sessions—you priate at this time to ensure our Na- grew up in this place. get the picture. Few were shocked when Laura’s pre- tion’s needs are fully funded. I hope Laura’s father, Bob Dove, started in vious attempts to leave the Senate fiz- they can work expeditiously so the full the Parliamentarian’s Office in the zled out after a year or so. I remember Senate would be able to take up the 1960s. He kept rising, and in the 1980s being relieved when I got another year, legislation within the next 2 weeks. and 1990s, he was the Parliamentarian. Bob was known for a wry saying he but I suspected she would be back. And I hope, as we move forward But this time is different. In recent would repeat after tough days: ‘‘You through this challenge, this body can months, I know Laura has grown more may love the Senate, but the Senate put reflexive partisanship aside and up- and more excited to reallocate some may not love you back.’’ hold the spirit of cooperation and col- time from her second home to her real Unfortunately, for his family, one of laboration that this will require. home, to the family she has built with the Senate’s love languages turns out f her husband Dan and their children, to be keeping people here late at night, TRIBUTE TO LAURA DOVE Abby and Jake. which meant that the Dove family din- Laura loves this body, its rules, its Mr. MCCONNELL. Mr. President, ners, orchestrated by Laura’s mom, quirks, and its history more than al- now, on an entirely different matter, Linda, sometimes happened in the cor- most anything. I say almost anything. earlier this week I said paying tribute ners of this very building. But she loves a family dinner with to departing Senate staff is one of my The exposure sparked Laura’s curi- those three, a glass of Chardonnay, and favorite and least favorite things to do, osity. Those family dinners turned into a game night by the fireplace even simultaneously. days off from school, spent wandering more. And as they prepare to send So I am especially unhappy to be the halls and trying to imitate the du- their oldest off to college soon, that back at it again today. ties of the pages. Then she put on the time is becoming extra precious. There is almost nobody—nobody—in page uniform herself, and that is how For us Senators it is hard to imagine this institution with whom I have this distinguished decades-long Senate what it is going to feel like next week worked more closely, or whose counsel career began: delivering notes, filling when Laura is not here. I imagine she I have sought more frequently, over water glasses, and studying for math may feel the same way. But I know the past 61⁄2 years than Laura Dove. tests in the attic dorms of the Library this: Those of us who remain will fre- Few people actually understand how of Congress. quently ask ourselves ‘‘What would important the Secretaries for the Ma- That was the mid-1980s. Laura Laura do?’’ And whether the issue at jority and to the Minority are to this debuted in the cloakroom right around hand is institutional or strategic or institution. These two officers super- the time I debuted as a freshman Sen- culinary, we will know asking that vise each side’s cloakroom and floor ator. Neither of us knew what awaited question will point us in the right di- staff. They are sort of like air traffic us. rection. controllers who help Senators sequence From the lowest rung to the top of I also know that Laura will be de- the bills, amendments, and nomina- the ladder, Laura threw herself into parting with some new wisdom of her tions that we vote on. They keep every literally everything. At every step, no own. She will know that, in a rare oc- office apprised of what exactly has hap- task was too insignificant and no chal- currence, her brilliant father actually pened, is happening, and will happen on lenge was too great. Laura has had a got one thing wrong—that funny old the floor. hand in every accomplishment of this saying: ‘‘You may love the Senate, but They serve as in-house procedural ex- institution for nearly a decade. She has the Senate won’t love you back.’’ Well, perts to each side, advising the leader played a significant role in literally his daughter will leave knowing that is and the chairmen. And they build close every single victory of this majority. only half true. relationships with every Member of Her job performance alone would be So, Laura, this institution cannot their side, trying to ensure the floor stunningly impressive. But what is thank you enough, nor can this major- schedule reflects everything from Sen- even more unfathomable is the level of ity, nor can I. But I feel certain you ators’ policy priorities to their per- kindness and good cheer she has main- will never quite be a stranger to the sonal scheduling conflicts. tained while doing it. She seems to Senate. I don’t think you could manage And while the two Secretaries are begin every day with a smile on her it even if you tried. So we won’t say doing all this work in parallel with face and a show tune on her lips. She goodbye. We will just conclude with each other, they are also constantly treats everybody with the same respect one more piece of Laura lingo she made working together. On many daily ques- and simple kindness, from the pages famous: ‘‘Ciao for now.’’

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.002 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1163 MEASURE PLACED ON THE But her own career began as a Senate ing opportunities, but more work needs CALENDAR—S. 3339 page, and I think perhaps her proudest to be done if the United States wants Mr. MCCONNELL. Mr. President, I accomplishment in the Senate has been to step forward into the 5G future. understand there is a bill at the desk mentoring literally the scores of pages As past chairman of the Commerce due for a second reading. who have passed through the Repub- Committee and the current chairman The PRESIDING OFFICER. The lican cloakroom on her watch. I know of the Subcommittee on Communica- clerk will read the title of the bill for she has made their experience a richer tions, Technology, Innovation and the the second time. and more meaningful one. Internet, 5G has long been a priority of The legislative clerk read as follows: So, Laura, we thank you for your mine. I have spent a lot of time focused A bill (S. 3339) to restore military prior- tireless work, the long days and the on advancing 5G deployment, espe- ities, and for other purposes. nights you put in. Your wisdom, pa- cially to rural States like my home tience, and unfailing good humor will Mr. MCCONNELL. In order to place State of South Dakota. I was very the bill on the calendar under the pro- be sorely missed by Senators and staff proud to be in Sioux Falls a few visions of rule XIV, I would object to of both parties. We wish you all the months ago when the city unveiled one further proceedings. very best in your future endeavors, and of the first 5G networks in the country. The PRESIDING OFFICER. Objec- I hope that your next job will involve In 2018, the President signed into law tion having been heard, the bill will be fewer late nights and more time for lei- legislation that I developed to increase placed on the calendar. sure, including loading up the RV and access to critical spectrum, and I have The PRESIDING OFFICER. The ma- making another trip to the Black Hills also introduced legislation to facilitate jority whip. of South Dakota. small cell deployment, especially in Mr. THUNE. Mr. President, I want to 5G rural areas. join with the leader and my colleagues Mr. THUNE. Mr. President, most of Today, I am introducing legislation in thanking and recognizing Laura us think that today’s internet is pretty to address the other part of the 5G Dove, who is leaving us and the Senate fast. We receive traffic updates basi- equation—creating a large enough at the end of the week. I don’t think cally in realtime, get emails within a workforce to deploy and maintain all there is anybody else more identified second or two, and stream our favorite those small cells. As I said, industry with the U.S. Senate by Senators and shows whenever and wherever we want. and community colleges have both their staffs than Laura. But as advanced as today’s internet is, stepped forward to provide programs to When the leader was arriving here as the next generation of internet 5G will train workers. Places like VIKOR Tele- a freshman Senator, I was arriving as a make 4G look like dial-up. construction and Southeast Tech in young 24-year-old staffer and happened For instance, 5G mobile broadband Sioux Falls, SD, are already helping to to, I think, overlap, as well, when technology will deliver speeds up to 100 train the 5G workforce of the future. Laura was a page here. So she has been times faster than what today’s tech- But more work needs to be done. here; this has been her life; and many nology can deliver. It will be vastly My Telecommunications Skilled of us have had the opportunity through more responsive than 4G technology, Workforce Act would help increase the the years to observe her in action and and it will be able to connect 100 number of workers enrolled in 5G to realize not only how talented and times—100 times—the number of de- training programs and identify ways to gifted she is but what a person of in- vices that can be connected with 4G. grow the telecommunications work- While that will make it even easier credible integrity and character as force to meet the demands of 5G. My to do the things we do today, like well. bill would require the Department of check our email or stream our favorite She spent more than two decades Labor to bring together our Federal shows, the biggest benefits of 5G will serving in the Senate and three weeks partners, as well as individuals on the lie in the other technologies it will en- serving as my seatmate during the im- ground, deploying next-generation able—precision agriculture, medical peachment trial, which I am hoping telecommunications services. The re- and surgical innovation, safer vehicles, wasn’t the last straw in convincing her sulting working group would be re- and much more. quired to identify any current laws or to retire. The technology for 5G is already For the last 7 years, she has been the regulations that are making it difficult here, but there is more work to be done for educational institutions and busi- Secretary of the Minority and Major- to get to nationwide 5G deployment. A nesses to establish programs to help ity, a role that involves managing the key part of getting to that point is de- Republican cloakroom, helping develop veloping the workforce that will be re- meet the workforce needs of the the floor schedule, keeping Members quired to install and maintain the 5G telecom industry. It would also be required to identify informed about votes, and providing network. Members with legislative and par- Current internet technology relies on existing Federal programs to help ad- liamentary counsel. cell phone towers, but 5G technology dress workforce shortages, as well as Laura has done all that and more will require not just traditional cell ways the Federal Government could over the past 7 years and has done it phone towers but small antennas called encourage or incentivize growth in the with distinction. All of us on this side small cells that can often be attached telecommunications workforce, includ- of the aisle rely on her counsel, and to existing infrastructure like utility ing the deployment of fixed broadband there is no way we would have been poles or buildings. in our rural areas. My bill would also able to accomplish all that we have ac- Wireless providers will have to in- direct the Department of Labor and the complished in the past few years with- stall nearly 800,000 small cells around Federal Communications Commission out her wisdom and expertise. She has the Nation to support a nationwide 5G to issue guidance for States to help the rare ability to tell Senators no—al- network. Of course, after installation, them leverage existing Federal re- ways with a smile—and actually have every one of those small cells will have sources for growing their telecommuni- them listen. to be monitored and maintained. That cations workforces and to help them I have sought Laura’s advice many will require a substantial increase in improve recruitment for industry-led times, especially since becoming whip the telecommunications workforce. telecommunications development pro- last year, and I will greatly miss her It is estimated that deploying the grams like the Wireless Infrastructure counsel, although I am hopeful she will necessary infrastructure for 5G will Association’s Telecommunications In- be leaving a forwarding address for fu- create approximately 50,000 new con- dustry Registered Apprenticeship Pro- ture questions. struction jobs each year over the build- gram. As the leader pointed out, you might out period, and that is just for con- I appreciate my colleagues, Senators say Laura was raised on the Senate. struction. Right now there simply Tester, Moran, and Peters, for Her father Robert ‘‘Bob’’ Dove twice aren’t enough workers with the nec- partnering with me on this bill. served as Senate Parliamentarian and essary training to meet the needs of Getting to 5G in the near future is had a Senate career that spanned near- nationwide 5G. important for our whole country—both ly 40 years, so Laura grew up steeped in Industry and community colleges economically and for the advances it Senate procedure and tradition. have stepped forward to provide train- will bring in fields like medicine and

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.003 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1164 CONGRESSIONAL RECORD — SENATE February 27, 2020 auto safety—which is why it has been a local clubs a curve ball—a curve that The senior assistant legislative clerk major priority of mine over the past would hurt baseball, hurt local econo- read the nomination of Travis Greaves, few years. mies, and the fields of dreams in my of the District of Columbia, to be a I am particularly motivated by the home State. That is three strikes right Judge of the United States Tax Court benefits that 5G could bring to my there. for a term of fifteen years. home State of South Dakota. The abil- I have got news. Don’t count us base- The PRESIDING OFFICER. The Sen- ity to deploy precision agriculture on a ball fans out. These local communities ator from Wyoming. wide scale would have huge benefits for and this U.S. Senator aren’t going to HEALTHCARE South Dakota farmers. Better access to sit on the sidelines. Now, here is the Mr. BARRASSO. Mr. President, I telemedicine could bring better news: Major League Baseball said that come to the floor today as the Demo- healthcare to thousands of residents in it may cut ties with as many as 42 crats continue to scare the American my home State and other rural areas. Minor League clubs, including three public when it comes to their To get to these benefits, we have to en- historic affiliates in Iowa: The Bur- healthcare. sure the telecommunications compa- lington Bees, the Clinton This week’s Democratic Presidential nies are able to find the workers they LumberKings, and the Quad Cities debate the other night in South Caro- need. River Bandits. lina was a free-for-all. Their I hope we can quickly advance this I have been in communication with frontrunner, a man I believe to be a legislation so the United States can the deputy commissioner of Major dangerous democratic Socialist, BER- continue her march into the 5G future. League Baseball, Dan Halem, both in NIE SANDERS, is in the spotlight, and he I yield the floor. letters and on the phone, about the im- seems to be in the lead. Socialist tax- I suggest the absence of a quorum. portance of these teams to Iowa. I am and-spend policies remain on full dis- The PRESIDING OFFICER (Mrs. sure a lot of my colleagues have made play. HYDE-SMITH.) The clerk will call the the same contacts. The top policy priority of the Demo- roll. I have also joined, with a bipartisan crats would destroy healthcare freedom The legislative clerk proceeded to group of my colleagues, in introducing in America. They are proposing a com- call the roll. a resolution today supporting all Minor plete government takeover of our Na- Mr. GRASSLEY. Madam President, I League Baseball teams across the tion’s healthcare system—a complete ask unanimous consent that the order country. For generations of Iowans, government takeover. They call it for the quorum call be rescinded. these ball clubs are a vibrant source of Medicare for All, but let’s take a look The PRESIDING OFFICER. Without civic pride, a vibrant source of enter- at what that actually means. It means objection, it is so ordered. tainment, and—would you believe it— that 180 million Americans who get f also a vibrant source of economic de- their health insurance through work TRIBUTE TO LAURA DOVE velopment. would lose that insurance. They would While I have been to just a handful of lose that health insurance. Washington Mr. GRASSLEY. Madam President, I bureaucrats would be in control of come to the floor for two reasons. I am Major League Baseball games, I have fond, fond memories of going to Minor healthcare. first going to recognize the good work The Sanders proposal has a price tag that the Secretary for the Majority, League Baseball games in Waterloo, IA. We call them the Waterloo White of $34 trillion—$34 trillion with a ‘‘t.’’ Laura Dove, has done for the entire It would bankrupt the country and ev- U.S. Senate, particularly for the ma- Hawks, a club team for the Chicago White Sox. I had an opportunity, as a eryone in it. The only way to even try jority but mostly for the smooth run- to pay for it is with massive, across- young person, to see Luis Aparicio play ning of the Senate. the-board tax hikes, and BERNIE SAND- there in Waterloo before he made it big Before I speak on another issue, I ERS said he is willing to do it. want to associate myself with the in the majors as a shortstop for the Do not be deceived when they first great comments that Leader MCCON- Chicago White Sox. talk about targeting the rich because You can see that I want Iowans to NELL made this morning about the the tax increases would hit working continue to have that same experience. work of the Secretary for the Majority, families and even people making $29,000 For the record, I am and will always go Laura Dove. Laura’s work in the U.S. a year. That is according to BERNIE to bat for Iowa. As Iowa’s senior Sen- Senate has been tremendous, with over SANDERS’ own math. And taxes are 20 years of service. Few know Senate ator, I will do what I can to ‘‘root, likely to double. Medicare for All procedures as well as Laura Dove. She root, root for the home team.’’ would deliver a crushing blow not only I yield the floor. keeps the Senate firing on all cyl- to family budgets but I believe to the I suggest the absence of a quorum. inders, working for the American peo- The PRESIDING OFFICER. The entire economy. It would end Amer- ple. clerk will call the roll. ica’s success story. I am a Senator who hasn’t missed a The senior assistant legislative clerk Thanks to Republican tax and regu- vote in almost 27 years. Laura Dove proceeded to call the roll. latory relief, we have a record-setting and the Republican cloakroom, Mr. BARRASSO. Mr. President, I ask economy, record low unemployment, partnering with her and with me in my unanimous consent that the order for record job growth—7 million new jobs. commitment to not miss a vote—they the quorum call be rescinded. Wages are rising. Middle-class wages ensure that I am here when I am need- The PRESIDING OFFICER. (Mr. and blue-collar wages are going up. It ed for those votes. I thank Laura for SCOTT of Florida.) Without objection, is a worker windfall, a blue-collar helping me serve the people of Iowa ef- it is so ordered. boom. A record 61 percent of Americans fectively. say they are better off financially than I wish Laura all the best in her next f when President Trump took office. chapter. There is no doubt that we will CONCLUSION OF MORNING People are confident about the future, miss her sharp intellect and warm BUSINESS and the President’s job approval is at smile here in the Senate Chamber. The PRESIDING OFFICER. Morning an alltime high. f business is closed. Still, the 2020 Democrats don’t seem to get it. You don’t hear a positive f MINOR LEAGUE BASEBALL word about the economy. Instead, Mr. GRASSLEY. Madam President, EXECUTIVE SESSION Democrats seem to attack one another as Iowa farmers count down the days to and try to move further and further to get into the fields, baseball fans are the Left. During the debate last week, counting down the days for that first EXECUTIVE CALENDAR the crowd actually booed a defense of pitch to cross the plate. As a farmer The PRESIDING OFFICER. Under free markets. and also as a baseball fan, hope springs the previous order, the Senate will pro- Some Democratic candidates are pro- eternal. ceed to executive session to resume posing a scaled-back version of Medi- However, we have gotten wind that consideration of the following nomina- care for All that they call a ‘‘public op- Major League Baseball is throwing tion, which the clerk will report. tion,’’ but this proposal would create a

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.004 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1165 government health plan to compete common ground. I will tell you, taking a miracle. They were saved because of with work-sponsored health insurance. away health insurance from 180 million the bravery and the heroism of our Don’t be fooled—that public option Americans who get it through work is Coast Guard rescuers, who flew would hurt patients across the country, not common ground. There is no com- through gale force winds and 30-foot- especially people living in rural areas. mon ground. That is the direction of high swells to rescue these survivors. It would disrupt insurance coverage, the Democratic Party. We need to find Credit goes to all of the Coast Guard slash funding for doctors and hospitals, common ground. Taking insurance members throughout the country but and would force local hospitals and away from 180 million Americans who particularly to those in Kodiak and clinics to close. Simply put, a public get it from work and then giving free specifically to those who were on the option is a pit stop on the road to 100 health insurance to illegal immigrants flight—the pilot, LT Christopher Clark, percent government-run healthcare in and raising taxes from Americans to the copilot, LT Jonathan Ardan, and America. pay for it is not common ground. the mechanic, Jacob Dillon. Clearly, Democrats are ignoring their Let’s work together to give patients As I said, they are all heroes in this own voters. Union workers across the the high-quality care they need from a story, but I want to specifically high- country are telling Democrats: Don’t doctor they choose at lower costs. light the role of the rescue swimmer touch our hard-earned healthcare bene- I yield the floor. that evening of New Year’s Eve—25- fits. People don’t want radical I suggest the absence of a quorum. year-old PO Evan Grills. Now, Evan is healthcare schemes, which is what the The PRESIDING OFFICER. The a relative newcomer to the great State Democrats are proposing. People care clerk will call the roll. of Alaska, but his heroism in saving more about their pocketbooks. They The senior assistant legislative clerk two lives more than qualifies him to be want their own healthcare, but they proceeded to call roll. our Alaskan of the Week. want it at a lower cost. That is what I Mr. SULLIVAN. Mr. President, I ask Before I get into the story of this hear every weekend at home in Wyo- unanimous consent that the order for perilous mission, let me tell you a lit- ming. the quorum call be rescinded. tle bit about the fishing community in Americans are struggling to pay for The PRESIDING OFFICER. Without Alaska and why our Coast Guard is so insurance premiums for doctors, for objection, it is so ordered. very valuable. hospitals, and for prescription drugs. TRIBUTE TO PETTY OFFICER EVAN GRILLS Alaska’s seas are the most produc- According to a new POLITICO-Harvard Mr. SULLIVAN. Mr. President, as ex- tive in the world and, by the way, the poll, 8 in 10 Americans—89 percent of pected, it is time for our ‘‘Alaskan of most sustainably managed in the Democrats and 76 percent of Repub- the Week’’ speech. One of the most ful- world. More than 60 percent of all sea- licans—want us to lower their filling things I get to do as Alaska’s food harvested in the United States of healthcare costs. Seventy-five percent U.S. Senator is to come down to the America comes from Alaska’s waters— say we must lower the costs of pre- floor of the Senate and talk about the 6–0. I like to refer to our State as the scription drugs. I agree. The Kaiser people in my State who are making a superpower of seafood, which we clear- Family Foundation reports that nearly difference in their communities, in the ly are, and our fishermen are probably one in four people is having trouble State, and in the country. It is a great the hardest working small business paying for their prescriptions. But So- opportunity in which to do that. men and women around the world. cialist policies are the wrong medicine. I always encourage people who are They work hard. They take huge risks. They will only worsen the problems. watching and listening to come to the And they produce a product that is sec- Republicans are listening to people’s great State of Alaska for a visit. You ond to none anywhere on the planet. concerns. We have commonsense solu- will love it. It will be the best trip you They face brutal conditions at sea and tions to lower out-of-pocket costs with- ever take. I guarantee it. sometimes very tough conditions in out lowering standards. I am a doctor, I know the pages enjoy this speech the market, but they love their work. the husband of a breast cancer sur- each week because it is a story of what They love the vital role they play in vivor, and the son of a 97-year-old real people are doing and, in many supplying the best tasting, most sus- mother. Let me assure you, Repub- cases, of humble heroes. Usually, these tainable wild fish products to America licans will always protect vulnerable are happy stories that I get to talk and the globe—literally, the best. Americans, especially people with pre- about, but sometimes they aren’t The industry used to be incredibly existing conditions. The Republican happy. The story I am going to tell dangerous, and it is still the Nation’s healthcare agenda is about giving pa- today is, in fact, a very, very tragic second-most dangerous profession. I am tients more choices and better one, but it contains the kind of her- sure a lot of the viewers have seen the healthcare. It is about improving oism and selflessness that can spring show the ‘‘Deadliest Catch,’’ but unlike healthcare access and affordability. from a tragedy and literally inspire a in previous decades, the culture has Working with President Trump, we State or a nation. trended more toward safety. Most Alas- are already providing much needed re- If you are listening, I think you are kan fishermen you will meet, though, lief from costly ObamaCare taxes. going to be inspired. will have a harrowing story of a time These unfair taxes hurt working fami- I have said on the floor before that at sea, and, of course, they will have lies, they hurt small businesses, they we are a State—an enormous State, a harrowing stories of rescues. hurt seniors, and we have ended them. big State in the country, by far—but Kodiak, AK, where the Scandies Rose Now we are working to drive down that we are also a family and that, is home-ported, is at the center of our drug costs. As part of this effort, in De- when something happens to members fishing community. Kodiak is one of cember, I joined six Republican Sen- of our families, we all grieve. This is the largest fishing ports in the entire ators to introduce the Lower Costs, particularly true of the town of Ko- United States, both in terms of value More Cures Act. This legislation would diak, AK, and of the fishing commu- and in terms of quantity. For those limit out-of-pocket drug costs for peo- nity, both of which suffered a tremen- who have never been there, they have ple with Medicare Part D plans. We dous loss on New Year’s Eve in the Gulf to go to Kodiak, AK. It is a magical, also ended the drug price gag rule to of Alaska when a crabbing boat, the beautiful place. It is an island—one of help patients find more affordable Scandies Rose, sank into the freezing the biggest islands in America. It is drugs. We are working to end surprise waters, taking with it five fishermen. about the size of New Jersey—with medical billings. These unexpected, un- Of the five fishermen—including Seth beautiful, wonderful people, with tough reasonable, and unaffordable bills un- Rousseau-Gano, Brock Rainey, and Ar- people. By the way, the biggest brown dermine families’ finances. It is an in- thur Ganacias—Captain Gary Cobban, bears on the planet all reside in Ko- tolerable practice, and it must stop. Jr., and David, his son, were both from diak. The heart of Kodiak beats fish, Republicans are delivering better Kodiak and perished with the crew. and when one of its own perishes at healthcare. Still, to make more Blessedly and remarkably, there were sea, the whole community mourns, as progress, we need Democrats to work two survivors—John Lawler, of An- it is still doing for Gary, Jr., and David with us. It is time to come together. It chorage, and Dean Gribble, of Wash- Cobban—two hard-working, fine fisher- is time to cooperate. It is time to find ington State. I mention that almost as men from a great family.

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.007 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1166 CONGRESSIONAL RECORD — SENATE February 27, 2020 Kodiak is also home to the largest waited to be rescued in these heavy, Kodiak, the community, the family, Coast Guard base in the United rough seas. It was a 4-hour wait. It was and the loved ones of the Cobbans are States—the 17th District. By the way, very, very cold. They were covered in beginning the long, slow process of we are making that base bigger, with ice. The seas were pitching their raft. healing. more assets and more aircraft coming They were hypothermic, it was pitch As for Evan, our Alaskan of the to Alaska, because we need it. As the black, and they had no idea if anyone week, he thinks a lot about those who chairman of the subcommittee in was coming. were lost, wishing he could have done charge of the Coast Guard, I am going Gribble told a reporter that during more, but he is grateful he was able to to continue to make that happen, for the wait, he talked to John. save two lives. He is also grateful for sure. In an average month in Alaska— We’re not going to die today, John. This his training and what the Coast Guard get this—the Coast Guard saves 22 isn’t our time. We’re not dying today. does and how what he had trained for lives, performs 53 assists, and conducts Even though, in his head, he knew as a rescue swimmer worked. So he 13 security boardings and 22 security they would die if a rescue didn’t come knows and now has the confidence that patrols. This is in 1 month. Think soon. Then they saw the lights from he can save others when they are in about that. That is daily heroism for the helicopter, with Evan Grills trouble. Alaska and for America. They do this aboard, hovering above like an angel ‘‘That’s the core of it,’’ Evan said. all in the largest geographic area of coming to save them. But it wasn’t a ‘‘Obviously, we don’t ever want any- any Coast Guard district in the coun- given that in those conditions, they body to get in trouble on the seas’’— try—nearly 4 million square miles—in could even conduct a rescue; that it particularly the rough seas of Alaska— some of the most challenging weather would be safe for the rescuer to jump in ‘‘but they do. And I’m happy I have the environments on the planet. That is 30-foot swells to save them. To even try skills and training to save them.’’ Spo- what the men and women of the Coast in these huge waves, in 40-knot winds, ken like a true, humble hero, which Guard do in my great State every sin- in icy conditions, was a danger to the this young man is. gle day. crew and the pilots. The flight from We are also glad you have the skills Now, being a rescue swimmer in the Kodiak in those conditions had taken 2 and training to save others, Evan, and Coast Guard is an elite assignment. hours, and the helicopter was short on we want to thank you. Being a rescuer in the Coast Guard sta- fuel. They only had minutes left to Petty Officer Grills. Semper Paratus. tion in Alaska is, according to our make the decision whether to try to Thanks for all you are doing. Thanks Alaskan of the Week, PO Evan Grills, rescue them or turn around and go for your courage, your example, your the ‘‘tip of the spear’’ of this elite as- back to Kodiak. That, combined with inspiration, and thank you for being signment. So let me tell you a little bit the extreme winds and seas and freez- our Alaskan of the week. about Evan. ing temperatures, made any attempt at I yield the floor. Raised in Stuart, FL—the home of deploying a rescue swimmer very, very The PRESIDING OFFICER. The Sen- our Presiding Officer, Florida—the risky. ator from Ohio. military had always appealed to Evan. The pilots conferred with our Alas- TRIBUTE TO LAURA DOVE His grandparents and uncles were ma- kan of the week, Evan. They were nerv- Mr. PORTMAN. Mr. President, I rines. As a Marine colonel myself, I say ous for his safety. They were hovering. would like to start this morning by ‘‘Semper Fi’’ to them. Some of his They had to hover high because they talking about a friend of ours who has older friends and mentors went on to didn’t want to be hit by waves. chosen to move on and leave the Sen- the academies, but going overseas ‘‘Are you good with the plan?’’ they ate and spend more time with her won- didn’t really appeal to Evan. Serving in asked. derful family. I certainly understand the United States and saving American ‘‘I guess so,’’ Evan said. that because the job she has, which is citizens at home did, as did the tough This was the first rescue of his ca- Secretary for the Majority, is more training required to be a Coast Guard reer. I don’t think there was much of than a full-time job; it is living, rescue swimmer. ‘‘It’s the most elite an option not to do it. A thousand dif- breathing, sleeping this place, and she [assignment],’’ he said, ‘‘and that’s ferent thoughts went through Evan’s does a great job at it. what appealed to me, [so I joined].’’ head when he leapt into the frigid Her name is Laura Dove. She has Evan had been in Alaska for less than waters in a gale-force storm in pitch been doing this particular job for 7 a year when, on New Year’s Eve—just 2 darkness, risking his life to save oth- years. Prior to that, she actually was months ago—the call came in that a ers. here on three different occasions, as I boat that was about 170 miles south- When he reached the first survivor, understand it, working for the Senate. west of Kodiak was in trouble. he said: She grew up with it. Her dad was the Having trained mostly in swimming I knew exactly what to do and how to do it. Parliamentarian here for 36 years. pools, this rescue—the one he was It was almost second nature. Laura is a consummate professional. being called upon—was going to be his His training kicked in. His great I work with her a lot on legislation. first. Think about that. Your first res- Coast Guard training kicked in. He ex- She helps me to get things through the cue—and I am going to describe condi- plained the hoist he had come down process here, which is not always easy, tions that would terrify anyone. Noth- with—that came down from the heli- but as significant, she works very ing prepared him for what he would copter to the first survivor and how it closely with her counterpart on the soon be undertaking. worked to be hoisted up into the heli- Democratic side of the aisle and figures Mr. President, let me transport you copter. And then to the second sur- out how to get stuff done, how to keep now to this crabbing boat, the Scandies vivor, he said, ‘‘We’re going to go up in this place operating so that the world’s Rose, in the Gulf of Alaska on New this hoist together. Relax. I’ve got you greatest deliberative body, as they call Year’s Eve. The winds are 40 knots. The covered.’’ Calm. Courage. Heroic. And the U.S. Senate, can meet its great po- seas are 30 feet. The boast is listing to he did. He had them covered. tential and expectation. the starboard side. It is 10 degrees out. These are the actions of a hero, a So, to Laura Dove, we are going to Everything is freezing. It is nighttime. true American hero, a true Alaskan miss you. As much as we understand It is very dark. hero. These are actions that need to be why you need some time with your It was clear the boat was going down, celebrated and known in our country. family right now and your great, great but the captain, heroically, with min- How many Americans or Alaskans, kids, we are going to miss you a lot. utes to spare, was able to get off a even, read about what this young man WORKFORCE DEVELOPMENT mayday call and in doing so let the did to save lives on New Year’s Eve Mr. President, I am here on the floor Coast Guard know exactly where to when the rest of America was cele- today to talk about how this strong find them and, as a result of the cap- brating and having fun? Well, now they American economy has led to historic tain’s heroic actions, save two lives. know. workforce needs and how, if we do the The two survivors, Dean Gribble, Jr., But there are five, as I mentioned, right things to respond to that prob- and John Lawler, managed to get into who tragically couldn’t be saved. We lem, it can become an opportunity—an their survival suits and a life raft and know their memories live on. And in opportunity to bring Americans off the

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.009 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1167 sidelines, who for too long have not are workers looking for work—22 Another issue that I think needs to been in the workforce or have been un- months, almost 2 years of that. So be looked at is this skills gap. This is deremployed, to bring them back in to there are a lot of openings out there. a big part of what is going on right work. One thing that is interesting is that now. There are jobs out there, but they It gives us the potential to do two even though the economy is strong and require a certain level of skill. So it is things. One is to strengthen the econ- we have unemployment at about 50- great that we have low unemployment. omy. It is already strong, but it would year lows, there still are people on the It is great we have all these openings be even stronger if we could fill this sidelines who aren’t coming in to work, right now, but we just don’t have gap. By the way, if we don’t fill this as they would normally. Economists enough skilled workers to fill those gap, if we don’t provide the workforce, call this a low labor force participation jobs that keep growing. the economy will weaken. Second, it is rate. What that means is, even though I visited dozens of factories and busi- to help millions of Americans who are we have a strong economy and lots of nesses over the past year, and I keep not working, on the sidelines, or who jobs out there, there are still millions hearing: We have this job for a welder, are underemployed to find meaningful of Americans who are on the sidelines. and we can’t find any welders. There employment with good pay and good It is estimated that there are about 8 are plenty of people looking for work benefits. million working-age men—this would out there, on the sidelines looking for Pro-growth Federal tax policies, reg- be between the ages of 25 and 55—who work, but there are no welders. There ulatory policies, and other policies are not looking for work today. is one company in Ohio that told me over the past few years have worked. This means the unemployment num- they can hire up to 100 welders. It is a Some of us have talked about the need ber which I mentioned earlier, at 3.6 big manufacturing company. In Ohio to reform the Tax Code and make it percent, which is a very low number— and across the country, there are lots almost a 50-year low—is not the real work better. A trillion dollars has been of these job openings for machinists, number. The real number is actually invested in the U.S. economy since tax medical technicians in hospitals, and higher than that if you assume a nor- reform. As an example, we have seen there are a lot of techs who are wanted mal labor force participation rate. In unemployment at low levels—3.6 per- right now—computer programmers, other words, if you had some of these cent unemployment today, which is people who know how to code. Coding people who are out of work—I men- just about a 50-year low in terms of un- is really important right now, particu- tioned the 8 million men—coming into employment. larly as you go into medical electronic the workforce, the unemployment rate The Congressional Budget Office has records, as an example. would be higher. In fact, if you go back told us through recent data that we If you look on ohiomeansjobs.com to what the normal labor force partici- have grown at a steady 2.3 percent rate this morning—and that is a website pation rate would be just before the in the past year. That is good. This un- that is up there showing what jobs are last great recession, the unemployment employment number is important, but available in Ohio—there are 187,000 jobs rate today would be about 7.6 percent, also important is that we are seeing this morning being offered in Ohio. so about double what it actually is. wage growth. In fact, we have now had When you look at what those jobs are, That is an opportunity. That is an op- you will see a lot of them require these 18 straight months of wage growth of portunity. skills we are talking about. They don’t over 3 percent. It is the first time we Now, why aren’t these folks working? require necessarily a college degree, by have had this in at least a decade. That Well, there are a number of reasons for the way. I am talking about technical is very important because you think that. Let’s be honest. We don’t really skills. I mentioned techs and welders. I about really, for the past decade, what know. We have done a lot of analysis of didn’t mention truckdrivers, but that we have had is flat wages or even de- it in our own office trying to figure it is one area where we need workers in clining wages relative to inflation. out, and part of it is the opioid crisis, Ohio. We are desperate for people who That is certainly true in my home I am convinced. have the skills to be able to drive a State of Ohio. It has been about a dec- I have come to the floor 60 times in truck. That requires getting a commer- ade and a half since we have seen any the last few years to talk about the cial truck driver’s license, a CDL. real wage growth. Now we have this opioid crisis. We are making progress These jobs are there, but they do re- steady wage growth. on that now. That is good. But when quire some level of skills training after In fact, among blue-collar workers— surveys are done by the Department of high school. what the Labor Department says—non- Labor or by the Brookings Institute, I think that skills gap, if it can be supervisory employees have seen the they show that a substantial number, closed, would make a huge difference highest percentage increase in wage as many as 45 to 50 percent of people right now for our economy. Obviously, growth. For blue-collar workers, there they survey, say they are taking pain we need these jobs, and if the work- has been a 6.6-percent wage growth medication on a daily basis who are force isn’t there, these businesses are over the past 2 years. By the way, that out of work altogether. So those, going to move. They are going to move is about $1.50 an hour on average. roughly, 8 million men, for example, in from Ohio, not just to Indiana but to It is a big deal, and it is very impor- one study, 47 percent say they are tak- India because that is where the jobs are tant because that was one of the great ing pain medication on a daily basis. going to be if we don’t provide this objectives we had in tax reform and tax Two-thirds have acknowledged it is level of skills training. cuts, was to ensure that we get the prescription pain medication. This goes Secondly, it is just a great oppor- economy moving and give people the to the issue of opioids—opioid prescrip- tunity for these individuals. Some are chance to earn more, to be able to have tion drugs, heroin, fentanyl, and so on. young people coming up, some are peo- a feeling that if they worked hard and When people are addicted, often it is ple midcareer. Getting skills training played by the rules, they could get impossible for them to get their act to- is so critical. Post-high school certifi- ahead. We are seeing that. That is gether to be engaged in work on a reg- cates are what we really need. great news for the American people and ular basis. So the opioid crisis defi- Deloitte and the Manufacturing In- great news for the folks I represent in nitely affects this. stitute have highlighted this with a Ohio who are finally benefiting from Another one, of course, is a lot of survey they do regularly. They say higher wages. people are in our jails and prisons. We there are roughly 360,000 unfilled man- At the same time, I am hearing from have a record number of people in pris- ufacturing jobs across the United small business owners all over the on. A lot of people are now getting out. States right now. They say it is going State of Ohio—in fact, businesses at The idea of the First Step Act and the to get worse. They say the skills gap every level—that although they are Second Chance Act, which is legisla- may lead to an additional 2.4 million able to move forward and add jobs, tion that is actually helping to get peo- manufacturing jobs unfilled over the they are looking for workers, and that ple back to work, is important, but, next 10 years with a negative economic workforce is their biggest single chal- frankly, if you have a felony record, it impact of $2.5 trillion. This is a big lenge. is tough to get a job. That is why we deal for our economy. We have now had 22 straight months often see these people are on the side- The basic training for the kind of of more jobs being offered than there lines. jobs I am talking about is called career

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.011 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1168 CONGRESSIONAL RECORD — SENATE February 27, 2020 and technical education, CTE. For give people a certificate they can then The JOBS Act has now been endorsed those who are a little older, you might take to get a job that is industry rec- by the National Skills Coalition, the think of a vocational school. CTE is so ognized. For these kinds of post-high Association for Career and Technical impressive today. It is not your old vo- school training programs, I think the Education, the Business Roundtable, cational school, it is high-tech, using big opportunity comes in improving ac- and other groups. It is the No. 1 pri- much better equipment. The schools cess because programs are expensive ority, we are told, of the Association of that are taking it seriously are bring- and a lot of young people can’t afford Community Colleges and the American ing in excellent teachers from the out- them. A lot of midcareer people can’t Association of Community Colleges. side, from industry, to understand afford them. We heard the same thing from the Ohio what is needed in the real world. CTE One thing we can do immediately is Association of Community Colleges is a great opportunity for so many say: Let’s expand Pell grants to include when I met with them earlier this young people. these kinds of programs. You can get a month. A few months ago, I toured the Van- Pell grant if you want to go to a com- I must state that I am also very tage Career Center in Van Wert, OH. I munity college or go to a 4-year college pleased that the JOBS Act is included go to a lot of career centers. I love to or university. For some people, that is in the President’s budget this year, as go. I am very inspired when I go. In the right track, but, frankly, for a lot it was last year. I applaud President Van Wert, they have juniors and sen- of people, they are looking to get these Trump and his administration for pro- iors from more than a dozen school dis- technical skills and get a certificate moting this and on the work they are tricts coming into one CTE center. and get a job. There is no reason they doing in training, internships, appren- They are studying things such as auto- shouldn’t get the same help that the ticeships, and the JOBS Act, to provide motive technology, welding, nursing government is providing someone who this funding to encourage more Ameri- assistant training, carpentry, and wants to go to a 4-year college or uni- cans to get the skills training needed truckdriving. They are finding when versity for these programs to provide for them to have a better future. It is these students get out, they can typi- the skills that are so desperately need- the best proposal out there, I believe, cally get a job. Some are going on to ed. In fact, I would say we ought to to help fill the skills gap right away. further skills training. Some are going focus on that more. We ought to There are some alternative proposals on to community college, some are change our mindset and say: Let’s not out there that limit the kind of pro- going on to 4-year institutions, but for just focus on college, as important as it grams that would be eligible for this by young people in high school, look at is—and it is the right track for some requiring them to be a certain number CTE. It makes so much sense. students—but let’s put an equal em- of hours. Our community colleges in I cofounded and co-chair what is phasis on skills training. Ohio tell me that none of their short- We have legislation that is very sim- called the Senate CTE Caucus. When I term training programs would qualify ple. It says that for low-income fami- first got here in 2011, I started this for some of these alternatives that peo- lies, where the students are eligible for with Senator TIM KAINE of Virginia. We ple are talking about. For programs Pell for college or university, let’s started off having 3 of us in the caucus, like welding, precision machining, and make them eligible for one of these and now there are 29 people in the cau- skills training programs that are less electrical trades, we need to get the cus. Why? My colleagues go home, and than 15 weeks. It has to be a high-qual- funding into the short-term training they are hearing the same thing I am ity program and provide this industry- programs now. hearing, which is that we need to close As I said earlier, this is CTE Month, recognized certificate. the skills gap. Companies are looking Our legislation is called the JOBS Career Technical Education Month, so for people, and it is a great opportunity Act. It makes so much sense. It is bi- it is a good time to talk about all for people who are on the outside to get partisan and bicameral and we should forms of technical education. If we into the inside to get a job with good get it done. By the way, for those stu- make expanding these technical skills pay and benefits. dents who go through a technical programs a priority, if we enact the Our job is to increase awareness of training program and get that certifi- JOBS Act that I have been talking these skills programs as an education cate and end up getting a job, a lot of about today, we are going to address option. Our job is to get students who them do go to college, but guess who the No. 1 issue we hear from our em- are more interested in skills training pays for it? Typically, it is the com- ployers, and we are going to help mil- into these jobs. This month of Feb- pany who pays for it. So they don’t end lions of Americans have a better oppor- ruary is Career and Technical Edu- up having this big debt or burden that tunity. cation Month. We are putting together so many students have. There is momentum in Ohio right a resolution. We have 57 Senators who Student debt in Ohio is about $27,000 now. Businesses are expanding and signed on to the resolution so far, and per student; whereas, if you go to one seeking skilled workers, but, again, the if you haven’t signed on, let us know. of these programs and end up getting skills gap is still an impediment. We It is an opportunity to just raise visi- an associate’s degree or bachelor’s de- need to seize this opportunity, keep bility about what is working well in so gree or master’s degree, typically you our economy moving in a positive di- many of our States and the amazing aren’t paying anything because your rection, and help Ohioans develop the opportunities out there for our young employer is going to pay for you to get skills to grow in the career of their people. that additional training. choice and fulfill their potential in life. We passed some good legislation to My hope is that we can move this I yield the floor. help. In 2018, we passed the Educating legislation forward quickly. It is some- The PRESIDING OFFICER. The Sen- Tomorrow’s Workforce Act, which is thing I hear from everyone back in ator from Oklahoma. working to improve the quality of CTE Ohio. Over the past few weeks, we held Mr. INHOFE. Mr. President, first, let education programs, making sure we roundtables on workforce at manufac- me comment that the Senator from are using equipment and the standards turing businesses such as Stanley Elec- Ohio is right on target. I know that of today’s industry to make these pro- tric in Madison County and Fecon, when we did the authorization bills— grams even more effective. Inc., in Warren County, and we talked we actually have language now that we But skills training goes well beyond about this issue with businessowners, put in to try to encourage people while just these great high school programs. with community colleges, with workers they are still in high school to find out Industry-recognized, certificate-grant- who are actually on the job, and all what they want to do with their lives. ing technical workforce training pro- these groups agree the JOBS Act is One of the problems we have right grams post-high school are another key needed and needed badly. now is, we have a great economy—the to close the skills gap. Think of some What is more, we know that a lot of best economy we have had in my life- of the workforce training programs you businessowners who are getting en- time—but the bad side of that is, there have probably heard about in your gaged in this are willing to help these is a lot of competition out there, and community that are being offered by skills training programs to be more ef- we want to make sure that people are your community college or may be of- fective and to provide the skills train- directed into areas where they really fered by a local technical school. They ing that actually works for them. can enjoy life and where the market

VerDate Sep 11 2014 23:45 Feb 27, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.012 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1169 will work in their favor. We are very are fortunate that Ana was not one of those City policy and stripped abortion pro- much concerned about that with the children. She survived. viders like Planned Parenthood from two bills we have done so far that has That was 1992. And today, we still using title X funding for abortions. new language in there to encourage don’t have explicit Federal protections And not just that, but under this Presi- people to use pilot programs in high for babies who survive the brutal abor- dent, we have also confirmed 193 new school to know what direction they tion process. As I said, this issue is not judges. That is the largest number of want to go with their lives. about abortion but about caring for a judges in this particular timeframe of ABORTION baby outside the womb. This baby is a new President. There are 193 new Mr. President, this week, we voted on alive. It is a baby who is living in the judges, the second highest total in his- two very important bills—the Pain-Ca- real world. tory at this point in a Presidency. pable Unborn Child Protection Act and The need for these protections has These judges actually understand and the Born-Alive Abortion Survivors Pro- become even clearer as we see States uphold the Constitution. I haven’t tection Act. Unfortunately, my col- like New York and Illinois allowing polled them myself, but I suspect the leagues on the Democratic side voted abortion for virtually any reason up to vast majority or maybe all of them are to block these bills, but I would like to the point of birth and supporting infan- very sensitive to the sanctity of human thank my colleagues, Senators GRAHAM ticide by removing protections for an life. and SASSE, for their leadership on infant born alive after a failed abor- The need to stand up for our babies is these bills. I would like to thank Sen- tion. as important today as it was when I ator MCCONNELL for his efforts to bring Just a few years ago, after that made this speech in 1992 and in 1997. I these bills to the floor. speech—and that would have been in am looking forward to building on the Now this short comment period I 1997—I was on the floor with my good successes under this President. have here does have a happy ending, friend Rick Santorum to try to pass a We have something happening that is and I am actually anxious to share partial-birth abortion ban and end the unusual now. We have a President who some things with people. When you practice of late-term abortions. Fortu- is very pro-life, and we also have a lot look at these two bills—first, Senator nately, we won—won the battle against of new judges whom we suspect will be SASSE’s bill, the Born-Alive Abortion partial-birth abortions and finally conservative, constitutional judges. We Survivors Protection Act—a bill I co- ended that practice in 2003. That ban will overcome evil with good by up- sponsored in the past—it would ensure was upheld by the Supreme Court in holding and affirming the dignity and that a baby who survives an abortion 2007. inherent worth of every human life, would receive the same treatment as We have yet to pass legislation ban- and we will seize the opportunity that any other child who was naturally born ning late-term abortion. Only seven we have today. at the same age. Now that is inter- countries allow abortion after 20 With that, I yield the floor. esting. How many people out there re- weeks, including the United States and I suggest the absence of a quorum. alize that if someone goes to an abor- North Korea. Now, that is horrific. The The PRESIDING OFFICER (Mrs. tion and they were not successful in United States is supposed to be an ex- FISCHER). The clerk will call the roll. The bill clerk proceeded to call the killing the unborn baby, when they ample in regard to global human roll. survive and they are out and they are rights, yet we are on par with North Mr. BLUNT. Madam President, I ask breathing, they don’t get the same Korea when it comes to protecting the unanimous consent that the order for treatment any other baby would get? unborn. Senator GRAHAM’s Pain-Capable Un- the quorum call be rescinded. People are not aware of that. The PRESIDING OFFICER. Without So that is what this bill is all about. born Child Protection Act would help objection, it is so ordered. That is just morally right, and I don’t roll back the practice by prohibiting see why there would be any disagree- abortion after 20 weeks post-fertiliza- BLACK HISTORY MONTH ment about it. The bill is not even tion. The reason he is using this 20 Mr. BLUNT. Madam President, I about abortion. It is about infanticide. weeks is there is one agreement that want to talk today about Black His- It was 28 years ago that I came down no one takes issue with, and that is, tory Month and, specifically, about here in this very Chamber to tell the babies feel pain after that time. Most Black History Month and baseball. story of Ana Rosa Rodriguez. This is people say that babies feel pain greater This month marks the 100th anniver- what I said. Keep in mind this was 28 than adults do. That is why that 20 sary of the founding of the first suc- years ago. I said: weeks was used in the legislation. cessful, organized league for profes- sional African-American baseball play- Mr. Chairman, there is a big misconception This is another commonsense bill regarding abortion and the issue of women that should not divide us along par- ers. and their right to protect their bodies. It is tisan lines. A baby is a baby whether in On February 13, 1920, a group of eight not that right that I object to but the right or outside the womb, and each baby de- midwestern team owners got together that is given them to kill an unborn fetus— serves a chance to live as an individual at the Paseo YMCA in Kansas City, an unborn child. created in the image of God. MO, to form the Negro National I want to share with you a story that my There is still much more we need to League. Before then, these African- colleague CHRIS SMITH told me some time do to end the abortion-on-demand cul- American teams had a lot of great ago on this very floor. Ana Rosa Rodriguez is an abortion sur- ture, but, thankfully, we have the most players. They barnstormed around the vivor. . . . At birth she was a healthy 3 pro-life President we have had in his- country. They played sort of whomever pound baby girl, except for her injury; she tory. This January, President Trump they could and whenever they could. was missing an arm. Ana survived a botched became the first sitting President to But in 1920, these eight owners got to- abortion. attend the annual March for Life. It is gether and decided that everybody Her mother attempted to get an abortion a rally in Washington. Hundreds of pro- would benefit with more structure in in her 32nd week of pregnancy when she was life Oklahomans joined the President the league, and they established a perfectly healthy—8 weeks past what New and tens of thousands of Americans in league to see that we got that struc- York State [at that time would] legally [allow]. In the unsuccessful abortion at- the march. I had a chance to meet ture. tempt, the baby’s right arm was ripped off. many of these Oklahomans, many of In the first 10 years of the league, the However they failed to kill Ana Rosa. She them extremely young—as young as in Kansas City Monarchs won the pennant lived. Pro-life supporters agree that night- high school. They were here marching. four times. As the league thrived, other mare situations like the Rodriguez case are They asked me how to respond when leagues were formed for African-Amer- probably not common, but abortion-related the radical left attacks their views, ican players in the South and in the deaths and serious injuries occur more fre- and I told them to be kind but not to East. Over the years, some of the quently than most people are aware. greatest players in baseball played in It is amazing that we [and I am still be afraid to voice their opinions. After quoting from 28 years ago] can pay so much all, they are right. the Negro leagues. Jackie Robinson, attention to issues such as human rights Under President Trump’s leadership, Satchel Paige, and Kansas City’s own abroad and can allow the violent destruction we protected the Hyde amendment. We Buck O’Neil played there. There were of over 26 million children here at home. We reinstated and expanded the Mexico many others we would recognize who

VerDate Sep 11 2014 01:15 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.014 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1170 CONGRESSIONAL RECORD — SENATE February 27, 2020 then became part of the major leagues I have been certainly glad to take my to the commissioner of baseball. In following Jackie Robinson. son Charlie to the museum. I go there that letter he said: ‘‘After 12 years in There are lots of players you will with some frequency. A few years ago, the Major Leagues, I do not feel that I learn a lot about at the Negro Leagues I encouraged Major League Baseball to am a piece of property to be bought Baseball Museum in Kansas City. The have an event there when they were and sold irrespective of my wishes.’’ Negro Leagues Baseball Museum in having the All-Star Game in Kansas That began the challenge of the reserve Kansas City tells this story and tells it City. I don’t think there was a player clause in baseball. Maybe it is particu- well. They don’t just tell the story of who went to that event at the Negro larly significant here in Black History African-American organized baseball, Leagues Baseball Museum who wasn’t Month that an African-American play- but they really tell the story of a both impressed and touched by what er was the one who challenged the re- thriving community beyond that, they saw there. It is an important part serve clause. which is an important part of our leg- of our history. With the reserve clause in baseball, acy. Another part of our history that very you would play for your team’s owner Obviously, a more important part of closely relates to this is something I as long as you wanted to play unless our legacy is to bring everybody to- will be a part of later this afternoon. your team’s owner decided you would gether, but in those years, around the Congressman DAVID TRONE of Mary- play for someone else. Then you would time the Negro leagues were formed, land, over on the House side, and I, play for that person as long as they African-American communities in arts along with Senator DURBIN and Con- wanted you to play, unless you decided and entertainment and in businesses gressman CLAY from St. Louis and Con- you didn’t want to play baseball any- were significant. Part of that story is gresswoman WAGNER from St. Louis, more. told there as well. are sending a letter to the Baseball It was Curt Flood who challenged The 100th anniversary of the found- Hall of Fame telling them that they that. He lost his Supreme Court case. ing of the Negro leagues is an oppor- need to include Curt Flood in the Base- It was a 5-to-4 loss in the Supreme tunity for us to talk about that. These ball Hall of Fame. Court. But it didn’t take too many leagues had great talent. In fact, the Curt Flood was a great player and years before not only was the reserve Pittsburgh Grays would play here in should be part of the Baseball Hall of clause reversed but Curt Flood was rec- Washington half of the time. Half of Fame just on his playing skills alone. ognized in Federal legislation. their games—their so-called home He played with the Cardinals most of There is a copy of that single-page games—they played in Washington at his entire career—7 consecutive years. letter filed as part of the 1970 case at Griffith Stadium, where the Wash- That included two World Series pen- the Hall of Fame at Cooperstown. If ington Senators played. I don’t think nants in 1964 and 1967. He won seven there is a copy of Curt Flood’s letter in there is any argument that when the Gold Gloves in those 7 years and was the Hall of Fame, then, Curt Flood Grays played here—the African-Amer- designated the best center fielder in should be in the Hall of Fame. ican team, the Negro leagues team the National League. I hope those looking back at what is played here—there was a greater crowd I remember that team well. We were called the golden years of baseball look than there was when the Senators Cardinals fans in my house. In the late at players who didn’t get into the Hall played, and there was better baseball. 1950s and early 1960s, you didn’t have of Fame, take our advice, look at Curt These were great and exciting times in many sports on TV. We listened to vir- Flood, look at the difference he has baseball. I think that is well told at tually every Cardinals game we could made for players playing the game the museum. hear on the radio. My mom and dad today, and put him in the Hall of TIM KAINE, a Kansas Citian who now were dairy farmers. I remember being Fame. represents Virginia in Congress, and I out hauling hay at night, and whoever I yield back. are working together to commemorate was driving the truck should have been The PRESIDING OFFICER. The Sen- the centennial of the Negro Leagues almost deaf because if there was a Car- ator from Tennessee. with the minting of a new coin by the dinals game going on, the radio would IMMIGRATION Treasury. We are joined over in the be as loud as it possibly could be so Mrs. BLACKBURN. Madam Presi- House by Congressman EMANUEL those of us out tossing the bales on the dent, I come to the floor today to say CLEAVER, from Kansas City in my hay truck could hear the Cardinals that we have gotten some good news State of Missouri, and Congressman game. this week from our Southern border. STEVE STIVERS from Ohio. I also remember—and I checked my- We are making progress on the wall The way the minting of this coin self yesterday to be sure I was accu- that President Trump has fought so works, of course, is that there is no rate—but on that Curt Flood team, hard for, and that progress will be fur- cost to the taxpayers. You print a coin. that 1964 team, it was Bill White at ther supported by billions of dollars in Congress decides that this is an issue first base; Julian Javier at second base, new appropriations funding to reach worthy of recognizing, and you mint Dick Groat, short stop; Ken Boyer, the President’s goal of 450 miles by the coin. I think I said print. Mint is third base, and Tim McCarver catch- 2021. Think about it—450 miles that more accurate. Once all of the costs of ing. Most of the time, and always if have been secured. minting those coins have been met— available, Bob Gibson was pitching. In What we do know is that as a result and there is no taxpayer cost—then the the outfield was Lou Brock—the great of all of these ramped-up security ef- money goes to the recipient organiza- Lou Brock. Curt Flood was in center forts, border apprehensions are down 78 tion from that point on. There would field, and Mike Shannon in right field. percent from last May’s high of over be a gold coin and a silver coin and a By the way, Mike Shannon still an- 130,000. We have had falling—falling— bronze coin at different levels available nounces the Cardinals games on the numbers every single month for the for people to buy. radio and occasionally on television. last 8 months. This is a very good Now, 75 of our Senate colleagues, in- It was a great team, and Curt Flood thing. It shows the word is getting out cluding the Presiding Officer and me, was an important part of that team. that we are serious about our sov- have cosponsored this legislation. I Frankly, he should be in the Hall of ereignty, about securing our border, think we will get it passed very soon. Fame just because of that—the two about ending the access that traf- With any luck, we might even pass it World Series, Most Valuable Player, fickers—human traffickers, drug traf- right here in the next day or so during the best center fielder in baseball, at fickers—have had on that border. That Black History Month. least in the National League, for 7 is a good thing. I want to recognize Bob Kendrick, years straight. This good news is clouded a little bit the president of the Negro Leagues In late 1969, the Cardinals decided by the reality that all is still not well. Baseball Museum, for his support in en- they were going to trade Curt Flood to Border Patrol officials estimate that couraging us to see if we could make the Phillies. I don’t think Curt Flood nearly 1 million migrants—I want you this coin a reality and all that he and necessarily had anything against the to think about that number: nearly 1 his board have done to preserve the his- Phillies, but he didn’t want to be trad- million migrants—crossed our border tory of Negro leagues baseball. ed against his will. So he wrote a letter illegally and evaded apprehension in

VerDate Sep 11 2014 01:15 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.016 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1171 fiscal 2019. That is the severity of this rection and allowing dangerous, open- port or a consular card as proof of iden- problem. Think about it—1 million border-style policies. tity. people, additional people. Think about This month, I introduced the Stop Here is the kicker: If you do not have the size of a population of 1 million Greenlighting Driver Licenses for Ille- the right documents—meaning you people. That is the number that moved gal Immigrants Act, and its purpose is don’t have a passport, you don’t have a into our country. We do not know who precisely what the title of this bill says birth certificate, you don’t have a So- they are. We do not know where they it will do. You can see from the poster, cial Security number, you don’t have have come from. We do not know if there are some States in red. If you proof of residency, you don’t have proof they are traffickers. We do not know if live in one of those States, your of employment—these States are say- they wish us well or their intent for State—your State—has agreed to give ing: Never mind; doesn’t matter. We coming into our country. driver’s licenses to illegal aliens. are going to let you sign an affidavit— While things are trending in the Let me tell you a little bit more an affidavit—to say you are not able to right direction, I think it is fair to say about this. Once it is signed into law, secure a Social Security number. we are not out of the woods yet on this the bill will halt certain Department of What are these States doing? They issue of illegal immigration. Until we Justice grant funding to States that are creating, again, a vulnerability in get this influx of illegal aliens under defy Federal immigration law, non- the system. There are people who will control and manage the fallout of al- complying States—that means those go sign an affidavit. Guess what. All of a sudden, they have a REAL ID. These lowing so many people to come into States that say: We are not going to States say: Oh, we are going to stamp this country and live illegally, this is comply with Federal law. Oh, no, not it for State-use only. I think they say what we have. us. We are going to be a sanctuary for that with a wink-wink, nod-nod be- Every town is a border town and those who are illegally in the country cause they know they are putting a every State will remain a border State and are choosing to break the law. vulnerability in that system. They are because of the problems they have to They decided they are going to be a letting people that—we do not know sanctuary for illegal aliens. That is face every single day. who they are, we do not know their in- Let me give an example. On Decem- what you call a noncomplying State. tent for being in this country, but they Those States will no longer enjoy ac- ber 29, 2018, Knoxville, TN, fire chief D. are going to allow this reckless policy J. Corcoran and his wife Wendy’s lives cess to the Edward Byrne Memorial to go into effect. And it is reckless. It were changed forever, and their happy, Justice Assistance Grant Program. goes hand in hand with other broad healthy family was brutally trans- This is a program that was created to sanctuary rules that increase crime formed into a grieving Angel Family. fund local law enforcement and crimi- and that frustrate the efforts of our On that day, an illegal alien in Ten- nal justice initiatives. local law enforcement officials. nessee struck and killed their 22-year- In 2019, States that issued driver’s li- Here is another bit of good news: The old son, Pierce Corcoran. It was a head- censes to illegal immigrants received courts are coming down on the side of on car crash. Pierce died that day. A over $50 million from this program, so security. Yesterday, a Federal appeals few months later, that illegal alien was their choice to defy the law will result court—the Second Circuit Court in deported to Mexico. in no small sacrifice. It is their choice. New York—upheld President Trump’s I have to tell you, for me, as I have They can choose, if they want to, to authority to enact anti-illegal immi- worked with the Corcorans since this say: We refuse to comply with Federal gration, anti-sanctuary policies similar time and shared their grief, this is an law. They can make that choice, but to what would be codified in my legis- unsatisfying end to a tragic series of they are not going to get taxpayer lation. It would allow for those funds events that never should have hap- money through law enforcement to be restricted for those entities that pened because the man responsible for grants. This is common sense. are making a choice, taking a vote, and Pierce’s death never should have been I want to encourage my colleagues to deciding they don’t want to comply in Tennessee in the first place. think back to the fear and confusion with Federal law. That story is heartbreaking. Unfor- that we all experienced in the weeks I will tell you, I should not have to tunately, it is not unique. In 2019, an- after 9/11. I am sure you remember that stand on the floor of the Senate and other Tennessean, named Debbie Bur- time. I remember that time. I remem- beg our colleagues to support policies gess, was killed in a hit-and-run acci- ber that feeling of, what can we do? that stand with the rule of law and pre- dent caused by an illegal alien with a Not only had we known tremendous vent tragedies like the deaths of Pierce lengthy criminal record. loss, we had discovered that we were Corcoran and Debbie Burgess. Just last week in Sevier County, not nearly as secure as we thought we I ask my colleagues to join me in this TN—and this is something that has were in this country. effort, join me in standing with the shaken the entire community—two ele- One of the loopholes we discovered rule of law. Join me in standing with mentary school children walking to came about because people said: How in these Angel Families who know grief school were hit by an illegal alien who the world could these terrorists, hi- that I wish no one had to know and ex- fled the scene. Tragic. jackers, have so easily obtained a perience. Join me in supporting the Every Member of this body is well State-issued driver’s license that al- Stop Greenlighting Driver Licenses for aware that our country’s permissive lowed them to board those planes and Illegal Immigrants Act. attitude toward illegal immigration carry out those deadly attacks? People I yield the floor. I suggest the absence of a quorum. said: How could this have happened? has real-life consequences. Our con- The PRESIDING OFFICER. The stant debate over policy and funding How could they have done this? clerk will call the roll. does not exist solely in the abstraction We found a loophole. What did we do? The senior assistant legislative clerk of politics. Starting right now, we We closed that loophole. We passed the proceeded to call the roll. must look internally and ask ourselves REAL ID Act. This isn’t done as a form Mr. GARDNER. Mr. President, I ask what changes we can make to of repression; it is a practical way of unanimous consent that the order for disincentivize illegal entry into the managing a vulnerability that was the quorum call be rescinded. United States. What can we do? found in State agency paperwork. The The PRESIDING OFFICER (Mr. It seems so easy to people: Come REAL ID Act is something we are all YOUNG). Without objection, it is so or- across the border illegally. You might complying with now. You have to take dered. be able to get benefits. You can have a Social Security number. You have to (The remarks of Mr. GARDNER per- access to education. You can work. take proof of residence. You have to taining to the introduction of S. Res. There is a way to do this and live in take other documentation that shows 514 are printed in today’s RECORD under the shadows. you are who you claim to be. ‘‘Statements on Introduced Bills and How do we disincentivize this? Less than 20 years later, look at Joint Resolutions.’’) While Tennessee, along with a major- where we are. Thirteen States and the Mr. GARDNER. I yield the floor. ity of States, prohibits driver’s licenses District of Columbia have regressed RECOGNITION OF THE MINORITY LEADER for illegal aliens, a growing number of into more lax policies—pre-9/11 poli- The PRESIDING OFFICER. The States are moving in the opposite di- cies. Often, they only require a pass- Democratic leader is recognized.

VerDate Sep 11 2014 01:15 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.025 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1172 CONGRESSIONAL RECORD — SENATE February 27, 2020 CORONAVIRUS So let’s let the science and the facts freedom. Did the President stand up for Mr. SCHUMER. Mr. President, last guide us. The American people do not religious freedom and democratic val- night in California, an American was need or want uninformed opinions or ues? No. He didn’t even bring up the diagnosed with the first reported case spin from its leaders. They want the issue with the Prime Minister. of coronavirus unrelated to any travel truth. There are 4 million Indian Ameri- to an infected area—a sign that Now, the first step the Congress must cans. I am proud to say many are in coronavirus is here on our shores and take is to ensure that the government the New York area. They have done we must act swiftly and strongly to has the resources to combat this dead- and continued to do so much for this contain its spread. ly virus and keep Americans safe. I great country. Their history, music, Despite months of public warnings have made a request for $8.5 billion for culture, literature are woven into the about the danger of this disease, the this purpose—far more than the admin- very fabric of American life. Indian- President was caught completely flat- istration’s request of $2.5 billion, only American families form the backbone footed by the coronavirus. And now, in- half of which is new funding. The rest of so many strong communities in New stead of quickly marshaling the re- of the President’s proposed funding is York City, in Long Island and the sub- sources of the Federal Government to stolen from other accounts. urbs, and all over the country. They respond to this health crisis, President Any emergency funding supplemental deserve more than Presidential photo- Trump is intent on blaming everyone the Congress approves must be entirely ops in their native land. They deserve a and everything instead of solving the new funding, not stolen from other ac- President who takes the friendship be- problem. Instead of stepping up to the counts, and include, at minimum, tween the United States and India seri- plate, he is belittling the urgency of strong provisions that ensure, one, that ously and works to build a strategic al- this problem and telling people: Oh, it’s the President cannot transfer these liance. not very much. The experts say the op- new funds to anything other than But this President cannot seem to posite. coronavirus and American and global manage anything beyond reality-show As for blame, the President is blam- preparedness to combat epidemics and diplomacy, and that is why President ing the press for stoking concern about infectious diseases; two, vaccines that Trump will likely end his first term the virus; the President is blaming so- are affordable and available to all who bereft of any significant foreign policy cial media for magnifying those legiti- need them, not just to those who have achievement. mate concerns; and the President, typi- a good deal of money; three, interest- TRIBUTE TO LAURA DOVE cally, is blaming Democrats too. free loans be made available for small Mr. President, finally, on a different But who fired the global health secu- businesses impacted by the outbreak; note and a very happy note, I want to rity team at the National Security and four, State and local governments conclude my remarks by noting the de- Council and Department of Homeland be reimbursed for costs incurred while parture of a staffer who, although she Security and decided not to replace assisting the Federal response to the works for Leader MCCONNELL, is truly them? It wasn’t the press. It wasn’t the corona outbreak. Democrats. It was President Trump. Democrats in both Chambers will a resource for and a credit to the Sen- Who cut $35 million from the infec- work closely with Republicans to pass ate as a whole—Laura Dove. tious disease rapid response fund? a supplemental appropriations package It is a happy note for her. She is President Trump. with these criteria in mind. But in the moving on to even bigger and better Who cut $85 million from the emerg- meantime, President Trump must get things. But it is a sad note for all of us, ing infectious disease account? Presi- his act together: Stop blaming, stop be- Democrats and Republicans, in the dent Trump. littling, roll up your sleeves, unite Senate because she has done such a Who cut $120 million from public America, and start proposing real solu- good job. Laura is the Secretary for the Major- health preparedness and response pro- tions. grams? President Trump. After months of dithering, after tow- ity. As with many job titles in Wash- And who just proposed cutting 16 per- ering and dangerous incompetence, it ington, Laura’s title does not come cent of CDC’s budget—the agency in is time for President Trump to roll up close to capturing what she actually charge of fighting these kinds of vi- his sleeves and do the right thing. does, nor does it remotely reflect her ruses? Not the Democrats, not the INDIA importance to this Chamber. press—President Trump did that. Mr. President, on another matter, The two caucus Secretaries—Gary Of course Democrats want to work the President yesterday returned to Myrick for the Senate minority and quickly with the President to get a Washington from India. The United Laura Dove for the majority—literally handle on this problem. Lives are at States and India are natural allies. If make the Senate function. Their nego- stake, but the President cannot belit- the United States and India are close tiations determine when we come in tle the danger. It is real; it is looming; friends and partners, the world will be and out of session, which amendments it is serious. a safer, more prosperous place. India will be considered, and their par- To hear the President last night, has an amazing culture and great peo- liamentary expertise guides Senators when most of his speech was not a ple. So unifying America and India is a of both parties. Laura’s attention to sober speech calling America to unite very good thing. detail is such that even the dress code and fight this virus—it was mainly But did the President do anything on of the Senate does not escape her. name-calling, politics, blaming, and, in his trip that substantively advanced Laura has certainly been around this fact, belittling the problem and the that objective? No, he did not. Sadly, Chamber for as long as many of the danger. the President’s trip to India was typ- Senators she advises. The Senate is in The President must stop trying to ical of foreign policy in the Trump her blood. Her father, Bob Dove, was minimize the nature of the coronavirus era—a big spectacle with handshakes the Senate Parliamentarian. Dinner threat. His attempts at spinning the and photo-ops but without meaningful table conversations in the Dove house- facts are just not credible, and they are progress or accomplishment for the hold must have included the arcana of harmful to the Federal response. United States. Senate procedure, particularly because In order to prevent overreaction by There were real things for the Presi- some of those family dinners occurred the public, it is essential that the Fed- dent to accomplish in India. We are here in the Senate itself, as Mr. Dove eral officials—especially the President now India’s largest trading partner— worked the sometimes late hours of the and Vice President—level with the one of the largest markets for our agri- Senate. American people. Telling the American cultural products, medical devices, Both of Mr. Dove’s daughters served people the truth and then coming up even motorbikes. Did the President as pages, and now both of Laura’s chil- with solutions to solve it is the way to make any progress on a trade deal to dren have served as pages as well—a calm people down—not simply saying reduce the significant market access family tradition unique among family ‘‘Oh, don’t worry about it’’ and then barriers that American companies traditions. Few have done as much to spending time blaming others. That is face? No. support the page program as Laura. not going to calm people down; that is India is in the midst of fierce pro- She not only keeps a watchful and sup- going to make them more worried. tests over a law that restricts religious portive eye over their time on the

VerDate Sep 11 2014 01:15 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.029 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1173 floor, but she has invited them into her (Ms. KLOBUCHAR), the Senator from The PRESIDING OFFICER. The clo- home, welcoming any page wishing to Massachusetts (Mr. MARKEY), the Sen- ture motion having been presented celebrate a Jewish holiday with her ator from Vermont (Mr. SANDERS), the under rule XXII, the Chair directs the family. I want to thank her especially Senator from Hawaii (Mr. SCHATZ), and clerk to read the motion. for how much she has done for Senate the Senator from Massachusetts (Ms. The senior assistant legislative clerk pages, and from the vantage point of WARREN) are necessarily absent. read as follows: the lens of the C–SPAN camera, the The PRESIDING OFFICER. Are there CLOTURE MOTION Senate floor looks like a forum for dis- any other Senators in the Chamber de- We, the undersigned Senators, in accord- agreement and sometimes for vocif- siring to vote or to change their vote? ance with the provisions of rule XXII of the erous debate. Few beyond this Chamber The result was announced—yeas 85, Standing Rules of the Senate, do hereby appreciate how important it is for our nays 3, as follows: move to bring to a close debate on the mo- two parties to cooperate every day [Rollcall Vote No. 62 Ex.] tion to proceed to Calendar No. 357, S. 2657, amidst those disagreements to make YEAS—85 an act to support innovation in advanced geothermal research and development, and the work of the Senate come to life. Baldwin Graham Risch for other purposes. Though our parties have vastly dif- Barrasso Grassley Roberts Bennet Hassan Romney Mitch McConnell, Lisa Murkowski, Steve ferent opinions on everything, ranging Blackburn Hawley Rosen Daines, Bill Cassidy, John Barrasso, from policy to procedure, Laura has al- Blumenthal Hirono Rounds Martha McSally, Deb Fischer, Richard ways represented the position of her Blunt Hoeven Rubio C. Shelby, John Hoeven, Thom Tillis, caucus honestly and treated our staff Boozman Hyde-Smith Sasse John Thune, Pat Roberts, Richard Braun Inhofe Schumer Burr, Mike Rounds, Shelley Moore Cap- with civility and respect. Brown Johnson Scott (FL) ito, Roy Blunt, Mike Crapo. Burr Jones She even takes a bit of that work Scott (SC) Cantwell Kaine Mr. MCCONNELL. I ask unanimous home with her. Her husband, Dan Sol- Shaheen Capito Kennedy consent that the mandatory quorum omon, worked for someone—Senator Carper King Shelby Wofford—who was a good, strong, lib- Casey Lankford Sinema call be waived. eral Democrat, if there ever was one. Cassidy Leahy Smith The PRESIDING OFFICER. Is there Stabenow The Republican leader this morning Collins Lee objection? Coons Loeffler Sullivan Without objection, it is so ordered. gave a very personal and emotional Cornyn Manchin Tester tribute to Laura’s service. You could Cortez Masto McConnell Thune The PRESIDING OFFICER. The Sen- see how much she means to him and Cotton McSally Tillis ator from Utah. the entire Republican caucus. I echo Cramer Menendez Toomey UNANIMOUS CONSENT REQUEST—S. 3173 Crapo Merkley Udall Mr. LEE. Mr. President, in a message those sentiments, and I would extend Daines Murkowski Van Hollen them to the Senate as a whole. Few Duckworth Murphy Warner to Congress on July 4, 1861, Abraham care more about this institution, its Enzi Murray Whitehouse Lincoln wrote that the leading object Ernst Paul Wicker of government was to ‘‘elevate the con- traditions, its history, and its future Feinstein Peters Wyden Fischer Portman dition of men, to lift artificial weights than Laura Dove, and few have worked Young harder to support the Senate in their Gardner Reed from all shoulders; to clear the paths of careers. NAYS—3 laudable pursuit for all; to afford all an Robert Duncan, Laura’s assistant, Booker Gillibrand Harris unfettered start and a fair chance in the race of life.’’ will be taking her place today. He has NOT VOTING—12 big shoes to fill but is a really talented It is no coincidence that he gave this Alexander Heinrich Perdue message on the anniversary of our Na- guy who knows how this place works. Cardin Klobuchar Sanders All I can tell you, Robert, is if you lis- Cruz Markey Schatz tion’s birth. Lincoln was echoing the ten to Gary Myrick, you can’t go Durbin Moran Warren profound legacy of our founding—a leg- wrong. The nomination was confirmed. acy that shaped our Nation and there- Laura, we wish you nothing but the The PRESIDING OFFICER. Under after rippled across not only the West- best for the next chapter of your life, the previous order, the motion to re- ern Hemisphere but the entire world. and we thank you profoundly for your consider is considered made and laid When the Founders broke off from service to the Senate. upon the table and the President will the yoke of British tyranny, they de- I yield the floor. be immediately notified of the Senate’s clared all men to be endowed with cer- The PRESIDING OFFICER. Under action. tain inalienable rights—rights that the previous order, the question is, Will The majority leader. come not from the State, a church, any the Senate advise and consent to the f man or woman, or even from a govern- Greaves nomination? ment, but, rather, from God himself. LEGISLATIVE SESSION Mr. PAUL. I ask for the yeas and The first of these inalienable rights nays. Mr. MCCONNELL. Mr. President, I was life. Never was any nation in the The PRESIDING OFFICER. Is there a move to proceed to legislative session. history of human beings born of a high- sufficient second? The PRESIDING OFFICER. The er principle or a deeper connection to There appears to be a sufficient sec- question is on agreeing to the motion. human happiness and flourishing. Here, ond. The motion was agreed to. the people would rule. Here, govern- The clerk will call the roll. f ment would serve the people and not The bill clerk called the roll. ADVANCED GEOTHERMAL INNOVA- the other way around. Here, for the Mr. THUNE. The following Senators TION LEADERSHIP ACT OF 2019— first time ever, each person, no matter are necessarily absent: the Senator Motion to Proceed his or her station in life, was endowed from Tennessee (Mr. ALEXANDER), the with these rights and entitled to their Mr. MCCONNELL. Mr. President, I Senator from Texas (Mr. CRUZ), the equal protection. move to proceed to Calendar No. 357, S. Senator from Kansas (Mr. MORAN), and Today, 159 years since Lincoln’s mes- 2657. the Senator from Georgia (Mr. The PRESIDING OFFICER. The sage to Congress and 244 years since PERDUE). clerk will report the motion. the Founders’ message to the world, Further, if present and voting, the The senior assistant legislative clerk here we stand sworn, still, to fulfill Senator from Tennessee (Mr. ALEX- read as follows: their promise. ANDER) would have voted ‘‘yea’’ and the Motion to proceed to Calendar No. 357, S. As far as we have come during that Senator from Kansas (Mr. MORAN) 2657, a bill to support innovation in advanced time period, we still have so far to go. would have voted ‘‘yea.’’ geothermal research and development, and Today, our government—founded to Mr. SCHUMER. I announce that the for other purposes. protect Americans’ rights to life, lib- Senator from Maryland (Mr. CARDIN), CLOTURE MOTION erty, and the pursuit of happiness— the Senator from Illinois (Mr. DURBIN), Mr. MCCONNELL. I send a cloture threatens unborn Americans on all the Senator from New Mexico (Mr. motion to the desk for the motion to three counts. The Supreme Court im- HEINRICH), the Senator from Minnesota proceed. poses and Congress subsidizes the most

