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, SEPTEMBER 25, 2018 No. 158 Senate The Senate met at 10 a.m. and was to the Senate from the President pro NOMINATION OF BRETT KAVANAUGH called to order by the Honorable CINDY tempore (Mr. HATCH). Mr. MCCONNELL. Madam President, HYDE-SMITH, a Senator from the State The senior assistant legislative clerk in the past week and a half, the Amer- of Mississippi. read the following letter: ican people have seen a confusing and chaotic process play out right here in f U.S. SENATE, PRESIDENT PRO TEMPORE, the Senate. PRAYER Washington, DC, September 25, 2018. They have seen uncorroborated, dec- The PRESIDING OFFICER. Today’s To the Senate: ades-old allegations of wrongdoing pop opening prayer will be offered by Pas- Under the provisions of rule I, paragraph 3, up in the press at the last minute, just tor Sam Steele of Chapel by the Sea of the Standing Rules of the Senate, I hereby as Judge Brett Kavanaugh’s confirma- appoint the Honorable CINDY HYDE-SMITH, a from South Padre Island, TX. tion process was winding down. Senator from the State of Mississippi, to per- They have seen an accuser’s request The guest Chaplain offered the fol- form the duties of the Chair. for privacy disregarded and ordinary lowing prayer: ORRIN G. HATCH, standards of fairness completely dis- Good morning. President pro tempore. carded. Christ Jesus sent people out two by Mrs. HYDE-SMITH thereupon as- They have seen a disturbing pattern two. sumed the Chair as Acting President play out on two separate occasions al- Let us pray. pro tempore. ready. It goes like this: No. 1, our Eternal God, as our Senators gath- f Democratic colleagues on the Judici- er—two from each State—they break ary Committee get wind of or maybe RESERVATION OF LEADER TIME down barriers that divide, create an en- even go looking for a sensitive allega- vironment of honest dialogue, and The ACTING PRESIDENT pro tem- tion. Second, they decline to share it bring about positive compromise so pore. Under the previous order, the with the majority, meaning the com- that there is unity in our diversity and leadership time is reserved. mittee cannot promptly take appro- so our Nation is steadfast in the foun- f priate action. Third, they allow the al- dation of the people, by the people, and legation to leak to the press at the last CONCLUSION OF MORNING for the people. moment. Loving God, we lift up to You our BUSINESS Fortunately, in stark contrast to this brothers and sisters touched by the The ACTING PRESIDENT pro tem- malpractice, the American people have weather across our land. May we reach pore. Morning business is closed. also seen the exemplary manner in out our hands of love and help. Comfort f which Chairman GRASSLEY has led the those who suffer, and strengthen those Judiciary Committee throughout the EXECUTIVE SESSION who serve. entire process. The chairman has acted Creator God, pour Your wisdom upon swiftly and transparently in pursuit of each Senator. Bless them with humil- EXECUTIVE CALENDAR the truth. He has treated Dr. Ford with ity as they serve, and make us once kindness and respect. Acknowledging again ‘‘we the people.’’ The ACTING PRESIDENT pro tem- that the irresponsible and irregular In Your Holy Name we pray. Amen. pore. Under the previous order, the manner in which her allegation was Senate will proceed to executive ses- brought to light was no fault of hers, f sion to resume consideration of the fol- the chairman opened a dialogue with PLEDGE OF ALLEGIANCE lowing nomination, which the clerk Dr. Ford’s counsel. He deferred to her The Presiding Officer led the Pledge will report. preferences on the timing of her hear- of Allegiance, as follows: The senior assistant legislative clerk ing and a number of other details. read the nomination of Peter A. Feld- I will quote from a letter the chair- I pledge allegiance to the Flag of the man wrote to Dr. Ford yesterday. Here United States of America, and to the Repub- man, of the District of Columbia, to be lic for which it stands, one nation under God, a Commissioner of the Consumer Prod- is what Chairman GRASSLEY had to indivisible, with liberty and justice for all. uct Safety Commission for the remain- say: der of the term expiring October 26, I am committed to fair and respectful f 2019. treatment of you. . . . [The] hearing on Thursday will allow you to testify and also APPOINTMENT OF ACTING RECOGNITION OF THE MAJORITY LEADER PRESIDENT PRO TEMPORE will allow the nominee to address the allega- The ACTING PRESIDENT pro tem- tions. . . . Both of you deserve a credible and The PRESIDING OFFICER. The pore. The majority leader is recog- fair process in a secure and professional set- clerk will please read a communication nized. ting.

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

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VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.000 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6284 CONGRESSIONAL RECORD — SENATE September 25, 2018 That was Chairman GRASSLEY. himself. As he wrote in his own letter been hearing for months are no fluke. So we have one side that is handling to Chairman GRASSLEY yesterday, the In the last year, Montana’s entre- these sensitive matters with dignity, weaponization of unsubstantiated preneurs founded nearly 3,000 new en- with professionalism, by the book, and smears—that is what we have here, the terprises, and according to Governor we have another side that chose to sit weaponization of unsubstantiated Bullock, the employment rate is the on allegations and keep them secret smears—‘‘will dissuade competent and lowest it has been in over a decade in until they were leaked to the press— good people of all political persuasions Montana. the same side as the Democratic lead- from service.’’ Over the past year and a half, this er’s, who had already made up his mind This isn’t what Members want the united Republican government has im- mere hours after Judge Kavanaugh was Senate to be. This isn’t what Ameri- plemented a bold, pro-growth agenda to chosen and said: ‘‘I will oppose him cans want our society to be. So I look help create the conditions for Mon- with everything I’ve got.’’ Well, appar- forward to hearing from both Dr. Ford tana’s workers and job creators to ently so. and Judge Kavanaugh under oath this write this new chapter. The signs we Look, the American people know Thursday morning. I am glad we will are seeing today are truly remarkable, that sexual misconduct is gravely seri- be able to hear testimony from both. but they shouldn’t come as a surprise, ous. They expect this to be treated se- Then I look forward to an up-or-down for the trends we are seeing across the riously and addressed promptly. That vote on this nomination right here on country today are exactly what this is precisely what Chairman GRASSLEY the Senate floor. united Republican government had in has done and is doing. But the Amer- THE WEEK’S BUSINESS mind when we passed generational tax ican people also insist that vague, un- Madam President, on an entirely dif- reform. They are exactly what one of substantiated, and uncorroborated alle- ferent matter, as I noted yesterday, the Montana’s Senators had in mind when gations of 30-plus-year-old mis- Senate continues to make progress on he voted to deliver it. What a shame conduct—where all the supposed wit- critical national priorities. We are re- that the other Senator joined Senate nesses either totally deny it or can’t storing the regular order appropria- Democrats in lockstep opposition. confirm it—is nowhere near grounds to tions process; we are securing common- These days, the ball is in the Amer- nullify someone’s career or destroy sense reforms to infrastructure policy ican people’s court. They will keep their good name. Justice matters. Evi- and the longest authorization of FAA taking it and running with it—creating dence matters. Facts matter. in over 35 years; and, this week, we are jobs and new prosperity all across our Let’s look at one of the supposed wit- confirming more of the President’s country. Here in Congress, the Repub- nesses, Ms. Leland Keyser. She is not a well-qualified nominees. Yesterday, the licans will keep working hard to help friend of Judge Kavanaugh’s. In fact, Senate voted to confirm Jackie Wol- them do it. she says she doesn’t even know him. cott as the U.S. Representative to the The ACTING PRESIDENT pro tem- Rather, she is a longtime friend of Pro- International Atomic Energy Agency pore. The assistant Democratic leader. fessor Ford’s. What does Ms. Keyser and to the United Nations in Vienna. Mr. DURBIN. Madam President, what say about the allegations? Through her Today, we turn to consider the nomina- is the business before the Senate? lawyer, she says that she ‘‘does not tion of Peter A. Feldman to be a Com- The ACTING PRESIDENT pro tem- know Mr. Kavanaugh and she has no missioner of the Consumer Product pore. The Senate is considering the recollection of ever being at a party Safety Commission. Feldman nomination. where he was present, with, or without, I urge each of our colleagues to join Mr. DURBIN. Thank you. Dr. Ford.’’ In other words, she backs up me in voting to confirm Mr. Feldman Madam President, I ask unanimous Judge Kavanaugh’s statement. and in continuing to process nominees consent to speak as in morning busi- Look, this is America here we are for vital roles in the executive branch. ness. talking about. We are supposed to up- TAX REFORM The ACTING PRESIDENT pro tem- hold fairness and a presumption of in- Madam President, on one final mat- pore. Without objection, it is so or- nocence. Everyone deserves better than ter, for months, we have heard the dered. this—not just Judge Kavanaugh; every- NOMINATION OF BRETT KAVANAUGH one deserves better than this. firsthand accounts of American work- I was surprised and disappointed by ers and job creators who have felt the Mr. DURBIN. Madam President, plow the recent statements on television immediate impacts of the Republicans’ through this nomination. That is what from some of my Democratic col- pro-growth, pro-opportunity agenda. the Republican majority leader said leagues, including one statement this We have heard from working parents over the weekend, that we are going to weekend that Judge Kavanaugh is not who have received raises and special plow through this nomination of Brett owed the presumption of innocence. bonuses as a result of once-in-a-genera- Kavanaugh for the Supreme Court. It One of our Democratic colleagues said tion tax reform. We have heard from doesn’t sound to me like a recipe for Judge Kavanaugh is not owed the pre- small- and medium-sized business own- fairness, and it certainly doesn’t sound sumption of innocence, because they ers who have been able to make larger like a recipe for getting to the truth. disagree with his judicial philosophy. investments in their workers, facili- Plow through. That was what the Re- That is not a standard we want to set ties, and products, thanks to increased publican majority leader said the Re- in America. regulatory certainty. With every new publican majority would do. No matter how loudly my Demo- job created and every pay raise passed When this all started, I was surprised cratic colleagues try to say otherwise, along, we have seen that these stories when a spokesperson for President we have never been and do not wish to are not disconnected anecdotes. Rath- Trump—Kellyanne Conway, who is not be a society in which a single, er, they are part of larger trends in an noted for her moderation—made what I uncorroborated allegation—disputed by American economy that is reaching thought was a very moderate and everyone who supposedly has some new heights. thoughtful statement at the beginning knowledge of it—can float out across For example, here on the floor, I have of the consideration of Dr. Ford’s decades and wield veto power over highlighted small businesses in Mon- charges. She said that we are neither somebody’s life. tana and the ways they are using tax going to ignore nor insult Dr. Ford. I Judge Kavanaugh is an immensely reform savings to drive their local thought that was a good standard. Un- bright and qualified nominee. We have economies forward—how Stricks Ag fortunately, since she has said that, heard from legal experts and scholars has awarded worker bonuses and how neither the President nor many Repub- that he is one of the fairest and most Thompson River Lumber has invested lican leaders have lived up to it. brilliant jurists anywhere in our coun- in new equipment. Well, earlier this I really come to this as a member of try. We have heard from hundreds of month, Governor Bullock and the Mon- the Senate Judiciary Committee who is character witnesses from his high tana Department of Labor released a trying to think about the gravity of school days to the present who vouch report that that suggests the State’s the situation and what is fair. In this for his character and his integrity. economy is showing signs of wide- situation, we have Dr. Ford’s coming Yet the need for a fair process runs reaching prosperity. In other words, forward. I have thought long and hard even deeper than Judge Kavanaugh the stories my colleagues and I have and have talked to many of my staffers

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.001 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6285 and friends back home about her moti- credibility of these charges before mov- dictate a nonpartisan investigative vation. What in the world does she ing forward and was always con- group like the FBI to look into this have to gain by putting herself and her strained by Dr. Ford’s admonition: matter and come to conclusions, what- family through this? What is at the end Don’t let my identity become public. ever they may be. of it for her? That is why it took longer than it I listened as Senator MCCONNELL said I can’t see any positives other than should have. this morning that justice matters. Evi- the satisfaction that she is pursuing Now Senator MCCONNELL has come to dence matters, he said. Facts matter, what she believes to be true. She is ex- the floor for 2 straight days and has he said. I might add that an FBI inves- posing herself to ridicule, harassment, somehow suggested that the Democrats tigation matters, too, because it would and attack even by the President of the leaked this letter to the press. Well, I get to the bottom of all three of those United States in his tweets. Her family don’t have any knowledge of that things. Yet, the White House, the is in danger, and they have had to whatsoever. I do know, as far as Sen- President, Senator MCCONNELL, and move out of their home. Her computers ator FEINSTEIN was concerned, she was the Republicans have resisted this FBI have been hacked, and she has had to scrupulous in making certain that Dr. investigation despite Dr. Ford’s asking engage attorneys and get into lengthy Ford’s identity was protected as long for it. negotiations with Republicans in the as she wanted it protected. So I don’t As far as the presumption of inno- Senate just for a chance to come and know what he is saying or whether he cence, I listened to Senator MCCON- tell her story. This woman had a fam- has information to back up these NELL say that someone suggested that ily and a life and was well respected by charges that he has made for 2 straight Judge Kavanaugh is not entitled to her colleagues and the people in her days on the floor. that. I disagree with whoever said that. community. It has been turned upside I take a look at this situation, and I Both Dr. Ford and Judge Kavanaugh down. understand where we are today. The are entitled to the presumption of in- Why? What is in this for Dr. Ford? bottom line is that Dr. Ford had noth- nocence. The case has to be proven; the What is she trying to achieve here? ing to gain by doing this—nothing— facts have to be shown as best they The more I have thought about it, and still has nothing to gain. Yet then can. the more I have concluded that she just there is one overriding fact here that I want to add something else too. I believes it is so critically important Senator MCCONNELL continues to ig- am troubled by what President Trump for the American people to hear her nore. Let me take you back in history. said over the weekend about Dr. Ford’s story and understand what she believes Twenty-seven years ago was the Clar- charges—the suggestion that it has to be true about this nominee. So I ence Thomas hearing. I was in the been so long that her charges are not come to this, certainly, with an open House at the time, but I read about it credible, the suggestion that if they mind in terms of her presentation. and followed it as most Americans did. were truly credible, she would have When I hear the Republican leader On the very day that Senate Judiciary told her parents what had happened come to the floor and talk about her Committee Chairman Joe Biden re- that night in the bedroom and that her situation, he zigs and zags. In one mo- ceived the letter from Anita Hill, parents would have reported it to law ment, he sounds like he is sympathetic which charged sexual misconduct enforcement, and we could have read to Dr. Ford and to what she has been against Clarence Thomas, Chairman the police reports. through and calls for fairness. Then, Biden sent the letter to the President That is not the real world when it before he catches a breath, he calls her George H.W. Bush White House—to the comes to this kind of sexual harass- charges an unsubstantiated smear. White House Counsel, C. Boyden Gray. ment and sexual violence—not at all. It I would say to my colleague from Then on that very day, C. Boyden is the reason it took 40 years for altar Kentucky that he can’t have it both Gray, the White House Counsel, or- boys in the Catholic Church to come ways. He can’t be respectful of Dr. Ford dered the Federal Bureau of Investiga- forward and finally tell their stories. It and of the reason she comes to Wash- tion to investigate the charges by is the reason many women who have ington and then dismiss and discredit Anita Hill. been victims never come forward. It is everything she has said as a smear. He There has been a lot of comment on hard. It is difficult. It is painful. It is just can’t have it both ways, but he has whether that investigation had been divisive. Many of them step away from tried for 2 straight days. adequate or preemptory. There has it and carry those memories for their He argues that this situation that we been a lot more comment on whether lifetimes without ever telling anyone. face has been carefully choreographed the following hearing had been fair, If you want to be fair to Dr. Ford, by the Democrats. adequate, and not preemptory. Yet the and if you want to be fair to the vic- There is the old cliche by Will Rog- fact is that the instinct of Joe Biden tims of sexual violence, harassment, ers: ‘‘I don’t belong to any organized and the instinct of the George H.W. and assault, then you have to acknowl- political party—I am a Democrat.’’ It, Bush White House was the same: Inves- edge the obvious. This is something no certainly, applies to this situation be- tigate it. Don’t assume it is true, and one wishes on any member of their cause this has been an unusual develop- don’t assume it is false. family, friend, or person they have ment. Now look at this case. Look at where met. In fairness, if it occurs, we should Senator DIANNE FEINSTEIN receives a we are today despite repeated requests be sensitive to the fact that many letter from Dr. Ford through a Member to the White House and the Repub- don’t want to come forward at all, and of Congress, ANNA ESHOO. When she re- licans for the Federal Bureau of Inves- some only do it reluctantly much later. ceives the letter, it reads at the top tigation to look into this matter. De- I want a fair and open hearing this ‘‘confidential,’’ that she doesn’t want spite repeated requests for them to ask Thursday when both Dr. Ford and her identity to be disclosed. the FBI to do this, they have refused. Judge Kavanaugh come before us. This Senator FEINSTEIN told me and oth- The Republicans have refused an inves- is not a smear campaign, as far as I am ers over and over again that she felt tigation of the charges by Dr. Ford. Dr. concerned. duty bound not to victimize Dr. Ford, Ford has called for the FBI to inves- Dr. Ford, with nothing to gain, has who claimed to have been victimized tigate her own charges. They have re- stepped forward and told her story. She already. She tried to find a way to get fused. has subjected her family and her name to the bottom of this—to establish If they truly believed that there was to the kind of publicity no one would whether Dr. Ford’s charges were accu- no evidence, no witness to back up Dr. wish on their family, and she has done rate. After weeks of trying, she came Ford’s charges, wouldn’t they, obvi- it because she believes the truth is im- to the conclusion that she couldn’t do ously, have called the FBI and said, portant. it through the U.S. Senate and through ‘‘Do your job, and find what you can. By the same token, Judge Kavanaugh the resources available to her. She We are confident, at the end, that is entitled to tell his story, and I hope spoke to Dr. Ford. She took the Judge Kavanaugh will be exonerated’’? he will. He will have to explain to this charges seriously. She was in commu- Yet they have not. Despite all of the committee why he didn’t call for a Fed- nication with her attorneys. She tried calls for fairness over and over again eral Bureau of Investigation effort on her best to find a way to establish the by Senator MCCONNELL, fairness would his own behalf to establish the facts,

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.003 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6286 CONGRESSIONAL RECORD — SENATE September 25, 2018 the evidence, and the witnesses, if you? Take a look at the Senate, this stigated or encouraged by Democrats there were any. He didn’t, and that is a deliberative body, and make sure that in Congress is patently absurd and a fact. in fairness to both Dr. Ford and Judge real insult to the members of the Judi- We also know this charge Senator Kavanaugh, we don’t push this ciary Committee and the Members of MCCONNELL made that Senator SCHU- through, and we don’t rush to judg- this Chamber. It is against the spirit, if MER made up his mind on the ment. Let us use our opportunity in not the letter, of our Senate rules. Kavanaugh nomination early in some the Senate and our responsibility in Addressing the second part of MCCON- respects is true. Senator SCHUMER an- the Senate to treat our constitutional NELL’s claim, that is even worse. nounced his position on this nomina- requirement seriously. Democrats and Republican are always tion early, but if you have been listen- I yield the floor. throwing charges at each other, but ing to the speeches given by Senator I suggest the absence of a quorum. the idea that this is a smear job—what- MCCONNELL on the floor from the start, The PRESIDENT pro tempore. The ever you think of the veracity of the you certainly know where his vote has clerk will call the roll. allegations, it is shameful—shameful— been. He says he is looking forward to The senior assistant legislative clerk to doubt the women’s sincerity. To say hearing the testimony on Thursday. proceeded to call the roll. they are making it up and to discredit Well, clearly, he has made up his mind Mr. SCHUMER. Madam President, I their sincere testimony is nothing before he hears that testimony. So to ask unanimous consent that the order more than a partisan hit job. fault Senator SCHUMER for taking a po- for the quorum call be rescinded. For too long, people in positions of sition on this nomination early, that The ACTING PRESIDENT pro tem- power have dismissed accounts made he is ignoring the obvious—so did Sen- pore. Without objection, it is so or- by women before any evidence could be ator MCCONNELL. dered. brought forward as politically moti- At this point, I will say we face an RECOGNITION OF THE MINORITY LEADER vated or character assassination. We awesome responsibility. A nation di- The Democratic leader is recognized. have come a long way in this country, vided politically, a nation where people Mr. SCHUMER. Madam President, and we have to be better than that— have strong feelings on both sides in an yesterday the Republican leader began better than the low standard Senator effort to find the truth—I don’t know his speech with a quote of mine. Let MCCONNELL has set. what the legal standard is for this me begin mine with a quote of his. At a minimum, we must respect hearing. When it comes to criminal ‘‘We’re going to plow right through it.’’ these women and Judge Kavanaugh by law, we certainly know the matter of That is Leader MCCONNELL: We are handling these allegations with the se- probable cause, which leads to inves- going to plow right through it. He was riousness they deserve. Leader MCCON- tigation and prosecution, and beyond a speaking to the Values Voter Summit NELL owes an apology to Dr. Ford for reasonable doubt to prove the guilt of about serious allegations of sexual mis- labeling her allegations a ‘‘smear job.’’ someone. We know on the civil side conduct by Supreme Court nominee Let me repeat that. Leader MCCONNELL there are different standards. No one Judge Kavanaugh. ‘‘We’re going to owes an apology to Dr. Ford for label- has quite spelled out what our standard plow right through it.’’ Does that ing her allegations a ‘‘smear job,’’ and of proof is, but this much I know. No sound like someone who is treating he should apologize to her imme- one—not any single American—is enti- these allegations with respect and fair- tled to a seat on the Supreme Court. diately. ness and evenhandedness? Does it It is galling—galling—for the Repub- They have to come before the Amer- sound like someone who wants to get lican leader, who has done more than ican people first and certainly the Sen- at the real facts no matter where they maybe anyone else to politicize the Su- ate, under the Constitution, and make fall? Certainly not to me and not to the preme Court nomination process, to their case for the advice and consent of American people. make these trumped-up, hyperbolic the Senate to that nomination. It is a lifetime appointment to the Then, yesterday, Leader MCCONNELL charges of partisanship by Democrats. highest Court in the land. The person brought the debate to a new low by It is a sad habit of Republicans to ac- who fills that seat can make decisions calling the allegations against Judge cuse the other side of doing what they, which swing history one way or the Kavanaugh a ‘‘Democratic smear job.’’ in fact, are doing. It happens over and other, decisions which affect justice Never mind that Leader MCCONNELL over. That seems to be the case here, as and privacy and fairness in American has no evidence—no evidence whatso- Democrats have over and over urged life. For that reason, all of us—all the ever—that the recent allegations were the FBI to help investigate these alle- Members of the Senate, certainly the contrived by Democrats. They were gations, to get to the bottom of it, to Senate Judiciary Committee—have to not. Never mind that Leader MCCON- get to the truth, while Republicans take it seriously. I am going to take NELL has no evidence—no evidence block any investigation and plow right this very seriously, and I hope Mem- whatsoever—that the events in ques- through with their nominee. bers on both sides of the aisle will. tion took place or didn’t take place. It It is simple. If Leader MCCONNELL I also will say this. Senator MCCON- seems likely they did, but he has no were truly concerned about these alle- NELL followed up with his ‘‘plow evidence one way or the other because gations being swept up in partisanship, through this matter’’ comment and he will not even ask for an investiga- he would join us in calling for an FBI told us: We will stay through the week- tion of it. background investigation, which can end, if necessary, to get this done. We He then unilaterally declared the ac- be performed quietly, soberly, quickly, have to get it behind us. We have to counts of multiple women to be ‘‘man- and effectively, without fuss, without move on. Where was Senator MCCON- ufactured mud,’’ part of a partisan muss, and without any circus atmos- NELL’s sense of urgency when the va- smear campaign. Let me address these phere. That is the way to get this done. cancy was created by the death of comments directly that these allega- The only reason it hasn’t happened is Antonin Scalia? For almost a year, tions are part of a ‘‘Democratic smear that both the President and Leader Senator MCCONNELL left that seat va- job.’’ MCCONNELL have blocked it, as well as cant in the hopes that a Republican First, these allegations did not origi- Senator GRASSLEY. Don’t they want would be elected President. The idea nate with Democrats. These women the truth? They say they do, but their now of giving a few days to go through came forward with principle and cour- actions belie that because they will not the evidence, to go through an inves- age, knowing they would face abuse even entertain a background check, tigation, to have a reasonable review of and lasting personal pain for doing so, which the FBI does over and over, to the record of Judge Kavanaugh is now but realizing they had an obligation to find out the facts. I think they are pushed away. This has to be done, it the country, they did so anyway. afraid of the facts. has to be done this weekend, and that Dr. Ford came forward and shared Why doesn’t Judge Kavanaugh call is it—why? Why the urgency, Senator her story voluntarily and on her own for an FBI investigation? He went on MCCONNELL? Shouldn’t we value fair- initiative. She wasn’t put up by a Dem- TV last night and said they are not ness over urgency? ocrat or Republican or anybody else. It true. If they are not true, he has noth- I ask Senator MCCONNELL: Set your came from her heart. The idea that ing to fear from an FBI background in- ‘‘plow’’ aside for a few minutes, would these allegations were cooked up or in- vestigation, and he should want it, no

