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

Vol. 164 WASHINGTON, TUESDAY, MAY 8, 2018 No. 74 Senate The Senate met at 2:30 p.m. and was Mr. PORTMAN thereupon assumed and Detective Gibson were killed. Next called to order by the Honorable ROB the Chair as Acting President pro tem- week is National Police Week, and I PORTMAN, a Senator from the State of pore. will have more to say about the her- Ohio. f oism of the professionals who put f themselves in harm’s way every day to RESERVATION OF LEADER TIME keep others safe. Today the Senate PRAYER The ACTING PRESIDENT pro tem- honors the memories of these four fall- The Chaplain, Dr. Barry C. Black, of- pore. Under the previous order, the en heroes. fered the following prayer: leadership time is reserved. Mr. President, on another matter, Let us pray. yesterday, the Senate advanced the Almighty God, unto whom all hearts f nomination of the first of this week’s are open, all desires known, and from CONCLUSION OF MORNING judicial nominees, Judge Kurt whom no secrets are hidden, continue BUSINESS Engelhardt. Those who join him on this to be our refuge and strength. Guide latest slate for consideration are each The ACTING PRESIDENT pro tem- our Senators. Let Your peace rule in well qualified. Each has received thor- pore. Morning business is closed. their hearts. May Your Spirit dwell in ough examination from the Judiciary them richly, imparting Heaven’s wis- f Committee, and each stands ready to dom. Lord, give them steadfast hearts, EXECUTIVE SESSION serve on the Federal bench. which no unworthy faults can drag NOMINATION OF MICHAEL BRENNAN downward. Following the confirmation of Judge Lord, bless America. Make her a EXECUTIVE CALENDAR Engelhardt, the Senate will proceed to channel of justice, peace, and goodness the consideration of Michael Brennan to our world. The ACTING PRESIDENT pro tem- of Wisconsin to serve as a U.S. circuit We pray in Your strong Name. Amen. pore. Under the previous order, the judge for the Seventh Circuit. Mr. f Senate will proceed to executive ses- Brennan’s nomination comes as only sion and resume consideration of the PLEDGE OF ALLEGIANCE the latest distinction in a career following nomination, which the clerk marked by truly impressive legal ac- The Presiding Officer led the Pledge will report. complishments. In both public service of Allegiance, as follows: The senior assistant legislative clerk and private practice, this graduate of I pledge allegiance to the Flag of the read the nomination of Kurt D. Notre Dame and Northwestern Univer- United States of America, and to the Repub- Engelhardt, of Louisiana, to be United lic for which it stands, one nation under God, sity School of Law has developed a rep- States Circuit Judge for the Fifth Cir- utation for a keen legal mind and an indivisible, with liberty and justice for all. cuit. f unwavering commitment to the rule of RECOGNITION OF THE MAJORITY LEADER law. APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- According to current and former PRESIDENT PRO TEMPORE pore. The majority leader is recog- peers on the Milwaukee County Circuit The PRESIDING OFFICER. The nized. Court, Mr. Brennan has ‘‘the mind, clerk will please read a communication HONORING FALLEN U.S. CAPITOL POLICE heart and soul of a great jurist’’ and a to the Senate from the President pro OFFICERS ‘‘keen understanding of the legal issues tempore (Mr. HATCH). Mr. MCCONNELL. Mr. President, an in sophisticated and complex litiga- The senior assistant legislative clerk important tribute took place in the tion.’’ read the following letter: Capitol this morning—the fifth annual Like Judge Engelhardt, Mr. Brennan U.S. SENATE, memorial service for the four U.S. Cap- has my full support, and I encourage PRESIDENT PRO TEMPORE, itol police officers who have died in the my colleagues to join me in voting to Washington, DC, May 8, 2018. line of duty. Sergeant Christopher confirm another fine nominee this To the Senate: Eney, Officer Jacob Chestnut, Detec- week. Under the provisions of rule I, paragraph 3, tive John Gibson, and Sergeant Clinton TAX REFORM of the Standing Rules of the Senate, I hereby Holtz were remembered with a wreath- Mr. President, on a final matter, it appoint the Honorable ROB PORTMAN, a Sen- ator from the State of Ohio, to perform the laying in the Capitol Visitor Center. seems that every day brings another duties of the Chair. This year’s ceremony marked the piece of good news for middle-class ORRIN G. HATCH, 20th anniversary of the 1998 Capitol workers and families and, like clock- President pro tempore. shooting, when both Officer Chestnut work, another desperate attempt by

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

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VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.000 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2534 CONGRESSIONAL RECORD — SENATE May 8, 2018 my Democratic colleagues to convince NOMINATION OF GINA HASPEL performance and indicated that she everyone that this growing tide of new Mr. CORNYN. Mr. President, when I acted appropriately in her role as it re- prosperity is somehow a bad thing. was a kid, I used to like to read the lated to carrying out her supervisor’s In the last few weeks alone, the per- comics in the newspaper every day. orders. Again, she was not the one who centage of Americans who are unem- Usually, it was some interesting cari- actually destroyed the tapes but, rath- ployed, underemployed, or who have cature of real life that was particularly er, acted on her supervisor’s instruc- given up finding a job has dropped to a funny. Yet the sorts of caricatures we tions to draft a cable that she expected 17-year low. Recently, new jobless have been seeing in the past few days to be vetted with the appropriate au- claims reached their lowest level since about the President’s nominee to the thorities and policymakers within the 1969, and the total number of Ameri- CIA are not funny and are not comical CIA structure. cans who are receiving unemployment at all. What we have seen is a gross Mr. Morell himself added a statement benefits is as small as it has been caricature of this woman’s distin- following the memo’s release that Ms. since—listen to this—1973. guished 33-year career. I am talking Haspel did not destroy the videotapes Let me put that another way. Not- about Gina Haspel at the CIA. of the enhanced interrogation tech- withstanding 45 years of population Our Democratic colleagues are stuck niques that were used on post-9/11 de- growth, there are fewer total Ameri- in the past. They are trying to, really, tainees. He said that she did not over- cans receiving unemployment benefits tag her with some of the more con- see their destruction either, and she under President Trump and this Repub- troversial episodes during the after- did not order their destruction. lican Congress than at any other point math of 9/11. The fact is, that is a cari- Nevertheless, I will bet one is going under Presidents Ford, Carter, Reagan, cature of her three decades of hard to hear a lot about this at tomorrow’s Bush, Clinton, Bush, or Obama. We all work and service in spanning the globe hearing before the Senate Intelligence know economic indicators can be vola- while working in the intelligence com- Committee. It is unfair to focus on an tile, and Washington is far from the munity and trying to keep America isolated event in an attempt to try to only force behind them. In fact, getting safe. They, of course, need to get their suggest that she acted inappropriately the Federal Government out of the way facts straight regarding the episodes when her supervisors, including the is often the solution. The headwinds they complain about. The fact is that Acting Director of the CIA, found no fault with her actions, and any allega- that blew in the face of American en- they have all been investigated, and tions that she bore personal responsi- trepreneurs and small business owners Gina Haspel has been exonerated. They bility for destroying the videotapes for 8 years have died down. Now the are wrong to ignore everything else she have been affirmatively disproven. wind is at their backs. has done in her career, as well as the In December 2017, after just 1 year of We know from her career timeline fact that she will be the first woman that was produced by the CIA that Ms. Republican policies, optimism among Director of the Central Intelligence American manufacturers hit the high- Haspel spoke French and Spanish prior Agency—someone enormously popular est level ever recorded. In large part, to joining the CIA and learned Turkish with the rank and file in her having that is because Washington had gotten and Russian. That is interesting be- come from within their ranks. cause, in fact, we can’t know a lot in a out of their way. Back in 2013, more The particular episodes that we will than 75 percent of manufacturers said public setting of some of her classified hear talked about tomorrow at the activities as a member of the Central an unfavorable business climate from open hearing before the Senate Select taxes and regulations was a top con- Intelligence Agency. That is the nature Committee on Intelligence involve en- of the work, that being that intel- cern. Now fewer than 19 percent have hanced interrogation techniques that that worry. This is a real-life experi- ligence officers willingly accept the re- were used in isolated instances in the ment in two different governing phi- sponsibility to keep classified informa- days immediately following 9/11. These losophies. tion secret so as not to expose sources For 8 years, Democrats operated programs were, of course, vetted by all and methods that would endanger lives from the leftwing premise that busi- appropriate legal advisors and were de- and undermine our ability to get intel- nesses need to lose in order for workers pended upon in good faith by intel- ligence to our policymakers so they to win. So they raised taxes, passed ligence officers and the Department of can make good decisions. mammoth new regulations like Dodd- Defense. Congressional leaders were Clearly, she is a student of languages Frank and ObamaCare, and let run- briefed on them and had no objection and cultures around the world—exactly away agencies like the EPA run rough- because the threat immediately after 9/ the kind of person you would want to shod over American businesses. That is 11 was that al-Qaida had been meeting lead an agency that operates inter- what got us such lackluster results, with some Pakistani nuclear scientists, nationally, like the Central Intel- year after year. perhaps with the objective of getting a ligence Agency. We know from declas- Fortunately, Republicans have taken nuclear device that they could use to sified documents that she had field as- a different approach—one that doesn’t kill more Americans and more inno- signments in Africa and Europe in the assume that Washington bureaucrats cent people. This was, truly, an emer- late eighties and nineties and then know best. We know that American gency situation, and policymakers went on to become station chief at workers can only thrive if thriving were demanding that our military and multiple locations before becoming the American businesses are creating jobs intelligence community do everything Deputy Director of the CIA. When she and raising wages. We have worked to they could to prevent another 9/11 at- worked abroad in the eighties, she en- enact an inclusive opportunity agenda tack. countered none other than Mother Te- to bring greater prosperity to every- It is fundamentally unfair for some resa and helped arrange a phone call one, and that is exactly what is begin- to want to change the rules after the between Mother Teresa and President ning to happen. fact now that we are feeling safe and Reagan. Then she visited a local or- From Florida to Indiana, Fifth Third secure, and it is obscene to hold intel- phanage with the famous nun. Bank is raising its minimum wage for ligence officials responsible for policy Of course, as I said, we can’t talk employees. Kroger is planning to hire decisions that they did not make but about all of the details of her invalu- 600 new associates across my home which they were charged with exe- able years of service here on the Senate State of Kentucky. Nationwide data cuting. We expected them to be exe- floor because much of that information from the Bureau of Labor Statistics cuted—‘‘we’’ being the policymakers in remains classified. Indeed, tomorrow, show that the amount employers spend the executive and legislative branches. we will have an open, declassified set- on salaries and benefits grew more in I mentioned the declassified 2011 Mi- ting, followed by a closed, classified 2017 than in any calendar year under chael Morell memo yesterday, which setting so members of the committee President Obama—two different phi- exonerates Ms. Haspel from this allega- can get answers to their questions. Yet losophies, and just 16 months in, two tion that she somehow played a part in we do know about some of the suc- very different outcomes for American destroying videotapes of enhanced in- cesses that the CIA and the U.S. Gov- workers and middle-class families. terrogation. In the memo, Morell, who ernment achieved during the 30-plus The ACTING PRESIDENT pro tem- was then the Acting Director of the years she served, and some of those are pore. The majority whip. CIA, found no fault with Ms. Haspel’s worth mentioning here.

VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.001 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2535 I am talking, first and foremost, and she is deserving of our profound ap- and behave while in prison. It will about killing al-Qaida’s key leaders preciation. To demonstrate that appre- limit the use of restraints on pregnant and undermining the terrorist group’s ciation, we need to get her confirmed. prisoners, which seems entirely appro- operations. We, of course, remember PRISON REFORM priate, and it will improve audits to re- the raid that killed Osama bin Laden 7 Mr. President, one other thing on my duce or eliminate prison rape. Prison years ago, which was the culmination mind today is prison reform. guards will be required to receive so- of many years of advanced intelligence Last week, my colleagues Congress- called de-escalation training, and the operations by people just like Gina men COLLINS and JEFFRIES announced Federal Prison Industries will be able Haspel. The CIA is responsible for col- they had reached a bipartisan deal that to sell products to private nonprofit or- lecting the dots and then connecting will be marked up tomorrow in the ganizations much more easily so that the dots so that policymakers can House Judiciary Committee. I filed the inmates will be able to learn skills make important decisions, as in Presi- same revised bill in the Senate yester- they can use productively while they dent Obama’s decision to take out day with Senator WHITEHOUSE, our are still in prison and that they can Osama bin Laden once he had been lo- Democratic colleague from Rhode Is- use once they leave prison. cated. The CIA and Gina Haspel de- land. I have been focused on this issue In conclusion, I look forward to a bill serve tremendous credit for the indis- of prison reform for some time, along that will have broad bipartisan and bi- pensable role she and they played. with a number of our colleagues on cameral support not only by the House There are also things like the disrup- both sides of the aisle, and now it has but by the Senate and accomplish this tion of Najibullah Zazi’s plot to bomb gotten some real traction thanks to important goal. the subway in New York in 2009—an- President Trump and a roundtable he Some of the sentencing reform legis- other major intelligence and law en- hosted at the White House earlier this lation that I and others have pre- forcement success. An al-Qaida recruit, year. viously supported has proved to be so Zazi trained with the group in Paki- More than 11 million people go to jail controversial that we have been unable stan and returned to the United States each year in the United States, and to get it passed here in the U.S. Senate to build explosives for what could have there are currently 2.3 million people because of there being a lack of support been a devastating attack. According in confinement. Conservatives should for that combination of sentencing re- form and prison reform. What we have to news reports, it was through our in- be concerned by those statistics for tried to do in a way that, I believe, is telligence collection efforts that we multiple reasons. For starters, the vast entirely pragmatic and appropriate is identified Zazi and that he was eventu- majority of people who end up in pris- to take the first step on prison reform ally arrested and convicted. The CIA is on, of course, eventually reenter soci- and get that passed by both Houses and involved in far more than just counter- ety. That is something we should be signed by the President. Then we can terrorism operations. It deserves credit concerned about no matter where we continue our work on other aspects of for all other equally important work, stand on the ideological spectrum be- criminal justice reform following that as well, some of which Ms. Haspel and cause people in prison will typically get out of prison. The question is: Will success. her colleagues, undoubtedly, partici- I yield the floor. pated in. they be prepared for a life of crime or The ACTING PRESIDENT pro tem- We know the intelligence community will they be prepared to enter a lawful pore. The Senator from Oregon. society and contribute as law-abiding targets all aspects of international REMEMBERING MICHAEL BEAVER criminal organizations, for example, members? Mr. MERKLEY. Mr. President, we For too long, our prisons have simply and, of course, there are many more have all heard the sad news. While we been warehouses. They have just successes that will never see the light were back in our districts last week, warehoused people and not prepared or of day because those wins must be kept our Assistant Parliamentarian, Mi- helped them to reenter society by secret so that ongoing operations and chael Phillip Beaver, passed away un- teaching them the skills and giving sources that supply information and expectedly at the very young age of 39. tactical methods are protected so they them the training they need to become Family and friends gathered this morn- can remain useful in the future. productive. These people leave prison ing to celebrate his life. As Jane Harman—a 9-term former and often return to a life of crime. Born in Mount Pleasant, he was the Democratic Member of the House of Many have drug or alcohol addictions. son of Linda Susan Beaver and William Representatives—wrote not long ago: Many of them lack the basic education R. Beaver. He was a graduate of Saint The [Intelligence Community] has been the or skills they need in order to get jobs Vincent College, where he studied po- tip of America’s spear for decades. Selfless in a lawful society. litical science with a minor in graphic men and women have put their lives on the We believe that the revolving door of design, and he earned his juris doc- line—often doing work their families are un- recidivism—going to prison, getting torate from the Ohio State University aware of—to keep us safe, and they have. out of prison, ending up back in pris- Moritz College of Law. He was a mem- Yes, there have been some tragic failures, on—must end. Incarceration is expen- but far more impressive successes. ber of the Ohio and the California sive and separates offenders from their State Bar Associations. That is from one of our former Demo- families. In other words, there is more Most recently, he served here in this cratic colleagues. Her words, of course, than just the person behind bars who Chamber as the Assistant Parliamen- apply to Ms. Haspel’s career as much as pays the price when someone goes to tarian. Prior to that, he served as the they do to any other intelligence pro- prison. We need to consider the fami- deputy legislative counsel for the State fessional’s. lies who are separated from their loved of California. Aside from being a bril- Ms. Haspel has put her life on the ones who suffer as well. This, of course, liant attorney, Michael was passionate line to keep us safe, not for the glory, adds stresses that we can only imag- about hockey and music. He was a tal- because most of what she has done has ine—single parenthood for those left ented cook, an avid gardener, and a happened undercover in a way that behind and the heightened challenges gifted artist. does not reveal important sources and of raising children as single parents in He was a loving husband to his wife, methods or expose other people to re- individual households. Gilda, and was a caring, fun, and pa- taliation or attack. When we consider States like Texas and others across tient father to his two young boys, her nomination this week, we must see the country have used prison reform to Bradley Dastan Beaver, age 3, and Con- it in the light of all of the CIA’s suc- tackle their recidivism rates and have nor Milad Beaver, age 2. cesses, not as a caricature and mis- improved lives, lowered crime rates, It is hard to believe that an unex- representation of a couple of events and saved money too. I am glad that pected medical condition could end his that occurred post-9/11. Men and the legislation the House will mark up life so soon at the age of 39. He was women like her do what they do not be- this week mirrors Texas reforms. contributing so much to the United cause of the notoriety. It is just the op- Among its other provisions, the bill States and so much to his family. We posite. They do it because they love will increase the number of good time will greatly miss him here as I know he their country and want to prevent it credits for good behavior in prison—a will be missed by a very wide expanse from harm. Ms. Haspel is no exception, good incentive for people to cooperate of family and friends and community.

VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.002 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2536 CONGRESSIONAL RECORD — SENATE May 8, 2018 Mr. President, I come to the floor to unanimously but with divided votes. en’s rights, civil rights, education, address one aspect of our ‘‘we the peo- We know that when something comes criminal justice, sexual discrimination, ple’’ Nation. In writing the Constitu- out of the committee, there needs to be and judicial precedent are out of the tion, our forefathers put those words, time for the rest of the body to be able mainstream. His nomination has ‘‘We the people,’’ in supersized font, so to exercise their efforts to understand moved forward despite the opposition even if you are far away and you can’t the background of that nominee. Often and over the objections of a home read the fine print, you know the mis- new information is turned up. For ex- State Senator. This is a seat, by the sion statement of our Constitution. It ample, with Brett Talley—nominated way, that is open because the blue-slip was all about, as President Lincoln for the district court—after he came process was honored. The objection summarized, a ‘‘government of the peo- out of committee, then it became through a blue slip was honored under ple, by the people, [and] for the peo- known that he had written controver- President Obama. ple,’’ always intended to be the oppo- sial commentaries defending the KKK, There are more extreme nominees site of governments by and for the pow- and he had belittled the Sandy Hook coming through. So if we think back to erful. tragedy where little children were that point made by Senator GRASSLEY Yet what have we seen in 2017? Much slaughtered. We found that out after he that ‘‘the tradition is designed to en- of the year was spent on a healthcare came out of committee. Yet cloture is courage outstanding nominees and con- bill designed to destroy healthcare for being filed right after nominations sensus,’’ we are seeing that the deci- some 22 to 30 million Americans. That come out of committee. We even had sion not to honor it is doing the re- is not government by the people or for an individual who was rated ‘‘not verse. the people; that is government by and qualified’’ by the American Bar Asso- There is Kurt Engelhardt, a nominee for the powerful. ciation. That, my colleagues, is rare. for the Fifth Circuit. His record on the We saw a tax bill that borrowed $1.5 The tradition of bipartisanship and district court is deeply troubling, par- trillion from the people of the United cooperation involving the blue slip ticularly when it comes to cases re- States—which our children will have to goes back a long way—since about 1917, garding sexual harassment, discrimina- repay—and gave it to the wealthiest a little more than a century. Senator tion, civil rights, discriminating Americans. That is not government by Thomas Hardwick objected to Presi- against women in the workforce who and for the people; that is government dent Wilson’s district court nominee. choose to have children—a right that by and for the powerful. He wrote on a blue slip of paper, say- should be open to every American We saw the theft of a Supreme Court ing: ‘‘I object to this appointment—the woman without fear of losing one’s job. seat for the first time in our history— same is personally offensive and objec- Yet, last night, this body voted for clo- a Supreme Court seat sent when it was tionable to me, and I can not consent ture and is sending his nomination to a vacated by the death of Antonin Scalia to the confirmation of the nominee.’’ final vote. from one Presidency to the next, more Thus began the blue-slip tradition of We have Joel Carson, nominee for the than a year in the future in order to courtesy and respect for the viewpoint Tenth Circuit, who has spent most of sustain a 5-to-4 Court decision called of Senators from a variety of States. his career deeply embedded in advo- Citizens United, which allows a power- Under President Obama the blue slips cating for fossil fuel interests. That is ful America to spend unlimited sums, were honored, whether they came from a huge conflict of interest for being contaminating our political system a Democrat or from a Republican. In able to weigh in as a judge on any issue with hundreds of millions of dollars, fact, 18 of President Obama’s nominees regarding energy. corrupting this Nation. That is not were blocked by Republican blue slips Then we have the case in Oregon. The government of, by, and for the people; because they were honored by the chairman of the Judiciary Committee that is government of, by, and for the Democrats. has scheduled a hearing for Mr. Ryan powerful. In 2009, we had a letter from my Re- Bounds tomorrow, despite the fact that Now we see the ongoing effort to publican colleagues, and it said about Senator WYDEN and I have not returned pack the courts. Although I have heard the practice of observing senatorial our blue slips. Should this nomination complaints from some of my Repub- courtesy that ‘‘we, as a Conference, ex- come forward to this floor and be con- lican colleagues about the slow pace of pect it to be observed, even-handedly firmed, this will be the first time in the nominees, we see that the pace is very and regardless of party affiliation.’’ history of the blue slips that the com- fast compared to the pace that existed Isn’t the sentiment expressed in 2009 bined objections of both home State for President Obama. For the first 14 appropriate for 2018? Senators have been ignored. circuit court nominations, they waited Let me state that in the history of One might ask: Why is it that Sen- under President Obama an average of these 100 years, not a single nominee ator WYDEN and I feel so strongly 251 days, but under President Trump, has been approved over the objection of about this particular nominee? Well, in less than half the time at 125 days— two Senators from the relevant State. first, the White House didn’t consult a breakneck pace—we have seen more The former Republican chairman, Sen- with us. They brought him in for an nominees confirmed. If we compare ator HATCH, said: interview and decided they were going to nominate him without consulting from the start of the Presidency to this Weakening or eliminating the blue slip far into the Presidency under President process would sweep aside the last remaining the home State Senators. Any Member Obama, we had a total of 21 nominees— check on the President’s judicial appoint- of this body who wants to stand up for 9 circuit court nominees, 11 district ment power. Anyone serious about the Sen- consultation would stand against this court nominees, and 1 Supreme Court ate’s constitutional ‘‘advice and consent’’ nomination. Oh, the White House says nominee, totaling 21. We see that under role knows how disastrous such a move that they consulted. They have a very President Trump there are confirma- would be. strange definition of consultation. I tions for 15 circuit court nominees, 17 I would like to know how many folks think they mean it to say that they in- district court nominees, and the filling in this Chamber are still serious about formed us about their decision. We of a Supreme Court seat, a stolen seat. the Senate’s constitutional advice and asked the White House to stand aside There are 33—12 more—and more than consent role. until our committee back in Oregon 50 percent faster. So the argument that Chairman GRASSLEY said in 2015: had completed its work, but they chose anything is being slow-walked is com- This tradition is designed to encourage not to. That is not consultation. pletely false. outstanding nominees and consensus. . . . I There are the inflammatory writings We see all kinds of efforts, though, to appreciate the value of the blue-slip process of this individual regarding the rights rush nominees through without proper and also intend to honor it. of workers, people of color, and the consideration. Last year, we had clo- He did honor it while President LGBTQ community. The Alliance for ture votes on four circuit court nomi- Obama was in office, but now, appar- Justice said in their report on this nees in a single week. We had cloture ently, the world is a different place. nominee, Mr. Ryan Bounds, that his filled on three nominees within hours Look what is happening on the Senate ‘‘writings reveal strong biases that call of being reported out of committee— floor this week. We have a nominee, into question his ability to fairly apply and not reported out of committee Michael Brennan, whose views on wom- the law and maintain confidence in the

VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.004 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2537 justice system’s ability to dispense The PRESIDING OFFICER (Mr. clear weapons being used to pursue de- even-handed justice to all.’’ HOEVEN). The assistant Democratic stabilizing Iranian activities. Just Shouldn’t that be the heart of the leader. imagine how hard and difficult it would nomination process, that we make sure NUCLEAR AGREEMENT WITH IRAN be to push back on Iranian aggression we are sending forward individuals who Mr. DURBIN. Mr. President, I think if, in fact, they had a nuclear weapon. add to the integrity of our judicial sys- we should be honest with ourselves and The purpose of the agreement was to tem, not individuals who take away the people around the world and avoid that possibility—the very agree- from it? present the reality of what Iran is ment President Trump walked away During his interviews with our com- today. from today. mittee out in Oregon—this committee Iran pursues a host of dangerous ac- Because of this agreement, Iran’s nu- continued its work, even though the tivities around the world that threaten clear weapon program has been stopped President nominated him without the United States, its interests, and its in its tracks. In fact, you have to go waiting for the committee to finish its allies. It is fomenting a proxy war in back over 10 years to find any plans work. The committee asked him if he Yemen. It supports Hezbollah and being made in Iran in the past to even had controversial writings or events in Hamas. It appears to be using its foot- consider it. The agreement was work- his life that he needed to disclose, and hold in Syria to test Israel’s defenses. ing. International inspectors have un- he said that he did not. He did not dis- And in tragic irony, Iran supports the precedented access to Iran to watch for close them. This is not an ancient fail- Syrian butcher Bashar al-Assad, who cheating. Iran does not have a nuclear ure of integrity; this is an immediate, has stooped to using chemical weapons weapon or a quick breakout ability to recent past failure of transparency and and barrel bombs to kill his own peo- make one. These are real accomplish- integrity. ple. How a regime like the Iranian re- ments toward world peace. The letter we received from the chair gime—whose own people suffered under We live in a dangerous world. Presi- of Oregon’s Federal Judicial Selection heinous chemical attacks from Iran dent Trump’s decision today will make Advisory Committee states: during the Iran-Iraq War—can stand it more dangerous. By eliminating U.S. I am writing to you as Chair of the [Or- behind Assad and Syria is incredible. participation in this agreement to stop egon] Federal Judicial Selection Advisory Having said that, we entered into an the development of nuclear weapons in Committee. I have reviewed a recent piece in agreement with Iran to stop them from Iran, we run the real possibility that the Wall Street Journal titled ‘‘Give Am- developing a nuclear weapon. Despite terrible things will follow—terrible nesty for College Writings.’’ The piece con- all these other challenges and all the things that will cost human life and cerns Ryan Bounds, a candidate for the differences we continue to have with cause even more misery around this Ninth Circuit Court of Appeals vacancy, and Iran, we said that—gathering together specifically states that our committee rec- world. ommended him. The piece notes Mr. Bounds’ with allies around the world—we want- Let’s be clear. That agreement clear- writings, but fails to point out Mr. Bounds ed to make certain that Iran did not ly states that ‘‘Iran reaffirms that never disclosed those writings to the com- develop a nuclear weapon. There were under no circumstances will Iran ever mittee at any point in the interview process. lengthy negotiations and agreements, seek, develop, or acquire any nuclear Since that time, I have heard from four which led to the nuclear agreement weapons.’’ That is an unequivocal members of the judicial selection committee with Iran to stop its development of statement. And to ensure that Iran specifically with regard to this omission. I nuclear weapons. I think it was a criti- never does, the agreement provided for can say with confidence that those four com- cally important step forward because ongoing inspections by the Inter- mittee members as well as myself would not have ranked Mr. Bounds as we did had we Iran with a nuclear weapon would be a national Atomic Energy Agency. They known about these deeply troubling danger not only to Israel and the Mid- weren’t just inspecting the obvious writings. dle East but also to the world. places; they were inspecting the entire Mr. Bounds’ writings themselves are objec- It was that agreement which I sup- supply chain that Iran would have to tionable not only for the views they express, ported and which was overwhelmingly turn to to develop a nuclear weapon. but for the intemperate and demeaning tone supported by Democrats in the Senate Ernest Moniz was Secretary of En- that he uses to express his opinion. Equally, when President Obama negotiated it. ergy under President Obama. He is a if not more disturbing, Mr. Bounds failed to The Republicans opposed it. The can- physicist by training. He has received disclose these writings when specifically didate for President on the Republican asked by the committee about his views on global recognition for his expertise. He equity and diversity. Although he felt free to side, Mr. Trump, said that it was a ter- sat at the table because he knows what volunteer details about his life going back to rible agreement, and he thought we it takes to develop a nuclear weapon. childhood, he misled the committee in re- should never have entered into it. He He put into this agreement which sponse to this important inquiry. For this had all sorts of derogatory things to President Trump is walking away from reason, five of the seven committee members say about the Iran nuclear agreement. today the kind of access for inspection no longer recommend Mr. Bounds. But the fact is, that agreement went in that gives us the assurance that Iran That is what we heard from the Or- place and was implemented. Inter- cannot cheat, and if they tried, we egon committee. national inspectors were sent into Iran. would catch them. We have a responsibility to the insti- Those inspectors enforced that agree- Anyone arguing that Iran is allowed tutions of governance of the United ment and have reported to the United to build a nuclear bomb under this States of America, with the funda- States—and personally to Members of agreement after a certain period is mental principle embedded in those the Senate, including me—repeatedly simply wrong and misleading the three words: ‘‘We the People’’—govern- that Iran is complying with the terms American people. I have met with ment of, by, and for the people. We of this agreement and is not developing IAEA Director General Amano several have seen a series of significant bills a nuclear weapon. For all of the dif- times. Each time, I was very blunt and where it is the exact opposite of this: ferences we have with Iran, the facts direct with him: Tell me what your ex- bills designed to destroy healthcare for and the evidence are clear: They were perience has been in Iran. Tell me, if millions of Americans, bills that put us living up to the terms of the nuclear your inspectors wanted to go through a deep in debt in order to deliver the pro- agreement so that they would not de- certain door, inspect a certain installa- ceeds to the richest Americans. It is velop a nuclear weapon and threaten tion, go inside a certain facility, were perhaps the biggest bank heist in the Israel and that region of the world. they stopped by Iran? history of the world. Despite the progress made by this He told me: If we were stopped and Now we see an effort to sully the in- agreement, today President Trump an- protested, they opened the door. We tegrity, to damage the legitimacy of nounced his decision to halt the waiver have never had a failure of access. our courts. That is unacceptable, and of sanctions related to Iran and the nu- That is what he told me repeatedly, we need to rethink our course and clear agreement—in essence, to step over and over again. He said the same honor our responsibility to strengthen, away from the agreement and to say thing to Democratic Senators he spoke not undermine, the beautiful architec- that the United States will no longer with—that Iran was in compliance with ture of our ‘‘we the people’’ Nation. be party to it. That nuclear agreement the nuclear agreement and that IAEA Thank you. with Iran removed the threat of nu- inspectors were able to resolve any

VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.005 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2538 CONGRESSIONAL RECORD — SENATE May 8, 2018 areas. Where they contested and said seriously hope to bring peace to the We had an agreement, a good one. It ‘‘We should have access,’’ they were Korean Peninsula by putting the Amer- was brokered by a group of nations given access. ican signature and name on the line in that were unlikely allies: China, Rus- I hope President Trump will actually a negotiation to stop the development sia, Western European nations, and the read this agreement. I wish he had sat of nuclear weapons in that area of the United States. Of course, that is an un- down and spent a few minutes with In- world. usual grouping, but they all agreed spector Amano before making this What will President Trump do if Iran Iran should not have a nuclear weapon, fateful decision today. I know it is restarts its nuclear weapon program? and we moved forward with an agree- probably good political theater for Is he prepared to face the prospects of ment that was working until this some to blast any international agree- another war in the Middle East—a war President, just 2 hours ago, came be- ment or related effort that was taken with nuclear weapons? Certainly we fore the American people and said the up by President Obama, but let me re- will have no inspectors there anymore United States is walking away from mind my colleagues of other negotia- if President Trump has his way, and that agreement. tions undertaken with troubling re- that can only set us back and open the Sadly, it is a reckless decision. It is gimes that served our national security door to the possibility of a nuclear Iran a historic, tragic, and reckless deci- interest. in the future. Does that make America sion, which runs the risk of allowing It was President John Kennedy who safer? Does that make the world safer? this country, Iran, to develop a nuclear negotiated with the Soviets during the Of course not. Is this just about weapon, threaten the region, and Cuban missile crisis, bringing us back undoing what President Obama did, threaten the world. We live in a dan- from the brink of nuclear war. keeping some campaign promise, gerous world, and we need a President It was President Richard Nixon who which, frankly, doesn’t serve the best who understands that. negotiated with the Chinese on normal- interest of peace in the world or our I yield the floor. izing relations, even while that Com- own national security. The PRESIDING OFFICER. The Sen- Mr. Trump and my colleagues on the munist regime was providing weapons ator from Hawaii. other side of the aisle who support this to the North Vietnamese who were NOMINATION OF MICHAEL BRENNAN move and are unwilling to speak fighting our soldiers. Ms. HIRONO. Mr. President, just be- against it, the situation being created fore we left for last week’s State work Of course, who can forget that it was by walking away from the nuclear period, the majority leader filed clo- President Ronald Reagan who nego- agreement with Iran is now in your ture on six nominees for Federal cir- tiated with the Soviets while that hands, on your watch. I hope some- cuit courts. He did not take this action Communist nation had thousands of thing good can come from this. nuclear warheads pointed at the United By all accounts, the American people in a vacuum. States of America? They were occu- overwhelmingly oppose what President Over the past year and a half, the pying Eastern Europe, and they were Trump did today. The American people majority leader and the Republicans in supporting troubling regimes around know we live in a dangerous world. the Senate have joined with Donald the world. Yet President Reagan sat They have heard over and over again Trump to try to pack our Federal down and negotiated with them. about the prospects of a nuclear attack courts with ideological judicial nomi- Let’s recall how many on the right of from North Korea. The notion that nees who seek to change American law the political spectrum savaged Presi- Iran would now develop a nuclear to match their partisan politics. dent Reagan for negotiating with the weapon does not make America feel To accomplish this goal, the major- Soviets on nuclear arms reduction. Let any safer, and by a margin of 2 to 1, ity leader and Senate Republicans have me read an excerpt from the January they tell President Trump: What you also been eliminating procedural 17, 1988, New York Times about the op- announced today was wrong. It does checks designed to ensure a fair and position President Ronald Reagan not make us any safer. qualified judiciary. One of those checks faced in negotiating an arms agree- There have been many opportunities is the blue-slip requirement—a mecha- ment with the Soviets—criticism ee- in this country to work together on a nism for Senators to indicate their ap- rily familiar to what we have been bipartisan basis on foreign policy. His- proval of nominees from their States. hearing today from President Trump. torically, that was almost always the In the past, when Senators objected Here is what they said about President case—as it should be. Sadly, those days to a judicial nomination in their home Reagan: are behind us. Instead, now it is State, with almost no exceptions, the Already, right-wing groups . . . have straight partisanship. If President Judiciary Committee took no further mounted a strong campaign against the INF Obama wanted it, President Trump action on that nominee. This was be- treaty. They mailed out close to 300,000 let- happens to oppose it. cause the Constitution requires the ters opposing it. They have circulated 5,000 Look at the decision on the Paris cli- President to get the advice and consent cassette recordings of Gen. Bernard Rogers, mate agreement. That was an agree- of the Senate when nominating judges. former Supreme Commander of the North ment reached by every nation in the Traditionally, this has been done by Atlantic Treaty Organization, attacking it. world, and President Trump stepped consultation with the home State Sen- And finally, they are preparing to run news- ators, but the majority leader and his paper ads this month savaging Reagan as a away from it, saying: When it comes to new Neville Chamberlain, signing an accord climate change, the United States does Republican colleagues have largely with Hitler— not want to engage in this global con- abandoned this constitutional safe- guard. Of his day— versation. When it came to healthcare in the The Judiciary Committee has, and gullibly predicting ‘‘peace for our time.’’ United States, President Trump said: I though very rarely, scheduled hearings The conservative National Review’s want to eliminate ObamaCare—elimi- for nominees who lack one blue slip May 22, 1987, edition had a cover titled nate the Affordable Care Act. Across and whose home State Senators have ‘‘Reagan’s Suicide Pact.’’ the United States, we are now seeing returned negative blue slips. While opposed by some at the time, I dramatic increases in health insurance Now, tomorrow, we will have a hear- doubt few in this Chamber on either premiums because of President ing for a Ninth Circuit nominee for side of the aisle would look back today Trump’s decision and the opposition by whom no blue slips have ever even been and say that President Reagan’s nego- Members of Congress on the Repub- returned. This has never happened in tiations with the Soviets and the even- lican side against the Affordable Care the modern history of the Senate, and tual agreement weren’t in the best in- Act. it certainly was not the standard the terest of America’s national security. Now we are walking into a new terri- majority leader and the chair of the So here we are today with President tory. It is not just climate change; it is Judiciary Committee applied to Presi- Trump plunging us and our allies into not healthcare; it is the safety of this dent Obama’s judicial nominees. uncertainty when it comes to an Ira- world. It is a question about whether It does not have to be this way. It is nian nuclear weapon and the credi- another nation will join the nuclear possible for home State Senators to bility of America’s word around the club—a nation we have plenty of dif- confer with this administration and world. It is not very good timing if we ferences with. identify nominees acceptable to both

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He hold the Supreme Court.’’ They are appointments—Jill Otake for the dis- wrote: taking this same approach to all of our trict court and Mark Bennett for the If, after reexamination of a legal decision, Federal courts. Ninth Circuit. We returned our blue a court concludes that the ruling was incor- I take the Senate’s constitutional ob- slips, and the nominations are moving rect, stare decisis does not require that the ligation to provide advice and consent forward. rule of that case be followed. . . . Bush-ap- on judicial nominees very seriously. Abandoning the blue slip has nothing pointed judges cannot accurately be labeled We should be carefully considering a to do with overcoming so-called Demo- as activists for reexamining and following nominee’s record to ensure they under- cratic obstruction of President only correct precedent. stand that courts are supposed to pro- Trump’s judicial nominees. This Presi- I interpret this op-ed to mean that a tect the rights of minorities. dent has seen more circuit court nomi- judge is free to determine whether he The courts do not belong to Demo- nees confirmed at a faster pace than or she will agree that the precedent is crats or Republicans, despite the fact any modern President. In fact, he has correct. That is not how the law works. that Donald Trump has said Repub- bragged about the pace of confirmation So we, in the Judiciary Committee, licans must always hold the Supreme of his judges, including at the State of asked Mr. Brennan about this article Court. He applies that, by the way, to the Union Address. during his confirmation hearing, and the district courts as well as circuit Instead, abandoning the blue-slip he came up with a clever explanation courts. We must ensure that judges process is about gutting checks and for it. He claimed his article asserted with lifetime appointments will treat balances that would prevent Donald that judges are not necessarily bound all Americans—all Americans, and, I Trump from packing the court with by decisions of their own district or would say, particularly minorities and ideologically driven judges as quickly their own circuit. His article, he women—fairly in court. This is what as possible. claimed, did not argue that judges can the blue-slip requirement is really This week, we are considering one of disregard precedent of higher, control- about. Home State Senators have a those judges—Michael Brennan—whose ling courts. That is not what he wrote. unique role in ensuring that the Fed- nomination should not proceed. It has It is a convenient explanation, I eral judges serving in their States are come to the Senate without the tradi- admit, but it doesn’t really hold up if highly qualified, understand the impor- tional advice and consent and over the you read his op-ed, where he clearly ar- tance of applying the law fairly, and strong objection of his home State Sen- gues that President George W. Bush’s meet the needs of their community. ator, Ms. BALDWIN. judicial nominees should receive a pass I urge Senate Republicans to reverse In fact, in a particularly hypocritical for not following the law. This is what their ill-conceived decision to function- twist, Mr. Brennan was nominated to used to be called a confirmation con- ally eliminate the blue-slip require- fill a seat that has been kept open for version. ment. We must all stand together to over 7 years because the senior Senator As with too many of President respect Senator BALDWIN’s objections from Wisconsin—a Republican—refused Trump’s nominees, we are being told to and oppose this nominee—who, to me, to return a blue slip for Victoria ignore what we read or hear and set is the height of being a hypocrite—or Nourse—President Obama’s nominee aside common sense. We are told by all of us are at risk. for this very same seat. these nominees that what they talked I yield the floor. The PRESIDING OFFICER (Mr. At that time, Mr. Brennan—the about yesterday, think about today, FLAKE). The Senator from Vermont. nominee we are debating today—even wrote about yesterday—we are sup- Mr. LEAHY. Mr. President, I ask wrote an op-ed in the Milwaukee Jour- posed to just ignore all of that. We are unanimous consent that the order for nal Sentinel in 2011 arguing in favor of supposed to pretend that what someone the quorum call be rescinded. respecting the blue-slip requirement on has advocated for in the past, no mat- the Nourse nomination, saying: The PRESIDING OFFICER. The Sen- ter how recent, will have no bearing on ate is not in a quorum call. There are now two Senators from Wis- what they will do as a judge, but, re- consin from different political parties, so to The Senator is recognized. member, Judge Brennan has said he Mr. LEAHY. Mr. President, we ‘‘new’’ exclude Johnson and those citizens who doesn’t feel bound, according to his op- voted for him would be a purely partisan Members don’t think to look up at the move. ed piece, by precedent. lights. I apologize, but I appreciate Johnson represents millions of Wisconsin Judges, as former Chief Justice being recognized. citizens, just as Sen. Herb Kohl does and Rehnquist said, do not come to their SENATE’S BLUE-SLIP TRADITION Feingold did. In the same way those senators positions as blank slates. Each of them Let me be serious for a moment. I am had their say in Nourse’s first nomination, brings their own ideas and perspectives the longest serving Member of the Sen- Johnson should have his say . . . [He] just to the bench. ate, I am a former chairman of the wants to be heard and fulfill his constitu- The majority leader recently said his tional duty of ‘‘advice and consent.’’ Senate Judiciary Committee, and I feel Why can’t Johnson, elected by the citizens most consequential political act—po- obligated to speak up about the erosion of Wisconsin, participate in the selection of litical act—was blocking Judge of the norms and traditions that pro- a judge for a Wisconsin seat on the 7th Cir- Merrick Garland’s nomination to the tect the Senate’s unique constitutional cuit, as Kohl did? Supreme Court. This is the same ma- role. Now that the shoe is on the other jority leader complaining that Demo- There are only 100 Senators. We foot, Mr. Brennan is perfectly happy to crats are now obstructing President should be the conscience of the Nation. have his nomination move forward over Trump’s judicial nominees. What could We have a unique role, but, this week, the objections of one of Wisconsin’s be more obstructionist than to totally we are witnessing a further degrada- Senators—Ms. TAMMY BALDWIN. This is ignore a nominee to the Supreme tion of the once-respected role of the the kind of hypocrisy we have come to Court, no less? blue slip in the judicial confirmation expect from this administration, but I The majority leader’s unprecedented process. am also not surprised that Senator action prevented President Obama’s Now, partisans who value only polit- BALDWIN did not approve Michael Bren- well-qualified, centrist nominee from ical expediency have argued that blue nan, considering his troubling views on even having a confirmation hearing, let slips are mere slips of paper, but, in- the way the law works. He should not alone a vote, and it paved the way a stead, they represent and help preserve be confirmed to a lifetime appointment year ago for Senate Republicans to jam something far more meaningful. on the Seventh Circuit. through President Trump’s conserv- For much of this body’s history, blue In a 2001 op-ed for the National Re- ative, ideological nominee, Neil slips have given meaning to the con- view online, Mr. Brennan expressed Gorsuch—a Federalist Society-backed stitutional requirement of advice and

VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.009 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2540 CONGRESSIONAL RECORD — SENATE May 8, 2018 consent. They have protected the pre- Ninth Circuit, Ryan Bounds. He is op- will do lasting damage to the integrity rogatives of home State Senators. posed by not just one but both of his of this body. The Senate should never They are the ones who have to vouch home State Senators. If Mr. Bounds is function as a mere rubberstamp for for somebody from their State, and ultimately confirmed, it will mark the nominees seeking lifetime appoint- they are the ones who have the most at first time in the history of the U.S. ments to our Federal judiciary. stake. Senate that a judicial nominee is con- Some may dismiss these warnings. I I remember when a dear friend of firmed with opposition from both home served in the Senate long enough to mine, then-the Senator from Arizona, State Senators. It is nothing we ever know that partisan winds tend to Barry Goldwater, called and asked if he thought possible with Republican or change direction. Inevitably, the ma- could drop by and see me. He had rec- Democratic Presidents because it jority becomes the minority. It has ommended a person to President would have been too partisan. It would happened several times since I have Reagan for the U.S. Supreme Court. It have destroyed what is best for the been here. The White House changes was Sandra O’Connor. He explained Senate, would destroy the comity of hands. That has happened several how they had looked at a number of the Senate, would destroy the ability times since I have been here. Then, the people, and she was the best. With re- for Senators to represent their home shoe is on the other foot, which is pre- spect for Senator Goldwater, I agreed, State. cisely why maintaining a single, con- and I supported her. Also, this week, the full Senate will sistent policy is so critical. They have also ensured fairness and consider the nomination of Michael I urge my fellow Senators of both comity in the Senate. In many ways, Brennan to the Seventh Circuit, over parties to consider the damage we are traditions like the blue slip have been the objection of home State Senator doing to this body by abandoning one central to what makes the Senate the TAMMY BALDWIN. Mr. Brennan’s nomi- of the few remaining sources of bipar- Senate. All of us, whether we are a nation was not even supported by the tisan good will in our judicial con- Democrat or Republican, should care bipartisan Wisconsin Federal Nomi- firmation process. A vote for Mr. Bren- about good-faith consultation when it nating Commission. This is a nomi- nan is a vote to abandon our ability to comes to nominees from our own nating commission made up of Repub- serve as a check on not just this Presi- States. The reasons are both principled licans and Democrats. They did not dent but any future President of either but pragmatic. We know our States support this nomination. For years, party. Chasing expediency provides better than anybody else. We know this has been a longstanding require- fleeting advantage. It inflicts lasting who is qualified to fill a lifetime ap- ment for potential nominees of the harm on this body, and it is within our pointment to the bench, and, critically, Federal bench in Wisconsin, and be- power to put a stop to it. we know the one constant in life is im- cause the bipartisan commission I urge all my Senate colleagues to permanence. That is precisely why tra- couldn’t support him, it is no wonder ensure that home State Senators are ditions matter. Senator BALDWIN cannot, in good con- provided the same courtesies during When I became chairman of the Judi- science, return her blue slip. the Trump administration the home ciary Committee at the start of the Many of us have established proc- State Senators—both Republicans and Obama administration, every single esses. I have. I have a bipartisan proc- Democrats—were provided during the Senate Republican signed a letter mak- ess in my State. Many have established Obama administration. For that rea- ing the case for the importance of this these processes to vet and recommend son, I ask my fellow Senators to oppose tradition, and requesting that it be re- nominees in our home State. Yet some- Mr. Brennan’s nomination unless he spected during the new administration. how Mr. Brennan was nominated, and has bipartisan support from his home Republicans said: We are unified. We he may be confirmed this week, even State. must follow the blue-slip tradition. though it ignores a bipartisan commis- I yield the floor. I didn’t need that reminder. Under sion. The PRESIDING OFFICER. The Sen- my chairmanship, during both the Make no mistake, this kind of a con- ator from Oregon. Bush and the Obama administrations, I firmation would do lasting damage to Mr. WYDEN. Mr. President, first of respected the blue-slip tradition with- the Senate’s traditions, would do last- all, I want to thank the distinguished out exception, even when it was not po- ing damage to the Senate I love, would Senator from Vermont, who has been litically expedient, even when I was at- do lasting damage to a Senate, which I such a role model to me since I came to tacked for protecting a Republican served for almost 44 years. the Senate—we started working to- Senator’s prerogative. I faced pressure My concern is not about a mere piece gether on technology issues and from my own party’s leadership to hold of paper. My concern is, we are failing worked together on so many matters hearings for President Obama’s nomi- to protect the fundamental rights of dealing with appropriations and fi- nees who had not received blue slips home State Senators—Republicans and nance—for all his counsel, not just on from Republican Senators. I was criti- Democrats alike—and we are failing in this but over the years. I thank him for cized by advocacy groups and even the our constitutional duty to provide our the courtesy of being allowed to go editorial page of the New York Times. advice and consent. This is a unique re- next. I resisted such pressure. I did so be- quirement the U.S. Senators have—ad- NOMINATION OF RYAN BOUNDS cause I believed then, and I still believe vice and consent. There are 100 of us. Mr. President, there is now a vitally now, that certain principles matter Four hundred and thirty-five House important debate happening on the more than party. It was certainly what Members don’t have this; we do. Senate floor with respect to judicial every single Republican said they Mr. Brennan’s nomination makes a nominations. What is clear to me is, agreed with when President Obama was mockery of the blue-slip process. It the majority is now chipping away at a President. Not all Judiciary chairmen makes a mockery of the time-tested century of bipartisan tradition that followed the same blue-slip policy as I process that home State Senators have has protected the interests of those in did, but Chairman GRASSLEY did follow abided by in Wisconsin for decades— our home State and served as a check the same policy, at least when there under both Republican and Democratic on the power of the Executive. It is the was a Democrat in the White House. administrations, and that should con- Senate bowing down to the White Last Congress, no judicial nominee re- cern all of us. House, derelict in its constitutional re- ceived a hearing without both home I understand the pressure on my Re- sponsibility to provide or withhold ad- State Senators returning positive blue publican colleagues to help a President vice and consent on nominees. In my slips. This Congress, coinciding with a from their own party to fill judicial va- view, this is a dangerous mistake that change in the White House, there has cancies; even a President who attacks is going to have harmful consequences been a change in the blue-slip policy. the very legitimacy of our judiciary, for decades. What was sacred to Republicans for the who tweeted attacks against members Today, the debate at hand is over the Democrats is not sacred to the Repub- of the Federal judiciary. The dilemma mishandling of the nomination of Mi- licans for Republicans. is that yielding to such pressure—un- chael Brennan to the Court of Appeals Tomorrow, the Judiciary Committee dermining a Senate tradition simply for the Seventh Circuit. This could be will hold a hearing for a nominee in the due to a change in the White House— the first time in decades that a judicial

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We are honoring the bipar- is going to throw out the window a bi- said there was nothing to worry about. tisan tradition that has stood for more partisan practice that dates back more In fact, he highlighted his precollege than a century, and we are fulfilling than a century when it holds a hearing days in an effort to paint a picture of our constitutional duties. on the nomination of Ryan Bounds to diversity and tolerance, conveniently I have declined to give approval for a sit on the Ninth Circuit Court of Ap- skipping over his later intolerant hearing because I believe Mr. Bounds peals. It goes without saying that indi- writings. My view is that Mr. Bounds purposefully misled the independent viduals who are up for a lifetime seat misled the committee by this omission, Oregon committee that reviewed his on a powerful Federal court must be and he was wrong to do so. candidacy. He omitted information forthcoming and truthful in the nomi- It was not until after the committee that was vitally important during a nation process. My view is, Ryan finished its work that these writings critical time of the vetting process. Bounds hasn’t even cleared that low came to light. That is why five of the That cannot be dismissed, ignored, or bar. Mr. Bounds misled the inde- seven members of the independent Or- wished away. It is a fact and, in my pendent committee that considers po- egon judicial selection committee, in- view, a fact that is a disqualifying one. tential nominees in Oregon by with- cluding the chair, said that this would I yield the floor. holding inflammatory writings that re- have changed their decision to include I suggest the absence of a quorum. veal disturbing views on sexual assault Mr. Bounds among the committee’s The PRESIDING OFFICER (Mr. and on communities of people who are recommended candidates. Yet the JOHNSON). The clerk will call the roll. vulnerable and disadvantaged. Trump administration and the major- The bill clerk proceeded to call the He has had ample opportunity to ity on the Senate Judiciary Committee roll. clean up this mess, express remorse, have moved forward with his nomina- Mr. NELSON. Mr. President, I ask and explain how his views have tion anyway in direct violation of our unanimous consent that the order for changed, but I haven’t seen it. The longstanding practices. the quorum call be rescinded. comments I have seen suggest Mr. Here is the second tradition that The PRESIDING OFFICER. Without Bounds views this as a matter of poor could be thrown out, and it goes back objection, it is so ordered. word choice and youthful indiscre- yet further. Not once in more than a NUCLEAR AGREEMENT WITH IRAN tion—an issue he can almost dismiss century has the Senate held a hearing Mr. NELSON. Mr. President, the with a small wave of the hand. In my on a judicial nominee without having President just announced that the view, that is wrong, he is wrong, and an input from either home-State Senator. United States will withdraw from the individual up for a lifetime seat on a This tradition has stood for 101 years Iran nuclear deal. The President says Federal bench has an obligation to do and has benefited both sides as a check he wants a better deal. So do a lot of better than that. Yet his nomination on the power of the President. us. The fact is, we need to keep pres- has moved forward anyway. Let me briefly quote a letter that the sure on Iran with additional economic This action by the majority—what entire Senate Republican Conference sanctions that will stop it from devel- will happen tomorrow unless common sent to the last President at the begin- oping ICBM missiles. That was not part sense and good will and tradition pre- ning of his term in 2009. They wrote of the Iran nuclear agreement. We need vail tonight—will throw in the dustbin that dating back to the Nation’s found- to ratchet up the pressure on Iran in a century of bipartisan tradition. To- ing, the Senate has had a ‘‘unique con- order to stop its ICBM missile pro- morrow will cheapen the advice and stitutional responsibility to provide or gram. consent role of the U.S. Senate, and withhold its Advice and Consent on Pulling out of the Iran nuclear deal this body will cede power to the execu- nominations.’’ is a tragic mistake. It will divide us tive branch. They continued: ‘‘Democrats and Re- from our European allies, and it will First, to explain what I mean, I am publicans have acknowledged the im- allow Iran to build a nuclear weapon— going to discuss the practice we have portance of maintaining this principle, a nuclear bomb—within a year, as com- maintained in Oregon with respect to which allows individual senators to pared to 7 to 12 years in the future if judges. When there are vacancies on provide valuable insights into their we stay in the agreement. I think keep- the bench, Oregon Senators convene an constituents’ qualifications for federal ing an atomic weapon out of a radical independent committee of Oregonians service.’’ religious outfit like Iran, headed by an from all over the legal community to So, in 2009, when a Democrat was in Ayatolla, is clearly in the free world’s select and interview candidates for ju- the White House, my Republican col- interest. Certainly, it is for the free dicial nominations. The committee leagues stood firm on maintaining this world. Clearly, it is for the United performs a thorough, statewide search, tradition, and the Democrats did. The States, as it is for all of our allies. conducts rigorous interviews, and then last administration and Democratic That is why the United States had such recommendations are made to Oregon’s leaders here in the Senate respected broad support in an agreement that two Senators. Senator MERKLEY and I the request of our Republican col- Iran not build a nuclear weapon. Pull- review those recommendations, and we leagues. There were no hearings on ju- ing out of this agreement risks all of submit a short list to the President for dicial nominations when neither home- the unprecedented restrictions on his consideration. For us, this process State Senator had consented. Now the Iran’s nuclear program that are in is the core of what advice and consent Republican majority is on the verge of place right now—the hundreds of visits is all about when it comes to judicial breaking that practice, in lockstep by the IAEA, the International Atomic nominees. We even wrote to the cur- with the White House, to seat a nomi- Energy Agency, and its ability to get rent White House counsel very early on nee when there are, in my view, serious in behind locked doors. Before this in the new administration—now more red flags. agreement, we never had that kind of than a year ago—to make sure they To my colleagues in the Senate, the insight into Iran. Now is the time to were up to date about this long- White House might believe that pro- continue ramping up the pressure on standing Oregon practice. viding advice and consent begins and Iran, not to back off, as pulling out of As part of the work the independent ends with this body’s rubberstamping the agreement will cause us to do. committee does in Oregon, candidates whatever names are sent, and the ma- First things first, let’s keep restric- are asked whether anything in their jority in the Senate might be happy to tions on Iran’s nuclear program—the past would have a negative impact on go along with that. I believe that is the lessened enriched uranium, the com- their potential nomination. Any law- wrong way to go. plete cementing over of the plutonium yer who has read up on a hard-fought Neither Senator MERKLEY nor I have plant, the ability to inspect and verify. nomination in the past ought to know given our approval for this nomination Then what we ought to be doing is dou- that inflammatory writings about to go forward. As I have noted in con- bling down on Iran’s ballistic missile women, people of color, and LGBTQ versations with the chairman of the program, on its regional aggression, on Americans certainly qualify as poten- committee, we are not stonewalling, its support for terror, and on its human

VerDate Sep 11 2014 00:55 May 09, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.012 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2542 CONGRESSIONAL RECORD — SENATE May 8, 2018 rights violations. It was the tough U.S. one of the most productive engines of it ‘‘the longest, most widespread, and and international sanctions that life on Earth. It is home to 25 percent possibly the most damaging coral brought Iran to the table in the first of the world’s fish biodiversity. The bleaching event on record.’’ place, and it was we in this Congress corals use calcium carbonate—a com- This graphic shows how severe and who enacted many of those economic pound usually readily available in pervasive the bleaching was. The light sanctions. ocean water—to build their hard skele- blue areas on the map, which you real- To sum up, we need to put more pres- tons. These hard structures shelter the ly don’t see any of, represent the parts sure on Iran with additional economic living coral polyps and undergird the of the ocean that are under no stress. sanctions to stop it from developing its entire ecosystem that depends on the These are the continents. There is ICBM missiles, and pulling out of the reef. Without the corals, the whole North America and South America. Iran nuclear agreement now is a tragic thing collapses. Over here is Australia. There is Asia. mistake. It will divide us from our Eu- The living corals have evolved a sym- And the red parts are the oceans. ropean allies, and it will cause Iran to biotic relationship with tiny photosyn- The lighter red is ‘‘Alert Level 1’’ build a nuclear bomb within a year in- thetic algae called zooxanthellae. The areas, where heat stress led to signifi- stead of preventing it from building algae live in the surface tissue of the cant coral bleaching. The deeper red is one for at least 7 to 12 years. That corals. It is the algae that provide the ‘‘Alert Level 2’’ areas, which experi- seems, to me, to be a choice that we color that you see healthy corals dis- enced not only widespread coral made at the time we entered this play. The corals’ metabolic waste is bleaching but also significant coral agreement. It seems to be all the more converted by the algae back into food die-off. This white box right here clear today that we ought to continue and oxygen for the corals, and, in turn, marks the Great Barrier Reef. You can the agreement. corals shelter the algae. see that severe coral bleaching in the I yield the floor. However, the range of pH, tempera- northern edges of the Great Barrier I suggest the absence of a quorum. ture, salinity, and water clarity within Reef, and this was new. According to The PRESIDING OFFICER. The which this symbiotic magic takes place NOAA, these are areas where bleaching clerk will call the roll. had never occurred before. The senior assistant legislative clerk is fairly narrow. Get outside that com- In 2016 scientists with the Australian proceeded to call the roll. fort range, and the corals get stressed. Mr. WHITEHOUSE. Mr. President, I When they are stressed enough, they Research Council’s Centre of Excel- ask unanimous consent that the order begin to evict their algae. This is what lence for Coral Reef Studies undertook for the quorum call be rescinded. is called ‘‘coral bleaching.’’ The corals extensive aerial and in-water surveys The PRESIDING OFFICER (Mr. whiten as they shed their colorful of the Great Barrier Reef to estimate DAINES). Without objection, it is so or- algae. the extent of the damage. Out of the dered. Of course, without the algae, corals over 900 individual reefs that were sur- Mr. WHITEHOUSE. Mr. President, I can’t live for long. The algae can reset- veyed, only 7 percent of those reefs es- ask unanimous consent to speak for up tle, and the corals can recover, but if caped bleaching, and 93 percent were to 15 minutes as in morning business. the algae don’t resettle, the corals soon hit. In the northern portion of the The PRESIDING OFFICER. Without die. That is what is happening in huge Great Barrier Reef, upwards of 80 per- objection, it is so ordered. swaths of the Great Barrier Reef, and cent of the corals were severely CLIMATE CHANGE here is why. bleached. Mr. WHITEHOUSE. Mr. President, As we have pumped massive quan- When the researchers returned, they situated off the northeast corner of tities of waste CO2 into the atmos- found that up to two-thirds of those Australia lies one of the seven natural phere, dramatically raising the con- corals in the northern section had died. wonders of the world, a wonder that is centration of carbon dioxide in the The central and southern sections visible from space—the Great Barrier Earth’s atmosphere, the oceans have fared better but still saw corals dying. Reef. Each year, around 2 million visi- absorbed approximately 30 percent of A recent paper in Nature by Aus- tors come from around the globe to ex- all of that excess carbon dioxide. tralian and NOAA researchers totaled perience the Great Barrier Reef. They We recently broke a dangerous new the damage. The paper’s lead author, come to see hundreds of species of atmospheric record, exceeding a Dr. Terry Hughes, told The Atlantic: sharks, dolphins, fish, mollusks, monthly average of 410 parts per mil- ‘‘On average, across the Great Barrier whales, seabirds, and other marine life lion of carbon dioxide in the atmos- Reef, one in three corals died in nine thriving in nearly 133,000 square miles phere for the first time in human his- months.’’ of coral reef. Some of these coral struc- tory. In the northern section of the reef, tures are thought to date back as long For comparison, at the start of the researchers found that some species, as 25 million years. When Pope Francis Industrial Revolution, atmospheric such as staghorn and table corals, suf- spoke of the ‘‘wonderworld of the carbon dioxide was around 280 parts per fered what they called a ‘‘catastrophic seas,’’ this is the kind of beauty and million. That is 280 not so long ago and die-off.’’ In total, about one-half of the bounty he had in mind. 410 now, and 300 had been about the northern range’s corals died. It is difficult to imagine something upper limit of carbon dioxide in the at- Dr. Hughes went on to say the Great so expansive and ancient threatened so mosphere for as long as human beings Barrier Reef ‘‘has transformed into a profoundly by one of Earth’s more re- have been on this planet. completely new system that looks dif- cent inhabitants—humans—but it is. About a third of all of that added CO2 ferently, and behaves differently, and The oceans are taking the brunt of our gets absorbed by the ocean, and it is functions differently.’’ That is climate modern carelessness. They are warm- absorbed with a chemical reaction that change. ing, acidifying, and literally suffo- makes the ocean more acidic. That is In an interview with Huffington Post, cating under our carbon dioxide emis- why we talk about ocean acidification. Dr. Hughes said the heat wave that sions. They are fouled with our plastic At the same time that the oceans caused the bleaching was so intense garbage, and they are polluted with have been soaking up all of that excess that some of the corals basically runoff from farming and storm water CO2, they have also been soaking up ‘‘cooked’’ and died quickly. Usually, if wash into the sea. heat—lots of heat—roughly 90 percent corals can’t recover their algae after a I have come to the floor before to of the excess heat trapped in the at- bleaching event, they slowly starve to plead that my Senate colleagues heed mosphere by these greenhouse gases. death. Some of the less resilient spe- the warnings of our oceans. Those As a result of all of that heat, the cies crashed by up to 90 percent in the warnings are loud and clear and meas- oceans are warming as they get more recent bleaching. urable. They are measurable with ther- acidic, more often knocking the corals Dr. Hughes made clear to the Atlan- mometers, tide gauges, and simple pH out of the conditions they need for that tic that human-caused climate change tests, and they are chronicled by the symbiosis to thrive. was the driving force behind this coral testimony of fishermen and sailors. We are only 1 year out from the mas- bleaching. Indeed, the title of his na- Today I wish to focus on that Great sive bleaching that tore across the ture article is, ‘‘Global warming trans- Barrier Reef. A healthy coral reef is globe from 2014 to 2017. NOAA branded forms coral reef assemblages.’’