VerDate Sep 11 2014 01:15 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.031 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1174 CONGRESSIONAL RECORD — SENATE February 27, 2020 radical abortion policy in the Western When someone talks about not ac- We also have the chance to perma- world. cepting science, I hope they will re- nently stop the use of our foreign aid Since 1973, more than 60 million little member what happened this week. I money from funding or promoting lives, innocent lives, have been lost. hope they will remember that against abortions overseas. The Protecting Life The children lost to abortion cannot be all medical and scientific evidence, to in Foreign Assistance Act will save seen, they cannot be heard, but the loss say nothing of what people know mor- countless lives across the globe and af- of every single one of them is felt. ally, intuitively, and within their own firms the truth that the lives of all un- Mothers have been robbed of their chil- hearts, this body failed to protect the born children, regardless of where they dren. There are gaping holes left most vulnerable among us. might happen to be from, have dignity throughout our Nation, in our families Unfortunately, this is not the first and worth. Today we can stand to and in our communities—gaping holes time in our Nation’s history that we allow all human beings—no matter that only those unique, unrepeatable have sometimes looked at the people what their age, their appearance, or souls could have and would have other- according to a really evil logic of util- their abilities—a fair chance in the wise filled. ity and power, and it is not the first race of life. For more than four decades, we have time that we have tried to dehumanize We have only to remain loyal to that failed American women and their un- human beings. It is not the first time bedrock principle that we claim to de- born children. Today, we have a chance we have tried to pick and choose who is fend in the Declaration of Independ- to do better, to aspire for more, not to wanted and who is valuable in society, ence: the inalienable, fundamental settle for mediocrity or tyranny but to penuriously doling out rights to exist right to life, the equal dignity, the im- celebrate and embrace life and liberty. and to be free on the basis of that arbi- measurable worth of all human life. We have a chance to stand up for the trary and unjustifiable determination. I ask unanimous consent that the Fi- very weakest and most vulnerable Nonetheless, thankfully, if there is nance Committee be discharged from among us, the ones still being knit to- one thing that we know about our further consideration of S. 3173 and the gether in their mothers’ wombs, the country, it is that the American people Senate proceed to its immediate con- ones we know respond to human touch have a way of bending the arc of his- sideration. by the age of 8 weeks, who feel pain by tory toward life or, as Winston Church- I further ask that the bill be consid- the age of 20 weeks, and who recognize ill is credited for saying, the American ered read a third time and passed and the sound of their mother’s voice be- people will always do the right thing that the motion to reconsider be con- fore they are even born. after they have exhausted every other sidered made and laid upon the table. Science and medicine are only con- alternative. The PRESIDING OFFICER. Is there firming what we know deep down—that We have a long, proud history as objection? Mr. WYDEN. Mr. President, reserving unborn human beings are, in fact, just Americans of standing up for the weak, the right to object. like us. Every day, more scientific evi- for the innocent, and especially for the The PRESIDING OFFICER. The Sen- dence confirms our moral intuition vulnerable. We have made mistakes— ator from Oregon. that a person is a person no matter grave, grave mistakes—but the right Mr. WYDEN. Mr. President, the ma- how small that person happens to be. thing to do is always the right thing to jority party’s anti-women healthcare The so-called Pain-Capable Unborn do, and we come around in the end. It agenda has certainly been on display in Child Protection Act that was before is one of the things that differentiates the last few days here in the U.S. Sen- us earlier this week would have banned us from other societies. We aspire to- ate: two votes on Tuesday, more votes abortions for babies more than 20 ward that which is good. and debate today. Every time it is the weeks of age, upholding in law what Today there is reason to hope. Abor- same basic proposition on offer: legis- science already confirms; that is, that tions in my home State of Utah have lation that squeezes Republican politi- these babies feel every bit of their life been steadily declining over the past cians in between women and their doc- as it is being ended. This should not four decades, with fewer than 3,000 hap- tors. have been a controversial bill. pening in 2017. Six States are now down I have said the old GOP slogan used Still less controversial should have to just one abortion clinic: Kentucky, to be ‘‘a chicken in every pot.’’ These been the Born-Alive Abortion Sur- West Virginia, North Dakota, South days it is ‘‘a Republican in every exam vivors Protection Act. The Born-Alive Dakota, Mississippi, and Missouri. This room.’’ Abortion Survivors Protection Act past year, Alabama passed a law ban- Not only does this legislation dis- takes no position on abortion, and it ning elective abortions in most cir- count the fact that reproductive takes no position even on the rights of cumstances, and just last month hun- healthcare, including abortion, is the unborn. It simply says that in this dreds of thousands of Americans healthcare; it would make women’s country, the United States of America, marched joyfully once again through healthcare services more expensive. when a child is born, even if by acci- Washington, as they have year after This would head this country back to dent, even in the most dangerous place year after year, for those who cannot, the days when the healthcare system in the world for an infant—that is, a for those who are rendered absent by was just for the healthy and the Planned Parenthood clinic—he or she this barbaric practice. wealthy. becomes a citizen of the United States The tide is turning, and today we My view is decisions about the under our Constitution, entitled to the have another chance to right these healthcare of women, especially repro- full and equal protection of our laws. It same wrongs. Through my bill, the ductive healthcare—including abor- says that when a child intended to be Abortion Is Not Healthcare Act, we tion—are enormously personal. They aborted is, in fact, instead born alive, have the chance to stop the tax deduct- ought to be decisions made between he or she cannot simply be ‘‘disposed ibility of abortions which are currently women and their physicians. Politi- of’’ in the back room of a clinic or a categorized as medical care by the IRS. cians ought to stay away. They ought hospital, as if it were nothing more The purpose of healthcare is to heal, to stay out of it all. That is what the than medical waste. This bill merely is to cure. It is not to kill. Let us be se- Roe v. Wade case is all about, and it is outlaws the murder of the innocent in rious. Whatever else abortion may be, the law of the land. the first moments of life; that is, the of course, elective abortion is not So because I believe in keeping poli- first moments of life outside the womb. healthcare. That is why physicians lit- ticians out of the medical exam room, It is a tragedy, a blight, and a poor erally take an oath to do no harm. I object. commentary of frightening reflection The government should not offer tax The PRESIDING OFFICER. The ob- not only upon this country but on this benefits for a procedure that kills hun- jection is heard. very legislative body that these meas- dreds of thousands of unborn children The Senator from Utah. ures failed this week. A minority of each year, nor should taxpayers have Mr. LEE. Mr. President, I appreciate this body chose to reject both the sci- to subsidize it. This bill would end this the opportunity to address these im- entific facts of human biology and the preferential tax treatment and clarify portant issues today. I thank my friend essential moral principle of human dig- that this gruesome practice is not and colleague from Oregon for out- nity. healthcare. lining his reasons for objecting to this

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There was a day and age in this tection under the law as any other Republicans that, according to my col- country where people would say that human being. league, are anti-woman. This is offen- lawmakers ought to stay out of other In other words, the humanness of a sive on a variety levels—first when you issues involving violence, of domestic baby shouldn’t depend on that baby’s consider that the abortion is no re- violence: That is a family matter, after ‘‘wantedness.’’ The fact that anyone specter of persons. It is not just male all. Politicians ought to stay out. The wanted to kill that baby before the babies aborted; it is also female babies. law should have nothing to do with baby was born doesn’t give anyone the There are parts of the world where that. Well, it involves violence to an- right to kill the baby with impunity. abortion of female babies occurs in other human being. That is what they voted down this much higher numbers—in many cases To say simply that politicians and, week. Let’s not pretend that this is because they are female babies. therefore, lawmakers and, therefore, about exam rooms. Let’s not pretend Abortion is itself—elective abortion the law ought to stay out of a topic that this is about actual healthcare. is an act of violence against a human means to suggest that it is somehow Let’s not pretend that this is somehow form, against a human life, albeit a life beyond the reach of the law. If we have an anti-woman strategy. in utero. reached, if we ever do reach the point By the way, many women I know— I remember a few months ago we where we can’t say no human being can most, I would say—actually find quite were holding a hearing, of all things, kill another human being, we have offensive the suggestion that to be in addressing issues relating to wild really, really big problems. favor of protecting babies is somehow horses and burros in the Western We are not talking here about an anti-woman. This is offensive. It is sad United States. Certain wild horse popu- exam room. We are not talking about to me, more than anything. lations have grown out of control. procedures designed to promote, to This was a lost opportunity that we They have devastated rangelands. They heal, and to prolong life. We are talk- had this week to protect the dignity of have depleted resources available to ing about a procedure to end life. This human life, not just unborn human life them, and many of them are starving, is, itself, not a bill that talks about the but human beings who have been born. malnourished, and suffering. appropriateness or lack thereof of elec- One day we will look back and see There have been programs that have tive abortion. This simply says that, this week through sad eyes in much sought not only to help them in one given how many Americans feel about the same way we now look back on way or another but also to sterilize this, as many of us in this very room other episodes in American history them. I never thought I would be part feel about abortion, we shouldn’t be where we have failed to accord the full of a significant hearing addressing the subsidizing it, and we shouldn’t be pre- dignity to a human life that each nonsexy topic of equine contraception, tending it is something it is not. human life truly deserves. but in this instance we had one. One of Finally, let me remind this body and I yield the floor. our witnesses, who was from an organi- anyone who may be watching from out- The PRESIDING OFFICER. The Sen- zation devoted to preventing cruelty to side this body that, of the legislation ator from Mississippi. animals, explained that one of the we voted on this week, one of those f most effective techniques of horse pieces of legislation didn’t even involve birth control involves the sterilization abortion at all. It didn’t regulate any COMMEMORATING THE 150TH ANNI- procedure. I asked why that was not facet of abortion. It dealt only indi- VERSARY OF THE HISTORIC the preferred method. She said because, rectly with the topic of abortion, but it SEATING OF HIRAM RHODES in many instances, it can result in the had nothing to do with the perform- REVELS AS THE FIRST AFRICAN loss of the unborn horse. I asked her ance or availability of an abortion AMERICAN UNITED STATES SEN- why that mattered. She said: Well, be- itself. ATOR cause it is a life, notwithstanding the It simply said that, when a baby is Mr. WICKER. Mr. President, as Black fact that it hasn’t been born. It is cruel born, following or in the middle of a History Month comes to a close in our to the unborn baby horse. It is cruel to failed attempt at an abortion, if that land, I rise this afternoon to draw at- the foal. If it is cruel to the foal, why baby is born alive, notwithstanding the tention to the fact that the first Afri- isn’t it cruel to the baby, whether it is attempt by the abortionist to kill the can-American U.S. Senator in our Re- a male baby or a female baby? This is baby, that baby shouldn’t simply be ne- public’s history was Hiram Rhodes not anti-woman. glected. In any other circumstance, a Revels of my State of Mississippi. There was also the suggestion that human being, particularly a vulner- As a matter of fact, 150 years ago this the campaign somehow involves a Re- able, brandnew newborn baby—an in- week, history was made in this very publican in every exam room, and that, fant—to neglect the baby and allow room when Hiram Rhodes Revels took according to those who advocate pro- that baby to die of exposure, to not ad- the oath of office and broke the color life positions, it would relegate minister lifesaving care or nutrition or barrier in the U.S. Senate. There was healthcare to the healthy and wealthy. sustenance to that baby, to neglect the celebration. There was a congratula- Well, this gets back to the very point I baby and allow that baby to die of ex- tion on both sides of the aisle, but it was making. An exam room—actual posure would be a crime. In some cir- was not unanimous. As a matter of healthcare—involves protecting and cumstances, it may well be murder. In fact, eight Senators objected to the preserving human life. Elective abor- others, it would be a serious criminal seating of Hiram Revels as a U.S. Sen- tion, by contrast, has one object; that form of deliberate child neglect. ator, simply because he was a Black is, the termination of a human life—an So, to suggest that a baby is some- man. Thank goodness it was only eight unborn, in utero human life but a how different as a result of a subjective and that position did not prevail, and human life just the same. intent of the abortionist to kill the Hiram Revels entered the history You can say whatever you want baby and that we shouldn’t make sure books of the United States of America about it but to call it healthcare, to that baby is properly cared for fol- as being our first African-American me, is counterintuitive—not just to me lowing its birth is barbaric. Look, I get Senator. but to many, many Americans who find it. Not everybody shares my viewpoint In a moment, I will ask unanimous the practice abhorrent and are shocked with regard to when human life begins. consent for the consideration of a reso- by the thought that the U.S. Govern- I get it. Not everybody shares my view lution commemorating this momen- ment would be subsidizing it, whether with regard to abortion policy. Now, I tous occasion, some 150 years ago this through its tax policy or through more will defend to my dying day my views week. I will not read the entire resolu- direct forms or, as we see today, both. on these issues, and I will not shrink tion that I have, but I point out that I

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.036 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1176 CONGRESSIONAL RECORD — SENATE February 27, 2020 have a resolution cosponsored on a Mr. WICKER. Mr. President, I ask about women’s lives and about the re- very bipartisan basis by 71 of my fellow unanimous consent that the resolution lationship between a woman and her Senators. be agreed to, the preamble be agreed doctor. Pointing out a few things about the to, and the motions to reconsider be All of these groups that I mentioned, history of this extraordinary public considered made and laid upon the again, the American College of Nurse- servant, this giant of American his- table with no intervening action or de- Midwives, American College of Obste- tory, Hiram Rhodes Revels was born a bate. tricians and Gynecologists, American free African American in 1827 in Fay- The PRESIDING OFFICER. Without Medical Women’s Association, Amer- etteville, Cumberland County, NC. He objection, it is so ordered. ican Public Health Association—all of was well-educated in a number of The resolution (S. Res. 508) was these groups have written in to oppose States, including North Carolina, Indi- agreed to. politicians interfering in the patient- ana, Ohio, and Illinois. Then he entered The preamble was agreed to. provider relationship and the criminal- the ministry, where he served in Mary- (The resolution, with its preamble, is izing of patient care. Do we want a land and in Missouri and, eventually, printed in today’s RECORD under ‘‘Sub- bunch of male politicians, do we want of course, coming to the State of Mis- mitted Resolutions.’’) people like President Trump and Vice sissippi. The PRESIDING OFFICER (Mr. President PENCE from the Presiding Of- By 1868, the Reverend Hiram Rhodes BRAUN). The Senator from Ohio. ficer’s home State, and do we want a Revels was also Alderman Hiram WOMEN’S HEALTHCARE bunch of politicians like MITCH MCCON- Rhodes Revels in Natchez, MS, and he Mr. BROWN. Mr. President, over and NELL—do we want them to be able to went on to a career of public service. over, we see the President and Repub- criminalize a doctor, get in the middle Then, the legislature, which made licans in Congress trying to take of a patient-doctor relationship and those decisions in that time under our healthcare away from people, particu- criminalize that? There is no question U.S. Constitution, chose Reverend Rev- larly women. We see it with the Presi- that is what this is about. els to come to Washington, DC, and dent’s lawsuits, trying to take away They act as though they know better serve as a Senator. the consumer protections for pre- than you—a woman—and your doctor. He served capably. He was well re- existing conditions. We see the vote in It is nothing new. We have seen it over ceived and well admired, and he the Senate—defeated by one vote, but a and over. We have seen Washington brought a degree of conciliation and to- vote in the Senate—which would have politicians, we see Columbus politi- getherness to this Senate that we had scaled back the bipartisan Medicaid ex- cians in my State, most of them men, not had before. He only served a little pansion in Ohio that my Republican obsessed with trying to assert them- over a year. He chose, instead, to re- Governor—I am a Democrat—and we selves into women’s healthcare deci- turn to Mississippi to become a college did bipartisanly in Ohio. We have seen sions. They can’t help themselves. president, continue in education, and attempts by Republicans to take away They just keep doing it. Those deci- continue in the ministry in Mississippi, healthcare then, and now we—espe- sions should be and are between a having served as president of what is cially just this week—see that with woman and her doctor, period. now Alcorn State University and also women’s healthcare. That is what the It is time, if I can say this, that old having served in Holly Springs, MS, in bills we voted down this week were all men in Washington and in courtrooms what is now Rust College. He was in about. They are about politicians put- and in State legislatures stop trying to the ministry in Aberdeen, MS, at the ting themselves in the middle of the sa- take away women’s healthcare, par- time of his death and is buried in Holly cred doctor-patient relationship. It in- ticularly when we have so much work Springs, MS. timidates women, and it intimidates to do in healthcare. I very much appreciate the help of medical professionals. Doctors aren’t We could be working instead of a Democrats and Republicans in getting sure what might happen to them in bunch of votes—I mean, I understand; this resolution right. There have only some cases. It takes away the freedom we know Senator MCCONNELL is in his been 10 African Americans in the his- of women to make their own decisions. office down the hall, and we know what tory of our Republic to serve in the We defeated them earlier this week, he does. We know he brings forward U.S. Senate. One of them—the first but they are not letting up. They tried legislation to get his base excited, to one—was Hiram Rhodes Revels. Three again to pass yet another bill that has make sure the most conservative vot- of them are serving today in the U.S. only one purpose: stigmatizing wom- ers in the country come out to vote. Senate. en’s healthcare. We know he does legislation all the I will acknowledge the help that I re- Supporters of these bills, including time to help his big financial contribu- ceived from a number of my colleagues the President of the United States, tors—to help the drug companies, to in adding information to this resolu- have spread lies and misinformation. It help the insurance companies, to help tion to make it better and fuller and is despicable. That is why doctors and the gun lobby. We know that is what more complete. I appreciate the bipar- medical experts alike oppose these MITCH MCCONNELL does. tisan cosponsorship of this but also the bills. Instead of trying to compromise bipartisan suggestions that I received Think about these groups: the Amer- women’s health, take healthcare away, and incorporated into the resolution to ican College of Nurse-Midwives, Amer- instead of eliminating consumer pro- make it better. ican College of Obstetricians and Gyne- tections for preexisting conditions, he I am honored to represent the same cologists, the American Medical Wom- could actually do something about State that this pioneer represented and en’s Association, the American Public drug prices. We could be working to began to represent some 150 years ago Health Association—on whom we rely protect the millions of Americans with this week. so much now on the coronavirus—the preexisting conditions. Mr. President, I ask unanimous con- American Society for Reproductive In this country, 10 years ago, we sent for the Senate to proceed to the Medicine, and the Association of Physi- passed a bill which said that if you are consideration of S. Res. 508, submitted cian Assistants in Obstetrics and Gyne- sick—you are really sick—and you earlier today. cology. All of these organizations op- spend a lot of money on healthcare, The PRESIDING OFFICER. The pose this bill because they see it for your health insurance company in the clerk will report the resolution by what it is: a compromise of women’s past would just cut your insurance off title. health. It is politicians, it is elected of- and you were out of luck. You would The senior assistant legislative clerk ficials in this body, it is Leader MCCON- then choose between going to the doc- read as follows: NELL from his office down the hall al- tor or not and all that can happen or A resolution (S. Res. 508) commemorating ways playing to his interest groups, al- you go bankrupt. We changed that. The the 150th anniversary of the historic seating ways playing politics. It is Senator Affordable Care Act said: No, you of Hiram Rhodes Revels as the first African MCCONNELL and his allies getting be- can’t. Just because you are sick and American United States Senator. tween the patient—the woman—and you are expensive, an insurance com- There being no objection, the Senate her doctor, as if mostly male politi- pany can’t take your insurance away. proceeded to consider the resolution. cians should be making these decisions They can’t cancel it.

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.037 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1177 President Trump has tried for 3 years The PRESIDING OFFICER. Without To be major general now to change that and take away objection, it is so ordered. Brig. Gen. Andrew J. MacDonald those consumer protections. He has The nominations considered and con- The following named Air National Guard of gotten support from MITCH MCCONNELL firmed are as follows: the United States officers for appointment in and from virtually almost every—ex- The following named Air National Guard of the Reserve of the Air Force to the grade in- cept for John McCain and a couple of the United States officers for appointment in dicated under title 10, U.S.C., sections 12203 other Senators from their side—almost the Reserve of the Air Force to the grade in- and 12212: every Republican in this Senate to say dicated under title 10, U.S.C., sections 12203 To be major general that it is OK to take away consumer and 12212: Brig. Gen. Todd M. Audet protections for preexisting conditions. To be brigadier general Brig. Gen. Kimberly A. Baumann Instead of doing that, we could work Col. Joseph R. Harris, II Brig. Gen. Floyd W. Dunstan to keep drug prices down. We could Col. Gent Welsh, Jr. Brig. Gen. Randal K. Efferson Brig. Gen. Laurie M. Farris The following named Air National Guard of give tax credits to help people afford Brig. Gen. James R. Kriesel the United States officers for appointment in insurance. We could protect the ability Brig. Gen. William P. Robertson the Reserve of the Air Force to the grade in- to stay on your parents’ healthcare. If Brig. Gen. James R. Stevenson, Jr. dicated under title 10, U.S.C., sections 12203 you are 25 years old, you could be on Brig. Gen. Charles M. Walker and 12212: your parents’ health insurance. They Brig. Gen. David A. Weishaar are trying to take that away. They are To be major general Brig. Gen. Gregory T. White trying to take Medicaid expansion Brig. Gen. Billy M. Nabors The following named Air National Guard of away. The following named Air National Guard of the United States officer for appointment in They are trying to make limits on the United States officers for appointment in the Reserve of the Air Force to the grade in- how much you pay out of pocket each the Reserve of the Air Force to the grade in- dicated under title 10, U.S.C., sections 12203 dicated under title 10, U.S.C., sections 12203 and 12212: year. Those are the kinds of things we and 12212: should be agreeing on. To be major general Free preventive screening services— To be brigadier general Brig. Gen. Christopher E. Finerty if you are a senior, if you are on Medi- Col. AnnMarie K. Anthony The following named Air National Guard of care, you can get free screening for Col. Taft 0. Aujero the United States officers for appointment in Col. Douglas B. Baker the Reserve of the Air Force to the grade in- osteoporosis, free screening for diabe- Col. Robert D. Bowie dicated under title 10, U.S.C., sections 12203 tes. The President and this Congress Col. Barbra S. Buls and 12212: tried to take those services away. Col. Donald K. Carpenter To be major general Five million Ohioans under 65 have Col. Konata A. Crumbly Brig. Gen. Joseph B. Wilson preexisting conditions. Basically, if Col. Johan A. Deutscher you are over 50 in this country, the Col. Patrick W. Donaldson IN THE ARMY chances are overwhelming that you Col. Bradford R. Everman The following named Army National Guard have a preexisting condition. Do you Col. Virginia I. Gaglio of the United States officer for appointment in the Reserve of the Army to the grade indi- want to lose those consumer protec- Col. Caesar R. Garduno Col. Patrick M. Hanlon cated under title 10, U.S.C., sections 12203 tions? Of course not. Col. Robert E. Hargens and 12211: Instead of making it harder for Ohio Col. Jeffrey L. Hedges To be brigadier general women to get the care they need, in- Col. Samuel C. Keener Col. Ronald F. Taylor stead of tearing down the Affordable Col. Robert I. Kinney Care Act, let’s make it stronger. Let’s Col. Jerry P. Reedy IN THE MARINE CORPS get drug prices under control. Let’s tell Col. Bryan E. Salmon The following named officer for appoint- American women we trust them; we Col. Tamala A. Saylor ment in the United States Marine Corps Re- trust them to make their own deci- Col. James S. Shigekane serve to the grade indicated under title 10, Col. Kimbra L. Sterr U.S.C., section 12203: sions. Col. Michael A. Valle To be major general I yield the floor. Col. Brian E. Vaughn I suggest the absence of a quorum. Brig. Gen. Michael S. Martin The PRESIDING OFFICER. The The following named Air National Guard of The following named officers for appoint- the United States officers for appointment in ment in the United States Marine Corps Re- clerk will call the roll. the Reserve of the Air Force to the grade in- The senior assistant legislative clerk serve to the grade indicated under title 10, dicated under title 10, U.S.C., sections 12203 U.S.C., section 12203: proceeded to call the roll. and 12212: Mr. MCCONNELL. Mr. President, I To be brigadier general To be brigadier general ask unanimous consent that the order Col. Douglas K. Clark for the quorum call be rescinded. Col. Dann S. Carlson Col. John F. Kelliher, III Col. Shawn M. Coco The PRESIDING OFFICER. Without Col. Steven E. Coney NOMINATIONS PLACED ON THE SECRETARY’S objection, it is so ordered. Col. Patrick E. DeConcini DESK f Col. Paul E. Franz IN THE AIR FORCE EXECUTIVE SESSION Col. John F. Hall PN1443 AIR FORCE nominations (5) begin- Col. Kenneth M. Haltom ning JOSHUA E. ERLANDSEN, and ending Col. Chris J. Ioder TOSHA M. VANN, which nominations were Col. Robert A. King EXECUTIVE CALENDAR received by the Senate and appeared in the Col. Michael J. Lovell Congressional Record of February 4, 2020. Mr. MCCONNELL. Mr. President, I Col. Sue Ellen Schuerman PN1444 AIR FORCE nominations (44) begin- ask unanimous consent that the Sen- Col. Christopher J. Sheppard ning MATTHEW G. ADKINS, and ending ate proceed to executive session for the Col. Charles A. Shurlow CATHERINE M. WARE, which nominations en bloc consideration of Executive Cal- Col. Lisa K. Snyder were received by the Senate and appeared in endar Nos. 573 through 582, 584 through The following named Air National Guard of the Congressional Record of February 4, 2020. the United States officers for appointment in PN1445 AIR FORCE nominations (31) begin- 585, and all nominations on the Sec- ning JENARA L. ALLEN, and ending retary’s desk; that the nominations be the Reserve of the Air Force to the grade in- dicated under title 10, U.S.C., sections 12203 SARAH M. WHEELER, which nominations confirmed, the motions to reconsider and 12212: were received by the Senate and appeared in be considered made and laid upon the the Congressional Record of February 4, 2020. To be major general table with no intervening action or de- PN1446 AIR FORCE nominations (129) be- bate; that no further motions be in Brig. Gen. Steven J. deMilliano ginning DANIEL J. ADAMS, and ending Brig. Gen. David J. Meyer ZACHARY E. WRIGHT, JR., which nomina- order; that any statements related to Brig. Gen. Russell L. Ponder the nominations be printed in the tions were received by the Senate and ap- The following named Air National Guard of peared in the Congressional Record of Feb- RECORD; that the President be imme- the United States officer for appointment in ruary 4, 2020. diately notified of the Senate’s action, the Reserve of the Air Force to the grade in- PN1447 AIR FORCE nominations (18) begin- and the Senate then resume legislative dicated under title 10, U.S.C., sections 12203 ning JENNIFER R. BEIN, and ending AN- session. and 12212: GELA K. STANTON, which nominations

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.038 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1178 CONGRESSIONAL RECORD — SENATE February 27, 2020 were received by the Senate and appeared in PN1471 ARMY nominations (2) beginning PN1481 NAVY nomination of Donald A. the Congressional Record of February 4, 2020. YASMIN J. ALTER, and ending DEBBY L. Sinitiere, which was received by the Senate PN1448 AIR FORCE nominations (55) begin- POLOZECK, which nominations were re- and appeared in the Congressional Record of ning WESLEY M. ABADIE, and ending ceived by the Senate and appeared in the February 4, 2020. SCOTT A. ZAKALUZNY, which nominations Congressional Record of February 4, 2020. PN1483 NAVY nominations (61) beginning were received by the Senate and appeared in PN1472 ARMY nominations (3) beginning STEPHEN W. ALDRIDGE, and ending the Congressional Record of February 4, 2020. OTHA J. HOLMES, and ending JONATHAN GREGORY C. WILLIAMS, which nomina- PN1449 AIR FORCE nominations (52) begin- W. MURPHY, which nominations were re- tions were received by the Senate and ap- ning LIOR ALJADEFF, and ending HYUN J. ceived by the Senate and appeared in the peared in the Congressional Record of Feb- YOON, which nominations were received by Congressional Record of February 4, 2020. ruary 4, 2020. the Senate and appeared in the Congres- PN1473 ARMY nomination of Shaun P. Mil- PN1484 NAVY nomination of Paul J. sional Record of February 4, 2020. ler, which was received by the Senate and Kaylor, which was received by the Senate PN1450 AIR FORCE nominations (294) be- appeared in the Congressional Record of Feb- and appeared in the Congressional Record of ginning JASON K. ADAMS, and ending ruary 4, 2020. February 4, 2020. DANIELLE N. ZIEHL, which nominations PN1475 ARMY nomination of Krista H. PN1485 NAVY nomination of Andrew S. were received by the Senate and appeared in Clarke, which was received by the Senate Jackson, which was received by the Senate the Congressional Record of February 4, 2020. and appeared in the Congressional Record of and appeared in the Congressional Record of PN1451 AIR FORCE nomination (52) begin- February 4, 2020. February 4, 2020. ning VICTORIA M. AGLEWILSON, and end- PN1476 ARMY nomination of Peter K. Mar- f ing DEBORAH L. WILLIS, which nomina- lin, which was received by the Senate and tions were received by the Senate and ap- appeared in the Congressional Record of Feb- LEGISLATIVE SESSION peared in the Congressional Record of Feb- ruary 4, 2020. ruary 4, 2020. PN1477 ARMY nomination of Angela I. PN1452 AIR FORCE nominations (2) begin- Iyanobor, which was received by the Senate ning JUNELENE M. BUNGAY, and ending and appeared in the Congressional Record MORNING BUSINESS ALEXANDRA L. MCCRARY-DENNIS, which February 4, 2020. Mr. MCCONNELL. Mr. President, I nominations were received by the Senate and PN1478 ARMY nomination of John J. ask unanimous consent that the Sen- appeared in the Congressional Record of Feb- Landers, which was received by the Senate ate be in a period of morning business, and appeared in the Congressional Record of ruary 4, 2020. with Senators permitted to speak PN1453 AIR FORCE nomination of Chris- February 4, 2020. topher J. Nastal, which was received by the PN1479 ARMY nomination of David P. therein for up to 10 minutes each. Senate and appeared in the Congressional Frommer, which was received by the Senate The PRESIDING OFFICER. Without Record of February 4, 2020. and appeared in the Congressional Record of objection, it is so ordered. PN1454 AIR FORCE nomination of Alex- February 4, 2020. (At the request of Mr. SCHUMER, the ander Khutoryan, which was received by the IN THE MARINE CORPS following statement was ordered to be Senate and appeared in the Congressional PN1378 MARINE CORPS nomination of printed in the RECORD.) Record of February 4, 2020. Mario A. Ortega, which was received by the f PN1455 AIR FORCE nomination of Daniel Senate and appeared in the Congressional S. Kim, which was received by the Senate Record of January 6, 2020. VOTE EXPLANATION and appeared in the Congressional Record of PN1474 MARINE CORPS nomination of February 4, 2020. Keith A. Stevenson, which was received by ∑ Mr. DURBIN. Mr. President, I was PN1456 AIR FORCE nomination of Marilyn the Senate and appeared in the Congres- necessarily absent for roll call vote No. L. Smith, which was received by the Senate sional Record of February 4, 2020. 62, confirmation of the nomination of and appeared in the Congressional Record of PN1489 MARINE CORPS nominations (3) Travis Greaves to be a judge for the February 4, 2020. beginning JOSEPH P. BALL, and ending U.S. Tax Court. As I did on cloture, had IN THE ARMY RAMON F. VASQUEZ, which nominations I been present for the vote, I would PN1457 ARMY nomination of Zachary J. were received by the Senate and appeared in have voted yea.∑ Conly, which was received by the Senate and the Congressional Record of February 4, 2020. PN1490 MARINE CORPS nominations (5) (At the request of Mr. SCHUMER, the appeared in the Congressional Record of Feb- following statement was ordered to be ruary 4, 2020. beginning DONALD K. BROWN, and ending PN1458 ARMY nomination of Audrey J. KEITH R. WILKINSON, which nominations printed in the RECORD.) were received by the Senate and appeared in Dean, which was received by the Senate and f appeared in the Congressional Record of Feb- the Congressional Record of February 4, 2020. ruary 4, 2020. PN1491 MARINE CORPS nominations (4) WOMEN’S HEALTHCARE PN1459 ARMY nomination of Michael W. beginning CHRISTINA L. HUDSON, and end- ing BRENT J. PATTERSON, which nomina- ∑ Ms. KLOBUCHAR. Mr. President, I Brancamp, which was received by the Senate rise today in opposition to the two bills and appeared in the Congressional Record of tions were received by the Senate and ap- February 4, 2020. peared in the Congressional Record of Feb- that the Senate considered this week PN1460 ARMY nomination of Tracy J. ruary 4, 2020. that would severely restrict women’s Brown which was received by the Senate and PN1492 MARINE CORPS nominations (2) access to reproductive healthcare. I appeared in the Congressional Record of Feb- beginning JAMES M. SHIPMAN, and ending have always believed that a woman’s ruary 4, 2020. PHILIP S. SPENCER, which nominations most personal and difficult medical de- PN1461 ARMY nomination of Kenneth A. were received by the Senate and appeared in the Congressional Record of February 4, 2020. cisions should be made with her doctor Wieder, which was received by the Senate and her family and free from political and appeared in the Congressional Record of PN1493 MARINE CORPS nomination of February 4, 2020 Christopher L. Kaiser, which was received by interference. PN1462 ARMY nomination of Chong K. Yi, the Senate and appeared in the Congres- These bills would prevent doctors which was received by the Senate and ap- sional Record of February 4, 2020. from providing a full range of repro- peared in the Congressional Record of Feb- PN1494 MARINE CORPS nominations (3) ductive healthcare that meets the ruary 4, 2020. beginning PETER T. GRAHAM, and ending needs of their patients. These bills put TRAVIS W. STORIE, which nominations PN1467 ARMY nominations (11) beginning women’s health at risk, which is why JOHN C. BENSON, and ending SEAN M. were received by the Senate and appeared in the Congressional Record of February 4, 2020. they are opposed by groups that rep- VIEIRA, which nominations were received resent healthcare professionals, includ- by the Senate and appeared in the Congres- PN1495 MARINE CORPS nominations (3) sional Record of February 4, 2020. beginning DANIEL E. FUSON, and ending ing the American Public Health Asso- PN1468 ARMY nomination of Ross C. Puff- JESUS T. RODRIGUEZ, which nominations ciation. They would also disproportion- er, which was received by the Senate and ap- were received by the Senate and appeared in ately impact women of color, LGBTQ peared in the Congressional Record of Feb- the Congressional Record of February 4, 2020. people, those facing intimate partner ruary 4, 2020. IN THE NAVY violence, and those living in rural PN1469 ARMY nomination of Amanda G. PN1224 NAVY nomination of Colin R. areas. Luschinski, which was received by the Sen- Young, which was received by the Senate All Americans deserve access to af- ate and appeared in the Congressional and appeared in the Congressional Record of fordable, high-quality healthcare, in- Record of February 4, 2020. October 15, 2019. PN1470 ARMY nomination of June E. PN1480 NAVY nomination of Catherine M. cluding the full range of reproductive Osavio, which was received by the Senate Dickinson, which was received by the Senate healthcare. It is for these reasons that and appeared in the Congressional Record of and appeared in the Congressional Record of I oppose the motions to invoke cloture February 4, 2020. February 4, 2020. on these bills.∑

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.007 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1179 BUDGET SCOREKEEPING REPORT its for current the fiscal year. Those This submission also includes a table Mr. ENZI. Mr. President, I rise to limits for regular discretionary spend- tracking the Senate’s budget enforce- submit to the Senate the budget ing are $666.5 billion for accounts in the ment activity on the floor since the en- scorekeeping report for February 2020. defense category and $621.5 billion for forcement filing on September 9, 2019. This is my fourth scorekeeping report accounts in the nondefense category of Since my last filing, one point of order since I filed the deemed budget resolu- spending. was raised. On January 16, 2020, Sen- tion for fiscal year 2020 on September 9, The 2018 budget resolution contained ator TOOMEY raised a point of order 2019, as required by the Bipartisan points of order limiting the use of against the emergency designations in Budget Act of 2019, BBA19. The report changes in mandatory programs, the supplemental appropriations title compares current-law levels of spend- CHIMPs, in appropriations bills. Table of the USMCA Implementation Act. ing and revenues with the amounts C, which tracks the CHIMP limit of $15 That point of order was waived by a billion for 2020, shows the Appropria- agreed to in BBA19. In the Senate, this vote of 78–21. tions Committee has complied with the information is used to determine All years in the accompanying tables CHIMP limit for this fiscal year. whether budgetary points of order lie are fiscal years. Table D provides the amount of budg- against pending legislation. The Re- I ask unanimous consent that the ac- et authority enacted for 2020 that has publican staff of the Budget Committee companying tables be printed in the been designated as either for an emer- and the Congressional Budget Office, RECORD. gency or for overseas contingency oper- CBO, prepared this report pursuant to There being no objection, the mate- ations, OCO, pursuant to section section 308(b) of the Congressional rial was ordered to be printed in the 251(b)(2)(A) of the Balanced Budget and Budget Act, CBA. The information in- RECORD, as follows: Emergency Deficit Control Act of 1985, cluded in this report is current through as amended. Funding that receives ei- February 21, 2020. TABLE A.—SENATE AUTHORIZING COMMITTEES—ENACTED ther of these designations results in Since I filed the last scorekeeping re- DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET cap adjustments to enforceable discre- port on January 15, 2020, only one RESOLUTIONS tionary spending limits. There is no measure was enacted with significant [In millions of dollars] limit on either emergency or overseas budgetary effects. On January 29, 2020, contingency operations spending; how- 2020– 2020– the President signed H.R. 5430, the 2020 ever, any Senator may challenge the 2024 2029 United States-Mexico-Canada Agree- designation with a point of order to Agriculture, Nutrition, and Forestry ment—USMCA—Implementation Act, strike the designation on the floor. The Budget Authority...... 0 0 0 into law. The measure implemented Outlays ...... 0 0 0 addition of $843 million in emergency- Armed Services the USMCA and affected both revenue designated funds from P.L. 116–113 Budget Authority ...... 32 1,972 5,637 and spending. According to CBO, the Outlays ...... 35 1,972 5,637 brings total emergency and OCO spend- Banking, Housing, and Urban Affairs USMCA Implementation Act will de- ing to $88.9 billion for the 2020 appro- Budget Authority ...... 169 2,260 5,402 crease direct spending outlays by $74 Outlays ...... 169 2,246 5,402 priations cycle. Commerce, Science, and Transportation million over 10 years and increase reve- In addition to the tables provided by Budget Authority...... 7 7 7 nues by nearly $3 billion over the same Outlays ...... 7 7 7 Budget Committee Republican staff, I Energy and Natural Resources period. Direct spending effects are am submitting CBO tables, which I will Budget Authority...... 0 0 0 largely attributable to the act’s provi- Outlays ...... 0 0 0 use to enforce budget totals approved Environment and Public Works sions related to the dairy industry, by Congress. Budget Authority ...... 8,058 38,589 77,069 while revenues are expected to increase Outlays ...... 415 683 1,130 CBO provided a spending and revenue Finance due to higher receipts from tariffs on report for 2020, Table 1, which helps en- Budget Authority ...... 8,161 14,280 17,226 motor vehicles and parts. The USMCA Outlays ...... 6,496 13,968 17,266 force aggregate spending levels in Foreign Relations Implementation Act also included $843 budget resolutions under CBA section Budget Authority...... 2 2 2 million in discretionary appropria- Outlays ...... 37 37 37 311. The current level is now in excess Homeland Security and Governmental Af- tions, designated as emergency spend- of allowable levels by $15.4 billion for fairs ing, for Federal agencies to execute the Budget Authority...... 0 0 0 budget authority and $1.7 billion for Outlays ...... 0 0 0 agreement. outlays in 2020. Details on 2020 levels Judiciary Budget Committee Republican staff Budget Authority...... 0 0 0 can be found in CBO’s second table. Outlays ...... 0 0 0 prepared tables A–D. Current-law revenues are currently Health, Education, Labor, and Pensions Table A gives the amount by which below enforceable levels for all enforce- Budget Authority ...... ¥720 ¥400 0 each Senate authorizing committee ex- Outlays ...... ¥997 ¥835 ¥435 ment periods. Revenues are currently Rules and Administration ceeds or falls below its allocations for $34.4 billion, $150 billion, and $383.2 bil- Budget Authority...... 0 0 0 budget authority and outlays under the Outlays ...... 0 0 0 lion lower than assumed in the deemed Intelligence fiscal year 2020 deemed budget resolu- budget resolution for 2020, 2020 through Budget Authority...... 0 0 0 tion. This information is used for en- Outlays ...... 0 0 0 2024, and 2020 through 2029, respec- Veterans’ Affairs forcing committee allocations pursu- tively. Budget Authority...... 0 0 0 ant to section 302 of the CBA. Legisla- Outlays ...... 0 0 0 Social Security spending levels are Indian Affairs tion enacted since the enactment of consistent with the budget resolution’s Budget Authority...... 0 0 0 BBA19 has resulted in six authorizing Outlays ...... 0 0 0 figures for 2020; however, Social Secu- Small Business committees being in breach of their al- rity revenue levels are $15 million Budget Authority...... 0 0 0 locations. The direct spending effects below assumed levels. CBO’s report Outlays ...... 0 0 0 of the USMCA Implementation Act also provides information needed to en- Total were credited to the Finance Com- Budget Authority ...... 15,709 56,710 105,343 force the Senate pay-as-you-go, Outlays ...... 6,162 18,078 29,044 mittee, which continues to violate its PAYGO, rule, Table 3. This rule is en- This table is current through February 21, 2020. This table tracks the allocation over all enforceable periods. forced under section 4106 of the 2018 spending effects of legislation enacted compared to allowable levels. Each In total, authorizing committees have budget resolution. The Senate PAYGO authorizing committee’s initial allocation can be found in the Senate Budget breached outlay limitations by more scorecard currently shows an enacted Committee Chairman’s Congressional Record filing on September 9, 2019. than $29 billion over the 2020 through deficit decrease of $984 million in 2020, 2029 period. but enacted deficit increases of $361 TABLE B.—SENATE APPROPRIATIONS COMMITTEE— Table B provides the amount by million and $2.2 billion over the 2019– ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 which the Senate Committee on Appro- 2024 and 2019–2029 periods, respectively. [Budget authority, in millions of dollars] priations is below or exceeds the statu- The deficit effects of the USMCA Im- tory spending limits. This information plementation Act do not include the 2020 is used to determine points of order re- amounts designated as supplemental Security 2 Nonsecurity 2 lated to the spending caps found in sec- appropriations because those amounts Statutory Discretionary Limits ...... 666,500 621,500 tions 312 and 314 of the CBA. The table are recorded as discretionary spending, Amount Provided by Senate Appropriations Subcommittee shows that the Appropriations Com- which is not recorded on the Senate’s Agriculture, Rural Development, and mittee is compliant with spending lim- PAYGO scorecard. Related Agencies ...... 0 23,493

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.021 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1180 CONGRESSIONAL RECORD — SENATE February 27, 2020 TABLE B.—SENATE APPROPRIATIONS COMMITTEE—EN- TABLE B.—SENATE APPROPRIATIONS COMMITTEE—EN- TABLE C.—SENATE APPROPRIATIONS COMMITTEE—EN- ACTED REGULAR DISCRETIONARY APPROPRIATIONS 1— ACTED REGULAR DISCRETIONARY APPROPRIATIONS 1— ACTED CHANGES IN MANDATORY SPENDING PROGRAMS Continued Continued (CHIMPS)—Continued [Budget authority, in millions of dollars] [Budget authority, in millions of dollars] [Budget authority, millions of dollars]

2020 2020 2020

Security 2 Nonsecurity 2 Security 2 Nonsecurity 2 Senate Appropriations Subcommittees Agriculture, Rural Development, and Related Agencies 0 Defense ...... 622,522 143 Total Enacted Above (+) or Below ¥ Commerce, Justice, Science, and Related Agencies ...... 5,737 Energy and Water Development ...... 24,250 24,093 ( ) Statutory Limits ...... 0 0 Defense ...... 0 Financial Services and General Govern- This table is current through February 21, 2020. Energy and Water Development ...... 0 ment ...... 35 23,793 1 This table excludes spending pursuant to adjustments to the discre- Financial Services and General Government ...... 0 Homeland Security ...... 2,383 48,085 tionary spending limits. These adjustments are allowed for certain purposes Homeland Security ...... 0 Interior, Environment, and Related in section 251(b)(2) of BBEDCA. Interior, Environment, and Related Agencies ...... 0 Agencies ...... 0 35,989 2 Security spending is defined as spending in the National Defense budg- Labor, Health and Human Services, Education, and Re- Labor, Health and Human Services, et function (050) and nonsecurity spending is defined as all other spending. lated Agencies ...... 9,263 Education, and Related Agencies .... 0 183,042 Legislative Branch ...... 0 Legislative Branch ...... 0 5,049 Military Construction, Veterans Affairs, and Related TABLE C.—SENATE APPROPRIATIONS COMMITTEE—EN- Agencies ...... 0 Military Construction, Veterans Affairs, ACTED CHANGES IN MANDATORY SPENDING PROGRAMS State, Foreign Operations, and Related Programs ...... 0 and Related Agencies ...... 11,315 92,171 Transportation, Housing and Urban Development, and State, Foreign Operations, and Related (CHIMPS) Related Agencies ...... 0 Programs ...... 0 46,685 [Budget authority, millions of dollars] Transportation and Housing and Urban Current Level Total ...... 15,000 Development, and Related Agencies 300 73,977 Total CHIMPS Above (+) or Below (¥) Budget 2020 Resolution ...... 0 Current Level Total ...... 666,500 621,500 CHIMPS Limit for Fiscal Year 2020 ...... 15,000 This table is current through February 21, 2020. TABLE D.—SENATE APPROPRIATIONS COMMITTEE— ENACTED EMERGENCY AND OVERSEAS CONTINGENCY OPERATIONS SPENDING [Budget authority, millions of dollars]

2020 Emergency and Overseas Contingency Operations Designated Spending Emergency Overseas Contingency Operations

Security 1 Nonsecurity 1 Security 1 Nonsecurity 1

Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L.116–20) 2 ...... 0 8 0 0 Consolidated Appropriations Act, 2020 (P.L. 116–93) ...... 1,771 0 70,855 0 Further Consolidated Appropriations Act, 2020 (P.L. 116–94) ...... 6,229 535 645 8,000 United States-Mexico-Canada Agreement Implementation Act (P.L. 116–113) ...... 0 843 0 0 Current Level Total ...... 8,000 1,386 71,500 8,000 This table is current through February 21, 2020. 1 Security spending is defined as spending in the National Defense budget function (050) and nonsecurity spending is defined as all other spending. 2 The Additional Supplemental Appropriations for Disaster Relief Act, 2019 was enacted after the publication of CBO’s May 2019 baseline but before the Senate Budget Committee Chairman published the deemed budget resolution for 2020 in the Congressional Record. Pursuant to the Bipartisan Budget Act of 2019, the budgetary effects of this legislation have been incorporated into the current level as previously enacted funds.

U.S. CONGRESS, Since our last letter dated January 15, 2020, TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, the Congress has cleared, and the President ING AND REVENUES FOR FISCAL YEAR 2020, AS OF Washington, DC, February 26, 2020. has signed, the United States-Mexico-Canada FEBRUARY 21, 2020 Hon. MIKE ENZI, Agreement Implementation Act (P.L. 116– [In billions of dollars] Chairman, Committee on the Budget, 113). That Act has significant effects on U.S. Senate, Washington, DC. budget authority and outlays in fiscal year Current DEAR MR. CHAIRMAN: The enclosed report Budget Current Level Over/ shows the effects of Congressional action on 2020. Resolution Level Under (¥) the fiscal year 2020 budget and is current Sincerely, Resolution through February 21, 2020. This report is sub- PHILLIP L. SWAGEL, Director. On-Budget mitted under section 308(b) and in aid of sec- Budget Authority ...... 3,817.0 3,832.3 15.4 tion 311 of the Congressional Budget Act, as Enclosure. Outlays ...... 3,733.4 3,735.1 1.7 amended. Revenues ...... 2,740.5 2,706.1 ¥34.4 The estimates of budget authority, out- Off-Budget Social Security Outlays a 961.2 961.2 0.0 lays, and revenues are consistent with the Social Security Revenues 940.4 940.4 0.0 allocations, aggregates, and other budgetary levels printed in the Congressional Record on Source: Congressional Budget Office. September 9, 2019, pursuant to section 204 of a Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust the Bipartisan Budget Act of 2019 (Public Fund of the Social Security Administration, which are off-budget, but are Law 116–37). appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2020, AS OF FEBRUARY 21, 2020 [In millions of dollars]

Budget Author- ity Outlays Revenues

Previously Enacted ab Revenues ...... n.a. n.a. 2,740,538 Permanents and other spending legislation ...... 2,397,769 2,309,887 n.a. Authorizing and Appropriation legislation ...... 0 595,528 0 Offsetting receipts ...... ¥954,573 ¥954,573 n.a. Total, Previously Enacted ...... 1,443,196 1,950,842 2,740,538 Enacted Legislation Authorizing Legislation Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Div. B, P.L. 116–59) ...... 693 667 0 Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 20l9 (Div. B, P.L. 116–69) ...... 8,058 415 0 Women’s Suffrage Centennial Commemorative Coin Act (P.L. 116–71) ...... ¥2 ¥2 0 Fostering Undergraduate Talent by Unlocking Resources for Education Act (P.L. 116–91) ...... ¥720 ¥997 0 National Defense Authorization Act for Fiscal Year 2020 (P.L. 116–92) ...... 32 35 1 Further Consolidated Appropriations Act, 2020 (Div. I-K, M-Q, P.L. 116–94) ...... 8,360 6,720 ¥34,449 United States-Mexico-Canada Agreement Implementation Act (P.L. 116–113) ...... ¥19 ¥9 0 Subtotal, Authorizing Legislation ...... 16,402 6,829 ¥34,448 Appropriation Legislation ab Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Div. A, P.L. 116–59) c ...... 0 128 0 Consolidated Appropriations Act, 2020 (P.L. 116–93) ...... 884,979 530,980 0 Further Consolidated Appropriations Act, 2020 (Div. A–H, P.L. 116–94) d ...... 1,585,345 1,239,739 0 United States-Mexico-Canada Agreement Implementation Act (Title IX, P.L. 116–113) ...... 843 334 10 Subtotal, Appropriation Legislation ...... 2,471,167 1,771,181 10 Total, Enacted Legislation ...... 2,487,569 1,778,010 ¥34,438

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.036 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1181 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2020, AS OF FEBRUARY 21, 2020— Continued [In millions of dollars]

Budget Author- ity Outlays Revenues

Entitlements and Mandatories ...... ¥98,431 6,242 0 Total Current Level b ...... 3,832,334 3,735,094 2,706,100 Total Senate Resolution e ...... 3,816,965 3,733,409 2,740,538 Current Level Over Senate Resolution ...... 15,369 1,685 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 34,438

Memorandum Revenues, 2020–2029 Senate Current Level ...... n.a. n.a. 34,464,133 Senate Resolution e ...... n.a. n.a. 34,847,317 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. 383,184 Source: Congressional Budget Office. n.a. = not applicable; P.L. = public law. a Sections 1001–1004 of the 21st Century Cures Act (P.L. 114–255) require that certain funding provided for 2017 through 2026 to the Department of Health and Human Services—in particular the Food and Drug Administration and the National Institutes of Health—be excluded from estimates for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Deficit Control Act) and the Congressional Budget and lmpoundment Control Act of 1974 (Congressional Budget Act). Therefore, the amounts shown in this report do not include $567 million in budget authority and $798 million in estimated outlays. b For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, amounts in this current level report do not include those items. c Section 124 of the Continuing Appropriations Act, 2020 (division A of P.L. 116–59), appropriated funding for the Ukraine Security Assistance Initiative (within the jurisdiction of the Subcommittee on Defense) and designated those amounts as funding for overseas contingency operations. That provision took effect upon enactment on September 27, 2019. d In consultation with the House and Senate Committees on the Budget and the Office of Management and Budget, rescissions of emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement purposes. These amounts, which are not included in the current level totals, are as follows: Budget Author- ity Outlays Revenues

Further Consolidated Appropriations Act, 2020 (Division H, P.L. 116–94) ...... ¥7 0 0 e Section 204 of the Bipartisan Budget Act of 2019 requires the Chairman of the Senate Committee on the Budget to publish the aggregate spending and revenue levels for fiscal year 2020; those aggregate levels were first published in the Congressional Record on September 9, 2019. The Chairman of the Senate Committee on the Budget has the authority to revise the budgetary aggregates for the budgetary effects of certain revenue and spending measures pursuant to the Congressional Budget Act of 1974 and H.Con.Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, as updated by the Bipartisan Budget Act of 2019. Authority Outlays Revenues

Original Aggregates printed on September 9, 2019: ...... 3,703,553 3,680,696 2,740,538 Revisions: Adjustment for P.L. 116–59, Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 ...... 693 795 0 Adjustment for P.L. 116–69, Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 ...... 4,750 4,050 0 Adjustment for P.L. 116–93, Consolidated Appropriations Act, 2020, and P.L. 116–94, Further Consolidated Appropriations Act, 2020 ...... 107,126 47,534 0 Adjustment for P.L. 116–113, United States-Mexico-Canada Agreement Implementation Act ...... 843 334 0 Revised Senate Resolution ...... 3,816,965 3,733,409 2,740,538

TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD AS OF FEBRUARY 21, 2020 [In millions of dollars]

2020 2019–2024 2019–2029

Beginning Balance a ...... 0 0 0 Enacted Legislation bc Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (H.R. 4378, P.L. 116–59) d ...... n.a. n.a. n.a. Christa McAuliffe Commemorative Coin Act of 2019 (S. 239, P.L. 116–65) ...... 0 0 0 Hidden Figures Congressional Gold Medal Act (H.R. 1396, P.L. 116–68) ...... * * * Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (H.R. 3055, P.L. 116–69) e ...... — — — Women’s Suffrage Centennial Commemorative Coin Act (H.R. 2423, P.L. 116–71) ...... ¥2 0 0 Preventing Animal Cruelty and Torture Act (H.R. 724, P.L. 116–72) ...... * * * Hong Kong Human Rights and Democracy Act of 2019 (S. 1838, P.L. 116–76) ...... * * * An act to amend section 442 of title 18, United Stales Code, to exempt certain interests in mutual funds, unit investment trusts, employee benefit plans, and retirement plans from con- flict of interest limitations for the Government Publishing Office. (H.R. 5277, P.L. 116–78) ...... * * * Fostering Undergraduate Talent by Unlocking Resources for Education Act (H.R. 5363, P.L. 116–91) ...... ¥997 ¥835 ¥435 National Defense Authorization Act for Fiscal Year 2020 (S. 1790; P.L. 116–92) ...... 34 1,975 5,645 Futher Consolidated Appropriations Act, 2020 (H.R. 1865, P.L. 116–94) f ...... — — — Virginia Beach Strong Act (H.R. 4566, P.L. 116–98) ...... * * * Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act (S. 216, P.L. 116–100) ...... * * * Grant Reporting Efficiency and Agreements Transparency Act of 20l9 (H.R. 150, P.L. 116–103) ...... * * * TRACED Act (S. 151, P.L. 116–105) ...... * * * Preventing Illegal Radio Abuse Through Enforcement Act (H.R. 583, P.L. 116–109) ...... * * * President George H.W. Bush and First Spouse Barbara Bush Coin Act (S. 457, P.L. 116–112) ...... * * * United States-Mexico-Canada Agreement Implementation Act (H.R. 5430, P.L. 116–113) ...... ¥19 ¥779 ¥3,044 ¥984 361 2,166 Impact on Deficit ...... ¥984 361 2,166 Total Change in Outlays ...... ¥973 1,068 5,128 Total Change in Revenues ...... 11 707 2,962 Source: Congressional Budget Office. n.a. = not applicable; P.L. = public law; — = excluded from PAYGO scorecard; * = between ¥$500,000 and $500,000. a On September 9, 2019, the Chairman of the Senate Committee on the Budget reset the Senate’s Pay-As-You-Go Scorecard to zero for all fiscal years. b The amounts shown represent the estimated effect of the public laws on the deficit. c Excludes off-budget amounts. d The budgetary effects of division B of this act are excluded from the Senate’s PAYGO scorecard, pursuant to sec. 1701(b) of the act. The budgetary effects of division A were fully incorporated into the PAYGO ledger pursuant to the authority provided to the Chairman of the Senate Budget Committee in section 3005 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. The Chairman exercised that authority through filing an adjustment in the Congressional Record on September 26, 2019. e The budgetary effects of division B of this act are excluded from the Senate’s PAYGO scorecard, pursuant to sec. 1801(b) of the act. f The budgetary effects of this act are excluded from the Senate’s PAYGO scorecard, pursuant to section 1001 of Title X of division I of the act.

ENFORCEMENT REPORT OF POINTS OF ORDER RAISED SINCE THE FY 2020 ENFORCEMENT FILING

Vote Date Measure Violation Motion to Waive 1 Result

399 December 17, 2019 ...... Conference Report to Accompany S. 1790, the National Defense 3101-long-term deficits 2 ...... Sen. Inhofe (R–OK) ...... 82–12, wavied Authorization Act for Fiscal Year 2020. 414 December 19, 2019 ...... H.R. 1865, the Further Consolidated Appropriations Act, 2020 ...... 3101-long-term deficits 3 ...... Sen. Shelby (R–AL) ...... 64–30, waived 13 January 16, 2020 ...... H.R. 5430, the United States-Mexico-Canada Agreement Implemen- 314(e)-emergency desgination 4 ...... Sen. Grassley (R–IA) ...... 78–21, waived tation Act. 1 All motions to waive were offered pursuant to section 904 of the Congressional Budget Act of 1974. 2 Senator Enzi raised a 3101(b) point of order against the conference report because the legislation would increase on-budget deficits by more than $5 billion in each of the four consecutive 10-year periods beginning in 2030. 3 Senator Enzi raised a 3101(b) point of order against the bill because the legislation would increase on-budget deficits by more than $5 billion in at least one of the four consecutive 10-year periods beginning in 2030. 4 Senator Toomey raised a 314(e) point of order against the emergency designation on page 233, lines 4 through 8, of the bill.

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.038 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1182 CONGRESSIONAL RECORD — SENATE February 27, 2020 ARM SALES NOTIFICATION ices, contractor furnished support, commu- There will be no adverse impact on U.S. de- nications support equipment, tools and test fense readiness as a result of this proposed Mr. RISCH. Mr. President, section equipment, training, U.S. Government tech- sale. 36(b) of the Arms Export Control Act nical/logistical Support, contractor tech- TRANSMITTAL NO. 19–76 requires that Congress receive prior no- nical support, spares and support equipment, Notice of Proposed Issuance of Letter of and other related elements of logistical and tification of certain proposed arms Offer Pursuant to Section 36(b)(1) of the sales as defined by that statute. Upon program support services. (iv) Military Department: Army (JO–B– Arms Export Control Act such notification, the Congress has 30 Annex Item No. vii calendar days during which the sale YBJ). (v) Prior Related Cases, if any: JO–B–WYB. (vii) Sensitivity of Technology: may be reviewed. The provision stipu- (vi) Sales Commission, Fee, etc., Paid, Of- 1. All equipment, documentation, software lates that, in the Senate, the notifica- fered, or Agreed to be Paid: None. and associated information proposed in this tion of proposed sales shall be sent to (vii) Sensitivity of Technology Contained sale is UNCLASSIFIED. the chairman of the Senate Foreign in the Defense Article or Defense Services 2. The AFATDS software and tailored, Proposed to be Sold: See Attached Annex. international ballistic kernel included in Relations Committee. (viii) Date Report Delivered to Congress: In keeping with the committee’s in- this proposed sale will be formally tested to February 25, 2020. verify release for export and to verify the ex- tention to see that relevant informa- * As defined in Section 47(6) of the Arms cision of any and all elements not authorized tion is available to the full Senate, I Export Control Act. for release or export to Jordan. ask unanimous consent to have printed POLICY JUSTIFICATION 3. If a technologically advanced adversary in the RECORD the notifications which Jordan—Artillery Command, Control and were to obtain knowledge of the hardware have been received. If the cover letter Communications (C3) Equipment and software elements, the information references a classified annex, then such The Government of Jordan has requested could be used to develop countermeasures or annex is available to all Senators in to buy up to seven hundred (700) Advanced equivalent systems which might reduce sys- the office of the Foreign Relations Field Artillery Tactical Data System tem effectiveness or be used in the develop- Committee, room SD–423. (AFATDS) software license copies with a tai- ment of a system with similar or advanced lored, international ballistic kernel. Also in- There being no objection, the mate- capabilities. cluded are up to two hundred (200) each 4. A determination has been made that the rial was ordered to be printed in the laptop and table computers, ancillary com- Jordan can provide substantially the same RECORD, as follows: puter mounting hardware, battery kits and degree of protection for the sensitive tech- DEFENSE SECURITY chargers, printers, scanners, network routers nology being released as the U.S. Govern- COOPERATION AGENCY, and communication hardware, moderns, two ment. This sale is necessary in furtherance Arlington, VA. hundred fifty (250) each diesel fueled 5 kilo- of the U.S. foreign policy and national secu- Hon. JAMES E. RISCH, watt auxiliary power units (APUs), one hun- rity objectives outlined in the Policy Jus- Chairman, Committee on Foreign Relations, dred (100) each diesel fueled electrical power tification. U.S. Senate, Washington, DC. generators, fifty (50) each model 7800–HF 150– f DEAR MR. CHAIRMAN: Pursuant to the re- Watt high frequency radios, five hundred porting requirements of Section 36(b)(1) of (500) each model 7850–MB 50–Watt multiband ARMS SALES NOTIFICATION the Arms Export Control Act, as amended, (UHF & VHF) radios, five hundred fifty (550) Mr. RISCH. Mr. President, section we are forwarding herewith Transmittal No. each model 7850–MB IO-Watt multiband 36(b) of the Arms Export Control Act 19–76 concerning the Army’s proposed Let- (UHF & VHF) radios, all the required cables ter(s) of Offer and Acceptance to the Govern- and components, required engineering and requires that Congress receive prior no- ment of Jordan for defense articles and serv- installation services, operations, integra- tification of certain proposed arms ices estimated to cost $300 million. After this tion, and maintenance services, contractor sales as defined by that statute. Upon letter is delivered to your office, we plan to furnished support, communications support such notification, the Congress has 30 issue a news release to notify the public of equipment, tools and test equipment, train- calendar days during which the sale this proposed sale. ing, U.S. Government technical/logistical may be reviewed. The provision stipu- Sincerely, Support, contractor technical support, lates that, in the Senate, the notifica- CHARLES W. HOOPER, spares and support equipment, and other re- tion of proposed sales shall be sent to Lieutenant General, USA, Director. lated elements of logistical and program sup- Enclosures: port services. The estimated cost is $300 mil- the chairman of the Senate Foreign Relations Committee. TRANSMITTAL NO. 19–76 lion. This proposed sale will support the foreign In keeping with the committee’s in- Notice of Proposed Issuance of Letter of policy and national security of the United tention to see that relevant informa- Offer Pursuant to Section 36(b)(1) of the States by helping to improve the security of Arms Export Control Act, as amended tion is available to the full Senate, I an important Major Non-NATO ally in the ask unanimous consent to have printed (i) Prospective Purchaser: Government of region. This sale is consistent with U.S. ini- in the RECORD the notifications which Jordan. tiatives to provide key partners in the region (ii) Total Estimated Value: with modern systems that will enhance have been received. If the cover letter Major Defense Equipment * $40 million. interoperability with U.S. forces and in- references a classified annex, then such Other $260 million. crease security. annex is available to all Senators in Total $300 million. The proposed upgrade will allow the Jor- the office of the Foreign Relations (iii) Description and Quantity or Quan- dan Armed Forces (JAF) to fire Guided Mul- Committee, room SD–423. tities of Articles or Services under Consider- tiple Launch Rocket System-Alternative There being no objection, the mate- ation for Purchase: Advanced Field Artillery Warhead (GMLRS–AW) rockets using a dig- rial was ordered to be printed in the Tactical Data System (AFATDS) including ital fire control system. The expansion will RECORD, as follows: hardware, software, and associated services. ensure uniformity among all indirect fire Major Defense Equipment (MDE): Up to systems used by the JAF. The upgrade and DEFENSE SECURITY seven hundred (700) AFATDS Software Li- expansion of the AFATDS fire control sys- COOPERATION AGENCY, cense Copies with a Tailored, International tem will allow the JAF to defend its borders Arlington, VA. Ballistic Kernel. and ground forces with indirect fire weapon Hon. JAMES E. RISCH, Non-MDE: Also included are up to two hun- systems. This proposed sale will advance the Chairman, Committee on Foreign Relations, dred (200) each laptop and table computers, JAF’s efforts to modernize its military and U.S. Senate, Washington, DC. ancillary computer mounting hardware, bat- to enhance interoperability with U.S., allied, DEAR MR. CHAIRMAN: Pursuant to the re- tery kits and chargers, printers, scanners, and coalition military forces. Jordan will porting requirements of Section 36(b)(1) of network routers and communication hard- have no difficulty absorbing these defense the Arms Export Control Act, as amended, ware, modems, two hundred fifty (250) each articles and services into its armed forces. we are forwarding herewith Transmittal No. diesel fueled 5 kilowatt auxiliary power The proposed sale will not alter the basic 19–75 concerning the Navy’s proposed Let- units (APUs), one hundred (100) each diesel military balance in the region. ter(s) of Offer and Acceptance to the Govern- fueled electrical power generators, fifty (50) The prime contractors for the AFATDS ment of the Netherlands for defense articles each model 7800–HF 150–Watt high frequency and supporting equipment include Raytheon and services estimated to cost $85 million. radios, five hundred (500) each model 7850–MB Company and the Harris Company. There are After this letter is delivered to your office, 50–Watt multiband (UHF & VHF) radios, five no known offset agreements in connection we plan to issue a news release to notify the hundred fifty (550) each model 7850–MB IO- with this potential sale. public of this proposed sale. Watt multiband (UHF & VHF) radios, all the Implementation of this sale will not re- Sincerely, required cables and components, required en- quire the assignment of any U.S. Govern- CHARLES W. HOOPER, gineering and installation services, oper- ment or contractor representatives to Jor- Lieutenant General, USA, Director. ations, integration, and maintenance serv- dan. Enclosures.

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TRANSMITTAL NO. 19–75 1. The Mod 7 configuration is the United (ii) Total Estimated Value: Notice of Proposed Issuance of Letter of States Navy’s most capable submarine Major Defense Equipment * $123.2 million. Offer Pursuant to Section 36(b)(1) of the launched torpedo. It has a new sonar receiver Other $202.6 million. Arms Export Control Act, as amended that has a broader bandwidth capability Total $325.8 million. (i) Prospective Purchaser: Government of than previous versions, and also employs a (iii) Description and Quantity or Quan- the Netherlands. new tactical processor that has increased tities of Articles or Services under Consider- (ii) Total Estimated Value: memory and throughput. The Mod 7AT con- ation for Purchase: Major Defense Equipment* $75 million. figuration has the same guidance and control Major Defense Equipment (MDE): Other $10 million. system and the same software as the Mod 7. Three hundred twelve (312) MAU–169 Com- Total $85 million. However, it employs the Mod 4M afterbody puter Control Groups (CCG). (iii) Description and Quantity or Quan- which results in higher radiated noise. Three hundred twelve (312) MXU–1006/B Air tities of Articles or Services under Consider- 2. If a technologically advanced adversary Foil Groups (AFG). ation for Purchase: were to obtain knowledge of the specific Four hundred sixty-eight (468) MK81 250 LB Major Defense Equipment (MDE): Sixteen hardware and software elements, the infor- GP Bombs. (16) MK–48 Mod 7 Advanced Technology (AT) mation could be used to develop counter- Eighteen (18) BDU–50s (MK–82 Filled Inert). Torpedo Conversion Kits. measures that might reduce weapon system Sixty-six (66) MXU–650 C/B Air Foil Groups Non-MDE: Also included are spare parts, effectiveness or be used in the development (AFG), GBU–12. containers, associated hardware, torpedo of a system with similar or advanced capa- Sixty (60) Guidance Section, Guided handling equipment, and cables; U.S. Gov- bilities. Bombs, MAU–209, GBU–10,12,16. ernment and contractor engineering, tech- 3. A determination has been made that the Forty-eight (48) MK–82 5001b Bombs. nical, and logistics support services; and Netherlands can provide substantially the Five hundred sixteen (516) FMU–152 A/B other related elements of logistics and pro- same degree of protection for the technology Fuzes. gram support. being released as the U.S. Government. This Eighteen (18) MAU–169H(D–2)/B Computer (iv) Military Department: Navy (NE–P– proposed sustainment program is necessary Control Groups. LHC A5). to the furtherance of the U.S. foreign policy Three thousand two hundred ninety (3290) (v) Prior Related Cases, if any: NE–P–LHC. and national security objectives as outlined Advanced Precision Kill Weapon Systems (vi) Sales Commission, Fee, etc., Paid, Of- in the Policy Justification. (APKWS). fered, or Agreed to be Paid: None. 4. All defense articles and services listed in Non-Major Defense Equipment (MDE): Also (vii) Sensitivity of Technology Contained this transmittal have been authorized for re- included are four (4) AT–6C Wolverine Light in the Defense Article or Defense Services lease and export to the Netherlands. Attack Aircraft; two (2) Pratt & Whitney Proposed to be Sold: See Annex Attached. f (viii) Date Report Delivered to Congress: PT6A–68D 1600 SHP engines (spares); six (6) February 25, 2020. ARM SALES NOTIFICATION L–3 WESCAM MX–15D Multi-Spectral Tar- geting System; six (6) Machine Gun Caliber * As defined in Section 47(6) of the Mr. RISCH. Mr. President, section Arms Export Control Act. .50; Cartridge Actuated Device/Propellant 36(b) of the Arms Export Control Act Actuated Device (CAD/PAD); High Explosive POLICY JUSTIFICATION requires that Congress receive prior no- Warhead; bomb components, repair and re- Netherlands—MK–48 Torpedo Conversion tification of certain proposed arms turn of weapons, weapons training equip- Kits sales as defined by that statute. Upon ment, practice bombs, TTU–595 Test Set and The Government of the Netherlands has re- such notification, the Congress has 30 spares, fin assemblies, rocket motors, train- quested to buy sixteen (16) MK–48 Mod 7 Ad- ing aids/devices/spare parts, aircraft spare vanced Technology (AT) torpedo conversion calendar days during which the sale may be reviewed. The provision stipu- parts, support equipment, clothing and tex- kits. Also included are spare parts, con- tiles, publications and technical documenta- tainers, associated hardware, torpedo han- lates that, in the Senate, the notifica- tion, travel expenses, medical services, con- dling equipment, and cables; U.S. Govern- tion of proposed sales shall be sent to struction, aircraft ferry support, technical ment and contractor engineering, technical, the chairman of the Senate Foreign and logistical support services, major modi- and logistics support services; and other re- Relations Committee. fications/class IV support, personnel training lated elements of logistics and program sup- In keeping with the committee’s in- and training equipment, U.S. Government port. The total estimated program cost is $85 tention to see that relevant informa- and contractor program support, and other million. related elements of logistics and program This proposed sale will support the foreign tion is available to the full Senate, I ask to unanimous consent to have support. policy and national security of the United (iv) Military Department: Air Force (TU– printed in the RECORD the notifications States by helping to improve security of a D–SAC). NATO ally which is an important force for which have been received. If the cover (v) Prior Related Cases, if any: None. political stability and economic progress in letter references a classified annex, (vi) Sales Commission, Fee, etc., Paid, Of- Northern Europe. then such annex is available to all Sen- fered, or Agreed to be Paid: None. The Netherlands desires to upgrade addi- ators in the office of the Foreign Rela- (vii) Sensitivity of Technology Contained tional MK 48 Mod 4 torpedoes to the MK 48 in the Defense Article or Defense Services Mod 7 AT model. They intend to use the MK tions Committee, room SD–423. Proposed to be Sold: See Attached Annex. 48 Mod 7 AT torpedo on their Walrus Class There being no objection, the mate- (viii) Date Report Delivered to Congress: submarines. The Netherlands will have no rial was ordered to be printed in the February 25, 2020. difficulty absorbing this equipment into its RECORD, as follows: * As defined in Section 47(6) of the Arms armed forces. DEFENSE SECURITY Export Control Act. The proposed sale of this equipment will COOPERATION AGENCY, not alter the basic military balance in the Arlington, VA. POLICY JUSTIFICATION region. Hon. JAMES E. RISCH, Tunisia—AT–6 Light Attack Aircraft The prime contractor will be Raytheon Chairman, Committee on Foreign Relations, The Government of Tunisia has requested Company, Portsmouth, RI. The Netherlands U.S. Senate, Washington, DC. to buy four (4) AT–6C Wolverine Light At- may require offset agreements in connection DEAR MR. CHAIRMAN: Pursuant to the re- tack Aircraft with supporting equipment, to with this potential sale. Any offset agree- porting requirements of Section 36(b)(1) of include: three hundred twelve (312) MAU–169 ment will be defined in negotiations between the Arms Export Control Act, as amended, Computer Control Groups (CCG); three hun- the Purchaser and the prime contractor. we are forwarding herewith Transmittal No. dred twelve (312) MXU–1006/B Air Foil Groups Implementation of this proposed sale will 19–71 concerning the Air Force’s proposed (AFG); four hundred sixty-eight (468) MK81 not require the assignment of any additional Letter(s) of Offer and Acceptance to the Gov- 250 LB GP bombs; eighteen (18) BDU–50s U.S. Government or contractor representa- ernment of Tunisia for defense articles and (MK–82 Filled Inert); sixty-six (66) MXU–650 tives to the Netherlands. Travel of U.S. Gov- services estimated to cost $325.8 million. C/B Air Foil Groups (AFG), GBU–12; sixty ernment or contractor representatives to the After this letter is delivered to your office, (60) Guidance Section, guided bombs, MAU– Netherlands on a temporary basis for pro- we plan to issue a news release to notify the 209, GBU–10,12,16; forty-eight (48) MK–82 500lb gram technical support and management public of this proposed sale. bombs; five hundred sixteen (516) FMU–152 A/ oversight will be required. Sincerely, B fuzes; eighteen (18) MAU–169H(D–2)/B Com- There will be no adverse impact on U.S. de- CHARLES W. HOOPER, fense readiness as a result of this proposed puter Control Groups; and three thousand Lieutenant General, USA, Director. two hundred ninety (3,290) Advanced Preci- sale. Enclosures. sion Kill Weapon Systems (APKWS); two (2) TRANSMITTAL NO. 19–75 TRANSMITTAL NO. 19–71 Pratt & Whitney PT6A–68D 1600 SHP engines Notice of Proposed Issuance of Letter of Notice of Proposed Issuance of Letter of (spares); six (6) L–3 WESCAM MX–15D Multi- Offer Pursuant to Section 36(b)(1) of the Offer Pursuant to Section 36(b)(l) of the Spectral Targeting System; six (6) Machine Arms Export Control Act Arms Export Control Act, as amended Gun Caliber .50; Cartridge Actuated Device/ Annex Item No. vii (i) Prospective Purchaser: Government of Propellant Actuated Device (CAD/PAD); (vii) Sensitivity of Technology: Tunisia. High Explosive Warhead;

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.014 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1184 CONGRESSIONAL RECORD — SENATE February 27, 2020 bomb components, repair and return of weap- get. Laser designation for the LGB can be ests above the interests of the United States. ons, weapons training equipment, practice provided by a variety of laser target markers The House Impeachment Managers have bombs, TTU–595 Test Set and spares, fin as- or designators. proven that the President’s abuse of power semblies, rocket motors, training aids/de- 4. Mk–82 General Purpose (GP) bomb is a and congressional obstruction amount to the vices/spare parts, aircraft spare parts, sup- 500 pound, free-fall, unguided, low-drag weap- constitutional standard of ‘‘high Crimes and port equipment, clothing and textiles, publi- on usually equipped with the mechanical Misdemeanors’’ for which the sole remedy is cations and technical documentation, travel M904 (nose) and M905 (tail) fuzes or the conviction and removal from office. expenses, medical services, construction, air- radar-proximity FMU–113 air-burst fuze. The II. STATEMENT OF THE FACTS craft ferry support, technical and logistical Mk–82 is designed for soft, fragment sen- On December 18, 2019, the United States support services, major modifications/class sitive targets and is not intended for hard House of Representatives passed H. Res. 755,1 IV support, personnel training and training targets or penetrations. The explosive filling ‘‘Impeaching Donald John Trump, President equipment, U.S. Government and contractor is usually tritonal, though other composi- of the United States, for high crimes and program support, and other related elements tions have sometimes been used. misdemeanors.’’ H. Res. 755 contains two Ar- of logistics and program support. The esti- 5. BDU–50 (Mk–82 Inert) GP bomb is a 500 ticles of Impeachment. The first Article de- mated value is $325.8 million. pound, free-fall, unguided, low-drag training clares that the President abused his power This proposed sale will support the foreign weapon. There are no explosive elements by soliciting foreign interference to help his policy and national security of the United with this bomb; it does not have a fuze and bid for reelection in the 2020 United States States by helping to improve the defense ca- will not detonate when it hits the ground. It presidential election and conditioning pabilities and capacity of a major non-NATO is used from flight training to give the pilot United States government acts of significant ally, which is an important force for polit- the insight into aircraft handling character- value on the foreign power’s cooperation. ical stability and economic progress in North istics with the additional weight on the The second Article declares that the Presi- Africa. This potential sale will provide addi- wing. dent obstructed Congress by directing the tional opportunities for bilateral engage- 6. The Joint Programmable Fuze (JPF) categorical, indiscriminate defiance of sub- ments and further strengthen the bilateral FMU–152 is a multi-delay, multi-arm and poenas for witness testimony and documents relationship between the United States and proximity sensor compatible with general deemed vital to the House Impeachment in- Tunisia. purpose blast, frag and hardened-target pene- quiry. The proposed sale will improve Tunisia’s trator weapons. The JPF settings are cock- Pursuant to Article I, Section 3 of the ability to meet current and future threats by pit selectable in flight when used with JDAM United States Constitution, the United increasing their capability and capacity to weapons. States Senate convened as a Court of Im- counter-terrorism and other violent extrem- 7. Advanced Precision Kill Weapon System peachment on January 16, 2020, and each ist organization threats. The AT–6 platform (APKWS) II All-Up-Round (AUR) is an air-to- Senator took an oath to ‘‘do impartial jus- will bolster their capability to respond to ground weapon that consists of an APKWS II tice according to the Constitution and and engage threats in multiple areas across Guidance Section (GS), legacy 2.75 inch MK66 laws.’’ 2 Alexander Hamilton spoke about the the country. Additionally, the procurement Mod 4 rocket motor, and legacy MK152 and Senate’s role in an Impeachment trial in of the AT–6 aircraft strengthens interoper- MK435/436 warhead/fuze. APKWS II uses a Federalist Paper No. 65, when he wrote, ability between Tunisia, regional allies, and semi-active laser seeker. The GS is installed ‘‘What other body would be likely to feel the United States. Tunisia will have no dif- between the rocket motor and warhead to confidence enough in its own situation, to pre- ficulty absorbing this aircraft into its armed create a guided rocket. The APKWS II may serve unawed and uninfluenced the necessary forces. be procured as an independent component to impartiality between an individual accused The proposed sale of this equipment and be mated to appropriate 2.75-inch warheads/ and the representatives of the people, his accus- support will not alter the basic military bal- fuzes and rocket motors purchased sepa- ers?’’ 3 ance in the region. rately, or may be purchased as an AUR. The obligation of the Senate is to accord The prime contractor will be Textron Avia- 8. If a technologically advanced adversary the President, as the accused, the right to tion Defense LLC, Wichita, Kansas. There were to obtain knowledge of the specific conduct his defense fairly, while respecting are no known offset agreements proposed hardware and software elements, the infor- the House’s exclusive constitutional preroga- with this potential sale. However, the pur- mation could be used to develop counter- tive to bring Articles of Impeachment. At chaser typically requests offsets. Any offset measures, which might reduce weapon sys- the core of the Senate’s task is the funda- agreement will be defined in negotiations be- tem effectiveness or be used in the develop- mental understanding that our system of tween the purchaser and the contractor. ment of a system with similar or advanced laws recognizes the rights of defendants and Implementation of this proposed sale will capabilities. the responsibilities of the prosecution to require the assignment of two (2) U.S. con- 9. A determination has been made that the prove its case. Such a basic tenet of our law tractor logistics representatives to Tunisia. recipient country can provide substantially and our experience as a free people does not There will be no adverse impact on U.S. de- the same degree of protection for the tech- evaporate in the rarified atmosphere of a fense readiness as a result of this proposed nology being released as the U.S. Govern- Court of Impeachment, simply because the sale. ment. This sale is necessary in furtherance accused is the President and the accuser is TRANSMITTAL NO. 19–71 of the U.S. foreign policy and national secu- the House of Representatives. Notice of Proposed Issuance of Letter of rity objectives outlined in the Policy Jus- III. THE CONSTITUTIONAL GROUNDS FOR Offer Pursuant to Section 36(b)(1) of the tification. IMPEACHMENT Arms Export Control Act 10. All defense articles and services listed ‘‘The Senate shall have the sole Power to Annex Item No. vii in this transmittal have been authorized for try all Impeachments.’’ 4 With these few (vii) Sensitivity of Technology: release and export to the Government of Tu- words, the Framers of the Constitution en- l. The AT–6 Wolverine is a Beechcraft light nisia. trusted the Senate with the most awesome attack, armed reconnaissance and irregular f power within a democratic society: whether warfare and counterinsurgency mission air- to remove an impeached President from of- craft. With a single engine PT6A–68D Pratt & IMPEACHMENT fice. Whitney engine and Lockheed Martin A–1OC Mr. REED. Mr. President, I ask unan- A. High Crimes and Misdemeanors mission computer and plug- and-play weap- imous consent to have my opinion The Constitution states, ‘‘The President, ons management system with Seek Eagle memorandum in the impeachment trial Vice President and all civil Officers of the certification, the AT–6 Wolverine can fire United States, shall be removed from Office laser-guided rockets and deliver general pur- of President Donald John Trump print- on Impeachment for, and Conviction of, pose and inertially-aided munitions. ed in the RECORD. Treason, Bribery, or other high Crimes and 2. GBU–12 is a 5001b Mk–82 General Purpose There being no objection, the mate- Misdemeanors.’’ 5 (GP) bomb body fitted with the MXU–650 rial was ordered to be printed in the ‘‘Treason’’ and ‘‘Bribery’’ are foundational AFG, and MAU–209C/B or MAU–168L/B Com- RECORD, as follows: impeachable offenses. No more heinous ex- puter Control Group (CCG) to guide to its ample of an offense against the constitu- OPINION MEMORANDUM OF UNITED STATES laser designated target. The GBU–12 is a ma- tional order exists than betrayal of the na- SENATOR JOHN F. REED IN THE IMPEACH- neuverable, free-fall Laser Guided Bomb tion to an enemy or betrayal of duty for per- MENT TRIAL OF PRESIDENT DONALD JOHN (LGB) that guides to a spot of laser energy sonal enrichment. A President commits trea- TRUMP reflected off of the target. Laser designation son when he levies war against the United for the LGB can be provided by a variety of I. FINDINGS States or gives comfort or aid to its en- laser target markers or designators. Based on the evidence in the record, the ar- emies.6 As the House Judiciary Committee 3. GBU–58 is a 2501b Mk–81 GP bomb body guments of the House Impeachment Man- explains, a President engages in impeachable fitted with the MXU–1006 AFG, and MAU– agers, and the arguments of the President’s bribery when he ‘‘offers, solicits, or accepts 209C/B or MAU–l68L/B CCG to guide to its Counsel, I conclude as follows: The President something of personal value to influence his laser designated target. The GBU–58 is a ma- has violated his constitutional oath to ‘‘take own official actions.’’ 7 neuverable, free-fall LGB that guides to a care that the laws be faithfully executed’’ In interpreting ‘‘high Crimes and Mis- spot of laser energy reflected from the tar- and placed his personal and political inter- demeanors,’’ we must not only look to the

