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

Vol. 163 WASHINGTON, THURSDAY, NOVEMBER 2, 2017 No. 178 Senate The Senate met at 9:30 a.m. and was firming President Trump’s outstanding GARDNER. When he introduced his called to order by the President pro nominations to the Federal courts. Al- former professor before the Judiciary tempore (Mr. HATCH). ready this week, we have confirmed Committee, Senator GARDNER noted f two strong, smart, and talented women how much she cared about ‘‘robust de- to serve on our Nation’s circuit courts. bates and hearing the views of others.’’ PRAYER Today we will consider two more well- ‘‘Justice Eid,’’ he said, ‘‘was open to The Chaplain, Dr. Barry C. Black, of- qualified nominees: Allison Eid and their views, engaging with them, and fered the following prayer: Stephanos Bibas. [was] never biased against different Let us pray. First, we will confirm Allison Eid, perspectives.’’ Eternal King, You are great and mar- whom the President has nominated to Later, Justice Eid was appointed to velous. Without Your wondrous deeds, serve on the U.S. Court of Appeals for serve as Colorado’s solicitor general our lawmakers, our Nation, and our the Tenth Circuit. Justice Eid has big and, in 2006, to the Colorado Supreme planet could not survive. Lord, let the shoes to fill in taking that seat—it be- Court. Two years later, 75 percent of nations You have made acknowledge came vacant when Neil Gorsuch as- Coloradans voted to retain her. Her Your sovereignty. cended to the Supreme Court. It is a time on the State’s high court has been Continue to meet the needs of our hard act to follow. Yet I have every marked by clear and precise writing Senators, providing solutions to their confidence she will excel in the role. and judicial independence. most challenging problems. Lord, teach You see, nominees such as Justice Eid One of Justice Eid’s former clerks them Your precepts so that they may and Professor Bibas are more than just wrote a column in the Denver Post in walk in Your truth, experiencing the the sum of their credentials—although support of her nomination. As a jurist, reverential awe that comes from Your theirs are indeed impressive, and I will this clerk wrote, ‘‘Eid commits her full presence. Make them wise and knowl- expand on those credentials in just a mental energy and attention to each edgeable leaders. At their work, may moment—nominees such as these also case, carefully mastering every legal they be diligent, ever striving through believe, like Justice Gorsuch, that the and factual detail in order to conduct a their faithfulness to please You. In role of a judge is to apply the law rigorous analysis dictated ultimately their dealings with each other, may equally to everyone and to do so as the by the law.’’ In addition, this former they be honest, courteous, and kind, law is actually written, not as they clerk added a personal touch to Justice never forgetting that You are the un- wish it might be. Eid’s incredible re´sume´: seen guest in all of their deliberations. As Judge Gorsuch said, ‘‘A judge who For women striving to achieve that elusive We pray in Your strong Name. Amen. likes every outcome he reaches is very balance between family life and a successful f likely a bad judge—stretching for re- career, it can be hard to find strong role sults he prefers rather than those the models. But Colorado’s Allison Eid is a shin- PLEDGE OF ALLEGIANCE law demands,’’ or, put a different way, ing example. The President pro tempore led the ‘‘I don’t think there are red judges, and Justice Eid is clearly well qualified Pledge of Allegiance, as follows: I don’t think there are blue judges. All for the position to which she has been I pledge allegiance to the Flag of the judges wear black.’’ That is the view of nominated. She is just the kind of fair- United States of America, and to the Repub- Neil Gorsuch. That is the view of Alli- minded judge people would want hear- lic for which it stands, one nation under God, son Eid and Stephanos Bibas. That is ing their case. I look forward to sup- indivisible, with liberty and justice for all. just the kind of fair-minded judge we porting her nomination today, and I f want serving on the bench and just the ask each of my colleagues to join me in kind of fair-minded judge we are con- confirming the nomination of this ex- RECOGNITION OF THE MAJORITY firming this week, including the excep- tremely well qualified jurist. LEADER tional nominees before us. I would ask them to join me in sup- The PRESIDING OFFICER (Mr. Justice Allison Eid graduated from porting Professor Bibas too. Professor HELLER). The majority leader is recog- the University of Chicago Law School Bibas has served as assistant U.S. at- nized. with high honors. She earned the op- torney. He has experience in private f portunity to clerk for Fifth Circuit practice. He has clerked for a circuit Judge Jerry E. Smith and then for Jus- court judge and for Supreme Court Jus- NOMINATIONS OF ALLISON EID tice Clarence Thomas before joining tice Anthony Kennedy. Today he is a AND STEPHANOS BIBAS the faculty of the University of Colo- professor at the University of Pennsyl- Mr. MCCONNELL. Mr. President, the rado School of Law, where she served vania Law School, where, according to Senate continues to press forward con- as a professor for our colleague Senator the former dean of students, he ‘‘enjoys

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

S6975

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VerDate Sep 11 2014 01:48 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.000 S02NOPT1 S6976 CONGRESSIONAL RECORD — SENATE November 2, 2017 the give and take of discussion’’ and is The goals of tax reform used to be EXECUTIVE SESSION ‘‘very fair, considerate, and encour- shared by our Democratic colleagues as aging.’’ well. Over many years, multiple Senate Moreover, as a bipartisan group of Democrats, including the Democratic EXECUTIVE CALENDAR more than 100 law professors put it in a leader himself, have called on Congress The PRESIDING OFFICER. Under letter to the Judiciary Committee, to pass reform. But then something the previous order, the Senate will pro- Professor Bibas’s ‘‘fair-mindedness, changed. It was the President who ceed to executive session and resume conscientiousness, and personal integ- changed, it seems. consideration of the Eid nomination, rity are beyond question,’’ and in their Now we are reading reports that our which the clerk will report. view, ‘‘his judicial temperament will friends across the aisle plan to oppose The legislative clerk read the nomi- reflect these qualities and . . . he will any tax reform bill at all, regardless of nation of Allison H. Eid, of Colorado, faithfully discharge his duty to apply what is in it. It seems that Democratic to be United States Circuit Judge for the law fairly and evenhandedly in all leadership is praying that this chance the Tenth Circuit. matters before him.’’ to put more money in the pockets of The PRESIDING OFFICER. The Sen- Professor Bibas also reminded us the middle class will not succeed. But ator from West Virginia. that he, like Justice Gorsuch and Jus- why? To protect incentives and encour- TAX REFORM tice Eid, believes in a fair-minded ap- age companies to ship jobs overseas? I Mrs. CAPITO. Mr. President, I rise to proach to the law. In his words, ‘‘Peo- thought they were against those. To give my fifth in a series of speeches ad- ple need to know and believe that prevent working families from keeping dressing what I think will be a monu- judges will apply the law impartially more of what they earn? I assumed we mental achievement of this Senate and and evenhandedly to all litigants, re- were all for that. According to recent House when we pass our tax reform gardless of their wealth or power.’’ He news reporting, Democrats apparently bill. is right. Let’s join together in sup- want to tank tax cuts for the middle I have spoken previously about how I porting him today. class because it might give them a po- believe tax reform will be good in a lot I would like to once again thank Ju- litical leg up. In other words, it seems of different ways. First of all, I talked diciary Committee Chairman GRASS- that this is some kind of game to them. about how this tax reform bill will spur LEY for all his work to bring these im- I certainly hope what we read is not economic growth in our country. Sec- pressive nominees to the floor. To- true. I certainly hope Democrats will ond, I talked about how it would grow gether with the President, we will con- take note of the fact that their latest jobs in small businesses. Third, I tinue working hard to put judges on false talking point about tax reform talked about the benefits working-class the Federal courts who will uphold the just got debunked today as well. This families will have through policies law as it is written, not as they wish it effort is way too important for any of such as the child tax credit. were. that. I hope our friends will decide to So today I rise to talk about the im- f work with our colleagues in a serious portance of tax simplification. Accord- TAX REFORM way instead. That is what their con- ing to a publisher who analyzed the stituents sent them here to do, and issue, since 1913, the Federal Tax Code Mr. MCCONNELL. Mr. President, on that is what their constituents deserve is 187 times longer than it was a cen- another matter, the Obama years were after the last decade of economic dis- not easy for America’s middle class. tury ago. On top of the Tax Code itself appointment. There is no reason for that spans thousands of pages, there For many, steady work became harder our Democratic friends not to work to find, paychecks stagnated, and op- are additional IRS regulations that are across the aisle in a serious way to complicated, and you need somebody portunities faded. America’s middle help shape this critically important ef- class deserves better after a decade of not just to figure them out for you and fort. interpret them for you but to figure drift, and we are working hard to de- I thank Chairman HATCH and Chair- liver for them. out how that translates to your own man BRADY for their commitment to tax return. Of course, taxpayers have Tax reform is the single most impor- tax reform and regular order. Through tant thing we can do today to get the to comply with all of these. the committee process, Members on economy reaching for its true potential Beyond the code and the regulations, both sides of the aisle will have the op- again. That is why the Senate recently there are countless IRS procedures, portunity to offer input as the tax re- passed the legislative tools to advance technical memorandums, and more, form effort advances. Today’s an- it. That is why the House recently did and all of this adds to the length and nouncement is an important step for- the same. And because we did, later complexity of our tax system. You can ward for that process, as well as for our today, after months of hard work, the see it when you turn toward the April once-in-a-generation opportunity to House’s tax-writing committee will 15 date, the stress level in this country fundamentally rethink our Tax Code unveil its version of tax reform legisla- really rises, and a lot of it has to do and deliver real relief. It has been 30 tion. with the complications of our tax sys- I commend Chairman BRADY and the years since we did that. It is time to do tem. members of the Ways and Means Com- it again. The point is this, when it comes to mittee for their hard work in unveiling I suggest the absence of a quorum. figuring out your taxes, it is just far The PRESIDING OFFICER. The this critical legislation today. This an- too complex. That is why businesses clerk will call the roll. and individuals spend 6 billion hours a nouncement is more positive momen- The legislative clerk proceeded to year complying with the Tax Code. tum from our colleagues over in the call the roll. House, and I look forward to continued Mrs. CAPITO. Mr. President, I ask That is more than 18 hours for every work with them as we move forward. unanimous consent that the order for man, woman, and child in this country. Here in the Senate, the Finance Com- the quorum call be rescinded. That is equivalent to 3 million people mittee will continue its work on tax The PRESIDING OFFICER. Without working full time—3 million people reform legislation as well. objection, it is so ordered. working full time to comply with the Both Chambers are working on this Tax Code and fill out your tax forms f at full steam because we are com- or, another way of looking at it, that is mitted to achieving our mutual tax re- RESERVATION OF LEADER TIME $195 billion in lost productivity. form goals for the middle class, work- The PRESIDING OFFICER. Under Again, our Tax Code is just too com- ing families, and small businesses. Our the previous order, the leadership time plicated, and that is also what tax re- main goal is this: We want to take is reserved. form is about, simplifying and making more money out of Washington’s pock- f it easier for Americans to comply. ets and put more in yours. This goal is According to the Brookings Institu- shared by the American people, it is CONCLUSION OF MORNING tion, ‘‘The notion that taxes should be shared by the President and his team, BUSINESS simpler is one of the very few propo- and it is shared by Republicans in the The PRESIDING OFFICER. Morning sitions in tax policy that generates al- House and in the Senate. business is closed. most universal agreement.’’

VerDate Sep 11 2014 01:48 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.001 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6977 Despite years of bipartisan talks, we GDP growth and higher wages. I look details of the Republican tax plan are are now on the verge of major tax re- forward to working with my colleagues anything like we have seen in the form for the first time in 30 years. to make tax reform and tax simplifica- press—to repeal the estate tax, to cre- Making our Tax Code simpler will ben- tion a reality. ate a huge new loophole for wealthy in- efit every single working family in this Thank you. dividuals in the form of a reduction in country. By roughly doubling the I yield the floor. the pass-through rate, and lowering the standard deduction, filing your taxes I suggest the absence of a quorum. big rates on corporations and the will be easier and more understandable. The PRESIDING OFFICER. The wealthy—this sure doesn’t fit the bill The higher standard deduction will let clerk will call the roll. of helping the middle class. more middle-class Americans benefit The legislative clerk proceeded to Meanwhile, to pay for all the tax from not just lower taxes but also call the roll. giveaways in their bill, the Repub- without the hassle of itemizing your Mr. SCHUMER. Mr. President, I ask licans are likely to make it worse for tax return. Lower rates and fewer de- unanimous consent that the order for the middle class—not just not help ductions will help all Americans spend the quorum call be rescinded. them but hurt them. It will slash State less time and energy and worry on tax The PRESIDING OFFICER (Mr. and local deductibility, which is a bed- compliance. STRANGE). Without objection, it is so rock middle-class and upper middle Our goal is for the overwhelming ordered. class deduction, that would hurt so number of Americans to be able to sub- RECOGNITION OF THE MINORITY LEADER many middle-class taxpayers. Nearly mit their tax forms on a single sheet of The Democratic leader is recognized. one-third of all taxpayers claim it from paper without all those extra forms, REPUBLICAN TAX PLAN all over the country, the vast majority and for many families in West Virginia Mr. SCHUMER. Mr. President, later of whom make under $200,000 a year. and around the country who already this morning, after months of hem- Today, Republicans will crow about use the standard deduction, increasing ming, hawing, and delaying, House Re- reaching a compromise on State and it will reduce their taxes. Now, 83 per- publicans will finally release some leg- local, whereby they don’t eliminate the cent of West Virginians last year—or islative details about their tax plan. It deduction; they just reduce its value by maybe it was the year before, 2015, may not even include all the details. about 70 percent. That means the bulk 2016—83 percent filed a simple form. The on again, off again nature of these of the deduction will go away for so Simplicity in our Tax Code and relief deliberations should concern every many middle class Americans. I would for middle-class families, those are the Member of both Chambers. That is not remind my Republican colleagues over reasons I offered a straightforward how you construct sound policy, espe- in the House, particularly those from amendment to the Senate’s budget res- cially with something as complicated States like New York, New Jersey, olution. My amendment said Congress and impactful as the Tax Code. Each California, Pennsylvania, Illinois, Vir- should focus on eliminating deductions decision has enormous ramifications. ginia, and Colorado, that this com- that primarily benefit wealthier indi- Last-minute changes and sloppy draft- promise will not solve your problem. viduals in favor of tax policy that bene- ing could change the fate of entire in- You will still pay the price with the fits the middle class. Let me say that dustries. Rushing it through in a hasty voters. I have been in politics a long time. I again. Congress should focus on elimi- manner could have disastrous con- know how this will affect people—this nating deductions that primarily ben- sequences. compromise. They will not look and efit wealthier individuals in favor of We know why my colleagues are say: Oh, it could have been worse. tax policy that benefits the middle doing this. They don’t want the public Maybe we would have lost the entire class. That means a tax code that is to know what is in this bill—increases deduction. They will say: This year, I simpler with fewer deductions and on the middle class, breaks for the have the whole deduction, and next wealthy, big corporations getting a lower rates. year, I have less than half of it. They It will not just be individuals and huge tax break, with no guarantee and will take it out on our Republican col- families who benefit from a less com- very little likelihood that they will use leagues who vote for it, particularly plicated tax code. Tax simplification the money to create jobs. That is why from those States, and they are will help our small businesses start, they don’t want it to be public. It is throughout the country—in well-to-do grow, and succeed. Ninety-five percent not popular. On polls, it says: Do you and upper middle class and middle- of the businesses in my State of West support tax reform? They say yes. Do class suburban districts. Virginia are small businesses, and they you support cutting the taxes on big So anyone who thinks this com- employ over half of West Virginia’s pri- corporations? They say, overwhelming, promise is going to help them doesn’t vate sector workforce. So in addition no. Do you support increasing taxes on understand how politics works. It is to their high marginal tax rate, the the middle class? Overwhelming, they not what it could have been. It is what complexity and compliance cost of say no. Do you support decreasing it is and what it will be. Now it is a their taxes impedes their economic taxes on the wealthy? They say, over- complete deduction. What it will be is growth, impedes their ability to grow whelming, no. Those are the three te- that you will lose 70 percent of that de- their job, raise their wages, spur nets of this bill. duction. No one is going to breathe a growth. A CNBC survey found that 22 I hope my Republican colleagues here sigh of relief and say: I could have lost percent of small business owners aren’t in the Senate are watching what is 100 percent. sure what their effective tax rate real- going on in the House—the problems Taxpayers will see that the Repub- ly is. If Congress can simplify the code they are having, the secrecy they licans have capped the amount of mort- just to cut compliance costs in half, need—and realize how difficult and gage interest they can deduct from that would free up significant re- dangerous it is to rewrite the Tax Code purchasing a new home now. That is sources that could be used to grow the by the seat of your pants. Looking at the latest. Again, that hits right at the economy. Given that 50 percent of U.S. the Tax Code and real tax receipts middle class. The mortgage deduction job growth has occurred in just 2 per- after all the loopholes, the wealthy in doesn’t really affect the wealthiest. cent of our country’s counties, we need our country pay far less in Federal They have all their money in unearned that growth. Think about that. Over taxes than they did historically while income and capital gains, and all of the last several years, 50 percent of the the middle class pays more. Corporate that is what affects them the most. U.S. job growth has only occurred in 2 profits are at a record high, while aver- But the mortgage deduction is one of percent of our country’s counties. We age wages have been stagnant. Those the hearts of the middle class. To play need the rest of the country to be able statistics articulate a real problem with it—to reduce it, to cap it, so they to enjoy that growth. To do that, we with the basic fairness of our Tax Code can do tax giveaways for the very need to help the small businesses that that tax reform could underline and rich—is not going to fly, I don’t are the major economic drivers in our could fix. This plan doesn’t. think—not in America, not in the economy. Instead, what we are seeing today is America most of us know. Simplifying the Tax Code will benefit a plan that exacerbates the unfairness Taxpayers in the big cities and small so many across this country through and inequality in our Tax Code. If the ones, in the exurbs and suburbs, who

VerDate Sep 11 2014 01:48 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.003 S02NOPT1 S6978 CONGRESSIONAL RECORD — SENATE November 2, 2017 commute to work, will also notice if families and our businesses, to create after those 10 years. With the crazy they never receive the critical transit more jobs and grow our economy fast- way we do our budgeting around here, benefits they receive now. Thousands er. The House Ways and Means Com- that allows us to make more of those of dollars a year that help pay when mittee is about to unveil their first tax cuts permanent so that our fami- you transit to work will be gone. Why? draft of a tax cut bill. That is a good lies and our businesses can have great- To help the wealthy. step forward after we both passed our er predictability to save and invest and While some working Americans and budgets a couple of weeks ago. grow our economy. middle-class taxpayers watch their As we move forward through this It is also a kind of tax cut for work- taxes go up, they will read about how process, it is important that we all rec- ing-class Americans in its own right. Republicans repealed the estate tax, ognize that tax cuts are a way to let According to IRS data, more than five which benefits only 5,500 families the American people and our busi- out of six households that paid the whose estates are worth over $5 mil- nesses keep more of their money, not mandate fine last year made less than lion. They will learn how, instead of the government’s money but their the median income. They were in the keeping the estate tax or closing the money. We also have to be mindful of bottom half of income earners. egregious carried-interest loopholes, the impact it has on our staggering na- So what are we doing? We are impos- the Republicans reached into their tional debt of over $20 trillion and ris- ing a fine on the working class and pockets—the middle-class pockets—to ing deficits. We can expect the econ- working poor because they can’t afford pay for a big corporate tax break that omy to grow at a much healthier rate the insurance that ObamaCare made has no guarantee and very little likeli- than it has in recent years if we pass a unaffordable in the first place. That is hood of producing jobs. They will learn good tax bill. But we also need to look crazy. that, while the reduction to the cor- for other ways to offset the costs of We can do this in a way that makes porate tax rate is permanent, the in- those tax cuts to a degree. it easier to pass a tax bill. I know some crease in the child tax credit is tem- There have been a lot of discussions of my colleagues around here, espe- porary. during the year about what I would cially some of my Republican col- Big, wealthy corporations count far consider unwise and painful changes to leagues, say: Oh, no. We can’t go back more than kids in this bill. Corpora- our tax law. Eliminating deductions, to healthcare. It is going to make the tions get permanent benefits, and fami- credits, exclusions, exemptions—they tax bill a little harder to pass. That is lies with kids get temporary and mea- are popular and widespread. Some peo- nonsense. It makes the tax bill easier ger ones. ple call that the spinach, in addition to to pass—easier to pass because it helps The Tax Code is a reflection of fair- the ice cream of tax cuts. make the fiscal picture balance, and it ness in our society. Do we want to be in However, I have what I would call helps deliver more tax cuts to our fam- a country where everyone pays their maybe a creative idea, a novel idea— ilies and our businesses back home. Some of my Democratic colleagues, fair share, including big corporations one that I think is gaining momentum drawing on that same estimate from and the very wealthy? I think so. I in the Senate and in the House. We can the Congressional Budget Office, will think most Americans agree with that. repeal the individual mandate of say: You are going to take healthcare Yet right now, our Tax Code is slanted ObamaCare and save $300 to $400 billion away from 15 million people. That is for the Federal Government and there- in favor of the rich and the powerful, nonsense. This bill doesn’t cut a single fore deliver more tax relief to our fami- and the Republican plan makes it only dime out of ObamaCare, not even one lies and our workers and our busi- worse. penny, not one penny taken out of The Republican tax plan would put nesses. That is not my math. That is Medicaid, not one penny taken out of two thumbs down on a scale already the math of the Congressional Budget the subsidies from the exchanges, not a Office. They have said repeatedly that tipped toward the wealthy and power- single regulation change. It simply ful. It wouldn’t create jobs. It wouldn’t eliminating the individual mandate of says that the IRS will not fine you if raise wages. The Tax Policy Center, as ObamaCare would save $300 to $400 bil- you cannot afford the insurance that we know, estimated that 80 percent of lion. That is a lot of tax cuts. ObamaCare made unaffordable. the benefits of the Republican plan go The individual mandate has also been The $300 to $400 billion—even in to the top 1 percent—this new bill the most unpopular part of ObamaCare. Washington, that is a lot of money, and doesn’t change that a bit—while nearly More than two-thirds of Americans that is money that is better left in the one-third of middle-class Americans want to see it repealed. The House has pockets of America’s workers and fam- would see a tax increase; 80 percent of voted repeatedly to repeal it. The Sen- ilies and on the financial statements of the benefits to the top of our country, ate has voted to repeal it. Even some businesses that are looking to expand 20 percent of the benefits to the other Democrats have said that they want to their operations, increase their wages, 99 percent. That is not a middle-class repeal the individual mandate as well. and hire more workers. tax bill, as President Trump said it It is the first time in our country’s his- No, this hasn’t been part of the tax would be. tory, after all, that the Federal Gov- debate for a long time. This Chamber Surely, we can do better. If our col- ernment has said: You must buy the considered repealing the mandate as leagues—whether it be in the House or product of a private company for the part of our healthcare debate, but the Senate, our Republican colleagues who mere privilege of being an American Obama administration called the indi- are trying to go it alone—can’t pass citizen. vidual mandate a tax. this bill, we would welcome them. We We also know that the individual In 2012, the Supreme Court upheld its would welcome an opportunity to sit mandate simply has not worked. It was constitutionality saying that it was a down together and come up with a bill designed to hold down premiums on the tax. The IRS collects it. You pay it on that really helps the middle class. ObamaCare exchanges. That has not your 1040. That is about the ‘‘taxiest’’ I yield the floor. been the case. Despite the individual provision I can think of. I suggest the absence of a quorum. mandate being in place now for 4 years, Let’s make a commonsense decision, The PRESIDING OFFICER. The we continue to see premiums spiral out even if it is a little late in the game. clerk will call the roll. of control. So I think it is a pretty rea- Repeal the individual mandate. Pay for The senior assistant legislative clerk sonable proposal to repeal the most more tax cuts for families and busi- proceeded to call the roll. hated part of ObamaCare to help pay nesses. Make a tax bill easier to pass. Mr. COTTON. Mr. President, I ask for tax cuts the American people want Deliver on the promise that we made to unanimous consent that the order for rather than trying to eliminate pop- the American people to repeal the most the quorum call be rescinded. ular and widely used deductions, cred- unpopular part of ObamaCare and have The PRESIDING OFFICER. Without its, exemptions, and exclusions. a very big victory for the American objection, it is so ordered. Moreover, it allows us to make more people. TAX REFORM of the tax cut bill permanent because I yield the floor. Mr. COTTON. Mr. President, today is the $300 to $400 billion savings over a I suggest the absence of a quorum. an important day on our promise to de- 10-year period is just a 10-year period, The PRESIDING OFFICER. The liver tax relief for America’s working but it will continue to save money clerk will call the roll.