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.013 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2543 Dr. John Bruno from the University to protect more vulnerable species. But Not a single one of us voted for of North Carolina said that the loss of that research nibbles at the fringes of ObamaCare. They wrote the bill. If the Great Barrier Reef’s corals is ‘‘like this global die-off. There is some local- they are looking for someone to blame, clear-cutting a redwood forest.’’ He ized work on things like sun shields to they should look in the mirror. went on: help protect shallow corals during peak Running around, pointing fingers, In 10 years, you’re going to have a lot of heat. Senator MCCAIN and I visited ef- and trying to find someone else to stuff on the ground, but you’re not going to forts to rebuild shattered coral reefs in blame is a little like selling somebody have the old-growth forest back. Some of Indonesia, but these tiny efforts can’t a house with a leaky roof and then these corals were 10, 30 years old, but a lot of offset the global onslaught of climate blaming the new owner for the leaky them were centuries old. In 100 years—if change unless we move fast to address roof. Democrats built the house with there is no more warming—they could re- the real problem. the leaky roof. They built these insur- turn. Australia announced last week that ance markets—the individual markets, In 100 years, they could return. it would invest around $400 million in a where no one can find insurance. They Dr. Hughes and his colleagues, how- patchwork of efforts to protect the wrote the sloppy law. They failed to ever, were less optimistic in their na- Great Barrier Reef: increasing moni- make the markets competitive, and ture paper. They wrote: ‘‘The most toring and enforcement, for instance; they erased the ability of consumers to likely scenario, therefore, is that coral limiting pollution runoff from shore; have choices. They didn’t follow the reefs throughout the tropics will con- trying to keep out certain invasive law when they paid out cost-sharing tinue to degrade over the current cen- starfish; and trying to help restore lost payments that were designed to help tury until climate change stabilizes, corals. But the plan does not address low-income Americans pay for their allowing remnant populations to reor- the main culprit behind coral bleach- out-of-pocket expenses, and—this is the ganize into novel, heat-tolerant reef as- ing, and that culprit is climate change. very worst—when Republicans were semblages.’’ Remnant populations are Scientists noticed that omission, in- prepared 1 month ago to stabilize these all they expect to survive. cluding the Australian Academy of markets and, according to the Oliver Researchers are trying to understand Science, which pointed out the problem Wyman healthcare experts, to lower the consequences of losing so much that the reef is ‘‘highly vulnerable to rates by up to 40 percent over 3 years, coral in our seas. Obviously, if you climate change,’’ and ‘‘urge[d] the gov- the Democrats said no. harm the corals, you harm the reef; if ernment to address the cause of the President Trump asked Speaker you harm the reef, you destabilize life problem.’’ RYAN and he asked Senator MCCONNELL throughout the reef, and that is bad for The call of those scientists is a call to put that bipartisan proposal in the oceans. that we, too, ought to heed. One of the omnibus spending bill that passed. The A recent paper in Global Change Bi- great wonders of God’s Earth is on its Republicans said yes, and the Demo- ology found severe declines in the pop- way to turning into a sandy relic be- crats said no. So the rates are going up ulations of the fish most connected cause we are unwilling to say no to the because Democrats wrote the law, and with the corals hit hardest by the fossil fuel industry. It is that simple. they said no to lowering the rates. bleaching. So the cascade effect is al- This coral die-off is one of innumer- What Democrats don’t say—but ready observed. able consequences that our Earth is al- every American should know very The Great Barrier Reef even sounds ready warning us with. It is not the well—is that health insurance rates different. A study published last week only signal; it is one of many. But didn’t start increasing when President in the Proceedings of the National nothing that can’t be monetized for an Trump took office 15 or 16 months ago. Academy of Sciences compared the industry seems to get our attention Insurance rates have been increasing lively underwater cacophony of a vi- around here. Instead, it appears we will since ObamaCare took effect more than brant Great Barrier Reef in 2012 with have to look future generations in the 5 years ago. the quiet of bleached locations in 2016. eye and tell them that there was once In 2010, there was a big discussion at The life that teems around a healthy a Great Barrier Reef, that it was one of the Blair House. I was invited to make reef decreased with the loss of the cor- the wonders of the world, and that we the Republican case for President als. let it die to keep the fossil fuel indus- Obama, who stayed there all day and There are actually some open-ocean try happy. listened. species, like juvenile clownfish—or the It is time we woke up. I said: Respectfully, Mr. President, Nemos—that actually rely on sound I yield the floor. the Affordable Care Act will not work. coming off these reefs from all the life The PRESIDING OFFICER. The Sen- I said directly to him that ObamaCare and all the feeding and all the activity ator from Tennessee. would send an unfunded Medicaid man- and that actually use that sound to HEALTHCARE date to States. It did. find reefs to go settle on. So this quiet Mr. ALEXANDER. Mr. President, for I said: It will cut Medicare by one- of dying reefs makes their job of find- the sixth consecutive year, ObamaCare half trillion dollars. It did. ing new homes harder. insurance rates are going up, and I said: There will be new taxes in it. Climate change makes the heat Democrats are already running around There were. waves that spur coral bleaching more pointing fingers, trying to find some- I said: It will mean that for millions intense and also more frequent, leaving one else to blame. of Americans, premiums will go up be- corals less time to recover before the About 10 days ago, the distinguished cause when people pay those new taxes, next heat wave hits, and we may see Democratic leader came to the floor premiums go up, and they will also go the more vulnerable corals fail to re- and warned that, very soon, health in- up because of the government man- cover at all as the waters warm too surance companies will be announcing dates—and they have, for 5 years. Now much for them to survive. rates for 2019 in each State across the the Democrats are pointing out that A study published earlier this year in country. He said that many health in- their law, which they passed, will cause Science looked at 100 tropical reefs and surance companies will propose rate in- rates to go up for the sixth consecutive found that only 6 had avoided bleach- creases. year. ing. Bleaching events that occurred in Today, several Democratic Senators Back in 2010, I said: Our country is the past, once in a generation, now held a press conference saying that in- too big, too complicated, too decentral- occur around every 6 years. As the surance rates are going to go up in 2019. ized for Washington, DC—just a few of Guardian summarized it, ‘‘Repeated Well, they are exactly right. Insurance us here—to write a few rules about re- large-scale coral bleaching events are premiums are going to go up in 2019, making 17 percent of the economy all the new normal thanks to global warm- just as they have for the 5 previous at once. That is the size of the ing.’’ years of ObamaCare. But they are ex- healthcare economy. That sort of So what can we do about it? Sci- actly wrong about who to blame. thinking works in the classroom, but it entists are working to better under- The Democrats wrote the bill. They doesn’t work very well in the big, com- stand what makes certain corals more wrote ObamaCare, and they voted for plicated country which is the United resilient and to try to use these lessons ObamaCare—every single one of them. States of America. Since the

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.019 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2544 CONGRESSIONAL RECORD — SENATE May 8, 2018 ObamaCare exchanges opened in 2014, hearings. Out of those meetings and Senate participated in—reinsurance, history has proved this—what I said— hearings, we came up with three pro- cost-sharing subsidies, and more flexi- to be right. posals that Congress could pass that bility without changing the basic guar- The Affordable Care Act has not would temporarily lower rates over the antees of the Affordable Care Act. That worked the way Democrats promised. next 3 years, according to Oliver sounds very much like a proposal that It certainly hasn’t worked that way for Wyman, one of the most well-respected might come from the other side of the Marty, a farmer in Tennessee who healthcare experts in the country, by aisle, not the Republican side of the stopped me at a Chick-fil-A last De- up to 40 percent over those 3 years. aisle. Yet, on the Saturday before we cember. She wanted to tell me that be- No. 1, our proposal had 3 years of re- passed the omnibus spending bill, fore ObamaCare her rates were $300 a insurance grants at $10 billion a year President Trump called Speaker RYAN month. She is in the individual mar- so States could create funds to insure and Senator MCCONNELL and said: Will ket. She doesn’t get a subsidy. She the needs of the very sick. You take you please put that provision in the pays these rates herself. This year, it is the very sick out of the pool, care for omnibus spending bill? $1,300. Next year, it will be more. them, and then you can lower the rates They said yes. The Democrats said Rates in Tennessee for people like for everyone in the individual market. no. Marty went up 58 percent this past That is 3 years and $10 billion a year. The Democrats have written this year. That is a lot of money. People That was the first proposal. ObamaCare bill, which for 6 years has can’t afford it. She is one of thousands No. 2 is 3 years of cost-sharing reduc- raised rates. Then, we come up with a of others in Tennessee who have seen tion subsidies to help low-income proposal that every Democrat should their premiums increase 176 percent Americans pay out-of-pocket expenses. like, and they say no. They will not since 2013, the year before the It is counterintuitive, but when you even support changing one sentence of ObamaCare marketplaces opened. pay those expenses, you actually lower a law, even if it changes parts that The Affordable Care Act hasn’t the deficit. You lower the cost to tax- don’t work and that they are for. worked for the 9 million Americans, payers because it lowers the premiums, What was their reason? Here is their like Marty, who purchased their health and that lowers the subsidies. You ac- reason. They would not apply to our insurance in the individual market and tually save taxpayer money when you proposal the traditional Hyde com- received no government subsidy. They pay those 3 years of cost-sharing sub- promise language regarding Federal have been hammered by skyrocketing sidies. funding for elective abortions. What insurance premiums, and Democrats No. 3, we took a provision that is in that basically says is that there may come to the floor and say: Well, they the Affordable Care Act called the in- be no Federal funding for elective abor- are going up for the sixth straight novation waiver—it was already there, tions, but States may do what they year. and it wasn’t working—and we agreed want. That has been the compromise If I were them, I would want to keep to streamline it so that it would work since 1976. Since 1976, in every omnibus it quiet. But, no, they are looking for and the State might make an applica- appropriations bill, Democrats have somebody to blame. They don’t want to tion and say we have a better idea. voted for that. In fact, all those look in the mirror. They wrote the bill. We said: You can’t change the essen- weren’t omnibus bills. Some of them They are the reason the rates are going tial health benefits and you can’t were different appropriations bills. up. They have rejected any reasonable change the prohibition on lifetime lim- Since 1976, in every appropriations bill, attempt to change the law. They will its. You still have to give people an Democrats have voted for the Hyde not even support changes that they are offer of insurance if they have a pre- amendment. In the omnibus appropria- for—that they know aren’t working. existing condition. All of those provi- tions bill that we passed a month ago, The Affordable Care Act does not sions and protections were still in our Democrats voted for the Hyde amend- work because it is too Washington, DC, bill, but that new flexibility would ment more than 100 times in other pro- focused. It has made insurance too ex- have allowed Iowa and other States to posals, but they would not vote to pensive, and it is hurting the American increase their choices and lower pre- lower health insurance rates by 40 per- people. So last year, Republicans tried miums. It would have allowed New cent over 3 years. to repeal the law to help make health York, Minnesota, and New Hampshire I will say that again. Even though insurance work again for people like to do things their Democratic Senators they voted for the Hyde language every Marty, the farmer I met at Chick-fil-A. said they badly wanted to do and their year since 1976 and voted for it 100 We came up short. Governors said they badly wanted to times in the omnibus bill, they would While I hope that Senators GRAHAM do. not vote for it. They would not vote for and CASSIDY can build a coalition to There was new authority for a cata- our proposal to lower rates even try again, there is still the urgent strophic insurance policy with lower though it was bipartisan because they problem of skyrocketing ObamaCare premiums and higher deductibles that didn’t want to apply that same com- premiums. It did not have to be this people could choose. That was in there promise Hyde amendment to health in- way. The Senator from Washington, too. This is the package that the Oliver surance. Mrs. MURRAY—the lead Democrat on Wyman expert said if you are a con- Howard Baker, the Senate majority the Senate HELP Committee—and I tractor and you are making $60,000 and leader, once said that the essence of last year announced that we would your insurance is $20,000, it could re- Senate leadership is becoming an elo- hold hearings to see if there were steps duce your premium from $20,000 to quent listener. That means hearing and Congress could take to stabilize and $12,000 over 3 years. That was the pack- understanding what people have to say strengthen the individual health insur- age. because what they are saying is not al- ance markets so that Americans could Almost all Democrats liked those ways what they mean. buy insurance at affordable prices in three ideas. The truth is, a lot of Re- My conclusion is that, by their words 2019. publicans and conservative groups were and by their actions, what Democrats President Trump called me in August skeptical about them because they said really were saying is this: We will not of last year, and he asked me to work it would ‘‘shore up ObamaCare.’’ But change one sentence of ObamaCare, with Senator MURRAY to try to come the Congressional Budget Office said even the parts that obviously are not up with a temporary solution so people that if the scoring reflects the cost- working and even when most of the who were hurt by the skyrocketing sharing payments being paid, our pro- Democrats would support the policy ObamaCare prices would not be hurt posal would actually save taxpayer dol- and the changes. while Congress concluded what to do in lars by lowering premiums and, there- Given the Democrats’ attitude, I the long term. In September, our com- fore, lowering subsidies. know of nothing that Republicans and mittee hosted four bipartisan hearings. So this would sound like a very good Democrats can agree on to stabilize the We invited all of the Senators to come proposal; wouldn’t it? It is something individual health insurance market. I to meetings before the hearings. We that at one point Democratic leaders know of nothing. had about half of the Members of the said every Democrat could vote for, No one regrets Congress’s failure to Senate involved in those meetings and something that more than half of the reach an agreement on this more than

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.020 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2545 I do. I ran for the U.S. Senate because the opioid crisis, overall healthcare I did not return a blue slip for Mi- I wanted to achieve bipartisan results costs, electronic healthcare records, chael Brennan because his nomination on important issues. I have often been prescription drug prices, and the 340B does not reflect the consensus between able to do that, but I literally struck program. the White House and home State Sen- out here. Contrary to the Democratic leader’s ators that the chairman of Judiciary When Democrats blocked these pro- speech, this is not a crisis of Repub- Committee, Mr. GRASSLEY, praised in posals from being included in the omni- licans’ making. Democrats should look 2015. Mr. Brennan did not receive the bus in March, I said: ‘‘Now let’s look in the mirror. The last 5 years and the requisite support from Wisconsin’s bi- down the road . . . insurance compa- upcoming 6 years of premium increases partisan judicial nominating commis- nies will announce their rates for 2019 are the fault of a law designed, drafted, sion, which has been used in some form . . . and rates will continue going up and voted on exclusively by Democrats. for nearly four decades to identify can- instead of going down.’’ Last year, Republicans freed Ameri- didates for Federal judgeships in my They are right about that. Already in cans from the individual mandate re- home State. Senator JOHNSON and I the last few days, it has been an- quirement, which was a tax on the poor have worked to continue this long- nounced that rates will go up in 2019. that forced many Americans to buy in- standing process during my tenure in Millions of Americans will be hearing surance they couldn’t afford or didn’t the Senate, and it has actually pro- more about that. The Democrats could meet their needs. We tried to provide duced consensus nominees who have have worked with us to lower pre- even more freedom from this unwork- been confirmed to two vacancies on our miums by up to 40 percent. They in- able law, but, as I have detailed, Demo- district courts and for two U.S. attor- crats said no. stead chose to cling to an unworkable ney positions. If you have an insurance premium law, to skyrocketing rates, and to re- More troubling still is a fact made that is going up 40 percent next year, ject any change that would have tem- clear in Mr. Brennan’s answers to the on top of the more than 105 percent in- Judiciary Committee’s questionnaire; porarily reduced rates, even though the creases since 2013, you can thank the namely, that President Trump never President and the Republican leaders Democrats. If you would like greater were willing to support ideas that the choice and an opportunity for lower intended to respect that commission’s Democrats, as a matter of policy, al- premiums, you should support Repub- work for this vacancy. The White most unanimously support. licans. House interviewed Michael Brennan for For relief, we will have to turn to the I yield the floor. the job on the very day our bipartisan Trump administration and to the The PRESIDING OFFICER. The Sen- nominating commission began to so- States. I am encouraged by Labor Sec- ator from Wisconsin. licit candidates for its consideration. retary Acosta’s proposed rule on asso- NOMINATION OF MICHAEL BRENNAN Chairman GRASSLEY has made an ar- ciation health plans. It would help Ms. BALDWIN. Mr. President, I rise gument that the White House engaged some self-employed Americans, like this afternoon to urge my colleagues to me in meaningful consultation regard- Marty, the farmer, and employees of oppose the confirmation of Michael ing this vacancy. It is true that White small companies to buy the same kind Brennan to the U.S. Court of Appeals House Counsel Don McGahn called me of insurance with the same lower cost for the Seventh Circuit. By bringing to inform me that Mr. Brennan was the and the same protections that roughly Mr. Brennan’s nomination forward President’s choice. I urged him, in- 160 million Americans who work for without my support, Chairman GRASS- stead, to consider consensus nominees large employers have today. In other LEY and Leader MCCONNELL are break- who could garner bipartisan support, words, if you work for IBM, you in ef- ing with a longstanding Senate tradi- including Donald Schott, who earned fect get about a $5,000 average tax tion that has guaranteed a voice for the requisite support of Wisconsin’s break because of the way the tax law home State Senators, regardless of nominating commission. He also gar- applies to employer insurance. We party, in the consideration of judicial nered Senator JOHNSON’s and my blue would like to give the same oppor- nominees. slips in the last Congress as well as the tunity to the self-employed and to peo- The blue slip is an important part of support of a bipartisan majority of the ple in small businesses. this institution and its historic respect Senate Judiciary Committee. Sadly, he The Trump administration has also for the rights of each Senator, as well didn’t come up for a confirmation vote proposed a rule that would reaffirm the as the rights of the minority party. As due to obstruction in setting the cal- role of States in regulating short-term the chairman of the Judiciary Com- endar—a choice by the majority leader. health insurance and that could pro- mittee, Mr. GRASSLEY himself wrote in Unfortunately, instead of nominating a vide a coverage option for Americans 2015: consensus candidate, President Trump who are uninsured because plans in the This tradition is designed to encourage chose to move forward in a partisan Affordable Care Act markets are too outstanding nominees and consensus be- manner on this vacancy. expensive. Neither of these changes re- tween the White House and home State Sen- Seven years ago, the U.S. Senate re- quire the approval of Congress. ators. Over the years, Judiciary Committee spected the prerogative of my col- I am talking with Secretary Azar and chairs of both parties have upheld a blue-slip league and my senior Senator, Mr. process, including [most recently] Senator Seema Verma, the Administrator of JOHNSON—then a newly elected Senator PATRICK LEAHY of Vermont . . . who stead- the Centers for Medicare and Medicaid fastly honored the tradition even as some in from Wisconsin—when he objected to a Services, about other administrative his own party called for its demise. I appre- nominee for this very vacancy whose actions they can take to give States ciate the value of the blue-slip process and selection he had not had a role in. Mr. more flexibility within the current law also intend to honor it. Brennan himself, at the time, coau- to help lower health insurance pre- Today, respect for that time-honored thored an op-ed in our State’s largest miums, especially for the 9 million blue slip comes to an end. Not only is newspaper that praised Senator JOHN- working Americans who do not receive Michael Brennan being considered on SON’s refusal to return a blue slip for a Federal subsidy in the individual the Senate floor, but tomorrow the that nominee, Victoria Nourse. When market. Senate Judiciary Committee will hold President Obama made a second nomi- Those are the ones who are getting a hearing on a nominee for a tradi- nation for this position in 2016, I am hammered. Those are the one whose tional Oregon seat on the Ninth Circuit confident Senator LEAHY would not rates we could have reduced by up to 40 for whom neither Oregon Senator has have allowed that nominee, Donald percent over the next 3 years, but the returned a blue slip. I urge my col- Schott, to have advanced in the Judici- Democrats said no. leagues to recognize that while today’s ary Committee without my senior Sen- I will be encouraging Governors and action disrespects my role as the junior ator’s blue slip. State insurance commissioners to do Senator from Wisconsin, tomorrow it Today, I am not being accorded the everything they can to repair the dam- may well be you. With the majority’s same respect. Today, we send the mes- age caused by the Affordable Care Act, choice to end this tradition, each of us sage that neither this nor a future but my own efforts as chairman of the is diminished in our own ability to rep- President needs to respect the role of HELP Committee will turn to other resent the constituents who chose to home State Senators in the selection of pressing healthcare issues, including send us here. judicial nominees. I urge my colleagues