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.018 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1185 Federalist Papers and the records of the Con- Later commentators expressed similar impeachment to specific offenses against ‘al- stitutional Convention, but also to the con- views. In 1833, Justice Joseph Story quoted ready known and established law.’ ’’ 25 temporary and foundational writings on Im- favorably from the scholarship of William This assertion is clearly wrong. Article I, peachment available to the Framers. Rawle, who concluded that the ‘‘legitimate Section 3 of the United States Constitution Sir William Blackstone, whose influential causes of impeachment . . . can have ref- provides that ‘‘Judgment in Cases of Im- Commentaries on the Laws of England were erence only to public character, and official peachment shall not extend further than to published from 1765–1770, discussed a classi- duty . . . In general, those offenses, which removal from Office, and disqualification to fication of crimes he termed ‘‘public wrongs, may be committed equally by a private per- hold and enjoy any Office of honor, Trust or or crimes and misdemeanors’’ that he de- son, as a public officer, are not the subject of Profit under the United States: but the fined as breaches of the public duty that an 16 impeachment.’’ Party convicted shall nevertheless be liable individual owed to their entire community.8 This line of reasoning is buttressed by the and subject to Indictment, Trial, Judgment Blackstone viewed treason, murder, and rob- careful and thoughtful work of the House of and Punishment, according to Law.’’ 26 As bery as ‘‘public wrongs’’ not only because Representatives during the Watergate pro- Delegate James Wilson wrote, ‘‘impeach- they cause injury to individuals but also be- ceedings. The Democratic staff of the House ments, and offenses and offenders impeach- cause they ‘‘strike at the very being of soci- Judiciary Committee concluded that, ‘‘Be- able ‘‘[do not come] within the sphere of or- ety.’’ 9 cause impeachment of a President is a grave Richard Wooddeson, a legal scholar who dinary jurisprudence. They are founded on step for the nation, it is to be predicated different principles, are governed by dif- began giving lectures on English law in 1777, only upon conduct seriously incompatible defined impeachable offenses as misdeeds ferent maxims, and are directed to different with either the constitutional form and prin- objects: for this reason, the trial and punish- that fail to clearly fall under the jurisdiction ciples of our government or the proper per- of ordinary tribunals. These wrongs were ment of an offense on an impeachment, is no formance of constitutional duties of the bar to a trial and punishment of the same of- ‘‘abuse[s] of high offices of trust’’ that dam- 17 presidential office.’’ 27 10 fence at common law.’’ The independence aged the commonwealth. The deliberations at the Constitutional Much the same as Blackstone and of the Impeachment process from the pros- Convention also demonstrate a conscious Wooddeson, Alexander Hamilton included ecution of crimes underscores the function of movement to narrow the terminology as a the dual components of abuse of public trust Impeachment as a means to remove a Presi- means of raising the threshold for the Im- and national harm in his definition of im- dent from office, not only because of crimi- peachment process to require an offense peachable crimes and misdemeanors. In Fed- nal behavior, but because the President against the State. eralist Paper No. 65, Hamilton defined an im- poses a threat to the constitutional order. Early in the debate on the issue of presi- peachable offense as ‘‘those offenses which Criminal behavior is not irrelevant to an Im- dential Impeachment in July of 1787, it was proceed from the misconduct of public men, peachment, but it only becomes decisive if suggested that Impeachment and removal or in other words from the abuse or violation that behavior imperils the balance of powers could be founded on a showing of ‘‘mal- of some public trust. They are of a nature established in the Constitution. practice,’’ ‘‘neglect of duty,’’ or ‘‘corrup- which may with peculiar propriety be de- tion.’’ 18 By September of 1787, the issue of The assertion that an impeachable offense nominated POLITICAL, as they relate chief- presidential Impeachment had been referred must be predicated on a criminal act goes ly to injuries done immediately to the soci- to the Committee of Eleven, which was cre- against the well-established consensus of the ety itself.’’ 11 ated to resolve the most contentious issues. legal community. For example, the argu- B. The Constitutional Debates The Committee of Eleven considered wheth- ment by President’s Counsel is undercut by Adding impressive support to these con- er the grounds for Impeachment should be the President’s current Attorney General, sistent views of the meaning of the constitu- ‘‘treason or bribery.’’ 19 This was signifi- William Barr. Mr. Barr wrote in a 2018 memo tional term, ‘‘high Crimes and Mis- cantly more restricted than the amorphous to the Department of Justice (DOJ) when he demeanors,’’ is the history of the delibera- standard of ‘‘malpractice,’’ too restricted, in was still in private practice, that the Presi- tions at the Constitutional Convention. fact, for some delegates. George Mason ob- dent ‘‘is answerable for any abuses of discre- The convention delegates considered lim- jected and suggested that ‘‘maladministra- tion and is ultimately subject to the judg- iting Impeachment to treason and bribery. tion’’ be added to ‘‘treason and bribery.’’ 20 ment of Congress through the impeachment However, they concluded that these enumer- This suggestion was opposed by Madison as process [which] means that the president is 28 ated offenses alone could not anticipate being ‘‘equivalent to a tenure during pleas- not the judge in his own cause.’’ As Mr. every manner of profound misconduct that a ure of the Senate.’’ 21 Mason responded by Barr makes clear, Impeachment does not future President might engage in.12 George further refining his suggestion and offered need to be based on a crime. Mason, a delegate from Virginia, declared the term ‘‘other high crimes and mis- Furthermore, the assertion that an im- that ‘‘high crimes and misdemeanors’’ would demeanors against the State.’’ 22 The Mason peachable offense must involve the violation be an apt way to further capture ‘‘great and language was a clear reference to the English of an ‘‘already known or established’’ law, dangerous offences’’ or ‘‘[a]ttempts to sub- legal history of Impeachment. Mason’s pro- even if not criminal, is not supported by the vert the Constitution.’’ 13 posal explicitly narrowed these offenses to constitutional record. In advocating for the This wording would also set the nec- those ‘‘against the State.’’ The Convention inclusion of Impeachment at the Constitu- essarily high threshold for Impeachment itself further clarified the standard by re- tional Convention, James Madison made the that would be proportional to the severe placing ‘‘State’’ with the ‘‘United States.’’ 23 case that the country must be protected punishment of removing an elected official At the conclusion of the substantive delib- against any number of abuses that a Presi- and disqualification from holding future pub- erations on the constitutional standard of dent could engage in and which might cause lic office. Impeachment, it was obvious that only seri- permanent damage to the country. Madison Further insight is provided by James ous offenses against the governmental sys- wrote that: Iredell, a delegate to the North Carolina tem would justify Impeachment and subse- [It was] indispensable that some provision Convention that ratified the Constitution, quent removal from office. However, the should be made for defending the Commu- who later served as a Justice of the United final stylistic touches to the Constitution nity [against] the incapacity, negligence or States Supreme Court. During the Conven- were applied by the Committee of Style. perfidy of the chief Magistrate. The limita- tion debates, Iredell stated: This Committee had no authority to alter The power of impeachment is given by this tion of the period of his service, was not a the meaning of the carefully debated lan- Constitution, to bring great offenders to sufficient security . . . He might pervert his guage, but could only impose a stylistic con- punishment . . . This power is lodged in administration into a scheme of peculation sistency through, among other things, the those who represent the great body of the or oppression. He might betray his trust to elimination of redundancy. In its zeal to 29 people, because the occasion for its exercise foreign powers. streamline the text, the words ‘‘against the will arise from acts of great injury to the Confining Impeachment to criminal or United States’’ were eliminated as unneces- community, and the objects of it may be even codified offenses goes against the main- sary to the meaning of the passage.24 such as cannot be easily reached by an ordi- stream consensus on the meaning of ‘‘high The weight of both authoritative com- nary tribunal.14 Crimes and Misdemeanors’’ and would fail to mentary and the history of the Constitu- Iredell’s understanding sustains the view capture the universe of harms to the con- tional Convention combines to provide con- that an impeachable offense must cause stitutional order in which a President could vincing proof that the Impeachment process ‘‘great injury to the community.’’ Private engage. wrongdoing, without a significant, adverse was reserved for serious breaches of the con- D. Impeachment as a Remedy for Corrupting effect upon the nation, cannot constitute an stitutional order that threaten the country Foreign Influence impeachable offense. James Wilson, a dele- in a direct and immediate manner. gate to the Federal Constitutional Conven- C. An Impeachable Offense is Not Limited to The Founders were also gravely concerned tion and, like Iredell, later a Supreme Court Criminal Liability or A Defined Offense about the dangers of foreign influence cor- Justice, wrote that Impeachments are ‘‘pro- In the case before us, the President’s Coun- rupting our elections and interfering with ceedings of a political nature . . . confined to sel wholly reject a longstanding under- the rule of law.30 The United States was then political characters, to political crimes and standing of Impeachment, by arguing that a fledging union that had just gained inde- misdemeanors, and to political punish- abuse of power is not an impeachable offense pendence from Britain, with help from the ments.’’ 15 and by positing that ‘‘the Framers restricted French during the American Revolution. As

VerDate Sep 11 2014 04:10 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.111 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1186 CONGRESSIONAL RECORD — SENATE February 27, 2020 such, the Founders rightly feared that for- tional order, I believe that I am now required mising U.S. national security. As I will fur- eign governments might try to exploit Amer- to offer further analysis on which standard ther explain, the conduct described in Arti- ican politics in order to further their own in- of proof to apply. cle I amounts to an abuse of power and shows terests. During the Constitutional Conven- While the House Impeachment Managers in that President Trump remains an ongoing tion, Elbridge Gerry, a delegate from Massa- the current trial did not provide a single threat to the national interest if allowed to chusetts, warned that ‘‘[f]oreign powers will standard of proof required for conviction and remain in office. intermeddle in our affairs, and spare no removal, it was clear that the bar they set A. Abuse of Power Is an Impeachable Offense expence to influence them.’’ 31 was quite high, which is appropriate. How- A cardinal American principle that The Founders were also acutely aware of ever, what exact constitutional standard emerged during the drafting of the Constitu- the potential for public officials to betray should be used remains debatable. Practical tion is that no one is above the law. As dis- their office to a foreign power, if the tempta- concerns related to utilizing the Impeach- cussed in the previous section, this principle tion were strong enough. Hamilton conceded ment power should be considered when deter- was a chief subject of debate at the Constitu- in Federalist Paper No. 22 that ‘‘[o]ne of the mining the standard of proof required. Too tional Convention. The Framers understood weak sides of republics, among their numer- low of a standard may lead to removal, even that power corrupts and they would need to ous advantages, is that they afford too easy if significant doubts exist. A ‘‘. . . high build guardrails to protect the public good an inlet to foreign corruption.’’ 32 In Hamil- ‘criminal’ standard of proof could mean, in from a would-be authoritarian. The Framers ton’s view, when ordinary men are elevated practice, that a man could remain president were reacting to the overreach of King by their fellow citizens to high office, they whom every member of the Senate believed George III. ‘‘may find compensations for betraying their to be guilty of corruption, just because his Yet, the President’s Counsel argue that trust, which to any but minds animated and guilt was not shown ‘beyond a reasonable Impeachment is not an appropriate remedy guided by superior virtue, may appear to ex- doubt.’ ’’ 42 for abuse of power, arguing that the Framers ceed the proportion of interest they have in When uncertain about the standard of were not concerned about violations of the the common stock, and to over-balance the proof to apply, it is worth reviewing the public trust. The President’s Counsel instead obligations of duty. Hence it is that history writings of eminent scholars. In doing so, I argue that the Framers were primarily con- furnishes us with so many mortifying exam- have found a closer approximation to what cerned about an Executive that would be be- ples of the prevalency of foreign corruption the standard should be in many Impeach- holden to a heavy-handed legislature. In- in republican governments.’’ 33 ment trials as compared to those used in deed, during the debates at the Constitu- E. Conclusion general legal practice: ‘‘ ‘[o]verwhelming pre- tional Convention, this fear was raised by Authoritative commentary on, together ponderance of the evidence’ . . .’’ 43 Yet, I be- opponents of Impeachment. Rufus King, a with the structure of, the Constitution lieve that the severity of removing a Presi- delegate from Massachusetts, said ‘‘[im- makes it clear that the term, ‘‘other high dent of the United States warrants an even peachment by Congress] would be destruc- Crimes and Misdemeanors,’’ encompasses higher bar. As such, a definition slightly tive of his independence and of the principles conduct that involves the President in the modified, but modeled on that proposed of the Constitution. He relied on the vigor of impermissible exercise of the powers of his standard, is more applicable: overwhelm- the Executive as a great security for the 44 office to upset the constitutional order. ingly clear and convincing evidence. public liberties.’’ Clearly, King’s argu- Moreover, since the essence of Impeachment This standard more closely comports with ments did not carry the day. In drafting the Constitution, the Framers is removal from office, rather than punish- historical analysis of the Founders’ desire to had carefully calibrated the powers between ment for offenses, there is a strong inference separate criminal law and Impeachment, and Congress and the Executive. Ultimately, that the improper conduct must represent a the arguments made by scholars, while re- they decided that they could not leave the continuing threat to the American people flecting the serious constitutional harms al- nation without any recourse against a Presi- and the Constitution. It must be an episode leged in the Articles of Impeachment before dent who would be in a unique and potent po- that either cannot be dealt with in the the Senate. Further, after review of sub- sition to engage in any number of abusive Courts or that raises generalized concerns stantive differences between the Articles of acts. Without a mechanism to keep an out- about the continued service of the President, Impeachment that allege President Trump’s of-control President in check, there was lit- as is the case presented here. dire and ongoing threat to our constitutional order and the Articles of Impeachment lev- tle binding him to the law. Hamilton under- IV. STANDARD OF PROOF ied against President Clinton—which could scored the importance of the Impeachment In an Impeachment trial, each Senator has be more readily applied by analogy to crimi- process for holding the President liable by the obligation to establish the burden of nal law—a different standard is clearly war- drawing a contrast with the British mon- 34 proof he or she deems proper. The Founding ranted. In a future case, if Articles of Im- archy, for whom ‘‘there is no constitutional Fathers believed maximum discretion was peachment contain a set of facts or allega- tribunal to which he is amenable.’’ 45 critical for Senators confronting the gravest tions not contemplated in either the Clinton George Mason, a delegate from Virginia, 35 of constitutional choices. Differentiating Impeachment trial or in this case, I will underscores abuse of power as one of the key Impeachment from criminal trials, Alex- likely have to revisit this analysis. reasons for the need for presidential Im- ander Hamilton argued, in Federalist Paper The Articles, embodied in H. Res. 755, ac- peachment, asking ‘‘Shall any man be above No. 65, that Impeachments ‘‘can never be cuse the President of abuse of power and ob- Justice? Above all shall that man be above tied down by such strict rules . . . as in com- struction of Congress. After reading the ma- it, who can commit the most extensive injus- 46 mon cases serve to limit the discretion of terials and hearing the arguments presented tice?’’ Edmund Randolph, another delegate 36 courts in favor of personal security.’’ In at trial, I conclude that the evidence pre- from Virginia, concurred, noting that ‘‘[t]he this regard, Hamilton further distinguished sented at trial was more than compelling. In- Executive will have great opportunitys of Impeachment proceedings from a criminal deed, it was overwhelmingly clear and con- abusing his power[,]’’ and in such instances trial by stressing that an impeached official vincing. Having concluded that the charges ‘‘[g]uilt wherever found ought to be pun- 47 would be subject to the established rules of of abuse of power and obstruction of Con- ished.’’ 37 The Framers debate on these matters was criminal prosecution after Impeachment. gress rise to the level of ‘‘high Crimes and During the Clinton Impeachment trial, I prescient, as public officials have, in fact, Misdemeanors,’’ an analysis of the specific believed, as I do now, that the House Im- been found to have committed impeachable charges is necessary. peachment Managers bear the burden of offenses including abuse of power. Most well- proving their case.38 In that trial, the House V. ARTICLE I: ABUSE OF POWER known, President Nixon resigned after the Impeachment Managers asserted that the Article I of House Resolution 755 provides House Judiciary Committee (hereinafter Senators should reach a conclusion utilizing that, in the conduct of his office, the Presi- known as ‘‘Judiciary Committee’’) found he a beyond a reasonable doubt standard before dent abused his presidential powers, in viola- had abused his powers on multiple occa- voting to convict the President. The House tion of his constitutional duty to take care sions.48 Three district judges were also im- Impeachment Managers, explicitly stated, that the laws be faithfully executed, through peached during the 20th century for abusing ‘‘none of us, would argue . . . that the Presi- a scheme, or course of conduct, to solicit in- their power. In impeaching these judges, the dent should be removed from office unless terference of a foreign government, Ukraine, House used ‘‘abuse of power’’ to describe mis- you conclude he committed the crimes that in the 2020 U.S. presidential election for per- conduct ranging from the unlawful use of he is alleged to have committed.’’ 39 I chose sonal political gain. The scheme included contempt of court, to the ordering of a jury that standard of proof during that trial.40 As President Trump soliciting the Government to find a defendant guilty, to the improper I stated then, ‘‘[h]ad the charges of th[at] of Ukraine to publicly announce investiga- appointing of an associate to an official posi- case involved threats to our constitutional tions that would influence the 2020 U.S. pres- tion.49 order not readily characterized by criminal idential election to his advantage and the In stark contrast to the positions of the charges, I would have been forced to further disadvantage of a potential political oppo- Framers, the President’s Counsel argue that parse an exact standard. However, for all nent in that election. Article I provides fur- a President who does something to benefit practical purposes, the Managers have them- ther that President Trump, for corrupt pur- himself in a reelection, if he thinks it is in selves established the burden of proof in [the poses, used the powers of the Office in a man- the nation’s interest, has not committed an Clinton Impeachment] case.’’ 41 ner that injured the vital national interests impeachable offense. This is not a credible As the charges in this case against Presi- of the United States by harming the integ- argument because under this view, the Presi- dent Trump cut to the core of our constitu- rity of the democratic process and compro- dent would have free reign to solicit foreign

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.113 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1187 interference, unlawfully withhold security The scheme directed by the President com- forts to further the scheme. The President assistance, use his powers to target his polit- prised two separate efforts—both aimed to needed to undercut Vice President Biden as a ical opponents and engage in a whole host of damage his political rivals and benefit his candidate to enhance his chances of reelec- corrupt conduct that might help him get re- reelection prospects. The first effort was to tion.65 elected. This rings all too familiar of Presi- get the Ukrainian government to announce Successfully pressuring the Ukrainian gov- dent Nixon when he said ‘‘Well, when the an investigation into baseless accusations ernment to announce investigations into the president does it that means that it is not ille- propagated by a Russian disinformation 2016 campaign and Biden/Burisma theories gal.’’ 50 campaign,57 that Ukraine interfered in the was likely to garner the President several A.1. Definition of Abuse of Power 2016 election to benefit President Trump’s political benefits including help with his re- political rival, Hillary Clinton (hereinafter election efforts. As the House Impeachment Black’s Law Dictionary defines ‘‘abuse of referred to as the ‘‘2016 campaign theory’’). Managers state in their trial memo: power’’ as including ‘‘The misuse or im- The 2016 campaign theory comprised numer- Although these theories were groundless, proper exercise of one’s authority; esp., the ous unfounded allegations including that President Trump sought a public announce- exercise of a statutorily or otherwise duly Ukraine colluded with the Democrats to in- ment by Ukraine of investigations into them conferred authority in a way that is tortious, fluence the 2016 election and that the cyber- [2016/the Bidens] in order to help his 2020 re- unlawful or outside its proper scope.’’ 51 security company Crowdstrike, falsely al- election campaign. An announcement of a In its Impeachment inquiry of President leged to be owned by a Ukrainian oligarch, Ukrainian investigation into one of his key Richard Nixon, the Judiciary Committee investigated the hack of the Democratic Na- political rivals would be enormously valu- found the President repeatedly abused his tional Committee (DNC) computer infra- able to President Trump in his efforts to win power while in office.52 Among its findings, structure, and covered up evidence of reelection in 2020—just as the FBI’s inves- the Judiciary Committee determined that Ukrainian culpability in the cyber-attack by tigation into Hillary Clinton’s emails had President Nixon unlawfully directed or au- hiding the servers from the FBI inside helped him in 2016. And an investigation sug- thorized federal agencies, including the In- Ukraine.58 gesting that President Trump did not benefit ternal Revenue Service and the Federal Bu- President Trump’s fixation on the 2016 from Russian interference in the 2016 elec- reau of Investigation, to investigate and sur- campaign theory appears to have been in- tion would give him a basis to assert—false- veil American citizens, and used the result- tended to change public perceptions of Presi- ly—that he was the victim, rather than the ing information for his own political pur- dent Trump’s connection to Russia, in the beneficiary, of foreign meddling in the last poses.53 The Judiciary Committee further wake of the Intelligence Community assess- election. Ukraine’s announcement of that in- found that Nixon then interfered with inves- ment that Russia interfered in the 2016 elec- vestigation would bolster the perceived le- tigations into these and other actions to tion to support then candidate Trump,59 and gitimacy of his Presidency and, therefore, conceal his misconduct, and stressed that the Special Counsel’s mandate including to his political standing going into the 2020 Nixon’s actions in all of these instances review ‘‘any links or coordination between race.66 ‘‘served no valid national policy objec- the Russian government and individuals as- President Trump needed to obfuscate what tive.’’ 54 sociated with the Trump campaign.’’ 60 The was known and proven about Russian in- The Judiciary Committee concluded that Special Counsel noted ‘‘several [of President volvement on his behalf in the 2016 election the ‘‘conduct of Richard M. Nixon has con- Trump’s] advisors recalled that the Presi- to bolster the credibility of claims of stituted a repeated and continuing abuse of dent . . . viewed stories about his Russian Ukrainian Government involvement in the the powers of the presidency in disregard of connections, the Russian investigations and 2016 election and corruption allegations the fundamental principle of the rule of law the Intelligence Community assessment of against Vice President Biden ahead of the in our system of government. This abuse of Russian interference as a threat to the legit- 2020 election. By soliciting investigations the powers of the President was carried out imacy of his electoral victory.’’ 61 Further, in into the 2016 campaign and Biden/Burisma by Richard M. Nixon, acting personally and the spring of 2019, the Special Counsel af- theories, he sought to accomplish both of through his subordinates, for his own polit- firmed the assessments of the Intelligence those goals. ical advantage, not for any legitimate gov- Community and concluded that while there Throughout this scheme, which began in ernmental purpose and without due consider- was no direct conspiracy or coordination be- late 2018, President Trump employed Mr. 67 ation for the national good.’’ 55 tween the Kremlin and the Trump campaign, Giuliani as his principal agent, and enlisted In the current Impeachment of President ‘‘. . . the Russian government perceived it several U.S. government officials to assist Trump, the Judiciary Committee has defined would benefit from a Trump presidency and with efforts to compel Ukrainian officials to launch investigations into these baseless abuse of power as occurring ‘‘when a Presi- worked to secure that outcome, and that the theories. dent exercises the powers of his office to ob- campaign expected it would benefit tain an improper personal benefit while in- Mr. Giuliani involved associates in this electorally from information stolen and re- scheme, including Lev Parnas and Igor juring and ignoring the national interest.’’ 56 leased through Russian efforts . . .’’ 62 In di- From these sources, I have concluded that Fruman, both of whom have been indicted in recting this effort of the scheme, the Presi- the Southern District of New York for con- an abuse of power by a sitting President has dent was attempting to rewrite history by the following three elements: spiracy to violate election laws.68 Mr. Parnas having a foreign power make statements to and Mr. Fruman leveraged their Ukrainian 1) The use of official governmental power; validate his allegations that it was Ukraine 2) For personal or some other corrupt pur- connections to facilitate contacts between colluding with the Democrats rather than pose; Mr. Giuliani and then Ukrainian Prosecutor Russia interfering to benefit then candidate 3) Without due consideration for the na- General Yuriy Lutsenko and his predecessor Trump and exonerate himself of any wrong- tional interest. Victor Shokin to advance the scheme. Both President Trump’s conduct in soliciting doing or ties to Russia. Mr. Lutsenko69 and Mr. Shokin70 were re- In addition, the 2016 campaign theory foreign interference in the 2020 presidential moved from their positions under a cloud of sought to implicate the President’s political election meets each of these elements of the corruption. rival in 2016, former Secretary of State Hil- charge of abuse of power. Moreover, the de- The corrupt Ukrainian Prosecutors Gen- lary Clinton. As Deputy Assistant Secretary fenses put forth by the President’s Counsel eral Lutsenko and Shokin were among Mr. George Kent testified, the President ‘‘wanted are substantively deficient when viewed in Giuliani’s sources for the unfounded allega- nothing less than President [Zelensky] to go the context of the corrupt scheme conducted tions in support of the 2016 campaign and to [a] microphone and say investigations, by President Trump through his personal at- Biden/Burisma theories. During a January Biden, and Clinton.’’ He confirmed that 71 torney, Rudy Giuliani, starting in late 2018. 2019 call via Skype, Mr. Shokin asserted he ‘‘shorthand’’ for Clinton ‘‘was 2016.’’ 63 had overseen the investigation into B. The Corrupt Scheme The scheme also comprised a second effort Burisma.72 Mr. Shokin alleged that Vice President Trump engaged in a corrupt to get the Ukrainian government to an- President Biden forced his resignation to scheme to solicit foreign interference in the nounce an investigation into unfounded cor- stop further investigation into Burisma and 2020 presidential election to tarnish his polit- ruption allegations against former Vice cover up wrongdoing.73 He made additional ical rivals and bolster public perceptions of President Joe Biden and his son Hunter allegations including that he had wanted to the legitimacy of his 2016 electoral victory. Biden (hereinafter referred to as ‘‘Biden/ come to the United States to share informa- The corrupt scheme served to benefit the Burisma theory’’). The allegations associ- tion regarding corruption at the Embassy, President in a personal, political manner, ated with this theory surround Vice Presi- and that U.S. Ambassador to Ukraine Marie and was contrary to the national interest. dent Biden’s successful pressuring of Ukrain- Yovanovitch denied him a U.S. visa because President Trump repeatedly misused the ian President Poroshenko to remove Ukrain- she was close to Vice President Biden.74 Mr. powers of the presidency to increase pressure ian Prosecutor General Victor Shokin in Shokin later provided an affidavit espousing on Ukraine to further the corrupt scheme, 2016, who purportedly was investigating a allegations against Vice President Biden, including withholding a White House meet- Ukrainian energy company, Burisma, on which explicitly stated that his sworn state- ing and U.S. military assistance that the whose board Hunter Biden served.64 Vice ment was made at the behest of a pro-Putin Ukrainians desperately need to counter Rus- President Biden is a potential presidential Ukrainian oligarch.75 sia. This scheme continued even after a whis- challenger to President Trump in the 2020 Also, in January 2019, Mr. Giuliani met in tleblower exposed the President’s efforts and Presidential election and was viewed as a New York with Yuriy Lutsenko, who was even following the launch of the Impeach- frontrunner during the spring and summer of then the Ukrainian Prosecutor General. Dur- ment inquiry by the House. 2019 when President Trump directed such ef- ing these initial conversations with Mr.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.114 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1188 CONGRESSIONAL RECORD — SENATE February 27, 2020 Giuliani, Mr. Lutsenko made multiple alle- deed weigh in with the President of Ukraine dling in an investigation,’’ 103 and that Presi- gations that Ukrainian government officials to have Shokin fired but the motivations for dent Trump was aware of his activities.104 interfered in the 2016 election to help Demo- that are entirely different from those con- In trying to arrange a meeting with Presi- cratic candidate Hillary Clinton. He also tained in that allegation.’’ 94 Vice President dent Zelensky, Mr. Giuliani was acting in a made allegations about corrupt practices at Biden, acting as the point person for Ukraine private capacity, not as a public official or Burisma and raised the possibility that there policy in the Obama Administration, was to advance official U.S. policy. On May 10, could have been improper payments to Hun- representing the interests of the United 2019, Mr. Giuliani wrote to then President- ter Biden. In addition, Mr. Lutsenko made States and the international community,95 Elect Zelensky, to request a meeting in his false allegations against U.S. Ambassador to promoting increased transparency, corrup- capacity as ‘‘personal counsel to President Ukraine Marie Yovanovitch.’’ 76 tion reform, and the rule of law.96 Vice Presi- Trump and with his knowledge and con- Using these unfounded allegations, Mr. dent Biden’s public statements from the sent.’’ 105 Mr. Giuliani made clear in the let- Giuliani launched a disinformation cam- time reflect such efforts, focusing on com- ter he was representing Donald Trump as a paign on traditional and social media. In the batting corruption and institutional reform private citizen, not as President of the spring of 2019, Mr. Giuliani and his associates rather than specific companies, such as United States. While the letter did not state worked with columnist John Solomon, who Burisma.97 the purpose of the requested meeting, Mr. wrote a series of articles in The Hill, ampli- The President’s Counsel made misleading Giuliani stated publicly on the same day fying the false allegations of Mr. Lutsenko assertions that U.S. Government officials that he intended to tell President Zelensky and Mr. Shokin.77 Through these columns warned the Vice President of the appearance to pursue investigations into the 2016 cam- and a related interview, Mr. Lutsenko an- of wrongdoing in an attempt to convince him paign and Biden/Burisma theories.106 Then on nounced he was opening investigations into to take corrective action. One person they May 11th, Mr. Giuliani abruptly cancelled aspects of both the 2016 campaign and Biden/ cited was Amos Hochstein, a diplomat who his trip to Ukraine, declaring that President- 78 79 Burisma theories. The President, his son served in the Obama Administration.98 Mr. Elect Zelensky had surrounded himself with Donald Trump Jr.,80 and Mr. Giuliani 81 am- Hochstein did raise the matter with the Vice ‘‘enemies of the President’’ (referring to 107 plified the false allegations by retweeting President but did not recommend that Hun- President Trump). 82 President Trump intertwined Mr. the articles. President Trump and Mr. ter Biden resign from the board of Burisma.99 Giuliani 83 also repeated the false allegations By mid-May 2019, Mr. Lutsenko publicly Giuliani’s private mission and the activities contained in The Hill articles during press recanted previous allegations he made to Mr. of public officials when he directed U.S. offi- interviews. Giuliani, including admitting that he had no cials to aid his personal attorney in advanc- ing this scheme. At a May 23rd meeting in In furtherance of the corrupt scheme, evidence of wrongdoing by Vice President the Oval Office, President Trump was briefed President Trump directed the removal of Biden or Hunter Biden.100 Ambassador by Ambassador Paul Volker, Ambassador Ambassador Yovanovitch. As laid out in the Volker explained Mr. Lutsenko’s motiva- Gordon Sondland, and Secretary of Energy Statement of Material Facts by the House tions for making these baseless accusations, Rick Perry, who would subsequently describe Impeachment Managers, ‘‘the removal of ‘‘My opinion of Prosecutor General Lutsenko themselves as the ‘‘Three Amigos,’’ (herein- Ambassador Yovanovitch was the culmina- was that he was acting in a self-serving man- after referred to as the ‘‘Three Amigos’’) on tion of a months-long smear campaign waged ner, frankly making things up, in order to their recent trip to attend the inauguration by the President’s personal lawyer, Rudy appear important to the United States, be- of President Zelensky.108 Witness testimony Giuliani, and other allies of the President. cause he wanted to save his job.’’ 101 indicates that despite their positive assess- The President also helped amplify the smear At no point during the trial did the Presi- 84 ments about President Zelensky, President campaign.’’ Ambassador Yovanovitch testi- dent’s Counsel dispute the facts surrounding Trump was unconvinced, and replied that the fied she was told her removal from post was the scheme. The record is clear that the 85 Ukrainians tried to ‘‘take me down’’ in 2016, not for cause. Mr. Giuliani later admitted President directed the corrupt scheme to so- referring to the debunked 2016 campaign the- he ‘‘believed that [he] needed Ambassador licit investigations into the 2016 campaign ory.109 The President resisted the rec- Yovanovitch out of the way’’ because ‘‘[s]he and Biden/Burisma theories for his personal ommendation of the Three Amigos to invite was going to make the investigations dif- political gain. ficult for everybody.’’ 86 Documents obtained President Zelensky to the White House, and by the House Permanent Select Committee C. President Trump’s Misuse of his Office to Ad- instead repeatedly directed these three offi- on Intelligence further confirm that the Am- vance the Corrupt Scheme cials to ‘‘talk to Rudy.’’ 110 Ambassador bassador’s firing was part of the effort to fur- President Trump used the powers of his of- Sondland testified that he understood this to ther the corrupt scheme. A text message fice to advance the corrupt scheme through refer to Mr. Giuliani and that ‘‘if we did not from Ukrainian Prosecutor General multiple efforts, violating the public trust talk to Rudy, nothing would move forward Lutsenko warned Giuliani associate Lev and placing his own personal political inter- on Ukraine.’’ 111 Ambassador Sondland fur- Parnas that if they didn’t fire Ambassador ests above the interests of the nation. In ther explained that they chose to follow the Yovanovitch, ‘‘you are bringing into ques- doing so, the President abused the power of President’s direction to communicate with tion all my allegations including about his office. Mr. Giuliani, not because they liked it, but ‘‘B.’’ 87 Mr. Parnas confirmed in a press inter- C.1. President Trump Solicited Ukrainian Presi- because ‘‘it was the only constructive path view that the ‘‘B’’ referred to Hunter Biden.88 dent Zelensky to Open Investigations into open to us.’’ 112 As previously discussed, both the 2016 cam- the 2016 Campaign and Biden/Burisma The Three Amigos frequently operated out- paign and Biden/Burisma theories are un- Theories side regular diplomatic channels between the United States and Ukraine, but their activi- founded. The 2016 campaign theory is an ac- President Trump abused the powers of his 89 ties were not a secret to the President’s na- tive Russian disinformation campaign. On office in order to advance the corrupt tional security officials. Ambassador Bill December 9, 2019, FBI Director Christopher scheme by attempting to leverage the Taylor, Charge d’affaires at the U.S. Em- Wray stated, ‘‘We have no information that Ukrainian desire for an Oval Office meeting bassy in Kyiv, described in his testimony indicates that Ukraine interfered with the and U.S. security assistance as a quid pro 90 how, while he operated in the regular chan- 2016 presidential election.’’ quo for Ukrainian investigations into his po- Further, the President’s own national se- nel of U.S. policymaking regarding Ukraine, litical opponents that would benefit his re- curity officials have rejected the claim that beginning on May 23rd there emerged ‘‘an ir- election in 2020. Starting in May 2019, Presi- the Ukrainian government systematically regular, informal channel,’’ consisting of dent Trump directed a sustained campaign interfered in the 2016 election, including re- Special Envoy Volker, Ambassador to solicit newly-elected Ukrainian President futing the theory that Ukraine was behind Sondland, Secretary Perry, and Mr. Zelensky to undertake investigations into the hack of the DNC servers.91 Trump Home- Giuliani.113 As Ambassador Sondland testi- the 2016 campaign and Biden/Burisma theo- land Security adviser Tom Bossert stressed, fied, ‘‘everyone was in the loop,’’ 114 further ries. ‘‘[t]he DNC server and that conspiracy the- clarifying that President Trump, Secretary ory has got to go, they have to stop with C.1.a. President Trump conditioned an Oval Of- Pompeo, Mr. Giuliani, and Acting Chief of that, it cannot continue to be repeated . . . fice meeting on investigations into the 2016 Staff Mick Mulvaney were kept informed of in our discourse.’’ 92 campaign and Biden/Burisma theories the activities undertaken by the Three Ami- With regards to the Biden/Burisma theory, President Trump’s misuse of his official gos. Fiona Hill, National Security Council no proof of any wrongdoing has been made to powers, with regard to this matter, began Director for European and Russian Affairs, support this claim.93 No evidence has been shortly after Volodymyr Zelensky won the concluded that Ambassador Sondland was presented showing Vice President Biden spe- Ukrainian presidential election on April 21, correct that he was keeping the relevant of- cifically discussed Burisma with then Presi- 2019. In early May, Mr. Giuliani announced ficials informed of his activities because he dent Poroshenko in relation to the removal that he planned to travel to Ukraine to meet was ‘‘involved in a domestic political er- of the corrupt Prosecutor General. Further- with President-elect Zelensky ‘‘to urge him rand’’ while she and other government offi- more, U.S. diplomats, such as Former Spe- to pursue inquiries’’ into ‘‘the origin of the cials were conducting U.S. national security cial Envoy to Ukraine Ambassador Kurt Special Counsel’s investigation into Russia’s foreign policy, and ‘‘those two things had Volker defended Vice President Biden’s ac- interference in the 2016 election’’ and Hunter just diverged.’’ 115 tions. In his closed interview with the House Biden’s ‘‘involvement’’ in Burisma.102 Mr. The purpose of these two channels diverged Committees, Volker stated, ‘‘There is clear Giuliani admitted that he was not con- as well: while the career diplomats were en- evidence that Vice President Biden did in- ducting ‘‘foreign policy’’ but rather ‘‘med- gaged in promoting U.S. national security

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.116 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1189 interests in supporting Ukraine in its fight lion in Department of Defense Ukraine Secu- specified circumstances, and included a re- against Russian aggression, the irregular rity Assistance Initiative (USAI) funding and quirement to inform Congress. At no point channel was engaged in pursuing a quid pro $141 million in State Department Foreign did the Trump Administration either assert quo to secure Ukrainian investigations into Military Financing (FMF). At an inter- that it was impounding the Ukraine security the 2016 campaign and the Biden/Burisma agency meeting on July 18, 2019, a week be- assistance or inform Congress of any deferral theories for the benefit of the President’s fore the Trump-Zelensky phone call, OMB of- or rescission of funds. In reviewing the 2020 reelection. At the direction of the Presi- ficials instructed relevant U.S. government OMB’s withholding of funds appropriated to dent, as conveyed through Mr. Giuliani and departments and agencies to withhold obli- the Department of Defense for Ukraine secu- Acting White House Chief of Staff Mick gation of the Ukraine security assistance at rity assistance, the Government Account- Mulvaney, the Three Amigos pursued a quid the direction of the President.128 According ability Office concluded that OMB violated pro quo—the offer of a politically valuable to multiple witnesses, OMB did not provide a the ICA.137 Oval Office meeting with President Trump in reason for the President’s hold on the C.1.c. President Trump conditioned a White exchange for President Zelensky announcing Ukraine aid.129 OMB maintained this hold on House meeting and Ukrainian security assist- the desired investigations. Ambassador Ukraine security assistance through Sep- ance on investigations Sondland testified ‘‘Mr. Giuliani’s requests tember 11th, when OMB lifted the hold, again The House Impeachment Managers’ record were a quid pro quo for arranging a White without providing a rationale for the change demonstrates overwhelmingly that President 130 House visit for President Zelensky.’’ 116 of course. Trump conditioned both a White House The President’s Counsel claim that the The evidence shows that by early July, the meeting and nearly $400 million in U.S. secu- President’s hold on security assistance was message was conveyed to Ukrainian officials rity assistance for Ukraine on a commitment because of a policy difference, but that claim that investigations were a prerequisite for by President Zelensky to conduct investiga- is not supported by the evidence. The man- their desired White House meeting. Ambas- tions for the personal political benefit of ner in which the White House placed the hold sador Volker testified that when the Oval Of- Donald Trump. The President’s scheme to se- on security assistance for Ukraine differed fice meeting was not scheduled by late June, cure corrupt investigations to benefit his re- significantly from the process in which holds he ‘‘came to believe that the President’s election efforts converged with his official of assistance to other countries based on pol- long-held negative view toward Ukraine was duties during a July 25, 2019, phone call with icy considerations had previously occurred. causing hesitation in actually scheduling the President Zelensky. The President’s actions As the House Impeachment Managers stated, meeting.’’ 117 At a bilateral meeting in To- during that phone call, understood in the ‘‘What the President did is not the same as ronto in early July, Ambassador Volker tes- context of the broader corrupt scheme, are routine withholding of foreign aid to ensure tified that he told alerted President compelling evidence that the President solic- that it aligns with the President’s policy pri- Zelensky that he couldn’t get a date sched- ited foreign interference in U.S. elections. uled for the White House meeting. Ambas- orities or to adjust with geopolitical devel- The President’s own words during the July 131 sador Volker relayed to President Zelensky, opments.’’ The President began asking 25th call, as summarized in a memorandum ‘‘I think we have a problem here, and that about the hold based on the announcement of telephone conversation released by the of the release of funds, after the Department problem being the negative feed of informa- White House, demonstrate the President’s of Defense had certified that the Ukrainian tion from Mr. Giuliani.’’ 118 Ambassador demand for a quid pro quo.138 Far from show- government made progress on corruption re- Volker further testified that during the To- ing the ‘‘perfect call’’ that President Trump form, showing that the hold was not placed ronto meeting, he specifically mentioned in- claims,139 the memorandum of the telephone due to policy considerations. Further, no vestigations into ‘‘2016’’ election and conversation makes clear that the President geopolitical circumstances had changed in ‘‘Burisma’’ with President Zelensky.119 Soon solicited politically-motivated investiga- that timeframe to warrant the placing of a after this warning, President Zelensky’s tions from President Zelensky in exchange hold on security assistance funds to Ukraine. for a White House meeting and U.S. military close aide Andriy Yermak asked to be con- In addition, despite substantial evidence 120 aid. When the Ukrainian President indicated nected with Mr. Giuliani. that U.S. government officials were deeply The President’s conditions for securing a he would be seeking additional U.S. military concerned about conflicts with the Impound- White House meeting were communicated an arms that Ukraine desperately needed for its ment Control Act (ICA), there was no notifi- additional time, during a July 10, 2019, bilat- conflict with Russia, President Trump re- cation of the delay to Congress as required eral meeting led by then National Security sponded by requesting that President by this law, belying the idea that the Presi- Adviser John Bolton and then Ukrainian Na- Zelensky do him ‘‘a favor though.’’ 140 The dent harbored legitimate concerns about pol- tional Security Adviser Oleksandr memorandum of the telephone conversation icy.132 Congress has an established bipartisan Danylyuk. During the meeting, the Ukrain- makes clear that the favor President Trump record of robust support for Ukraine. Since ian delegation raised their desire to have a sought as a condition for future military aid 2014, the United States has provided more White House meeting.121 NSC official Hill was the two investigations into the 2016 cam- than $3.5 billion in foreign assistance to testified that Ambassador Sondland, who paign and the Biden/Burisma theories. Presi- Ukraine: $1.96 billion in military and other was in attendance at the meeting, responded dent Trump went on to espouse many of the security assistance and $1.6 billion in polit- to the Ukrainian request by stating, ‘‘We allegations associated with the debunked ical aid to Ukraine, all illustrating a policy have an agreement that there will be a meet- 2016 campaign theory, including that support to Ukraine furthers U.S. na- ing, if specific investigations are put under ‘‘Crowdstrike,’’ and ‘‘one of your wealthy tional security interests.133 Interagency con- way.’’ 122 NSC official Lt. Col. Vindman testi- people,’’ falsely insinuating that a Ukrainian versations while the hold was in place re- fied that during that afternoon’s meetings oligarch owned the cybersecurity firm that flected concerns that withholding the funds 141 with the Ukrainian delegation, Ambassador investigated the DNC hack. He then al- would in fact violate the ICA,134 yet there Sondland ‘‘emphasized the importance of leged that Ukraine has the server and added, were no plans to notify Congress or rescind Ukraine delivering the investigations into ‘‘. . . They say a lot of it started in Ukraine. the funds as required by under the ICA. Fur- 2016 elections, the Bidens and Burisma.’’ 123 Whatever you can do, it’s very important ther, when OMB official Mike Duffey di- 142 Later, Ambassador Sondland told Dr. Hill that you do it. . .’’ Later in the phone rected Acting DOD Comptroller Elaine that there was agreement with Mr. call, President Trump mentioned ‘‘the other McCusker to formally hold the assistance for Mulvaney that there would be a White House thing’’ he wanted investigated, declaring Ukraine, he added, ‘‘Given the sensitive na- meeting with President Zelensky ‘‘in return that there was ‘‘a lot of talk about’’ Vice ture of the request, I appreciate your keep- President ‘‘Biden’s son,’’ and that Vice for investigations.’’ 124 According to Dr. Hill, ing that information closely held to those President ‘‘Biden stopped the prosecu- Ambassador Bolton was so alarmed that he who need to know to execute the direc- tion.’’ 143 President Trump told President told her to inform the lawyers about what tion.’’ 135 The secrecy maintained by Admin- Zelensky, ‘‘A lot of people want to find out happened in the meeting, adding that he was istration officials regarding the hold on this about that, so whatever you can do with the not be part of ‘‘whatever drug deal that security assistance differs significantly from Attorney General would be great.’’ 144 In ad- Mulvaney and Sondland are cooking up.’’ 125 past practice and supports the inference that dition, it must be noted President Trump C.1.b. President Trump withheld military they were aware that the hold was contrary specifically urged President Zelensky to call assistance to U.S. policy and that they had no legiti- Mr. Giuliani, as well as Attorney General President Trump also used the powers of mate policy justification for a change in U.S. Barr,145 regarding investigations into the his office to order, through the Office of policy. 2016 campaign and Biden/Burisma theories.146 Management and Budget (OMB), the with- In withholding the security assistance for Given all of the steps taken by Mr. Giuliani holding of congressionally appropriated se- Ukraine, the President violated his duty to leading up to the call, including his letter to curity assistance to Ukraine. The evidence faithfully execute the laws. Congress enacted President Zelensky and public statements shows that the President fixated on a June the ICA in 1974 as one of many responses to urging President Zelensky to undertake in- 19, 2019 article in the Washington Examiner the abuses of President Nixon in order to re- vestigations into the 2016 campaign and announcing the release of Ukraine security quire the President to obligate funds appro- Biden/Burisma theories, it is clear that assistance as an additional leverage point to priated by Congress, unless Congress other- President Trump was signaling that he want- further the corrupt scheme.126 By no later wise authorizes the withholding.136 The ICA ed these investigations. than July 12, 2019,127 President Trump or- provides the President with narrowly cir- The President’s Counsel disputed the no- dered a hold on $391 million in security as- cumscribed authority to withhold, or ‘‘im- tion that there was a quid pro quo by claim- sistance for Ukraine, consisting of $250 mil- pound,’’ appropriated funds only in limited, ing that President Zelensky was not aware

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.118 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1190 CONGRESSIONAL RECORD — SENATE February 27, 2020 of an arrangement and he felt no pressure Trump and Zelensky, Ambassador Sondland pressure in furtherance of the scheme. Start- during the July 25th phone call. However, called President Trump from Kyiv. Accord- ing in early August, Ambassadors Volker evidence shows that the President’s surro- ing to testimony from David Holmes, Coun- and Sondland, in coordination with Mr. gates prepped President Zelensky ahead of selor for Political Affairs at the U.S. Em- Giuliani, attempted to get President the call to say that he would conduct inves- bassy who overheard the phone call, Presi- Zelensky to publicly announce investiga- tigations into the 2016 campaign and Biden/ dent Trump asked Ambassador Sondland, tions into the 2016 campaign and Biden/ Burisma theories in order to get a White ‘‘So he’s going to do the investigation?’’ re- Burisma theories.170 Ambassadors Volker House meeting. Ambassadors Volker and ferring to the 2016 campaign and Burisma/ and Sondland worked in conjunction with Sondland had multiple exchanges with Presi- Biden theories.156 Holmes also testified that President Zelensky’s aide Mr. Yermak to dent Zelensky and his aide Mr. Yermak he asked Ambassador Sondland that same generate an acceptable statement.171 After ahead of the call. Ambassador Volker, after day if President Trump cared about Ukraine. the initial Ukrainian draft of the statement having breakfast with Mr. Giuliani, told Am- Sondland responded that President ‘‘Trump contained only a general commitment from bassador Taylor and Ambassador Sondland only cared about ‘big stuff’ that benefits the President Zelensky to fight corruption, Am- via text, ‘‘Most important is for Zelensky to President, like the ‘Biden investigation’ that bassadors Volker and Sondland consulted say that he will help with investigation.’’ 147 Mr. Giuliani was pushing.’’ 157 Mr. Giuliani who responded that if the state- That same day, Ambassador Sondland di- Most telling, President Trump’s Acting ment ‘‘doesn’t say Burisma and 2016, it’s not 172 rected President Zelensky to tell President Chief of Staff Mick Mulvaney publicly ad- credible.’’ Ambassador Volker then re- Trump, he would ‘‘run a fully transparent in- mitted at a press conference on October 17th vised President Zelensky’s draft statement to include specific references to ‘‘Burisma’’ vestigation and turn over every stone,’’ 148 that withholding the security assistance for and ‘‘the 2016 U.S. elections.’’ 173 No state- which he indicated in testimony referred to Ukraine provided leverage to convince ment was ever released by President the ‘‘Burisma and the 2016’’ investigations.149 Ukraine to investigate the source of the Zelensky, and Ambassador Volker testified The morning of the July 25th call, Ambas- hack of the DNC servers in 2016, an aspect of the 2016 campaign theory.158 Mr. Mulvaney that it was because the Ukrainians realized sador Sondland spoke to President Trump that making such a statement was tanta- and then alerted Ambassador Volker to con- confirmed that President Trump ‘‘[a]bsolutely’’ raised ‘‘corruption related to mount to a quid pro quo.174 tact him.150 Approximately a half hour later, Furthermore, witness testimony shows Ambassador Volker texted Zelensky aide Mr. the DNC server’’ and added that was part of ‘‘why we held up the money.’’ 159 When a re- that as the hold on the security assistance Yermak, ‘‘Heard from White House—assum- continued through the late summer, U.S. ing President Z[elensky] convinces Trump he porter pointed out that he had just described a quid pro quo, Mr. Mulvaney stated, ‘‘We do government officials realized the connection will investigate/ ‘get to the bottom of what between the hold and the President’s desire that all the time with foreign policy’’ and happened’ in 2016, we will nail down a date for Ukrainian announcements of investiga- told everyone to ‘‘Get over it. There’s going for a visit in Washington.’’ 151 tions into President Trump’s political rivals. to be political influence in foreign pol- The memorandum of the telephone con- By early September, Ambassador Taylor said icy.’’ 160 versation shows that President Zelensky un- his ‘‘clear understanding’’ was that Presi- Despite the assertions of the President’s derstood the messages that he was told to dent Trump would withhold security assist- counsel, evidence indicates that the convey during the call and followed those in- ance until President Zelensky ‘‘committed Zelensky Administration knew that there structions. During the call, President to pursue the investigations.’’ 175 Ambassador was a problem with the security assistance Zelensky said to President Trump, ‘‘I also Taylor further testified that his contempora- wanted to thank you for your invitation to well before the hold was reported publicly on neous notes reflect that President Trump 161 visit the United States, specifically Wash- August 28, 2019. The same afternoon of the wanted President Zelensky ‘‘in a box by ington D.C. On the other hand, I also want to July 25th phone call, Department of Defense making [a] public statement about ordering ensure you that we will be very serious officials learned that diplomats at the such investigations.’’ 176 Ambassador about the case and will work on the inves- Ukrainian Embassy in Washington had made Sondland explained to Ambassador Taylor tigation.’’ 152 Lt. Col. Vindman testified that multiple overtures to the Pentagon and the that ‘‘everything’’ (the Oval Office meeting aspects of the call, including President State Department ‘‘asking about security as- and security assistance) ‘‘was dependent on 162 Zelensky bringing up Burisma, suggested sistance.’’ Separately, during that same the Ukrainian government announcing the that he was ‘‘prepped’’ for this call.153 Presi- time frame, two different officials at the political investigations.’’ 177 Ambassador dent Zelensky knew what ‘‘favor’’ President Ukrainian Embassy contacted Ambassador Taylor responded to Ambassador Sondland Trump was asking for as a condition for re- Volker’s special assistant, Catherine Croft, that he thought it was ‘‘crazy to withhold se- 163 ceiving the White House meeting. to ask her in confidence about the hold. In curity assistance for help with a political early August 2019, the Ukrainians reportedly 178 C.1.d. The actions of Administration officials campaign.’’ Foreign Service Officer David made further inquiries about the security as- Holmes testified that his ‘‘clear impression’’ following the July 25th phone call dem- sistance funds.164 The message sent back was onstrate that the President conditioned U.S. around the same time was that ‘‘the security that the holdup was not bureaucratic in na- assistance hold was likely intended by the military aid to Ukraine and the White House ture, and that to address it they were ad- meeting on President Zelensky announcing President either to express dissatisfaction vised to reach out to Mick Mulvaney.165 NSC with the Ukrainians who had not yet agreed the investigations into the 2016 campaign and official Lt. Col. Vindman testified that by Biden/Burisma theories to the Burisma/Biden investigations, or as an mid-August 2019, he had also received inquir- effort to increase the pressure on them to do The President’s Counsel allege that there ies about the hold on the security assistance so.’’ 179 is no evidence that the President conditioned from an official at the Ukrainian Embassy.166 Once the hold on the security assistance U.S. military aid for Ukraine or the White Evidence and reporting regarding the was reported in the press in late August 2019, House meeting on a commitment by Presi- President’s interactions with then National the conditions for releasing the assistance dent Zelensky to announce investigations Security Adviser John Bolton further con- were soon overtly communicated to Presi- into the 2016 campaign and Biden/Burisma firms that the President held security assist- dent Zelensky. President Trump’s surrogates theories. The President’s Counsel assert that ance in order to further the corrupt scheme. informed President Zelensky and his aides any claims that President Trump made any On August 16, 2019, Ambassador Bolton re- that the security assistance was held up as a such linkage, particularly relating to the portedly made a personal appeal to President result of President Zelensky’s unwillingness military assistance, are unsupported and Trump to release the security assistance for to announce the investigations into Presi- based on second or third-hand sources and Ukraine and was ‘‘rebuffed.’’ 167 NSC official dent Trump’s political rivals. These direc- speculation. They claim that no one with Tim Morrison affirmed this account in his tions came from the President.180 Ambas- first-hand knowledge of the President’s testimony. Mr. Morrison testified that Am- sador Sondland testified that he had passed a thinking came forward and testified that he bassador Bolton said President Trump, message directly to President Zelensky’s conditioned the delivery of these official acts ‘‘wasn’t ready’’ to release the aid.168 Accord- aide Mr. Yermak on September 1, 2019, that, for Ukraine on the investigations. These ing to news reports that emerged during the ‘‘I believed that the resumption of U.S. aid claims are both disingenuous and wrong.154 Impeachment trial, an account from Ambas- would not likely occur until Ukraine took Furthermore, the actions of Administra- sador Bolton’s forthcoming book reportedly some kind of action on the public statement tion officials after the July 25th phone call makes this link even more explicit. that we had been discussing for weeks.’’ 181 make clear President Trump’s request was a Ambassador Bolton stated during the Au- Affirming this account, Ambassador Taylor quid pro quo. Approximately 90 minutes gust meeting, President Trump ‘‘appeared fo- testified that Ambassador Sondland told him after the call, OMB official Mike Duffey di- cused on the theories Mr. Giuliani had he had warned President Zelensky and Mr. rected Acting DoD Comptroller McCusker to shared with him, replying to Mr. Bolton’s Yermak that, ‘‘although this was not a quid formally hold the Department of Defense se- question that he preferred sending no assist- pro quo, if President Zelensky did not clear curity assistance for Ukraine.155 ance to Ukraine until officials turned over things up in public, we would be at a stale- In addition, conversations on July 26, 2019, all materials they had about the Russia in- mate.’’ 182 President Zelensky apparently un- detail that President Trump appeared solely vestigation that related to Mr. Biden and derstood the message because arrangements focused on whether efforts to pressure Presi- supporters of Mrs. Clinton in Ukraine.’’ 169 were made for the Ukrainian President to go dent Zelensky to initiate the investigations The record also shows that after the July on CNN to announce the investigations.183 had been successful. On July 26th, the day 25th Trump-Zelensky phone call, President The President’s Counsel argue that there after the phone call between Presidents Trump directed a campaign to increase the could not have been a quid pro quo because

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.119 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1191 the Ukrainians ultimately got the funding President’s Counsel asserted that President Ukrainian officials do not indicate that without making the commitment to conduct Trump had longstanding concerns about cor- President Trump held Ukrainian security as- the investigations. Essentially, they argue ruption and burden-sharing by European al- sistance due to concern about corruption in ‘‘no harm, no foul.’’ However, the President’s lies in support of Ukraine. Upon careful re- Ukraine. As discussed earlier, Ambassador solicitation of the politically-motivated in- view of the record, these assertions simply Volker and Ambassador Sondland had mul- vestigations in exchange for official acts is do not square with the facts. While there is tiple contacts with President Zelensky and in and of itself an abuse of his office and the some basis for the assertion that President his close aide Mr. Yermak ahead of the July public trust. Further, President Trump re- Trump cared about these issues, they were 25th call. No evidence shows that President leased the hold on the security assistance not the basis for the withholding of Ukraine Zelensky was advised to outline steps he was only after a whistleblower’s complaint had security assistance. taking to address corruption on the call.204 been provided to Congress and three House Evidence shows that President Trump’s so- Similarly, previously discussed diplomatic committees had initiated an investigation licitation alarmed Administration officials efforts in August focused on securing a pub- into the hold. On August 12, 2019, a whistle- who listened in to the July 25th call, and lic commitment by President Zelensky to in- blower filed a complaint with the Intel- their concerns did not stem from policy dif- vestigate the 2016 campaign and Biden/ ligence Community’s Inspector General, ferences. NSC official Lt. Col. Vindman tes- Burisma theories specifically, and a commit- tified that he was ‘‘concerned’’ about the call which stated multiple U.S. government offi- ment to pursue corruption generally was and ‘‘did not think it was proper to demand cials had told him or her information indi- deemed insufficient to meet President that a foreign government investigate a U.S. cating that the ‘‘President of the United Trump’s request.205 citizen.’’ 193 Vice Presidential aide Jennifer States is using the power of his office to so- The evidence also does not indicate that Williams, who also listened to the July 25th President Trump used official auspices to un- licit interference from a foreign country in call, testified she found it, ‘‘unusual because, the 2020 U.S. election.’’ 184 The complaint dertake a corruption investigation in fur- in contrast to other Presidential calls I had therance of official U.S. government policy. cited the July 25th call between Presidents observed, it involved discussion of what ap- Trump and Zelensky, the placing of the call If the President was interested in pursuing a peared to be a domestic political matter.’’ 194 particular corruption investigation with the on a codeword server, and other cir- Ms. Williams was informed of the security cumstances surrounding the call including Government of Ukraine, he could have done assistance hold on July 3rd and stated that so through established diplomatic channels. the role of Mr. Giuliani.185 The President was the call ‘‘shed some light on possible other reportedly briefed by White House Counsel The President could have directed his Attor- motivations behind a security assistance ney General to make an official request of on the existence of a whistleblower com- 195 hold.’’ Lt. Col. Vindman and NSC official Ukraine to initiate investigations into cor- plaint in late August.186 On September 9, Tim Morrison were sufficiently concerned ruption under the existing Mutual Legal As- 2019, the whistleblower complaint was re- that they separately reported the contents of sistance Treaty (MLAT) with Ukraine.206 In ferred to Congress.187 On the same day, the the call to NSC lawyers, Mr. Eisenberg and this instance, President Trump did not take House Permanent Select Committee on In- 196 Mr. Ellis. The President’s lawyers, in turn, such action. Rather, in the July 25th call, telligence, the House Committee on Over- took steps to restrict access to the rough President Trump asked President Zelensky sight and Government Reform, and the transcript of the call by placing it on a high- to work with both his personal attorney, Mr. House Committee on Foreign Affairs opened ly-restricted classified server.197 Giuliani, and Attorney General Barr to pur- an inquiry into the circumstances sur- Furthermore, the President’s Counsel’s sue investigations into his political rivals.207 rounding the hold.188 The President subse- claim that security assistance for Ukraine Further, supporting the idea that the Presi- quently lifted the hold on September 11, was withheld over concerns about corruption dent did not ask for any official investiga- 2019.189 is unfounded. On May 23, 2019, the Depart- Moreover, the corrupt scheme did not end ment of Defense certified to Congress that tions, the DOJ has denied knowledge of any even after the House Committees began the Ukraine had made progress on defense re- such investigations, declaring that ‘‘the Impeachment Inquiry. Mr. Giuliani, at the form and anti-corruption measures. Congress President has not asked the Attorney Gen- direction of the President, has continued to required this certification under the Na- eral to contact Ukraine—on this [the July 208 travel to Ukraine to generate compromising tional Defense Authorization Act in order to 25th call] or any other matter.’’ Addition- material on President Trump’s political op- allow USAI funding to be provided beyond ally, Mr. Yermak asked Ambassador Volker ponents,190 raising the possibility of future the first 50 percent of amounts authorized to make any official request for investiga- 209 attempts by President Trump to pressure and appropriated for Ukraine military aid.198 tions through formal channels, but there foreign leaders to interfere in the 2020 elec- Furthermore, support for providing security is no evidence that the DOJ or officials at tion. assistance to Ukraine was unanimous among the US Embassy Kyiv followed up on that 210 Consistent with the first element delin- relevant agencies of the United States gov- suggestion. That the President did not go eated for abuse of power, the evidence clear- ernment. Deputy Assistant Secretary of De- through regular inter-governmental chan- ly shows that President Trump misused his fense Laura Cooper testified that there was a nels supports the conclusion that his inter- office to advance a corrupt scheme. consensus within the interagency that cor- est in Ukrainian investigations was for his The fact that President Trump’s actions ruption was not a legitimate reason for the personal political benefit and not legitimate involve the misuse of the office of the presi- hold.199 Ambassador Taylor affirmed Ms. policy considerations. dency distinguishes the current proceedings Cooper’s recollection that no agencies raised In addition, there is no evidence to support from the circumstances in the 1999 Clinton policy-related concerns as reason for the the claim that President Trump withheld Impeachment trial. Based on the historical hold on security assistance testifying, ‘‘At Ukrainian military assistance out of con- record, the constitutional standard I applied every meeting, the unanimous conclusion cerns about European burden sharing. While in the Clinton proceedings was that ‘‘private was that the security assistance should be President Trump may be skeptical about Eu- wrongdoing, without a significant adverse ef- reassumed, the hold lifted. At one point the ropean contributions to mutual defense, Eu- fect upon the nation, cannot constitute an Defense Department was asked to perform an ropean nations contribute significantly more impeachable offense.’’ 191 On that basis, I con- analysis of the effectiveness of the assist- foreign aid overall to Ukraine than the cluded that ‘‘Citizens may well lack con- ance. Within a day, the Defense Department United States. The EU is the single largest fidence in the ability of President Clinton to came back with the determination that the contributor of foreign assistance to Ukraine, be honest about his personal life, this is not assistance was effective and should be re- having provided Ö15 billion since 2014 versus 200 however a threat to our government.’’ 192 The sumed.’’ $1.96 billion in security assistance that the circumstances regarding President Trump Nor does the evidence support the claim United States has provided over that same 211 can be distinguished both on the grounds that President Trump, himself, had concerns time period. The rationale that the President withheld that his actions involved the misuse of his about institutional corruption that would security assistance because he was concerned public office, not private wrongdoing, and lead him to withhold military assistance for with Europe paying more to support Ukraine because the nature of President Trump’s Ukraine. There is no evidence that President Trump in his interactions with his Ukrain- was not raised until well after the hold was abuse of power is an ongoing threat to our ian counterpart, raised concerns about cor- placed on U.S. security assistance for systems of government and our constitu- ruption. Indeed, corruption was not raised by Ukraine. Witness testimony indicates that tional order. President Trump during the two calls he had the President began making inquiries about D. The President’s Solicitation of Investiga- with President Zelensky,201 despite that the aid on June 19, 2019,212 and that all secu- tions by Ukraine into the 2016 Campaign issue being included in his talking points rity assistance for Ukraine had been put on and Biden/Burisma Theories Was for his prepared by NSC staff for both calls.202 Fur- hold by July 12, 2019.213 OMB official Mark Personal or Other Corrupt Purpose ther evidence that President Trump was not Sandy testified that when the hold was or- The second element of the offense of abuse interested in institutional corruption in dered no explicit reason was provided.214 Mr. of power, as previously delineated, is the use Ukraine came from Mr. Morrison, who lis- Sandy further testified that it wasn’t until of official governmental power for personal tened to the July 25th call, and testified that September, after the hold became public, or some other corrupt purpose. The Presi- President Trump did not make a ‘‘full- that a concern was expressed about Euro- dent’s Counsel have argued that the Presi- throated endorsement of the Ukraine reform pean burden sharing.215 dent had legitimate policy reasons for with- agenda that I was hoping to hear.’’ 203 Nor is there evidence that the Trump Ad- holding the Ukraine security assistance or Further, communications by U.S. dip- ministration made any efforts publicly or the White House meeting. Specifically, the lomats to President Zelensky or other privately to get additional contributions

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.121 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1192 CONGRESSIONAL RECORD — SENATE February 27, 2020 from Europe while the aid was on hold. Mr. Second, President Trump’s corrupt scheme President Zelensky’s close aide Yermak, of Sandy testified that he was not aware of any threatened U.S. national security objectives the ‘‘high strategic value of a bipartisan sup- other countries committing to provide more by advancing a Russian disinformation nar- port for Ukraine and the importance of not financial assistance to Ukraine prior to the rative that it was Ukraine, and not Russia, getting involved in other country’s elec- lifting of the hold on September 11th.216 that interfered in the 2016 presidential cam- tions.’’ 230 Ambassador Volker also empha- Moreover, as the GAO decision makes paign. The Intelligence Community unani- sized the importance of the bipartisan sup- clear, the President does not have the au- mously assessed that ‘‘Russian President port in Congress for U.S. policy toward thority to withhold funding that Congress Vladimir Putin ordered an influence cam- Ukraine.231 has appropriated for a specific purpose. The paign in 2016 aimed at the U.S. presidential Finally, the President’s efforts to secure GAO determined ‘‘the law does not permit election.’’ 221 That assessment of the Intel- investigations into the 2016 campaign and the President to substitute his own policy ligence Community was affirmed by the bi- Biden/Burisma theories undermined U.S. pol- priorities for those that Congress has en- partisan Senate Select Committee on Intel- icy promoting the rule of law and fighting acted into law. OMB withheld funds for a ligence,222 and the Special Counsel’s inves- corruption, which included discouraging policy reason, which is not permitted under tigation.223 partner governments from launching politi- the Impoundment Control Act (ICA). The The perpetuation and promotion of a Rus- cally-motivated investigations into domestic withholding was not a programmatic delay. sian disinformation operation undermines rivals. Deputy Assistant Secretary George Therefore, we conclude that OMB violated U.S. efforts to protect our electoral institu- Kent, former Deputy Chief of Mission in the ICA.’’ 217 tions from Russian interference and to build Ukraine, testified to the official U.S. policies The OMB continued to implement the the resilience of the American people against in place in countries like Ukraine and Geor- President’s hold on the Ukraine security as- foreign interference. Former NSC official Dr. gia, stating that ‘‘having the President of sistance despite repeated warnings starting Fiona Hill underscored the importance of the United States effectively ask for a polit- in early August from Department of Defense countering this Russian information warfare ical investigation of his opponent would run (DOD) officials that further delays risked campaign when she testified before the directly contrary’’ to these efforts.232 As 218 violating the ICA. The OMB-directed hold House Intelligence Committee on November Chairman Schiff restated on December 18, on the apportionment of funds continued 21, 2019. She assessed: 2019: even after DOD warned that it could no The impacts of the successful 2016 Russian On September 14 in Ukraine, when Ambas- longer guarantee that the Department would campaign remains evident today. Our nation sador Volker sat down with Andriy Yermak, be able to obligate the funds before the end is being torn apart. Truth is questioned. Our the top adviser to Zelensky, and he did what of the fiscal year, a clear violation of the highly professional expert career Foreign he should do. He supported the rule of law, 219 ICA. Ultimately, DOD failed to execute $35 Service is being undermined. U.S. support for and he said: You, Andriy Yermak, should not million of the $250 million obligated for Ukraine which continues to face armed Rus- investigate the last President, President 220 USAI before the end of the fiscal year. sian aggression is being politicized. The Rus- Poroshenko, for political reasons. You The President’s Counsel have failed to sian Government’s goal is to weaken our should not engage in political investigations. produce credible evidence to support the con- country, to diminish America’s global role, And do you know what Yermak said: ‘‘Oh, tention that the President withheld security and to neutralize a perceived U.S. threat to you mean like what you want us to do with assistance and an Oval Office meeting from Russian interests. President Putin and the the Bidens and the Clintons? 233 Ukraine for legitimate policy reasons. In- Russian security services aim to counter Based on the above analysis, I find that stead, an adverse inference can be drawn U.S. foreign policy objectives in Europe in- there is overwhelmingly clear and con- that the President had no legitimate policy cluding in Ukraine, where Moscow wishes to vincing evidence that elements of abuse of basis for his actions. Further, the House Im- reassert political and economic domi- power have been met and that President peachment Managers have established that nance.224 Trump is guilty on the first Article of Im- the President acted for his own personal ben- Third, the President’s withholding of near- peachment. efit, specifically to advance the ongoing cor- ly $400 million in U.S. security assistance to VI. ARTICLE II: OBSTRUCTION OF CONGRESS rupt scheme to solicit foreign interference in Ukraine undermined U.S. national security Article II of House Resolution 755 provides the 2020 presidential election. objectives in the strategic competition with that, in the conduct of his office, the Presi- E. The President’s Solicitation of Investigations Russia, a central pillar of the Administra- dent directed the unprecedented and categor- into the 2016 Campaign and Biden/Burisma tion’s own National Defense Strategy. NSC ical indiscriminate defiance of subpoenas Theories was Without Due Consideration of official Tim Morrison stressed that ‘‘Ukraine issued pursuant to the House’s ‘‘sole Power U.S. National Interests is on the front lines of a strategic competi- of Impeachment.’’ 234 Article I provides fur- The final element of the offense of abuse of tion between the West and Vladimir Putin’s ther provides that President Trump’s order- power, as previously delineated, is that the revanchist Russia.’’ 225 He added, ‘‘The ing the White House and other Executive use of official power, for personal or some United States aids Ukraine and her people so Branch agencies and Executive Branch offi- other corrupt purpose, is made without due they can fight Russia over there, and we cials to defy House subpoenas sought ‘‘to consideration for the national interest. The don’t have to fight Russia here.’’ 226 Ambas- evidence presented at the Senate trial makes sador Taylor also testified on the importance seize and control the power of impeachment clear that in using the powers of his office to of supporting Ukraine for U.S. national secu- . . . a vital constitutional safeguard vested 235 I withhold valuable U.S. security assistance rity interests. He stressed, ‘‘One of our na- solely in the House of Representatives.’’ will first explain how historical and case and an Oval Office visit for the newly-elected tional security goals is to resolve conflicts in precedent proves that obstruction of Con- Ukrainian President to advance a corrupt Europe’’ and our aid to Ukraine is ‘‘in sup- gress is an impeachable offense. Next, I will scheme to solicit foreign interference for his port of a broader strategic approach to Eu- explain how, through his indiscriminate personal benefit, President Trump harmed rope . . .,’’ and is ‘‘to support Ukraine when order, President Trump sought to vitiate and the national interest of the United States. it negotiates with the Russians.’’ 227 President Trump’s efforts to leverage two of- Ambassador Taylor and other witnesses in fact, did undermine, the lawful authority ficial acts to advance a scheme to solicit for- were particularly alarmed by the with- of Congress. Finally, I will explain how each eign interference in the 2020 election is con- holding of the security assistance because of of the arguments that the President’s Coun- trary to the national interests of the United its potential impact on Ukraine at a critical sel put forward during the Impeachment States in a number of ways. time in its conflict with Russia. As Ambas- Trial to justify the President’s obstruction First and foremost, President Trump’s sador Taylor testified, ‘‘It’s one thing to try do not amount to a lawful cause or excuse. misuse of the powers of his office threatened to leverage a meeting in the White House. A. Obstruction of Congress Is An Impeachable the heart of the constitutional order itself, It’s another thing, I thought, to leverage se- Offense potentially undermining our democratic curity assistance to a country at war, de- When any one branch of government seeks process. By pressuring Ukraine to engage in pendent on both the security assistance and to obstruct an essential function of another election interference through the promotion the demonstration of support. It was much branch, it threatens a central feature of our of two unfounded theories, President more alarming.’’ 228 Ambassador Taylor fur- republic: the separation of powers.236 In the Trump’s conduct posed an urgent danger to ther underscored the harm from withholding case where a President seeks to derogate the the integrity of our constitutional system. If vital aid for Ukraine: ‘‘Security assistance authority of another branch, it can also un- the history of the 2016 election can be rewrit- was so important for Ukraine as well as our dermine the President’s constitutional obli- ten at the President’s direction to cast doubt national interests, to withhold that assist- gation to ‘‘take Care that the Laws be faith- on Russia’s interference, it invites Russia ance for no good reason other than help with fully executed.’’ 237 and other adversaries to interfere again in a political campaign made no sense. It was President Trump continues to thwart Con- the future knowing that there will be no con- counterproductive to all of what we had been gress’ oversight and investigative powers, sequences. Similarly, it risks distorting the trying to do. It was illogical. It could not be which are essential constitutional functions integrity of our electoral process if the explained. It was crazy.’’ 229 of the Legislative Branch. In McGrain v. President can leverage the power of the pres- President Trump’s actions also threatened Daugherty, the Supreme Court firmly estab- idency to pressure foreign countries to com- to undermine one of Ukraine’s greatest as- lished that such inquiry power is ‘‘an essen- mit their government resources to dig up sets in its conflict with Russia, the bipar- tial and appropriate auxiliary to the legisla- ‘‘dirt’’ on his political opponents in order to tisan nature of support for Ukraine in the tive function’’ and included the ability to benefit his reelection. U.S. Congress. Ambassador Taylor advised seek and enforce demands for information.238

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.122 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1193 The need to comply with subpoena-backed reports that President Trump and his associ- Additionally, as a result of the October 8th requests for information, including in an Im- ates might have been seeking assistance directive, multiple Trump Administration peachment, has been explicitly stated. In from the Ukrainian government in his bid officials have defied congressional subpoenas Kilbourn v. Thompson, the Supreme Court for reelection.245 As part of this inquiry, the and refused to testify in the Impeachment held that, ‘‘Where the question of such im- Investigating Committees requested that the proceedings.270 Overwhelming evidence of the peachment is before either [the House or White House provide documents related to President’s abuse of power has come to light, Senate] acting in its appropriate sphere on the President’s July 25th call with the despite the President’s obstructionist ef- that subject [of impeachment], we see no Ukrainian President.246 forts, largely because key Administration of- reason to doubt the right to compel the at- Speaker Nancy Pelosi subsequently an- ficials risked their jobs and careers to com- tendance of witnesses, and their answer to nounced on September 24, 2019 that the ply with subpoenas and requests issued by proper questions, in the same manner and by House would be commencing ‘‘an official Im- the House. Even in those cases, agency lead- the use of the same means that courts of jus- peachment inquiry.’’ 247 The Investigating ership worked to ensure that these officials tice can in like cases.’’ 239 Committees then subpoenaed documents and would only be able to give limited testi- Part of Congress’ broad oversight author- witness testimony from the White House,248 mony. In particular, the Department of ity is the power to hold sitting presidents ac- the Department of State,249 the Department State,271 the Department of Defense,272 and countable for grave misconduct and abuses of Defense,250 the Office of Management and the Department of Energy 273 prevented Exec- of public trust through Impeachment. In- Budget,251 the Department of Energy,252 and utive Branch employees who did participate deed, Article I, Section 2, Clause 5 of the U.S. Rudy Giuliani.253 as witnesses from accessing documents that Constitution gives the House of Representa- Once H.Res. 660 was approved by the House they identified as directly relevant to the tives ‘‘the sole Power of Impeachment.’’ 240 on October 31st, the subpoenas issued as part Impeachment inquiry—including their phone However, an Impeachment inquiry can only of the ongoing investigations leading up to records, emails, notes, and memoranda. As a be discharged through the cooperation of the the adoption of H.Res. 660 remained in full result, these witnesses were denied the op- 254 governmental branch being investigated; force. In addition, the House Intelligence portunity to have documents that could have Committee issued new subpoenas for witness only this branch can provide documents and helped them give more specific testimony, testimony to officials at the National Secu- witness testimony related to its own con- and some had to rely on their own notes and rity Council,255 White House,256 Office of 274 duct. By refusing to provide any informa- recollections. Management and Budget,257 and the Office of tion, President Trump is trying to stop Con- President Trump personally sought, the Vice President.258 gress from gathering relevant information through intimidation or influence, to impede As such, I conclude that there is over- the testimony of officials that cooperated and render the Impeachment process tooth- whelmingly clear and convincing evidence 241 with the House Impeachment inquiry. He less. As John Quincy Adams noted, it that the House used its lawful authority in would make a ‘‘mockery’’ of the Constitu- specifically sought to interfere with the tes- conducting its Impeachment inquiry. timonies of Ambassador Gordon Sondland,275 tion’s Impeachment power for Congress to C. President Trump Used the Powers of the Ambassador William Taylor,276 Ambassador have the power to impeach but ‘‘not the Presidency to Subvert the Powers of Con- Marie Yovanovitch,277 Lt. Col. Alexander power to obtain the evidence and proofs on gress Vindman,278 and Jennifer Williams.279 which their impeachment was based.’’ 242 President Trump used the vast powers of There is indeed overwhelmingly clear and The Judiciary Committee also confirmed convincing evidence that President Trump that subverting the constitutionally vested his office to prevent the House of Represent- atives from exercising its oversight author- used the powers of his office to prevent the powers of the Legislative Branch can be an House from exercising its constitutionally impeachable offense, when it previously ap- ity and sole power of Impeachment. The President did so by ordering the entire Exec- granted authority to conduct oversight re- proved Articles of Impeachment charging lated to the Impeachment inquiry. President Richard Nixon with the failure to utive Branch not to cooperate with the D. President Trump Obstructed the Impeach- comply with duly authorized congressional House Impeachment inquiry. White House ment Inquiry Without Lawful Cause or Ex- subpoenas. The Judiciary Committee ex- Counsel Pat Cipollone sent a letter to Speak- cuse plained that: er Pelosi and the Investigating Committees In refusing to produce these papers and on October 8, 2019, declaring that ‘‘President Whether President Trump obstructed Con- things, Richard M. Nixon, substituting his Trump cannot permit his Administration to gress turns on whether there is evidence that judgment as to what materials were nec- participate in this partisan inquiry under he had legal cause or excuse for his total 259 essary for the inquiry, interposed the powers these circumstances.’’ It is notable that, non-cooperation with the Impeachment in- even before sending the October 8th letter, of the Presidency against the lawful sub- quiry. I will address how each of the argu- President Trump had made his intentions poenas of the House of Representatives, ments that the President’s Counsel have clear to obstruct any and all oversight by thereby assuming to himself functions and made in attempting to justify the Presi- Congress, proclaiming, ‘‘We’re fighting all judgments necessary to the exercise of the dent’s stonewalling do not provide sufficient the subpoenas.’’ 260 President Trump further sole power of impeachment vested by the legal excuse for his conduct. asserted, ‘‘As the President of the United Constitution in the House of Representa- D.1. Validity of Congressional Subpoenas States, I have an absolute right, perhaps tives.243 The President’s Counsel argue that sub- even a duty, to investigate, or have inves- Based on the above historical and case poenas related to the Impeachment pro- tigated, CORRUPTION, and that would in- precedent, I conclude that obstruction of ceeding are invalid, if they were issued be- clude asking, or suggesting, other Countries fore the House voted to approve H.Res. 660 Congress can be an impeachable offense. I 261 help us out!’’ formalizing the Impeachment inquiry on Oc- also conclude that a sitting President com- The President’s sweeping directive on Oc- tober 31, 2019. In the President’s trial brief, mits obstruction of Congress by: tober 8th had the foreseeable effect of ob- Counsel states that ‘‘It was entirely proper 1) Contravening the lawful authority of the structing, and in fact, did materially thwart, for Administration officials to decline to Legislative Branch; the House Impeachment inquiry. Following comply with subpoenas issued pursuant to a 2) By imposing the powers of the presi- President Trump’s categorical order, the De- purported ‘impeachment inquiry’ before the dency; partment of State,262 the Office of Manage- 3) Without lawful cause or excuse. House of Representatives had authorized any ment and Budget,263 the Department of En- such inquiry. No House committee can issue B. The House of Representatives Exercised Its 264 265 ergy, and the Department of Defense subpoenas pursuant to the House’s Impeach- Lawful Authority in the Impeachment In- failed to produce a single document in re- quiry ment power without authorization from the sponse to requests or demands for records in House itself.’’ 280 Relying on the argument As explained in Section V, Subsection A of their possession. To date, the only docu- that subpoenas issued prior to the passage of this Memorandum, Congress has broad power ments the Executive Branch has released are H.Res. 660 were invalid, the White House, De- to conduct oversight and issue demands for summaries of President Trump’s phone calls partment of State, and the Department of 266 information, and is vested with the sole with President Zelensky on April 21, 2019 Defense instructed current and former em- 267 power to conduct Impeachment. and July 25, 2019. Even these documents ployees not to testify before the Inves- In this case, the House of Representatives are not complete. The President claimed the tigating Committees in the Impeachment was using both its lawful investigative and July 25th call is, ‘‘an exact word for word proceedings.281 Impeachment authorities, when it issued transcript of the conversation.’’ 268 However, The President’s Counsel’s argument broad- lawful subpoenas leading up to and after the witness testimony from the House Impeach- ly fails because it goes against well-estab- adoption of House Resolution 660 on October ment inquiry shows that there were key lished case law recognizing Congress’ power 31, 2019, which formalized the ongoing inves- omissions. NSC official Lt. Col. Vindman, to conduct investigations 282 and issues sub- tigations into whether sufficient grounds ex- who listened to the calls, testified that edits poenas,283 even when it is not engaged in an isted for the House of Representatives to im- that he provided to the draft July 25th docu- Impeachment. Furthermore, the standing peach President Donald John Trump.244 ment based on his notes were not included in rules of the House authorize a committee or On September 9, 2019, the House Commit- the transcript that was released. Lt. Col. subcommittee, with certain limitations, to tees on Intelligence, Foreign Affairs, and Vindman’s edits included a reference to issue subpoenas ‘‘[f]or the purpose of car- Oversight and Reform (hereinafter ‘‘Inves- Burisma and President Trump telling Presi- rying out any of its functions and duties.’’ 284 tigating Committees’’) first announced that dent Zelensky that there are recordings of Therefore, the relevant question on the va- they would be starting an investigation into Vice President Biden.269 lidity of the House subpoenas does not turn