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.005 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6287 matter what Leader MCCONNELL and had the hearing. Leader MCCONNELL particularly careful manner by the President Trump say. Why doesn’t he and Senator GRASSLEY did not want background investigators, and they are call for it? Is he afraid of the facts? hearings—even hearings, which they not generally made available to Mem- So I challenge you, Leader MCCON- are now saying are fair and right. But bers of the Judiciary Committee staff NELL. If you are so convinced this is a a few Republican Senators, to their because they are so sensitive and po- smear campaign, you will have no credit, said: We have to have hearings. tentially embarrassing. Frankly, we problem with an FBI investigation to At least let’s hear this woman out. just have to get to the bottom of them, prove your case. Come to the floor. I didn’t hear them calling this a but we want to do so in a way that is Come now. Join me in asking the smear job, thank God. They said: Let’s respectful of both the person making White House to reopen the background get the facts. the accusation as well as the nominee. check. Let’s get the politics out of it. Again, to repeat, the best way to get Unfortunately, none of that happened Let’s root out the facts. Let’s get to the facts is not to just plow through it. here because we now know that the the truth—no histrionics, no smearing, It is to have the FBI do what they have ranking member, our friend Senator no name-calling—as they said in Drag- always done when new information FEINSTEIN, sat on this letter for some 6 net, just the facts. comes up involving a nominee they weeks. Then, after the hearing, after Labeling this a partisan smear job may have already checked out: Reopen all the thousand-plus questions for the demeans not only the Senators in my the background check and check out record, after being able to examine not caucus, who I know are doing every- these new facts. It will not take long. only the nominee for 2 days—over a thing they can to treat these allega- It will be done quietly and in private, long period of time—having gone tions with caution and respect for both and then the Judiciary Committee through an FBI background investiga- Dr. Ford and Judge Kavanaugh, but it members, on both sides of the aisle, tion, as well as a bipartisan back- ground investigation by the Judiciary demeans many, many women who have can learn the same facts, done by an Committee staff, this letter comes out come forward of their own volition, objective observer. That is all the in a way that, frankly, puts Dr. Ford in knowingly inviting abuse, to share American people want. an uncomfortable position but also has their stories. They share them not be- The American people see what is consequences in terms of the nominee. cause they simply want their stories to going on. They are looking at Judge Many of us saw last night Judge be told. They want to prevent it from Kavanaugh, and they are finding him Kavanaugh talk about the impact of happening again and again and again in less and less credible. That is why his this accusation that he denies ever oc- the future. They want to protect their nomination is in deep trouble. Perhaps curring, its impact on his children, on daughters and their granddaughters that is why, in poll after poll, the plu- his marriage, and on his reputation. from this kind of stuff, which, as we rality of Americans say Judge This is not something any of us should have seen in the last year or two, has Kavanaugh should not be confirmed. welcome or take lightly, especially been all too real, all too frequent. They Let us get the facts. Let us stop when there is an alternative, which are doing a noble thing. Then, to slan- smearing women who have the courage would have protected Dr. Ford and the der them by calling what Dr. Ford said to come forward. Let’s get to the bot- nominee and allowed us to get to the a smear job is outrageous, demeaning, tom of this in a correct, appropriate, bottom of this accusation before it wrong. Again, Leader MCCONNELL and dignified way. That is what the would ever have the potential of be- should rethink what he said in the heat American people want, and that is coming public. of the moment and apologize to Dr. what we should be doing in a bipartisan I just don’t buy this idea either that Ford. way in this Chamber. if you are a man, you are on one side of So what is really going on here? Why I yield the floor. this argument when it comes to accu- are Republicans falsely claiming that I suggest the absence of a quorum. sations of sexual misconduct, or if you credible allegations are being made for The ACTING PRESIDENT pro tem- are a woman, you are on the other side. political reasons? Because their nomi- pore. The clerk will call the roll. All of us have mothers. We all have fa- nee to the Supreme Court, frankly, has The senior assistant legislative clerk thers. Many of us have brothers and a gigantic credibility problem. proceeded to call the roll. sisters. Many of us are fortunate In his testimony before the Judiciary Mr. CORNYN. Mr. President, I ask enough to have daughters, as I do. I Committee, Judge Kavanaugh misled unanimous consent that the order for want to make sure my daughters, my the committee on numerous occasions the quorum call be rescinded. wife, and my sister are treated with regarding his involvement in some of The PRESIDING OFFICER (Mr. the dignity and respect that they are the ugliest controversies of the Bush KYL). Without objection, it is so or- entitled to were they to be so unfortu- administration, including the Bush ad- dered. nate as to be caught up in a situation ministration’s policies on torture, the Mr. CORNYN. Mr. President, I want- where they were a victim of sexual confirmation of some deeply flawed ed to come to the floor and talk for a misconduct by a man. Conversely, this judges, like William Pryor and Charles few minutes about the unfortunate cir- idea that just because you are a man, Pickering, and his knowledge of the cumstances we find ourselves in as a you are presumed to be guilty because odious theft of Democratic email result of the failure of the Ranking somebody makes an accusation with- records by a Republican staff member Member of the Judiciary Committee to out presenting any evidence to support named Manny Miranda. In all of those, submit a letter that she received that accusation strikes me as being Judge Kavanaugh did not come clean. from—in this case, we now know—Dr. uniquely antithetical to our constitu- He did not tell the truth and nothing Ford to the background investigators, tional system and our sense of what is but the truth, but far, far from it. who are bipartisan, who would have in- fair play. I will talk about that more in Judge Kavanaugh was in the thick of vestigated this matter during the nor- just a second. all of those things as a top political op- mal course of the confirmation process I am very proud to support the nomi- erative in the Bush White House and in a way that protected the anonymity nee, Brett Kavanaugh, for the U.S. Su- yet denied any involvement. Here and confidentiality of Dr. Ford, as well preme Court. I have had the fortune to again, with these new allegations as the nominee. know him since about 2000. He is an ex- brought forward by Dr. Ford and oth- As the Presiding Officer knows, hav- ceptional nominee by all respects. I, ers, Judge Kavanaugh is again issuing ing been a longtime member of the along with the majority leader and blanket denials, but the question Senate Judiciary Committee, fre- others, think it is a disservice to him, looms: Is he credible? Is he credible? quently during the course of a back- as well as to our courts, as well as to He is opposed to having the FBI in- ground investigation, we will learn the Senate and the confirmation proc- vestigate, as is the majority leader and things that Senators will want to ask ess for us to sit idly by and allow our as is President Trump. None of them the nominee about, but some of them colleagues across the aisle to blow up want the facts to come out. They just are so sensitive and, frankly, some of the normal process and to denigrate want to ‘‘plow right through it.’’ If not them involve allegations we just don’t the reputation he has spent a career to for the courage of a handful of Repub- know whether there is any basis to build—especially, without solid evi- lican Senators, we wouldn’t have even them or not. So they are handled in a dence.

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.007 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6288 CONGRESSIONAL RECORD — SENATE September 25, 2018 Again, we all feel sympathy—we to judgment and simply assume the subject to a penalty of perjury for should—for people who claim sexual as- worse. lying, then both witnesses should be sault. We owe them an opportunity for Of course, the other attribute of a subject to a penalty in the event of per- a fair chance to tell their story and to fair process would be an impartial jury for lying. That is another at- produce evidence, and we have recourse judge or somebody who hasn’t already tribute of the fair process that Judge in our courts of law and elsewhere made up their mind. We know that is Kavanaugh talked about last night. when those sorts of serious accusations not the case among our Democratic We can’t ignore the fact that, so far, are made. colleagues. The minority leader said he no one else has corroborated Dr. Ford’s But we also need to consider both would do everything in his power to statements and that she herself con- sides of the equation. We need to con- stop the nominee long before this accu- cedes she told no one about this alleged sider the impact on the nominee— sation came up, and I believe none of incident, not even a friend or a family somebody who served more than 12 the Democrats on the Judiciary Com- member, until 2012 and, only then, years as a judge on the DC Circuit mittee would have supported the nomi- without mentioning Brett Kavanaugh’s Court of Appeals and, before that, nee even before they knew about this name. The Judiciary Committee’s in- worked for the President of the United allegation. vestigators, as you would want and ex- States in the White House Counsel’s That is not a fair process. They are pect, have already been in touch with Office. His public service required him not a neutral observer or an impartial the four other people who Dr. Ford to go through not one FBI background arbiter of the facts. They are more claimed were involved in this incident, check but six FBI background checks, than happy to embrace thinly sourced and all four have denied having any and he passed all of them with flying allegations—even character assassina- knowledge of this event. That is a fact. colors. Never before in any of those six tions—based on shreds of evidence, if You can’t ignore it. You shouldn’t ig- background checks has this accusation you can dignify it by calling it that. nore it. That is something we ought to been lodged. Not once in his long ca- But that is not an approach that I consider as part of a fair process. Nevertheless, we have really done ev- reer has there been any allegation of think we should support. It is certainly erything we possibly can. We have ac- improper conduct on the part of Judge not an approach I can support. I don’t ceded to every reasonable demand that Kavanaugh toward women—not once— think it is a process anybody in the Senate or any American should sup- has been made by Dr. Ford and her law- other than this allegation. yers to give her the opportunity to be As I said, as we think about what a port. It is shortsighted. It is narrowly heard. We welcome her testimony, and fair process is—and Judge Kavanaugh focused and wrong. we will listen to her at the hearing talked about that last night—we need a I once told a friend that when the that has been scheduled for this Thurs- fair process. We need not to assume facts no longer make a difference in an day. We welcome her participation, but somebody is guilty because an allega- argument, I am going to look for a new line of work. But the facts do matter, we insist on a fair process—a fair proc- tion has been made. ess to her and a fair process to the Frankly, in the criminal law context, and these are the facts. Right now, we nominee—one that allows her and we wouldn’t want to give the govern- have one primary allegation regarding Judge Kavanaugh to testify: to explain, ment that much power to be able to Judge Kavanaugh, and then another to justify, and to corroborate if they deny us of our liberty, our property, or one that just popped up in the last day can. Again, one of the hallmarks of a even our life by just an accusation, or so that I will talk about in a mo- fair process is the presumption of inno- without requiring credible evidence to ment. Americans are all too familiar cence. This presumption of guilt, based now with the misconduct that one per- be presented in order to prove it before on an unproven accusation, is un- son claims occurred more than 35 years an impartial jury or judge. This is a American. It is absolutely foreign to ago. It is really hard to reconstruct constitutional principle—a bedrock who we are as a country and the sort of constitutional principle—of our form of things that happened 35 years ago. I process demanded under our Constitu- government. think we all know that from our com- tion for people who are accused of seri- It is very disturbing, and it is dan- mon experience. ous misconduct. gerous to hear some of our colleagues I wonder if anybody within the sound So far, this process has been patently try to turn that principle on its head of my voice could answer me: What unfair both to Dr. Ford and to Judge and say it is up to Judge Kavanaugh to were you doing 35 years ago on a given Kavanaugh because the ranking mem- disprove the allegations. He said it day in a given month at a given time? ber sat on this letter for 6 weeks and never happened. How could he possibly Could you reconstruct, in your own didn’t submit it through the regular disprove the allegation when he said it memory, what you were doing at that background investigation process that never happened? time and on that date and where you would have protected Dr. Ford and her Well, that just shows the extent to were and who you were with? confidentiality while it was being pur- which I think we have gotten off track We also have to bear in mind that sued. Now, as a result of the way this in this confirmation process. We have Judge Kavanaugh has said that this al- was handled by the ranking member, already heard an awful lot about the leged incident, simply, did not happen. her letter, which she requested to re- judge. By all accounts, he is well quali- He said so under penalty of felony. In main confidential, and her complaint, fied, according to friends, mentors, law other words, if you lie to the FBI or if which she requested to remain anony- clerks, attorneys, and professors. Ev- you lie to Congress during the course mous, was leaked to the press, and a erybody who testified about his nomi- of a background investigation or in tes- media firestorm ensued. I am confident nation considered him to be a man of timony to Congress, that is subject to this is not what Dr. Ford wanted when integrity, and I believe that personally a criminal penalty. Now, because Dr. she sent that letter to our ranking to be the fact. Ford didn’t go through the normal member on the Judiciary Committee. So it ought to trouble all of us—not- background investigation, she has not It is important that Dr. Ford be withstanding this orderly, respectful had to give evidence to the committee given the chance to talk about what process by which the Judiciary Com- or to the Congress under that same she believes happened to her. We are in mittee conducts background investiga- penalty of perjury. Judge Kavanaugh the middle of an important national tions, including accusations like the has, but she hasn’t. Yet she will have conversation about sexual assault and one being made by Dr. Ford—when that that chance this Thursday. how certain people in positions of emerges at the eleventh hour. It makes I firmly believe that a fair process power wield their influence to coerce no sense in terms of what we know means that both the accuser and the and intimidate women in the work- about the nominee. It doesn’t fit the accused should be required to provide place and at large. This is a long over- picture. When something is alleged information to the Congress—to the due conversation, but we can’t let the that is so completely out of character Senate and to the Judiciary Com- pendulum swing so far as to deny the for what we do know about the nomi- mittee—under the same conditions. In accused his or her basic rights. nee, it ought to strain our credulity. I, other words, if one witness testifies The Judiciary Committee, as I said, unlike some of our colleagues across under oath, then both witnesses should is no stranger to these sorts of allega- the aisle, do not believe we should rush testify under oath. If one witness is tions as one of our own Members

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.008 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6289 stepped down during this Congress does not hold up to scrutiny. You don’t in a larger context. Surely, these alle- after he acknowledged his own mis- have to take my word for it. Just ask gations cannot be viewed in isolation conduct. Yet, if, as Judge Kavanaugh the New York Times. The New York nor can the fact that our colleagues says, the conduct in question never oc- Times looked into it and conducted across the aisle previously questioned curred, he shouldn’t be used as some dozens of interviews. It tried to find Amy Coney Barrett for her Catholic sort of sacrificial lamb on behalf of anybody who would corroborate this faith. Judge Kavanaugh is a practicing larger causes and concerns to which he allegation, and it wouldn’t touch it be- Catholic as well. Amy Coney Barrett, is in no way attached or implicated. cause it couldn’t get anybody else to who had been nominated for the Sev- That would be unjust. That would be say: Yes, that is what happened. enth Circuit, was actually told in the the opposite of fair. It would also es- One journalist said on the air that questioning of her Catholic faith that tablish a terrible precedent for nomi- Democrats sought out this second the dogma lived loudly within her, nees in moving forward. We can’t and woman and essentially convinced her which suggested somehow that because we shouldn’t let that happen. to make an accusation against Judge she is a practicing Catholic, she could I believe Chairman GRASSLEY, the Kavanaugh. According to the story, no not be confirmed to the U.S. Court of chairman of the Judiciary Committee, one the accuser knows has corrobo- Appeals for the Seventh Circuit. has done an extraordinary job under rated her claim. That is why the New We don’t have religious tests in this very difficult circumstances. He has York Times wouldn’t report it. They country. No matter what your faith or been extraordinarily gracious in trying interviewed several dozen people. They background or absence of faith in a to accommodate Dr. Ford. That is what looked really hard. You can imagine higher being, we should not be attack- we all have wanted even after her legal how hard those reporters looked to find ing nominees for their religions or team has ignored offers and deadlines somebody—anybody—who would cor- their faiths or their lack of faith. We over the course of the last week. roborate this allegation, but they should be confirming good nominees I have to be honest, though. Some of couldn’t find anybody. What they who can apply the law and the Con- the tactics that have been waged so far found was that the accuser herself re- stitution as written. Yet I think it is make me wonder whether Dr. Ford is portedly told others that she was not important to put the Amy Coney Bar- still in control of her own story and sure if the perpetrator was actually rett questioning and statement in this her own circumstances. It makes me Judge Kavanaugh. She told others with context, given the background and wonder whether she is being exploited whom she was talking about possibly faith of this nominee. by a political cause and whether her corroborating her accusation that she We will try our best to get to the handlers and some of her supporters was not sure it was Judge Kavanaugh. truth this week. We will listen care- truly have her interests at heart. I Now this information has been dis- fully, but we will remember all of the wonder this particularly given that, tributed to the press and around the evidence, and then we will vote on after insisting this sensitive matter be country in a way that really is extraor- whether to confirm Brett Kavanaugh treated confidentially, the letter—in dinarily shameful. I don’t say this to the U.S. Supreme Court. the possession of our colleagues on the often, but good for the New York Our Democratic colleagues have Democratic side on the Judiciary Com- Times. Thanks for upholding a mod- dragged this out long enough. There mittee—was leaked to the media, and icum of journalistic integrity by not will be no more delays, and soon it will Dr. Ford was forced to go forward pub- reporting this uncorroborated allega- be the time to vote. I say to my licly. Remember that the reason our tion in which the person who was mak- friends, we will hear from Dr. Ford. We friend, the ranking member from Cali- ing the accusation said: I may have the have done our best to accommodate her fornia, said she withheld this allega- wrong guy. Shame on the New Yorker and to give her a safe place where she tion until the very last minute was to and others who have published this can tell her story under oath to mem- protect Dr. Ford and to respect her re- junk journalism. bers of the Judiciary Committee who quest for anonymity. Yet that was then As he said, Judge Kavanaugh is not will be voting on this nomination. trampled on, ignored, and her wishes going away. Despite the allegations Likewise, Judge Kavanaugh will be betrayed when this letter was leaked to made against him, which he says are placed under oath and give his testi- the press. false and did not happen, despite the mony. Both of them will be subject to Again, this is a particularly trou- smear campaign on his reputation as a the penalties for perjury, which is a bling matter, but one of our colleagues person of integrity, despite the threats routine requirement for everyone giv- on the other side of the aisle on the Ju- made against him and his family, he ing testimony. We have to remember diciary Committee has gone so far as said he will not be intimidated into this has to be a fair process, both to to suggest that Judge Kavanaugh withdrawing, and he vowed to defend the accused and the accuser. doesn’t deserve the presumption of in- both his integrity and his good name Some of the rhetoric, some of the nocence, that just because a 35-year-old before the Judiciary Committee this statements I have heard about the allegation was made, we must presume week. process have been anything other than he is guilty. She said she believes that As the delay tactics continue to play fair to either one of them, thanks to not because of anything to do with his out and as the news stories continue to the fact that this letter was not dis- reputation for honesty or truthfulness pile up, let’s not lose sight as to why closed earlier but then dropped into the or anything about the facts; she said it Judge Kavanaugh was nominated in public view, notwithstanding the reluc- is because of the way he conducts his the first place—his qualifications and tance of Dr. Ford to have her identity judging, the way he approaches cases. the respect that he enjoys from all of revealed. This is an extraordinarily disturbing those who have interacted with him So we are where we are. We have a statement, and I think it should be to professionally and personally. His work job to do. Under the Constitution, it is all of us—this idea that he is denied has been praised by legal practitioners the Senate’s responsibility to provide what is a constitutional right, when an and scholars alike. He has been unani- advice and consent on nominations to accusation is made of a crime, because mously affirmed by the Supreme Court the U.S. Supreme Court, and we are of the way he performs his job as a on numerous occasions. During his going to do that. We are going to do judge, deciding cases. That ought to grueling week-long confirmation hear- that after hearing from Dr. Ford and disturb all of us. I hope our colleagues ing, he showed the kind of poise and se- after hearing from Judge Kavanaugh, will approach Thursday’s hearing with riousness befitting of the high office to just as we have heard for days from more open minds than, apparently, she which he has been nominated. He field- Judge Kavanaugh and other nominees will. ed many, many questions from Repub- following an extensive FBI background As I mentioned a moment ago, it is licans and Democrats, and he re- investigation and investigation by the true that now there is a second allega- sponded to all of them truthfully, bipartisan professional staff on the tion that has been reported against articulately, and graciously. Senate Judiciary Committee. We are Judge Kavanaugh. It stems from the While it is easy to be distracted by going to know everything that can be New Yorker article that was published the latest irresponsible, unsubstan- known about the nominee and about a couple of days ago, but, obviously, it tiated allegation, we need to put that this alleged incident that Judge

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.011 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6290 CONGRESSIONAL RECORD — SENATE September 25, 2018 Kavanaugh said never occurred 35-plus rate, which up until January 1, was the you are nominated by a Republican years ago. highest corporate tax rate in the devel- President, you are out. I can’t tell you where I was on any oped world. We expanded business own- As I said, it came as no surprise that given day of the week 35 years ago at a ers’ ability to recover the cost of in- Democrats were determined to fight certain time of day. That is why our vestments they make in their busi- Judge Kavanaugh’s nomination. The job is so difficult, but we are going to nesses, which frees up cash they can re- ink on the nomination was scarcely do our very best, in fairness to Dr. Ford invest in their operations and their dry before the Democratic leader had and Judge Kavanaugh, to try to bring workers. We brought the U.S. inter- announced he was going to ‘‘fight this this matter to a fair conclusion. national tax system into the 21st cen- nomination with everything I’ve got.’’ I yield the floor. tury so American businesses are not While I expect the Democrats to fight I suggest the absence of a quorum. operating at a disadvantage next to Judge Kavanaugh’s nomination, I ex- The PRESIDING OFFICER (Mr. LEE). their foreign competitors. pected them to do so honorably. I ex- The clerk will call the roll. Now we are seeing the results. Our pected them to make their objections The senior assistant legislative clerk economy is thriving. The economy known, to grill Judge Kavanaugh in proceeded to call the roll. grew at a vigorous 4.2-percent pace in the hearing, and then to cast their Mr. THUNE. Mr. President, I ask the second quarter of 2018. Since the votes against the judge, but that is not unanimous consent that the order for Tax Cuts and Jobs Act was signed into what happened. the quorum call be rescinded. law less than a year ago, 1.7 million As it became clear that Judge The PRESIDING OFFICER. Without jobs have been created. U.S. job open- Kavanaugh was headed toward a vote objection, it is so ordered. ings have hit a record high of 6.94 mil- and confirmation, it was leaked that TAX REFORM lion. In fact, the number of job open- the ranking member on the Senate Ju- Mr. THUNE. Mr. President, America ings has exceeded the number of unem- diciary Committee had a letter con- has always been a place of economic ployed for 5 straight months. Think taining an unsubstantiated allegation promise. Millions of people have come about that. The number of job openings against Judge Kavanaugh regarding an to this country in search of a better has exceeded the number of people who alleged incident when he was in high life for themselves and an even better are looking for jobs for the past 5 school. The ranking member had re- life for their children, but in recent months. ceived this letter at the end of July but years this dream had started to dim. Wages are rising at the fastest rate chose to sit on it for a month and a Under the Obama administration, our since 2009. Middle-class income hit its half without discussing its existence economy stagnated. Too many Amer- highest level ever last year—ever—and with Republicans. ican families struggled. Worse, some the poverty rate dropped to its lowest If the ranking member thought this economists were predicting that weak level since 2006. Small business opti- allegation was credible, she had an ab- economic growth would be the new nor- mism shattered its previous record to solute responsibility to bring it up im- mal. Republicans disagree with that as- reach a new high in August. I could go mediately so it could be addressed. sessment. We didn’t think the United on. Holding it until a politically opportune States was doomed to a future of weak So what does this all mean? It means moment was a betrayal of her obliga- growth and diminished opportunity. that if you need a job, there are more tion as a leader on the committee. We knew American workers and Amer- jobs available and jobs with good bene- On the other hand, if she thought the ican businesses were as driven, cre- fits. It means there are more opportu- allegation to be false—which is the ative, and innovative as ever. We also nities for workers to advance and build only possible justification for her deci- knew they were facing a lot of obsta- rewarding and secure careers. It means sion to sit on the allegation for 6 cles, including burdensome regulations fewer families are having to live pay- weeks—then the subsequent decision and an outdated tax code that acted as check to paycheck and that more fami- by Democrats to exploit the allegation a drag on economic growth. So instead lies have money available to plan for in an attempt to derail Judge of giving up on the economy, we de- the future, such as for their kids’ col- Kavanaugh’s confirmation is, frankly, cided we were going to get the econ- lege or for their retirement. It means despicable. Either way, it is clear that omy going again by removing obstacles small business owners can think about from the beginning, Democrats oper- to economic growth and job creation. expanding their businesses and hiring ated without a shred of real concern for Over the past 21 months, that is ex- new workers instead of wondering how either the individual who made the al- actly what we have done. We have re- they are going to make ends meet. legation against Judge Kavanaugh or moved burdensome regulations, and When the American people elected us for the integrity of the confirmation last December we passed a historic and to the majority almost 2 years ago, we process. comprehensive reform of our Tax Code. had one priority, and that was making Now, after a fishing expedition by The Tax Code isn’t necessarily the life better for American families. I am Democrats, the New Yorker has re- first thing people think of when they very proud we are succeeding, but we ported an accusation from Judge think of economic growth, but in ac- are certainly not stopping here. We are Kavanaugh’s freshman year in college tual fact, the Tax Code has a huge ef- going to continue working to expand made by a woman who has admitted fect on our economy. opportunity for Americans even fur- her memory of the event is hazy and A small business owner facing a huge ther. We are going to continue to build that she can’t be sure Judge tax bill is highly unlikely to be able to on the work we have done on other pri- Kavanaugh is the individual she has in expand her business or hire a new em- orities, from equipping our military mind. ployee. In fact, if her tax burden is and supporting our veterans to fighting The New York Times—not what any- heavy enough, she may not even be the opioid crisis. one would call a conservative news- able to keep her business open. Simi- NOMINATION OF BRETT KAVANAUGH paper—declined to publish the allega- larly, a large business is going to find Mr. President, before I close, I want tion because it could not find anyone it pretty hard to create jobs or improve to take a moment to express my pro- to corroborate the story, despite con- benefits for employees if it is strug- found disappointment with my Demo- tacting ‘‘several dozen people.’’ Yet gling to stay competitive against for- cratic colleagues. Democrats have seized on this hazy, eign businesses that are paying much It came as no surprise that Demo- unsubstantiated story—a story so less in taxes. crats were determined to oppose Judge shaky that as I have mentioned, the Prior to the passage of the Tax Cuts Kavanaugh’s nomination. It has be- New York Times refused to even print and Jobs Act, our Tax Code was not come abundantly clear in this Congress it—and are using that to call for fur- helping our economy. It was doing the that Democrats consider being nomi- ther delays in the confirmation proc- opposite, and so we took action. We nated by a Republican President dis- ess. lowered tax rates across the board for qualifies a person from serving on the That is not a concern for the truth; it owners of small and medium-sized busi- Supreme Court. It doesn’t matter how is politics, pure and simple; it is at- nesses, farms, and ranches. We lowered mainstream you are, how widely re- tacking someone’s character; and it is our Nation’s massive corporate tax spected, or how fair and impartial, if a serious matter. If you are going to