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.021 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2546 CONGRESSIONAL RECORD — SENATE May 8, 2018 to oppose this action and this nominee tive comments, and talking about a Tarawa. Among them was First Ser- and this dispensing with a time-hon- woman’s appearance do not constitute geant Quinn, who passed away on No- ored tradition of this institution. sexual harassment or a hostile work vember 20, 1943. Though he and his new I yield the floor. environment. In Mr. Engelhardt’s bride, Zoe, had spent just 4 months to- I suggest the absence of a quorum. court, a woman who is ordered by her gether prior to his death, she later re- The PRESIDING OFFICER. The doctor to be on bedrest can be fired 2 marked that they enjoyed more happi- clerk will call the roll. weeks after giving birth because ‘‘the ness in those 4 months than most peo- The bill clerk proceeded to call the fact that Plaintiff’s absences were ple find in a lifetime. roll. caused by pregnancy does not dispense Like many others, First Sergeant Mr. MCCONNELL. Mr. President, I with the general requirement that em- Quinn’s remains were unidentified ask unanimous consent that the order ployees must show up for work.’’ until 2016, when a DNA sample led to a for the quorum call be rescinded. Then there is Judge Engelhardt’s ex- positive match with his nieces. On May The PRESIDING OFFICER. Without tremely disturbing ruling overturning 4, 2018, nearly 75 years after his death, objection, it is so ordered. the convictions of five former New Or- First Sergeant Quinn was reunited JOINT REFERRAL—PN1884 leans police officers in the Danziger with his family and buried with full Mr. MCCONNELL. Mr. President, I Bridge case. This was a case that was military honors back home in Temple, ask unanimous consent that PN1884, described at the time as ‘‘the most sig- NH. the nomination of John Lowry III, of nificant police misconduct prosecution Though this expression of gratitude Illinois, to be Assistant Secretary of since Rodney King,’’ but Mr. is long overdue, we must never miss an Labor for Veterans’ Employment and Engelhardt overturned the convictions opportunity to thank those men and Training, sent to the Senate by the because three of the prosecutors wrote women in uniform who have put their President, be referred jointly to the anonymous blog posts, even though the life on the line to keep us safe, secure, Health, Education, Labor, and Pen- judge acknowledged that there was no and free. We must never forget their sions and Veterans’ Affairs Commit- evidence that any of the jurors had sacrifice. tees. ever read these posts. Mr. Engelhardt’s I hope you will join me in honoring a The PRESIDING OFFICER. Without ruling in the Danziger Bridge case is brave Granite Stater, First Sergeant objection, it is so ordered. exactly the kind of action that makes David Quinn. May he rest in peace. so many Americans distrust our crimi- Mr. MCCONNELL. Mr. President, I f ask unanimous consent that notwith- nal justice system and amplifies the standing the provisions of rule XXII, racial inequalities that exist in it. TRIBUTE TO REAR ADMIRAL the postcloture time on the Engelhardt Too many Americans have been de- LEONARD C. DOLLAGA nied justice in Mr. Engelhardt’s court nomination expire at 12 noon tomor- Mr. DAINES. Mr. President, today I row, May 9, and the Senate vote on for the Members of the U.S. Senate to reward and elevate him to a position of wish to recognize the service and confirmation of the Engelhardt nomi- achievements of an esteemed and val- nation with no intervening action or higher authority. Therefore, I would like it to be known on the record that ued member of our Armed Forces, debate; further, that if confirmed, the RDML Leonard C. Dollaga, U.S. Navy, motion to reconsider be considered I oppose Judge Engelhardt’s nomina- tion to serve on the Fifth Circuit Court on the unanimous confirmation of his made and laid upon the table and the promotion on Thursday, April 26, 2018. President be immediately notified of of Appeals and would have voted in the negative had I been able to be here. Over the past 2 years, I have had the the Senate’s action. pleasure of working with Admiral The PRESIDING OFFICER. Without f Dollaga in his capacity as Director of objection, it is so ordered. HONORING FIRST SERGEANT the Navy’s Appropriations Matters Of- f DAVID H. QUINN fice. As the principal representative of the Secretary of the Navy and the LEGISLATIVE SESSION Ms. HASSAN. Mr. President, today I would like to honor the life of U.S. Ma- Chief of Naval Operations to the Sen- rine Corps First Sergeant David H. ate and House Appropriations Commit- tees, he has provided invaluable sup- MORNING BUSINESS Quinn of Temple, NH. In 1941, First Sergeant Quinn enlisted port to Members and committee staff Mr. MCCONNELL. Mr. President, I in the U.S. Marine Corps Reserves. He in presenting the budgetary needs of ask unanimous consent that the Sen- would train at Parris Island, SC, and the Department of the Navy for our ate resume legislative session for a pe- Quantico, VA, before being assigned to consideration and ensured timely and riod of morning business, with Sen- a newly created amphibious tractor transparent communication flow to ators permitted to speak therein for up battalion based in Dunedin, FL, which support Congress’s enactment of appro- to 10 minutes each. was preparing for war in the Pacific priations for fiscal years 2017 and 2018. The PRESIDING OFFICER. Without Theater. Throughout that time, Admiral objection, it is so ordered. His unit brought him to San Diego, Dollaga has provided superior support f where he was promoted to first ser- to me during a number of engagements geant, and eventually to New Zealand with political and military leaders VOTE EXPLANATION for further training in amphibious as- across the Asia-Pacific region. I would Mr. MERKLEY. Mr. President, I re- saults. It was there that he met Zoe like to share with you some highlights gret that, due to unforeseeable flight Boeson, who was working to become a of his fine career. delays, I was unable to make it back nurse. David and Zoe were married on For the past 28 years, Admiral here to Washington in time for the clo- June 28, 1943, just 4 months before his Dollaga excelled in leading our Navy’s ture vote on Kurt Engelhardt’s nomi- unit shipped out. sailors aboard fast-attack and fleet nation for the Fifth Circuit Court of In 1943, with Company C, 2nd Am- ballistic missile submarines. He served Appeals. Had I been present, I would phibious Tractor Battalion of the 2nd sea tours on the USS Los Angeles, SSN have voted against cloture. Marine Division, First Sergeant Quinn 688; USS Rhode Island, SSBN 740 (Blue); His record on the district court is arrived on Betio in the Tarawa Atoll as and USS Cheyenne, SSN 773. He com- deeply troubling, particularly those part of Operation Galvanic. The island manded USS Charlotte, SSN 766, fol- concerning sexual harassment, reli- was critical to the U.S. island-hopping lowed by a command tour as com- gious discrimination, civil rights, and campaign and also to the Japanese, modore of Submarine Development discriminating against women who who used it as a base for attacking U.S. Squadron Twelve, where he was in choose to have children in the work- Forces in the Central Pacific. charge of nine fast-attack submarines force—a right that should be open to The marines successfully captured and led the tactical development of the every American woman without fear of Betio, but 1,029 marines were killed and U.S. Submarine Force. losing one’s job. In Mr. Engelhardt’s approximately 2,700 men wounded on Ashore, his assignments enabled him court, ogling, groping, making sugges- what came to be known as bloody to positively impact the submarine

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He served as an admis- Today Altoona is home to Iowa’s pre- graduated from Chadron State College sions officer at the U.S. Naval Acad- mier entertainment destinations, with in Chadron, NE, where she studied emy; the technical assistant to the di- seemingly unlimited potential ahead. criminal justice and legal studies. rector of Naval Nuclear Propulsion; the While Altoona’s numerous regional at- Kellie is a dedicated and diligent work- nuclear officer program manager and tractions may define the landscape of er who has been devoted to getting the submarine officer community manager the city, there is no doubt it is the peo- most out of her internship experience on the staff of the Deputy Chief of ple of Altoona who define its fabric. and who has been a true asset to the of- Naval Operations, Manpower, Per- Over the years, Altoona’s leadership fice. sonnel, Training, and Education; the has never forgotten its roots, and de- I extend my sincere thanks and ap- prospective commanding officer in- spite world-class amenities and contig- preciation to Kellie for all of the fine structor for the Pacific submarine uous proximity to Iowa’s capital and work she has done and wish her contin- force; and the chief of the program and largest city, Altoona continues to ued success in the years to come.∑ budget branch on the Joint Staff, Pro- maintain that small town feeling that gram and Budget Analysis Division. Iowans know and love. f There is no better place in America His current assignment as director of TRIBUTE TO NATALEE DEAETTE the Navy’s Appropriations Matters Of- to raise a family than Iowa, and Al- fice, FMBE, exposed him to the widest toona is a shining example of why. I in- ∑ Mr. SANDERS. Mr. President, I possible view of the Department of the vite my colleagues in the U.S. Senate would like to recognize a remarkable Navy’s budgetary requirements within to join me in congratulating the city of Vermonter, Natalee Deaette, who was the broader context of the national de- Altoona on their sesquicentennial, and recently selected as a 2018 Truman fense arena, preparing him well for fu- I wish them another 150 prosperous scholar. Natalee is one of just 59 out- ture leadership at the highest levels of years.∑ standing college students from across our Navy. f the country who was honored this year As Admiral Dollaga departs the Pen- by the Harry S. Truman Scholarship 10TH ANNIVERSARY OF JUPITER tagon for his next assignment, I want Foundation with this prestigious grad- INLET LIGHTHOUSE OUT- to take this opportunity to urge my uate fellowship for young people who STANDING NATURAL AREA colleagues to join me in extending our are pursuing careers as public service congratulations to him on his pro- ∑ Mr. NELSON. Mr. President, today leaders. motion; to thank him, his wife, Lani, marks a special day. It is the 10th anni- Natalee is a member of Boston Col- and his family for their years of serv- versary of the designation of the Jupi- lege’s class of 2019, where she studies ice; and to wish him ‘‘fair winds and ter Inlet Lighthouse Outstanding Nat- applied psychology and human develop- following seas’’ as he continues to lead ural Area. This 120-acre site in Palm ment, with a focus on community ad- our Navy in the years ahead. Beach County, FL, contains invaluable vocacy and social policy and a minor in Thank you. historic and cultural resources, includ- managing for social impact. She is in- f ing an archaeological record showing volved in BC’s Undergraduate Govern- continuous Native American settle- ment and Emerging Leader Program, ADDITIONAL STATEMENTS ment dating back 5,000 years. the McGillycuddy Logue Fellows Pro- Every year, tens of thousands of visi- gram, the Montserrat Coalition, Appa- tors enjoy tours of the restored 1860 Ju- TRIBUTE TO SOPHIA VELLA lachia Volunteers, and the Global Med- piter Inlet Lighthouse and historical ical Brigades. These are all very nota- ∑ Mr. BARRASSO. Mr. President, I grounds, which include the 1892 George ble activities and achievements that would like to take the opportunity to Washington Tindall House. demonstrate the depth of Natalee’s express my appreciation to Sophia for The Federal designation also protects commitment to her community. her hard work as an intern in the Com- the area’s rich natural environment What makes Natalee’s story all the mittee on Environment and Public along the Indian River Lagoon, which more impressive is that she broke Works. I recognize her efforts and con- provides habitat for over two dozen through significant barriers to get to tributions to my office, as well as to State or federally listed species, from this place in her life. Natalee is a na- the State of Wyoming. the West Indian manatee to the Florida tive of the most rural and economi- Sophia is a native of Virginia. She is scrub jay. a student at Virginia Polytechnic and A decade ago, I filed legislation to cally challenged area of Vermont, State University, where she is studying protect this special area, and on May 8, where college graduation rates are well political science and foreign affairs. 2008, President George W. Bush signed below the State and national averages. She has demonstrated a strong work it into law, Public Law 110–229. To this She is herself a first-generation college ethic, which has made her an invalu- day, the Jupiter Inlet Lighthouse Out- student and understands just how dif- able asset to our office. The quality of standing Natural Area remains the ficult it can be to navigate the world of her work is reflected in her great ef- only unit of the 34-million-acre Na- higher education. forts over the last several months. tional Landscape Conservation System While in high school, Natalee greatly I want to thank Sophia for the dedi- east of the Mississippi River. benefited from participating in John- cation she has shown while working for I would like to commend the many son State College’s acclaimed Upward me and my staff. It was a pleasure to partners who help the Department of Bound program, which helps motivated have her as part of our team. I know the Interior take care of this heritage first-generation high school students she will have continued success with landmark, including the Loxahatchee prepare for college success. The experi- all of her future endeavors. I wish her River Historical Society, Palm Beach ence so influenced Natalee that she has all my best on her next journey.∑ County, the town of Jupiter, the vil- worked for the program for the past 3 years. She also credits Upward Bound f lage of Tequesta, and the U.S. Coast Guard. Together, we have ensured this for inspiring her to pursue a career in SESQUICENTENNIAL OF ALTOONA, area will be preserved for future gen- public service and addressing edu- IOWA erations.∑ cational inequity among disadvantaged ∑ youth, particularly those from rural Mrs. ERNST. Mr. President, today I f wish to recognize the city of Altoona, areas. IA, which was founded 150 years ago. TRIBUTE TO KELLIE MORFORD I, like many Vermonters, am enor- Originally named because of its loca- ∑ Mr. ROUNDS. Mr. President, today I mously proud of all that Natalee has tion as the highest point—or altitude— recognize Kellie Morford, an intern in already accomplished, and we look for- on the Des Moines Valley Railroad, Al- my Washington, DC, office, for all the ward to what she will achieve in the fu- toona has continued to reach for new hard work she has done on behalf of ture. I join with Natalee’s friends and heights since its plot was recorded in myself, my staff, and the State of family in congratulating her for being 1868. Altoona has come a long way from South Dakota. named a Truman scholar and wishing its turn of the century, coal-mining Kellie is a graduate of Spearfish High her the best of luck in her future en- identity. School in Spearfish, SD. Recently, she deavors.∑

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.023 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2548 CONGRESSIONAL RECORD — SENATE May 8, 2018 RECOGNIZING CALLIE’S BISCUITS To the Congress of the United States: and feasible actions to ensure a reli- ∑ Mr. SCOTT. Mr. President, today it I am pleased to transmit to the Con- able supply of low enriched uranium is my pleasure to honor Callie’s Bis- gress, pursuant to subsections 123 b. fuel to Mexico. cuits, a small business in Charleston, and 123 d. of the Atomic Energy Act of The Agreement has a term of 30 SC, that serves up homemade, nation- 1954, as amended (42 U.S.C. 2153(b), (d)) years, although it can be terminated ally recognized biscuits. (the ‘‘Act’’), the text of an Agreement by either party on one year’s advance Callie’s was founded in 2005 by Carrie between the Government of the United written notice. In the event of termi- Morey to bring her mother Callie’s bis- States of America and the Government nation or expiration of the Agreement, cuit recipe to folks across the country. of the United Mexican States for Co- key nonproliferation conditions and I had a chance to meet Carrie in per- operation in Peaceful Uses of Nuclear controls will continue in effect as long son, and there is no question that she Energy (the ‘‘Agreement’’). I am also as any material, equipment, or compo- exudes the exact traits required of pleased to transmit my written ap- nent subject to the Agreement remains someone determined to run a pros- proval, authorization, and determina- in the territory of the party concerned perous business. Today the company tion concerning the Agreement and an or under its jurisdiction or control has since expanded to three locations, unclassified Nuclear Proliferation As- anywhere, or until such time as the including Charleston’s Upper King Dis- sessment Statement (NPAS) con- parties agree that such material, trict and the Charleston City Market. cerning the Agreement. In accordance equipment, or components are no Her goal was to build a business around with section 123 of the Act, a classified longer usable for any nuclear activity her passion for southern food while cre- annex to the NPAS, prepared by the relevant from the point of view of safe- ating a healthy environment for her to Secretary of State, in consultation guards. still spend time with her family. When with the Director of National Intel- Mexico has a strong track record on Carrie first started the company, she ligence, summarizing relevant classi- nonproliferation and has consistently only used part-time help. She now em- fied information, will be submitted to reiterated its commitment to non- ploys 65 people who help her carry out the Congress separately. A joint memo- proliferation. It is a party to the Trea- her business’s day-to-day operations, randum submitted to me by the Secre- ty on the Non-Proliferation of Nuclear while keeping the tradition of southern taries of State and Energy and a letter Weapons and has concluded a Com- biscuit-making alive. from the Chairman of the Nuclear Reg- prehensive Safeguards Agreement and The story of Callie’s Biscuits is ex- ulatory Commission stating the views Additional Protocol with the Inter- emplary of the American entrepre- of the Commission are also enclosed. national Atomic Energy Agency. Mex- neurial spirit that we are honoring dur- An addendum to the NPAS containing ico has a strong system of nuclear ex- ing National Small Business Week. a comprehensive analysis of the export port controls and has harmonized its Callie’s and other small businesses play control system of Mexico with respect controls with the Nuclear Suppliers a critical and unique role in our na- to nuclear-related matters, including Group guidelines. A more detailed dis- tional economy and our communities. interactions with other countries of cussion of Mexico’s domestic civil nu- Carrie’s success has brought great joy proliferation concern and the actual or clear activities and its nuclear non- to South Carolinians and has garnered suspected nuclear, dual-use, or missile- proliferation policies and practices is national recognition for her biscuits. related transfers to such countries, provided in the NPAS and its classified Carrie also gives back to her commu- pursuant to section 102A(w) of the Na- annex. nity; she is a guest lecturer at the Col- tional Security Act of 1947 (50 U.S.C. I have considered the views and rec- lege of Charleston Business School’s 3024(w)), is being submitted separately ommendations of the interested depart- entrepreneurship classes and serves as by the Director of National Intel- ments and agencies in reviewing the an adviser to innovators at a baking ligence. Agreement and have determined that incubator she operates. In this role, she The Agreement has been negotiated its performance will promote, and will advises these entrepreneurs on both in accordance with the Act and other not constitute an unreasonable risk to, baking and operating a small business. applicable law. In my judgment, it the common defense and security. Ac- I would like to congratulate Carrie and meets all applicable statutory require- cordingly, I have approved the Agree- all the employees of Callie’s Biscuits ments and will advance the non- ment and authorized its execution and for the positive impact they are mak- proliferation and other foreign policy urge that the Congress give it favor- ing in the lowcountry and beyond, and interests of the United States. able consideration. The Agreement contains all of the I wish them continued success in their This transmission shall constitute a provisions required by subsection 123 a. business.∑ submittal for purposes of both sub- of the Act. It provides a comprehensive sections 123b. and 123d. of the Act. My f framework for peaceful nuclear co- Administration is prepared to begin MESSAGES FROM THE PRESIDENT operation with Mexico based on a mu- immediately consultations with the Messages from the President of the tual commitment to nuclear non- Senate Foreign Relations Committee United States were communicated to proliferation. It would permit the and the House Foreign Affairs Com- the Senate by Ms. Ridgway, one of his transfer of material, equipment (in- mittee, as provided in subsection 123b. secretaries. cluding reactors), components, and in- Upon completion of the 30 days of con- formation for nuclear research and nu- f tinuous session review provided for in clear power production. It would not subsection 123b., the 60 days of contin- PRESIDENTIAL MESSAGES permit the transfer of Restricted Data uous session review provided for in sub- or sensitive nuclear technology. Any section 123d. shall commence. special fissionable material transferred TEXT OF AN AGREEMENT BE- DONALD J. TRUMP. could only be in the form of low en- THE WHITE HOUSE, May 8, 2018. TWEEN THE GOVERNMENT OF riched uranium, with the exception of f THE UNITED STATES OF AMER- small quantities of material for use in ICA AND THE GOVERNMENT OF samples, standards, detectors, or tar- REPORT OF 38 RESCISSIONS OF THE UNITED MEXICAN STATES gets or for such other purposes as the BUDGET AUTHORITY—PM 35 FOR COOPERATION IN PEACEFUL parties may agree. The PRESIDING OFFICER laid be- USES OF NUCLEAR ENERGY—PM Through the Agreement, Mexico fore the Senate the following message 34 would affirm its intent to rely on exist- from the President of the United The PRESIDING OFFICER laid be- ing international markets for nuclear States, together with accompanying fore the Senate the following message fuel services involving sensitive nu- papers; which was referred jointly, pur- from the President of the United clear technologies (i.e. enrichment and suant to the order of January 30, 1975, States, together with accompanying reprocessing), and the United States as modified by the order of April 11, reports and papers, which was referred would affirm its intent to support 1986; to the Committees on Appropria- to the Committee on Foreign Rela- these international markets and would tions, the Budget; Agriculture, Nutri- tions: agree to endeavor to take necessary tion, and Forestry; Environment and