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.124 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1194 CONGRESSIONAL RECORD — SENATE February 27, 2020 on whether they were issued before or after think of a setting where congressional need Legislative Branch in good faith continued H.Res. 660, as the President’s Counsel argue. for information is greater than during an Im- into the Senate trial, as his Administration Rather, it should center on whether they peachment, which is the Constitution’s most continued to withhold the information that were issued as part of a lawful congressional potent way to hold the President account- was subpoenaed during the House inquiry. investigation.285 In this case, the subpoenas able for his misconduct.294 The President’s Counsel even went so far as at issue involved the legitimate purpose of The President’s Counsel further assert that to instruct the Senate that it could not con- investigating whether President Trump and senior advisors to the President do not have sider the evidence the House did obtain say- his associates sought assistance from the to comply with congressional subpoenas be- ing that ‘‘The Senate may not rely on a cor- Ukrainian government to influence the 2020 cause they have ‘‘absolute immunity.’’ This rupted factual record derived from constitu- election. As a result, there is convincing evi- doctrine of absolute immunity has also been tionally deficient proceedings to support a dence that the House Permanent Select rejected by the D.C. District Court in House conviction of the President of the United Committee on Intelligence, the House For- Judiciary Committee v. Miers 295 and House Ju- States.’’ 304 eign Affairs Committee, and the House Com- diciary Committee v. McGahn.296 In addition, as the Senate Impeachment mittee on Oversight and Reform had valid D.2.b. Accommodation of legislative branch proceedings were underway, new and mate- investigative and subpoena authority, even Moreover, even if President Trump did rial evidence of President Trump’s mis- before the passage of H.Res. 660. have a legitimate need to keep information conduct continued to come out. Lev Parnas, Even if the argument made by the Presi- confidential, each branch of government is the associate of Rudy Giuliani, asserted that dent’s Counsel was legitimate, the Trump required to accommodate the legitimate President Trump was fully aware of efforts Administration failed to abide by its rule. needs of the others to maintain the separa- to dig up ‘‘dirt’’ on his political rival, as Following the President’s Counsel’s own tion of powers. If President Trump had a were Vice President Mike Pence, Attorney logic, the President would have to recognize valid need to keep confidential some of the General William Barr, and former Energy the validity of and comply with subpoenas information that the House requested, the Secretary Rick Perry.305 According to news issued after the Impeachment inquiry was agencies and offices involved could have en- reports, it also has come to light that Presi- formalized on October 31, 2019. Yet, the tered into good-faith negotiations with the dent Trump directed John Bolton, his then- President did not permit officials from OMB House to resolve their conflicting needs. The national security adviser, to help with his and the National Security Council to testify Courts have suggested that the Framers in- pressure campaign against the Ukrainian even though they were subpoenaed after tended dynamic compromise as the most ef- government.306 Both Bolton and Parnas made H.Res. 660 passed the House.286 fective way to solve disputes between the it clear during the Impeachment trial that D.2. Assertions of Privilege branches and that view has been affirmed by they were willing to testify before the Sen- To the extent that the President has legiti- the longstanding historical practice of the ate.307 Yet, President Trump sought to dis- mate executive privilege claims, he failed to branches.297 In United States v. AT&T, the credit both witnesses 308 and even threatened properly assert them or to go through the D.C. Circuit Court held that ‘‘Under this to assert executive privilege to prevent John proper accommodation process to keep infor- view, the coordinate branches do not exist in Bolton from coming to testify and cooper- mation confidential. an exclusively adversary relationship to one ating in the Impeachment trial.309 D.2.a. Presidential privilege is not absolute another when a conflict in authority arises. D.3. Purported Defectiveness of Impeachment The President’s Counsel have stood by the Rather, each branch should take cognizance Inquiry October 8th letter from Mr. Cipollone to of an implicit constitutional mandate to The President’s Counsel argue that the Speaker Pelosi declaring that the President seek optimal accommodation through a real- subpoenas issued by the House are invalid and his Administration would not partici- istic evaluation of the needs of the con- not only because of when they were issued. pate in the Impeachment inquiry.287 Presi- flicting branches in the particular fact situa- They argue that the Impeachment inquiry 298 dent Trump himself has articulated his ex- tion.’’ itself is defective and unauthorized and It is this accommodation process that is pansive view of his powers saying, ‘‘Hon- therefore any compliance is unnecessary. the norm, not a wholesale refusal by one estly, we have all the material . . . They The President’s Counsel argue that ‘‘the branch to another. ‘‘Cooperation dominates don’t have the material.’’ 288 House has never undertaken the solemn re- However, in United States v. Nixon, the Su- most congressional requests for information, sponsibility of a presidential impeachment preme Court flatly rejected this kind of un- with the executive turning over the re- inquiry without first authorizing a par- limited assertion of executive power. The quested information as a matter of rou- ticular committee to begin the inquiry’’ and 299 Court held that ‘‘neither the doctrine of sep- tine.’’ A complete breakdown in these pro- ‘‘[t]hat has also been the House’s nearly un- aration of powers, nor the need for confiden- cedures is a rarity as ‘‘information access broken practice for every judicial impeach- tiality of high-level communications, with- disputes are typically worked out through ment for two hundred years.’’ 310 out more, can sustain an absolute, unquali- one of several intermediate options’’ such as As explained in Section V, Subsection D.1 fied Presidential privilege of immunity from the Executive Branch agency providing re- of this Memorandum, Congress’ power to judicial process under all circumstances.’’ 289 dacted documents or requiring Congress to conduct investigations and issue subpoenas, Instead, the Court found that, in an inter- keep the requested information confiden- even when not as part of an Impeachment, 300 branch dispute, when a claim of presidential tial. A memorandum written by the Office has been repeatedly and firmly settled by the privilege is based merely on the grounds of a of Legal Counsel (OLC) during the adminis- Courts. Therefore, even if one accepts that generalized interest in confidentiality, ‘‘the tration of President George H. W. Bush ex- the Impeachment investigation was invalid generalized assertion of privilege must yield plains that ‘‘[I]f further negotiation is unless authorized by the House, it does noth- to the demonstrated, specific need for evi- unavailing, it is necessary to consider asking ing to diminish the power of the committees dence.’’ 290 the President to assert executive privi- at hand to engage in an oversight investiga- A related D.C. Circuit Court case, Senate lege.’’ 301 Traditionally, Executive Branch tion. Nor does it diminish the duty to com- Select Committee on Presidential Campaign Ac- agency branch officials then present their ply with subpoenas that were issued under tivities v. Nixon, affirmed that presidential case for the assertion of executive privilege this oversight authority. privilege is not absolute and could be over- to the President and the agency asks Con- The President’s Counsel is contradicted by come by a ‘‘strong showing of need by an- gress to hold its request in abeyance, pend- the cases of President Johnson and Nixon, 302 other institution of government.’’ 291 The ing the President’s decision. where a committee of jurisdiction started Court in this case articulated the following The President’s Counsel claim that the Ex- taking steps toward Impeachment before the test in making its decision: Congress in ecutive Branch was willing to enter into an full House took any action. In the Johnson 303 using its investigative powers may override accommodation process with the House. Impeachment, the Judiciary Committee con- presidential privilege when it makes the req- However, whereas the presumption in an sidered Articles of Impeachment before re- uisite showing of need that ‘‘the subpoenaed inter-branch dispute is cooperation, the porting them out for a vote by the House.311 evidence is demonstrably critical to the re- White House’s default position has been total In the case of President Nixon, the Judiciary sponsible fulfillment of the Committee’s refusal of the House’s requests for informa- Committee employed a Special Counsel to function,’’ such as a legitimate oversight or tion. To this day, the Trump Administration assist in the inquiry, before the House ex- legislative purpose.292 has not turned over a single responsive docu- plicitly authorized the Committee’s inves- In this case, Mr. Cipollone’s October 8th ment or worked to make a single witness tigation to determine whether the House letter makes clear the President intended to available for questioning by Congress. The should impeach.312 exercise privileges over the whole of the Ex- Administration has not sought an inter- What’s more, the President’s Counsel’s po- ecutive Branch, regardless of whether an mediate option to make information avail- sition appears to be that the House must au- agency was involved in foreign policy or na- able to Congress. Nor has the Executive thorize an Impeachment before it has gath- tional security policy.293 In contrast, the In- Branch ever formally invoked executive ered enough evidence to warrant one, and vestigating Committees overwhelmingly privilege or asked Congress to hold its re- also that a congressional investigation demonstrated a particularized interest in ob- quests in abeyance pending the President’s which begins to produce evidence of grounds taining information to ascertain whether the decision to assert executive privilege. for Impeachment loses its investigative au- President used the powers of his office to so- D.2.c. Obstruction in Senate trial thority until the House votes to formalize licit foreign interference on his behalf in the President Trump’s obstruction of Congress the Impeachment inquiry. These arguments 2020 election. In addition, it would be hard to and his failure to resolve disputes with the defy both logic and past precedent.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.125 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1195 Here, I am also persuaded by the House Im- entertain the Judiciary Committee’s sub- rooted in basic constitutional principles of peachment Managers’ argument that the poena-enforcement action, yet taking no po- fundamental fairness. Determining due proc- Constitution grants the ‘‘sole Power of Im- sition on the jurisdictional basis for the ess of the law ‘‘require[s] . . . that state ac- peachment’’ to the House of Representatives. President’s maintenance of lawsuits to pre- tion, whether through one agency or an- In addition, the Constitution says that, vent Congress from accessing his personal other, shall be consistent with the funda- ‘‘[t]he Senate shall have the sole Power to records by legislative subpoena, DOJ implic- mental principles of liberty and justice try all Impeachments.’’ 313 Nowhere does the itly suggests that (much like absolute testi- which lie at the base of all our civil and po- Constitution empower the President to uni- monial immunity) the subject-matter juris- litical institutions and not infrequently are laterally decide that an Impeachment is ille- diction of the federal courts is properly in- designated as ‘law of the land.’ ’’ 321 gitimate. I conclude that investigations voked only at the pleasure of the Presi- In evaluating whether President Trump leading up to H.Res. 660 and the formal in- dent.315 was afforded protections that are consistent quiry that continued afterward were duly au- The Judge in the McGahn case also noted with the ‘‘fundamental principles of liberty thorized. that the DOJ made conflicting arguments in and justice,’’ the analysis should center on D.4. Further Litigation the House’s lawsuit seeking grand jury evi- whether he was given rights customarily dence that contributed to former Special given to presidents in previous Impeach- The President’s Counsel argue that its cat- Counsel Robert Mueller’s report. The Judge ments. egorical and comprehensive defiance cannot goes on to write: During the Clinton Impeachment inquiry, be deemed to be obstruction of Congress be- During oral argument, when one of the the President’s Counsel was invited to at- cause the House has not sought judicial re- panelists asked DOJ about the district tend all Judiciary Committee executive ses- view of the subpoenas issued as part of the court’s subject-matter jurisdiction to enter- sions and open hearings, was allowed to Impeachment inquiry. tain the House’s legal action, DOJ Counsel cross-examine witnesses, object to pieces of This argument is unconvincing given that remarked that, while the Executive branch evidence, suggest that the Committee review the involvement of the Courts in information was ‘‘not advancing that argument[,]’’ it be- additional evidence, and respond to evidence access disputes between the Legislative and lieved that DOJ ‘‘certainly has both standing used by the Committee.322 During the Nixon Executive Branches has been rare, at least and jurisdiction’’ to seek review of the dis- Impeachment inquiry, the President’s Coun- with respect to conflicts over House sub- trict court’s injunction . . . But if DOJ’s po- sel was not invited to participate in the Ju- poenas. As the Congressional Research Serv- sition is that the federal courts have the au- diciary Committee’s proceedings until ice explains: months after the inquiry’s authorizing reso- The traditional preference for political thority to entertain a legal claim concerning lution was passed.323 Once invited, Nixon’s rather than judicial solutions seems sup- the House’s contested request for allegedly counsel was allowed to attend the initial ported by the fact that neither Congress nor privileged grand jury materials, how can it presentation of evidence and respond to it in the President appears to have turned to the be heard to argue, nearly simultaneously, later proceedings, attend later hearings with courts to resolve an investigative dispute that the instant Court has no jurisdiction to witnesses, submit requests to call witnesses, until the 1970s . . . The courts themselves entertain a legal claim concerning the en- cross-examine witnesses that were called, have also generally sought to avoid adjudi- forceability of a House committee’s sub- and object to pieces of evidence.324 cating investigative disputes between the ex- poena compelling the testimony of senior- 316 The House’s Impeachment inquiry into ecutive and legislative branches, instead en- level presidential aides? Further litigation is also problematic be- President Trump afforded the President couraging settlement of their differences cause, unlike Presidents Nixon and Clinton rights that were consistent with these prece- through a political resolution. Consistent who were in their second terms, President dents from prior presidential Impeachments. with that approach, lower federal courts Trump’s misconduct is immediately pre- The President’s Counsel was given the oppor- have suggested that judicial intervention in ceding and, in anticipation of, the upcoming tunity to participate in the House Judiciary investigative disputes ‘‘should be delayed presidential election. The crux of President Committee’s proceedings during the im- until all possibilities for settlement have Trump’s scheme was to corruptly use the peachment inquiry. This included the right been exhausted.’’ . . . [In addition] some evi- vast powers of his presidency to invite for- to attend every Judiciary Committee hear- dence suggests that both the House and the eign interference into the 2020 election in ing; request additional witnesses during courts have viewed judicial involvement in order to benefit himself politically. Allowing these hearings; present evidence orally or in an impeachment inquiry as inappropriate or President Trump to delay this Impeachment writing; have the President’s Counsel cross- in excess of the judiciary’s power.314 examine witnesses; and raise objections dur- Moreover, the argument of the President’s through litigation would enable him to keep ing Judiciary Committee hearings.325 In a Counsel is ineffective in the context of the relevant documents and witnesses from com- November 29th letter to the President, House dilatory tactics the Trump Administration ing out until after the 2020 election. It could Judiciary Committee Chairman Nadler in- has been using in other pending cases where also embolden him to engage in additional quired which of these privileges the Presi- the House also has subpoenaed documents. In unfettered misconduct aimed at increasing dent’s Counsel wished to exercise.326 In his particular, the Administration has used ar- his chances of getting reelected. December 6th response, Mr. Cipollone chose guments which, if taken together, seem to This threat to the integrity of our elec- not to exercise any of these rights and assert the President cannot be held account- tions is exactly the kind of misconduct that claimed the Impeachment inquiry violated able by either the Judicial or Legislative the Framers were worried about. In George due process rights.327 Branch. These stall tactics were highlighted Mason’s view, a risk of election fraud ‘‘fur- After reviewing this comparison, I con- in a case currently pending in the D.C. Cir- nished a peculiar reason in favor of impeachments[.]’’ 317 Another exchange be- clude President Trump has been afforded as cuit Court, Committee on the Judiciary v. tween two delegates, William Richardson least as much due process protection as McGahn. In this case, the House Judiciary Davie and James Wilson, highlights the im- Presidents Nixon and Clinton, and therefore Committee is trying to enforce a subpoena portance of safeguarding against a corrupt standards of fundamental fairness requisite against former White House Counsel, Don president that would cheat to get reelected. for due process have been met in the current McGahn. The D.C. District Court ruled Davie stated, ‘‘ ‘[i]f he be not impeachable Impeachment proceeding. against the DOJ, which claimed that whilst in office, he will spare no efforts or Based on the above analysis, I find that McGahn had absolute immunity from con- means whatever to get himself reelected.’ there is overwhelmingly clear and con- gressional subpoenas for his testimony. In [Davie] considered this as an essential secu- vincing evidence that President Trump ob- its decision, the Judge compares the DOJ’s rity for the good behaviour of the Execu- structed the House Impeachment inquiry inconsistent arguments in the McGahn case tive.’’ 318 Wilson concurred with Davie ‘‘in without lawful cause or excuse and that with a series of cases regarding congres- the necessity of making the Executive im- President Trump is guilty on the second Ar- sional subpoenas for the President’s tax re- peachable while in office.’’ 319 ticle of Impeachment. turns. The Judge points out that the: DOJ stood silent with respect to the juris- D.5. Due Process VII. LACK OF EVIDENTIARY RECORD dictional question, as President Trump (in The President’s Counsel assert that the A. Senate’s Role in Lack of Witnesses and Docu- his personal capacity) has invoked the au- Impeachment inquiry is defective because of ments thority of the federal courts, on more than a lack of due process protections for Presi- As I have explained, the House of Rep- one occasion, seeking resolution of a dispute dent Trump. Specifically, in Mr. Cipollone’s resentatives, as part of its Impeachment in- over the enforceability of a legislative sub- October 8th letter, he asserts that the Presi- quiry, subpoenaed documents and witnesses poena concerning his tax returns. A lawsuit dent was entitled to due process rights dur- from multiple Executive Branch agencies. To that asserts that a legislative subpoena ing the House’s Impeachment inquiry, which date, the Administration has produced zero should be quashed as unlawful is merely the he was not afforded, including ‘‘the right to responsive documents. In fact, the Adminis- flip side of a lawsuit that argues that a legis- see all evidence, to present evidence, to call tration has engaged in a coordinated and lative subpoena should be enforced. And it is witnesses, to have Counsel present at all systematic effort to deny relevant evidence either DOJ’s position that the federal courts hearings, to cross-examine all witnesses, to and testimony to the House of Representa- have jurisdiction to review such subpoena- make objections . . . and to respond to evi- tives in defiance of lawful Congressional sub- enforcement claims or that they do not. By dence and testimony.’’ 320 poenas.328 arguing vigorously here that the federal Procedural due process—meaning the legal Fortunately, patriotic and law-abiding fed- courts have no subject-matter jurisdiction to procedures to be used in a proceeding—is eral employees and former officials complied

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.127 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1196 CONGRESSIONAL RECORD — SENATE February 27, 2020 with lawful subpoenas and appeared at depo- Clinton, ‘‘the independence of the Impeach- len by Russian Military Intelligence units, in sitions or public hearings. As described pre- ment process from the prosecution of crimes order to benefit himself politically in the viously, testimony provided by witnesses is underscores the function of Impeachment as 2016 election.345 In June 2019, President probative of the President’s guilt on both Ar- a means to remove a President from office, Trump publicly announced that he would ticles of Impeachment. not because of criminal behavior, but be- take information on his political rival from Once the Articles of Impeachment were re- cause the President poses a threat to the a foreign government.346 Moreover, he pres- ceived by the Senate, the Senate had the op- Constitutional order.’’ 340 Furthermore, dur- sured Ukraine to announce investigations portunity to utilize its own oversight and ing the Clinton Impeachment proceedings, I into his political opponents to benefit his Impeachment authority pursuant to Article concluded that the President’s improper con- 2020 campaign. Indeed, even after the House I of the Constitution to gather relevant doc- duct must represent a continuing threat to began its Impeachment inquiry and he was uments and testimony. However, in this Im- the American people.341 In the current case, confronted by allegations of soliciting for- peachment trial, unlike previous ones con- I have concluded that allowing President eign interference, President Trump doubled ducted by the Senate, whether of Presidents Trump to remain in office would pose such a down by asking China also to investigate the or other officials, no witnesses were al- continuing threat to our electoral system Bidens.347 In addition, as stated earlier, his lowed.329 and the Constitution. personal attorney, Mr. Giuliani as recently My Republican colleagues voted against A. Subversion of the Constitutional Order and as December 2019, was working to gather holding a fair trial. For example, Leader an Unaccountable President disinformation on political opponents.348 McConnell initially sought to have a set of The President’s Counsel have argued that The President has in no way taken respon- rules governing this Impeachment trial that even if President Trump abused the power of sibility for these actions or shown that he would not have included a provision to auto- his office to withhold U.S. military assist- understands the consequences of his behavior 330 matically adopt the House’s evidence. He ance to an ally, in order to pressure that and its harm to the Constitution. After the also sought to have twenty-four hours of country to conduct investigations for his Impeachment trial in 1999, President Clinton opening arguments over two days to speed up personal and political benefit, doing so apologized to the nation and acted contrite. 331 the trial. My Republican colleagues re- would not be an impeachable offense. Ac- In contrast, President Trump has not, in any lented on these points, allowing the House cording to the President’s Counsel, ‘‘If a way, admitted wrongdoing and clings to the Impeachment Managers and the President’s President does something which he believes fiction that his call with President Zelensky 349 Counsel to each have twenty-four hours of will help him get elected—in the public in- was ‘‘perfect.’’ This lack of remorse, com- 332 argument over three days. The Repub- terest—that cannot be the kind of quid pro bined with his past and present actions, lican-authored resolution ultimately did not quo that results in impeachment.’’ 342 It is on leaves open the possibility that President guarantee witnesses, only providing for a this basis that the President’s Counsel fur- Trump will repeat such offenses in the fu- vote on whether witnesses could be heard at ther argue that, even if the President did in ture. the end of arguments and the question pe- fact condition security assistance for C. Elections Cannot be the Sole Remedy 333 From the get-go, my Republican col- riod. Ukraine on politically-motivated investiga- It has been argued that Impeachment and leagues were reluctant to have evidence and tions, it would not be an impeachable of- removal of the President is not the appro- arguments put in front of the American peo- fense.343 That argument violates the funda- priate remedy when the country is roughly ple for judgment. mental principle of our constitutional sys- ten months away from an election. The My Democratic colleagues offered eleven tem that no one is above the law. President’s Counsel argue that any judgment amendments in an effort to ensure a fair Furthermore, President Trump has shown regarding the President’s actions should be trial.334 The amendments, if adopted, would that he will block any congressional check left to the American people when they go to have permitted Senators and the American on his misuse of office by ignoring subpoenas the polls in November 2020. However, by so- people to see relevant evidence and hear as he pleases, without asserting a lawful liciting foreign interference in the coming from witnesses. These amendments were de- cause. At the same time, Trump Administra- election, President Trump’s actions threaten feated—almost entirely along party lines.335 tion lawyers have been arguing in various the viability of our elections and the very After the question and answer portion of court cases that the Judiciary has no role in foundation of our constitutional order to the Impeachment trial, the Senate voted on enforcing the very subpoenas from Congress serve as a check on the President’s conduct. amendments offered by my Democratic col- that the Administration is resisting. The Founders were acutely aware of the leagues that would have provided for wit- President Trump’s defiance of both Con- dangers of foreign election interference. As nesses and documents.336 These amendments gress and the Courts on subpoenas threatens Alexander Hamilton said in Federalist Paper were again defeated, largely along partisan to nullify the constitutional authority of Number 68, ‘‘[t]he desire [of] foreign powers lines.337 It is crucial to note, that this second both the House and Senate, not merely to to gain an improper ascendant in our Coun- series of votes was taken after reports that check the personal excesses of any given sels’’ was one of ‘‘the most deadly adver- Ambassador Bolton’s draft manuscript con- president, but also to oversee the entire Ex- saries of republican government.’’ 350 The tained evidence relevant and central to the ecutive Branch. It validates and encourages Founders knew this risk was inevitable in an allegations in the Articles of Impeachment. the President’s strategy of large-scale ob- election setting. In a letter to John Adams, Through the end of the trial, the vast major- struction of congressional inquiries. It Thomas Jefferson wrote ‘‘You are apprehen- ity of my Republican colleagues did not want emboldens the President to defy investiga- sive of foreign Interference, Intrigue, Influ- to hear from Ambassador Bolton, other rel- tions into his misconduct and strengthens ence. So am I—But, as often as Elections evant witnesses, or see documents that the President’s determination to resist addi- happen, the danger of foreign Influence re- would likely reveal evidence damaging to tional congressional oversight. curs.’’ 351 the President. The result of permitting the Executive I reject the notion, put forward by the Further, Leader McConnell compared his Branch to wholly disregard Congressional re- President’s Counsel, that a President who approach in this trial to that of the Impeach- quests for information is not only to neuter believes his reelection is in the best interest ment Trial of President Clinton, when Sen- the Impeachment power, but more pro- of the country cannot be impeached for abus- ators voted on whether to hear witnesses at foundly, impact Congress as a fundamental ing his power to tilt the next election in his the end of arguments.338 Leader McConnell’s check on executive mismanagement, abuse, favor. The Impeachment clause cannot be assertion is disingenuous considering that corruption, and overreach embodied in the read to provide a carte blanche for the Presi- the Clinton Impeachment trial occurred power of congressional oversight. dent to engage in illegal acts 352 that directly after a lengthy and comprehensive investiga- B. Ongoing Harm to the Constitutional Order undermine the operation of our free and fair tion led by the then independent Counsel, An additional basis for seeking the re- electoral system. The remedy for a President Kenneth Starr, which included tens of thou- moval of a President from office is that his attempting to corrupt the next election can- sands of pages of evidence and recorded testi- conduct poses continuing harm to the con- not be allowing the President to corrupt that mony. During the Clinton Impeachment stitutional order. President Trump’s solici- election. Even a well-intentioned autocrat is trial, witnesses had also previously testified tation of foreign election interference, based still an autocrat and not a President subject in grand jury proceedings.339 There were no on the perpetuation and amplification of to the Constitution. If accepted as true, surprises as to what witnesses would say. baseless and unfounded theories that harm these views would pave the way for the type President Trump’s Impeachment Trial rep- his political opponents, serves to damage the of autocratic government that the Founders resents a stark departure from what oc- fundamental institutions of our democracy. feared and fought to leave behind. curred during the Clinton Impeachment President Trump’s behavior was not a one- For elections to express the will of the Trial and indeed, sets a damaging and dev- time indiscretion, but rather part of a pat- electorate, they must be free and fair. Elec- astating precedent. tern of behavior to invite foreign influence tions must be legitimate, and the public VIII. CONCLUSION: REMOVAL OF PRESIDENT into our elections which thereby undermines must have confidence in them. Even the per- TRUMP IS THE SOLE APPROPRIATE REMEDY the constitutional order and harms the in- ception that our elections are tainted would Conviction and removal of a President tegrity of our democracy. In 2016, then-can- lead voters to question whether their vote from office is a high standard, and one that didate Trump called on Russia to hack the matters. That is why one of our jobs as law- should only be arrived at when there are no emails of his political rival, Secretary Clin- makers is to ensure the integrity of the elec- other remedies available. As I laid out dur- ton.344 He also promoted hacked emails from toral process. We work to ensure that every ing the 1999 Impeachment trial of President Secretary Clinton’s campaign that were sto- vote cast is fairly and accurately counted.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.129 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1197 We work to ensure that external forces, for- Rod Rosenstein, Deputy Attorney General, tion to ‘‘undermine public faith in the US eign or otherwise, cannot sway or pre-deter- Department of Justice, and Steve Engel, As- democratic process, denigrate Secretary mine the outcome of the election. The sistant Attorney General, Department of Clinton and her electability and potential United States government should not be Justice 12 (June 8, 2018) (on file with the New Presidency.’’ The Intelligence Community playing a role in advancing the goals of for- York Times) (emphasis in original). further assessed that ‘‘Putin and the Russian eign powers that seek to use our institutions 29. 2 The Records of the Federal Conven- Government developed a clear preference for to further their own interests. tion of 1787, supra note 12, at 65–66. President-elect Trump.’’) Acquitting President Trump would under- 30. The Federalist No. 68, at 458–459 (Alex- 60. 1 Robert S. Mueller, III, Report On The mine the integrity of our elections and clear ander Hamilton) (Jacob E. Cooke ed., 1961); 1 Investigation Into Russian Interference In the way for Russia or other countries to re- The Records of the Federal Convention of The 2016 Presidential Election 1–2 (Mar., peat in 2020, and beyond, the kind of election 1787 319 (Max Farrand, ed., 1911); 2 The 2019). (The Special Counsel’s investigation interference that the Intelligence Commu- Records of the Federal Convention of 1787, into Russian interference in the 2016 con- nity unanimously assessed occurred in the supra note 12, at 271–272. cluded that ‘‘. . . the Russian government 2016 election. Through acquittal, the Senate 31. 2 The Records of the Federal Conven- perceived it would benefit from a Trump will give its blessing for President Trump to tion of 1787, supra note 12, at 268. presidency and worked to secure that out- use any means at his disposal to sway the 32. The Federalist No. 22, at 142 (Alexander come, and that the campaign expected it next election in his favor, with no con- Hamilton) (Jacob E. Cooke ed., 1961). would benefit electorally from information sequences. President Trump has already 33. Id. stolen and released through Russian efforts demonstrated unequivocally that he has no 34. Charles L. Black, Jr. & Philip Bobbit, . . .’’) Impeachment: A Handbook, New Edition 17 compunction about violating the law, ob- 61. 2 Robert S. Mueller, III, Report On The (2018). structing congressional oversight, and put- Investigation Into Russian Interference In 35. The Federalist No. 65, supra note 3, at ting our nation and allies at risk. The dif- The 2016 Presidential Election 23 (Mar., 2019). ference now will be that President Trump 441; Laurence Tribe & Joshua Matz, To End will know that the Senate will give him a Presidency: The Power of Impeachment 127 62. 1 Mueller, supra note 60, at 1. cover for his future abuses of office. The on- (2018). 63. Interview of: George Kent Before the H. going threat to the constitutional order 36. The Federalist No. 65, supra note 3, at Perm. Select Comm. On Intelligence, Joint with must be remedied, and therefore removal of 441. the Comm. on Oversight and Reform and the the President is the only logical finding in 37. Id. at 442. Comm. on Foreign Affairs, 116th Cong. 268 and this case. 38. Opinion Memorandum of United States 275 (2019). Senator John F. Reed, Trial of President ENDNOTES 64. Interview of: Kurt Volker Before the H. William Jefferson Clinton 1 (Feb. 14, 1999). Perm. Select Comm. On Intelligence, Joint with 1. H.R. Res. 755, 116th Cong. (2019). 39. 145 Cong. Rec. 6, S260 (daily ed. Jan. 15, 2. U.S. Const. art. I, § 3, cl. 6; 166 Cong. Rec. the Comm. on Oversight and Reform and the 1999) (statement of Mr. Manager McCollum). Comm. on Foreign Affairs, 116th Cong. 37 10, S268 (daily ed. Jan. 16, 2020). 40. Opinion Memorandum of U.S. Senator 3. The Federalist No. 65, at 441 (Alexander (2019). (As part of Biden’s role as the lead on John F. Reed, supra note 38, at 6. Ukraine policy for the Obama Administra- Hamilton) (Jacob E. Cooke ed., 1961) (empha- 41. Id. sis in original). tion, he called for institutional reform in the 42. Black & Bobbitt, supra note 34. justice sector, including the firing of then 4. U.S. Const. art. I, § 3, cl. 6. 43. Id. (Black’s analysis is cited by several 5. U.S. Const. art. II, § 4. Prosecutor General Victor Shokin. The other scholars as persuasive; See e.g., Lau- 6. U.S. Const. art III, § 3, cl. 1. Obama administration had urged his resigna- 7. Staff of H. Comm. on the Judiciary, rence Tribe and Joshua Matz, To End a Pres- tion because he was not actively inves- 116th Cong., Rep. on Constitutional Grounds idency: The Power of Impeachment 137 (2018). tigating serious cases of corruption, and 44. 2 The Records of the Federal Conven- for Presidential Impeachment 14 (Comm. threatened to withhold $1 billion in loan tion of 1787, supra note 12, at 67. Print 2019). guarantees. The call for Shokin to resign 8. 2 Sir William Blackstone, Commentaries 45. The Federalist No. 69, at 463 (Alexander was the unanimous position of the United on the Laws of England 2152 (William Carey Hamilton) (Jacob E. Cooke ed., 1961). States and the West. Multiple witnesses tes- 46. 2 The Records of the Federal Conven- Jones ed., 1976). tified that Vice President Biden was acting 9. Id. at 2153. tion of 1787, supra note 12, at 65. in accordance with bipartisan US policy to- 10. Charles Doyle, Cong. Research Serv., 47. Id. at 67. wards Ukraine. For example, Ambassador 98–882, Impeachment Grounds: A Collection 48. H.R. Rep. No. 93–1305, at 139 (1974). Volker stated: ‘‘When Vice President Biden 49. S. Doc. No. 58–133, at 5 (1905); S. Doc. of Selected Materials 4 (1998). made those representations . . . he was rep- 11. The Federalist No. 65, supra note 3, at No. 69–101, at 1 (1926); S. Doc. No. 72–215, at 2 resenting U.S. policy at the time.’’); Im- 439 (emphasis in original). (1933). These judges were district judges peachment Inquiry: Ambassador Kurt Volker 12. 2 The Records of the Federal Conven- Charles Swayne of Florida, George English of and Timothy Morrison Before the H. Perm. Se- tion of 1787 550 (Max Farrand ed., 1911). Illinois, and Harold Louderback of Cali- lect Comm. on Intelligence, 116th Cong. 20 13. Id. fornia. (2019) (statement of Amb. Volker). (Ambas- 50. James M. Naughton, Nixon Says a Presi- 14. 4 The Debates in the Several State Con- sador Volker testified at his public hearing, dent Can Order Illegal Actions Against Dis- ventions on the Adoption of the Federal Con- ‘‘it’s not credible to me that former Vice sidents, Special to N.Y. Times, May 19, 1977, stitution 113 (Jonathon Elliot ed., 2nd ed. President Biden would have been influenced available at https://www.nytimes.com/1977/05/ 1861). in any way by financial or personal motives 19/archives/nixon-says-a-president-can-order- 15. Michael J. Gerhardt, The Federal Im- in carrying out his duties as Vice Presi- illegal-actions-against-dissidents.html. peachment Process: A Constitutional and dent.’’); Daryna Krasnolutska, Kateryna 51. Black’s Law Dictionary 13 (11th ed. Historical Analysis 21 (3rd ed. The Univer- Choursina and Stephanie Baker, Ukraine 2019). sity of Chicago Press 2019) (1996). Prosecutor Says No Evidence of Wrongdoing by 52. H.R. Rep. No. 93–1305, at 139 (1974). 16. 2 Joseph Story, Commentaries on the Bidens, Bloomberg, May 16, 2019, https:// 53. Id. at 3, 139–40. Constitutions 799 at 269–70 quoting William www.bloomberg.com/news/articles/2019-05-16/ Rawle, A View of the Constitution of the 54. Id. at 4, 139, 140. 55. Id. at 180. ukraine-prosecutor-says-no-evidence-of- United States at 213 (2d ed. 1829). wrongdoing-by-bidens. (Allegations of wrong 17. Staff of H. Comm. on the Judiciary, 56. H.R. Rep. No. 116–346, at 5 (2019). 57. Impeachment Inquiry: Fiona Hill and doing by Hunter Biden have also been found 93rd Cong., Rep. on Constitutional Grounds to be without merit including by then Pros- for Presidential Impeachment 27 (Comm. David Holmes Before the H. Perm. Select Comm. on Intelligence, 116th Cong. 40 (2019) (state- ecutor General Lutsenko who stated in mid- Print 1974). May 2019, that he had found no evidence of 18. 2 The Records of the Federal Conven- ment of Dr. Fiona Hill). (On November 21, 2019, NSC senior adviser Fiona Hill described wrongdoing by Hunter Biden, recanting his tion of 1787, supra note 12, at 64–65. previous allegations.) 19. Id. at 550 the theory of Ukrainian interference in the 65. See e.g. Arlette Saenz, Joe Biden An- 20. Id. 2016 election as ‘‘a fictional narrative that is 21. Id. being perpetrated and propagated by the nounces He is Running for President in 2020, 22. Id. Russian security services themselves.’’) CNN, Apr. 25, 2019, https://www.cnn.com/2019/ 23. Id. at 551. 58. Scott Shane, How a Fringe Theory About 04/25/politics/joe-biden-2020-president/ 24. Id. at 600. Ukraine Took Root in the White House, N.Y. index.html. (Vice President Biden declared 25. Trial Memorandum of President Donald Times, Oct. 3, 2019, https://www.nytimes.com/ his candidacy for president on April 25, 2019, J. Trump, In Proceedings Before the United 2019/10/03/us/politics/trump-ukraine-con- following months of speculation about States Senate 1 (Jan. 20, 2020). spiracy.html. whether he would run and being cast by the 26. U.S. Const. art. I, § 3, cl. 7. 59. Office of the Director of National Intel- press as a formidable rival to President 27. 1 The Collected Works of James Wilson ligence, National Intelligence Council, As- Trump.) 736 (Kermit L. Hall and Mark David Hall sessing Russian Activities in Recent US 66. Trial Memorandum of the United States eds., 2007). Elections ii (2017). (The Intelligence Commu- House of Representatives, In the Impeach- 28. Memorandum from William Barr, At- nity unanimously concluded on January 6, ment Trial of President Donald J. Trump 3 torney General, Department of Justice, to 2017, that Russia interfered in the 2016 elec- (Jan. 18, 2020).

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.130 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1198 CONGRESSIONAL RECORD — SENATE February 27, 2020 67. Kenneth P. Vogel, Rudy Giuliani Plans Biden called for Mr. Shokin to be fired and pro-Trump legal team Victoria Toensing and Ukraine Trip to Push for Inquires that Could told Ukrainian authorities that the United Joe DiGenova, who have been working in co- Help Trump, N.Y. Times, May 9, 2019, https:// States would withhold $1 billion in loan ordination with Giuliani to further the cor- www.nytimes.com/2019/05/09/us/politics/ guarantees if he was not relieved of his posi- rupt scheme. As part of his legal representa- giuliani-ukraine-trump.html. (According to tion. The U.S. position that Mr. Shokin tion, Mr. Firtash retained Giuliani associate Mr. Giuliani, the President was fully witting should be removed and replaced with a pros- Lev Parnas to be his translator. Further- of the Mr. Giuliani’s activities to further the ecutor general that was dedicated to institu- more, court filings indicate that Mr. Firtash scheme. Mr. Giuliani told the New York Times tional reforms was coordinated with Euro- wired Mr. Parnas’s wife a million dollars that the President, ‘‘basically knows what pean allies and partners and held popular through an intermediary. It must be further I’m doing, sure, as his lawyer,’’ and, ‘‘[m]y support inside Ukraine. On March 29, 2016, noted that Mr. Giuliani referenced that Ms. only client is the president of the United the Ukrainian Rada (parliament) voted over- Toensing would accompany him to the meet- States. He’s the one I have an obligation to whelmingly in approval of President ing he requested with then President- elect report to, tell him what happened.’’) Poroshenko’s decision to fire Mr. Shokin); Zelensky in mid-May. While the letter did 68. See generally Karen Freifeld & Aram Interview of: George Kent, supra note 63, at 45. not state the purpose of the requested meet- Roston, Exclusive: Trump Lawyer Giuliani was (Regarding Mr. Shokin, Deputy Assistant ing, Mr. Giuliani stated publicly that he in- Paid $500,000 to Consult on Indicted Associate’s Secretary Kent, a leading authority on rule tended to tell President Zelensky to pursue Firm, Reuters, Oct. 14, 2019, https:// of law and anti-corruption efforts, assessed the investigation.); See also Letter from Ru- www.reuters.com/article/us-usa-trump-whis- in his deposition, ‘‘There was a broad-based dolph Giuliani to Volodymyr Zelensky, tleblower-giuliani-excl/exclusive-trump-law- consensus that he [Shokin] was a typical President-Elect, Ukraine (May 10, 2019) (on yer-giuliani-was-paid-500000-to-consult-on-in- Ukraine prosecutor who lived a lifestyle far file with H. Perm. Select Comm. On Intel- dicted-associates-firm-idUSKBN1WU07Z; in excess of his government salary, who ligence); Christian Berthelsen, Giuliani Ally Rosalind S. Helderman, Josh Dawsey, Paul never prosecuted anybody known for having Got $1 Million from Ukrainian Oligarch’s Law- Sonne and Tom Hamburger, How Two Soviet- committed a crime, and having covered up yer, Bloomberg, Dec. 17, 2019, https:// Born Emigres Made it into Elite Trump Circles— crimes that were known to have been com- www.bloomberg.com/news/articles/2019-12-17/ and the Center of the Impeachment Storm, mitted.’’) firtash-lawyer-was-source-of-1-million-to- Washington Post, Oct. 12, 2019, https:// 71. Interview of: George Kent, supra note 63, parnas-giuliani-ally. www.washingtonpost.com/politics/how-two- at 47. (The Skype call between Mr. Shokin 76. Andy Heil & Christopher Miller, U.S. Re- soviet-born-emigres-made-it-into-elite- and Mr. Giuliani occurred after Mr. Shokin jects Ukraine Top Prosecutor’s ‘Don’t Prosecute’ trump-circles-and-the-center-of-the-im- was denied a visa to travel to the United Accusation, Radio Free Europe, Mar. 21, 2019, peachment-storm/2019/10/12/9a3c03be-ec53- States, based on his record of corrupt deal- https://www.rferl.org/a/us-rejects-top-ukrain- 11e9-85c0-85a098e47b37_story.html; Kenneth P. ings. Deputy Assistant Secretary George ian-prosecutors-dont-prosecute-accusation/ Vogel, Ben Protess and Sarah Maslin Nir, Be- Kent testified that the State Department ob- 29834853.html. (On March 21, a State Depart- hind the Deal that put Giuliani Together with a jected to the visa because Mr. Shokin was ment spokesperson responded: ‘‘The allega- Dirt-Hunting Partner, N.Y. Times, Nov. 6, ‘‘very well and very unfavorably known to tions by the Ukrainian prosecutor-general 2019, https://www.nytimes.com/2019/11/06/us/ us. And we felt, under no circumstances, are not true and intended to tarnish the rep- politics/ukraine-giuliani-charles- should a visa be issued to someone who utation of Ambassador Yovanovitch.’’) gucciardo.html; United States of America v. knowingly subverted and wasted U.S. tax- 77. Staff of H. Perm. Select Comm. on In- Lev Parnas, Igor Fruman, David Correia, payer money.’’ Mr. Kent further testified telligence, 116th Cong., Rep. on The Trump- And Andrey Kukushkin, Defendants. No. 19 that White House aide Robert Blair called to Ukraine Impeachment Inquiry 44 (Comm. CRIM 725 (S.D.N.Y filed October 9, 2019). (In follow up on why Shokin was denied a visa.); Print 2019). (The House Committees who led the spring of 2018, Soviet born businessmen Deposition of: Marie ‘‘Masha’’ Yovanovitch, Be- the impeachment investigation, ‘‘uncovered Lev Parnas and Igor Fruman had multiple fore the H. Perm. Select Comm. On Intelligence, evidence of close ties and frequent contacts contacts with President Trump and his asso- Joint with the Comm. on Oversight and Reform between Mr. Solomon and Mr. Parnas, who ciates. Mr. Parnas and Mr. Fruman donated and the Comm. on Foreign Affairs, 116th Cong. was assisting Mr. Giuliani in connection $325,000 to the pro-Trump Super Pac America 264–265 (2019). (Ambassador Yovanovitch stat- with his representation of the President.’’); First Action through an LLC. Through those ed at her closed-door interview, ‘‘The em- Adam Entous, The Ukrainian Prosecutor Be- contacts, they forged a relationship with bassy had received a visa application for a hind Trump’s Impeachment, The New Yorker, Trump personal attorney Rudy Giuliani. In tourist visa from Mr. Shokin, the previous Dec. 16, 2019, https://www.newyorker.com/ August, 2018, Mr. Parnas and Mr. Fruman prosecutor general. And he said that he was magazine/2019/12/23/the-ukrainian-prosecutor- hired Giuliani for $500,000 to provide legal ad- coming to visit his children, who live in the behind-trumps-impeachment. (In December vice for their company ‘‘Fraud Guarantee.’’ United States . . . The consular folks . . . 2019, Giuliani affirmed coordination with Hill columnist John Solomon: ‘‘I said, ‘John [Sol- Press reports indicate that Fraud Guarantee got the application, recognized the name, omon], let’s make this as prominent as pos- appears to have no customers. On October 10, and believed he was ineligible for a visa, sible . . . I’ll go on TV. You go on TV. You 2019 a federal indictment from the Southern based on his . . . corrupt activities . . . so I do columns.’ ’’) District of New York charged Mr. Parnas and alerted Washington to this, that this had 78. See John Solomon, As Russia Collusion Mr. Fruman with funneling illegal campaign happened. And the next thing we knew, Fades, Ukrainian Plot to Help Clinton Emerges, contributions from foreign donors to U.S. Mayor Giuliani was calling the White House The Hill, Mar. 20, 2019, https://thehill.com/ government officials and political action as well as the Assistant Secretary of Con- opinion/campaign/435029-as-russia-collusion- committees.) sular Affairs, saying that I was blocking the fades-ukrainian-plot-to-help-clinton- 69. See Kim Hjelmgaard, Ukraine Opens visa for Mr. Shokin, and that Mr. Shokin emerges; John Solomon, US Embassy Pressed Case Against Former Prosecutor Yuriy was coming to meet him to provide informa- Ukraine to Drop Probe of George Soros Group Lutsenko, USA Today, Oct. 1, 2019, https:// tion about corruption at the embassy, in- During the 2016 election, The Hill, Mar. 26, www.usatoday.com/story/news/world/2019/10/ cluding my corruption.’’) 2019, https://thehill.com/opinion/campaign/ 01/ukraine-opens-case-against-ex-prosecutor- 72. Notes from Interview with Mr. Shokin, 435906-us-embassy-pressed-ukraine-to-drop- yuriy-lutsenko/3828779002/. (Mr. Lutsenko Rudolph Giuliani (Jan. 23, 2019) (on file with probe-of-george-soros-group-during-2016; was fired in late August 2019 by newly-elect- the State Department). John Solomon, Joe Biden’’s 2020 Ukrainian ed President Zelensky. In October 2019, 73. Id. Nightmare: A Closed Probe is Revived, The Hill, Ukraine’s State Bureau of investigations 74. Id. Apr. 1, 2019, https://thehill.com/opinion/ (SBI) opened criminal proceedings against 75. See Stephanie Baker & Irina Reznik, To white-house/436816-joe-bidens-2020-ukrainian- Mr. Lutsenko over possible abuse of power Win Giuliani’s Help, Oligarch’s Allies Pursued nightmare-a-closed-probe-is-revived; John charges, stemming from illegal gambling op- Biden Dirt, Bloomberg, Oct. 18, 2019, https:// Solomon, Ukrainian to U.S. Prosecutors: Why erations.) www.bloomberg.com/news/articles/2019-10-18/ Don’t You Want Our Evidence on Democrats?, 70. See Christopher Miller, Why was to-win-giuliani-s-help-oligarch-s-allies-pur- The Hill, Apr. 7, 2019, https://thehill.com/ Ukraine’’s Top Prosecutor Fired? The Issue at sued-biden-dirt. (In early September 2019, opinion/white-house/437719-ukrainian-to-us- the Heart of the Dispute Gripping Washington, Shokin swore in an affidavit that Vice Presi- prosecutors-why-dont-you-want-our-evi- Radio Free Europe, Sep. 24, 2019, https:// dent Biden pressured the Poroshenko admin- dence-on-democrats; (John Solomon wrote www.rferl.org/a/why-was-ukraine-top-pros- istration to fire him to protect Hunter the above columns based on the ecutor-fired-viktor-shokin/30181445.html. Biden. He further testified that he was forced disinformation that Mr. Giuliani gathered (Mr. Shokin had served as the Prosecutor out because he was leading ‘‘a wide ranging from Mr. Shokin, Mr. Lutsenko and others.) General during the Poroshenko administra- corruption probe’’ of Burisma and that he 79. See Donald J. Trump tion from February 2015–March 2016. In the was ‘‘forced to leave office, under direct and (@realDonaldTrump), Twitter (Mar. 20, 2019, fall of 2015, the Obama Administration grew intense pressure from Joe Biden and the U.S. 10:40 PM), https://twitter.com/ concerned that Mr. Shokin, despite promises Administration.’’ At the beginning of the af- realdonaldtrump/status/1108559080204001280. to increase anti-corruption investigations, fidavit, Shokin wrote that he was making (For instance, President Trump promoted a had not followed through, including on the statement at the request of lawyers act- link to Solomon’s column from March 20, promises to investigate corruption allega- ing for pro-Putin Ukrainian oligarch Dmitry 2019). tions against the Ukrainian energy company Firtash, who has a history of acting as a 80. See Donald Trump, Jr. Burisma. In March 2016, Vice President Russian agent and in July 2019, retained the (@DonaldJTrumpJr), Twitter (Apr. 2, 2019,

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.094 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1199 7:52 AM), https://twitter.com/donaldjtrumpjr/ 91. Chris Grancescani, President Trump’s grew concerned that Shokin, despite prom- status/1113046659456528385. (Donald Trump Jr. Former National Security Advisor ‘Deeply Dis- ises to increase anti-corruption investiga- retweeted Solomon’s April 1 column on April turbed’ by Ukraine Scandal: ‘Whole World is tions, had not followed through with enact- 2, 2019.) Watching’, ABC News, Sept. 29, 2019, https:// ing forms. For example, on September 24, 81. See Rudy Giuliani (@RudyGiuliani), abcnews.go.com/Politics/president-trumps- 2015, then US Ambassador to Ukraine Geof- Twitter (Mar. 22, 2019, 11:38 AM), https://twit- national-security-advisor-deeply-disturbed- frey Pyatt stated publicly that Shokin’s of- ter.com/RudyGiuliani/status/ ukraine/story?id=65925477. (Mr. Tom Bossert, fice ‘‘not only did not support investigations 1109117167176466432. (On March 22, Mr. President Trump’s former Homeland Secu- into corruption, but rather undermined pros- Giuliani tweeted an allegation from the arti- rity Adviser stated in a Press interview that ecutors working on legitimate corruption cle: ‘‘Hillary, Kerry, and Biden people the Crowdstrike allegations are, ‘‘completely cases.’’ Ambassador Pyatt specifically colluding with Ukrainian operatives to make debunked.’’ Mr. Bossert further stated, ‘‘The brought up Burisma as an example of an in- money and affect 2016 election.’’) United States government reached its con- vestigation that had languished under 82. Interview by Sean Hannity with Donald clusion on attributing to Russia the DNC Shokin’s tenure as Prosecutor General.) Trump, President, United States (Apr. 25, hack in 2016 before it even communicated it 97. See Joe Biden, then-Vice President, 2019). (Mr. Hannity asked the President if the to the FBI, before it ever knocked on the United States, Remarks to the Ukrainian people of the United States needed to see the door at the DNC. So a server inside the DNC Rada in Kyiv, Ukraine (Dec. 9, 2015). (On De- evidence Ukraine has with regards to was not relevant to our determination to the cember 9, 2015, Vice President Biden stated Ukraine colluding with Hillary Clinton’s attribution. It was made up front and before- in front of the Ukrainian Parliament (Rada): campaign. President Trump responded, ‘‘. . . hand.’’) ‘‘. . . you cannot name me a single democ- I think we do.’’ He went on to claim that 92. Allan Smith, ‘Enough’: Trump’s Ex- racy in the world where the cancer of corrup- that, ‘‘People have been saying . . . the con- Homeland Security Adviser ‘Disturbed,’ ‘Frus- tion is prevalent. You cannot name me one. cept of Ukraine, they have been talking trated’ by Ukraine Allegations, Says President They are thoroughly inconsistent. And it’s about it actually for a long time . . .’’) Must Let 2016 Go, NBC News, Sept. 29, 2019, not enough to set up a new anti-corruption 83. Interview by Howard Kurtz with Ru- https://www.nbcnews.com/politics/donald- bureau and establish a special prosecutor dolph Giuliani (Apr. 7, 2019). (For instance, trump/enough-trump-s-former-homeland-se- fighting corruption. The Office of the Gen- on April 7, 2019, Mr. Giuliani stated on Fox curity-adviser-disturbed-ukraine-allega- eral Prosecutor desperately needs reform. News, ‘‘I got information about three or four tions-n1060051. The judiciary should be overhauled. The en- months ago that a lot of the explanations for 93. See 166 Cong. Rec. 17, S596–98 (daily ed. ergy sector needs to be competitive, ruled by how this whole phony investigation started Jan. 27, 2020) (Statement of Ms. Counsel market principles—not sweetheart deals.’’) will be in the Ukraine, that there were a Bondi); See generally Adam Entous, Will Hun- 98. 166 Cong. Rec. 20, S727 (daily ed. Jan. 30, group of people in the Ukraine that were ter Biden Jeopardize his Father’s Campaign?, 2020) (statement of Mr. Counsel Philbin). working to help Hillary Clinton and were New Yorker, Jul. 1, 2019, https:// 99. Entous, supra note 86. colluding really . . . And then all of a sud- www.newyorker.com/magazine/2019/07/08/will- 100. See UNIAN, Ukrainian Prosecutor Gen- den, they revealed the story about Burisma hunter-biden-jeopardize-his-fathers-cam- eral Lutsenko Admits U.S. Ambassador Didn’t and Biden’s son . . . [Vice President Biden] paign; Michael Kranish & David L. Stern, As Give Him a Do Not Prosecute List, Apr. 18, 2019, bragged about pressuring Ukraine’s presi- Vice President, Biden Said Ukraine Should In- https://www.unian.info/politics/10520715- dent to firing [sic] a top prosecutor who was crease Gas Production. Then His Son Got a Job ukraine-prosecutor-general-lutsenko-admits- being criticized on a whole bunch of areas at a Ukrainian Gas Company., Washington u-s-ambassador-didn-t-give-him-a-do-not- but was conducting an investigation of this Post, Jul. 22, 2019, https:// prosecute-list.html; Daryna Krasnolutska, gas company which Hunter Biden served as a www.washingtonpost.com/politics/as-vice- Kateryna Choursina and Stephanie Baker, director . . .’’) president-biden-said-ukraine-should-in- Ukraine Prosecutor Says No Evidence of Wrong- 84. Trial Memorandum of the United States crease-gas-production-then-his-son-got-a- doing by Bidens, Bloomberg, May 16, 2019, House of Representatives, supra note 66, at job-with-a-ukrainian-gas-company/2019/07/21/ https://www.bloomberg.com/news/articles/ SMF 4. f599f42c-86dd-11e9-98c1- 2019-05-16/ukraine-prosecutor-says-no-evi- 85. Deposition of: Marie ‘‘Masha’’ e945ae5db8fb_story.html; Lucien Bruggeman, dence-of-wrongdoing-by-bidens; Michael Yovanovitch, Before the H. Perm. Select Comm. Biden Sought to Avoid a Conflict of Interest Be- On Intelligence, Joint with the Comm. on Over- Birnbaum, David L. Stern and Natalie fore the 2008 Campaign: Court Records, ABC sight and Reform and the Comm. on Foreign Af- Gryvnyak, Former Ukraine Prosecutor Says News, Oct. 8, 2019, https://abcnews.go.com/ fairs, 116th Cong. 131 (2019). (Ambassador Hunter Biden ‘Did Not Violate Anything’, Politics/joe-bidens-effort-dodge-sons-con- Yovanovitch testified that Deputy Secretary Washington Post, Sept. 26, 2019, https:// flict-interest-backfired/story?id=66371399; of State John Sullivan informed her that www.washingtonpost.com/world/europe/ Glen Kessler, GOP Tries to Connect Dots on ‘‘the President had lost confidence, and I former-ukraine-prosecutor-says-hunter- Biden and Ukraine, but Comes Up Short, Wash- would need to depart my post . . . And he biden-did-not-violate-anything/2019/09/26/ said, you’ve done nothing wrong. And he said ington Post, Dec. 4, 2019, https:// 48801f66-e068-11e9-be7f- _ that he had to speak to ambassadors who had www.washingtonpost.com/politics/2019/12/04/ 4cc85017c36f story.html; Andrew E. Kramer, been recalled for cause before and this was gop-tries-connect-dots-biden-ukraine-comes- Andrew Higgins and Michael Schwirtz, The not that.’’) up-short/. (The President’s Counsel made as- Ukrainian Ex-Prosecutor Behind the Impeach- 86. Adam Entous, The Ukrainian Prosecutor sertions of the appearance of conflict of in- ment Furor, N.Y. Times, Oct. 5, 2019, https:// Behind Trump’s Impeachment, The New York- terest, but did not produce evidence that www.nytimes.com/2019/10/05/world/europe/ er, Dec. 16, 2019, https://www.newyorker.com/ Hunter Biden broke the laws of the United ukraine-prosecutor-trump.html. (On April 21, magazine/2019/12/23/the-ukrainian-prosecutor- States or Ukraine or that Vice President 2019, Mr. Lutsenko admitted that the claim behind-trumps-impeachment. Biden acted corruptly in calling for the re- he made about U.S. ambassador Yovanovitch 87. Text Message from Yuriy Lutsenko, moval of then Prosecutor General Victor was false. In May 2019, Mr. Lutsenko said Prosecutor General, Ukraine, to Lev Parnas Shokin. Multiple media outlets have also un- there was no evidence of wronging by Vice (Mar. 22, 2019) (on file with H. Perm. Select dertaken investigations into the allegations President Biden or his son. In September Comm. on Intelligence). regarding Vice President Biden and Hunter 2019, Mr. Lutsenko said that Hunter Biden 88. Interview by Rachel Maddow with Lev Biden, and produced no evidence of wrong- did not violate Ukrainian laws. In October Parnas (Jan. 16, 2020). doing.) 2019, Mr. Lutsenko told the New York Times, 89. Impeachment Inquiry: Fiona Hill and 94. Interview of: Kurt Volker Before the H. ‘‘I understood very well what would interest David Holmes, supra note 57, at 40; Vladimir Perm. Select Comm. On Intelligence, Joint with them . . . I have 23 years in politics. I knew. Putin, President, Russia, Remarks in Joint the Comm. on Oversight and Reform and the I am a political animal.’’) News Conference with Hungarian Prime Min- Comm. on Foreign Affairs, 116th Cong. 36–37 101. Interview of: Kurt Volker, supra note 94, ister Viktor Orban (Feb. 2, 2017). (Russian (2019). at 354. President Vladimir Putin publicly accused 95. Alan Cullison, Bidens in Ukraine: An Ex- 102. Vogel, supra note, 67. Ukraine of interfering to support Secretary plainer, Wall Street Journal, Sept. 22, 2019, 103. Id. Clinton in 2016. On February 2, 2017 Putin https://www.wsj.com/articles/bidens- 104. Id. (Mr. Giuliani said, ‘‘He basically stated: ‘‘As we all know, during the presi- anticorruption-effort-in-ukraine-overlapped- knows what I am doing, sure, as his law- dential campaign in the United States, the with-sons-work-in-country-11569189782. (For yer.’’) Ukrainian government adopted a-unilateral example, Ukraine expert Anders Aslund from 105. Letter from Rudolph Giuliani to Arsen position in favor of one candidate. More than the Atlantic Council recalls, ‘‘Everyone in Avakov, Minister of Internal Affairs, that, certain oligarchs, certainly with the the Western community wanted Shokin Ukraine (May 10, 2019) (on file with H. Perm. approval of the political leadership, funded sacked. The whole G–7, the IMF, the EBRD, Select Comm. on Intelligence). (The letter . . . this female candidate.’’) everybody was united that Shokin must go, was provided to the House Permanent Select 90. Luke Barr & Alexander Mallin, FBI Di- and the spokesman for this effort was Joe Committee on Intelligence and was made rector Pushes Back on Debunked Conspiracy Biden.’’) public on January 14, 2020. In the letter, Mr. Theory About 2016 Election Interference, ABC 96. Geoffrey Pyatt, then-U.S. Ambassador Giuliani wrote, ‘‘I will be accompanied by News, Dec. 9, 2019, https://abcnews.go.com/ to Ukraine, Remarks at the Odesa Financial my colleague Victoria Toensing, a distin- Politics/fbi-director-pushes-back-debunked- Forum in Odesa, Ukraine (Sept. 24, 2015). (In guished American attorney who is very fa- conspiracy-theory-2016/story?id=67609244. the fall of 2015, the Obama Administration miliar with this matter.’’); Jo Becker, Walt

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.096 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1200 CONGRESSIONAL RECORD — SENATE February 27, 2020 Bogdanich, Maggie Haberman, and Ben 126. See Releases Under FOIA, Just Secu- ‘‘[t]he nature of the communication was Protess, Why Giuliani Singled out 2 Ukrainian rity (Dec. 20, 2019) (on file at https://as- that—how could we institute a temporary Oligarchs to Help Look for Dirt, N.Y. Times, sets.documentcloud.org/documents/6590667/ hold consistent with the Impoundment Con- Nov. 25, 2019, https://www.nytimes.com/2019/ CPI-v-DoD-Dec-20-2019-Release.pdf). (Re- trol Act.’’); Deposition of: Laura Katherine 11/25/us/giuliani-ukraine-oligarchs.html; (As leased emails show that the OMB official Cooper Before the H. Perm. Select Comm. on In- noted prior, Victoria Toensing, along with Mike Duffey sent Acting Comptroller Elaine telligence, Joint with the Comm. on Oversight her Partner Joe DiGenova, were retained by McCusker a copy of the Washington Exam- and Reform and the Comm. on Foreign Affairs, pro-Putin Ukrainian oligarch Dmitry iner article on June 19, 2019 and said the 116th Cong. 47 (2019). (Deputy Assistant Sec- Firtash in July 2019. Facing extradition re- President ‘‘has asked about this funding re- retary of Defense Laura Cooper testified that lated to a bribery charge in Chicago in 2014, lease.’’); Eric Lipton, Maggie Haberman and at an interagency meeting soon after learn- Mr. Firtash was convinced by Mr. Giuliani Mark Mazzetti, Behind the Ukraine Aid ing that the hold was implemented for and his associates to get new legal represen- Freeze: 84 Days of Conflict and Confusion, N.Y. Ukraine security assistance the ‘‘deputies tation to better ingratiate himself with the Times, Dec. 29, 2019, https:// began to raise concerns about how this [the leadership at the Department of Justice www.nytimes.com/2019/12/29/us/politics/ hold] could be done a legal fashion . . .’’) under the Trump Administration. Mr. trump-ukraine-military- 133. Corey Welt, Cong. Research Serv., Firtash told the New York Times that Mr. aid.html?wpisrc=nl_powerup&wpmm=1. (The R45008, Ukraine: Background Conflict with Parnas and Mr. Fruman told him: ‘‘We may New York Times reported that OMB Officials Russia and U.S. Policy 30 (2019). help you, we are offering you good lawyers in learned President Trump had ‘‘a problem 134. Deposition of: Laura Katherine Cooper D.C. who might represent you and deliver with the aid’’ on June 19, 2019. The report Before the H. Perm. Select Comm. on Intel- this message to the U.S. DOJ.’’ Mr. Firtash further indicates: ‘‘Typical of the Trump ligence, Joint with the Comm. on Oversight and said that his contract to Ms. Toensing and White House, the inquiry was not born of a Reform and the Comm. on Foreign Affairs, Mr. DiGenova was $300,000 per month. Mr. rigorous policy process. Aides speculated 116th Cong. 47 (2019). (Deputy Assistant Sec- retary of Defense Cooper further explained Parnas’s lawyer told the New York Times, that someone had shown Mr. Trump a news that the conversation, ‘‘reflected a sense ‘‘Per Mr. Giuliani’s instructions, Mr. Parnas article about the Ukraine assistance and he that there was not an understanding of how told Mr. Firtash that Ms. Toensing and Mr. demanded to know more . . . [Acting OMB this [the hold] could legally play out,’’ and DiGenova were interested in collecting infor- Director Russell] Vought and his team took that ‘‘there was not an available [legal] mation on the Bidens.’’) to Google, and came upon a piece in the con- mechanism to simply not spend money’’ au- 106. See Eliana Johnson, Darren servative Washington Examiner saying that thorized, appropriated and notified to Con- Samuelsohn, Andrew Restuccia, and Daniel the Pentagon would pay for weapons and other military equipment for Ukraine, bring- gress for Ukraine.) Lippman, Trump: Discussing a Biden Probe 135. See Just Security FOIA Releases, supra ing American security aid to the country to with Barr Would Be ‘Appropriate’, Politico, note 126. May 10, 2019, https://www.politico.com/story/ $1.5 billion since 2014.’’) 136. See S. Rep. No. 93–688, at 75 (1987). (The 127. Deposition of: Mark Sandy Before the H. 2019/05/10/trump-biden-ukraine-barr-1317601. legislative history indicates that the purpose Perm. Select Comm. On Intelligence, Joint with 107. Charles Creitz, Giuliani Cancels Ukraine of the ICA was to ensure that ‘‘the practice the Comm. on Oversight and Reform and the Trip, Says He’d Be ‘‘Walking into a Group of of reserving funds does not become a vehicle Comm. on Foreign Affairs, 116th Cong. 39 People that are Enemies of the US,’’, Fox News, for furthering Administration policies and (2019). (OMB official Mark Sandy testified May 11, 2019, https://www.foxnews.com/poli- priorities at the expense of those decided by that he received an email on July 12, 2019, tics/giuliani-i-am-not-going-to-ukraine-be- Congress.’’) cause-id-be-walking-into-a-group-of-people- forwarded from White House aide Robert 137. U.S. Govt. Accountability Office, Legal that-are-enemies-of-the-us. Blair, which stated that the President had Decision Regarding Office of Management 108. Interview of: Kurt Volker, supra note 94, directed a hold on Ukraine security assist- and Budget—Withholding of Ukraine Security at 305; Impeachment Inquiry: Ambassador Gor- ance.); Deposition of: Jennifer Williams Before Assistance, File B–3311564, 1 (Jan. 16, 2020). don Sondland Before the H. Perm. Select Comm. the H. Perm. Select Comm. On Intelligence, 138. Memorandum from The White House of on Intelligence, 116th Cong. 8, 21 (2019) (state- Joint with the Comm. on Oversight and Reform President Trump’s Telephone Conversation ment of Amb. Sondland). and the Comm. on Foreign Affairs, 116th Cong. with President Zelenskyy of Ukraine (July 109. Interview of: Kurt Volker, supra note 94, 55 (2019). (Vice Presidential aide, Jennifer 25, 2019). at 31. Interview of: Ambassador Gordon Williams testified that she learned of a hold 139. Donald J. Trump (@realDonaldTrump), Sondland Before the H. Perm. Select Comm. On on State Department security assistance Twitter (Jan. 16, 2020, 3:39 PM), https://twit- Intelligence, Joint with the Comm. on Oversight funds (FMF) on July 3, 2019.) ter.com/realDonaldTrump/status/ and Reform and the Comm. on Foreign Affairs, 128. Impeachment Inquiry: Fiona Hill and 1217909231946477575?s=20 (President Trump has 116th Cong. 90 (2019). David Holmes, supra note 57, at 26. (Multiple repeatedly claimed that his call with Presi- 110. Interview of: Ambassador Gordon witnesses testified to this announcement oc- dent Zelensky on July 25 was perfect. For ex- Sondland Before the H. Perm. Select Comm. On curring at the July 18 interagency meeting ample, on January 16, 2020 President Trump Intelligence, Joint with the Comm. on Oversight on Ukraine, including Political Counselor to tweeted, ‘‘I JUST GOT IMPEACHED FOR and Reform and the Comm. on Foreign Affairs, US Embassy in Ukraine, David Holmes.). MAKING A PERFECT PHONE CALL!’’) 116th Cong. 91–92 (2019). 129. Impeachment Inquiry: Ambassador Wil- 140. Memorandum from The White House of 111. Id. at 71. liam B. Taylor and Mr. George Kent Before the President Trump’s Telephone Conversation 112. Id. at 22. H. Perm. Select Comm. on Intelligence, 116th with President Zelenskyy of Ukraine 3 (July 113. Deposition of: William B. Taylor Before Cong. 35 (2019). (For instance, Ambassador 25, 2019). the H. Perm. Select Comm. On Intelligence, Taylor testified the directive had come from 141. Id. Joint with the Comm. on Oversight and Reform the President to the Chief of Staff to OMB, 142. Id. and the Comm. on Foreign Affairs, 116th Cong. ‘‘but could not say why.’’) 143. Id. at 4. 23 (2019) (statement of Amb. Taylor). 130. Impeachment Inquiry: Ms. Jennifer Wil- 144. Id. at 4, 5. (The President referenced 114. Impeachment Inquiry: Ambassador Gor- liams and Lieutenant Colonel Alexander Attorney General Barr several times during don Sondland Before the H. Perm. Select Comm. Vindman, supra note 123, at 14–15. (For in- his phone call with President Zelensky.) on Intelligence, 116th Cong. 27 (2019) (state- stance, Vice Presidential aide Williams testi- 145. See Katie Benner, Justice Dept.’s Dis- ment of Amb. Sondland). fied that from when she first learned about missal of Ukraine Call Raises New Questions 115. Impeachment Inquiry: Fiona Hill and the hold on July 3, 2019, until it was lifted on About Barr, N.Y. Times, Sept. 25, 2019, https:// David Holmes, supra note 57, at 92. September 11, 2019, she never came to under- www.nytimes.com/2019/09/25/us/politics/wil- 116. Impeachment Inquiry: Ambassador Gor- stand why President Trump ordered the liam-barr-trump-ukraine.html. (As noted in don Sondland, supra note 114, at 18. hold.); Deposition of: Lieutenant Colonel Alex- the article, after the memorandum of tele- 117. Impeachment Inquiry: Ambassador Kurt ander S. Vindman Before the H. Perm. Select phone conversation from July 25th became Volker and Timothy Morrison Before the H. Comm. on Intelligence, Joint with the Comm. on public, the Justice Department spokesperson Perm. Select Comm. on Intelligence, 116th Cong. Oversight and Reform and the Comm. on For- stated, ‘‘Mr. Trump has not asked Mr. Barr 18 (2019) (statement of Mr. Morrison). eign Affairs, 116th Cong. 306 (2019). (Similarly, to contact Ukraine for any reason, Mr. Barr 118. Id. at 41. NSC official Lt. Col Vindman testified, none has not communicated with Ukraine on any 119. Id. at 94. of the ‘‘facts on the ground’’ changed before topic and Mr. Barr has not spoken with Mr. 120. Id. at 19. the President lifted the hold.) Giuliani about the president’s phone call ‘‘or 121. Impeachment Inquiry: Fiona Hill and 131. 166 Cong. Rec. 19, S688 (daily ed. Jan. anything related to Ukraine.’’) David Holmes, supra note 57, at 65–66. 29, 2020) (statement of Mr. Manager Crow). 146. See Mark Mazzetti & Katie Benner, 122. Id. at 66. 132. Deposition of: Mark Sandy Before the H. Trump Pressed Australian Leader to Help Barr 123. Impeachment Inquiry: Ms. Jennifer Wil- Perm. Select Comm. on Intelligence, Joint with Investigate Mueller Inquiry’s Origins, N.Y. liams and Lieutenant Colonel Alexander the Comm. on Oversight and Reform and the Times, Sept. 30, 2019, https:// Vindman Before the H. Perm. Select Comm. on Comm. on Foreign Affairs, 116th Cong. 51 www.nytimes.com/2019/09/30/us/politics/ Intelligence, 116th Cong. 19 (2019). (2019). (For instance, OMB official Mark trump-australia-barr-mueller.html. Kim 124. Impeachment Inquiry: Fiona Hill and Sandy testified that he conferred with other Sengupta, ‘‘It’s Like Nothing We Have Come David Holmes, supra note 57, at 66. officials such as Acting Deputy Assistant Across Before’’: UK Intelligence Officials Shak- 125. Id. at 67. Secretary (Comptroller) Elaine McCusker, en By Trump Administration’s Requests For