VerDate Sep 11 2014 01:48 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.004 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6979 The senior assistant legislative clerk I yield the floor. does not aim to tell States how to con- proceeded to call the roll. I suggest the absence of a quorum. duct their elections. The responsibility Mr. FLAKE. Mr. President, I ask The PRESIDING OFFICER. The for conducting elections would remain unanimous consent that the order for clerk will call the roll. with each State, as has been our coun- the quorum call be rescinded. The senior assistant legislative clerk try’s tradition since its founding. State The PRESIDING OFFICER. Without proceeded to call the roll. and local election officials alone, how- objection, it is so ordered. Mr. COLLINS. Mr. President, I ask ever, cannot be expected to defend Mr. FLAKE. Mr. President, we cur- unanimous consent that the order for against cyber attacks from foreign ad- rently have the highest Federal cor- the quorum call be rescinded. versaries. That is why our bill seeks to porate tax rate in the developed world. The PRESIDING OFFICER (Mr. SUL- bring to bear the unique authorities, Businesses are moving from here over- LIVAN). Without objection, it is so or- capabilities, and resources that the seas to seek a friendlier tax environ- dered. Federal Government can offer to State ment. SAVE ACT and local election officials. If we are going to compete globally— Mr. COLLINS. Mr. President, today I Let me briefly describe the Heinrich- and we are in a global economy—we rise with my colleague from New Mex- Collins bill. have to have a conducive tax and regu- ico, Senator HEINRICH, to discuss the First, our bill would codify a decision latory environment to do so. We don’t Securing America’s Voting Equipment made by both Secretaries of Homeland have a conducive tax environment now. Act of 2017, or the SAVE Act, which we Security, Jeh Johnson and John Kelly, We cannot compete globally with the introduced earlier this week. to designate election systems as ‘‘crit- second highest or the highest corporate I know that you are well aware that ical infrastructure.’’ This designation tax rate in the developed world. the Senate Intelligence Committee has allows DHS to prioritize providing as- We also have a tax code that is far been conducting an in-depth investiga- sistance to election jurisdictions and too complicated. Taxpayers and com- tion into attempts by the Russians to to establish formal mechanisms to en- panies alike spend about 9 billion hours interfere with our elections last fall. hance information sharing and collabo- a year—9 billion hours a year—com- What we have found is that the Rus- ration within the electoral sector. bined with IRS requirements, and this sians’ active measures preceded last More than 30 States took advantage of costs the U.S. economy more than $400 fall, and they continue to this very DHS’s offer of assistance last year. billion a year. This is just compliance day. Our bill also addresses a shortcoming costs. We have an election coming up in No- that I raised during a hearing before The Tax Code is also full of costly the Senate Intelligence Committee in loopholes which allow businesses and vember of this year and a major elec- tion next year, and both Senator HEIN- June regarding foreign efforts to com- millions of individuals to get away promise American voting systems. with paying no income tax or no cor- RICH and I believe that it is so impor- tant that we act to assist States in pro- During this hearing, we learned that porate tax. not a single secretary of state had been After over 30 years, I am pleased to tecting the integrity of their voting systems. cleared to receive classified informa- see Congress finally getting down to tion before the 2016 election or in the 6 the work of doing a tax overhaul. A few Our bill seeks to facilitate informa- tion sharing on the threats posed to months since voting systems had been weeks ago, we passed a budget that al- declared as critical infrastructure. This lows some cuts—about $1.5 trillion. I State election systems by foreign ad- versaries, to provide guidance to States delay is truly inexplicable. We have to believe that when we do cut certain be able to share this critical informa- taxes, it does generate a greater eco- on how to protect their systems against nefarious activity, and, for tion in order for State election officials nomic activity, which does in turn to take the necessary steps to safe- mean additional revenue to govern- States that choose to do so, to allow them to access some Federal grant guard their systems. ment. However, there are limits to that Our bill addresses this limitation on money to implement best practices to model. We cannot simply assume we information sharing by authorizing the protect their systems. can cut all taxes and realize additional Director of National Intelligence to Let me be clear that I know of no revenue. It is important that tax re- provide security clearances to des- evidence to date that actual vote tab- form comes as well. ignated chief election officials in each ulations were manipulated in any We have been hearing a lot about State. That way, the intelligence com- State in the elections last fall. Never- cuts, cuts, cuts. If we are going to do munity can share appropriate classi- cuts, cuts, cuts, we have to do a whole- theless, as early as the summer of 2016, fied information with States regarding sale reform. With the national debt ex- the FBI discovered that foreign-based foreign threats targeting election sys- ceeding $20 trillion, we have to take hackers had gained access to voter reg- tems. this seriously. Rate reductions have to istration databases in two States. The Our bill also mandates that DHS con- be accompanied by repeal or reform. Department of Homeland Security con- duct a threat assessment on physical We cannot simply rely on rosy eco- firmed that Russia-linked actors at- and electronic risks to voting systems. nomic assumptions, rosy growth rates tempted to access voter rolls and reg- Then, in collaboration with stake- to fill in the gap. We have to make istration data in those two States. holders, the Department will develop tough decisions. We cannot have cuts More alarming is that further inves- best practices to address those risks. today that assume we will grow a back- tigation revealed that many more A few simple measures can make a bone in the out-years in terms of the States than just two were ultimately big difference. Best practices like rely- real reforms we are going to need. We found to have had their voting systems ing upon paper ballots, as the State of have seen this before. We make the probed by the Russians. The Depart- Maine currently does, and conducting cuts now; we rely on rosy economic as- ment of Homeland Security notified postelection audits to ensure that the sumptions; and then, in the out-years, election officials in a total of 21 States tabulation by vote-counting machines if those don’t come about, we forget that their election systems had been matches the results of the paper bal- what we were supposed to do in terms targeted by Russian Government- lots can bolster both resilience and of reform. We can’t do that today, not linked hackers. public confidence in the integrity of with a debt of $20 trillion, not with a If voter rolls were altered or voting the voting process. deficit of over $600 billion a year adding equipment tampered with, a com- Finally, our bill creates a Federal to that total debt. promise of these systems could open grant program available for States to I welcome this opportunity to do tax the door to voter disenfranchisement upgrade and safeguard the integrity of reform. It is needed. As I mentioned, and would undermine public confidence their systems by implementing the we have to have a conducive tax and and the integrity of our free and fair best practices that have been identi- regulatory environment in order to elections—a bedrock principle of our fied. compete, but we have to be realistic as democracy. Last year, the Russian Government well about what we can achieve, and we In response to these alarming sought to disrupt our democracy by can’t push off the reforms for cuts threats, the SAVE Act would assist threatening the integrity of our elec- today. States in hardening their systems. It tions. It is incumbent upon Congress to

VerDate Sep 11 2014 01:48 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.005 S02NOPT1 S6980 CONGRESSIONAL RECORD — SENATE November 2, 2017 assist the States and those charged troducing the bipartisan Securing Thank you, Mr. President. with conducting elections at the local, America’s Voting Equipment Act, or The PRESIDING OFFICER. The Sen- State, and Federal level to protect the SAVE Act, to provide increased se- ator from Colorado. them from foreign interference. Our curity for American election systems. I Mr. GARDNER. Mr. President, I ask bill would do just that. am proud to join Senator COLLINS on unanimous consent that I be allowed to I am very pleased to work with the the floor today to demonstrate our complete my remarks prior to the vote. leader on this effort, Senator HEINRICH, commitment to being able to move for- The PRESIDING OFFICER. Without and I would urge all of our colleagues ward in a bipartisan and pragmatic objection, it is so ordered. Mr. GARDNER. Mr. President, I will to join Senator HEINRICH and me in way to find solutions to protect the in- be brief in my remarks. We are about sponsoring this bill. tegrity of that voting process. Thank you, Mr. President. Our bipartisan legislation would per- to vote on the confirmation of Allison The PRESIDING OFFICER. The Sen- manently designate State-run election Eid to become a judge on the U.S. Cir- cuit Court of Appeals for the Tenth ator from New Mexico. systems as ‘‘critical infrastructure,’’ Circuit, which is housed in Denver, CO. Mr. HEINRICH. Mr. President, I want and it would require the Department of to start by thanking my Republican I have had the privilege and honor of Homeland Security to create a Federal knowing Justice Eid for over a decade. colleague from Maine, Senator SUSAN grant program to help States upgrade Justice Eid now serves on the Colorado COLLINS, for her work on this legisla- the physical, electronic, and even the Supreme Court. I have known Justice tion. In addition to her excellent work administrative components of their Eid since the time I was a young law on the Intelligence Committee, her ex- voting systems and develop those best student, 6 foot 4 and with black hair. perience in homeland security and crit- practices that Senator COLLINS men- That is how long I have known Justice ical infrastructure was absolutely crit- tioned in her speech earlier. Eid. I am very honored to have worked ical to the drafting of this legislation. The SAVE Act would also require the with her. As current members of the Senate Director of National Intelligence to I know that a lot of my classmates Select Committee on Intelligence, we sponsor security clearances to the offi- who had her as a professor are people are continuing to work on the inves- cials responsible for the administration who shared political perspectives that tigation into Russian interference in and certification of Federal elections were far different from Justice Eid’s, the 2016 Presidential election. Yester- in each State—usually our secretaries but they never criticized her teaching. day, our committee held an important of state. The Director of National In- They always found her to be open- open hearing where we had representa- telligence would then share all appro- minded and open to debate of other’s tives from companies such as priate classified information with views. Facebook, Google, and Twitter. We those State officials to help them pro- Most importantly, what Justice Eid know that Russian Government-linked tect their election systems from these will do, once confirmed to the Tenth actors purchased online advertisements kinds of security threats. Circuit Court, is to make sure that she last year in order to influence voters Finally, the SAVE Act would create rules based on the law, not on personal and, frankly, in order to divide Ameri- a Federal competition that would opinion or preferences but how the law cans. Additionally, Russia used bots award computer programmers who dis- dictates. That is the kind of judge she and trolls to spread misinformation cover vulnerabilities in nonactive vot- will be and continues to be, from the and division organically through social ing systems so that the equipment and supreme court to the circuit court. She media networks. the software vendors can work to fix will be somebody who is a guardian of While the President has labeled re- those vulnerabilities. the Constitution, as our Founders were ports of these ads as a ‘‘hoax,’’ now The SAVE Act does not aim to tell hoping we would see on our Federal that Facebook has actually released States how to conduct their elections courts when they wrote the Constitu- many of those ads and acknowledged or what policies or procedures or equip- tion. their extensive reach last year, I hope ment is best where they are; rather, I have a letter that I ask unanimous we can all agree that this is a problem this bill is designed to facilitate infor- consent be printed in the RECORD. It is which we must solve before future elec- mation sharing with States, to provide from the National Native American tion cycles. guidelines on how best to secure those Bar Association in support of Ms. Eid’s I have called on the Federal Election systems, and to allow States to access nomination. Commission to consider new guidance funds to develop solutions and imple- There being no objection, the mate- on how online advertisement platforms ment best practices in response to rial was ordered to be printed in the can better prevent foreign nationals these threats. RECORD, as follows: from illicitly spending in future U.S. I consulted closely with my own Sec- NATIONAL NATIVE AMERICAN elections. I certainly support legisla- retary of State from New Mexico, Sec- BAR ASSOCIATION, tion to require the same transparency retary of State Maggie Toulouse Oli- July 12, 2017. for online political ads that we cur- ver, in drafting this legislation to en- Re National Native American Bar Associa- rently enjoy for television or print or sure that it provides the security meas- tion Support for Confirmation of Colo- radio ads. These are simple, straight- ures State election officials need to rado Supreme Court Justice Allison Eid to the Tenth Circuit Court of Appeals. forward steps we can and must take to keep our voting systems secure. I com- protect the sanctity of our democracy. mend Secretary Toulouse Oliver for her UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, We also know, based on intelligence tremendous leadership in the effort to Washington, DC. assessments, that as part of Russia’s safeguard election infrastructure at Hon. MITCH MCCONNELL, larger hostile effort to interfere in last the State level. Majority Leader, year’s election, Russian actors tar- We are at a critical juncture in the Washington, DC. geted State election voting centers and Russia investigation in which the pub- Hon. CHARLES SCHUMER, State-level voting registration data- lic is beginning to see the tactical evi- Minority Leader, bases—the very heart of the infrastruc- dence of how the Kremlin sought to in- Washington, DC. ture we all rely on for free and fair fluence our elections and divide our Hon. MICHAEL BENNET, Washington, DC. populous. Until we set up stronger pro- elections. In my view, these intrusions Hon. CORY GARDNER, demonstrate a troubling vulnerability tections of our election systems and Washington, DC. to potential future cyber attacks and take the necessary steps to prevent fu- Hon. STEVEN DAINES, manipulations by foreign hackers of ture foreign influence campaigns, our Washington, DC. our elections and our democratic proc- Nation’s democratic institutions will DEAR SENATORS: As President of the Na- ess. remain vulnerable. But we have the tional Native American Bar Association, it Our democracy fundamentally hinges tools to fix those vulnerabilities. I look is my privilege to endorse Colorado Supreme Court Justice Allison Eid to be a Judge on on protecting the rights of Americans forward to working with Senator COL- the United States Court of Appeals for the to be able to fairly choose their own LINS and all of our colleagues on both Tenth Circuit. Since she began her tenure on leaders. That is why I am proud to be sides of the aisle to ensure that we do the Colorado Supreme Court in 2006, and in- partnering with Senator COLLINS in in- that. deed throughout her legal career before her

VerDate Sep 11 2014 03:34 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.008 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6981 appointment to the bench, Justice Eid has author. In 2005 she was appointed by Colo- ary more accessible to tribes, who regret- demonstrated deep understanding of federal rado Attorney General John Suthers to serve tably often find themselves in the position of Indian law and policy matters, as well as sig- as the Solicitor General of Colorado. One federal court litigants. nificant respect for tribes as governments. year later, Governor Bill Owens appointed On the Colorado Supreme Court, Justice Such qualities and experiences are rare Justice Eid to the Colorado Supreme Court Eid has always ‘‘gotten it right’’ on Indian among nominees to the federal bench and where she has served for 11 years, and was law matters, as reflected in her majority consequently, many in Indian Country successfully retained by the voters of Colo- opinion in Pawnee Well Users v. Wolfe, 320 strongly support Justice Eid’s confirmation. rado on a statewide ballot. While serving as P.3d 320 (Colo. 2013) (tribal water rights), in The National Native American Bar Asso- a Justice on the Colorado Supreme Court, her joining of the dissent in Southern Ute v. ciation’s mission is to advance justice for Justice Eid has continued to teach at the King Consolidated Ditch Co., 250 P.3d 1226 Native Americans. As our name implies, University of Colorado. She also serves as (Colo. 2011), and in her votes to grant certio- NNABA represents the interests of all popu- the Chair of the Supreme Court Water Court rari in TMR v. TER, 2013 WL 3809175 (Indian lations indigenous to the lands which are Committee which works to identify rule and Child Welfare Act case) and Begaye v. Peo- now collectively the United States: Amer- statutory changes to achieve efficiencies in ple, 2011 WL 6162622 (Batson challenge involv- ican Indians, Alaska Natives, and Native Ha- water court cases, while maintaining quality ing Native American jury pool). We also note waiians. Our members include Native Amer- outcomes for all. Justice Eid was also ap- her important concurring opinion in Cash ican attorneys, Indian law practitioners and pointed by Chief Justice John Roberts to Advance & Preferred Cash Loans v. State, 242 professors, as well as numerous tribal court serve on the Federal Advisory Committee on P.3d 1099 (Colo. 2010), principally a case advocates and tribal court judges. As you Appellate Rules—a prestigious appointment about tribal enterprises’ sovereign immunity know, all branches of the Federal govern- where she has served alongside federal from suit and service of process. This opinion ment play an integral role in justice for Na- judges, law professors, and lawyers to craft illustrates Justice Eid’s respect for tribal tive Americans and their government-to- revisions to the Federal Rules of Appellate sovereignty and we think is emblematic of government relationship with the United Procedure—including her support for efforts States. The unique legal posture of Indian the practicality, fairness, the careful atten- to allow tribes to file amicus briefs as of tion to what the law requires, and the acces- tribes to the federal government is deeply right at the Supreme Court just as state gov- rooted in American history and has always sibility of writing style that she would bring ernments can. Justice Eid is also active in to the Tenth Circuit. been heavily intertwined with often-shifting her community and church. As the mother of In sum, while we do not expect that Jus- federal Indian policy, but often a central role two children, Justice Eid has volunteered tice Eid will agree with tribal interests on in justice for Native Americans rests with numerous hours at her children’s schools and every issue, we also believe that she is im- the federal courts. Yet nearly all federal for their extracurricular activities. courts have suffered without any Native NNABA is very concerned that federal ap- mensely well qualified and we are confident voice on the bench and often without judges pointees, whether judicial, executive branch that Justice Eid is a mainstream, common- with knowledge of federal Indian law or fa- or independent agency representatives, be sense Westerner who will rule fairly on In- miliarity with Indian Country. NNABA well versed in and respectful of tribal sov- dian Country matters. We endorse her con- strongly encourages the confirmation of ereignty. Justice Eid has significantly more firmation to serve. judges with experience or interest in federal experience with Indian law cases than any Thank you for considering our views. Indian law and who respect the role of tribal other recent Circuit Court nominee. Her In- And special thanks to Senators Daines and sovereigns under the Constitution and trea- dian law cases generally reflect her respect Gardner, who have consistently solicited ties with the United States. It is NNABA’s for tribes as sovereign governments and un- feedback from tribes and tribal organiza- honor and privilege to commend for your derstanding of tribes’ roles in our federalism. tions regarding federal judicial nominations. consideration for the confirmation of Justice Justice Eid has been involved in five Indian NNABA appreciates your continued commit- Allison Eid, who exemplifies those qualities law cases, each addressing only a subset of ment to Indian country, to fortifying the and who is also an exceptionally well-quali- myriad issues of importance to Indian tribes. government-to-government relationship be- fied candidate in every other regard, as well We have examined Justice Eid’s record and tween the United States and tribes, and to as the first Colorado woman to be nominated are heartened by the respect and fairness she ensuring that Native American voices are to the Tenth Circuit. has always shown tribes appearing before the heard at the highest levels of the federal gov- Her academic credentials are excellent. Colorado Supreme Court. We have canvassed ernment. Raised by a single mother in Spokane, Wash- NNABA members who have appeared before If you have any further questions, do not ington, Justice Eid began college at the Uni- or clerked for Justice Eid (yes, Justice Eid hesitate to contact our NNABA Nominations versity of Idaho and then transferred to has hired a Native American law clerk!) and and Endorsements Committee Chair, and Im- Stanford University where she graduated received unanimous positive feedback. mediate Past NNABA President Jennifer with distinction and was a member of the Justice Eid has knowledge gained from liv- Weddle. Phi Beta Kappa honor society. After Stan- ing in and working in a State which has In- Respectfully and humbly, ford, Justice Eid served as a speechwriter to dian Country and strong tribal governments, DIANDRA BENALLY, President Ronald Reagan’s Secretary of Edu- and also from being the spouse of a noted President, National Native cation, William Bennett. She went on to at- American Indian Law practitioner, Mr. Troy American Bar Association, 2017–2018. tend the University of Chicago Law School Eid, who served as Chair of the Indian Law where she served as Articles Editor on the and Order Commission, as the United States Mr. GARDNER. I ask for the support Law Review, graduated with High Honors, Attorney for Colorado from 2006–2009, and of my colleagues for Justice Eid’s con- and was elected Order of the Coif. Justice who now co-chairs the national Indian law firmation to the U.S. Court of Appeals Eid began her legal career as a law clerk for practice group at Greenberg Traurig LLP, is for the Tenth Circuit. Judge Jerry Smith on the United States admitted to practice before numerous tribal Court of Appeals for the Fifth Circuit. She courts and serves as a Tribal appointee on The PRESIDING OFFICER. The then served as a law clerk to Justice Clar- the Navajo Nation Commission on Judicial question is, Will the Senate advise and ence Thomas on the United States Supreme Conduct. Her husband is widely regarded as consent to the Eid nomination? Court. an expert in Indian law, and in particular on Mr. WICKER. I ask for the yeas and In private practice at Arnold and Porter tribal law enforcement and access to justice nays. following her clerkships, Justice Eid prac- issues. In her personal life, Justice Eid regu- ticed both commercial and appellate litiga- larly interacts with tribal leaders and Native The PRESIDING OFFICER. Is there a tion for a variety of clients, including sig- American lawyers and often brings that sufficient second? nificantly for the Hopi Tribe. She was a key knowledge to bear on the bench. We believe There appears to be a sufficient sec- part of litigation teams asserting the Hopi her to be a conscientious, diligent, careful ond. Tribe’s sovereign rights in litigation against and scholarly jurist. Each NNABA member the United States Department of the Inte- we heard from concluded that Justice Eid is The clerk will call the roll. rior, for example in the so-called ‘‘Bennett a woman of integrity and extremely well- The bill clerk called the roll. Freeze’’ litigation, wherein the Hopi Tribe qualified for the Tenth Circuit. Mr. DURBIN. I announce that the sought the right to develop its lands and re- NNABA has long sought the nomination of Senator from Missouri (Mrs. MCCAS- sources despite a federal moratorium on such federal judges with knowledge of federal In- development. dian law, and more generally with experience KILL), the Senator from New Jersey Justice Eid later became a tenured pro- on western issues directly impacting Indian (Mr. MENENDEZ) and the Senator from fessor at the University of Colorado Law tribes such as water law and public lands. Virginia (Mr. WARNER) are necessarily School where she taught Legislation, Con- With Justice Neil Gorsuch’s elevation to the absent. stitutional Law, and Torts, and served as the U.S. Supreme Court, that knowledge base The PRESIDING OFFICER (Mrs. faculty clerkship advisor. During her time at and experience is lacking in the current FISCHER). Are there any other Senators the University of Colorado, Justice Eid con- makeup of the Tenth Circuit, and is a vitally tinued her service in the legal community, important perspective. In short, Justice Eid in the Chamber desiring to vote? being active in a number of bar organiza- has shown herself to be interested and en- The result was announced—yeas 56, tions and serving as a frequent speaker and gaged and willing to make the federal judici- nays 41, as follows:

VerDate Sep 11 2014 03:11 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.011 S02NOPT1 S6982 CONGRESSIONAL RECORD — SENATE November 2, 2017 [Rollcall Vote No. 259 Ex.] KILL), the Senator from New Jersey So I congratulate Chairman BRADY YEAS—56 (Mr. MENENDEZ) and the Senator from and all the members of the Ways and Alexander Fischer Murkowski Virginia (Mr. WARNER) are necessarily Means Committee. I know this process Barrasso Flake Paul absent. has a long way to go, but they are off Bennet Gardner Perdue The PRESIDING OFFICER. Are there to a great start with a very solid bill. Blunt Graham Portman any other Senators in the Chamber de- Boozman Grassley Risch I look forward to continuing to work Burr Hatch Roberts siring to vote? with my colleagues on the Finance Capito Heitkamp Rounds The yeas and nays resulted—yeas 54, Committee as we finalize our version of Cassidy Heller Rubio Cochran Hoeven nays 43, as follows: the pro-middle-class, pro-growth tax Sasse Collins Inhofe [Rollcall Vote No. 260 Ex.] reform, and I am excited to see that Scott Corker Isakson Shelby YEAS—54 step forward. Cornyn Johnson Madam President, let me get back to Cotton Kennedy Strange Alexander Fischer Murkowski Crapo Lankford Sullivan Barrasso Flake Paul the issue of the candidacy of Professor Cruz Lee Thune Blunt Gardner Perdue Stephanos Bibas and say how enthu- Daines Manchin Tillis Boozman Graham Portman siastically I support his candidacy to Donnelly McCain Toomey Burr Grassley Risch Enzi McConnell Wicker Capito Hatch Roberts serve as a judge on the U.S. Court of Ernst Moran Young Cassidy Heller Rounds Appeals for the Third Circuit. Cochran Hoeven Rubio I thank the President for nominating NAYS—41 Collins Inhofe Sasse Professor Bibas, I thank Chairman Baldwin Gillibrand Peters Corker Isakson Scott GRASSLEY for moving Professor Bibas Blumenthal Harris Reed Cornyn Johnson Shelby Booker Hassan Sanders Cotton Kennedy Strange through the nomination process of his Crapo Brown Heinrich Schatz Lankford Sullivan committee, and I thank Leader MCCON- Cruz Lee Thune Cantwell Hirono Schumer Daines Manchin Tillis NELL for bringing Professor Bibas’s Cardin Kaine Shaheen Carper King Donnelly McCain Toomey nomination to the floor. I also thank Stabenow Enzi McConnell Wicker Casey Klobuchar Tester my colleagues who just voted to invoke Coons Leahy Ernst Moran Young Udall cloture so that later today we can vote Cortez Masto Markey Van Hollen NAYS—43 to confirm this terrifically well-quali- Duckworth Merkley Warren Durbin Murphy Baldwin Gillibrand Peters fied man to a really important court. Feinstein Murray Whitehouse Bennet Harris Reed Let me touch on some of his quali- Franken Nelson Wyden Blumenthal Hassan Sanders ties. Professor Bibas has a tremendous Booker Heinrich Schatz wealth of experience in the law as a NOT VOTING—3 Brown Heitkamp Schumer McCaskill Menendez Warner Cantwell Hirono Shaheen legal scholar and a practicing attorney, Cardin Kaine so much so that the American Bar As- The nomination was confirmed. Stabenow Carper King Tester Casey Klobuchar sociation voted to give him a unani- The PRESIDING OFFICER. Under Udall Coons Leahy mous rating of ‘‘well-qualified,’’ and the previous order, the motion to re- Van Hollen Cortez Masto Markey let me tell you why. No. 1, he starts consider is considered made and laid Warren Duckworth Merkley with outstanding academic credentials. upon the table and the President will Durbin Murphy Whitehouse be immediately notified of the Senate’s Feinstein Murray Wyden Professor Bibas graduated summa cum action. Franken Nelson laude and Phi Beta Kappa from Colum- NOT VOTING—3 bia University, and he did so at the age f of 19. After Columbia, he studied at Ox- McCaskill Menendez Warner CLOTURE MOTION ford University in England and earned The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. On this his law degree from Yale University. to rule XXII, the Chair lays before the vote, the yeas are 54, the nays are 43. He has clerked at the highest levels The motion is agreed to. Senate the pending cloture motion, of our Federal court system. He which the clerk will state. f clerked for U.S. Supreme Court Justice The senior assistant legislative clerk EXECUTIVE CALENDAR Anthony Kennedy and Judge Patrick read as follows: Higginbotham on the U.S. Court of Ap- The PRESIDING OFFICER. The CLOTURE MOTION peals for the Fifth Circuit. clerk will report the nomination. The fact is, Professor Bibas is an ac- We, the undersigned Senators, in accord- The senior assistant legislative clerk complished legal scholar. For 16 years, ance with the provisions of rule XXII of the read the nomination of Stephanos Standing Rules of the Senate, do hereby he has served as law professor at two move to bring to a close debate on the nomi- Bibas, of Pennsylvania, to be United outstanding universities—the Univer- nation of Stephanos Bibas, of Pennsylvania, States Circuit Judge for the Third Cir- sity of Iowa College of Law and the to be United States Circuit Judge for the cuit. University of Pennsylvania School of Third Circuit. The PRESIDING OFFICER. The Sen- Law. Professor Bibas has been a pro- Mitch McConnell, Steve Daines, Tom ator from Pennsylvania. lific author whose academic writings Cotton, Pat Roberts, John Boozman, TAX REFORM are frequently cited by the U.S. Su- Mike Rounds, Patrick J. Toomey, John Barrasso, Cory Gardner, Richard Burr, Mr. TOOMEY. Madam President, I preme Court, courts of appeals, and Thom Tillis, Roger F. Wicker, James rise to speak about the nomination of other law professors. He has written E. Risch, John Cornyn, Lamar Alex- Professor Stephanos Bibas, on whom two books and more than 60 articles, ander, Dan Sullivan, Chuck Grassley. we have just invoked cloture, but be- many of which have focused on crimi- The PRESIDING OFFICER. By unan- fore I do that, I want to take a quick nal law and procedures. In fact, in his imous consent, the mandatory quorum moment to observe that we had a big writings, he has expressed views re- call has been waived. development today—a big development garding criminal justice reform that I The question is, Is it the sense of the in that the House of Representatives, suspect many of my Democratic col- Senate that debate on the nomination the majority Ways and Means Com- leagues would share. For instance, Pro- of Stephanos Bibas, of Pennsylvania, to mittee members, led by KEVIN BRADY fessor Bibas has criticized what he sees be United States Circuit Judge for the and Speaker of the House PAUL RYAN, as the overuse of plea bargains in our Third Circuit, shall be brought to a have unveiled a tax reform plan that is courts as being unfair to criminal de- close? a very exciting step forward in our am- fendants who then never get their day The yeas and nays are mandatory bition to bring tax relief and is a direct in court. under the rule. pay raise to hard-working Americans So there is no question that Pro- The clerk will call the roll. whom we represent, creating an envi- fessor Bibas has very extensive aca- The senior assistant legislative clerk ronment where we could have much demic credentials, but he is also an ex- called the roll. stronger economic growth and much perienced attorney. He has served on Mr. DURBIN. I announce that the more opportunity and rising wages for both sides of our criminal justice sys- Senator from Missouri (Mrs. MCCAS- the American people. tem. He has been a prosecutor, and he