VerDate Sep 11 2014 01:42 May 09, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.024 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2549 Public Works; Energy and Natural Re- reau to submit a report on the backlog accompanying papers, reports, and doc- sources; Finance; Health, Education, of personnel security clearance inves- uments, and were referred as indicated: Labor, and Pensions; Banking, Hous- tigations, and for other purposes. EC–5064. A communication from the Acting ing, and Urban Affairs; the Judiciary; Administrator of the Specialty Crops Pro- Foreign Relations; and Commerce, At 5:06 p.m., a message from the gram, Agricultural Marketing Service, De- Science, and Transportation: House of Representatives, delivered by partment of Agriculture, transmitting, pur- Mr. Novotny, one of its reading clerks, suant to law, the report of a rule entitled To the Congress of the United States: announced that the House has passed ‘‘Honey Packers and Importers Research, In accordance with section 1012 of the the following joint resolution, without Promotion, Consumer Education and Indus- Congressional Budget and Impound- amendment: try Information Order; Change in Producer Eligibility Requirements and Implementa- ment Control Act of 1974 (2 U.S.C. 683), S.J. Res. 57. Joint resolution providing for I herewith report 38 rescissions of congressional disapproval under chapter 8 of tion of Charges for Past Due Assessments’’ budget authority, totaling $15.4 billion. title 5, United States Code, of the rule sub- ((RIN0581–AD03) (Docket No. AMS–SC–16– 0124)) received during adjournment of the The proposed rescissions affect pro- mitted by Bureau of Consumer Financial Protection relating to ‘‘Indirect Auto Lend- Senate in the Office of the President of the grams of the Departments of Agri- Senate on May 2, 2018; to the Committee on culture, Commerce, Energy, Health and ing and Compliance with the Equal Credit Opportunity Act’’. Agriculture, Nutrition, and Forestry. Human Services, Housing and Urban EC–5065. A communication from the Acting Development, Justice, Labor, State, f Administrator of the Specialty Crops Pro- Transportation, and the Treasury, as MEASURES REFERRED gram, Agricultural Marketing Service, De- well as of the Corporation for National partment of Agriculture, transmitting, pur- The following bills were read the first suant to law, the report of a rule entitled and Community Service, Environ- and the second times by unanimous ‘‘Oranges and Grapefruit Grown in the Lower mental Protection Agency, Railroad consent, and referred as indicated: Rio Grande Valley in Texas; Decreased As- Retirement Board, the Millennium H.R. 1496. An act to designate the facility sessment Rate’’ ((7 CFR Part 906) (Docket Challenge Corporation, and the United of the United States Postal Service located No. AMS–SC–17–0037)) received during ad- States Agency for International Devel- at 3585 South Vermont Avenue in Los Ange- journment of the Senate in the Office of the opment. les, California, as the ‘‘Marvin Gaye Post Of- President of the Senate on May 2, 2018; to the The details of these rescissions are fice’’; to the Committee on Homeland Secu- Committee on Agriculture, Nutrition, and set forth in the enclosed letter from rity and Governmental Affairs. Forestry. H.R. 4301. An act to designate the facility EC–5066. A communication from the Acting the Director of the Office of Manage- of the United States Postal Service located Administrator of the Specialty Crops Pro- ment and Budget. at 201 Tom Hall Street in Fort Mill, South gram, Agricultural Marketing Service, De- DONALD J. TRUMP. Carolina, as the ‘‘J. Elliott Williams Post Of- partment of Agriculture, transmitting, pur- THE WHITE HOUSE, May 8, 2018. fice Building’’; to the Committee on Home- suant to law, the report of a rule entitled f land Security and Governmental Affairs. ‘‘Pistachios Grown in California, Arizona, H.R. 4335. An act to amend title 38, United and New Mexico; Decreased Assessment MESSAGES FROM THE HOUSE States Code, to provide for headstones and Rate’’ ((7 CFR Part 983) (Docket No. AMS– At 2:34 p.m., a message from the markers for, and interment in national SC–17–0048)) received during adjournment of cemeteries of, deceased spouses and depend- the Senate in the Office of the President of House of Representatives, delivered by ent children of members of the Armed Forces Mrs. Cole, one of its reading clerks, an- the Senate on May 2, 2018; to the Committee serving on active duty, and for other pur- on Agriculture, Nutrition, and Forestry. nounced that the House has passed the poses; to the Committee on Veterans’ Af- EC–5067. A communication from the Acting following bills, in which it requests the fairs. Administrator of the Specialty Crops Pro- concurrence of the Senate: H.R. 4574. An act to designate the facility gram, Agricultural Marketing Service, De- of the United States Postal Service located H.R. 1496. An act to designate the facility partment of Agriculture, transmitting, pur- at 108 West Schick Road in Bloomingdale, Il- of the United States Postal Service located suant to law, the report of a rule entitled linois, as the ‘‘Bloomingdale Veterans Me- at 3585 South Vermont Avenue in Los Ange- ‘‘Tomatoes Grown in Florida; Decreased As- morial Post Office Building’’; to the Com- les, California, as the ‘‘Marvin Gaye Post Of- sessment Rate’’ ((7 CFR Part 966) (Docket mittee on Homeland Security and Govern- fice’’. No. AMS–SC–17–0051)) received during ad- mental Affairs. H.R. 4301. An act to designate the facility H.R. 4722. An act to designate the facility journment of the Senate in the Office of the of the United States Postal Service located of the United States Postal Service located President of the Senate on May 2, 2018; to the at 201 Tom Hall Street in Fort Mill, South at 111 Market Street in Saugerties, New Committee on Agriculture, Nutrition, and Carolina, as the ‘‘J. Elliot Williams Post Of- York, as the ‘‘Maurice D. Hinchey Post Of- Forestry. fice Building’’. fice Building’’; to the Committee on Home- EC–5068. A communication from the Acting H.R. 4335. An act to amend title 38, United land Security and Governmental Affairs. Administrator of the Specialty Crops Pro- States Code, to provide for headstones and H.R. 4840. An act to designate the facility gram, Agricultural Marketing Service, De- markers for, and interment in national of the United States Postal Service located partment of Agriculture, transmitting, pur- cemeteries of, deceased spouses and depend- at 567 East Franklin Street in Oviedo, Flor- suant to law, the report of a rule entitled ent children of members of the Armed Forces ida, as the ‘‘Sergeant First Class Alwyn ‘‘Cranberries Grown in States of Massachu- serving on active duty, and for other pur- Crendall Cashe Post Office Building’’; to the setts, et al.; Free and Restricted Percentages poses. Committee on Homeland Security and Gov- for the 2017–18 Crop Year for Cranberries’’ ((7 H.R. 4574. An act to designate the facility ernmental Affairs. CFR Part 929) (Docket No. AMS–SC–17–0061)) of the United States Postal Service located received during adjournment of the Senate f at 108 West Schick Road in Bloomingdale, Il- in the Office of the President of the Senate linois, as the ‘‘Bloomingdale Veterans Me- MEASURES PLACED ON THE on May 2, 2018; to the Committee on Agri- morial Post Office Building’’. CALENDAR culture, Nutrition, and Forestry. EC–5069. A communication from the Acting H.R. 4722. An act to designate the facility The following bill was read the sec- of the United States Postal Service located Administrator of the Specialty Crops Pro- at 111 Market Street in Saugerties, New ond time, and placed on the calendar: gram, Agricultural Marketing Service, De- York, as the ‘‘Maurice D. Hinchey Post Of- H.R. 4. An act to reauthorize programs of partment of Agriculture, transmitting, pur- fice Building’’. the Federal Aviation Administration, and for suant to law, the report of a rule entitled H.R. 4840. An act to designate the facility other purposes. ‘‘Oranges, Grapefruit, Tangerines and of the United States Postal Service located The following bill was read the first Pummelos Grown in Florida and Imported at 567 East Franklin Street in Oviedo, Flor- and second times by unanimous con- Grapefruit; Change of Size Requirements for ida, as the ‘‘Sergeant First Class Alwyn sent, and placed on the calendar: Grapefruit’’ ((7 CFR Parts 905 and 955) (Dock- et No. AMS–SC–17–0063)) received during ad- Crendall Cashe Post Office Building’’. H.R. 4910. An act to amend title 38, United journment of the Senate in the Office of the H.R. 4910. An act to amend title 38, United States Code, to provide outer burial recep- President of the Senate on May 2, 2018; to the States Code, to provide outer burial recep- tacles for remains buried in National Parks, Committee on Agriculture, Nutrition, and tacles for remains buried in National Parks, and for other purposes. and for other purposes. Forestry. f The message further announced that EC–5070. A communication from the Acting Administrator of the Specialty Crops Pro- the House has agreed to the amend- EXECUTIVE AND OTHER COMMUNICATIONS gram, Agricultural Marketing Service, De- ment of the Senate to the bill (H.R. partment of Agriculture, transmitting, pur- 3210) to require the Director of the Na- The following communications were suant to law, the report of a rule entitled tional Background Investigations Bu- laid before the Senate, together with ‘‘Oranges, Grapefruit, Tangerines, and

VerDate Sep 11 2014 01:42 May 09, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.003 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2550 CONGRESSIONAL RECORD — SENATE May 8, 2018 Pummelos Grown in Florida; Change in Size Acquisition Policy, Department of Defense, EC–5091. A communication from the Chief Requirements for Oranges’’ ((7 CFR Part 905) transmitting, pursuant to law, the report of Counsel, Federal Emergency Management (Docket No. AMS–SC–17–0064)) received dur- a rule entitled ‘‘Defense Federal Acquisition Agency, Department of Homeland Security, ing adjournment of the Senate in the Office Regulation Supplement: Statement of Pur- transmitting, pursuant to law, the report of of the President of the Senate on May 2, 2018; pose for Department of Defense Acquisition’’ a rule entitled ‘‘Final Flood Elevation Deter- to the Committee on Agriculture, Nutrition, ((RIN0750–AJ69) (DFARS Case 2018–D005)) re- minations’’ ((44 CFR Part 67) (Docket No. and Forestry. ceived during adjournment of the Senate in FEMA–2018–0002)) received during adjourn- EC–5071. A communication from the Acting the Office of the President of the Senate on ment of the Senate in the Office of the Presi- Administrator of the Specialty Crops Pro- April 27, 2018; to the Committee on Armed dent of the Senate on May 2, 2018; to the gram, Agricultural Marketing Service, De- Services. partment of Agriculture, transmitting, pur- EC–5083. A communication from the Direc- Committee on Banking, Housing, and Urban suant to law, the report of a rule entitled tor of Defense Pricing and Procurement and Affairs. ‘‘Subpart Nomenclature Change; Technical Acquisition Policy, Department of Defense, EC–5092. A communication from the Assist- Amendment’’ ((7 CFR Parts 900, 915, 917, 923, transmitting, pursuant to law, the report of ant General Counsel for Legislation, Regula- 925, 932, 946, 948, 953, 955, 956, 958, 981, 984, 987, a rule entitled ‘‘Defense Federal Acquisition tion and Energy Efficiency, Department of and 993) (Docket No. AMS–SC–17–0083)) re- Regulation Supplement: Amendments Re- Energy, transmitting, pursuant to law, the ceived during adjournment of the Senate in lated to Sources of Electronic Parts’’ report of a rule entitled ‘‘Human Reliability the Office of the President of the Senate on ((RIN0750–AI92) (DFARS Case 2016–D013)) re- Program’’ (RIN1992–AA44) received during May 2, 2018; to the Committee on Agri- ceived during adjournment of the Senate in adjournment of the Senate in the Office of culture, Nutrition, and Forestry. the Office of the President of the Senate on the President of Senate on May 1, 2018; to the EC–5072. A joint communication from the April 27, 2018; to the Committee on Armed Committee on Energy and Natural Re- Secretary of Defense and the Chairman of Services. the Joint Chiefs of Staff, transmitting a re- EC–5084. A communication from the Direc- sources. quest relative to limiting the size of Con- tor of Defense Pricing and Procurement and EC–5093. A communication from the Direc- gressional delegations visiting Afghanistan Acquisition Policy, Department of Defense, tor of the Regulatory Management Division, for the period of June 1 through September transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- 30, 2018; to the Committee on Armed Serv- a rule entitled ‘‘Defense Federal Acquisition ting, pursuant to law, the report of a rule en- ices. Regulation Supplement: Promoting Vol- EC–5073. A joint communication from the titled ‘‘Approval and Promulgation of State untary Post-Award Disclosure of Defective Plans for Designated Facilities and Pollut- Secretary of Defense and the Chairman of Pricing’’ ((RIN0750–AI75) (DFARS Case 2015– the Joint Chiefs of Staff, transmitting a re- ants; North Dakota; Control of Emissions D030)) received during adjournment of the from Existing Commercial and Industrial quest relative to limiting the size of Con- Senate in the Office of the President of the gressional delegations visiting Iraq and Ku- Solid Waste Incineration Units’’ (FRL No. Senate on April 27, 2018; to the Committee on wait for the period of May 1 to June 15, 2018 9976–58–Region 8) received in the Office of the Armed Services. and from August 20 to October 1, 2018; to the EC–5085. A communication from the Acting President of the Senate on April 26, 2018; to Committee on Armed Services. Assistant Attorney General, Office of Legis- the Committee on Environment and Public EC–5074. A communication from the Sec- lative Affairs, Department of Justice, trans- Works. retary of Energy, transmitting proposed leg- mitting, pursuant to law, an annual report EC–5094. A communication from the Direc- islation; to the Committee on Armed Serv- on applications made by the Government for tor of the Regulatory Management Division, ices. EC–5075. A communication from the Sec- authority to conduct electronic surveillance Environmental Protection Agency, transmit- retary of Energy, transmitting proposed leg- for foreign intelligence during calendar year ting, pursuant to law, the report of a rule en- islation; to the Committee on Armed Serv- 2017 relative to the Foreign Intelligence Sur- titled ‘‘Delegation of Authority to North ices. veillance Act of 1978; to the Committees on Carolina and the Western North Carolina Re- EC–5076. A communication from the Under Banking, Housing, and Urban Affairs; Select gional Air Quality Agency of Federal Plan Secretary of Defense (Acquisition and Committee on Intelligence; and the Judici- for Existing Sewage Sludge Incineration Sustainment), transmitting, pursuant to ary. Units’’ (FRL No. 9977–22–Region 4) received law, a notice of additional time required to EC–5086. A communication from the Sec- retary of the Treasury, transmitting, pursu- during adjournment of the Senate in the Of- complete a report relative to defense con- fice of the President of the Senate on April tracting fraud; to the Committee on Armed ant to law, a six-month periodic report on the national emergency with respect to 27, 2018; to the Committee on Environment Services. and Public Works. EC–5077. A communication from the Under Sudan that was declared in Executive Order Secretary of Defense (Acquisition and 13067 of November 3, 1997; to the Committee EC–5095. A communication from the Direc- Sustainment), transmitting, pursuant to on Banking, Housing, and Urban Affairs. tor of the Regulatory Management Division, law, a report relative to the operations of EC–5087. A communication from the Sec- Environmental Protection Agency, transmit- the National Defense Stockpile (NDS) for fis- retary of the Treasury, transmitting, pursu- ting, pursuant to law, the report of a rule en- cal year 2017; to the Committee on Armed ant to law, a six-month periodic report on titled ‘‘Approval and Promulgation of Imple- Services. the national emergency with respect to the mentation Plans; Louisiana; Interstate EC–5078. A communication from the Under situation in or in relation to the Democratic Transport Requirements for the 2012 PM2.5 Republic of the Congo that was declared in Secretary of Defense (Acquisition and NAAQS’’ (FRL No. 9977–02–Region 6) received Executive Order 13413 of October 27, 2006; to Sustainment), transmitting, pursuant to during adjournment of the Senate in the Of- the Committee on Banking, Housing, and law, a report entitled ‘‘2018 Annual Report to fice of the President of the Senate on April Congress on the Department of Defense Urban Affairs. EC–5088. A communication from the Sec- 27, 2018; to the Committee on Environment Chemical and Biological Defense Program’’; and Public Works. to the Committee on Armed Services. retary of the Treasury, transmitting, pursu- EC–5079. A communication from the Under ant to law, a six-month periodic report on EC–5096. A communication from the Direc- Secretary of Defense (Acquisition and the national emergency with respect to tor of the Regulatory Management Division, Sustainment), transmitting, pursuant to North Korea that was declared in Executive Environmental Protection Agency, transmit- law, a report relative to the specific amounts Order 13466 of June 26, 2008; to the Com- ting, pursuant to law, the report of a rule en- of staff years of technical effort to be allo- mittee on Banking, Housing, and Urban Af- titled ‘‘Air Plan Approval; Arizona; Sta- cated for each defense Federally Funded Re- fairs. tionary Sources; New Source Review’’ (FRL EC–5089. A communication from the Chief search and Development Center during fiscal No. 9977–23–Region 9) received during ad- year 2019; to the Committee on Armed Serv- Counsel, Federal Emergency Management Agency, Department of Homeland Security, journment of the Senate in the Office of the ices. President of the Senate on April 27, 2018; to EC–5080. A communication from the Sec- transmitting, pursuant to law, the report of the Committee on Environment and Public retary of Defense, transmitting a report on a rule entitled ‘‘Suspension of Community Works. the approved retirement of General Robin Eligibility (Dixie County, FL, et al.)’’ ((44 Rand, United States Air Force, and his ad- CFR Part 64) (Docket No. FEMA–2018–0002)) EC–5097. A communication from the Direc- vancement to the grade of general on the re- received in the Office of the President of the tor of Congressional Affairs, Office of Re- tired list; to the Committee on Armed Serv- Senate on April 26, 2018; to the Committee on search, Nuclear Regulatory Commission, ices. Banking, Housing, and Urban Affairs. transmitting, pursuant to law, the report of EC–5081. A communication from the Alter- EC–5090. A communication from the Senior a rule entitled ‘‘Guidance for Developing nate Federal Register Liaison Officer, Office Counsel, Legal Division, Bureau of Consumer Principal Design Criteria for Non-Light- of the Secretary, Department of Defense, Financial Protection, transmitting, pursu- Water Reactors’’ (Regulatory Guide 1.232, ant to law, the report of a rule entitled transmitting, pursuant to law, the report of Revision 0) received during adjournment of ‘‘Federal Mortgage Disclosure Requirements a rule entitled ‘‘DoD Freedom of Information the Senate in the Office of the President of Under the Truth in Lending Act (Regulation Act (FOIA) Program’’ (RIN0790–AI51) re- the Senate on April 30, 2018; to the Com- Z)’’ (RIN3170–AA71) received during adjourn- ceived in the Office of the President of the mittee on Environment and Public Works. Senate on April 26, 2018; to the Committee on ment of the Senate in the Office of the Presi- Armed Services. dent of the Senate on May 2, 2018; to the EC–5098. A communication from the Direc- EC–5082. A communication from the Direc- Committee on Banking, Housing, and Urban tor of Congressional Affairs, Office of Re- tor of Defense Pricing and Procurement and Affairs. search, Nuclear Regulatory Commission,