VerDate Sep 11 2014 23:59 Sep 25, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.012 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6291 impugn someone’s character, you need in 2005, the Senate confirmed former RECESS to have actual evidence to back it up, CPSC Commissioner Nancy Ann Nord The PRESIDING OFFICER. Under not a story that even the accuser her- to similar successive terms—a remain- the previous order, the Senate stands self has called into question. der term and a second full term—and in recess until 2:15 p.m. Is this what Democrats want subse- the Senate did it by voice vote. Thereupon, the Senate, at 12:36 p.m., quent Supreme Court confirmations to What is unprecedented is the level of recessed until 2:15 p.m. and reassem- look like, a hyperpartisan process in partisanship that CPSC nominees are bled when called to order by the Pre- which character attacks don’t have to facing in the current environment. In siding Officer (Mr. PORTMAN). be backed up with actual evidence, in fact, since Congress established the which innuendo can substitute for in- CPSC in 1972, there have been only f formation, and where a presumption of three rollcall votes to confirm CPSC guilt is the order of the day, no matter Commissioners. One of those rollcall EXECUTIVE CALENDAR—Continued how shaky or unsubstantiated the alle- votes occurred this past May for Com- gations? missioner Dana Baiocco after Demo- The PRESIDING OFFICER. Under I will say it again. I am deeply dis- crats delayed her confirmation for over the previous order, all time has ex- appointed in my Democratic col- 6 months. The other two were in 2014 pired. leagues. and in 1976. The question is, Will the Senate ad- I look forward to hearing from Judge vise and consent to the Feldman nomi- Kavanaugh later this week. Put another way, when we finish vot- ing on Peter’s confirmation, we will nation? NOMINATION OF PETER FELDMAN Mr. WICKER. I ask for the yeas and Mr. President, I rise today to voice have doubled in a single year the amount of votes on CPSC Commis- nays. my strong support for the nomination The PRESIDING OFFICER. Is there a of Peter Feldman to be a Commissioner sioners since Congress established the agency in 1972. That is how easy, in the sufficient second? at the Consumer Product Safety Com- There appears to be a sufficient sec- mission. past, it has been to confirm Commis- sioners to this agency. ond. Peter has been an exceptional mem- The PRESIDING OFFICER. The My hope is that we are not yet done ber of my staff throughout my time as clerk will call the roll. confirming CPSC nominees. I am hop- chairman and ranking member of the The assistant bill clerk called the ing that soon the Senate will turn to Senate Commerce Committee. Serving roll. the nomination of Acting CPSC Chair- as senior counsel for consumer protec- Mr. CORNYN. The following Senator man Ann Marie Buerkle. The Com- tion on the committee for over 7 years, is necessarily absent: the Senator from merce Committee held a hearing on Peter has been instrumental in draft- Arizona (Mr. FLAKE). Acting Chairman Buerkle’s confirma- ing and negotiating bipartisan legisla- The PRESIDING OFFICER. Are there tion almost a year ago; nevertheless, tion and conducting meaningful over- any other Senators in the Chamber de- Democrats still haven’t allowed a vote sight of Federal agencies related to siring to vote? on her confirmation. While she con- consumer product safety, unfair and The result was announced—yeas 80, tinues to lead the agency in an acting deceptive trade practices, and sports nays 19, as follows: policy. Those who have had the privi- capacity, the CPSC deserves a Senate- [Rollcall Vote No. 215 Ex.] lege of working with Peter would at- confirmed leader, and we are com- test to his well-earned reputation for mitted to confirming her nomination YEAS—80 building consensus and forming coali- as soon as possible. Alexander Fischer Murphy Baldwin Gardner Murray tions to improve consumer safety. Let me be clear. I expect and appre- Barrasso Graham Nelson Peter’s work on significant consumer ciate that more Democrats will likely Bennet Grassley Paul safety legislation began even before his vote for Peter Feldman’s initial term Blunt Hassan Perdue tenure on my staff. As a staffer for Boozman Hatch Peters at the CPSC. I expect that we are going Burr Heitkamp former Senator Mike DeWine, for ex- Portman to have Democrats here—many Demo- Cantwell Heller Risch ample, he worked directly on the Vir- crats, I hope—who will vote for that Capito Hoeven Roberts ginia Graeme Baker Pool and Spa Safe- initial term. Peter’s history of biparti- Cardin Hyde-Smith Rounds Carper Inhofe Rubio ty Act. More recently, on the Senate sanship, depth of experience, and mas- Casey Isakson Sasse Commerce Committee, Peter led our tery of the critical consumer safety Cassidy Johnson Scott Collins Jones work on numerous bipartisan legisla- issues before the agency will undoubt- Shaheen tive initiatives, including the Con- Coons Kaine edly benefit the agency greatly and Corker Kennedy Shelby sumer Review Freedom Act, the Better more than merit such support from Cornyn King Smith Online Ticket Sales Act, and the Child both sides of the aisle. Peter’s con- Cortez Masto Klobuchar Sullivan Cotton Kyl Tester Nicotine Poisoning Prevention Act. firmation will also ensure that the Thune Peter is very well qualified to serve Crapo Lankford CPSC has its full complement of Com- Cruz Leahy Tillis as a Commissioner on the CPSC and missioners to execute its important Daines Lee Toomey enjoys the support of a wide range of safety mission. Nevertheless, I find it Donnelly Manchin Udall stakeholder groups, including safety Duckworth McCaskill Van Hollen deeply regrettable that a well-qualified Enzi McConnell Warner advocates who describe him as ‘‘a pro- nominee like Peter will face objections Ernst Moran Wicker fessional, thoughtful, and committed from some who have expressed no sub- Feinstein Murkowski Young public servant.’’ Nevertheless, it is my stantive concerns about his qualifica- NAYS—19 understanding that some on the other tions to be a CPSC Commissioner. Blumenthal Hirono Schumer side of the aisle are requiring us to It is my hope that the Senate will Booker Markey Stabenow hold multiple votes on his confirma- soon return to its tradition of biparti- Brown Menendez Warren Durbin Merkley tion for reasons that have nothing to sanship in the confirmation of nomi- Whitehouse do with his qualifications. In a nut- Gillibrand Reed Wyden nees to critical independent safety Harris Sanders shell, Democrats have expressed no ob- agencies such as the CPSC. Heinrich Schatz jection—no objection—to Peter’s quali- NOT VOTING—1 fications to be a CPSC Commissioner. I urge my colleagues to support Peter Instead, Democrats object to the fact Feldman’s confirmation for both the Flake that, in addition to being nominated to remainder of the existing term and for The nomination was confirmed. complete the remainder of a term ex- the full term to which he has been The PRESIDING OFFICER. Under piring next year, President Trump has nominated. the previous order, the motion to re- also nominated him to a full 7-year I yield the floor. consider is considered made and laid term on the CPSC. The PRESIDING OFFICER. Under upon the table, and the President will While Peter’s situation is somewhat the previous order, all time has ex- be immediately notified of the Senate’s unique, it is not unprecedented. In fact, pired. action.

VerDate Sep 11 2014 01:03 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.014 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6292 CONGRESSIONAL RECORD — SENATE September 25, 2018 CLOTURE MOTION Udall Warner Whitehouse Songwriting is an art. I know this be- Van Hollen Warren Wyden cause I have done it myself. I have The PRESIDING OFFICER. Pursuant NOT VOTING—1 written dozens of songs over the years, to rule XXII, the Chair lays before the and I even earned a gold and a plat- Senate the pending cloture motion, Flake inum record. I know firsthand how which the clerk will state. The PRESIDING OFFICER. On this small the royalties are, even when your vote, the yeas are 50, the nays are 49. The senior assistant legislative clerk song is a success. It is time to change The motion is agreed to. read as follows: that. The Music Modernization Act will CLOTURE MOTION f do so. We, the undersigned Senators, in accord- EXECUTIVE CALENDAR The heart of the bill is the creation ance with the provisions of rule XXII of the of a mechanical licensing collective to Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The administer reproduction and distribu- move to bring to a close debate on the nomi- clerk will report the nomination. tion rights for digital music. One of the nation of Peter A. Feldman, of the District The senior assistant legislative clerk driving forces in recent years of the de- of Columbia, to be a Commissioner of the read the nomination of Peter A. Feld- cline in songwriter royalties has been Consumer Product Safety Commission for a man, of the District of Columbia, to be the transition to digital music. This term of seven years from October 27, 2019. a Commissioner of the Consumer Prod- may seem a bit surprising as one might (Reappointment) uct Safety Commission for a term of think that the availability of millions Mitch McConnell, Richard C. Shelby, seven years from October 27, 2019. (Re- Todd Young, Pat Roberts, Thom Tillis, of songs at the click of a mouse will Cory Gardner, Roger F. Wicker, Mike appointment) lead to more royalties, given that more Rounds, David Perdue, John Boozman, The PRESIDING OFFICER. The Sen- music than ever before is now available Roy Blunt, Jerry Moran, Lamar Alex- ator from Utah. instantaneously. ander, John Thune, Tim Scott, John ORRIN G. HATCH MUSIC MODERNIZATION ACT The problem is that these big digital Barrasso, Steve Daines. Mr. HATCH. Mr. President, this music companies, like Pandora and The PRESIDING OFFICER. By unan- week, the House of Representatives Spotify, with their catalogs of millions imous consent, the mandatory quorum will pass and send to the President the of songs, simply don’t have the capa- call has been waived. most important copyright reform in bility to find every single songwriter The question is, Is it the sense of the decades. The name of the bill, which for every single one of the songs they Senate that debate on the nomination passed this body by unanimous vote play. Tracking down the recording art- of Peter A. Feldman, of the District of last week, is the Orrin G. Hatch–Bob ist—that is, the singer—usually can be Columbia, to be a Commissioner of the Goodlatte Music Modernization Act. done, but finding songwriters is a dif- Consumer Product Safety Commission As the Senate was considering the ferent story. The bill creates a mechanical licens- for a term of seven years from October bill, my good friend from Tennessee, ing collective that is tasked with iden- 27, 2019, (Reappointment), shall be Senator ALEXANDER, asked to rename tifying songwriters, matching them to brought to a close? the bill in my honor. I was touched by sound recordings, and then ensuring The yeas and nays are mandatory this kind gesture from my good friend and by the willingness of my colleagues that a songwriter actually gets paid as under the rule. he or she should. Importantly, this col- The clerk will call the roll. to agree to this suggestion. It wasn’t necessary though. lective will be run by songwriters The senior assistant legislative clerk themselves and by their representa- We are also adding to the bill the called the roll. tives in the publishing community. name of the retiring House Judiciary Mr. CORNYN. The following Senator This is an enormous victory for song- is necessarily absent: the Senator from Committee chairman, BOB GOODLATTE, writers. For the first time in history, in recognition of all he has done to get Arizona (Mr. FLAKE). songwriters and their representatives this bill across the finish line and to The PRESIDING OFFICER (Mr. will be in charge of making sure they improve our Nation’s copyright laws. HOEVEN). Are there any other Senators get paid when their songs get played. The Music Modernization Act was in the Chamber desiring to vote? This is not the only thing the bill years in the making. It was the result does, not by a long shot. It also The yeas and nays resulted—yeas 50, of countless hours of hard work and nays 49, as follows: changes the rate standard for reproduc- many late nights by staff, stake- tion and distribution rights to ensure [Rollcall Vote No. 216 Ex.] holders, and Members of this body. My that songwriters get paid a fair market YEAS—50 friend from Tennessee, Senator ALEX- rate, and it provides important protec- Alexander Gardner Paul ANDER, did an outstanding job last tions to digital music companies. It Barrasso Graham Perdue week here on the floor explaining the creates a blanket digital license for Blunt Grassley Portman need for the bill and how it will im- Boozman Hatch companies like Pandora and Spotify so Risch prove the music marketplace. I will Burr Heller Roberts that they can have certainty that they Capito Hoeven Rounds provide a brief summary at this time. will not be sued when they offer songs Cassidy Hyde-Smith Rubio Our current music licensing laws are for download or interactive streaming. Collins Inhofe Sasse Corker Isakson badly out of date. Too often, song- It also provides a liability shield Scott Cornyn Johnson writers don’t get paid when their songs Shelby against past infringement, provided Cotton Kennedy Sullivan get played, and even when they do get certain conditions are met—again, so Crapo Kyl paid, they don’t get paid at a fair mar- Cruz Lankford Thune that digital music companies can have Daines Lee Tillis ket rate. This has made it increasingly certainty in going forward. Enzi McConnell Toomey difficult for songwriters to make a liv- The Music Modernization Act also Ernst Moran Wicker ing doing what they love and has makes important changes to perform- Fischer Murkowski Young harmed our entire music industry. ance rights. It creates a Federal per- NAYS—49 Some have even left the field of writing formance right for pre-1972 sound re- Baldwin Gillibrand Merkley songs. They have given up, and I really cordings and moves our licensing laws Bennet Harris Murphy lament that. away from the patchwork of incon- Blumenthal Hassan Murray Songwriters are the lifeblood of Booker Heinrich sistent State laws and toward a more Nelson American music. In order to have a Brown Heitkamp Peters uniform, coherent Federal standard. It Cantwell Hirono Reed great single or a great album, you first ends the rate carve-out that legacy Cardin Jones Sanders have to have a great song. You need cable and satellite providers have en- Carper Kaine Schatz Casey King the music. You need the lyrics. And joyed for two decades that has allowed Schumer Coons Klobuchar you need them to fit together in a way them to pay below-market rates and Shaheen Cortez Masto Leahy Smith that makes you feel something, that stave off meaningful competition. This Donnelly Manchin tugs at your heart and your will result in fairer rates for recording Duckworth Markey Stabenow Durbin McCaskill Tester heartstrings, that makes you feel ex- artists and create a more level playing Feinstein Menendez cited or peaceful or nostalgic. field for new market entrants.

VerDate Sep 11 2014 00:47 Sep 29, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD18\SEPTEMBER\S25SE8.REC S25SE8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6293 The bill also provides that rate pro- need to recognize David Cleary, his bill possible and who did a superb job of ceedings for performance rights will ro- chief of staff; Lindsay Garcia, his gen- educating Congress on the need for this tate among judges and that judges may eral counsel; and Paul McKernan, his bill and how it is going to make a dif- consider sound recording royalty rates former legislative assistant. They were ference for songwriters and musicians. when setting corresponding rates for wonderful to work with and deserve The first are the Nashville Song- musical works, and it makes a clear tremendous credit for this victory. writers Association International and statement that the Department of Jus- I next need to thank Senator WHITE- Songwriters of North America, which tice should work with Congress to en- HOUSE, who has been with me through- helped me and my colleagues to under- sure there is a proper framework in out this entire journey as well. His stand how our current laws are hurting place to administer performance rights chief counsel, Lara Quint, has been a songwriters and what we needed to do for musical works in the event the De- terrific help and an important liaison to help them. Next is the National partment decides it is time to sunset with my Democratic colleagues. Music Publishers Association, which the ASCAP and BMI consent decrees. I need to thank Chairman GRASSLEY, refused to give up on this bill even Lastly, the bill puts in place a formal who shepherded this bill through the when the path forward looked murky process for producers, sound engineers, committee and made important con- at best. ASCAP and BMI were also cru- and other behind-the-scenes players to tributions to the bill’s oversight and cial players that helped to energize receive a share of the performance roy- transparency provisions. His deputy tens of thousands of songwriters to alties. This will help to ensure that all staff director and chief civil counsel, support this effort. of the participants in the music-mak- Rita Lari, put a lot of work into this I next need to thank the Recording ing process are fairly compensated for bill and into the accompanying com- Industry Association of America, as their contributions. mittee report. Her determination and well as SoundExchange and the Re- As one can see, the Orrin G. Hatch- dedication made this bill better and cording Academy, for their work on be- Bob Goodlatte Music Modernization helped to bring us to this point today. half of recording artists and their will- Act is a comprehensive piece of legisla- Ranking Member FEINSTEIN deserves ingness to make the necessary com- tion that will have wide-ranging im- significant credit as does her counsel, promises to get this bill through. pacts across the music landscape. It Anant Raut. They helped to make this The Digital Media Association and touches all sectors of the music indus- bill a bipartisan success. its member companies, including Ama- try and makes important reforms to Senator COONS played a pivotal role zon, Apple, Microsoft, Pandora, Rhap- ensure that songwriters, musicians, in this legislation. He was a champion sody, Spotify, and YouTube, also de- and other key contributors to Amer- of title II, the CLASSICS Act, which serve special recognition. They were ican music are treated fairly. creates a Federal performance right for essential in helping me and my col- There is a reason this bill passed the pre-1972 sound recordings. Special rec- leagues to understand the uncertain- Senate unanimously and why it will ognition goes to Jamie Simpson, in his ties of the current digital music mar- pass the House with overwhelming sup- office, who led us through some chal- ketplace and why the reforms in the port, which is that all sides of the lenging negotiations and made sure we Music Modernization Act are necessary music industry came together to find a came out all right. to the continued growth and success of way to make our music laws better, to Senator KENNEDY was the Republican the digital music ecosystem. The Inter- make them function properly, and to lead on the CLASSICS Act, and I am net Association similarly played an update them for the digital age. No glad to have had this opportunity to important educative function, and I side got everything it wanted, but ev- work with him and with Nick thank the association and its members eryone got something. At the end of Hawatmeh and Brittany Sadler from for their support. the day, we have a piece of legislation The final industry stakeholder I his staff. we can all be proud of. would like to thank is the National As- I also need to recognize two House Now, the fact that this bill passed sociation of Broadcasters. In par- colleagues. The first is Representative unanimously does not mean that it was ticular, I would like to thank the asso- DOUG COLLINS, who has fought tire- an easy lift—not by any means. This ciation for its willingness to com- lessly for this bill. He and his staff was an extraordinarily complex, multi- promise and for the support it lent to have been unstoppable. Every obstacle, faceted piece of legislation with dozens later stages of the legislative process. every hurdle they have worked to over- of moving parts and cross-cutting The 50–State support that the NAB come. Even after the bill passed the issues that impacted stakeholders in gave to the bill made an important dif- varying ways. Each component of the House, they did not let up. They were ference to a number of my colleagues, bill was crucial to its passage, which 100 percent committed to this legisla- and I thank the NAB for its advocacy. made negotiating and revising the leg- tion, and I cannot thank them enough The final thanks I need to offer is to islative text an exceedingly delicate for everything they have done. Brendan my staff. This bill would not have hap- process. There were numerous unex- Belair, Representative COLLINS’ chief pened without them and their tireless pected developments along the way, of staff, and Sally Rose Larson, his leg- dedication. each of which had to be handled in a islative director, have been absolutely I would first like to highlight my manner that did not upset the bill’s outstanding. communications team, Matt Whitlock careful balance. So I need to spend The other House colleague I need to and Ally Riding. They did a terrific job some time today in thanking everyone recognize is my good friend BOB GOOD- in putting together materials to help who made it possible for us to get to LATTE, the chairman of the House Judi- other offices and the public understand this point. How often does the Senate ciary Committee. Like me, Bob is re- this bill and its importance. They also pass a 186-page bill unanimously? Al- tiring this year. He has been a wonder- showed some pretty serious video pro- most never. That alone tells you how ful chairman. I have had the privilege duction chops. well the bill’s sponsors and their staffs of working with him on a number of I would next like to thank my legis- managed this process. initiatives that have become law—a lative director, Matt Jensen. Matt I first need to thank Senator ALEX- whole raft of them. I am so glad to worked diligently behind the scenes to ANDER, my dear friend from Tennessee. have had the opportunity to work with identify the proper vehicle and offset He has been by my side throughout the him on this legislation before we leave for the bill. He reviewed just about entire process. Senator ALEXANDER is a office, and I am so pleased to share my every fund and fee in the entire Federal tireless advocate for songwriters in his name with his on the bill. Government and would not give up. State and for music in general in his I would like to give a special shout- Next up is my chief of staff, Matt State. This bill would not be on its way out to his chief counsel for intellectual Sandgren. Matt has been with me now to the President’s desk in short order property, Joe Keeley, who played a cru- for 15 years. He is one of the finest without all of his hard work. I ac- cial role in shepherding this bill aides I have ever had. He spent years as knowledge it and compliment him in through the House. my go-to intellectual property counsel every way for it. Now I need to turn to the industry before becoming my chief of staff and Senator ALEXANDER’s staff has been stakeholders who came together to has been an essential part of this proc- outstanding as well. In particular, I make the compromises that made this ess. He had the foresight and strategic

VerDate Sep 11 2014 01:03 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.023 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6294 CONGRESSIONAL RECORD — SENATE September 25, 2018 know-how to get this bill across the been a great aide to me—a great help It has been a great privilege to work finish line. No last-minute obstacle was to me—throughout this process, and I with Senator HATCH and his staff on going to stop him. care for him a great deal. this legislation whom I will have more Finally, I would like to thank my There are others, of course, I would to say about in a minute. chief counsel, Chris Bates. Chris like to mention, but I will do that sep- The Senator from Utah has done a oversaw this bill from start to finish— arately at a later date. very good job of explaining what the from the very first stakeholder meet- I am grateful for music in my life. I bill does, but the truth is, copyright ings, where we talked about broad out- am grateful I have had this privilege of law is complicated. About the first 25 lines, to last week, when he sat next to writing songs, some of which have been me here on the floor while the Senate heralded and acclaimed. I am grateful times somebody explains to you the passed the bill by voice vote. For well for those who have had the patience to law governing songwriting, you will over a year now, he has dealt expertly work with me. I am grateful the Mor- not have a clue what they are talking with dozens of stakeholders and 100 mon Tabernacle Choir has sung a num- about. So let me tell a couple of stories Senate offices. He has had the judg- ber of my songs—and they don’t sing about songwriting that might help ment to know when to strike deals and junk, let me tell you. You have to real- make it clear. when to push forward. As the careful ly make the grade to have your song Right after World War II, two na- lawyer that he is, he has made sure, at sung by the Mormon Tabernacle Choir. tional songwriters, Pee Wee King and every step along the way, that the They have done a few of my songs, and Redd Stewart, were driving from Mem- bill’s text has been precise, accurate, I am grateful for that. phis to Nashville, back before the and tightly drafted. There are so many others I would interstates were created, and one said This bill has been as complicated an like to compliment at this time. Let to the other: Well, Missouri has a waltz endeavor as any bill I have done during me say this. I have taken enough time, and Kentucky has a waltz, why doesn’t my 42 years in the Senate, and Chris but I am very grateful for this privilege Tennessee have a waltz? So on that deserves immense credit for the way he of learning how to write music and drive—probably about a 5-hour drive has seen this bill through to enact- having written a number of songs that then—they took a matchbox, an old ment. are really popular today. I am grateful penny matchbox that held wooden Let me just say that this bill means for my friends in the Senate who have matches, threw the matches on the so much to me. It was a number of tolerated me. I am grateful for the po- floorboard, and on the back of it they years ago that a wonderful woman etry in my life, which I have written wrote the words to the ‘‘Tennessee songwriter named Janice Kapp Perry since I was a kid. I am just grateful to Waltz.’’ came to me and said: You write poetry. God for the many blessings I have had. I would like you to write some songs I am grateful to be a U.S. Senator. I Now, the ‘‘Tennessee Waltz’’ was al- with me. am very grateful for the privilege of as- ready a waltz. It was called the ‘‘No I thought that was a really nice offer. sociating with all of these wonderful Name Waltz.’’ People played it and So I sat down and wrote 10 songs that people and for those in the past who sang it in different places. It was just a weekend, all of which were put into re- have served with us as well. random song, but they added these few corded form, and we have written a lot I would like to say more, but I will words to it. Then, that night when he of songs ever since. yield the floor. got back, Pee Wee King wrote it on a Then, all of a sudden, I had people The PRESIDING OFFICER. The Sen- lead sheet. That is what you call a from all over the country come to me ator from Tennessee. blank page of music. He took it in to and say: I want to write some music Mr. ALEXANDER. Mr. President, Fred Rose the next day, who was his with you. I have had artists and song- building on Senator HATCH’s com- publisher. Fred Rose was the publisher writers and just good people come and ments, we are grateful for his service for Hank Williams, Roy Acuff—all really help me to learn this business to the U.S. Senate for more than four kinds of people. He made one change in and learn what to do. It has been one of decades and grateful he is a songwriter. the words. Where it said: ‘‘Oh, the Ten- the great joys of my life because I love Of course, he comes from a culture and nessee waltz, the Tennessee waltz,’’ he music. a faith that emphasizes music. changed the words to ‘‘I remember the When I was a kid, my mother had an As a little boy in the East Tennessee night and the Tennessee waltz.’’ old violin, and I learned to play that mountains, I remember every week lis- violin all the way through grade tening on the Zenith radio to the Mor- That song went nowhere for a while. school, high school, and even in col- mon Tabernacle Choir. I think every- It was performed around by Pee Wee lege. I also had piano lessons—6 body in Utah and in the Mormon faith King until Mercury Records decided months of them. I have been able to actually grows up learning to sing and they had a song, a different song, play most of the popular music on the to enjoy music. called ‘‘Boogie Woogie Santa Claus.’’ piano ever since. I am not an accom- ORRIN HATCH is not just a U.S. Sen- They wanted the hottest young female plished pianist like Senator ALEX- ator, he is a genuine songwriter. He has singer in America to sing it so they ANDER, but I certainly enjoy plinking a gold and a platinum record. I know flew Patti Page to New York in about on the keys. many national songwriters who have 1950. She sang ‘‘Boogie Woogie Santa Then, I had others on my staff who cowritten with him, and they admire Clause’’ on Mercury Records, but they really helped me to understand that him greatly. had nothing to put on the back of the music is a tremendously wonderful I can think of no more important record. So somebody suggested they thing for people. It is uplifting. It is in- tribute to him than the Hatch-Good- just throw on the back of the record spiring. It can be humorous. There are latte Music Modernization Act, which this ‘‘Tennessee Waltz.’’ so many things it can be. should pass the House this week and be Well, the ‘‘Tennessee Waltz’’ sold 5 I have also enjoyed writing the lyrics on its way to the President. Then it million copies. It became the most re- for well over 100 songs. I have one gold will be, as Senator HATCH said, the sin- corded song ever by a female artist. In and one platinum record and a number gle-most important piece of legislation many ways, it is the Magna Carta of of others that are on their way, and I in decades or in a generation that country music. just feel really good that I have had changes copyright law in a way that is the help of all of these people to be fair to songwriters. So the question is, How did that hap- able to do something that really brings Senator HATCH is correct. This has pen? What is the mystery that causes a me a great deal of joy. not been easy. It has taken several waltz that is just kicked around for a I thank Senator ALEXANDER. He has years. There are a great many different long time, has a few words placed on it been an inspiration to me. He is a won- people to it. The heavy lifts and the by a few songwriters driving from derful leader for his State and for unexpected developments were occur- Memphis to Nashville, to suddenly sell Nashville. They couldn’t have a better ring all the way down to about 30 min- 5 million copies? Well, none of us really leader in Senator ALEXANDER, plus his utes before it passed last Tuesday knows. It is just a magnificent form of being a wonderful person too. He has night. art.