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.001 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6983 has been a defense attorney. He has a Unfortunately, many liberals and gether to impose and really enforce balanced perspective from both sides of progressives have a very different view sanctions against North Korea, putting this part of our judicial system. He of a judge. Many of my colleagues and together a bill modeled after the Iran served as a Federal prosecutor in New others believe the Constitution is a liv- sanctions bill so we are serious about York City, where he prosecuted over ing document, by which they mean working to get China and others to 100 criminal cases. that it really means whatever a judge come to the table. I thank my col- Currently, he is the director of the decides it means. Under this view, league for his work on that. Supreme Court Clinic at the University changes to the law and Constitution Where we disagree strongly is on the of Pennsylvania. Professor Bibas also can be made by unelected, unaccount- bill that has emerged from the House argued six cases before the U.S. Su- able judges who then substitute their of Representatives, the so-called tax preme Court. He won a landmark U.S. policy preference for the preference of reform bill. The Senator from Pennsyl- Supreme Court decision for a criminal the American people as reflected in vania said people should be excited to defendant in the Padilla v. Kentucky their elected representatives. Some see it. I can assure you, if you are a case, a case that held criminal defense who hold this view even think judges millionaire or billionaire, you are attorneys must advise their noncitizen should take into account such factors going to be really excited about the clients about the deportation risk asso- as a person’s race, sex, wealth, or polit- bill that is coming out of the House ciated with a guilty plea. That was a ical affiliation in deciding cases. In my and supported by President Trump. Professor Bibas case. He has rep- view, that is a deeply flawed view of I want to talk a little bit about tax resented dozens of other clients before the law and is fundamentally incon- reform because we need tax reform in the Supreme Court, and most of those sistent with the principles of the sepa- America. We need to simplify our Tax cases were pro bono clients—clients he ration of powers that is essential to Code. It has been gummed up over did not charge any fees because they our democracy, the sovereignty of the many years with special tax breaks couldn’t afford experienced counsel. He American people, and the fair and that are there not because they make voluntarily provided that service for equal application of the law to all peo- good sense for the American people but them. ple. Contrary to this view, Professor because somebody was able to hire a Over the course of the work he has Bibas understands the proper role of a high-priced lobbyist to give them a done, as a result of the work he has break the rest of the country does not done for the Supreme Court, he has judge is to apply the law as written and to treat everyone who comes before enjoy. We need to simplify our Tax been praised by both Justices Kagan Code, and we need to reform our Tax and Ginsberg. Justice Ginsberg praised him equally, not to impose his policy preferences or impose the law dif- Code. him as ‘‘among the very best of law- Unfortunately, what we are seeing yers presenting cases to the Supreme ferently for different people. Finally, let me say a word about Pro- come from Republicans today, sup- Court.’’ ported by the Trump administration, I hope all of my colleagues will sup- fessor Bibas’s temperament and suit- doesn’t do that. In fact, what it will do port Professor Bibas’s nomination. He ability for the bench. I think it is very is provide full-time employment for has outstanding credentials, he has a clear that not only does he understand tax accountants around the country wealth of experience, and I hope every- the role a judge is supposed to play, because it creates all sorts of special one will see that in his background. but he is a man of character and of a I must state I am disappointed that temperament that makes him very fit provisions for powerful, special inter- ests. It will dramatically cut taxes for Senator DURBIN, our colleague from Il- to be a judge. I will give you an exam- linois, has stated that he opposes Pro- ple. In one letter of support for his big multinational corporations and for fessor Bibas’s nomination. Senator nomination, a bipartisan group of 121 millionaires and billionaires, and ev- DURBIN has stated that his opposition law professors from across the ideolog- erybody else is going to be left to pick is because of an unpublished academic ical spectrum stated that ‘‘his fair- up the bill in one way or another. paper that Professor Bibas drafted in mindedness, conscientiousness, and Now we know why this has been 2009. In that paper, he proposed the personal integrity are beyond ques- cooked up behind closed doors for so consideration of the use of corporal tion.’’ long. People knew it would have a lot punishment as an alternative to im- In another quote, ‘‘We have no doubt of turbulence when it emerged. Sec- prisonment for certain criminal of- that his judicial temperament will re- ondly, we know why there is such a fenses, but Professor Bibas has stated flect these qualities and that he will desperate effort to ram this huge tax unequivocally that he decided not to faithfully discharge his duty to apply proposal through the House and the publish the paper because he realized the law fairly and evenhandedly in all Senate—because people don’t want the that idea was wrong, was deeply offen- matters before him.’’ American people to figure out exactly sive, and he does not support corporal I am very pleased and proud to sup- what is in it because when they do, punishment for criminals. port Professor Bibas’s nomination to they are going to see it is bad for ev- Professor Bibas also testified at his the Third Circuit. I am completely con- erybody but the folks who are at the confirmation hearing that he fully un- fident he has the intellect, experience, very top or who are very powerful. derstands and respects the difference temperament, and respect for the lim- The good news is that people have between the role of a professor who ited role of a judge in our system, scrambled to begin to look at this. In considers theoretical questions and those attributes that are necessary for fact, certain groups like Realtors—we writes about them, on the one hand, him to excel as a Federal appellate all have Realtors in all our neighbor- versus, on the other hand, a judge who judge, and I am pleased to speak on be- hoods. They are often very connected is deciding cases that impact the lives half of this highly qualified nominee. I to our community. They know exactly of real people. urge all of my colleagues to support his what is going on. So they have been One of the most important reasons I confirmation. monitoring this Republican tax plan am an enthusiastic supporter of Pro- Mr. President, I ask unanimous con- and raising concerns about it. In fact, fessor Bibas is his clear understanding sent that notwithstanding rule XXII, they said just a few days ago that be- of the role of a judge in the American all postcloture time on the Bibas nomi- cause there was this effort ‘‘to speed constitutional system. From my re- nation expire at 1:45 p.m. today. tax legislation through the House by view of his record and from my con- The PRESIDING OFFICER (Mr. Thanksgiving and get it to Mr. Trump versation with him, it is clear he un- SASSE). Is there objection? by the end of the year, ‘we didn’t feel derstands the proper role of a judge is Without objection, it is so ordered. like we could wait,’’’ said the rep- to apply the law, including the Con- The Senator from Maryland. resentatives from the National Asso- stitution, as written and not to make TAX REFORM ciation of Realtors. policy himself and that his obligation Mr. VAN HOLLEN. Mr. President, I So they began to do an analysis of is to treat everyone absolutely equally, see my friend and colleague from Penn- the impact, and here is what they had regardless of race, sex, wealth, polit- sylvania on the floor. We have worked to say today when they caught a ical affiliation, political connections, together on a number of things over glimpse of what was actually in the Re- or anything else. the years, including now, working to- publican Trump bill. They said that

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.018 S02NOPT1 S6984 CONGRESSIONAL RECORD — SENATE November 2, 2017 they are reviewing the details, but at give those same multinational corpora- Here is the irony. If you are a cor- first glance it appears to ‘‘confirm tions another $2 trillion windfall and poration in one of those States, you get many of our biggest concerns’’ about think it is going to somehow trickle to deduct your State and local taxes in the plan. ‘‘Eliminating or nullifying down to the workers? It just is not the whatever State it may be. If you are a the tax incentives for homeownership case. That is not how they are using corporation, you get to take that de- puts home values and middle class their profits. duction. If you are workers, if you are homeowners at risk.’’ The owners of those corporations will homeowners, no, you don’t get to take We will be hearing more from them, pocket the overwhelming lion’s share that deduction. You are going to pay but they commissioned a study that for themselves. We know that because more. was done by PricewaterhouseCoopers, that is what they have been doing al- Here is the really ironic thing. After which concluded that if you have ad- ready, and giving them another $2 tril- they provide these big tax breaks to justed gross income between $50,000 and lion isn’t going to change that pattern. multinational corporations and mil- $200,000 and you are a homeowner, on To add insult to injury, not only is lionaires and billionaires and raise average, you are going to see your this going to be a tax windfall for big taxes on millions of middle-class fami- taxes go up. They also concluded that corporations that have record profits lies, they are still leaving this country home values around the country would right now, but because of the way this with a $1.5 trillion debt. It is written fall by 10 percent—not sure when they is designed with respect to the inter- right into the budget. would begin to recover, but they would national Tax Code, it is going to create I served as the senior Democrat on fall by 10 percent. Home values would incentives for American corporations the House Budget Committee for a long go down, and taxes for middle-class to move from Baltimore, MD, overseas time. Speaker RYAN used to be the homeowners would go up. or from any other place in the United chairman of that committee. He talked Homebuilders, who are a really im- States overseas. I am not just talking at length about the dangers of rising portant part of our economy, are al- about moving their profits to tax shel- national debt. Do you know what? This ready against this strongly. They have ters, which you see happen today. You is a serious issue. I used to think my made it clear that this would hurt new know they park their profits in the Republican colleagues were serious homebuilding around the country, Cayman Islands, and they park their about it, but now we discover they which, as we know, is an important intellectual property in low-tax ha- were only using that as a lever to jus- driver in our economy. vens. Because of the way they have de- tify their cause for cutting Medicare, Even NFIB, the National Federation signed this—a 10 percent average inter- cutting Medicaid, cutting Social Secu- of Independent Business, took a look at national rate—they are actually en- rity, cutting education: Oh, the debt is the bill and said: ‘‘[It] leaves too many couraging American businesses and really high; we have to cut all these small businesses behind.’’ corporations to move their operations things. But tax cuts for big corpora- I will tell you exactly who this helps. and their jobs overseas. tions and millionaires and billionaires, This helps big, multinational corpora- Let’s look at another part of the let’s add that to the national credit tions. When you drop the tax rate to 20 plan. We keep hearing from our col- card. That is $1.5 trillion to be paid for percent, they get a $2 trillion tax wind- leagues that this is going to help folks by everybody else—our kids and fall. I would be happy to talk to my in the middle class. Let’s look at the grandkids. colleagues about corporate tax reform estate tax. If you are an American cou- Do you know what will happen? We that doesn’t blow up the deficit, but ple today and your estate is less than will pass this tax cut for the special in- this proposal is a $2 trillion giveaway $11 million, you don’t pay one penny in terests and powerful Americans, and to big, multinational corporations Federal estate tax—not one. Somehow then all of a sudden, I assure you, our under the theory that somehow, when it became an imperative of the Repub- Republican friends will rediscover their you give a big tax break to a multi- licans, who put together this plan, to concern about the national debt. They national corporation, it is actually give a tax break to people with estates will rediscover it once they get going to increase the wages of their of over $11 million. So, first, they lift through with this windfall tax cut, and workers. Well, we know that just isn’t that cap from $11 million to somewhere then they will want to come around so. We know it from independent ana- like $20, $22 million, and then they get and cut Medicare and Medicaid and lysts. rid of it altogether. That doesn’t help a education. The nonpartisan, professional Con- single American household with an es- Do you know how we know that? gressional Research Service has looked tate that is less than $11 million. We They have already told us. In the budg- at the claims of the proponents of this are talking about 2 out of every 1,000 et that passed this Senate and the bill and said: No, this isn’t going to be American households that will benefit. House, they called for cutting Medicare a big boost to workers; it is going to be That apparently was a big priority of by almost $500 billion—$473 billion to a big boost to the owners of the cor- the Trump administration and the Re- be exact—cutting Medicaid by a tril- porations. publicans, who put together this plan. lion dollars, cutting education invest- If you don’t like nonpartisan anal- So who is going to pay for it? Who is ments very deeply, cutting our invest- ysis—and you know we have a new going to pay for the $2 trillion tax cut ments in national infrastructure. So whole machinery of fake news around for big multinational corporations? we know that once they blow up the here and around this country—why Who is going to pay for the windfall debt by another $1.5 trillion, they are don’t we listen to the CEOs them- tax break for big, big estates? Every- going to come right back and say to selves? Here is what Reuters reported body else. That is why the Realtors are seniors on Medicare or Americans who in a headline: ‘‘CEOs suggest Trump against it. That is why the home- rely on Medicaid or our kids whose tax cut may lift investors more than builders are against it. That is why education we want to invest in: Sorry, jobs.’’ That is what the CEOs say. Do others are already against it, along now we have that national debt we just you know what? We know from our with lots of other groups. Middle-class created. Let’s come back and cut ev- own experience and our own observa- taxpayers are going to have to pick up erything else. tions that is absolutely true. the tab. I really hope that everyone will take Let’s look at the real world. We have Do you know what they do in this a step back. We should not rush seen record increases in corporate prof- bill, this Republican bill? They elimi- through something that will do great its over the last many years—record nate the ability of Americans to deduct damage to the country and great dam- increases. Did that extra money, did their State and local taxes. Except for age to the middle class just because of those bigger profits go to higher wages property taxes, all of those State and someone’s political imperative to get for American workers? They did not. local taxes are now going to be paid on something—anything—done. The re- They have been flat. They have been twice. You are going to pay your State ality is that while we do need tax re- stagnant. We have had a growing gap and local government, and then out of form, we don’t want to mess things up between rising corporate profits and that same dollar, you are going to pay even worse than they are today. the wages of people who work for those your Federal tax. That is double tax- I would welcome the opportunity to corporations. So now we are going to ation. work on a bipartisan basis for genuine

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.020 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6985 tax reform and simplification of the tion. By ending the program and It wasn’t just the unprecedented de- Tax Code, but I will not support any ef- thrusting 690,000 young people into cision to block Chief Judge Merrick fort that hikes our national debt by legal limbo, the President ensured that Garland for the Supreme Court. $1.5 trillion in order to give big tax lawsuits would be filed, and he cer- During the final 2 years of President breaks to multinational corporations tainly is hopeful that conservative Obama’s administration, only 22 judi- and millionaires and billionaires. We judges are on the stand to hear the cial nominees were confirmed—and can do a whole lot better. We should do cases. just nine in the final year. better. We have also seen the Trump admin- That is the lowest number of judges Thank you. istration make moves to restrict wom- confirmed in a 2-year Congress since Mrs. FEINSTEIN. Mr. President, last en’s access to healthcare. One woman President Truman was in office. Con- Thursday, Leader MCCONNELL filed clo- had to go to Federal court twice to trast this with the last 2 years of the ture on four circuit court nominees, in- challenge the government’s efforts to Bush administration when Democrats cluding two nominees who had been restrict her access to reproductive were in the Senate majority and still voted out of the Judiciary Committee care. The full D.C. Circuit chided the confirmed 68 of his nominees. that very morning. attempt to ‘‘bulldoze over constitu- In the last 2 years under President Obama, there were 53 article III judi- Voting on four controversial circuit tional lines’’ and deny this 17-year-old cial nominees pending in the Senate at court nominees in 1 week is highly un- young woman court-approved reproduc- the end of 2016. That is 53 nominees usual, as is voting on nominees just tive care. Republicans tried to block who Republicans either refused to hold days after they have moved out of com- three of President Obama’s nominees hearings on or refused to confirm once mittee. to this same court and now are rushing they were on the floor. Senators who aren’t on the Judiciary to fill its one vacancy as quickly as is In fact, of those 53 nominees, 25 had Committee deserve time to consider possible. That is not a coincidence. been voted out of committee and were nominees, review their backgrounds, President Trump’s voter fraud com- waiting for confirmation on the Senate and make an informed decision for mission will also certainly end up in floor. All they needed was for the Re- their vote. legal battles. At least eight lawsuits publican leadership to bring them up But that is not what is happening in have been filed against the President’s for a floor vote. the Senate this week. Instead, Repub- Presidential Commission on Election Twenty-three of those 25 nominees lican Senate leadership is pushing Integrity, created to investigate false had been unanimously voice-voted out President Trump’s judges through as claims that 3 million people voted ille- of committee with overwhelming bi- quickly as possible. gally last year. It is possible the com- partisan support. Still, Republicans re- Jamming through as many con- mission has already violated Federal fused to confirm them. troversial judges as possible in as short laws with regard to how it handled sen- Since my colleagues have spent some a time as possible—to lifetime appoint- sitive information. This is already the time noting that three of the circuit ments, no less—is irresponsible. I can- subject of ongoing litigation. court nominees we are considering this not remember a time when we had clo- These are just a handful of Trump ac- week are women, I would like to note ture votes on four circuit nominees in tions that will see time in court. They that half of the nominees Republicans 1 week. highlight not only what is at state, but blocked from becoming circuit and dis- It is important to understand the also why the President is so anxious to trict court judges last year were context in which we find ourselves. hurry judges that he has selected on women. After failing to repeal the Affordable the bench. Here is the point: Republican leader- Care Act and with the Republican tax I would add that Republicans are now ship wanted those seats, including the reform plan facing opposition within rushing to fill judicial vacancies for Supreme Court, left open in the hopes his own party, President Trump has this President after spending years that a Republican would be elected turned more and more to Executive or- blocking President Obama from filling President and pick new judges. They ders to influence policy. many of these same vacancies. It actu- ignored the needs of country and the As we have seen, move after move ally is the most egregious effort I have judiciary for their own political wants. has run into opposition in Federal ever seen. Two of the nominees we are consid- courts. So it is really no surprise that This record of obstruction dates back ering this week—Amy Coney Barrett Republicans are trying to stack those to 2001 during the Clinton administra- and Stephanos Bibas—are filling seats courts with ideological judges whom tion. Senate Republicans used secret that President Obama had nominated they hope and expect will uphold the holds on nominees to prevent judicial African-American women to. Neither President’s harmful policies. nominees from receiving committee were confirmed because Republican Consider how many Trump actions hearings or floor votes. This resulted in home-State senators didn’t return blue have or will see time in the courtroom, Republicans ‘‘pocket filibustering’’ slips. That is a fact. Judge John Bush, who now sits on and you begin to understand why Re- nearly 70 of President Clinton’s circuit the Court of Appeals for the Sixth Cir- publicans are rushing to fill these va- and district court nominees, pre- cuit, was likewise confirmed only be- cancies—after allowing countless va- venting their confirmation. As dis- cause Leader McConnell refused to re- cancies to remain unfilled at the end of cussed by Senator LEAHY when he turn a blue slip on a well-qualified the last administration. served as chair and ranking member of woman, Kentucky Supreme Court Jus- In each of the following cases, the the committee, Republicans would tice Lisabeth Tabor Hughes, whom President and Senate Republicans seem block nominees through pocket filibus- President Obama had nominated last to hope that the outcome will be dif- tering, which meant they would deny year. ferent with a transformed judiciary. nominees hearings or up-or-down votes Republicans exploited the blue slip The President’s Muslim travel ban in committee. This is a chart that lists process during the Obama Presidency, has been struck down by multiple those nominees. but today we hear constant rumors courts who ruled that the ban is based Mr. President, I ask unanimous con- that Republicans want to do away with on religion and suspending the refugee sent to have the chart printed in the the process—another tool allowing program is discriminatory, with no RECORD following my remarks. them to ram through more judges. basis in fact. The President went so far In the first 5 years of the Obama ad- It is worth noting that, even though as to personally insult some of the ministration, Republicans forced Democrats had sincere, legitimate con- judges who heard arguments on the Obama’s district court nominees to cerns about the writings of John travel ban. wait nearly three times as long and cir- Bush—which included him equating The President’s decision to end the cuit court nominees nearly twice as slavery and abortion—his nomination DACA program is also likely to find its long as Bush nominees for confirma- was rushed through by Leader MCCON- way into the courtroom. Beginning on tion votes. During the final 2 years of NELL. March 5, 2018, it is estimated that his Presidency, Senate Republicans en- John Bush was confirmed just 73 days around 1,000 DACA recipients per day gaged in a historic blockade of judicial after he was nominated. In fact, Presi- will lose their protection from deporta- nominees. dent Trump’s first four circuit court

VerDate Sep 11 2014 03:11 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.021 S02NOPT1 S6986 CONGRESSIONAL RECORD — SENATE November 2, 2017 nominees waited just 84 days, on aver- He said, ‘‘I’m pro-life. And the judges pushed forward controversial ideas age, from nomination until confirma- are going to be pro-life.’’ about punishment. His most troubling tion. By contrast President Obama’s He added that his judges were going proposals were set out in a paper he first four circuit court nominees wait- to be ‘‘very pro-Second Amendment.’’ wrote in 2009. ed an average of 213 days. That is near- We heard from 30 groups who were In it, he argued that, for a wide vari- ly three times longer. concerned about Justice Larsen’s nom- ety of crimes, ‘‘the default punishment The hypocrisy we are seeing on dis- ination, and several highlighted the should be non-disfiguring corporal pun- play is stunning. With that in mind, I danger of this litmus test. ishment, such as electric shocks.’’ As Lambda Legal wrote, ‘‘A decision want to say a few words about the Bibas also suggested ‘‘putting offend- nominees themselves. by this Committee to advance her nom- ination will be rightfully understood as ers in the stocks or pillory, where they Our Nation’s appellate courts are the would sit or stand for hours bent in un- final deciders of the vast majority of not only a threat to Roe but also to the LGBT cases that were built upon Roe’s comfortable positions. Bystanders and cases, so a nominees experience mat- victims could jeer and pelt them with ters a great deal to me. However, the foundation.’’ I opposed Justice Larsen’s nomina- rotten eggs and tomatoes (but not first nominee we voted on, Professor rocks).’’ Amy Barrett, who has now been con- tion. The third nominee we are considering For more severe crimes, he advocated firmed to the Seventh Circuit, had very is Justice Allison Eid for the Tenth ‘‘multiple calibrated electroshocks or limited experience. Circuit. She was also included on Presi- She did not have any experience as a taser shots,’’ with medical personnel dent Trump’s short list of Supreme judge, and she only worked on one trial on hand to ensure ‘‘that the offender’s Court nominees last year. before becoming a professor. health could bear it.’’ Since 2006, Justice Eid has served on These views are shocking and outside Practically speaking, this meant the the Colorado Supreme Court. A review only record on which we could judge of the mainstream. A few years before of her opinions shows why the Denver Professor Bibas wrote his article, this her was her academic writings. In Post wrote in September before her those writings, I was especially trou- body had already debated and passed hearing: ‘‘On the state’s high court, Eid the Detainee Treatment Act in 2005, bled by her position that Supreme has earned a reputation as one of its Court precedents can simply be set which prohibited ‘‘cruel’’ and ‘‘degrad- most conservative members.’’ Here are ing’’ punishment of prisoners. aside when a Justice disagrees with just a couple of examples. them. In 2014, the Colorado Supreme Court I appreciate that Professor Bibas tes- The National Women’s Law Center held that a worker who fell down a tified to the Judiciary Committee that wrote that these writings ‘‘raise seri- flight of stairs at her workplace and he now understands that his views on ous concerns’’ about how Professor suffered multiple aneurysms as a result use of corporal punishment for pris- Barrett, if confirmed, ‘‘would interpret, deserved to be compensated under the oners are, in his words, ‘‘wrong and apply, and follow precedent, including State’s workplace compensation law. deeply offensive.’’ Supreme Court precedent.’’ In fact, Justice Eid dissented, arguing that the He came to this conclusion only after they point out that Professor Barrett’s employee did not deserve any com- he repeatedly made public presen- ‘‘prior writings consistently suggest pensation for her injuries, in City of tations on his paper, including one to a that she believes precedents like Roe Brighton v. Rodriguez. Federalist Society Chapter entitled, and Casey should be considered weaker In 2012, Justice Eid was the lone dis- ‘‘Corporal Punishment, Not Imprison- and are susceptible to challenge. . . .’’ senting vote when the Colorado Su- ment: The Shocking Case for Hurting That is why I was unable to support preme Court upheld a new redistricting Criminals.’’ Professor Barrett’s nomination. map that was drawn to protect resi- I cannot support Professor Bibas’s The second nominee we voted on was dents’ constitutional right under the nomination and will vote no. Justice Joan Larsen for the Sixth Cir- ‘‘one person, one vote’’ standard. The In closing, as my colleagues consider cuit. Justice Larsen, who currently old map had unequal populations and how they will vote on these and other serves on the Michigan Supreme Court, was redone with the extensive work of nominees, I would urge them to con- has deeply troubling views on Presi- a trial court. sider the broader context in which we dential powers. On appeal, Justice Eid was the only are considering this President’s judi- In fact, she advocated for the Bush dissenting judge, and she argued to cial nominees. administration’s view that the Presi- throw out the trial court’s work be- We have a President who has dem- dent had the authority to disregard a cause she believed it had not given law that Congress had just passed, onstrated contempt for the rule of law ‘‘adequate weight’’ to one entirely op- and for the independence of the federal which prohibited the U.S. Government tional factor. from using torture. judiciary. I am deeply concerned that Justice Eid’s record has also led a this President expects the courts to It is no surprise that President number of organizations to oppose her Trump, who has shown contempt for just rubberstamp his policy pref- nomination, including the AFL-CIO, erences. the other coequal branches of govern- the Leadership Conference on Civil and ment, nominated Justice Larsen. Her Human Rights—LCCR—and Planned For every judicial nomination, we views are undoubtedly part of why the Parenthood. have to consider carefully the nomi- President included Justice Larsen on I opposed Justice Eid’s nomination. nee’s record and reflect on whether his short list of Supreme Court nomi- The final nominee we will vote on is they can truly be fair, independent, nees last year. Professor Stephanos Bibas for the and impartial—whether they will re- President Trump repeatedly made Third Circuit. Like Professor Barrett, spect the rule of law. For these reasons clear that he was only considering much of his legal career has been spent and the records of the four nominees I nominees for the Supreme Court who in academia, so our job in reviewing his have just discussed, I cannot support passed his litmus tests, including to record is to carefully consider his them. overturn Roe v. Wade. Recall President writings. There being no objection, the mate- Trump’s interview with ‘‘60 Minutes’’ Professor Bibas’s writings have fo- rial was ordered to be printed in the immediately after he won the election. cused on criminal law, and he has RECORD, as follows: CLINTON ADMINISTRATION: SENATE REPUBLICANS BLOCKED FROM CONFIRMATION VOTES OVER 60 JUDICIAL NOMINEES [Source: Congressional Research Service]

Hearing Date(s) (if Markup Date (if Name Circuit/Court First Nom Date any) Final Action Date any)

Circuit Court

1 ...... Stack, Charles R...... 11 10/27/1995 2/28/1996 5/13/1996 ...... 2 ...... Beaty, James A., Jr...... 4 12/22/1995 ...... 10/21/1998

VerDate Sep 11 2014 03:11 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.009 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6987 CLINTON ADMINISTRATION: SENATE REPUBLICANS BLOCKED FROM CONFIRMATION VOTES OVER 60 JUDICIAL NOMINEES—Continued [Source: Congressional Research Service]

Hearing Date(s) (if Markup Date (if Name Circuit/Court First Nom Date any) Final Action Date any)

3 ...... Leonard, J. Rich ...... 4 12/22/1995 ...... 10/4/1996 ...... 4 ...... White, Helene N...... 6 1/7/1997 ...... 3/19/2001 ...... 5 ...... Ware, James S...... 9 6/27/1997 10/29/1997 11/7/1997 ...... 6 ...... Rangel, Jorge C...... 5 7/24/1997 ...... 10/21/1998 ...... 7 ...... Raymar, Robert S...... 3 6/5/1998 ...... 10/21/1998 ...... 8 ...... Goode, Barry P...... 9 6/24/1998 ...... 3/19/2001 ...... 9 ...... Durham, Barbara ...... 9 1/26/1999 ...... 8/5/1999 ...... 10 ...... Johnson, H. Alston, III ...... 5 4/22/1999 ...... 3/19/2001 ...... 11 ...... Duffy, James E., Jr...... 9 6/17/1999 ...... 3/19/2001 ...... 12 ...... Kagan, Elena ...... DCC 6/17/1999 ...... 12/15/2000 ...... 13 ...... Wynn, James A., Jr...... 4 8/5/1999 ...... 3/19/2001 ...... 14 ...... Lewis, Kathleen McCree ...... 6 9/16/1999 ...... 3/19/2001 ...... 15 ...... Moreno, Enrique ...... 5 9/16/1999 ...... 3/19/2001 ...... 16 ...... Lyons, James M...... 10 9/22/1999 ...... 6/6/2000 ...... 17 ...... Snyder, Allen R...... DCC 9/22/1999 5/10/2000 12/15/2000 ...... 18 ...... Markus, Kent R...... 6 2/9/2000 ...... 12/15/2000 ...... 19 ...... Cindrich, Robert J...... 3 2/9/2000 ...... 12/15/2000 ...... 20 ...... Campbell, Bonnie J...... 8 3/2/2000 5/25/2000 3/19/2001 ...... 21 ...... Orlofsky, Stephen M...... 3 5/25/2000 ...... 12/15/2000 ...... 22 ...... Gregory, Roger L...... 4 6/30/2000 ...... 3/19/2001 ...... 23 ...... Arguello, Christine M...... 10 7/27/2000 ...... 12/15/2000 ...... 24 ...... Davis, Andre M...... 4 10/6/2000 ...... 12/15/2000 ...... 25 ...... Gibson, S. Elizabeth ...... 4 10/26/2000 ...... 12/15/2000 ......