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.098 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1201 Help With Counter-Impeachment Inquiry, The claimed that the House Impeachment Man- 168. Deposition of: Tim Morrison Before the H. Independent, Nov. 1, 2019, https:// agers didn’t try to obtain first hand wit- Perm. Select Comm. on Intelligence, Joint with www.independent.co.uk/news/world/americas/ nesses while they were making their case in the Comm. on Oversight and Reform and the us-politics/trump-impeachment-inquiry-lat- the House. The President’s Counsel argued, Comm. on Foreign Affairs, 116th Cong. 268 est-russia-mueller-ukraine-zelensky- ‘‘They didn’t even subpoena John Bolton. (2019). a9181641.html. Katie Benner & Adam Gold- They didn’t even try to get his testimony. To 169. Maggie Haberman & Michael S. man, Justice Dept. is Said to Open Criminal In- insist now that this body will become the in- Schmidt, Trump Tied Ukraine Aid to Inquiries quiry Into Its Own Russia Investigation, N.Y. vestigative body—that this body will have to He Sought, Bolton Book Says, N.Y. Times, Times, Oct. 24, 2019, https:// do all of the discovery—then, this institution Jan. 26, 2020, https://www.nytimes.com/2020/ www.nytimes.com/2019/10/24/us/politics/john- will be effectively paralyzed for months on 01/26/us/politics/trump-bolton-book- durham-criminal-investigation.html. (De- end because it will have to sit as a Court of ukraine.html. spite denials that the Attorney General had Impeachment while now discovery will be 170. Text Messages from Gordon Sondland, no knowledge of the topics discussed on the done. It would be Ambassador Bolton, and if U.S. Ambassador to EU, to Kurt Volker, U.S. call, the Attorney General opened a Depart- there are going to be witnesses, in order for Ambassador to NATO and Special Envoy to ment of Justice investigation in April 2019, there to be, as they said, a fair trial, fair ad- Ukraine (Aug. 9, 2019) (on file with H. Perm. into the origins of the counterintelligence judication, then, the President would have to Select Comm. on Intelligence). (The effort investigation against the Trump campaign have his opportunity to call his witnesses, began with a text message from Ambassador in 2016. Aspects of this investigation in- and there would be depositions. This would Sondland to Ambassador Volker stating, ‘‘I volved contacting foreign leaders and asking drag on for months. Then that will be the think POTUS really wants the deliverable.); that their governments investigate aspects new precedent.’’ As the House Impeachment See Interview of: Kurt Volker, supra note 94, at of their involvement in that investigation. Managers argued, these assertions do not ac- 71–72. For example, at the Attorney General’s re- tually represent the facts, ‘‘We asked John 171. Interview of: Kurt Volker, supra note 94, quest, the President asked the governments Bolton to testify in the House, and he re- at 71. of Australia and the United Kingdom to as- fused. We asked his deputy, Dr. Kupperman, 172. Interview of: Kurt Volker, supra note 94, sist with the investigation including looking to testify, and he refused. Fortunately, we at 113. at the role that their intelligence and law asked their deputy, Dr. Fiona Hill, to testify, 173. Text Messages from Kurt Volker, U.S. enforcement agencies played. The New York and she did. We asked her deputy, Colonel Ambassador to NATO and Special Envoy to Times further reported that Attorney Gen- Vindman, to testify, and he did. We did seek Ukraine, to Gordon Sondland, U.S. Ambas- eral Barr ‘‘is closely managing the investiga- the testimony of John Bolton as well as Dr. sador to EU, and Andriy Yermak, Aide to tion even traveling to Italy to seek help Kupperman, and they refused. When we sub- Ukrainian President Zelensky (Aug. 13, 2019) from foreign officials there . . . Mr. Barr has poenaed Dr. Kupperman, he sued us. He took (on file with H. Perm. Select Comm. on In- also contacted government officials in Brit- us to court. When we raised a subpoena with telligence); Interview of: Kurt Volker, supra ain and Australia about their roles in the John Bolton’s counsel, the same counsel for note 94, at 71, 73. early stages of the Russia investigation.).); Dr. Kupperman, the answer was, ‘. . . you 174. Interview of: Kurt Volker, supra note 94, Interview by Rachel Maddow supra note 88. serve us with a subpoena, and we will sue at 188–189; See generally Text Message from (Additionally, Giuliani associate Lev Parnas you, too.’’ We knew, based on the McGahn Gordon Sondland, U.S. Ambassador to EU, to litigation, it would take months, if not stated publicly that Attorney General Barr, Kurt Volker, U.S. Ambassador to NATO and years, to force John Bolton to come and tes- ‘‘had to know everything’’ and was ‘‘basi- Special Envoy to Ukraine (Aug. 9, 2019) (on tify.’’) cally on the team.’’) file with H. Perm. Select Comm. on Intel- 155. Just Security FOIA Releases, supra 147. Text Message from Kurt Volker, U.S. ligence); Text Messages from Kurt Volker, note 126, at 40. Ambassador to NATO and Special Envoy to U.S. Ambassador to NATO and Special 156. Impeachment Inquiry: Fiona Hill and Ukraine, to Gordon Sondland, U.S. Ambas- Envoy to Ukraine, to Andriy Yermak, Aide David Holmes supra note 57, at 29. sador to EU, and William B. Taylor, Charge to Ukrainian President Zelensky (Aug. 10–12, 157. Id. at 29–30. 2019) (on file with H. Perm. Select Comm. on d’affaires at the U.S. Embassy in Kyiv (July 158. Mick Mulvaney, Acting Chief of Staff, Intelligence); (Ambassador Volker testified 19, 2019) (on file with H. Perm. Select Comm. The White House, at Press Briefing by Act- in his closed interview regarding the process on Intelligence). ing Chief of Staff Mick Mulvaney (Oct. 17, on the draft statement: ‘‘Rudy discussed, 148. Impeachment Inquiry: Ambassador Gor- 2019). don Sondland, supra note 114, at 27. 159. Id. Rudy Giuliani and Gordon [Sondland] and I, 149. Id. at 94–95. 160. Id. what it is they are looking for. And I shared 150. Id. at 52–55.; Text Message from Gordon 161. Caitlin Emma & Connor O’Brien, that with Andriy [Yermak]. And then Andriy Sondland, U.S. Ambassador to EU, to Kurt Trump Holds Up Ukraine Military Aid Meant to came back to me and said: We don’t think Volker, U.S. Ambassador to NATO and Spe- Confront Russia, Politico, Aug. 28, 2019, it’s a good idea. So that was obviously before cial Envoy to Ukraine (July 25, 2019) (on file https://www.politico.com/story/2019/08/28/ Andriy came back and said: We don’t want to with H. Perm. Select Comm. on Intel- trump-ukraine-military-aid-russia-1689531. do that.’’ Ambassador Volker further elabo- ligence). 162. Impeachment Inquiry: Ms. Laura Cooper rated: ‘‘So the Ukrainians were saying that 151. Text Message from Kurt Volker, U.S. and Mr. David Hale Before the H. Perm. Select just coming out of the blue and making a Ambassador to NATO and Special Envoy to Comm. on Intelligence, 116th Cong. 14 (2019) statement didn’t make any sense to them. If Ukraine, to Gordon Sondland, U.S. Ambas- (statement of Ms. Cooper). they’re invited to come to the White House sador to EU, and William B. Taylor, Charge 163. Deposition of: Catherine Croft Before the on a specific date for President Zelensky’s d’affaires at the U.S. Embassy in Kyiv (July H. Perm. Select Comm. on Intelligence, Joint visit, then it would make sense for President 19, 2019) (on file with H. Perm. Select Comm. with the Comm. on Oversight and Reform and Zelensky to come out and say something, on Intelligence); Text Message from Gordon the Comm. on Foreign Affairs, 116th Cong. 86– and it would be a much broader statement Sondland, U.S. Ambassador to EU, to Kurt 87, 101 (2019). (Croft, a career foreign service about a reboot of U.S.-Ukraine relations, not Volker, U.S. Ambassador to NATO and Spe- officer, further testified that she was sur- just on we’re investigating these things [2016/ cial Envoy to Ukraine (July 25, 2019) (on file prised at the effectiveness of their ‘‘diplo- Burisma].’’) with H. Perm. Select Comm. on Intel- matic tradecraft,’’ noting that they ‘‘found 175. Deposition of: William B. Taylor, supra ligence). (Text messages between Ambas- out very early on’’ that the United States note 113, at 190. sadors Sondland and Volker affirm that the was withholding critical security assistance 176. Id. at 36. message that Ambassador Volker passed to to Ukraine.) 177. Id. Mr. Yermak was passed by Ambassador 164. Andrew E. Kramer & Kenneth P. 178. Id. at 39–40. Volker in coordination with Ambassador Vogel, Ukraine Knew of Aid Freeze by Early 179. Deposition of: David A. Holmes Before the Sondland. On July 25, just prior to the phone August, Undermining Trump Defense, N.Y. H. Perm. Select Comm. on Intelligence, Joint call between Presidents Trump and Times, Oct. 23, 2019, https:// with the Comm. on Oversight and Reform and Zelensky, Ambassador Sondland texted to www.nytimes.com/2019/10/23/us/politics/ the Comm. on Foreign Affairs, 116th Cong. 28 Ambassador Volker: ‘‘call me.’’ Ambassador ukraine-aid-freeze-impeachment.html. (2019). Volker replied, ‘‘Had a great lunch w[ith] 165. Id. 180. Deposition of: William B. Taylor, supra Yermak and then passed your message to 166. Deposition of: Lieutenant Colonel Alex- note 113, at 39. (For instance, Ambassador him . . . think everything is in place.’’) ander S. Vindman Before the H. Perm. Select Taylor testified that he spoke to Sondland 152. Memorandum from The White House of Comm. on Intelligence, Joint with the Comm. on by phone and that Sondland, ‘‘said he had President Trump’s Telephone Conversation Oversight and Reform and the Comm. on For- talked to President Trump . . . Trump was with President Zelensky of Ukraine 5 (July eign Affairs, 116th Cong. 314 (2019). adamant that President Zelensky himself 25, 2019). 167. Eric Lipton, Maggie Haberman and had to clear things up and do it in public.’’); 153. Impeachment Inquiry: Ms. Jennifer Wil- Mark Mazzetti, Behind the Ukraine Aid Impeachment Inquiry: Ambassador Gordon liams and Lieutenant Colonel Alexander Freeze: 84 Days of Conflict and Confusion, N.Y. Sondland, supra note 114, at 109. (Ambassador Vindman, supra note 123, at 31. Times, Dec. 29, 2019, https:// Sondland did not dispute Taylor’s character- 154. 166 Cong. Rec. 19, S647 (daily ed. Jan. www.nytimes.com/2019/12/29/us/politics/ ization of these accounts.) 29, 2020) (statement of Mr. Counsel Philbin). trump-ukraine-military- 181. Impeachment Inquiry: Ambassador Gor- (For example, the President’s counsel falsely aid.html?wpisrc=nl_powerup&wpmm=1. don Sondland, supra note 114, at 19.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.100 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1202 CONGRESSIONAL RECORD — SENATE February 27, 2020 182. Impeachment Inquiry: Ambassador Wil- with President-Elect Zelenskyy of Ukraine ‘‘Andriy [Yermak, President Zelensky’s close liam B. Taylor and Mr. George Kent, supra (Apr. 21, 2019); Memorandum from The White aide] asked whether any request had ever note 129, at 44. House of President Trump’s Telephone Con- been made by the U.S. to investigate elec- 183. Id. at 44, 46. versation with President Zelenskyy of tion interference in 2016.’’ Ambassador 184. Letter from Whistleblower to Adam Ukraine (July 25, 2019). Volker confirmed in his testimony that Schiff, Chairman, H. Perm. Select Comm. on 202. Impeachment Inquiry: Ms. Jennifer Wil- Yermak’s inquiry equated to ‘‘a request from Intelligence, and Richard Burr, Chairman, S. liams and Lieutenant Colonel Alexander the Department of Justice.’’) Select Comm. on Intelligence (August 12, Vindman, supra note 123, at 24–25. (Lt. Col. 210. Interview of: Kurt Volker, supra note 94, 2019). Vindman testified that recommended talk- at 199. (Ambassador Volker testified that to 185. Id. ing points for the April 21 call included root- his knowledge there was not an official 186. Michael S. Schmidt, Julian E. Barnes, ing out corruption.); See Memorandum from United States Department of Justice re- and Maggie Haberman, Trump Knew of Whis- The White House of President Trump’s Tele- quest.). tleblower Complaint When He Released Aid to phone Conversation with President-Elect 211. European Union External Action, EU- Ukraine, N.Y. Times, Nov. 26, 2019, https:// Zelenskyy of Ukraine (Apr. 21, 2019). (The Ukraine Relations—Factsheet (Jan. 28, 2020), www.nytimes.com/2019/11/26/us/politics/ memorandum of telephone call from April 21 https://eeas.europa.eu/headquarters/head- trump-whistle-blower-complaint- shows the issue was not raised.); Impeachment quarters-homepage_en/4081/%20EU- ukraine.html. Inquiry: Ms. Jennifer Williams and Lieutenant 187. Letter from Michael K. Atkinson, In- Ukraine%20relations%20-%20factsheet; Iain Colonel Alexander Vindman, supra note 123, at King, Not Contributing Enough? A Summary spector General, the Intelligence Commu- 31. (Lt. Col Vindman further testified that he nity, to Adam Schiff, Chairman, House of European Military and Development As- prepared the President’s talking points for sistance to Ukraine Since 2014 (Ctr. for Stra- Perm. Select Comm. on Intelligence, and his July 25th phone call with President Devin Nunes, Ranking Member, House Perm. tegic & Int’l Studies, Sept. 26, 2019), https:// Zelensky and the topics for that call in- www.csis.org/analysis/not-contributing- Select Comm. on Intelligence (Sep. 9, 2019). cluded, ‘‘cooperation on supporting a reform 188. Press Release, H. Perm. Select Comm. enough-summary-european-military-and-de- agenda, anticorruption efforts, and helping on Intelligence, Three House Committees velopment-assistance-ukraine-2014. President Zelensky implement his plans to Launch Wide-Ranging Investigation into 212. See further discussion of this topic at end Russia’s war against Ukraine.’’); Memo- Trump-Giuliani Ukraine Scheme (Sept. 9, page 21. randum from The White House of President 2019). (On September 9, 2019, the House For- 213. Id. Trump’s Telephone Conversation with Presi- eign Affairs Committee, in conjunction with 214. Deposition of: Mark Sandy Before the H. dent Zelenskyy of Ukraine (July 25, 2019). the House Permanent Select Committee on Perm. Select Comm. on Intelligence, Joint with (The memorandum of telephone call from Intelligence, and House Committee on Over- the Comm. on Oversight and Reform and the July 25, 2019, indicates that the President did sight and Government Reform launched ‘‘a Comm. on Foreign Affairs, 116th Cong. 143 not raise these issues.); Impeachment Inquiry: wide-ranging investigation into reported ef- (2019). (Mr. Sandy testified that OMB Official Kurt Volker and Timothy Morrison, supra note forts by President Trump, the President’s Mike Duffey, ‘‘simply said, we need to let the 117, at 34. (NSC official Morrison testified personal lawyer Rudy Giuliani, and possibly hold take place . . . and then revisit this that references to Crowdstrike, the DNC others to pressure the government of issue with the President.’’) server, and 2016 election, and to Vice Presi- Ukraine to assist the President’s reelection 215. Id. at 179. (Mr. Sandy responded dent Biden and his son, were not included in campaign.’’) ‘‘that’s correct’’ to the question: ‘‘at some the President’s talking points as written by 189. See Just Security Releases, supra note point in early September, Mr. Blair stopped 126, at 1. the NSC.) 203. Deposition of: Tim Morrison, supra note by your office and told you that the reason 190. Kenneth P. Vogel & Benjamin Novak, for the hold was out of concern that the Giuliani, Facing Scrutiny, Travels to Europe to 168, at 41. 204. See further discussion of this topic on United States gives more aid to Ukraine Interview Ukrainians, N.Y Times, Dec. 4, 2019, pages 22–23. than other countries? Or, rather, that other https://www.nytimes.com/2019/12/04/us/poli- 205. See further discussion of this topic on countries should give more as well.’’) tics/giuliani-europe-impeachment.html. page 23. 216. Id. at 180. (For instance, Mr. Giuliani met with Mr. 206. Impeachment Inquiry: Ambassador Marie 217. U.S. Govt. Accountability Office, supra Shokin in Ukraine as part of a trip to gen- ‘‘Masha’’ Yovanovitch Before the H. Perm. Se- note 137. erate additional information on the Bidens lect Comm. on Intelligence, 116th Cong. 115 218. Kate Brannen, Exclusive: Unredacted and 2016 election collusion. According to the (2019). (For instance, during her testimony, Ukraine Documents Reveal Extent of Penta- New York Times, Giuliani’s trip was intended Ambassador Yovanovitch was asked whether gon’s Level Concerns, Just Security, Jan. 2, ‘‘to help prepare more episodes of a docu- it was appropriate to investigate corruption 2020, https://www.justsecurity.org/67863/exclu- mentary series for a conservative television including a potentially corrupt company sive-unredacted-ukraine-documents-reveal- outlet promoting his pro-Trump, anti-im- such as Burisma. Ambassador Yovanovitch extent-of-pentagons-legal-concerns/. peachment narrative.’’) responded: ‘‘I think it’s appropriate if it’s 219. Deposition of: Laura Katherine Cooper, 191. Opinion Memorandum of United States part of our national strategy. What I would supra note 134, at 79–81. Senator John F. Reed, supra note 38, at 3. say is that we have a process for doing that. 192. Id. at 9 220. Id. at 80–81. It’s called the Mutual Legal Assistance Trea- 193. Deposition of: Lieutenant Colonel Alex- 221. Office of the Director of National In- ty. We have one with Ukraine, and generally ander S. Vindman, supra note 166, at 18. telligence, National Intelligence Council, 194. Impeachment Inquiry: Ms. Jennifer Wil- it goes from our Department of Justice to supra note 63. liams and Lieutenant Colonel Alexander the Ministry of Justice in the country of in- 222. Staff of the S. Select Comm. on Intel- Vindman, supra note 123, at 15. terest.’’); Interview of: George Kent, supra ligence, 115th Cong., Rep. on The Intelligence 195. Deposition of: Jennifer Williams Before note 63, at 158. (Deputy Assistant Secretary Community Assessment: Assessing Russian the H. Perm. Select Comm. on Intelligence, Joint Kent, a career diplomat and recognized ex- Activities and Intentions in Recent U.S. with the Comm. on Oversight and Reform and pert on anti-corruption measures stated in Elections 2 (Comm. Print 2018). (On July 3, the Comm. on Foreign Affairs, 116th Cong. 149 his deposition: ‘‘. . . if there’s any criminal 2018, the Senate Select Committee on Intel- (2019). nexus for any activity involving the U.S., ligence announced that they had concluded 196. Deposition of: Lieutenant Colonel Alex- that U.S. law enforcement by all means an in-depth review of the Intelligence Com- ander S. Vindman, supra note 166, at 97; Depo- should pursue that case, and if there’s an mittee’s January 6, 2017, assessment and con- sition of: Tim Morrison, supra note 168, at 16. international connection, that we have cluded that the assessment ‘‘is a sound intel- 197. Letter from Whistleblower, supra note mechanisms to ask either through Depart- ligence product.’’) 184, at 3. ment of Justice MLAT in writing or through 223. 1 Mueller, supra note 60, at 1. (Special 198. Letter from John C. Rood, Under Sec- the presence of individuals representing the Counsel Mueller concluded ‘‘the Russian gov- retary of Defense, U.S. Department of De- FBI, our legal attaches, to engage foreign ernment interfered . . . in sweeping and sys- fense, to Eliot L. Engel, Chairman, H. Comm. governments directly based on our concerns tematic fashion.’’) on Foreign Affairs (May 23, 2019). that there had been some criminal act vio- 224. Impeachment Inquiry: Fiona Hill and 199. Deposition of: Laura Katherine Cooper, lating U.S. law.’’) David Holmes, supra note 57 (statement of Dr. supra note 134, at 49. (Ms. Cooper testified 207. Memorandum from The White House of Fiona Hill). that the officials present at the July 26 President Trump’s Telephone Conversation meeting did not consider corruption to be a with President Zelensky of Ukraine (July 25, 225. Impeachment Inquiry: Ambassador Kurt legitimate reason for the hold because they 2019). Volker and Timothy Morrison, supra note 117, unanimously agreed that Ukraine was mak- 208. Caitlin Oprysko, Trump pressed at 11. ing sufficient progress on anti-corruption re- Ukraine’s president to work with Barr for dirt 226. Id. forms, as certified by the Defense Depart- on Biden, Politico, Sep. 25, 2019, https:// 227. Impeachment Inquiry: Ambassador Wil- ment on May 23, 2019.) www.politico.com/story/2019/09/25/white- liam B. Taylor and Mr. George Kent, supra 200. Deposition of: William B. Taylor, supra house-releases-transcript-of-trumps-call- note 129, at 169–170. note 113, at 28. with-ukraines-president-1510767. 228. Id. at 57. 201. Memorandum from The White House of 209. Interview of: Kurt Volker, supra note 94, 229. Id. at 54. President Trump’s Telephone Conversation at 191. (Ambassador Volker testified that 230. Id. at 45.

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.102 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1203 231. Interview of: Kurt Volker, supra note 94, 247. Nancy Pelosi, Speaker, U.S. House of ter.com/realDonaldTrump/status/ at 15. Representatives, Impeachment Inquiry An- 1179925259417468928?s=20. 232. Interview of: George Kent, supra note 63, nouncement (Sep. 24, 2019). 262. Staff of H. Perm. Select Comm. on In- at 114. 248. Letter from Elijah E. Cummings, telligence, 116th Cong., Rep. on The Trump- 233. 165 Cong. Rec. 205, H12193 (daily ed. Chairman, H. Comm. on Oversight and Re- Ukraine Impeachment Inquiry 220–224 Dec. 18, 2019) (statement of Rep. Adam form, et al., to John Michael Mulvaney, Act- (Comm. Print 2019). Schiff). ing Chief of Staff to the President, The 263. Id. at 219–220. 234. H.R. Res. 755, 116th Cong. Art. II (2019). White House (Oct. 4, 2019). 264. Id. at 226–227. 235. Id. 249. Letter from Eliot L. Engel, Chairman, 265. Id. at 224–226. 236. See generally The Federalist Paper No. H. Comm. on Foreign Affairs, et al., to Mi- 266. Memorandum from The White House of 47 (James Madison) (Jacob E. Cooke ed., chael R. Pompeo, Secretary, U.S. Depart- President Trump’s Telephone Conversation 1961); The Federalist Paper No. 48 (James ment of State (Sept. 27, 2019); Letter from with President-Elect Zelenskyy of Ukraine Madison) (Jacob E. Cooke ed., 1961); The Fed- Eliot L. Engel, Chairman, H. Comm. on For- (Apr. 21, 2019). eralist Paper No. 49 (James Madison) (Jacob eign Affairs, et al., to T. Ulrich Brechbuhl, 267. Memorandum from The White House of E. Cooke ed., 1961); The Federalist Paper No. Counselor, U.S. Department of State (Oct. 25, President Trump’s Telephone Conversation 50 (James Madison) (Jacob E. Cooke ed., 2019). with President Zelenskyy of Ukraine (July 1961); The Federalist Paper No. 51 (James 250. Letter from Adam B. Schiff, Chairman, 25, 2019). Madison) (Jacob E. Cooke ed., 1961). (Fed- H. Perm. Select Comm. on Intelligence, et 268. Donald Trump, President, United eralist Papers No. 47 through No. 51 explain al., to Mark T. Esper, Secretary, U.S. De- States of America, Remarks by President how the Executive, Legislative, and Judicial partment of Defense (Oct. 7, 2019). Trump and President Niinist of the Republic Branches were to be wholly separated from 251. Letter from Adam B. Schiff, Chairman, of Finland in Joint Press Conference (Oct., 2, each other, yet accountable to each other H. Perm. Select Comm. on Intelligence, et 2019). (On October 2, 2019, President Trump through a system of checks and balances.); al., to Russell T. Vought, Acting Director, stated, ‘‘All because they didn’t know that I See also Nixon v. Administrator of General U.S. Office of Management and Budget (Oct. had a transcript done by very, very talented Services, 433 U.S. 425, 426 (1977). (In Nixon v. 7, 2019); Letter from Eliot L. Engel, Chair- people—word for word, comma for comma. GSA, the Supreme Court articulated the test man, H. Comm. on Foreign Affairs, et al., to Done by people that do it for a living. We for a violation of the separation of powers as Russell T. Vought, Acting Director, U.S. Of- had an exact transcript.’’) occurring when the action of one branch fice of Management and Budget (Oct. 25, 269. Deposition of: Lieutenant Colonel Alex- ‘‘prevents [another branch] from accom- 2019); Letter from Eliot L. Engel, Chairman, ander S. Vindman, supra note 166, at 53–55. 270. H.R. Rep. No. 116–346, at 134–135 (2019). plishing its constitutionally assigned func- H. Comm. on Foreign Affairs, et al., to Mi- (The following Trump Administration offi- tions.’’) chael Duffey, Associate Director for National cials defied congressional subpoenas direct- 237. U.S. Const. art. II, § 3. Security Programs, U.S. Office of Manage- ing them to testify in the impeachment in- 238. McGrain v. Daugherty, 273 U.S. 135, ment and Budget (Oct. 25, 2019). 174–175 (1927). (‘‘A legislative body cannot 252. Letter from Eliot L. Engel, Chairman, quiry: John Michael Mulvaney, Acting Chief legislate wisely or effectively in the absence H. Comm. on Foreign Affairs, et al., to of Staff to the President, The White House; of information respecting the conditions James Richard ‘‘Rick’’ Perry, Secretary, Robert B. Blair, Assistant to the President which the legislation is intended to affect or U.S. Department of Energy (Oct. 10, 2019). and Senior Advisor to the Chief of Staff, The change; and where the legislative body does 253. Letter from Adam B. Schiff, Chairman, White House; John A. Eisenberg, Deputy not itself possess the requisite information— H. Perm. Select Comm. on Intelligence, et Counsel to the President for National Secu- which not infrequently is true—recourse al., to Rudolph ‘‘Rudy’’ W. L. Giuliani, rity Affairs, the White House and Legal Ad- must be had to others who do possess it. Ex- Giuliani Partners LLC (Sept. 30, 2019). visor, National Security Council; Michael perience has taught that mere requests for 254. H.R. Rep. No. 116–266, at 3 (2019). Ellis, Senior Associate Counsel to the Presi- such information often are unavailing, and 255. Letter from Adam B. Schiff, Chairman, dent, The White House, and Deputy Legal also that information which is volunteered is H. Perm. Select Comm. on Intelligence, et Advisor, National Security Council; Preston not always accurate or complete; so some al., to Paul W. Butler, Esq., Counsel to Mi- Wells Griffith, Senior Director for Inter- means of compulsion are essential to obtain chael Ellis, Senior Associate Counsel to the national Energy and Environment, National what is needed. All this was true before and President, The White House, and Deputy Security Council; Russell T. Vought, Acting when the Constitution was framed and Legal Advisor, National Security Council Director, Office of Management and Budget; adopted. In that period the power of in- (Nov. 3, 2019); Letter from Adam B. Schiff, Michael Duffey, Associate Director for Na- quiry—with enforcing process—was regarded Chairman, H. Perm. Select Comm. on Intel- tional Security Programs, Office of Manage- and employed as a necessary and appropriate ligence, et al., to Karen Williams, Esq., ment and Budget; Brian McCormack, Asso- attribute of the power to legislate—indeed, Counsel to Preston Wells Griffith, Senior Di- ciate Director for Natural Resources, Energy was treated as inhering in it. Thus there is rector for International Energy and Environ- and Science, Office of Management and ample warrant for thinking, as we do, that ment, National Security Council (Nov. 4, Budget, and former Chief of Staff to Sec- the constitutional provisions which commit 2019). retary, U.S. Department of Energy; and T. the legislative function to the two houses 256. Letter from Adam B. Schiff, Chairman, Ulrich Brechbuhl, Counselor, Department of are intended to include this attribute to the H. Perm. Select Comm. on Intelligence, et State). end that the function may be effectively ex- al., to Whitney C. Ellerman, Counsel to Rob- 271. Staff of H. Perm. Select Comm. on In- ercised.’’) ert B. Blair, Assistant to the President and telligence, 116th Cong., Rep. on The Trump- 239. Kilbourn v. Thompson, 103 U.S. 168, 190 Senior Advisor to the Chief of Staff, The Ukraine Impeachment Inquiry 222–224 (1880). White House (Nov. 3, 2019); H. Perm. Select (Comm. Print 2019). 240. U.S. Const. art. I, § 2, cl. 5. Comm. on Intelligence, Subpoena to John 272. Id. at 225. 241. Frank O. Bowman III, High Crimes & Michael Mulvaney, Acting Chief of Staff, 273. Id. at 226–227. Misdemeanors: A History of Impeachment The White House (Nov. 7, 2019). 274. Id. at 25, 108–109, 134–135, 137–138. for the Age of Trump 199–200 (2019). (‘‘The 257. Letter from Eliot L. Engel, Chairman, 275. Donald J. Trump (@realDonaldTrump), subpoena power in impeachment cases arises H. Comm. on Foreign Affairs, et al., to Brian Twitter (Oct. 8, 2019, 9:23 AM), https://twit- directly from an explicit constitutional di- McCormack, Associate Director for Natural ter.com/realDonaldTrump/status/ rective that the House conduct an adjudica- Resources, Energy and Science, U.S. Office of 1181560772255719424. (Ten days before Ambas- tive proceeding akin to a grand jury, the suc- Management and Budget (Nov. 1, 2019). sador Sondland’s deposition before the House cess of which is necessarily dependent on the 258. Letter from Adam B. Schiff, Chairman, Permanent Select Committee on Intel- availability of relevant evidence. Without H. Perm. Select Comm. on Intelligence, et ligence, the President issued two tweets, in- the power to compel compliance with sub- al., to Justin Shur, Esq., Counsel to Jennifer dicating that Ambassador Sondland should poenas and the concomitant right to im- Williams, Special Advisor for Europe and not cooperate because he had done nothing peach a president for refusal to comply, the Russia, Office of the Vice President (Nov. 4, wrong: ‘‘I would love to send Ambassador impeachment power would be nullified.’’) 2019); H. Perm. Select Comm. on Intel- Sondland, a really good man and great 242. Cong. Globe, 27th Cong., 2d Sess. 580 ligence, Subpoena to Jennifer Williams, Spe- American, to testify, but unfortunately he (1842) (statement of Rep. John Quincy cial Advisor for Europe and Russia, Office of would be testifying before a totally com- Adams). the Vice President (Nov. 19, 2019). promised kangaroo court, where Repub- 243. H.R. Rep. 93–1305, at 4 (1974). 259. Letter from Pat A. Cipollone, Counsel lican’s rights have been taken away, and 244. H.R. Res. 660, 116th Cong. (2019). to the President, The White House, to Nancy true facts are not allowed out for the public. 245. Press Release, H. Perm. Select Comm. Pelosi, Speaker, U.S. House of Representa- . . . to see. Importantly, Ambassador on Intelligence, Three House Committees tives, et al. 7 (Oct. 8, 2019). Sondland’s tweet, which few report, stated, I Launch Wide-Ranging Investigation into 260. Jordyn Phelps, ‘We’re Fighting All the believe you are incorrect about President Trump-Giuliani Ukraine Scheme (Sept. 9, Subpoenas’: Trump on Battle with House Demo- Trump’s intentions. The President has been 2019). crats, ABC News, Apr. 24, 2019, https:// crystal clear: no quid pro quo’s of any kind.’ 246. Letter from Eliot L. Engel, Chairman, abcnews.go.com/Politics/fighting-subpoenas- That says it ALL!’’) H. Comm. on Foreign Affairs, et al., to Pat trump-battle-democrats/story?id=62600497. 276. Donald J. Trump (@realDonaldTrump), Cipollone, Counsel to the President, The 261. Donald J. Trump (@realDonaldTrump), Twitter (Oct. 23, 2019, 2:58 PM), https://twit- White House, (Sep. 9, 2019). Twitter (Oct. 3. 2019, 9:04 PM), https://twit- ter.com/realdonaldtrump/status/

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.105 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1204 CONGRESSIONAL RECORD — SENATE February 27, 2020 1187080923961012228?lang=en. (The day after 283. McGrain v. Daugherty, 273 U.S. 135, 175 ‘‘essential check in the hands of [Congress] Ambassador Taylor’s October 22, 2019, deposi- (1927). (The Supreme Court in McGrain v. upon the encroachments of the executive’’ tion before the House Permanent Select Daugherty elaborated on Congress’ occa- and to ensure that the President could not be Committee on Intelligence, President Trump sional need to compel information, writing above the law.) suggested that Ambassador Taylor’s testi- that ‘‘A legislative body cannot legislate 295. Comm. on the Judiciary, U.S. House of mony was politically motivated: ‘‘Never wisely or effectively in the absence of infor- Representatives v. Miers, 558 F. Supp. 2d 53, Trumper Republican John Bellinger, rep- mation respecting the conditions which the 102–103 (2008). (‘‘Congress’s power of inquiry resents Never Trumper Diplomat Bill Taylor legislation is intended to affect or change; is as broad as its power to legislate and lies (who I don’t know), in testimony before Con- and where the legislative body does not itself at the very heart of Congress’s constitu- gress! Do Nothing Democrats allow Repub- possess the requisite information—which not tional role. Indeed, the former is necessary licans Zero Representation, Zero due proc- infrequently is true—recourse must be had to the proper exercise of the latter: accord- ess, and Zero Transparency. . . .’’) to others who do possess it. Experience has ing to the Supreme Court, the ability to 277. Donald J. Trump (@realDonaldTrump), taught that mere requests for such informa- compel testimony is ‘‘necessary to the effec- Twitter (Nov. 15, 2019, 10:01 AM), https://twit- tion often are unavailing, and also that in- tive functioning of courts and legislatures ... ter.com/realDonaldTrump/status/ formation which is volunteered is not always Thus, Congress’s use of (and need for vindica- 1195356211937468417. (The morning of her hear- accurate or complete; so some means of com- tion of) its subpoena power in this case is no ing on November 15, 2019, President Trump pulsion are essential to obtain what is need- less legitimate or important than was the issued a series of disparaging, accusatory ed.’’); See also Watkins v. United States, 354 grand jury’s in United States v. Nixon. Both tweets saying: ‘‘Everywhere Marie U.S. 178, 187–95 (1957); See also Eastland v. involve core functions of a co-equal branch Yovanovitch went turned bad. She started U.S. Servicemen’s Fund, 421 U.S. 491, 504–05 of the federal government, and for the rea- off in Somalia, how did that go? Then fast (1975). sons identified in Nixon, the President may forward to Ukraine, where the new Ukrain- 284. H.R. Doc. No. 115-77, at 586–588 (2019). only be entitled to a presumptive, rather ian President spoke unfavorably about her in 285. Watkins v. United States, 354 U.S. 178, than an absolute, privilege here. And it is my second phone call with him. It is a U.S. 179 (1957). (The Supreme Court held in Wat- certainly the case that if the President is en- President’s absolute right to appoint ambas- kins that ‘‘In authorizing an investigation by titled only to a presumptive privilege, his sadors.... They call it ‘‘serving at the a committee, it is essential that the Senate close advisors cannot hold the superior card pleasure of the President.’’ The U.S. now has or House should spell out the committee’s of absolute immunity.’’) a very strong and powerful foreign policy, jurisdiction and purpose with sufficient par- 296. Comm. on Judiciary, U.S. House of much different than proceeding administra- ticularity to insure that compulsory process Representatives v. McGahn, llF. Supp. 3d tions. It is called, quite simply, America is used only in furtherance of a legislative ll, No. 19–cv–2379 (KBJ), 2019 WL 6312011 First! With all of that, however, I have done purpose.’’ As such, the Court also held that (D.D.C. Nov. 25, 2019) (Ketanji Brown Jack- FAR more for Ukraine than O.’’) ‘‘a congressional investigation into indi- son, J.) (Rejecting the Department of Jus- 278. The White House (@WhiteHouse), vidual affairs is invalid if unrelated to any tice’s argument that presidential advisors Twitter (Nov. 19, 2019, 12:49 PM), https://twit- legislative purpose, because it is beyond the like Don McGahn enjoy absolute immunity from compelled congressional testimony.) ter.com/whitehouse/status/ powers conferred upon Congress by the Con- 297. William French Smith, Assertion of Ex- 1196848072929796096?lang=en. (During the stitution.’’) ecutive Privilege in Response to a Congressional hearing of Lt. Col Vindman on November 19, 286. Letter from Adam B. Schiff, Chairman, Subpoena in Opinions of the Legal Counsel, 2019, the official White House twitter ac- H. Perm. Select Comm. on Intelligence, et Department of Justice 31 (October 13, 1981) count tweeted the following message, sug- al., to Paul W. Butler, Esq., Counsel to Mi- (‘‘The accommodation required is not simply gesting that Lt. Col. Vindman was not a reli- chael Ellis, Senior Associate Counsel to the an exchange of concessions or a test of polit- able witness: ‘‘Tim Morrison, Alexander President, The White House, and Deputy Vindman’s former boss, testified in his depo- ical strength. It is an obligation of each Legal Advisor, National Security Council branch to make a principled effort to ac- sition that he had concerns about Vindman’s (Nov. 3, 2019); Letter from Adam B. Schiff, knowledge, and if possible to meet, the le- judgment.’’) Chairman, H. Perm. Select Comm. on Intel- 279. Donald J. Trump (@realDonaldTrump), gitimate needs of the other branch.’’) ligence, et al., to Karen Williams, Esq., 298. United States v. AT&T Co., 567 F.2d Twitter (Nov. 17, 2019, 2:57 PM), https://twit- Counsel to Preston Wells Griffith, Senior Di- 121, 127 (D.C. Cir. 1977). ter.com/realdonaldtrump/status/ rector for International Energy and Environ- 299. See e.g. Neal Devins, Congressional-Ex- 1196155347117002752?lang=en. (On Sunday, No- ment, National Security Council (Nov. 4, ecutive Information Access Disputes: A Modest vember 17, 2019, two days before Ms. Williams 2019); Letter from Adam B. Schiff, Chairman, Proposal—Do Nothing, 48 Admin. L. Rev. 109, scheduled hearing before the House Perma- H. Perm. Select Comm. on Intelligence, et 116 (1996). nent Select Committee on Intelligence on al., to Whitney C. Ellerman, Counsel to Rob- 300. See id. at 122, 125. (‘‘Types of inter- November 19, the President attempted to in- ert B. Blair, Assistant to the President and mediate options [when there are executive fluence her testimony by tweeting: ‘‘Tell Senior Advisor to the Chief of Staff, The privilege claims] include the executive pro- Jennifer Williams, whoever that is, to read White House (Nov. 3, 2019); H. Perm. Select viding the requested information in timed BOTH transcripts of the presidential calls, & Comm. on Intelligence, Subpoena to John stages, the executive releasing expurgated or see the just released ststement (sic) from Michael Mulvaney, Acting Chief of Staff, redacted versions of the information, the ex- Ukraine. Then she should meet with the The White House (Nov. 7, 2019); Letter from ecutive preparing summaries of the informa- other Never Trumpers, who I don’t know & Eliot L. Engel to Brian McCormack, supra tion, Congress promising to maintain con- mostly never even heard of, & work out a note 257; Letter from Eliot L. Engel, Chair- fidentiality regarding the information, and better presidential attack!’’) man, H. Comm. on Foreign Affairs, et al., to Congress inspecting the material while it re- 280. Trial Memorandum of President Don- John A. Eisenberg, Deputy Counsel to the mains in executive custody.’’) ald J. Trump, supra note 25, at 37. President for National Security Affairs, the 301. William P. Barr, Congressional Requests 281. Staff of H. Perm. Select Comm. on In- White House and Legal Advisor, National Se- for Confidential Executive Branch Information telligence, 116th Cong., Rep. on The Trump- curity Council (Nov. 1, 2019); H.R. Rep. No. in Opinions of the Legal Counsel, Depart- Ukraine Impeachment Inquiry 235–236, 239– 116–346, at 134–135 (2019). ment of Justice 153, 162 (June 19, 1989). 241, 243–250 (Comm. Print 2019). (From the 287. Letter from Pat A. Cipollone to Nancy 302. See John E. Bies, Primer on Executive Department of State, that included Marie Pelosi, supra note 259, at 2. Privilege and the Executive Branch Approach to Yovanovitch, Gordon Sondland, George 288. Donald Trump, President, United Congressional Oversight, Lawfare, June 16, Kent, William Taylor, and T. Ulrich States of America, Remarks by President 2017, https://www.lawfareblog.com/primer-ex- Brechbuhl. From the Department of Defense, Trump in Press Conference, Davos, Switzer- ecutive-privilege-and-executive-branch-ap- that included Laura Cooper. In addition, the land (Jan. 22, 2020). proach-congressional-oversight. (‘‘If negotia- White House directed Charles Kupperman 289. United States v. Nixon, 418 U.S. 683, 706 tions reach a standstill and these officials not to cooperate.). (1974). conclude that the circumstances warrant in- 282. See Watkins v. United States, 354 U.S. 290. Id. at 706, 713. (Dicta from United States vocation of executive privilege, they prepare 178, 187 (1957). (Even in exercising its ordi- v. Nixon further suggests that a claim of con- materials for the White House counsel to nary oversight powers, the Supreme Court fidentiality of presidential communications present the issue to the president for his or held in Watkins v. United States that ‘‘[t]he would be stronger if a need to protect mili- her decision. Traditionally, this presentation power of the Congress to conduct investiga- tary, diplomatic, or sensitive national secu- involves a memorandum from the head of the tions is inherent in the legislative process. rity secrets is claimed.) agency that received the congressional re- That power is broad. It encompasses inquir- 291. Senate Select Comm. on Presidential quest explaining the information sought by ies concerning the administration of existing Campaign Activities v. Nixon, 498 F.2d 725, Congress, why the information is privileged, laws as well as proposed or possibly needed 730 (D.C. Cir. 1974). and the efforts that the agency has made to statutes. It includes surveys of defects in our 292. Id. at 731. date to accommodate the congressional re- social, economic or political system for the 293. Letter from Pat A. Cipollone to Nancy quest; a memorandum from the attorney purpose of enabling the Congress to remedy Pelosi, supra note 259, at 2. general evaluating the legal basis for a privi- them. It comprehends probes into depart- 294. See The Federalist No. 66, at 446 (Alex- lege assertion over the requested informa- ments of the Federal Government to expose ander Hamilton) (Jacob E. Cooke ed., 1961). tion, including whether the qualified privi- corruption, inefficiency or waste.’’) (The Framers created impeachment as an lege might be overcome in the balancing of

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.107 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1205 interests and needs; and the White House 327. Letter from Pat A. Cipollone, Counsel done what ‘The Times’ reported about the counsel’s recommendation to the president. to the President, The White House, to content of the Bolton manuscript, that Pending the president’s decision, the agency Jerrold Nadler, Chairman, H. Comm. on the would not constitute an impeachable offense. is directed to ask Congress to hold the re- Judiciary (Dec. 6, 2019). Let me repeat it. Nothing in the Bolton rev- quest in abeyance, and to explain that this is 328. Trial Memorandum of the United elations, even if true, would rise to the level simply to protect the president’s ability to States House of Representatives, supra note of an abuse of power or an impeachable of- assert the privilege and does not itself con- 66, at SMF 58. fense . . . You cannot turn conduct that is stitute a claim of privilege.’’) 329. 166 Cong. Rec. 12, S381–S382 (daily ed. not impeachable into impeachable conduct 303. 166 Cong. Rec. 16, S575 (daily ed. Jan. Jan. 21, 2020) (statement of Mr. Manager simply by using words like ‘quid pro quo’ ’’ 25, 2020) (Statement of Mr. Counsel Philbin). Schiff). and ‘personal benefit.’ ’’) 304. Trial Memorandum of President Don- 330. Claudia Grisales & Kelsey Snell, After 344. Ashley Parker & David E. Sanger, Don- ald J. Trump, supra note 25, at 75. Pressure, McConnell Makes Last-Minute ald Trump Calls on Russia to Find Hillary Clin- 305. Alison Durkee, Lev Parnas: Trump Changes to Impeachment Trial Procedure, NPR, ton’s Missing Emails, N.Y. Times, July 27, ‘‘Knew Exactly What Was Going On’’ in Jan. 20, 2020, https://www.npr.org/2020/01/20/ 2016, https://www.nytimes.com/2016/07/28/us/ Ukraine, Vanity Fair, Jan. 6, 2020, https:// 798007597/read-mcconnell-lays-out-plan-for- politics/donald-trump-russia-clinton- www.vanityfair.com/news/2020/01/lev-parnas- senate-impeachment-trial-procedure; See S. emails.html. maddow-ukraine-trump; Olivia Rubin & Soo Res. 483, 116th Cong. (2019). 345. 1 Mueller, supra note 60, at 5. (The Spe- Rin Kim, Giuliani’s Associate Lev Parnas 331. Claudia Grisales & Kelsey Snell, After cial Counsel’s investigation concluded that, Speaks Again: ‘It Was All About 2020.’, ABC Pressure, McConnell Makes Last-Minute ‘‘[t]he presidential campaign of Donald J. News, Jan. 17, 2020, https://abcnews.go.com/ Changes to Impeachment Trial Procedure, NPR, Trump . . . showed interest in WikiLeaks’s Politics/giulianis-associate-lev-parnas- Jan. 20, 2020, https://www.npr.org/2020/01/20/ releases of documents and welcomed their speaks-2020/story?id=68340258. 798007597/read-mcconnell-lays-out-plan-for- potential to damage candidate Clinton.’’) 306. Maggie Haberman & Michael S. senate-impeachment-trial-procedure. 346. Interview by George Stephanopoulos Schmidt, Trump Told Bolton to Help His 332. S. Res. 483, 116th Cong. (2019). with Donald Trump, President, United Ukraine Pressure Campaign, Book Says, N.Y. 333. Id. States of America, in Washington, D.C. Times, Jan. 31, 2020, https:// 334. See S. Amdt. 1284 to S. Res. 483, 116th (June 16, 2019). 347. Peter Baker & Eileen Sullivan, Trump www.nytimes.com/2020/01/31/us/politics/ Cong. (2020); S. Amdt. 1285 to S. Res. 483, Publicly Urges China to Investigate the Bidens, trump-bolton-ukraine.html. 116th Cong. (2020); S. Amdt. 1286 to S. Res. N.Y. Times, Oct. 3, 2019, https:// 307. Adam Edelman, Lev Parnas, the Indicted 483, 116th Cong. (2020); S. Amdt. 1287 to S. www.nytimes.com/2019/10/03/us/politics/ Associate of Giuliani, Tries to Attend Trump Im- Res. 483, 116th Cong. (2020); S. Amdt. 1288 to S. Res. 483, 116th Cong. (2020); S. Amdt. 1289 trump-china-bidens.html. peachment Trial, NBC News, Jan. 29, 2020, 348. See discussion at page 21. https://www.nbcnews.com/politics/trump-im- to S. Res. 483, 116th Cong. (2020); S. Amdt. 349. Donald J. Trump (@realDonaldTrump), peachment-inquiry/lev-parnas-indicted-asso- 1290 to S. Res. 483, 116th Cong. (2020); S. Twitter (Jan. 16, 2020. 3:39 PM), https://twit- ciate-giuliani-tries-attend-trump-impeach- Amdt. 1291 to S. Res. 483, 116th Cong. (2020); ter.com/realDonaldTrump/status/ ment-trial-n1125601; Nicholas Fandos & Mi- S. Amdt. 1292 to S. Res. 483, 116th Cong. 1217909231946477575?s=20. (President Trump chael S. Schmidt, Bolton is Willing to Testify (2020); S. Amdt. 1293 to S. Res. 483, 116th has repeatedly claimed that his call with in Trump Impeachment Trial, Raising Pressure Cong. (2020); S. Amdt. 1294 to S. Res. 483, President Zelensky on July 25 was perfect. for Witnesses, N.Y. Times, Jan. 6, 2020, https:// 116th Cong. (2020). (These amendments in- For example, on January 16, 2020 President www.nytimes.com/2020/01/06/us/politics/ cluded: subpoenas for relevant documents Trump tweeted, ‘‘I JUST GOT IMPEACHED bolton-testify-impeachment-trial.html. held by the White House related to meetings FOR MAKING A PERFECT PHONE CALL!’’) 308. Fred Barbash, Trump Denies Telling and calls between President Trump and the 350. The Federalist No. 68, at 459 (Alex- Bolton that Ukraine Aid was Tied to Investiga- President of Ukraine; subpoenas compelling ander Hamiltoni) (Jacob E. Cooke ed., 1961). tions, as Explosive Book Claiming Otherwise the Secretary of State, Acting Director of 351. Letter from John Adams to Thomas Leaks, Washington Post, Jan. 27, 2020, https:// the Office of Management and Budget, and Jefferson (Dec. 6, 1787). www.washingtonpost.com/nation/2020/01/27/ Secretary of Defense to produce documents 352. Ellen L Weintraub trump-bolton-ukraine/; Justin Wise, Trump and records related to the July 25 phone call (@EllenLWeintraub), Twitter (June 13, 2019, Again Denies Knowing Lev Parnas: ‘He’s a Con between President Trump and the Ukrainian 7:11 PM), https://twitter.com/ Man,’, The Hill, Jan. 22, 2020, https:// President and records related to the freezing EllenLWeintraub/status/1139309394968096768/ thehill.com/homenews/administration/479317- of assistance to Ukraine; and subpoenas for photo/1. (In response to President Trump’s trump-again-denies-knowing-lev-parnas-hes- the testimony of Acting Chief of Staff Mick statement to George Stephanopoulos that he a-conman. Mulvaney and Ambassador John Bolton, would consider taking information from a 309. Caitlin Oprysko, Trump Suggests He’d both of whom have significant firsthand foreign government on one of his political Invoke Executive Privilege to Block Bolton Tes- knowledge of the events that are the subject opponents, Ellen Weintraub, Chair, Federal timony, Politico, Jan. 10, 2020, https:// of this impeachment trial. Other amend- Election Commissioner, wrote, ‘‘Let me www.politico.com/news/2020/01/10/trump-john- ments sought to ensure that there would be make something 100% clear to the American bolton-testimony-097349. votes on motions to subpoena witnesses, pro- public and anyone running for public office: 310. Trial Memorandum of President Don- vide additional time to respond to motions, It is illegal for any person to solicit, accept, ald J. Trump, supra note 25, at 40. and require the Chief Justice to rule on mo- or receive anything of value from a foreign 311. Bowman, supra note 241, at 164–165. tions to subpoena witnesses and documents.) national in connection with a U.S. election. 312. H.R. Rep. No. 93–1305, at 6 (1974). 335. 166 Cong. Rec. 12, S385–S431 (Jan. 21, This is not a novel concept. Electoral inter- 313. U.S. Const. art. I, § 3, cl. 6. 2020). vention from foreign governments has been 314. Todd Garvey, Cong. Research Serv., 336. 166 Cong. Rec. 21, S766–S769 (daily ed. considered unacceptable since the beginning R45983, Congressional Access to Information Jan. 31, 2020). of our nation. Our Founding Fathers sounded in an Impeachment Investigation 21 (2019). 337. Id. the alarm about ‘foreign interference, in- 315. Comm. on Judiciary, U.S. House of 338. Nicholas Fandos, McConnell Says He trigue and influence.’ They knew that when Representatives v. McGahn, ll F. Supp. 3d Will Proceed on Impeachment Trial Without foreign governments seek to influence Amer- ll, No. 19-cv-2379 (KBJ) 57-58, 2019 WL Witness Deal, N.Y. Times, Jan. 7, 2020, https:// ican politics, it is always to advance their 6312011 (D.D.C. Nov. 25, 2019) (Ketanji Brown www.nytimes.com/2020/01/07/us/politics/im- own interests, not America’s.’’) Jackson, J.) peachment-trial-witnesses.html. Mr. CASEY. Mr. President, I ask 316. Id. at 59. 339. H.R. Rep. 116–346, at 20, 24 (2019). 317. 2 The Records of the Federal Conven- 340. Opinion Memorandum of United States unanimous consent that the text of a tion of 1787, supra note 12, at 65. Senator John F. Reed, supra note 38, at 4. more comprehensive version of my 318. Id. at 64. 341. Id. statement regarding the impeachment 319. Id. 342. 166 Cong. Rec. 19, S650–S651 (daily ed. trial of President Donald John Trump 320. Letter from Pat A. Cipollone to Nancy Jan. 29, 2020) (statement of Mr. Counsel be printed in the RECORD. Pelosi, supra note 259, at 4. Dershowitz). There being no objection, the mate- 321. Hebert v. State of La., 272 U.S. 312, 316– 343. 166 Cong. Rec. 17, S614 (daily ed. Jan. rial was ordered to be printed in the 317 (1926). 27, 2020) (statement of Mr. Counsel RECORD, as follows: 322. H.R. Rep. No. 105–795, at 25–26 (1998). Dershowitz). (In response to the report in the 323. H.R. Rep. No. 116–346, at 17–19 (2019). New York Times on January 26, 2020, that STATEMENT ON THE IMPEACHMENT OF 324. Staff of H. Comm on the Judiciary, the manuscript of a book by former National PRESIDENT DONALD JOHN TRUMP 93rd Cong., Impeachment Inquiry Procedures Security Adviser John Bolton contends that I. INTRODUCTION 1–2 (Comm. Print 1974). President Trump directly tied the freeze on Throughout this impeachment trial, I have 325. H.R. Rep. No. 116–266, at 9–11 (2019). security assistance for Ukraine to Ukraine often thought of an inscription above the 326. Letter from Jerrold Nadler, Chairman, agreeing to conduct investigations into the front door of the Finance Building in Harris- H. Comm. on the Judiciary, to Donald 2016 campaign and Biden/Burisma theories, burg, Pennsylvania from the 1930s: ‘‘All pub- Trump, President, United States of America defense counsel Alan Dershowitz argued that lic service is a trust, given in faith and ac- (Nov. 29, 2019). ‘‘if a President-any President-were to have cepted in honor.’’

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.109 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1206 CONGRESSIONAL RECORD — SENATE February 27, 2020 This inscription helped me frame my own imperiled yet again by another example of ligence Community 17 and the bipartisan understanding of the evidence offered during President Trump’s shameful and dishonor- Senate Select Committee on Intelligence.18 this trial because I believe that President able conduct. In response to Republican Sen- The Mueller investigation did not find evi- Trump and every public official in America ators who have expressed concern about the dence that President Trump’s 2016 campaign must earn that trust every day. That sacred President’s ‘‘inappropriate’’ conduct but conspired or coordinated with the Russian trust is given to us ‘‘in faith’’ by virtue of have repeatedly refused to hold him account- government, but Special Counsel Mueller did our election. The question for the Presi- able, I must ask: What will it take? What ac- confirm that ‘‘the Russian government per- dent—and every official—is: Will we accept tion will finally be so objectionable, so inap- ceived it would benefit from a Trump presi- that ‘‘trust’’ by our honorable conduct? The propriate to break from this President? He dency and worked to secure that outcome, trust set forth in the inscription is an echo will not learn. He will not change. When con- and that the [Trump] Campaign expected it of Alexander Hamilton’s words in Federalist fronted with a choice between the national would benefit electorally from information No. 65, where he articulated the standard for interests and his personal political interests, stolen and released through Russian ef- impeachment as ‘‘offenses which proceed President Trump will always choose the lat- forts.’’ 19 For example, then-candidate Trump from the misconduct of public men, or, in ter. The Senate’s failure to hold him ac- declared during a public rally in July 2016: other words, from the abuse or violation of countable in this impeachment trial would ‘‘Russia, if you’re listening, I hope you’re some public trust.’’ 1 be a stain on American history. able to find the 30,000 emails that are miss- Much time has been devoted to why and After a thorough, careful review of all of ing’’ from then-candidate Hillary Clinton’s how we got here. Let us make no mistake the available evidence in this impeachment email server.20 Russian hackers targeted about this—we are here because of the Presi- trial, I have determined that House Man- Clinton’s personal server within hours of dent’s conduct. He solicited the interference agers have not only met, but exceeded, their Trump’s request.21 After the Mueller Report, of a foreign government in our next election burden of proof in this case. President in June 2019, President Trump was asked and demanded that same government an- Trump violated his duty as a public servant whether he would accept opposition research nounce an investigation of his political oppo- by corruptly abusing his power to solicit for- from a foreign government against his polit- nent, as well as an investigation into a de- eign interference in the 2020 election and by ical opponent. President Trump responded ‘‘I bunked conspiracy theory about the last repeatedly obstructing Congress’s constitu- think I’d take it.’’ 22 presidential election. tionally-based investigation into his con- Rather than embrace the Special Counsel’s President Trump has exhibited an unmis- duct. President Trump’s clearly established investigation and condemn Russian inter- takable pattern of behavior that indicates a pattern of conduct indicates he will continue ference in the election, President Trump re- predisposition toward autocratic leadership to be a ‘‘threat to national security and the portedly tried to undermine the investiga- and a willingness to embrace an agenda Constitution if allowed to remain in office.’’ 8 tion by calling it a ‘‘witch hunt’’ 23 and a based on foreign propaganda, directly under- For these reasons, I will vote ‘‘guilty’’ on ‘‘hoax.’’ 24 In fact, in Volume II of his report, mining the national interests of the United both Article I and Article II. Special Counsel Mueller detailed the Presi- 2 States. The world watched President Trump II. PROCEDURAL HISTORY dent’s numerous efforts to obstruct the Spe- stand next to Russian President Vladimir Before discussing the facts of this case, it cial Counsel’s investigation into Russian in- 3 Putin in Helsinki, Finland in July 2018. is important to address the Senate trial terference and his attempts to remove the When President Trump was asked whether itself. To ensure a full and fair trial for all Special Counsel in order to end the inves- he believed President Putin or his intel- parties, Senate Democrats repeatedly called tigation. The Special Counsel identified ten ligence agencies—all of which definitively for relevant witnesses and relevant docu- separate episodes of potential obstruction of concluded that Russia interfered in the 2016 ments to be subpoenaed during this trial in justice including, but not limited to: (1) 4 election —President Trump responded: ‘‘My the Senate.9 The testimonial and documen- President Trump firing former FBI Director people came to me . . . [and] said they think tary evidence would supplement an already James Comey; 25 (2) President Trump at- it’s Russia. I have President Putin. He just substantial record presented by the House tempting to fire Special Counsel Mueller; 26 said it’s not Russia. I will say this: I don’t Managers and ensure that this was a fair and (3) President Trump requesting his 5 see any reason why it would be.’’ trial for all parties involved. Senate Repub- White House Counsel lie and publically deny After this press conference and despite his licans refused to allow any witnesses and that President Trump tried to fire Special attempts to retract his comments, President documents.10 Counsel Mueller.27 Trump faced widespread and bipartisan con- Seventy-five percent of Americans sup- Neither Special Counsel Mueller nor Attor- demnation. Republican members of Congress ported calling witnesses during his trial.11 ney General William Barr charged President called his performance ‘‘troubling,’’ ‘‘a step Unfortunately, President Trump has been Trump with a crime for the actions detailed backwards,’’ ‘‘shameful, ‘‘untenable,’’ ‘‘bi- calling the shots and dictating the Repub- in Special Counsel Mueller’s report,28 in part 6 zarre and flat-out wrong.’’ However, only lican approach to this trial.12 This is the because of a controversial Office of Legal Senator John McCain offered a forceful re- third Presidential impeachment trial in our Counsel opinion indicating that a sitting buke of President Trump: country’s history, and it is the only one to President cannot be indicted for a crime.29 Today’s press conference in Helsinki was be completed without calling a single wit- However, over a thousand former federal one of the most disgraceful performances by ness.13 In fact, every completed impeach- prosecutors, who served under Republican an American president in memory. The dam- ment trial in history has included new wit- and Democratic administrations, issued a age inflicted by President Trump’s naivete´, nesses that were not even originally inter- statement shortly after the release of the egotism, false equivalence, and sympathy for viewed in the House of Representatives.14 Special Counsel’s report that stated, in part, autocrats is difficult to calculate. By blocking relevant witnesses and rel- as follows: No prior president has ever abased himself evant documents, Senate Republicans have Each of us believes that the conduct of more abjectly before a tyrant. Not only did denied the American people the full and fair President Trump described in Special Coun- President Trump fail to speak the truth trial they deserve. It is clear that this pro- sel Robert Mueller’s report would, in the about an adversary; but speaking for Amer- ceeding was rigged from the start to protect case of any other person not covered by the ica to the world, our president failed to de- President Trump rather than to hear all of Office of Legal Counsel policy against indict- fend all that makes us who we are—a repub- the facts. ing a sitting President, result in multiple lic of free people dedicated to the cause of 30 III. MATERIAL FACTS felony charges for obstruction of justice. liberty at home and abroad. American presi- After releasing his report in April, Special dents must be the champions of that cause if Special Counsel Mueller & Russian Interference in the 2016 Presidential Election Counsel Mueller testified in front of the it is to succeed. Americans are waiting and House Judiciary Committee and the House To fully understand the facts established hoping for President Trump to embrace that Intelligence Committee on July 24, 2019.31 by the House Managers in this case, it is nec- sacred responsibility. One can only hope During his testimony, Special Counsel 7 essary to first understand the context in they are not waiting totally in vain. Mueller confirmed that Russia was still en- Over a year and a half later, the Presi- which President Trump engaged in this be- gaging in ongoing efforts to attack future dent’s pattern of conduct has made it clear. havior. In May 2017, Special Counsel Robert elections and warned that the United States Just as Senator McCain feared, Americans Mueller was appointed to investigate ‘‘ ‘the must ‘‘use the full resources that we have to have waited in vain for President Trump to Russian government’s efforts to interfere in address this’’ interference.32 On July 25, one embrace—or even understand—his duties as the 2016 presidential election,’ including any day after Special Counsel Mueller testified, a public servant. This President has not and links or coordination between the Russian President Trump spoke on the phone with never will be faithful to the ‘‘sacred respon- government and individuals associated with the newly-elected President of Ukraine, sibility’’ that he holds as President of the the Trump Campaign.’’ 15 Special Counsel President Volodymyr Zelensky.33 Unknown United States, nor will he ever truly honor Mueller released his comprehensive report in at the time, this phone call would soon set the trust that the people placed in him. April 2019, which established in meticulous off the comprehensive investigation leading Besides Senator McCain, Republican Sen- detail that Russian President Vladimir to President Trump’s impeachment and the ators failed to fully confront the President Putin personally directed an ongoing and current trial in the Senate. when he chose the word of a former KGB systemic Russian attack in the 2016 presi- agent over the United States Intelligence dential election in the United States.16 Ukraine Community. For this reason, it is Special Counsel Mueller’s conclusions were On April 21, 2019, several months before unsurprising that our Nation has found itself also confirmed by the United States Intel- Special Counsel Mueller’s public testimony,

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.020 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1207 Volodymyr Zelensky was elected President delegation because that was not what Mr. not give a [expletive] about Ukraine’’ and he of Ukraine and later that day, President Giuliani had told him.52 The President also only cared only about ‘‘big stuff,’’ meaning Trump called him to congratulate him on his reiterated that Ukraine ‘‘tried to take me ‘‘ ‘the Biden investigation’ that Mr. Giuliani victory.34 On that call, President Trump ex- down’’ during the 2016 election, confirming was pushing.’’ 71 tended a future invitation to the White that he still believed the conspiracy theory Around that time, the Ukrainian govern- House and he also promised that he would that Ukraine, not Russia, was actually re- ment also became aware that President send a ‘‘very, very high level’’ representative sponsible for 2016 election interference.53 Trump was withholding military aid.72 On from the United States to attend President President Trump directed Ambassador August 12, Ambassadors Volker and Zelensky’s inauguration.35 Sondland, Secretary Perry and Ambassador Sondland, with consultation from Mr. Two days after President Trump’s call Volker to ‘‘talk to Rudy’’ and coordinate en- Giuliani, edited a draft statement for Presi- with President Zelensky, on April 23, media gagement with the Ukraine government.54 dent Zelensky to publically release that in- reports confirmed that former Vice Presi- Despite President Trump’s misplaced con- cluded explicit references to ‘‘Burisma and dent Joe Biden would enter the 2020 presi- cerns about Ukrainian conspiracy theories, the 2016 U.S. elections.’’ 73 On that same day, dential race.36 Around this time, the Presi- in May 2019, the Department of Defense a whistleblower filed a complaint with the dent’s personal attorney, Rudy Giuliani, was (DOD) and the State Department certified Intelligence Community Inspector General leading a smear campaign to tarnish and re- that Ukraine had ‘‘taken substantial ac- expressing concerns about President Trump’s move then-U.S. ambassador to Ukraine, tions’’ to decrease corruption.55 This was im- phone call with President Zelensky on July Marie Yovanovitch, a respected diplomat portant because it was a necessary require- 25.74 known for advancing the United States’ anti- ment in order for DOD to release $250 million Ukraine ultimately did not release the corruption efforts abroad.37 The smear cam- in Ukrainian military assistance that had statement regarding investigations and no paign was also advanced by two ‘‘corrupt been appropriated and authorized by Con- further action was taken regarding a White 75 former prosecutors’’—Mr. Lutsenko and Mr. gress.56 Congress had also appropriated and House meeting. Furthermore, there were increasing concerns among national security Shokin—in Ukraine.38 It was widely con- authorized another $141 million to be admin- officials regarding President Trump’s hold firmed that the corrupt Ukraine prosecutors istered by the State Department for security on military aid, which many began to under- were seeking ‘‘revenge against’’ Ambassador assistance to Ukraine.57 stand was meant to pressure Ukraine too.76 Yovanovitch for exposing their misconduct.39 However, by July 12, the President had or- Ambassador Sondland testified that Presi- On the day after the media reported that dered a block on all military and security as- dent Trump’s effort to condition release of former Vice President Biden was entering sistance for Ukraine against overwhelming the security assistance on Ukraine announc- the presidential race, President Trump re- recommendations from across the Executive ing investigations was as clear as ‘‘two plus called Ambassador Yovanovitch from her po- Branch and strong bipartisan support for the two equals four.’’ 77 40 aid.58 The hold continued throughout August sition in Ukraine. On September 7, President Trump and Am- in violation of the Impoundment Control Act Mr. Lutsenko and Mr. Giuliani both pro- bassador Sondland spoke on the telephone of 1974.59 The President did not initially give moted two conspiracy theories that have and Ambassador Sondland explained that 41 a reason for the hold, although by Sep- been pursued by President Trump. One of President told him ‘‘there was no quid pro tember, the President claimed that the hold the conspiracy theories alleged that Ukraine quo, but President Zelensky must announce was because he was concerned about corrup- hacked a Democratic National Committee the opening of the investigations and he tion in Ukraine and burden-sharing for (DNC) server in 2016 in order to frame Russia should want to do it.’’ 78 Shortly after, on for election interference and help the Clin- Ukrainian assistance among European al- September 9, Ambassador Taylor texted Am- 42 60 ton Campaign. The other theory alleged lies. bassadors Sondland and Volker and explic- Throughout this time period, it also be- that former Vice President Biden coerced the itly said, ‘‘I think it’s crazy to withhold se- came clear that President Trump was with- Ukrainian government into firing Mr. curity assistance for help with a political holding the White House meeting that he Shokin to ‘‘prevent an investigation into campaign.’’ 79 On that same day, the Intel- promised President Zelensky during their Burisma Holdings, a Ukrainian energy com- ligence Community Inspector General noti- April 21 phone call.61 Ambassador Taylor, pany for which Vice President Biden’s son, fied Congress of the August 12 whistleblower 43 Ambassador Yovanovitch’s replacement in Hunter, served as a board member.’’ Both complaint regarding President Trump’s July Ukraine, pushed for the White House meet- theories have been criticized and debunked 25 phone call with President Zelensky.80 by officials in the Trump Administration.44 ing, but he learned that the meeting was Two days later, President Trump unexpect- On May 3, 2019, shortly after President conditioned explicitly on Ukraine publically edly released his hold on Ukraine’s security Zelensky’s election, President Trump and announcing investigations into the 2016 elec- assistance.81 Since President Trump lifted President Putin spoke by telephone and dis- tion and Burisma.62 Ambassador Sondland the hold, however, he has continued to press cussed, in part, the so-called ‘‘Russian was unequivocal in his description during his Ukraine, and even other foreign countries, to Hoax,’’ referring to Special Counsel testimony: ‘‘Was there a quid pro quo? As I open investigations into his political rival.82 Mueller’s investigation.45 During that con- testified previously with regard to the re- For example, on October 3, President Trump versation, President Putin reportedly spoke quested White House call and the White stated as follows on the White House lawn: negatively about Ukraine, suggesting that it House meeting, the answer is yes.’’ 63 Well I would think that if they [Ukraine] was corrupt and that President Zelensky was After a July 10 meeting, Dr. Fiona Hill, were honest about it, they’d start a major in- ‘‘in the thrall of oligarchs.’’ 46 A Washington former Senior Director of European and Rus- vestigation into the Bidens. It’s a very sim- Post article, published on December 19, 2019, sian Affairs at the National Security Coun- ple answer. They should investigate the reported that a senior White House official cil, informed then-National Security Advisor Bidens. . . . Likewise, China should start an even indicated that President Trump sug- John Bolton that Ambassador Sondland reit- investigation into the Bidens because what gested that ‘‘he knew Ukraine was the real erated the quid pro quo to Ukrainian offi- happened in China is just about as bad as culprit [of 2016 election interference] because cials during a meeting at the White House.64 what happened with Ukraine. So, I would say ‘Putin told me.’ ’’ 47 Dr. Hill testified that Mr. Bolton advised her that President Zelensky, if it were me, I On May 9, the New York Times reported to ‘‘go and tell [the NSC Legal Advisor] that would recommend that they start an inves- that the President’s personal attorney, Mr. I am not part of whatever drug deal tigation into the Bidens.83 Giuliani, would be traveling to Ukraine to Sondland and Mulvaney are cooking up on To date, President Zelensky still has not pressure the government to open investiga- this.’’ 65 Over the next two weeks, Mr. met with President Trump at the White tions into the conspiracy theories about Giuliani coordinated with Ambassadors House. Burisma and the 2016 election.48 Mr. Giuliani Sondland and Volker to arrange a phone call Congressional Investigations specifically acknowledged ‘‘[t]his isn’t for- between President Trump and President As noted above, Congress was notified on eign policy’’ but that the investigations Zelensky for President Zelensky to inform September 9 of the August 12 whistleblower ‘‘will be very, very helpful to my client.’’ 49 President Trump that he would announce complaint regarding President Trump’s Around May 13, President Trump ordered the investigations.66 phone call with Ukraine.84 Speaker Nancy Vice President Pence not to attend President On July 25, President Trump spoke on the Pelosi announced on September 24 that the 67 Zelensky’s inauguration and sent a lower- phone with President Zelensky. At one House would move forward with an official ranking delegation, despite his promise to point, President Zelensky thanked President impeachment inquiry.85 President Zelensky to send a ‘‘very, very Trump for the ‘‘great support’’ in military On September 9 and September 24, three high level’’ representative.50 This delegation assistance and indicated that Ukraine would House Committee sent letters to White included Secretary of Energy Rick Perry, be interested in purchasing more Javelin House Counsel Pat Cipollone asking for six Ambassador to the European Union Gordon anti-tank missiles soon.68 In response, imme- specific categories of documents related to Sondland, Special Representative for diately after the Javelin reference, President the Ukraine investigation.86 The White Ukraine Negotiations Ambassador Kurt Trump stated as follows: ‘‘I would like you House did not respond, and as a result, the Volker and NSC Director for Ukraine Lieu- to do us a favor though.’’ 69 President Trump Committees issued a subpoena to Acting tenant Colonel Alexander Vindman.51 brought up the investigations that he sought White House Chief of Staff, Mick On May 23, despite positive reports from into the Ukrainian election interference and Mulvaney.87 the delegation regarding President Biden conspiracy theories.70 After the call, On October 8, Mr. Cipollone responded and Zelensky’s effort to combat corruption, Ambassador Sondland informed a State De- indicated that ‘‘President Trump cannot per- President Trump said he ‘‘didn’t believe’’ the partment aide that President Trump ‘‘did mit his Administration to participate in this

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.022 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1208 CONGRESSIONAL RECORD — SENATE February 27, 2020 partisan inquiry under these cir- So, the question is: Why? Was President a Democratic National Committee server.115 cumstances.’’ 88 The letter called the inquiry Trump acting corruptly to advance his own This theory is not supported by any evi- ‘‘constitutionally invalid’’ even though the political interests, or was he, as his defense dence. The U.S. Intelligence Community, the Constitution grants the House the sole power attorneys would have us believe, deeply con- Senate Select Committee on Intelligence and of impeachment.89 The letter made reference cerned about ongoing ‘‘corruption’’ in Special Counsel Robert Mueller all came to to ‘‘long-established Executive Branch con- Ukraine and ‘‘burden-sharing?’’ 103 The facts the conclusion that Russia, not Ukraine, fidentiality interests and privileges,’’ 90 al- clearly established that President Trump interfered in the 2016 election.116 Dr. Fiona though President Trump has never specifi- was acting corruptly to further his own po- Hill called this Ukraine theory a ‘‘fictional cally asserted an executive privilege over a litical interests. narrative that is being perpetrated and prop- single piece of information related to the in- First, while the President’s defense law- agated by the Russian security services’’ to quiry. yers have rightly argued that the President raise doubts about Russia’s own culpability As a result of President Trump’s blanket ‘‘defines foreign policy,’’ 104 the facts do not and to harm the relationship between the directive, every Executive Branch agency support that the President’s actions related United States and Ukraine.117 President that received an impeachment inquiry re- to Ukraine were based on ‘‘legitimate con- Trump’s former Homeland Security Advisor, quest or subpoena has not complied with the cerns’’ regarding corruption and burden- Tom Bossert, also indicated that the request.91 Specifically, the Executive Branch sharing.105 Also, if the President was so con- Ukraine theory was ‘‘not only a conspiracy has not produced a single document or per- cerned about corruption in Ukraine, why did theory, it is completely debunked.’’ 118 Pur- mitted a single witness to testify in response he dismiss one of the Nation’s best corrup- suing such a clearly debunked conspiracy to a subpoena.92 The only witnesses who did tion-fighting diplomats, Ambassador Marie theory only served to benefit President testify or submit documents did so in direct Yovanovitch? 106 Trump, and Putin, by raising doubts regard- violation of the White House’s directive.93 Second, the President was utilizing his per- ing Russia’s own election interference and sonal attorney, Mr. Giuliani, to coordinate IV. ARTICLES OF IMPEACHMENT its preference for President Trump’s election the announcement of investigations in in 2016. As we know, Article I, Section 2, Clause 5 Ukraine. Mr. Giuliani explicitly said that he of the Constitution states that ‘‘[t]he Senate Based on this evidence, it is clear that was not engaged in foreign policy, but was President Trump acted corruptly by condi- shall have the sole Power to try all Impeach- acting on behalf of President Trump in his 94 tioning the release of military aid and a ments.’’ As a Senator reviewing this case, ‘‘personal capacity.’’ 107 The State Depart- I have based my assessment of the evidence White House meeting on Ukraine announcing ment also released a statement in August investigations into his political opponent. on the following two questions: emphasizing that Mr. Giuliani is a private (1) Did the president do what he is charged Obstruction of Congress citizen acting in his personal capacity and with in the Articles?; and ‘‘does not speak on behalf of the U.S. govern- Under the second Article of Impeachment, (2) If so, is that action an impeachable of- ment.’’ 108 Accordingly, one cannot reason- the House charged that President Trump has fense that warrants removal from office? ably argue that the investigations pursued obstructed Congress by directing the ‘‘the Abuse of Power by Mr. Giuliani were related to ‘‘legitimate’’ unprecedented, categorical, and indiscrimi- In the first Article of Impeachment, the foreign policy when they were coordinated nate defiance of subpoenas issued by the House of Representatives charged President by the President’s personal attorney for the House of Representatives pursuant to its 119 Trump with abusing his power as President President’s personal benefit. ‘sole Power of Impeachment.’ ’’ I have con- by corruptly ‘‘soliciting the Government of Third, it was the prior practice of the Ad- cluded that the House has presented substan- Ukraine to publicly announce investigations ministration to release aid to Ukraine with- tial evidence to prove the allegations in this that would benefit his reelection, harm the out delay or regard to alleged corruption and Article. election prospects of a political opponent, burden-sharing concerns. Both of these as- On October 8, 2019, during the House im- and influence the 2020 United States Presi- serted concerns were an after-the-fact dis- peachment inquiry, the White House Counsel dential election to his advantage.’’ 95 In this traction from the truth. The Trump Admin- wrote that ‘‘President Trump cannot permit case, I have found that the House has pre- istration disbursed—without question—ap- his Administration to participate in this par- 120 sented substantial, persuasive evidence to proximately $511 million and $359 million to tisan inquiry under these circumstances.’’ prove the allegations in Article I. Ukraine in 2017 and 2018, respectively.109 The As a result of President Trump’s directives, First, there is no dispute that the White only thing that changed in 2019 was that the House did not receive a ‘‘single docu- House directly withheld $391 million dollars former Vice President Joe Biden announced ment’’ from the White House, the Vice Presi- in military aid from Ukraine.96 The Office of that he was running for President. dent, OMB, the Department of State, DOD or Management and Budget (OMB) held the aid, Finally, the proposed investigations into the Department of Energy—despite 71 re- at the direction of the President, despite the Burisma and 2016 election interference were quests and demands.121 Furthermore, the Department of Defense and the State Depart- debunked conspiracy theories that would only witnesses who testified or produced doc- ment certifying that Ukraine was taking have only benefited one person—Donald uments did so in opposition to the Presi- 122 necessary measures to reduce corruption.97 Trump. Regarding Burisma, President dent’s directive. Furthermore, all agencies—except OMB— Trump claimed that former Vice President President Trump did not assert a single strongly supported the release of the aid be- Biden corruptly forced Ukraine to fire then- claim of ‘‘executive privilege’’ over any spe- cause it was in the national interest of the Prosecutor General Shokin to avoid further cific document or piece of testimony during 123 United States.98 investigation into Burisma.110 The truth is this inquiry. Rather, he issued a blanket Nor is there dispute that President Trump that Vice President Biden was actually pur- directive that completely denied the con- withheld a White House meeting with Presi- suing Mr. Shokin’s termination—with bipar- stitutional oversight responsibilities of the 124 dent Zelensky. On his April 21 phone call, tisan and international support—because Mr. House. Based on this evidence, it is clear President Trump explicitly invited President Shokin was a corrupt and ineffective pros- that President Trump has obstructed Con- Zelensky to the White House in the future.99 ecutor.111 In fact, Mr. Shokin was not ac- gress. However, after former Vice President Joe tively investigating Burisma and his re- V. IMPEACHABLE CONDUCT Biden announced his candidacy for President moval would have made it more likely—not Having established that the President did, just a few days later, President Zelensky— less—that Burisma would be investigated in in fact, engage in the conduct alleged in despite numerous efforts—still has not met the future.112 these Articles—I now turn to whether this with President Trump at the White House. Furthermore, even if we were to accept conduct warrants removal from office. Second, the evidence establishes that that President Trump had legitimate inter- During the Constitutional Convention of President Trump conditioned the aid and the ests regarding alleged corruption in Ukraine, 1787, our Founders grappled significantly White House meeting on Ukraine announcing he certainly should not have asked a foreign with how to elect the Executive, but they investigations into Burisma and the 2016 government to announce the investigation. also debated how to hold the Executive ac- election. In the July 25 phone call, President Rather, he should have gone through official countable. While some delegates believed Trump asked President Zelensky to ‘‘do us a channels and asked the Department of Jus- that the President should only be held ac- favor though’’ and referenced the 2016 elec- tice to look into the allegations.113 Ambas- countable at the ballot box through elec- tion and Burisma investigations imme- sador Sondland indicated that President tions, others voiced the logical concern that diately after President Zelensky brought up Trump was only concerned about the an- ‘‘if [the President] be not impeachable whilst military assistance.100 nouncement of investigations—he was not in office, he will spare no efforts or means Related to the White House meeting, Am- concerned with the actual completion of in- whatever to get himself re-elected.’’ 125 After bassador Sondland could not have been more vestigations.114 President Trump was not ac- much debate, the Convention voted that the clear when he testified that ‘‘yes,’’ there was tually interested in corruption in Ukraine, Executive shall be ‘‘removable on impeach- a quid pro quid conditioning a White House but was only concerned with harming a po- ments’’ 126 and later confirmed the grounds meeting with Ukraine announcing investiga- litical opponent with the announcement of for impeachment included ‘‘Treason, bribery tions into the Bidens and Burisma.101 He fur- an investigation. and other high crimes and mis- ther testified that the conditioning of the Regarding Ukrainian election interference, demeanors.’’ 127 White House meeting and military assist- President Trump has suggested that Ukraine ‘‘High Crimes and Misdemeanors’’ is left ance on Ukraine publically announcing in- attempted to help the Hillary Clinton cam- ambiguous in the Constitution. At the time vestigations was as clear as ‘‘2+2=4.’’ 102 paign in 2016 by framing Russia and hacking of the drafting, the Founders’ understanding