VerDate Sep 11 2014 01:03 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.024 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6295 All over my State of Tennessee, there like that when he was Governor of his The older lady said: Well, we are just are thousands and thousands and thou- State. All I could think of that would falling apart together. sands of teachers, taxi drivers, wait- unite our big, long State, from Mem- So I told that story to Lee Brice and resses, people thinking of songs, get- phis to Bristol, was music, from Beale some songwriters who were at our ting together and writing songs, hoping Street in Memphis through Music City home for the weekend writing songs. to have the next No. 1 hit. in Nashville, to the home of country They said: We could do something I saw Bob DiPiero at the Bluebird music in Bristol, TN, where they with that, and they wrote a song, Cafe a week ago Saturday. brought a recording machine in 1927 ‘‘Falling Apart Together.’’ Lee Brice is I say to Senator HATCH, he was a gui- and called for the hillbillies to come a pretty well-known singer. He and tar teacher in RiverGate Mall, outside down out of the mountains. Among the Billy Montana and John Stone wrote of Nashville, in the early 1980s. At hillbillies who came and had their it. According to Nashville tradition, about 3, he would take a bus from music recorded were Jimmie Rodgers they gave me a fourth of the royalties downtown Nashville out to RiverGate and the Carter family. That was the be- because that is what they do. If you Mall, and he would teach guitar lessons ginning of what we call country music, make any contribution to the song, to all of these kids after school until 9. what you hear on the radio in Nash- you get a little piece of the action. Then, during the day, he would write ville. I thought: Well, this is good. I can ac- songs. He didn’t do well at all until one So as I was thinking about what tually do that as a U.S. Senator. That day he wrote a song with the lyrics: united Tennessee, I thought, well, is legal. The Ethics Committee will ap- ‘‘My baby is American made, born and music. I asked the legislature in our prove that. So in 2016, the royalty I re- bred in the U.S.A.’’ Well, everybody State in the 1980s—and they did it—to ceived for ‘‘Falling Apart Together,’’ knows that song now, and Bob DiPiero appropriate some moneys for endow- which was recorded by Lee Brice and is is a great songwriter. So I guess he ments for all of our community orches- on one of his albums, was $101.75. You makes a living off of songwriting, but tras. There are about two dozen of can’t make a living on that. lots of people don’t. them. If we give the Nashville Sym- What Senator HATCH and the Senate This bill is about songs that are phony or the Greenville Community has done, and the House is about to do played over the internet. The way Bob Orchestra some State dollars, if they and it will go on to the President, is to DiPiero or Redd Stewart or Pee Wee matched it, then they would have a lit- change the law. King’s descendants would get paid for tle endowment that would support that First, it will create an entity. Those their creative work is whenever the music. I went around the State and two songwriters who wrote the ‘‘Ten- song is played over the internet, this played the piano with all of those com- nessee Waltz’’ after World War II, let’s Hatch-Goodlatte legislation says: We munity orchestras and had a good time say their great-grandchildren now own have a way to make sure you get paid when people came out to see the Gov- all of the rights, and they are spread if you are the songwriter or you own ernor make a mistake or miss a chord all over the place. Let’s say Spotify the rights, and, No. 2, we have changed or that kind of thing. wants to play the ‘‘Tennessee Waltz.’’ the law to make it more likely that So music is terribly important to our Now all they have to do is to go down you will get a fair market value for State, as it is to Utah and as it is to to this new entity to get a license. what you get paid—those two things. our country. They have a right to do it, and nobody Ken Burns has a new film coming I have asked several of the song- can sue them. It is the entity’s job to out. I think Ken Burns is America’s writers and the people in the music in- go find all of these 100 descendants and greatest storyteller today. I mean, we dustry: Do you really think this will pay them the royalty. have other good ones, but today he is. make a difference? They, to a person, Then we changed the law to try to He has done more than 30 films. There say yes. make sure the royalties are a fair mar- is one about the Mayo Clinic that is Will it make it as good as it was? No, ket value. Now, in that case, if some out today. There is the Civil War, Na- it probably will not, but it will be fair, company owns that, it might be easier tional Parks, all of those films—Viet- and it will create an environment nam more recently. His new film is the to find them, but that is why every- where not just Bob DiPiero can get film he thinks may be the most pop- body came together to pass this bill. paid for ‘‘My baby is American made’’ Specifically, the legislation will help ular film of all he has produced, of the but where a lot more songwriters can 30, and it is about country music. It is make sure songwriters are paid when make a decent living because they get about the stories and the lives of the their songs are played by creating a paid and get paid a fair market value people whom country music is about. new simplified licensing entity. for their work. I think of Jessi Alexander, whom I This new licensing entity will make I will tell you another story I have just heard play a song at the Bluebird it easier for digital music companies to repeated on the floor about that. Un- Cafe. She had heard on the radio about obtain a license to play songs and en- fortunately, I don’t have a gold record, the father from Texas whose son was sure songwriters are paid when their and I don’t have a platinum record, but killed in Afghanistan, and they asked music is played. I can play the piano. I am as grateful him how he grieved, and he said: I drive This new entity helps songwriters be- for music as Senator HATCH is. When I his truck. She wrote a song, ‘‘I Drive cause it will collect royalties each was 4, my mother took me to the Your Truck,’’ about that father and his time a song is played, look for the Maryville College, and I began piano son who had been killed defending our songwriter, and hold on to their royal- lessons, which I continued until I was country. It won the song of the year, as ties for 3 years until they can be found. 16. it should have. This new entity also helps digital Senator MCCONNELL, the majority So these emotional stories about life music companies because it makes sure leader, who had a wonderful and saint- and death and whiskey and love and ro- songwriters get paid, which means ed mother who helped him recover mance and cheating and everything fewer lawsuits. from polio, once told me the one thing that goes into human nature, these are Second, the legislation will help he regrets about his mother is she al- the stories that make it into these make sure songwriters are paid a fair lowed him to stop taking piano lessons. songs. market value for their work by doing I said back to Senator MCCONNELL: I Sometimes—sometimes—they are three things. don’t ever remember ever having a like the ‘‘Tennessee Waltz.’’ You put The legislation revises outdated choice. I made a deal with my mother some words with a waltz that has been songwriter royalty standards to ensure that I would practice 30 minutes in the around for a while, and out comes 5 songwriters are paid a fair market rate morning, and I would get to do what I million records sold. for their work. The new royalty pay- wanted to in the afternoon, and I had a Sometimes it is more like this story. ments will be based on what a willing wonderful time with music. I was coming out of the drugstore in buyer and willing seller would agree to I say to the Senator from Utah, when Maryville, TN, and I ran into an old in a free market—not the statutory I was Governor, I was trying to think couple in a pickup truck. I walked by below-market standard of today. what could unite our State. The Pre- them, and I said: How are you all The legislation allows ASCAP and siding Officer probably had thoughts doing? BMI—the two largest performing rights

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He passed away last month at the about the fair market value of a song- agree on, and they have done that in an age of 71 after spending more than half writer’s works—like what the per- important way. of his life in the U.S. Army. former earns for their songs—to a Fed- I thank the Nashville Song Writers Rising from the son of a general to eral rate court judge when there is a Association International—Bart become himself a four-star general, dispute about royalty rates for song- Herbison especially, but a whole bunch John Abrams embodied the spirit of writers. of them, including the National Music selflessness and of sacrifice for which The legislation allows ASCAP and Publishers Association, ASCAP, BMI, our military is known. He spent his life BMI to have Federal judges in the the Recording Academy, Sound Ex- fighting to defend the freedoms that we Southern District of New York ran- change, Digital Media Association, all too often take for granted. He was domly assigned to hear their rate Song Writers of North America, Inter- wounded in battle, returned to duty, cases, rather than have all the pro- net Association, Recording Industry and then wounded again, but he refused ceedings occur before the same judge Association of America, and the Na- to let any injury deter him. He was a each time. This should lead to better tional Association of Broadcasters, soldier’s soldier from the very start, outcomes for songwriters. which came with a strongly support and those who knew him were made This change in the law made sense in recommendation in the end, which was better by being in his orbit. the internet world. Today, in the world a big, big help. He served in the Armed Forces for 36 we live in, more than half of the reve- Senator HATCH was correct. The most years, first enlisting in 1966 before be- nues in the music business are for valuable players in all of this most coming commissioned as an officer just songs played over the internet. The likely have been the staff members on 1 year later. He made it to four stars internet has changed music just like it both sides of the aisle and in both the hard way: by starting as a private— has changed everything else. This Houses who helped put the competing the lowest rank. changes the law to put us into the interests together—and there were Soon after he was commissioned, he internet age. It changes some laws that many—in a way that produced this bill. deployed to Vietnam, where he served have been around for centuries, since I would especially like to thank two consecutive tours and volunteered the days of the player piano. Lindsey Garcia, who is sitting here for a third before being sent home. Since there are others who will be with me, and Paul McKernan, who Then, he was off to a Korean province wanting to speak, I have had other worked on this for a long time, and just north of Seoul. After that, he went chances to talk about the bill. I have David Cleary and Allison Martin on my to Germany for five tours, serving in said most of what I wanted to say, ex- staff. Hungary, Bosnia, and Kuwait as well— cept for a couple of thank-yous. Chris Bates, Matt Jensen, and Matt all this in service to his country, all in First, ORRIN HATCH is exactly the Sandgren on Senator HATCH’s staff an effort to add to the greater good. right leader for this bill in the Senate have been terrific and essential. He made history, becoming just the for a variety of reasons. He is chairman I thank Rita Lari from the Senate second American ever to command the of one important committee and nearly Judiciary staff. We were joking the same unit as his father when he was ranking on another. Through his pres- other day. When we first talked to her promoted to lieutenant general and tige and his position in the Senate and about this, she said: Are you sure you tasked with commanding the V Corps through the respect we have for him, can pass a bill like this? Most people in Germany—yes, that V Corps, the he was able to ask Senators to step didn’t think it was possible to get all of same unit that stormed the shores near back and allow us to do this very com- the competing interests here to agree. Normandy and fought at Omaha Beach, plex piece of legislation in a situation Congressman DOUG COLLINS and his that liberated Paris and took on the where any one Senator could have staff have really been at the forefront German troops during the Battle of the blocked it—and many did for a while, of this, including Sally Rose Larson. Bulge. until they were persuaded not to. Republican floor staff Megan Mercer His own heroism in Vietnam did not I want to thank Chairman GRASSLEY was a big help. go unnoticed. He was decorated with a and Senator FEINSTEIN for moving it A special shout-out to Reema Dodin, Silver Star and a Purple Heart. But he through the Judiciary Committee ex- who works for Senator DURBIN and who would tell you that his greatest decora- peditiously. This could not have hap- was a consistent help but was espe- tion was that of being a father, a hus- pened if Senator MCCONNELL and Sen- cially helpful on last Tuesday after- band, and a leader of soldiers. ator SCHUMER had not created an envi- noon when we only had a little bit of He went on to lead the U.S. Army ronment in which we could do this. time and we needed to get some last- Training and Doctrine Command, over- Senator HATCH mentioned Senator minute changes cleared in the Demo- seeing the Army’s training in its en- WHITEHOUSE and Senator COONS, who cratic cloakroom as well as the Repub- tirety. He continued to rise in the were among the lead Democratic co- lican cloakroom. ranks alongside his own brothers, one sponsors. We had 82 cosponsors of this This would be a good exercise for a of whom just testified in front of the bill. We only have 100 Senators, and we chapter in a book on legislation some- Senate today and is set to be confirmed had 82 cosponsors of the bill. time. But it is going to be the Hatch- as the next commander of U.S. Forces I want to particularly thank Senator Goodlatte Music Modernization Act, Korea. DURBIN, who may be a Democrat from and the result is going to be that thou- Looking back, it is little wonder Illinois, but he loves to go to Nashville sands and thousands of songwriters in where General Abrams’ strength of and go to the Grand Ole Opry, and he this country for the first time in a long character came from. His father served jumped on early. He is the No. 2 Demo- time are, A, going to get paid for their as the Army Chief of Staff, com- crat, and he has been a big help. work, and, B, they are going to get manding all forces across Vietnam DOUG COLLINS, HAKEEM JEFFRIES, and paid more of a fair market value, as from 1968 through 1972. His mother DARRELL ISSA in the House of Rep- they should. founded the Army’s chapter of the Ar- resentatives were real leaders from the I am deeply grateful for the oppor- lington Ladies around that same time, beginning, and, of course, BOB GOOD- tunity to have worked on it, and I organizing volunteers to attend funer- LATTE and Ranking Member NADLER thank all of my colleagues for working als to make sure that no troop was were as well. so well with Senator HATCH and me to ever buried alone. He combined his fa- I think it is important to join Sen- get it done. ther’s courage with his mother’s com- ator HATCH in mentioning again those I yield the floor. passion, and in the process, he made music groups whom we sat down with The PRESIDING OFFICER. The Sen- this Nation a better, safer place for the more than 2 years ago and said: Look, ator from Illinois. rest of us—for his children and their we have been here for a long time, and REMEMBERING JOHN ABRAMS children and my children. we could continue to argue about what Ms. DUCKWORTH. Mr. President, I He couldn’t have done any of this you disagree on or we could try to pass am here today to honor the life of GEN without the loving support and service what you can agree on. And for the last John Abrams—a father, a husband, a of his family, his wife Cecelia and his 21⁄2 years, they have worked to com- friend, a soldier, and to so many, a two daughters. As the quintessential

VerDate Sep 11 2014 01:03 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.027 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6297 military family, they served alongside $150 to $200 for certain flights. They don’t want to ensure change and can- of him. To each of them, I express my also raised fees for a passenger’s first cellation fees are reasonable. That is gratitude and that of this grateful Na- checked bag from $25 to $30 and in- all that our provision does—ensure tion. creased the fees for a second checked that these fees are reasonable and pro- My thoughts are with all of General bag from $35 to $40. That is $140 to portional to the cost of the services Abrams’ loved ones today, along with check two bags for a round trip. Short- being provided by the airlines to the my deep gratitude. Thank you for shar- ly after, United Airlines, Delta Air- customer. That is it. It is as common- ing your father, your husband, your lines, and American Airlines followed sense and as straightforward as you brother with the rest of this country suit, raising their bag fees to match would want an airline passenger to re- that he served so valiantly for so long. JetBlue’s. ceive from their airline—fair and rea- God bless him and his legacy. God bless In college, I might have spent more sonable. the troops he cared so deeply about and time being interested in politics than No price is determined by this led so ably. God bless the United States economics, but I thought competition amendment—only that it has to be fair of America. was supposed to drive prices down and and reasonable and related to the cost I yield the floor. not up. So why are the airlines charg- that is, in fact, borne by the airlines in The PRESIDING OFFICER. The Sen- ing these fees? Well, the first answer is, order to provide that service. How on- ator from Massachusetts. because they can, but the real answer erous could that be on an airline? Why FAA REAUTHORIZATION is, because there is no competition can’t we get that passed through this Mr. MARKEY. Mr. President, I rise among domestic airlines. body so that consumers don’t get today to express my frustration—my In the past 10 years, we have gone tipped upside down at the counter as outrage—that this body is poised to from 10 major airlines down to just 4. they try to change a ticket or to cancel miss a historic, once-in-a-generation Only four airlines control 85 percent of a ticket? Why can’t we get that passed? opportunity to stop the major airlines traffic in the skies. The only thing If a child gets sick and a passenger from gouging Americans with exorbi- competitive about the current airline has to change or cancel a flight weeks tant fees every time they fly. industry is the fight for overhead com- in advance, does it really cost Delta In the dark of night early Saturday partment space. Americans have more Air Lines $200 to cancel that ticket? If morning, House and Senate committee choice in where to eat at the airport a meeting gets postponed so a ticket leadership released a Federal Aviation than which airline they can take. has to be canceled 2 weeks before de- Administration reauthorization bill We know that when choice goes parture, is it fair for United Airlines to that does not include a commonsense, down, fees go up. And these sky-high charge $200 for a ticket that costs bipartisan provision to protect pas- fees bear almost no resemblance to the about that same amount? Are those sengers from having to pay $200 to cost of the services being provided. The fees proportional when the airlines can change a ticket that costs $250—a pro- Government Accountability Office, still resell the vacated seat, even if the vision that would have protected a GAO, recently released a report con- passenger cancels weeks ahead of time? family from paying $200 to cancel a firming what countless passengers Think about that. The passenger flight because another family member across the country already know to be gives the airline 2 weeks’ notice. Then, had fallen seriously ill and a vacation true: Airlines are gouging captive pas- they have to pay a fine, $200. Then, the had to be canceled. sengers to line their pockets, not to Instead, after months of lobbying airline resells the ticket to another against my bipartisan FAIR Fees pro- cover the actual cost of the services passenger. What is the cost to the air- vision, the airlines won and airline pas- provided. line in that kind of situation? Or are Does it really cost $200 for American sengers lost. I would compare it to the they just exploiting the vulnerability Airlines to change a ticket? Does it Christians and the lions, but in this of the passenger who has to change it? really cost Delta Air Lines $40 to load story, the Christians even had to pay They have resold the ticket for the that second bag—$10 more than proc- extra to enter the amphitheater. same price or higher to another pas- What once were considered the basic essing the first bag? Airlines are in- senger. services of flying have now become op- creasing their fees in order to match The answer is no. Passengers have no tional and with a massive price tag— their competitors. They are actively choice. They have no alternative. checking a bag, carrying on a bag, fly- seeking to deceive passengers by offer- The market has failed, leaving these ing standby for an earlier flight, print- ing artificially low fares and then flyers vulnerable to fee gouging and ing a boarding pass, early boarding, charging exorbitant fees on the back corporate greed from the airlines. You seat selection, changing or canceling end. are at the counter, and they can say: your flight, even a blanket and pillow. Enough is enough. It is time we put a Go to another airline. Air travelers are being nickeled-and- stop to these abusive practices. That is And you say: Well, there are no other dimed, but the real cost is in the bil- why Republican Senator ROGER WICKER airlines at this airport that fly to my lions of dollars. That is because the of Mississippi and I joined together to destination. It is the only airline I can major airlines have turned fees into a get our provision ensuring change and rely upon. multibillion-dollar industry. Last year, cancellation fees are reasonable into Well, then, pay the cancellation fee, the airlines raked in $7.4 billion in fees. the Senate FAA reauthorization bill. pay the change fee because you are not More than $4.5 billion came from now When a liberal from New England and at a marketplace where you can then having to pay to check your bag, and a Republican from the Deep South can say: There is another airline I can go $2.9 billion was extra fees if you wanted agree on policy, we are on the right to right here at this airport that will to change your ticket or if you wanted side of history. Yet the airline industry take me to that destination nonstop. to cancel your ticket. That is billions had other plans. They stated their No. In fact, the only thing the airline in- of dollars. That is actually the equiva- 1 priority in the FAA reauthorization dustry was more committed to doing lent of 11 million flights from Wash- was defeating our FAIR Fees provision. than raising airline fees was defeating ington, DC, to Boston. That is the cost What is it about this provision that the consumer protection provision in that is now imposed upon consumers. they would stop at nothing to block it the FAA bill. We still have an oppor- Passengers think they are buying low- from becoming law? Why would the air- tunity to right this wrong. Tomorrow cost fares, but they are really just vic- line industries band together on this the House of Representatives will con- tims of airline greed in support of a one issue? They don’t compete truly sider the FAA reauthorization bill. On new multibillion-dollar profit center. against each other in the marketplace. behalf of the flying public—the mil- Even in the past few weeks, as we Here, they could all come together on lions of Americans who are subjected worked in Congress to include impor- one policy. It is because they don’t to ridiculous airline fees—I call on the tant consumer protection measures in want the Department of Transpor- House to add the FAIR Fees provision this final FAA legislation, the airlines tation to assess whether change and to the FAA reauthorization bill, and I continued to raise their fees. cancellation, baggage, and other fees call on my Senate colleagues to sup- Last month, JetBlue Airways raised are reasonable and proportional to the port it. It is time to stop nickel-and- its change and cancellation fees from costs of the services provided. They diming American families and ensure

VerDate Sep 11 2014 01:11 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.029 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6298 CONGRESSIONAL RECORD — SENATE September 25, 2018 that they are flying the fair and friend- his experience with the paper, Jim Fort Defiance during the Civil War. In ly skies. Otherwise, these billions of called it, ‘‘the best job a person could the 1960s, Civil Rights icon Representa- dollars, year after year, will come out ask for.’’ It is my privilege to con- tive JOHN LEWIS even spent a summer of the pockets of consumers who have gratulate him on his remarkable career there to help integrate a number of no choice. in journalism. businesses and public spaces. Senator WICKER and I worked to- Founded more than 120 years ago as However, in recent years, this south- gether to build it into the Senate bill. the Paducah Evening Sun, Jim’s news- ern city has faced a new challenge, as We should not have receded to the posi- paper has always been a family busi- uninhabitable living conditions have tion of the House. That was a mistake. ness. Before joining the paper, Jim force hundreds of public housing resi- This history is going to continue be- worked with other news organizations dents to relocate from their homes— cause the anger of the flying public is in Nashville and Lexington and went to and in many cases from their beloved only going to build as each and every law school. However, after a tragic community. Public housing in the city month and year goes by. The day is aviation accident that claimed the life suffered years of neglect at the hands going to come, I vow to you, where we of the Sun’s previous editor, Jack of local officials who are now accused are going to have this in a bill that Paxton, Jim left his legal career be- of misusing Federal funds to bankroll passes this Chamber and the House of hind and agreed to lead the local insti- lavish personal expenses, including Representatives. tution. multiple trips to Las Vegas and steak This is an issue whose time has come. Jim began at the Sun in 1986 and dinners. If it has been blocked, it is only tempo- soon after earned the title of editor. And how was life for residents? By rarily. We are going to return to this With his brothers David and Richard, the time residents were forced to relo- issue. Everyone in the Congress will be who later joined the company, the fam- cate, 185 families—including roughly made accountable to the flying public ily expanded their media offering to 200 children—were living in housing so that they are not given this offer better serve their community. The overrun with rodents, bedbugs, they can’t refuse every time they are story of Paducah is intertwined with roaches, crime, mold, asbestos, and at the counter: Pay or don’t fly. It is the region’s river system, and the Sun lead. I am talking about rats in the absolutely wrong. has the news that its readers need for couch, maggots in the freeze, and At this point, I yield back. their day. There is a great deal of local plumbing and heating that simply re- I suggest the absence of a quorum. news to cover. Paducah is the heart of fused to work. The PRESIDING OFFICER (Mr. our Nation’s inland waterways net- It was local officials who failed to TILLIS). The clerk will call the roll. work, and it is home to both the Na- provide its residents with safe and The bill clerk proceeded to call the tional Quilt Museum and the U.S. De- healthy housing; yet these families roll. partment of Energy’s Gaseous Diffu- were the ones whose lives were up- Mr. MCCONNELL. Mr. President, I sion Plant. Further, in 2013, the U.N. rooted as a result. Today, all 185 fami- ask unanimous consent that the order Educational, Scientific, and Cultural lies have relocated, and the vacant for the quorum call be rescinded. Organization, UNESCO, designated Pa- housing complexes are set to be demol- The PRESIDING OFFICER (Mr. ducah as the world’s seventh City of ished. While the strength and resilience JOHNSON). Without objection, it is so Crafts and Folk Art. The Paducah Sun, of these residents and their community ordered. under Jim’s leadership, has kept a in the face of this situation is inspir- ORDER OF PROCEDURE close eye on each of these aspects of ing, there is no question they deserved far more from their government. Mr. MCCONNELL. Mr. President, I the city’s life and heritage. It has been more than 2 years since ask unanimous consent that all In recent years, Jim has taken a the HUD Inspector General’s Office postcloture time on Executive Cal- leading role in crafting the Sun’s edi- began investigating alleged misuse of endar No. 941 be considered expired at torial page, a page of his paper I rarely Federal funds by local officials, and it 1:45 p.m. on Wednesday, September 26; miss. I have especially enjoyed each of is beyond time for that investigation that if confirmed, the motion to recon- my opportunities to meet with the pa- to be finalized and for the results to be sider be considered made and laid upon per’s editorial board to discuss the made public. the table; and that the President be issues most vital to Paducah’s future. By presenting a fair and even-handed Today I am calling—once again—for immediately notified of the Senate’s the HUD inspector general to do just action. opinion to his audience, Jim and the Sun’s staff have made themselves a that, but more remains to be done to The PRESIDING OFFICER. Without restore the faith and confidence of pub- objection, it is so ordered. central feature of the day for many western Kentuckians. lic housing residents in our govern- f When Jim leaves his post at the end ment. Transparent accountability LEGISLATIVE SESSION of this month, he does so after a career must be had at all levels of government filled with distinction and one he can where mismanagement played a role in be proud of. Whatever the future may creating this crisis. MORNING BUSINESS hold for Jim and his family, I send This is why, in May of last year, Sen- them my sincere best wishes. Families ator DUCKWORTH and I called for the Mr. MCCONNELL. Mr. President, I throughout Paducah and across the HUD inspector general to also look ask unanimous consent that the Sen- Commonwealth have benefited from into HUD’s oversight of Alexander ate proceed to legislative session for a Jim’s diligence and thoughtfulness, County Housing Authority. This July, period of morning business, with Sen- and I would like to express my pro- the IG released its report that found ators permitted to speak therein for up found gratitude to him. I ask my Sen- that despite having early knowledge of to 10 minutes each. ate colleagues to join me in congratu- bad conditions at Alexander County, The PRESIDING OFFICER. Without lating Jim Paxton, the gold standard HUD hesitated to intervene, while resi- objection, it is so ordered. for a professional newsman, on a suc- dents suffered. f cessful career and wishing him a happy This is unacceptable, and it cannot be repeated. HUD is responsible for en- TRIBUTE TO JIM PAXTON retirement. f suring public housing authorities meet Mr. MCCONNELL. Mr. President, at their responsibility to provide safe and the end of this month, my friend Jim CAIRO HOUSING CRISIS affordable housing, and it must be ca- Paxton will end his 32-year tenure with Mr. DURBIN. Mr. President, today I pable of performing this vital over- the Paducah Sun newspaper in western would like to bring attention to the sight. Senator DUCKWORTH and I have Kentucky. Through his service as the southernmost city in my State, Cairo, urged HUD to quickly implement the paper’s editor and publisher, Jim has IL. recommendations included in the re- shown a dedication to his community Sitting at the confluence of the Ohio port to more effectively oversee public and his organization, and he deserves and Mississippi Rivers, Cairo was once housing authorities, to which HUD has our sincere gratitude. Looking back at a booming port town and was home to agreed.