District Court

26 ...... Klein, Theodore ...... S.FL 10/29/1993 11/16/1993 11/14/1994 ...... 27 ...... Paz, R. Samuel ...... C.CA 3/24/1994 8/25/1994 11/14/1994 ...... 28 ...... McConnell, Judith D...... S.CA 8/5/1994 ...... 11/14/1994 ...... 29 ...... Tait, John R...... ID 8/25/1994 ...... 11/14/1994 ...... 30 ...... Snodgrass, John D...... N.AL 9/22/1994 ...... 9/5/1995 ...... 31 ...... Toole, Patrick J., Jr...... M.PA 9/23/1994 ...... 11/14/1994 ...... 32 ...... Whitfield, Wenona Y...... S.IL 3/23/1995 7/31/1996 10/4/1996 ...... 33 ...... Shurin, Leland M...... W.MO 4/4/1995 ...... 9/5/1995 ...... 34 ...... Bingler, John H., Jr...... W.PA 7/21/1995 ...... 2/12/1998 ...... 35 ...... Greer, Bruce W...... S.FL 8/1/1995 ...... 5/13/1996 ...... 36 ...... Sundram, Clarence J...... N.NY 9/29/1995 6/25/1997 10/21/1998 ...... 37 ...... Myerscough, Sue E...... C.IL 10/11/1995 ...... 10/4/1996 ...... 38 ...... Wattley, Cheryl B...... N.TX 12/12/1995 ...... 10/4/1996 ...... 39 ...... Schattman, Michael D...... N.TX 12/19/1995 ...... 7/31/1998 ...... 40 ...... Rodriguez, Anabelle ...... PR 1/26/1996 10/1/1998 10/21/1998 ...... 41 ...... Lasry, Lynne R...... S.CA 2/12/1997 ...... 2/12/1998 ...... 42 ...... Massiah-Jackson, Frederica A...... E.PA 7/31/1997 10/29/1997; 3/16/1998 11/6/1997 3/11/1998 43 ...... Colman, Jeffrey D...... N.IL 7/31/1997 ...... 10/21/1998 ...... 44 ...... Klein, James W...... DDC 1/27/1998 ...... 12/15/2000 ...... 45 ...... Freedberg, Robert A...... E.PA 4/23/1998 ...... 10/21/1998 ...... 46 ...... Norton, Lynette ...... W.PA 4/29/1998 ...... 12/15/2000 ...... 47 ...... Davis, Legrome D...... E.PA 7/30/1998 ...... 12/15/2000 ...... 48 ...... Leonard, J. Rich ...... E.NC 3/24/1999 ...... 12/15/2000 ...... 49 ...... McCarthy, Frank H...... N.OK 4/30/1999 10/26/1999 12/15/2000 ...... 50 ...... Simon, Kenneth 0...... N.AL 6/6/2000 ...... 12/15/2000 ...... 51 ...... Lim, John S. W...... HI 6/8/2000 ...... 12/15/2000 ...... 52 ...... Litman, Harry Peter ...... W.PA 7/27/2000 ...... 12/15/2000 ...... 53 ...... Cercone, David S...... W.PA 7/27/2000 ...... 12/15/2000 ...... 54 ...... Couch, Valerie K...... W.OK 9/7/2000 ...... 12/15/2000 ...... 55 ...... Johnston, Marian McClure ...... E.CA 9/7/2000 ...... 12/15/2000 ...... 56 ...... Achelpohl, Steven E...... NE 9/12/2000 ...... 12/15/2000 ...... 57 ...... Anderson, Richard W...... MT 9/13/2000 ...... 12/15/2000 ...... 58 ...... Lieberman, Stephen B...... E.PA 9/14/2000 ...... 12/15/2000 ...... 59 ...... Hall, Melvin C...... W.OK 10/3/2000 ...... 12/15/2000 ...... 60 ...... Coan, Patricia A...... CO 5/27/1999 ...... 12/15/2000 ...... 61 ...... Gee, Dolly M...... C.CA 5/27/1999 ...... 12/15/2000 ...... 62 ...... Woocher, Fredric D...... C.CA 5/27/1999 11/10/1999 12/15/2000 ...... 63 ...... Tusan, Gail S...... N.GA 8/3/1999 ...... 3/27/2000 ...... 64 ...... Bell, Steven D...... N.OH 8/5/1999 ...... 12/15/2000 ...... 65 ...... Fields, Rhonda C...... DDC 11/17/1999 ...... 12/15/2000 ...... 66 ...... Fineman, S. David ...... E.PA 3/9/2000 ...... 12/15/2000 ...... 67 ...... Riegle, Linda B...... NV 4/25/2000 ...... 12/15/2000 ...... 68 ...... Morado, Ricardo ...... S.TX 5/11/2000 ...... 12/15/2000 ...... 69 ...... Sebelius, K. Gary ...... KS 6/6/2000 ...... 12/15/2000 ......

The PRESIDING OFFICER. The Sen- against Professor Bibas in the com- cuit and then for Justice Anthony Ken- ator from Iowa. mittee, despite his having received the nedy of the U.S. Supreme Court. Mr. GRASSLEY. Mr. President, we highest rating possible. This is con- Following these prestigious clerk- are about to vote on our fourth circuit sistent with their votes against Pro- ships, Professor Bibas became an as- court nominee this week, and I am glad fessor Amy Barrett, Justice Joan Lar- sistant U.S. attorney in the Southern to speak in support of the nomination sen and Justice Allison Eid, all of District of New York. His experience as of Professor Bibas to serve on the whom received ‘‘well qualified’’ rat- a prosecutor gave him a firsthand view Third Circuit Court of Appeals. That ings. It appears that my Democratic of the problems and injustices in the court sits in Philadelphia. Professor colleagues don’t actually treat the American criminal justice system. He Bibas is a highly qualified nominee. His ABA’s ratings as particularly impor- decided to pursue a career as an aca- background as a well-regarded legal tant when it comes right down to prac- demic, focusing then on improving the scholar and Supreme Court advocate tice. criminal justice system for all in- will serve him well as a judge on that Professor Bibas is the son of a Greek volved. circuit. immigrant who came to this country Professor Bibas’s first stint as a pro- Additionally, Professor Bibas re- after surviving the Nazi occupation of fessor was in my home State of Iowa at ceived a rare, unanimously ‘‘well quali- Greece. He boasts impressive academic the University of Iowa College of Law. fied’’ rating from the American Bar As- credentials. He graduated from Colum- He taught criminal law and procedure sociation. My Democratic colleagues bia University at the age of 19. He then there for 5 years. We were certainly on the Judiciary Committee have ex- received degrees from the University of lucky to have a professor of his caliber. pressed to me that the ABA’s ratings Oxford and Yale Law School. After law Professor Bibas then took a position on are very important to their evaluation school, Professor Bibas clerked for the faculty of the University of Penn- of nominees. Yet all of the Democratic Judge Patrick Higginbotham of the sylvania Law School, where he has members of the committee voted U.S. Court of Appeals for the Fifth Cir- been teaching since.

VerDate Sep 11 2014 03:11 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.007 S02NOPT1 S6988 CONGRESSIONAL RECORD — SENATE November 2, 2017 Professor Bibas has been prolific in sion to charge the defendant and, of the Philippines, and Vietnam. In each his academic writings, publishing nu- course, required an underling by the of those countries, we expect that the merous articles on all aspects of crimi- name of Bibas to pursue the case even No. 1 national security issue that will nal law. His academic work culminated after it started to fall apart. be talked about is North Korea. in the publication of his book entitled In his hearing, Professor Bibas read- North Korea’s dangerous activities ‘‘The Machinery of Criminal Justice.’’ ily acknowledged that the defendant are certainly putting not only the re- That book was published in 2012. In this should not have been prosecuted, and gion but the global community at risk. book and in many of his articles, Pro- the professor stated this to our com- They have a nuclear weapons capa- fessor Bibas criticized the current mittee: bility. They currently have the ability model of bureaucratic ‘‘assembly line’’ I learned from that mistake, and as a to explode a nuclear device. They are justice and America’s high incarcer- scholar, I have dedicated my career to trying working on delivery systems that could ation rate. Much of his work is devoted to diagnose and prevent the causes of such very well reach not just the region but to finding solutions to these problems. errors in the future—inadequate Brady dis- the United States. They are violating His academic work has certainly had closure, new prosecutor syndrome, tunnel vi- international commitments. They have an impact on the law. In fact, Professor sion, jumping to conclusions, partisan done dozens of tests this year alone, all mindsets. And I have testified before this Bibas is one of the most cited law pro- committee on those very issues. And so I in violation of those international fessors in judicial opinions. One study made a mistake. I apologized. I learned from commitments. shows that he is the 15th most cited it, and I have tried to improve the justice We have had a strong policy to try to legal scholar by total judicial opinions, system going forward.’’ isolate North Korea. The United States and he is the fifth most cited in the Some of my colleagues have also has led in the imposition of sanctions. area of criminal law—not bad for a rel- criticized Professor Bibas for a single We introduced this year and passed the atively young professor. article that he wrote but never pub- Countering America’s Adversaries Professor Bibas has also had a posi- lished. This article endorsed limited Through Sanctions Act. It passed this tive impact on colleagues and students. forms of corporal punishment as an al- body by a 98-to-2 vote. I notice the The Judiciary Committee received a ternative to lengthy prison sentences. chairman of the Senate Foreign Rela- letter from 121 law professors through- But Professor Bibas reconsidered this tions Committee is on the floor, and he out our country representing a diverse idea soon after completing the article. was one of the strong architects of that range of viewpoints. These professors He concluded that it was a bad idea and legislation. The United Nations Secu- support Professor Bibas’s nomination, did not publish it. He completely dis- rity Council passed Resolutions Nos. pointing to his—and this quote comes avowed the position in his book pub- 2270, 2321, and 2375. The President has from the letter—‘‘influential contribu- lished shortly thereafter. issued Executive Order No. 13810. tions to criminal law and procedure When asked about corporal punish- We have been asking for rigorous en- scholarship,’’ as well as his ‘‘fair-mind- ment at his hearing, Professor Bibas forcement of sanctions. We could do edness, conscientiousness, and personal stated: more. One of the points I hope the integrity.’’ President will be talking about during It is wrong. It is not American. It is not Professor Bibas also received a letter something I advocate. I categorically reject his trip is robust and rigorous enforce- in support of his nomination from it. ment of the sanctions that are out many colleagues at the University of there. And I see there is activity tak- Additionally, Professor Bibas’s posi- Pennsylvania. They stated that he has ing place in the Banking Committee. tion on corporal punishment was well- been ‘‘an outstanding scholar, teacher, We have legislation in the Senate For- intended. He was motivated to address and colleague’’ at Penn. eign Relations Committee. If addi- overly harsh and unproductively long Professor Bibas also has extensive tional sanction authority is needed, prison sentences. As he said at his litigation experience. He is currently let’s do that. That is important. hearing, he wanted to offer an answer the director of the University of Penn- But what additional things can we to the question, ‘‘Is there some way, sylvania Law School’s Supreme Court do, and what should the President be any way, we can avoid the hugely de- Clinic. In this role, he and his students promoting as he visits Asia? First, let structive effect [of imprisonment] both have represented numerous litigants me give you a few unacceptable alter- on prisoners’ own lives and on the fam- who could not otherwise afford top- natives. flight counsel. He has argued numerous ilies, the friends, the communities?’’ We cannot lead with military inter- cases before the Supreme Court, and he In the time since Professor Bibas vention. The casualties could be astro- obtained a significant victory in the wrote the article, he has offered more nomical. The technology to develop nu- landmark case of Padilla v. Kentucky, creative solutions to the disruptions clear weapons would still remain. Our which established a defendant’s Sixth caused by lengthy prison sentences. As allies are certainly not in agreement Amendment right to accurate informa- an example, instead of suffering with that policy. There is no congres- tion about deportation before pleading through forced indolence, prisoners sional authority for the use of force. guilty. could work and develop work-related A second alternative that is not ac- One of our Supreme Court Justices, skills in anticipation of their release ceptable is to just continue the current Ruth Bader Ginsburg, in a personal let- from prison. course. North Korea is developing a de- ter to Professor Bibas that the Judici- Professor Bibas’s scholarship, as I livery system that will threaten not ary Committee received, called him have stated and quoted from, is a testi- just Japan and the Republic of Korea one of the ‘‘very best lawyers pre- mony to his devotion to the rule of law but also Guam and the United States. senting cases to the Court.’’ It is kind and the notion of equal justice before We will see an arms race if we do not of nice, if you are considered kind of a the law. It is very clear that he cares effectively stop North Korea’s nuclear strict constructionist, that you get a very deeply about how the criminal program. letter like that from one of the more justice system impacts defendants, vic- President Trump’s statement, in my activist members of the Supreme tims, families, and entire communities. view, made the challenges even more Court. As you can tell, I am very confident dramatic. His ‘‘America first’’ state- Some of my Democratic colleagues that Professor Bibas will make an ex- ments isolate America and make it criticize Professor Bibas during his cellent judge on the Third Circuit more difficult for us to get the type of confirmation hearing for two really Court of Appeals. support we need. I think his reckless isolated events in the long and illus- I yield the floor. statements make it more likely rather trious career he has had. The PRESIDING OFFICER. The Sen- than less likely that we will use a mili- First, Democrats criticized Professor ator from Maryland. tary option. Bibas for prosecuting a minor theft of NORTH KOREA What we need is a surge in diplo- only $7 when he was an assistant U.S. Mr. CARDIN. Mr. President, Presi- macy. A surge in diplomacy can very attorney. This case took place nearly dent Trump will be leaving on a well start with the meeting between 20 years ago. But it was Professor lengthy trip to Asia. He will be visiting President Xi of China and President Bibas’s supervisor who made the deci- Japan, the Republic of Korea, China, Trump of the United States. We have a

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.015 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6989 common agenda. Neither China nor the (Mr. MENENDEZ), the Senator from firming judges and providing tax relief United States want to see a nuclear Florida (Mr. NELSON), and the Senator to hard-working Americans. The Amer- North Korea. Both China and the from Virginia (Mr. WARNER) are nec- ican people sent us to Congress to com- United States recognize that the Kim essarily absent. plete this critical work, and we must Jong Un regime in North Korea is un- The PRESIDING OFFICER (Mr. stop at nothing to do it. We have al- reliable. We are both looking for an off- PERDUE). Are there any other Senators ready taken significant steps to ad- ramp so we don’t need to use a military in the Chamber desiring to vote? dress both of these issues by con- option. The result was announced—yeas 53, firming 13 judges, with 5 more this China has the capacity to turn the nays 43, as follows: week, and passing a budget with in- pressure on North Korea through sanc- [Rollcall Vote No. 261 Ex.] structions for tax reform. tions that could change the equation in YEAS—53 There is still much more that we North Korea. China and North Korea need to do, and I stand ready to stay Alexander Flake Paul have a common agenda. Both want to Barrasso Gardner Perdue here until that job is done. Most people preserve the regime of Kim Jong Un— Blunt Graham Portman can’t go home until their work is fin- Kim Jong Un for obvious reasons; Boozman Grassley Risch ished; I don’t think we should either. Burr China, because they do not want to see Hatch Roberts Imagine dropping your car off at the Capito Heller Rounds a unified Korean Peninsula under West- Cassidy Hoeven Rubio auto mechanic and, instead of staying ern influence. Cochran Inhofe Sasse to finish the job, they leave at 3 p.m. to Collins Isakson Our objective is for North Korea to Scott go home because that is convenient for Corker Johnson Shelby give up its nuclear weapons. China Cornyn Kennedy their schedule; yet you still have to Strange needs to be convinced that our objec- Cotton Lankford pay them for a full day’s work. That is Sullivan tive is the same as theirs. With that, Crapo Lee effectively what we have been doing Cruz Manchin Thune they could instill greater pressure on Daines McCain Tillis here in Congress, and that needs to North Korea, and diplomacy could Enzi McConnell Toomey stop. We need to work as much as pos- work. Ernst Moran Wicker sible to ensure that the Federal judici- What should be our objective? We Fischer Murkowski Young ary is filled with judges that will up- have to be realistic. In the short term, NAYS—43 hold the Constitution and bring us it should be containment. Freeze the Baldwin Franken Peters closer to providing tax relief for the current program. Stop the testing. Bennet Gillibrand Reed American people. Make it clear that we cannot allow Blumenthal Harris Sanders We need to have a fully occupied, Booker Hassan these programs to continue. Ulti- Schatz fully functioning Federal judiciary to Brown Heinrich Schumer mately, we want to see a nonnuclear Cantwell Heitkamp Shaheen ensure that Americans’ constitutional Korean Peninsula. Cardin Hirono Stabenow rights are upheld. In almost 10 months, Carper Kaine Tester we have started to address the issue of We know that in the past—the 1994 Casey King Udall framework agreement with North Coons Klobuchar judicial vacancies by confirming 13 Van Hollen Cortez Masto Leahy judges, most notably Justice Gorsuch, Korea lasted for 8 years. So there is an Warren ability to make progress, but we have Donnelly Markey who has already served as a strong, Duckworth Merkley Whitehouse to develop confidence between the par- Durbin Murphy Wyden conservative voice on the Supreme ties. Feinstein Murray Court. As a fellow westerner, I was In conjunction with this, let me urge NOT VOTING—4 proud to vote for such a qualified judge us not to lose sight of the North Ko- to serve in our Nation’s highest Court. McCaskill Nelson Beyond the vacancy we filled on the rean people. Let’s continue our focus Menendez Warner on the human rights problems in the Supreme Court, there are vacancies on country. Let’s work with our allies, The nomination was confirmed. all levels of our Federal judiciary. We particularly Japan and the Republic of The PRESIDING OFFICER. The Sen- cannot forget the importance of every Korea, and let’s rigorously enforce the ator from Nevada. single court that makes up the Federal sanctions until progress is made. Mr. HELLER. Mr. President, I ask system. We must prioritize confirming We can achieve an alternative out- unanimous consent that with respect judges to fill these openings, especially come in North Korea, but it requires to the Bibas nomination, the motion to those deemed judicial emergencies. The U.S. leadership, and President Trump reconsider be considered made and laid fact that we have so many judicial needs to engage on that issue. We need upon the table and the President be im- emergencies is incredibly concerning confidence building, and we need to mediately notified of the Senate’s ac- and should be a wake-up call to all make sure that we make progress. tion. Senators, especially those who are Time is not on our side, but there is The PRESIDING OFFICER. Without slowing down this important process. still time to make progress. Without a objection, it is so ordered. The President is continuing to send diplomatic surge, there are only unac- f us well-qualified nominees, and Chair- man GRASSLEY has done an excellent ceptable options. Our goal should be a LEGISLATIVE SESSION more peaceful, stable, and prosperous job of moving nominees through the northeast Asia community. committee process. I am especially en- couraged that this week we are con- I yield the floor. MORNING BUSINESS The PRESIDING OFFICER. Under firming five more judges, including the previous order, all time has ex- Mr. HELLER. Mr. President, I ask four circuit court judges. This is the pired. unanimous consent that the Senate pace we need to keep. If that means The question is, Will the Senate ad- proceed to legislative session for a pe- working 24/7 to continue confirming vise and consent to the Bibas nomina- riod of morning business, with Sen- these constitutionalists, you can count tion? ators permitted to speak therein for up me in. Confirming Federal judges is a Mr. ALEXANDER. I ask for the yeas to 10 minutes each. unique duty of the U.S. Senate, and we and nays. The PRESIDING OFFICER. Without cannot allow obstructionism from the The PRESIDING OFFICER. Is there a objection, it is so ordered. other side of the aisle to prevent us sufficient second? The Senator from Nevada. from filling vacancies throughout the There appears to be a sufficient sec- f country. ond. It is clear that when judges are The clerk will call the roll. JUDICIAL NOMINATIONS AND TAX brought to the floor for a vote by a The assistant bill clerk called the REFORM healthy majority, the gridlock being roll. Mr. HELLER. Mr. President, this caused is purely political. Because of Mr. DURBIN. I announce that the week, we have the unique opportunity this, leadership is having to file cloture Senator from Missouri (Mrs. MCCAS- to move forward on promises we made on all of these judicial nominees, and KILL), the Senator from New Jersey to the American people last year, con- some of my colleagues across the aisle

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.016 S02NOPT1 S6990 CONGRESSIONAL RECORD — SENATE November 2, 2017 are just running the debate clock on low economic growth. In fact, in those and the hard work that go into every these nominees instead of actually de- 8 years, we didn’t have a single year in dollar and every paycheck, and I am bating. We have what is known as a 1- which the economy grew by 3 percent. working to see that you have more of hour rule in the Senate, and I think it As a result, wages and workers suf- it in your back pocket. I am confident is time to start enforcing it. fered. As a result, job creation suffered. that we will fulfill these promises, but Members are entitled to their opin- And as a result, middle-class Ameri- that will take a commitment from our ions, and, as the deliberative body, we cans like you and your neighbors suf- colleagues to stay here and work. should debate nominees. But if you are fered. In addition to overhauling the Tax going to debate a nominee, I think you We still bear the scars of the Obama- Code and confirming judges, we have actually need to come here and speak era economic policies today. Median many other significant legislative re- about them. You can’t just hide behind household incomes in Nevada are $7,000 sponsibilities to complete. I believe we your desk and run the debate clock. If lower today than they were 10 years must spend as much time as necessary, you have a problem with a nominee, ago. Nevada families are more likely to including working through the sched- then you should come to the floor and be living paycheck to paycheck than uled November constituent work pe- voice your concerns. If you are not families living in nearly every other riod, to fulfill our commitment to the willing to do this, then you shouldn’t State. It is fair to say—in Nevada at American people. hold this nominee hostage to an artifi- least—the recession has never really I yield the floor. cial clock. This is what is wrong in ended. To me, this situation is unac- I suggest the absence of a quorum. Washington. We should use debate time ceptable. I am doing everything in my The PRESIDING OFFICER. The on a nominee to debate the nominee, power to right the economic wrongs clerk will call the roll. and if there is no more debate, then we that have been committed by the pre- The senior assistant legislative clerk should vote on that nominee and move vious administration. proceeded to call the roll. on to the next one. Under the leadership of the new ad- Mr. SASSE. Mr. President, I ask The Constitution guarantees the ministration, however, we are starting unanimous consent that the order for right to a speedy trial. As the body to see our economy improve. There are the quorum call be rescinded. that confirms judges to make that con- positive signs everywhere. Last week, The PRESIDING OFFICER. Without stitutional right possible, we have a the Commerce Department announced objection, it is so ordered. that for the second quarter in a row, critical responsibility, and we need to f do whatever it takes to fulfill this the economy had grown by at least 3 NOMINATION OF STEVE GRASZ duty. In order to deliver swift justice percent. This impressive growth oc- curred despite hurricanes that de- throughout the country, these seats Mr. SASSE. Mr. President, I rise on stroyed the homes and businesses of need to be filled. the floor with a simple message. We I am ready and willing to work day our good friends and colleagues in should completely dispel with the fic- and night, weekends and holidays, to Texas and in Florida. Despite these tion that the American Bar Associa- do what Nevadans sent me to Wash- natural disasters, if 3 percent economic tion is a fair and impartial arbiter of ington to do and to accomplish. As the growth is possible under the leadership facts. This is a sad reality, but it is the leader mentioned last week, we should of President Trump and a unified Re- reality. publican government, just think about work through the week of Thanks- Let’s back up. We in this body have how much more we can add to this giving. Hard-working Americans don’t taken an oath to uphold and defend the growth by passing comprehensive tax go home until their work is complete, Constitution of the United States. Con- reform. and neither should we. That work also sidering judicial nominees who have As a member of that tax writing lifetime appointments is the most im- includes reforming our Tax Code, pro- committee, I have been working with viding desperately needed relief to the portant thing this Senate will do over my colleagues to craft a tax package the weeks ahead. It demands the full middle class. that accomplishes three major goals: Today Chairman BRADY and the Ways attention of every single Member—Re- First, create more jobs; second, in- and Means Committee released a draft publican, Democrat, and Independent. crease wages; and third, boost Ameri- This ought to be an opportunity for of their tax bill, which is another enor- cans’ competitiveness worldwide. this body to pause and stand back from mous step forward in providing mean- What does tax relief mean to you, the the frenzy of day-to-day media cycles ingful tax relief to Nevadans and other average Nevadan who works hard and hard-working Americans across this is trying to provide a better life for his and cable news shouting and recommit country. Middle-class tax relief is par- or her children and save for a secure re- ourselves to basic American civics and ticularly critical to the residents of my tirement? It means cutting your taxes some very basic American ideas: the home State of Nevada. Whether it is so that you can keep more of your idea that our three branches of govern- the single mother from Gardnerville hard-earned money. It means a bigger ment have three separate roles; the who doesn’t receive child support, child tax credit to help you confront idea that we in the article I branch, the works full time, and is simply trying to the increasing costs of raising children. lawmakers, make the laws because we make ends meet or the entrepreneur in It means a simpler and fairer tax code stand before the people and can be Elko who is fighting hard to get his that you yourself can understand. hired and fired—if the people are going small business off the ground and won- Lower rates for business mean more to be in charge of our system, they dering whether he will ever catch a jobs, higher wages, and growth in our need to be able to fire the people who break and be able to afford his first em- communities—all of which will benefit make the laws—the idea that judges ployee, I continue to hear from dili- you. Taken together, all these things are explicitly not to make law; the idea gent, hard-working Nevada families mean that you will have a profound in- that judges do not have R and D, Re- and small business owners who are crease in your take-home pay and your publican and Democrat, behind their struggling to cover their expenses and economic opportunities. names but rather that judges should be get ahead in life. A recent study by the White House dispassionately ruling on the law and For too many people, the American Council of Economic Advisers found the facts; and the idea that all of us, dream—previously achievable through that reducing the corporate tax rate by temporary public servants, although hard work, sheer determination, and 15 percent alone would increase house- the judiciary have lifetime appoint- playing by the rules—feels as though it hold incomes by an average of $4,000. A ments, can be upholding and defending is slipping away. That is in part be- similar study by a Boston University a limited system of government, again, cause, for too long, Nevadans and economist put the increase at $3,500. I through our three differentiated roles. Americans across this country have don’t know about you, but I think the Unfortunately, over the last few days faced stagnant wages and slow eco- average American could do a lot with in this body, it has become clear that nomic growth. an additional $3,500 to $4,000 in his or some of us are attempting to outsource Under the failed economic policies of her bank account. our constitutional duties to an outside the previous administration, we have As a son of a school cook and an auto organization. That organization, the suffered through 8 years of historically mechanic, I understand the discipline American Bar Association, purports to