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of ‘‘high Crimes and Misdemeanors’’ was in- abuses of power through the impeachment RUSSIAN INTERFERENCE IN THE 2016 PRESI- formed by centuries of English legal prece- process. This Senate trial is not simply DENTIAL ELECTION 1 (2019) [hereinafter dent.128 This understanding was reflected in about grave presidential abuse of power, it is MUELLER REPORT]. Federalist No. 65, written by Alexander Ham- about our Democracy, the sanctity of our 16. Id. at 1–2. ilton, which explained that impeachment elections and the very values that the 17. U.S. INTELLIGENCE CMTY., supra note 4, should stem from an ‘‘abuse or violation of Founders agreed should guide our Nation. at ii. some public trust.’’ 129 Noted historian Ron The inscription—‘‘[a]ll public service is a 18. 2 SELECT COMM. ON INTELLIGENCE, U.S. Chernow explained that Hamilton’s under- trust, given in faith and accepted in SENATE, 116TH CONG. REPORT ON RUSSIAN AC- standing of impeachment should ‘‘count honor’’—serves as a reminder to us all of the TIVE MEASURES CAMPAIGNS AND INTER- heavily because he was the foremost pro- bedrock principles of our republic. We must FERENCE IN THE 2016 U.S. ELECTION: RUSSIA’S ponent of a robust presidency, yet he also hold those accountable who violate this sa- USE OF SOCIAL MEDIA 3–4 (Comm. Print 2019). harbored an abiding fear that a brazen dema- cred trust. President Trump dishonored that 19. I MUELLER REPORT, supra note 15, at 5. gogue could seize the office.’’ 130 Informed by public trust given to him by abusing his 20. Id. at 49. this history, Congress has consistently inter- power for personal, political gain. In order to 21. Id. 22. preted ‘‘high Crimes and Misdemeanors’’ prevent continuing interference in our up- Transcript: ABC News’ George Stephan- broadly to mean ‘‘serious violations of the coming election and blatant obstruction of opoulos’ Exclusive Interview with President Trump, ABC NEWS (June 16, 2019), https:// public trust.’’ 131 Congress, the Senate should find him guilty The President’s defense lawyers argued under both Articles. abcnews.go.com/Politics/transcript-abc- news-george-stephanopoulos-exclusive-inter- that impeachment requires a violation of a ENDNOTES criminal statute to be constitutionally view-president/story?id=63749144. 1. THE FEDERALIST NO. 65 (Alexander Ham- 23. @realDonaldTrump, TWITTER (July 29, valid.132 This argument is not supported by ilton). 2018, 3:35 PM), https://twitter.com/ historical precedent, credible scholarship or 2. Vivian Salama & Julie Pace, Trump Has realdonaldtrump/status/1023653191974625280; our common sense about the sacred notion of Embraced Autocratic Leaders Without Hesi- see also Olivia Paschal, Trump’s Tweets and the public trust.133 When applying the accu- tation, PBS (Apr. 19, 2017), https:// the Creation of ‘Illusory Truth,’ ATLANTIC rate Hamiltonian standard for impeach- www.pbs.org/newshour/world/trump-em- (Aug. 3, 2018), https://www.theatlantic.com/ ment—an ‘‘abuse or violation of some public braced-autocratic-leaders-without-hesi- politics/archive/2018/08/how-trumps-witch- trust’’—it is clear that President Trump’s tation. See also Michael S. Schmidt & hunt-tweets-create-an-illusory-truth/566693/ conduct exceeds that standard. Any effort to Maggie Haberman, Bolton Was Concerned (explaining that President Trump referred to corrupt an election must be met with a swift That Trump Did Favors for Autocratic Lead- the Mueller investigation as a ‘‘witch hunt’’ measure of accountability as provided for ers, Book Says, N.Y. TIMES (Jan. 27, 2020), no less than 84 times between January and under the impeachment clause in the Con- https://www.nytimes.com/2020/01/27/us/poli- August 2018). stitution. There is no other remedy to con- tics/john-bolton-trump-book-barr.html (ex- 24. @realDonaldTrump, TWITTER (Aug. 1, strain a President who has acted, time and plaining that President Trump’s former Na- 2018, 3:35 PM), https://twitter.com/ again, to advance his personal interests over tional Security Advisor, John Bolton, was realdonaldtrump/status/1024656465158721536. those of the Nation. concerned that ‘‘President Trump was effec- 25. II MUELLER REPORT, supra note 15, at Furthermore, since his candidacy, Presi- tively granting personal favors to . . . auto- 62–64. dent Trump has engaged in substantial and cratic leaders’’). 26. Id. at 77–90. ongoing efforts to solicit foreign interference 3. Transcript: Trump and Putin’s Joint Press 27. Id. at 113–20. in our elections. As detailed in Special Coun- Conference, NPR (July 16, 2018) [hereinafter 28. Oversight of the Report on the Investiga- sel Mueller’s report, the Trump campaign Helsinki Transcript], https://www.npr.org/ tion Into Russian Interference in the 2016 Presi- routinely welcomed Russian interference in 2018/07/16/629462401/transcript-president- dential Election: Former Special Counsel Robert the 2016 presidential election because they trump-and-russian-president-putins-joint- S. Mueller, III: Hearing Before the H.R. Comm. ‘‘expected [the Campaign] would benefit press-conference. on the Judiciary, 116th Cong. 6 (2019) [herein- electorally from information stolen and re- 4. U.S. INTELLIGENCE CMTY., ICA 2017–01D, after Mueller Hearing I] (statement of Robert leased through Russian efforts.’’ 134 As an il- ASSESSING RUSSIAN ACTIVITIES AND INTEN- S. Mueller, III, Special Counsel); Letter from lustration of just how brazen President TIONS IN RECENT US ELECTIONS ii (2017). the Honorable William Barr, Att’y Gen., U.S. Trump has become in his conduct, his July 5. Helsinki Transcript, supra note 3. Dep’t of Justice, to Chairman Lindsay Gra- 25 phone call with President Zelensky oc- 6. How Republican Lawmakers Responded to ham, S. Comm. on the Judiciary, et al. (Mar. curred just one day after Special Counsel Trump’s Russian Meddling Denial, N.Y. TIMES 24, 2019), https://www.justice.gov/ag/page/file/ Mueller testified in Congress, where he (July 17, 2018), https://www.nytimes.com/ 1147981/download. warned of the ongoing threat of foreign in- interactive/2018/07/16/us/politics/republicans- 29. A Sitting President’s Amenability to In- terference in elections.135 As the Washington trump-putin-russia-reaction.html. dictment and Criminal Prosecution, 24 Op. Post reported on September 21 in a story 7. Niels Lesniewski, ‘Pathetic Rout,’ ‘Trag- O.L.C. 222 (2000), https://www.justice.gov/ written by three reporters who have covered ic Mistake’ and ‘Painful’—John McCain Holds sites/default/files/olc/opinions/2000/10/31/op- the President for several years, the Presi- Little Back in Describing Helsinki, ROLLCALL olc-v024-p0222—0.pdf. dent’s conduct on the Ukraine call revealed (July 16, 2018), https://www.rollcall.com/news/ 30. DOJ Alumni Statement, Statement by ‘‘a president convinced of his own invinci- politics/mccain-calls-trump-performance- Former Federal Prosecutors, MEDIUM (May 6, bility—apparently willing and even eager to with-putin-a-pathetic-rout. 2019), https://medium.com/@dojalumni/state- wield the vast powers of the United States to 8. H.R. Res. 755, 116th Cong. art. I (2019). ment-by-former-federal-prosecutors- taint a political foe and confident that no 9 See 166 CONG. REC. S438–41 (daily ed. Jan. 8ab7691c2aa1. one could hold him back.’’ 136 21, 2020) (identifying the amendments pro- 31. Mueller Hearing I, supra note 28; Former The President’s blanket obstruction of posed by Minority Leader Schumer seeking Special Counsel Robert S. Mueller III on the In- Congress also substantially imperils our con- documents and witnesses). vestigation into Russian Interference in the 2016 stitutional system of checks and balances. 10. See id. at S394–431 (detailing the amend- Presidential Election: Hearing Before the H.R. Not only has this President taken the un- ments and roll call votes on the amend- Perm. Select Comm. on Intelligence, 116th Cong. precedented step of issuing an outright re- ments). (2019) [hereinafter Mueller Hearing II]. fusal to cooperate with Congressional over- 11. Press Release, Quinnipiac Univ. Poll, 32. Mueller Hearing II, supra note 31, at 75. sight in this case, but President Trump has 75% Of Voters Say Allow Witnesses In Sen- 33. H.R. PERMANENT SELECT COMM. ON IN- exhibited an ongoing hostility to oversight ate Impeachment Trial, Quinnipiac Univer- TELLIGENCE, THE TRUMP-UKRAINE IMPEACH- of his administration. As detailed in Special sity National Poll Finds; 53% Say President MENT INQUIRY REPORT, H.R. REP. NO. 116–335, Counsel Mueller’s report, President Trump Trump Not Telling Truth About Ukraine at 2–3 (2019) [hereinafter HPSCI REPORT]. engaged in ten distinct efforts to obstruct (Jan. 28, 2020), https://poll.qu.edu/national/re- 34. Id. at 39. and curtail investigations into his conduct lease-detail?ReleaseID=3654. 35. Id. and Russia’s interference in the 2016 elec- 12. Sheryl Gay Stolberg, McConnell, Coordi- 36 Molly Nagle, Former Vice President Joe tion.137 It is clear that this President has en- nating With White House, Lays Plans for Im- Biden to Announce He’s Entering the 2020 Race gaged in an ongoing pattern of behavior that peachment Trial, N.Y. TIMES (Dec. 17, 2019), Thursday Morning, ABC NEWS (Apr. 23, 2019), threatens to diminish any meaningful future https://www.nytimes.com/2019/12/13/us/poli- https://abcnews.go.com/Politics/vice-presi- oversight of the Executive Branch. tics/mcconnell-white-house-impeachment- dent-joe-biden-announce-hes-entering-2020/ Given the President’s ongoing pattern of trial.html. story?id=62558852. 13. Press Release, Citizens For Responsi- corrupt behavior, especially as it relates to 37. HPSCI REPORT, supra note 33, at 25. bility & Ethics in Washington, New Analysis: the next election, I find him ‘‘guilty’’ under 38. Id. at 28. Every Impeachment Trial Has Had New Wit- both Articles of Impeachment. 39. Id. nesses (Jan. 28, 2020), https:// 40. Id. at 26–27. VI. CONCLUSION www.citizensforethics.org/press-release/new- 41. Id. at 29. Our Founders had the foresight to ensure witnesses-impeachment/. 42. Id. at 29–30. that the power of the President was not un- 14. Id. 43. Id. limited and that Congress could—if nec- 15. I ROBERT S. MUELLER, III, U.S. DEP’TOF 44. Id. at 88–89. Related to the Ukraine essary—hold the Executive accountable for JUSTICE, REPORT ON THE INVESTIGATION INTO election interference theory, President

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.027 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1210 CONGRESSIONAL RECORD — SENATE February 27, 2020 Trump’s former Homeland Security Advisor, 63. Id. at 82. 126. Id. at 69 (Madison). Tom Bossert, publicly stated that it was 64. Id. at 76–78. 127. Id. at 550 (Madison). See also U.S. ‘‘not only a conspiracy theory, it is com- 65. Id. at 78. CONST. art. II, § 4 (‘‘The President, Vice pletely debunked.’’ Id. at 89. Dr. Fiona Hill, 66. Id. at 79–84. President and all civil Officers of the United former Senior Director of European and Rus- 67. Id. at 86. States, shall be removed from Office on Im- sian Affairs at the National Security Coun- 68. Id. at 87. peachment for, and Conviction of, Treason, cil, called it a ‘‘fictional narrative that is 69. Id. at 87–88. Bribery, or other high Crimes and Mis- being perpetrated and propagated by the 70. Id. at 88–90. demeanors.’’). Russian security services.’’ Id. at 88. She also 71. Id. at 99. 128. See CHARLES L. BLACK, JR. & PHILIP indicated that former National Security Ad- 72. Id. at 69–70. BOBBITT, IMPEACHMENT: A HANDBOOK, NEW visor H.R. McMaster ‘‘spent a lot of time’’ 73. Id. at 106–08. EDITION 43 (2018) (‘‘The phrase ‘high Crimes trying to convince President Trump that the 74. Id. at 128. and Misdemeanors’ comes to us out of theory was Russian propaganda. Id. at 89. 75. Id. at 110–11, 131–33. English law and practice, starting (as far as Furthermore, FBI Director Christopher 76. Id. at 111–25. we know) in 1386.’’). Wray confirmed that the FBI had ‘‘no infor- 77. Id. at 16. 129. THE FEDERALIST NO. 65 (Alexander mation that indicates that Ukraine inter- 78. Id. at 120. Hamilton). fered with the 2016 presidential election.’’ 79. Id. at 122. 130. Ron Chernow, Hamilton Pushed For Im- Luke Barr & Alexander Mallin, FBI Director 80. Id. at 128. peachment Powers. Trump Is What He Had In Pushes Back On Debunked Conspiracy Theory 81. Id. at 129–30. Mind., WASH. POST (Oct. 18, 2019), https:// About 2016 Election Interference, ABC NEWS 82. Id. at 131–35. www.washingtonpost.com/outlook/2019/10/18/ (Dec. 9, 2019), https://abcnews.go.com/Poli- 83. PBS NewsHour, Trump Says China hamilton-pushed-impeachment-powers- tics/fbi-director-pushes-back-debunked-con- Should Investigate the Bidens, YOUTUBE (Oct. trump-is-what-he-had-mind/?arc404=true. spiracy-theory-2016/story?id=67609244. 3, 2019), https://youtu.be/eJd1y0TPPl8?t=99. 131. H.R. REPT. NO. 101–36, at 5 (1989). 45. HPSCI REPORT, supra note 33, at 46. 84. HPSCI REPORT, supra note 33, at 128. 132. 166 CONG. REC. S611 (daily ed. Jan. 27, 46. Id. at 47. 85. Id. at 173. 2020) (statement of Counsel Dershowitz ex- 47. Shane Harris et al., Former White House 86. Id. at 181. plaining that ‘‘[p]urely non-criminal con- Officials Say They Feared Putin Influenced the 87. Id. duct, including abuse of power and obstruc- President’s Views on Ukraine and 2016 Cam- 88. Letter from Pat A. Cipollone, Counsel tion of Congress, are outside the range of im- paign, WASH. POST (Dec. 19, 2019), https:// to the President, to Speaker Nancy Pelosi, peachable offenses’’). www.washingtonpost.com/national-security/ House of Representatives, et al., 2 (Oct. 8, 133. See e.g., S. MISC. DOC. NO. 40–42, at 8 former-white-house-officials-say-they- 2019), https://www.whitehouse.gov/wp-con- (1868) (impeaching President Johnson for feared-putin-influenced-the-presidents- tent/uploads/2019/10/PAC-Letter-10.08.2019.pdf. bringing ‘‘the high office of the President of views-on-ukraine-and-2016-campaign/2019/12/ 89. Id. the United States into contempt, ridicule 19/af0fdbf6-20e9-11ea-bed5- 90. Id. at 4. and disgrace’’); H.R. REPT. NO. 93–1305, at 2 880264cc91a9_story.html. 91. HPSCI REPORT, supra note 33, at 180. (1974) (recommending Articles of Impeach- 48. Kenneth P. Vogel, Rudy Giuliani Plans 92. Id. ment against President Nixon because he Ukraine Trip to Push for Inquiries That Could 93. Id. ‘‘prevented, obstructed, and impeded the ad- Help Trump, N.Y. TIMES (May 9, 2019), https:// 94. U.S. CONST. art. I, § 2, cl. 5. ministration of justice’’); H.R. Res. 601, 105th www.nytimes.com/2019/05/09/us/politics/ 95. H.R. Res. 755, 116th Cong. art. I (2019). Cong. art. IV (1998) (impeaching President giuliani-ukraine-trump.html. 96. See supra text accompanying notes 58– Clinton for an ‘‘abuse of high office’’). 49. Id. Mr. Giuliani also wrote a letter to 60. 134. I MUELLER REPORT, supra note 15, at 5. President-elect Zelensky requesting a meet- 97. HPSCI REPORT, supra note 33, at 57. 135. See supra text accompanying note 31– ing as the attorney for President Trump in 98. Id. at 60–62. 33. his capacity as a ‘‘private citizen, not as 99. Id. at 39. 136. Philip Rucker et al., Trump’s Ukraine Call Reveals a President Convinced of His Own President of the United States.’’ H.R. COMM. 100. Id. at 87–90. Invincibility, WASH. POST (Sept. 21, 2019), ON THE JUDICIARY, IMPEACHMENT OF PRESI- 101. Id. at 82. https://www.washingtonpost.com/politics/ DENT DONALD JOHN TRUMP: THE EVIDENTIARY 102. Id. at 16. trumps-ukraine-call-reveals-a-president-con- RECORD PURSUANT TO H. RES. 798, H.R. DOC. 103. Trial Memorandum of President Don- vinced-of-his-own-invincibility/2019/09/21/ NO. 116–95, VOL. IV, at 7639 (2020) [hereinafter ald J. Trump at 10, In Re Impeachment of 1a56466c-dc6a-11e9-ac63- EVIDENTIARY RECORD]. President Donald J. Trump (Jan. 20, 2020). 50. HPSCI REPORT, supra note 33, at 39, 47. 104. Id. at 2. 3016711543felstory.html. 51. Id. at 48. 105. Id. at 10. 137. See II MUELLER REPORT, supra note 15, 52. Id. at 50. 106. See supra text accompanying notes 36– at 3–4 (summarizing the ten incidents). 53. Id. Despite reports that certain Ukrain- 40. Mr. CRAMER. Mr. President, I seek ian officials did prefer Hillary Clinton in the 107. EVIDENTIARY RECORD, vol. IV, supra recognition today regarding the recent 2016 election, there is little comparison to note 49, at 7639. impeachment trial of President Donald 108. Allan Smith, Giuliani Says State Dept. the Russian interference personally directed Trump. This was a rare moment in our by President Vladimir Putin to assist the Aided His Effort to Press Ukraine on Trump Op- Trump campaign: ‘‘There’s little evidence of ponents, NBC NEWS (Aug. 22, 2019), https:// young Nation’s history. We had little such a top-down effort by Ukraine. Longtime www.nbcnews.com/politics/donald-trump/ to guide us other than the Founding observers suggest that the rampant corrup- giuliani-says-state-dept-aided-his-effort- Fathers’ collective wisdom and sparse tion, factionalism and economic struggles press-ukraine-trump-n1045171. precedent. plaguing the country—not to mention its on- 109. Statement of Material Facts: Attach- The process may seem daunting, and going strife with Russia—would render it un- ment to the Trial Memorandum of the the debate over even the most basic able to pull off an ambitious covert inter- United States House of Representatives at mechanics of the trial could leave the ference campaign in another country’s elec- 14, In Re Impeachment of President Donald J. Trump (Jan. 18, 2020) [hereinafter House future Members of this body suscep- tion.’’ Kenneth P. Vogel & David Stern, tible to deception or misinformation. I Ukrainian Efforts to Sabotage Trump Backfire, Manager’s Statement of Material Facts]. POLITICO (Jan. 11, 2017), https:// 110. HPSCI REPORT, supra note 33, at 42–43. therefore want to offer my thoughts for www.politico.com/story/2017/01/ukraine-sabo- 111. Id. future Senators when this issue inevi- tage-trump-backfire-233446. 112. Id. at 43. tably rises again. 54. HPSCI REPORT, supra note 33, at 50. 113. Id. at 108–09. The impeachment trial proceedings 55. Id. at 57. 114. House Manager’s Statement of Mate- are unique. It is an inherently political 56. Id. rial Facts, supra note 109, at 20. process analogous to a legal trial. 115. HPSCI REPORT, supra note 33, at 88. 57. Id. at 57–58. There is a prosecution, represented by 58. Id. at 59. 116. Id. at 29. 59. U.S. GOV’T ACCOUNTABILITY OFF., B– 117. Id. at 88. the House managers, as well as a de- 331564, MATTER OF OFFICE OF MGMT. & BUDG- 118. Id. at 89. fense, representing the President. ET—WITHHOLDING OF UKRAINE SEC. ASSIST- 119. H.R. Res. 755, 116th Cong. art. II (2019) There is also a presiding judge, the ANCE (2020), https://www.gao.gov/assets/710/ (quoting U.S. CONST. art. I, § 2, cl. 5). Chief Justice of the Supreme Court. 703909.pdf. 120. HPSCI REPORT, supra note 33, at 175 As in a courtroom, the prosecution 60. HPSCI REPORT, supra note 33, at 59–62. 121. Id. at 180. and defense take opposite sides of the See, e.g., EVIDENTIARY RECORD, vol. II, pt. 1, 122. Id. judge as they make their arguments. supra note 49, at 48–49 (testifying that bur- 123. Id. at 179. den-sharing was first provided as a rationale 124. Id. The burden of proof is on the prosecu- to him in September). 125. 2 MAX FARRAND, ED., THE RECORDS OF tors, who must present their evidence, 61. HPSCI REPORT, supra note 33, at 70–71. THE FEDERAL CONVENTION OF 1787, 64 (1911) and it is the job of the defense to refute 62. Id. at 72. (Madison). the arguments.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.031 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1211 There is also a jury, the U.S. Senate. While the question of whether a impeachment of President Trump. Like a courtroom jury, we sit in si- President can commit a crime and Speaker PELOSI herself said impeach- lence throughout the trial listening to therefore be impeached is firmly set- ment was 21⁄2 years in the making. the arguments of both sides and are tled, there arises another question this When House Democrats finally asked to render a verdict at the conclu- impeachment trial did not sufficiently agreed on a reason to impeach the sion. However, unlike a courtroom but answer but must be addressed in the fu- President, their vote to begin the proc- as instructed by the Constitution, we ture. ess received no Republican votes, and are not jurors subject to peremptory The Constitution says it is the job of multiple Democrats voted against it. It challenge; we are elected officials in- the House of Representatives to im- does not seem unreasonable to me that structed to offer impartial justice peach a President whose trial is held a vote to begin an impeachment in- based on the evidence presented to us. before the Senate. According to cur- quiry which has only partisan support We are not expected to check our rent Senate rules, our body must move and bipartisan opposition—as this one knowledge or our existing relationships forward with impeachment pro- did—is not what the Founders had in at the door. If this were a true trial, all ceedings, but is that according to the mind and is what they firmly rejected Senators would have to recuse them- Constitution? and cautioned us against. selves for the inherent bias connected Article I, section 3 of the Constitu- ‘‘Complaints are everywhere heard to the election certificate they earned. tion states: from our most considerate and vir- As Alexander Hamilton wrote in Fed- The Senate shall have the sole Power to tuous citizens, equally the friends of eralist Paper 65, ‘‘In many cases, it try all Impeachments. When sitting for that public and private faith, and of public [impeachment] will connect itself with Purpose, they shall be on Oath or Affirma- and personal liberty, that our govern- the pre-existing factions, and will en- tion. When the President of the United ments are too unstable, that the public list all their animosities, partialities, States is tried, the Chief Justice shall pre- good is disregarded in the conflicts of side: And no Person shall be convicted with- rival parties, and that measures are influence, and interest on one side or out the Concurrence of two-thirds of the on the other.’’ Rather, we are asked to too often decided, not according to the Members present. rules of justice and the rights of the follow our conscience, to hear the argu- With this impeachment behind us, ments of both sides with an open mind minor party, but by the superior force now is the time we as a body need to of an interested and overbearing major- and deliver a verdict. We also differ evaluate the constitutionality and wis- ity,’’ Founding Father James Madison from courtroom jurors in that we es- dom of our rules requiring the Senate wrote in Federalist Paper 10. ‘‘However tablish the rules for the proceedings. to move forward with any impeach- anxiously we may wish that these com- This is done through organizing resolu- ment articles. We must reaffirm our plaints had no foundation, the evi- tions we debate and pass. right to dictate what is considered on Before considering the merits of this dence, of known facts will not permit the Senate floor and when it is consid- us to deny that they are in some degree particular case, it is important to dis- ered, which is not without precedent. cuss the idea of impeachment itself in true.’’ Article II, section 2 of the Constitu- When it came time for the House to light of the present context. During tion says: vote on impeaching the President, the President Trump’s hearing, the Presi- He [the President] shall nominate, and by same ‘‘overbearing majority’’ outcome dent’s legal team alluded to the idea and with the Advice and Consent of the Sen- occurred. No minds were changed, but that a President can do essentially ate, shall appoint Ambassadors, other public the country was further torn apart and whatever he or she wants, and it will Ministers and Consuls, Judges of the Su- the process strayed beyond the original not be considered an impeachable of- preme Court, and all other Officers of the intent of the Founding Fathers. The United States. fense as long as that President’s inter- two Articles of Impeachment before ests in doing so align with the interests In 2016, after the passing of Supreme this body were, in my view, without of the United States. Court Justice Antonin Scalia, Presi- merit. They were an affront to this in- ‘‘If a President does something which dent Barack Obama appointed a Su- stitution and to our Constitution, rep- he believes will help him get elected in preme Court nominee to replace him. resenting the very same partisan de- the public interest, that cannot be the However, with the election of a new rangement that worried our Founding kind of quid pro quo that results in im- President just months away, the Sen- Fathers so much that they made the peachment,’’ said Alan Dershowitz, a ate declared it would not consider this threshold for impeachment so high. member of the President’s legal team, particular nominee and would instead I think it would be universally agree- during the trial. let the people decide whom they would able that Impeachment Articles passed I feel that particular statement is like to nominate a Supreme Court Jus- by a majority of one party and opposed wrong. The Constitution grants no tice. by members of both parties at the very President absolute power. There is a The Senate was well within its right least fail the spirit of the Constitution. threshold that can be reached. Thank- to decide the timing and consideration, To this point, detractors could say the fully, this was later clarified by Mr. or lack thereof, of this constitutional partisan nature of this impeachment Dershowitz in an opinion piece he obligation to consider judicial nomina- proceeding is the fault of Republicans wrote for The Hill entitled ‘‘I never tions, and the same should be true of who blindly follow President Trump, said the President could do anything to impeachment trials. rather than Democrats whose hatred get re-elected.’’ In it, he said: This is a question in need of an an- for this President compels them to act Any action by a politician motivated in swer for future impeachment pro- more than the facts in front of them. part by a desire to be reelected was, by its ceedings because impeachment articles Such an argument quickly falls apart nature, corrupt. Moving to my response, I brought by the House completely derail when you read the statements of Re- listed three broad categories of relevant mo- Senate legislative activity. We are un- tives, which are pure national interest to publicans who found the President’s ac- help the military, pure corrupt motive to ob- able to consider legislation, nomina- tions inappropriate but did not believe tain a kickback, and mixed-motive to help tions, or conduct any floor activity. they rose to the level of impeachment. the national interest in a way that can also While I agree such an enormous re- That argument further corrodes when help a reelection effort. I said the third mo- sponsibility should elicit our undivided you consider the content of the Im- tive was often the reality of politics, and attention, it seems illogical to auto- peachment Articles and the partisan helping your own reelection effort cannot by matically grant primacy to impeach- and secretive process House Democrats itself necessarily be deemed corrupt. ment articles, especially those as followed in writing them. In the end, it is the duty of every flawed as the ones presented by House Fundamentally, the Articles of Im- Senator to determine whether the Democrats. peachment were incomplete. Demo- President acted in a purely self-inter- The House’s impeachment process crats did not complete their own inves- ested manner without any regard for was entirely partisan. Since the mo- tigation before drafting and ultimately the national interest. Given the full ment he was sworn in, Democrats passing the articles, which is why Sen- context of his actions, it is clear Presi- schemed to remove Donald Trump from ate Democrats spent most of their time dent Trump did not act in a purely self- office. By May of 2017, 26 Democratic demanding witnesses and more docu- ish, boundless manner. Members of Congress had called for the ments. The House also did not provide

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.022 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1212 CONGRESSIONAL RECORD — SENATE February 27, 2020 due process to the President, nor to the the contents were damning. Contrast discourage future House actions like minority during the House investiga- President Trump’s actions even further what we just witnessed from ever oc- tion. In October of 2019, as the House with the House Democrats who pursued curring again. began formally considering impeach- a secretive, one-sided process to craft We must also find ways to take on a ment in earnest, Senator LINDSEY GRA- the narrative they wanted. bureaucracy run rampant. President HAM led several Senators in intro- Despite several pieces of information Trump was impeached because an ducing S. Res. 378. It laid out specific demonstrating the President’s inno- unelected bureaucrat provided false- issues we had with the House process in cence and none to the contrary, House hoods to an overly receptive Demo- hopes it would remedy the situation Democrats continued this crusade. cratic House chairman’s office with a before sending the articles to the Sen- Their fixation on his removal was a directive to remove President Trump. ate. conclusion in search of a justification. The opinion of Federal career staff is In it, we mentioned five rights Presi- They manufactured criminality from not sacrosanct. Without further action, dent Trump was being denied, although a simple phone conversation between these impeachment proceedings will be the House had provided similar due world leaders, leaked by one of the interpreted as empowering to them, process to Presidents Nixon and Clin- many career bureaucrats who seem to rather than a reminder of who holds ton during their impeachments. The have forgotten they work for the elect- constitutional power. denied rights included allowing the ed leaders in this country, not the Finally, as we seek to apply the les- President to be represented by counsel, other way around. Motives matter. In sons learned from this historic time, I permitting the President’s counsel to the future, Senators should be vigilant was reminded of the words Chaplain be present at all hearings and deposi- in figuring out an accuser’s intention. Black offered to us during his daily tions, permitting the President’s coun- There is a common narrative that ca- opening prayer. ‘‘We must pray for sel to present evidence and object to reer bureaucrats are simply righteous, God’s will to be done.’’ There is a high- the admission of evidence, allowing the opinion-less civil servants. This im- er power than any of us, and our coun- President’s counsel to call and cross- peachment and the actions leading up try would benefit from remembering examine witnesses; and giving the to it prove the exact opposite. By no that more often. President’s counsel access to and the means are all of them evil or ill-willed, f ability to respond to the evidence of- but this proceeding showed they are far BAHRAIN fered by the Committee. from unbiased, and they are capable of The impeachment process against weaponizing the tools and access they Mr. WYDEN. Mr. President, 9 years President Trump had been nothing are given. ago this month, citizens of Bahrain more than secretive hearings and selec- Unsurprisingly, this led to two Im- took up banners to demand a greater tive leaks designed to sway public peachment Articles being sent to the role in their society and political proc- opinion and hurt the President politi- Senate on a party-line vote that were ess. cally. It was a hyper-partisan process without merit. They were an affront to Bahrain’s ruling monarchy cracked completely void of due process, and this institution and to our Constitu- down on the peaceful protestors; State that never changed until it reached the tion, representing the very same par- police and security forces arrested hun- Senate. In our resolution, we also high- tisan derangement that worried our dreds and killed more than a dozen, ac- lighted the fact that ‘‘the main allega- Founding Fathers so much they made cording to press reports at the time. tions against President Trump are the threshold for impeachment this Bahrain’s leaders promised account- based on assertions and testimony high. ability and reforms in response to from witnesses whom he is unable to The Founders created the Senate for international condemnation, but they confront, as part of a process in which moments just like this. When Impeach- would implement hardly any of them, he is not able to offer witnesses in his ment Articles are sent to the Senate, it and they rolled back some of the few defense or have a basic understanding is not our job to fix the mistakes made they did implement. of the allegations lodged against him.’’ by the House, and it is not our job to Indeed, the situation in Bahrain has The issue of evidence, both its origin finish an investigation it admittedly only grown worse. Americans for De- and the lack of compelling proof from did not complete. It is the Senate’s sol- mocracy and Human Rights in Bahrain the House managers, became the foun- emn duty to set aside the heat of the wrote last year that ‘‘since 2017, the dation of this impeachment. This in- moment, prevent short-term stress government has intensified the repres- vestigation began because an anony- from leading to long-term decay, and sion through the arrest, detention, and mous national security official ap- deliver impartial justice. conviction of individuals who draw at- proached Democratic chairman ADAM As James Madison said at the Con- tention to the kingdom’s human rights SCHIFF with a secondhand claim that stitutional Convention, ‘‘The Senate is record or criticise the government.’’ President Trump sought to withhold to consist in its proceeding with more Last month, Human Rights Watch aid to a foreign country to force it to coolness, with more system, and with wrote, ‘‘Bahrain’s human rights record announce it would launch an investiga- more wisdom, than the popular worsened in 2019, as the government tion into one of the President’s polit- branch.’’ That is why, even under the carried out executions, convicted crit- ical rivals. cloud of purely partisan politics of the ics for peaceful expression, and threat- President Trump was quick to offer House of Representatives, the Senate ened social media activists.’’ the transcript of the phone call where conducted a complete, comprehensive It gives me no great pleasure to point this allegedly occurred. He did, and it trial. The obvious result of which was out the monarchy’s increasing repres- showed there was, in fact, no quid pro the conclusion that the Democratic-led sion. I have no personal animosity to- quo, and House Democrats in their in- House of Representatives failed to ward Bahrain, which remains an impor- vestigation were never able to produce meet the most basic standards of proof tant U.S. ally. a firsthand witness to testify other- and dramatically lowered the bar for But the U.S. Government has a wise. impeachment in the future to unac- duty—an obligation—to be honest with Future Senators should be sure to ceptable levels. friends and allies and to hold them to note the eagerness or reluctance of an With all of this established, we as a a high standard. I regret to say that accused President to share clarifying Congress and as a nation must unite the Obama administration did not do information. President Trump took un- around some commonsense changes, nearly enough to hold Bahrain to that precedented action to release the tran- both to institutional rules and to our high standard, as I repeatedly came to script of the conversation Democrats understanding of the impeachment this floor to discuss. The Trump ad- called into question—an action he was process. Lowering the bar for impeach- ministration has, for its part, been not legally required to take and most ment undermines our shared demo- even more callously indifferent to the of his predecessors have never done. cratic principles. regime’s abuses, despite Secretary of Contrast that with President Nixon, Impeachment must be a tool em- State Mike Pompeo speaking many who fought until the end to hide his re- ployed only when the evidence is over- times about the importance of human corded conversations because he knew whelming and well-founded. We must rights.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.022 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1213 Just last year, Secretary Pompeo which supports CTE programs in sec- [From Cow Country, Winter 2020] said America can effect change ‘‘[b]y ondary and postsecondary education. DEFINING THE PATH FORWARD articulating abuses and pressuring non- Today, with my Senate CTE Caucus I can only imagine what the founders of compliant regimes.’’ cochairs Senator PORTMAN, Senator the Wyoming Stock Growers Association en- I agree. BALDWIN, and Senator YOUNG and more visioned as to what the path forward would So where is Secretary Pompeo when than half of my colleagues in the Sen- look like back in 1872. It probably had more ate, I am pleased to introduce a bipar- to do with control of the range and dealing it comes to articulating Bahrain’s with cattle rustling. I am pretty sure their abuses and pressuring Bahrain’s rulers tisan resolution to designate February vision did not include the range of issues to do better? The Secretary, like his as Career and Technical Education, that the association deals with today, that boss, is missing in action. CTE, Month. CTE Month encourages came about as obstacles developed while I urge my colleagues to take a hard students, parents, counselors, edu- riding up the path. look at Bahrain’s human rights record, cators, and school leaders to learn I do know that right now I want to look more about the diverse educational op- back down the path to the 2019 Winter to talk with victims of the regime and Roundup Convention. Thank you to all that hear their stories of persecution. portunities offered in their commu- attended and made it such a success. There As I do every year, I renew my call nities and recognize the valuable role was a wide range from older, to young, to on Bahrain’s rulers to change course of CTE in developing a well-educated very young in attendance. There was broad and open space for dialogue, for free and highly skilled workforce in the representation from other industry groups, thought, and for peaceful expression United States. state and federal agencies, legislators, and and protest. By formally recognizing CTE Month etc. The point being is that the great diver- sity, the variety of issues that are dealt f through this resolution, it is our aim to raise greater awareness of the im- with, and the huge array of people that come to share their knowledge and expertise, CAREER AND TECHNICAL portance of improving access to high- EDUCATION MONTH make for a strong organization. For you quality CTE for millions of America’s members that can’t come to the convention, Mr. KAINE. Mr. President, our Na- students and our Nation’s ongoing eco- feel assured that the Wyoming Stock Grow- tion’s continued progress and the so- nomic competitiveness. ers is only a phone call away from addressing cioeconomic mobility of our citizens f your needs. are contingent on the education and So what does the path forward look like? I RECOGNIZING THE WYOMING think that it might look different moving skills of the American workforce and STOCK GROWERS ASSOCIATION forward. Many of us realize that the dynam- its ability to adjust to and fulfill the ics of the ranching industry look much dif- needs of the 21st-century economy. Ca- Mr. BARRASSO. Mr. President, ferent than in past generations. The future reer and technical education, CTE, pro- Scott Sims and his family are ranchers of the Wyoming Stock Growers is in the grams are essential to every student’s at McFadden, in southeastern Wyo- hands of the next generations. They will education, providing them access to ming. Scott also serves as president of have the voice as to what is most important the Wyoming Stock Growers Associa- to their future in the business, and where the the important knowledge, skills, and association might play a role. credentials needed to obtain careers in tion. The Sims family are practitioners of I feel there is a great future in the ranch- rapidly growing, high-demand indus- ing business. The way businesses are struc- holistic management and low-cost pro- tries. Today, approximately 11.8 mil- tured will have a different look as to the duction. They believe they have a re- lion students across the Nation are en- land we operate on. There will be land ar- sponsibility ‘‘to take care of the land, rolled in CTE programs offered by rangements such as leasing and smarter es- with its weather, beauty, isolation and tate planning to keep family ranches in the thousands of career academies, com- recreation. We strive to live independ- right hands. There will be marketing oppor- prehensive high schools, CTE high ently and to follow our passion: with tunities if you take the time to develop and schools, community colleges, and CTE power of choice, faith in States rights, promote a good product. There is no one so- centers. Through applied learning, lution that will make or break the cattle and freedom from excessive regula- these students obtain workplace skills business, but ultimately it will come down tion.’’ to cattle cycles and how you manage and technical training that mirror in- The values the Sims family follows demand positions in the workforce. through them. There is a role for govern- in their work and lives are simple: hon- ment, but keep it limited. Regenerative agri- In the next decade, nearly 3 million esty, respect, integrity, trust, fairness, culture is a growing way of management skilled workers will be needed to fill tolerance, work ethic, self-work, and that can allow for substantially increasing infrastructure positions in the United appreciation of each other and indi- production on the land. Two things that you States, including jobs related to de- vidual faiths. have control over are managing costs, and signing, building, and operating trans- The Wyoming Stock Growers Asso- managing the land. Being able to sell what you do to improve the health of the land will portation, housing, telecommuni- ciation is making plans to celebrate cation, and utilities facilities. CTE allow you many opportunities. Tell your their 150th anniversary in 2022. They story and tell it with confidence. You may programs intentionally match skills are laying the groundwork for the asso- find yourself at the table across from people with workforce demands, lowering the ciation to begin its next 150 years of that may not understand you. They defi- probability of high school dropout and service to Wyoming’s livestock busi- nitely won’t understand if you are not there. increasing the likelihood of graduating nesses and families with a strong com- I just gave my thoughts on what I think is on time. These skills-based training mitment to Wyoming’s resources, the along the path forward, but what does it look like for you? Whatever it is, let’s ride the programs will help fill the estimated 30 industry and their communities. million U.S. jobs available with an av- path together as an industry and as members In the Winter 2020 edition of Cow of the Wyoming Stock Growers. erage income annual income of $55,000 Country, the official magazine of the f that do not require a bachelor’s degree Wyoming Stock Growers Association, yet necessitate some level of postsec- Scott authored an article titled ‘‘Defin- TRIBUTE TO LAURA DOVE ondary education. ing the Path Forward.’’ I believe his Mr. SHELBY. Mr. President, I rise Across Virginia, I hear from manu- words apply just as much to life in today to recognize and honor Laura facturers frustrated by the shortage of America today as they do to the asso- Dove as she retires from serving as qualified skilled production employ- ciation’s planning for the next 150 Secretary for the Majority of the U.S. ees—roles that require the training and years. I wish the Stock Growers all the Senate. instruction provided by CTE. It is es- best as they complete their first 150 Laura began her service many years sential that we highlight the impor- years in Wyoming, and begin their next ago as a Senate page. She returned as tant role of CTE in the country’s abil- century of work on behalf of Wyo- an assistant in the Senate Republican ity to meet the challenges we face in ming’s livestock producers. Cloakroom under Republican Leader economic development, student Mr. President, I ask unanimous con- Bob Dole. In her more than 20 years of achievement, and global competitive- sent that an article written by Scott dedicated service, she has worked in ness. In 2018, Congress affirmed the im- Sims be printed in the RECORD. various capacities. This includes in the portance of CTE by passing the There being no objection, the mate- Republican Cloakroom, with the Sen- Strengthening Career and Technical rial was ordered to be printed in the ate Republican Conference, under Re- Education for the 21st Century Act RECORD, as follows: publican leadership, and in her current

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.018 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1214 CONGRESSIONAL RECORD — SENATE February 27, 2020 role as Secretary for the Majority. This ary publication to Professor Pugh, as serve Training Detachment in New Or- is quite an honor and an accomplish- he had been its longtime editor and as- leans when he saw a sniper firing at ci- ment, as Secretaries for the Majority sociate editor. vilians from a hotel on the news. With- and the Minority are elected officers I cannot congratulate Professor out approval from his supervisors and nominated by the party’s leader. Dur- George Pugh without mentioning his at the risk of his career with the Ma- ing her time in the Senate, Laura pro- late wife of 60 years, Jean Hemphill. rines, he and his crew flew a Marine vided much-needed parliamentary Together, they founded the George W. helicopter loaded with police officers guidance and counsel to Senators. She and Jean H. Pugh Institute for Justice to the hotel and helped to end the car- was no stranger to this type of advice, in 1998, working to promote justice for nage. Many of the police officers and as her father served as the Senate Par- individuals in the administration of survivors credited his actions with sav- liamentarian for many years. criminal and civil justice systems in ing countless lives. Laura has succeeded in every aspect Louisiana and around the world. Chuck served as special assistant to of her service to the U.S. Senate, and I Professor Pugh’s compilation of the the Chairman of the Joint Chiefs of can personally say she will be greatly Louisiana Code of Evidence, distin- Staff during the Iranian hostage crisis. missed throughout the Upper Chamber. guished teaching career, and contribu- By 1990, Chuck was a three-star general I wish her all the best as she transi- tions to the legal system of Louisiana and retired from the Marine Corps. His tions to the next exciting chapter in show the extent to which he has used commands included the Marine Avia- her life. his God-given talents to make the tion Training Support Group in Pensa- world a better place. His incredible f cola, a role as assistant wing com- legal career and many awards speak mander for the 3rd Marine Aircraft ADDITIONAL STATEMENTS volumes to who he is as a Louisianan Wing in California, and the command and an American. of the 1st Marine Aircraft Wing in Professor Pugh, you have made our Japan. TRIBUTE TO GEORGE PUGH State and our Nation proud.∑ Chuck spent much of the rest of his ∑ Mr. CASSIDY. Mr. President, I rise f life in Florida’s Pensacola Beach. He today to congratulate Professor George TRIBUTE TO FRED AND TRESSIE volunteered his time with organiza- Pugh for his distinguished legal career FIKE tions including the Marine Corps and outstanding tenure as an educator League of Pensacola and participated at the Paul M. Hebert Law Center at ∑ Mr. DAINES. Mr. President, this week I have the honor of recognizing in numerous veteran’s events through- Louisiana State University LSU. His out the city, becoming a fixture in the dedication to the law, along with his Fred and Tressie Fike of Mineral Coun- ty for their commitment to helping community. many accomplishments and military I express my sincere condolences to career, is exceptionally impressive and others in the community. Fred and Tressie lead the Superior his wife, two sons, and two daughters displays his commitment to his com- on the loss of an American hero and pa- munity and fellow American. Community Church Shoebox Ministry, which is part of the Samaritan’s triot. May God bless his family during Pugh was born on Bayou Lafourche this time of sorrow.∑ in 1925 and in 1942 began his studies at Purse’s national initiative, Operation LSU. In the midst of World War II, he Christmas Child Shoebox Ministry. f Fred and Tressie partner with their volunteered for military service and MESSAGES FROM THE PRESIDENT church and folks in the community to was deployed to France. After the war, provide shoeboxes filled with toys, hy- Messages from the President of the he returned to LSU after three semes- giene items, clothes, sewing kits, and United States were communicated to ters, he enrolled in LSU Law School. school supplies around the world to the Senate by Ms. Roberts, one of his He earned his juris doctor in 1950 and children impacted by devastating cir- secretaries. went on to Yale Law School to earn his cumstances like war, natural disasters, doctorate of juridical science in 1952. f poverty and disease. Later that year, he joined the LSU When Superior Community Church EXECUTIVE MESSAGES REFERRED Law School faculty as an assistant pro- first participated in this ministry 15 In executive session the Presiding Of- fessor. years ago, they were able to deliver 25 ficer laid before the Senate messages Pugh served 2 years on the Judicial boxes. In 2019, thanks to the leadership from the President of the United Council as the State’s first judicial ad- of Fred and Tressie, they delivered 900. States submitting sundry nominations ministrator for the Louisiana Supreme It is my honor to recognize Fred and which were referred to the appropriate Court. He is known as the ‘‘intellectual Tressie for their generous and selfless committees. father’’ of the Louisiana Code of Evi- efforts within their church ministry (The messages received today are dence, as he and his fellow co-reporters helping children across the world. The printed at the end of the Senate pro- confected the Code of Evidence for the world is a better place as a result of ceedings.) Louisiana State Law Institute, using their dedication.∑ the Federal Rules of Evidence as its f f model. It would be enacted into state MESSAGES FROM THE HOUSE REMEMBERING CHARLES PITMAN law in 1998 and serve as an invaluable At 10:24 a.m., a message from the resource for judges, district attorneys, ∑ Mr. RUBIO. Mr. President, today pay House of Representatives, delivered by and other legal professionals. In all, he tribute to the memory of retired U.S. Mr. Novotny, one of its reading clerks, has provided 43 years of instruction to Marine Corps Lt. Gen. Charles Pitman, announced that the House has passed almost three generations of students. a leader who served in our Nation’s the following bills, in which it requests Pugh also served as a member of the Armed Forces for nearly 40 years, earn- the concurrence of the Senate: Baton Rouge, LA, and American Bar ing the Silver Star, four Distinguished Associations, chairing several commit- H.R. 473. An act to authorize the Every Flying Crosses, and a Purple Heart. Word We Utter Monument to establish a tees. He was a member of the American Chuck Pitman was born in Chicago in commemorative work in the District of Co- Law Institute and received several in- 1935 and enlisted in the U.S. Naval Re- lumbia and its environs, and for other pur- vitations to teach at law schools in serve in 1952 and the U.S. Marine Corps poses. America and around the globe. At LSU, in 1953. A pilot by the age of 14, Chuck H.R. 560. An act to amend section 6 of the he received the ‘‘Hub’’ Cotton Faculty logged more than 12,000 flight hours Joint Resolution entitled ‘‘A Joint Resolu- Excellence Award and an honorary doc- during his career, flying jets and at- tion to approve the Covenant To Establish a torate of law from the University of tack and reconnaissance helicopters. Commonwealth of the Northern Mariana Is- Aix-Marseille III in France, was named lands in Political Union with the United He flew three combat tours in Viet- States of America, and for other purposes’’. a Sterling Fellow at Yale Law School, nam, where his aircraft were shot down H.R. 561. An act to amend title 38, United and was listed in ‘‘Who’s Who in Amer- seven times by enemy fire. States Code, to improve the oversight of con- ica.’’ Upon retiring in 1994, the Lou- On January 7, 1973, Chuck was com- tracts awarded by the Secretary of Veterans isiana Law Review dedicated its Janu- manding officer of the Marine Air Re- Affairs to small business concerns owned and

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.019 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1215 controlled by veterans, and for other pur- tary service to terminate leases of premises EC–4037. A communication from the Board poses. and motor vehicles, and for other purposes; Chairman and Chief Executive Officer, Farm H.R. 1492. An act to update the map of, and to the Committee on Veterans’ Affairs. Credit Administration, transmitting the Ad- modify the maximum acreage available for H.R. 2427. An act to amend the Chesapeake ministration’s proposed fiscal year 2021 inclusion in, the Yucca House National Bay Initiative Act of 1998 to reauthorize the Budget and Performance Plan; to the Com- Monument. Chesapeake Bay Gateways and Watertrails mittee on Agriculture, Nutrition, and For- H.R. 2227. An act to amend the Network; to the Committee on Environment estry. Servicemembers Civil Relief Act to clarify and Public Works. EC–4038. A communication from the Assist- the authority of servicemembers who incur a H.R. 2490. An act to amend the National ant Secretary of Defense (Legislative Af- catastrophic injury or illness while in mili- Trails System Act to direct the Secretary of fairs), transmitting legislative proposals rel- tary service to terminate leases of premises the Interior to conduct a study on the feasi- ative to the ‘‘National Defense Authoriza- and motor vehicles, and for other purposes. bility of designating the Chief Standing Bear tion Act for Fiscal Year 2021’’; to the Com- H.R. 2427. An act to amend the Chesapeake National Historic Trail, and for other pur- mittee on Armed Services. Bay Initiative Act of 1998 to reauthorize the poses; to the Committee on Energy and Nat- EC–4039. A communication from the Acting Chesapeake Bay Gateways and Watertrails ural Resources. Assistant Secretary of Defense (Special Op- Network. H.R. 3399. An act to amend the Nutria erations/Low Intensity Conflict), transmit- H.R. 2490. An act to amend the National Eradication and Control Act of 2003 to in- ting, pursuant to law, a report entitled ‘‘Re- Trails System Act to direct the Secretary of clude California in the program, and for port to Congress on Procedures for Status the Interior to conduct a study on the feasi- other purposes; to the Committee on Envi- Review of Detainees outside the United bility of designating the Chief Standing Bear ronment and Public Works. States’’; to the Committees on Armed Serv- National Historic Trail, and for other pur- H.R. 3749. An act to amend title 38, United ices; and the Judiciary. poses. States Code, to direct the Secretary of Vet- EC–4040. A communication from the Acting H.R. 3399. An act to amend the Nutria erans Affairs to make grants to entities that Assistant Secretary of Defense (Nuclear, Eradication and Control Act of 2003 to in- provide legal services for homeless veterans Chemical, and Biological Defense Programs) clude California in the program, and for and veterans at risk for homelessness, and transmitting, pursuant to law, a notice of other purposes. for other purposes; to the Committee on Vet- additional time required to complete a re- H.R. 3749. An act to amend title 38, United erans’ Affairs. port relative to the Department of Energy’s States Code, to direct the Secretary of Vet- H.R. 4613. An act to direct the Secretary of National Nuclear Security Administration erans Affairs to make grants to entities that Veterans Affairs to establish and maintain a (NNSA) budget meeting the nuclear stock- provide legal services for homeless veterans website of the Department that allows the pile and stockpile stewardship requirements; and veterans at risk for homelessness, and public to obtain electronic copies of certain to the Committee on Armed Services. for other purposes. legislatively requested reports of the Depart- EC–4041. A communication from the Sec- H.R. 4613. An act to direct the Secretary of ment of Veterans Affairs, and for other pur- retary of the Treasury, transmitting, pursu- Veterans Affairs to establish and maintain a poses; to the Committee on Veterans’ Af- ant to law, the six-month periodic report on website of the Department that allows the fairs. the national emergency with respect to Ven- public to obtain electronic copies of certain H.R. 4852. An act to amend title 38, United ezuela that was declared in Executive Order legislatively requested reports of the Depart- States Code, to require the Secretary of Vet- 13692 of March 8, 2015; to the Committee on ment of Veterans Affairs, and for other pur- erans Affairs to make available to veterans Banking, Housing, and Urban Affairs. poses. certain additional information about post- EC–4042. A communication from the Dep- H.R. 4852. An act to amend title 38, United secondary educational institutions, and for uty Assistant Secretary for Export Adminis- States Code, to require the Secretary of Vet- other purposes; to the Committee on Vet- tration, Bureau of Industry and Security, erans Affairs to make available to veterans erans’ Affairs. Department of Commerce, transmitting, pur- certain additional information about post- f suant to law, the report of a rule entitled secondary educational institutions, and for ‘‘Addition of Entities to the Entity List, and other purposes. MEASURES PLACED ON THE Revision of Entry on the Entity List’’ CALENDAR (RIN0694–AH96) received during adjournment At 1:17 p.m., a message from the The following bill was read the sec- of the Senate in the Office of the President of the Senate on February 20, 2020; to the House of Representatives, delivered by ond time, and placed on the calendar: Mr. Novotny, one of its reading clerks, Committee on Banking, Housing, and Urban S. 3339. A bill to restore military priorities, announced that the House has passed Affairs. and for other purposes. EC–4043. A communication from the Presi- the following bill, in which it requests The following bill was read the first dent of the United States, transmitting, pur- the concurrence of the Senate: and second times by unanimous con- suant to law, a report relative to the con- H.R. 35. An act to amend title 18, United sent, and placed on the calendar: tinuation of the national emergency with re- States Code, to specify lynching as a depri- spect to Libya declared in Executive Order vation of civil rights, and for other purposes. H.R. 1492. An act to update the map of, and 13566; to the Committee on Banking, Hous- modify the maximum acreage available for f ing, and Urban Affairs. inclusion in, the Yucca House National EC–4044. A communication from the Sec- MEASURES REFERRED Monument. retary of the Treasury, transmitting, pursu- The following bills were read the first f ant to law, a six-month periodic report on and the second times by unanimous the national emergency with respect to Iran EXECUTIVE AND OTHER as declared in Executive Order 12957 of March consent, and referred as indicated: COMMUNICATIONS 15, 1995; to the Committee on Banking, Hous- H.R. 473. An act to authorize the Every The following communications were ing, and Urban Affairs. Word We Utter Monument to establish a laid before the Senate, together with EC–4045. A communication from the Sec- commemorative work in the District of Co- retary of Commerce, transmitting, pursuant lumbia and its environs, and for other pur- accompanying papers, reports, and doc- to law, a report relative to the export to the poses; to the Committee on Energy and Nat- uments, and were referred as indicated: People’s Republic of China of items not det- ural Resources. EC–4035. A communication from the Direc- rimental to the U.S. space launch industry; H.R. 560. An act to amend section 6 of the tor of Congressional Relations and Govern- to the Committee on Banking, Housing, and Joint Resolution entitled ‘‘A Joint Resolu- ment Affairs, Office of the Special Inspector Urban Affairs. tion to approve the Covenant To Establish a General for Afghanistan Reconstruction, EC–4046. A communication from the Gen- Commonwealth of the Northern Mariana Is- transmitting, pursuant to law, a report rel- eral Counsel, Federal Energy Regulatory lands in Political Union with the United ative to the Office’s January 2020 quarterly Commission, transmitting, pursuant to law, States of America, and for other purposes’’; report to Congress (OSS–2020–0201); to the the report of a rule entitled ‘‘Cyber Security to the Committee on Energy and Natural Re- Committees on Appropriations; Armed Serv- - Communications between Control Centers sources. ices; and Foreign Relations. Reliability Standard’’ received during ad- H.R. 561. An act to amend title 38, United EC–4036. A communication from the Ad- journment of the Senate in the Office of the States Code, to improve the oversight of con- ministrator, Agricultural Marketing Serv- President of the Senate on February 14, 2020; tracts awarded by the Secretary of Veterans ice, Department of Agriculture, transmit- to the Committee on Energy and Natural Re- Affairs to small business concerns owned and ting, pursuant to law, the report of a rule en- sources. controlled by veterans, and for other pur- titled ‘‘Nomenclature changes; Technical EC–4047. A communication from the Chair- poses; to the Committee on Veterans’ Af- Amendment’’ ((7 CFR Chapter I) (Docket No. man of the Federal Energy Regulatory Com- fairs. AMS–LRRS–19–0099)) received during ad- mission, transmitting, pursuant to law, a re- H.R. 2227. An act to amend the journment of the Senate in the Office of the port relative to the progress made in licens- Servicemembers Civil Relief Act to clarify President of the Senate on February 19, 2020; ing and constructing the Alaska Natural Gas the authority of servicemembers who incur a to the Committee on Agriculture, Nutrition, Pipeline; to the Committee on Energy and catastrophic injury or illness while in mili- and Forestry. Natural Resources.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.047 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1216 CONGRESSIONAL RECORD — SENATE February 27, 2020 EC–4048. A communication from the Direc- the Senate on February 14, 2020; to the Com- Senate on February 14, 2020; to the Com- tor of the Regulatory Management Division, mittee on Finance. mittee on Veterans’ Affairs. Environmental Protection Agency, transmit- EC–4056. A communication from the Chief EC–4066. A communication from the Attor- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, ney Adviser, Federal Railroad Administra- titled ‘‘Air Plan Approval; California; Mo- Internal Revenue Service, Department of the tion, Department of Transportation, trans- jave Desert Air Quality Management Dis- Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule trict’’ (FRL No. 10005–31–Region 9) received report of a rule entitled ‘‘Determination of entitled ‘‘Risk Reduction Program’’ during adjournment of the Senate in the Of- the Maximum Value of a Vehicle for Use (RIN2130–AC11) received during adjournment fice of the President of the Senate on Feb- with the Fleet-Average and Vehicle Cents- of the Senate in the Office of the President ruary 18, 2020; to the Committee on Environ- Per-Mile Valuation Rules’’ ((RIN1545–BP14) of the Senate on February 19, 2020; to the ment and Public Works. (TD 9893)) received during adjournment of Committee on Commerce, Science, and EC–4049. A communication from the Direc- the Senate in the Office of the President of Transportation. tor of the Regulatory Management Division, the Senate on February 14, 2020; to the Com- EC–4067. A communication from the Attor- Environmental Protection Agency, transmit- mittee on Finance. ney-Advisor, Office of General Counsel, De- ting, pursuant to law, the report of a rule en- EC–4057. A communication from the Direc- partment of Transportation, transmitting, titled ‘‘Air Plan Approval; California; San tor, Office of Regulations and Reports Clear- pursuant to law, a report relative to a va- Diego County Air Pollution Control Dis- ance, Social Security Administration, trans- cancy in the position of Inspector General, trict’’ (FRL No. 10004–14–Region 9) received mitting, pursuant to law, the report of a rule Department of Transportation, received in during adjournment of the Senate in the Of- entitled ‘‘Advance Designation of Represent- the Office of the President of the Senate on fice of the President of the Senate on Feb- ative Payees for Social Security Bene- February 12, 2020; to the Committee on Com- ruary 18, 2020; to the Committee on Environ- ficiaries’’ (RIN0960–AI33) received during ad- merce, Science, and Transportation. ment and Public Works. journment of the Senate in the Office of the EC–4068. A communication from the Asso- EC–4050. A communication from the Direc- President of the Senate on February 18, 2020; ciate Administrator for OPA, Pipeline and tor of the Regulatory Management Division, to the Committee on Finance. Hazardous Materials Safety Administration, Environmental Protection Agency, transmit- EC–4058. A communication from the Assist- Department of Transportation, transmitting, ting, pursuant to law, the report of a rule en- ant Secretary, Bureau of Legislative Affairs, pursuant to law, the report of a rule entitled titled ‘‘Air Plan Approval; Massachusetts; Department of State, transmitting, pursuant ‘‘Pipeline Safety: Safety Underground Nat- Infrastructure State Implementation Plan to law, the report of a rule entitled ‘‘Pass- ural Gas Storage Facilities’’ (RIN2137–AF22) Requirements for the 2015 Ozone Standard’’ ports; Clarification of Previous Rule Relat- received in the Office of the President of the (FRL No. 10005–36–Region 1) received during ing to Treatment of Serious Tax Debt’’ Senate on February 12, 2020; to the Com- adjournment of the Senate in the Office of ((RIN1400–AE90) (22 CFR Part 51)) received mittee on Commerce, Science, and Transpor- the President of the Senate on February 18, during adjournment of the Senate in the Of- tation. 2020; to the Committee on Environment and fice of the President of the Senate on Feb- EC–4069. A communication from the Attor- Public Works. ruary 19, 2020; to the Committee on Foreign ney-Advisor, U.S. Coast Guard, Department EC–4051. A communication from the Direc- Relations. of Homeland Security, transmitting, pursu- tor of the Regulatory Management Division, EC–4059. A communication from the Board ant to law, the report of a rule entitled ‘‘Spe- Environmental Protection Agency, transmit- Members of the Railroad Retirement Board, cial Local Regulation; Gasparilla Marine Pa- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the Board’s rade; Hillsborough Bay; Tampa, FL’’ titled ‘‘Air Plan Approval; Washington; Up- Congressional Justification of Budget Esti- ((RIN1625–AA08) (Docket No. USCG–2020– dates to Source-Category Regulations’’ (FRL mates Report for fiscal year 2021; to the 0020)) received in the Office of the President No. 10005–19–Region 10) received during ad- Committee on Health, Education, Labor, and of the Senate on February 13, 2020; to the journment of the Senate in the Office of the Pensions. Committee on Commerce, Science, and President of the Senate on February 18, 2020; EC–4060. A communication from the Sec- Transportation. to the Committee on Environment and Pub- retary of Education, transmitting, pursuant EC–4070. A communication from the Attor- lic Works. to law, the Department’s Annual Perform- ney-Advisor, U.S. Coast Guard, Department EC–4052. A communication from the Direc- ance Report for fiscal year 2019 and Annual of Homeland Security, transmitting, pursu- tor of the Regulatory Management Division, Performance Plan for fiscal year 2021; to the ant to law, the report of a rule entitled ‘‘Spe- Environmental Protection Agency, transmit- Committee on Health, Education, Labor, and cial Local Regulations; Recurring Marine ting, pursuant to law, the report of a rule en- Pensions. Events, Sector Miami’’ ((RIN1625–AA08) titled ‘‘Air Plan Conditional Approval; Ari- EC–4061. A communication from the Acting (Docket No. USCG–2018–0749)) received in the zona; Maricopa County’’ (FRL No. 10005–65– Director of the Federal Mediation and Con- Office of the President of the Senate on Feb- Region 9) received during adjournment of the ciliation Service, transmitting, pursuant to ruary 13, 2020; to the Committee on Com- Senate in the Office of the President of the law, a report entitled ‘‘Analysis of Entity’s merce, Science, and Transportation. Senate on February 18, 2020; to the Com- Systems, Controls, and Legal Compliance, EC–4071. A communication from the Attor- mittee on Environment and Public Works. fiscal year 2019’’; to the Committee on Home- ney-Advisor, U.S. Coast Guard, Department EC–4053. A communication from the Direc- land Security and Governmental Affairs. of Homeland Security, transmitting, pursu- tor of the Regulatory Management Division, EC–4062. A communication from the Presi- ant to law, the report of a rule entitled Environmental Protection Agency, transmit- dent of the United States, transmitting, pur- ‘‘Safety Zone, Delaware River, Philadelphia, ting, pursuant to law, the report of a rule en- suant to law, the Economic Report of the PA’’ ((RIN1625–AA00) (Docket No. USCG– titled ‘‘Approval of Air Quality Implementa- President together with the 2020 Annual Re- 2019–0897)) received in the Office of the Presi- tion Plans; California; Ventura County; 8- port of the Council of Economic Advisers; to dent of the Senate on February 13, 2020; to Hour Ozone Nonattainment Area Require- the Joint Economic Committee. the Committee on Commerce, Science, and ments’’ (FRL No. 10005–67–Region 9) received EC–4063. A communication from the Prin- Transportation. during adjournment of the Senate in the Of- cipal Deputy Assistant Attorney General, Of- EC–4072. A communication from the Attor- fice of the President of the Senate on Feb- fice of Legislative Affairs, Department of ney-Advisor, U.S. Coast Guard, Department ruary 18, 2020; to the Committee on Environ- Justice, transmitting, a report relative to of Homeland Security, transmitting, pursu- ment and Public Works. the views of the Department on H.R.J. Res. ant to law, the report of a rule entitled EC–4054. A communication from the Direc- 79 and S.J. Res. 6, the ‘‘Removing the Dead- ‘‘Safety Zone; Super Bowl 2020, Bayfront tor of the Regulatory Management Division, line for the Ratification of the Equal Rights Park, Miami, FL’’ ((RIN1625–AA87) (Docket Environmental Protection Agency, transmit- Amendment’’; to the Committee on the Judi- No. USCG–2019–0830)) received in the Office of ting, pursuant to law, the report of a rule en- ciary. the President of the Senate on February 13, titled ‘‘Clean Air Plans; 2008 8-Hour Ozone EC–4064. A communication from the Direc- 2020; to the Committee on Commerce, Nonattainment Area Requirements; Deter- tor, Administrative Office of the United Science, and Transportation. mination of Attainment by the Attainment States Courts, transmitting, pursuant to EC–4073. A communication from the Attor- Date; Imperial County, California’’ (FRL No. law, the Uniform Resource Locator (URL) ney-Advisor, U.S. Coast Guard, Department 10005–51–Region 9) received during adjourn- for the corrected and updated report entitled of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- ‘‘2019 Report of Statistics Required by the ant to law, the report of a rule entitled dent of the Senate on February 18, 2020; to Bankruptcy Abuse Prevention and Consumer ‘‘Safety Zone; Delaware River, Hamilton the Committee on Environment and Public Protection Act of 2005’’; to the Committee on Township, NJ’’ ((RIN1625–AA00) (Docket No. Works. the Judiciary. USCG–2020–0072)) received in the Office of the EC–4055. A communication from the Chief EC–4065. A communication from the Direc- President of the Senate on February 13, 2020; of the Publications and Regulations Branch, tor, Office of Regulation Policy and Manage- to the Committee on Commerce, Science, Internal Revenue Service, Department of the ment, Department of Veterans Affairs, trans- and Transportation. Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule EC–4074. A communication from the Attor- report of a rule entitled ‘‘Revenue Ruling: entitled ‘‘Federal Civil Penalties Inflation ney-Advisor, U.S. Coast Guard, Department 2019–13 and Revenue Ruling 2009–14’’ (Rev. Adjustment Act Amendments’’ (RIN2900– of Homeland Security, transmitting, pursu- Rul. 2020–05) received during adjournment of AQ85) received during adjournment of the ant to law, the report of a rule entitled the Senate in the Office of the President of Senate in the Office of the President of the ‘‘Coast Guard Sector Virginia; Technical

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.051 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1217 Amendment’’ (Docket No. USCG–2019–0943) mittee on Commerce, Science, and Transpor- Marine Fisheries Service, Department of received in the Office of the President of the tation. Commerce, transmitting, pursuant to law, Senate on February 13, 2020; to the Com- EC–4082. A communication from the Dep- the report of a rule entitled ‘‘Fisheries of the mittee on Commerce, Science, and Transpor- uty Assistant Administrator, National Ma- Northeastern United States; Expanding the tation. rine Fisheries Service, Department of Com- Scallop Dredge Exemption Areas Under the EC–4075. A communication from the Attor- merce, transmitting, pursuant to law, the re- Northeast Multispecies Fishery Management ney, U.S. Coast Guard, Department of Home- port of a rule entitled ‘‘Fisheries of the Ex- Plan’’ (RIN0648–BH68) received in the Office land Security, transmitting, pursuant to clusive Economic Zone Off Alaska; Inseason of the President of the Senate on February law, the report of a rule entitled ‘‘Safety Adjustment to the 2020 Bering Sea and Aleu- 13, 2020; to the Committee on Commerce, Zones; Humboldt Bay Bar and Entrance tian Islands Pollock, Atka Mackerel, and Pa- Science, and Transportation. Channel, Eureka, CA, Noyo River Entrance cific Cod Total Allowable Catch Amounts’’ EC–4090. A communication from the Dep- Channel, Ft. Bragg, CA, and Crescent City (RIN0648–XY059) received in the Office of the uty Assistant Administrator, National Ma- Harbor Entrance Channel, Crescent City, President of the Senate on February 13, 2020; rine Fisheries Service, Department of Com- CA’’ ((RIN1625–AA00) (Docket No. USCG– to the Committee on Commerce, Science, merce, transmitting, pursuant to law, the re- 2019–0956)) received in the Office of the Presi- and Transportation. port of a rule entitled ‘‘Fisheries of the Car- dent of the Senate on February 13, 2020; to EC–4083. A communication from the Acting ibbean, Gulf of Mexico, and South Atlantic; the Committee on Commerce, Science, and Director, National Marine Fisheries Service, Reef Fish Fishery of the Gulf of Mexico; Transportation. Department of Commerce, transmitting, pur- Amendments 50A–F’’ (RIN0648–BI84) received EC–4076. A communication from the Attor- suant to law, the report of a rule entitled in the Office of the President of the Senate ney-Advisor, U.S. Coast Guard, Department ‘‘Fisheries of the Exclusive Economic Zone on February 13, 2020; to the Committee on of Homeland Security, transmitting, pursu- Off Alaska; Pollock in Statistical Area 610 in Commerce, Science, and Transportation. ant to law, the report of a rule entitled the Gulf of Alaska’’ (RIN0648–XY068) received EC–4091. A communication from the Acting ‘‘Safety Zone; Hurricanes, Tropical Storms in the Office of the President of the Senate Director, National Marine Fisheries Service, and Other Disasters in South Florida’’ on February 13, 2020; to the Committee on Department of Commerce, transmitting, pur- ((RIN1625–AA00) (Docket No. USCG–2016– Commerce, Science, and Transportation. suant to law, the report of a rule entitled 1067)) received in the Office of the President EC–4084. A communication from the Acting ‘‘International Fisheries; Pacific Fisheries; of the Senate on February 13, 2020; to the Director, National Marine Fisheries Service, 2019 Commercial Pacific Bluefin Tuna Committee on Commerce, Science, and Department of Commerce, transmitting, pur- Inseason Actions; Notice of Commercial Pa- Transportation. suant to law, the report of a rule entitled cific Bluefin Tuna 2020 Catch Limit’’ EC–4077. A communication from the Attor- ‘‘Fisheries of the Exclusive Economic Zone (RIN0648–XW017) received in the Office of the ney, U.S. Coast Guard, Department of Home- Off Alaska; Reallocation of Pacific Cod in President of the Senate on February 13, 2020; land Security, transmitting, pursuant to the Bering Sea and Aleutian Islands Manage- to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Navigation ment Area’’ (RIN0648–XY066) received in the and Transportation. and Navigable Waters, and Shipping; Tech- Office of the President of the Senate on Feb- EC–4092. A communication from the Dep- nical, Organizational, and Conforming ruary 13, 2020; to the Committee on Com- uty Assistant Administrator, National Ma- Amendments for U.S. Coast Guard Field Dis- merce, Science, and Transportation. rine Fisheries Service, Department of Com- EC–4085. A communication from the Acting trict 1’’ ((RIN1625–ZA83) (Docket No. USCG– merce, transmitting, pursuant to law, the re- Director, National Marine Fisheries Service, 2018–0532)) received in the Office of the Presi- port of a rule entitled ‘‘Magnuson-Stevens Department of Commerce, transmitting, pur- dent of the Senate on February 13, 2020; to Act Provisions; Fisheries Off West Coast suant to law, the report of a rule entitled the Committee on Commerce, Science, and States; Pacific Coast Groundfish Fishery; ‘‘Fisheries of the Exclusive Economic Zone Transportation. 2019–2020 Biennial Specifications and Man- EC–4078. A communication from the Attor- Off Alaska; Pacific Cod by Catcher Vessels agement Measures; Correction’’ (RIN0648– ney, U.S. Coast Guard, Department of Home- Greater Than or Equal to 60 Feet Length BJ21) received during adjournment of the Overall Using Pot Gear in the Bering Sea land Security, transmitting, pursuant to Senate in the Office of the President of the and Aleutian Islands Management Area’’ law, the report of a rule entitled ‘‘Navigation Senate on February 14, 2020; to the Com- (RIN0648–XY067) received during adjourn- and Navigable Waters, and Shipping; Tech- mittee on Commerce, Science, and Transpor- ment of the Senate in the Office of the Presi- nical, Organizational, and Conforming tation. dent of the Senate on February 14, 2020; to Amendments for U.S. Coast Guard Field Dis- EC–4093. A communication from the Dep- the Committee on Commerce, Science, and tricts 5, 8, 9, 11, 13, 14, and 17’’ ((RIN1625– uty Assistant Administrator, National Ma- Transportation. rine Fisheries Service, Department of Com- ZA38) (Docket No . USCG–2018–0533)) received EC–4086. A communication from the Acting merce, transmitting, pursuant to law, the re- in the Office of the President of the Senate Director, Office of Sustainable Fisheries, De- port of a rule entitled ‘‘Magnuson-Stevens on February 13, 2020; to the Committee on partment of Commerce, transmitting, pursu- Act Provisions; Fisheries of the North- Commerce, Science, and Transportation. ant to law, the report of a rule entitled EC–4079. A communication from the Dep- ‘‘Fisheries of the Exclusive Economic Zone eastern United States; Northeast Multispe- uty Assistant Administrator, National Ma- Off Alaska; Pacific Cod by Pot Catcher/Proc- cies Fishery; 2018 Allocation of Northeast rine Fisheries Service, Department of Com- essors in the Bering Sea and Aleutian Islands Multispecies Annual Catch Entitlements and merce, transmitting, pursuant to law, the re- Management Area’’ (RIN0648–XY065) received Approval of a Regulatory Exemption for Sec- port of a rule entitled ‘‘International Fish- in the Office of the President of the Senate tors’’ (RIN0648–XF989) received during ad- eries; Pacific Tuna Fisheries; Fishing Re- on February 13, 2020; to the Committee on journment of the Senate in the Office of the strictions for Tropical Tuna in the Eastern Commerce, Science, and Transportation. President of the Senate on February 14, 2020; Pacific Ocean 2018–2020’’ (RIN0648–BH13) re- EC–4087. A communication from the Dep- to the Committee on Commerce, Science, ceived during adjournment of the Senate in uty Assistant Administrator, National Ma- and Transportation. the Office of the President of the Senate on rine Fisheries Service, Department of Com- EC–4094. A communication from the Chief February 14, 2020; to the Committee on Com- merce, transmitting, pursuant to law, the re- of Regulatory Development, Federal Motor merce, Science, and Transportation. port of a rule entitled ‘‘Pacific Island Pe- Carrier Safety Administration, Department EC–4080. A communication from the Dep- lagic Fisheries; 2018 U.S. Territorial of Transportation, transmitting, pursuant to uty Assistant Administrator, National Ma- Longline Bigeye Tuna Catch Limits’’ law, the report of a rule entitled ‘‘Fees for rine Fisheries Service, Department of Com- (RIN0648–XG025) received during adjourn- the Unified Carrier Registration Plan and merce, transmitting, pursuant to law, the re- ment of the Senate in the Office of the Presi- Agreement’’ (RIN2126–AC25) received during port of a rule entitled ‘‘Fisheries of the Ex- dent of the Senate on February 14, 2020; to adjournment of the Senate in the Office of clusive Economic Zone Off Alaska; Pollock the Committee on Commerce, Science, and the President of the Senate on February 18, in Statistical Area 610 in the Gulf of Alaska’’ Transportation. 2020; to the Committee on Commerce, (RIN0648–XG885) received during adjourn- EC–4088. A communication from the Assist- Science, and Transportation. ment of the Senate in the Office of the Presi- ant Deputy Director for Regulatory Pro- EC–4095. A communication from the Asso- dent of the Senate on February 14, 2020; to grams, National Marine Fisheries Service, ciate Managing Director, Office of Managing the Committee on Commerce, Science, and Department of Commerce, transmitting, pur- Director, Federal Communications Commis- Transportation. suant to law, the report of a rule entitled sion, transmitting, pursuant to law, the re- EC–4081. A communication from the Dep- ‘‘Technical Amendment To Update Internet port of a rule entitled ‘‘Structure and Prac- uty Assistant Administrator, National Ma- Web Addresses in Marine Mammal Protec- tices of the Video Relay Service Program; rine Fisheries Service, Department of Com- tion Act and Dolphin Protection Consumer Telecommunications Relay Services and merce, transmitting, pursuant to law, the re- Information Act Regulations’’ (RIN0648– Speech-to-Speech Services for Individuals port of a rule entitled ‘‘Fisheries of the BH09) received during adjournment of the with Hearing and Speech Disabilities, Report Northeastern United States; Atlantic Her- Senate in the Office of the President of the and Order’’ ((FCC 20–7) (CG Docket Nos. 10– ring Fishery; Adjustments to 2018 Manage- Senate on February 14, 2020; to the Com- 51, and 03–123)) received during adjournment ment Area Annual Catch Limits’’ (RIN0648– mittee on Commerce, Science, and Transpor- of the Senate in the Office of the President XF898) received during adjournment of the tation. of the Senate on February 19, 2020; to the Senate in the Office of the President of the EC–4089. A communication from the Acting Committee on Commerce, Science, and Senate on February 14, 2020; to the Com- Deputy Assistant Administrator, National Transportation.