VerDate Sep 11 2014 01:14 Aug 10, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD18\MAY\S08MY8.REC S08MY8 May 8, 2018 CONGRESSIONAL RECORD — SENATE S2551 transmitting, pursuant to law, the report of report of a vacancy in the position of Gen- port of a rule entitled ‘‘Federal Acquisition a rule entitled ‘‘Evaluating Deviations and eral Counsel, Office of the General Counsel, Regulation: Federal Acquisition Circular Reporting Defects and Noncompliance Under Department of Education, received during 2005–98; Introduction’’ (FAC 2005–98)) received 10 CFR Part 21’’ (Regulatory Guide 1.234, Re- adjournment of the Senate in the Office of during adjournment of the Senate in the Of- vision 0) received during adjournment of the the President of the Senate on May 2, 2018; to fice of the President of the Senate on May 1, Senate in the Office of the President of the the Committee on Health, Education, Labor, 2018; to the Committee on Homeland Secu- Senate on April 30, 2018; to the Committee on and Pensions. rity and Governmental Affairs. Environment and Public Works. EC–5109. A communication from the Direc- EC–5118. A communication from the Senior EC–5099. A communication from the Assist- tor, Office of Management and Budget, Exec- Procurement Executive, Office of Acquisi- ant Secretary, Legislative Affairs, Depart- utive Office of the President, transmitting tion Policy, General Services Administra- ment of State, transmitting, pursuant to proposed legislation relative to the National tion, transmitting, pursuant to law, the re- law, a report prepared by the Department of Defense Authorization Act for fiscal year port of a rule entitled ‘‘Federal Acquisition State on progress toward a negotiated solu- 2019; to the Committee on Homeland Secu- Regulation: Task- and Deliver-Order Pro- tion of the Cyprus question covering the pe- rity and Governmental Affairs. tests’’ ((RIN9000–AN41) (FAC 2005–98)) re- riod December 1, 2016 - January 30, 2017; to EC–5110. A communication from the Chair- ceived during adjournment of the Senate in the Committee on Foreign Relations. man of the Council of the District of Colum- the Office of the President of the Senate on EC–5100. A communication from the Assist- bia, transmitting, pursuant to law, a report May 1, 2018; to the Committee on Homeland ant Secretary, Legislative Affairs, Depart- on D.C. Act 22–317, ‘‘Office of Administrative Security and Governmental Affairs. ment of State, transmitting, pursuant to Hearings Jurisdiction Expansion Amend- EC–5119. A communication from the Senior law, a report containing information about a ment Act of 2018’’; to the Committee on Procurement Executive, Office of Acquisi- proposed transaction that is necessary for Homeland Security and Governmental Af- tion Policy, General Services Administra- and within the scope of the 2013 Presidential fairs. tion, transmitting, pursuant to law, the re- waiver of the prohibitions in sections 40 and EC–5111. A communication from the Direc- port of a rule entitled ‘‘Federal Acquisition 40A of the Arms Export Control Act relative tor, Office of Civil Rights, Department of In- Regulation: Duties of Office of Small and to Syria; to the Committee on Foreign Rela- terior, transmitting, pursuant to law, the Disadvantaged Business Utilization’’ tions. Department’s fiscal year 2017 annual report ((RIN9000–AN36) (FAC 2005–98)) received dur- EC–5101. A communication from the Assist- relative to the Notification and Federal Em- ing adjournment of the Senate in the Office ant Legal Adviser for Treaty Affairs, Depart- ployee Antidiscrimination and Retaliation of the President of the Senate on May 1, 2018; ment of State, transmitting, pursuant to the Act of 2002 (No FEAR Act); to the Committee to the Committee on Homeland Security and Case-Zablocki Act, 1 U.S.C. 112b, as amended, on Homeland Security and Governmental Af- Governmental Affairs. the report of the texts and background state- fairs. EC–5120. A communication from the Direc- ments of international agreements, other EC–5112. A communication from the Acting tor, Policy Analysis, Office of Personnel than treaties (List 2018–0040 - 2018–0047); to Associate Commissioner, Office of Civil Management, transmitting, pursuant to law, the Committee on Foreign Relations. Rights and Equal Opportunity, Social Secu- the report of a rule entitled ‘‘Federal Em- EC–5102. A communication from the Man- rity Administration, transmitting, pursuant ployees Health and Benefits Program Flexi- agement Analyst, Bureau of Consular Af- to law, the Administration’s fiscal year 2017 bilities’’ (RIN3206–AN54) received during ad- fairs, Department of State, transmitting, annual report relative to the Notification journment of the Senate in the Office of the pursuant to law, the report of a rule entitled and Federal Employee Antidiscrimination President of the Senate on May 2, 2018; to the ‘‘Schedule of Fees for Consular Services, De- and Retaliation Act of 2002 (No FEAR Act); Committee on Homeland Security and Gov- partment of State and Overseas Embassies to the Committee on Homeland Security and ernmental Affairs. and Consulates’’ (RIN1400–AD71) received in Governmental Affairs. EC–5121. A communication from the Direc- the Office of the President of the Senate on EC–5113. A communication from the Acting tor, Employee Services Pay and Leave, Of- April 11, 2018; to the Committee on Foreign Director, Office of Economic Impact and Di- fice of Personnel Management, transmitting, Relations. versity, Department of Energy, transmit- pursuant to law, the report of a rule entitled EC–5103. A communication from the Assist- ting, pursuant to law, the Department’s fis- ‘‘Weather and Safety Leave’’ (RIN3206–AN49) ant Secretary for Legislation, Department of cal year 2017 annual report relative to the received during adjournment of the Senate Health and Human Services, transmitting, Notification and Federal Employee Anti- in the Office of the President of the Senate pursuant to law, a report entitled ‘‘Action discrimination and Retaliation Act of 2002 on May 2, 2018; to the Committee on Home- Plan for Enhanced Enforcement of Mental (No FEAR Act); to the Committee on Home- land Security and Governmental Affairs. Health and Substance Use Disorder Cov- land Security and Governmental Affairs. EC–5122. A communication from the Direc- erage’’; to the Committee on Health, Edu- EC–5114. A communication from the Senior tor, Employee Services Pay and Leave, Of- cation, Labor, and Pensions. Procurement Executive, Office of Acquisi- fice of Personnel Management, transmitting, EC–5104. A communication from the Assist- tion Policy, General Services Administra- pursuant to law, the report of a rule entitled ant Secretary for Legislation, Department of tion, transmitting, pursuant to law, the re- ‘‘Weather and Safety Leave’’ (RIN3206–AN49) Health and Human Services, transmitting, port of a rule entitled ‘‘Federal Acquisition received during adjournment of the Senate pursuant to law, the Financial Report for fis- Regulation: Liquidated Damages Rate Ad- in the Office of the President of the Senate cal year 2017 for the Prescription Drug User justment’’ ((RIN9000–AN37) (FAC 2005–98)) re- on May 2, 2018; to the Committee on Home- Fee Act (PDUFA); to the Committee on ceived during adjournment of the Senate in land Security and Governmental Affairs. Health, Education, Labor, and Pensions. the Office of the President of the Senate on EC–5123. A communication from the Chief, EC–5105. A communication from the Acting May 1, 2018; to the Committee on Homeland Administrative Law Division, Central Intel- Assistant Secretary for Legislation, Depart- Security and Governmental Affairs. ligence Agency, transmitting, pursuant to ment of Health and Human Services, trans- EC–5115. A communication from the Senior law, a report relative to a vacancy in the po- mitting, pursuant to law, the Performance Procurement Executive, Office of Acquisi- sition of Director, Central Intelligence Agen- Report for fiscal year 2017 for the Prescrip- tion Policy, General Services Administra- cy, received during adjournment of the Sen- tion Drug User Fee Act (PDUFA); to the tion, transmitting, pursuant to law, the re- ate in the Office of the President of the Sen- Committee on Health, Education, Labor, and port of a rule entitled ‘‘Federal Acquisition ate on May 2, 2018; to the Select Committee Pensions. Regulation: Audit of Settlement Proposals’’ on Intelligence. EC–5106. A communication from the Assist- ((RIN9000–AN26) (FAC 2005–98)) received dur- EC–5124. A communication from the Acting ant Secretary for Legislation, Department of ing adjournment of the Senate in the Office Chair, U.S. Sentencing Commission, trans- Health and Human Services, transmitting, of the President of the Senate on May 1, 2018; mitting, pursuant to law, the amendments to pursuant to law, the Performance Report of to the Committee on Homeland Security and the federal sentencing guidelines that were the Food and Drug Administration’s Office of Governmental Affairs. proposed by the Commission during the 2017 Combination Products for fiscal year 2016; to EC–5116. A communication from the Senior - 2018 amendment cycle; to the Committee on the Committee on Health, Education, Labor, Procurement Executive, Office of Acquisi- the Judiciary. and Pensions. tion Policy, General Services Administra- EC–5125. A communication from the Chief EC–5107. A communication from the Execu- tion, transmitting, pursuant to law, the re- Justice of the Supreme Court of the United tive Analyst (Political), Department of port of a rule entitled ‘‘Federal Acquisition States, transmitting, pursuant to law, the Health and Human Services, transmitting, Regulation: Federal Acquisition Circular amendments to the Federal Rules of Crimi- pursuant to law, a report relative to a va- 2005–98; Small Entity Compliance Guide’’ nal Procedure that have been adopted by the cancy in the position of Assistant Secretary (FAC 2005–98)) received during adjournment Supreme Court of the United States; to the for Planning and Evaluation, Department of of the Senate in the Office of the President Committee on the Judiciary. Health and Human Services, received in the of the Senate on May 1, 2018; to the Com- EC–5126. A communication from the Chief Office of the President of the Senate on April mittee on Homeland Security and Govern- Justice of the Supreme Court of the United 26, 2018; to the Committee on Health, Edu- mental Affairs. States, transmitting, pursuant to law, the cation, Labor, and Pensions. EC–5117. A communication from the Senior amendments to the Federal Rules of Appel- EC–5108. A communication from the Acting Procurement Executive, Office of Acquisi- late Procedure that have been adopted by White House Liaison, Department of Edu- tion Policy, General Services Administra- the Supreme Court of the United States; to cation, transmitting, pursuant to law, the tion, transmitting, pursuant to law, the re- the Committee on the Judiciary.

VerDate Sep 11 2014 01:42 May 09, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.009 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2552 CONGRESSIONAL RECORD — SENATE May 8, 2018 EC–5127. A communication from the Chief cial Local Regulation; USS PORTLAND S. Res. 355. A resolution improving proce- Justice of the Supreme Court of the United Commissioning, Portland, OR’’ ((RIN1625– dures for the consideration of nominations in States, transmitting, pursuant to law, the AA08) (Docket No. USCG–2018–0154)) received the Senate. amendments to the Federal Rules of Bank- in the Office of the President of the Senate f ruptcy Procedure that have been adopted by on April 26, 2018; to the Committee on Com- the Supreme Court of the United States; to merce, Science, and Transportation. INTRODUCTION OF BILLS AND the Committee on the Judiciary. EC–5138. A communication from the Attor- JOINT RESOLUTIONS ney-Advisor, U.S. Coast Guard, Department EC–5128. A communication from the Chief The following bills and joint resolu- Justice of the Supreme Court of the United of Homeland Security, transmitting, pursu- States, transmitting, pursuant to law, the ant to law, the report of a rule entitled ‘‘Se- tions were introduced, read the first amendments to the Federal Rules of Civil curity Zones; Port Canaveral Harbor, Cape and second times by unanimous con- Procedure that have been adopted by the Su- Canaveral Air Force Station, FL’’ ((RIN1625– sent, and referred as indicated: preme Court of the United States; to the AA87) (Docket No. USCG–2017–0146)) received By Mr. ROUNDS: Committee on the Judiciary. in the Office of the President of the Senate S. 2798. A bill to require a proposal for a EC–5129. A communication from the Attor- on April 26, 2018; to the Committee on Com- pay table for commissioned officers of the ney-Advisor, U.S. Secret Service, Depart- merce, Science, and Transportation. Armed Forces using steps in grade based on ment of the Homeland Security, transmit- EC–5139. A communication from the Attor- time in grade rather than time in service; to ting, pursuant to law, the report of a rule en- ney-Advisor, U.S. Coast Guard, Department the Committee on Armed Services. titled ‘‘Restricted Buildings and Grounds’’ of Homeland Security, transmitting, pursu- By Mr. ROUNDS: (31 CFR Part 408) received in the Office of the ant to law, the report of a rule entitled S. 2799. A bill to amend title 10, United President of the Senate on April 26, 2018; to ‘‘Safety Zone; Recurring Marine Events, Sec- States Code, to improve oversight of the the Committee on the Judiciary. tor Key West, Florida’’ ((RIN1625–AA00) Transition Assistance Program of the De- EC–5130. A communication from the Chief (Docket No. USCG–2017–0159)) received in the partment of Defense, and for other purposes; Administrative Counsel, Foreign Claims Set- Office of the President of the Senate on April to the Committee on Veterans’ Affairs. tlement Commission of the United States, 26, 2018; to the Committee on Commerce, By Mr. BARRASSO (for himself, Mr. Science, and Transportation. Department of Justice, transmitting, pursu- CARPER, Mr. INHOFE, and Mr. CARDIN): ant to law, the report of a rule entitled ‘‘Fil- EC–5140. A communication from the Attor- S. 2800. A bill to provide for the conserva- ney-Advisor, U.S. Coast Guard, Department ing of Claims Under the Guam World War II tion and development of water and related of Homeland Security, transmitting, pursu- Loyalty Recognition Act’’ (45 CFR Part 500 resources, to authorize the Secretary of the ant to law, the report of a rule entitled ‘‘Se- and 510) received in the Office of the Presi- Army to construct various projects for im- curity Zone; Presidential Security Zone, dent of the Senate on April 26, 2018; to the provements to rivers and harbors of the Palm Beach, FL’’ ((RIN1625–AA87) (Docket Committee on the Judiciary. United States, and for other purposes; to the No. USCG–2017–0016)) received in the Office of EC–5131. A communication from the Dep- Committee on Environment and Public the President of the Senate on April 26, 2018; uty Assistant Administrator of the Diversion Works. to the Committee on Commerce, Science, Control Division, Drug Enforcement Agency, By Ms. WARREN (for herself, Mr. Department of Justice, transmitting, pursu- and Transportation. EC–5141. A communication from the Attor- DAINES, and Mr. WYDEN): ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department S. 2801. A bill to amend title 10, United ‘‘Schedules of Controlled Substances: Place- of Homeland Security, transmitting, pursu- States Code, to clarify the effective date of ment of Butyryl Fentanyl and U–47700 Into ant to law, the report of a rule entitled the promotion of commissioned officers of Schedule I’’ (Docket No. DEA–478) received ‘‘Safety Zone; Barge PFE–LB444, San Joa- the Army National Guard and Air National during adjournment of the Senate in the Of- quin River, Blackslough Landing, CA’’ Guard, to improve processes for Federal rec- fice of the President of the Senate on May 2, ((RIN1625–AA00) (Docket No. USCG–2018– ognition of the promotions of such officers, 2018; to the Committee on the Judiciary. 0205)) received in the Office of the President and for other purposes; to the Committee on EC–5132. A communication from the Assist- of the Senate on April 26, 2018; to the Com- Armed Services. ant Attorney General, Office of Legislative mittee on Commerce, Science, and Transpor- By Mr. BLUNT: Affairs, Department of Justice, transmit- tation. S. 2802. A bill to amend the Internal Rev- ting, pursuant to law, a report entitled ‘‘Uni- EC–5142. A communication from the Attor- enue Code of 1986 to provide the opportunity formed Services Employment and Reemploy- ney, U.S. Coast Guard, Department of Home- for responsible health savings to all Amer- ment Rights Act of 1994 (USERRA) Quarterly land Security, transmitting, pursuant to ican families; to the Committee on Finance. Report to Congress; Second Quarter of Fiscal law, the report of a rule entitled ‘‘Draw- By Mr. MANCHIN (for himself and Ms. Year 2018’’; to the Committee on Veterans’ bridge Operation Regulation; Atlantic Intra- HEITKAMP): Affairs. coastal Waterway and Biscayne Bay, Miami, S. 2803. A bill to amend the Energy Policy EC–5133. A communication from the Assist- FL’’ ((RIN1625–AA09) (Docket No. USCG– Act of 2005 to improve the conversion, use, ant Attorney General, Office of Legislative 2017–0068)) received in the Office of the Presi- and storage of carbon dioxide produced from Affairs, Department of Justice, transmit- dent of the Senate on April 26, 2018; to the fossil fuels, and for other purposes; to the ting, pursuant to law, a report entitled ‘‘Uni- Committee on Commerce, Science, and Committee on Energy and Natural Re- formed Services Employment and Reemploy- Transportation. sources. ment Rights Act of 1994 (USERRA) Quarterly EC–5143. A communication from the Chair- By Mr. HOEVEN (for himself and Mr. Report to Congress; Second Quarter of Fiscal man of the Office of Proceedings, Surface UDALL): Year 2018’’; to the Committee on Veterans’ Transportation Board, Department of Trans- S. 2804. A bill to provide for the reform and Affairs. portation, transmitting, pursuant to law, the continuation of agricultural and other pro- EC–5134. A communication from the Execu- report of a rule entitled ‘‘Updating the Code grams of the Department of Agriculture for tive Director, Consumer Product Safety of Federal Regulations’’ ((RIN2140–AB40) Indian Country; to the Committee on Indian Commission, transmitting, pursuant to law, (Docket No. EP 746) received during adjourn- Affairs. the Commission’s 2018–2022 Strategic Plan; ment of the Senate in the Office of the Presi- f to the Committee on Commerce, Science, dent of the Senate on May 1, 2018; to the and Transportation. Committee on Commerce, Science, and ADDITIONAL COSPONSORS EC–5135. A communication from the Execu- Transportation. S. 266 tive Director, Consumer Product Safety EC–5144. A communication from the Asso- Commission, transmitting, pursuant to law, At the request of Mr. HATCH, the ciate Bureau Chief, Wireline Competition name of the Senator from Nevada (Mr. the Commission’s 2018–2022 Strategic Plan; Bureau, Federal Communications Commis- to the Committee on Commerce, Science, sion, transmitting, pursuant to law, the re- HELLER) was added as a cosponsor of S. and Transportation. port of a rule entitled ‘‘Connect America 266, a bill to award the Congressional EC–5136. A communication from the Attor- Fund, WC Docket No. 10–90’’ ((RIN3060–AK57) Gold Medal to Anwar Sadat in recogni- ney-Advisor, U.S. Coast Guard, Department (FCC 18–37)) received during adjournment of tion of his heroic achievements and of Homeland Security, transmitting, pursu- the Senate in the Office of the President of courageous contributions to peace in ant to law, the report of a rule entitled the Senate on April 27, 2018; to the Com- the Middle East. ‘‘Safety Zone for Fireworks Display; Pa- mittee on Commerce, Science, and Transpor- S. 336 tapsco River, Inner Harbor, Baltimore, MD’’ tation. ((RIN1625–AA00) (Docket No. USCG–2018– At the request of Mr. BROWN, the 0029)) received in the Office of the President f name of the Senator from Illinois (Mr. of the Senate on April 26, 2018; to the Com- REPORTS OF COMMITTEES DURBIN) was added as a cosponsor of S. mittee on Commerce, Science, and Transpor- 336, a bill to amend title 38, United tation. The following reports of committees EC–5137. A communication from the Attor- were submitted: States Code, to modify authorities re- ney-Advisor, U.S. Coast Guard, Department By Mr. BLUNT, from the Committee on lating to the collective bargaining of of Homeland Security, transmitting, pursu- Rules and Administration, with amend- employees in the Veterans Health Ad- ant to law, the report of a rule entitled ‘‘Spe- ments: ministration, and for other purposes.