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.023 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6991 be a neutral arbiter but is frankly rights just like all 320 million Ameri- they asked him why his kids would go twisting its ratings process to drive a cans do. There is nothing wrong with to a religious institution. Well, it turns political agenda in an important nomi- advocacy. What is wrong here is advo- out, in my State, lots and lots of nation pending before this body. I am cacy disguised as objective analysis, Lutherans and Catholics and lots of referring specifically to the smear and that is what is actually happening non-Lutherans and Catholics send their campaign of the ABA against Steve in the case of the Grasz nomination. kids to Lutheran and Catholic schools. Grasz, a qualified public servant, who This brings us to our second point I don’t know what that has to do with has been nominated by the President about the ABA’s treatment of Mr. someone’s competence, man or woman, to the Eighth Circuit Court of Appeals. Grasz. When you read their letter, it to sit as an objective judge on a court Steve Grasz has decades of honorable makes many anonymous claims that of appeals, and yet the interviewers de- service in Nebraska, including more some people supposedly support the au- cided they should go there. than a decade as the chief deputy at- thor’s great worry about Grasz’s al- Then they began to refer to Mr. Grasz torney general of my State. leged deeply held social views, but the repeatedly in the interview as ‘‘you Mr. Grasz is, in fact, eminently quali- closest thing the ABA ever comes to people.’’ They would frame questions fied for the circuit court bench as has stating a fact—let alone producing a to him and ask about ‘‘you people.’’ At been testified to by Republicans and smoking gun—is the fact that as the one point, he finally paused and asked: Democrats across our State. chief deputy attorney general of the Can you tell me who ‘‘you people’’ are? Let’s set the scene first for the ABA’s State of Nebraska, Mr. Grasz did the Because at this point, he didn’t know if silly decision earlier this week to an- job of the chief deputy attorney gen- it was pro-life people, people who send nounce that they regard Steve Grasz as eral of the State of Nebraska. That is their kids to religious schools, maybe ‘‘not qualified.’’ I will highlight three not news. just Nebraskans. They informed him specific items. It is no secret that the vast majority they were using the term ‘‘you people’’ First, we should discuss the two peo- of Nebraskans are pro-life, and thus it to mean conservatives or Republicans. ple who interviewed Mr. Grasz and rec- is no surprise that our State’s laws re- Third, in the course of their time ognize that unfortunately they are bla- flect this. In the 1990s, Nebraska out- with Mr. Grasz, their interview went tant partisans with a sad track record lawed the most horrifying of all abor- from actual legal questions to just ask- of hackery. tion procedures—the partial birth abor- ing him more and more detail about his Second, the ABA is trying to paint tion. Unless anyone seeks comfort be- pro-life views, again that has nothing Mr. Grasz as an extremist simply be- hind empty euphemisms like ‘‘choice,’’ to do with the distinction between sit- cause he did his job as the chief deputy let’s be very clear what the people of ting on the bench as someone who ap- attorney general of Nebraska and de- Nebraska were outlawing. The people plies facts and law and someone who, fended Nebraska laws and Nebraskans of my State banned a gruesome and in a private capacity or in his public who wanted to outlaw the most bar- grotesque practice where a doctor par- capacity, as the chief deputy attorney baric of abortion practices—partial tially delivers an unborn baby and, general of Nebraska had been defending birth abortion. while that baby girl’s head is the only the laws of the State of Nebraska. Third, we should talk about the obvi- thing still in the mother’s womb, the Ed Whelan is the president of the ous bigotry of cultural liberals evident doctor would then collapse the baby’s Ethics and Public Policy Center and is in their interview process of Mr. Grasz skull. If there is anyone in this body a legal and jurisprudential expert. He when they asked him repeated ques- who believes that is a good and a moral has been covering the ABA case and tions about nonlegal matters that had act, that it is a good and a moral thing their judgment on Mr. Grasz this week nothing to do with the claims of com- to deliver that baby girl, and then mo- closely, and so I would like to read a petence of the ABA. ments before her complete and full few of his comments into the RECORD. First, let’s talk about the two re- entry into the world, to vacuum out The ABA contends that Grasz is not suffi- viewers. The lead reviewer for the bar her brains, please come to the floor be- ciently able ‘‘to differentiate between the association on the Grasz nomination cause few people believe that is a good roles’’ of advocate and adjudicator. was Arkansas law professor Cynthia or a moral or a just act—or at least few As its first example, the ABA contends Nance. As it turns out, this is an en- would admit it openly. that there is an inconsistency between core performance for Ms. Nance. In In fact, that is why, just a few years Grasz’s stated respect for stare decisis (that 2006, she opposed then-nominee and later, Federal law followed Nebraska’s is, for binding precedent) and the views he now-Supreme Court Justice Samuel law and outlawed partial birth abor- expressed in a 1999 law-review article (and Alito because of his ‘‘pro-life agenda,’’ tion, but in the 1990s, when Nebraska that it says he continues to adhere to). Se- and she argued that made him unquali- first outlawed that partial birth abor- lectively quoting that article, the ABA faults him for his supposed ‘‘suggestion that fied to sit on the U.S. Supreme Court. tion procedure, many pro-abortion ad- a lower court judge was entitled, in deciding I wonder if there is anyone in this body vocates brought suit and Steve, as the issue [whether a ‘partially born’ fetus who rejected her view then and voted chief deputy attorney general of Ne- has a right to life under the 14th Amend- to confirm now-Justice Alito who braska, defended the law of our State, ment], to question the jurisprudence of a su- would now echo her claims that Justice which again is now the Federal law. He perior court.’’ Alito is not qualified to sit in the seat defended that law because it was his But in the law-review article that the ABA he now holds. Hopefully we as a body job. He defended the law because that criticizes— are better than that. is what the people of Nebraska wanted In that same article— The ABA’s second reviewer, Law- when they said this unspeakably bar- Grasz states [on pages] 27–28: rence Pulgram, is an attorney from baric procedure had no place in our ‘‘Lower federal courts are obliged to follow San Francisco. A cursory glance at Mr. State and now, thankfully, has no clear legal precedent regardless of whether it Pulgram’s political involvement shows place in our Nation. Anyone who would may seem unwise or even morally repugnant a long track record of support for left- paint Steve as an extremist needs to to do so. However, a court need not extend questionable jurisprudence into new areas or wing candidates and aggressively pro- take a long, hard, and honest look at apply it in areas outside of where there is gressive political organizations. These what he did as chief deputy attorney clear precedent.’’ are the reviewers who are setting general of Nebraska defending the laws Read together, these sentences set forth an themselves up as dispassionate umpires of the State of Nebraska. uncontroversial position. In order to create calling balls and strikes. It is hogwash. Third, I know the ABA has an au- controversy, the ABA entirely omits the These are not umpires. These are folks gust-sounding name, but here is the re- first sentence, and it then pretends that the in the starting lineup of the ABA, an ality of the kinds of stuff they did in second sentence, rather than setting forth a organization that explicitly endorsed their interview with Mr. Grasz. They general proposition, is ‘‘referring to the Su- asked him: What kind of schools do preme Court’s rulings in Roe and Casey.’’ pro-abortion policies beginning two Yes, Grasz applies that general proposition decades ago. your kids go to? I don’t really under- to the question whether Roe v. Wade and To be clear, there is nothing wrong stand the connection to their legal Planned Parenthood v. Casey speak to the with Nance and Pulgram’s zealous ad- interview. When they found out his legal status of ‘‘partially-born human vocacy. They enjoy First Amendment kids attended a religious institution, beings,’’ but, much as the ABA would have

VerDate Sep 11 2014 03:24 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.025 S02NOPT1 S6992 CONGRESSIONAL RECORD — SENATE November 2, 2017 the reader think otherwise, he isn’t con- Dred Scott, and she evidently found amusing and so much pro-abortion zealotry cocting a special rule for abortion prece- or insightful the observation that ‘‘Constitu- driving the opinion of the lead reviewer dents. tional strict constructionists . . . want in this case. Skipping ahead: women to have all the rights they had in I hope that when the ABA comes be- 1787.’’ Yes, this is just the sort of fine and The ABA states that ‘‘members of the bar balanced legal mind, with a great grasp of fore the Judiciary Committee, it re- shared instances in which Mr. Grasz’s con- conservative judicial principles, that the cants this very silly opinion of ‘‘not duct was gratuitously rude.’’ Amazingly, it ABA puts in charge of evaluating judicial qualified’’ on a man who is eminently doesn’t bother to give a simple example of nominees. qualified and is going to serve very rude conduct by Grasz, so its claim is [en- well the people of not just the Eighth tirely] impossible to address. Finally: Aside— The ABA’s supposed check against a hos- Circuit but this country on the Eighth Circuit Court of Appeals. This is again quoting Whelan— tile lead investigator is to have a second in- vestigator conduct a supplemental evalua- I would hope that the ABA would re- Aside: According to Larry Tribe, as Josh tion of the nominee in those instances in cant this silly judgment, but if they do Blackman reminds us, Sonia Sotomayor had which the lead investigator recommends a not, I think we should recognize that a ‘‘reputation for being something of a ‘‘Not Qualified’’ rating. bully’’ when she was nominated to the Su- the fiction of the ABA as a serious or- So if you’re the head of the committee, ganization that ought to be taken seri- preme Court. (It was I [Whelan], by the way, whom would you select to ensure that ideo- who uncovered and published Tribe’s letter logical bias isn’t warping the process? Prob- ously as a neutral, impartial arbiter of to President Obama.) ably not a very liberal [activist] lawyer from qualifications for the Federal bench The ABA alleges that ‘‘there was a certain San Francisco. But that’s exactly what the should be dispensed with; and that we amount of caginess, and, at times, a lack of ABA did [in this case]. in this body, who have actually taken disclosure [on Grasz’s part] with respect to Lawrence Pulgram, the second investi- an oath to three separate-but-equal some of the issues which the evaluators un- gator, is a member of the left-wing Lawyers’ branches, with differentiated roles of earthed.’’ But once again it provides no spe- Committee for Civil Rights of the San Fran- cifics or illustrations, so it’s impossible to legislating, executing, and ultimately cisco Bay Area. judging, would continue to affirm that assess whether Grasz can be fairly faulted We have a crisis of institutional trust here. distinction; and that we should want Something very fishy is going on. in this country that should concern all judges who do not try to be superlegis- of us. Our job here, in seeking to pre- And here pulling up from Whelan, I lators but, rather, seek to attend them- serve and protect and uphold the Con- would comment that my senior Sen- selves to the facts and the law, as is in- stitution, and a Constitution that is fo- ator DEB FISCHER and I from Nebraska, deed the calling of article III branch cused on limited government, is be- both of whom were advising President judges. cause our Founders believed that the Trump on the selection of Steve Grasz Thank you, Mr. President. vast majority of the most interesting for this Eighth Circuit vacancy, re- I suggest the absence of a quorum. questions in life happen in the private ceived literally boxes of letters from The PRESIDING OFFICER (Mr. CAS- sector, not just for-profit entities but Nebraska lawyers—both Republican SIDY). The clerk will call the roll. primarily civil society, families, neigh- and Democratic—for months in the mo- The legislative clerk proceeded to borhoods, and not-for-profit organiza- ment after the Eighth Circuit vacancy call the roll. tions, and religious institutions, and appeared, and at no point did we hear Mr. COONS. Mr. President, I ask the Rotary Club, and philanthropies, either verbally from people we know in unanimous consent that the order for and voluntary enterprises. The most the State or in our interview process or the quorum call be rescinded. interesting things in life are not in in those boxes of letters—at no point The PRESIDING OFFICER. Without government. Government provides a did we hear of any rudeness on the part objection, it is so ordered. framework for order of liberty, but of Mr. Grasz. Yet the ABA is judging f once you have that framework, once him ‘‘not qualified’’ for the bench you are free from violence, you are free JUDICIAL NOMINATIONS based on anonymous sources that say to live your life in all of these fully Mr. COONS. Mr. President, I come to he is rude, without a single example. human-fit community ways in your the floor today to join several of my There is not one example. local community. colleagues in raising concerns about It is an embarrassing letter from the Our job in this body is to not only nominations to the Federal judiciary ABA. Folks in this body who would be pass good legislation and repeal bad and the Senate’s role in carrying out tempted to take the ABA’s judgment legislation and to advise and consent its constitutional advice and consent seriously should read the letter. It is on the President’s nominees to faith- responsibilities. From my vantage filled with anonymous claims that once fully execute the laws that have been point as a member of the Judiciary he was rude to someone, and they have passed by the article I branch, but our Committee, I can see all too clearly no examples. job is also to speak to a constitutional that an alarming trend of more and Back to Ed Whelan: system, where a separation of powers more extreme judicial candidates ap- [Reviewer] Nance’s strong ideological bias exists so power is not consolidated in pearing before us is growing, that more is not difficult to uncover. Among other Washington and so there is room for extreme judicial candidates are being things, she signed a letter opposing the con- firmation of Justice Alito. Given the ABA’s the full flowering of social community nominated, and that the safeguards persistent complaints about Grasz’s supposed across our great land. here in the Senate that are important inability to separate his judging from his So the decline of trust in our institu- to our vetting process are being threat- ‘‘pro-life agenda,’’ it’s notable that letter tions is something that should trouble ened. against Alito complains about the impact all of us. Our job here isn’t merely Let me start by giving a simple over- that he would have on . . . women’s repro- about government, it is also teaching view of what has happened, first in ductive [rights]. Nance also signed a letter our kids about the Constitution and terms of the speed at which we are con- arguing that the ‘‘government’s interests in basic civics. I ache when private sector sidering critical lifetime appointments protecting women’s health and reproductive institutions and civil society institu- freedom, and combating gender discrimina- to some of the most central courts in tion,’’ meant that even religiously affiliated tions see the trust in those institutions our whole Federal judicial system. organizations—like the Little Sisters of the decline. But one of the things that is Just this week, my Republican col- Poor—should be required to provide contra- clearly happening in our time is that leagues have brought forward four cir- ceptive coverage (including drugs and de- the ABA is becoming much less a seri- cuit court nominees—four nominees in vices that can also operate in an abortifa- ous organization and much more an ac- one week—beginning to end. That is cient manner) notwithstanding their own re- tivist organization advancing a specific more than the number of circuit court ligiously informed views on what constitutes political agenda. nominees than were confirmed in the illicit moral complicity in evil. The ABA is due to appear before the entire first year of President Obama’s Nance’s very active Twitter feed (more than 24,000 tweets) also offers some revealing Judiciary Committee in 2 weeks to ex- Presidency. insights. Among other things, Nance plain this interview process and why More important to me than the speed retweeted the question whether Justice they gave this judgment on Mr. Grasz is the quality of our process of review- Scalia would have been in the majority in with so few facts and so little evidence ing these important nominations. The

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.027 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6993 American Bar Association has issued This is about having the judgment and soon see nominees I can support with- unanimous ‘‘not qualified’’ ratings for the temperament to be a Federal judge. out reservation. But the blue slip proc- two current judicial nominees. That The mechanisms we have for com- ess ensures that this consultative, con- hasn’t happened in over a decade— pletely evaluating nominees are today structive experience is the rule, not the since 2006. The American Bar Associa- being strained. The American Bar As- exception. It is unfortunate that this tion is not a partisan or a political sociation has been cut out of some of blue slip practice—this century-old tra- group. Founded in 1878, the ABA is a the White House’s efforts, its dition of the Judiciary Committee—is national professional organization with prenomination vetting process. That under sustained attack. I believe we over 400,000 attorney members. The means that when the ABA conducts an should maintain it for all Senators, in ABA’s uncontroversial objectives are evaluation and seeks feedback from a the best interests of this institution to serve its members, improve the legal candidate’s peers, they discover the and our Federal judiciary. profession, enhance diversity, and ad- nomination has already been an- Article III judges, as I have said, vance and secure the rule of law in our nounced by the White House. The can- serve with lifetime tenure. They decide Nation. Its contributions to the legal didate has already been chosen. Under- issues of civil rights, of personal free- profession are significant. It is the standably, lawyers are reluctant to dom, commercial disputes of enormous ABA that accredits law schools and es- provide candid feedback when they value, and even life and death. These tablishes model ethical codes. know a potential judge has already judges can and should, on occasion, Additionally, since 1953, when Presi- been nominated. Additionally, it is also serve as checks on Presidential dent Eisenhower invited the ABA to concerning that we have had hearings power overreach. Just in the past few provide specific, timely input on can- in the Judiciary Committee before the months, article III judges have en- didates for Federal judgeships, the ABA rating process is completed. When joined executive orders, including the ABA has evaluated nominees for pro- that happens, it prevents the ABA, our so-called travel ban, the transgender fessional competence, integrity, and professional organization of attorneys, military ban, and the decision to strip judicial temperament. This is a rig- from being called to testify to explain funding from sanctuary cities. orous process that involves collecting a ‘‘not qualified’’ rating at a hearing We should be advancing nominees impartial, peer-review evaluations of where a nominee is considered. In fact, who can earn broad support from Mem- candidates. just earlier today, we had two judicial bers of both parties, nominees with the It is startling that less than a year nominees listed on our agenda who do experience to handle some of the most into this administration, two nominees not yet have an ABA rating. complex and demanding judicial issues have already received ‘‘not qualified’’ I am not suggesting that every Sen- of our time, nominees who have dem- ratings from the ABA, and two more ator needs to vote in lockstep with the onstrated the temperament to admin- nominees are under consideration of ABA rating, but I feel strongly that the ister justice fairly. These nominations what is called a second evaluator. This ABA’s evaluation must be available to matter. The nominees who will fill the is concerning. You see, the ABA does Senators before they are asked to vote 140 current judicial vacancies on dis- not take giving a ‘‘not qualified’’ rat- on a nominee for a lifetime position as trict and circuit courts across our ing lightly. Any time an evaluator is a Federal judge. country will play a critical role in ei- considering recommending ‘‘not quali- Another tool that is under attack ther protecting or undermining the fied,’’ a second evaluator is brought in that is a century-old tradition of the constitutional rights that are the bed- to conduct an independent review. I be- Judiciary Committee is the so-called rock of our Republic. Our courts must lieve all nominees to lifetime article blue slip. This is a practice that allows continue to be the place where every- III appointments on the Federal bench the two home-State Senators to give a one is treated fairly and the legal should have the competence, integrity, positive or negative recommendation rights of our citizens can be vindicated. and temperament to do the important on a nominee before they receive a I wish to close by calling on my col- work that Federal judges are called on hearing and are considered for lifetime leagues to reconsider how we are con- to perform. tenure. It allows each Senator to ap- ducting the judicial nominee process. The nominees we are seeing not only prove the judicial nominations for va- This race to confirm as many nominees raise concerns about professional quali- cancies in their home States or in the as possible is not how we respect the fications and the speed with which circuit courts where a seat is tradition- rule of law—one of the most treasured they have been processed. Many of the ally associated with that home State. American values. President’s recent candidates are nota- By requiring that blue slips be re- I have come to the floor multiple ble for their polarizing, divisive, even turned before a nominee is considered, times since the beginning of this Con- offensive rhetoric, rather than the each Senator is afforded the courtesy gress to convey and speak about the depth of their legal experience or the to evaluate whether a judicial nominee importance of bipartisanship, and I will quality of their judicial temperament. will meet the needs of his or her con- continue to do that today. I will give just a few selections from a stituents and the priorities and values As we have seen in important public broad range. of their home State. It is an important policy matters, from the healthcare de- We have recently considered can- tool for ensuring that the White House bate to the current debate on tax re- didates on the Judiciary Committee of either party consults with Senators form, Republicans and Democrats need who had blogged at length in support about the judicial candidates the Presi- to work together to get things done. for birtherism, the discredited and un- dent is considering for nomination. In Purely partisan processes will not suc- true conspiracy theory that suggested the end, this tool promotes consensus ceed in this or future Congresses. We that our immediate past President candidates by ensuring all Senators’ have to work together to protect our wasn’t born in the United States. An- views are taken into account, without democracy and our rule of law. other suggested that ‘‘Mama Pelosi’’ respect to partisan registration. I would also like to note that today should be ‘‘gagged.’’ Another called Su- As a Senator from Delaware—a State Sam Clovis withdrew as a nominee for preme Court Justice Kennedy a ‘‘judi- with two current judicial vacancies in Chief Scientist at the USDA. cial prostitute,’’ compared abortion to one of the busiest district courts in I am not here to comment on any slavery, complained that Americans America, which only has four active connection to any ongoing investiga- overreacted to Sandy Hook, repeated judgeships—I have been focused on tions or other social issues but, rather, anti-gay slurs, and said transgender working collaboratively with the White would like to comment on a simple children are proof that ‘‘Satan’s plan is House in a productive manner that en- concern I have had since his nomina- working.’’ Many alarming, even ex- sures that my State gets qualified con- tion; namely, that Mr. Clovis is un- treme comments are in the records of sensus nominees from the White House. qualified to serve as Chief Scientist, folks brought forward for confirma- I am pleased to report that Senator lacking any professional training in tion—a startling number of them. CARPER and I have had a very positive the hard sciences. This is not just my Frankly, this isn’t about party alle- experience so far working with the opinion but a matter of statutory re- giance—being a Republican or a Demo- White House on these potential nomi- quirement. It is a requirement in stat- crat, being a conservative or a liberal. nations, and it is my hope that we will ute to have a background in science.

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.029 S02NOPT1 S6994 CONGRESSIONAL RECORD — SENATE November 2, 2017 Science is critically important to agri- Service, Class of Minister-Counselor, to dinary and Plenipotentiary of the culture, and this is another Federal be Ambassador Extraordinary and United States of America to the Repub- agency that depends on good science. Plenipotentiary of the United States of lic of Seychelles; Eric P. Whitaker, of Given the serious challenges facing America to the Islamic Republic of Illinois, a Career Member of the Senior America’s farmers and our food sys- Mauritania; Michele Jeanne Sison, of Foreign Service, Class of Counselor, to tem—from pollinator declines, to dete- Maryland, a Career Member of the Sen- be Ambassador Extraordinary and riorating soil health, to a changing cli- ior Foreign Service, Class of Career Plenipotentiary of the United States of mate—USDA’s science mission is ex- Minister, to be Ambassador Extraor- America to the Republic of Niger; tremely important. As someone whose dinary and Plenipotentiary of the Carla Sands, of California, to be Am- home State university has a vibrant United States of America to the Repub- bassador Extraordinary and Pleni- department of agriculture, as someone lic of Haiti; Jamie McCourt, of Cali- potentiary of the United States of who knows the very broad range of fornia, to be Ambassador Extraor- America to the Kingdom of Denmark; Federal funding for USDA that sup- dinary and Plenipotentiary of the Michael T. Evanoff, of Arkansas, to be ports agriculture-related scientific re- United States of America to the an Assistant Secretary of State (Diplo- search—the USDA is critical in helping French Republic, and to serve concur- matic Security); and Manisha Singh, of provide our farmers with the informa- rently and without additional com- Florida, to be an Assistant Secretary tion they need to improve plant and pensation as Ambassador Extraor- of State (Economic and Business Af- animal resilience, to be more effective dinary and Plenipotentiary of the fairs). stewards of the land, and to adopt new United States of America to the Princi- Thereupon, the Senate proceeded to technologies and practices on their pality of Monaco; Richard Duke consider the nominations en bloc. farms. This could all be at risk if the Buchan III, of Florida, to be Ambas- Mr. MCCONNELL. Mr. President, I agency’s head of science has no rel- sador Extraordinary and Pleni- ask unanimous consent that the Sen- evant scientific training and even re- potentiary of the United States of ate vote on the nominations en bloc jects current scientific thinking. America to the Kingdom of Spain, and with no intervening action or debate; I believe that science, not mere opin- to serve concurrently and without ad- that if confirmed, the motions to re- ion or partisan attitude, should under- ditional compensation as Ambassador consider be considered made and laid pin our decisions when it comes to our Extraordinary and Plenipotentiary of upon the table en bloc; that the Presi- Nation’s agricultural policy. the United States of America to An- dent be immediately notified of the It is my hope that the administration dorra; Larry Edward Andre, Jr., of Senate’s action; that no further mo- will now go back and recommend a Texas, a Career Member of the Senior tions be in order; and that any state- nominee who is scientifically trained Foreign Service, Class of Minister- ments relating to the nominations be and who cares deeply about the role of Counselor, to be Ambassador Extraor- printed in the RECORD. science in our Nation’s agriculture. dinary and Plenipotentiary of the The PRESIDING OFFICER. Without Mr. President, I yield the floor. United States of America to the Repub- objection, it is so ordered. I suggest the absence of a quorum. lic of Djibouti; Thomas L. Carter, of The question is, Will the Senate ad- The PRESIDING OFFICER. The South Carolina, for the rank of Ambas- vise and consent to the Barlerin, clerk will call the roll. sador during his tenure of service as Fitzpatrick, Dodman, Sison, McCourt, The bill clerk proceeded to call the Representative of the United States of Buchan, Andre, Carter, Fite, Foote, roll. America on the Council of the Inter- Juster, Kohorst, McMullen, Reimer, Mr. MCCONNELL. Mr. President, I national Civil Aviation Organization; Whitaker, Sands, Evanoff, and Singh ask unanimous consent that the order Nina Maria Fite, of Pennsylvania, a nominations en bloc? for the quorum call be rescinded. Career Member of the Senior Foreign The nominations were confirmed en The PRESIDING OFFICER. Without Service, Class of Minister-Counselor, to bloc. be Ambassador Extraordinary and objection, it is so ordered. f Plenipotentiary of the United States of f America to the Republic of Angola; EXECUTIVE CALENDAR EXECUTIVE SESSION Daniel L. Foote, of New York, a Career Mr. MCCONNELL. Mr. President, I Member of the Senior Foreign Service, ask unanimous consent that the Sen- Class of Minister-Counselor, to be Am- ate proceed to the consideration of the EXECUTIVE CALENDAR bassador Extraordinary and Pleni- following nomination: Executive Cal- Mr. MCCONNELL. Mr. President, I potentiary of the United States of endar No. 361. ask unanimous consent that the Sen- America to the Republic of Zambia; The PRESIDING OFFICER. Without ate proceed to executive session for the Kenneth Ian Juster, of New York, to be objection, it is so ordered. en bloc consideration of the following Ambassador Extraordinary and Pleni- The clerk will report the nomination. nominations: Executive Calendar Nos. potentiary of the United States of The bill clerk read the nomination of 409, 410, 411, 414, 415, 416, 417, 418, 419, America to the Republic of India; W. Steven E. Winberg, of Pennsylvania, to 420, 422, 423, 424, 425, 426, 427, 429, and Robert Kohorst, of California, to be be an Assistant Secretary of Energy 431. Ambassador Extraordinary and Pleni- (Fossil Energy). The PRESIDING OFFICER. Without potentiary of the United States of Thereupon, the Senate proceeded to objection, it is so ordered. America to the Republic of Croatia; consider the nomination. The clerk will report the nomina- Edward T. McMullen, Jr., of South Mr. MCCONNELL. Mr. President, I tions en bloc. Carolina, to be Ambassador Extraor- ask unanimous consent that the Sen- The bill clerk read the nominations dinary and Plenipotentiary of the ate vote on the nomination with no in- of Peter Henry Barlerin, of Colorado, a United States of America to the Swiss tervening action or debate; that if con- Career Member of the Senior Foreign Confederation, and to serve concur- firmed, the motion to reconsider be Service, Class of Counselor, to be Am- rently and without additional com- considered made and laid upon the bassador Extraordinary and Pleni- pensation as Ambassador Extraor- table; that the President be imme- potentiary of the United States of dinary and Plenipotentiary of the diately notified of the Senate’s action; America to the Republic of Cameroon; United States of America to the Princi- that no further motions be in order; Kathleen M. Fitzpatrick, of the Dis- pality of Liechtenstein; David Dale and that any statements relating to trict of Columbia, a Career Member of Reimer, of Ohio, a Career Member of the nomination be printed in the the Senior Foreign Service, Class of the Senior Foreign Service, Class of RECORD. Minister-Counselor, to be Ambassador Counselor, to be Ambassador Extraor- The PRESIDING OFFICER. Without Extraordinary and Plenipotentiary of dinary and Plenipotentiary of the objection, it is so ordered. the United States of America to the United States of America to the Repub- The question is, Will the Senate ad- Democratic Republic of Timor-Leste; lic of Mauritius, and to serve concur- vise and consent to the Winberg nomi- Michael James Dodman, of New York, rently and without additional com- nation? a Career Member of the Senior Foreign pensation as Ambassador Extraor- The nomination was confirmed.