VerDate Sep 11 2014 01:11 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.030 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6299 I look forward to continuing to work Jack Salzman, owner of Lake Nor- on behalf of chiropractic doctors in with HUD to improve its oversight of man Chrysler-Dodge-Jeep-RAM in Connecticut. public housing authorities. We cannot Cornelius, NC, was named 2018 TIME Since its formation in 1918, CTChiro allow the local and Federal mis- Magazine Dealer of the Year, a na- has demonstrated tireless dedication to management that jeopardized living tional award that recognizes new-car the advancement of the chiropractic conditions in Cairo to be repeated in dealers who exhibit exceptional per- profession. The association seeks to any other community. formance in their dealerships and per- support these doctors and their prac- f form distinguished community service. tices throughout Connecticut in order The TIME Magazine Dealer of the to improve public health policies and TRIBUTE TO JUDY DESHARNAIS Year award is held in partnership with provide their patients with the best Ms. HEITKAMP. Mr. President, I Ally Financial and the National Auto- treatment possible. want to recognize a Federal employee I mobile Dealers Association, NADA. Endeavoring to raise awareness of have had the privilege of working with Representatives from TIME and Ally the profession and make chiropractic for the past 5 and a half years, Judy Financial presented the award at the care more accessible to the people of DesHarnais, deputy for programs and 2018 NADA Show in Las Vegas, NV. He Connecticut, CTChiro diligently mon- project management with the St. Paul dedicated his award to his wife, Robin itors healthcare legislation to ensure District of the U.S. Army Corps of En- Smith-Salzman. chiropractic services are a viable gineers. Quite simply put, she is one of Mr. Salzman was recognized for his health option for residents. To meet the finest and most dedicated public exceptional commitment to giving the need for such medical care servants I have had the opportunity to back to his community focusing his throughout the State, CTChiro strives work with in my time in the Senate. philanthropic time and attention in to improve patient awareness of chiro- Judy joined the district in 1985 as one three areas: animals in need, children practic services, while advocating for of the first female engineers. In 2001, in need, and women in need. greater insurance coverage. Continuously seeking to raise the she was promoted to be the district’s To this end, he is a contributor to the standard for doctors in the field and and the Corps’ first female deputy dis- Humane Society of Charlotte, NC, as the treatment they provide to their pa- trict engineer for programs and project well as a founding board member of tients, CTChiro also offers opportuni- management. Throughout her time Lake Norman Humane Society. He also ties for its member doctors to access with the St. Paul District, Judy has supports Lake Norman Lucky Cats, resources and continue with higher stood out as an individual who could which provides trap-neuter-return serv- tackle complex, sensitive water re- education. Thanks to the association’s ices, as well as Holly’z Hope, an organi- longstanding, consistent efforts, insti- source issues. With top leadership in zation that helps unchain dogs by the district changing every 3 years, tutions, representatives, agencies, and building fences for homeowners in Connecticut residents are able to see Judy has been the one steady hand that need. has remained constant, guiding the dis- the importance and availability of To assist women and children in chiropractic medicine. Additionally, trict through preparation and response need, Mr. Salzman is a longtime sup- to historic floods to helping commu- they can feel secure in the services of- porter of the Dove House Children’s fered to them as a result of CTChiro’s nities secure permanent flood protec- Advocacy Center in Statesville, NC, dedication to developing a more com- tion. Pat’s Place Child Advocacy Center in To community leaders in North Da- prehensive and knowledgeable set of Charlotte, NC, Amy’s House in doctors. kota, Judy is a trusted public servant Lincolnton, NC, and the Shelter of Gas- Since its establishment, CTChiro and an important partner. She has ton County in Gastonia, NC. Mr. routinely prioritizes the creation of been on the frontlines with us on so Salzman has stated, ‘‘We believe these thorough, economical, and beneficial many flood fights, helping to coordi- organizations serve a critical need in chiropractic care, supported by experi- nate emergency response measures to our community.’’ enced, well-rounded professional doc- protect families and businesses. She Other national groups Mr. Salzman tors. I applaud their numerous achieve- has also led efforts to help commu- contributes to include Make-A-Wish, ments and hope my colleagues will join nities get critical flood protection Big Brothers Big Sisters, Habitat for me in congratulating the Connecticut projects that have saved lives and pre- Humanity, Susan G. Komen, and the Chiropractic Association, Inc., on 100 vented more than a billion dollars in American Cancer Society. years of service and commitment to property damage. No matter what the Mr. Salzman is also an accomplished Connecticut chiropractic doctors and challenge, Judy has always been able swimmer in the 200-meter backstroke patients.∑ to meet or exceed it, and the positive and competed in the U.S. Olympic f impact of her work can be seen across trials for the summer games in Mos- the State in Grand Forks, Wahpeton, cow. TRIBUTE TO LENNIS ‘‘RED’’ Devils Lake, Minot, and so many other He was nominated for the TIME Mag- ARNDT communities. azine Dealer of the Year award by Rob- ∑ Ms. KLOBUCHAR. Mr. President, Judy’s contributions to the Corps of ert Glaser, president of the North Caro- today I wish to recognize Red Arndt for Engineers are numerous, but one that lina Automobile Dealers Association. his many years of service to the Lewis will always be recognized is her efforts On behalf of all the constituents of & Clark Regional Water System, as to make the agency truly responsive to North Carolina, please join me in con- well as his lifetime commitment to the needs of the communities it serves. gratulating Mr. Salzman on being bringing safe and reliable water to the After a distinguished career in public named the 2018 TIME Magazine Dealer rural corners of this country. service that has spanned more than 30 of the Year. I wish him and his family Born Lennis Arndt, but nicknamed years, I want to thank Judy for her continued success and a prosperous fu- ‘‘Red,’’ he started working in 1989 as service to the Corps of Engineers and ture. the public utilities director in Luverne, MN. Shortly after beginning his new the State of North Dakota. She will be f greatly missed, remembered for her position, Red heard about a proposal to professionalism, and honored for the ADDITIONAL STATEMENTS bring water from the Missouri River in positive change she brought to the South Dakota to the surrounding Corps, and I wish her all the best in her States. Although it was a major under- 100TH ANNIVERSARY OF THE CON- retirement. taking with more people doubting the NECTICUT CHIROPRACTIC ASSO- f idea than supporting it, Red saw the CIATION potential and recommended to the TRIBUTE TO JACK SALZMAN ∑ Mr. BLUMENTHAL. Mr. President, mayor and city council that Luverne Mr. TILLIS. Mr. President, today I today I wish to recognize the Con- join the project as one of the first would like to honor a constituent of necticut Chiropractic Association, Inc., members of the corporation that would mine who was recently awarded one of CTChiro, as it celebrates 100 years of later become the Lewis & Clark Re- the highest honors in his industry. extraordinary and exemplary advocacy gional Water System.

VerDate Sep 11 2014 02:10 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.031 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6300 CONGRESSIONAL RECORD — SENATE September 25, 2018 Seeing Lewis & Clark develop from His other passion was ensuring stu- Tolerance Exemption’’ (FRL No. 9983–22) re- conception to construction was a labor dents got a quality education. Bruce ceived during adjournment of the Senate in of love for Red and a mission he fought was instrumental in passing numerous the Office of the President of the Senate on September 21, 2018; to the Committee on Ag- hard to achieve. He has worked tire- levies to benefit students and teachers, riculture, Nutrition, and Forestry. lessly on behalf of the project, serving and in 2017, he was elected to serve as EC–6541. A communication from the Direc- as the vice chairman of the board be- a trustee for Billings SD2, where he tor of the Regulatory Management Division, ginning in 1994, until becoming the lent his insight and expertise to cre- Environmental Protection Agency, transmit- board chairman in 2006, a position he ating a better future for all students. ting, pursuant to law, the report of a rule en- still holds. Under Red’s leadership, I rise to remember this great man, titled ‘‘Maltodextrin-vinyl pyrrolidinone co- over $470 million in funding was di- who selflessly dedicated his life to his polymer; Exemption from the Requirement of a Tolerance’’ (FRL No. 9983–05) received rected to Lewis & Clark, and over 200 community. Montana is a better place during adjournment of the Senate in the Of- miles of pipeline have been laid in the because of Bruce.∑ fice of the President of the Senate on Sep- ground that currently deliver much- f tember 21, 2018; to the Committee on Agri- needed water to 14 member commu- culture, Nutrition, and Forestry. nities and rural water projects, reach- MESSAGE FROM THE HOUSE EC–6542. A communication from the Sec- retary of Defense, transmitting a report on ing over 300,000 people across South Da- ENROLLED BILL SIGNED kota, Minnesota, and Iowa. the approved retirement of Lieutenant Gen- At 2:16 p.m., a message from the eral Jack Weinstein, United States Air In May 2016, Luverne, MN, was fi- House of Representatives, delivered by Force, and his advancement to the grade of nally able to celebrate its connection Mr. Novotny, one of its reading clerks, lieutenant general on the retired list; to the to Lewis & Clark, with Red reveling in announced that the Speaker pro tem- Committee on Armed Services. EC–6543. A communication from the Sec- taking the first swig of water. It was at pore (Mr. DENHAM) has signed the fol- retary of Defense, transmitting a report on this ceremony that the meter building lowing enrolled bill: in Luverne was dedicated in Red’s the approved retirement of Vice Admiral H.R. 698. An act to require a land convey- John N. Christenson, United States Navy, honor. Red will be the first to acknowl- ance involving the Elkhorn Ranch and the and his advancement to the grade of vice ad- edge that this endeavor, benefiting White River National Forest in the State of miral on the retired list; to the Committee generations to come in the tristate Colorado, and for other purposes. on Armed Services. area, was a team effort. There is no The enrolled bill was subsequently EC–6544. A communication from the Sec- question Red’s vision for the future, as signed by the President pro tempore retary of Defense, transmitting a report on the approved retirement of Lieutenant Gen- well as his dedication and strong lead- (Mr. HATCH). ership have been a driving force eral Kenneth R. Dahl, United States Army, f and his advancement to the grade of lieuten- through the years. That is why he was ant general on the retired list; to the Com- a recipient in 2012 of the Lewis & Clark EXECUTIVE AND OTHER mittee on Armed Services. Trailblazer Award, which is the organi- COMMUNICATIONS EC–6545. A communication from the Acting zation’s highest honor. The following communications were Assistant Secretary of the Army (Manpower I am grateful for his commitment to and Reserve Affairs), transmitting, pursuant laid before the Senate, together with to law, a report on the mobilizations of se- public service, his hard work on behalf accompanying papers, reports, and doc- of Lewis & Clark, and, more impor- lected reserve units, received in the Office of uments, and were referred as indicated: the President of the Senate on September 18, tantly, I am proud to call him a friend. 2018; to the Committee on Armed Services. I commend Red Arndt for his many EC–6537. A communication from the Ad- ministrator of the Specialty Crops Program, EC–6546. A communication from the Presi- great contributions to Lewis & Clark, Agricultural Marketing Service, Department dent of the United States, transmitting, pur- the community of Luverne, and the en- of Agriculture, transmitting, pursuant to suant to law, a report on the continuation of tire State of Minnesota. law, the report of a rule entitled ‘‘Cran- the national emergency with respect to per- Thank you.∑ berries Grown in States of Massachusetts, et sons who commit, threaten to commit, or support terrorism that was established in f al.; Establishment of 2018–19 Seasonal Vol- ume Regulation’’ ((7 CFR Part 929) (Docket Executive Order 13224 on September 23, 2001; REMEMBERING BRUCE MACINTYRE No. AMS–SC–18–0012; SC18–929–2 FR)) re- to the Committee on Banking, Housing, and ceived during adjournment of the Senate in Urban Affairs. ∑ Mr. TESTER. Mr. President, today I EC–6547. A communication from the Acting the Office of the President of the Senate on wish to honor the memory of a great Director, Bureau of Consumer Financial Pro- September 20, 2018; to the Committee on Ag- Montanan who left his mark on count- tection, transmitting, pursuant to law, the riculture, Nutrition, and Forestry. less lives. report of a rule entitled ‘‘Summaries of EC–6538. A communication from the Direc- Rights under the Fair Credit Reporting Act Bruce MacIntyre devoted his life to tor of the Regulatory Management Division, the betterment of Billings, MT. Bruce’s (Regulation V)’’ (RIN3170–AA82) received in Environmental Protection Agency, transmit- the Office of the President of the Senate on service to his community started at his ting, pursuant to law, the report of a rule en- September 18, 2018; to the Committee on father’s car dealership. After returning titled ‘‘Beauveria bassiana strain PPRI 5339; Banking, Housing, and Urban Affairs. from the University of Notre Dame, Exemption from the Requirement of a Toler- EC–6548. A communication from the Chief Bruce took over the family business, ance’’ (FRL No. 9983–67) received in the Of- Counsel, Federal Emergency Management successfully running it with integrity fice of the President of the Senate on Sep- Agency, Department of Homeland Security, tember 18, 2018; to the Committee on Agri- transmitting, pursuant to law, the report of and passion. culture, Nutrition, and Forestry. It didn’t take long for Bruce to ex- a rule entitled ‘‘Suspension of Community EC–6539. A communication from the Direc- Eligibility’’ ((44 CFR Part 64) (Docket No. pand his horizons by serving in commu- tor of the Regulatory Management Division, FEMA–2018–0002)) received during adjourn- nity leadership positions. He eventu- Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- ally sold the dealership to devote his ting, pursuant to law, the report of a rule en- dent of the Senate on September 19, 2018; to time to others. Bruce quickly began titled ‘‘2-Propenoic acid, 2-methyl-, polymer the Committee on Banking, Housing, and consulting for businesses around Bil- with butyl 2-methyl-2-propenoate, butyl 2- Urban Affairs. lings, helping them evolve and grow, propenoate, N-(1,1-dimethyl-3-oxobutyl)-2- EC–6549. A communication from the Pro- propenamide, ethenylbenzene, 2-ethylhexyl creating jobs and opportunities along gram Specialist, Office of the Comptroller of 2-prepenoate and methyl 2-methyl-2- the Currency, Department of the Treasury, the way. prepenoate; Tolerance Exemption’’ (FRL No. transmitting, pursuant to law, the report of Bruce eventually joined the Billings 9983–23) received during adjournment of the a rule entitled ‘‘Liquidity Coverage Ratio Chamber of Commerce as director of Senate in the Office of the President of the Rule: Treatment of Certain Municipal Obli- government affairs, fostering relation- Senate on September 21, 2018; to the Com- gations as High-Quality Liquid Assets’’ ships between businesses and local offi- mittee on Agriculture, Nutrition, and For- (RIN1557–AE36) received during adjournment cials to expand the economy and estab- estry. of the Senate in the Office of the President lish lifelong connections. Bruce was EC–6540. A communication from the Direc- of the Senate on September 20, 2018; to the well-known in Billings and across the tor of the Regulatory Management Division, Committee on Banking, Housing, and Urban Environmental Protection Agency, transmit- Affairs. State as a humble, generous mentor ting, pursuant to law, the report of a rule en- EC–6550. A communication from the Assist- who always had time to give advice or titled ‘‘2-Propenpoic acid, polymer with ant Secretary for Export Administration, lend a hand or even simply to listen to butyl 2-propenoate, ethenylbenzene and (1- Bureau of Industry and Security, Depart- someone who needed it. methylethenyl) benzene, ammonium salt; ment of Commerce, transmitting, pursuant

VerDate Sep 11 2014 01:11 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25SE6.022 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6301 to law, the report of a rule entitled ‘‘Revi- ting, pursuant to law, the report of a rule en- President of the Senate on September 18, sions to the Requirements for Submissions of titled ‘‘Air Plan Approval; TN: Revisions to 2018; to the Committee on Environment and Exclusion Requests and Objections to Sub- New Source Review’’ (FRL No. 9984–10–Re- Public Works. mitted Requests for Steel and Aluminum’’ gion 4) received in the Office of the President EC–6567. A communication from the Direc- (RIN0694–AH55) received in the Office of the of the Senate on September 18, 2018; to the tor of the Regulatory Management Division, President of the Senate on September 18, Committee on Environment and Public Environmental Protection Agency, transmit- 2018; to the Committee on Banking, Housing, Works. ting, pursuant to law, the report of a rule en- and Urban Affairs. EC–6560. A communication from the Direc- titled ‘‘Approval and Promulgation of Air EC–6551. A communication from the Acting tor of the Regulatory Management Division, Quality Implementation Plans; West Vir- Deputy Chief, National Forest System, De- Environmental Protection Agency, transmit- ginia; Regional Haze Plan and Visibility Re- partment of Agriculture, transmitting, pur- ting, pursuant to law, the report of a rule en- quirements for the 2010 Sulfur Dioxide and suant to law, a report relative to the final titled ‘‘Air Quality State Implementation the 2012 Fine Particulate Matter Standards’’ map and perimeter boundary for the Black Plans; Approvals and Promulgations: Infra- (FRL No. 9984–30–Region 3) received in the Butte Wild and Scenic River, in California, structure Monitoring Requirements for the Office of the President of the Senate on Sep- added to the National Wild and Scenic Rivers 2008 Pb, 2010 SO2, 2010 NO2 and 2012 PM2.5 Na- tember 18, 2018; to the Committee on Envi- System; to the Committee on Energy and tional Ambient Air Quality Standards; ronment and Public Works. Natural Resources. Utah’’ (FRL No. 9983–73–Region 8) received in EC–6568. A communication from the Direc- EC–6552. A communication from the Prin- the Office of the President of the Senate on tor of the Regulatory Management Division, cipal Deputy Assistant Secretary for Water September 18, 2018; to the Committee on En- Environmental Protection Agency, transmit- and Science, National Park Service, Depart- vironment and Public Works. ting, pursuant to law, the report of a rule en- ment of the Interior, transmitting, pursuant EC–6561. A communication from the Direc- titled ‘‘Withdrawal of Direct Final Rule; Re- to law, the report of a rule entitled ‘‘Special tor of the Regulatory Management Division, moval of EPA Mentor Protege Program’’ Regulations, Areas of the National Park Sys- Environmental Protection Agency, transmit- (FRL No. 9984–39–OARM) received in the Of- tem, Pea Ridge National Military Park; Bi- ting, pursuant to law, the report of a rule en- fice of the President of the Senate on Sep- cycles’’ (RIN1024–AE41) received during ad- titled ‘‘Approval and Promulgation of Air tember 18, 2018; to the Committee on Envi- journment of the Senate in the Office of the Quality Implementation Plans; Wyoming; ronment and Public Works. President of the Senate on September 19, Incorporation by Reference Updates’’ (FRL EC–6569. A communication from the Direc- 2018; to the Committee on Energy and Nat- No. 9984–50–Region 8) received in the Office of tor of the Regulatory Management Division, ural Resources. the President of the Senate on September 18, Environmental Protection Agency, transmit- EC–6553. A communication from the Assist- 2018; to the Committee on Environment and ting, pursuant to law, the report of a rule en- ant Secretary of the Army (Civil Works), Public Works. titled ‘‘Air Plan Approval; AL, FL, GA, KY, transmitting, pursuant to law, a report rel- EC–6562. A communication from the Direc- MS, NC, SC, TN; Interstate Transport for the ative to the St. Lucie County, Florida Coast- tor of the Regulatory Management Division, 2012 PM2.5 NAAQS’’ (FRL No. 9984–36–Region al Storm Risk Management Project; to the Environmental Protection Agency, transmit- 4) received during adjournment of the Senate Committee on Environment and Public ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate Works. titled ‘‘Approval and Promulgation of Imple- on September 21, 2018; to the Committee on EC–6554. A communication from the Assist- mentation Plans; Arkansas; Interstate Environment and Public Works. ant Secretary of the Army (Civil Works), Transport Requirements for the 2012 PM2.5 EC–6570. A communication from the Direc- transmitting, pursuant to law, a report rel- NAAQS and Definition Update’’ (FRL No. tor of the Regulatory Management Division, ative to the Ala Wai Canal Flood Risk Man- 9984–35–Region 6) received in the Office of the Environmental Protection Agency, transmit- agement Study, Oahu, Hawaii; to the Com- President of the Senate on September 18, ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. 2018; to the Committee on Environment and titled ‘‘Air Plan Approval; New Hampshire; EC–6555. A communication from the Direc- Public Works. Updates to Enhanced Motor Vehicle Inspec- tor of the Regulatory Management Division, EC–6563. A communication from the Direc- tion and Maintenance Program Regulation’’ Environmental Protection Agency, transmit- tor of the Regulatory Management Division, (FRL No. 9983–99–Region 1) received during ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- adjournment of the Senate in the Office of titled ‘‘Air Plan Approval; Idaho; Interstate ting, pursuant to law, the report of a rule en- the President of the Senate on September 21, Transport Requirements for the 2012 PM2.5 titled ‘‘Approval of Missouri Air Quality Im- 2018; to the Committee on Environment and NAAQS’’ (FRL No. 9984–29–Region 10) re- plementation Plans; Redesignation of the Public Works. ceived in the Office of the President of the Missouri Portion of the St. Louis-St. EC–6571. A communication from the Direc- Senate on September 18, 2018; to the Com- Charles-Farmington, MO–IL 2008 Ozone Area tor of the Regulatory Management Division, mittee on Environment and Public Works. to Attainment’’ (FRL No. 9983–68–Region 7) Environmental Protection Agency, transmit- EC–6556. A communication from the Direc- received in the Office of the President of the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Senate on September 18, 2018; to the Com- titled ‘‘Air Plan Approval; Tennessee: Vola- Environmental Protection Agency, transmit- mittee on Environment and Public Works. tile Organic Compounds’’ (FRL No. 9984–50– ting, pursuant to law, the report of a rule en- EC–6564. A communication from the Direc- Region 4) received during adjournment of the titled ‘‘Air Plan Approval; Missouri; Re- tor of the Regulatory Management Division, Senate in the Office of the President of the gional Haze Plan and Prong 4 (Visibility) for Environmental Protection Agency, transmit- Senate on September 21, 2018; to the Com- the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Ozone NAAQS’’ (FRL No. 9984–22–Region 7) titled ‘‘National Oil and Hazardous Sub- EC–6572. A communication from the Direc- received in the Office of the President of the stances Pollution Contingency Plan; Na- tor of the Regulatory Management Division, Senate on September 18, 2018; to the Com- tional Priorities List: Deletion of the Dorney Environmental Protection Agency, transmit- mittee on Environment and Public Works. Road Landfill Superfund Site’’ (FRL No. ting, pursuant to law, the report of a rule en- EC–6557. A communication from the Direc- 9984–24–Region 3) received in the Office of the titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, President of the Senate on September 18, Quality Implementation Plans; West Vir- Environmental Protection Agency, transmit- 2018; to the Committee on Environment and ginia; Permits for Construction and Major ting, pursuant to law, the report of a rule en- Public Works. Modification of Major Stationary Sources titled ‘‘Air Plan Approval; North Carolina; EC–6565. A communication from the Direc- for the Prevention of Significant Deteriora- Inspection and Maintenance Program’’ (FRL tor of the Regulatory Management Division, tion of Air Quality’’ (FRL No. 9984–48–Region No. 9984–23–Region 4) received in the Office of Environmental Protection Agency, transmit- 3) received during adjournment of the Senate the President of the Senate on September 18, ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate 2018; to the Committee on Environment and titled ‘‘National Oil and Hazardous Sub- on September 21, 2018; to the Committee on Public Works. stances Pollution Contingency Plan; Na- Environment and Public Works. EC–6558. A communication from the Direc- tional Priorities List: Deletion of the Union EC–6573. A communication from the Direc- tor of the Regulatory Management Division, Chemical Co., Inc. Superfund Site’’ (FRL No. tor of the Regulatory Management Division, Environmental Protection Agency, transmit- 9983–87–Region 1) received in the Office of the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- President of the Senate on September 18, ting, pursuant to law, the report of a rule en- titled ‘‘Air Plan Approval; SC and TN; Re- 2018; to the Committee on Environment and titled ‘‘Approval of the Clean Air Act Sec- gional Haze Plans and Prong 4 (Visibility) Public Works. tion 112(l), Authority for Hazardous Air Pol- for the 2012 PM2.5, 2010 NO2, 2010 SO2, and EC–6566. A communication from the Direc- lutants: Asbestos Management and Control; 2008 Ozone NAAQS’’ (FRL No. 9984–20–Region tor of the Regulatory Management Division, Clerical Corrections to Incorporation by Ref- 4) received in the Office of the President of Environmental Protection Agency, transmit- erence of Inactive Waste Disposal Rules; the Senate on September 18, 2018; to the ting, pursuant to law, the report of a rule en- State of New Hampshire Department of En- Committee on Environment and Public titled ‘‘National Oil and Hazardous Sub- vironmental Services’’ (FRL No. 9979–67–Re- Works. stances Pollution Contingency Plan; Na- gion 1) received during adjournment of the EC–6559. A communication from the Direc- tional Priorities List: Deletion of the White- Senate in the Office of the President of the tor of the Regulatory Management Division, house Oil Pits Superfund Site’’ (FRL No. Senate on September 21, 2018; to the Com- Environmental Protection Agency, transmit- 9984–02–Region 4) received in the Office of the mittee on Environment and Public Works.