VerDate Sep 11 2014 01:42 May 09, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.011 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2553 S. 379 S. 1112 approved new drug application, and for At the request of Mr. WHITEHOUSE, At the request of Ms. HEITKAMP, the other purposes. the name of the Senator from Massa- names of the Senator from Delaware S. 2317 chusetts (Mr. MARKEY) was added as a (Mr. CARPER) and the Senator from At the request of Mr. MARKEY, the cosponsor of S. 379, a bill to amend Massachusetts (Mr. MARKEY) were name of the Senator from Maine (Mr. title II of the Social Security Act to added as cosponsors of S. 1112, a bill to KING) was added as a cosponsor of S. eliminate the five month waiting pe- support States in their work to save 2317, a bill to amend the Controlled riod for disability insurance benefits and sustain the health of mothers dur- Substances Act to provide for addi- under such title for individuals with ing pregnancy, childbirth, and in the tional flexibility with respect to medi- amyotrophic lateral sclerosis. postpartum period, to eliminate dis- cation-assisted treatment for opioid S. 428 parities in maternal health outcomes use disorders, and for other purposes. At the request of Mr. GRASSLEY, the for pregnancy-related and pregnancy- S. 2361 names of the Senator from Massachu- associated deaths, to identify solutions At the request of Mr. RUBIO, his name setts (Ms. WARREN) and the Senator to improve health care quality and was added as a cosponsor of S. 2361, a from Arkansas (Mr. BOOZMAN) were health outcomes for mothers, and for bill to amend the Federal Home Loan added as cosponsors of S. 428, a bill to other purposes. Bank Act to allow a captive insurance amend titles XIX and XXI of the Social S. 1437 company that was a member of a Fed- Security Act to authorize States to At the request of Mrs. GILLIBRAND, eral Home Loan Bank before January provide coordinated care to children the name of the Senator from Min- 19, 2016, to continue or restore the with complex medical conditions nesota (Ms. SMITH) was added as a co- membership of the captive insurance through enhanced pediatric health sponsor of S. 1437, a bill to modernize company in the Federal Home Loan homes, and for other purposes. voter registration, promote access to Bank, and for other purposes. S. 479 voting for individuals with disabilities, S. 2497 At the request of Mr. BROWN, the protect the ability of individuals to ex- names of the Senator from Nevada (Ms. At the request of Mr. RUBIO, the ercise the right to vote in elections for names of the Senator from North Da- CORTEZ MASTO), the Senator from Cali- Federal office, and for other purposes. kota (Ms. HEITKAMP), the Senator from fornia (Mrs. FEINSTEIN) and the Sen- S. 1503 Nevada (Mr. HELLER), the Senator from ator from Florida (Mr. NELSON) were At the request of Ms. WARREN, the added as cosponsors of S. 479, a bill to Michigan (Ms. STABENOW), the Senator name of the Senator from New York from Idaho (Mr. RISCH), the Senator amend title XVIII of the Social Secu- (Mrs. GILLIBRAND) was added as a co- rity Act to waive coinsurance under from New York (Mrs. GILLIBRAND) and sponsor of S. 1503, a bill to require the the Senator from Virginia (Mr. KAINE) Medicare for colorectal cancer screen- Secretary of the Treasury to mint ing tests, regardless of whether thera- were added as cosponsors of S. 2497, a coins in recognition of the 60th anni- bill to amend the Foreign Assistance peutic intervention is required during versary of the Naismith Memorial Bas- the screening. Act of 1961 and the Arms Export Con- ketball Hall of Fame. trol Act to make improvements to cer- S. 700 S. 2047 tain defense and security assistance At the request of Mrs. MURRAY, the At the request of Mr. MURPHY, the provisions and to authorize the appro- name of the Senator from Delaware name of the Senator from Michigan priations of funds to Israel, and for (Mr. COONS) was added as a cosponsor (Ms. STABENOW) was added as a cospon- other purposes. of S. 700, a bill to improve the repro- sor of S. 2047, a bill to restrict the use ductive assistance provided by the De- S. 2568 of funds for kinetic military operations partment of Defense and the Depart- At the request of Mr. BROWN, the in North Korea. ment of Veterans Affairs to severely name of the Senator from Wisconsin wounded, ill, or injured members of the S. 2076 (Ms. BALDWIN) was added as a cospon- Armed Forces, veterans, and their At the request of Ms. COLLINS, the sor of S. 2568, a bill to amend section spouses or partners, and for other pur- name of the Senator from Louisiana 5000A of the Internal Revenue Code of poses. (Mr. KENNEDY) was added as a cospon- 1986 to provide an additional religious sor of S. 2076, a bill to amend the Pub- exemption from the individual health S. 794 lic Health Service Act to authorize the coverage mandate, and for other pur- At the request of Mr. ISAKSON, the name of the Senator from Louisiana expansion of activities related to Alz- poses. heimer’s disease, cognitive decline, and (Mr. CASSIDY) was added as a cosponsor S. 2621 of S. 794, a bill to amend title XVIII of brain health under the Alzheimer’s Dis- At the request of Ms. BALDWIN, the the Social Security Act in order to im- ease and Healthy Aging Program, and name of the Senator from Oregon (Mr. prove the process whereby Medicare ad- for other purposes. MERKLEY) was added as a cosponsor of ministrative contractors issue local S. 2265 S. 2621, a bill to amend the Occupa- coverage determinations under the At the request of Mr. NELSON, his tional Safety and Health Act of 1970 to Medicare program, and for other pur- name was added as a cosponsor of S. expand coverage under the Act, to in- poses. 2265, a bill to promote democracy and crease protections for whistleblowers, S. 835 the rule of law in Nicaragua, and for to increase penalties for high gravity At the request of Mr. MURPHY, the other purposes. violations, to adjust penalties for infla- name of the Senator from Minnesota S. 2271 tion, to provide rights for victims or (Ms. SMITH) was added as a cosponsor At the request of Mr. REED, the their family members, and for other of S. 835, a bill to require the Supreme names of the Senator from Massachu- purposes. Court of the United States to promul- setts (Ms. WARREN) and the Senator S. 2633 gate a code of ethics. from Maine (Mr. KING) were added as At the request of Ms. HARRIS, the S. 1086 cosponsors of S. 2271, a bill to reauthor- name of the Senator from Delaware At the request of Mr. HATCH, the ize the Museum and Library Services (Mr. COONS) was added as a cosponsor name of the Senator from Wisconsin Act. of S. 2633, a bill to amend title 18, (Ms. BALDWIN) was added as a cospon- S. 2315 United States Code, with respect to sor of S. 1086, a bill to amend title 10, At the request of Mr. ISAKSON, the civil forfeitures relating to certain United States Code, to remove the pro- name of the Senator from Tennessee seized animals, and for other purposes. hibition on eligibility for TRICARE (Mr. ALEXANDER) was added as a co- S. 2659 Reserve Select of members of the re- sponsor of S. 2315, a bill to amend the At the request of Ms. COLLINS, the serve components of the Armed Forces Federal Food, Drug, and Cosmetic Act name of the Senator from New Hamp- who are eligible to enroll in a health to clarify the regulatory framework shire (Mrs. SHAHEEN) was added as a co- benefits plan under chapter 89 of title with respect to certain nonprescription sponsor of S. 2659, a bill to amend the 5, United States Code. drugs that are marketed without an Controlled Substances Act to authorize

VerDate Sep 11 2014 01:56 May 09, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.015 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2554 CONGRESSIONAL RECORD — SENATE May 8, 2018 employees of hospice programs to han- SPECIAL COMMITTEE ON AGING ORDER FOR ADJOURNMENT dle controlled substances in the resi- The Special Committee on Aging is Mr. MCCONNELL. Mr. President, if dences of certain hospice patients to authorized to meet during the session there is no further business to come be- assist in disposal of those controlled of the Senate on Tuesday, May 8, 2018, fore the Senate, I ask unanimous con- substances. at 10 a.m. to conduct a hearing entitled sent that it stand adjourned under the S. 2708 ‘‘Insulin Access and Affordability: The previous order, following the remarks At the request of Mr. MERKLEY, the Rising Cost of Treatment.’’ of Senator BROWN. name of the Senator from California SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without (Mrs. FEINSTEIN) was added as a co- The Select Committee on Intel- objection, it is so ordered. sponsor of S. 2708, a bill to provide for ligence is authorized to meet during The Senator from Ohio. the establishment of Medicare part E the session of the Senate on Tuesday, f public health plans, and for other pur- May 8, 2018, at 2:30 p.m. to conduct a poses. closed hearing. OPIOID EPIDEMIC S. 2774 SUBCOMMITTEE ON AVIATION, OPERATIONS, Mr. BROWN. Mr. President, everyone SAFETY, AND SECURITY At the request of Ms. KLOBUCHAR, the in this Chamber knows how bad the names of the Senator from Illinois (Mr. The Subcommittee on Aviation, Op- opioid epidemic is. In my State, we DURBIN) and the Senator from Missouri erations, Safety, and Security of the have the second highest number of (Mr. BLUNT) were added as cosponsors Committee on Commerce, Science, and opioid deaths per capita in the country of S. 2774, a bill to reauthorize the Transportation is authorized to meet next to West Virginia. In my State, we COPS ON THE BEAT grant program. during the session of the Senate on also have more people die of opioid Tuesday, May 8, 2018, at 10:15 a.m. to S. CON. RES. 7 overdoses than any other State in the conduct a hearing entitled ‘‘Keeping At the request of Mr. ROBERTS, the country. On average, 11 people died Pace with Innovation—Updating on the names of the Senator from Minnesota yesterday, 11 will die today, 11 will die Safe Integration of Unmanned Aircraft (Ms. SMITH) and the Senator from Iowa tomorrow, and 11 will die on Thursday Systems into Airspace.’’ (Mrs. ERNST) were added as cosponsors of opioid overdoses. of S. Con. Res. 7, a concurrent resolu- f Last month at the Cleveland City tion expressing the sense of Congress PRIVILEGES OF THE FLOOR Club, I called for a comprehensive, co- that tax-exempt fraternal benefit soci- Mr. BROWN. Mr. President, I ask ordinated, and sustained public health eties have historically provided and unanimous consent that privileges of campaign to fight addiction through continue to provide critical benefits to the floor be granted to Rachael Hart- education, prevention, treatment, and the people and communities of the ford of my staff for the remainder of recovery. United States. the day. We know from history that we can- S. RES. 407 The PRESIDING OFFICER. Without not arrest or execute our way out of At the request of Mr. COONS, the objection, it is so ordered. this crisis, whether in Montana or in Ohio. I met with law enforcement offi- name of the Senator from Oregon (Mr. f MERKLEY) was added as a cosponsor of cers in every corner of my State. They S. Res. 407, a resolution recognizing the MEASURE PLACED ON THE shoulder a huge burden. They all tell critical work of human rights defend- CALENDAR—H.R. 4 me the same thing: They need re- ers in promoting human rights, the Mr. MCCONNELL. Mr. President, I sources to fight this. That is why I rule of law, democracy, and good gov- understand there is a bill at the desk joined Senator PORTMAN and a bipar- ernance. that is due for a second reading. tisan group of our colleagues on the POWER Act—to get State and local S. RES. 481 The PRESIDING OFFICER. The law enforcement the high-tech tools At the request of Mr. HATCH, the clerk will read the bill by title for the they need to effectively screen for dan- name of the Senator from Wisconsin second time. The bill clerk read as follows: gerous opioids, such as fentanyl. (Ms. BALDWIN) was added as a cospon- We also know from history that sor of S. Res. 481, a resolution calling A bill (H.R. 4) to reauthorize programs of those enforcement tools are just one upon the leadership of the Government the Federal Aviation Administration, and for other purposes. piece of this fight. We need a com- of the Democratic People’s Republic of prehensive approach, and that means Korea to dismantle its labor camp sys- Mr. MCCONNELL. In order to place recognizing how important treatment tem, and for other purposes. the bill on the calendar under the pro- visions of rule XIV, I object to further and rehabilitation are. We don’t write f proceedings. off thousands of Ohioans struggling AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Objec- with addiction. We simply don’t write MEET tion is heard. off entire communities. That is where The bill will be placed on the cal- drug courts come in. These courts are Mr. ALEXANDER. Mr. President, I endar. partnerships between law enforcement have 5 requests for committees to meet f and treatment providers. They are during today’s session of the Senate. spearheaded by judges who see the They have the approval of the Majority ORDERS FOR WEDNESDAY, MAY 9, same people back in their courtrooms and Minority leaders. 2018 over and over again for drug offenses. Pursuant to rule XXVI, paragraph Mr. MCCONNELL. Mr. President, I These judges realized that traditional 5(a), of the Standing Rules of the Sen- ask unanimous consent that when the court proceedings simply were not ate, the following committees are au- Senate completes its business today, it working. They weren’t curing people’s thorized to meet during today’s session adjourn until 10 a.m. on Wednesday, addictions. Fines and jail time don’t of the Senate: May 9; further, that following the pray- cure a medical condition. So judges set COMMITTEE ON ARMED SERVICES er and pledge, the morning hour be up these special courts where partici- The Committee on Armed Services is deemed expired, the Journal of pro- pants agree to enter treatment pro- authorized to meet during the session ceedings be approved to date, the time grams and are strictly supervised by of the Senate on Tuesday, May 8, 2018, for the two leaders be reserved for their law enforcement. If they successfully at 10 a.m. to conduct a closed hearing. use later in the day, and morning busi- complete the program, instead of going COMMITTEE ON ENERGY AND NATURAL ness be closed. Finally, I ask that fol- to prison, they have a graduation cere- RESOURCES lowing leader remarks, the Senate pro- mony. The Committee on Energy and Nat- ceed to executive session and resume We have seen this model work suc- ural Resources is authorized to meet consideration of the Engelhardt nomi- cessfully for veterans. There are hun- during the session of the Senate on nation under the previous order. dreds of these courts across the coun- Tuesday, May 8, 2018, at 10 a.m. to con- The PRESIDING OFFICER. Without try, which are built around counseling duct a hearing. objection, it is so ordered. and treatment. Veterans who get into

VerDate Sep 11 2014 01:56 May 09, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.017 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE May 8, 2018 CONGRESSIONAL RECORD — SENATE S2555 trouble with the law often face unique porter—the newspaper in Tuscarawas NOMINATION OF MICHAEL issues, such as PTSD. County—‘‘We try to give them and BRENNAN My office recently visited the first their families hope: that treatment Mr. BROWN. Mr. President, tomor- Federal Veterans Court in the South- works and people do recover.’’ Pro- row the Senate will vote to move for- ern District of Ohio, in Dayton. We saw grams all over Ohio and all over the ward with the President’s nominee to the difference it made in the lives of country are offering families that hope. join the Seventh Circuit Court of Ap- men and women who served this coun- In Cleveland, the Cuyahoga County peals. It is a new low that sets a dan- try. The court was created by my Drug Court, under Judge David Matia, gerous standard for judges who have friend, Judge Michael Newman, with has graduated more than 300 people. the power to make critical decisions the support of Chief Judge Edmund Both that court and the Cleveland Mu- that impact the everyday lives of the Sargus. It works with the VA to help nicipal Drug Court operate under the people we serve. address the issues veterans are strug- Stephanie Tubbs Jones Greater Drug Take a look at Judge Michael Bren- gling with. My staff met with Page Court umbrella, named for my former nan’s record. At his hearing, he refused Layman, a veterans justice outreach colleague. to acknowledge the ways our criminal coordinator who helps the participants justice system is biased against Ameri- In Marion, OH, Common Pleas Court in the program. He talked about how cans of color. He made statements one of the participants in the court had Judge Jim Slagle, a longtime friend of condoning judicial activisim. He ar- limited transportation options and mine, held a graduation ceremony for gued that judges are justified in not lived in a rural area, so Mr. Layman eight graduates at the end of last following precedent if they feel it was drove to meet him at the local library. month. Jennifer, one of the women who incorrectly decided. Think about that Judge Newman reports that 49 veterans spoke, talked about her granddaughter. for a minute. have graduated from the program with She said: I am not a lawyer, but I understand their charges dropped and are now The most challenging part was admitting I this about our courts: A judge who leading healthier lives. needed this. feels no obligation to follow precedent We have the same opportunity with laid out by higher courts is not a judge; When she found out her grand- drug courts. The Ohio Office of Crimi- that is someone who has ceased to be daughter was going to be placed in fos- nal Justice Services studies these bound by any standards guiding a ter care: courts. They found that drug courts en- judge. Precedent is the backbone of our hance treatment, increase collabora- I knew I had to do something. I needed to legal system. Saying that judges can tion in the community, and save tax- get myself together. I had to do it for her. disregard it if they feel it is incorrect payers money. She has now been clean for 2 years. would be a radical departure. Think My staff and I met with judges across She has custody over her 18-month-old about how this could work. In a Bren- Ohio who are helping people break the granddaughter. nan court, it could be OK for a judge cycle of drug use and crime. Earlier not to follow a Supreme Court decision These are the kinds of success stories this year, we talked with Hocking like Brown v. Board of Education, we hear all over the State and all over County Municipal Court Judge Fred which desegregated schools, as long as the country. If we are successful in this Moses while he was in town as a State that judge—in this case, I guess, Judge fight, hundreds of thousands of fewer of the Union guest of Representative Brennan—believes the case was incor- Americans will use opioids, but we will STEVE STIVERS of Ohio. He started an rect. If you disregard precedent, dec- also have hundreds of thousands more innovative drug court program just ades of legal progress could be rolled who have used opioids but whose lives outside Chillicothe, OH, in 2012. As a back. The well-established rights of so are not lost or ruined. They are going judge, he saw the opioid epidemic com- many Americans would be at risk. ing years before most folks in Wash- to be living with and managing their During his hearing, Brennan claimed ington saw it. He started the first addiction. That is why we need to ex- he was only talking about precedent medication-assisted drug court pro- pand and build on these approaches. from the same circuit, but the article gram certified in my State. Five years I am also working with my Repub- where he originally made these argu- later, his programs are reuniting fami- lican colleague, Senator CAPITO of ments made no such distinction then, lies, cutting down on repeat offenses, West Virginia, on bipartisan legisla- and Brennan even admitted that at the and helping participants get jobs. tion—the CARE Act—to combine exist- hearing. He and his staff are improving the ing resources from the Departments of We cannot entrust the people we lives of people in Southeast Ohio and Labor and Health and Human Services serve to a judge who can’t be trusted to serving as a model for other drug to fund combined addiction treatment follow settled law. courts around the State and country. and workforce training efforts. Brennan would also be the first judge Since the program began, more than 30 I hear the same thing from mayors in more than 35 years to be confirmed other judges have visited Hocking from New Philadelphia, Middletown, over the objection of a Senator from County to learn about its success. Now Chillicothe, and Piqua: Employers his home State. Think about that. we are seeing similar success all over can’t fill openings because workers That doesn’t even account for the Ohio. can’t pass drug tests. Ohioans strug- backstory that I am going to mention. Tuscarawas County has two drug gling with addiction—even those who He would be the first judge in 35 years courts—COBRA, in the Common Pleas have completed successful programs to be confirmed over the objections of Court, and the New Philadelphia Mu- like these drug courts—can’t find jobs. a Senator from his home State. Sen- nicipal Recovery Court. Judge Eliza- Our bill will help those Americans con- ator BALDWIN from Wisconsin has not beth Lehigh Thomakos runs the tinue their recovery with good jobs returned her blue slip on Brennan. In COBRA court, which held its 125th that provide stability. departure from Senate tradition, Re- graduation. One graduate said: publicans had a hearing and are now al- The government is spending money lowing a vote on Brennan’s nomination When I couldn’t get clean, you helped me on drug treatment, mostly through get clean. You guys believed in me when I despite not having a blue slip from couldn’t believe in myself. Medicaid, and the government, through Senator BALDWIN. the Department of Labor, is spending Another: The seat Brennan is nominated for money on job retraining. Why not put has been vacant since 2010. Why? Be- My daughter has her mamma back. A them together so that people, while healthy mom, hard-working, motivated, cause Senator JOHNSON, now the senior goal-oriented mom, who smiles again and is they get clean and get whole, are ready Senator from Wisconsin, did not return grateful in all she does. By this program to go to work because they have had a blue slip on President Obama’s first shaping my future, it has also shaped hers. that job training? nominee to fill this seat. This body The Recovery Court in New Philadel- I hope my colleagues will join me in honored Senator JOHNSON’s blue slip phia is run by Judge Nanette DeGarmo supporting the CARE Act and finding and was not going to confirm that VonAllman. She hears so many stories ways to support successful drug court nominee because the blue slip had not like that one. She told the Times Re- programs around the country. been returned. That was following the

VerDate Sep 11 2014 01:56 May 09, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.025 S08MYPT1 SSpencer on DSKBBXCHB2PROD with SENATE S2556 CONGRESSIONAL RECORD — SENATE May 8, 2018 precedent of this Senate—decades of Judge Brennan’s decisions. She opposes ADJOURNMENT UNTIL 10 A.M. precedent. The nominee therefore did his nomination. Her blue slip should be TOMORROW not receive a hearing, let alone a vote. respected. Now Republicans are refusing to show The people served by the Seventh The PRESIDING OFFICER. The Sen- Senator BALDWIN the same level of Circuit and Americans all over the ate stands adjourned until 10 a.m. to- courtesy and respect. country need judges who will follow morrow. We have a blue-slip procedure in the law. To be sure, Judge Brennan is Thereupon, the Senate, at 6:38 p.m., place not out of courtesy to Senators not that judge. We can do better. We adjourned until Wednesday, May 9, personally but to the Americans we should do better. I ask my colleagues 2018, at 10 a.m. serve. Senator BALDWIN represents the to oppose his nomination. people who will be most affected by Mr. President, I yield the floor.

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