VerDate Sep 11 2014 02:02 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.030 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6995 EXECUTIVE CALENDAR with no intervening action or debate; eral Counsel of the National Labor Re- Mr. MCCONNELL. Mr. President, I that if confirmed, the motions to re- lations Board for a term of four years. ask unanimous consent that the Sen- consider be considered made and laid CLOTURE MOTION ate proceed to the en bloc consider- upon the table en bloc; that the Presi- Mr. MCCONNELL. Mr. President, I ation of the following nominations: Ex- dent be immediately notified of the send a cloture motion to the desk. ecutive Calendar Nos. 295, 296, 323, 324, Senate’s action; that no further mo- The PRESIDING OFFICER. The clo- and 325. tions be in order; and that any state- ture motion having been presented The PRESIDING OFFICER. Without ments relating to the nominations be under rule XXII, the Chair directs the objection, it is so ordered. printed in the RECORD. clerk to read the motion. The clerk will report the nomina- The PRESIDING OFFICER. Without The bill clerk read as follows: tions en bloc. objection, it is so ordered. CLOTURE MOTION The bill clerk read the nominations The question is, Will the Senate ad- We, the undersigned Senators, in accord- of Paul Dabbar, of New York, to be vise and consent to the Fortson, Fauth, ance with the provisions of rule XXII of the Under Secretary for Science, Depart- and Puchala nominations en bloc? Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- ment of Energy; Mark Wesley Menezes, The nominations were confirmed en bloc. nation of Peter B. Robb, of Vermont, to be of Virginia, to be Under Secretary of General Counsel of the National Labor Rela- Energy; Richard Glick, of Virginia, to f tions Board for a term of four years. be a Member of the Federal Energy EXECUTIVE CALENDAR Mitch McConnell, Orrin G. Hatch, John Regulatory Commission for the term Barrasso, Johnny Isakson, Chuck expiring June 30, 2022; Kevin J. McIn- Mr. MCCONNELL. Mr. President, I Grassley, Thom Tillis, Lindsey Gra- tyre, of Virginia, to be a Member of the move to proceed to the consideration of ham, Roy Blunt, John Cornyn, John Federal Energy Regulatory Commis- Calendar No. 107, Steven Engel. Thune, John Boozman, Cory Gardner, Pat Roberts, Mike Crapo, Mike sion for the remainder of the term ex- The PRESIDING OFFICER. The question is on agreeing to the motion. Rounds, James M. Inhofe, John piring June 30, 2018; and Kevin J. McIn- Hoeven. tyre, of Virginia, to be a Member of the The motion was agreed to. Federal Energy Regulatory Commis- The PRESIDING OFFICER. The f sion for the term expiring June 30, 2023. clerk will report the nomination. LEGISLATIVE SESSION The bill clerk read the nomination of Thereupon, the Senate proceeded to Mr. MCCONNELL. Mr. President, I consider the nominations en bloc. Steven Andrew Engel, of the District of Columbia, to be an Assistant Attorney move to proceed to legislative session. Mr. MCCONNELL. Mr. President, I General. The PRESIDING OFFICER. The ask unanimous consent that the Sen- question is on agreeing to the motion. ate vote on the nominations en bloc CLOTURE MOTION The motion was agreed to. Mr. MCCONNELL. Mr. President, I with no intervening action or debate; f that if confirmed, the motions to re- send a cloture motion to the desk. consider be considered made and laid The PRESIDING OFFICER. The clo- EXECUTIVE SESSION upon the table en bloc; that the Presi- ture motion having been presented under rule XXII, the Chair directs the dent be immediately notified of the EXECUTIVE CALENDAR Senate’s action; that no further mo- clerk to read the motion. tions be in order; and that any state- The bill clerk read as follows: Mr. MCCONNELL. Mr. President, I ments relating to the nominations be CLOTURE MOTION move to proceed to executive session to printed in the RECORD. We, the undersigned Senators, in accord- consider Calendar No. 407, William The PRESIDING OFFICER. Without ance with the provisions of rule XXII of the Wehrum. objection, it is so ordered. Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The The question is, Will the Senate ad- move to bring to a close debate on the nomi- question is on agreeing to the motion. nation of Steven Andrew Engel, of the Dis- The motion was agreed to. vise and consent to the Dabbar, trict of Columbia, to be an Assistant Attor- The PRESIDING OFFICER. The Menezes, Glick, McIntyre, and McIn- ney General. clerk will report the nomination. tyre nominations en bloc? Mitch McConnell, Orrin G. Hatch, John The bill clerk read the nomination of The nominations were confirmed en Barrasso, Johnny Isakson, Chuck William L. Wehrum, of Delaware, to be bloc. Grassley, Thom Tillis, Lindsey Gra- an Assistant Administrator of the En- ham, Roy Blunt, John Cornyn, John f Thune, John Boozman, Cory Gardner, vironmental Protection Agency. EXECUTIVE CALENDAR Pat Roberts, Mike Crapo, Mike CLOTURE MOTION Rounds, James M. Inhofe, John Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I Hoeven. send a cloture motion to the desk. ask unanimous consent that the Sen- f The PRESIDING OFFICER. The clo- ate proceed to the en bloc consider- ture motion having been presented ation of the following nominations: Ex- LEGISLATIVE SESSION under rule XXII, the Chair directs the ecutive Calendar Nos. 378, 380, and 385. Mr. MCCONNELL. Mr. President, I clerk to read the motion. The PRESIDING OFFICER. Without move to proceed to legislative session. The bill clerk read as follows: objection, it is so ordered. The PRESIDING OFFICER. The CLOTURE MOTION The clerk will report the nomina- question is on agreeing to the motion. We, the undersigned Senators, in accord- tions en bloc. The motion was agreed to. ance with the provisions of rule XXII of the The bill clerk read the nominations f Standing Rules of the Senate, do hereby of Kyle Fortson, of the District of Co- move to bring to a close debate on the nomi- lumbia, to be a Member of the National EXECUTIVE SESSION nation of William L. Wehrum, of Delaware, Mediation Board for a term expiring to be an Assistant Administrator of the En- July 1, 2019; Gerald W. Fauth, of Vir- vironmental Protection Agency. ginia, to be a Member of the National EXECUTIVE CALENDAR Mitch McConnell, Orrin G. Hatch, Thom Tillis, John Barrasso, Johnny Isakson, Mediation Board for a term expiring Mr. MCCONNELL. Mr. President, I Chuck Grassley, Lindsey Graham, Roy July 1, 2020; and Linda A. Puchala, of move to proceed to executive session to Blunt, John Cornyn, John Thune, John Maryland, to be a Member of the Na- consider Calendar No. 384, Peter Robb. Boozman, Cory Gardner, Pat Roberts, tional Mediation Board for a term ex- The PRESIDING OFFICER. The Mike Crapo, Mike Rounds, James M. piring July 1, 2018. question is on agreeing to the motion. Inhofe, John Hoeven. Thereupon, the Senate proceeded to The motion was agreed to. f consider the nominations en bloc. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I clerk will report the nomination. LEGISLATIVE SESSION ask unanimous consent that the Sen- The bill clerk read the nomination of Mr. MCCONNELL. Mr. President, I ate vote on the nominations en bloc Peter B. Robb, of Vermont, to be Gen- move to proceed to legislative session.

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.032 S02NOPT1 S6996 CONGRESSIONAL RECORD — SENATE November 2, 2017 The PRESIDING OFFICER. The I rise to congratulate these three Federal bench. All of us receive letters question is on agreeing to the motion. successful women because their addi- from children who ask questions about: The motion was agreed to. tions to the Federal court system are What do you do in the U.S. Senate? f historic. They serve as more evidence Weeks like this one should be part of that well-qualified women are becom- our response. We empower those who EXECUTIVE SESSION ing more confident in stepping forward have empowered themselves regardless and serving our great Nation. of their gender. We shape our legal sys- Amy Coney Barrett, Joan Louise tem by filling it with qualified women EXECUTIVE CALENDAR Larsen, and Allison Eid are three more who are dedicated to preserving and cracks in that glass ceiling. Their con- Mr. MCCONNELL. Mr. President, I protecting our Constitution—the move to proceed to executive session to firmations are proof that successful framework of our free Nation. We pro- consider Calendar No. 159, Derek Kan. women can balance responsibility and claim that hard work is to be rewarded. The PRESIDING OFFICER. The seize opportunity when it knocks on These three important confirmations their doors. These accomplished nomi- question is on agreeing to the motion. are further proof that young women do nees are not joining the Federal bench The motion was agreed to. not have to choose between raising because of a frivolous attempt at try- The PRESIDING OFFICER. The families and rising to the top of their ing to balance out the gender disparity clerk will report the nomination. chosen professions. in our courts. They will be donning the The bill clerk read the nomination of I stand here today and send a mes- black robes because they will have Derek Kan, of California, to be Under sage to every little girl who wonders earned it. about politics and every young woman Secretary of Transportation for Policy. Amy Coney Barrett, our new judge who faces the challenges of starting CLOTURE MOTION for the Seventh Circuit, climbed to the out in her career: You can do this too. Mr. MCCONNELL. Mr. President, I ranks by clerking for Judge Laurence We love you, and we support you. Be send a cloture motion to the desk. Silberman on the DC Circuit and Jus- confident when you want to step for- The PRESIDING OFFICER. The clo- tice Scalia on the U.S. Supreme Court. ward and serve your community and ture motion having been presented In working with her husband, who is a under rule XXII, the Chair directs the successful lawyer in his own right, she serve your country. clerk to read the motion. has balanced family responsibilities The judicial nominees who were The bill clerk read as follows: while having achieved personal suc- voted on this week exemplify the best of our Nation’s legal community. Their CLOTURE MOTION cess. At the age of 30, she was hired as a professor at one of the Nation’s best confirmations to the Federal bench We, the undersigned Senators, in accord- have added significant talent to our ance with the provisions of rule XXII of the law programs, Notre Dame. Over the Standing Rules of the Senate, do hereby past 6 years, she has sat on the Advi- Nation’s system of justice. The work move to bring to a close debate on the nomi- sory Committee on Federal Rules of being done by the President and by this nation of Derek Kan, of California, to be Appellate Procedure on the rec- Senate in shaping the Federal courts Under Secretary of Transportation for Pol- ommendation of Chief Justice Roberts. with those who will follow the rule of icy. Joan Louise Larsen, the next U.S. law is historic. President Trump should Mitch McConnell, Orrin G. Hatch, John circuit judge for the Sixth Circuit, is be applauded for nominating such well- Barrasso, Johnny Isakson, Chuck proof that hard work pays off. After qualified people to be on the Federal Grassley, Thom Tillis, Lindsey Gra- bench. ham, Roy Blunt, John Cornyn, John graduating at the top of her class from Thune, John Boozman, Cory Gardner, Northwestern, Judge Larsen clerked All of the nominees voted on this Pat Roberts, Mike Crapo, Mike for Justice Scalia on the U.S. Supreme week will make exceptional additions Rounds, James M. Inhofe, John Court before serving as a Deputy As- to the Federal bench, and I hope that Hoeven. sistant Attorney General in the U.S. the President will send many more like Mr. MCCONNELL. Mr. President, I Department of Justice, Office of Legal them for us to consider. All four are de- ask unanimous consent that the man- Counsel. She most recently sat on the serving of their new positions, and I am datory quorum calls with respect to highest court in her State, the Su- sure that they will honor and protect the cloture motions be waived. preme Court of Michigan. She has done the Constitution and serve the Amer- The PRESIDING OFFICER. Without this while raising two children with ican people well as good judges. objection, it is so ordered. her law professor husband. I yield the floor. ORDER OF PROCEDURE Allison Eid, the newest judge for the I suggest the absence of a quorum. Tenth Circuit, has demonstrated bril- The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I liance throughout her career. After ask unanimous consent that notwith- clerk will call the roll. graduating from Stanford, she worked standing the provisions of rule XXII, The senior assistant legislative clerk as an assistant speechwriter for Wil- the pending cloture motions ripen at proceeded to call the roll. liam Bennett, President Reagan’s Sec- 5:30 p.m. on Monday, November 6. I fur- Mrs. FISCHER. Mr. President, I ask retary of Education. After graduating ther ask that at 11 a.m. on Tuesday, unanimous consent that the order for from law school with honors, she November 7, the Senate proceed to the the quorum call be rescinded. clerked for Justice Clarence Thomas of consideration of Executive Calendar The PRESIDING OFFICER. Without the U.S. Supreme Court. She has No. 247, as under the previous order. objection, it is so ordered. served with distinction on the Colorado The PRESIDING OFFICER. Without Supreme Court since 2006. With her f objection, it is so ordered. husband, Troy, the first Egyptian Mr. MCCONNELL. For the informa- American to serve as a U.S. district at- LEGISLATIVE SESSION tion of all Senators, there will be a clo- torney, she has helped to raise two ture vote on the Engel nomination at children. 5:30 p.m. on Monday. The Senate will These three successful women should MORNING BUSINESS vote on the Gibson nomination at 12 serve as role models to girls and boys noon on Tuesday. across this Nation. They are proof that Mrs. FISCHER. Mr. President, I ask The PRESIDING OFFICER. The Sen- women do not need to stand back while unanimous consent that the Senate ator from Nebraska. others find success, and their confirma- proceed to legislative session for a pe- CONFIRMATIONS OF AMY BARRETT, JOAN tions are evidence that, when women riod of morning business, with Sen- LARSEN, AND ALLISON EID support each other, they will achieve ators permitted to speak therein for up Mrs. FISCHER. Mr. President, al- at the highest level. They also dem- to 10 minutes each. though nearly half of those graduating onstrate the power of families when The PRESIDING OFFICER. Without from law school are women, only about they work together to accomplish objection, it is so ordered. a third of the Federal judges are fe- goals. (At the request of Mr. SCHUMER, the male. This week, we had the honor of We should be proud to have con- following statement was ordered to be adding three more. firmed these three great women to the printed in the RECORD)

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.041 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6997 VOTE EXPLANATION TRANSMITTAL NO. 17–22 The prime contractor for construction, cy- ∑ Notice of Proposed Issuance of Letter of bersecurity, and force protection infrastruc- Mr. MENENDEZ. Mr. President, I ture will be determined through competi- was unavailable for rollcall vote No. Offer Pursuant to Section 36(b)(1) Of the Arms Export Control Act, as amended tion. The purchaser typically requests off- 259, on the nomination of Allison Eid, sets. Any offset agreement will be defined in (i) Prospective Purchaser: Government of of Colorado, to be U.S. circuit judge for negotiations between the purchaser and the Qatar contractor. the Tenth Circuit. Had I been present, (ii) Total Estimated Value: Implementation of the construction, cy- I would have voted nay. Major Defense Equipment* $ 0 billion. bersecurity, and force protection aspects of Mr. President, I was unavailable for Other $ 1.1 billion. this notification include the establishment rollcall vote No. 260, on the motion to TOTAL $ 1.1 billion. of a construction office in Doha with as (iii) Description and Quantity or Quan- invoke cloture on Stephanos Bibas, of many as ten (10) U.S. Government civilians tities of Articles or Services under Consider- Pennsylvania, to be U.S. circuit judge which will adjust in size as case workload ation for Purchase: for the Third Circuit. Had I been varies. Anticipated contractor footprint for Major Defense Equipment (MDE): None present, I would have voted nay. this effort is approximately fifteen (15) to Non-MDE: Design and construction serv- fifty (50) personnel, which may vary based on Mr. President, I was unavailable for ices, new parking/loading ramps, hot cargo phases of construction and establishment of rollcall vote No. 261, on the nomination pads, taxiways, hangars, back shops, alert fa- required services. of Stephanos Bibas, of Pennsylvania, to cilities, weapons storage areas, hardened There will be no adverse impact to U.S. de- be U.S. circuit judge for the Third Cir- shelters, squadron operations facilities, fense readiness as a result of this proposed maintenance facilities, training facilities, cuit. Had I been present, I would have sale. voted nay.∑ information technology support and cyber facilities, force protection support facilities, f f squadron operations facilities, other F–15QA HEALTHCARE related support structures, construction/fa- VOTE EXPLANATION cilities/design services, cybersecurity serv- Mr. ALEXANDER. Mr. President, I Mr. DONNELLY. Mr. President, ear- ices, mission critical computer resources, ask unanimous consent to have printed support services, force protection services, in the RECORD a copy of the article, lier today, on rollcall vote No. 260, the and other related elements of logistics and motion to invoke cloture on Stephanos ‘‘More ACA Plans to Come With No program support. Premiums in 2018,’’ by Anna Wilde Bibas, of Pennsylvania, to be U.S. cir- (iv) Military Department: Air Force (X7–D– cuit judge for the Third District, I QAL). Mathews and Christopher Weaver that voted yea when I had intended to vote (v) Prior Related Cases, if any: was published in the Wall Street Jour- nay. Air Force: QA–D–SAC, QA–D–TAH, QA–D– nal on October 27, 2017. YAB. There being no objection, the mate- f Navy: QA–P–AAG, QA–P–AAE, QA–P-AAH, rial was ordered to be printed in the QA–P–LAC, QA–P–LAE. RECORD, as follows: ARMS SALES NOTIFICATION (vi) Sales Commission, Fee, etc., Paid, Of- MORE ACA PLANS TO COME WITH NO fered. or Agreed to be Paid: None. Mr. CORKER. Mr. President, section PREMIUMS IN 2018 (vii) Sensitivity of Technology Contained 36(b) of the Arms Export Control Act in the Defense Article or Defense Services Insurers selling Affordable Care Act plans requires that Congress receive prior no- Proposed to be Sold: None. have a compelling new pitch: free health in- tification of certain proposed arms (viii) Date Report Delivered to Congress: surance. sales as defined by that statute. Upon November 1, 2017. When sales of plans on the law’s exchanges such notification, the Congress has 30 *As defined in Section 47(6) of the Arms begin Nov. 1, a growing number of consumers calendar days during which the sale Export Control Act. around the country will be able to get cov- erage for 2018 without paying any monthly POLICY JUSTIFICATION may be reviewed. The provision stipu- premium, according to health insurers and lates that, in the Senate, the notifica- Qatar—F–15QA Construction, Cybersecurity, an analysis of newly available federal data. tion of proposed sales shall be sent to and Force Protection Infrastructure In nearly all of the 2,722 counties included the chairman of the Senate Foreign The Government of Qatar has requested in the data, some consumers will be able to Relations Committee. support of its F–15QA multi-role fighter air- obtain free health insurance because they In keeping with the committee’s in- craft program to include design and con- qualify for larger federal premium subsidies tention to see that relevant informa- struction services, new parking/loading that cover the full cost of a plan, according tion is available to the full Senate, I ramps, hot cargo pads, taxiways, hangars, to the new analysis. back shops, alert facilities, weapons storage The growing availability of no-premium ask unanimous consent to have printed areas, hardened shelters, squadron oper- plans is a side effect of a decision by Presi- in the RECORD the notifications which ations facilities, maintenance facilities, dent Donald Trump’s administration to end have been received. If the cover letter training facilities, information technology federal payments that are used to reduce references a classified annex, then such support and cyber facilities, force protection out-of-pocket costs, such as deductibles, for annex is available to all Senators in support facilities, squadron operations facili- low-income enrollees. The administration the office of the Foreign Relations ties, other F–15QA related support struc- didn’t halt—and indirectly bolstered—the Committee, room SD–423. tures, construction/facilities/design services, federal subsidies that help consumers with There being no objection, the mate- cybersecurity services, mission critical com- their insurance premiums. puter resources, support services, force pro- The new analysis doesn’t project exactly rial was ordered to be printed in the tection services, and other related elements how many consumers could be eligible for RECORD, as follows: of logistics and program support. The esti- the no-premium plans, a figure that depends DEFENSE SECURITY mated cost is $1.1 billion. on variables including people’s income, COOPERATION AGENCY, This proposed sale supports the foreign household size, age, location and access to Arlington, VA. policy and national security objectives of other types of health coverage. Hon. BOB CORKER, the United States. Qatar is an important In the coming weeks, insurers are gearing Chairman, Committee on Foreign Relations, force for political stability and economic up to promote the no-premium option. Amid U.S. Senate, Washington, DC. progress in the Persian Gulf region. Our mu- uncertainty about the future of the 2010 DEAR MR. CHAIRMAN: Pursuant to the re- tual defense interests anchor our relation- health law, known as Obamacare, many in- porting requirements of Section 36(b)(1) of ship and the Qatar Emiri Air Force (QEAF) surers have pulled back from the law’s mar- the Arms Export Control Act, as amended, plays a predominant role in Qatar’s defense. ketplaces. Many of the remaining ones are we are forwarding herewith Transmittal No. The proposed sale improves Qatar’s capa- worried about losing enrollment next year— 17–22, concerning the Department of the Air bility to operate and sustain its F–15QA air- largely among consumers who aren’t eligible Force’s proposed Letter(s) of Offer and Ac- craft. A robust construction, cybersecurity, for subsidies and won’t be able to get pre- ceptance to the Government of Qatar for de- and force protection infrastructure is vital mium-free plans. fense articles and services estimated to cost to ensuring the QEAF partners can utilize Insurers hope the no-premium insurance $1.1 billion. After this letter is delivered to the F–15QA aircraft to its full potential. draws in more enrollees, particularly those your office, we plan to issue a news release Qatar will have no difficulty absorbing this they need most: people with few health to notify the public of this proposed sale. support into its armed forces. needs. Healthy consumers help bolster the Sincerely, The proposed sale of this construction, cy- stability of the market by balancing out the CHARLES W. HOOPER, Lieutenant bersecurity, and force protection infrastruc- health costs of sicker enrollees. General, USA, Director. ture will not alter the basic military balance ‘‘We absolutely will be promoting this op- Enclosures. in the region. portunity to get coverage at a zero price,’’