VerDate Sep 11 2014 06:04 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.053 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1218 CONGRESSIONAL RECORD — SENATE February 27, 2020 EC–4096. A communication from the Senior disparities, it is critical to amplify the the United States Senate, the Speaker of the Director of Government Affairs and Cor- voices of black mothers, women, families, United States House of Representatives and porate Communications, National Railroad and stakeholders, as well as people from all each Member of the Maine Congressional Passenger Corporation, Amtrak, transmit- racial and ethnic minorities who are bur- Delegation. ting, pursuant to law, Amtrak’s fiscal year dened by unjust health disparities; now, 2021 General and Legislative Annual Report, therefore, be it POM–184. A resolution adopted by the fiscal year 2021 grant request, and Amtrak’s Resolved by the House of Representatives, House of Representatives of the Common- fiscal year 2021–2025 Five-Year Service and That we urge the Congress of the United wealth of Kentucky urging the United States Asset Line Plan; to the Committee on Com- States to establish and fund programs that Congress to require car manufacturers to im- merce, Science, and Transportation. support positive health practices for minor- prove safety devices on automobiles for the protection of children left in cars; to the f ity mothers; and be it further Resolved, That copies of this resolution be Committee on Commerce, Science, and PETITIONS AND MEMORIALS transmitted to the President of the United Transportation. The following petitions and memo- States, the President of the United States HOUSE RESOLUTION NO. 11 Senate, the Speaker of the United States rials were laid before the Senate and Whereas, vehicular heatstroke is a term House of Representatives, the Secretary of used by safety experts to describe the death were referred or ordered to lie on the Health and Human Services, and members of of a person, especially a child, left unat- table as indicated: the Michigan congressional delegation. tended in a vehicle, where even on mild days POM–182. A resolution adopted by the temperatures can reach greater than 100 de- House of Representatives of the State of POM–183. A joint resolution adopted by the grees; and Michigan urging the United States Congress Legislature of the State of Maine urging the Whereas, in 2018, a record number of 53 to establish and fund programs that support United States Congress to provide access to children died, and in the first half of 2019 at positive health practices for minority moth- banking and insurance services to legal can- least 29 children have died, due to vehicular ers; to the Committee on Health, Education, nabis and cannabis-related businesses; to the heatstroke; and Labor, and Pensions. Committee on the Judiciary. Whereas, more than half of vehicular heat- stroke cases from 1998 to 2018 were because HOUSE RESOLUTION NO. 123 HOUSE PAPER 1440 an adult accidently left a child in the vehi- Whereas, as the country with the highest Whereas, despite being illegal at the fed- cle; and maternal death rate in the developed world, eral level, cannabis is now legal in 33 states, Whereas, a child’s vehicular heatstroke the U.S. lags behind many other countries. the District of Columbia, Guam and the death is a matter of circumstance that could The U.S. also struggles with persistent racial Commonwealth of Puerto Rico, which ac- happen to any parent and has happened to disparities. Black mothers in the U.S. die at count for 68% of the population of the United people in all walks of life; and three to four times the rate of white mothers States; and Whereas, vehicular heatstroke is one of the according to the Centers for Disease Control Whereas, due to the conflict between state leading causes of non-crash-related fatalities and Prevention. From 2011 to 2013, preg- and federal law, the vast majority of finan- among children; and nancy-related deaths among black women cial institutions and insurers are unwilling Whereas, technology currently exists, such were dramatically higher than women of to provide services to legal cannabis busi- as seat belt clasp monitors, rear door open- other races, with 43.5 deaths per 100,000 live nesses, and those that do could be subject to ing sensors, and seat weight sensors, that births among black women compared to 12.7 severe criminal and civil penalties; and could equip motor vehicles with a system to and 14.4 deaths per 100,000 live births among Whereas, in addition to legal cannabis detect the presence of a child in the rear seat white women and women of other races, re- businesses being denied access to banking of a vehicle after the vehicle is turned off spectively; and services, businesses that serve the cannabis and the driver exits the vehicle; and Whereas, Michigan ranks 27th in the na- industry, either directly or indirectly, may Whereas, if sensors detect a child is left, tion for its maternal mortality rate, and be denied banking services simply because the system would issue an audible warning; Michigan’s pregnancy-related mortality they are being paid with money derived from and rates are particularly concerning for black cannabis sales; and Whereas, the installation of such tech- women. Between 1999 and 2010, black women Whereas, lacking banking services, many nology would help prevent heatstroke-re- in Michigan experienced a pregnancy-related legal cannabis businesses operate solely in lated deaths due to children being left alone mortality rate of 50.8 deaths per 100,000 live cash, and cash-based systems are inefficient, in a vehicle; Now, therefore, be it births compared to 16.6 deaths per 100,000 live expensive and opaque and make illicit activ- Resolved by the House of Representatives of births for white women according to the ity more difficult for law enforcement agen- the General Assembly of the Commonwealth of Michigan Maternal Mortality Surveillance cies and state regulators to track; and Kentucky: Project; and Whereas, lacking access to insurance, Section 1. The Kentucky House of Rep- Whereas, the high death rate of minority many legal cannabis businesses are unable to resentatives respectfully urges the Congress mothers is one of the widest of all racial dis- obtain sufficient coverage for business risks, of the United States to require automobile parities in women’s health. Black women are leaving consumers, employees, vendors and manufacturers to install safety features that 22 percent more likely to die from heart dis- owners without adequate financial protec- will give an audible alert when a child is left ease than white women and 71 percent more tion; and in the backseat to prevent the deaths of chil- likely to die from cervical cancer, but they Whereas, a bipartisan group of 38 attorneys dren from being left alone in a hot car. Tech- are 243 percent more likely to die from general has identified cash associated with nology used could include, but not be limited pregnancy- or childbirth-related causes. the cannabis industry as a public safety con- to, seat belt monitors, rear door opening sen- Black women are two to three times more cern; and sors, and seat weight sensors. These sensors likely than white women to die from preg- Whereas, despite guidance from the United should give an audible alert through the nancy-related conditions, such as States Department of the Treasury, Finan- car’s horn if the child is not removed within preeclampsia, eclampsia, abruptio placentae, cial Crimes Enforcement Network to clarify a minimum amount of time after the driver placenta previa, and postpartum hemor- federal Bank Secrecy Act expectations, fed- exits the vehicle. rhage. These alarming statistics for black eral banking regulators lack the legal au- Section 2. The Clerk of the House of Rep- maternal health cut across socio-economic thority to provide banks a safe harbor from resentatives shall send a copy of this Resolu- status, maternal age, and education levels; federal law; and tion to the President and Vice President of and Whereas, the Congress of the United States the United States of America, the Speaker of Whereas, despite the nationwide need for has the sole authority to solve the banking the United States House of Representatives, improvements in maternal health, more than and insurance issue by enacting legislation the Minority Leader of the United States 100 diseases and conditions receive more that provides protections for insurers, in- House of Representatives, the Majority funding from the National Institutes of cluding surety bond writers, and financial in- Leader of the United States Senate, the Mi- Health than maternal health; and stitutions that offer services to legal can- nority Leader of the United States Senate, Whereas, it is important to recognize the nabis businesses and service providers for and each member of the Kentucky Congres- necessity of ending maternal mortality na- such businesses; now, therefore, be it sional Delegation. tionally and globally and intensifying initia- Resolved, That We, your Memorialists, re- POM–185. A petition from a citizen of the tives to improve maternal health and rights. spectfully urge and request that the Con- State of Texas relative to drug pricing nego- It is vital to bring attention to the state of gress of the United States enact federal laws tiation for Medicare and Medicaid recipients; minority and black maternal health, study regarding the use and sale of cannabis that to the Committee on Finance. and understand the root causes of poor ma- respect state law and promote public safety ternal health outcomes, and support commu- without compromising federal enforcement f nity-driven programs and care solutions. We of money laundering laws against criminal INTRODUCTION OF BILLS AND acknowledge the crucial importance of im- enterprises; and be it further JOINT RESOLUTIONS proving prenatal care, overall maternal Resolved, That suitable copies of this reso- health care, breastfeeding rates, and nutri- lution, duly authenticated by the Secretary The following bills and joint resolu- tion. To properly address maternal health of State, be transmitted to the President of tions were introduced, read the first

VerDate Sep 11 2014 22:19 May 26, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD20\FEBRUARY\S27FE0.REC S27FE0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1219 and second times by unanimous con- By Mr. CORNYN (for himself and Ms. the proceeds from the auction of the C-band sent, and referred as indicated: ROSEN): to fund measures to provide students with S. 3351. A bill to direct the Director of the access to the internet at home, and for other By Mr. BENNET (for himself and Mr. National Science Foundation to support purposes; to the Committee on Commerce, KING): multidisciplinary research on the science of S. 3340. A bill to amend the Help America Science, and Transportation. Vote Act of 2002 to support State and local suicide, and to advance the knowledge and By Mr. SHELBY (for himself and Mr. governments making a transition to ranked understanding of issues that may be associ- JONES): S. 3363. A bill to establish the Alabama choice voting; to the Committee on Rules ated with several aspects of suicide including Black Belt National Heritage Area, and for and Administration. intrinsic and extrinsic factors related to other purposes; to the Committee on Energy By Mr. VAN HOLLEN (for Mr. SAND- areas such as wellbeing, resilience, and vul- nerability; to the Committee on Commerce, and Natural Resources. ERS (for himself and Mr. VAN HOL- Science, and Transportation. By Mr. BOOKER: LEN)): S. 3364. A bill to improve the health and S. 3341. A bill to amend the Internal Rev- By Mr. SULLIVAN (for himself, Mrs. academic achievement of students in highly enue Code of 1986 to restrict the tax benefits FEINSTEIN, Mr. KING, and Ms. MUR- of executive deferred compensation and in- KOWSKI): polluted environments, and for other pur- crease disclosure, and for other purposes; to S. 3352. A bill to require that Federal agen- poses; to the Committee on Health, Edu- the Committee on Finance. cies only procure cut flowers and cut greens cation, Labor, and Pensions. By Mr. COTTON (for himself, Mrs. grown in the United States, and for other By Mr. CASSIDY (for himself and Mr. KENNEDY): LOEFFLER, and Mrs. BLACKBURN): purposes; to the Committee on Homeland Se- S. 3342. A bill to amend the Controlled Sub- curity and Governmental Affairs. S. 3365. A bill to designate the facility of stances Act to prohibit the deceptive sale of By Mr. CASSIDY (for himself, Mr. DUR- the United States Postal Service located at fentanyl, and for other purposes; to the Com- BIN, Ms. ERNST, Mrs. SHAHEEN, Mr. 100 Crosby Street in Mansfield, Louisiana, as mittee on the Judiciary. WHITEHOUSE, and Mr. YOUNG): the ‘‘Dr. C.O. Simpkins, Sr., Post Office’’ ; to By Mr. HAWLEY: S. 3353. A bill to amend title XVIII of the the Committee on Homeland Security and S. 3343. A bill to amend the Federal Food, Social Security Act to provide for extended Governmental Affairs. Drug, and Cosmetic Act to provide enhanced months of Medicare coverage of immuno- By Mr. KING (for himself and Mr. security for the medical supply chain; to the suppressive drugs for kidney transplant pa- ALEXANDER): Committee on Health, Education, Labor, and tients, and for other purposes; to the Com- S. 3366. A bill to amend the Federal Lands Pensions. mittee on Finance. Recreation Enhancement Act to make the By Mr. MANCHIN: By Mr. BROWN: National Parks and Federal Recreational S. 3344. A bill to direct the Secretary of S. 3354. A bill to amend the Child Nutrition Lands Pass available at no cost to members Education to develop and disseminate an evi- Act of 1966 to establish a community health of Gold Star Families; to the Committee on dence-based curriculum for kindergarten partnership grant program; to the Com- Energy and Natural Resources. through grade 12 on substance use disorders; mittee on Agriculture, Nutrition, and For- f to the Committee on Health, Education, estry. Labor, and Pensions. By Mr. THUNE (for himself, Mr. SUBMISSION OF CONCURRENT AND By Mr. PETERS (for himself and Mrs. TESTER, Mr. MORAN, Mr. PETERS, and SENATE RESOLUTIONS CAPITO): Mr. WICKER): The following concurrent resolutions S. 3345. A bill to amend the Homeland Se- S. 3355. A bill to address the workforce and Senate resolutions were read, and curity Act of 2002 to protect U.S. Customs needs of the telecommunications industry; referred (or acted upon), as indicated: and Border Protection officers, agents, other to the Committee on Health, Education, personnel, and canines against potential syn- Labor, and Pensions. By Mr. MURPHY (for himself and Mr. thetic opioid exposure, and for other pur- By Mr. KING: GRAHAM): poses; to the Committee on Homeland Secu- S. 3356. A bill to support the reuse and re- S. Res. 506. A resolution expressing the rity and Governmental Affairs. cycling of batteries and critical minerals, sense of the Senate that the United States By Mr. MENENDEZ (for himself and and for other purposes; to the Committee on should initiate negotiations to enter into a free trade agreement with the Republic of Mr. BOOZMAN): Energy and Natural Resources. S. 3346. A bill to amend the Homeland Se- By Mr. BROWN: Tunisia; to the Committee on Finance. curity Act of 2002 to authorize the use of S. 3357. A bill to amend the Child Nutrition By Mr. BLUMENTHAL (for himself, Homeland Security Grant Program funds for Act of 1966 to enhance State efforts to cross- Mrs. CAPITO, Mr. DURBIN, Mr. MAR- anti-blood loss purposes, and for other pur- enroll participants to improve nutritional KEY, Mr. LEAHY, Mr. SANDERS, Mr. poses; to the Committee on Homeland Secu- outcomes for pregnant women, postpartum MENENDEZ, Mr. BROWN, Mr. MANCHIN, rity and Governmental Affairs. women, and young children, and for other Mrs. GILLIBRAND, Mr. GRASSLEY, Ms. By Mr. MENENDEZ: purposes; to the Committee on Agriculture, KLOBUCHAR, Ms. ERNST, Ms. WARREN, S. 3347. A bill to promote youth athletic Nutrition, and Forestry. Mr. MORAN, Mr. KAINE, and Mr. COT- safety, and for other purposes; to the Com- By Mr. SCHUMER (for Ms. WARREN (for TON): mittee on Health, Education, Labor, and herself, Mr. BOOKER, Mr. MARKEY, S. Res. 507. A resolution supporting Minor Pensions. and Ms. HARRIS)): League Baseball; to the Committee on Com- By Mr. LEAHY: S. 3358. A bill to extend protections to merce, Science, and Transportation. S. 3348. A bill to amend section 923 of title part-time workers in the areas of family and By Mr. WICKER (for himself, Mr. 18, United States Code, to require an elec- medical leave and pension plans, and to en- ALEXANDER, Ms. BALDWIN, Mrs. tronic, searchable database of the importa- sure equitable treatment in the workplace; BLACKBURN, Mr. BLUMENTHAL, Mr. tion, production, shipment, receipt, sale, or to the Committee on Health, Education, BLUNT, Mr. BOOZMAN, Mr. BRAUN, Mr. other disposition of firearms; to the Com- Labor, and Pensions. BROWN, Mr. BURR, Ms. CANTWELL, mittee on the Judiciary. By Mr. THUNE (for himself and Ms. Mrs. CAPITO, Mr. CARDIN, Mr. CASEY, By Ms. BALDWIN (for herself, Mr. SINEMA): Mr. CASSIDY, Ms. COLLINS, Mr. COONS, RUBIO, and Ms. SMITH): S. 3359. A bill to amend title 23, United Mr. CORNYN, Ms. CORTEZ MASTO, Mr. S. 3349. A bill to require the Under Sec- States Code, to modify the distribution of COTTON, Mr. CRAMER, Mr. CRAPO, Mr. retary of Commerce for Oceans and Atmos- funds under the tribal transportation pro- CRUZ, Mr. DAINES, Ms. DUCKWORTH, phere to identify a consistent, Federal set of gram, and for other purposes; to the Com- Mr. DURBIN, Ms. ERNST, Mrs. FEIN- best available forward-looking meteorolog- mittee on Indian Affairs. STEIN, Mrs. FISCHER, Mr. GARDNER, ical information and to require the Director By Mr. INHOFE (for himself and Ms. Mr. GRAHAM, Mr. GRASSLEY, Mr. of the National Institute of Standards and DUCKWORTH): HAWLEY, Mr. HEINRICH, Mrs. HYDE- Technology to convene an effort to make S. 3360. A bill to establish the National SMITH, Mr. INHOFE, Mr. JOHNSON, Mr. such set available, with advice and technical Center for the Advancement of Aviation; to JONES, Mr. KAINE, Mr. KING, Ms. KLO- assistance, to standards-developing organiza- the Committee on Finance. BUCHAR, Mr. LANKFORD, Mr. LEAHY, tions, and for other purposes; to the Com- By Mr. WARNER: Mrs. LOEFFLER, Mr. MANCHIN, Mr. mittee on Commerce, Science, and Transpor- S. 3361. A bill to amend the Securities Ex- MENENDEZ, Mr. MORAN, Mr. PAUL, tation. change Act of 1934 to require issuers to dis- Mr. PERDUE, Mr. PETERS, Mr. RISCH, By Mr. CRAPO (for himself and Mr. close to the Securities and Exchange Com- Mr. ROBERTS, Mr. ROMNEY, Ms. TESTER): mission information regarding human cap- ROSEN, Mr. RUBIO, Mr. SANDERS, Mr. S. 3350. A bill to amend title XVIII of the ital management policies, practices, and per- SASSE, Mr. SCHATZ, Mr. SCOTT of Social Security Act to deem certain State formance, and for other purposes; to the Florida, Mr. SCOTT of South Carolina, Veterans homes meeting certain health and Committee on Banking, Housing, and Urban Mrs. SHAHEEN, Ms. SMITH, Mr. safety standards as meeting conditions and Affairs. TESTER, Mr. TILLIS, Mr. UDALL, Mr. requirements for skilled nursing facilities By Mr. VAN HOLLEN: VAN HOLLEN, Mr. WARNER, Mr. under the Medicare and Medicaid programs; S. 3362. A bill to require the Federal Com- WHITEHOUSE, Mr. WYDEN, Mr. YOUNG, to the Committee on Finance. munications Commission to use a portion of Mr. ROUNDS, and Mr. BENNET):

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S. Res. 508. A resolution commemorating BRAUN, Mr. WHITEHOUSE, Mr. BLUNT, CARDIN, Mr. GARDNER, Mr. CASEY, Mr. the 150th anniversary of the historic seating Mrs. GILLIBRAND, Mr. SULLIVAN, Mr. BOOZMAN, Mr. VAN HOLLEN, Mr. of Hiram Rhodes Revels as the first African UDALL, Mr. PORTMAN, Mr. BENNET, PERDUE, Ms. STABENOW, Mr. CRUZ, American United States Senator; considered Mr. RUBIO, Mr. KAINE, Mrs. HYDE- Mrs. SHAHEEN, Mr. YOUNG, Mr. and agreed to. SMITH, Mr. DURBIN, Mr. SCOTT of PETERS, Mr. SCOTT of Florida, Mr. By Mr. TOOMEY (for himself, Ms. Florida, Ms. ROSEN, Mr. CASSIDY, Mr. REED, Mr. BENNET, Mr. BROWN, Mrs. ROSEN, Mr. GARDNER, and Mr. COONS): MARKEY, Mr. INHOFE, Ms. HIRONO, Mr. GILLIBRAND, Mr. COONS, Mr. BOOKER, S. Res. 509. A resolution calling upon the WICKER, Ms. CORTEZ MASTO, Mr. and Mr. CARPER): United Nations Security Council to adopt a ROUNDS, Mr. BLUMENTHAL, Mr. BURR, S. Res. 523. A resolution recognizing the resolution on Iran that extends the dates by Mr. BROWN, Mr. CRAMER, Ms. 199th anniversary of the independence of which Annex B restrictions under Resolution DUCKWORTH, Mr. RISCH, Mr. COONS, Greece and celebrating democracy in Greece 2231 are currently set to expire; to the Com- Ms. ERNST, Ms. KLOBUCHAR, Mr. and the United States; to the Committee on mittee on Foreign Relations. TILLIS, Mr. MENENDEZ, Mr. CORNYN, Foreign Relations. By Mr. GARDNER (for himself, Mr. Mr. WYDEN, Mr. PAUL, Mr. VAN HOL- By Mr. COONS (for himself, Mr. RUBIO, MARKEY, and Mr. RISCH): LEN, Mr. CRAPO, Mr. REED, Mr. and Mr. CARPER): S. Res. 510. A resolution commending the SHELBY, Ms. SMITH, Ms. COLLINS, Mr. S. Con. Res. 37. A concurrent resolution people of Taiwan on holding free and fair PETERS, Mr. BOOZMAN, Mrs. FEIN- honoring the life and work of Louis Lorenzo democratic presidential and legislative elec- STEIN, Mr. GARDNER, Mr. CARDIN, Ms. Redding, whose lifelong dedication to civil tions, and congratulating Madame Tsai Ing- MCSALLY, Mrs. SHAHEEN, Mr. ROM- rights and service stand as an example of wen on her re-election to the presidency of NEY, Mr. WARNER, Mr. JONES, Ms. leadership for all people; to the Committee Taiwan; to the Committee on Foreign Rela- HASSAN, Ms. CANTWELL, Mr. KING, on the Judiciary. tions. Mr. SANDERS, Ms. WARREN, Mr. f By Mr. RUBIO (for himself, Mr. KAINE, CASEY, Mrs. MURRAY, Ms. BALDWIN, Ms. COLLINS, Ms. CANTWELL, and Mrs. Mr. CARPER, Ms. STABENOW, Mr. ADDITIONAL COSPONSORS SHAHEEN): LEAHY, Mr. SCHUMER, Ms. SINEMA, S. 178 S. Res. 511. A resolution supporting the Mr. MANCHIN, Mr. MERKLEY, Mr. At the request of Mr. RUBIO, the role of the United States in helping save the SCHATZ, Mr. HEINRICH, Mrs. LOEF- lives of children and protecting the health of FLER, Mr. TESTER, and Mr. HAWLEY): names of the Senator from Tennessee people in developing countries with vaccines S. Res. 516. A resolution celebrating Black (Mrs. BLACKBURN) and the Senator and immunization through GAVI, the Vac- History Month; considered and agreed to. from Minnesota (Ms. SMITH) were added cine Alliance; to the Committee on Foreign By Mr. BROWN (for himself and Mr. as cosponsors of S. 178, a bill to con- Relations. PORTMAN): demn gross human rights violations of By Ms. COLLINS (for herself, Mr. S. Res. 517. A resolution honoring the life ethnic Turkic Muslims in Xinjiang, and REED, Mr. BRAUN, Mr. CARPER, Mr. and legacy of Judge Nathaniel R. Jones; con- WICKER, Ms. HASSAN, Mrs. CAPITO, sidered and agreed to. calling for an end to arbitrary deten- Mr. WHITEHOUSE, Ms. WARREN, Ms. By Mr. MORAN (for himself and Mr. tion, torture, and harassment of these KLOBUCHAR, and Mr. DURBIN): TESTER): communities inside and outside China. S. Res. 512. A resolution designating March S. Res. 518. A resolution honoring the 100th S. 206 2, 2020, as ‘‘Read Across America Day’’ ; con- anniversary of Disabled American Veterans; At the request of Mr. TESTER, the sidered and agreed to. considered and agreed to. By Ms. SINEMA (for herself, Mrs. By Mr. MANCHIN (for himself, Mrs. name of the Senator from North Da- FISCHER, Ms. HIRONO, Ms. BALDWIN, CAPITO, Mr. WARNER, and Mr. KAINE): kota (Mr. CRAMER) was added as a co- Mrs. BLACKBURN, Ms. CANTWELL, Ms. S. Res. 519. A resolution honoring the life sponsor of S. 206, a bill to award a Con- ERNST, Mrs. CAPITO, Mrs. HYDE- and achievements of Katherine Coleman gressional Gold Medal to the female SMITH, Ms. KLOBUCHAR, Ms. Goble Johnson; considered and agreed to. telephone operators of the Army Signal MCSALLY, Ms. ROSEN, Mrs. SHAHEEN, By Mr. GRASSLEY (for himself, Mr. Corps, known as the ‘‘Hello Girls’’. and Ms. STABENOW): COONS, Ms. ERNST, Ms. KLOBUCHAR, S. 500 S. Res. 513. A resolution designating Feb- Mr. CRAPO, Mr. DURBIN, Mr. BRAUN, ruary 2020 as ‘‘American Heart Month’’ and Mr. KING, Ms. WARREN, and Mr. COT- At the request of Mr. PORTMAN, the February 7, 2020, as ‘‘National Wear Red TON): name of the Senator from Alabama Day’’ ; considered and agreed to. S. Res. 520. A resolution designating March (Mr. JONES) was added as a cosponsor By Mr. GARDNER (for himself and Mr. 6, 2020, as ‘‘National Speech and Debate Edu- of S. 500, a bill to amend title 54, BENNET): cation Day’’ ; considered and agreed to. United States Code, to establish, fund, S. Res. 514. A resolution expressing the By Ms. COLLINS (for herself, Mr. and provide for the use of amounts in a sense of the Senate that Donald Stratton be TESTER, Mrs. CAPITO, Mr. REED, Mr. remembered for a lifetime of heroism and BRAUN, Mr. CARPER, Mr. BOOZMAN, National Park Service Legacy Restora- service to the United States; considered and Mr. KING, Mr. GRASSLEY, Mr. KAINE, tion Fund to address the maintenance agreed to. Ms. ERNST, Ms. BALDWIN, Mr. BROWN, backlog of the National Park Service, By Mr. KAINE (for himself, Mr. Ms. WARREN, Mr. DURBIN, Mr. BOOK- and for other purposes. PORTMAN, Ms. BALDWIN, Mr. YOUNG, ER, Mr. VAN HOLLEN, Ms. ROSEN, Ms. S. 524 Mr. BARRASSO, Mr. BENNET, Mrs. HASSAN, Mr. CARDIN, Ms. SMITH, Mrs. At the request of Mr. TESTER, the BLACKBURN, Mr. BLUMENTHAL, Mr. FEINSTEIN, Ms. CANTWELL, Mr. JONES, name of the Senator from Wisconsin BOOZMAN, Mr. BRAUN, Mr. BROWN, Ms. Mr. MURPHY, Mr. CASEY, Mr. PETERS, CANTWELL, Mrs. CAPITO, Mr. CARPER, Ms. KLOBUCHAR, Mr. BLUMENTHAL, (Ms. BALDWIN) was added as a cospon- Mr. CASEY, Mr. COONS, Mr. CORNYN, Mr. BENNET, Mrs. SHAHEEN, Mr. sor of S. 524, a bill to establish the De- Ms. CORTEZ MASTO, Mr. DAINES, Ms. WHITEHOUSE, Ms. HIRONO, Ms. partment of Veterans Affairs Advisory DUCKWORTH, Mr. DURBIN, Mr. ENZI, SINEMA, Mr. WYDEN, Mr. MANCHIN, Committee on Tribal and Indian Af- Ms. ERNST, Mrs. FEINSTEIN, Ms. HAR- Mr. COONS, Mr. MERKLEY, Mrs. MUR- fairs, and for other purposes. RIS, Ms. HASSAN, Ms. HIRONO, Mr. RAY, Mr. MENENDEZ, Mr. SANDERS, S. 698 HOEVEN, Mrs. HYDE-SMITH, Mr. Ms. DUCKWORTH, Mr. MARKEY, Mr. JONES, Mr. KING, Ms. KLOBUCHAR, WARNER, Ms. HARRIS, and Mrs. FISCH- At the request of Mr. MENENDEZ, the Mrs. LOEFFLER, Mr. MANCHIN, Ms. ER): name of the Senator from Florida (Mr. MCSALLY, Mr. MERKLEY, Mr. MUR- S. Res. 521. A resolution designating the SCOTT) was added as a cosponsor of S. PHY, Mrs. MURRAY, Mr. PERDUE, Mr. week of February 24 through February 28, 698, a bill to amend the Internal Rev- PETERS, Mr. REED, Mr. ROBERTS, Mr. 2020, as ‘‘Public Schools Week’’; considered enue Code of 1986 to provide equitable ROMNEY, Ms. ROSEN, Mr. RUBIO, Mr. and agreed to. treatment for residents of Puerto Rico SANDERS, Mr. SCOTT of South Caro- By Mr. MCCONNELL: with respect to the refundable portion lina, Mrs. SHAHEEN, Ms. SMITH, Ms. S. Res. 522. A resolution electing Robert M. STABENOW, Mr. THUNE, Mr. TILLIS, Duncan, of the District of Columbia, as Sec- of the child tax credit and to provide Mr. VAN HOLLEN, Mr. WARNER, Mr. retary for the Majority of the Senate; con- the same treatment to families in WICKER, Mr. WYDEN, and Mrs. FISCH- sidered and agreed to. Puerto Rico with one child or two chil- ER): By Mr. MENENDEZ (for himself, Mr. dren that is currently provided to is- S. Res. 515. A resolution supporting the BARRASSO, Mr. SCHUMER, Mr. JOHN- land families with three or more chil- goals and ideals of Career and Technical SON, Mr. DURBIN, Mr. TILLIS, Mr. dren. Education Month; considered and agreed to. MURPHY, Mr. TOOMEY, Ms. HASSAN, S 739 By Mr. BOOKER (for himself, Mr. Mr. RUBIO, Mr. WHITEHOUSE, Mr. . SCOTT of South Carolina, Ms. HARRIS, ENZI, Mr. BLUMENTHAL, Mr. BRAUN, At the request of Mr. UDALL, the Mr. GRASSLEY, Mr. MURPHY, Mr. Mr. WYDEN, Ms. MCSALLY, Mr. name of the Senator from Nevada (Ms.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.069 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1221 ROSEN) was added as a cosponsor of S. retary of Education to award grants to educational agencies, local educational 739, a bill to protect the voting rights eligible entities to carry out edu- agencies, and tribal educational agen- of Native American and Alaska Native cational programs about the Holo- cies receiving funds under section 520A voters. caust, and for other purposes. of such Act to establish and implement S. 815 S. 2154 a school-based student suicide aware- At the request of Mr. BOOZMAN, the At the request of Ms. ROSEN, the ness and prevention training policy. name of the Senator from North Da- name of the Senator from Florida (Mr. S. 2499 kota (Mr. CRAMER) was added as a co- SCOTT) was added as a cosponsor of S. At the request of Mr. MERKLEY, the sponsor of S. 815, a bill to amend the 2154, a bill to direct the Secretary of name of the Senator from Connecticut Internal Revenue Code of 1986 to allow Defense to carry out a program to en- (Mr. MURPHY) was added as a cosponsor a refundable tax credit against income hance the preparation of students in of S. 2499, a bill to effectively staff the tax for the purchase of qualified access the Junior Reserve Officers’ Training public elementary schools and sec- technology for the blind. Corps for careers in computer science ondary schools of the United States S. 892 and cybersecurity, and for other pur- with school-based mental health serv- At the request of Mr. CASEY, the poses. ices providers. name of the Senator from Florida (Mr. S. 2168 S. 2567 RUBIO) was added as a cosponsor of S. At the request of Mr. MURPHY, the At the request of Mrs. SHAHEEN, the 892, a bill to award a Congressional name of the Senator from Minnesota name of the Senator from Oregon (Mr. Gold Medal, collectively, to the women (Ms. SMITH) was added as a cosponsor MERKLEY) was added as a cosponsor of in the United States who joined the of S. 2168, a bill to establish a student S. 2567, a bill to provide rental assist- workforce during World War II, pro- loan forgiveness plan for certain bor- ance to low-income tenants of certain viding the aircraft, vehicles, weaponry, rowers who are employed at a qualified multifamily rural housing projects, ammunition, and other materials to farm or ranch. and for other purposes. win the war, that were referred to as S. 2353 S. 2590 ‘‘Rosie the Riveter’’, in recognition of At the request of Mr. PETERS, the At the request of Mr. BRAUN, the their contributions to the United names of the Senator from Pennsyl- names of the Senator from Georgia States and the inspiration they have vania (Mr. CASEY), the Senator from (Mrs. LOEFFLER) and the Senator from provided to ensuing generations. Massachusetts (Ms. WARREN), the Sen- Wyoming (Mr. BARRASSO) were added S. 1081 ator from Rhode Island (Mr. REED) and as cosponsors of S. 2590, a bill to pro- At the request of Mr. MANCHIN, the the Senator from Illinois (Mr. DURBIN) tect the dignity of fetal remains, and name of the Senator from Missouri were added as cosponsors of S. 2353, a for other purposes. (Mr. BLUNT) was added as a cosponsor bill to direct the Administrator of the S. 2660 of S. 1081, a bill to amend title 54, Federal Emergency Management Agen- At the request of Ms. SMITH, the United States Code, to provide perma- cy to develop guidance for firefighters name of the Senator from New Mexico nent, dedicated funding for the Land and other emergency response per- (Mr. HEINRICH) was added as a cospon- and Water Conservation Fund, and for sonnel on best practices to protect sor of S. 2660, a bill to establish a grant other purposes. them from exposure to PFAS and to program for wind energy research, de- S. 1105 limit and prevent the release of PFAS velopment, and demonstration, and for At the request of Mrs. SHAHEEN, the into the environment, and for other other purposes. name of the Senator from Pennsyl- purposes. S. 2679 vania (Mr. CASEY) was added as a co- S. 2433 At the request of Ms. DUCKWORTH, sponsor of S. 1105, a bill to require the At the request of Mr. PETERS, the the name of the Senator from Cali- Secretary of Veterans Affairs to estab- name of the Senator from Alabama fornia (Ms. HARRIS) was added as a co- lish and maintain a registry for certain (Mr. JONES) was added as a cosponsor sponsor of S. 2679, a bill to facilitate individuals who may have been exposed of S. 2433, a bill to direct the Federal the automatic acquisition of citizen- to per- and polyfluoroalkyl substances Communications Commission to take ship for lawful permanent resident due to the environmental release of certain actions to increase diversity of children of military and Federal Gov- aqueous film-forming foam on military ownership in the broadcasting indus- ernment personnel residing abroad, and installations. try, and for other purposes. for other purposes. S. 1564 S. 2438 S. 2680 At the request of Mr. TILLIS, the At the request of Mr. MENENDEZ, the At the request of Mr. RUBIO, the name of the Senator from Texas (Mr. names of the Senator from Michigan name of the Senator from Oregon (Mr. CORNYN) was added as a cosponsor of S. (Mr. PETERS), the Senator from New WYDEN) was added as a cosponsor of S. 1564, a bill to require the Securities and Jersey (Mr. BOOKER), the Senator from 2680, a bill to impose sanctions with re- Exchange Commission and certain Fed- Minnesota (Ms. SMITH) and the Senator spect to foreign support for Palestinian eral agencies to carry out a study re- from Pennsylvania (Mr. CASEY) were terrorism, and for other purposes. lating to accounting standards, and for added as cosponsors of S. 2438, a bill to S. 2688 other purposes. prevent, treat, and cure tuberculosis At the request of Mr. CASSIDY, the S. 1902 globally. name of the Senator from Nevada (Ms. At the request of Mr. CASEY, the S. 2479 ROSEN) was added as a cosponsor of S. names of the Senator from Wisconsin At the request of Mr. HOEVEN, the 2688, a bill to amend the Energy Policy (Ms. BALDWIN), the Senator from Mary- name of the Senator from Montana Act of 2005 to establish an Office of land (Mr. VAN HOLLEN) and the Senator (Mr. TESTER) was added as a cosponsor Technology Transitions, and for other from Indiana (Mr. BRAUN) were added of S. 2479, a bill to provide clarification purposes. as cosponsors of S. 1902, a bill to re- regarding the common or usual name S. 2702 quire the Consumer Product Safety for bison and compliance with section At the request of Mr. RISCH, the Commission to promulgate a consumer 403 of the Federal Food, Drug, and Cos- name of the Senator from Arizona (Ms. product safety rule for free-standing metic Act, and for other purposes. SINEMA) was added as a cosponsor of S. clothing storage units to protect chil- S. 2492 2702, a bill to require the Secretary of dren from tip-over related death or in- At the request of Mr. GARDNER, the Energy to establish an integrated en- jury, and for other purposes. name of the Senator from Maine (Ms. ergy systems research, development, S. 2085 COLLINS) was added as a cosponsor of S. and demonstration program, and for At the request of Ms. ROSEN, the 2492, a bill to amend the Public Health other purposes. name of the Senator from Connecticut Service Act to provide best practices S. 2715 (Mr. MURPHY) was added as a cosponsor on student suicide awareness and pre- At the request of Mr. BLUNT, the of S. 2085, a bill to authorize the Sec- vention training and condition State names of the Senator from Connecticut

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.062 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1222 CONGRESSIONAL RECORD — SENATE February 27, 2020 (Mr. MURPHY) and the Senator from In- S. 3176 STATEMENTS ON INTRODUCED diana (Mr. YOUNG) were added as co- At the request of Mr. RUBIO, the BILLS AND JOINT RESOLUTION sponsors of S. 2715, a bill to develop and name of the Senator from Montana By Mr. THUNE (for himself, Mr. implement policies to advance early (Mr. TESTER) was added as a cosponsor TESTER, Mr. MORAN, Mr. childhood development, to provide as- of S. 3176, a bill to amend the Foreign PETERS, and Mr. WICKER): sistance for orphans and other vulner- Assistance Act of 1961 and the United S. 3355. A bill to address the work- able children in developing countries, States-Israel Strategic Partnership Act force needs of the telecommunications and for other purposes. of 2014 to make improvements to cer- industry; to the Committee on Health, S. 2950 tain defense and security assistance Education, Labor, and Pensions. At the request of Mr. SULLIVAN, the provisions and to authorize the appro- names of the Senator from Idaho (Mr. priations of funds to Israel, and for Mr. THUNE. Mr. President, I ask unanimous consent that the text of the CRAPO), the Senator from Maryland other purposes. bill be printed in the RECORD. (Mr. VAN HOLLEN), the Senator from S. 3217 There being no objection, the text of Texas (Mr. CORNYN) and the Senator At the request of Ms. STABENOW, the from Oregon (Mr. WYDEN) were added the bill was ordered to be printed in name of the Senator from Nevada (Ms. the RECORD, as follows: as cosponsors of S. 2950, a bill to amend ROSEN) was added as a cosponsor of S. title 38, United States Code, to concede 3217, a bill to standardize the designa- S. 3355 exposure to airborne hazards and tox- tion of National Heritage Areas, and Be it enacted by the Senate and House of Rep- ins from burn pits under certain cir- for other purposes. resentatives of the United States of America in cumstances, and for other purposes. Congress assembled, S. 3259 S. 2965 SECTION 1. SHORT TITLE. At the request of Mr. DAINES, the At the request of Mr. LEE, the name of the Senator from Louisiana (Mr. This Act may be cited as the ‘‘Tele- names of the Senator from North Da- communications Skilled Workforce Act’’. kota (Mr. HOEVEN) and the Senator KENNEDY) was added as a cosponsor of S. 3259, a bill to restrict the avail- SEC. 2. DEFINITIONS. from North Dakota (Mr. CRAMER) were In this Act: added as cosponsors of S. 2965, a bill to ability of Federal funds to organiza- tions associated with the abortion in- (1) 5G.—The term ‘‘5G’’, with respect to amend title 5, United States Code, to wireless infrastructure and wireless tech- repeal the requirement that the United dustry. nology, means fifth-generation wireless in- States Postal Service prepay future re- S. 3286 frastructure and wireless technology. tirement benefits, and for other pur- At the request of Mrs. BLACKBURN, (2) APPROPRIATE CONGRESSIONAL COMMIT- poses. the name of the Senator from Lou- TEES.—The term ‘‘appropriate congressional committees’’ means— S. 2970 isiana (Mr. KENNEDY) was added as a (A) the Committee on Commerce, Science, At the request of Ms. ERNST, the cosponsor of S. 3286, a bill to restrict and Transportation of the Senate; names of the Senator from Arkansas certain Federal grants for States that (B) the Committee on Health, Education, (Mr. COTTON) and the Senator from grant driver licenses to illegal immi- Labor, and Pensions of the Senate; Alaska (Mr. SULLIVAN) were added as grants and fail to share information (C) the Committee on Energy and Com- cosponsors of S. 2970, a bill to improve about criminal aliens with the Federal merce of the House of Representatives; and the fielding of newest generations of Government. (D) the Committee on Education and Labor of the House of Representatives. personal protective equipment to the S. RES. 274 (3) BROADBAND INFRASTRUCTURE.—The term Armed Forces, and for other purposes. At the request of Mr. MENENDEZ, the ‘‘broadband infrastructure’’ means any bur- S. 3015 name of the Senator from Texas (Mr. ied, underground, or aerial facility, and any At the request of Mr. CASEY, the CORNYN) was added as a cosponsor of S. wireless or wireline connection, that enables name of the Senator from Connecticut Res. 274, a resolution expressing soli- users to send and receive voice, video, data, (Mr. MURPHY) was added as a cosponsor darity with Falun Gong practitioners graphics, or any combination thereof. of S. 3015, a bill to amend title 5, who have lost lives, freedoms, and (4) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Com- United States Code, to limit the num- other rights for adhering to their be- ber of local wage areas allowable with- mission. liefs and practices, and condemning the (5) INSTITUTION OF HIGHER EDUCATION.—The in a General Schedule pay locality. practice of non-consenting organ har- term ‘‘institution of higher education’’ has S. 3020 vesting, and for other purposes. the meaning given the term in section 101 of At the request of Ms. BALDWIN, the S. RES. 315 the Higher Education Act of 1965 (20 U.S.C. name of the Senator from New York 1001). At the request of Mr. JONES, the (Mr. SCHUMER) was added as a cospon- (6) RURAL AREA.—The term ‘‘rural area’’ name of the Senator from Alabama sor of S. 3020, a bill to amend title 38, means any area other than— (Mr. SHELBY) was added as a cosponsor United States Code, to authorize the (A) a city, town, or incorporated area that of S. Res. 315, a resolution memori- has a population of more than 20,000 inhab- Secretary of Veterans Affairs to enter alizing the discovery of the Clotilda. itants; or into contracts with States or to award (B) an urbanized area adjacent to a city or S. RES. 458 grants to States to promote health and town that has a population of more than wellness, prevent suicide, and improve At the request of Mr. LANKFORD, the 50,000 inhabitants. outreach to veterans, and for other names of the Senator from Louisiana (7) SECRETARY.—Except as otherwise pro- purposes. (Mr. KENNEDY) and the Senator from vided, the term ‘‘Secretary’’ means the Sec- retary of Labor. S. 3167 Tennessee (Mrs. BLACKBURN) were (8) STATE WORKFORCE DEVELOPMENT At the request of Mr. BOOKER, the added as cosponsors of S. Res. 458, a resolution calling for the global repeal BOARD.—The term ‘‘State workforce develop- names of the Senator from New Jersey ment board’’ means a State workforce devel- (Mr. MENENDEZ) and the Senator from of blasphemy, heresy, and apostasy opment board established under section 101 Illinois (Mr. DURBIN) were added as co- laws. of the Workforce Innovation and Oppor- sponsors of S. 3167, a bill to prohibit S. RES. 497 tunity Act (29 U.S.C. 3111). discrimination based on an individual’s At the request of Mr. COTTON, the SEC. 3. INTERAGENCY WORKING GROUP EVALUA- texture or style of hair. names of the Senator from Wyoming TION. S. 3171 (Mr. BARRASSO) and the Senator from (a) IN GENERAL.—Not later than 60 days At the request of Mr. WHITEHOUSE, Massachusetts (Ms. WARREN) were after the date of enactment of this Act, the the names of the Senator from Dela- added as cosponsors of S. Res. 497, a Secretary, in consultation with the Chair- man of the Commission, shall convene an ware (Mr. COONS) and the Senator from resolution commemorating the life of interagency working group to develop rec- Louisiana (Mr. KENNEDY) were added as Dr. Li Wenliang and calling for trans- ommendations to address the workforce cosponsors of S. 3171, a bill to amend parency and cooperation from the Gov- needs of the telecommunications industry. the Federal Water Pollution Control ernment of the People’s Republic of (b) DUTIES.—In developing recommenda- Act to reauthorize the National Estu- China and the Communist Party of tions under subsection (a), the interagency ary Program, and for other purposes. China. working group shall—

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.064 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1223 (1) determine whether, and if so how, any hold such hearings, sit and act at such times S. 3359. A bill to amend title 23, Federal laws (including regulations), poli- and places, take such testimony, and receive United States Code, to modify the dis- cies, or practices, or any budgetary con- such evidence as the interagency working tribution of funds under the tribal straints, inhibit institutions of higher edu- group considers advisable to carry out the transportation program, and for other cation or for-profit businesses from estab- objectives of this section. lishing, adopting, or expanding programs in- (2) INFORMATION FROM FEDERAL AGENCIES.— purposes; to the Committee on Indian tended to address the workforce needs of the The interagency working group convened Affairs. telecommunications industry, including the under subsection (a) may secure directly Mr. THUNE. Mr. President, I ask workforce needed to build and maintain the from any Federal agency such information unanimous consent that the text of the 5G wireless infrastructure necessary to sup- as the interagency working group considers bill be printed in the RECORD. port 5G wireless technology; necessary to carry out the provisions of this (2) identify potential policies and programs section. Upon request of the interagency There being no objection, the text of that could encourage and improve coordina- working group, the head of such agency shall the bill was ordered to be printed in tion among Federal agencies, between Fed- furnish such information to the interagency the RECORD, as follows: eral agencies and States, and among States, working group. S. 3359 on telecommunications workforce needs; (3) POSTAL SERVICES.—The interagency (3) identify ways in which existing Federal working group convened under subsection (a) Be it enacted by the Senate and House of Rep- programs, including programs that help fa- may use the United States mails in the same resentatives of the United States of America in cilitate the employment of veterans and manner and under the same conditions as Congress assembled, military personnel transitioning into civil- other Federal agencies. SECTION 1. SHORT TITLE. ian life, could be leveraged to help address (f) PERSONNEL.— the workforce needs of the telecommuni- (1) TRAVEL.—The members of the inter- This Act may be cited as the ‘‘Tribal cations industry; agency working group convened under sub- Transportation Equity and Transparency (4) identify ways to encourage individuals section (a) shall not receive compensation Improvement Act of 2020’’. and for-profit businesses to participate in for the performance of services for the inter- SEC. 2. TRIBAL TRANSPORTATION PROGRAM. qualified industry-led workforce develop- agency working group, but shall be allowed (a) IN GENERAL.—Section 202 of title 23, ment programs, including the Telecommuni- travel expenses, including per diem in lieu of United States Code, is amended— cations Industry Registered Apprenticeship subsistence, at rates authorized for employ- (1) in subsection (a)(9)(A), by striking Program and other industry-recognized ap- ees of agencies under subchapter I of chapter ‘‘construction and improvement’’ and insert- prenticeship programs; 57 of title 5, United States Code, while away ing ‘‘construction, improvement, and high- (5) identify ways to improve recruitment in from their homes or regular places of busi- way safety’’; qualified industry-led workforce develop- ness in the performance of services for the (2) in subsection (b)— ment programs, including the Telecommuni- interagency working group. Notwithstanding (A) in paragraph (1)— cations Industry Registered Apprenticeship section 1342 of title 31, United States Code, (i) by striking subparagraph (D) and insert- Program and other industry-recognized ap- the interagency working group may accept ing the following: prenticeship programs; and the voluntary and uncompensated services of ‘‘(D) ADDITIONAL FACILITIES.— (6) identify Federal incentives that could members of the interagency working group. ‘‘(i) IN GENERAL.—Not later than 270 days be provided to institutions of higher edu- (2) DETAIL OF GOVERNMENT EMPLOYEES.— after the date of enactment of the Tribal cation, for-profit businesses, State workforce Any employee of the Federal Government Transportation Equity and Transparency development boards, or other relevant stake- may be detailed to the interagency working Improvement Act of 2020, and not less fre- holders to establish or adopt programs, or group convened under subsection (a) without quently than every 3 years thereafter, the expand current programs, to address the reimbursement, and such detail shall be Secretary of the Interior shall publish in the workforce needs of the telecommunications without interruption or loss of civil service Federal Register a notice requesting pro- industry, including such needs in rural areas. status or privilege. posals from Indian tribes to include addi- (c) MEMBERS.—The interagency working (g) NONAPPLICABILITY OF FACA.—The Fed- tional transportation facilities that are eli- group convened under subsection (a) shall be eral Advisory Committee Act (5 U.S.C. App.) gible for funding under the tribal transpor- composed of representatives of such Federal shall not apply to the interagency working tation program in the inventory described in agencies and relevant non-Federal industry group convened under subsection (a). subparagraph (A), if those proposed addi- stakeholder organizations as the Secretary (h) SUNSET.—The interagency working considers appropriate, including— group convened under subsection (a) shall tional facilities are included in the inven- (1) a representative of the Department of terminate on the day after the date on which tory in a uniform and consistent manner na- Education, appointed by the Secretary of the interagency working group submits the tionally. Education; report to Congress under subsection (d). ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this subparagraph— (2) a representative of the National Tele- SEC. 4. TELECOMMUNICATIONS WORKFORCE communications and Information Adminis- GUIDANCE. ‘‘(I) prohibits the Secretary of the Interior tration, appointed by the Assistant Sec- (a) IN GENERAL.—The Secretary, in con- from including in the inventory under sub- retary of Commerce for Communications and sultation with the Chairman of the Commis- paragraph (A) additional transportation fa- Information; sion, shall establish and issue guidance on cilities more frequently than required under (3) a representative of the Department of how States can address the workforce needs clause (i), including, as necessary, in re- Commerce, appointed by the Secretary of of the telecommunications industry, includ- sponse to a proposal from an eligible Indian Commerce; ing guidance on how a State workforce de- tribe submitted during a period not described (4) a representative of the Commission, ap- velopment board can— in the notice under clause (i); or pointed by the Chairman of the Commission; (1) utilize Federal resources available to ‘‘(II) requires Indian tribes to submit pro- (5) a representative of the Telecommuni- States to meet the workforce needs of the posals to the Secretary of the Interior in re- cations Industry Registered Apprenticeship telecommunications industry; and sponse to the notice required under clause Program, appointed by the Secretary; (2) promote and improve recruitment in (i).’’; and (6) a representative of a telecommuni- qualified industry-led workforce develop- (ii) by adding at the end the following: cations industry association, appointed by ment programs, including the Telecommuni- ‘‘(F) PUBLIC AVAILABILITY.—The Secretary the Chairman of the Commission; cations Industry Registered Apprenticeship of the Interior shall ensure that all non-con- (7) a representative of an Indian Tribe or Program and other industry-recognized ap- fidential information within the inventory Tribal organization, appointed by the Sec- prenticeship programs. described in subparagraph (A) is made avail- retary; SEC. 5. GAO ASSESSMENT OF WORKFORCE NEEDS able— (8) a representative of a rural tele- OF THE TELECOMMUNICATIONS IN- ‘‘(i) in a user-friendly manner on the public communications carrier, appointed by the DUSTRY. website of the Department of the Interior; Secretary; and Not later than 180 days after the date of and (9) a representative from a labor organiza- enactment of this Act, the Comptroller Gen- ‘‘(ii) in a manner capable of being searched tion, appointed by the Secretary. eral of the United States shall submit to the and downloaded by users of the public (d) REPORT TO CONGRESS.—Not later than appropriate congressional committees a re- website of the Department of the Interior.’’; 180 days after the date on which the inter- port that estimates the number of skilled and agency working group is convened under sub- telecommunications workers that will be re- (B) in paragraph (3)(B), in the matter pre- section (a), the interagency working group quired to build and maintain— ceding clause (i), by striking ‘‘fiscal year shall submit to the appropriate congres- (1) broadband infrastructure in rural areas; 2012’’ and inserting ‘‘the most recent fiscal sional committees a report containing rec- and year for which data is available’’; ommendations to address the workforce (2) the 5G wireless infrastructure needed to (3) in subsection (c)— needs of the telecommunications industry. support 5G wireless technology. (A) in paragraph (3)— (e) POWERS.— (i) in subparagraph (A), by striking ‘‘; and’’ (1) HEARINGS.—The interagency working By Mr. THUNE (for himself and at the end and inserting a period; group convened under subsection (a) may Ms. SINEMA): (ii) by striking subparagraph (B); and

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.072 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1224 CONGRESSIONAL RECORD — SENATE February 27, 2020 (iii) in the matter preceding subparagraph poses of allocating funding under section 202 subsection (b), of the construction and main- (A), by striking ‘‘shall be—’’ and all that fol- of title 23, United States Code; tenance costs of the proposed roads described lows through ‘‘selected by’’ in subparagraph (D) how the Secretary of the Interior en- in subparagraph (B). (A), and inserting ‘‘shall be selected by’’; and sures that— SEC. 4. TRIBAL HIGHWAY SAFETY PARTNER- (B) by adding at the end the following: (i) the program is consistently adminis- SHIPS. ‘‘(4) NATIONALLY SIGNIFICANT FEDERAL tered; and Section 402 of title 23, United States Code, LANDS AND TRIBAL PROJECTS PROGRAM.—Not- (ii) program decisions are transparently is amended— withstanding any other provision of this sec- and consistently made; and (1) in subsection (b)(1)(C), by striking ‘‘by’’ tion, amounts made available to Indian (E) the potential effects of having the pro- and inserting ‘‘by, or on behalf of,’’; and tribes under subsection (b)(3) may be used for gram administered solely by the Secretary (2) in subsection (h)(2)— planning and design activities related to ap- of the Interior or the Secretary of Transpor- (A) by striking ‘‘Notwithstanding’’ and in- plications for grants under the nationally tation. serting the following: significant Federal lands and tribal projects (3) REPORT.—Not later than 540 days after ‘‘(A) IN GENERAL.—Notwithstanding’’; and program under section 1123 of the FAST Act the date of enactment of this Act, the Comp- (B) by adding at the end the following: (23 U.S.C. 201 note; Public Law 114–94).’’; and troller General shall submit a report describ- ‘‘(B) COOPERATION.—In accordance with (4) in subsection (e)(2), by striking ‘‘as ap- ing the results of the audit under paragraph section 202(a)(9)(A), an Indian tribe may use propriate,’’ and inserting ‘‘subject to sub- (1) to— amounts described in subparagraph (A) in co- section (a)(9),’’. (A) the Committee on Environment and operation with States, counties, and other (b) INSPECTOR GENERAL REVIEW.— Public Works of the Senate; local subdivisions for highway safety pur- (1) IN GENERAL.—Not later than 180 days (B) the Committee on Indian Affairs of the poses.’’. after the date of enactment of this Act, the Senate; SEC. 5. NATIONALLY SIGNIFICANT FEDERAL Inspector General of the Department of (C) the Committee on Transportation and LANDS AND TRIBAL PROJECTS PRO- Transportation and the Inspector General of Infrastructure of the House of Representa- GRAM. the Department of the Interior shall jointly tives; and Section 1123 of the FAST Act (23 U.S.C. 201 begin an audit of the tribal transportation (D) the Committee on Natural Resources of note; Public Law 114–94) is amended— program under section 202 of title 23, United the House of Representatives. (1) in subsection (c)(3), by inserting ‘‘for a States Code (referred to in this section as (d) OBLIGATION LIMITATIONS.—Notwith- project that is to be carried out by an eligi- the ‘‘program’’). standing section 1102(a) of the FAST Act (23 ble entity that is not an Indian tribe,’’ before ‘‘having an’’; and (2) REVIEW.—The audit under paragraph (1) U.S.C. 104 note; Public Law 114–94) or any shall include— other provision of law providing a limitation (2) in subsection (g)(1)— (A) a review of the data collection and on obligations for Federal-aid highway and (A) by striking ‘‘shall be up to’’ and insert- management processes used by the Secretary highway safety construction programs for a ing the following: ‘‘shall be— of the Interior in maintaining the national fiscal year, amounts made available to carry ‘‘(A) for a project carried out by an Indian inventory of tribal transportation facilities out the tribal transportation program under tribe, up to 100 percent; and under section 202(b)(1) of title 23, United section 202 of title 23, United States Code, for ‘‘(B) for a project not described in subpara- a fiscal year shall not be subject to the obli- States Code; and graph (A), up to’’. gation limitation for that fiscal year. (B) a review of the administration of the SEC. 6. TRIBAL TRANSPORTATION ADVISORY COMMITTEE. program, including whether— SEC. 3. TRANSPORTATION FACILITY ELIGIBILITY. (a) ESTABLISHMENT.—Subject to the avail- (i) funding under the program is distrib- (a) DEFINITIONS.—In this section: ability of appropriations, not later than 180 uted in a timely manner that is consistent (1) INVENTORY.—The term ‘‘inventory’’ days after the date of enactment of this Act, with statutory and regulatory requirements; means the national inventory of tribal trans- the Secretary of the Interior (referred to in and portation facilities under section 202(b) of title 23, United States Code. this section as the ‘‘Secretary’’) shall estab- (ii) the current procedures and practices lish within the Bureau of Indian Affairs a used by the Secretary of the Interior to allo- (2) PROPOSED ROAD.—The term ‘‘proposed road’’ means a proposed road or facility (as committee, to be known as the ‘‘Tribal cate funding for tribal transportation facili- Transportation Advisory Committee’’ (re- ties (as defined in section 101(a) of title 23, defined in section 170.5 of title 25, Code of Federal Regulations (as in effect on the date ferred to in this section as the ‘‘Com- United States Code) under the program are mittee’’), which shall replace the Tribal transparent and consistently applied. of enactment of this Act)) that is a road, in- cluding a primary access route (as defined in Transportation Program Coordinating Com- (3) REPORT.—Not later than 1 year after mittee established under sections 170.135 the date of enactment of this Act, the In- that section). (3) SECRETARY.—The term ‘‘Secretary’’ through 170.137 of title 25, Code of Federal spector General of the Department of Trans- Regulations (as in effect on the date of en- portation and the Inspector General of the means the Secretary of the Interior. (b) DEADLINE.—Not later than 180 days actment of this Act). Department of the Interior shall jointly sub- after the date of enactment of this Act, and (b) MEMBERSHIP.— mit a report describing the results of the not less frequently than every 3 years there- (1) IN GENERAL.—The Committee shall be audit under paragraph (1) to— after, the Secretary and the Secretary of composed of— (A) the Committee on Environment and Transportation shall require each Indian (A) the Secretary (or a designee); Public Works of the Senate; tribe that intends to include a proposed road (B) representatives of a diverse group of In- (B) the Committee on Indian Affairs of the in the inventory to complete and submit for dian tribes, including— Senate; approval the documentation and other infor- (i) not fewer than 1 tribal representative (C) the Committee on Transportation and mation required under section 170.443(a) of from each region of the Bureau of Indian Af- Infrastructure of the House of Representa- title 25, Code of Federal Regulations (as in fairs; and tives; and effect on November 6, 2019), for the proposed (ii) not more than 3 tribal representatives (D) the Committee on Natural Resources of road. from any 1 region of the Bureau of Indian Af- the House of Representatives. (c) REPORT.— fairs; (c) COMPTROLLER GENERAL REVIEW.— (1) IN GENERAL.—Not later than 180 days (C) State and local representatives; (1) IN GENERAL.—The Comptroller General after each deadline described in subsection (D) not fewer than 1 representative of the of the United States (referred to in this sub- (b), the Secretary shall submit to the Com- Bureau of Indian Affairs; section as the ‘‘Comptroller General’’) shall mittee on Indian Affairs of the Senate and (E) not fewer than 1 representative of the initiate an audit of the program. the Committee on Natural Resources of the Department of Transportation; and (2) REVIEW.—The audit under paragraph (1) House of Representatives a report describing (F) other members, as determined to be ap- shall include an examination of— the proposed roads approved to be included propriate by the Secretary in consultation (A) the funding formula of the program in the inventory. with the Committee. under section 202(b)(3) of title 23, United (2) REQUIREMENTS.—Each report under (2) APPOINTMENT.—The Secretary shall ap- States Code, including key decisions made paragraph (1) shall include, for each Indian point each member of the Committee. over time that have affected the methods reservation, Alaska Native village, or other (3) CHAIRPERSON.—The Secretary (or a des- used to determine tribal shares of program recognized Indian community (including ignee) shall serve as chairperson of the Com- funds; former Indian reservations in the State of mittee. (B) whether, for purposes of allocating Oklahoma)— (c) TERMS.—Except for the Secretary, each funding under section 202 of title 23, United (A) the mileage of proposed roads included member of the Committee shall serve for a States Code, the allocation methodology in the inventory before the deadline de- term of 3 years. under subpart D of part 1000 of title 24, Code scribed in subsection (b); (d) VACANCIES.—Any vacancy occurring in of Federal Regulations (as in effect on the (B) the mileage of proposed roads approved the membership of the Committee— date of enactment of this Act), provides an to be included in the inventory on the basis (1) shall be filled in the same manner as accurate and reliable estimate of tribal pop- of the documentation and other information the original appointment was made; and ulation; submitted under subsection (b); and (2) shall not affect the power of the re- (C) potential alternatives to the method- (C) an estimate, based on the documenta- maining members to carry out the duties of ology described in subparagraph (B) for pur- tion and other information submitted under the Committee.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.073 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1225 (e) DUTIES.— SUBMITTED RESOLUTIONS Whereas bilateral trade between Tunisia (1) IN GENERAL.—The Committee shall— and the United States has increased from (A) regularly provide advice to the Sec- $949,000,000 in 2011 to $1,200,000,000 in 2018, ac- retary on and, subject to the discretion of SENATE RESOLUTION 506—EX- cording to the United States Census Bureau; the Committee, study issues relating to trib- PRESSING THE SENSE OF THE Whereas the United States and Tunisia al transportation, including— SENATE THAT THE UNITED held the 8th round of Trade and Investment (i) the tribal transportation program under STATES SHOULD INITIATE NEGO- Framework Agreement (TIFA) talks in May 2019; section 202 of title 23, United States Code, in- TIATIONS TO ENTER INTO A cluding— Whereas Tunisia is a member of the World (I) the funding formula used to determine FREE TRADE AGREEMENT WITH Trade Organization; tribal shares under the tribal transportation THE REPUBLIC OF TUNISIA Whereas Tunisia is currently eligible for program; and Mr. MURPHY (for himself and Mr. preferential duty treatment under the (II) the national tribal transportation fa- GRAHAM) submitted the following reso- United States Generalized System of Pref- cility inventory established under subsection lution; which was referred to the Com- erences program; (b)(1) of that section; mittee on Finance: Whereas the Bipartisan Congressional (ii) the road maintenance program man- Trade Priorities and Accountability Act of aged by the Bureau of Indian Affairs; S. RES. 506 2015 (TPA) (title I of Public Law 114–26) in- (iii) grants awarded to Indian tribes for Whereas Tunisia has been developing its cludes provisions to require that a trading public transportation using amounts made democratic and market-economy institu- partner adopt, implement, and enforce its available under section 5311(c)(1) of title 49, tions since its democratic revolution in 2011; own labor statutes, and that those statutes United States Code; Whereas the people of the United States include internationally recognized core labor (iv) transportation safety within tribal res- and Tunisia share core values, such as re- standards; and ervations, including— spect for human rights, democracy, and the Whereas, pursuant to the Bipartisan Con- (I) traffic safety; and rule of law; gressional Trade Priorities and Account- (II) safety partnerships with Federal, Whereas the democratically elected Gov- ability Act of 2015 (TPA), Congress has man- State, and local authorities; ernment of Tunisia has committed to com- dated that the President provide a 90-day no- (v) the availability of transportation fund- bat corruption and increase transparency tification of intent to begin trade negotia- ing in the event of a natural disaster; and and accountability in government institu- tions and established principal negotiating (vi) any other policies or procedures re- tions, and should continue to work toward objectives, which include that parties to a lated to tribal transportation, as determined these important goals; trade agreement combat corruption, trade in by the Committee; and Whereas the Government of Tunisia has goods and services obtain competitive oppor- (B) carry out the duties of the Tribal implemented a number of economic reforms tunities for export, and labor provisions are Transportation Program Coordinating Com- intended to encourage entrepreneurship and subject to the same dispute settlement pro- mittee established under sections 170.135 small business development, particularly in cedures as all other obligations: Now, there- through 170.137 of title 25, Code of Federal its tax and regulatory regimes, and has fore, be it Regulations (as in effect on the date of en- passed new laws on investment, public-pri- Resolved, That it is the sense of the Senate actment of this Act). vate partnerships, and bankruptcy; that the United States should initiate nego- Whereas the efforts of the Government of (2) BEST PRACTICES AND RECOMMENDA- tiations to enter into a free trade agreement Tunisia to reduce its budget deficit by tight- TIONS.—The Committee may, on a periodic with Tunisia. basis, develop and present to the Secretary ening government spending, reforming do- mestic subsidies for fuel and foodstuffs, and f best practices and recommendations regard- allowing its currency to devalue through ing the issues described in clauses (i) SENATE RESOLUTION 507—SUP- more exchange rate flexibility have arguably through (vi) of paragraph (1)(A). PORTING MINOR LEAGUE BASE- caused economic hardships for many fami- (3) SUBCOMMITTEES.—The Committee may BALL lies; establish any subcommittees necessary to Whereas strong economic growth and in- Mr. BLUMENTHAL (for himself, Mrs. carry out the duties of the Committee. vestment would help provide the necessary CAPITO, Mr. DURBIN, Mr. MARKEY, Mr. (f) REPORT TO CONGRESS.—Not later than resources to reduce unemployment in Tuni- LEAHY, Mr. SANDERS, Mr. MENENDEZ, 180 days after receiving any recommenda- sia, as well as to further strengthen demo- Mr. BROWN, Mr. MANCHIN, Mrs. GILLI- tions from the Committee under subsection cratic institutions and solidify public sup- BRAND, Mr. GRASSLEY, Ms. KLOBUCHAR, port for democratic governance; (e)(2), the Secretary shall submit to the rel- Ms. ERNST, Ms. WARREN, Mr. MORAN, evant committees of Congress a report de- Whereas a vibrant, stable, and prosperous democracy in the Middle East and North Af- Mr. KAINE, and Mr. COTTON) submitted scribing those recommendations. rica is in the interest of the United States; the following resolution; which was re- (g) FEDERAL ADVISORY COMMITTEE ACT.— Whereas the political evolution of Tunisia ferred to the Committee on Commerce, Except as otherwise provided in this section, stands as an inspiration for citizens of other Science, and Transportation: the Federal Advisory Committee Act (5 states aspiring to establish the institutions S. RES. 507 of democracy after a history of autocratic U.S.C. App.) shall apply to the Committee Whereas, each season for 15 consecutive rule; and each subcommittee of the Committee. years, more than 40,000,000 fans have at- Whereas Tunisia continues to face serious tended a Minor League Baseball game; (h) DETAIL OF FEDERAL EMPLOYEES.— threats to its security from violent extrem- Whereas Minor League Baseball provides (1) IN GENERAL.—On request of the Com- ist groups operating within the country as wholesome, affordable entertainment in 160 mittee, the Secretary may detail, with or well as in neighboring countries; communities throughout the United States; without reimbursement, any of the personnel Whereas, in July 2015, the United States Whereas, in 2018, Minor League Baseball of the Department of the Interior or, in con- designated Tunisia as a major non-NATO clubs— sultation with the Secretary of Transpor- ally; (1) donated more than $45,000,000 in cash tation, the Department of Transportation, to Whereas the Government of Tunisia has and in-kind gifts to the communities in the Committee to assist the Committee in committed a significant portion of its budget carrying out the duties of the Committee. which those clubs were located; and to defense and interior ministries for (2) completed more than 15,000 volunteer (2) CIVIL SERVICE STATUS.—Any detail of a counterterrorism in recent years, at the ex- hours; Federal employee under paragraph (1) shall pense of economic and social development; Whereas the economic stimulus and devel- not interrupt or otherwise affect the civil Whereas Tunisia faces economic chal- opment provided by Minor League Baseball service status or privileges of the Federal lenges, including high inflation and high un- clubs extends beyond the cities and towns employee being detailed. employment, especially among young where Minor League Baseball games are (i) PAYMENT AND EXPENSES.— Tunisians and college graduates; played to a wide range of diverse geographic (1) COMPENSATION.—Members of the Com- Whereas the United States is committed to areas in which 80 percent of the people of the mittee shall serve without pay. continuing a strong economic partnership United States are located; (2) TRAVEL EXPENSES.—Each member of the with Tunisia as its government undertakes Whereas Minor League Baseball is com- Committee shall receive, for a meeting reforms to transform its economy to meet mitted to promoting diversity and inclusion called by the Secretary, travel expenses, in- the aspirations of all of the citizens of Tuni- through— cluding per diem in lieu of subsistence, in ac- sia; (1) the Copa de la Diversio´ n initiative; cordance with sections 5702 and 5703 of title Whereas closer engagement with Tunisia (2) the MiLB Pride initiative; 5, United States Code. through trade negotiations would encourage (3) the Fostering Inclusion through Edu- even greater reform in Tunisia and build its cation and Leadership Development Program (j) TERMINATION.—The Committee, includ- capacity to further modernize and develop (commonly known as the ‘‘FIELD Pro- ing subcommittees of the Committee, shall its economy; gram’’); and terminate on the date that is 10 years after Whereas the United States is Tunisia’s 7th (4) the Women in Baseball Leadership ini- the date of enactment of this Act. largest trading partner; tiative;

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.073 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1226 CONGRESSIONAL RECORD — SENATE February 27, 2020 Whereas Minor League Baseball is the first Mr. TILLIS, Mr. UDALL, Mr. VAN HOL- Whereas, following his engagement in civic touchpoint with the ‘‘national pastime’’ for LEN, Mr. WARNER, Mr. WHITEHOUSE, Mr. life, Hiram Revels— millions of youth, and the only touchpoint WYDEN, Mr. YOUNG, Mr. ROUNDS, and (1) served as the first president of Alcorn for youth located in communities far from Agricultural and Mechanical College in Clai- Mr. BENNET) submitted the following cities in which Major League Baseball clubs borne County, Mississippi, which was the are located; resolution; which was considered and first African American land grant college in Whereas Congress has enacted numerous agreed to: the United States; and statutory exemptions and immunities to pre- S. RES. 508 (2) later taught theology and served as a serve and sustain— Whereas Hiram Rhodes Revels (referred to member of the Board of Trustees at Rust (1) a system for Minor League Baseball; in this preamble as ‘‘Hiram Revels’’) was College, formerly known as Shaw College, in and born a free African American on September Holly Springs, Mississippi; (2) the relationship between Minor League 27, 1827, in Fayetteville, Cumberland County, Whereas Hiram Revels died on January 16, Baseball and Major League Baseball; North Carolina; 1901, in Aberdeen, Mississippi and was laid to Whereas the proposed abandonment of 42 Whereas Hiram Revels understood the im- rest in Hill Crest Cemetery in Holly Springs, Minor League Baseball clubs by Major portance of education from an early age in Mississippi; and League Baseball would devastate commu- North Carolina, where he received a sec- Whereas the life and service of Hiram nities, bond purchasers, and other stake- ondary school education at a school run by a Rhodes Revels remain a symbol of the ideals holders that rely on the economic stimulus free black woman; of the United States, including the principle that those Minor League Baseball clubs pro- Whereas, after being denied the ability to that all men are created equal: Now, there- vide; advance his education in North Carolina, fore, be it Whereas Minor League Baseball facilities Hiram Revels attended postsecondary Resolved, That the Senate— not only house the affiliated team, but also schools where he cultivated his faith, includ- (1) honors the life, accomplishments, and serve as venues for community events and ing Beech Grove Quaker Seminary in Union legacy of Hiram Rhodes Revels; other sporting competitions; County, Indiana, Darke County Seminary in (2) recognizes the commitment of Hiram Whereas Minor League Baseball clubs en- Ohio, and, later, Knox College in Galesburg, Rhodes Revels to fighting for equality and rich the lives of millions of people in the Illinois; social justice; United States each year through economic, Whereas Hiram Revels served as an or- (3) celebrates the legacy that Hiram social, cultural, and charitable contribu- dained minister to African Methodist Epis- Rhodes Revels left to guide and inspire fu- tions; and copal congregations across the United ture generations; and Whereas the preservation of Minor League States, including congregations in Maryland (4) commemorates the 150th anniversary of Baseball clubs in 160 communities across the and Missouri, which were both slave States the historic seating of Hiram Rhodes Revels United States is in the public interest, as at the time of his service; as the first African American United States those clubs will continue to provide afford- Whereas Hiram Revels, a talented orator Senator. able, family-friendly entertainment to those and preacher, practiced and promoted his communities: Now, therefore, be it faith, which informed and encouraged his ef- f Resolved, That the Senate— forts to advance education for free African (1) supports the preservation of Minor Americans; League Baseball clubs in 160 communities Whereas Hiram Revels— SENATE RESOLUTION 509—CALL- across the United States; (1) was dedicated to the fight for freedom; ING UPON THE UNITED NATIONS (2) recognizes the unique social, economic, (2) served in the military; SECURITY COUNCIL TO ADOPT A and historical contributions that Minor (3) aided in the recruitment of members for RESOLUTION ON IRAN THAT EX- League Baseball has made to the lives and regiments of the United States Colored TENDS THE DATES BY WHICH Troops, including 2 regiments established in culture of the people of the United States; ANNEX B RESTRICTIONS UNDER and Maryland and 1 regiment established in Mis- (3) encourages the continuation in 160 com- souri; and RESOLUTION 2231 ARE CUR- munities across the United States of the 117- (4) served as the chaplain for members of RENTLY SET TO EXPIRE year foundation of Minor League Baseball the United States Colored Troops in Vicks- Mr. TOOMEY (for himself, Ms. through the continued affiliation of the burg, Mississippi, in 1864; Whereas Hiram Revels courageously ROSEN, Mr. GARDNER, and Mr. COONS) Minor League Baseball clubs in those com- submitted the following resolution; munities with Major League Baseball. stepped forward to engage in civic life in the aftermath of the Civil War by serving as— which was referred to the Committee f (1) an alderman for Natchez, Mississippi, in on Foreign Relations: 1868; S. RES. 509 SENATE RESOLUTION 508—COM- (2) a Mississippi State senator in 1870; and MEMORATING THE 150TH ANNI- (3) the Secretary of State ad interim of Whereas, on July 20, 2015, the United Na- VERSARY OF THE HISTORIC Mississippi in 1873; tions Security Council adopted Resolution SEATING OF HIRAM RHODES Whereas the State legislature of Mis- 2231; REVELS AS THE FIRST AFRICAN sissippi elected Hiram Revels to fill a va- Whereas Annex B of Resolution 2231 im- AMERICAN UNITED STATES SEN- cancy in 1 of its 2 seats in the United States posed a number of restrictions on Iran and on arms technology suppliers to Iran that ATOR Senate with 1 year remaining on the term of the seat; will soon begin expiring; Mr. WICKER (for himself, Mr. ALEX- Whereas, despite challenges to his creden- Whereas the Government of Iran has never ANDER, Ms. BALDWIN, Mrs. BLACKBURN, tials, Hiram Revels was seated in the United accepted the Annex B restrictions as legiti- Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- States Senate on February 25, 1870, becoming mate and has not agreed to abide by them; Whereas Annex B of Resolution 2231 im- MAN, Mr. BRAUN, Mr. BROWN, Mr. BURR, the first African American to serve as a Member of Congress; posed an arms embargo on Iran that requires Ms. CANTWELL, Mrs. CAPITO, Mr. Whereas Hiram Revels represented Mis- Security Council approval for, among other CARDIN, Mr. CASEY, Mr. CASSIDY, Ms. sissippi in the United States Senate for a pe- things, the sale or transfer to Iran of battle COLLINS, Mr. COONS, Mr. CORNYN, Ms. riod of 1 year from February 25, 1870, until tanks, armored combat vehicles, large-cal- CORTEZ MASTO, Mr. COTTON, Mr. March 3, 1871; iber artillery systems, combat aircraft, at- CRAMER, Mr. CRAPO, Mr. CRUZ, Mr. Whereas Hiram Revels was the first of only tack helicopters, warships, missiles, and mis- DAINES, Ms. DUCKWORTH, Mr. DURBIN, 10 African American Senators to serve sile systems including man-portable air-de- Ms. ERNST, Mrs. FEINSTEIN, Mrs. FISCH- among the nearly 2,000 men and women who fense systems; Whereas the arms embargo has limited the ER, Mr. GARDNER, Mr. GRAHAM, Mr. have served as Senators in the history of the United States Senate as of the date of intro- flow of advanced conventional weapons to GRASSLEY, Mr. HAWLEY, Mr. HEINRICH, duction of this resolution; Iran; Mrs. HYDE-SMITH, Mr. INHOFE, Mr. Whereas Hiram Revels was a Reconstruc- Whereas some United Nations member JOHNSON, Mr. JONES, Mr. KAINE, Mr. tion era Republican Senator who helped to states are already preparing to provide Iran KING, Ms. KLOBUCHAR, Mr. LANKFORD, advance the United States, including in edu- with advanced weapons systems upon expira- Mr. LEAHY, Mrs. LOEFFLER, Mr. cation, military service, civic engagement, tion of the arms embargo; MANCHIN, Mr. MENENDEZ, Mr. MORAN, and community service; Whereas Russian state news services have Mr. PAUL, Mr. PERDUE, Mr. PETERS, Whereas February 25, 2020, marks the 150th reported that the Russian Federation and Iran are negotiating an arms sale that will Mr. RISCH, Mr. ROBERTS, Mr. ROMNEY, anniversary of the United States Senate— (1) rejecting the challenges to the creden- provide Iran with artillery systems, heli- Ms. ROSEN, Mr. RUBIO, Mr. SANDERS, tials of Hiram Revels; and copters, combat aircraft, and tanks; Mr. SASSE, Mr. SCHATZ, Mr. SCOTT of (2) voting 48 to 8 to seat Hiram Revels as Whereas the arms embargo in Annex B of Florida, Mr. SCOTT of South Carolina, the first African American to serve in Con- Resolution 2231 will expire on October 18, Mrs. SHAHEEN, Ms. SMITH, Mr. TESTER, gress; 2020;

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.075 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1227 Whereas Annex B of Resolution 2231 pro- continued commercial, cultural, security, relationship between Taiwan and the United hibits Iran from exporting weapons and mili- and other relations between the people of the States’’; and tary equipment, including to foreign coun- United States and the people of Taiwan, (2) the President should— tries, its proxy militias throughout the re- serves as the foundation to preserve and pro- (A) ‘‘conduct regular transfers of defense gion, and terrorist organizations such as mote continued bilateral bonds, and states articles to Taiwan that are tailored to Hezbollah and Katai’b Hezbollah; that it is the policy of the United States— meet the existing and likely future threats Whereas Hassan Nasrallah, the Secretary- (1) to preserve and promote extensive, from the People’s Republic of China, in- General of Hezbollah, which is estimated to close, and friendly commercial, cultural, and cluding supporting the efforts of Taiwan to possess at least 100,000 rockets and missiles, other relations between the people of the develop and integrate asymmetric capa- has stated that the terrorist group receives United States and the people on Taiwan, as bilities, as appropriate, including mobile, all of its weapons and missiles from Iran; well as the people on the China mainland and survivable, and cost-effective capabilities, Whereas the arms export ban on Iran in all other peoples of the Western Pacific area; into its military forces’’; and Annex B of Resolution 2231 will expire on Oc- (2) to declare that peace and stability in (B) ‘‘encourage the travel of high-level tober 18, 2020; the area are in the political, security, and United States officials to Taiwan, in ac- Whereas Annex B of Resolution 2231 economic interests of the United States, and cordance with the Taiwan Travel Act’’; are matters of international concern; banned travel and froze financial assets for Whereas, in presidential elections held on (3) to make clear that the United States January 11, 2020, the incumbent President of Iranian individuals and entities designated decision to establish diplomatic relations Taiwan, Tsai Ing-wen, won a second four- on a list established and maintained pursu- with the People’s Republic of China rests ant to United Nations Security Council Res- upon the expectation that the future of Tai- year term with the most votes for a presi- olution 1737 (2006) for their involvement in wan will be determined by peaceful means; dential candidate since Taiwan began direct certain illicit behavior; (4) to consider any effort to determine the elections, winning 57.1 percent of the presi- Whereas these travel bans and asset freezes future of Taiwan by other than peaceful dential vote; and will expire in October 2020 and October 2023, means, including by boycotts or embargoes, Whereas President Tsai stated in her ac- respectively; a threat to the peace and security of the ceptance speech: ‘‘This election has shown Whereas Annex B of Resolution 2231 Western Pacific area and of grave concern to that the Taiwanese people hope the inter- banned United Nation member states from the United States; national community will witness our com- supplying Iran’s nuclear-capable ballistic (5) to provide Taiwan with arms of a defen- mitment to democratic values and will re- missile program; and sive character; and spect our national identity. We also hope Whereas this restriction in Annex B of Res- (6) to maintain the capacity of the United that Taiwan will be given a fair opportunity olution 2231 will expire in October 2023: Now, States to resist any resort to force or other to participate in international affairs.’’: therefore, be it forms of coercion that would jeopardize the Now, therefore, be it Resolved, That the Senate— security, or the social or economic system, Resolved, That the Senate— (1) asserts that the expiration of the afore- of the people on Taiwan; (1) commends the people of Taiwan on mentioned restrictions on Iran and on arms Whereas the United States and Taiwan holding free and fair democratic elections on technology suppliers to Iran in Annex B of have built a strong economic partnership in January 11, 2020; United Nations Security Council Resolution which— (2) congratulates Madame Tsai Ing-wen on 2231 (2015) will enhance the ability of Iran to (1) the United States is Taiwan’s second her re-election to the presidency of Taiwan, continue its destabilizing actions in the Mid- largest trading partner; and wishes her well on her inauguration on May dle East that threaten the security of the (2) Taiwan is the 10th largest trading part- 20, 2020, and pledges to deepen the relation- ner of the United States and a key destina- United States and that of our allies; ship between the peoples of the United tion for United States agricultural exports; (2) urges the international community to States and Taiwan in her second term; Whereas the people of the United States fully enforce the aforementioned restrictions (3) encourages the President to send a and the people of Taiwan share deep cultural on Iran and on arms technology suppliers to high-level official delegation for President and personal ties, as exemplified by the large Iran in Annex B of United Nations Security Tsai’s second inauguration, consistent with flow of visitors and exchanges each year and Council Resolution 2231; and United States law; the over 23,000 Taiwanese students who study (4) calls upon the United States Govern- (3) calls upon the United Nations Security in the United States; ment to advocate for Taiwan’s active par- Council to adopt a resolution on Iran that Whereas the American Institute in Taiwan ticipation in international organizations, in- extends the dates by which the aforemen- and the Taipei Economic and Cultural Rep- cluding the World Health Organization, the tioned restrictions on Iran and on arms tech- resentative Office in the United States International Civil Aviation Organization, nology suppliers to Iran in Annex B are cur- signed a memorandum of understanding in and the International Criminal Police Orga- rently set to expire. June 2015 establishing the Global Coopera- nization; and f tion and Training Framework, under which (5) encourages United States financial sup- Taiwan, the United States, and Japan jointly SENATE RESOLUTION 510—COM- port to enhance Taiwan’s international par- sponsor training programs to share Taiwan’s ticipation through the Global Cooperation MENDING THE PEOPLE OF TAI- expertise with partners around the world, in- and Training Framework in recognition of WAN ON HOLDING FREE AND cluding in the areas of public health, law en- our shared commitment to an open, free, and FAIR DEMOCRATIC PRESI- forcement, disaster relief, energy coopera- prosperous Indo-Pacific region and beyond. DENTIAL AND LEGISLATIVE tion, women’s empowerment, digital econ- ELECTIONS, AND CONGRATU- omy and cybersecurity, media literacy, and f LATING MADAME TSAI ING-WEN good governance; SENATE RESOLUTION 511—SUP- ON HER RE-ELECTION TO THE Whereas, in 2019, the United States and PORTING THE ROLE OF THE PRESIDENCY OF TAIWAN Taiwan also launched Indo-Pacific Demo- cratic Governance Consultations, to help UNITED STATES IN HELPING Mr. GARDNER (for himself, Mr. Indo-Pacific countries address governance SAVE THE LIVES OF CHILDREN MARKEY, and Mr. RISCH) submitted the challenges, and a new Pacific Islands Dia- AND PROTECTING THE HEALTH following resolution; which was re- logue, to help meet the development needs of OF PEOPLE IN DEVELOPING ferred to the Committee on Foreign Taiwan’s diplomatic partners in the Pacific; COUNTRIES WITH VACCINES AND Relations: Whereas Taiwan has the expertise, willing- IMMUNIZATION THROUGH GAVI, ness, and capability to engage further in THE VACCINE ALLIANCE S. RES. 510 international efforts to mitigate global chal- Whereas the people of the United States lenges related to such issues as public Mr. RUBIO (for himself, Mr. KAINE, and Taiwan enjoy extensive, close, and health, aviation safety, crime, and ter- Ms. COLLINS, Ms. CANTWELL, and Mrs. friendly commercial, cultural, and other re- rorism, but its participation in such efforts SHAHEEN) submitted the following reso- lations founded in shared strategic interests has been constrained by conditions imposed lution; which was referred to the Com- and cemented by a commitment to demo- by the People’s Republic of China; mittee on Foreign Relations: cratic values; Whereas successive Congresses have di- Whereas Taiwan is a free, democratic, and rected the executive branch to develop strat- S. RES. 511 prosperous nation of more than 23,000,000 egies to obtain meaningful participation for Whereas access to vaccines and routine im- people and an important contributor to Taiwan in international organizations, such munizations can protect children from dead- peace and stability around the world, and its as the World Health Organization, the Inter- ly but preventable diseases, reduce poverty, transformation into a robust democracy and national Civil Aviation Organization, and and contribute to economic growth by ena- a strong free market economy with a vibrant the International Criminal Police Organiza- bling people to live longer, healthier, and civil society offers a model for others in the tion (commonly known as ‘‘INTERPOL’’); more productive lives; Indo-Pacific; Whereas the Asia Reassurance Initiative Whereas investments in the development Whereas the Taiwan Relations Act (Public Act of 2018 (Public Law 115–409) states that— and deployment of vaccines and immuniza- Law 96–8; 22 U.S.C. 3301 et seq.), signed into (1) it is United States policy ‘‘to support tions can also help enhance global health se- law on April 10, 1979, codified the basis for the close economic, political, and security curity by reducing the incidence of deadly