VerDate Sep 11 2014 01:11 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.003 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6302 CONGRESSIONAL RECORD — SENATE September 25, 2018 EC–6574. A communication from the Direc- EC–6582. A communication from the Chief EC–6591. A communication from the Alter- tor of the Regulatory Management Division, of the Trade and Commercial Regulations nate Federal Register Liaison Officer, Office Environmental Protection Agency, transmit- Branch, Bureau of Customs and Border Pro- of the Secretary, Department of Defense, ting, pursuant to law, the report of a rule en- tection, Department of Homeland Security, transmitting, pursuant to law, the report of titled ‘‘National Oil and Hazardous Sub- transmitting, pursuant to law, the report of a rule entitled ‘‘Defense Logistics Agency stances Pollution Contingency Plan; Na- a rule entitled ‘‘Extension of Import Restric- Freedom of Information Act Program’’ tional Priorities List: Deletion of the Davis tions Imposed on Archaeological Material (RIN0790–AJ71) received during adjournment Timber Company Superfund Site’’ (FRL No. from Cambodia’’ (RIN1515–AE40) received in of the Senate in the Office of the President 9984–45–Region 4) received during adjourn- the Office of the President of the Senate on of the Senate on September 20, 2018; to the ment of the Senate in the Office of the Presi- September 18, 2018; to the Committee on Fi- Committee on the Judiciary. dent of the Senate on September 21, 2018; to nance. EC–6592. A communication from the Sec- the Committee on Environment and Public EC–6583. A communication from the Assist- retary of Veterans Affairs, transmitting pro- Works. ant Secretary, Legislative Affairs, Depart- posed legislation; to the Committee on Vet- EC–6575. A communication from the Direc- ment of State, transmitting, pursuant to erans’ Affairs. tor of the Regulatory Management Division, section 36(c) of the Arms Export Control Act, Environmental Protection Agency, transmit- the certification of a proposed license for the EC–6593. A communication from the Attor- ting, pursuant to law, the report of a rule en- export of firearms abroad controlled under ney-Advisor, U.S. Coast Guard, Department titled ‘‘National Oil and Hazardous Sub- Category I of the U.S. Munitions List of 9mm of Homeland Security, transmitting, pursu- stances Pollution Contingency Plan; Na- semi-automatic pistols to the Philippines in ant to law, the report of a rule entitled tional Priorities List: Deletion of the Eureka the amount of $1,000,000 or more (Trans- ‘‘Safety Zone; Swim Around Charleston; Mills Superfund Site’’ (FRL No. 9984–46–Re- mittal No. DDTC 18–019); to the Committee Charleston, SC’’ ((RIN1625–AA00) (Docket No. gion 8) received during adjournment of the on Foreign Relations. USCG–2018–0598)) received in the Office of the Senate in the Office of the President of the EC–6584. A communication from the Assist- President of the Senate on September 18, Senate on September 21, 2018; to the Com- ant Secretary for Legislation, Department of 2018; to the Committee on Commerce, mittee on Environment and Public Works. Health and Human Services, transmitting, Science, and Transportation. EC–6576. A communication from the Direc- pursuant to law, a report entitled ‘‘Nurse EC–6594. A communication from the Attor- tor of the Regulatory Management Division, Corps Loan Repayment and Scholarship Pro- ney-Advisor, U.S. Coast Guard, Department Environmental Protection Agency, transmit- grams Report to Congress for Fiscal Year of Homeland Security, transmitting, pursu- ting, pursuant to law, the report of a rule en- 2017’’; to the Committee on Health, Edu- ant to law, the report of a rule entitled titled ‘‘National Oil and Hazardous Sub- cation, Labor, and Pensions. ‘‘Safety Zone; Boston Harbor’s Improvement stances Pollution Contingency Plan; Na- EC–6585. A communication from the Assist- Dredging Project, Boston, MA’’ ((RIN1625– tional Priorities List: Deletion of the Reasor ant Secretary for Legislation, Department of AA00) (Docket No. USCG–2018–0575)) received Chemical Company Superfund Site’’ (FRL Health and Human Services, transmitting, in the Office of the President of the Senate No. 9984–44–Region 4) received during ad- pursuant to law, a report entitled ‘‘National on September 18, 2018; to the Committee on journment of the Senate in the Office of the Health Service Corps Report to Congress for Commerce, Science, and Transportation. President of the Senate on September 21, the Year 2017’’; to the Committee on Health, EC–6595. A communication from the Attor- 2018; to the Committee on Environment and Education, Labor, and Pensions. ney-Advisor, U.S. Coast Guard, Department EC–6586. A communication from the Assist- Public Works. of Homeland Security, transmitting, pursu- ant General Counsel for Regulatory Affairs, EC–6577. A communication from the Direc- ant to law, the report of a rule entitled tor of the Regulatory Management Division, Pension Benefit Guaranty Corporation, ‘‘Safety Zone; Neches River, Beaumont, TX’’ Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of ((RIN1625–AA00) (Docket No. USCG–2018– ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Mergers and Transfers Be- 0376)) received in the Office of the President titled ‘‘Significant New Use Rules on Certain tween Multiemployer Plans’’ (RIN1212–AB31) of the Senate on September 18, 2018; to the Chemical Substances; Withdrawal’’ (FRL No. received during adjournment of the Senate Committee on Commerce, Science, and 9983–72) received during adjournment of the in the Office of the President of the Senate Transportation. Senate in the Office of the President of the on September 20, 2018; to the Committee on Senate on September 21, 2018; to the Com- Health, Education, Labor, and Pensions. EC–6596. A communication from the Attor- mittee on Environment and Public Works. EC–6587. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department EC–6578. A communication from the Assist- ant General Counsel for Regulatory Affairs, of Homeland Security, transmitting, pursu- ant Secretary for Legislation, Department of Pension Benefit Guaranty Corporation, ant to law, the report of a rule entitled Health and Human Services, transmitting, transmitting, pursuant to law, the report of ‘‘Safety Zone; Upper Mississippi River Mile pursuant to law, a report entitled ‘‘2017 Ac- a rule entitled ‘‘Allocation of Assets in Sin- Markers 824 to 832, St. Paul, MN’’ ((RIN1625– tuarial Report on the Financial Outlook for gle-Employer Plans; Benefits Payable in Ter- AA00) (Docket No. USCG–2018–0813)) received Medicaid’’; to the Committee on Finance. minated Single-Employer Plans; Interest As- in the Office of the President of the Senate EC–6579. A communication from the Chief sumptions for Valuing and Paying Benefits’’ on September 18, 2018; to the Committee on of the Publications and Regulations Branch, (29 CFR Parts 4022 and 4044) received during Commerce, Science, and Transportation. Internal Revenue Service, Department of the adjournment of the Senate in the Office of EC–6597. A communication from the Attor- Treasury, transmitting, pursuant to law, the the President of the Senate on September 20, ney-Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘REIT Foreign In- 2018; to the Committee on Health, Education, of Homeland Security, transmitting, pursu- come Inclusions’’ (Rev. Proc. 2018–48) re- Labor, and Pensions. ant to law, the report of a rule entitled ceived during adjournment of the Senate in EC–6588. A communication from the Dep- ‘‘Safety Zone; Fireworks Display, Indian the Office of the President of the Senate on uty Director of Regulations and Policy Man- River Bay, Long Neck, DE’’ ((RIN1625–AA00) September 19, 2018; to the Committee on Fi- agement Staff, Food and Drug Administra- (Docket No. USCG–2018–0737)) received in the nance. tion, Department of Health and Human Serv- Office of the President of the Senate on Sep- EC–6580. A communication from the Chief ices, transmitting, pursuant to law, the re- tember 18, 2018; to the Committee on Com- of the Publications and Regulations Branch, port of a rule entitled ‘‘Current Good Manu- merce, Science, and Transportation. Internal Revenue Service, Department of the facturing Practice, Hazard Analysis, and EC–6598. A communication from the Attor- Treasury, transmitting, pursuant to law, the Risk-Based Preventive Controls for Human ney-Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘Safe Harbor Expla- Food’’ ((21 CFR Part 110) (Docket No. FDA– of Homeland Security, transmitting, pursu- nations - Eligible Rollover Distributions’’ 2011–N–0920) received in the Office of the ant to law, the report of a rule entitled ‘‘Spe- (Notice 2018–74) received during adjournment President of the Senate on September 18, cial Local Regulation; Upper Mississippi of the Senate in the Office of the President 2018; to the Committee on Health, Education, River, St. Paul, MN’’ ((RIN1625–AA08) (Dock- of the Senate on September 19, 2018; to the Labor, and Pensions. Committee on Finance. EC–6589. A communication from the Assist- et No. USCG–2018–0821)) received in the Office EC–6581. A communication from the Regu- ant Secretary for Legislative Affairs, De- of the President of the Senate on September lations Coordinator, Centers for Medicare partment of Homeland Security, transmit- 18, 2018; to the Committee on Commerce, and Medicaid Services, Department of ting proposed legislation entitled ‘‘National Science, and Transportation. Health and Human Services, transmitting, Priorities Security Grant Program Act’’; to EC–6599. A communication from the Direc- pursuant to law, the report of a rule entitled the Committee on Homeland Security and tor of the Policy, training , and Pricing Divi- ‘‘Medicaid Program; Final FY 2016 and Pre- Governmental Affairs. sion, Office of Procurement, National Aero- liminary FY 2018 Disproportionate Share EC–6590. A communication from the Chief, nautics and Space Administration, transmit- Hospital Allotments, and Final FY 2016 and Administrative Law Division, Central Intel- ting, pursuant to law, the report of a rule en- Preliminary FY 2018 Institutions for Mental ligence Agency, transmitting, pursuant to titled ‘‘NASA Federal Acquisition Regula- Diseases Disproportionate Share Hospital law, a report relative to a vacancy in the po- tion Supplement: Removal of Reference to Limits’’ ((RIN0938–ZB48) (CMS–2414-N)) re- sition of Inspector General, Central Intel- the Shared Savings Policy and Associated ceived during adjournment of the Senate in ligence Agency, received during adjournment Clause’’ (RIN2700–AE44) received in the Of- the Office of the President of the Senate on of the Senate in the Office of the President fice of the President of the Senate on Sep- September 21, 2018; to the Committee on Fi- of the Senate on September 19, 2018; to the tember 18, 2018; to the Committee on Com- nance. Select Committee on Intelligence. merce, Science, and Transportation.

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.005 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6303 EC–6600. A communication from the Direc- Army nomination of Mac B. Carter, to be by the Senate and appeared in the Congres- tor of the Policy, Training, and Pricing Divi- Colonel. sional Record on August 27, 2018. sion, Office of Procurement, National Aero- Army nominations beginning with Michael Navy nominations beginning with Mark A. nautics and Space Administration, transmit- T. Anders and ending with D014641, which A. Abadilla and ending with John S. ting, pursuant to law, the report of a rule en- nominations were received by the Senate and Yohannan, which nominations were received titled ‘‘NASA Federal Acquisition Regula- appeared in the Congressional Record on by the Senate and appeared in the Congres- tion Supplement: Removal of Reference to June 20, 2018. sional Record on August 27, 2018. the Supplemental Rights in Data Special Army nominations beginning with Michael Navy nominations beginning with Adam C. Works Policy and Associated Clause’’ J. Adamski and ending with G010241, which Aliano and ending with Sharlena Y. Wil- (RIN2700–AE45) received in the Office of the nominations were received by the Senate and liams, which nominations were received by President of the Senate on September 18, appeared in the Congressional Record on the Senate and appeared in the Congres- 2018; to the Committee on Commerce, June 20, 2018. sional Record on August 27, 2018. Science, and Transportation. Army nominations beginning with Court- Navy nominations beginning with William EC–6601. A communication from the Direc- ney L. Abraham and ending with D014311, A. Agbo and ending with Gregory A. Wolfley, tor of the Policy, Training, and Pricing Divi- which nominations were received by the Sen- which nominations were received by the Sen- sion, Office of Procurement, National Aero- ate and appeared in the Congressional ate and appeared in the Congressional nautics and Space Administration, transmit- Record on June 20, 2018. Record on August 27, 2018. ting, pursuant to law, the report of a rule en- Army nomination of Timothy D. Vincent, Navy nominations beginning with Ben- titled ‘‘NASA Federal Acquisition Regula- to be Colonel. jamin P. Archer and ending with Michael K. tion Supplement: Removal of Definitions’’ Army nomination of Mark J. Stanalajczo, Yang, which nominations were received by (RIN2700–AE46) received in the Office of the to be Colonel. the Senate and appeared in the Congres- President of the Senate on September 18, Army nomination of Eric D. Barger, to be sional Record on August 27, 2018. Navy nominations beginning with Jacob A. 2018; to the Committee on Commerce, major. Adams and ending with Kenneth E. Zitnik, Science, and Transportation. Army nominations beginning with Joseph V. Dermenjian and ending with Michael J. which nominations were received by the Sen- f Trofinoff, which nominations were received ate and appeared in the Congressional EXECUTIVE REPORTS OF by the Senate and appeared in the Congres- Record on August 27, 2018. COMMITTEE sional Record on September 6, 2018. Navy nominations beginning with Albetro Army nomination of Christopher G. Alshabazz and ending with Brian M. Wood, The following executive reports of Hossfeld, to be Colonel. which nominations were received by the Sen- nominations were submitted: Army nomination of Dejuan E. Giblert, to ate and appeared in the Congressional By Mr. INHOFE for the Committee on be Lieutenant Colonel. Record on August 27, 2018. Navy nominations beginning with Nicholas Armed Services. Army nominations beginning with John H. *Casey Wardynski, of Alabama, to be an Barkemeyer and ending with D014328, which L. Alander and ending with Patrick D. Wil- Assistant Secretary of the Army. nominations were received by the Senate and liams, which nominations were received by *Veronica Daigle, of Virginia, to be an As- appeared in the Congressional Record on the Senate and appeared in the Congres- sistant Secretary of Defense. September 6, 2018. sional Record on August 27, 2018. Navy nominations beginning with Mark *Alex A. Beehler, of Maryland, to be an As- Army nomination of John T. Winkler, to Adjei and ending with Darian J. Wilder, sistant Secretary of the Army. be Colonel. which nominations were received by the Sen- *Robert H. McMahon, of Georgia, to be an Army nominations beginning with Pedro ate and appeared in the Congressional Assistant Secretary of Defense. O. Agapay III and ending with Mark A. *Alan Ray Shaffer, of Virginia, to be Dep- White, which nominations were received by Record on August 27, 2018. Navy nomination of Julio L. Mattos, Jr., uty Under Secretary of Defense for Acquisi- the Senate and appeared in the Congres- to be Lieutenant Commander. tion and Sustainment. sional Record on September 6, 2018. Navy nominations beginning with Darin M. Air Force nomination of Col. Jeffrey H. Army nomination of Jaime D. Bir- Andrews and ending with Ryan D. Zachar, Hurlbert, to be Brigadier General. mingham, to be lieutenant Colonel. which nominations were received by the Sen- Army nominations beginning with Jeff A. Navy nomination of Rear Adm. Michael J. ate and appeared in the Congressional Blackard and ending with Matthew J. Songe, Dumont, to be Vice Admiral. Record on September 6, 2018. Navy nomination of Capt. Robert D. Katz, which nominations were received by the Sen- Navy nominations beginning with Francis to be Rear Admiral (lower half). ate and appeared in the Congressional G. Coyle and ending with Christopher J. Air Force nomination of Maj. Gen. Michael Record on September 6, 2018. Wright, which nominations were received by T. Plehn, to be Lieutenant General. Army nominations beginning with Brian J. the Senate and appeared in the Congres- Navy nomination of Rear Adm. Timothy G. Burton and ending with Christopher S. sional Record on September 6, 2018. Szymanski, to be Vice Admiral. Wooten, which nominations were received by Navy nominations beginning with Richard Army nomination of Maj. Gen. James E. the Senate and appeared in the Congres- E. Arthur II and ending with Barry J. Rainey, to be Lieutenant General. sional Record on September 6, 2018. Wutzke, which nominations were received by Air Force nomination of Maj. Gen. Thomas Army nominations beginning with Hugo I. the Senate and appeared in the Congres- J. Sharpy, to be Lieutenant General. Ehuan and ending with Michael K. Flury, sional Record on September 6, 2018. Air Force nomination of Col. David P. Gar- which nominations were received by the Sen- Navy nominations beginning with Claudia field, to be Brigadier General. ate and appeared in the Congressional I. Alday and ending with Toshi L. Williams, Air Force nomination of Maj. Gen. Tim- Record on September 6, 2018. which nominations were received by the Sen- othy G. Fay, to be Lieutenant General. Army nomination of Kurt J. Cyr, to be ate and appeared in the Congressional Marine Corps nomination of Maj. Gen. Lieutenant Colonel. Record on September 6, 2018. George W. Smith, Jr., to be Lieutenant Gen- Army nomination of Brian D. McManus, to Navy nominations beginning with Kyle J. eral. be Colonel. Abner and ending with Thomas W. Zimmer- Mr. INHOFE. Mr. President, for the Army nomination of Edward J. Maloney, man, which nominations were received by Committee on Armed Services I report to be Major. the Senate and appeared in the Congres- Army nomination of Craig S. Gatzemeyer, favorably the following nomination sional Record on September 6, 2018. to be Colonel. Navy nominations beginning with Scott B. lists which were printed in the Army nomination of Michael A. Collins, to Aaron and ending with Shannon M. Zoch, RECORDS on the dates indicated, and be Major. which nominations were received by the Sen- ask unanimous consent, to save the ex- Army nomination of Robert J. Bernard, to ate and appeared in the Congressional pense of reprinting on the Executive be Lieutenant Colonel. Record on September 6, 2018. Calendar that these nominations lie at Army nominations beginning with Dexter Navy nominations beginning with Jessica the Secretary’s desk for the informa- M. Berry and ending with Agnita M. Wil- L. Alexander and ending with Seng F. Yee, tion of Senators. liams, which nominations were received by which nominations were received by the Sen- the Senate and appeared in the Congres- The PRESIDING OFFICER. Without ate and appeared in the Congressional sional Record on September 17, 2018. Record on September 6, 2018. objection, it is so ordered. Marine Corps nomination of Shawn A. Navy nominations beginning with Michael Air Force nomination of Ryan J. Garlow, Rickrode, to be Lieutenant Colonel. K. Beall and ending with William N. to be Lieutenant Colonel. Navy nominations beginning with James Zinicolalapin, which nominations were re- Air Force nomination of Thomas T. K. Short and ending with Nicholas A. ceived by the Senate and appeared in the Swaim, to be Colonel. Midzak, which nominations were received by Congressional Record on September 6, 2018. Air Force nominations beginning with the Senate and appeared in the Congres- Navy nominations beginning with Rachel Dann S. Carlson and ending with Jose I. Ruiz sional Record on July 31, 2018. M. Althouse and ending with Jason P. Quinones, which nominations were received Navy nominations beginning with Andrew Tabanan, which nominations were received by the Senate and appeared in the Congres- P. Bessette and ending with Stanley R. Wor- by the Senate and appeared in the Congres- sional Record on September 17, 2018. thington, which nominations were received sional Record on September 6, 2018.

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.007 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6304 CONGRESSIONAL RECORD — SENATE September 25, 2018 Navy nominations beginning with Sean A. S. 3493. A bill to amend title XVIII of the Areas and winegrowing regions; considered Brophy and ending with Jesus A. Uranga, Social Security Act to improve quality and agreed to. Jr., which nominations were received by the measurement and development; to the Com- By Mr. CRUZ (for himself, Mr. CORNYN, Senate and appeared in the Congressional mittee on Finance. Mr. CASSIDY, and Mr. KENNEDY): Record on September 6, 2018. By Mr. BOOKER (for himself, Mrs. S. Res. 650. A resolution recognizing the 1- Navy nominations beginning with Chris- GILLIBRAND, Ms. BALDWIN, Mr. year anniversary of Hurricane Harvey; con- topher M. Andrews and ending with Jacob W. CARDIN, Mr. BLUMENTHAL, and Ms. sidered and agreed to. Zercher, which nominations were received by HARRIS): By Mr. NELSON (for himself, Mr. the Senate and appeared in the Congres- S. 3494. A bill to amend titles XIX and XXI RUBIO, Mr. MENENDEZ, Mr. CASEY, sional Record on September 6, 2018. of the Social Security Act to improve Med- Ms. CORTEZ MASTO, Mrs. GILLIBRAND, Navy nominations beginning with Emily L. icaid and the Children’s Health Insurance Mr. WYDEN, Mr. DURBIN, Ms. WARREN, Adams and ending with Jacob C. Wille, Program for low-income mothers; to the Ms. HARRIS, Mr. SANDERS, Mr. SCHU- which nominations were received by the Sen- Committee on Finance. MER, Mr. PETERS, Mr. BOOKER, and ate and appeared in the Congressional By Mr. BARRASSO: Mr. BLUMENTHAL): Record on September 6, 2018. S. 3495. A bill to provide certainty with re- S. Res. 651. A resolution marking 1 year *Nomination was reported with rec- spect to the timing of Department of Energy since the landfall of Hurricane Maria in ommendation that it be confirmed sub- decisions to approve or deny applications to Puerto Rico and the United States Virgin Is- ject to the nominee’s commitment to export natural gas, and for other purposes; to lands; considered and agreed to. respond to requests to appear and tes- the Committee on Energy and Natural Re- By Mr. RUBIO (for himself and Mr. sources. tify before any duly constituted com- NELSON): By Mr. DAINES (for himself and Mr. S. Res. 652. A resolution remembering the mittee of the Senate. KING): 1-year anniversary of the landfall of Hurri- (Nominations without an asterisk S. 3496. A bill to direct the Secretary of cane Irma in Florida; considered and agreed were reported with the recommenda- Health and Human Services to conduct a to. tion that they be confirmed.) study and submit a report on the effects of By Mr. HATCH (for himself and Mr. f the inclusion of quality increases in the de- WHITEHOUSE): termination of blended benchmark amounts S. Con. Res. 48. A concurrent resolution di- INTRODUCTION OF BILLS AND under part C of the Medicare program; to the recting the Clerk of the House of Representa- JOINT RESOLUTIONS Committee on Finance. tives to make corrections in the enrollment The following bills and joint resolu- By Mr. DAINES (for himself and Mr. of H.R. 1551; considered and agreed to. KING): tions were introduced, read the first S. 3497. A bill to amend title XVIII of the f and second times by unanimous con- Social Security Act to eliminate a provision ADDITIONAL COSPONSORS sent, and referred as indicated: under the Medicare Advantage program that S. 281 By Mr. JOHNSON: inadvertently penalizes Medicare Advantage S. 3487. A bill to amend the Presidential plans for providing high quality care to At the request of Mr. LEE, the name Transition Act of 1963 to improve the orderly Medicare beneficiaries; to the Committee on of the Senator from Wisconsin (Ms. transfer of the executive power during Presi- Finance. BALDWIN) was added as a cosponsor of dential transitions; to the Committee on By Mr. SANDERS: S. 281, a bill to amend the Immigration Homeland Security and Governmental Af- S. 3498. A bill to designate Federal election and Nationality Act to eliminate the day as a public holiday; to the Committee on fairs. per-country numerical limitation for By Mr. HATCH (for himself and Mr. the Judiciary. LEAHY): By Ms. HARRIS: employment-based immigrants, to in- S. 3488. A bill to amend title 17, United S. 3499. A bill to provide grants for projects crease the per-country numerical limi- States Code, to secure the rights of visual to acquire land and water for parks and tation for family-sponsored immi- artists to copyright, to provide for resale other outdoor recreation purposes and to de- grants, and for other purposes. velop new or renovate existing outdoor royalties, and for other purposes; to the S. 322 Committee on the Judiciary. recreation facilities; to the Committee on By Mrs. ERNST: Energy and Natural Resources. At the request of Mr. PETERS, the S. 3489. A bill to amend title XVIII of the By Ms. WARREN: name of the Senator from Rhode Island Social Security Act to require Medicare Ad- S. 3500. A bill to authorize the Secretary of (Mr. REED) was added as a cosponsor of vantage plans offered under part C of the Health and Human Services to conduct pro- S. 322, a bill to protect victims of do- Medicare program and prescription drug grams to address the usage of illicit drugs, mestic violence, sexual assault, stalk- plans offered under part D of such program particularly fentanyl, and for other pur- ing, and dating violence from emo- to provide information relating to the safe poses; to the Committee on Health, Edu- tional and psychological trauma disposal of prescription drugs that are con- cation, Labor, and Pensions. caused by acts of violence or threats of trolled substances to certain individuals en- f rolled under such plans; to the Committee on violence against their pets. Finance. SUBMISSION OF CONCURRENT AND S. 352 By Mr. CASEY: SENATE RESOLUTIONS At the request of Mr. CORKER, the S. 3490. A bill to protect State and local The following concurrent resolutions names of the Senator from New York witnesses from tampering and retaliation, to empower law enforcement agencies to keep and Senate resolutions were read, and (Mr. SCHUMER) and the Senator from America safe from organized crime and gang- referred (or acted upon), as indicated: Indiana (Mr. DONNELLY) were added as related violence, to authorize grants for the By Ms. WARREN (for herself and Mr. cosponsors of S. 352, a bill to award a purchase of personal protective equipment MARKEY): Congressional Gold Medal to Master and detection devices for first responders as- S. Res. 646. A resolution recognizing the Sergeant Rodrick ‘‘Roddie’’ Edmonds sisting at the scene of an opioid overdose or Lawyers’ Committee for Civil Rights and in recognition of his heroic actions investigating opioid trafficking or distribu- Economic Justice on its 50th anniversary; to during World War II. tion, and for other purposes; to the Com- the Committee on the Judiciary. S. 384 mittee on the Judiciary. By Mr. LANKFORD (for himself and By Ms. BALDWIN (for herself, Mrs. Mr. COONS): At the request of Mr. BLUNT, the ERNST, Mr. HATCH, and Mr. MARKEY): S. Res. 647. A resolution calling for the name of the Senator from Nevada (Ms. S. 3491. A bill to require the Secretary of global repeal of blasphemy, heresy, and apos- CORTEZ MASTO) was added as a cospon- Transportation to carry out a pilot program tasy laws; to the Committee on Foreign Re- sor of S. 384, a bill to amend the Inter- to develop and provide to States and trans- lations. nal Revenue Code of 1986 to perma- portation planning organizations accessi- By Mr. COONS (for himself, Mr. CRAPO, nently extend the new markets tax bility data sets, and for other purposes; to Ms. KLOBUCHAR, Mr. BLUMENTHAL, the Committee on Commerce, Science, and Mr. MURPHY, Ms. WARREN, Mr. credit, and for other purposes. Transportation. HATCH, Ms. SMITH, Mr. KING, and Mr. S. 479 By Ms. DUCKWORTH (for herself, Mr. RISCH): At the request of Mr. BROWN, the YOUNG, and Mr. DURBIN): S. Res. 648. A resolution designating Sep- name of the Senator from Delaware S. 3492. A bill to improve the removal of tember 2018 as ‘‘Pulmonary Fibrosis Aware- (Mr. CARPER) was added as a cosponsor lead from drinking water in public housing; ness Month’’; considered and agreed to. to the Committee on Banking, Housing, and By Mr. BLUNT (for himself, Mr. of S. 479, a bill to amend title XVIII of Urban Affairs. MERKLEY, and Mr. WYDEN): the Social Security Act to waive coin- By Mr. WARNER (for himself, Mr. S. Res. 649. A resolution recognizing the surance under Medicare for colorectal GRASSLEY, and Mr. NELSON): contributions of American Viticultural cancer screening tests, regardless of