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.027 S02NOPT1 S6998 CONGRESSIONAL RECORD — SENATE November 2, 2017 said Wendy Curran, a spokeswoman for Blue sponsible for the full brunt of steep rate in- grams for children that focus on men- Cross Blue Shield of Wyoming, which is men- creases, though they may be able to mitigate toring, developing leadership skills, en- tioning the no-premium plans in print, radio the impact by staying away from silver couraging community service, and and social-media advertising. ‘‘We hope plans. building self-esteem. She believes those younger people will say, ‘Well yeah, if For those who can get free plans, the lure it’s not going to cost me anything, sure.’ ’’ may be irresistible. ‘‘Children are the sunshine in our lives. Ms. Curran said it was ‘‘astounding even to Medica, an insurer that is offering ex- If we don’t take care of our children, us’’ how many people will be able to get no- change plans in states including Iowa, Ne- our world will be without sunshine.’’ premium insurance in Wyoming. braska and Wisconsin, is running ads in some Her parents raised her with a deep The no-premium plans will also receive a places that say ‘‘$0 premium plans for indi- understanding of the importance of hefty promotional push from insurance viduals who qualify.’’ It is also sending let- giving back. While growing up, her par- agents. EHealth Inc. and HealthMarkets ters to some current exchange enrollees with ents always lent a helping hand and Inc., both big national agencies, said they’re bronze plans, who are likely to be enrolled preparing to highlight the option in adver- opened their homes to individuals in with Medica in 2018, informing them that need. Throughout her life, she has tried tising and other outreach. they can stop paying premiums next year. ‘‘It’s just the idea of something free being ‘‘That’s a nice letter to get,’’ said Geoff to follow their example. For nearly 30 really appealing,’’ said Nate Purpura, a vice Bartsh, a vice president at Medica. years, she and her husband, Mick president at eHealth. The company’s surveys Jerry Dworak, chief executive of Montana McMurry, were foster parents. They have consistently shown that price is the Health Co-op, said, ‘‘of course we’re hoping provided a safe and caring home for most important factor in consumers’ choice that’’ young and healthy enrollees flock to of plan, he said. hundreds of children in Wyoming. Availability will vary by age and income, the no-premium plans. Susie is a strong, compassionate, and but some enrollees who don’t have a very low ‘‘If they see that it’s free, why not take caring woman. In 1946, she was born in income may be able to land zero-premium it?,’’ he said. Casper at Memorial Hospital of coverage, according to the analysis of federal Mr. Dworak said that a person making as much as $33,000 a year could get one of his Natrona County. She called both Elk data conducted by consulting firm Oliver Mountain and Hanna home before even- Wyman, a unit of Marsh & McLennan. company’s Idaho plans and pay no premium. The firm found that zero-premium ACA ex- The plans may attract more older con- tually moving to Casper. Susie discov- change plans would be available next year to sumers than younger because premiums and ered her calling to help children early at least some consumers in a total of 2,692 subsidies rise with age, making free plans in life. She studied elementary edu- counties, out of 2,722 in the study. more available to older people. cation at Casper College and the Uni- A 60-year-old making about $36,000 a year And for some, the zero-premium plans versity of Wyoming. After graduation, could find free 2018 plans in 1,590 counties, won’t actually be the best deal, insurers and she returned to Casper and taught first while one with income of about $48,000 could insurance agents say. The silver plans could be cheaper overall for people who use much grade at Crest Hill Elementary School. do so in 654 counties, according to the anal- She met her husband of 41 years, ysis, which used data released Wednesday for health care, despite their higher premium plans available on HealthCare.gov, the fed- costs, if these people are eligible for the Mick McMurry, in Casper. On Decem- eral marketplace used by 39 states. health law’s cost sharing help. ber 21, 1973, Susie and Mick McMurry For 2017, no-premium plans were available According to HealthCare.gov, for instance, were married in Glenrock, WY. A few in many places for the very lowest-income a 40–year-old man in Cheyenne, Wyo., who years later, they adopted their daugh- enrollees, but for those at slightly higher makes about $24,000 a year could get a zero- ter, Trudi, and Susie retired from levels, they were much more scarce. For in- premium bronze plan, but he could pay as teaching. In 1979, Susie and Mick be- stance, in 2017, a 60-year-old making about much as $6,650 over the course of 2018 in came foster parents. Their second $36,000 could find free plans in about 300 of deductibles and other out-of-pocket charges. the counties. Or he could get a silver plan that would cost daughter, Jillian, was adopted from the That is what is different in 2018, said Kurt him around $125 a month, but cap his out-of- foster program. Susie has eight grand- Giesa, a partner at Oliver Wyman. The zero- pocket costs at $2,450. children: Lou Davis, Tayla Davis, Tillie premium plans are ‘‘much more prevalent ‘‘There’s this trade-off,’’ said Michael Z. Holthouse, Ellie Holthouse, Evie now than they were,’’ he said. Stahl, a senior vice president at Kaschmitter, Lily Kaschmitter, Max In California, which isn’t included in the HealthMarkets, who said the company’s Kaschmitter, and Andrew Kaschmitter. federal data, consumers must pay a minimal agents will walk through the pros and cons She also has one great-grandchild, Neil $1 a month. But there is a ‘‘huge increase with clients. from last year’’ in the number of people who Campbell. In 2015, Susie, the McMurry will be able to buy virtually free plans, said f family, Casper, and the State of Wyo- Peter V. Lee, executive director of Covered ming mourned the loss of her husband, TRIBUTE TO SUSIE MCMURRY California, the state’s ACA exchange. Cov- Mick. Susie’s compassion and strength ered California currently has about 1.1 mil- Mr. BARRASSO. Mr. President, continues to guide her family and our lion enrollees who receive federal-premium today I wish to honor Susie McMurry. community. subsidies, and more than half of them will be On November 10, 2017, the Greater The McMurry family has a remark- able to buy a plan for $1 for 2018, he said. Wyoming Council of the Boy Scouts of The growing availability of no-premium able history of helping people across plans is tied to the complicated dynamics of America will hold their annual the State of Wyoming. Susie explained, the 2010 health law, as well as a recent move ‘‘Strength of America Banquet’’ and ‘‘One of our goals is to teach the by the GOP president. celebrate Susie McMurry, a remark- younger generation how to give back, Under the law’s rules, subsidies that help able Wyoming philanthropist. Every how to participate, and love making a pay for premiums are available to people year at this event, the council honors difference.’’ Mick and Susie established making up to about $48,000 a year. Those sub- an individual who made invaluable the McMurry Foundation in 1998 with a sidy amounts are linked to the cost of the contributions to the community and second-cheapest silver plan in an enrollee’s mission to make a significant and ben- location. So, when silver premiums go up, demonstrates the values of the Scout eficial impact on the lives of others. subsidies go up. oath and law. Guided by the values of excellence and Earlier this month, Mr. Trump’s adminis- Susie McMurry is a perfect choice to compassion, the foundation has award- tration cut off federal payments to insurers receive this special recognition. She is ed more than $50 million since it was for covering certain out-of-pocket costs for a role model in our community and established. It focuses on education, re- low-income enrollees in silver plans. In re- truly represents a spirit of citizenship, ligion, children and advocacy for chil- sponse, insurers raised premiums on their leadership, and service. Throughout dren, health and human resources, the 2018 policies sharply to cover the extra ex- pense, now coming out of their pockets—and her life, Susie has always demonstrated arts and humanities, and favorable in many cases, they loaded the extra boost an enduring devotion to God, her fam- business environments. only onto the silver plans. ily, and Wyoming. She loves her fam- Buildings across the State bear the Because the separate premium subsidies, ily. She loves her home State of Wyo- McMurry name as a mark of gratitude which Mr. Trump didn’t cut, are linked to ming. She loves her country. for their wonderful support. The num- silver-plan prices, those subsidies are rising, She truly exemplifies the Scout ber of places in Wyoming that have too. In many states, the costs for cheaper promise ‘‘to help other people at all benefited from the contributions of the bronze plans are going up much less rapidly times.’’ Should an opportunity arise to McMurry family is incredible, but one than silver plans, so many more people will wind up being eligible for no-premium plans. improve the life of a child, Susie is the organization especially dear to Susie is On the flip side, those who don’t get pre- first to offer her assistance, time, and the Wyoming Medical Center. Susie mium subsidies under the 2010 law may be re- resources. Susie strongly supports pro- has spent a tremendous number of

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.030 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S6999 hours volunteering her time and tal- When I served as Missouri Secretary use of solar and geothermal energy ini- ents to the benefit of everyone who of State, I had the opportunity to sign tiatives. In 2011, Minnesota National comes through the doors. She feels the first articles of incorporation for Guard facilities set a goal to reduce en- that the health of a community is di- MASFAP. Today I thank the associa- ergy consumption by 3 percent. Forty- rectly tied to the health of its people. tion and all its members for their work one Minnesota National Guard armor- The values that Susie and the and congratulate them on their 50th ies participated in this program and McMurry Foundation promote go hand anniversary.∑ energy consumption was reduced by an in hand with the mission of the Boy f average of 5.4 percent year over year Scouts of America. They both work to through the use of geothermal and ensure youth have the knowledge and TRIBUTE TO MAJOR GENERAL solar thermal heating, water reuse, skills needed to become future leaders RICHARD C. NASH solid waste recycling, as well as nat- of Wyoming. Their continued focus on ∑ Mr. FRANKEN. Mr. President, today ural and LED lighting. Furthermore, education, leadership, and community I wish to recognize and celebrate the all new construction projects under service will serve these young people career of Minnesota Adjutant General Major General Nash’s leadership have and our State for generations. Richard C. Nash. Major General Nash been designed to LEED standards. Susie’s kindness, generosity, and retired on October 31st, after leading These developments are so important grace are true reflections of her char- the Minnesota National Guard for the because they reduce the Guard’s reli- acter. She believes that fulfillment in past 7 years. His leadership has ensured ance on fossil fuels and foreign oil, sup- life comes from making a difference in the excellence of the Minnesota Na- port jobs in the local economy, and re- the lives of others. Whether it is volun- tional Guard. duce energy costs for the Guard, allow- teering at the Wyoming Medical Center Major General Nash enlisted in the ing them to invest more in our civilian to support patients and families or infantry in 1972 and quickly rose soldier’s readiness, training, and edu- raising funds for the Boys and Girls through the ranks, earning a commis- cation. The work Major General Nash Club of Central Wyoming, she has made sion as a second lieutenant following has done to prepare for future energy a huge difference in the lives of so completion of officer candidate school. and sustainability challenges has en- many people. Susie continues to have a Since then, he has commanded at all sured that the Minnesota National positive and lasting mark on our com- levels, starting as a company level Guard will continue to lead the coun- munity. commander and rising to lead the U.S. try on the battlefield and at home. It is with great honor that I recog- Divisions-South supporting Operation Finally, I want to note with my grat- nize this exceptional member of our Iraqi Freedom in 2010. itude Major General Nash’s many years Wyoming community. My wife, Bobbi, In November of 2010, Major General of service as a judge in my annual po- joins me in extending our congratula- Nash was appointed by Governor Tim etry contest that allows Minnesota tions to Susie McMurry for receiving Pawlenty to be the adjutant general of students to write about a military vet- eran who has made a difference in their this honorable distinction. the Minnesota National Guard. In this lives. Each year, he spends hours read- f role, he has skillfully commanded Min- ing these heartfelt poems and helping nesota’s Army and Air National Guard ADDITIONAL STATEMENTS me decide which ones will hang in my units not only in missions in Min- Senate office. nesota, but also as they have served I would like to extend my best wishes 50TH ANNIVERSARY OF MISSOURI across the globe, in places such as Iraq, to Major General Nash upon his retire- ASSOCIATION OF STUDENT FI- the Sinai Peninsula, and the Baltics. ment and wish him the best of luck in NANCIAL AID PERSONNEL Under Major General Nash’s steward- his future endeavors. Thank you, Gen- ∑ Mr. BLUNT. Mr. President, I rise ship, the Minnesota National Guard eral Nash. Your service to our Nation today to congratulate the Missouri As- has performed every mission reliably and our State has been indispensable sociation of Student Financial Aid Per- and with distinction. and invaluable. Above all, it has made sonnel, MASFAP, which is celebrating I have had the honor of working a difference to the men and women who its 50th anniversary. MASFAP orga- closely with Major General Nash dur- served under you. nized in 1967 with a steering committee ing my time in office. He has been a Thank you.∑ of five members. Today the association tireless advocate for the Guard on f has grown to over 800 members. The ob- issues ranging from installations, to servance of MASFAP’s 50th anniver- the Guard’s renewable energy use, to MESSAGES FROM THE PRESIDENT sary provides an opportunity to recog- the important task of ensuring the Messages from the President of the nize the work of Missouri’s student fi- Guard’s annual priorities are met. One United States were communicated to nancial aid personnel and the associa- area I worked particularly closely with the Senate by Ms. Cuccia, one of his tion’s partnerships and to raise aware- Major General Nash on has been our ef- secretaries. ness about the affordability of a post- forts to expand medical, education, and f retirement benefits that had been pre- secondary education. EXECUTIVE MESSAGES REFERRED MASFAP is a dynamic association viously denied to National Guard sol- dedicated to serving and advocating for diers deployed under the 12304b author- As in executive session the Presiding practitioners, users, and providers of ity. Major General Nash has been a Officer laid before the Senate messages student financial aid programs. Most strong voice on this issue, and his work from the President of the United families and students are aware of stu- was critical to my efforts to enact bi- States submitting sundry nominations dent financial aid programs because partisan legislation to ensure Min- which were referred to the appropriate they provide valuable funds to assist in nesota Guardsmen and Reservists have committees. (The messages received today are the costs of a postsecondary education, access to these services. Our veterans printed at the end of the Senate pro- without which many would be unable have earned these benefits through ceedings.) to achieve their education goals. their service and sacrifice to our coun- As a former high school teacher and try, and they should not be denied f university president, I know how fortu- those benefits. MESSAGES FROM THE HOUSE nate it is for Missouri to have so many In addition to his exemplary leader- At 11:01 a.m., a message from the great post-secondary education op- ship of the Minnesota Guard’s service House of Representatives, delivered by tions. With the assistance of student fi- in missions foreign and domestic, Mrs. Cole, one of its reading clerks, an- nancial aid administrators throughout Major General Nash deserves special nounced that the House has passed the Missouri, students are learning about recognition for his work preparing the following bills, in which it requests the the resources available to help them force for future energy and sustain- concurrence of the Senate: attend one of the great schools of their ability challenges. In particular, his H.R. 425. An act to authorize the revoca- choice. As a result, students are get- work developing the Minnesota Guard’s tion or denial of passports to individuals af- ting the education and training they sustainable infrastructure has made filiated with foreign terrorist organizations, need to succeed. the Minnesota Guard a pioneer in the and for other purposes.

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G02NO6.034 S02NOPT1 S7000 CONGRESSIONAL RECORD — SENATE November 2, 2017 H.R. 1074. An act to repeal the Act entitled MEASURES REFERRED Agency, transmitting, pursuant to law, a re- ‘‘An Act to confer jurisdiction on the State port entitled ‘‘Mississippi River/Gulf of Mex- of Iowa over offenses committed by or The following bills were read the first ico Watershed Nutrient Task Force: 2017 Re- against Indians on the Sac and Fox Indian and the second times by unanimous port to Congress’’; to the Committee on En- Reservation’’. consent, and referred as indicated: vironment and Public Works. H.R. 1488. An act to retitle Indiana Dunes H.R. 425. An act to authorize the revoca- EC–3375. A communication from the Dep- National Lakeshore as Indiana Dunes Na- tion or denial of passports to individuals af- uty Assistant Secretary, Legislative Affairs, tional Park, and for other purposes. filiated with foreign terrorist organizations, Department of State, transmitting, pursuant H.R. 1585. An act to amend the Securities and for other purposes; to the Committee on to section 36(d) of the Arms Export Control Act of 1933 to codify certain qualifications of Foreign Relations. Act, the certification of a proposed license individuals as accredited investors for pur- H.R. 1074. An act to repeal the Act entitled for the export of defense articles, including poses of the securities laws. ‘‘An Act to confer jurisdiction on the State technical data, defense services, and manu- H.R. 2600. An act to provide for the convey- of Iowa over offenses committed by or facturing know-how to the Republic of Korea ance to the State of Iowa of the reversionary against Indians on the Sac and Fox Indian to support the design and manufacture of interest held by the United States in certain Reservation’’; to the Committee on Indian Programmers and Digital Cockpit Display land in Pottawattamie County, Iowa, and for Affairs. Units for ALE–47(V) Threat Adaptive Coun- other purposes. H.R. 1488. An act to retitle Indiana Dunes termeasures Dispenser System (TACDS) to H.R. 2936. An act to expedite under the Na- National Lakeshore as Indiana Dunes Na- be used in Korean Utility Helicopters of the tional Environmental Policy Act of 1969 and tional Park, and for other purposes; to the South Korean Army in the amount of improve forest management activities on Committee on Energy and Natural Re- $33,200,000 or more (Transmittal No. DDTC National Forest System lands, on public sources. 17–022); to the Committee on Foreign Rela- H.R. 1585. An act to amend the Securities lands under the jurisdiction of the Bureau of tions. Act of 1933 to codify certain qualifications of Land Management, and on Tribal lands to re- EC–3376. A communication from the Dep- individuals as accredited investors for pur- turn resilience to overgrown, fire-prone for- uty Assistant Secretary, Legislative Affairs, poses of the securities laws; to the Com- ested lands, and for other purposes. Department of State, transmitting, pursuant mittee on Banking, Housing, and Urban Af- to section 36(d) of the Arms Export Control H.R. 3279. An act to amend the Mineral fairs. Act, the certification of a proposed license Leasing Act to provide that extraction of he- H.R. 2600. An act to provide for the convey- for the export of defense articles, including lium from gas produced under a Federal min- ance to the State of Iowa of the reversionary technical data, defense services, and manu- eral lease shall maintain the lease as if the interest held by the United States in certain facturing know-how to Canada to support helium were oil and gas. land in Pottawattamie County, Iowa, and for the manufacture and delivery of constituent H.R. 3903. An act to amend the Securities other purposes; to the Committee on Energy material of plasma spray powder for use in Act of 1933 to expand the ability to use test- and Natural Resources. certain U.S. military ceramic coatings in the ing the waters and confidential draft reg- H.R. 2936. An act to expedite under the Na- amount of $57,000,000 or more (Transmittal istration submissions, and for other pur- tional Environmental Policy Act of 1969 and No. DDTC 17–026); to the Committee on For- poses. improve forest management activities on eign Relations. The message also announced that the National Forest System lands, on public EC–3377. A communication from the Dep- House has agreed to the following con- lands under the jurisdiction of the Bureau of uty Assistant Secretary, Legislative Affairs, current resolution, in which it requests Land Management, and on Tribal lands to re- Department of State, transmitting, pursuant the concurrence of the Senate: turn resilience to overgrown, fire-prone for- to section 36(c) of the Arms Export Control ested lands, and for other purposes; to the Act, the certification of a proposed license H. Con. Res. 43. Concurrent resolution pro- Committee on Agriculture, Nutrition, and for the export of firearms and accessories viding official recognition of the massacre of Forestry. abroad controlled under Category I of the 11 African-American soldiers of the 333rd H.R. 3279. An act to amend the Mineral United States Munitions List of various cal- Field Artillery Battalion of the United Leasing Act to provide that extraction of he- iber finished replacement barrels and various States Army who have been captured in lium from gas produced under a Federal min- caliber rifle barrel blanks for commercial re- Wereth, Belgium, during the Battle of the eral lease shall maintain the lease as if the sale to Canada in the amount of $1,000,000 or Bulge on December 17, 1944. helium were oil and gas; to the Committee more (Transmittal No. DDTC 17–081); to the on Energy and Natural Resources. Committee on Foreign Relations. At 12:30 p.m., a message from the H.R. 3903. An act to amend the Securities EC–3378. A communication from the Chair- House of Representatives, delivered by Act of 1933 to expand the ability to use test- man of the National Credit Union Adminis- Mrs. Cole, one of its reading clerks, an- ing the waters and confidential draft reg- tration, transmitting, pursuant to law, the nounced that the House has agreed to istration submissions, and for other pur- semi-annual report of the Inspector General poses; to the Committee on Banking, Hous- the following concurrent resolution: for the period from April 1, 2017 through Sep- ing, and Urban Affairs. tember 30, 2017; to the Committee on Home- S. Con. Res. 28. Concurrent resolution pro- The following concurrent resolution land Security and Governmental Affairs. viding for a correction in the enrollment of was read, and referred as indicated: EC–3379. A communication from the Sec- S. 782. retary of Veterans Affairs, transmitting pro- H. Con. Res. 43. Concurrent resolution pro- posed legislation entitled ‘‘Veteran Coordi- ENROLLED BILL SIGNED viding official recognition of the massacre of nated Access and Rewarding Experiences The President pro tempore (Mr. 11 African-American soldiers of the 333rd (CARE) Act’’; to the Committee on Veterans’ HATCH) announced that on today, No- Field Artillery Battalion of the United Affairs. vember 2, 2017, he has signed the fol- States Army who had been captured in lowing enrolled bill, which was pre- Wereth, Belgium, during the Battle of the f viously signed by the Speaker of the Bulge on December 17, 1944; to the Com- REPORTS OF COMMITTEES House: mittee on Armed Services. f The following reports of committees H.R. 1329. An act to increase, effective as of were submitted: December 1, 2017, the rates of compensation EXECUTIVE AND OTHER By Mr. GRASSLEY, from the Committee for veterans with service-connected disabil- COMMUNICATIONS on the Judiciary, without amendment: ities and the rates of dependency and indem- The following communications were S. 807. A bill to provide anti-retaliation nity compensation for the survivors of cer- protections for antitrust whistleblowers. tain disabled veterans, and for other pur- laid before the Senate, together with poses. accompanying papers, reports, and doc- f ENROLLED BILL SIGNED uments, and were referred as indicated: EXECUTIVE REPORTS OF At 3:52 p.m., a message from the EC–3373. A communication from the Assist- COMMITTEE ant General Counsel, General Law, Ethics, House of Representatives, delivered by and Regulation, Department of the Treasury, The following executive reports of Mr. Novotny, one of its reading clerks, transmitting, pursuant to law, a report rel- nominations were submitted: announced that the Speaker has signed ative to a vacancy in the position of Assist- By Mr. GRASSLEY for the Committee on the following enrolled bill: ant Secretary (International Markets and the Judiciary. S. 782. An act to reauthorize the National Development), Department of the Treasury, Matthew G. T. Martin, of North Carolina, Internet Crimes Against Children Task received in the Office of the President of the to be United States Attorney for the Middle Force Program, and for other purposes. Senate on November 1, 2017; to the Com- District of North Carolina for the term of mittee on Banking, Housing, and Urban Af- four years. The enrolled bill was subsequently fairs. Christina E. Nolan, of Vermont, to be signed by the President pro tempore EC–3374. A communication from the Ad- United States Attorney for the District of (Mr. HATCH). ministrator of the Environmental Protection Vermont for the term of four years.

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.013 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S7001 (Nominations without an asterisk Land Management relating to land manage- S. Con. Res. 29. A concurrent resolution were reported with the recommenda- ment projects, to require the Secretary of recognizing the 100th anniversary of the Bal- tion that they be confirmed.) the Interior to develop a categorical exclu- four Declaration; to the Committee on For- sion for covered vegetative management ac- eign Relations. f tivities carried out to establish or improve f INTRODUCTION OF BILLS AND habitat for greater sage-grouse and mule JOINT RESOLUTIONS deer, to address the forest health crisis on ADDITIONAL COSPONSORS National Forest System land, to expedite S. 236 The following bills and joint resolu- and prioritize forest management activities At the request of Mr. WYDEN, the tions were introduced, read the first to achieve ecosystem restoration objectives, and second times by unanimous con- and for other purposes; to the Committee on name of the Senator from South Caro- sent, and referred as indicated: Environment and Public Works. lina (Mr. GRAHAM) was added as a co- By Mr. BROWN (for himself, Mrs. sponsor of S. 236, a bill to amend the By Mr. THUNE (for himself, Mr. ALEX- GILLIBRAND, Mr. DURBIN, Mr. Internal Revenue Code of 1986 to re- ANDER, Mr. BURR, Mr. ENZI, Mr. ROB- FRANKEN, Mr. MERKLEY, Mrs. MUR- ERTS, and Mr. CASSIDY): form taxation of alcoholic beverages. RAY, Mr. SANDERS, Ms. BALDWIN, and S. 2059. A bill to amend title XVIII of the S. 322 Social Security Act to provide for a 90-day Mr. BOOKER): S. 2069. A bill to amend the National Labor At the request of Mr. PETERS, the period for the determination of whether a Relations Act to clarify the requirements for name of the Senator from California MIPS eligible professional or eligible hos- meeting the definition of the term ‘‘em- (Mrs. FEINSTEIN) was added as a co- pital is a meaningful EHR user and to re- ployee’’, and for other purposes; to the Com- sponsor of S. 322, a bill to protect vic- move the all-or-nothing approach to mean- mittee on Health, Education, Labor, and ingful use, and for other purposes; to the tims of domestic violence, sexual as- Pensions. Committee on Finance. sault, stalking, and dating violence By Mr. GRASSLEY (for himself, Ms. By Mr. MCCAIN (for himself, Mr. from emotional and psychological KLOBUCHAR, Mr. TILLIS, Mr. SCHU- CARDIN, Mr. DURBIN, Mr. YOUNG, Mr. trauma caused by acts of violence or MER, and Mr. DURBIN): MARKEY, Mr. RUBIO, Mr. MERKLEY, S. 2070. A bill to amend the Violent Crime threats of violence against their pets. EINSTEIN CHATZ Mrs. F , Mr. S , Mr. Control and Law Enforcement Act of 1994, to S. 497 KAINE, Mr. VAN HOLLEN, Ms. BALD- reauthorize the Missing Alzheimer’s Disease At the request of Ms. CANTWELL, the WIN, Mr. BOOKER, and Mrs. SHAHEEN): Patient Alert Program, and to promote ini- name of the Senator from Vermont S. 2060. A bill to promote democracy and tiatives that will reduce the risk of injury (Mr. LEAHY) was added as a cosponsor human rights in Burma, and for other pur- and death relating to the wandering charac- poses; to the Committee on Foreign Rela- teristics of some children with autism; to of S. 497, a bill to amend title XVIII of tions. the Committee on the Judiciary. the Social Security Act to provide for By Mr. NELSON (for himself and Ms. By Ms. HIRONO (for herself and Mr. Medicare coverage of certain KLOBUCHAR): SCHATZ): lymphedema compression treatment S. 2061. A bill to further deployment of S. 2071. A bill to authorize the temporary items as items of durable medical Next Generation 9–1-1 services to enhance entry into the United States of alien crew- equipment. and upgrade the Nation’s 9–1-1 systems, and men employed on longline fishing vessels S. 514 for other purposes; to the Committee on originating in Hawaii, to ensure that such Commerce, Science, and Transportation. aliens receive reasonable wages and working At the request of Mr. PERDUE, the By Mr. FLAKE: conditions, and to provide for appropriate name of the Senator from Nevada (Mr. S. 2062. A bill to require the Secretary of enforcement and oversight of fishing compa- HELLER) was added as a cosponsor of S. Agriculture to convey at market value cer- nies employing such aliens; to the Com- 514, a bill to direct the Secretary of tain National Forest System land in the mittee on the Judiciary. Veterans Affairs to carry out a pilot State of Arizona; to the Committee on En- By Mr. MERKLEY (for himself, Mr. ergy and Natural Resources. program to provide access to magnetic BOOKER, Mrs. FEINSTEIN, Mr. DURBIN, EEG/EKG-guided resonance therapy to By Mr. TESTER (for himself and Mr. Mr. SANDERS, Mr. TESTER, Mr. LUMENTHAL veterans. B ): WHITEHOUSE, and Mr. MARKEY): S. 2063. A bill to direct the Secretary of S. 2072. A bill to amend the Toxic Sub- S. 620 Veterans Affairs to submit to Congress cer- stances Control Act to require the Adminis- At the request of Mr. FRANKEN, the tain documents relating to the Electronic trator of the Environmental Protection name of the Senator from California Health Record Modernization Program of the Agency to take action to eliminate human Department of Veterans Affairs; to the Com- (Mrs. FEINSTEIN) was added as a co- exposure to asbestos, and for other purposes; sponsor of S. 620, a bill to amend the mittee on Veterans’ Affairs. to the Committee on Environment and Pub- By Mr. JOHNSON (for himself, Mr. lic Works. Workforce Innovation and Opportunity DONNELLY, Mr. YOUNG, and Ms. BALD- By Mr. BENNET (for himself, Mr. Act to support community college and WIN): GARDNER, and Mr. THUNE): industry partnerships, and for other S. 2064. A bill to amend the Richard B. Rus- S. 2073. A bill to establish a vegetation purposes. sell National School Lunch Act to include management pilot program on National For- S. 654 canned, dried, frozen, and pureed fruits and est System land to better protect utility in- At the request of Mr. TOOMEY, the vegetables in the fresh fruit and vegetable frastructure from passing wildfire, and for program; to the Committee on Agriculture, other purposes; to the Committee on Agri- name of the Senator from Ohio (Mr. Nutrition, and Forestry. culture, Nutrition, and Forestry. BROWN) was added as a cosponsor of S. By Mr. YOUNG (for himself, Mr. NEL- By Mr. HOEVEN: 654, a bill to revise section 48 of title 18, SON, Mr. HELLER, and Mr. BENNET): S. 2074. A bill to establish a procedure for United States Code, and for other pur- S. 2065. A bill to establish a demonstration the conveyance of certain Federal property poses. program to provide integrated care for Medi- around the Jamestown Reservoir in the S. 699 care beneficiaries with end-stage renal dis- State of North Dakota, and for other pur- ease, and for other purposes; to the Com- poses; to the Committee on Energy and Nat- At the request of Mr. MURPHY, the mittee on Finance. ural Resources. name of the Senator from New Jersey By Mr. NELSON (for himself, Mrs. f (Mr. BOOKER) was added as a cosponsor GILLIBRAND, and Ms. HARRIS): of S. 699, a bill to amend title 38, S. 2066. A bill to provide housing and Med- SUBMISSION OF CONCURRENT AND United States Code, to direct the Sec- icaid assistance to families affected by a SENATE RESOLUTIONS retary of Veterans Affairs to furnish major disaster, and for other purposes; to the Committee on Finance. The following concurrent resolutions mental and behavioral health care to By Mr. CRAPO: and Senate resolutions were read, and certain individuals discharged or re- S. 2067. A bill to amend title XVIII of the referred (or acted upon), as indicated: leased from the active military, naval, Social Security Act to provide for coverage By Ms. KLOBUCHAR (for herself and or air service under conditions other under the Medicare program of certain DNA Mr. FRANKEN): than honorable, and for other purposes. Specimen Provenance Assay clinical diag- S. Res. 321. A resolution honoring the ca- S. 783 nostic laboratory tests; to the Committee on reer of Major General Richard C. Nash and At the request of Ms. BALDWIN, the Finance. recognizing his service to the United States By Mr. BARRASSO (for himself, Mr. and the State of Minnesota; to the Com- name of the Senator from Ohio (Mr. HATCH, Mr. THUNE, and Mr. DAINES): mittee on Armed Services. BROWN) was added as a cosponsor of S. S. 2068. A bill to discourage litigation By Mr. LANKFORD (for himself and 783, a bill to amend the Public Health against the Forest Service and the Bureau of Mr. MANCHIN): Service Act to distribute maternity