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.077 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1228 CONGRESSIONAL RECORD — SENATE February 27, 2020 and debilitating diseases and containing the Whereas the United States has been a lead- (A) all authors for their success in encour- spread of infectious diseases before they be- ing supporter of GAVI since its inception, aging children to discover the joy of reading; come pandemic health threats; and its continued commitment will be essen- and Whereas, prior to 2000, resources for and tial to the achievement of the alliance’s (B) the 23rd anniversary of Read Across access to vaccines for children in the devel- goals for 2021–2025: Now, therefore, be it America Day; and oping world were declining, immunization Resolved, That the Senate— (3) encourages— rates were stagnant or decreasing, and near- (1) commends the work of GAVI and its (A) parents, educators, and communities— ly 10,000,000 children were dying each year partners for their efforts to expand access (i) to read with children for at least 30 min- before reaching their fifth birthday; vaccines and immunizations for the most utes on Read Across America Day; and Whereas, prior to 2000, it was common for vulnerable men, women, and children in de- (ii) in honor of the commitment of the Sen- new life-saving vaccines to take up to 15 veloping countries; ate to building a country of readers, to pro- years to be introduced in the world’s least (2) affirms the continued support of the mote a love of reading and opportunities for developed countries; United States Government for GAVI as an all children to see themselves reflected in Whereas, in 2000, the United States Gov- efficient and effective mechanism to advance literature; and ernment joined forces with the Bill & global health security and save lives by— (B) the people of the United States to ob- Melinda Gates Foundation, the United Na- (A) reducing the incidence of deadly and serve Read Across America Day with appro- tions Children’s Fund (UNICEF), the World debilitating diseases; priate ceremonies and activities. Health Organization, the World Bank, other (B) leveraging donor, partner country, and donor governments, and representatives of private sector investments in health systems f developing countries, faith-based organiza- capable of sustainably delivering vaccines tions, civil society, and the private sector, and immunizations; and SENATE RESOLUTION 513—DESIG- including the vaccine industry, to create the (C) reducing the cost of vaccines while pro- NATING FEBRUARY 2020 AS Global Alliance for Vaccines and Immuniza- moting supply chain security and sustain- ‘‘AMERICAN HEART MONTH’’ AND tion (now known as GAVI or GAVI, the Vac- ability; cine Alliance), a public-private partnership FEBRUARY 7, 2020, AS ‘‘NATIONAL (3) affirms the support of the United States WEAR RED DAY’’ to expand access to new and underused vac- Government for the goal of securing a min- cines, reduce the incidence of deadly and de- imum of $7,400,000,000 in donor commitments Ms. SINEMA (for herself, Mrs. FISCH- bilitating diseases, prevent epidemics, and for GAVI’s third replenishment, to be held in ER, Ms. HIRONO, Ms. BALDWIN, Mrs. save lives; June 2020 in the United Kingdom; BLACKBURN, Ms. CANTWELL, Ms. ERNST, Whereas GAVI, the Vaccine Alliance has (4) urges donor countries and private sec- since supported country-led vaccine initia- Mrs. CAPITO, Mrs. HYDE-SMITH, Ms. tor partners to step up the fight and increase KLOBUCHAR, Ms. MCSALLY, Ms. ROSEN, tives in 73 countries, enabled immunizations their pledges for the third replenishment; Mrs. SHAHEEN, and Ms. STABENOW) sub- for more than 760,000,000 of the world’s most (5) urges GAVI partner countries to con- vulnerable children, helped avert an esti- tinue to make and meet ambitious co-financ- mitted the following resolution; which mated 13,000,000 deaths, and contributed to a ing commitments to sustain progress in end- was considered and agreed to: 70 percent reduction in the number of deaths ing vaccine-preventable deaths; and S. RES. 513 due to vaccine-preventable diseases; (6) encourages the United States Agency Whereas country ownership and sustain- Whereas cardiovascular disease affects for International Development (USAID) and ability are at the core of the GAVI model, men, women, and children of every age and the Centers for Disease Control and Preven- which requires each eligible country to com- race in the United States; tion, in cooperation with GAVI, to continue mit their own domestic resources to vaccina- Whereas, between 2003 and 2013, the death their work to strengthen public health ca- tion and immunization programs; rate from cardiovascular disease fell nearly pacity to introduce and sustain the use of Whereas 15 countries have transitioned 30 percent, but cardiovascular disease con- new and underused vaccines in routine im- from GAVI support and are now self-financ- tinues to be the leading cause of death in the munization programs. ing their own vaccination and immunization United States, taking the lives of approxi- programs, three more are expected to transi- f mately 800,000 individuals in the United tion by the end of 2020, and an additional 10 States each year and accounting for 1 in 3 countries are expected to transition by 2025 SENATE RESOLUTION 512—DESIG- deaths across the country; (in total, 40 percent of the original set of NATING MARCH 2, 2020, AS ‘‘READ Whereas congenital heart defects are the— GAVI-eligible countries); ACROSS AMERICA DAY’’ (1) most common birth defect in the United Whereas GAVI has transformed the market States; and for vaccines by pooling demand from devel- Ms. COLLINS (for herself, Mr. REED, (2) leading killer of infants with birth de- oping countries, securing predictable financ- Mr. BRAUN, Mr. CARPER, Mr. WICKER, fects; ing, expanding the global supplier base, en- Ms. HASSAN, Mrs. CAPITO, Mr. WHITE- Whereas, each year, an estimated 800,000 hancing the competitiveness and security of HOUSE, Ms. WARREN, Ms. KLOBUCHAR, individuals in the United States have a heart supply chains, and creating efficiencies that and Mr. DURBIN) submitted the fol- attack, of whom an estimated 115,000 die; are expected to generate an estimated lowing resolution; which was consid- Whereas, in 2015, cardiovascular disease ac- $900,000,000 in savings between 2021–2025; ered and agreed to: counted for approximately $555,000,000,000 in Whereas, in addition to its current port- health care expenditures and lost produc- folio of vaccines, GAVI is working to support S. RES. 512 tivity; the roll-out and scale-up of newly approved Whereas reading is— Whereas it is estimated that cardio- vaccines for diphtheria, tetanus and per- (1) a basic requirement for quality edu- vascular disease will account for approxi- tussis (DTP) boosters, hepatitis B birth dose, cation and professional success; and mately $1,093,900,000,000 in health care ex- multivalent meningococcal, respiratory (2) a source of pleasure throughout life; penditures and lost productivity annually by syncytia (RSV), routine oral cholera, and ra- Whereas the people of the United States 2035; bies; must be able to read if the United States is Whereas individuals in the United States Whereas GAVI also collaborates with the to remain competitive in the global econ- have made great progress in reducing the Global Polio Eradication Initiative to bring omy; death rate for cardiovascular disease, but polio vaccines into routine immunization Whereas Congress has placed great empha- this progress has been more modest with re- programs, strengthen health systems, and sis on reading intervention and providing ad- spect to the death rate for cardiovascular implement additional polio protections; ditional resources for reading assistance, in- disease in women and minorities; Whereas GAVI has made significant cluding through— Whereas many people do not recognize that progress in supporting the development and (1) the programs authorized under the Ele- cardiovascular disease is the leading killer of stockpiling of an effective vaccine to combat mentary and Secondary Education Act of women in the United States, taking the lives Ebola; 1965 (20 U.S.C. 6301 et seq.); and of over 400,000 women in 2017; Whereas GAVI is participating in efforts to (2) annual appropriations for library and Whereas over 1⁄2 of all African-American test and implement an effective vaccine to literacy programs; and adults have some form of cardiovascular dis- prevent malaria, a disease that kills more Whereas more than 50 national organiza- ease, including 57.1 percent of African-Amer- than 270,000 children a year; tions concerned about reading and education ican women and 60.1 percent of African- Whereas, in June 2020, the United Kingdom have joined with the National Education As- American men; will host GAVI’s third replenishment con- sociation to designate March 2, the anniver- Whereas Alaska Natives and American In- ference, with an ambitious goal to raise sary of the birth of Theodor Geisel (com- dians are more likely to die from cardio- $7,400,000,000 in new donor commitments; monly known as ‘‘Dr. Seuss’’), as a day to vascular disease than individuals from other Whereas, with these additional resources, celebrate reading: Now, therefore, be it ethnic groups; GAVI plans to support the immunization of Resolved, That the Senate— Whereas Native Hawaiians have higher 300,000,000 children against potentially fatal (1) designates March 2, 2020, as ‘‘Read mortality rates and die at a younger average diseases and save an additional 7,000,000 to Across America Day’’; age from cardiovascular disease than other 8,000,000 lives between 2021 and 2025; and (2) honors— ethnic groups in Hawaii;

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.079 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1229 Whereas many minority women, including SENATE RESOLUTION 514—EX- but it is certainly the most personal African-American, Hispanic, Asian-Amer- PRESSING THE SENSE OF THE time that I have ever shared this story. ican, and Native American women and SENATE THAT DONALD STRAT- Donald Stratton was born in a tiny women from indigenous populations, have a greater prevalence of risk factors or are at a TON BE REMEMBERED FOR A town in Nebraska—Red Cloud—in 1922. higher risk of death from heart disease, LIFETIME OF HEROISM AND Its population today is of 900 or so peo- stroke, and other cardiovascular diseases, SERVICE TO THE UNITED ple. I didn’t have a chance to look up but are less likely to know of the risk; STATES how big it was when he was born in Whereas women constitute about 20 per- Mr. GARDNER (for himself and Mr. 1922. I imagine it may have been a lit- cent of enrolled patients in cardiovascular tle bit bigger. It has certainly faced the disease clinical trials; BENNET) submitted the following reso- lution; which was considered and fate that many rural communities in Whereas, due to the differences in cardio- America have. It has seen times of vascular disease between men and women, agreed to: growth and times of loss. Certainly, more research and data on the effects of car- S. RES. 514 diovascular disease treatments for women is the people of Red Cloud know they vital; Whereas, on February 15, 2020, Donald have lost a great hero as well. Whereas veterans have higher rates of car- Stratton, a veteran of World War II and one Donald Stratton wrote in his mem- of the last remaining survivors of the attack diovascular disease than nonveterans; oirs on December 6, 1941, as a young Whereas female veterans are less likely on Pearl Harbor, passed away peacefully sur- rounded by his loving family in Colorado Nebraskan sailor, that he felt like the than male veterans to be included in studies luckiest boy from Red Cloud because on the effects of cardiovascular disease on Springs, Colorado; veterans; Whereas, on December 7, 1941, the attack he was in an incredibly beautiful part Whereas female veterans are less likely on Pearl Harbor lasted for approximately 5 of the world. In fact, he wrote in his than male veterans to receive adequate hours, during which 2,403 members of the memoir that he was in the Navy, see- treatment for cardiovascular disease; United States Armed Forces were killed or ing the world, and was stationed in one Whereas extensive clinical and statistical mortally wounded, 1,247 members of the of the most beautiful parts of the studies have identified major and contrib- United States Armed Forces were wounded, and 57 civilians lost their lives; world. He was 19, and his entire life uting factors that increase the risk of car- stretched before him. That next morn- diovascular disease, including— Whereas, during the attack on Pearl Har- (1) high blood pressure; bor, Seaman First Class Donald Stratton was ing, December 7, 1941, would change (2) high blood cholesterol; one of 6 sailors trapped in the control tower forever Donald Stratton and his coun- (3) using tobacco products; main mast after a massive explosion on the try. (4) exposure to tobacco smoke; U.S.S. Arizona; In his book, he talked about that (5) physical inactivity; Whereas Boatswain’s Mate Second Class day, December 7, 1941. A little after 5 (6) obesity; and Joseph Leon George saved the lives of Sea- (7) diabetes mellitus; a.m., he had awoken, on his cot, about man First Class Donald Stratton, Seaman Whereas an individual can greatly reduce First Class Harold Kuhn, Seaman First Class an hour and a half before sunrise. the risk of cardiovascular disease through Russell Lott, Gunner’s Mate Third Class Earl He writes: lifestyle modification coupled with medical Riner, Boatswain’s Mate Second Class Alvin I stretched, rubbed the sleep from my eyes, treatment when necessary; Dvorak, and Fire Controlman Third Class and folded up my cot. I stored it in the incin- Whereas greater awareness and early de- Lauren Bruner; erator room, then went below to shower. tection of risk factors for cardiovascular dis- Whereas, despite suffering severe burns on After, I dressed for the day in the typical ease can improve and save the lives of many more than 70 percent of his body and being casual clothes that sailors wore on Sun- individuals in the United States each year; medically discharged, Donald Stratton later days—a clean pair of pressed, white shorts Whereas, under section 101(1) of title 36, and a white T-shirt, along with my sailor’s United States Code, the President is re- reenlisted in the United States Navy to con- hat. quested to issue an annual proclamation des- tinue serving during World War II; ignating February as American Heart Whereas, after serving in the United States A few minutes later, a 5:30 reveille Month; Armed Forces, Donald Stratton committed sounded over the intercom, and the his life to pursuing the posthumous recogni- Whereas the National Heart, Lung, and ship stirred to life, he talked about. Blood Institute of the National Institutes of tion of Joseph George with the award of a Bronze Star; and Below decks, men tumbled out of their Health, the American Heart Association, and hammocks and headed to the showers. many other organizations celebrate National Whereas Donald Stratton exemplified the Wear Red Day during February by ‘‘going heroism and selfless service of the members A few hours later, at 7:55 that morning, red’’ to increase awareness about cardio- of the United States Armed Forces: Now, after a Sunday morning breakfast, he vascular disease as the leading killer of therefore, be it heard airplanes and bombs in the dis- women; and Resolved, That the Senate— tance as the attacks on Pearl Harbor Whereas, every year since 1964, the Presi- (1) honors Donald Stratton for his life- began. By 8:06—11 minutes later—two- dent has issued a proclamation designating long commitment to service to the United thirds of his body would be engulfed in States and the example he set for future gen- the month of February as American Heart flames. Month: Now, therefore, be it erations; and Resolved, That the Senate— (2) remembers the men and women of the He was at his station, directing anti- (1) designates— Greatest Generation of the United States, in- aircraft guns, and trying his best to (A) February 2020 as ‘‘American Heart cluding the few remaining survivors of that fight off the surprise attack by the Month’’; and generation. Japanese. At that moment, a 1,700- (B) February 7, 2020, as ‘‘National Wear Mr. GARDNER. Mr. President, I pound armor-piercing bomb was Red Day’’; come to the floor with somber news for dropped from 10,000 feet above the USS (2) supports the goals and ideals of Amer- Colorado and our country. It is about a ican Heart Month and National Wear Red Arizona. That bomb came crashing Day; gentleman I have talked about many down through four steel decks, where it (3) recognizes and reaffirms the commit- times on this floor and across Colo- reached the ammunition magazine, ment of the United States to— rado—Donald Stratton, a veteran of causing a series of explosions and (A) promoting awareness about the causes, World War II, who was on the USS Ari- shooting a fireball 500 to 600 feet in the risks, and prevention of cardiovascular dis- zona on December 7, 1941. Our country air, engulfing Donald Stratton and his ease; has suffered a great loss this past week shipmates in even more flames. (B) supporting research on cardiovascular with Mr. Stratton’s passing. That Sunday morning of December 7, disease; and (C) expanding access to medical treatment A gallant man, Donald Stratton aboard the USS Arizona, were 1,512 offi- for cardiovascular disease; served his country, his family, and our cers, sailors, and marines. The attack (4) commends the efforts of States, terri- great State with honor, pride, and that day—that 1,700-pound bomb and so tories, and possessions of the United States, courage. He was the type of person who many others—killed 1,177. Only 335 localities, nonprofit organizations, busi- only comes around once in a genera- brave people survived that morning. nesses, and other entities, and the people of tion and was someone whom I was Donald Stratton was one of those 335 the United States who support American lucky to have gotten to know and cer- sailors. His story of survival happened Heart Month and National Wear Red Day; and tainly proud to have worked with. It is because of a sailor who was stationed (5) encourages every individual in the with great emotion that I come to the next to the USS Arizona on a ship United States to learn about his or her risk floor to share his story once again. I called the Vestal. He was a sailor by the for cardiovascular disease. am sure it will not be the last time, name of Joe George.

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.081 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1230 CONGRESSIONAL RECORD — SENATE February 27, 2020 On that morning, as they were trying 2017. He thanked Joe George for saving eille at the Pearly Gates must be quite to fight back, they had been trapped in his life and probably never fully under- spectacular. He passed away at his their tower. Donald Stratton and five stood why his mission didn’t end that home in Colorado Springs on February of his other shipmates were burning— day while so many others’ missions 15, at the age of 97, next to his beloved trapped on that tower—as the ship was did, but thank God he was able to con- wife. He joins Lauren Bruner, another going down. Joe George, a sailor tinue the fight for this country. survivor of that morning on the USS aboard the Vestal, saw them and saw While Donald Stratton was on the Arizona, who came to my office to fight what was happening. He tried many brink of death, he knew he had to get with him for Joe George—Bruner, a times to throw a rope over to the USS back into the fight, and he did. He shipmate who passed away on Sep- Arizona to provide help. Finally, he went back into the Pacific theater. tember 10 of last year and who was in- succeeded. Out of the smoke and out of He wrote in his book: terred in the USS Arizona this past De- the flames, a lifeline from Joe George Though I may have left Pearl Harbor on a cember 7 on the 78th anniversary of the to that tower was seen, and they were stretcher, I had returned on a destroyer. I Pearl Harbor attack. I pray that they able to affix it to the tower. Miracu- had recovered my strength, as had my coun- all rest in peace as they join their fam- lously, Donald Stratton and these try. I was ready to meet what was coming, ily in arms. other sailors were able to shimmy and I had a boatload of reinforcements with This Saturday, the community of me. across the rope, over the burning Colorado Springs and our State will water, to safety on the Vestal. Despite Donald Stratton came back, fighting hold a memorial service for Donald their terrible wounds, they made it to for our country and fighting for the Stratton when he will be lain in his the Vestal. man who saved his life. final resting place next to his daugh- This story led to an incredible fight He wrote in his memoir that, in life, ters in Nebraska. As we say goodbye to again by Donald Stratton. After he the only question that matters is this hero, let us all do it with thanks spent a year recovering from the burns ‘‘Have I lived a good life?’’ He wrote to Donald Stratton and to the two re- that were over almost all of his body, that he wonders if he will be remem- maining survivors of the USS Arizona he told his parents that he couldn’t bered when he is gone. He wonders who today, Lou Conter and Ken Potts. just abandon the fight, that he couldn’t will remember him and why. To every brave man and woman who abandon his country, that he had to go Please know that we will remember serves our country, we are eternally back to duty. With that, he went back you eternally and your family for what grateful. into service for his country. But the you have done for this country. I am going to miss him. fight Donald Stratton gave for this I introduce a resolution to recognize f and remember Donald Stratton’s life country and for his fellow sailors didn’t SENATE RESOLUTION 515—SUP- because there are only a few remaining stop there. After he served in the Navy, PORTING THE GOALS AND brave men and women who survived after he left it, he knew he had to IDEALS OF CAREER AND TECH- that day, who survived that war, who spend the rest of his life fighting for NICAL EDUCATION MONTH the man who saved his life and his fel- fought for us so many years ago. I hope Mr. KAINE (for himself, Mr. low shipmates. all of my colleagues will support it so It wasn’t like people left the ship at that this American hero and his incred- PORTMAN, Ms. BALDWIN, Mr. YOUNG, the end of the day on December 7 to go ible life can be remembered by our Na- Mr. BARRASSO, Mr. BENNET, Mrs. back to the office and fill out reports tion forever. BLACKBURN, Mr. BLUMENTHAL, Mr. and say: Well, it was a busy day at the The first time I met Donald Stratton, BOOZMAN, Mr. BRAUN, Mr. BROWN, Ms. office. These things happen. he told me his story. He told me what CANTWELL, Mrs. CAPITO, Mr. CARPER, America was at war. Thousands of he had done. He told me how he and his Mr. CASEY, Mr. COONS, Mr. CORNYN, Ms. lives had been lost. In the fire, in the wife had met and how he had gone back CORTEZ MASTO, Mr. DAINES, Ms. smoke, and in the fight, what Joe into the fight after receiving such se- DUCKWORTH, Mr. DURBIN, Mr. ENZI, Ms. George had done for Donald Stratton vere burns that his wife used to take a ERNST, Mrs. FEINSTEIN, Ms. HARRIS, and those other brave sailors was lost bristle brush to them to help his skin Ms. HASSAN, Ms. HIRONO, Mr. HOEVEN, for that time. Donald Stratton went feel better. Mrs. HYDE-SMITH, Mr. JONES, Mr. KING, back into service. He went back into I asked how he did it and said: Mr. Ms. KLOBUCHAR, Mrs. LOEFFLER, Mr. the fight. He spent the rest of his life Stratton, I am pretty sure I never MANCHIN, Ms. MCSALLY, Mr. MERKLEY, trying to find the man who saved his could have done what you did. Mr. MURPHY, Mrs. MURRAY, Mr. life. He spent a decade-plus looking for In his kind of ‘‘ah, shucks’’ demeanor PERDUE, Mr. PETERS, Mr. REED, Mr. Joe George, finding out who he was. from Red Cloud, NE, he said: ‘‘Well, ROBERTS, Mr. ROMNEY, Ms. ROSEN, Mr. After he found out who he was, he Cory, everyone has to be somewhere.’’ RUBIO, Mr. SANDERS, Mr. SCOTT of spent 16 years fighting the Navy so It was not the response I thought I South Carolina, Mrs. SHAHEEN, Ms. that Joe George would be recognized was going to get, but everybody does SMITH, Ms. STABENOW, Mr. THUNE, Mr. for his heroic actions. have to be somewhere. Thank God Don- TILLIS, Mr. VAN HOLLEN, Mr. WARNER, Donald Stratton went to the Arizona ald Stratton was on that boat on De- Mr. WICKER, Mr. WYDEN, and Mrs. Legislature, and he went to the Colo- cember 7, 1941. Thank God Joe George FISCHER) submitted the following reso- rado Legislature. They passed resolu- was on that boat on December 7, 1941. lution; which was considered and tions asking that Joe George be recog- Thank God that rope was thrown over agreed to: nized for his acts of bravery and his to the tower to save his life. Thank S. RES. 515 courage. God Donald Stratton returned to the Whereas a competitive global economy re- He then came to this Congress. fight to stand up for this country, to quires workers who are prepared for skilled Lauren Bruner, Donald Stratton, and continue his fight for Joe George, and professions; the other members who survived the to have an incredible family who con- Whereas, in the next several years, an esti- tinues to share in his legacy today. mated 3,000,000 new workers will be needed in USS Arizona—the remaining few of the infrastructure positions in the United USS Arizona—came to the Senate and Thank God for all of them. Thank States, including in positions for designing, said: As fewer and fewer of us are able God for all of the men and women who building, and operating transportation, hous- to celebrate and to commemorate De- were there that day and what they ing, utilities, and telecommunications facili- cember 7 each and every year, would have been able to do to fight for this ties; you please celebrate one more life—Joe country, to stand for this country, to Whereas career and technical education George’s? On December 7, 2017, the pay back the blessings of this country (referred to in this preamble as ‘‘CTE’’) en- Navy recognized Joe George with the as we must fight each and every day to sures that competitive and skilled workers pay back the blessings they so gener- are ready, willing, and capable of holding Bronze Star and the ‘‘V’’ for valor de- jobs in high-wage, high-skill, and in-demand vice. ously bestowed upon this Nation when career fields such as science, technology, en- I have a picture of Donald Stratton they stood up, because they were there. gineering, mathematics, nursing, allied as he said goodbye one more time to We know that Donald Stratton has health, construction, information tech- his fellow shipmates on December 7, joined his fellow shipmates. That rev- nology, energy sustainability, and many

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G27FE6.027 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1231 other career fields that are vital in keeping (4) encourages educators, guidance and ca- Parks, Walter Payton, Bill Pickett, Homer the United States competitive in the global reer development professionals, administra- Plessy, Bass Reeves, Hiram Revels, Amelia economy; tors, and parents to promote career and Platts Boynton Robinson, Jackie Robinson, Whereas CTE helps the United States meet technical education as a respected option for Aaron Shirley, Sojourner Truth, Harriet the very real and immediate challenges of students. Tubman, Booker T. Washington, the Greens- economic development, student achieve- boro Four, the Tuskegee Airmen, Prince f ment, and global competitiveness; Rogers Nelson, Recy Taylor, Fred Whereas the United States has 30,000,000 SENATE RESOLUTION 516—CELE- Shuttlesworth, Duke Ellington, Langston jobs with an average income of $55,000 per BRATING BLACK HISTORY Hughes, Muhammad Ali, Elijah Cummings, year that do not require a bachelor’s degree MONTH Ella Fitzgerald, Mamie Till, Edith Savage- yet increasingly require some level of post- Jennings, Toni Morrison, Gwen Ifill, and secondary education; Mr. BOOKER (for himself, Mr. SCOTT Diahann Carroll, along with many others, Whereas over 11,800,000 students are en- of South Carolina, Ms. HARRIS, Mr. worked against racism to achieve success rolled in CTE across the country at sec- GRASSLEY, Mr. MURPHY, Mr. BRAUN, and to make significant contributions to the ondary and postsecondary institutions, with Mr. WHITEHOUSE, Mr. BLUNT, Mrs. economic, educational, political, artistic, CTE programs in thousands of CTE centers, GILLIBRAND, Mr. SULLIVAN, Mr. UDALL, athletic, literary, scientific, and techno- comprehensive high schools, career acad- logical advancement of the United States; Mr. PORTMAN, Mr. BENNET, Mr. RUBIO, emies, and CTE high schools, and nearly Whereas the contributions of African Mr. KAINE, Mrs. HYDE-SMITH, Mr. DUR- 1,000 2-year colleges; Americans from all walks of life throughout Whereas CTE matches employability skills BIN, Mr. SCOTT of Florida, Ms. ROSEN, the history of the United States reflect the with workforce demand and provides rel- Mr. CASSIDY, Mr. MARKEY, Mr. INHOFE, greatness of the United States; evant academic and technical coursework Ms. HIRONO, Mr. WICKER, Ms. CORTEZ Whereas many African Americans lived, leading to industry-recognized credentials MASTO, Mr. ROUNDS, Mr. BLUMENTHAL, toiled, and died in obscurity, never achieving for secondary, postsecondary, and adult Mr. BURR, Mr. BROWN, Mr. CRAMER, Ms. the recognition those individuals deserved, learners; DUCKWORTH, Mr. RISCH, Mr. COONS, Ms. and yet paved the way for future generations Whereas CTE affords students the oppor- ERNST, Ms. KLOBUCHAR, Mr. TILLIS, Mr. to succeed; tunity to gain the knowledge, skills, and cre- Whereas African Americans continue to MENENDEZ, Mr. CORNYN, Mr. WYDEN, dentials needed to secure careers in growing, serve the United States at the highest levels Mr. PAUL, Mr. VAN HOLLEN, Mr. CRAPO, high-demand fields; of business, government, and the military; Whereas secondary CTE is associated with Mr. REED, Mr. SHELBY, Ms. SMITH, Ms. Whereas the birthdays of Abraham Lincoln a lower probability of dropping out of high COLLINS, Mr. PETERS, Mr. BOOZMAN, and Frederick Douglass inspired the creation school and a higher likelihood of graduating Mrs. FEINSTEIN, Mr. GARDNER, Mr. of Negro History Week, the precursor to on-time; CARDIN, Ms. MCSALLY, Mrs. SHAHEEN, Black History Month; Whereas CTE students were significantly Mr. ROMNEY, Mr. WARNER, Mr. JONES, Whereas Negro History Week represented more likely than non-CTE students to report the culmination of the efforts of Dr. Carter having developed problem-solving, project Ms. HASSAN, Ms. CANTWELL, Mr. KING, G. Woodson, the ‘‘Father of Black History’’, completion, research, math, college applica- Mr. SANDERS, Ms. WARREN, Mr. CASEY, to enhance knowledge of Black history tion, work-related, communication, time Mrs. MURRAY, Ms. BALDWIN, Mr. CAR- through The Journal of Negro History, pub- management, and critical thinking skills PER, Ms. STABENOW, Mr. LEAHY, Mr. lished by the Association for the Study of during high school; SCHUMER, Ms. SINEMA, Mr. MANCHIN, African American Life and History, which Whereas, according to an American Fed- Mr. MERKLEY, Mr. SCHATZ, Mr. HEIN- was founded by Dr. Carter G. Woodson and eration of Teachers poll, 94 percent of par- RICH, Mrs. LOEFFLER, Mr. TESTER, and Jesse E. Moorland; ents approve of expanding access to CTE and Mr. HAWLEY) submitted the following Whereas Black History Month, celebrated other programs that prepare students for during the month of February, originated in jobs; resolution; which was considered and 1926 when Dr. Carter G. Woodson set aside a Whereas students at schools with highly agreed to: special period in February to recognize the integrated rigorous academic and CTE pro- S. RES. 516 heritage and achievements of Black people grams are significantly more likely to meet Whereas, in 1776, people envisioned the college and career readiness benchmarks in the United States; United States as a new nation dedicated to Whereas Dr. Carter G. Woodson stated, than students at schools with less integrated the proposition stated in the Declaration of programs; ‘‘We have a wonderful history behind us. . . Independence that ‘‘all men are created . If you are unable to demonstrate to the Whereas, in 2018, Congress affirmed the im- equal, that they are endowed by their Cre- portance of CTE by passing the Strength- world that you have this record, the world ator with certain unalienable Rights, that will say to you, ‘You are not worthy to enjoy ening Career and Technical Education for among these are Life, Liberty and the pur- the 21st Century Act (Public Law 115–224), the blessings of democracy or anything suit of Happiness’’; else.’ ’’; which supports program improvement in sec- Whereas Africans were first brought invol- Whereas, since its founding, the United ondary and postsecondary CTE programs in untarily to the shores of the United States States has imperfectly progressed toward all 50 States, the District of Columbia, Puer- as early as the 17th century; noble goals; to Rico, the United States Virgin Islands, Whereas African Americans suffered en- Whereas the history of the United States is and outlying areas; slavement and subsequently faced the injus- the story of people regularly affirming high Whereas 2020 marks the 100th anniversary tices of lynch mobs, segregation, and denial ideals, striving to reach those ideals but of State CTE leadership by Advance CTE of the basic and fundamental rights of citi- often failing, and then struggling to come to (formerly known as the ‘‘National Associa- zenship; terms with the disappointment of that fail- tion of State Directors of Career Technical Whereas, in 2020, the vestiges of those in- ure, before committing to try again; Education Consortium’’ or ‘‘NASDCTEc’’); justices and inequalities remain evident in Whereas, on November 4, 2008, the people of and the society of the United States; the United States elected Barack Obama, an Whereas February 23, 2020, marks the 103d Whereas, in the face of injustices, people of anniversary of the signing of the Act of Feb- good will and of all races in the United African-American man, as President of the ruary 23, 1917 (commonly known as the States have distinguished themselves with a United States; and ‘‘Smith-Hughes Vocational Education Act of commitment to the noble ideals on which Whereas, on February 22, 2012, people 1917’’) (39 Stat. 929, chapter 114), which was the United States was founded and have across the United States celebrated the the first major Federal investment in sec- fought courageously for the rights and free- groundbreaking of the National Museum of ondary CTE and laid the foundation for the dom of African Americans and others; African American History and Culture, bipartisan, bicameral support for CTE that Whereas African Americans, such as Lieu- which opened to the public on September 24, continues as of February 2020: Now, there- tenant Colonel Allen Allensworth, Maya 2016, on the National Mall in Washington, fore, be it Angelou, Arthur Ashe, Jr., James Baldwin, District of Columbia: Now, therefore, be it Resolved, That the Senate— James Beckwourth, Clara Brown, Blanche Resolved, That the Senate— (1) designates February 2020 as ‘‘Career and Bruce, Ralph Bunche, Shirley Chisholm, Holt (1) acknowledges that all people of the Technical Education Month’’ to celebrate ca- Collier, Miles Davis, Louis Armstrong, Larry United States are the recipients of the reer and technical education across the Doby, Frederick Douglass, W. E. B. Du Bois, wealth of history provided by Black culture; United States; Ralph Ellison, Medgar Evers, Aretha Frank- (2) recognizes the importance of Black His- (2) supports the goals and ideals of Career lin, Alex Haley, Dorothy Height, Jon Hen- tory Month as an opportunity to reflect on and Technical Education Month; dricks, Olivia Hooker, Lena Horne, Charles the complex history of the United States, (3) recognizes the importance of career and Hamilton Houston, Mahalia Jackson, Steph- while remaining hopeful and confident about technical education in preparing a well-edu- anie Tubbs Jones, B.B. King, Martin Luther the path ahead; cated and skilled workforce in the United King, Jr., Coretta Scott King, Thurgood (3) acknowledges the significance of Black States; and Marshall, Constance Baker Motley, Rosa History Month as an important opportunity

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.083 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1232 CONGRESSIONAL RECORD — SENATE February 27, 2020 to commemorate the tremendous contribu- of housing and employment law and civil by Congress on June 17, 1932, in recognition tions of African Americans to the history of rights protections; of the role of Disabled American Veterans as the United States; Whereas Judge Nathaniel Jones assisted the official voice of the wartime-disabled (4) encourages the celebration of Black the Republic of South Africa in drafting a veterans of the United States; History Month to provide a continuing op- new constitution following decades of apart- Whereas, in 2020, Disabled American Vet- portunity for all people in the United States heid rule and served as an official election erans celebrates 100 years of serving veterans to learn from the past and understand the monitor for the country’s first free and fair of the Armed Forces, their families, sur- experiences that have shaped the United election, which ushered in the presidency of vivors, and communities; States; and Nelson Mandela; Whereas Disabled American Veterans is (5) agrees that, while the United States Whereas Judge Nathaniel Jones received 19 the largest wartime veterans service organi- began as a divided country, the United honorary degrees and numerous awards of zation in the United States comprised exclu- States must— distinction, such as the Spingarn Medal, the sively of men and women who became dis- (A) honor the contribution of all pioneers highest honor awarded by the National Asso- abled while defending the United States, in the United States who have helped to en- ciation for the Advancement of Colored Peo- with approximately 1,000,000 service-disabled sure the legacy of the great United States; ple, the International Freedom Conductor veterans in its membership; and Award from the National Underground Rail- Whereas the National Headquarters of Dis- (B) move forward with purpose, united tire- road Freedom Center, the Charles Hamilton abled American Veterans is located in Ken- lessly as a nation ‘‘indivisible, with liberty Houston Medallion of Merit from the Wash- tucky, and the National Service and Legisla- and justice for all.’’. ington Bar Association, and the Pillar of tive Headquarters of Disabled American Vet- erans is located in Washington, D.C., and f Justice Award from the Federal Bar Associa- tion; Disabled American Veterans has 52 depart- SENATE RESOLUTION 517—HON- Whereas Judge Nathaniel Jones was in- ments and 1344 chapters located throughout ORING THE LIFE AND LEGACY ducted into the National Bar Association the United States; OF JUDGE NATHANIEL R. JONES Hall of Fame and the Ohio Civil Rights Hall Whereas, since its founding, Disabled American Veterans has served veterans of Mr. BROWN (for himself and Mr. of Fame, and, in 2014, the Nathaniel R. Jones American Inn of Court was chartered in the United States who have become wound- PORTMAN) submitted the following res- Youngstown, Ohio; ed, injured, or ill due to service in the Armed olution; which was considered and Whereas Judge Nathaniel Jones was an ini- Forces by advocating for the establishment agreed to: tiate of the Beta Pi Chapter of Kappa Alpha of the Department of Veterans Affairs and S. RES. 517 Psi Fraternity and was the 65th Laurel urging Congress to pass legislation to pro- Wreath Laureate of Kappa Alpha Psi Frater- vide benefits and services for service-dis- Whereas Judge Nathaniel Jones was born abled veterans; on May 13, 1926, in Youngstown, Ohio, and nity; Whereas, in 2003, Congress passed legisla- Whereas, in 1920, Disabled American Vet- died on January 26, 2020, at his home in Cin- erans began representing the interests of cinnati, Ohio, surrounded by family and tion to name the newly constructed Federal building in Youngstown, Ohio, the ‘‘Nathan- veterans and subsequently developed a pro- loved ones; fessional national service officer corps, iel R. Jones Federal Building and United Whereas Judge Nathaniel Jones served which has made Disabled American Veterans States Courthouse’’; honorably in the United States Army Air the preeminent provider of claims assistance Whereas, in 2019, the University of Cin- Corps during World War II; to injured and ill veterans of the United cinnati College of Law renamed its Center Whereas Judge Nathaniel Jones attended States, their families, and survivors; for Race, Gender, and Social Justice after Youngstown State University, where he Whereas Disabled American Veterans con- Judge Nathaniel R. Jones to signify its earned an undergraduate degree in 1951 and a tinues to provide direct onsite assistance to ‘‘commitment to and alignment with the law degree in 1955; injured and ill members of the Armed Forces principles of Judge Jones’ impressive career Whereas, in 1957, Judge Nathaniel Jones on active duty through 30 Transition Service as a champion for justice’’; was admitted to the Ohio Bar; Officers, who provide benefits counseling and Whereas, from 1956 to 1959, Judge Nathan- Whereas Judge Nathaniel Jones devoted assistance to separating members of the iel Jones served as the Executive Director his life to answering ‘‘the Call’’ for racial Armed Forces seeking to file initial claims for the Fair Employment Practices Commis- justice, first sounded by the National Asso- for benefits administered through the De- sion, where he led efforts to ensure equal ac- ciation for the Advancement of Colored Peo- partment of Veterans Affairs; cess to employment opportunities for Afri- ple in 1909, stating in his memoir, Whereas Disabled American Veterans co- can Americans; ‘‘[A]nswering calls for racial justice has not presents the National Disabled Veterans Whereas, in 1962, Judge Nathaniel Jones been confined to a specific time in the past Winter Sports Clinic and the National Dis- became the first African American to be ap- or the history of a particular organization, abled Veterans Training Exposure Experi- pointed as Assistant United States Attorney but has been defined by the imperatives that ence Tournament, has organized a nation- for the Northern District of Ohio; guided my life. As I enter the twilight of my wide transportation network providing free Whereas, in 1967, President Lyndon B. life, I offer this chronicle of the steps I have transportation to medical facilities of the Johnson appointed Judge Nathaniel Jones to taken in an effort to advance the baton of Department of Veterans Affairs for injured serve as the Assistant General Counsel for justice handed to me by forebears who were and ill veterans, operates an active Chari- the National Advisory Commission on Civil much more surefooted and fearless than me table Service Trust that funds the needs of Disorders, also known as the Kerner Com- in answering the Call.’’; local providers assisting at-risk local vet- mission, which found racism as the root Whereas Judge Nathaniel Jones inspired erans, maintains an active volunteer corps cause for the civil unrest that occurred in generations of lawyers who served as his law providing millions of hours of service to vet- the cities of the United States during the clerks, as well as the countless leaders who erans and communities, and created the 1960s and determined that the United States sought his wise counsel as they worked to Jesse Brown Memorial Youth Scholarship was ‘‘moving toward two societies, one address inequality in their communities; and Program to contribute to the lives of young black, one white—separate and unequal’’; Whereas Judge Nathaniel Jones will be re- people in the United States; Whereas Judge Nathaniel Jones served as membered for his dedication to upholding Whereas Disabled American Veterans has the General Counsel for the National Asso- the Constitution of the United States and as championed important initiatives for im- ciation for the Advancement of Colored Peo- a tireless advocate for justice: Now, there- proving the lives of all veterans, such as— ple from 1969 to 1979, directing efforts to de- fore, be it (1) the establishment of— segregate public schools in Northern cities, Resolved, That the Senate honors the life (A) a cabinet-level Department of Vet- defended affirmative action, and fought and legacy of Judge Nathaniel R. Jones and erans Affairs; against discrimination against African- his unwavering commitment to upholding (B) the United States Court of Appeals American soldiers in the United States justice and civil rights. for Veterans Claims; Armed Forces; f (C) a modernized appeals process for dis- Whereas, in 1979, President Jimmy Carter ability claims; SENATE RESOLUTION 518—HON- (D) an advance appropriation to ensure nominated and the Senate confirmed Judge ORING THE 100TH ANNIVERSARY adequate and timely funding for health Nathaniel Jones as a judge for the United care provided by the Department of Vet- States Court of Appeals for the Sixth Cir- OF DISABLED AMERICAN VET- ERANS erans Affairs; cuit, making him the 11th African American (E) benefits for family caregivers; and to serve as a Federal circuit court judge; Mr. MORAN (for himself and Mr. (F) the model for present-day Vet Cen- Whereas Judge Nathaniel Jones served on TESTER) submitted the following reso- ters; and the United States Court of Appeals for the lution; which was considered and (2) the elimination of the offset between Sixth Circuit until his retirement in 2002; military retired pay based on years of serv- Whereas Judge Nathaniel Jones was known agreed to: ice and veterans’ disability compensation; as the ‘‘great dissenter’’ because he was S. RES. 518 and often in the minority, siding with plaintiffs Whereas Disabled American Veterans was Whereas Disabled American Veterans con- seeking redress in the courts for violations founded on September 25, 1920, and chartered tinues to advocate and create awareness for

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.084 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1233 many issues affecting veterans of the United dation Facility in Fairmont, West Virginia, Whereas National Speech and Debate Edu- States, such as equitable benefits and serv- after a bipartisan bill authored by Senator cation Day emphasizes the importance of ices for women veterans, appropriate re- Shelley Moore Capito and Senator Joe speech and debate education and the integra- sources for mental health and suicide pre- Manchin to redesignate the facility was tion of speech and debate education across vention services, and benefits for all vet- signed into law in 2018; and grade levels and disciplines: Now, therefore, erans exposed to toxic substances: Now, Whereas, on February 24, 2020, Katherine be it therefore, be it Johnson passed away at 101 years of age: Resolved, That the Senate— Resolved, That the Senate— Now, therefore, be it (1) designates March 6, 2020, as ‘‘National (1) recognizes that, throughout 100 years of Resolved, That the Senate— Speech and Debate Education Day’’; service, Disabled American Veterans has (1) honors the life of Katherine Coleman (2) strongly affirms the purposes of Na- made significant contributions to veterans, Goble Johnson and her achievements as a tional Speech and Debate Education Day; both with and without disabilities, and the pioneer, physicist, mathematician, and cul- and communities of veterans, ‘‘fulfilling our tural icon; (3) encourages educational institutions, promises to the men and women who (2) extends its heartfelt sympathy to the businesses, community and civic associa- served’’; family of Katherine Coleman Goble Johnson; tions, and all people of the United States to (2) honors the vital and ongoing role Dis- (3) honors and, on behalf of the United celebrate and promote National Speech and abled American Veterans plays in supporting States, expresses deep appreciation for the Debate Education Day. the needs of veterans and their families in outstanding and important service of Kath- f the United States; and erine Coleman Goble Johnson to the United (3) commemorates the legacy of Disabled States; and SENATE RESOLUTION 521—DESIG- American Veterans in the provision of serv- (4) respectfully requests that the Secretary NATING THE WEEK OF FEB- ices and advocacy for veterans throughout of the Senate communicate this resolution RUARY 24 THROUGH FEBRUARY 100 years of history of the United States. to the House of Representatives and trans- 28, 2020, AS ‘‘PUBLIC SCHOOLS f mit an enrolled copy of this resolution to the WEEK’’ family of Katherine Coleman Goble Johnson. SENATE RESOLUTION 519—HON- f Ms. COLLINS (for herself, Mr. ORING THE LIFE AND ACHIEVE- TESTER, Mrs. CAPITO, Mr. REED, Mr. MENTS OF KATHERINE COLEMAN SENATE RESOLUTION 520—DESIG- BRAUN, Mr. CARPER, Mr. BOOZMAN, Mr. GOBLE JOHNSON NATING MARCH 6, 2020, AS ‘‘NA- KING, Mr. GRASSLEY, Mr. KAINE, Ms. TIONAL SPEECH AND DEBATE Mr. MANCHIN (for himself, Mrs. CAP- ERNST, Ms. BALDWIN, Mr. BROWN, Ms. EDUCATION DAY’’ ITO, Mr. WARNER, and Mr. KAINE) sub- WARREN, Mr. DURBIN, Mr. BOOKER, Mr. mitted the following resolution; which Mr. GRASSLEY (for himself, Mr. VAN HOLLEN, Ms. ROSEN, Ms. HASSAN, was considered and agreed to: COONS, Ms. ERNST, Ms. KLOBUCHAR, Mr. Mr. CARDIN, Ms. SMITH, Mrs. FEINSTEIN, S. RES. 519 CRAPO, Mr. DURBIN, Mr. BRAUN, Mr. Ms. CANTWELL, Mr. JONES, Mr. MUR- Whereas Katherine Coleman Goble John- KING, Ms. WARREN, and Mr. COTTON) PHY, Mr. CASEY, Mr. PETERS, Ms. KLO- son, an African-American physicist and submitted the following resolution; BUCHAR, Mr. BLUMENTHAL, Mr. BENNET, mathematician, was born on August 26, 1918, which was considered and agreed to: Mrs. SHAHEEN, Mr. WHITEHOUSE, Ms. in White Sulphur Springs, West Virginia; S. RES. 520 HIRONO, Ms. SINEMA, Mr. WYDEN, Mr. Whereas, in 1937, Katherine Johnson grad- Whereas it is essential for youth to learn MANCHIN, Mr. COONS, Mr. MERKLEY, uated from West Virginia State College, and practice the art of communicating with Mrs. MURRAY, Mr. MENENDEZ, Mr. doing so with highest honors at age 18; and without technology; SANDERS, Ms. DUCKWORTH, Mr. MAR- Whereas Katherine Johnson and 2 other Whereas speech and debate education of- KEY, Mr. WARNER, Ms. HARRIS, and Mrs. students were the first African Americans to fers students myriad forms of public speak- FISCHER) submitted the following reso- be admitted to graduate school at West Vir- ing through which students may develop tal- lution; which was considered and ginia University; ent and exercise unique voice and character; agreed to: Whereas, in 1953, Katherine Johnson began Whereas speech and debate education gives S. RES. 521 her career in aeronautics as a computer in students the 21st-century skills of commu- the segregated West Area Computing unit at nication, critical thinking, creativity, and Whereas public education is a significant the Langley Memorial Aeronautical Labora- collaboration; institution in a 21st-century democracy; tory of the National Advisory Committee for Whereas critical analysis and effective Whereas public schools in the United Aeronautics (NACA); communication allow important ideas, texts, States are where students come to be edu- Whereas, as a member of the Flight Re- and philosophies the opportunity to flourish; cated about the values and beliefs that hold search Division at NACA, Katherine Johnson Whereas personal, professional, and civic the individuals of the United States together analyzed data from flight tests; interactions are enhanced by the ability of as a nation; Whereas, after NACA was incorporated the participants in those interactions to lis- Whereas public schools prepare young indi- into the National Aeronautics and Space Ad- ten, concur, question, and dissent with rea- viduals of the United States to contribute to ministration (NASA), Katherine Johnson— son and compassion; the society, economy, and citizenry of the (1) calculated the trajectory for the Free- Whereas students who participate in country; dom 7 mission crewed by Alan Shepard in speech and debate have chosen a challenging Whereas 90 percent of children in the 1961, which was the first human spaceflight activity that requires regular practice, dedi- United States attend public schools; by an individual from the United States; cation, and hard work; Whereas Federal, State, and local law- (2) co-authored a report that provided the Whereas teachers and coaches of speech makers should— equations for describing orbital spaceflight (1) prioritize support for strengthening the with a specified landing point, which made and debate devote in-school, afterschool, and weekend hours to equip students with life- public schools of the United States; her the first woman to be recognized as an (2) empower superintendents, principals, changing skills and opportunities; author of a report from the Flight Research and other school leaders to implement, man- Division; Whereas National Speech and Debate Edu- age, and lead school districts and schools in (3) was asked to verify the calculations of cation Day emphasizes the lifelong impact of partnership with educators, parents, and the electronic computers at NASA that were providing people of the United States with other local education stakeholders; and used to calculate the orbit for the Friendship the confidence and preparation to both dis- (3) support services and programs that are 7 mission crewed by John Glenn; and cern and share views; critical to helping students engage in learn- (4) provided calculations for NASA Whereas National Speech and Debate Edu- ing, including counseling, extracurricular throughout her career, including for the cation Day acknowledges that most achieve- activities, and mental health supports; Apollo missions; ments, celebrations, commemorations, and Whereas public schools should foster inclu- Whereas Katherine Johnson broke the bar- pivotal moments in modern history begin, sive, safe, and high-quality environments in riers of race and gender by completing end, or are crystallized with public address; which children can learn to think critically, groundbreaking work at NASA; Whereas National Speech and Debate Edu- problem solve, and build relationships; Whereas, in 1986, Katherine Johnson re- cation Day recognizes that learning to re- Whereas public schools should provide en- tired from NASA; search, construct, and present an argument vironments in which all students have the Whereas, in 2015, Katherine Johnson re- is integral to personal advocacy, social opportunity to succeed beginning in their ceived the Presidential Medal of Freedom movements, and the making of public policy; earliest years, regardless of who a student is from President Barack Obama at age 97; Whereas the National Speech & Debate As- or where a student lives; Whereas, in 2017, NASA dedicated a build- sociation, in conjunction with national and Whereas Congress should support— ing in honor of Katherine Johnson at Lang- local partners, honors and celebrates the im- (1) efforts to advance equal opportunity ley Research Center in Hampton, Virginia; portance of speech and debate through Na- and excellence in public education; Whereas NASA dedicated the Katherine tional Speech and Debate Education Day; (2) efforts to implement evidence-based Johnson Independent Verification and Vali- and practices in public education; and

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.086 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1234 CONGRESSIONAL RECORD — SENATE February 27, 2020 (3) continuous improvements to public edu- Whereas Petros Mavromichalis, the former Whereas those efforts and similar ideals cation; Commander in Chief of Greece and a founder have forged a close bond between the peoples Whereas every child should— of the modern Greek state, said to the citi- of Greece and the United States; and (1) receive an education that helps the zens of the United States in 1821, ‘‘It is in Whereas it is proper and desirable for the child reach the full potential of the child; your land that liberty has fixed her abode United States to celebrate March 25, 2020, and and . . . in imitating you, we shall imitate Greek Independence Day, with the people of (2) attend a school that offers a high-qual- our ancestors and be thought worthy of them Greece and to reaffirm the democratic prin- ity educational experience; if we succeed in resembling you.’’; ciples from which those two great countries Whereas Federal funding, in addition to Whereas the Greek national anthem, the were founded: Now, therefore, be it State and local funds, supports the access of ‘‘Hymn to Liberty’’, includes the words, Resolved, That the Senate— students to inviting classrooms, well-pre- ‘‘most heartily was gladdened George Wash- (1) extends warm congratulations and best pared educators, and services to support ington’s brave land’’; wishes to the people of Greece as they cele- healthy students, including nutrition and Whereas the people of the United States brate the 199th anniversary of the independ- afterschool programs; generously offered humanitarian assistance ence of Greece; Whereas teachers, paraprofessionals, and (2) expresses support for the principles of principals should provide students with a to the people of Greece during their struggle for independence; democratic governance to which the people well-rounded education and strive to create of Greece are committed; and joy in learning; Whereas Greece heroically resisted Axis forces at a crucial moment in World War II, (3) notes the important role that Greece Whereas superintendents, principals, other has played in the wider European region and school leaders, teachers, paraprofessionals, forcing Adolf Hitler to change his timeline and delaying the attack on Russia; in the community of nations since gaining and parents make public schools vital com- its independence 199 years ago. ponents of communities and are working Whereas Winston Churchill said that ‘‘if f hard to improve educational outcomes for there had not been the virtue and courage of children across the country; and the Greeks, we do not know which the out- SENATE CONCURRENT RESOLU- Whereas the week of February 24 through come of World War II would have been’’ and TION 37—HONORING THE LIFE February 28, 2020, is an appropriate period to ‘‘no longer will we say that Greeks fight like heroes, but that heroes fight like Greeks’’; AND WORK OF LOUIS LORENZO designate as ‘‘Public Schools Week’’: Now, REDDING, WHOSE LIFELONG therefore, be it Whereas hundreds of thousands of the peo- Resolved, That the Senate designates the ple of Greece were killed during World War DEDICATION TO CIVIL RIGHTS week of February 24 through February 28, II; AND SERVICE STAND AS AN EX- 2020, as ‘‘Public Schools Week’’. Whereas Greece consistently allied with AMPLE OF LEADERSHIP FOR f the United States in major international ALL PEOPLE conflicts throughout its history as a modern SENATE RESOLUTION 522—ELECT- state; Mr. COONS (for himself, Mr. RUBIO, ING ROBERT M. DUNCAN, OF THE Whereas the United States and Greece re- and Mr. CARPER) submitted the fol- DISTRICT OF COLUMBIA, AS SEC- inforced their commitment to security co- lowing concurrent resolution; which RETARY FOR THE MAJORITY OF operation by signing an updated Mutual De- was referred to the Committee on the THE SENATE fense Cooperation Agreement on October 5, Judiciary: 2019, that will expand defense ties between S. CON. RES. 37 Mr. MCCONNELL submitted the fol- the two countries and promote stability in lowing resolution; which was consid- the region; Whereas Louis Lorenzo Redding (referred ered and agreed to: Whereas the Foreign Minister of Greece, to in this preamble as ‘‘Louis L. Redding’’) was born on October 25, 1901, in Alexandria, Nikos Dendias, hosted Secretary of State Mi- S. RES. 522 Virginia, the eldest of 5 children born to chael Pompeo in the second United States- Resolved, That Robert M. Duncan of the Lewis Alfred and Mary Ann Holmes Redding; Greece Strategic Dialogue on October 7, 2019, District of Columbia be, and he is hereby, Whereas Louis L. Redding was an educator, which underscored Greece’s importance to elected Secretary for the Majority of the attorney, and lifelong activist who worked the United States as a pillar of stability in Senate. on civil rights and educational issues; the Eastern Mediterranean and Balkans and f Whereas Louis L. Redding graduated from as an important NATO ally; Howard High School in 1919, which, at that Whereas Greece is a strategic partner and SENATE RESOLUTION 523—RECOG- time, was the only public high school for Af- ally of the United States in bringing polit- NIZING THE 199TH ANNIVERSARY rican-American students in Delaware; ical stability and economic development to OF THE INDEPENDENCE OF Whereas Louis L. Redding received a bach- GREECE AND CELEBRATING DE- the Balkan region, having invested billions elor’s degree from Brown University in 1923; MOCRACY IN GREECE AND THE of dollars in the countries of the region and Whereas, while at Brown University, Louis having contributed more than $750,000,000 in UNITED STATES L. Redding and 7 other men established a development aid for the region; chapter of the Alpha Phi Alpha fraternity in Mr. MENENDEZ (for himself, Mr. Whereas the Government and people of Providence, Rhode Island; BARRASSO, Mr. SCHUMER, Mr. JOHNSON, Greece actively participate in peacekeeping Whereas, in 1923, Louis L. Redding was the Mr. DURBIN, Mr. TILLIS, Mr. MURPHY, and peace-building operations conducted by first African American awarded the pres- Mr. TOOMEY, Ms. HASSAN, Mr. RUBIO, international organizations, including the tigious William Gaston Prize for excellence United Nations, the North Atlantic Treaty Mr. WHITEHOUSE, Mr. ENZI, Mr. in oratory and, as a result, delivered a com- Organization, the European Union, and the BLUMENTHAL, Mr. BRAUN, Mr. WYDEN, mencement speech at Brown University; Organization for Security and Co-operation Ms. MCSALLY, Mr. CARDIN, Mr. GARD- Whereas Louis L. Redding became an in Europe; English instructor and the vice principal of NER, Mr. CASEY, Mr. BOOZMAN, Mr. VAN Whereas Greece remains an integral part of Fessenden Academy outside of Ocala, Flor- HOLLEN, Mr. PERDUE, Ms. STABENOW, the European Union; ida, the oldest continuously operated school Mr. CRUZ, Mrs. SHAHEEN, Mr. YOUNG, Whereas the United States has dem- originally for African-American students in Mr. PETERS, Mr. SCOTT of Florida, Mr. onstrated its support for the trilateral part- Florida; REED, Mr. BENNET, Mr. BROWN, Mrs. nership of Greece, Israel, and Cyprus by en- Whereas Louis L. Redding left Fessenden GILLIBRAND, Mr. COONS, Mr. BOOKER, acting into law the Eastern Mediterranean Academy to teach English in the high school Security and Energy Partnership Act of 2019 and Mr. CARPER) submitted the fol- division of Morehouse College, a historically lowing resolution; which was referred (title II of division J of Public Law 116–94) Black college in Atlanta, Georgia; and through the participation of Secretary to the Committee on Foreign Rela- Whereas, after 2 years of teaching, Louis L. Pompeo in the ‘‘3+1’’ Summit with Greece, Redding enrolled in Harvard Law School in tions: Israel, Cyprus, and the United States on 1925; S. RES. 523 March 20, 2019; Whereas, in 1926, as a law student at Har- Whereas the people of ancient Greece de- Whereas Greece received worldwide praise vard Law School, Louis L. Redding was veloped the concept of democracy, in which for its extraordinary handling during the ejected from the Wilmington, Delaware, mu- the supreme power to govern was vested in 2004 Olympic Games of more than 14,000 ath- nicipal court while protesting segregation of the people; letes and more than 2,000,000 spectators and the courtroom; Whereas the founding fathers of the United journalists, a feat the Government and peo- Whereas that municipal court was the first States, many of whom read Greek political ple of Greece handled efficiently, securely, court in Wilmington, Delaware, to deseg- philosophy in the original Greek language, and with hospitality; regate its gallery; drew heavily on the political experience and Whereas the Governments and people of Whereas Louis L. Redding graduated from philosophy of ancient Greece in forming the Greece and the United States are at the fore- Harvard Law School in 1928 as the only Afri- representative democracy of the United front of efforts to advance freedom, democ- can American in a class of about 200 stu- States; racy, peace, stability, and human rights; dents;

VerDate Sep 11 2014 04:33 Feb 28, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A27FE6.089 S27FEPT1 SSpencer on DSKBBXCHB2PROD with SENATE February 27, 2020 CONGRESSIONAL RECORD — SENATE S1235 Whereas, in 1929, Louis L. Redding became Whereas, in 1984, Louis L. Redding retired The PRESIDING OFFICER. Without the first African American to pass the Dela- after 55 years of practicing law; objection, it is so ordered. ware bar; Whereas Louis L. Redding was a member of Whereas Louis L. Redding remained the many national organizations, including— f only African-American lawyer in Delaware (1) the National Bar Association; for 26 years; (2) the National Association for the Ad- MEMORIALIZING THE DISCOVERY Whereas, in 1949, Louis L. Redding was ad- vancement of Colored People; OF THE ‘‘CLOTILDA’’ mitted to the Delaware Bar Association, an (3) the National Lawyers Guild; and organization from which Louis L. Redding (4) the Emergency Civil Liberties Com- Mr. MCCONNELL. Mr. President, I had been excluded for 20 years after having mittee; ask unanimous consent that the Com- passed the Delaware bar; Whereas Louis L. Redding was awarded the mittee on Energy and Natural Re- Whereas, in 1950, Louis L. Redding and Martin Luther King, Jr. Memorial Award by sources be discharged from further con- Jack Greenberg, a lawyer for the NAACP the National Education Association and an sideration of S. Res. 315 and the Senate Legal Defense and Educational Fund, filed honorary Doctor of Law degree from Brown proceed to its immediate consider- the case of Parker v. University of Delaware University; ation. to protest the segregated college system in Whereas the University of Delaware estab- Delaware; lished the Louis L. Redding Chair for the The PRESIDING OFFICER. Without Whereas, in August 1950, Chancellor Collins Study of Law and Public Policy in the objection, it is so ordered. Seitz ruled in Parker v. University of Dela- School of Education; The clerk will report the resolution ware, 75 A.2d 225 (Del. Ch. 1950), that, under Whereas Pulitzer Prize winning author by title. Plessy v. Ferguson, 163 U.S. 537 (1896), the Richard Kluger described Louis L. Redding The senior assistant legislative clerk State of Delaware violated the Constitution as a man who fought, largely alone, for the read as follows: of the United States by offering a separate civil rights and liberties of Black Dela- A resolution (S. Res. 315) memorializing but not equal education in the State college wareans; the discovery of the Clotilda. and university system; Whereas former Secretary of Transpor- Whereas, in 1951, Louis L. Redding and tation William T. Coleman, Jr., stated that There being no objection, the com- Jack Greenberg filed— the giants of the civil rights movement were mittee was discharged, and the Senate (1) Belton v. Gebhart, a case that con- Houston Hastings, Louis L. Redding, and proceeded to consider the resolution. cerned the desegregation of high schools; and Thurgood Marshall; (2) Bulah v. Gebhart, a case that concerned Mr. MCCONNELL. Mr. President, I Whereas, on September 29, 1998, Louis L. further ask unanimous consent that the desegregation of elementary schools; Redding died at the age of 96 in Lima, Penn- Whereas, in 1952, the Belton and Bulah the resolution be agreed to, the pre- sylvania; cases were consolidated in the Delaware Whereas Louis L. Redding broke down bar- amble be agreed to, and the motion to Court of Chancery, where, in Belton v. riers and paved the way for countless Afri- reconsider be considered made and laid Gebhart, 87 A.2d 862 (Del. Ch. 1952), Chan- can-American lawyers to follow in his foot- upon the table with no intervening ac- cellor Collins Seitz ordered the Delaware steps, including— tion or debate. State Board of Education to open all schools (1) Theophilus Nix, Sr., the second African in Delaware to African Americans; The PRESIDING OFFICER. Without American to pass the Delaware bar exam; Whereas the Delaware State Board of Edu- objection, it is so ordered. (2) Joshua W. Martin III, the first African- cation appealed the decision of Chancellor The resolution (S. Res. 315) was American president of the Delaware Bar As- Collins Seitz to the Supreme Court of Dela- sociation; agreed to. ware, which upheld the decision of the Chan- (3) Frank H. Hollis, the first African-Amer- The preamble was agreed to. cellor in Gebhart v. Belton, 91 A.2d 137 (Del. ican attorney to represent corporate clients (The resolution, with its preamble, is 1952); in Delaware; printed in the RECORD of September 17, Whereas the case then came before the Su- (4) Paulette Sullivan Moore, the first Afri- preme Court of the United States on a writ 2019, under ‘‘Submitted Resolutions.’’) can-American woman to pass the Delaware of certiorari to the Supreme Court of Dela- bar exam; f ware; (5) Leonard L. Williams, the second Afri- Whereas Louis L. Redding and Jack Green- can-American judge in Delaware; NATIONAL STALKING AWARENESS berg argued the case alongside Thurgood (6) Haile L. Alford, the first African-Amer- MONTH Marshall, the first African-American Justice ican female judge in Delaware; of the Supreme Court of the United States, (7) Arlene Coppadge, the first African- Mr. MCCONNELL. Mr. President, I as the last of a group of 5 school desegrega- American female judge appointed to the ask unanimous consent that the Com- tion cases heard and decided by the Supreme Delaware Family Court; mittee on the Judiciary be discharged Court of the United States in Brown v. Board (8) Gregory M. Sleet, the first African from further consideration of S. Res. of Education of Topeka, 347 U.S. 483 (1954), American to be appointed as the United 480, and the Senate proceed to its im- and Bolling v. Sharpe, 347 U.S. 497 (1954); States Attorney for the District of Delaware Whereas, on May 17, 1954, the Supreme mediate consideration. and the first African-American judge to The PRESIDING OFFICER. The Court of the United States held in Brown v. serve on the United States District Court for Board of Education of Topeka, 347 U.S. 483 the District of Delaware; clerk will report the resolution by (1954), that separate educational facilities for (9) Alex J. Smalls, the first African-Amer- title. racial minorities violated the Equal Protec- ican chief judge of the Delaware Court of The senior assistant legislative clerk tion Clause of the 14th Amendment to the Common Pleas; and read as follows: Constitution of the United States, thus hold- (10) Tamika Montgomery-Reeves, the first A resolution (S. Res. 480) raising awareness ing that school segregation was unconstitu- African-American Vice Chancellor of the and encouraging the prevention of stalking tional; Delaware Court of Chancery and the first Af- by designating January 2020 as ‘‘National Whereas, on February 21, 1961, Louis L. rican-American justice to serve on the Su- Stalking Awareness Month’’. Redding argued to the Supreme Court of the preme Court of Delaware; and United States in the case of Burton v. Wil- Whereas Louis L. Redding is remembered There being no objection, the com- mington Parking Authority that a private as an individual who figured prominently in mittee was discharged and the Senate company with a relationship to a govern- the struggle for desegregation and as a law- proceeded to consider the resolution. ment agency was in violation of the Equal yer who never lost a desegregation case: Mr. MCCONNELL. I further ask Protection Clause of the 14th Amendment to Now, therefore, be it unanimous consent that the resolution the Constitution of the United States if the Resolved by the Senate (the House of Rep- be agreed to, the preamble be agreed private company refused to provide service resentatives concurring), That Congress hon- to, and the motions to reconsider be to a customer on the basis of race; ors the life and work of Louis Lorenzo Red- Whereas, in April 1961, the Supreme Court ding, a civil servant whose lifelong dedica- considered made and laid upon the of the United States established the prin- tion to justice and equality stand as an out- table with no intervening action or de- ciple of State action in Burton v. Wil- standing example of leadership for all people. bate. mington Parking Authority, 365 U.S. 715 f The PRESIDING OFFICER. Without (1961), and ruled that a private entity may objection, it is so ordered. not discriminate on the basis of race if the PRIVILEGES OF THE FLOOR The resolution (S. Res. 480) was State has approved, encouraged, or facili- Mr. SULLIVAN. Mr. President, I ask agreed to. tated the relevant private conduct; Whereas, in 1965, Louis L. Redding became unanimous consent that Michael Rob- The preamble was agreed to. a public defender for the State of Delaware erts, a Coast Guard fellow in my office, (The resolution, with its preamble, is and fought for the rights of poor clients for be granted floor privileges for the re- printed in the RECORD of January 21, nearly 20 years thereafter; mainder of the Congress. 2020 under ‘‘Submitted Resolutions.’’)

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AMBASSADOR DURING HER TENURE OF SERVICE, VICE RESOLUTIONS SUBMITTED TODAY ELECTING ROBERT M. DUNCAN, OF SEAN P. LAWLER, RESIGNED. Mr. MCCONNELL. Mr. President, I THE DISTRICT OF COLUMBIA, AS WILLIAM E. TODD, OF VIRGINIA, A CAREER MEMBER OF SECRETARY FOR THE MAJORITY THE SENIOR EXECUTIVE SERVICE, TO BE AMBASSADOR ask unanimous consent that the Sen- EXTRAORDINARY AND PLENIPOTENTIARY OF THE OF THE SENATE UNITED STATES OF AMERICA TO THE ISLAMIC REPUBLIC ate now proceed to the en bloc consid- OF PAKISTAN. eration of the following Senate resolu- Mr. MCCONNELL. Mr. President, I THE JUDICIARY tions, which were submitted earlier ask unanimous consent that the Sen- JOHN PETER CRONAN, OF NEW YORK, TO BE UNITED today: S. Res. 512, S. Res. 513, S. Res. ate proceed to the consideration of S. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT 514, S. Res. 515, S. Res. 516, S. Res. 517, Res. 522, submitted earlier today. OF NEW YORK, VICE WILLIAM H. PAULEY III, RETIRED. S. Res. 518, S. Res. 519, S. Res. 520, and The PRESIDING OFFICER. The FEDERAL ELECTION COMMISSION S. Res. 521. clerk will report the resolution by JAMES E. TRAINOR III, OF TEXAS, TO BE A MEMBER OF THE FEDERAL ELECTION COMMISSION FOR A TERM EX- There being no objection, the Senate title. PIRING APRIL 30, 2023, VICE MATTHEW S. PETERSEN, proceeded to consider the resolutions The senior assistant legislative clerk TERM EXPIRED. en bloc. read as follows: f Mr. MCCONNELL. I know of no fur- A resolution (S. Res. 522) electing Robert CONFIRMATIONS ther debate on the resolutions. M. Duncan, of the District of Columbia, as Executive nominations confirmed by The PRESIDING OFFICER. If there Secretary for the Majority of the Senate. the Senate February 27, 2020: is no further debate, the question is on There being no objection, the Senate UNITED STATES TAX COURT adoption of the resolutions en bloc. proceeded to consider the resolution. TRAVIS GREAVES, OF THE DISTRICT OF COLUMBIA, TO The resolutions were agreed to en Mr. MCCONNELL. I ask unanimous BE A JUDGE OF THE UNITED STATES TAX COURT FOR A bloc. consent that the resolution be agreed TERM OF FIFTEEN YEARS. Mr. MCCONNELL. I ask unanimous to and the motion to reconsider be con- IN THE AIR FORCE consent that the preambles be agreed sidered made and laid upon the table THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE to and that the motions to reconsider UNITED STATES OFFICERS FOR APPOINTMENT IN THE with no intervening action or debate. RESERVE OF THE AIR FORCE TO THE GRADE INDICATED be considered made and laid upon the The PRESIDING OFFICER. Without UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: table, all en bloc. objection, it is so ordered. To be brigadier general The PRESIDING OFFICER. Without The resolution (S. Res. 522) was COL. JOSEPH R. HARRIS II objection, it is so ordered. agreed to. COL. GENT WELSH, JR. The preambles were agreed to en THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE (The resolution is printed in today’s UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- bloc. RECORD under ‘‘Submitted Resolu- SERVE OF THE AIR FORCE TO THE GRADE INDICATED (The resolutions, with their pre- tions.’’) UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ambles, are printed in today’s RECORD To be major general f under ‘‘Submitted Resolutions.’’) BRIG. GEN. BILLY M. NABORS ORDERS FOR MONDAY, MARCH 2, THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT IN THE f 2020 RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: Mr. MCCONNELL. Mr. President, I To be brigadier general SECURE AND TRUSTED COMMU- ask unanimous consent that when the COL. ANNMARIE K. ANTHONY NICATIONS NETWORKS ACT OF Senate completes its business today, it COL. TAFT O. AUJERO 2019 adjourn until 3 p.m., Monday, March 2; COL. DOUGLAS B. BAKER COL. ROBERT D. BOWIE Mr. MCCONNELL. Mr. President, I further, that following the prayer and COL. BARBRA S. BULS pledge, the morning hour be deemed COL. DONALD K. CARPENTER ask unanimous consent that the Sen- COL. KONATA A. CRUMBLY ate proceed to the immediate consider- expired, the Journal of proceedings be COL. JOHAN A. DEUTSCHER approved to date, the time for the two COL. PATRICK W. DONALDSON ation of H.R. 4998, which was received COL. BRADFORD R. EVERMAN from the House. leaders be reserved for their use later COL. VIRGINIA I. GAGLIO in the day, and morning business be COL. CAESAR R. GARDUNO The PRESIDING OFFICER. The COL. PATRICK M. HANLON clerk will report the bill by title. closed; further, that following leader COL. ROBERT E. HARGENS remarks, the Senate resume consider- COL. JEFFREY L. HEDGES The senior assistant legislative clerk COL. SAMUEL C. KEENER read as follows: ation of the motion to proceed to S. COL. ROBERT I. KINNEY 2657; finally, that notwithstanding the COL. JERRY P. REEDY A bill (H.R. 4998) to prohibit certain Fed- COL. BRYAN E. SALMON eral subsidies from being used to purchase provisions of rule XXII, the cloture mo- COL. TAMALA A. SAYLOR tion filed during today’s session ripen COL. JAMES S. SHIGEKANE communications equipment or services pos- COL. KIMBRA L. STERR ing national security risks, to provide for at 5:30 p.m., Monday. COL. MICHAEL A. VALLE the establishment of a reimbursement pro- The PRESIDING OFFICER. Without COL. BRIAN E. VAUGHN gram for the replacement of communications objection, it is so ordered. THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE equipment or services posing such risks, and UNITED STATES OFFICERS FOR APPOINTMENT IN THE f RESERVE OF THE AIR FORCE TO THE GRADE INDICATED for other purposes. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: There being no objection, the Senate ADJOURNMENT UNTIL MONDAY, To be brigadier general proceeded to consider the bill. MARCH 2, 2020, AT 3 P.M. COL. DANN S. CARLSON Mr. MCCONNELL. I ask unanimous COL. SHAWN M. COCO Mr. MCCONNELL. Mr. President, if COL. STEVEN E. CONEY consent that the bill be considered read there is no further business to come be- COL. PATRICK E. DECONCINI a third time. COL. PAUL E. FRANZ fore the Senate, I ask unanimous con- COL. JOHN F. HALL The PRESIDING OFFICER. Without sent that it stand adjourned under the COL. KENNETH M. HALTOM objection, it is so ordered. COL. CHRIS J. IODER previous order. COL. ROBERT A. KING The bill was ordered to a third read- There being no objection, the Senate, COL. MICHAEL J. LOVELL ing and was read the third time. COL. SUE ELLEN SCHUERMAN at 3:49 p.m., adjourned until Monday, COL. CHRISTOPHER J. SHEPPARD Mr. MCCONNELL. I know of no fur- March 2, 2020, at 3 p.m. COL. CHARLES A. SHURLOW ther debate on the bill. COL. LISA K. SNYDER f THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE The PRESIDING OFFICER. If there UNITED STATES OFFICERS FOR APPOINTMENT IN THE is no further debate and the bill having NOMINATIONS RESERVE OF THE AIR FORCE TO THE GRADE INDICATED been read the third time, the question UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: is, Shall the bill pass? Executive nominations received by To be major general the Senate: BRIG. GEN. STEVEN J. DEMILLIANO The bill (H.R. 4998) was passed. BRIG. GEN. DAVID J. MEYER DEPARTMENT OF TRANSPORTATION Mr. MCCONNELL. I ask unanimous BRIG. GEN. RUSSELL L. PONDER consent that the motion to reconsider DIANA FURCHTGOTT–ROTH, OF MARYLAND, TO BE AN THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ASSISTANT SECRETARY OF TRANSPORTATION. (NEW PO- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- be considered made and laid upon the SITION) SERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: table. DEPARTMENT OF STATE The PRESIDING OFFICER. Without To be major general KATHERINE CAMILLE HENDERSON, OF TENNESSEE, TO objection, it is so ordered. BE CHIEF OF PROTOCOL , AND TO HAVE THE RANK OF BRIG. GEN. ANDREW J. MACDONALD

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THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE UNITED STATES OFFICERS FOR APPOINTMENT IN THE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY AND APPEARED IN THE CONGRESSIONAL RECORD ON RESERVE OF THE AIR FORCE TO THE GRADE INDICATED 4, 2020. FEBRUARY 4, 2020. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: AIR FORCE NOMINATIONS BEGINNING WITH DANIEL J. ARMY NOMINATION OF SHAUN P. MILLER, TO BE COLO- To be major general ADAMS AND ENDING WITH ZACHARY E. WRIGHT, JR., NEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF KRISTA H. CLARKE, TO BE BRIG. GEN. TODD M. AUDET AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJOR. BRIG. GEN. KIMBERLY A. BAUMANN FEBRUARY 4, 2020. ARMY NOMINATION OF PETER K. MARLIN, TO BE COLO- BRIG. GEN. FLOYD W. DUNSTAN AIR FORCE NOMINATIONS BEGINNING WITH JENNIFER NEL. BRIG. GEN. RANDAL K. EFFERSON R. BEIN AND ENDING WITH ANGELA K. STANTON, WHICH ARMY NOMINATION OF ANGELA I. IYANOBOR, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. LAURIE M. FARRIS MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIG. GEN. JAMES R. KRIESEL ARMY NOMINATION OF JOHN J. LANDERS, TO BE LIEU- 4, 2020. BRIG. GEN. WILLIAM P. ROBERTSON TENANT COLONEL. AIR FORCE NOMINATIONS BEGINNING WITH WESLEY M. BRIG. GEN. JAMES R. STEVENSON, JR. ARMY NOMINATION OF DAVID P. FROMMER, TO BE ABADIE AND ENDING WITH SCOTT A. ZAKALUZNY, WHICH BRIG. GEN. CHARLES M. WALKER MAJOR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. DAVID A. WEISHAAR PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY BRIG. GEN. GREGORY T. WHITE 4, 2020. IN THE MARINE CORPS THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE AIR FORCE NOMINATIONS BEGINNING WITH LIOR MARINE CORPS NOMINATION OF MARIO A. ORTEGA, TO UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ALJADEFF AND ENDING WITH HYUN J. YOON, WHICH BE LIEUTENANT COLONEL. SERVE OF THE AIR FORCE TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATION OF KEITH A. STEVENSON, UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TO BE MAJOR. 4, 2020. MARINE CORPS NOMINATIONS BEGINNING WITH JO- To be major general AIR FORCE NOMINATIONS BEGINNING WITH JASON K. SEPH P. BALL AND ENDING WITH RAMON F. VASQUEZ, BRIG. GEN. CHRISTOPHER E. FINERTY ADAMS AND ENDING WITH DANIELLE N. ZIEHL, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY AND APPEARED IN THE CONGRESSIONAL RECORD ON UNITED STATES OFFICERS FOR APPOINTMENT IN THE 4, 2020. FEBRUARY 4, 2020. RESERVE OF THE AIR FORCE TO THE GRADE INDICATED AIR FORCE NOMINATIONS BEGINNING WITH VICTORIA MARINE CORPS NOMINATIONS BEGINNING WITH DON- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: M. AGLEWILSON AND ENDING WITH DEBORAH L. WILLIS, ALD K. BROWN AND ENDING WITH KEITH R. WILKINSON, To be major general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. JOSEPH B. WILSON FEBRUARY 4, 2020. FEBRUARY 4, 2020. AIR FORCE NOMINATIONS BEGINNING WITH JUNELENE MARINE CORPS NOMINATIONS BEGINNING WITH CHRIS- IN THE ARMY M. BUNGAY AND ENDING WITH ALEXANDRA L. MCCRARY– TINA L. HUDSON AND ENDING WITH BRENT J. PATTER- THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DENNIS, WHICH NOMINATIONS WERE RECEIVED BY THE SON, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- THE UNITED STATES OFFICER FOR APPOINTMENT IN SENATE AND APPEARED IN THE CONGRESSIONAL ATE AND APPEARED IN THE CONGRESSIONAL RECORD THE RESERVE OF THE ARMY TO THE GRADE INDICATED RECORD ON FEBRUARY 4, 2020 . ON FEBRUARY 4, 2020. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: AIR FORCE NOMINATION OF CHRISTOPHER J. NASTAL, MARINE CORPS NOMINATIONS BEGINNING WITH JAMES TO BE LIEUTENANT COLONEL. M. SHIPMAN AND ENDING WITH PHILIP S. SPENCER, To be brigadier general AIR FORCE NOMINATION OF ALEXANDER KHUTORYAN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. RONALD F. TAYLOR AIR FORCE NOMINATION OF DANIEL S. KIM, TO BE FEBRUARY 4, 2020. IN THE MARINE CORPS MAJOR. MARINE CORPS NOMINATION OF CHRISTOPHER L. KAI- AIR FORCE NOMINATION OF MARILYN L. SMITH, TO BE SER, TO BE MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. MARINE CORPS NOMINATIONS BEGINNING WITH PETER IN THE UNITED STATES MARINE CORPS RESERVE TO THE IN THE ARMY T. GRAHAM AND ENDING WITH TRAVIS W. STORIE, WHICH GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general ARMY NOMINATION OF ZACHARY J. CONLY, TO BE LIEU- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TENANT COLONEL. 4, 2020. BRIG. GEN. MICHAEL S. MARTIN ARMY NOMINATION OF AUDREY J. DEAN, TO BE MAJOR. MARINE CORPS NOMINATIONS BEGINNING WITH DAN- ARMY NOMINATION OF MICHAEL W. BRANCAMP, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IEL E. FUSON AND ENDING WITH JESUS T. RODRIGUEZ, COLONEL. IN THE UNITED STATES MARINE CORPS RESERVE TO THE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF TRACY J. BROWN, TO BE MAJOR. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF KENNETH A. WIEDER, TO BE FEBRUARY 4, 2020. To be brigadier general MAJOR. ARMY NOMINATION OF CHONG K. YI, TO BE LIEUTEN- IN THE NAVY COL. DOUGLAS K. CLARK ANT COLONEL. COL. JOHN F. KELLIHER III ARMY NOMINATIONS BEGINNING WITH JOHN C. BENSON NAVY NOMINATION OF COLIN R. YOUNG, TO BE LIEU- IN THE AIR FORCE AND ENDING WITH SEAN M. VIEIRA, WHICH NOMINA- TENANT COMMANDER. TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATION OF CATHERINE M. DICKINSON, TO AIR FORCE NOMINATIONS BEGINNING WITH JOSHUA E. IN THE CONGRESSIONAL RECORD ON FEBRUARY 4, 2020. BE LIEUTENANT COMMANDER. ERLANDSEN AND ENDING WITH TOSHA M. VANN, WHICH ARMY NOMINATION OF ROSS C. PUFFER, TO BE MAJOR. NAVY NOMINATION OF DONALD A. SINITIERE, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF AMANDA G. LUSCHINSKI, TO BE COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY MAJOR. NAVY NOMINATIONS BEGINNING WITH STEPHEN W. AL- 4, 2020. ARMY NOMINATION OF JUNE E. OSAVIO, TO BE MAJOR. DRIDGE AND ENDING WITH GREGORY C. WILLIAMS, AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW ARMY NOMINATIONS BEGINNING WITH YASMIN J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE G. ADKINS AND ENDING WITH CATHERINE M. WARE, ALTER AND ENDING WITH DEBBY L. POLOZECK, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FEBRUARY 4, 2020. AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY NAVY NOMINATION OF PAUL J. KAYLOR, TO BE CAP- FEBRUARY 4, 2020. 4, 2020. TAIN. AIR FORCE NOMINATIONS BEGINNING WITH JENARA L. ARMY NOMINATIONS BEGINNING WITH OTHA J. NAVY NOMINATION OF ANDREW S. JACKSON, TO BE ALLEN AND ENDING WITH SARAH M. WHEELER, WHICH HOLMES AND ENDING WITH JONATHAN W. MURPHY, LIEUTENANT COMMANDER.

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