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.008 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6305 whether therapeutic intervention is re- and retention of school-based mental (Mr. YOUNG), the Senator from Mon- quired during the screening. health services providers by low-in- tana (Mr. TESTER), the Senator from S. 817 come local educational agencies. Colorado (Mr. GARDNER), the Senator At the request of Mr. CASEY, the S. 2971 from New Mexico (Mr. HEINRICH), the name of the Senator from Rhode Island At the request of Mr. BOOKER, the Senator from Hawaii (Mr. SCHATZ), the (Mr. WHITEHOUSE) was added as a co- name of the Senator from Illinois (Ms. Senator from Maryland (Mr. CARDIN) sponsor of S. 817, a bill to amend the DUCKWORTH) was added as a cosponsor and the Senator from Indiana (Mr. Internal Revenue Code of 1986 to in- of S. 2971, a bill to amend the Animal DONNELLY) were added as cosponsors of crease the age requirement with re- Welfare Act to prohibit animal fighting S. 3321, a bill to award Congressional spect to eligibility for qualified ABLE in the United States territories. Gold Medals to Katherine Johnson and programs. S. 3020 Dr. Christine Darden and to post- humously award Congressional Gold S. 928 At the request of Mr. MARKEY, the Medals to Dorothy Vaughan and Mary At the request of Mrs. MURRAY, the name of the Senator from Minnesota (Ms. KLOBUCHAR) was added as a co- Jackson in recognition of their con- name of the Senator from Minnesota tributions to the success of the Na- (Ms. KLOBUCHAR) was added as a co- sponsor of S. 3020, a bill to establish in the Bureau of Democracy, Human tional Aeronautics and Space Adminis- sponsor of S. 928, a bill to prohibit, as tration during the Space Race. an unfair or deceptive act or practice, Rights, and Labor of the Department of S. 3332 commercial sexual orientation conver- State a Special Envoy for the Human At the request of Mr. LANKFORD, the sion therapy, and for other purposes. Rights of LGBTI Peoples, and for other purposes. name of the Senator from Iowa (Mrs. S. 1301 RNST S. 3049 E ) was added as a cosponsor of S. At the request of Mr. NELSON, the 3332, a bill to amend the Internal Rev- name of the Senator from Oregon (Mr. At the request of Mr. WYDEN, the name of the Senator from Wisconsin enue Code of 1986 to repeal the inclu- MERKLEY) was added as a cosponsor of sion of certain fringe benefit expenses (Ms. BALDWIN) was added as a cospon- S. 1301, a bill to amend title XVIII of for which a deduction is disallowed in the Social Security Act to provide for sor of S. 3049, a bill to amend the Help America Vote Act of 2002 to require unrelated business taxable income. the distribution of additional residency S. 3337 positions, and for other purposes. paper ballots and risk-limiting audits in all Federal elections, and for other At the request of Ms. SMITH, the S. 2127 purposes. name of the Senator from Oregon (Mr. At the request of Ms. MURKOWSKI, the WYDEN) was added as a cosponsor of S. S. 3050 name of the Senator from California 3337, a bill to amend the Public Health At the request of Mr. PORTMAN, the (Mrs. FEINSTEIN) was added as a co- Service Act to revise and extend name of the Senator from Missouri sponsor of S. 2127, a bill to award a projects relating to children and to (Mrs. MCCASKILL) was added as a co- Congressional Gold Medal, collectively, provide access to school-based com- sponsor of S. 3050, a bill to improve ex- to the United States merchant mari- prehensive mental health programs. ecutive agency digital services, and for ners of World War II, in recognition of S. 3388 other purposes. their dedicated and vital service during At the request of Mr. TILLIS, the S. 3166 World War II. name of the Senator from Ohio (Mr. At the request of Mrs. ERNST, the S. 2553 PORTMAN) was added as a cosponsor of name of the Senator from Connecticut S. 3388, a bill to amend the Health In- At the request of Ms. STABENOW, the (Mr. BLUMENTHAL) was added as a co- names of the Senator from North Da- surance Portability and Accountability sponsor of S. 3166, a bill to award a Act. kota (Ms. HEITKAMP) and the Senator Congressional Gold Medal, collectively, S. 3435 from Nevada (Ms. CORTEZ MASTO) were to the United States Army Rangers added as cosponsors of S. 2553, a bill to At the request of Mr. SCHATZ, the Veterans of World War II in recogni- name of the Senator from Oregon (Mr. amend title XVIII of the Social Secu- tion of their extraordinary service dur- MERKLEY) was added as a cosponsor of rity Act to prohibit Medicare part D ing World War II. plans from restricting pharmacies from S. 3435, a bill to amend the Higher Edu- S. 3178 informing individuals regarding the cation Act of 1965 to direct the Sec- At the request of Ms. HARRIS, the prices for certain drugs and biologicals. retary of Education to issue guidance names of the Senator from Florida (Mr. and recommendations for institutions S. 2568 RUBIO) and the Senator from North of higher education on removing crimi- At the request of Mr. BROWN, the Carolina (Mr. TILLIS) were added as co- nal and juvenile justice questions from name of the Senator from Arkansas sponsors of S. 3178, a bill to amend title their application for admissions proc- (Mr. BOOZMAN) was added as a cospon- 18, United States Code, to specify ess. sor of S. 2568, a bill to amend section lynching as a deprivation of civil S. 3437 5000A of the Internal Revenue Code of rights, and for other purposes. At the request of Mr. PETERS, the 1986 to provide an additional religious S. 3257 name of the Senator from New Hamp- exemption from the individual health At the request of Mr. CRUZ, the shire (Ms. HASSAN) was added as a co- coverage mandate, and for other pur- names of the Senator from Ohio (Mr. sponsor of S. 3437, a bill to establish a poses. PORTMAN) and the Senator from Vir- Federal rotational cyber workforce S. 2821 ginia (Mr. KAINE) were added as co- program for the Federal cyber work- At the request of Ms. SMITH, the sponsors of S. 3257, a bill to impose force. name of the Senator from Connecticut sanctions on foreign persons respon- S. 3455 (Mr. BLUMENTHAL) was added as a co- sible for serious violations of inter- At the request of Mr. RUBIO, the sponsor of S. 2821, a bill to amend title national law regarding the protection names of the Senator from Kansas (Mr. 38, United States Code, to provide for of civilians during armed conflict, and MORAN) and the Senator from Alabama the treatment of veterans who partici- for other purposes. (Mr. JONES) were added as cosponsors pated in the cleanup of Enewetak Atoll S. 3270 of S. 3455, a bill to require the Sec- as radiation exposed veterans for pur- At the request of Mr. INHOFE, the retary of Commerce to ensure that poses of the presumption of service- name of the Senator from Nebraska ZTE Corporation complies with all pro- connection of certain disabilities by (Mrs. FISCHER) was added as a cospon- bationary conditions set forth in the the Secretary of Veterans Affairs, and sor of S. 3270, a bill to address the need settlement agreement entered into be- for other purposes. for pilot development and encourage tween ZTE Corporation and the Bureau S. 2934 more individuals to enter the field of of Industry and Security of the Depart- At the request of Mr. NELSON, the aviation, and for other purposes. ment of Commerce. name of the Senator from Oregon (Mr. S. 3321 S. 3467 WYDEN) was added as a cosponsor of S. At the request of Mr. COONS, the At the request of Mr. JONES, the 2934, a bill to increase the recruitment names of the Senator from Indiana name of the Senator from Oregon (Mr.

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.011 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6306 CONGRESSIONAL RECORD — SENATE September 25, 2018 MERKLEY) was added as a cosponsor of (Mrs. MURRAY) and the Senator from third of Medicare enrollees nationwide, S. 3467, a bill to permanently reauthor- Michigan (Mr. PETERS) were added as receive their Medicare coverage ize mandatory funding programs for cosponsors of S. Res. 632, a resolution through Medicare Advantage plans. historically Black colleges and univer- designating September 2018 as ‘‘Na- I’m pleased that our legislation en- sities and other minority-serving insti- tional Workforce Development joys strong support from diverse stake- tutions. Month’’. holders, and I will continue to cham- S. 3476 At the request of Mr. HATCH, the pion this issue on behalf of seniors and At the request of Mr. CORKER, the names of the Senator from Georgia people with disabilities in Montana names of the Senator from Maryland (Mr. ISAKSON), the Senator from West who rely on Medicare Advantage for (Mr. CARDIN), the Senator from Florida Virginia (Mrs. CAPITO), the Senator their Medicare coverage. (Mr. RUBIO), the Senator from Georgia from Idaho (Mr. CRAPO), the Senator f from Wyoming (Mr. BARRASSO), the (Mr. ISAKSON), the Senator from Indi- SUBMITTED RESOLUTIONS ana (Mr. YOUNG), the Senator from New Senator from South Dakota (Mr. Mexico (Mr. UDALL) and the Senator ROUNDS) and the Senator from Indiana (Mr. YOUNG) were added as cosponsors from New Jersey (Mr. BOOKER) were SENATE RESOLUTION 646—RECOG- of S. Res. 632, supra. added as cosponsors of S. 3476, a bill to NIZING THE LAWYERS’ COM- S. RES. 633 extend certain authorities relating to MITTEE FOR CIVIL RIGHTS AND At the request of Mrs. MCCASKILL, United States efforts to combat HIV/ ECONOMIC JUSTICE ON ITS 50TH the names of the Senator from West AIDS, tuberculosis, and malaria glob- ANNIVERSARY ally, and for other purposes. Virginia (Mr. MANCHIN), the Senator ILLIBRAND Ms. WARREN (for herself and Mr. S. RES. 61 from New York (Mrs. G ), the Senator from Oregon (Mr. WYDEN), the MARKEY) submitted the following reso- At the request of Mr. PERDUE, his Senator from California (Mrs. FEIN- lution; which was referred to the Com- name was added as a cosponsor of S. STEIN) and the Senator from Ohio (Mr. mittee on the Judiciary: Res. 61, a resolution calling on the De- BROWN) were added as cosponsors of S. S. RES. 646 partment of Defense, other elements of Res. 633, a resolution expressing the Whereas the Senate recognizes the invalu- the Federal Government, and foreign sense of the Senate that Congress able contributions to the advancement of governments to intensify efforts to in- should take all appropriate measures civil rights made by the Lawyers’ Com- vestigate, recover, and identify all to ensure that the United States Postal mittee for Civil Rights and Economic Jus- missing and unaccounted-for personnel Service remains an independent estab- tice on the occasion of its 50th anniversary; of the United States. Whereas the Boston, Massachusetts-based lishment of the Federal Government S. RES. 168 Lawyers’ Committee for Civil Rights and and is not subject to privatization. Economic Justice was the first of 8 affiliated At the request of Mr. CARDIN, the f local committees of the national Lawyers’ name of the Senator from Michigan Committee for Civil Rights Under Law (re- (Mr. PETERS) was added as a cosponsor STATEMENTS ON INTRODUCED ferred to in this resolution as the ‘‘Lawyers’ of S. Res. 168, a resolution supporting BILLS AND JOINT RESOLUTIONS Committee’’) and was followed by local af- respect for human rights and encour- By Mr. DAINES (for himself and filiates in the cities of Chicago, Illinois, Den- aging inclusive governance in Ethiopia. Mr. KING): ver Colorado, Jackson, Mississippi, Los An- geles, California, Philadelphia, Pennsyl- S. RES. 481 S. 3497. A bill to amend title XVIII of the Social Security Act to eliminate a vania, San Francisco, California, and Wash- At the request of Mr. HATCH, the ington, District of Columbia; name of the Senator from South Da- provision under the Medicare Advan- Whereas the Lawyers’ Committee was kota (Mr. ROUNDS) was added as a co- tage program that inadvertently penal- founded in 1963 at the request of President sponsor of S. Res. 481, a resolution call- izes Medicare Advantage plans for pro- John F. Kennedy to enlist the leadership and ing upon the leadership of the Govern- viding high quality care to Medicare resources of private bars in combating racial ment of the Democratic People’s Re- beneficiaries; to the Committee on Fi- discrimination and the resulting inequality public of Korea to dismantle its labor nance. of opportunity; camp system, and for other purposes. Mr. DAINES. Mr. President, the Whereas Senator Robert F. Kennedy, as- sassinated 50 years ago as of June 2018, was S. RES. 527 Medicare Advantage Quality Payment Relief Act will protect and enhance also critical and central to the launch of the At the request of Mr. PERDUE, the Lawyers’ Committee; name of the Senator from Mississippi Medicare benefits by reversing a dam- Whereas the Lawyers’ Committee and its aging policy created by the Affordable (Mr. WICKER) was added as a cosponsor local affiliates organize pro bono services of S. Res. 527, a resolution congratu- Care Act, or Obamacare. from private law firms to fight for numerous Obamacare attempted to provide bet- lating the people of Georgia on the causes, including voting rights, criminal jus- ter benefits for seniors and people with tice, economic justice, environmental jus- 100th anniversary of its declaration of disabilities who are enrolled in the tice, educational opportunities, fair housing independence as a democratic republic highest rated Medicare Advantage and community development, and other civil and reaffirming the strength of the re- plans. But Obamacare also inadvert- rights matters; lationship between the United States Whereas the Lawyers’ Committee and its ently limited these bonus payments and Georgia. local affiliates form the largest pro bono from ever reaching beneficiaries by civil rights network in the world, working S. RES. 631 putting a cap on the payments, or with over 150 national, regional, statewide, At the request of Ms. KLOBUCHAR, the benchmarks, that these Medicare plans and local grassroots organizations and over name of the Senator from Massachu- receive. Now, 17,000 Montanans, and 150 law firms; setts (Ms. WARREN) was added as a co- millions of Americans across the coun- Whereas over the past 5 decades, the Law- sponsor of S. Res. 631, a resolution rec- try—are being denied the full scope of yers’ Committee and its local affiliates have ognizing the 50th anniversary of the In- the Medicare benefits that they should been on the front lines of the struggle for dian Civil Rights Act and voting rights equal justice in the United States and be receiving. around the world, with notable contributions for American Indian and Alaska Native I’m glad to join with Senator Angus communities across the country. including— King of Maine to introduce legislation (1) advancing the cause of the civil rights S. RES. 632 that reverses this ill-advised policy. movement by pursuing cases involving vot- At the request of Mrs. FEINSTEIN, the Our bill protects Medicare benefits by ing rights, racial segregation, education, names of the Senator from Connecticut removing the damaging limitation on economic justice, fair housing, criminal jus- (Mr. BLUMENTHAL), the Senator from payments to Medicare Advantage plans tice, hate crimes, and more; Washington (Ms. CANTWELL), the Sen- with a 4–star rating or higher. This leg- (2) contributing to the enactment of the Voting Rights Act of 1965 (52 U.S.C. 10301 et ator from Indiana (Mr. DONNELLY), the islation is crucial to ensuring that seq.) and the authorization of its subsequent Senator from Illinois (Ms. DUCKWORTH), these top-rated Medicare Advantage extensions; the Senator from Illinois (Mr. DURBIN), plans are offered throughout Montana (3) leading Election Protection, the Na- the Senator from California (Ms. HAR- and our country. Nearly 20% of Medi- tion’s oldest and largest nonpartisan voter RIS), the Senator from Washington care beneficiaries in Montana, and one- protection program to ensure greater access

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.013 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6307 to the ballot box for all people of the United Whereas the United Nations Human Rights Whereas, as of February 2015, USCIRF is States; Committee stated in General Comment 34 aware of 18 individuals on death row for blas- (4) contributing to the enactment and en- that ‘‘[p]rohibitions of displays of lack of re- phemy in Pakistan and 20 serving life sen- forcement of the Fair Housing Act (42 U.S.C. spect for a religion or other belief system, tences; 3601 et seq.); including blasphemy laws, are incompatible Whereas Asia Bibi was sentenced to death (5) working to combat the scourge of hate with the [ICCPR]’’; for blasphemy in 2010, and the Lahore High crimes and racially motivated violence im- Whereas the United States Commission on Court upheld the conviction in late 2014, and pacting communities; International Religious Freedom (USCIRF) her case is on appeal to the Supreme Court (6) joining the movement to end apartheid has found that blasphemy charges are often of Pakistan; in the Republic of South Africa by fighting based on false accusations, are used for sec- Whereas blasphemy laws in Pakistan have against human rights abuses and rep- tarian or political purposes, and foster reli- fostered a climate of impunity, as those who resenting political dissidents in the courts gious intolerance, discrimination, and vio- falsify evidence go unpunished and allega- for more than 30 years and through the open lence; tions often result in violent mob attacks or elections in 1994; Whereas the Pew Research Center has assassinations, with little to no police re- (7) working to develop and enact the Civil found that 44 countries had blasphemy laws sponse; Rights Act of 1991 (Public Law 102–166; 105 as of 2012; Whereas, in 2017, the Christian Governor of Stat. 1071), which advanced the rights of Whereas these laws were present in 14 Mid- Jakarta, Indonesia, was convicted for blas- workers in employment discrimination dle East and North African countries, 11 phemy of Islam and sentenced to two years in jail; claims; and countries in the Americas, 9 Asia-Pacific Whereas the application of blasphemy laws (8) joining relief efforts during the humani- countries, 7 European countries, and 3 Sub- is on the rise in Europe; tarian crisis caused by Hurricane Katrina in Saharan African countries; Whereas blasphemy laws in the United 2005 by helping survivors navigate legal mat- Whereas the Pew Research Center also States were invalidated by the adoption of ters, including government disaster assist- found that countries with laws against blas- the First Amendment to the Constitution, ance and insurance claims; and phemy, apostasy, or defamation of religion which protects the freedoms of thought, con- Whereas the Lawyers’ Committee for Civil were more likely to have severe govern- science, expression, and religious exercise; Rights Under Law, in collaboration with its mental restrictions on religion, and to expe- and 8 local affiliates across the country, con- rience social hostilities based on religion, Whereas the United States has become a tinues to spearhead the struggle against ha- than countries that did not have such laws; beacon of religious freedom and tolerance tred and oppression and pursue equal justice Whereas an international group of experts around the world: Now, therefore, be it for all through the rule of law, particularly convened by the Office of the United Nations Resolved, That the Senate— disenfranchised communities that are dis- High Commissioner for Human Rights rec- (1) recognizes that blasphemy, heresy, and proportionately comprised of the economi- ommended in 2012 that ‘‘[s]tates that have apostasy laws inappropriately position gov- cally disadvantaged and people of color: blasphemy laws should repeal the[m] as such ernments as arbiters of religious truth and Now, therefore, be it laws have a stifling impact on the enjoyment empower officials to impose religious dogma Resolved, That the Senate— of freedom of religion or belief and healthy on individuals or minorities through the (1) commemorates the 50th anniversary of dialogue and debate about religion’’; power of the government or through violence the founding of the Boston, Massachusetts- Whereas blasphemy laws are inconsistent sanctioned by the government; based Lawyers’ Committee for Civil Rights with United Nations resolutions adopted by (2) calls on the President and the Secretary and Economic Justice; and consensus since 2011 recognizing that reli- of State to make the repeal of blasphemy, (2) expresses gratitude to the Lawyers’ gious intolerance is best fought through heresy, and apostasy laws a priority in the Committee for Civil Rights Under Law and positive measures, such as education, out- bilateral relationships of the United States all of its 8 local affiliates for their work to reach, and counter-speech, and that crim- with all countries that have such laws, advance civil rights and their dedication to inalization of speech is warranted only for through direct interventions in bilateral and the pursuit of equal justice under the law. the prevention of imminent violence; multilateral fora; Whereas, according to the annual religious f (3) encourages the President and the Sec- freedom report published by the Department retary of State to oppose— SENATE RESOLUTION 647—CALL- of State in 2015, attackers in Bangladesh (A) any efforts, by the United Nations or ING FOR THE GLOBAL REPEAL killed five allegedly anti-Islamic or by other international or multilateral fora, OF BLASPHEMY, HERESY, AND secularist writers and publishers, and injured to create an international anti-blasphemy three others; norm, such as the ‘‘defamation of religions’’ APOSTASY LAWS Whereas, in response to these killings, the resolutions introduced in the United Nations Mr. LANKFORD (for himself and Mr. Home Minister of Bangladesh, rather than between 1999 and 2010; and COONS) submitted the following resolu- condemning the murders, called on bloggers (B) any attempts to expand the inter- tion; which was referred to the Com- and others to refrain from writings that national norm on incitement to include blas- mittee on Foreign Relations: could hurt the religious feelings of others phemy or defamation of religions; and added that violators of the warning (4) supports efforts by the United Nations S. RES. 647 would be subject to prosecution under the re- to combat intolerance, discrimination, or vi- Whereas Article 18 of the International strictive religious freedom laws of Ban- olence against persons based on religion or Declaration of Human Rights states that gladesh; belief without restricting expression, includ- ‘‘[e]veryone has the right to freedom of Whereas a 2016 report by USCIRF on Ban- ing United Nations Human Rights Council thought, conscience and religion; this right gladesh found that religious and civil society Resolution 16/18 (2011) and the Istanbul Proc- includes freedom to change his religion or groups fear that increasing religious extre- ess meetings pursuant to such resolution, belief, and freedom, either alone or in com- mism will result in more criminal attacks that are consistent with the First Amend- munity with others and in public or private, and threats; ment to the Constitution; to manifest his religion or belief in teaching, Whereas restrictive religious freedom laws (5) calls on the President and the Secretary practice, worship and observance’’; validate and promote social violence tar- of State to designate countries that enforce Whereas many countries continue to have geted at religious minorities and dissenters, blasphemy, heresy, or apostasy laws as criminal blasphemy laws and punish people whether Christian, Muslim, secularist, or ‘‘countries of particular concern for religious who engage in expression deemed by the gov- other; freedom’’ under section 402(b)(1)(A)(ii) of the ernment to be blasphemous, heretical, apos- Whereas USCIRF has found that in Paki- International Religious Freedom Act of 1998 tate, defamatory of religion, or insulting to stan, blasphemy laws have been used to pros- (22 U.S.C. 6442(b)(1)(A)(ii)) for engaging in or religion or to religious symbols, figures, or ecute and persecute Muslims, Christians, tolerating severe violations of religious free- feelings, and such punishment can include secularists, and others; dom, as a result of the abuses flowing from fines, imprisonment, and capital punishment Whereas, according to a Pew Center report the enforcement of such laws and from including by beheading; on religion and public life, Pakistan stands unpunished vigilante violence often gen- Whereas blasphemy laws have affected out for having one of the highest levels of re- erated by blasphemy allegations; Christians, Muslims, Hindus, Baha’i, strictions on religion when both government (6) urges the governments of countries that secularists, and many other groups, and are restrictions and social hostilities are taken enforce blasphemy, heresy, or apostasy laws inconsistent with international human into account; to amend or repeal such laws, as they pro- rights standards because they establish and Whereas USCIRF has found egregious ex- vide pretext and impunity for vigilante vio- promote official religious orthodoxy and amples of the enforcement of blasphemy lence against religious minorities; and dogma over individual liberty, and often re- laws and vigilante violence connected to (7) urges the governments of countries that sult in violations of the freedoms of religion, blasphemy allegations in Pakistan, where have prosecuted, imprisoned, and persecuted thought, and expression that are protected blasphemy charges are common and numer- people on charges of blasphemy, heresy, or under international instruments, including ous individuals are in prison, with a high apostasy to release such people uncondition- Articles 18 and 19 of the International Cov- percentage sentenced to death or to life in ally and, once released, to ensure their safe- enant on Civil and Political Rights (ICCPR); prison; ty and that of their families.

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.018 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6308 CONGRESSIONAL RECORD — SENATE September 25, 2018 SENATE RESOLUTION 648—DESIG- S. RES. 649 Whereas at least 85 percent of a wine must NATING SEPTEMBER 2018 AS Whereas wineries and vintners in the be derived from grapes grown within the ‘‘PULMONARY FIBROSIS AWARE- United States contribute to the economic boundaries of an AVA in order to use the NESS MONTH’’ and cultural life of the United States; AVA name on the label for that wine; Whereas the economic contributions of Whereas an AVA designation— Mr. COONS (for himself, Mr. CRAPO, wineries and vintners in the United States (1) allows vintners to describe more accu- Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mr. are significant and expansive, and are attrib- rately the origin of the wine; (2) helps vintners build and enhance the MURPHY, Ms. WARREN, Mr. HATCH, Ms. utable to the activities of growers, suppliers, reputation and value of the wine produced; SMITH, Mr. KING, and Mr. RISCH) sub- researchers, marketers, wholesalers, dis- (3) allows consumers to attribute a given mitted the following resolution; which tributors, retailers, and others; quality, reputation, or other characteristic was considered and agreed to: Whereas the wine industry in the United to a wine made from grapes grown in an States is estimated to have directly and indi- S. RES. 648 AVA; and rectly generated more than $219,000,000,000 (4) helps consumers identify wines to pur- Whereas pulmonary fibrosis is a debili- for the economy of the United States in 2017; chase; tating and ultimately fatal lung condition Whereas there are more than 10,000 Whereas an appellation of origin, such as that causes progressive scarring in the lungs wineries operating in all 50 States; an AVA designation, can assist wine pro- and has no definitive cause; Whereas many of those wineries are small ducers in the United States in establishing Whereas as many as 200,000 individuals in businesses and family owned; distinctive names of places in the United the United States are known to suffer from Whereas the wine industry directly em- States in global markets and create valuable pulmonary fibrosis, the majority of whom ploys nearly 1,000,000 people in the United export opportunities; are aged 50 and older; States and supports nearly 300,000 jobs in in- Whereas wine exports generated more than Whereas the average life expectancy from dustries that supply goods and services to $1,600,000,000 for producers in the United the diagnosis of the idiopathic form of pul- winegrowers and wineries; States in 2017, which is a 4-fold increase over monary fibrosis is just 2.8 years, and as Whereas the wages earned by people di- the past 20 years; many as 80 percent of idiopathic pulmonary rectly employed by wineries and the wine in- Whereas the protection of an AVA term, or fibrosis patients die within 5 years of diag- dustry totaled more than $33,000,000,000 in other appellation of origin, in a foreign coun- nosis; 2017; try helps vintners effectively promote prod- Whereas pulmonary fibrosis takes the lives Whereas wineries and wine regions drive ucts and increases awareness of the region of of 40,000 or more individuals in the United economic activity through the production, origin; States each year—approximately 1 indi- distribution, and sale of wine, and attract Whereas the wine industry of the United vidual every 13 minutes; substantial tourism-related interest and States is growing and accounts for 10 percent Whereas many patients afflicted with pul- spending; of global wine production; monary fibrosis are misdiagnosed for 1 year Whereas wine regions in the United States Whereas wine-growing regions and wine or longer after the patients are presenting host more than 43,000,000 tourists and gen- growers in the United States— with pulmonary fibrosis symptoms; erate nearly $18,000,000,000 in tourism ex- (1) contribute to the economic prosperity Whereas, as of July 2018, there are no con- penditures each year; of the United States; and firmed biomarkers for screening and testing Whereas wine tourism supported 375,000 (2) enhance the cultural prestige of the for pulmonary fibrosis; jobs that paid more than $10,000,000,000 in United States by developing and sharing Whereas a cure, treatment, or drug to halt wages in 2017; wines that are recognized throughout the the fibrotic process in pulmonary fibrosis Whereas an American Viticultural Area world; does not yet exist; (referred to in this preamble as an ‘‘AVA’’) is Whereas consumers in the United States Whereas the symptoms of pulmonary fibro- a designated wine-growing region in the have benefitted from the rich diversity and sis vary from person to person and include United States that has distinguishing fea- extraordinary quality of wines and wine- shortness of breath, a dry cough, fatigue, tures that affect viticulture, including cli- growing regions in the United States; and weight loss, and aching muscles and joints; mate, geology, soil, physical features, and Whereas responsibly enjoying wine often Whereas volunteers, researchers, care- elevation; serves to enhance the richness of life and givers, and medical professionals are work- Whereas 2018 marks the 40th anniversary of brings family and friends closer together: ing to improve the quality of life for individ- the publication of the Decision of the De- Now, therefore, be it uals with pulmonary fibrosis and for the partment of the Treasury to establish the Resolved, That the Senate— families of those individuals; and AVA designation system; (1) recognizes the significant contributions Whereas developing more effective treat- Whereas the first AVA was approved on made by wines and distinctive wine-growing ments for pulmonary fibrosis and providing June 20, 1980, in Augusta, Missouri; regions in the United States to the economic access to quality care to individuals with Whereas the State of Missouri— and cultural life of the United States; pulmonary fibrosis requires increased re- (1) has a history of wine production that (2) recognizes the value created in domes- search, education, and community support dates back to the first half of the 19th cen- tic and foreign markets by promoting wines services: Now, therefore, be it tury; and from distinctive wine-growing regions in the Resolved, That the Senate— (2) is part of 5 AVAs, including the Her- United States, including wines protected by (1) designates September 2018 as ‘‘Pul- mann, Loess Hills District, Ozark Highlands, an American Viticultural Area designation monary Fibrosis Awareness Month’’; and Ozark Mountain areas; or other appellation of origin; and (2) supports the goals and ideals of Pul- Whereas the first AVA in the State of Or- (3) supports efforts to promote awareness monary Fibrosis Awareness Month; egon was approved on December 1, 1983, as of and appreciation for distinctive wine- (3) continues to support more robust and the Willamette Valley AVA; growing regions in the United States both in accelerated research to develop more effec- Whereas the State of Oregon— the United States and abroad. tive treatments for pulmonary fibrosis and (1) has a history of growing wine grapes f to ultimately find a cure for the disease; that dates back to 1847; and (4) recognizes the courage and contribu- (2) is part of the following 18 AVAs: the Ap- SENATE RESOLUTION 650—RECOG- tions of individuals with pulmonary fibrosis plegate Valley, Chehalem Mountains, Colum- NIZING THE 1-YEAR ANNIVER- who participate in vital clinical trials to ad- bia Gorge, Columbia Valley, Dundee Hills, SARY OF HURRICANE HARVEY vance the knowledge of the disease; and Elkton Oregon, Eola-Amity Hills, Mr. CRUZ (for himself, Mr. CORNYN, (5) commends the dedication of organiza- McMinnville, Red Hill Douglas County, Rib- tions, volunteers, researchers, and millions Mr. CASSIDY, and Mr. KENNEDY) sub- bon Ridge, the Rocks District of Milton- mitted the following resolution; which of individuals in the United States and Freewater, Rogue Valley, Snake River Val- abroad working to improve the quality of life ley, Southern Oregon, Umpqua Valley, Walla was considered and agreed to: for individuals with pulmonary fibrosis and Walla Valley, Willamette Valley, and S. RES. 650 the families of those individuals. Yamhill-Carlton District areas; Whereas, on August 25, 2017, Hurricane f Whereas, as of August 15, 2018, there are 242 Harvey reached the shores of the United AVAs in the United States, which are lo- States and wreaked havoc on the States of SENATE RESOLUTION 649—RECOG- cated in the following 33 States: Arizona, Ar- Texas and Louisiana; NIZING THE CONTRIBUTIONS OF kansas, California, Colorado, Connecticut, Whereas, because of Hurricane Harvey, the AMERICAN VITICULTURAL Georgia, Idaho, Illinois, Indiana, Iowa, Ken- President issued a major disaster declaration AREAS AND WINEGROWING RE- tucky, Louisiana, Missouri, Maryland, Mas- with respect to Texas on August 25, 2017, and GIONS sachusetts, Michigan, Minnesota, Mis- with respect to Louisiana on August 28, 2017; sissippi, New Jersey, New Mexico, New York, Whereas Hurricane Harvey was directly re- Mr. BLUNT (for himself, Mr. North Carolina, Ohio, Oklahoma, Oregon, sponsible for the deaths of not less than 68 MERKLEY, and Mr. WYDEN) submitted Pennsylvania, Rhode Island, Tennessee, individuals in Texas; the following resolution; which was Texas, Virginia, Washington, West Virginia, Whereas, according to the National Oce- considered and agreed to: and Wisconsin; anic and Atmospheric Administration, the