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.017 S02NOPT1 S7002 CONGRESSIONAL RECORD — SENATE November 2, 2017 care health professionals to health pro- of S. 1109, a bill to amend title VIII of SCHUMER, DURBIN and I will introduce fessional shortage areas identified as in the Public Health Service Act to ex- legislation to help America’s families need of maternity care health services. tend advanced education nursing locate missing loved ones who have S. 807 grants to support clinical nurse spe- Alzheimer’s disease, autism or related At the request of Mr. GRASSLEY, the cialist programs, and for other pur- conditions that may cause them to names of the Senator from California poses. wander. Congressman CHRIS SMITH will (Mrs. FEINSTEIN), the Senator from S. 1357 introduce a virtually identical com- Minnesota (Ms. KLOBUCHAR), the Sen- At the request of Ms. BALDWIN, the panion bill in the House of Representa- ator from Delaware (Mr. COONS), the name of the Senator from West Vir- tives today as well. Senator from Connecticut (Mr. ginia (Mrs. CAPITO) was added as a co- Our bill, which was introduced for BLUMENTHAL) and the Senator from sponsor of S. 1357, a bill to amend title the first time in the 114th Congress, ex- Louisiana (Mr. KENNEDY) were added as XIX of the Social Security Act to pro- tends an existing program that helps cosponsors of S. 807, a bill to provide vide a standard definition of thera- locate individuals with Alzheimer’s anti-retaliation protections for anti- peutic family care services in Med- disease or dementia. It also adds new trust whistleblowers. icaid. support for people with autism. S. 833 S. 1568 We have named the legislation in At the request of Mr. TESTER, the At the request of Mr. MARKEY, the name of the Senator from New Jersey names of the Senator from Illinois (Mr. honor of two boys with autism who per- ished because their condition caused (Mr. BOOKER) was added as a cosponsor DURBIN), the Senator from Michigan them to wander. One of these children, of S. 833, a bill to amend title 38, (Mr. PETERS) and the Senator from United States Code, to expand health New Mexico (Mr. HEINRICH) were added nine-year-old Kevin Curtis Wills, care and benefits from the Department as cosponsors of S. 1568, a bill to re- slipped into Iowa’s Raccoon River near of Veterans Affairs for military sexual quire the Secretary of the Treasury to a park and tragically drowned in 2008. trauma, and for other purposes. mint coins in commemoration of Presi- The other, 14-year-old Avonte Oquendo, S. 992 dent John F. Kennedy. wandered away from his school and drowned in New York City’s East River At the request of Mr. MCCAIN, the S. 1707 a few years ago. name of the Senator from Indiana (Mr. At the request of Mrs. GILLIBRAND, DONNELLY) was added as a cosponsor of the name of the Senator from Florida Theirs are not isolated cases. Just a S. 992, a bill to direct the Secretary of (Mr. NELSON) was added as a cosponsor few months ago, a four year-old with Veterans Affairs to conduct an inde- of S. 1707, a bill to amend the Food and autism drowned in a pool after wan- pendent review of the deaths of certain Nutrition Act of 2008 to provide for a dering away from her caretakers. veterans by suicide, and for other pur- standard medical expense deduction We’ve all read or heard the heart- poses. under the supplemental nutrition as- breaking stories of families frantically S. 1002 sistance program, and for other pur- trying to locate a missing loved one At the request of Mr. MORAN, the poses. whose condition caused him or her to names of the Senator from Oklahoma S. 1977 wander off. (Mr. LANKFORD) and the Senator from At the request of Mr. PORTMAN, the Our bill will give communities the Virginia (Mr. WARNER) were added as names of the Senator from Georgia tools they need to help locate people cosponsors of S. 1002, a bill to enhance (Mr. ISAKSON) and the Senator from with Alzheimer’s disease or other the ability of community financial in- Missouri (Mrs. MCCASKILL) were added forms of dementia as well as children stitutions to foster economic growth as cosponsors of S. 1977, a bill to amend with autism spectrum disorders who and serve their communities, boost the Internal Revenue Code of 1986 to wander away from their families or small businesses, increase individual extend the 7.5 percent threshold for the caregivers and into dangerous situa- savings, and for other purposes. medical expense deduction for individ- tions. S. 1014 uals age 65 or older. My home State of Iowa has the fifth At the request of Mrs. FISCHER, the S. 2042 highest Alzheimer’s death rate in name of the Senator from Ohio (Mr. At the request of Ms. KLOBUCHAR, the America and we have about 63,000 BROWN) was added as a cosponsor of S. name of the Senator from New Jersey Iowans living with the disease, accord- 1014, a bill to direct the Secretary of (Mr. MENENDEZ) was added as a cospon- ing to the Alzheimer’s Association. Ad- Veterans Affairs to make grants to eli- sor of S. 2042, a bill to authorize a joint ditionally, the CDC identified 1 in 68 gible organizations to provide service action plan and report on drug waste. children across the country as having dogs to veterans with severe post-trau- S. RES. 315 matic stress disorder, and for other autism spectrum disorders. In Iowa At the request of Mr. HOEVEN, the purposes. alone, about 8,000 individuals have been name of the Senator from Wisconsin diagnosed with autism spectrum dis- S. 1027 (Ms. BALDWIN) was added as a cospon- orders. At the request of Mr. HATCH, the sor of S. Res. 315, a resolution desig- names of the Senator from New Jersey nating November 4, 2017, as National This bill will make resources avail- (Mr. BOOKER) and the Senator from Bison Day. able to equip first responders, law en- New Hampshire (Mrs. SHAHEEN) were forcement officials, and other commu- added as cosponsors of S. 1027, a bill to f nity leaders with the training and tools extend the Secure Rural Schools and STATEMENTS ON INTRODUCED necessary to better prevent and re- Community Self-Determination Act of BILLS AND JOINT RESOLUTIONS spond to these cases as soon as pos- sible. With better information sharing, 2000. By Mr. GRASSLEY (for himself, communities can play a central role in S. 1089 Ms. KLOBUCHAR, Mr. TILLIS, Mr. reuniting autistic children and other At the request of Mr. PORTMAN, the SCHUMER, and Mr. DURBIN): individuals who wander with their fam- name of the Senator from Oregon (Mr. S. 2070. A bill to amend the Violent WYDEN) was added as a cosponsor of S. Crime Control and Law Enforcement ilies. 1089, a bill to require the Secretary of Act of 1994, to reauthorize the Missing Finally, the bill will ensure that Energy to review and update a report Alzheimer’s Disease Patient Alert Pro- local law enforcement agencies and on the energy and environmental bene- gram, and to promote initiatives that nonprofits that educate and train peo- fits of the re-refining of used lubri- will reduce the risk of injury and death ple on how to proactively prevent and cating oil. relating to the wandering characteris- locate missing individuals who wander S. 1109 tics of some children with autism; to are eligible for grants from the U.S. At the request of Mr. MERKLEY, the the Committee on the Judiciary. Department of Justice. These grants name of the Senator from Illinois (Ms. Mr. GRASSLEY. Mr. President, will facilitate the development of DUCKWORTH) was added as a cosponsor today Senators KLOBUCHAR, TILLIS, training and emergency protocols for

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.019 S02NOPT1 November 2, 2017 CONGRESSIONAL RECORD — SENATE S7003 school personnel, supply first respond- (3) recognizes the importance of the estab- (16) the Overseas Service Ribbon; ers with additional information and re- lishment of the modern State of Israel as a (17) the Army Reserve Components Over- sources, and make local tracking tech- secure and democratic homeland for the Jew- seas Training Ribbon; nology programs available for individ- ish people. (18) the North Atlantic Treaty Organiza- tion Medal; f uals who may wander from safety be- (19) the Minnesota Commendation Ribbon; cause of their condition. Grant funding SENATE RESOLUTION 321—HON- (20) the Minnesota State Active Duty Rib- may also be used to establish or en- ORING THE CAREER OF MAJOR bon; (21) the Minnesota Distinguished Recruit- hance notification and communica- GENERAL RICHARD C. NASH AND tions systems for the recovery of miss- ing Ribbon; RECOGNIZING HIS SERVICE TO (22) the Minnesota Service Ribbon; ing children with autism. THE UNITED STATES AND THE I urge my colleagues to support this (23) the Expert Infantryman Badge; and STATE OF MINNESOTA (24) the Air Assault Badge; and important legislation, which in the Ms. KLOBUCHAR (for herself and Mr. Whereas the service of Major General Nash 114th Congress passed the Senate lives on through his legacy in the United unanimously. The House companion FRANKEN) submitted the following res- States, Minnesota, and abroad: Now, there- bill garnered over 90 cosponsors and olution; which was referred to the fore, be it passed the other chamber by vote of 346 Committee on Armed Services: Resolved, That the Senate— to 66 in the 114th Congress. Our bill has S. RES. 321 (1) honors the decades of distinguished been endorsed by, among others, the Whereas Major General Richard C. Nash service of Major General Richard C. Nash; Autism Society of Iowa, Autism served as the Adjutant General of the Min- and (2) congratulates Major General Richard C. Speaks, the National Autism Associa- nesota National Guard with distinction dur- ing the last 7 years; Nash on his retirement, which took place on tion, SafeMinds, the National Center October 31, 2017, following a distinguished 45- for Missing and Exploited Children, Whereas Major General Nash is a native of Minnesota who has dedicated his life to serv- year military career. ANCOR (American Network of Commu- ing the United States and the State of Min- f nity Options), National Autism Society nesota; AUTHORITY FOR COMMITTEES TO of America, the Alzheimer’s Impact Whereas Major General Nash served honor- Movement, the National Down Syn- ably in the Armed Forces for 45 years, 29 of MEET drome Society, and the Color of Au- which were served in the Minnesota National Mr. GARDNER. Mr. President, I have tism Foundation. Guard; 4 requests for committees to meet dur- Whereas Major General Nash has com- f ing today’s session of the Senate. They manded at all levels, from company to mul- have the approval of the Majority and SUBMITTED RESOLUTIONS tinational task force, demonstrating stead- fast and wise leadership; Minority leaders. Whereas the men and women of the Min- Pursuant to rule XXVI, paragraph SENATE CONCURRENT RESOLU- nesota National Guard are among the very 5(a), of the Standing Rules of the Sen- TION 29—RECOGNIZING THE 100TH best in the United States, with more than ate, the following committees are au- ANNIVERSARY OF THE BALFOUR 13,000 soldiers and airmen; thorized to meet during today’s session DECLARATION Whereas the Minnesota National Guard has of the Senate: 58 Army facilities and 2 air bases in more COMMITTEE ON ARMED SERVICES Mr. LANKFORD (for himself and Mr. than 50 communities; MANCHIN) submitted the following con- Whereas Major General Nash has led inter- The Committee on Armed Services is current resolution; which was referred national initiatives in Iraq, Afghanistan, the authorized to meet during the session to the Committee on Foreign Rela- Sinai Peninsula, and the Baltic region, help- of the Senate on Thursday, November tions: ing to protect the interests of the United 2, 2017, at 9:30 a.m., to conduct a hear- States and spread the values of the United ing on the following nominations: S. CON. RES. 29 States around the world; Mark T. Esper, of Virginia, to be Sec- Whereas the Jewish people have had a Whereas Major General Nash has kept Min- retary of the Army, Robert L. Wilkie, homeland in modern-day Israel for more nesotans safe during times of floods and than 3,000 years; other natural disasters; of North Carolina, to be Under Sec- Whereas on November 2, 1917, United King- Whereas Major General Nash has been a retary for Personnel and Readiness, Jo- dom Foreign Secretary Lord Arthur Balfour strong advocate for the men and women of seph Kernan, of Florida, to be Under wrote to Lord Walter Rothschild, to be de- the Minnesota National Guard and the fami- Secretary for Intelligence, and Guy B. clared to the Zionist Federation, a letter de- lies of those men and women; Roberts, of Virginia, to be an Assistant claring, on behalf of the Government of the Whereas Major General Nash has been Secretary, all of the Department of De- United Kingdom, support for a home for the committed to the Beyond the Yellow Ribbon fense. Jewish people in the former Ottoman district program of Minnesota, which helps returning of Palestine; servicemembers and the families of those COMMITTEE ON ENERGY AND NATURAL Whereas this letter, known as the Balfour servicemembers; RESOURCES Declaration, was ratified into international Whereas Major General Nash has been a The Committee on Energy and Nat- law by the League of Nations on July 24, tireless advocate for Family Assistance Cen- ural Resources is authorized to meet 1922; ters, which advocate for veterans of the during the session of the Senate on Whereas on September 21, 1922, President Armed Forces and the loved ones of those Thursday, November 2, 2017, at 9:30 Warren G. Harding signed House Joint Reso- veterans; a.m., in room SD–366 to hold a hearing. lution 322, after unanimous support from the Whereas Major General Nash is a highly House of Representatives and the Senate, fa- decorated military officer and the recipient COMMITTEE ON THE JUDICIARY voring the establishment, in the former of many awards, including— The Committee on the Judiciary is Ottoman district of Palestine, of a national (1) the Distinguished Service Medal of the authorized to meet during the session home for the Jewish people; Army; of the Senate on Thursday, November Whereas the Balfour Declaration clearly (2) the Defense Superior Service Medal; 2, 2017, at 10 a.m., in room SD–226 to recognized and sought to uphold the ‘‘civil (3) the Legion of Merit; conduct a hearing on S. 807 and the fol- and religious rights of the existing non-Jew- (4) the Bronze Star Medal; lowing nominations: of Gregory G. ish communities in Palestine,’’ as well as the (5) the Meritorious Service Medal; ‘‘rights and political status enjoyed by Jews (6) the Army Commendation Medal; Katsas, of Virginia, to be United States in any other country’’; and (7) the Army Achievement Medal; Circuit Judge for the District of Co- Whereas the Balfour Declaration was a sig- (8) the Army Reserve Components Achieve- lumbia Circuit, Jeffrey Uhlman nificant part of the chain of events that led ment Medal; Beaverstock, to be United States Dis- to the establishment of the modern State of (9) the National Defense Service Medal; trict Judge for the Southern District of Israel on May 14, 1948: Now, therefore, be it (10) the Armed Forces Expeditionary Alabama, Emily Coody Marks, and Resolved by the Senate (the House of Rep- Medal; Brett Joseph Talley, both to be a resentatives concurring), That Congress— (11) the Iraq Campaign Medal; United States District Judge for the (1) commemorates the centenary of the (12) the Global War on Terrorism Service Balfour Declaration; Medal; Middle District of Alabama, Holly Lou (2) affirms its commitment to maintaining (13) the Armed Forces Service Medal; Teeter, to be United States District the strongest of bilateral ties with the State (14) the Armed Forces Reserve Medal; Judge for the District of Kansas, and of Israel; and (15) the Army Service Ribbon; Matthew G. T. Martin, to be United

VerDate Sep 11 2014 03:01 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.022 S02NOPT1 S7004 CONGRESSIONAL RECORD — SENATE November 2, 2017 States Attorney for the Middle District CHRISTOPHER ASHLEY FORD, OF MARYLAND, TO BE AN DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ASSISTANT SECRETARY OF STATE (INTERNATIONAL SE- OF AMERICA TO THE ISLAMIC REPUBLIC OF MAURI- of North Carolina, and Christina E. CURITY AND NON–PROLIFERATION), VICE THOMAS M. TANIA. Nolan, to be United States Attorney COUNTRYMAN, RESIGNED. MICHELE JEANNE SISON, OF MARYLAND, A CAREER DEPARTMENT OF JUSTICE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF for the District of Vermont, both of the CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- Department of Justice. JOHN C. ANDERSON, OF NEW MEXICO, TO BE UNITED DINARY AND PLENIPOTENTIARY OF THE UNITED STATES STATES ATTORNEY FOR THE DISTRICT OF NEW MEXICO OF AMERICA TO THE REPUBLIC OF HAITI. SELECT COMMITTEE ON INTELLIGENCE FOR THE TERM OF FOUR YEARS, VICE DAMON P. MAR- JAMIE MCCOURT, OF CALIFORNIA, TO BE AMBASSADOR The Select Committee on Intel- TINEZ, RESIGNED. EXTRAORDINARY AND PLENIPOTENTIARY OF THE JOSEPH D. BROWN, OF TEXAS, TO BE UNITED STATES UNITED STATES OF AMERICA TO THE FRENCH REPUBLIC, ligence is authorized to meet during ATTORNEY FOR THE EASTERN DISTRICT OF TEXAS FOR AND TO SERVE CONCURRENTLY AND WITHOUT ADDI- the session of the Senate on Thursday, THE TERM OF FOUR YEARS, VICE JOHN MALCOLM TIONAL COMPENSATION AS AMBASSADOR EXTRAOR- BALES, RESIGNED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES November 2, 2017, at 2 p.m., in room JOHN H. DURHAM, OF CONNECTICUT, TO BE UNITED OF AMERICA TO THE PRINCIPALITY OF MONACO. SH–219 to conduct a closed hearing. STATES ATTORNEY FOR THE DISTRICT OF CONNECTICUT RICHARD DUKE BUCHAN III, OF FLORIDA, TO BE AM- FOR THE TERM OF FOUR YEARS, VICE DEIRDRE M. DALY, BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF f RESIGNED. THE UNITED STATES OF AMERICA TO THE KINGDOM OF BRANDON J. FREMIN, OF LOUISIANA, TO BE UNITED SPAIN, AND TO SERVE CONCURRENTLY AND WITHOUT ORDERS FOR MONDAY, NOVEMBER STATES ATTORNEY FOR THE MIDDLE DISTRICT OF LOU- ADDITIONAL COMPENSATION AS AMBASSADOR EX- 6, 2017 ISIANA FOR THE TERM OF FOUR YEARS, VICE JAMES TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED WALTER FRAZER GREEN, RESIGNED. STATES OF AMERICA TO ANDORRA. ROBERT K. HUR, OF MARYLAND, TO BE UNITED STATES LARRY EDWARD ANDRE, JR., OF TEXAS, A CAREER Mrs. FISCHER. Mr. President, I ask ATTORNEY FOR THE DISTRICT OF MARYLAND FOR THE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TERM OF FOUR YEARS, VICE ROD J. ROSENSTEIN, TERM unanimous consent that when the Sen- MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- EXPIRED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ate completes its business today, it ad- RYAN K. PATRICK, OF TEXAS, TO BE UNITED STATES OF AMERICA TO THE REPUBLIC OF DJIBOUTI. journ until 3 p.m. on Monday, Novem- ATTORNEY FOR THE SOUTHERN DISTRICT OF TEXAS FOR THE TERM OF FOUR YEARS, VICE KENNETH MAGIDSON, THOMAS L. CARTER, OF SOUTH CAROLINA, FOR THE ber 6; further, that following the pray- RESIGNED. RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE er and pledge, the morning hour be MCGREGOR W. SCOTT, OF CALIFORNIA, TO BE UNITED AS REPRESENTATIVE OF THE UNITED STATES OF AMER- STATES ATTORNEY FOR THE EASTERN DISTRICT OF ICA ON THE COUNCIL OF THE INTERNATIONAL CIVIL deemed expired, the Journal of pro- CALIFORNIA FOR THE TERM OF FOUR YEARS, VICE BEN- AVIATION ORGANIZATION . ceedings be approved to date, the time JAMIN B. WAGNER, RESIGNED. NINA MARIA FITE, OF PENNSYLVANIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- for the two leaders be reserved for their f ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- use later in the day, and morning busi- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CONFIRMATIONS OF AMERICA TO THE REPUBLIC OF ANGOLA. ness be closed; finally, that following DANIEL L. FOOTE, OF NEW YORK, A CAREER MEMBER leader remarks, the Senate proceed to Executive nominations confirmed by OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– the Senate November 2, 2017: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND executive session and resume consider- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ation of the Engel nomination under DEPARTMENT OF ENERGY TO THE REPUBLIC OF ZAMBIA. KENNETH IAN JUSTER, OF NEW YORK, TO BE AMBAS- the previous order. PAUL DABBAR, OF NEW YORK, TO BE UNDER SEC- RETARY FOR SCIENCE, DEPARTMENT OF ENERGY. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF The PRESIDING OFFICER. Without MARK WESLEY MENEZES, OF VIRGINIA, TO BE UNDER THE UNITED STATES OF AMERICA TO THE REPUBLIC OF SECRETARY OF ENERGY. INDIA. objection, it is so ordered. W. ROBERT KOHORST, OF CALIFORNIA, TO BE AMBAS- f FEDERAL ENERGY REGULATORY COMMISSION SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF RICHARD GLICK, OF VIRGINIA, TO BE A MEMBER OF CROATIA. ADJOURNMENT UNTIL MONDAY, THE FEDERAL ENERGY REGULATORY COMMISSION FOR EDWARD T. MCMULLEN, JR., OF SOUTH CAROLINA, TO THE TERM EXPIRING JUNE 30, 2022. NOVEMBER 6, 2017, AT 3 P.M. BE AMBASSADOR EXTRAORDINARY AND PLENI- KEVIN J. MCINTYRE, OF VIRGINIA, TO BE A MEMBER OF POTENTIARY OF THE UNITED STATES OF AMERICA TO THE FEDERAL ENERGY REGULATORY COMMISSION FOR Mrs. FISCHER. Mr. President, if THE SWISS CONFEDERATION, AND TO SERVE CONCUR- THE REMAINDER OF THE TERM EXPIRING JUNE 30, 2018. RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS there is no further business to come be- KEVIN J. MCINTYRE, OF VIRGINIA, TO BE A MEMBER OF AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY THE FEDERAL ENERGY REGULATORY COMMISSION FOR fore the Senate, I ask unanimous con- OF THE UNITED STATES OF AMERICA TO THE PRINCI- THE TERM EXPIRING JUNE 30, 2023. sent that it stand adjourned under the PALITY OF LIECHTENSTEIN. DEPARTMENT OF ENERGY DAVID DALE REIMER, OF OHIO, A CAREER MEMBER OF previous order. THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, There being no objection, the Senate, STEVEN E. WINBERG, OF PENNSYLVANIA, TO BE AN AS- TO BE AMBASSADOR EXTRAORDINARY AND PLENI- SISTANT SECRETARY OF ENERGY (FOSSIL ENERGY). at 4:35 p.m., adjourned until Monday, POTENTIARY OF THE UNITED STATES OF AMERICA TO NATIONAL MEDIATION BOARD THE REPUBLIC OF MAURITIUS, AND TO SERVE CONCUR- November 6, 2017, at 3 p.m. RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS KYLE FORTSON, OF THE DISTRICT OF COLUMBIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY f A MEMBER OF THE NATIONAL MEDIATION BOARD FOR A OF THE UNITED STATES OF AMERICA TO THE REPUBLIC TERM EXPIRING JULY 1, 2019. OF SEYCHELLES. NOMINATIONS GERALD W. FAUTH, OF VIRGINIA, TO BE A MEMBER OF ERIC P. WHITAKER, OF ILLINOIS, A CAREER MEMBER THE NATIONAL MEDIATION BOARD FOR A TERM EXPIR- OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- Executive nominations received by ING JULY 1, 2020. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND the Senate: LINDA A. PUCHALA, OF MARYLAND, TO BE A MEMBER PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA OF THE NATIONAL MEDIATION BOARD FOR A TERM EX- TO THE REPUBLIC OF NIGER. FEDERAL RESERVE SYSTEM PIRING JULY 1, 2018. CARLA SANDS, OF CALIFORNIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE JEROME H. POWELL, OF MARYLAND, TO BE CHAIRMAN DEPARTMENT OF STATE UNITED STATES OF AMERICA TO THE KINGDOM OF DEN- OF THE BOARD OF GOVERNORS OF THE FEDERAL RE- SERVE SYSTEM FOR A TERM OF FOUR YEARS, VICE PETER HENRY BARLERIN, OF COLORADO, A CAREER MARK. JANET L. YELLEN, TERM EXPIRING. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MICHAEL T. EVANOFF, OF ARKANSAS, TO BE AN AS- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND SISTANT SECRETARY OF STATE (DIPLOMATIC SECU- DEPARTMENT OF COMMERCE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA RITY). TO THE REPUBLIC OF CAMEROON. MANISHA SINGH, OF FLORIDA, TO BE AN ASSISTANT JEFFREY KESSLER, OF VIRGINIA, TO BE AN ASSISTANT KATHLEEN M. FITZPATRICK, OF THE DISTRICT OF CO- SECRETARY OF STATE (ECONOMIC AND BUSINESS AF- SECRETARY OF COMMERCE, VICE PAUL PIQUADO, RE- LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN FAIRS). SIGNED. SERVICE, CLASS OF MINISTER–COUNSELOR, TO BE AM- DEPARTMENT OF STATE BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE JUDICIARY THE UNITED STATES OF AMERICA TO THE DEMOCRATIC ROBIN S. BERNSTEIN, OF FLORIDA, TO BE AMBAS- REPUBLIC OF TIMOR–LESTE. ALLISON H. EID, OF COLORADO, TO BE UNITED STATES SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF MICHAEL JAMES DODMAN, OF NEW YORK, A CAREER CIRCUIT JUDGE FOR THE TENTH CIRCUIT. THE UNITED STATES OF AMERICA TO THE DOMINICAN MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF STEPHANOS BIBAS, OF PENNSYLVANIA, TO BE UNITED REPUBLIC. MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT.

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