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.020 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6309 estimate of the damage caused by Hurricane (5) reaffirms the commitment of the Sen- the United States Virgin Islands as they con- Harvey is $125,000,000,000; ate to stand by the people of Texas and Lou- tinue to rebuild and recover from the devas- Whereas, according to the National Hurri- isiana and to provide necessary resources as tation of Hurricane Maria. cane Center, during Hurricane Harvey— the people of Texas and Louisiana rebuild f (1) Texas experienced as much as 60.58 their communities. inches of rain; f SENATE RESOLUTION 652—REMEM- (2) Louisiana experienced as much as 23.71 BERING THE 1-YEAR ANNIVER- inches of rain; SENATE RESOLUTION 651—MARK- SARY OF THE LANDFALL OF (3) more than 300,000 structures and as ING 1 YEAR SINCE THE LAND- HURRICANE IRMA IN FLORIDA many as 500,000 cars flooded in southeastern FALL OF HURRICANE MARIA IN Texas alone; Mr. RUBIO (for himself and Mr. NEL- (4) an estimated 336,000 customers lost PUERTO RICO AND THE UNITED STATES VIRGIN ISLANDS SON) submitted the following resolu- power during Hurricane Harvey in Texas and tion; which was considered and agreed Louisiana; and Mr. NELSON (for himself, Mr. RUBIO, (5) an estimated 40,000 flood survivors were to: Mr. MENENDEZ, Mr. CASEY, Ms. CORTEZ evacuated to, or took refuge in, shelters S. RES. 652 MASTO, Mrs. GILLIBRAND, Mr. WYDEN, across Texas or Louisiana; Whereas, on September 10, 2017, Hurricane Mr. DURBIN, Ms. WARREN, Ms. HARRIS, Whereas, according to the Federal Emer- Irma reached the shores of Florida and gency Management Agency, as a result of Mr. SANDERS, Mr. SCHUMER, Mr. caused significant devastation across the Hurricane Harvey— PETERS, Mr. BOOKER, and Mr. State; (1) 41,5000 square miles of land mass in BLUMENTHAL) submitted the following Whereas, due to Hurricane Irma, the Presi- Texas were impacted; resolution; which was considered and dent issued a major disaster declaration with (2) more than 100,000 search and rescue agreed to: respect to Florida on September 10, 2017; missions were conducted across Texas by Federal, State, and local partners; S. RES. 651 Whereas Hurricane Irma contributed to the (3) 12,000,000 cubic yards of storm debris Whereas, on September 20, 2017, Hurricane confirmed deaths of 84 individuals in Florida; were removed in Texas; Maria passed through the United States Vir- Whereas, as a result of Hurricane Irma— (4) more than 200,000 single-family homes gin Islands as a category 5 hurricane and (1) nearly 13,000,000 people in Florida were were flooded across the State of Texas, many made landfall in Puerto Rico as a category 4 left without electrical power; of which were not in high-risk areas; hurricane, causing significant devastation (2) an estimated 90 percent of the homes in (5) 294 shelters were opened in Texas, hold- across those islands; the Florida Keys were damaged or destroyed; (3) the citrus industry of Florida suffered ing up to 42,399 survivors; and Whereas the people of Puerto Rico and the significant crop and income losses, with (6) approximately 82 volunteer organiza- United States Virgin Islands have shown an tions with a total of 91,391 volunteers oper- some growers experiencing crop losses of 90 incredible and resilient spirit in rebuilding ated in Texas to provide assistance in re- percent or more; after their record losses; sponse to the storm; (4) the maritime culture of Florida has Whereas Hurricane Maria contributed to Whereas the Gulf Coast of Texas suffered been severely impacted, including— an estimated 2,975 deaths in Puerto Rico; sweeping economic losses due to closures of (A) the disruption of commercial fishing, Whereas the National Oceanic and Atmos- businesses and ports and interruptions in oil trapping, and aquaculture; pheric Administration estimates that Hurri- and gas production, trade, and tourism (B) the loss of recreational fishing oppor- cane Maria caused an estimated caused by Hurricane Harvey; tunities for residents and tourists; $90,000,000,000 in damage to Puerto Rico and Whereas thousands of businesses were dam- (C) widespread marine debris limiting the United States Virgin Islands, making aged due to Hurricane Harvey, which caused safe navigation in waterways and channels; Hurricane Maria the third-costliest hurri- some businesses to close for a period of time and cane in United States history; and other businesses to close indefinitely; (D) reports of more than 850 displaced or Whereas, as a result of Hurricane Maria— Whereas Hurricane Harvey caused an esti- sunken vessels; and (1) 3,300,000 residents of Puerto Rico were (5) the total estimated insurance losses in mated $200,000,000 in crop and cattle loss in left without electrical power; Florida have exceeded $10,000,000,000; Texas; (2) 95 percent of cellular sites were Whereas Hurricane Harvey resulted in the knocked out; Whereas, according to the National Oce- closure of countless schools due to flooding, (3) 80 percent of water service was inoper- anic and Atmospheric Administration, the power outages, and dangerous conditions; able; and estimate of the damage caused by Hurricane Whereas school closures caused by Hurri- (4) thousands of Puerto Ricans were dis- Irma is $50,000,000,000; cane Harvey disrupted the academic school placed from their homes and relocated to the Whereas the Federal Emergency Manage- year for thousands of students and forced mainland United States; ment Agency has paid out more than teachers to relocate classrooms to less favor- Whereas significant challenges remain in $950,000,000 in flood insurance claims as a re- able learning environments; recovery and rebuilding efforts in Puerto sult of Hurricane Irma; and Whereas doctors, nurses, and other medical Rico 1 year after Hurricane Maria hit; Whereas significant challenges still exist personnel worked expeditiously to provide Whereas Congress appropriated billions of in Florida to recover, rebuild, and prepare care and ensure that patients were safe dollars with the specific purpose of directly for future storms: Now, therefore, be it under extreme circumstances; helping the citizens of Puerto Rico to rebuild Resolved, That the Senate— Whereas volunteer organizations and char- their lives in the aftermath of the hurricane; (1) recognizes the 1-year anniversary of the ities continue to assist survivors of Hurri- Whereas the electrical grid on the island of landfall of Hurricane Irma in Florida; cane Harvey with food, water, and shelter; Puerto Rico remains unreliable and suscep- (2) honors victims who lost their lives due Whereas thousands of volunteers and Fed- tible to intermittent brownouts and black- to Hurricane Irma; eral, State, and local government employees outs; and (3) commends the resiliency of those still from across the United States continue to Whereas many Puerto Ricans continue to rebuilding their lives after Hurricane Irma; assist with long-term recovery needs and ef- be displaced without access to permanent (4) commits to ensuring that survivors of forts; and housing both on the island of Puerto Rico Hurricane Irma have adequate resources to Whereas significant challenges remain in and on the mainland: Now, therefore, be it continue the recovery process; Texas and Louisiana as those States work to Resolved, That the Senate— (5) extols the work of Federal, State, and recover, rebuild, and prepare for potential fu- (1) recognizes that September 20, 2018, local partners, first responders, and citizens ture disasters: Now, therefore, be it marks 1 year since the landfall of Hurricane who contributed to saving countless lives in Resolved, That the Senate— Maria in Puerto Rico; the aftermath of Hurricane Irma; and (1) recognizes the 1-year anniversary of (2) honors the victims who lost their lives (6) reaffirms the commitment of the Sen- Hurricane Harvey, which reached the shores due to Hurricane Maria; ate to support the people of Florida and pro- of the United States on August 25, 2017; (3) commends the resiliency of those still vide resources as needed to assist commu- (2) expresses condolences to the victims of rebuilding their lives after Hurricane Maria; nities striving to return to normalcy after Hurricane Harvey; (4) recognizes the continued challenges fac- Hurricane Irma. (3) commends the resiliency and courage of ing Puerto Rico and the United States Vir- f the people of Texas and Louisiana; gin Islands in the wake of Hurricane Maria; (4) applauds the work and commitment of (5) commits to ensuring that survivors of SENATE CONCURRENT RESOLU- Federal, State, and local partners, law en- Hurricane Maria have adequate resources to TION 48—DIRECTING THE CLERK forcement officers, active duty members of continue the recovery process; OF THE HOUSE OF REPRESENTA- the Armed Forces, members of the National (6) extols the work of first responders and TIVES TO MAKE CORRECTIONS Guard and Reserves, first responders, and citizens who contributed to saving countless IN THE ENROLLMENT OF H.R. brave citizens who went into harm’s way to lives in the aftermath of Hurricane Maria; 1551 save countless lives in the aftermath of Hur- and ricane Harvey and who have provided sup- (7) reaffirms the commitment of the Sen- Mr. HATCH (for himself and Mr. port during the past year; and ate to support the people of Puerto Rico and WHITEHOUSE) submitted the following

VerDate Sep 11 2014 01:49 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.029 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE S6310 CONGRESSIONAL RECORD — SENATE September 25, 2018 concurrent resolution; which was con- COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without sidered and agreed to: AND PENSIONS objection, it is so ordered. S. CON. RES. 48 The Committee on Health, Edu- The clerk will report the bill by title. Resolved by the Senate (the House of Rep- cation, Labor, and Pensions is author- The senior assistant legislative clerk resentatives concurring), That, in the enroll- ized to meet during the session of the read as follows: ment of the bill H.R. 1551, the Clerk of the Senate on Tuesday, September 25, 2018, A bill (S. 3139) to require State safety over- House of Representatives shall make the fol- at 3 p.m., to conduct a hearing entitled sight agencies to conduct safety inspections lowing corrections: ‘‘Health Care in Rural America: Exam- of public transportation systems that pro- (1) Amend the long title so as to read: ‘‘An ining Experiences and Costs.’’ vide rail fixed guideway public transpor- Act to modernize copyright law, and for tation and to direct the Secretary of Trans- SELECT COMMITTEE ON INTELLIGENCE other purposes.’’. portation to develop risk-based inspection (2) In section 1(a), strike ‘‘Orrin G. Hatch’’ The Select Committee on Intel- guidance for such agencies, and for other and insert ‘‘Orrin G. Hatch–Bob Goodlatte’’. ligence is authorized to meet during purposes. f the session of the Senate on Wednes- There being no objection, the Senate day, August 01, 2018, at 2.30 p.m., to proceeded to consider the bill. NOTICE OF INTENT TO OBJECT TO conduct a closed hearing. PROCEEDING Mr. MCCONNELL. I ask unanimous f consent that the bill be considered read I, Senator RON WYDEN, intend to ob- a third time. ject to proceeding to the nomination of REDESIGNATING A FACILITY OF The PRESIDING OFFICER. Without Michael Faulkender, of Maryland, to THE NATIONAL AERONAUTICS objection, it is so ordered. be an Assistant Secretary of the Treas- AND SPACE ADMINISTRATION The bill was ordered to be engrossed ury, dated August 1, 2018. Mr. MCCONNELL. Mr. President, I for a third reading and was read the f ask unanimous consent that the Com- third time. AUTHORITY FOR COMMITTEES TO mittee on Commerce, Science, and Mr. MCCONNELL. I know of no fur- MEET Transportation be discharged from fur- ther debate on the bill. ther consideration of S. 3389 and the Mr. THUNE. Mr. President, I have 6 The PRESIDING OFFICER. If there Senate proceed to its immediate con- is no further debate, the bill having requests for committees to meet during sideration. today’s session of the Senate. They been read the third time, the question The PRESIDING OFFICER. Without is, Shall the bill pass? have the approval of the Majority and objection, it is so ordered. Minority leaders. The bill (S. 3139) was passed, as fol- The clerk will report the bill by title. lows: Pursuant to rule XXVI, paragraph The senior assistant legislative clerk S. 3139 5(a), of the Standing Rules of the Sen- read as follows: ate, the following committees are au- Be it enacted by the Senate and House of Rep- A bill (S. 3389) to redesignate a facility of thorized to meet during today’s session resentatives of the United States of America in the National Aeronautics and Space Admin- Congress assembled, of the Senate: istration. SECTION 1. SHORT TITLE. COMMITTEE ON ARMED SERVICES There being no objection, the Senate This Act may be cited as the ‘‘Transit Rail The Committee on Armed Services is proceeded to consider the bill. Inspection Practices Act of 2018’’ or the authorized to meet during the session Mr. MCCONNELL. I ask unanimous ‘‘TRIP Act’’. of the Senate on Tuesday, September consent that the bill be considered read SEC. 2. PUBLIC TRANSPORTATION SAFETY IN- 25, 2018, at 9:30 a.m., to conduct a hear- a third time and passed and that the SPECTIONS. ing on the following nominations: Gen- motion to reconsider be considered (a) IN GENERAL.—Section 5329 of title 49, eral Robert B. Abrams, USA, to be made and laid upon the table. United States Code, is amended— General, and to be Commander, United The PRESIDING OFFICER. Without (1) in subsection (b)— (A) in paragraph (2)— Nations Command/Combined Forces objection, it is so ordered. Command/United States Forces Korea, (i) in subparagraph (D), by striking ‘‘and’’ The bill (S. 3389) was ordered to be at the end; and Vice Admiral Craig S. Faller, USN, engrossed for a third reading, was read (ii) in subparagraph (E), by striking the pe- to be Admiral, and to be Commander, the third time, and passed, as follows: riod at the end and inserting ‘‘; and’’; and United States Southern Command. S. 3389 (iii) by adding at the end the following: ‘‘(F) consideration, where appropriate, of COMMITTEE ON ENERGY AND NATURAL Be it enacted by the Senate and House of Rep- performance-based and risk-based meth- RESOURCES resentatives of the United States of America in odologies.’’; and The Committee on Energy and Nat- Congress assembled, ural Resources is authorized to meet (B) by adding at the end the following: SECTION 1. REDESIGNATION OF NASA INDE- ‘‘(3) PLAN UPDATES.—The Secretary shall during the session of the Senate on PENDENT VERIFICATION AND VALI- update the national public transportation DATION FACILITY. Tuesday, September 25, 2018, at 10 a.m., safety plan under paragraph (1) as nec- (a) REDESIGNATION.—The National Aero- to conduct a hearing. essary.’’; nautics and Space Administration Inde- (2) in subsection (e), by adding at the end COMMITTEE ON FOREIGN RELATIONS pendent Verification and Validation Facility the following: The Committee on Foreign Relations in Fairmont, West Virginia, is hereby redes- ‘‘(11) EFFECTIVENESS OF ENFORCEMENT AU- is authorized to meet during the ses- ignated as the ‘‘Katherine Johnson Inde- THORITIES AND PRACTICES.—The Secretary pendent Verification and Validation Facil- sion of the Senate on Tuesday, Sep- shall develop and disseminate to State safety ity’’. tember 25, 2018, at 3 p.m., to conduct a oversight agencies the process and method- (b) REFERENCES.—Any reference in any hearing on the following nominations: ology that the Secretary will use to monitor law, map, regulation, document, paper, or Bonnie Glick, of Maryland, to be Dep- the effectiveness of the enforcement authori- other record of the United States to the fa- ties and practices of State safety oversight uty Administrator, and Michael T. cility referred to in subsection (a) shall be agencies.’’; and Harvey, of Texas, and Mark Mont- deemed to be a reference to the ‘‘Katherine (3) by adding at the end the following: gomery, of Virginia, both to be an As- Johnson Independent Verification and Vali- ‘‘(l) INSPECTIONS.— sistant Administrator, all of the dation Facility’’. ‘‘(1) INSPECTION ACCESS.— United States Agency for International f ‘‘(A) IN GENERAL.—A State safety oversight Development. program shall provide the State safety over- COMMITTEE ON HEALTH, EDUCATION, LABOR, TRANSIT RAIL INSPECTION sight agency established by the program AND PENSIONS PRACTICES ACT OF 2018 with the authority and capability to enter The Committee on Health, Edu- Mr. MCCONNELL. Mr. President, I the facilities of each rail fixed guideway pub- cation, Labor, and Pensions is author- ask unanimous consent that the Com- lic transportation system that the State ized to meet during the session of the mittee on Banking, Housing, and safety oversight agency oversees to inspect infrastructure, equipment, records, per- Senate on Tuesday, September 25, 2018, Urban Affairs be discharged from fur- sonnel, and data, including the data that the at 10 a.m., to conduct a hearing enti- ther consideration of S. 3139 and the rail fixed guideway public transportation tled ‘‘The Every Student Succeeds Act: Senate proceed to its immediate con- agency collects when identifying and evalu- States Leading the Way.’’ sideration. ating safety risks.

VerDate Sep 11 2014 02:45 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A25SE6.024 S25SEPT1 dlhill on DSK3GLQ082PROD with SENATE September 25, 2018 CONGRESSIONAL RECORD — SENATE S6311 ‘‘(B) POLICES AND PROCEDURES.—A State (c) NO EFFECT ON INITIAL CERTIFICATION The resolutions were agreed to. safety oversight agency, in consultation PROCESS.—Nothing in this section or the Mr. MCCONNELL. Mr. President, I with each rail fixed guideway public trans- amendments made by this section shall be portation agency that the State safety over- construed to affect the requirements for ini- ask unanimous consent that the pre- sight agency oversees, shall establish poli- tial approval of a State safety oversight pro- ambles be agreed to and that the mo- cies and procedures regarding the access of gram, including the initial deadline, under tions to reconsider be considered made the State safety oversight agency to conduct section 5329(e)(3) of title 49, United States and laid upon the table, all en bloc. inspections of the rail fixed guideway public Code, as in effect on the day before the date The PRESIDING OFFICER. Without transportation system, including access for of enactment of this Act. objection, it is so ordered. inspections that occur without advance no- SEC. 3. FUNDING FOR STATE SAFETY OVERSIGHT tice to the rail fixed guideway public trans- PROGRAM GRANTS. The preambles were agreed to. portation agency. (a) IN GENERAL.—Section 5336(h)(4) of title (The resolutions, with their pre- ‘‘(2) DATA COLLECTION.— 49, United States Code, is amended by strik- ambles, are printed in today’s RECORD ‘‘(A) IN GENERAL.—A rail fixed guideway ing ‘‘0.5 percent’’ and inserting ‘‘0.75 per- under ‘‘Submitted Resolutions.’’) public transportation agency shall provide cent’’. the applicable State safety oversight agency (b) APPLICABILITY.—The amendment made with the data that the rail fixed guideway by subsection (a) shall apply with respect to f public transportation agency collects when fiscal year 2020 and each fiscal year there- identifying and evaluating safety risks, in after. accordance with subparagraph (B). DIRECTING THE CLERK OF THE ‘‘(B) POLICIES AND PROCEDURES.—A State Mr. MCCONNELL. I ask unanimous HOUSE OF REPRESENTATIVES safety oversight agency shall establish poli- consent that the motion to reconsider TO MAKE CORRECTIONS IN THE cies and procedures for collecting data de- be considered made and laid upon the ENROLLMENT OF H.R. 1551 scribed in subparagraph (A) from a rail fixed table. guideway public transportation agency, in- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I cluding with respect to frequency of collec- objection, it is so ordered. ask unanimous consent that the Sen- tion, that is commensurate with the size and ate proceed to the immediate consider- complexity of the rail fixed guideway public f ation of S. Con. Res. 48. transportation system. VETERANS’ COMPENSATION COST- ‘‘(3) INCORPORATION.—Policies and proce- The PRESIDING OFFICER. The dures established under this subsection shall OF-LIVING ADJUSTMENT ACT OF clerk will report the concurrent resolu- be incorporated into— 2018 tion by title. ‘‘(A) the State safety oversight program Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk standard adopted by a State safety oversight ask unanimous consent that the Com- read as follows: agency under section 674.27 of title 49, Code of Federal Regulations (or any successor reg- mittee on Veterans’ Affairs be dis- A concurrent resolution (S. Con. Res. 48) ulation); and charged from further consideration of directing the Clerk of the House of Rep- ‘‘(B) the public transportation agency safe- H.R. 4958 and the Senate proceed to its resentatives to make corrections in the en- ty plan established by a rail fixed guideway immediate consideration. rollment of H.R. 1551. public transportation agency under sub- The PRESIDING OFFICER. Without There being no objection, the Senate section (d). objection, it is so ordered. proceeded to consider the concurrent ‘‘(4) ASSESSMENT BY SECRETARY.—In assess- The clerk will report the bill by title. resolution. ing the capability of a State safety oversight The senior assistant legislative clerk agency to conduct inspections as required read as follows: Mr. MCCONNELL. Mr. President, I under paragraph (1), the Secretary shall en- ask unanimous consent that the con- sure that— A bill (H.R. 4958) to increase, effective as of current resolution be agreed to and the ‘‘(A) the inspection practices of the State December 1, 2018, the rates of compensation safety oversight agency are commensurate for veterans with service-connected disabil- motion to reconsider be considered with the number, size, and complexity of the ities and the rates of dependency and indem- made and laid upon the table with no rail fixed guideway public transportation nity compensation for the survivors of cer- intervening action or debate. systems that the State safety oversight tain disabled veterans, and for other pur- The PRESIDING OFFICER. Without poses. agency oversees; objection, it is so ordered. ‘‘(B) the inspection program of the State There being no objection, the Senate The concurrent resolution (S. Con. safety oversight agency is risk-based; and proceeded to consider the bill. ‘‘(C) the State safety oversight agency has Res. 48) was agreed to. Mr. MCCONNELL. I ask unanimous sufficient resources to conduct the inspec- (The concurrent resolution is printed tions. consent that the bill be considered read in today’s RECORD under ‘‘Submitted ‘‘(5) SPECIAL DIRECTIVE.—The Secretary a third time and passed and that the shall issue a special directive to each State motion to reconsider be considered Resolutions.’’) safety oversight agency on the development made and laid upon the table. and implementation of risk-based inspection The PRESIDING OFFICER. Without f programs under this subsection. objection, it is so ordered. ‘‘(6) ENFORCEMENT.—The Secretary may The bill (H.R. 4958) was ordered to a use any authority under this section, includ- ORDERS FOR WEDNESDAY, ing any enforcement action authorized under third reading, was read the third time, SEPTEMBER 26, 2018 subsection (g), to ensure the compliance of a and passed. Mr. MCCONNELL. Mr. President, I State safety oversight agency or State safe- f ty oversight program with this subsection.’’. ask unanimous consent that when the (b) DEADLINE; EFFECTIVE DATE.— RESOLUTIONS SUBMITTED TODAY Senate completes its business today, it (1) SPECIAL DIRECTIVE ON RISK-BASED IN- Mr. MCCONNELL. Mr. President, I adjourn until 9:30 a.m., Wednesday, SPECTION PROGRAMS.—Not later than 1 year ask unanimous consent that the Sen- September 26; further, that following after the date of enactment of this Act, the ate now proceed to the en bloc consid- the prayer and pledge, the morning Secretary of Transportation shall issue each eration of the following Senate resolu- hour be deemed expired, the Journal of special directive required under section proceedings be approved to date, the 5329(l)(5) of title 49, United States Code, as tions, which were submitted earlier added by subsection (a). today: S. Res. 648, 649, 650, 651, and 652. time for the two leaders be reserved for (2) INSPECTION REQUIREMENTS.—Section There being no objection, the Senate their use later in the day, and morning 5329(l) of title 49, United States Code, as proceeded to consider the resolutions business be closed; further, that fol- added by subsection (a), shall apply with re- en bloc. lowing leader remarks, the Senate pro- spect to a State safety oversight agency on Mr. MCCONNELL. I know of no fur- ceed to executive session and resume and after the date that is 2 years after the ther debate on the resolutions en bloc. consideration of the Feldman nomina- date on which the Secretary issues the spe- tion under the previous order. cial directive to the State safety oversight The PRESIDING OFFICER. If there agency under paragraph (5) of such section is no further debate, the question is on The PRESIDING OFFICER. Without 5329(l). adoption of the resolutions en bloc. objection, it is so ordered.

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